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HomeMy WebLinkAboutLA 9011080905 f FILED FOR RECORD AT REQUESEEV T .iS i)4Y LA-002-89 OFFICE OF THE CITY CLERK RENTON MUNICIPAL BLDG. 200 MILL AVE. SO. RENTON, WA 98055 o R .i G ,, � i; S-30 ' , sJ s Project Number :3 '` LATECOMERS AGREEMENT THIS AGREEMENT`'>`smade ' 'and entered into this 0.T , .7fr day of dar-Ak& ,19 ?), by and between the CITY OF RENTON, hereinafter referred to as "CITY, " and LINDA T01 \N11,,-08 4005 t.' DECD F 15.00 hereinafter referred to as "DEVELOPER" ; RECFEE 2. 00 CASHSL ►:*$:17.00 WITNESSETH: 55 WHEREAS, the "DEVELOPER" is desirous of installing certain water systems, sanitary sewer systems, storm water drainage systems, and/or street improvements including signalization and CD Olighting,g, and appurtenances thereto at, near, or within the a0 hereinbelow described property and to connect same to the "CITY' S" O utility or road system(s) so that such improvements will constitute 0 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 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 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; W. 110 ft of LOT 1 , BLOCK 2, AKERS FARMS No. 5 AS RECORDED IN VOL 40 OF PLATS, PAGE 27, RECORDS OF KING COUNTY WASHINGTON. LATECOMERS AGREEMENT - 1 #1/0- 90 ,1/4//e.ao//8", 6-35'. • Lk?./hi :" Q .^ �j R► N�pl-¢16 o i4,-;,7.2.0 •��A• •A Y' ' IQ yobJ41:1%>.- !,- 0 AO `� a - • �' 2 s 1so 118 88 'e q°1r. 13 8 1380 _' 001 �' ,_ IZ 90 ,v. ec 'IA ��, n NALL �. v y 3 1'', N,, °00/' 106Q0 a• /�e�oo46 P'A. `� it/ 39-0ZE 4 U Op A o'Y�•' 'e sQ Zo <;:: 2 :'H 4. • n • Ip 10 * q .� 001l ,1 k 116 ,�, N u 140 •• o' • • e ��� ' iv A • B;y % • N'g r9-off • _ • NM°p ti A Z4 Z'� //G.(. ioo ioo �j p ft 0 • ✓N 115 * o 0199 pt ti IS n 90 �' 141 Oo 0 Irv, \$ �h �1 * 1 ��Z 6 z� 00 +IG 310 0,000 0 .i::: �°NORTH 1• °° °°M1� 114 �a�.a9 .tea Apg-ri•�, 0 0 11ao 2� �,,� ,, "� ON /t '.s6 L.° SE 166TH ST o i' / �w • 3�7.a S c 39 c o Qom') �SIIf 113 .z0aio "� ,h 7 424- p� . 9i•7r, 30 3a ss I $ �i 0 � -z- ‘. __a, �� 41'°.* 112 �,► •'�A 1 t` 1 th • L �)N CA'' 111)9 M > :vA9-/B-cam!✓ 0� �� v 4�''': 8/ 73 pp°f1 1 ti Al 015 7S 1 0�y5 I ET.'IP : 'q 111 _ .. /2? Ill / 7.23 Ptn.NW* STR 29-23-5 i' k co t ti 0 III .4-- t•tel Eli C 1 CD of a a 110 h �,� � •AKER'S ` NI. `4 w s_ flop 3 '' ll.i k CD o. M isll 6 coo p cq ,�go-D9' r 3 1 /, L1J•T . „ Z 2/ 0°�` v > 0��'L 0"" O 7 /B cn I Q t._ ._ {ti; t', _ Q �'!0 2 c' C 12710 'O!�pE g 109 ^ I LvT-480, 80 � ''I P�A)MS REN SP 6 N io9p i° 07I-85 01 W H n v V. 107 I N�19/ea�w _. :: •/6.46W w 3 . P 5 - . _ • /27./0 $i i 0 3 rn i Cr I� Lor-a. 6.RA 00 °° e a i 108 o . 8606059001 0ton o f o� 008700 !✓!I s y i 0 • "' 588-lb-46 Az z 09 RENT. /2 7'0 014 PI In `�� > ix t8-34 sz �FY 254.19 P g 4 ° Nea�aw� Existing City Limits of Renton �, p� ti ., //!1" �3 4 /,!=,. ; - P �` I b w °�� N o 4 iwt 'T �.3•I �" �',� w = "' I 3 tl t 0 -."at ?Pe/ ,rY . ♦ 0 0‘ fit ♦ N vc� • 3 �► 3 8 • i s 7.of 1 /174, f I `h' $1 2 I o ' 2 1.(C EXHIBIT ii " ♦fo -.01^� ��o i l 1 ^ oq-wj. DDD k `� " + v .a LATECOMER AGREEMENT S-380 • * 0p 4' 0,00 ` 'cow. '1 1, * • 150' New 8" San. Sewer Main ` - 1 °o J v$. - --- -- Existing 8" San. Sewer Main -- ,lt43 /Existing City �• � 3oo - C� �" .N.99' 16 2• "''""' " "'' Developers Property (Parcel No.1) -- immo ■mmilmit Latecomer Boundary Sheet 11 of 11 , • and the "DEVELOPER" hereby agrees and covenants to cause to have installed the following described improvements, to-wit: Installation of 150 I .f. of 8" PVC Sanitary Sewer Main in 104th Ave. S.E. between Mill Ave. S. and S.E. 166th St. perrrapproved plan S-380. 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 1-1-1 improvements, whether for labor or materials or both have been or Q7 CD will be paid in full, all at the "DEVELOPER' S" expense, and the 0 "DEVELOPER" covenants and agrees to hold the "CITY" harmless from CD any liability in connection therewith. 2 . The "DEVELOPER" further certifies that the total cost of said construction as hereinabove specified is $ 21 , 182.60 See Exhibit "A" attached hereto for the legal description of the lands affected by this latecomer agreement, and see Exhibit "B" 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 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 LATECOMERS AGREEMENT - 2 • subject to the laws and ordinances of the "CITY" and the provisions of this Agreement. The method of determining latecomer payments shall be one of the following: a. front foot method b. zone front foot method X c. square footage method d. contract method e. trip generation (traffic) method (if applicable) L1") f. other equitable method O CO g. any combination of methods a through f . O (check the applicable method of assessment) O The pro rata cost per 30,921 .40 square feet is $ 0.68505 . 