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HomeMy WebLinkAboutCAG1992-0532 - Original - Covington Water District - Water Service Agreement with CoK & Cedar River Water & Sewer District - 06/03/1992 WON� y MU US" ••• C-r ., trt C Ct�..c�l k(x A) WATER SERVICE AGREEMENT CITY OF RENT -- COVINGTON WATER DISTRICT and CGu+;!,^:p finC Jfx'"dam. n. ,,r;fo txstc ars.wt- CEDAR RIVER WATER & SEWER DISTRICT ,;ttat;Vt tna G+x:�a�.i THIS AGREEMENT, executed this rv1 t ;( day of 199.1, by and between the City of Kent, a Washington municipal corporation (hereinafter the "City") , and the Covington Water District, and Cedar River Water and Sewer District, both water districts organized under Title 57 of the Revised Code of Washington (RCW) , (hereinafter the "District") : W I T N E S S E T H: WHEREAS, the City, for the municipal purpose of obtaining a groundwater supply source for the City water system, has annexed an ' island' area legally described in Exhibit A attached hereto and incorporated herein by this reference (the "Clark Springs" area) , which is within the District' s service area; and WHEREAS, the District intends to construct a water storage 4 facility easterly of the Clark Springs area to serve the District; and WHEREAS, the District intends to provide water service to an area that lies easterly of the Clark Springs area (the "Ravensdale" 4 area) ; and - WHEREAS, the only feasible route available to the District to 4 'J construct a water service transmission line to the Ravensdale area lies generally along the Kent-Kangley Highway as it crosses through the Clark Springs area; and WHEREAS, the City desires to authorize the District to construct and operate a water service transmission line through the Clark Springs area; and CD N WHEREAS, both the City and the District are public agencies 0 authorized by law to engage in furnishing domestic water service, O and to that end, may, through their legislative authorities, enter `r into a contract with respect to the rights, powers, duties and obligations of the parties regarding the use and ownership of the facilities, the right to promulgate rules and regulations, to levy and collect special assessments, rates, charges, service charges and connection fees, the performance of contractual obligations and any other matters arising out of the provision of District service to areas within the City, all pursuant to and in accordance with RCW Sections 39. 34 . 080, 35. 67 . 020 and 57 . 08 . 060 ; NOW, THEREFORE: PAGE 1 OF 15 The parties hereto mutually agree as follows: Section 1. AUTHORIZATION TO CONSTRUCT AND OPERATE A WATER SERVICE TRANSMISSION LINE. The City does hereby authorize the District to construct and operate a water service transmission line, as specifically described in Exhibit B attached hereto, through the Clark Springs area, which area lies within the corporate boundaries of the City and now serves as the City's Clark Springs water supply source, all in accordance with and subject to the provisions, terms and conditions of this Agreement. The City's authorization given herein extends only to the District' s construction and operation of a water service transmission line through the Clark Springs area in order to provide water system service to areas lying outside of the Clark Springs area within the District's established service area. THE CITY DOES NOT AUTHORIZE, EITHER EXPRESSLY OR IMPLIEDLY, THE CONSTRUCTION OR OPERATION OF ANY SEWERAGE SYSTEMS OR FACILITIES WITHIN THE CLARK SPRINGS AREA, EVEN THOUGH THE DISTRICT MAY HAVE THE GENERAL POWERS TO CONSTRUCT AND OPERATE A SEWER SYSTEM AND RELATED FACILITIES WITHIN ITS SERVICE AREA. The City' s authorization to provide service shall extend for 25 years after the effective date of this Agreement, and shall further include the right and privilege to lay down, construct, M relay, connect, replace and/or maintain such and so many pipes, conduits and mains, and all other appurtenances and appendages thereto, in, along, through and under the Kent-Kangley highway in CD N that portion of the Kent City limits as specifically described in O Exhibit B as may be necessary, convenient and/or proper in order to provide water and service and for that purpose to make any and all connections which may be necessary, convenient and/or proper lT• between said pipes, conduits and mains. If District is not in substantial breach hereof following expiration of the intial term, City may, at its sole option, extend this agreement for an additional 25 years upon the written consent of the District. Section 2 . AUTHORITY TO MANAGE, REGULATE AND CONTROL WATER SYSTEM. After the construction of the water facilities as contemplated