HomeMy WebLinkAboutLA 20050816000319 Return Address:
City Clerk's Office
City of Renton
1055 South Grady Way \t\ lii%lii% ltl%l )\1lt1l
0
Renton, WA 98055
2 50 42.00
CITY0 RENTON AG
PAGE001 OF 011 _
9,16
KING COUNTY, wA
Title: LATECOMER'S AGREEMENT Property Tax Parcel Number: 102305-9394
Project File#: PRM-27-0027 LA-014-001
Grantor(s): Grantee(s):
1. City of Renton, a Municipal Corporation 1. Glenn Wharton
Complete legal description is in Exhibit"B"of this document.
LEGAL DESCRIPTION:
Portion of the Northwest Quarter of the Southeast Quarter of Section 10, Township 23 North,
Range 5 East, W.M., in the City of Renton,King County, Washington.
THIS AGREEMENT made and entered into this //14A day of , 20 O5
by and between the CITY OF RENTON,hereinafter referred to as"CITY,"and lenn Wharton,
hereinafter referred to as"DEVELOPER";
WHEREAS,the"DEVELOPER" is desirous of installing certain wastewater systems 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
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"(R.C.W. 35.91.020, et
seq.) and street latecomer's legislation (R.C.W. 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 CONVENANTED BY AND BETWEEN
THE AFORESAID PARTIES AS FOLLOWS:
Page 1
PRM27-0027: WHARTON LATECOMER'S AGREEMENT
1. The"DEVELOPER"hereby acknowledges and covenants that he is the owner or has
reached satisfactory agreement with the property owners 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:
1. 275 linear feet of 8 inch PVC Sewer Main
2. 2 48 inch diameter manhole
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$42,257.20. See Exhibit"B"attached hereto for the legal
description of the boundary line encompassing 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 subsequently wishes to tap
into or hookup to or use said facilities,which tap or hookup shall include connections to
lateral or branches connecting thereto, all subject to the laws and ordinances of the
"CITY"and the provisions of this agreement.
Page 2
PRM27-0027: WHARTON LATECOMER'S AGREEMENT
The method of determining latecomer payments shall be by:
Front foot method
The pro rata cost is $87.31.
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 Administrator of the Planning/Building/Public Works Department
or his/her authorized representative 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 begranted apermit to use or be authorized to tapinto
P
the facility during the period of 15 years from date hereof,without first paying unto the
"CITY", in addition to any and all other costs, fee, 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
Page 3
PRM27-0027: WHARTON LATECOMER'S AGREEMENT
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%
administration 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 years from date hereof,the"CITY" shall be under no further
obligation to collect or make any further sums unto the"DEVELOPER".
The decision of the Administrator of the Planning/Building/Public Works Department or
his/her 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 the"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 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 mailing address. Should the"CITY" be unable to locate
Page 4
PRM27-0027: WHARTON LATECOMER'S AGREEMENT
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,then
the latecomer's fee shall be placed in the Special Deposit Fund held by the"CITY"for
two(2)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.
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 twelve(12%)percent per annum.
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 granted for a period
of up to but not to exceed 15 years. No extensions will be granted beyond the period of
time established by City Council. The latecomer's agreement will expire at the end of the
period of time established by the City Council.
12. By instituting the latecomer's agreement,the"CITY"does not agree to assume any
responsibility to enforce the latecomer's agreement. The recorded latecomer agreement
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 assessment roll listing
the affected properties and the pro-rata potential latecomer charge for each will be on file
with the"CITY". The"DEVELOPER" has responsibility to monitor those parties
Page 5
PRM27-0027: WHARTON LATECOMER'S AGREEMENT
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.
Page 6
.
PRM27-0027: WHARTON LATECOMER'S AGREEMENT
Okaitffiniiiimo
CITY OF RENTON \\\\\\���A.( OF RFN
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By: 1* SEAL *_
Mayor thy Keolker-Wheeler
TTEsT:
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rED sic.
