HomeMy WebLinkAboutLA 8701080852 PROJECT NO. W-816
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��t�.so. AGREEMENT AND CONVEYANCE RECD 1= 9.00
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RE: UTILITIES SYSTEMS
THIS AGREEMENT made and entered into this .3/.a -day of 44 l9?(
by and between the CITY OF RENTON, a municipal corporation of the second class under the
laws and statutues of the State of Washington, hereinafter referred to as "CITY" and
John Pietromonaco and/or John W. McKenna, Jr.
(General Partners Business Parks Northwest) hereinafter referred to as "DEVELOPER";
WITNESSET H:
;11 WHEREAS "The Developer" is desirous of installing certain water )b%)JX Jt- lines and
OD appurtenances thereto at, near, or within the hereinbelow described property and to
O connect same to the City's Utility System so that such improvements will constitute an
CD integral part thereof; and
QWHEREAS no other property owners or users are presently available to share in the cost
00 and expense of construction of such improvements and the parties hereto having in mind
the provisions and terms of Chapter 261 of the 1959 Sessions Laws, generally referred to
as a "Municipal Water and Sewer Facilities Act, (RCW 35.91 . 101 et seq)"; and
WHEREAS "The Developer" is willing to pay all the costs and expenses for the installation
of said improvements;
NOW THEREFORE, IT IS HEREBY AGREED AND COVENANTED BY AND BETWEEN THE AFORESAID PARTIES
AS FOLLOWS:
1 . The "Developer" hereby acknowledges and covenants that he is the owner of the
following described property, to-wit;
That portion of Tract 183 of C.D. Hillman's Lake Washington Garden of Eden Addition to
Seattle, Division No. 3, as per plat recorded in Volume 11 of Plats, on Page 81, records
of King County, lying Easterly and Northerly of Primary State Highway No. 1 as condemned
for highway purposes by the State of Washington under King County Superior Court Cause
No. 613780;
Situate in the City of Renton, County of King, State of Washington.
and the "Developer" hereby agrees and covenants to cause to have installed the following
described improvements, to-wit:
Installation of 477.L.F. of 12" D.I. watermain, and one fire hydrant and all
appurtenances per Water Plan W-816;
and such installation to be made in full compliance with all applicable codes and
regulations of the City of Renton. The "Developer" further covenants and warrants that
all expenses and claims in connection with the construction and installation of the
aforesaid improvements, whether for labor or materials or both have been or will be paid
in full , all the "Developer' s" expense, and the "Developer" covenants and agrees to hold
the City of Renton harmless from any liability in connection therewith.
2. The "Developer" further certifies that the total estimated cost of said
construction as hereinabove specified will be in the sum of $ 30,591.81
See Exhibit "A" attached hereto for the legal description of the lands affected by this
latecomer agreement or a map showing in outline the land affected by such additional
charges per the terms of this agreement. Per RCW 65.08. 170(3) (RCW 35.92.025) .
See Exhbiit "A".
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Based on said total amount of cost, xgRXXXxRgxxxximmxitx moXioxxxk txmx per front
lineal foot W,ti!ze out the knappt cabee path) of said improvement shall be employed to
determine the pro rata reimbursement to the "Developer" by any owner of real estate,
who did not contribute to the original cost of such improvement, and who subsequently
wishes to tap into or hook unto or use said facilities, which tap or hookup shall
include connections to laterals or branches connecting thereto, all subject to the laws
and ordinances of the City of Renton and the provisions of this Agreement. It is
hereby further agreed that in the event the total actual cost of the aforedescribed
improvement shall be different from that set forth hereinabove, then this Agreement
will be duly amended to set forth the total actual cost thereof. The pro rata cost
per front foot is $ 18.8005
3. It is hereby found and determined that the construction and installation
Osaid aforedescribed improvement is in the public interest and in furtherance of public
Op health and sanitation.
O
Q 4. The "Developer" hereby agrees and covenants to convey, transfers and assign
040 unto City all right, interest and title in and to said improvements and all appurten-
ances and accessories thereto, free from any claim and encumbrance of any party
whomsoever; City agrees to accept and maintain said improvement as part of its present
Utilities Systems upon approval thereof by the City Engineer and after inspection of
said construction. The "Developer" further agrees and covenants to execute and to
deliver unto the City any and all documents including Quit Claim Deeds and Bills of
Sales that may reasonably be necessary to fully vest title in the City and to
effectuate this conveyance and transfer. The "Developer" further agrees and covenants
to pay unto the City such service or other charges as may be imposed by the Ordinance
of the City of Renton from time to time applicable to like users of the same class.
5. City reserves the right, without affecting the validity or terms of this
Agreement to make or cause to be made extensions to or additions of the above improve-
ment and to allow service connections to be made to said extensions or additions,
without liability on the part of the City.
6. No person, firm or corporation shall be granted a permit or be authorized to
tap into the facility for water or sewer service during the period of ten (10) years
from date hereof, without first paying unto the City, in addition to any and all other
costs, fees and charges made or assessed for each tap, or for the main facilities
constructed in connection therewith, the amount required by the provisions of this
contract except such charges shall not apply to any extension of the main facility.
All amounts so received by the City shall be paid out by it unto the "Developer" under
the terms of this agreement within sixty (60) days after receipt thereof. Further-
more, in case any tap, hookup or connection is made into any such contracted facility
without such payment having been first made, the legislative body of the City may
cause to have removed such unauthorized tap, hookup or connection, and all connecting
(title or pipe) or related accessories located in the facility of right-of-way, and
dispose of such unauthorized material so removed, without any liability on the part of
the City whatever. It is further agreed and covenanted that upon expiration of the
term of this Agreement; towit: ten (10) • years from date hereof, City shall be
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under no further obligation to collect or make any further sums unto the "Developer".
