HomeMy WebLinkAboutLA 8805190550 I ‘. W-846 • .
AGREEMENT AND CONVEYANCE
RE: UTILITIES SYSTEMS
THIS AGREEMENT made and entered into this /9 - day of - 4r. 19 .
optional mun ►�
ic a ^cod�ederat e
by and between the CITY OF RENTON , a municipal corporation ot1 the s
laws and statutues of the State of Washington, hereinafter referred to as "CITY" and
KENCO SALES, INC. hereinafter referred to as "DEVELOPER" ;
WITNESSET H:
WHEREAS "The Developer" is desirous of installing certain watermmosemm lines and
appurtenances thereto at, near, or within the hereinbelow described property and to
connect same to the City' s Utility System so that such improvements will constitute an
integral part thereof; and
WHEREAS no other property owners or users are presently available to share in the cost
0 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
5), as a "Municipal Water and Sewer Facilities Act, (RCW 35.91 . 101 et seq)"; and
74WHEREAS "The Developer" is willing to pay all the costs and expenses for the installation
gof said improvements;
0 NOW THEREFORE, IT IS HEREBY AGREED AND COVENANTED BY AND BETWEEN THE AFORESAID PARTIES
GO
AS FOLLOWS:
1 . The "Developer" hereby acknowledges and covenants that he is the owner of the
following described property, to-wit;
The North 240 feet of Parcel "B" of City of Renton Short
Plat No. SP 379-79 recorded under King County Recording
Number 7909249002: Also known as the South 240 feet of the
North 410 feet of Lot 2, Block 1, Burlington Northern RR;,:gri..`icti >i iFiFi0 D
Orillia Industrial Park of Renton Division 1, Recorded in RIEcr.., F 9. rin
Volume 108, Pages 12 and 13, Records of King County,
CAwH.-L. 4:4:4::3:�4a Fin
Washington. 11
and the "Developer" hereby agrees and covenants to cause to have installed the following
described improvements, to-wit:
Installation of approximately 1,088 L.F. of 8" and 20 L.F. of 6" D.I. watermain, two (2)
fire hydrants and all appurtenances installed under City of Renton approved plan No. W-846
for Kenco Project at 3001 East Valley Highway,
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 $48,158.55
See Exhibit "A" attached hereo for the legal description of the lands affected by this
latecomer agreement or exhibit sl�o ."B". 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) .
HIED FOR RFCCR 3 AT REALEST Of :0m MC
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PAGE 1 OF 5 :�- x«
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Based on said total amount of cost, the costs perxfx ;trxxK front
lineal foot 4X433f..itigovoctxtbacx.inttpprer:Faysbraceoptisx0x 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
CD 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
CD hereby further agreed that in the event the total actual cost of the aforedescribed
'4 improvement shall be different from that set forth hereinabove, then this Agreement
Q will be duly amended to set forth the total actual cost thereof. The pro rata cost
QD per front lineal foot is $ 30.0054
GO 3. It is hereby found and determined that the construction and installation
said aforedescribed improvement is in the public interest and in furtherance of public
health and sanitation.
4. The "Developer" hereby agrees and covenants to convey, transfers and assign
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
PAGE 2 OF 5
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
0 such connection and acceptance by the City through its legislative body, said extension
VI
0 and/or improvement shall be and become a part of the municipal utilities systems.
0
Cr)
8. This agreement shall be placed for record with the King County Auditor's
0 Office immediately upon execution thereof and all costs of recording shall be the
0 responsibility of the "Developer".
00
DATED THIS' /9 —DAY OF `?7 19c d
CITY Allt NTON, A MU CIPAL CORPORATION DEVELOP
II /
BY: ,i� �....♦ , BY: !�'�/�l� V�
A YOR ` `
BY: BY:
CITY CLERK
CITY OF RENTON DEVELOPER
STATE OF WASHINGTON ) STATE OF WASHINGTON )
) ss ) ss
COUNTY OF KING ) COUNTY OF KING )
44.
On this 19 day of 4 , l98$ On this day personally appeared before me
before me personally appeared -:, 4
of A 1Pauche.. b. Ma+Or , to me kno o (Grantor(s)
be the ( Mayor, City Clerk &!ogr.T74 Alli.cr'RZL 0/1-Kw;,4(5
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.(Odescribed
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 Give under my ha". and .,. ficial seal t
bs
and that the seal affixed is the corporate day of 4, • / ' , 19;>O .
seal of said municipal corporation.
IN WITNESS WHEREOF, I have hereunto set
my hand and affixed my official seal the Signature of officer and official seal
day and year first above written. 4(4/1 414
Signature & Title of 0 ficer Notary Public in an: for State of
J Washington, residing at
Notary i '.lic in and for the State of
Washing .n, residing in J./J ( A._,4:11
PAGE 3 OF 5
•
h
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: City of Renton approved water plan for KENCO Proiect - 3001 East Valley Highway
PROJECT NO.: W-846
0, RECIPIENT: KENCO SALES, INC.
BRIEF PROJECT DESCRIPTION: Installation of approximately 1,088 L.D. of 8" and 20 L.F. Of 6" D.I.
117 watermain, two (2) fire hydrants, and all appurtenances intalled for Kenco at 3001 East Valley Highway.
a,
tri
lr9 TOTAL ASSESSMENT COST: $ 48,158.55
TOTAL ASSESSABLE FOOTAGE: 1,605 L.F.
Go (Front Footage or Square Footage)
TOTAL COST PER FRONT FOOT OR SQUARE FOOT: $ 30.0054 per front lineal foot
If there is any question regarding the paid or unpaid status of the following assessments, please
call the City of Renton, Utility Engineering Department at 235-2631.
ASSESSABLE ADDITIONAL
OWNERSHIP LEGAL DESCRIPTION FOOTAGE CHARGE
PARCEL NO. 1 PTN LOT 2 BLOCK 1 281.25 L.F. $8,439.01
125380-0021-00 BURL N ORILLA IND PK RENTON #1
PUGET SOUND PWR< PARCEL A OF CITY OF RENTON SHORT
PUGET POWER BLDG • PLAT NO 379-79 RECORDING NO 7909249002
BELLEVUE WA 98004 SD SHORT PLAT DAF - LOT 2 BLK 1 OF
BURLINGTON NORTHERN ORILLIA •
INDUSTRIAL PARK OF RENTON DIV I
PARCEL NO.2 PTN LOTS 2-3 BLOCK 1 281.25 L.F. $8,439.01
125380-0030-09 BURL N ORILLIA IND PK RENTON#1
BURLINGTON NORTHERN RR PARCEL B LESS N 240 FT OF CITY OF
2100 1ST INTERSTATE CTR RENTON SHORT PLAT NO 379-79
999 3RD AVE PROP TAX DEPT RECORDING NO 7909249002 AKA LOT 2
SEATTLE WA 98104 LESS N 410 FT OF BLK 1 OF BURLINGTON
NORTHERN ORILLIA INDUSTRIAL PARK OF
RENTON DIV 1-TGW LOT 3 BLK 1 SD PLAT
-AKA LOT B OF CITY OF RENTON LOT LN
ADJ NO 13-85 RECORDING NO 8511069006
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PAGE 4 OF 5
EXHIBIT "B" W-846
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Page 5 Of 5