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HomeMy WebLinkAbout6235109 4 VOL 4985 PACE 283 623,5109 DRAINAGE RELEASE HIS INSTRUMENT made and executed at Renton, King County, Washington, on the 7( L -"day of September, 1967, by and between TRANSAMERICA CORPORATION, a corpor-; ation, CHARLES WILBUR REEVES and DOLORES J. REEVES, his wife, and the CITY OF RENTOI a Municipal corporation; WITNESSET WHEREAS Transamerica Corporation, hereinafter referred to as "Transamerica", has heretofore platted, or is in the process of platting, certain properties to be ' t known as VICTORIA PARK PLATS Numbers 1 through 6, inclusive, all locating easterly of • the Talbot Road in Renton, King County, Washington, and further described on Exhibit "A" attached hereto and incorporated herein, and WHEREAS Charles Wilbur Reeves and Dolores J. Reeves, hereinafter referred to as "Reeves" are the owners, or have an interest in, certain adjoining lands described as follows, to-wit: That portion of the north 1/2 of the north 1/2 of the south 1/2 of the southwest quarter of the northeast quarter, and that portion of the north 1/2 of the north 1/2 of the south 1/2 of the southeast quarter of the northeast quarter of Section 30, Township 23 North, Range 5 East, W.M., in King County, Washingtin, lying east of. Primary State Highway No. 5 as conveyed to the State of Washington,• by deed recorded under auditor's file number 5346371 , and by deed filed with the Registrat under auditor's file number5349)880, and westerly of Talbot Road (96th Avenue South), All situated in Renton, King County, Washington, and WHEREAS the City of Renton, hereinafter referred to as "City" , is a Municipal corporation, and is about to accept, or will accept in the future, subject to the laws and ordinances of the City of Renton, the preliminary and final plats • submitted and to be submitted by Transamerica, as hereinabove described, and WHEREAS said subdivision and plats will or may result in the accelerations of the flow of natural surface waters unto adjoining properties, including those d crwrmd by Reeves, and no adequate storm sewer collections or hookup points being presently available, and WHEREAS all the parties hereto are willing to execute and deliver unto s the other party this release, NCIJ THEREFORE 1 IT IS HEREBY AGREED AND COVENANTED BY AND BENEEN THE PARTIES AS POLUUSi SECTION I: Reeves hereby agrees and consents to the flow of natural surface waters from the plats heretofore or hereafter prepared and submitted to thq 1 • V,,.4985 PA„E 284 City of Renton by Transamerica to be known and identified as Victoria Park Plate 'collection • Numbers 1 through 6, inclusive, that may hereafter within its natural/channel and drainage pattern, enter upon or encroach upon the properties or any portion thereof owned or controlled by Reeves, and latter agrees and covenants to hold the City of Renton harmless from any liability or damage, whether to person or property , in 0 connection therewith; and in further consideration of the mutual advantages and benefits flowing to each of the parties hereby, Reeves agrees to waive any claim, '^4) cause or demands for damage to property or to person that he may have against the City of Renton, its successors or assigns, whether now existing or hereinafter • accruing by reason of the acceptance on the part of City of any such plat or plats, or • any subsequent flow or channelization of surface waters, SECTION II: Transamerica, in consideration of the mutual advantages and benefits flowing to each of the parties by reason of execution of this instrument, likewise agrees and covenants to hold the City harmless from any liability or damages of any sort, whether to parson or property, that may arise or accrue by reason of the plats ' heretofore mentioned and the developments thereof and any subsequent flow of surface waters from said plat or plats or any portion thereof, and/or the acceleration or increase of any said flow of surface waters unto adjoining lands, including those owned by Reeves and