Loading...
HomeMy WebLinkAboutLA 20001109000894 Return Address: 01 110011101 11101 I I I 11 11 City Clerk's Office 2 City of Renton 0001109000894 1055 South Grady Way CITY OF RENTON AG 15.00 PAGE 001 OF 008 Renton, WA 98055 11/09/2000Y11:KING COUNT , 58 LATECOMERS AGREEMENT Parcel Numbers: 334040-4705,4785,4805,4890,4900, 4915,and 4925 Project File#:PRM-27-0019,W2798 Street Intersection: SW 12th St&Raymond Ave SW Grantor(s): Grantee(s): 1. City of Renton,a Municipal Corporation 1. Elvis C.Gelvezon LEGAL DESCRIPTION: Portion of the NW 1/4 Section 19,Township 23 North,Range 5 East, W.M., in CFI King County Washington,more particularly described on page 7 hereof. cam- c) ` ' THIS AGREEMENT made and entered into this date >1.4-0-C141.44,4) '7 Atf-0"-V by and between the CITY OF RENTON,hereinafter referred to as "CITY,"and Elvis C. Gelvezon hereinafter referred to as "DEVELOPER"; r_3 WHEREAS,the"DEVELOPER" is desirous of installing certain wastewater 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 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) 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"on page 6 of this document and the "'DEVELOPER" hereby agrees and covenants to cause to have installed the following described improvements,to-wit: 1. 345 Linear feet 8 inch Watermain; 2. 1 each 8 inch Gate Valve; 3. 1 each 4 inch Gate Valve; 4. 1 each 6 inch Fire Hydrant Assembly. LATECOMERS AGREEMENT LA 99-002 City of Renton,a Municipal Corporation Elvis C.Gelvezon and all necessary appurtenances;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 $27,970.00 for the above described improvements. See Exhibit "C" attached hereto for the map showing in outline the land affected by such charges per the terms of this agreement, see Exhibit "B" attached hereto for the legal description of the lands affected by this latecomer agreement and see Exhibit "D" attached hereto for the Final Assessment Roll. 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 subject to the laws and ordinances of the "CITY" and the provisions of this Agreement. COCrl The method of determining latecomer payments shall be by square foot subject to these latecomer c:), charges: crt The pro rata cost is$0.4278 per square foot. 0 3. It is hereby found and determined that the construction and installation of said afore described 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 0 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 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 H:\DIVISION.S\PROPSERV\P&P\ASSMTS\GelvezonLATECOMR.DOC\bh Page 2 LATECOMERS AGREEMENT LA 99-002 City of Renton,a Municipal Corporation Elvis C. Gelvezon 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 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 hookup to such improvement shall be final and conclusive in all respects. 7. It is further agreed and understood that the afore described 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. 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 0-r condition to the City collecting any latecomer's fee. The "DEVELOPER" will also assign to the "CITY" c=1. 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 cry "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 Q "DEVELOPER" may receive the latecomer's fee, without interest, by applying to the "CITY" for that ccc 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. 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. H\DIVISION S\PROPSERV\P&P\ASSMTS\GelvezonLATECOMR.DOC\bh Page 3 f LATECOMERS AGREEMENT LA 99-002 City of Renton,a Municipal Corporation Elvis C. Gelvezon 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 connecting to the improvemedE 111r �j"CITY" become aware of such a connection, it will use its best efforts to collect the latecome-.C.),� bl ilte4cur any liability should it inadvertently fail to collect the latecomer's fee. ti', 1 S L *: CITY OF RENTON i ".1:64.4.644-41 }o r . ti./ ,'/,,,,'l EDS \���� yor City Clem,' lltlilllllllt STATE OF WASHINGTON )SS CORPORATE FORM OF ACKNOWLEDGMENT COUNTY OF KING ) Seal`�,ztN��gltiboIII, On this day, before me personally appeared Jesse Tanner and Marilyn J. /0 I� Petersen to me known to be Mayor and City Clerk of the municipal J�-�'„.