under this Agreement, the District shall have the sole responsibility to maintain, manage, conduct and operate its system of water service as installed within the Clark Springs area described in Exhibit B, together with any additions, extensions and betterments thereto. Section 3 . NON-EXCLUSIVE GRANT. This grant or privilege shall not be deemed or held to be exclusive. It shall in no manner prohibit the City from entering into other agreements or franchises of a like nature or franchises for other public or private utilities, in, over, along, across, under and upon any of the streets, avenues, highways, alleys or public places, or ways as herein enumerated, and shall in no way prevent or prohibit the City PAGE 2 OF 15 from using any of said streets, avenues, etc. , or affect its jurisdiction over them or any part of them with full power to make all necessary changes, relocations, repairs, or maintenance of same as it deems fit. Section 4. APPROVAL OF PLANS. Prior to construction of any of the pipes, conduits, mains, side sewers and appurtenances in the locations described in Section 1 herein, the District shall submit, to the Director of Public Works (hereinafter the "Director") , in �� rwaM�9 triplicate, plans drawn to an accurate scale, showing the exact ,a;pd ,enm.�! 0 location, character, position, dimension, depth and height of the xud es 1. c°slrrra work to be done. The plans shall accurately depict the relative aqua art. 'M" position and location of all pipes, conduits, mains, manholes an appurtenances to be constructed, laid, relaid, installed, replaced, repaired, connected or disconnected, and the existing right-of-way or property lines. All right-of-ways denoted thereon shall be designated by their names and number and the local improvements therein such as roadway pavement, shoulders, sidewalks, curbs, gutters, ditches, driveways, parking strips, telephone or electric distribution poles, conduits, storm, gas or water pipe lines as may exist on the ground or area sought to be occupied shall be outlined. In the construction proposed by the District, all materials and equipment shall be of the first class type and kind. The exact Cn class and type to be used shall be shown on the plans, as will the M equipment to be used and the mode of safeguarding and facilitating 01% the public traffic during construction. The manner of excavation, V construction installation, backfill, and temporary structures (such CV as traffic turnouts, road obstructions, etc. ) shall meet with the � approval of, pass all requirements of, and be constructed under the Nsupervision of the Director. Prior to approval of any work under Cr this agreement, the Director may require such modifications or changes as he or she deems necessary to properly protect the public in the use of the public places, and may fix the time or times within and during which such work shall be done. The District shall pay to the City such amounts as, in the judgment of the Director, are reasonably necessary to investigate and process any plans for construction work, to inspect such work, to secure proper field notes for location, to plat such locations on the permanent records of the City Public Works Department, to supervise such work, or to inspect or reinspect as to maintenance, during the progress of or after the repair of, any of the initial construction authorized by this Agreement. Section 5. PROTECTION OF PUBLIC. Whenever an excavation or fill from the construction, maintenance or repair of the facilities authorized under this Agreement has caused or contributed to a condition that appears to substantially impair the lateral support of the adjoining street or public place, or endangers the City' s Clark Springs water supply source, or otherwise endangers the PAGE 3 OF 15 public, an adjoining public place, street utilities or City property, the Director may direct the District, at its own expense, to take actions to protect the public, adjacent public places, City property and street utilities, and may require compliance within a prescribed time. In the event that the District fails or refuses to take the actions directed promptly, or fails to fully comply with such directions given by the Director, or if emergency conditions exist which require immediate action, the City may enter upon the property and take such actions as are necessary to protect the City's Clark Springs water supply source, the public, the adjacent streets or street utilities, or to maintain the lateral support thereof, including placing of temporary shoring, backfilling, alteration of drainage patterns and any other actions reasonably necessary to decrease the possibility