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HomeMy WebLinkAboutLA 9308240952 WHEN RECORDED RETURN TO: Office of the city clerk i Renton Municipal Building LA-92-004 200 Mill Avenue South Renton,WA 98055 d Assessment District#92-10 Project Number S-2038, LATECOMERS AGREEMENT THIS AGREEMENT made and entered into this /d'tZ�t.day of1993,Va12. by and between the CITY OF RENTON, hereinafter referred to as "CITY," and Lakeridge Development, Inc. PO Box 146 Renton, WA 98057 hereinafter referred to as "DEVELOPER"; WHEREAS, the 'DEVELOPER" is desirous of installing certain water systems, sanitary sewer systems, storm water drainage systems, and/or street improvements including signalization and lighting, and appurtenances thereto at, near, or within the hereinbelow described property and to connect same to the "CITY'S" utility or road Nsystem(s) so that such improvements will constitute an integral part thereof; and 0) 0 WHEREAS, no other property owners or users are presently available to share in the Cr N cost and expense of construction of such improvements, and the parties hereto 0 having in mind the provisions and terms of the "Municipal Water and Sewer Facilities Act" (RCW 35.91.020 et seq) and street latecomers' legislation (RCW 35.72.010 et 08) 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: A 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 sanitary sewer plan S-2038: Installation of 1224 if±of 8" offsite sanitary sewer line. From MH 5 to MH 9 is eligible for full cost recovery, rY, From MH 9 to MH 12 is eligible for 50% cost recovery. LATECOMER'S AGREEMENT- 1 93-263/AMH/BH L_ • 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 hereinabove specified is $71,608.16 off-site sewer main plus 6,339.43 side sewers = $77,947.59. See Exhibit "B" attached hereto for the legal description of the lands affected by this latecomer agreement, and 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 additional charges per the terms o f this agreement. 11) 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 Cin subsequently wishes to tap into or hookup to 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" and the provisions of this Agreement. The method of determining latecomer payments shall be by unit.: The pro rata cost per unit is $5.508.32. 3. It is hereby found and determined that the construction and installation of said aforedescribed improvement is in the public interest. LATECOMER'S AGREEMENT- 2 93-263/AMH/BH • . .: 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 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 "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 Cr) 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, Cr) 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, or for street, signalization, and lighting improvements, 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 thirty(30) days after receipt thereof, less a 15% processing fee. 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 connections 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 extension if granted by City Council, "CITY" shall be LATECOMER'S AGREEMENT- 3 93-263/AMH/BH • .' .y under no further obligation to collect or make any further sums unto the "DEVELOPER." The decision of the Director of Public Works or his authorized representative in determining or computing the amount due from any benefited owner who wishes to hookup 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/transportation 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 or transportation systems. 