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HomeMy WebLinkAboutLA 9201090728 • FILED FOR RECORD AT REQUEST UE OFFICE OF THE. CITY CLERK RENTON MUNICIPAL BLDG. 200 MILL AVE. SO. RENTON, WA 98055 Assessment District 91-06 Project Number S-536 LATECOMERS AGREEMENT THIS AGREEMENT made and entered into this /741.., day of Ai/ I' , by and between the CITY OF RENTON, hereinafter referred to as "CITY," and Emmett H. Kindle 41924 - 236th Ave. S.E. Enumclaw, WA 98022 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 system(s) so that such improvements will constitute an integral part thereof; and CSC C\-.! QWHEREAS, no other property owners or users are presently available to share in the Gcost 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) and street latecomers' legislation (RCW 35.72.010 et CT 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 cp the following described property, to wit; A ce See Exhibit "A" s and the "DEVELOPER" hereby agrees and covenants to cause to have installed the following described improvements, to-wit: Installation of 263 L.F. of 8" PVC. sanitary sewer pipe and two(2)manholes. Alira m crt M1 LATECOMER'S AGREEMENT- 1 tp/91-10803 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 $13,819.45. 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 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 CC Com1 estate who did not contribute to the original cost of such improvement, and who Q7 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 O subject to the laws and ordinances of the "CITY" and the provisions of this CV Q% Agreement. The method of determining latecomer payments shall be on of the following: a. front foot method b. zone front foot method c. square footage method d. contract method e. trip generation(traffic)method(if applicable) X f. other equitable method: Cost divided equally between 4 parcels. g. any combination of methods a through f. (check the applicable method of assessment with an"x") The pro rata cost per each parcel is $3,454.86. LATECOMER'S AGREEMENT-2 tp/91-10803 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 CC nl which this agreement is granted. ti 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 C\./ improvement and to allow service connections to be made to said extensions or C:7; 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, 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 LATECOMER'S AGREEMENT-3 tp/91-10803 that upon expiration of the terms of this Agreement; to with: ten (10)years from 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. CC C\I U8. This Agreement shall be placed for record with the King County Auditor's Office within thirty(30)days of final execution of the agreement. O 9. Before the "CITY" will collect any latecomer's fee, the "DEVELOPER" will transfer C' 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 tp/91-10803 • 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 Q✓ for a period of up to five years. The extension will be granted upon written tirequest 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 O no event shall the latecomers agreement be of more than 15 years in duration. 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- 5 tp/91-10803 Dated this /7itk day of e / ,.'T• CITY O' 4 NTON DEVELO' ' / 41 ayor By: // iA..., ii...ir_rdrif 1 a.— AI ' City cliff. CITY OF RENTON DEVELOPER STATE OF WASHINGTON ) STATE OF WASHINGTON ) ) ss ) ss COUNTY OF KING ) COUNTY OF KING ) On this /'ft(day of bec-emLec 199r, On this day personally appeared before before me personally appeared me VOIM5T'ir K 1 h101-C A-0 0 CC C\i EQr( C1/411,-.142r and Pr;(Yh Pe -et'serr,.to 0010Pi' KINQI.6 Ome known to be the Mayor and (Grantor/s)to me known to be the c:1-11Ci ee k -of the municipal individual(s) described in and who 0 corporation that executed the within executed the within and foregoing Oand foregoing instrument, and instrument, and acknowledged that CV acknowledged said instrument to be the "Mc-kJ -signed the same as -7µE2- free and voluntary act and deed of said free and voluntary act and Bend for&I-tie, 111 I municipal corporation for the uses and uses and purposes therein,ilenttoned.Lq� lh purposes therein mentioned, and on Given under my hand and offcial;seal;r A111 14 oath stated that he/she was authorized this 11 w day of D M ,19-``t'I t",...— '�°+, � �tg0 to execute said instrument and that the $' r seal affixed is the corporate seal of said ,...