of injury to persons or public and private property, or any other actions regarded as necessary safety precautions, and the District shall be liable to the City for the costs thereof. Section 6. PROTECTION OF CLARK SPRINGS WATER SUPPLY SOURCE. The District shall not withdraw ground or surface waters that contribute, directly or indirectly, to the water supply within the Clark Springs Aquifer without first consulting the Director of M Public Works of the City of Kent and obtaining his or her prior n approval to make such withdrawal. Upon the District's submission Q` of sufficient documentation that the Clark Springs Aquifer water D supply will not be adversely affected, such approval by the City's Q Director of Public Works will not be unreasonably withheld. A map CDdiagramming the surface boundaries of the Clark Springs Aquifer is ;v attached hereto as Exhibit C and incorporated herein by this ON reference. Section 7 . REPAIR OF STREETS, SIDEWALKS AND PUBLIC PLACES. After construction, maintenance or repair of the facilities authorized by this Agreement, the District shall leave all streets, avenues, highways or public places in as good and safe condition in all respects as they were before commencement of such work by the District, its agents or contractors. The Director shall have final approval of the condition of such streets and public places after completion of construction. Section 8 . COMPLETION OF CONSTRUCTION. Construction of the facilities herein contemplated will be completed by December 31, 1993 , provided that such time limit shall not apply to delays caused by acts of God, strikes or other occurrences over which the District has no control, or necessary eminent domain litigation. Section 9 . INDEMNIFICATION. The District hereby releases, covenants not to bring suit and agrees to indemnify, defend and hold harmless the City, its officers, officials, employees, agents and representatives from any and all claims, costs, judgments, PAGE 4 OF 15 awards or liability to any person, including claims by the District's own employees to which the District might otherwise be immune under Title 51 RCW, arising from injury or death of any person or damage to property of which the negligent acts or omissions of the District, its agents, servants, officers or employees in performing this Agreement are the proximate cause. The District further releases, covenants not to bring suit and agrees to indemnify, defend and hold harmless the City, its officers, officials, employees, agents and representatives from any and all claims, costs, judgments, awards or liability to any person (including claims by the District's own employees, to which the District might otherwise be immune under Title 51 RCW) , arising against the City solely by virtue of the City's ownership or control of the rights-of-way or other public properties, by virtue of the District's exercise of the rights granted herein, or by virtue of the City' s permitting the District' s use of the City's rights-of-way or other public property, based upon the inspection or lack of inspection of work performed by the District, its agents and servants, officers or employees in connection with work authorized on the City's property or property over which the City has control, pursuant to this Agreement or pursuant to any other permit or approval issued in connection with this Agreement. This covenant of indemnification shall include, but not be Cn limited by this reference to, claims against the City arising as a n result of the negligent acts or omissions of the District, its Q` agents, servants, officers or employees in barricading or providing Nother adequate warnings of any excavation, construction, or work in 0 any public right-of-way or other public place in performance of CD work or services permitted under this Agreement. Inspection or N acceptance by the City of any work performed by the District at the (TT time of completion shall not be grounds for avoidance of any of these covenants of indemnification. Said indemnification obligations shall extend to claims which are not reduced to a suit and any claims which may be compromised prior to the culmination of any litigation or the institution of any litigation. In the event that the District refuses the tender of defense in any suit or claim, said tender having been made pursuant to the indemnification clauses contained herein, and said refusal is subsequently determined by a court having jurisdiction (or such other tribunal that the parties shall agree to decide the matter) to have been a wrongful refusal on the part of the District, then the District shall pay all of the City' s costs for defense of the action, including all reasonable expert witness fees and reasonable attorneys' fees and the reasonable costs of the City, including reasonable attorneys' fees of recovering under this indemnification clause. