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HomeMy WebLinkAboutLA 9505080322Pow' • -RECEIVED •LA-947001 MAY 0 51995 CO Ian, WHEN RECORDED RETURN TO: KING CO�y1g essmen-District# 00/3 Office of the Ci Clerk ro LATECOME S RECORDE rlumber 3 Renton Municipal Building � t 7 0D 200 Mill Avenue South AGREEMENT Renton,WA 98055 0 3> W a, h O THIS AGREEMENT made and entered into this age,day of GiJ , 1995, by and between the CITY OF RENTON, hereinafter referred to as "CITY," and Environmental Development, Inc.. Tom Ichelson. PO Box 1574, Bellevue WA 98009 hereinafter referred to as "DEVELOPER"; WHEREAS, the 'DEVELOPER" is desirous of installing certain water systems, and appurtenances thereto at, near, or within the herein below described property and to connect same to the "CITY'S" utility or road system(s) so that such improvements will constitute an integral part thereof; and CCWHEREAS, 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 the provisions and terms of the "Municipal Water and Sewer Facilities Act" (RCW 35.91.020 et seq) 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; See Exhibit "A" and the —DEVELOPER" hereby agrees and covenants to cause to have installed the following described improvements, to-wit: Per approved water plan W-2158: Installation of 1256 linear feet of 12" water line and 2 fire hydrants. and such installation to be made in full compliance with all applicable codes and regulations of the "CITY." 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 at the "DEVELOPER'S" expense, and the "DEVELOPER" covenants and agrees to hold the "CITY" harmless from any liability in connection therewith. 2. The "Developer" further certifies that the total cost of said construction as herein above specified is $84,283.60 for an off-site water main and 2 fire hydrants. See Exhibit "B" attached hereto for the legal description of the lands affected by this latecomer agreement, see Exhibit "C" attached hereto for the Final Assessment Roll, and see Exhibit "D" attached hereto for the map showing in outline the land affected by such charges per the terms of this agreement The total amount of the cost 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 hookup to or use said facilities, which tap or hookup shall include connections to laterals or branches connecting Gthereto, all subject to the laws and ordinances of the "CITY" and the provisions of this ` 47)) Agreement. � The method of determining latecomer payments shall be by square foot of property subject to these latecomer charges: The pro rata cost per square foot is $0.02620327. 3. It is hereby found and determined that the construction and installation of said aforedescribed improvement is in the public interest. 4. The "DEVELOPER" hereby agrees and covenants to convey, transfer, and assign unto the "CITY" all rights, interest and title in and to said improvements and all appurtenances 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 system 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 Sale that may reasonably be necessary to fully vest title in the "CITY" and to effectuate this conveyance and transfer. The "DEVELOPER" further LATECOMER'S AGREEMENT- 2 12/94-671/TGB/bh agrees and covenants to pay unto the "CITY" such service charges or other charges as may be imposed by the "CITY" for use of the improvements for which this agreement is granted. 5. The 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 improvement 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 to use or be authorized to tap into the facility during the period of 15 (fifteen) 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. See Item 10. Furthermore, 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 Cconnections or related accessories located in the facility or 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 terms of this Agreement; to wit: 15 (fifteen) years from date hereof, plus any extension thereof if granted by City Council, "CITY" shall be under no further obligation to collect or make any further sums unto the "DEVELOPER." The decision of the Administrator of Public Works or the Administrator's authorized representative in determining or computing the amount due from any benefited owner who wishes to hookupto such improvement shall be final and conclusive in all respects. P 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. LATECOMER'S AGREEMENT - 3 12/94-671/TGB/bh 8. This Agreement shall be placed for record with the King County Auditor's Office within thirty (30) days of final execution of the agreement. 