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AGREEMENT AND CONVEYANCE RE
SEWER LINES AND APPURTENANCES
1970
THIS AGREEMENT made and entered into this 79th day of Tnna , 11111111
by and between the CITY OF RENTON, a municipal corporation of the second class under
the laws and statutes of the State of Washington, hereinafter referred to as "City",
(% and Robert S. Swettenam & Frank N. Young, Jr. hereinafter referred
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to as " S & Y Company "; a Washington Partnership
WITNESSETH:
WHEREAS s Y Company is desirous of installing certain
sewer lines and appurtenances thereto at, near or within the hereihbeloy described
property and to connect same to the City's Sanitary Sewer System so that suchimprovements
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 Chapter 261 of the 1959 Sessions Laws, generally
referred to as a "Municipal Water and Sewer Facilities Act, (RCW 35.91.010 et seq)"; and
WHEREAS s & y Company is willing to pay all the costs
and expensesfor the installation of said improvements;
NOW THEREFORE, IT IS HEREBY AGREED AND COVENANTED BY AND BETWEEN THE AFORESAID
PARTIES AS FOLLOWS:
1. S & Y Company hereby acknowledges and covenants '
that he is the owner of the following described property, to-wit:
South 165 feet of the North 495 feet of the East 660 feet of the
Northeast Quarter of the Northeast Quarter, Section 16, Township
23 North Range 5 East, WM, King County, Washington, except the
East 30 feet thereof and less the West 206 feet thereof.
and S & Y Company hereby agrees and covenants to cause to have
installed the following described improvements, to-wit:
495' storm sewer with catch basin from center line of Cemetary
Road)South on Union Avenue to S. E. corner of described property.
495' sanitary sewer with manholes from center .line of Cemetary
RoadlSouth on Union Avenue to S. E. corner of described property.
and such installation to be made in full compliance with all applicable codes and
regulations of the City of Renton. s v f'nmp�y further
covenants and warrants that all expenses and claims in connection with the construction
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and installation of the aforesaid improvements, whether for labor or materials or both,
have been or will be paid in full, all at , S & Y Company expense,
and S & Y Company covenants and agrees to hold the City of
Renton harmless from any liability in connection therewith.
2. S & Y Company further certifies that the total
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— estimated cost of said construction as hereinabove specified will be in the sum of
or $5,148.00 for Sanitary & $5,098.50 for Storm
$ 10,246.50 . Based on said total amount of cost, ow ta`X €` / or
Sanitaryl= 10.40/1.f.
the cost front lineal foot (strike out the inapplicable part) of said improvement
shall be employed to determine the prorate reimbursement to S & Y Company
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 hook unto 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 of Renton and the provisions of this
Agreement. It is hereby further agreed that in the event the total actual cost of
the aforedescribed improvement shall be different from that set forth hereinabove, then
this Agreement will be duly amended to set forth the total actual cost thereof.
3. It is hereby found and determined that the construction and installation of
said aforedescribed improvement is in the public interest and in furtherance of public
health and sanitation.
4. S & Y Company hereby agrees and covenants to convey,
transfer and assign unto City all right, 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
and storm
its present sanitary/sewer system upon approval thereof by the City Engineer and after
inspection of said construction. S & Y Company further agrees and
covenants to execute and to deliver unto City any and all documents including Quit Claim
Deeds and Bills of Sales that may reasonably be necessary to fully vest title in the City
and to effectuate this conveyance and transfer. S & Y Company further
agrees and covenants to pay unto City such service or other charges as may be imposed
bythe Ordinance of the Cityof Renton from time to time applicable to like users of
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the same class.
5. 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 or be authorized
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to tap into, hookup unto or use any such facilities or extensions thereof during the
period of 5 years from date hereof, without first paying unto City, in addition to
airy and all other costs, fees and charges made or assessed for each tap, hookup or use,
or for the sanitary sewer facilities constructed in connection therewith, the amount
required by the provisions of this contract. All amounts so received by the City shall
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Lip be paid out by it unto s & v Company under the terms of this agreement
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r- within sixty (60) days after receipt thereof. Furthermore, incase 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 connecting tile or pipe or related accessories located
in the facility of 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 term of this agreement, to-wits 5 years
from date hereof, City shall be under no further obligation to collect or make any further
sums unto S & Y Company •
The decision of the City Engineer or his authorized representative in
determining or computing the amount due from any benefited owner who wishes to hookup or
tap unto such improvement, shall be final and conclusive in all respects.
6. It is further agreed and understood that the aforedescribed improvements
to be undertaken and paid for byS Y Compare have been or are about
to be connected with the sanitary sewer system 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 sanitary sewer system.
7. This agreement shall be placed for record with the King County Auditor's
office immediately upon execution thereof and all costs of recording shall be the
responsibility of S & Y Company •
1970
DATED this 29th day of June
CITY OF REN TON, a Municipal corporation & Y COMBANY, a Pa to er s hi p
BY Cutn 4 ..e
Mayor :lobert ,. we
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BY rf/1/4-e4,0 7/6",(A.,,4_,Ly./1 ' A,
Deputy City Clerk Frank N. Yo4 g, Jr ,
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STATE OF WASHINGTON )
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COUNTY OF KING ) •
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19 70
On this 2--6 day of , Ili, before me, the undersigned, a
Notary Public in and for the State of Washington, duly commissioned and sworn
personally appeared Avery Garrett and Gwen Marshall
to nn known to be the Mayor and Deputy City Clerk , respectively,
of the City of Renton the corporation that executed the
foregoing instrument, and acknowledged the said instrument to be the free and
voluntary act and deed of said corporation, for the uses and purposes therein
mentioned, and on oath stated that authorized to execute the said
,,, strument and that the seal affixed is the corporate seal of said corporation.
• �r' 1 • ra•p AJITNESS my hand and official seal hereto affixed the day and year in
4-; `this ces't tate above written.
y ••':*� * - ) vs: !7.: Nota y:Public innd afor the State
*hL u °`•• +' of Washington, residing at Renton.
11F‘frJ 1#/{411 t/ .•••
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STATE OF WASHINGTON ) _
ss
COUNTY OF KING ) �'
1970
On this 29thday of June , MI, before me, the undersigned, a
Notary Public in and for the State of Washington, duly commissioned and sworn
personally appearedRobert S. Swettenam & Frank N. Yquitp,mar known to be the
• , individual described in and who executed the foregoing instrument, and acknowledged
to me that theysigned and sealed the said instrument as a free and voluntary
act and deed for the uses and purposes therein mentioned.
WITNESS my hand and official seal hereto affixed the day and year in
this certificate above written.
Notary P 'lie in and f o ' the State
of Washington, residing at Rerrtzrn.
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Filed for Record 9'114).1-1)9 ) b Vem,
Request of
EDWARD J. LOGAN, Recorder
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RECORDED 409
recordsPAGE J.8 . -
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1970 JUL 15 PM 2 37 cc z
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0.2 ROBERTA. MORRIS AUDITOR CZ) I
• •• KING ,„,„,a
•4') -DEPUTY a No 1
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