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4 . 24 . 115, then, in the event of liability for damages arising out of bodily injury to persons or PAGE 5 OF 15 damage to property caused by or resulting from the concurrent negligence of the District and the City, its officers, officials, employees or agents, the District's liability hereunder shall be only to the extent of the District' s negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE DISTRICT'S WAIVER OF IMMUNITY UNDER TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THIS WAIVER HAS BEEN MUTUALLY NEGOTIATED BY THE PARTIES. Section 9 . INSURANCE. The District shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the exercise of the rights, privileges and authority granted hereunder to the District, its officers, officials, agents, employees. The District shall provide evidence of such insurance to the City for its inspection prior to the adoption of this agreement, and such insurance shall evidence: A. Automobile Liability Insurance with limits no less than $1, 000, 000. 00 Combined Single Limit per accident for bodily injury and property damage; and C^ B. Commercial General Liability In- cr, surance written on an occurrence N basis with limits no less than CD $1, 000, 000. 0o Combined Single C11 Limit per occurrence and $1, 000, 000. 00 aggregate for � personal injury, bodily injury and property damage. Any deductibles or self-insured retentions must be declared to and approved by the City. Payment of deductible or self-insured retention shall be the sole responsibility of the District. The insurance obtained by the District shall name the City, its officers, officials, employees and agents as insureds with regard to activities performed by or on behalf of the District. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or agents. In addition, the insurance policy shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer' s liability. The District's insurance shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance maintained by the City, its officials, officers, employees or agents shall be in excess of the District' s insurance and shall not contribute with it. PAGE 6 OF 15 The insurance policy or policies required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. Section 10. RELOCATION OF LINES AND FACILITIES. The District agrees and covenants at its sole cost and expense, to protect, support, temporarily disconnect, relocate or remove (subject to the provisions below) any of its facilities when required by the City by reason of traffic conditions or public safety, street vacations, dedications or new rights-of-way and the establishment and improvement thereof, freeway construction, change or establishment of street grade, or the construction of any public improvement or structure by any governmental agency acting in a governmental capacity, provided that the District shall in all such cases have the privilege to temporarily bypass, in the authorized portion of the same street upon approval by the City, any water line or portion thereof required to be temporarily disconnected or removed. f"'? M The City acknowledges that the District's facilities to be 0` installed herein are substantial and cannot be relocated without O N District suffering inordinate expense. The City will make its best CD effort to design or redesign streets, avenues, alleys or public Oplaces or ways, and other City utilities to forego and minimize the N impact thereof on the District's facilities, including the need to lT require the District' s facilities to be relocated. PROVIDED HOWEVER, that the City shall make the final determination on the need for relocation of the District' s facilities. Whenever the City determines that any of the above circumstances necessitate the relocation of the District' s then existing facilities, the City shall provide the District with at least one hundred twenty (120) days written notice requiring such relocation, which shall be completed by the District at no cost and within the time frame set by the City. Upon the District's failure to complete relocation of its installations and facilities as so directed, the City may remove same at the District's expense. The parties agree to coordinate their respective construction work and schedules in such event. Section 11. EXCAVATION. During any period of installation, relocation, maintenance or repair of the District's facilities and installations, all surface structures, if