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HomeMy WebLinkAboutLA 9208060612I LA-U-002 Assessment District 92-03 CV Project Number W-2018 y.- LATECOMERS AGREEMENT L` 1 THIS AGREEMENT made and entered into this ..44,4(--,-day of_‘12",1-12:t , 19 3- by and between the CITY OF RENTON,hereinafter referred to as"CITY,"and Thomas W. and Laura Little 320 Maple Ave NW, Renton, WA 98055 hereinafter referred to as ; m. "DEVELOPER"; m [-1 CO 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 1,: hereinbelow 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 CV ,.D WHEREAS, no other property owners or users are presently available to share in the Qcost and expense of construction of such improvements, and the parties hereto C,Q having in mind the provisions and terms of the "Municipal Water and Sewer Facilities N Act" (RCW 35.91,020 et seq) and street latecomers' legislation (RCW 35.72.010 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; See Exhibit"A" and the'DEVELOPER"hereby agrees and covenants to cause to have installed the following described improvements, to-wit: Installation of 200 L.F. of 8" DI, CL 52 watermain, one fire hydrant and all appurtenances in Maple Av.NW., south of vacated NW 3rd Place, per Water Plan W-2018. LATECOMER'S AGREEMENT- 1 92 43O/AMH/bh • • 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 $12,431.22. See Exhibit"$"attached hereto for the legal description of the lands affected by this latecomer agreement, and see Exhibit"C" attached hereto for the map showing in outline the land affected by such additional 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 C � subsequently wishes to tap into or hookup to or use said facilities, which tap or CO 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 on of the following: X a- front foot method b. zone front foot method c. square footage method d. contract method e. trip generation(traffic)method(if applicable) f. other equitable method g. any combination of methods a through f. (check the applicable method of assessment with an"x") The pro rata cost is$31.07975 per front lineal foot. LATECOMER'S AGREEMENT-2 92-430/AMH/bh • • • • 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 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 (NJ which this agreement is granted. .43 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 COimprovement and to allow service connections to be made to said extensions or tT 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 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, 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, ct'on and all connections or related accessories located in the facility or or connection, 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 LATECOMER'S AGREEMENT- 3 92-430/AMHJbh • wit:Ten (10)years from that upon expiration of the terms of this Agreement; to date hereof, plus extension 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 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. t 8. This Agreement shall be placed for record with the King County Auditor's Office within thirty C30)days of final execution of the agreement. Q 9. Before the"CITY"will collect any latecomer's fee, the "DEVELOPER" will transfer C\1 tT title to all of the Improvements under the latecomer's agreement to the "CITY." 