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AGREEMENT AND CONVEYANCE
Re Water Mains
THIS AGREEMENT made and entered into this /(4- day of May, 1961, by and
between the CITY OF RENTON, a municipal corporation, hereinafter referred to as
"CITY", and C. E. DOLMAN, hereinafter referred to as "OWNER":
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WITNESS ETH:
WHEREAS, OWNER has heretofore platted certain property known as "Heather
Downs No. 1" and has further caused the construction of certain water mains, herein-
after more particular described, and
WHEREAS, no other property owners or users are presently available to
share in the cost and expense of construction of such water lines and the parties
hereto having in mind the provisions and terms of Chapter 261 of the 1959 Session
Laws, generally known as the "Municipal Water and Sewer Facilities Act":
NOW THEREFORE, IT IS HEREBY AGREED AND COVENANTED by and between the
aforesaid parties as follows:
1. DOLMAN, as OWNER, hereby certifies that those certain cast iron
water mains, as hereinafter more particularly described, have been constructed in
compliance with all applicable Codes and regulations, including the Ordinances of
the CITY OF RENTON, and OWNER further covenants and warrants that all expenses and
claims in connection with the construction and installation of said water lines,
whether for labor or materials or both, have been paid in full and receipts thereof
being available; said line and route being described as follows:
A line approximately 957 ft. in length beginning at a point on
132nd Avenue Southeast, 935 ft. south of the quarter corner
between Section 15 and 16, Township 23 N., Range 5 E. W.M., thence
_ north along 132nd Avenue Southeast to said quarter corner and inter-
section of 132nd Avenue Southeast and Southeast 136th Street,
thence East along Southeast 136th Street to a point 1532 ft. east
of said quarter corner and the point of termination, said latter
water main installation being approximately 1500 feet in length
and that the respective total costs for the installation of said sections of water
line, approximately 951 feet and approximately 1500 feet in length respectively,
as above specified, are the total sum of $10,674.72, which computed at a per front
foot rate is in the amount of $2.16.
2. It is hereby found and determined that the construction and installation of
said water mains on the hereinabove described streets in the QetRtyfofeKingare iii the
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public interest and in furtherance of public health and sanitation.
3. OWNER hereby conveys, transfers, assigns and grants unto the CITY OF
RENTON all its right, interest, and title in and to said lines, its appurtenances
and accessories, free from any claim and encumbrance and CITY agrees to accept and
maintain said lines as part of its present water system. OWNER further agrees and
covenants, . if so requested by the CITY, to execute and deliver unto the CITY OF RENTON
any and all documents, including Quit Claim Deeds or Bills of Sale, that may be required
or requested by the CITY to effectuate this conveyance and transfer. OWNER agrees
to pay unto CITY such service or other charges as may be imposed by the Ordinances of
the CITY OF RENTON from time to time and applicable to like users of the same class
and circumstances.
4. 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 said water mains and to allow service connections to be made to said extensions
or additions, without liability on the part of CITY.
5. No person, firm or corporation shall be granted a permit or be author—
, ized to tap into, hook onto or use said water lines, as hereinabove described,
during the period of time described hereinbelow, without first paying unto the CITY
in addition to any and all other costs and charges made or assessed for such tap,
hookup or use, or for the water facilities constructed in connection therewith, the
amount required by the provision of this contract. The cost per front foot of said
improvement shall be ascertained based on the total cost and construction as herein—
above certified and such unit cost per front foot shall be employed to determine the
pro rata reimbursement to OWNER by any owner of real estate, who did not contribute to
the original cost of such improvement and who subsequently wished to tap into or hook
onto said water mains, or either one of them. All amounts received by the CITY
shall be paid out by it unto OWNER under the terms of this Agreement within sixty (60)
days after receipt thereof. Furthermore in case any tap, ho4up or connection is made
into any such contracted water facility, without such payment having first been made
as hereinabove set forth, the City Council of the CITY OF RENTON may remove, or cause
to be removed, such unauthorized tap, hookup or connection, and all connecting tile,
or pipe located in the facility right of way, and dispose of unauthorized material
so removed, without any liability whatsoever to any party.
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6. This Agreement shall be effective for a period of kliwec (5) years
from the date of execution hereof. It is further agreed and understood by and
between the parties hereto that upon expiration of the term of this Agreement, to—wit
f'i (. ) years from date hereof, the CITY shall be under no further obligation to
collect or remit any other or further sums unto OWNER. Furthermore the decision of the
City Engineer or Superintendent of Utilities, or other duly authorized representative
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of the CITY in determining and computing the unit cost per front foot to be paid by
'• any party wishing to hook on to said water mains shall be final and conclusive in
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all respects.
7. It is further agreed and understood that the aforedescribed improvements
have been or are about to be connected with the public water system of the CITY OF
RENTON to serve the area hereinabove described; furthermore, the CITY agrees by and
through its governing body to accept said facilities as part of the municipal water
system.
IN WITNESS WHEREOF we have hereunto set our hands and seals thisf(•*%day of
May, 19-6/4-
CITY
9-61fCITY OF RENTON, a municipal corporation
By
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Frank Aliment, Mayor C. E. Dolman
By Z�r
Helmie Nelson, A ting City Clerk
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this day personally appeared before me FRANK ALIMENT and HELMIE NELSON,
to me known to be the Mayor and Acting City Clerk, respectively, of the municipal
, c6rporation that executed the within and foregoing instrument, and acknowledged said
• (instrument to be the free and voluntary act and deed of said corporation, for the uses
Wand purposes therein mentioned and on oath stated that they were authorized to execute
''aM4 instrument and that the seal affixed is the corporsAe seal of said corporation.
l GIVEN under my hand and official seal this ay of May, 1961.
rN
•� • Nota y Public in and for the State of
Wa ington, residing at Renton.
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this day personally appeared before me C. E. DOLMAN to me known to be the
E,eind1vidual described in and who executed the within and foregoing instrument, and
.• o-cknowjedged that he signed the same as his free and voluntary act and deed for the
uses and purposes therein mentioned.
� . GIVEN under my hand and official seal this /�n*day of May, 1961.
•
•-,.• .�' �j ota y Public in and for the State of
,.•`..Med for ke OrQ �r`�``�//19 /t s M.
''equest of j w.i. Washington, residing at Renton.
RC)RERT A. MORRIS, County Auditor