any, shall be erected and used in such places and positions within said public rights-of-way and other public properties so as not to contaminate, harm or otherwise injure the City' s Clark Springs water supply source and so as to interfere as little as possible with the free passage of traffic and the free use of adjoining property, and the District PAGE 7 OF 15 shall at all times post and maintain proper barricades during such period of construction as required by state law or City ordinance. Whenever the District shall excavate in any public right-of- way or other public property for the purpose of installation, repair, maintenance or relocation of its facilities, it shall apply to the City for a permit to do so and shall give the City at least three (3) working days notice thereof. Emergency repairs may be conducted without such three (3) day notice; however, such notice as is practical shall be given. During the progress of the work, M{,: n the District shall not contaminate, harm or otherwise injure the , City's Clark Springs water supply source nor shall the District �. „..., .< unnecessarily obstruct the passage or proper use of the rigbedo - , ht `a, > way, and shall file maps or plans with the City (as described in Section 3 herein) showing the proposed and final location of the water facilities. If either the City or the District shall at any time plan to make excavations in any area covered by this Agreement and as described in this Section, the party planning such excavation shall afford the other, upon receipt of a written request to do so, an opportunity to share such excavation, PROVIDED THAT: (1) such Q� joint use shall not unreasonably delay the work of the party 0 causing the excavation to be made; (2) such joint use shall be arranged and accomplished on terms and conditions satisfactory to CD t` both parties; and (3) either party may deny such request for safety CD reasons. O' Prior to commencement of any construction authorized by this Agreement, the District shall reference all monuments and markers of every nature relating to highways and all other surveys. The reference points shall be so located that they will not be disturbed during the District' s operations under this Agreement. The method of referencing these monuments or other points to be referenced shall be approved by the Director before placement. The replacement of all such monuments or markers disturbed during construction shall be made as expeditiously as conditions permit and as directed by the Director. The costs of monuments or other markers lost, destroyed, or disturbed and the expense of replacement by approved monuments shall be borne by the District. Section 12 . COMPLIANCE WITH LAWS. The District, its subcontractors, employees or any person acting on behalf of the District shall keep him/herself fully informed of all federal and state laws, and all municipal ordinances and regulations which in any manner affect the work or performance of the work authorized under this Agreement, and shall at all times observe and comply with such laws, ordinances and regulations, whether or not such laws, ordinances or regulations are mentioned herein, and shall indemnify the City, its officers, officials, agents, employees or PAGE 8 OF 15 representatives against any claim or liability arising from or based upon the violation of any such laws, ordinances or regulations. Section 13 . DISCRIMINATION. The District agrees that it shall not discriminate against any employee or applicant on the grounds of race, creed, color, religion, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap, provided that the prohibition against discrimination in employment because of handicap shall not apply if the particular disability prevents the proper performance of the particular worker involved. The District shall ensure that applicants are employed, and that employees are treated during employment without discrimination because of their race, color, religion, sex, national origin, creed, marital status, age or the presence of any sensory, mental or physical handicap. The District shall take such action with respect to this Agreement as may be required to ensure full compliance with Chapter 49 . 