„ '�'``r--� 5 .„. ... ....,, y_ ''d , f'i'r r'- a •,- n Of municipal corporation. Si ature of Officer&9ffcial Seal -'L k, 0 IN WITNESS WHEREOF, I have hereunto kite . 1/A.CAI : i_ r..^� 1�? `-)...-rs•-•", ;moo set my hand and affixed my official seal N. a 1 Public in and for thg0. tatei.fAs�<;,;..°� .' the day and year first above written. Wits gron, residi 7g at 1. _ # 1 My appointment expires: 5-1`7--r'[c Signature&Title of Officer . No : . i' blic in and for a State of . • Washington, residing at --en . _ . My appointment expires: ti-09-9's LATECOMER'S AGREEMENT-6 tp/91-10803 • EXHIBIT"A" Kindle Latecomer Agreement S-536, Assessment District 91-06 DEVELOPER'S PROPERTY Name/Address Legal Description Emmett&Donna Kindle KING COUNTY TAX ACCT#229650-0030-02 41924 236th Ave SE N 60 FT OF E 170 FT OF LOT 5, Enumclaw, WA 98022 ELDON ACRES VOL 11/PG 86 Emmett&Donna Kindle KING COUNTY TAX ACCT#229650-0037-05 41924 236th Ave SE PARCEL C, CITY OF RENTON SHORT PLAT 33-76 REC Enumclaw, WA 98022 AF#7704130772 SD PLAT DAF LOT 5 OF ELDON ACRES VOL 11/PG 86 LESS N 60 FT OF E 170 FT AND CC ALL LOT 6 SD PLAT Emmett&Donna Kindle KING COUNTY TAX ACCT#229650-0038-04 C.3 41924 236th Ave SE PARCEL D, CITY OF RENTON SHORT PLAT 33-76 REC Enumclaw, WA 98022 AF#7704130772 SD PLAT DAF LOT 5 OF ELDON Cu ACRES VOL 11/PG 86 LESS N 60 FT OF E 170 FT AND CJ: ALL OF LOT 6 SD PLAT Developer's pro-rata share of improvement cost under terms of this latecomer agreement for above described parcels is: $3,454.86 x 3 parcels= $10,364.58 LATECOMER'S AGREEMENT-7 tp/91-10803 • EXHIBIT"B" 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 Emmett Kindle Sanitary Sewer CONNECTION CHARGE PER: Latecomer Agreement/Assessment District No. 91-06 PROJECT NO: S-536 RECIPIENT: Emmett H. and Donna J. Kindle N BRIEF PROJECT DESCRIPTION: Completed Installation of 263 L.F. of 8" ti PVC Sewer Pipe and Two(2)Manholes O TOTAL ASSESSMENT COST: Final Cost Sanitary Sewer Improvements $13,819.45 CD METHOD OF ASSESSMENT: Cost Divided Equally Between 4 Parcels Chi TOTAL COST PER PARCEL: $13,819.45 4 =$3,454.86/per each parcel If there is any question regarding the paid or unpaid status of the following assessments, please call the City of Renton, Property Management at 235-2631. Ownership Legal Description Assessment or Additional Charge PARCEL NO. 1 KING COUNTY TAX ACCT#229650-036-06 GORDON,GLEN G& PARCEL B CITY OF RENTON SHORT PLAT 33-76 REC $3,454.86 WILMA JEAN AF#7704130772 SD PLAT DAF LOT 5 OF ELDON ACRES 2623 JONES AVENUE NE VOL 11/PG 86 LESS N 60 FEET OF 3 170 FT AND ALL RENTON,WA 98056 LOT 6 SD PLAT SUBTOTAL ASSESSMENT COST OF RECOVERY $3,454.86 LESS 15%PROCESSING FEE DUE CITY OF RENTON $ 518.23 $200.00 CREDIT FOR DEPOSIT $+200.00 TOTAL LATECOMER FEE DUE DEVELOPER $3,136.63 LATECOMER'S AGREEMENT-8 tp/91-10803 " EXHIBIT "C" LATECOMER MAP KINDLE SANITARY SEWER LCAG S-536 EMMETT KINDLE SHORT PLAT #33-76 2600 BLOCK OF JONES AVENUE NE NW 5 - 23 -- 5 SCALE: III= IOOI MAP REV. \ N \ \ ,.9z/6,-, y0 \ \ \ \ \ .x/89-o3-45 u) -1316.74 \ 44.4 5135-2/-306 (,,.,y) ,,,"-Le 96ru sr N.GNC 4N/J fp -• �� K K/+'`-NE 28TH .ST. �' 11i tiv 0ON 4'yg \ /DD a3j� N /' W 4 Z --�oLJ�gi x - -.60.0/ - - - 3rA N ��� G j s Pg °opo I Aqh°0 Z�5°°2 Zook �°, a 0 3Z0 Ll J. .� �, ° ��, /Go lA T O , i6 N89-o3.45W 126, »'8/ 87 >� W+' CD fl \• Qo 1\' 90 Z m o8y 18 cr \ - 0 3 ba i 2 I °0 0 N 0o�y \ m BB oe 1030 ip. 0- 'dr, Q NN A 93' Z 4801° N /T� •/y 4 Q a9 93�y� MZ o � CC:).., O V i Y1 LL •b A943o b°, 0\gyo/.�b 67•/9 G6.6.7'3-$.> W J h o04 y eo SSE 97T//PL.) w ,I N -J �;a ... b N89-03-45✓ or N89-03-45k/ 2/$ N ) tl (n t,.. co h g3�04 c a 90 �,4h N.E. 27TH CT. NI I x, m 42-95 80.63 6..N. o co ti 17 , N Ill o d9- T S9 3 V J °,001- \ v I t, e.\tio 69 oa o ro ado- $r1�oam y� 001 °0' .. . .. ... .d--E V- 0 0 11`1 Zre N89-03-45W /ZZ2 7/.so ,00.$o • • - , \ . :,,,.......:::::::::::::.:.:::::::,:::.....„ , . „, t. ,..0 , l ,,.............,,,,,o„,::' +6 , � PCL.A pW _ ..• .�: 'O N OD N89yo3.45W •Y/70.. 164 cC' ' I PARCEL NO.I °i `* i /` o°'� �: PCL. B 13ti3E0 • fig o0�& o S� Q. M I /70 y CO. ci; 320 89-o3-4.5n/ N,j W W. 930 & a ::/70 ::: 0 ti 9 \�`' PCL. D oI ml000 •:' m coo I �qo yt •.:c PCL.C 14•90 -t: ' > C vQL.11 . 2.20 I ,, /00 AC " 229650 \ •,. ,...,.. , �a°°�� �' s$ 147 a Z I 0.91 m 1 .,1100 o 0 y.I (a"(ON -"0 3Zo • °°fl **** i . 4 2,5300A, LATECOMER BOUNDARY o 0 EXISTING SANITARY SEWER LINE .............. .„•. DEVELOPER'S PROPERTY s ® NEW SANITARY SEWER LINE LATECOMER'S AGREEMENT-9 1 L __