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AGREEMENT AND CONVEYANCE
RE: UTILITIES SYSTEMS
THIS AGREEMENT made and entered into this 15th- '-day of ally 1981
by and between the CITY OF RENTON , a municipal corporation acting as a Non-
Charter Code City, under the laws and statutues of the State of Washington, •
- hereinafter referred to as "City", and EUGENE M. RICHARDS and J. A. HOLMES
hereinafter referred to as 'Developer";
W I T N 1 S S H T I1 :
4243
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D WHEREAS "The Developer" is desirous of installing certain water lines and
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-- appurtenances thereto at , near, or within the hereinbelow described property
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CD and to connect same to the City ' s Utility System so that such improvements will
aa 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 Facili-
ties Act , (RCW 35 . 91 . 101 et seq) " ; and
WHEREAS "The Developer" is willing to pay all the costs and expenses for
the installation of said improvements ;
NOW THEREFORE , IT IS HEREBY AGREED AND COVENANTED BY AND BETWEEN THE
AFORESAID PARTIES AS FOLLOWS:
1 . The "Developer" hereby acknowledges and covenants that the is the owner
of the following described property, to-wit :
Lam 21, 22, 23, 24, 25, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 Ln 'Mock 30, C. D.
H-i 1;2man'4 EaAtington Gatden2s DiviAion No. 1, £ezz State Highway. , _ _ _
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and the "Developer" hereby agrees and covenants to cause to have installed the
following described improvements , to-wit :
330 t. 4. o6 12" D.I. wate tLLne and 210 t.4. a4 8" D. I. wate eine and 2 6-vc.e h ydnant)s and
2 12" Gate vaJve6 pus appuhtenanceis, inistatEed to Raymond Ave. SW; and Seneca Ave. SW
non th o SW 16th St.
and such installation to be made in full compliance with all applicable codes
and regulations of the City of Renton. The "Developer" further covenants and
warrants that all expenses and claims in connection with the construction and
installation of the aforesaid improvements , whether for labor or materials or
both have been or will be paid in full , all at the "Developer' s" expense ,
and the "Developer" covenants and agrees to hold the City of Renton harmless
from any liability in connection therewith.
St of 1% EXCISE TAX NOT REQUIRM
FILED for Record at RequeKing Co. Records Division
tf2s. , Deputy
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2 . The "Developer" further certifies that the total estimated cost of
said construction as hereinabove specified will be in the sum of
$ 14,280.00 . Based on said total amount of cost , XXX (
MIM/or the cost per front lineal foot (strike out the inapplicable part)
of said improvement shall be employed to determine the pro rata reimbursement
to the "Developer" 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 connec-
ts tions to laterals or branches connecting thereto , all subject to the laws and
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CD ordinances of the City of Renton and the provisions of this Agreement . It is
OD hereby further agreed that in the event the total actual cost of the afore-
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-- described improvement shall be different from that set forth hereinabove ,
then this Agreement will be duly amended to set forth the total actual cost
thereof. Theo.° Hata cost pen tinea . g. .us $16. 1599/. 6.
3. It is hereby found and determined that the construction and installation
said aforedescribed improvement is in the public interest and in furtherance
of public health and. sanitation.
4 . The "Developer" hereby agrees and covenants to convey, transfers 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 en-
cumbrance of any party whomsoever ; City agrees to accept and maintain said
improvement as part of its present Utilities Systems upon approval thereof by
the City Engineer and after inspection of said construction. The "Developer"
further agrees and covenants to execute and to deliver unto the 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. The "Developer" further agrees and covenants
to pay unto the 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 to tap into , hookup unto or use any such facilities or exten-
sions thereof during the period of 10 years from date hereof, without
first paying unto the City, in addition to any and all other costs , fees
and charges made or assessed for each tap, hookup or use , or for the water
main facilities constructed in connection therewith, the amount required
by the provisions of this contract . All amounts so received by the City
shall be paid out by it unto The "Developer" under the terms of this
agreement within sixty (60) days after receipt thereof. Furthermore, in
case any tap , hookup or connection is made into any such contracted
ta 11 03
BYT'hE D r•'1.41401o
CORDS ;IONS
KING CANTY.
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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 (title 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 , towit : Ten (10) years from date hereof, City shall be under
no further obligation to collect or make any further sums unto the "Developer'.
The decision of the City Engineer or his authorized representative in
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determining or computing the amount due from any benefited owner who wishes
0 to hookup to such improvement , shall be final and conclusive in all re-
CD spects .
c0 6 . The CITY reserves the right , without affecting the validity or terms
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00 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 .
7 . It is further agreed and understood that the aforedescribed improve-
ments to be undertaken and paid for by Deve opetc
have been or are about to be connected with the Utilities Systems 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 utilities systems .
8 . This agreement shall be placed for record with the King County
Auditor' s Office immediately upon execution thereof and all costs of record-
ing shall be the responsibility of the "Developer" .
DATED THIS .7' i`= DAY OF U ,at- ,1981
CITY OF RENTON, a" Municipal Corporation DEVELOP °1:
V By: : - 1
By:
Mayor 0
By : 00.41-10 ( By , 1.134.411....
City
il—
City Clerk E gene M. '4.chwubs
STATE OF WASHINGTON) JL ,
) ss
COUNTY OF KING )
On this day personally appeared before me
known to be respectively, of the municipal
corporation 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 and purposes therein mentioned, and on oath stated that they
were authorized to execute said instrument and that the seal affixed is the
corporate seal of said corporation.
GIVEN under my hand and official seal this 77 day of 4_ l9_/
Ao/' -
AMP- - e
Notary Pu•lic in an. or e St to o
Washington, residing at
FOR RECORD AT REQUEST OF
SUBSCRIBED AND SWORN TO BEFORE ME
this -' da .f 19 , 81
/,l/_ice!%/IL•' - /
• "" `ICE OF THE CITY CLERK
otary Public in,and t e S.:to of Was 'ngton
residing at /� _ MUNICIPAL BLDG.
200 MILL AVE. SO.
• • RENTON, WA 98055 •