9. Transfer of title to all of the improvements under the latecomer's agreement to the "CITY" is a prior condition to the City collecting any latecomer's fee. The "DEVELOPER" will also assign to the "CITY" the benefit and right to the latecomer's fee should the "CITY" be unable to locate the "DEVELOPER" to tender any latecomer's fee that the "CITY" has received. The "DEVELOPER" shall be responsible for keeping the "CITY" informed of its correct mailing address. Should the "CITY" be unable to locate the "DEVELOPER" in order to deliver a latecomer's fee, the "CITY" shall undertake an independent investigation to determine the location of the "DEVELOPER". Should the "CITY, after a good faith attempt to locate the "DEVELOPER" be unable to do so, the latecomer's fee shall be placed in the Special Deposit Fund held by the "CITY" for two years. At any time within the two year period the ted "DEVELOPER" may receive the latecomer's fee, without interest, by applying to the "CITY" for that latecomer's fee. After the expiration of the two year period, all rights of the 10 "DEVELOPER" to that fee shall expire, and the "CITY" shall be deemed to be the owner of those funds. L7 10. When the "CITY" has received the funds for a latecomer's fee, it will forward that fee, less 15% for a processing fee, to the "DEVELOPER" within thirty (30) days of receipt of the funds. Funds received by negotiable instrument, such as a check, will be deemed received ten (10) days after delivery to the "CITY". Should the "CITY" fail to forward the latecomer's fee to the "DEVELOPER" through the "CITY'S" sole negligence, then the "CITY" shall pay the "DEVELOPER" interest on those monies at the rate of interest specified in City Code Section 3- 241 (B). However, should the "DEVELOPER" not keep the "CITY" informed of its current correct mailing address, or should the "DEVELOPER" otherwise be negligent and thus contribute to the failure of the "CITY" to pay over the latecomer's fee, then no interest shall accrue on late payment of the latecomer's fee. 11. By instituting the latecomer's agreement the "CITY" does not agree to assume any responsibility to enforce the latecomer's agreement. The assessment roll will be a matter of public record and will serve as a notice to the owners of the potential assessment should connection to the improvements be made. The "DEVELOPER" has responsibility to monitor those parties LATECOMER'S AGREEMENT- 4 12/94-671/TGB/bh • • connecting to the improvement. Should the "CITY" become aware of such a connection, it will use its best efforts to collect the latecomer's fee, but shall not incur any liability should it inadvertently fail to collect the latecomer's fee. • Dated this o8', ..day of Gvg,�LGGC. , 1995 CITY OF '4:NTON DEVELOPER By: 1 • �.ea..:.�_ By: A9740074- Mayor By: zi_AL By: f/ City Cler CITY OF RENTON DEVELOPER STATE OF WASHINGTON ) STATE OF WASHINGTON ) ) ss ) ss COUNTY OF KING ) COUNTY OF KING ) On this ge` - day of / /, 1995, before me Ont ' day personally appeared before me © personally appeared 6; me✓and G(�. Aftvaly» Pe e , to me known to le the (Grantor/s) to to and a4 des, - of the me known to be the individual(s) described in mu�al corporation thIt executed the within and and who executed the within and foregoing 1.0 C) foregoing instrument, and acknowledged said instrument, and acknowledged that - instrument to be the free and voluntary act and signed the same as 4.