HomeMy WebLinkAboutCAG2002-0052 - Original - Soos Creek Water and Sewer District - Chestnut Ridge Park Sewer Line Extension - 08/27/2002 Records Manag' ement,
KENO Document
W A S N I N G T O N
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission to City Clerks Office. All
portions are to be completed, if you have questions, please contact Mary Simmons, City
Clerks Office.
Vendor Name: �o� ErfC-�'y
Contract Number:
This is assigned by Mary Simmons
Vendor Number:
Project Name:C
Contract Effective Date: yL-x
Contract Termination Date: I n Q fA,n I +e-,
Contract Renewal Notice (Days): Q O n —'
Number of days required notice for termination or renewal or amendment
Contract Manager: _J
Department: P�
Abstract: � O
ADCL7832 07/02
INTERLOCAL AGREEMENT FOR SANITARY SEWER IMPROVEMENTS
AT CHESTNUT RIDGE PARK
THIS AGREEMENT is entered into thjs.� ay of u- 2002,by and between
the City of Kent, a Washington municipal corporation(hereinafter"City"), and Soos Creek
Water and Sewer District, a Washington municipal corporation (hereinafter"Soos Creek"),
regarding sanitary sewer improvements at Chestnut Ridge Park.
RECITALS
WHEREAS, the City constructed a park located generally Southwest of the
intersection of South 203rd Street and 100th Avenue Southeast; and
WHEREAS, prior to park development, and because an existing house on the
location had a failing septic system,the City constructed a side sewer and connected it to the
existing Soos Creek sewer line on 203rd Street; and
WHEREAS, Soos Creek has approved connecting the City's public restroom facility
to this side sewer line, and the City has connected the public restroom facility to this side
sewer line; and
WHEREAS, Soos Creek has required, and the City has paid, latecomer's fees; and
WHEREAS, the City, through its contractor, has paid Soos Creek an additional
$20,000 deposit for a water meter installation; and
WHEREAS, Soos Creek has requested that the City construct a sewer main extension
from a manhole to be located mid-way along the park's southern boundary line running West
to connect to the terminus of the current Soos Creek sewer main on 98th Place South; and
WHEREAS, Soos Creek has requested that the City grant an easement for the sewer
main extension;
INTERLOCAL AGREEMENT FOR SANITARY SEWER
IMPROVEMENTS AT CHESTNUT RIDGE PARK- 1
P(ihPFll}l OpmilaeYlltlPin¢lodt,'hemiu WJgePukfioJ don
NOW THEREFORE, in consideration of the mutual promises set forth herein, it is
agreed by and between the parties as follows:
I. AGREEMENT
1. Costs. Soos Creek will pay for all costs associated with engineering, design,
and review of the sewer line extension. The City will pay for all costs
associated with the construction and installation of an 8 inch sewer line
extension as described in Exhibit "A," attached hereto and incorporated
herein by this reference.
2. Installation. Soos Creek will not require installation of the sewer line
extension until such time as the undeveloped land-locked properties
described in Exhibit"A"request sewer service. The City shall complete the
installation of the sewer line extension within 180 days from notification by
Soos Creek of a sewer service request by the landlocked properties, receipt
of design and engineering specifications from Soos Creek and receipt of the
short plat application from Soos Creek. If installation is not substantially
completed within 120 days from of the time specified above, Soos Creek may
complete the installation and be reimbursed by the City for its reasonable
associated costs, including 20% of the cost of construction for the District's
administration and overhead attributable to the project.
3. Easement. The City agrees to grant a sewer line easement on the form
attached hereto as Exhibit`B"and incorporated herein by this reference, for
the extension along the Southern boundary of the City's property line.
4. Force Maieure. The City shall not be deemed in default, failure,violation or
non-compliance with any provision of this Agreement where performance
was rendered impossible due materially, substantially and reasonably to an
act of God, fire, flood, storm or other element or casualty,theft,war, disaster,
strike, lock-out,boycott,prevailing war or war preparation,or bona fide legal
proceedings,beyond the control of the City.
5. Governing Law. If any dispute arises between the City and Soos Creek under
any of the provisions of this Agreement, jurisdiction of any resulting
litigation shall be filed in King County Superior Court, King County,
Washington.
This Agreement shall be governed by and construed in accordance with the
laws of the State of Washington. In any claim or lawsuit for damages arising
INTERLOCAL AGREEMENT FOR SANITARY SEWER
IMPROVEMENTS AT CHESTNUT RIDGE PARK-2
P`LirtlVtLk S OpvnF.lvel)xTlnerlwlLTemiuYUJgPukfiul Jvc
from the parties'performance of this Agreement,the prevailing party shall be
entitled to compensation for all legal costs and attorney's fees incurred in
defending or bringing such claim or lawsuit,in addition to any other recovery
or award provided by law.
6. Modification. No waiver, alteration, or modification of any of the provisions
of this Agreement shall be binding unless in writing and signed by a duly
authorized representative of the City and Soos Creek.
7. Severability. If any part,paragraph, section or provision of this agreement is
adjudged to be invalid by any court of competent jurisdiction, such
adjudication shall not affect the validity of any remaining section, part or
provision of this agreement.
8. Notice. All notices, requests, demands, or other communications provided
for in this Agreement shall be in writing and shall be deemed to have been
given when sent by registered or certified mail, return receipt requested,
address as the case may be , to the addresses listed below for each party, or
to such other person or address as either party shall designate to the other
from time to time in writing forwarded in like manner.