8. This Agreement shall be placed for record with the King County Auditor's Office Q? within thirty(30) days of final execution of the agreement. 9. Before the "CITY" will collect any latecomer's fee, the "DEVELOPER" will transfer title to all of the improvements under the latecomer's agreement to the "CITY." e7 the "DEVELOPER" will also assign to the "CITY" the benefit and right to the Cr) 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 "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 "DEVELOPER" to that fee shall expire, and the "CITY" shall be deemed to be the owner of those funds. LATECOMER'S AGREEMENT-4 93-263/AMH/BH 10. When the "CITY" has received the funds for a latecomer's fee, it will forward that 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. The latecomer's agreement will expire at the end of the 15 (fifteen) year period with no option to extend the agreement beyond that period of time. 12. By instituting the latecomer's agreement the "CITY" does not agree to assume any 11) responsibility to enforce the latecomer's agreement. The assessment roll will be 0 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 connecting to the improvement. Should the "CITY" become aware of such a connection, it will use its best efforts 01) to collect the latecomer's fee, but shall not incur any liability should it inadvertently fail to collect the latecomer's fee. LATECOMER'S AGREEMENT- 5 93-263/AMH/BH • 3, Dated this 4A. day of allida06, , 19 CITY OF RENTON DEVEL• ‘ \ By: 14 WQ, n By: i A • Mayor 12 ^ L .. z4C - i�o p .•,% ,% WA? �t/fArya" I v s (1 By: e u- Al e By: City CI!kII CITY OF RENTON DEVELOPER STATE OF WASHINGTON ) STATE OF WASHINGTON ) ) ss ) ss COUNTY OF KING ) COUNTY OF KING ) On this i oc day of Alta 19q., On this day personally appeared before before me personally appeared me earl CI gm.er and Ma(I 'n7et40ento ./I/ - _. I., a 11-f.: me known to be the M c y o(' and (Grantor/s) to m- known to be the N C.-+ty Cl e r K -of the municipal individual(s) described in and who corporation that executed the within executed the within and foregoing o and foregoing instrument, and instrument, and acknowledged that It acknowledged said instrument to be the he - signed the same ash► - N free and voluntary act and deed of said free and voluntary act and deed for the GO municipal corporation for the uses and uses and purposes therein mentioned. O purposes therein mentioned, and on Given under my and and official seal CI oath stated that he/she was authorized thisday of 1953 -+�L to execute said instrument and that the EN H A/��` seal affixed is the corporate seal of said �P SSI OIV ,,SOC municipal corporation. Si:■ature r�f Off cer& Official Seal C�� FSA . 1 IN WITNESS WHEREOF, I have hereunto 1 ' i 101 A ode..„ �'� NOTARY �c``n '; set my hand and affixed my official seal Notary Public in and for e Stat- a% �c; PUBLIC the day and year first above written. Washington, residing at r _ a1 .y '6 1��n3 , , '�; .:; =\ 12 OI My appointment expires: 10` - ��F -_---' G� Signature &Title of Officer .