-4- --free and deed of said municipal corporation for the uses voluntary act and deed for the uses and purposes and purposes therein mentioned, and on oath therein mentioned. Given under my hand and stated that he/she was authorized to execute said official seal thiscgs day of4 ,(, , 19y5 instrument and that the seal affixed is the q7/1/ J- corporate seal of said municipal corporation. `� Signatffrefficer & Official Seal IN WITNESS WHEREOF, I have hereunto set my L D hand and affixed my official seal the day and year V y�-g IN/4 R. 41/ first above written. Notary Public in and for the tate of Washington, residing at Sign.ture & Title of Officer My appointment expires: %Sig/ 9 7 L/ .5/4 S—EH W 5 Notary Public in and for the State of Washington, • residing at Re'+ My appointment expires: /0—'11—q7 _ • LATECOMER'S AGREEMENT - 5 12194-671/TGB/bh • EXHIBIT A LEGAL DESCRIPTION OF SUMMIT PARK PARCEL "B": THE SOUTH 124 FEET OF THAT POR TION OF THE NOR TH HALF OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 23 NORTH, RANGE 5 EAST, WM., IN KING COUNTY, WASHINGTON, LING EAST OF THE EASTERLY MARGIN OF COUNTY ROAD NO. 80 (KENT-RENTON ROAD); ALSO THE NORTH 73 FEET OF THAT PORTION OF THE SOU THEAS T QUAR TER OF THE SOUTHEAST QUAR TER OF SEC 17ON 31, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY , WASHINGTON, LYING EAST OF THE EASTERLY MARGIN OF SAID COUNTY ROAD NO. 80. PARCEL "A": co) THE NORTH 241 FEET OF THE SOUTH 1267 FEET OF THE SOUTHEAST C) QUARTER OF THE SOUTHEAST QUARTER OF SEC770N 31, TOWNSHIP 23 CC C NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, 111 EXCEPT THE SOUTH 60 FEET OF THE WEST 550 FEET THEREOF; AND EXCEPT THAT PORTION LYING WI THIN THE JOHN LANGSTON COUNTY ROAD NO. 80. NOTE: BOUNDARIES HAVE BEEN DELINEATED BASED ON RECORD SUBDIVISION INFORMA TION CON TAINED IN R.0.S. VOL 33, PAGE 224, AND ARE SHOWN FOR REFERENCE. BOUNDARY POSI TIONS SHOWN ARE PRELIMINARY AND HAVE NOT BEEN FIELD VERIFIED B Y SURVEY EXHIBIT B Summit Park Latecomer Agreement Legal Description That portion of the southeast quarter of Section 31,Township 23 North, Range 5 East,W.M., in King County,Washington described as follows: Beginning at the northeast corner of said subdivision; Thence southerly along the east line of said subdivision, to an intersection with the south line of the north 5 acres of that portion of said southeast quarter lying easterly of Talbot Road South (Kent- Renton Road#80), and the True Point of Beginning.; Thence continuing southerly along the east line of said southeast quarter to an intersection with the south line of the north quarter of the south half of the north half of said southeast quarter; Thence westerly along said south line to an intersection with a line 375 feet westerly of and parallel with the east line of said southeast quarter; Thence southerly along said line, a distance of 165 feet, more or less, to an intersection with the north line of the south quarter of the northeast quarter of said southeast quarter; Thence easterly along said north line a distance of 30 feet,more or less,to an intersection with the east line of the west 940 feet of the south half of the south half of the north half of said southeast quarter lying easterly of said Talbot Road; Thence southerly along said east line to an intersection with the north line of the south 124 feet of the north half of said southeast quarter; Thence westerly along said north line and its westerly extension, crossing Talbot Road South, to an intersection with the west right-of-way margin of said road; Thence southerly along said margin to an intersection with the north right-of-way margin of South 55th Street; Thence westerly along said margin to the west line of said southeast quarter; Thence northerly along said west line to an intersection with the north line of the south half of the north half of the northwest quarter of said southeast quarter; Thence easterly along said north line, and its easterly extension, to an intersection with the east right- of-way margin of said Talbot Road; Thence northerly along said margin to an intersection with the south line of the north 5 acres of the east half of said southeast quarter lying easterly of said Talbot Road South; Thence easterly along said north line to the east line of said southeast quarter and the True Point of Beginning. 