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Return Address: ,20050808002718
City Clerk's Office CITY OF RENTON OMISC 42.00
City of Renton PAGE001 OF 005
08/08/2005 16:07
1055 South Grady Way KING COUNTY, WA
Renton,WA 98055 - _
DECLARATION OF COVENANT AND Property Tax Parcel Number: 366450-0136
ANNEXATION AGREEMENT
Individual Single Family Residence Street Intersection or Project Name: 158th Av SE/SE 136`h St
Grantor(s): Grantee(s):
1. James Duke 1. City of Renton, a Municipal Corporation
The Agreement executed herein between the City of Renton,Washington,a municipal corporation,hereinafter referred to as
"CITY"and the Grantor(s),as named above and/or successors in interest of certain property,hereinafter referred to as
"OWNER",is for and in consideration of the furnishing of utility service by the CITY to certain property of the OWNER
hereinafter referred to as"PROPERTY". The OWNER does hereby petition for annexation of the PROPERTY to the CITY,
does hereby agree to the conditions of annexation herein,and does hereby declare this covenant.
1. ACKNOWLEDGEMENTS AND REPRESENTATIONS
The Grantor does hereby acknowledge and agree as follows:
1.1. The OWNER is the owner of certain PROPERTY,which is located outside the corporate limits of the
CITY.
1.2. The OWNER is seeking single-family permit approval from King County for the PROPERTY.
1.3. The OWNER has requested the CITY to furnish sewer service to the PROPERTY.
1.4. This Agreement to extend sewer service outside the corporate limits of the CITY is authorized by RCW
35.67.310 and RCW 35.92.170 and shall not be construed as a voluntary agreement pursuant to RCW 82.02.020
and therefore the provisions of RCW 82.02.020 shall not be applied hereto.
1.5. This Agreement does not preclude any evaluation and determination by the CITY that later development
actions or proposals undertaken by the OWNER may require a determination of significance and environmental
review under SEPA.
1.6. Per Renton Municipal Code Section 4-6-040,the owner of property in Renton's Potential Annexation
Area shall execute a commitment to future annexation as a prerequisite for the extension of or connection to the
City's sanitary sewer system outside of the City Limits.
1.7. A CITY'S requirement of an annexation agreement or a commitment to future annexation as a condition
of extending utility service outside the corporate limits of the CITY is recognized by Washington law.
1.8. The PROPERTY is located within the CITY'S POTENTIAL ANNEXATION AREA or URBAN
SERVICE AREA for annexation purposes as adopted by the CITY in its Comprehensive Plan pursuant to the King
County Countywide Planning Policies.
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DECLARATION OF COVENANT AND Property Tax Parcel Number: 366450-0136
ANNEXATION AGREEMENT
Individual Single Family Residence—James Duke Street Intersection or Project Name:158`h Av SE/SE 136`h St
1.9. The OWNER'S request for the extension of utility services was duly considered by the CITY,and it was
determined that the furnishing of sewer service to the PROPERTY would be proper upon the fulfilling of all
conditions herein.
1.10. The OWNER does hereby acknowledge that in the event of violation or breech of the terms of this
PETITON,AGREEMENT AND COVENANT,or upon the invalidation of this PETITON,AGREEMENT AND
COVENANT by judicial action,operation of law or otherwise,the CITY reserves the right at its sole discretion to
immediately terminate the provision of utility service to the PROPERTY and in such case the OWNER agrees to
indemnify and hold the CITY harmless from any and all claims of any party.
2. PROPERTY DESCRIPTION
The PROPERTY is hereby described as follows:
Lo6 6,Block 1 of Jannetts Renton Blvd Tracts,N96.05 ft less ELY 300 ft,situate in the NE quarte of Section 14,
Township 23 N,Range 5 E of W.M.in King County,WA.
3. PETITION AND COVENANT FOR ANNEXATION
The OWNER,in consideration of the CITY'S agreement to provide utility service to the PROPERTY,does hereby
petition,agree and covenant as follows:
3.1 The OWNER does hereby agree,promise and covenant that if at any time the PROPERTY is included
within any area which is being considered for annexation to the CITY,said OWNER does join in said annexation.
3.2 The OWNER agrees to execute all necessary documents such as letters,notices,petitions or other
instruments initiating,furthering or accomplishing the annexation of the PROPERTY to the CITY,whether or not
the annexation involves the assumption by the area to be annexed of existing CITY indebtedness,the application to
the area to be annexed of the CITY Comprehensive Plan and land use controls,and such other conditions as the
CITY may lawfully impose. The OWNER,for him/her/themselves and for his/her/their heirs,successors and
assigns,agrees and covenants with the CITY,and to the present and future owners of the PROPERTY to which
this covenant relates,that such agreement is to constitute a covenant running with the land,that he/she/they shall,
whenever so requested,execute such letters,notices,petitions or other instruments. OWNER understands that the
CITY will record this document and the OWNER agrees to specifically advise future interests in the property.