Bonnie I. Walton, City Clerk
Notary Seal must be within box STATE OF WASHINGTON )ss
COUNTY OF KING
On this 13441 day of .3 La t ,2005 ,I certify that I know or have
satisfactory evidence that Kathy Kaolker-Wheeler is the person who appeared before
me,and who signed this instrument,on oath stated that she was authorized to execute
the instrument and acknowledged as the Mayor of the City of Renton to be to be the
free and voluntary act of such party for the uses and purposes mentioned in the
" . instrument.
Notary blic in and for the tate of Washington
:Y e\3`';; Notary(Print) J Gc So.i A. Se. `t
My appointment expires: 1 Z q-O of
Dated: 7/i3/Zooms
Page 7
PRM27-0027: WHARTON LATECOMER'S AGREEMENT
DEVELO R
By: By:
INDIVIDUAL FORM OF ACKNOWLEDGMENT
Notary Seal must be within box STATE OF WASHINGTON )ss
tt, H COUNTY OF KING )
+11 O w I certify that I know or have satisfactory evidence that G/e ,n
1I
���•SS%ON F t�• 1'
�;� +A•• N Gdha r f d K signed this instrument and
0 �AOTAQy �Pm ; acknowledged it to be his/her/their free and voluntary act for the uses and purposes
•t • a.... N •• mentioned in the instrument
' rUBLUG .2 04.1444.4A
j
F ....• C� Q Notary Public in and for the State of Washington
��OF ►NASotttt Notary(Print)"Deb°roJ.i I Evout4
My appointment expires: /1- /9-O 9
Dated: to-R��DS
REPRESENTATIVE FORM OFACKNOWLEDGMENT
Notary Seal must be within box STATE OF WASHINGTON )ss
COUNTY OF KING )
I certify that I know or have satisfactory evidence that
signed this instrument,on oath
stated that he/she/they was/were authorized to execute the instrument and
acknowledged it as the and
of to be the free and voluntary act of such
party/parties for the uses and purposes mentioned in the instrument.
Notary Public in and for the State of Washington
Notary(Print)
My appointment expires:
Dated:
CORPORATE FORM OF ACKNOWLEDGMENT
Notary Seal must be within box STATE OF WASHINGTON )ss
COUNTY OF KING )
On this day of , 19 ,before me personally appeared
to me known to
be of the corporation that
executed the within instrument,and acknowledge the said instrument to be the free
and voluntary act and deed of said corporation,for the uses and purposes therein
mentioned,and each on oath stated that he/she was authorized to execute said
instrument and that the seal affixed is the corporate seal of said corporation.
Notary Public in and for the State of Washington
Notary(Print)
My appointment expires:
Dated:
Page 8
EXHIBIT A
WHARTON LATECOMER(PRM27-007)
DEVELOPER PROPERTY
LEGAL DESCRIPTION:
That portion of the South Half of the Northwest Quarter of the Northwest Quarter of the
Southeast Quarter of Section 10, Township 23 North, Range 5 East, W.M., which lies
southerly of Block 2 of McClain Addition as per plat recorded in Volume 59 of Plats,
page 61, records of King County, and which lies west of the southerly production the of
east line of Lot 2 of said Block 2 and east of the southerly production the of west line of
Lot 4 of said Block 2;
LESS the South 30 feet thereof.
All situate in the City of Renton, King County, Washington.
EXHIBIT B
WHARTON LATECOMER(PRM27-007)
LEGAL DESCRIPTION:
Parcel 2 of King County Short Plat No. 477114, as recorded under King County Rec. No.
7804120882, records of King County, Washington.
All situate in the Northwest Quarter of the Southeast Quarter of Section 10, Township 23
North, Range 5 East, W.M., in the City of Renton, King County, Washington.
EXHIBIT C
Pie
121st St.• 121st St,
• DE L0'1 R'S Q
PROl'ER111,11
102305-9394 _
0 150 300
1 : 1800
-CY O Technical Services Wharton Sewer Latecomer Agreement
;if?
� + Planning/Building/Public Works
if? Printed April 2005 File No. LA-04-001