1 • EXHIBIT C NOTICE OF ADDITIONAL WATER FACILITY TAP OR CONNECTION CHARGES REQUIRED BY RCW 65.08.17 (3) RCW 35.92.025 MUNICIPALITY - CITY OF RENTON, WASHINGTON ADDITIONAL TAP OR CONNECTION CHARGE PER: Environmental Development Corporation Mr. Tom Ichelson Water Improvement Latecomer Agreement N PROJECT NO.: 27-0013 (X) RECIPIENT: Mr. Tom Ichelson 117 BRIEF PROJECT DESCRIPTION: Installation of 1256 lineal feet of 12 inch water 7) main leaving in place a low pressure existing main; installation of 2 fire hydrants; and all appurtenances pertaining to said water main. All parcels contained in the southeast quarter of Section 31, Township 23 North, Range 5 East, W.M., in King County, Washington. TOTAL ASSESSMENT COST: $84,283.60 TOTAL ASSESSMENT FOOTAGE: 3,216,530.27 square feet TOTAL COST PER SQUARE FOOT: $ 0.02620327 OWNERSHIP LEGAL DESCRIPTION ASSESSABLE ASSESSMENT SQUARE FEET PARCEL 1 K.C. TAX ACCT #312305-9149-04 344,559.60 $ 9,028.59 BURNSTEAD CONST. CO. LOT 2 OF RENTON SP No 399-79 1215 120TH Av NE 201 RECORDED IN AF #8005139001 BELLEVUE, WA 98005 PARCEL 2 K.C. TAX ACCT #312305-9022-06 73,616.40 $ 1,928.99 ALUN E. VICK LOT 1 RENTON SP No. 399-79 JUDY P.WRIGHT RECORDED IN AF #80051 39001 4827 TALBOT RD S RENTON,WA 98055 PARCEL 3 K.C. TAX ACCT #312305-9091-02 32,400.00 $ 848.98 ROBERT A.CLAYTON, BEG AT NXN OF C/L KENT-RENTON RD WITH TRST 650 ISLAND WAY N W OF N 1/2 OF S 1/2 OF N 1/2 OF SE #303 CLEARWATER, FL 1/4 TH W ALG SD N LN 300 FT TH S PLW 34630 SD C/L 120 FT THE E PLW SDN LN 300 FT M/L TO SD C/L TH N ALG SD C/L 120 FT TO BEG LESS CO RD PARCEL 4 K.C. TAX ACCT #312305-9053 345,866.40 $ 9,062.83 BURNSTEAD CONST.Co. N 1/2 OF S 1/2 OF NW 1/4 OF SE 1/4 1215 120TH Av NE LESS BEG NXN C/L KENT-RENTON RD WITH 201 BELLEVUE,WA N LN THOF TH W ALG SD N W 300 FT TH S 98005 PLW SD C/L TOS W SD SUBD TH E PLW SD N LN 300 FT M/L TO SD C/L TH N ALG SD CIL TO BEG EX S 30 FT OF N 150 FT THOF LESS (', CO RD PARCEL 5 K.C. TAX ACCT #312305-9122-05 49,658.40 $ 1,301.21 ARTHUR A. PETERSON PTN N 1/2 OF S 1/2 OF N 1/2 OF SE 1/4 4915 TALBOT RD S BEG NXN OF N W SD SUBD WITH C/L CO RD RENTON,WA 98055 #80 TH W ALG N W THOF 300 FT TH S PLT SD C/L 150 FT TO TPOB TH CONTG S TO S LN SD SUBD TH E ALG SD S LN TO W MGN SD RD TH N ALG SD MGN TAP E OF TPOB TH W PLT N LN SD SUBD TO TPOB PARCEL 6 K.C. TAX ACCT #312305-9037-09 427,323.60 $ 11,197.27 BURNSTEAD CONST.CO. S 1/4 OF NW 1/4 OF SE 1/4 LY W OF CO 1215 120TH Av NE 201 RD#80 BELLEVUE,WA 98005 PARCEL 7 K.C. TAX ACCT #312305-9023-05 399,442.87 $ 10,466.71 HARBOR INVESTMENTS THE SW 1/4 OF THE SE 1/4 LESS Co. RD. PO Box 3825 FEDERAL WAY,WA 98063 PARCEL 8 K.C. TAX ACCT #312305-9048-06 448,120.00 $ 11,742.21 LILA M.CAMPEN PORTION OF N 1/2 OF N 1/2 OF SE 1/4 LY 4908 TALBOT RD S E OF KENT-RENTON RD LESS N 5 ACRES RENTON,WA 98055 PARCEL 9 K.C. TAX ACCT #312305-9087-08 200,811.60 $ 5,261.91 LILA M. CAMPEN PORTION OF N 1/4 OF S 1/2 OF N 1/2 OF 4908 TALBOT RD S SE 1/4 LY E OF CO RD #80 LESS W 105 RENTON,WA 98055 FT OF POR LY N OF S 30 FT THOF PARCEL 10 K.C. TAX ACCT #312305-9038-08 14,175.00 $ 371.43 LILA M. CAMPEN W 105 FT OF N 1/2 LESS S 30 FT THOF 4908 TALBOT RD S OF POR OF N 1/2 OF S 1/2 N 1/2 OF SE 1/4 RENTON,WA 98055 LY E OF CO RD #80 1 PARCEL 11 K.C. TAX ACCT #312305-9035-01 118,483.20 S 3,104.65 G.WARREN DIAMOND N 165 FT OF S 495 FT OF N 1/2 OF SE 1/4 4914 TALBOT RD S LY E OF CO RD #80 LESS S 135 FT OF W RENTON,WA 98055 250 FT LESS E 375 FT PARCEL 12 K.C. TAX ACCT #312305-9088-07 33,750.00 S 884.36 G.WARREN DIAMOND W 250 FT OF S 135 FT OF POR OF N 1/2 OF 4914 TALBOT RDS NE 1/4 OF SE Q/4 LYE OF CO RD #80 RENTON,WA 98055 PARCEL 13 K.C. TAX ACCT #312305-9095-08 197,326.80 S 5,170.61 ERVIN E.YODER W 1040 FT OF FOLLG- POR OF S 1/4 OF N 1501 S. EAGLERIDGE DR 1/2H OF SE 1/4 LY ELY OF CO RD No 80 RENTON,WA.98055 KNOWN AS KENT-RENTON RD LESS S 124 FT LESS E 100 FT THOF PER KC SHORT PLAT APPUCATION NO 873047 APPROVED SEPTEMBER 14, 1977 TOTAL ASSESSMENT (PARCELS 1 - 13; SUMMIT PARK AT 530,996.40 SQUARE FEET WILL HAVE $ 70,369.76 PAID $13,913.84 IN THE TOTAL COST TO DEVELOP THIS SYSTEM 1 LESS 15% HANDLING FEE $ 10,555.46 TOTAL COST RECOVERY DUE DEVELOPER $ 59,714.30 H:\Division.s\P&TS\Technica.ser\Propsery\assrll.doc r ' 94-001 Summit Park Water Latecomers S 43 St 0 -- ( 6c• c co ' , Oo . al S 45 .1,1, 1":500' �J, ( I z.... ,c, „.., N v I a ill47. r or /ZAN moor L_Li r , . c., c:=) _ / ........., . .. __„3, ,„ 5 C, . I S 55th St •••=01.••••=•••• N /,/ 1 Section 31, Township 23N, Range 5E V ('-\° il �Y / Latecomer Charge Area v~ O� + Technical Services • ♦ Summit Park Plat Planning/Building/Public Works - — — "` R. MacOnie, D. Visneski - Latecomers Boundary I •t• 27 February 1995 — New 12" Watermain ----- Renton City Limits