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HomeMy WebLinkAboutLA 8804260281 • _ S-415 AGREEMENT AND CONVEYANCE RE: UTILITIES SYSTEMS THIS AGREEMENT made and entered into this .,1-44J day of 19 8e opttonal m ici a cod under the by and between the CITY OF RENTON , a municipal corporation othe 1 laws and statutues of the State of Washington, hereinafter referred to as "CITY" and Crown Pointe Limited Partnership hereinafter referred to as "DEVELOPER"; 102R1i F�t WITNESSETH: i- WHEREAS "The Developer" is desirous of installing certainlWaWroMsewer lines ana- , s 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 and expense of construction of such improvements and the parties hereto having in mind 11.4 the provisions and terms of Chapter 261 of the 1959 Sessions Laws, generally referred to (1,3 as a "Municipal Water and Sewer Facilities Act, (RCW 35.91 . 101 et seq)"; and sWHEREAS "The Developer" is willing to pay all the costs and expenses for the installation 04 of said improvements; gNOW 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; SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT 1 `-� • and the "Developer" hereby agrees and covenants to cause to have installedthe following described improvements, to-wit: Installation of 220 L.F. of 8" Sanitary Sewer Main North of NE 4th Street off NW corner of Crown Pointe Apartments, .Project S-415, 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 $ 6,118,46 See Exhibit "A" attached hereto for the legal description of the lands affected by this see Exhibit."B" latecomer agreement or a mapnshowing 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 EXHIBIT "A" ' FILED FOR RECORD AT REQREST OF eFFICE OF IN CM CLERK • RENON MEE!. LH. NO Mill AVE. Sit. SHEET-.1 OF 6 Based on said total amount of cost, the costs !.. s. e •a ,_ ii..(:'. . } yam per front lineal foot (Zeta#raz• ir•? .?.• �.� �•r_:�� •.•c•,�� 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 Property is $ 1/2 of $6,118.46 each parcel. 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 ODhealth and sanitation. 04 4. The "Developer" hereby agrees and covenants to convey, transfers and assign 04 unto City all right, interest and title in and to said improvements and all appurten- Oances and accessories thereto, free from any claim and encumbrance of any party GO whomsoever; City agrees to accept and maintain said improvement as part of its present 010 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 SHEET 2 OF 6 • 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 8 Office immediately upon execution thereof and all costs of recording shall be the responsibility of the "Developer". 0 DATED THIS 6/* DAY OF�f'/ la__ 19 .0E—ff. • CIT PENTON A MUNICIPAL CORPORATION DEVELOP R: .; � ` BY: MAYOR Paul K. Summers, Vice President/Secretary i / -' - BY: CITY CLERK CITY OF RENTON DEVELOPER STATE OF WASHINGTON ) STATE OF WASHINGTON ) ) ss ) ss COUNTY OF KING ) COUNTY OF KING 4ay ) On this 2_01. of v-( 1- ., 19.EB On this day personally appeared before me beforrq me persona" ly eared La.rJ C f yy wp _ Paul K. Summers covl I axin e. �ciltr--_, to me know to (Grantor(s) be the ( Mayor, City Clerk - r- • • • • • officer or ageut, as thPras-e-may—b•e4 of the municipal corporation that executed the to me known to be the individual(Odescribed within and foregoing instrument, and g gin 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 5thday of April , 19 88 . seal of said municipal corporation. IN WITNESS WHEREOF, I have hereunto set my and and affixed my official seal the Signature of offcer ,and ,official seal dae and year firs abo e written. ignatu -�Tl le of Of icer Notary Public rn`''andJfor.t AState of Washington, residing at, \M ll Creek 