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AGREEMENT AND CONVEYANCE RE
SEWER LINES AND APPURTENANCES
THIS AGREEMENT made and entered into this] day of Arg , 191&
by and between the CITY OF RENTON, a non-charter code city under
the laws and statutes of the State of Washington, hereinafter referred to as "City",
Cl` and M. R. Mastro & I. S. Gamel hereinafter referred
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O to as "DEVELOPER "+
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W I TNESSETH:
WHEREAS DEVELOPER is desirous of installing certain
scwer lines and appurtenances thereto at, near or within the here&bbelo*b 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 DEVELOPER 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. DEVELOPER hereby acknowledges and covcnan*.R '
that he is the owner of the following described property, to-wit:lParcel A: The Westerly
713.54 ft. of the Easterly 1,L30.34 ft. of the Northerly 1,510.74 ft. of Bronnell's
Donation Claim less State Highway less County Road and less beginning at the North-
east corner of said donation claim; thence West 1,430.34 ft. ; thence South 795 ft.
more or less to the South line of State Road No. 2 and true point of beginning;
thence South 300 ft. ; thence East 50 ft. ; thence North to State Road No. 2; thence
Northwesterly along said road to true point of beginning less state highway.
Parcel B: That portion of the Easterly 716.8 ft. of the Northerly 1,510.74 ft. of
Bronnell's Donation Claim lying Southerly of State Highway No. 2. All in Section 13
T23N, R4E, W. M. King County, Washington."
and DEVELOPER hereby agrees and covenants to cause to have
installed the following described improvements, to-wit: 8" Sanitary Sewer with
Appurtenance Beginning at a point on the S. side of SR900, Renton to Seattle, as
now located and on record in the office of the Director of Highways in Olympia,
Wash. ; . said point being approx. fifteen hundred twenty-five (1,525) feet Easterly
of the centerline of 68th Ave. S. (Monster Road) at its intersection with SR900 at
approximate Highway Engineer's Station 80+00, in the SE 4 of the NW 4 of Section 13,
in Township 23 N. Range 4 E. , W. M. , to a point opposite the centerline of 81st
Ave. , S. (City Limits of the City of Renton) , opposite approx. Highway Engineer's
Station 51+00, in the NE 4 of the SE 4 of Section 13, Township 23 North, Range 4
East, W.M.
and such installation to be made in full compliance with all applicable codes and
regulations of the City of Renton. Developer 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 DEVELOPER'S : expense,
and DEVELOPER covenants and agrees to hold the City of
Renton harmless from any liability in connection therewith.
2. DEVELOPER further certifies that the total
estimated cost of said construction as hereinabove specified will be in the sum of
$ 42,601 .37 . Based on said total amount of cost, Xgtix 'XXX
Cl
- the cost ;er front lineal foot (strike out the inapplicable part) of said improvement
N shall be employed to determine the prorate reimbursement to DEVELOPERS
— 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. DEVELOPER 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
its present sanitary sewer system upon approval thereof by the City Engineer and after
inspection of said construction. DEVRT,OPF.R 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. DEVELOPER further
agrees and covenants to pay unto City such service or other charges as may be imposed
by the Ordinance of the City of Renton from time to time applicable to like users of
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
any 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
Cr, be paid out by it unto DEVELOPER under the terms of this agreement
CO within sixty (60) days after receipt thereof. Furthermore, incase any tap, hookup or
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— 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-wit: 5 years
from date hereof, City shall be under no further obligation to collect or make any further
sums unto DEVELOPER
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 by DEVELOPER 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 DEVELOPER •
04.
' D''this day of &e.tgW , 1 .
i — • VI(
CITY 'OF.r• Tba f 1V a Mun:cipal corporation
•cry Garr ., M- o
By M-
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Helmie Nelson, City Clerk
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STATE OF WASHINGTON )
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ik.4 COUNTY OF KING ) //
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r On this 3rd day of -Novembei 3.9Q before me, the undersigned, a
Notary Public in and for the State of Washington, duly commissioned and sworn
(, personally appeared Avery Garrett and Helmie Nelson
,-, to me known to be the Mayor and City Clerk , respectively,
.� oftjk,of :Renton ... the corporation that executed the
t�r-7 11,x ; ,trument, and acknowledged the said instrument to be the free and
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'v4.ti:" % xaZt;and deed of said corporation, for the uses and purposes therein
I. • ' v etedi'aid yan oath stated that authorized to execute the said
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. ! `�I insftrume. nt and that the seal affixed is the corporate seal of said corporation.
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r _; 31•.;r' .' , CJI, . ,SS my hand and official seal hereto affixed the day and year in
c. ' t ,c t iy�a�te above written. _�.
,.) -..�. 1.4!,Y•`",:e.' .� ,,:
CO N tory Public in and for the State
--Lit--22."--,- „41c-e—l---1
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O 'of Washington, residing at Renton.
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e-,-_ STATE OF WASHINGTON ) b' ' • .•
N ) ss it-1t . `!
h'' COUNTY OF KING ) i~tiC :3
On this 6 day of October , l9a, before me, the undersigned, a
rr Notary Public in and for the State of Washington, duly commissioned and sworn
personally appeared M. R. Mastro & I. S. Game]. , to me known to be the 4
individual described in and who executed the foregoing instrument, and acknowledge' _ -
to me that signed and sealed the said instrument as 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.
W7.f.,
Notary Public in an for the St teo a , .�,/
of Washington, residing at ., ,*,4�
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;RECORDED
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”1OP AGE REQUEST OF CIr;
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1971 NOV 12 - fa ! I 33 . .. • -ic, , i
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DIRECTOR C
el k
CD0 , ' RECORDS & ELECTIONSiV
, .- KING COUNTY, WASH. - -
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