60 RCW. Section 14 . CITY CONSTRUCTION ADJACENT TO DISTRICT INSTALLATION. The laying, construction, maintenance and operation of the said District's system of water lines, pipes, conduits, mains, etc. , authorized under this Agreement shall not preclude the City or its accredited agents and contractors from blasting, n grading or doing other necessary road or utility work contiguous to C71- the said District' s pipe lines, provided that the District shall have thirty (30) days notice of said blasting or excavation in O order that the District may protect its line of pipe and property. O In the event of an emergency, such work may be conducted without �y giving thirty (30) days notice; however, such notice as is LT practical shall be given. Section 15. MODIFICATION. The City and District hereby reserve the right to alter, amend or modify the terms and conditions of this Agreement upon written agreement of both parties to such alteration, amendment or modification. Section 16. TERMINATION; BREACH. If the District willfully violates or fails to comply with any of the provisions of this Agreement, or through willful or unreasonable negligence fails to heed or comply with any notice given the District under the provisions of this Agreement, or persistently disregards laws, ordinances or instructions of the Director, then the City may, without prejudice to any other right or remedy and after giving the District five (5) days written notice, terminate this Agreement. Section 17 . REMEDIES TO ENFORCE COMPLIANCE. In addition to any other remedy provided herein, the City reserves the right to pursue any remedy to compel or force the District and/or its successors and assigns to comply with the terms hereof, and the pursuit of any right or remedy by the City shall not prevent the City from thereafter declaring this Agreement terminated for breach PAGE 9 OF 15 of the conditions herein. District shall have the right of specific performance of the terms hereof in the event of City's breach. Section 18. CITY ORDINANCES AND REGULATIONS. Nothing herein shall be deemed to direct the City's ability to adopt and enforce all necessary and appropriate ordinances regulating the performance of the conditions of this Agreement, including any reasonable ordinance made in the exercise of its police powers in the interest of the public safety and for the welfare of the public. The City shall have the authority at all times to control by appropriate regulations the location, elevation and manner of construction and maintenance of any water and sewer facilities by the District, and the District shall promptly conform with all such regulations, unless compliance would cause the District to violate other requirements of law. Section 19. ASSIGNMENT. The District may not assign the rights, duties and obligations under this Agreement without the prior, written consent of the City, which consent shall not be unreasonably withheld. If such consent is given for assignment, acceptance of the assignment shall be filed by the District's successor with the City. CV O Section 20. SUCCESSORS AND ASSIGNS. All the provisions, CD conditions, regulations and requirements contained in this N Agreement shall be binding upon the successors and assigns of the 0� District, and all privileges of the District shall inure to its successors and assigns equally as if they were specifically mentioned herein. Section 21. GOVERNING LAW; JURISDICTION OF DISPUTES. This Agreement shall be construed in accordance with the laws of the State of Washington, and jurisdiction of any resulting dispute shall be in King County Superior Court, King County, Washington. Section 22 . NOTICE. Any notice or information required or permitted to be given to the parties under this Agreement may be sent to the following addresses unless otherwise specified: THE CITY OF RENT COVINGTON WATER DISTRICT Director of Public Works Don Wickstrom 18631 S.E. 300th Place 400 West Gowe Kent, Washington 98042 Kent, Washington 98032 CEDAR RIVER WATER & SEWER DISTRICT 18300 S.E. Lake Youngs Road Renton, Washington 98058-9799 PAGE 10 OF 15 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. THE CITY OF KENT COVINGTON WATER DISTRICT by ` --- by \ t stir �P. �� its — its ATTEST: by its ' BRENDA JACOBER,, TY CLERK by its CrIl t") O CV CD CEDAR RIVER WATER & SEWER DISTRICT ti CD CJ1 01-• by Lorraine M. Sny(fttr its President by its by its APPROV S TO FORM: o A. Lubovich, Kent City- Attorney PAGE 11 OF 15 STATE OF WASHINGTON) ) ss. COUNTY OF KING ) �_. I cer if that I know or have satisfactory evidence that is the person who appeared before me, and said p rson acknowledged that he/she signed this instrument as the Mayor of the City of Kent, which executed this instrument, and said person on oath stated that he/she was authorized to execute the instrument and acknowledged it to be the free and voluntary act and deed of the City of Kent for the uses and purposes mentioned in this instrument. r DATED: ,�stottttt��a 4Z;� t NOTARY PUBLIC in and for the lid State ,9f Washington, residing at a r r :, My commis ion exp res �C` Q� CN CD N STATE OF WASHINGTON) CD ) ss. C1 0711, COUNTY OF KING ) I certify that I know or have satisfactory evidence that Y,G %/%A)eA- <j� ; � is the person who appeared before me, and said person acknowledged that he/she signed this instrument as a Commissioner of the Covington Water District, which executed this instrument, and said person on oath stated that he/she was authorized to execute the instrument and acknowledged it to be the free and voluntary act and deed of the Covington Water District for the uses and purposes mentioned in this instrument. DATED: 4 1jqz- 45LRY PUBLIC in a d for the State pf iWashington, residing at ��..