1�. Notary Public in and for the St. e of Washington, residing in ` Aa SHEET 3 OF 6 • . • 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: Crown Pointe Apartment - Sanitary Sewer Proiect PROJECT NO.: S-415 RECIPIENT: Crown Pointe Limited Partnership BRIEF PROJECT DESCRIPTION: Installation of 220 L.F. of 8" Sanitary Sewer Main per approved plan S-415 on file with the City of Renton TOTAL ASSESSMENT COST: $ 6J 18.46 O TOTAL ASSESSABLE FOOTAGE: N/A C� (Front Footage or Square Footage) a" TOTAL COST PER FRONT FOOT OR SQUARE FOOT: $ 1/2 of $6.118.46 each property cc If there is any question regarding the paid or unpaid status of the following assessments, please Ge call the City of Renton, Utility Engineering Department at 235-2631. ASSESSABLE ADDITIONAL OWNERSHIP LEGAL DESCRIPTION FOOTAGE CHARGE PARCEL NO. 1 ACCOUNT NO. 092305-9044-08 1/2 Total $3,059.23 Pettet, Jeanne M. E 1/2 OF SE 1/4 OF SW 1/4 OF Amount 17702 SE May Valley Rd. SE 1/4 OF SEC. 9-23-05 LESS S 430 Renton, WA 98055 FT LESS C/M RGTS *PARCEL NO. 2 SEE LEGAL DESCRIPTION * ($3.059.23) • Crown Pointe Ltd ATTACHED AS "EXHIBIT No. 1" TOTAL $6,118.46 • *Parcel No. 2 is owned by the Developer and is not • assessable under the terms of this latecomer agreement 0 0 • PAGE 5 OF 6 . S-415, V • EXHIBIT "B" z STR 9-23-5 (SE1/4) y e > Z x v' „..1- a.rr...`irli. c, r 1 '� 'p `� yC a ti • A/ ..•-/l•',C. I, 328 Y7 V i--i ii/ 1 y � Iz i Parcel No. 1 lm I I 1_141 i; I . �o $3,059.23 w '1 r _Cr . _ 1:_—__-- --,a--_-. - --- -.—__- _ re✓tiomm .n SR, ..,. .__—_--_+_i:z- r 4, -- ..., ' O h • N�V z l/ rTi y O I )s �� y ' CROWN POINT PROJECT `,� (T .°° . � •IN r . • Parcel No. 2 ' I ~ EXISTING SEWER - . __ _ ' - -- ' —_I It 11 ,11-7_7•-____' goo j_ I, 01]01 -___ 1 n ./..so'-----1 ----- . '''''''...--.".......:.i 7-J-1,4 ''' . • , . .''''..,....... 0 • I o . -. i 0 --,�'SdfL p14..:a r ti I:" _ 1 -'- . _..J_.__�'- t. 1 W \\��1 n 0 �I ! )I 1N 1 .. ._._.— I , . ,1W C I W OC,u O 9 I W I �N .._.)..,...,..,o • o (Wv - —6n — — 2e•1^W0 a-°o e1QG:(. ha ICO2 _ •t4 91 • • 2 .e • •o l•• b I 4. I3° 7D nl ..l Dr. 3,1 4 r.fo 2 v o w s —V%o-- f.Td.tY--- • (-4,,, � I • 1 m�4 4 ? I` I 7 (P -1 NON 4 • i co 2 v 1 0 . U' .7, v I� 0 `s o I DI la` �N .12 Ir` a N • \"',„., 7 N o r r a ^N WZ w � 0 . r u Yso r O tP IN 11 . Z o LA -O oo .9H o la 0 IrObIO — D . ronM°Ivric O NO U. No 1 i2 LI o I � mCO w : o ri F Ito •i / 81.53 .4A Ps- NI3c 263.8G /00 s- N UNION AVE. NE hn i 1 __ ) 1%-//.,,r:,v. // cr.,7n ,V° 43,3C7---) 1311.59 1 1 ° 1•w' ( /32ND AVE'-SE LATECOMER BOUNDARY a . PORTION OF SEWER LINE COVERED BY LATECOMER AGREEMENT THAT • • EXISTING SEWER BENEFITS PCL ID #092305-9044 SHEET 6 OF 6 EXHIBIT "I" • GO t4 CROWN POINTE APARTMENTS O LEGAL DESCRIPTION Cd 04 Trpo PARCEL A The west half of the southwest quarter of the southeast quarter of the southeast quarter of Section 9, Township 23 North, Range 5 E.W.M. , in King County, Washington; EXCEPT the south 180 feet thereof; TOGETHER WITH an easement for ingress and egress along the east 30 feet of the south 180 feet of the west half of the southwest quarter of the southeast quarter of the southeast quarter of Section 9, Township 23 North, Range 5 E.W.M. , in King County, Washington. PARCEL B The east half of the southwest quarter of the southeast quarter of the southeast quarter of Section 9, Township 23 North, Range 5 E.W.M. , in King County, Washington; EXCEPT the south 180 feet of the west 250 feet in width thereof; EXCEPT the south 30 feet for road. PARCEL C The westerly 30 feet of the south 180 feet of the east half of the southwest quarter of the southeast quarter of the southeast quarter of Section 9, Township 23 North, Range 5 E.W.M. , in King County, Washington; EXCEPT the south 30 feet for road. SHEET 4 OF 6