Transamerica further agrees and covenants to take any and all steps reasonably necessary to regulate and control such flow of natural surface waters within its established drainage pattern; in the event any action or claim is made by any party for any damage and the City of Renton is joined as an additional party defendant in any way, then Transamerica agrees and covenants to timely and fully defend such action, on behalf of the City of Renton, at Transamerica's sole cost and : expense, and to hold the City harmless from any liability or cost or expense in connection therewith. SECTION IlltEt is further agreed and covenanted that this instrument shall be and constitute a covenant running with the land of Reeves and Transamerica and shall be binding upon said respective parties, Reeves and Transamerica, their successors, executors, administrators, and assigns. - 2 - • _ _.n.......r....,,...�.rN . •. . VC.4985 PAGE285 IN WITNESS WHEREOF the parties hereto have hereunto set their hands and f seals this ,,day of September, 1967. • r . K\\�* .. ...<:., �.\. A.,.`,,,. ,%y .� ,;;, TRANSAMERICA CORPORATION, a corporation' Charles Wilbur Reeve 7 By Dolores J. Reeves By ...)-Z -' $I f� ki.= /PPR4Igerl BY CITY-4- .;, NTON BY ('' t• c' '' ci,' . ' •Mayor.-'". ...-. I Y t ; STATE OF WASHINGTON) p'..1 .0t"ra :gin :rsonallY day appeared before me C1lARLES WILBUR REEVES and ./ j, ",tk:;•t{'AE1L'Sz to me known to be the individuals described in and who executed tj( `t.41AA.p•01dalar going instrument, and acknowledged that they signed the same es 4tit4i see 1hii vDl,)untary act and deed, for the uses and purposes therein mentioned.. C�i 4r• 1,��31. 'V N/under my hand and official seal this .) �`dny of September, 1967, • ca\\�• • '_'1 r 1 1 l( 7 °No styCPUbl c`in and for the State + of Washington, residing at STATE OF WASHINGTON ) ) as COUNTY OF KING ) On this J 1 day of September, 1967, before me, the undersigned, a Notary Public in a for the State of ]Washington, duly , onmissioned and sworn, personally appeared 1?t.C.X-q/ Jf/1--�� and e r/t-it/ r�./: "-`•}')?et.�Jir' ._� ' to me, known to be the' /tee ..„9/ „+lam ,. ,;. t. andet•-'.Lt.t4 xt' •:I,.t-:1 3, respectively, uy;,•'7t[tAtf.) ICA CORPORATION, the corporation that executed the foregoing instrument, illi3.xlViirilieid the said instrument to be the f roe and voluntary act. and deed of said r r >=pokati'UA'•.tikr the uses and purposes thereka mentioned, and on oath stated that they 0..tiv Gil {P,6A to execute the said instrument and that the seal affixed is the corporate A spp I. of"a gld-jc r pore t ion. tpU3t.` o;:/r`.? • p 13 1t• f:SS my hand and official seal hereto affixed the day and year first above LC.er / 7 . ( r tI �( Not Public in and for the Cato— of Washington, residinf* at I ' STAT1: OF WASHINGTON ) E l` . ) ss COUNTY OF KING ) This is ��. to certify that on this G#•‘•day of September, 1967, before me, the undersigned Notary -Public, personally appeared DONALD W, CUSTER and 11G1,MIli NELSON, to me known to be the duly qualified and elected and acting Mayor and City Clerk, reape'ct ively, of the City of 1;e 4.t: shington, and acknowledged that they executed the foregointr, . instrument In a eit'cA 'tp)F s as the free and voluntary net and deed of said City, f1+r the uses and;Vettippste/ t;ht4 stated, and upon oath stated that the execution of snid instrument by_."*Ot*.q;mwas Rill✓ '�,i1 regularly authorized and that the seal ettached therm>tr. is the gorge ate.aeattsp ity of Renton. > ray._.tom. C:1LunWRIS. tiIstonlid.fand official seal the date last above stated. 0 i).1TNI • Notar. Public in and for the State of Washington, residing at. Renton. - - 3 - • VCL 4985 FAUE 286 ; CD CJ ..0 • l:KfiLB1T "A" All that portion of the East one-half of the Northeast one-quarter of Section 30, Town- ship 23 North, Range 5 East; W. M. lying East of Talbot Road; together with the West one- half of the Northwest one-quarter of Section 29, Township 23 North, Ranpe 5 East, W. M. riled for Recor �` 196/ /t OA. Request o L1G ROBERT A. MORRIS, Counly Auditor