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HomeMy WebLinkAboutLA 5157680 Qrr��r. A G -�� 6 - - 4 i AGREEMENT THIS AGREEM3 T made and entered into this 3.? day of April, 1960, € by and between THE CITY OF RF.MTON, a municipal corporation, and IAWET.L C. he-4 WEINBERG and ALDGRIA E. WEINBERG, his wife, hereinafter referred to as WEINBERG" and FRANCIS J_, BRIERE and MARCEIAIL.BEIPE, his wife, hereinafter referred to as "PRIERS": WITNESSET H: 1. The parties hereby make reference to that certain Agreement entitled, "Permit and Option to Purchase" heretofore executed by and b etween the parties ,z on October 26, 1959. It is hereby acknowledged that the City of Renton has hereto- fore exercised its option to purchase from BRitE as specified in paragraph 3 of the aforementioned Agreement. The parties hereby make further reference to the sub-paragraph of said paragraph 3 of the Agreement., together with the Addendum, dated October 26, 1959 and incorporate same herein as part of this Agreement as if said subragraph were fully set forth. 2. The City of Renton is ready to proceed with the installation of the water line and in that connecticn agrees to install a pump at the site of the well drilled on prcperty formerly owned by FRANCIS J. BRIERE and MARCELANE BRIERS, his wife, which has heretofore been purchased by the CITY OF R iTON. The City 711.7 farther install a water main 6 inches or larger, at a point approximately 'feet north of the center line of the recorded roadway easement located between the properties owned by FRANCIS J. BRIERE and MARCELANE BRIERE on the north thereof and by LOWELL C. WEINBERG and ATE rRI..A E. WEINBERG on the south thereof. Said water main will extend from the Well site west to 132nd Avenue Southeast and . will connect with an 8 inch water main which the City of Renton will extend along said 132nd Avenue S. E. to connect to the water main to be installed within the said recorded roadway easement. The said water main to be installed by the City . within the roadway easement at such a depth ?s to prevent any interference with the subsequent construction of a permanent roadway within the easement, at a grade line different from the present natural contour of the land. It is under- stood and agreed that the grade line for a permanent roadway will be determined .1r t. r Y , voi4035 roc, 2i i2 by King County immediately upon completion of a survey and the preparation of a profile layout drawing to be provided for by the City, which data, among others, shall show the present contour of the land; said profile layout shall be ee made available to BRlrxtl and WEINBERG as soon as so prepared by the City of Renton. g It is further understood and agreed that the City reserves the right to make . / nim--ohanget -er Ana*fiee#txi of ell. engireeriug Aeta end pplane-fee- the -pro A. r.--_r=»prta ;V" c‘: ' e + -t -; • !e.5 fenart•1.E'r Xil , (''° 60, hereinabove epeelfied. accompany 1--r!ere an 1 dor W&nberg '.r; the (`0,1•;+y of f.i ce. ;.h relative to t P -oa(1 g -ade PLta lment, 3. Upon reciept of said profile layout, all parties hereto agree to forward and submit same forthwith to the proper officia is of King County for the purpose of determining a proper grade line to be established for permanent road- way. Such reed grade line to be noted and fixed on the profile drawing and the City to be advised thereof as soon as possible. The City of Renton will install the said water main at a minimum depth of 30 inches below the so determined grade line as noted on the profile drawing. Said water main shall be installed, operated and maintained at the expense of the City of Renton and WEINBERG and BRT R! shall not be assessed or charged for the construction of said main water line. The City agrees, upon request, to notify RTEand WETTBF.R.G of the commencement of oon structi on and to provide them with all available information on its progress and it is expressly understood that WEIN' ERG and BRIERS shall have no right to supervise, change, modify or in any way participate in the construction of said line as long as the City is in substantial compliance with the provisions of this Agreement. Upon completion of said water line, service connections will be made available tw -fand water made available toNWHY abutting W_�.i r.,. ;a owned a� �lti ., 0 �1,4 premises/but this shall not be constituted as a guarantee on the part of the City i` P' ' ) to supply water but same will only be trnished as available, and incompliance and conformity with all the laws and ordinances of the City of Renton pertaining to such water supply and also to all service charges in connection therewith. .. The City of Renton realizes that in the installation of said water main within the roadway easement boundaries certain changes may be made in the present ground surface including the filling with gravel in order to support the machinery for the digging of trenches and the installation of the water main . n_ y1 • ' • • • 1.'11!. 6c PGt E�dl1 • .., pipes. Any such work done on the roadway for the installation of the water main, • including filling, will be done without expense to BRIFRE and WIUNBERG. 