��` My commission expires - PAGE 12 OF 15 STATE OF WASHINGTON) ) ss. COUNTY OF KING ) I certify t at I know or have satisfactory evidence that 6 ff- Zi I Aaro is the person who appeared before me, and saicT person acknowledged that he/she signed this instrument as a Commissioner of the Covington Water District, which executed this instrument, and said person on oath stated that he/she was authorized to execute the instrument and acknowledged it to be the free and voluntary act and deed of the Covington Water District for the uses and purposes mentioned in this instrument. DATED: NO ARY PUBL C in and or the State qf Hashington, residing at My commission expires C Q` CD CV •.� CD ice•- �" CD C\1 STATE OF WASHINGTON) Q' ) s s. COUNTY OF KING ) I cer ify t at I know or have satisfactory evidence that /—us, r4amte'S4 is the person who appeared before me, and laid person ackpowledged that he/she signed this instrument as a Commissioner of the Covington Water District, which executed this instrument, and said person on oath stated that he/she was authorized to execute the instrument and acknowledged it to be the free and voluntary act and deed of the Covington Water District for the uses and purposes mentioned in this instrument. DATED: N TARY PUBL i an or the State of Washington, residing at My c mmission expires PAGE 13 OF 15 4'j U c? i STATE OF WASHINGTON) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that ti-X VGA ,v •�- - is the person who appeared before me, and t�c, owl`gd� d that he/she signed this instrument as �. a immi`ssioner> of hw C Mr River Water & Sewer District, which executed this instrument, and said person on oath stated that he/she was authorized to execute the instrument and acknowledged it to be the free and voluntary act and deed of the Cedar River Water & Sewer District for the uses and purposes mentioned in this instrument. DATED: E. I - ��ose."��.a �0 State fU �n �a�d �' the si in g at '"- My commis ali`C*x" °2 f`�. 13 l J O STATE OF WASHINGTON) ss. Or-- COUNTY OF KING ) O `v I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument as a Commissioner of the Cedar River Water & Sewer District, which executed this instrument, and said person on oath stated that he/she was authorized to execute the instrument and acknowledged it to be the free and voluntary act and deed of the Cedar River Water & Sewer District for the uses and purposes mentioned in this instrument. DATED: NOTARY PUBLIC in and for the State of Washington, residing at My commission expires PAGE 14 OF 15 STATE OF WASHINGTON) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument as a Commissioner of the Cedar River Water & Sewer District, which executed this instrument, and said person on oath stated that he/she was authorized to execute the instrument and acknowledged it to be the free and voluntary act and deed of the Cedar River Water & Sewer District for the uses and purposes mentioned in this instrument. DATED: NOTARY PUBLIC in and for the State of Washington, residing at My commission expires C'r) C'7 Q` U Ctl CD N CD CV (TN PAGE 15 OF 15 EXHIBIT A City of Rent Clark Springs Island Annexation Area A tract of land containing three hundred twenty (320) acres, more or less, on the basis of the United States Government Survey, more particularly described as follows: The South 1/2 of Section 26, Township 22 North, Range 6 East, Willamette Meridian, located in King County, Washington. ('r1 ON O N O ti O N S EXHIBIT B That portion of the established right-of-way along S.E. Kent Kangley Road within that portion of the Clark Springs watershed annexed into the City of Kent, all within the South 1/2 of Section 26, Township 22 North, Range 6 East, W.M. M CV) all- CD C11 CD rl- CD CV Q` •a■ .dam I I I\ 1 r` �\.� . \ . �,a J• � Me• � I , • AQ 23 �� Y9 C E C K S �S } 'i" ✓� �� O �� ESTIMATih";tMITS U o• � // ,; � � ,OF AQU FER = v _ V1 Sk. 1 a ID ROPEOTY _• LYRITS; . S 34 15 4 I j� 31 OD EXISTING FACILIT woo ir AGUFM ------- 01- _ v � •*, �� CD CLARK SPRINGS CD ' _� -- cI I f/. •sl- •... // /; . � G1 WATERSHED • �- (AQUIFER) 10