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 "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 92-430/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. When authorized by the City Council, a latecomer's agreement can be extended for a period of up to five years. The extension will be granted upon written 0.1 request for such extension made by the "DEVELOPER" prior to the expiration of the agreement. The latecomer's agreement will expire at the end of the ten year CD period of item or, if extended, at the end of the extended period of time, but in CO no event shall the latecomers agreement be of more than 15 years in duration. a • ('4 • (T 12. 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 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. LATECOMER'S AGREEMENT S 97.430/Mill/bh Dated this day of, at U i if9+)' . iiiir • 0 CITY *F ' ' ON DEVELOPER I ' �.. Ili /ll..jr s` By: a► _► By: V ayo / / �l� / By: dr AO,!,..1..,e, ..‘091 '#/ ' By: Alli, Ai _fvAO II City C � _ CITY OF REI TON DEVELOPER STATE OF WASHINGTON ) STATE OF WASHINGTON ) ) ss ) ss COUNTY OP KING ) COUNTY OF KING ) On this_21.1_.--4 day of A 46-st, 192, On this day personally appeared before before me personally appeared me-oh,mos t-fT 4-N P Irl CAA,„.. and 1na,:i....$+-ats to - Acil eti L Lrak- me known to be the l>7�•yor and (Grantor/s)to me known to be the CV C+1 Oar -of the municipal individual(s)described in and who 0 corporation that executed the within executed the within and foregoing and foregoing instrument,and instrument, and acknowledged that acknowledged said instrument to be the 7l�EY -signed the same as 7 !iC - CD free and voluntary act and deed of said free and voluntary act and deed for the Cal municipal corporation for the uses and uses and purposes therein mentioned. Cr", purposes therein mentioned,and on Given under my hand and official seal oath stated that he/she was authorized this 2 day of JL10 , 19_92- to execute said instrument and that the seal affixed is the corporate seal of said Signature of Officer :iii fficial Seal municipal corporation. ',.. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal Notary Publi tifltd for th State of the day and year first above written. Washington, residing at 1 My appointment expires:l t --1- %,s- Si: �ure&Title of Officer jL 1/ a q/` 01.44.A.4...No I. I 1,611c in and for tate of Washington, residing at My appointment expires: R /x9/9s` LATECOMER'S AGREEMENT-6 92-43o/AMEU/bh ... : 5s: iii .. .... • EX1IXBIT"A" Little Latecomer Agreement W-207.8,Assessment District 92-03 DEVELOPER'S PROPERTY Name/Address Legal Description Laura&Thomas W. Little KING COUNTY TAX ACCT#420440-0206 320 Maple AV NW Tract 46, N.I . Latitner's Lake WN Plat,as recorded in Renton, WA 98055 Vol 06 of Plats, page 70, Records of King County WA, together with portion of vacated street adjacent, less north 45 ft and less east 140 ft. Developer's pro-rata share of improvement cost under terms of this latecomer agreement for above described parcels is: $31.07975'x 131 ft. ft. = $4,071.45 C7 .a CD co 0 f • LATECOMER'S AGREEMENT-7 92-429.DOC/ANH/bh EXHIBIT"B5 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 Watermain Improvement Latecomer ADDITIONAL TAP OR Little, rove p CONNECTION CHARGE PER: Agreement/Assessment District No.92-03 PROJECT NO: W•2018 RECIPIENT: Thomas W. and Laura Little BRIEF PROJECT DESCRIPTION: Completed Installation of 200 L.F. of 8" DI, CL52 Watermain, one fire hydrant and all appurtenances in Maple Ave N.W., South of Vacated NW 3rd Place TOTAL ASSESSMENT COST: Final Cost Watermain Improvements $12,431.90 <NJ METHOD OF ASSESSMENT: Front lineal foot aASSESSABLE FRONT FOOTAGE TOTAL COST(divided by) $140031per-$31.07975 Total Cost fr. ft. ....0 CD If there is any question regarding the paid or unpaid status of the following O assessments,please call the City of Renton,Property Management at 235-2631. Ownership Legal Description