5. BRIERE and WEINSgRG further agree to execute and deliver to the Ci� of Renton an easement 60 feet in width, for the constructs e sot1�74m, , en, reconstruction, G; ° .,,,, and utility rr ,and operation of water mins and other municipal, public,/purposes. . . `-) , ERG further warrant that they are the owners of the property and V) = r ; . t 'RIR �c no encumbrances or restrictions interferring with said granting A ' o ltr .1,1011101Y. ,, ',,,,,E•14f41 t1`'` G#1� AT RENTON, King County, Washington, this % day of April, 1960. I &191140(Aeeer650. i CIT7 OF RENTON, a ripal Corporation i Lowell C. Weinberg ' gy -.. ►, .Z._.- L� . Ar •. i egr f. r/E. ner�r'�` n� oe -. •a , or F g ,,/, ' , .._ , ..,.._. , . 1 - , /.• ,,, -- ,y-7-.-s-fr ,,, -I -x e ,...„,- ' r ,,,,i_...4.,,,,,,i 1- j Vern H. ris, Uity Clerk r c Jere / i / lit k -•'. {� •, �` .}p' c't v G ' garcelane Briers r. i STATE OF WASHINGTON ) j ) as 11 COUNTY OF /CM ) 1' 5, F,F .lay personally appeared before me C. WE!ERG and ALEGRIA E. WEINBERG, `.,•kms -' ''''4.4 me known to be the individuals described in and who executed the within •Y. . • lag instrument, and acknowledged that they signed the same as their free 5:` '• 4,.:', i'y act and deed, for the uses and purposes the in mentioned. :(4% •`C • �� VFN under my hand and official seal •4 s / day . April, 1960. OF,„., n r w p\sv,r.,,,„, , 41:1)4 ,...._. notary f`ablic in and t`ra• The State of Washington, residing at mi.4 STATE OF WASHINGTON ) • ) ss C(UN 'Y OF KIM ) On this day personally appeared before me FRANCIS J. BRTERE and MARCO.,AANE BRIERS, • :. á/ to ase known to be the individuals described in and who executed the within NLfmg instrument, and acknowledged that they signed the same as their free -;-*•,• �, ••• ict and deed, for the uses and purposes therein mentioned. . .:� sv.;;APJ# o, . :. - -= under my hand and official seal this -' ' day of' Apr 1, 1960. r. .-1, s..j L . � � -ii 1 i1 ^S1` o ry Public in and ?or the State of Wash-ngton, residing at Renton. -3- I 1 I 1 • • STATE OF WASHITaCT3N ) ) as COUNTY OF KING ) On this .cam day of)/ a 1960, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared JOE R. BAXTER and VERN H. MORRIS, to me known to be the Mayor and City Clerk 1� 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 they were authorised to execute the said instrument and that the seal affixed is the corporate seal of said corporation. • Witness my hand and official seal hereto affixed the day and year first t t to -`� �.. h �. F„'-', �/ .h.'c !-'tel am. -f--d---1 _.- # • T 04 .. o Ory `, g c nen. or y Zm, > ,� =. of Washington, residing at Renton. • -sled tor Record - ty Requast of r 4 . •- ROBEfef A. M3RRt:;, 24-r 11147 . 57 4 if ell ‘4 . GRANT OF EASEMENT THE GRANTORS, LOWELL C . WEINBERG and ALEGRIA E. WEINBERG, his wife, r..: for a good and valuable consideration to them in hand paid, do hereby j •• grant, bargain, sell, convey and confirm unto THE CITY OF RENTON, a s municipal corporation of the second class, organized and existing under the laws of the State of Washington, an easement for the construction, ,r re-construction, maintenance and operation of water mains and other munici- pal, public, and utility purposes in the following described land situated in King County, Washington, to-wit : The south 30 feet of the north half of the north half of the • north half; and the north 30 feet of the south half of the north half of the north half; all in the southwest quarter of the northwest quarter of Section 3, Township 23 north, Range 5 east W.M. , LESS County Roads. This easement is given in compliance with the terms of that certain agreement entitled "Permit and Option to Purchase" , dated the 26th day of October, 1959, executed by Francis J . Briere and Marcelane Briere, his wife, Lowell C. Weinberg and Alegria E. Weinberg, his wife, and the City of Renton, and in compliance with the terms of that certain agreement entitled "Agreement" dated the 29th day of April, 1960, and executed by the City of .1 Renton, Lowell C. Weinberg and Alegria E. Weinberg, his wife, and Francis J. Briere and Marcelane Briere, his wife, and in accordance with the terms of said documents, a water main proposed • to be installed within said easement herein granted by the City of Renton shall be installed, operated and maintained at the expense of the grantee tirein and the grantors herein shall not ' be assessed or harged for the constriction of said water main . DATED this . 1 ay May,Y, .,leESO.V. L/(/ [ .. . 064,eg (Z43 u;sa/e074 Lowell C . Weinberg t; . , zo,„..e.1€1 a legr a cr ' STATE OF WASHINGT N SS COUNTY OF KING ,- • On this !f- day of May, 1960, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Lowell C . Weinberg and Alegria E. Weinberg,, his wife, to me known to be the individuals who executed the within and foregoing instrument and acknowledged that they executed said instrument as their free and voluntary act and deed, for the ueo and purposes therein stated . WITNESS my hand and official seal reto affixed the day and year first above written. e . . • Le" 1211S:140 • . Y ,, ��, Notary Public In and for the State of t[ Kent . t . ='; _ 0. • . Washington, resloing atr .=tom. 4� ,, T. ;3 rc .en 1,:r - -",,,,- 1/3101 f"ft,I4t4tt!!�!5•, -, EMERSON B. THATCHER ,t / S5 LAWYER l4ed tar ecoid ,]V ^-`- 3 161 ' i-,4M. OBEP< KENT, WASHINGTON • Request of v d'' �._� it G„ti-•-,,,, RT A, MORRIS ey Au.#i:or