`".IQH#y �j iI, corporation that executed the within instrument,and acknowledged said 0 ('4r,S'., instrument to be the free and voluntary act and deed of said municipal -4.. , ` n; 70 , corporation, for the uses and purposes therein mentioned,and on oath stated m i u�► �/ • V �". that he/she was authorized to execute said instrument and that the seal o' ' 1",,,Q0©A r,= affixed is the corporate seal of said municipal corporation. C] ' 4.if 0.4.�',,,,,N"' _.0N- Crl I I I WASHOGO !D. 1--e� v.dS7 Notar' ublic in;4nd for the State of Washington Notary(Print) q Zu n n I3. 10ny.ic.et,se) My appointment� expires: 0 Vo/k b; I Dated: V J 0;Je. 6 es, 1, ..-0 c 0 c.,= H:\DIVISION.S\PROPSERV\P&P\ASSMTS\GelvezonLATECOMR.DOC\bh Page 4 • LATECOMERS AGREEMENT LA 99-002 City of Renton,a Municipal Corporation Elvis C.Gelvezon DEVELOPER Elvis C. Gelvezon 1,a 40. Notary Se I us b wi in box INDIVIDUAL FORM OFACKNOWLEDGM T A STATE OF WASHINGTON )ss COUNTY OF KING ;// � I certify that I know or have satisfactory evidence that El;0.3 o 'Q e L_vez_-(i! t signed this instrument and acknowledged it s be his/her/their free and voluntary act for the uses and purposes ientio ed in e ins rume oaaE . I , 411114, k_ E � e ''.r the t.te of Washington Notary(Print _ �C My appoint en expires: . , 1 41, Dated: ID 7, ), CDT C=) p-- c=2 0 cN1 . H\DIVISION.S\PROPSERV\P&P\ASSMTS\GelvezonLATECOMR.DOC\bh Page 5 EXHIBIT A Proposed Gelvezon Latecomer Legal Description Developers Property Lots 6 and 7, Block 29, C.D. Hillman's Earlington Gardens Addition to the City of Seattle, Division No. 1, according to the plat thereof recorded in volume 17 of Plats, page 74, records of King County, Washington. Situate in the Northwest Quarter of Section 19, Township 23 North, Range 5 East, W.M., in King County, Washington. es. ca CZ! e`, Gelvezon.doc\tgb6/99 EXHIBIT B Proposed Gelvezon Latecomer Legal Description Beginning at the southwest corner of Lot 17, Block 28, C.D. Hillman's Earlington Gardens Addition to the City of Seattle, Division No. 1, according to the plat thereof recorded in volume 17 of Plats, page 74, records of King County, Washington, thence northerly along the west line of said Lot 17 to the northwest corner thereof; Thence easterly along the north line of Lots 17 through 27 of said Block 28 to the northeast corner of said Lot 27; Thence southerly along the east line of said Lot 27 to the southeast corner of said Lot 27; Thence crossing SW 12th Street to the northeast corner of Lot 6, Block 29 of said Plat; Thence southerly along the east line of said Lot 6 to the southeast corner of said Lot 6; Thence westerly along the south line of Lots 6 through 16 of said Block 29 to the southwest c corner of said Lot 16; Thence northerly along the west line of said Lot 16 to the northeast corner of said Lot 16; c:: Thence northerly crossing SW 12th Street to the Point of Beginning. eN` Situate in the Northwest Quarter of Section 19, Township 23 North, Range 5 East, W.M., in King County, Washington. Gelvezon Latecomer Boundary\tgb6/99.doc • LA7> GoME 46,GREEMEt4 Y1 ci ,4IT7 Mikp -•-•"" I µ w.) sit . 6 1111711- JVn f Nr- H •,,,., aCey� r � , . so, . 10 00111111111111 1111111111i14 6. , 01111010116 . . ( . p •., min- 0.7111 ... . . • - 1111111 _........gomor„;;;nolliow A.- 'pia 0.161 "lir• .rnwr°'21%••••••:/Ole i cc.. groop...*...r.r.:01,::::::::.=1:-.1 • s2 f1 C1: ♦ .1-. • 1 !q-. 411 0 • L.... , 11 ,1A� • A� J� il w w Q , ri W h m-F-4'0,lr� ,yaGO'dD en`s-:4 \ r �'111 it,� �•�,4 • + c. , S.t5V v .---. •�, AIS X11 •� � C.' 11 • Illry ii������i • • r 1 .. Lii: iii-TA„-,--,-- ongo,0-...- leo .., _..._a__,._ , 4 6 w 5 _ 1 . Q — ••:t.e..*:-. iii r itivire o Al a S I: r.o►i � , za ��- t3TH io 1, A. cr ;ygc,��s��fpp�� '` • I s Iz Nti (30.1EFi1ED Pg'op'Ep 1 es Jr DWEL.op � PP-0P-KTf —-- — PROPOSED Ini Ak-TE2MA 1 IJ • i6eoao6 0t t o1cz