\OF WASE N��" 2 a,d,,is,0,3 Notary Ptlic irl and for the State of Washington, residing at My appointment expires: i -1Ci IL, LATECOMER'S AGREEMENT-6 93-263/AMH/BH EXHIBIT "A" Lots 1 through 13, inclusive, Plat of Riverridge as recorded in Volume 163 of Plats, pages 99-101, records of King County Washington. King County Recording number 9303161743 Section 17, Twp 23 N., Rng 5E., W.M. (2) a, O O CI 0) LATECOMER'S AGREEMENT-7 93-263/AMH/BH EXHIBIT"B" Legal Description of Lakeridge Development, Inc. Latecomer Recovery area. Lots 7 through 16, Block 1, Morgan's Grand View Addition to Renton as recorded in Volume 18 of Plats, page 74, records of King County Washington; Also, Lots 38, 39 and 40, Plat of Renton Co-op Coal Company's Acre Tracts #1 as recorded in Volume 9 of Plats, page 29, records of King County Washington; Section 17, Twp 23 N., Rng 5 E., W.M. (3) Cit L a. CID 0 cl, Cr) LATECOMER'S AGREEMENT-8 93-263/AMH/BH • • EXHIBIT"C" NOTICE OF ADDITIONAL WATER OR SEWER FACILITY TAP OR CONNECTION CHARGES REQUIRED BY RCW 65.08.17 (3) (RCW 35.92.025) MUNICIPALITY-CITY OF RENTON, WASHINGTON FINAL ASSESSMENT ROLL ADDITIONAL TAP OR Lakeridge Development Inc. Offsite Sanitary Sewer CONNECTION CHARGE PER: Improvements Latecomer Agreement/ Assessment District No. 9210 PROJECT NO. S-2038(PP-019-90) FP 92-179 ASSESSMENT DISTRICT # 9210 RECIPIENT: Lakeridge Development, Inc. BRIEF PROJECT DESCRIPTION: Installation of 8" Offsite Sanitary Sewer line 0 from MH 5 to MH 9 is eligible for full cost recovery, t7' from MH 9 to MH 12 is eligible for 50% cost recovery, C per Sanitary Sewer Plans S-2038. C) TOTAL ASSESSMENT COST: $71,608.19 plus cost of side sewers C) METHOD OF ASSESSMENT: Cost per unit TOTAL COST(divided by) $71,608.91 NUMBER OF UNITS: 13 units = $5,508.32/unit If there is any question regarding the paid or unpaid status of the following assessments, please call the City of Renton, Property Services at 235-2631. Ownership Legal Description Unit Cost Sidesewer Assessment or Cost Additional Charge PARCEL NO. 1 KING COUNTY TAX ACCT#564050-0035 $5508.32 $503.13 $6,011.45 Reiman Dana B&Alana G 1410 Beacon Way South LOTS 7,8 AND PTN 9 BLOCK 1 Renton WA 98055 MORGANS GRAND VIEW ADD TO RENTON POR OF LOTS 7 8&9 OF BLK 1 TGW POR HENRY H TOBINS DONATION CLAIM NO 37- BEG THE INITIAL PT OF MORGANS GRAND VIEW ADD&THE NW COR OF HIGH ST TH S 88-31-01 E 40 FT ALG N LN OF HIGH ST TH N 48-03-02 W 86.72 FT TO TPOB TH S 56-42-29 W 124.37 FT TH S 55-05-47 W 110.02 FT TAP ON NELY MGN OF BEACON WAY S BLVD&THE CENTER WCH BEARS N 56-1827 ETH NLY ALG SD CURVE TO RGT RAD OF 1857.08 FT A CENTRAL ANGLE OF 0-24-02&AN ARC LENGTH OF 12.96 FT TH CONTINUING ALG SD MGN N 33-17-31 W 90.42 FT TH 56-42-29 E 208.02 FT TH S 48-03-02 E 105.54 FT TO TPOB AKA LOT 3 OF CITY OF RENTON LOT LN ADJ NO 008-86 RECORDING NO 8806299001 LATECOMER'S AGREEMENT-9 93-263/AMH/BH PARCEL NO.2 KING COUNTY TAX ACCT#564050-0040 $5,508.32 $201.25 $5,709.57 Morse Clint&Shelly 525 High Ave.South PTN LOTS 9-10-11&BLOCK 1 Renton,WA 98055 MORGANS GRAND VIEW ADD TO RENTON POR OF LOTS 9 10&11 BLK 1 BEG THE INITIAL PT OF MORGANS GRAND VIEW ADD&THE NW COR OF HIGH ST THENCE S 01-29-59 W 48.61 FT ALG W LN OF HIGH ST TH S 56-42-29 W 85.63 FT&TPOB TH S 56-42-29 W 106.77 FT TAP ON NELY MGN OF BEACON WAY SOUTH BLVD SD PT BEING ON A CURVE THE CENTER BEARING N 53-13-13 E TH NWLY ALG SD CURVE TO RGT RAD OF 1857.08 FT C/A OF 03-05-14 ARC LENGTH OF 100.06 FT TH N 55-05-47 E 110.02 FT TI-I S 33-17-31 E 100 FT TO TPOB AKA LOT 1 OF CITY OF RENTON LOT LINE ADJ NO 008-86 RECORDING NO 8806299001 PARCEL NO.3 KING COUNTY TAX ACCT#564050-0045 $5,508.32 $201.25 $5,709.57 Morse Clint&Shelly 525 High