Front Assessment or Additional Footage . Charge PARCEL NO, 1 KING COUNTY TAX ACCT 11420440.0200 Frank Bennett P Tract 45, N.H. Latiatcr's Lake WN Plat, as recorded in 200' $6,215.95 522 SW Langston Rd Vol 6 of Plats page 70.records of King Co.Washington Renton.WA 98055 and portion of Vacated Streets adjacent PARCEL NO.2 KING COUNTY TAX ACCT$420440-0201 Coffin,Joanne M . N.45 ft and S 1/2 vacated street adjacent Tract 46,N.H. 69' $2,144.50 321 Taylor Ave NW latimer's Lake WN Plat, as recorded in Vol 6 of Plats Renton,WA 98055 page 70,records of King Co.Washington r Developer's Parcel See Exhibit"A" 131' <$4,071.45>' TOTAL ASSESSABLE FRONT FOOTAGE I 400' SUBTOTAL ASSESSMENT COST OF RECOVERY $8,360.45 LESS 15%PROCESSING FEE DUE CITY OF RENTON $-1,254.06 $200.00 CREDIT FOR DEPOSIT $+200.00 TOTAL POTENTIAL LATECOMER FEE DUE DEVELOPER $7,306.39 i *This sum Is developees pro-rata share of cost of waterline,which has been pre-paid and is not assessable under the terms of'this latecomer agreement. LATECOMER'S AGREEMENT-8 92.429.DOC/AMH/bh A . , • . • • • • •? • . • . 7C • • • • EXHIBIT "C" LITTLE LATECOMER AGREEMENT MAP WATERLINE IMPROVEMENTS IN MAPLE AV NW, SOUTH OF NW 3RD PL - -.1,813731'.3•-• : ',f,' , ..! . ,-.0 .. .,.,...., 0 8074.-- - ---A- ------ - . ..0 ....., Y 44....t , r..42. i 1'R•J, " - 1 0 4 TH ., , 4. ,t -4roa 0,0, ' or r31° II, 00.0 4 41 I I t/ °'° Iti.......,1,„4.- ;,. i ;-j2•_ ;Ili • • V ç 1- 031-1 :I I(1.11 , S I. . Alifi-') ri ?ct/_1/ ---!.te%" k-:' ir 11 1 .101 kc) ... .. • , . 4 0 CA.0\ ---- .1' • /00 • N il ,04.,.. 011 ,.): • \ :5s\)5 4 2 0 n''1711- VP 1•Ci re _ . * .,,, 2 Anth -' —1. s • -- , Irl. E . _ ,,s0 itx. 0 a•-.... -. is'.- • / . _ 2; 044 ; V 0,' i, ".1 E , a, 1r1, ,.„4 f.2'7 I ./?.‘j9.,,l. th'. ,ir. -Ir A•"r3C.0 • ; s _ 00 t• t-1 I.'\ ''' -- \ .-- ' & _ ,•• • . • 1.„i . ‘• • ---,4.— •. , . —or. • ovY., .... c, 0140 . •0 :2 ...I 2 2 7 0FIS ..,, ,,, , . '''' . ,1.:".. 4.,.J ,‘,..441....-'1, ;. iii 'FCL 2 I PGI. 7 ..- ' -,.;r:41°"1--- ' cool' ' ' . 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I Jr tiatri6_1_03_ .,i.. .... 1.0 16‘;4• ,A lit071f1j 1, 43_1,4-•.....tr.,4. 1f.°` ,: l.-;1 2,.. .---42 I _ I'f'.-11-- --—- ,2, . • co ' ^i ''' 'g itt 3 1;52.4--—,..1-- 0"5 . ---0-.) (44° ...4191, -1°6!..: 4.9.;!.. ...." "--7,1.10- NORTH o 1 .1.tp de Z N.W. 2 N 0 I P L AC E. c • k• ,• x., ;q . _ ....._ ..._ ._ ._ .... ........_.. __ I, ,3 Y '.11.7`.1.9 1 ' 2,t 11 sr S7', /9 - . • ar w 2 0 ieir, 2 0 0 cC95. -Z0. . Z. ...0 1.0 > -a- • I • , PORTION NW% 18-23-5 '• — '''; a - ti's* _,... •r• ..., I.,•• ..A.' .....,. ....... LATECOMER BOUNDARY NEW 8" WATER LINE DEVELOPERS PROPERTY ———— EXISTING WATER LINE LATECOMER'S AGREEMENT-9 92_430/Amwbh ...,... 'IMF:: - • '..`:,. . - • . . I • : . . . • ".•: j,- '..; :-..-- .,-. •.42.- 094*,•**, 'T AL .„ , • '1 f ,y 5•11 4,:et.4 VI: 1 1 ''.%415,11'.2,..- i °,At- ,,,f,9•-, zs. %;,•: , e..t - .* t '-'r,c14 .=, •, ' er .,, ' ri'-, : • - • •,- . 1,-• . - 1. 1.2.,4# ,i,i i it. , -4 ,,..15„....k.t..• c•4:41.3,.. _ "7 0 -Co- ,i.,... P 11--.!...,"la '44-'00 - • 1 "' 4,c •' -..-,-' •?.., STATE OF WASHING AI,Efo's, ,a ,, 1101 County of King The Director of Records kgrealblo, King County, State of Washington and exofficio RecOrslef of Deeds and other Instruments, do hereby certify-the foregoing copy has been compared with the original instrument as the same appears on file and of record in the office, and that the same Is a true and perfect transcript of said original and of the whole thereof. Witness (rpy h: . ,. d official seal this ----day OC f - .• of 19 IX ector o : :cords . El-, r' s B -.IF011P " ' r---",. / 7 Deputy