Sewer_Avail_Duke_Cvnt to Annex.doc\06/06/05 Page 2 FORM 03 0008/bh/
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DECLARATION OF COVENANT AND Property Tax Parcel Number: 366450-0136
ANNEXATION AGREEMENT
Individual Single Family Residence—James Duke Street Intersection or Project Name:158th Av SE/SE 136th St
3.3 The OWNER,recognizes that the laws of the State of Washington relating to the annexation of property
by a city provides that property may be annexed to a city if property owners sign a petition for such an annexation.
The OWNER recognized and agrees that by signing this Agreement,the PROPERTY of the OWNER will
automatically be included as a property to be annexed in the event PROPERTY is within a proposed annexation
area.The OWNER further recognizes that there are other methods of annexation allowed under the laws of the
State of Washington, including the election method.
3.4 The OWNER understands that the OWNER'S signatures on this Agreement is an admission that the
OWNER understands the certain rights which the OWNER has regarding the PROPERTY and that the OWNER is
willingly waiving such rights in consideration of receiving the described utility services.
3.5 The undersigned OWNER of the PROPERTY,on behalf of himself/herself/themselves,his/her/their
heirs,successors and assigns,hereby designate(s)the CITY as OWNER'S true and lawful attorney-in-fact for the
purpose of signing any petition leading to the annexation of said PROPERTY to the CITY,with full power to do
and perform any proper act which the OWNER may do with respect to the annexation of said real property. The
CITY may exercise this power through its City Clerk or otherwise as the CITY COUNCIL may direct. This Special
Power of Attorney is given for the valuable consideration of the furnishing of sewer service by the CITY,and this
Special Power of Attorney is further given as security for performance of the annexation covenant obligation set
forth herein. This Special Power of Attorney is not revocable and shall not be affected by the disability of the
principal.
4. GENERAL PROVISIONS
The OWNER and the CITY do hereby acknowledge and agree to the following provisions which apply to the entire
Agreement herein.
4.1 Nothing in this agreement shall be construed to create any financial obligation on the part of the CITY
with regard to annexation,construction of utilities and appurtenances,or any other matter. The OWNER and the
CITY hereby acknowledged that it is the OWNER's responsibility to finance the design and construction of utility
facilities needed to serve OWNER's property consistent with the CITY plans and specifications,unless otherwise
agreed by the CITY.
4.2 No modifications of this Agreement shall be made unless mutually agreed upon by the parties in writing.
4.3 The terms and provisions of this PETITION,AGREEMENT AND COVENANT shall insure to the
benefit and become binding upon the heirs,assigns and/or successors in interest of the parties hereto. The OWNER
agrees to indemnify and hold the CITY harmless from any claims any subsequent purchaser may have as a result of
this Agreement,including CITY'S attorney fees and costs.
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DECLARATION OF COVENANT AND Property Tax Parcel Number: 366450-0136
ANNEXATION AGREEMENT
1 th Av SE/SE 136`h St
Individual Single FamilyResidence—James Duke Street Intersection or Project Name: 58
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4.4 Any notice or demand required or permitted to be given under this Agreement shall be sufficient if given
in writing and sent by registered or certified mail,return receipt requested,to the address of the parties set forth
below. Any notice shall be deemed to have been given on the date it is deposited in the U.S.Postal Service mail
with postage prepaid.
4.5 The OWNER warrants that the OWNER will undertake,and be responsible for,all notifications,
including recording,to all parties of interest and future parties of interest.
4.6 In the event that any term,provision,condition,clause or other portion of this Agreement be held to be
inoperative,invalid,void,or in conflict with applicable provision,condition,clause or other portion of this
Agreement,and the remainder of this Agreement shall be effective as if such term,provision,condition or other
portion had not been contained herein,and to this end,the terms of this Agreement are declared by the parties to be
severable.
4.7 Upon execution,the CITY will record these covenants with the King County Recorder's Office.
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DECLARATION OF COVENANT AND Property Tax Parcel Number: 366450-0136
ANNEXATION AGREEMENT
Individual Single Family Residence-James Duke Street Intersection or Project Name: 158th Av SE/SE 136th St
IN WITNESS WHEREOF,I have hereunto set my hand and seal the day and year as written below.
0164-1
ntor Signature(s) INDIVIDUAL FORM OF ACKNOWLEDGMENT
Notary Seal must be within box STATE OF WASHINGTON )SS
COUNTY OF KING )
I certifythat I know or have satisfactoryevidence that 44 MAR s bvio
CHARLES F. KOKKO
NOTARY PUBLIC signed this instrument and
���J hfl f �+t_ V acknowledged it to be his/her/their free and voluntary act for the uses and purposes
STATE OF WASHINGTON ' mentioned in the instrument.
COMMISSION EXPIRES ^
4 aMARCH 19, 2006ta13,0--2 `
/6/—
Notary Public in ark,for the State of Wash'ngt°}�Z
Notary (Print) (i " (e.� E 1 I
My appointor nt expires: .5/t"/m6
Dated: �v
DECLARATION OF COVENANT AND Property Tax Parcel Number:
ANNEXATION AGREEMENT
Project File#: Street Intersection or Project Name:
IN WITNESS WHEREOF,I have hereunto set my hand and seal the day and year as written below.
CORPORATE FORM OF ACKNOWLEDGMENT
Notary Seal must be within box STATE OF WASHINGTON )SS
COUNTY OF KING
On this day of ,20 ,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:
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