The decision of the City Engineer or his authorized representative in determining or
computing the amount due from any benefited owner who wishes to hook up to such
improvement, shall be final and conclusive in all respects.
7. It is further agreed and understood that the aforedescribed improvements to
be undertaken and paid for by Developer
have been or are about to be connected with the Utilities Systems of the City, and upon
such connection and acceptance by the City through its legislative body, said extension
and/or improvement shall be and become a part of the municipal utilities systems.
8. This agreement shall be placed for record with the King County Auditor's
`v Office immediately upon execution thereof and all costs of recording shall be the
CDCD responsibility of the "Developer".
1D
O
DATED THIS jY DAY OF 19 rg
CD
GD
CITY OF RENTON, A MUNICIPAL CORPORATION DEVELOPER: ,4
BY: ipC At./ / 1 •
�� � �P BY: �
MAYOR ,
ie
BY• BY / /1 ,.e,.-.ACL
CITY CLERK
CITY OF RENTON DEVELOPER
STATE OF WASHINGTON ) STATE OF WASHINGTON )
) ss ) ss
COUNTY OF KING ) COUNTY OF KING )
On this 313r day of ,D+P.tDm,il , 198(c, On this day personally appeared before me
before me personally appeared ] S ' L. Pie fro .e 04Lev c1
(kmd litakike_, Z. U1e-for , to me known to (Grantor(s)
be the ( Mayor, City Clerk -7O1`''" W• H Kee-AA_ ' r.
or other authorized
officer or agent, as the case may be) of the
municipal corporation that executed the to me known to be the individual(s>described
within and foregoing instrument, and in and who executed the within and fore-
acknowledged said instrument to be the free going instrument, and acknowledged that he
and voluntary act and deed of said municipal (she or they) signed the same as his (her
corporation, for the uses and purposes or their) free and voluntary act and deed,
therein mentioned, and on oath stated that for the uses and purposes therein mentioned.
he was authorized to execute said instrument Given under my hand and official seal this
and that the seal affixed is the corporate /$A- day of £ p.t4 a l' , 19! .
seal of said municipal corporation.
IN WITNESS WHEREOF, I have hereunto set Signature of officer and official seal
my hand and affixed my official seal the
day and year first above written.
aanlik4J117-1614bSa
Notary Public in and for th Stat of
Sig f turf 44-,p7., ,f Of icer Washington, residing a ,„z
, f�, .'it.. .,,
NO ail A.ttilifil,fx. and for the State 1tJf
Y4r . ,. 6 Z -04,.
Washin:yc,n b je ;a.dini in Kl'� uauiw �0 9
!2 !'..1•..+ i ,4�f plc`� •�....
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EXHIBIT "A"
NOTICE OF ADDITIONAL WATER OR SEWER
FACILITY TAP OR CONNECTION CHARGES
REQUIRED BY RCW 65 .08 . 170 (3)
(RCW 35 . 92 .025)
MUNICIPALITY CITY OF RENTON , WASHINGTON ADDITIONAL TAP OR CONNECTION
CHARGE PER: "44" Renton Business Park Northwest
PROJECT NO . : W-816
in RECIPIENT: John Pietromonaco and/or John W. McKenna, Jr.
c0
BRIEF PROJECT DESCRIPTION : Installation of 477 L.F. of 12" D.I. watermain.
O
O and one fire hydrant and all appurtenances.
N
co
TOTAL ASSESSMENT COST : $ 30,591.81
TOTAL ASSESSABLE FOOTAGE : 1,627.18
(Front Footage or Square Footage)
TOTAL COST PER FRONT FOOT OR SQUARE FOOT : $ 18.8005
If there is any question regarding the paid or unpaid status of the
following assessments , please call the City of Renton , Utility Engineer-
ing Department at 235-2631 .
ASSESSABLE
LEGAL DESCRIPTION FOOTAGE ADDITIONAL CHARGE
PLAT OF C.D. HILLMAN"S LAKE
WASHINGTON GARDEN OF EDEN
ADD. TO SEATTLE, DIV. NO. 3
VOL. 11, PG. 81 RECORDS OF
KING CO. WASH. DAF:
TRACT 182 330 L.F. $ 6,204.16
POR. TRACTS 183 and 184
LY ELY, SLY, and WLY OF
ST. HWY #1. 305 L.F. $ 5,734.15
POR TRACTS 184 and 185 DAF: 137.94 L.F. $ 2,593.34
TR 184 LESS PORLY W OF ELY
R/W SR 405 LESS POR LY S
OF N R/W LN OF NE 44TH TGW
POR OF TR 185 LY S OF LN
BEG AT NE COR SD TR 185 TH
S 00-56-18 W 367.36 FT ALG
E LN SD TR TO TPOB TH N •
88-47-17 W PLW N LN OF SD
TR 187 FT TH S 00-56-18 W
4 FT TH N 88-47-17 W 40.6
FT TAP ON ELY MGN SD HWY &
TERMINUS SD LN LESS POR SD
TR LY W OF ELY R/W OF SR
405 AKA LOT 2 RENTON LLA
015-82 REC NO 8301259003
POR TRACT 183 LY NLY OF
STATE HWY #1. 854.24 L.F. ($16,060.16)
DEVELOPER'S SHARE
PRE-PAID, NOT
ASSESSABLE.
TOTAL $30,591.81
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RECEX, i..0 ,,i DAY
EXHIBIT "B"
JAN ii C7 44 1541
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a a a an arae*
Jo' W-816 "4411-Renton Project.
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