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 LATECOMERS AGREEMENT - 3 • • 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 improvement and to allow LD service connections to be made to said extensions or additions, O O O without liability on the part of the "CITY. " co 6. No person, firm, or corporation shall be granted a permit O to use or be authorized to tap into the facility during the period Q) 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 LATECOMERS AGREEMENT - 4 • 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: 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 O aforedescribed improvements to be undertaken and paid for by CD "DEVELOPER" have been or are about to be connected with the O 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 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. " 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 LATECOMERS AGREEMENT - 5 extension will be granted upon written 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 period of time or, if extended, at the end of the extended period of time, but in 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 O CO assessment should connection to the improvements be made. The — "DEVELOPER" has responsibility to monitor those parties connecting O 07 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. LATECOMERS AGREEMENT - 7 1 DATED THIS o9b, (, day of //61.44 , 19 .0 . CITY • -N ENTON DEVELOPER By: _ _` `, v. B y• ayo BY: /ia' By: Ci Clerk CITY OF RENTON DEVELOPER STATE OF WASHINGTON) STATE OF WASHINGTON) ss . ) ss. COUNTY OF KING ) COUNTY OF KING ) On this ,?..(p° day of On this day personally Od-olfeir , 19 90 , appeared before me before me personally appeared L_ A/j.4 614L-4 X 0 r C.!y er and Atari/414 ,y: f okrse", to me known CY) to be the Mac,or CD and (Grantor/s) to me known to be 00 City C(erk of the the individuals(s) described in O municipall✓✓ corporation that and who executed the within and executed the within and foregoing instrument, and O foregoing instrument, and acknowledged that S/4- C) acknowledged said instrument to signed the same as 1.1 -12.-. be the free and voluntary act free and voluntary act and deed and deed of said municipal for the uses and purposes corporation for the uses and therein mentioned. Given under purposes therein mentioned, and my hand and official seal this on oath stated that he/she was 267-r14 day of OTO ?5�JC.._ , authorized to execute said 19 9Q . instrument and that the seal affixed is the corporate seal / �/ of said municipal corporation. Signatur- 0 Officer & Official Seal IN WITNESS WHEREOF, I have = hereunto set my hand and ` ` _ _ affixed my official seal the Notary Public in and fm the - 4 day and year first above Stat of Washington, rcasiaing-" written. at Cv My appointment expires : /l ' ? Si•nature & Tit e of Officer CITY8 . 09 :as . . 4 ' _ nt. Notar,l Public in and for the Stat-1+•frWashington, residing in 14 My appointment expires : ii�9/q'l, LATECOMERS AGREEMENT - 8 • • 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 CHARGES PER: SANITARY SFWFR I ATF('OMFR AGREEMFNT S-3130 PROJECT NO.: S-380 CD ORECIPIENT: L I NDA TOMLAN BRIEF PROJECT DESCRIPTION: I nsta I I at i on of 150 ft. of 8" PVC Sanitary Sewer Mai n in 104th Ave. S.E. between Mill Ave. S and S.E. 166th St. , per approved plan TOTAL ASSESSMENT COST: $ 21 , 182.60 TOTAL ASSESSABLE FOOTAGE: 30,921 .40 (Front Footage or Square Footage) TOTAL COST PER FRONT FOOT OR SQUARE FOOT: $ 0.68505 • If there is any question regarding the paid or unpaid status of the following assessments, please call the City of Renton, Utility Engineering Department at 235-2631. Sheet 9 • , EXHIBIT "A" PRELIMINARY ASSESSMENT ROLL LEGAL ASSESSABLE ADDITIONAL OWNERSHIP DESCRIPTION FOOTAGE CHARGE 1. Tomlan, Linda L. Acct #008700-0091 ($9,831.60) 10405 SE 166th Lot 1, Blk 2 14,351.70 Developers Renton, WA 98055 Akers Farms #5 sq.ft. Pro-rata W 110 ft. Share 2. Nichols,Howard H. Acct #008700-0095 16618 104th SE Lot 2, Blk 2 8,284.85 $ 5,675.50 Renton, WA 98055 Akers Farms #5 sq.ft. W. 127 ft of N 65.235 ft. Lr3 3. Cantellay, Milton C. Acct #008700-0096 Jr. Lot 2, Blk 2 8,824.85 $ 5,675.50 CT) 1662416624 104th SE Akers Farms #5 sq.ft. Q Renton, WA 98055 W 127 ft of N 65.235 ft. 30,921.40 sq.ft. Q Sub-total Assessment Cost of Recovery $11,351.00 Less 15% Processing Fee Due City of Renton -1,702.65 $200.00 Credit for Deposit + 200.00 Total Latecomer Due Developer $ 9,848.35 Parcel No.1 is owned by the developer and is not assessable under the terms of this latecomer agreement. The portion of Parcel No.3 described above does not constitute a legal sub-division of the original parcel. RCW6508/AMH/amd Sheet 10