Ave.South PTN LOTS 9-10-11 &BLOCK 1 Renton,WA 98055 MORGANS GRAND VIEW ADD TO RENTON POR OF LOTS 9 10& 11 OF BLK 1 TGW POR HENRY H TOBINS DONATION CLAIM NO 37-BEG THE INITIAL PT OF MORGANS GRAND VIEW ADD&THE NW COR OF HIGH ST TH S 01-29-59 W 48.61 FT ALG W LN OF HIGH ST TH S 56-42-29 W 85.63 FT TH N 33-17-31 W 100 FT TH N 56-42-29 E 124.37 FT TH S 48-03-02 E 86.72 FT TH N 88-31-01 W 40 FT ALG N LN OF HIGH ST TO TPOB-AKA LOT 2 OF CITY OF RENTON LOT LN ADJ NO 008-86 RECORDING NO 8806299001 PARCEL NO.4 KING COUNTY TAX ACCT#564050-0060 $5,508.32 $201.25 $5,709.57 cCugini Cathy Jo Lots 12 thru 16 Block 1 575 High Ave S MORGANS GRAND VIEW ADD TO RENTON N Renton WA 98055 © PARCEL NO.5 KING COUNTY TAX ACCT#722140-0475 "$5,508.32 -0- $5,508.32 $5,508.32 $905.63 $6,413.95 Cn Ruud Charles A LOT 38 RENTON CO-OP COAL COS AC TRS 520 High Ave S #1;LESS E 85 FT Renton WA 98055 PARCEL NO.6 KING COUNTY TAX ACCT#722140-0476 $5,508.32 $805.01 $6,313.33 Edsforth John F&Sheila LOT 38 RENTON CO-OP COAL COS AC TRS 524 High Ave South #1;E 85 FT Renton WA 98055 PARCEL NO.7 KING COUNTY TAX ACCT#722140-0480 "$5,508.32 $469.59 $5,977.91 $5,508.32 $469.59 $5,977.91 Ruud Charles A LOT 39 RENTON CO-OP COAL COS AC $5,508.32 $469.59 $5,977.91 520 High Ave S TRS#1 Renton WA 98055 PARCEL NO.8 KING COUNTY TAX ACCT#722140-0485 $5,508.32 $704.38 $6,212.70 Holt,Jack&Mary LOT 40 RENTON CO-OP COAL COS AC TRS 1517 S 6th St #1;W 120 FT LESS N 40 FT FOR ST,LESS Renton WA 98055 R/W LATECOMER'S AGREEMENT- 10 93-263/AMH/BH • PARCEL NO.9 KING COUNTY TAX ACCT#722140-0486 $5,508.32 $704.38 $6,212.70 Holt,Jack LOT 40 RENTON CO-OP COAL COS AC TRS 1517 S 6th St #1;E 80 FT OF W 200 IT,LESS N 40 FT Renton WA 98055 PARCEL NO.10 KING COUNTY TAX ACCT#722140-0487 $5,508.32 $704.38 $6,212.70 Lewis Elizabeth F LOT 40 RENTON CO-OP COAL COS AC TRS 1525 S 6th St #1;LESS W 200 FT LESS,N 40 FT FOR ST Renton WA 98055 TOTAL ASSESSMENT COST OF RECOVERY $71,608.16 $6,339.43 $77,947.59 LESS 15%PROCESSING FEE DUE CITY OF RENTON -11,692.14 $1,000.00 CREDIT FOR DEPOSIT +1,000.00 TOTAL POTENTIAL LATECOMER FEE DUE DEVELOPER $67,255.45 *Calculation based on ability of lot to further subdivide into two lots. Initial connection will trigger $6,413.95 fee. **Calculation based on ability of lot to further subdivide into three lots. Sidesewer charge per potential lot is an average of total length of sidesewer installed. 93-263.DOC/AMH/bh GO LATECOMER'S AGREEMENT- 11 93-263/AMH/BH • r ' ., • . EXHIBIT "D" , LAKERIDGE DEVELOPMENT, INC. .Ach. A - o LATECOMER AGREEMENT MAP ;,N:"., . ....'"059.5 I° - OFFSITE SANITARY SEWER IMPROVEMENTS .::`� __ IN VICINITY HIGH AVE. SOUTH AND SOUTH 6th ST. `..� TO SERVE PLAT OF RIVERRIDGE N _'-.. .•5 O94 o 7 . G Poe ' Z �` to - ' 559 '' .� 0 c, ,,0,e -C 2 , ) S h N 4 l N V „ F• 2 , . ` P' I mA Loo.L. ti ,ate B I f_ . .0cc• S1, \ ° .• o• if L - • •` .:x`733 ,P° v4 J ( V .1,910 vJ A.' ` �J 1 � 30.7-1 Jis. 3>e `=a .2 _\L j0s8 :,. o•Pv d o i T 3 i�''+'. - Rc r = /"�" P O. PTN. SW 1/4 17-23-5 s'o.c u11.T /1 n1'*s.e 2. . -- :W'_- G • -1.- Parcel 1 I *n . 1 . 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LATECOMER BOUNDARY • • NEW 8" OFFSITE SANITARY SEWER LINE Eligible for Full Cost Recovery — — — — EXISTING SEWER LINE sif / / / 0 NEW 8" OFFSITE SANITARY SEWER LINE Eligible for 50%Cost Recovery W1;:;::::::::::::::::::0 NEW 8" OFFSITE SANITARY SEWER LINE LATECOMER'S AGREEMENT- 12 Not Eligible for Cost Recovery 93-263/AMH/BH