CITY OF KENT SOOS CREEK
Attn: City Clerk Attn: District Manager
220 Fourth Avenue South 14616 S.E. 192"d Street
Kent, WA 98403 Renton, WA 98058-1039
9. Entire Agreement. The written provisions and terms of this Agreement,
together with any Exhibits attached hereto, shall supersede all prior verbal
statements of any officer or other representative of the City, and such
statements shall not be effective or be construed as entering into or forming
a part of or altering in any manner this Agreement. The entire agreement
between the parties with respect to the subject matter hereunder is contained
in this Agreement and any Exhibits attached hereto. All of the above
documents are hereby made a part of this Agreement and form the Agreement
document as fully as if the same were set forth herein. Should any language
in any of the Exhibits to this Agreement conflict with any language contained
in this Agreement, the terms of this Agreement shall prevail.
IN WITNESS WHEREOF, the undersigned hereby affix their hands and seals.
CITY OF KENT SOOS CREEK WATER
AND SEWER DISTRICT
INTERLOCAL AGREEMENT FOR SANITARY SEWER
IMPROVEMENTS AT CHESTNUT RIDGE PARK-3
P—UZLPSOWNFl 4)38—Wlw1{'hem UtWpPuk d
r /f
By: G/ — By:240- F Ste_
Print e: Print Name: Seer
Its: Mayor Its: istrict Manager
Date: a 0.x- Date:
ATTEST:
By
Brenda Jacobe ent City Clerk
APPROVED AS TO FORM: APPR VED AS
By:_ a.... B
Brett C. Vinson, Michael . Hanis
Assistant City Attorney District Legal Counsel
INTERLOCAL AGREEMENT FOR SANITARY SEWER
IMPROVEMENTS AT CHESTNUT RIDGE PARK-4
P Cnl}IIISOpenFilulllXTlnmla.al{'hnepuWidgePu4fioJ Jac
r
EXHIBIT "A"
LOT A
KEELLA #2000-13 20000809000313
f-UUD #35 BOUNDARY
"*
-EX.FENCE � '
ONSiTE
OFFSITE r- — -F _ 6-22- 5
6-22- 5 x i #20 05E � $1Q42
S1048 5'WOOD ON 0 5 \ 30' TEMP. CONSTR.
�CONC_WALL 1 PERMIT 20' PERM. ESMT.
UEDEMAN ELMER W E --` 11'(TYP )
5'
116 5 EX. DRIVEWAY - z � � � �
� MH 917-2
EX.MH STUB I MH 917-1 �� ' _ —
14"PI
x66x 10 ' Si=12"CON W a _
k
4'wooD
- - + vP0
EX.MH STUB E FH POST/RAIL 1 POST/RAIL
x54x 10 (— —1 M
ED
EX.HOUSEI I JUN PIER I I L FF=S 7 J 6
SERVED 1#20415 I 1 �� IEX. SEHOU
I
I I I EX.MH #20410
_ Y
13 �- - I I 1 35-92A I 114 sF I
3 �-- — —�
NOTE SERVED
� I 1
l
VERIFY LOCATI I
EX. SIDE SEWER AND I n EX. SS (TYP.) L
RECONNECT TO NEW
SEWER MAIN AS REQ'D. I u� SERVED
I I to u�
X
--j
12 15
EX.MH 35-92
3' I -j- II
s
SERVED __ I 1 ° o0
- ------ — I ti II m F
Filed for Record at
the request of
SOOS CREEK WATER
AND SEWER DISTRICT
P.O. Box 58039
14616 S.E. 192nd Street
Renton, WA 98058
Easement No.: 6-22-5-S1042
Project: CHESTNUT RIDGE PARK
Tax Parcel ID#: 062205-9126
Grantor(s): CITY OF KENT
A Washington municipal corporation
220 4th Avenue South
Kent, WA 98032
Grantee: SOOS CREEK WATER AND SEWER DISTRICT
AGREEMENT FOR EASEMENT
THIS AGREEMENT, made this day of , 2001, by and
between Soos Creek Water and Sewer District, a municipal corporation of King County,
Washington, hereinafter termed the "District", and CITY OF KENT, A Washington
municipal corporation, hereinafter termed "Grantor',
WHEREAS, Grantor is the owner of land at approximately 20400 block of 98th
Place South, Kent, Washington, legally described as follows:
That portion of the South half of the Northeast quarter of the Southeast quarter of
Section 6, Township 22 North, Range 5 East, W.M., in King County, Washington,
and of Tract 1, Fruitland Addition to Kent, according to the plat thereof recorded in
Volume 7 of Plats, page 40, in King County, Washington;
Beginning at the Southeast corner of the South half of the Northeast quarter of the
Southeast quarter of said Section 6;
F 10410041DOCSVWsc Esmts\S1042 Esrnt C of Kent doc Page 1 of 5 09/19/01
Easement No. 6-22-5-S1042
Thence North 89°57'31"West along the South line of said subdivision 16.50 feet to
the True Point of Beginning;
Thence continue North 89°57'31"West 13.50 feet to the Northeast comer of Tract 1
of said Fruitland Addition to Kent;
Thence South 00004'12"West along the East line of said Tract 1, a distance of 20
feet;
Thence North 89°57'31" West, along the South line of the North 20 feet of said
Tract 1 a distance of 312.86 feet to the West line of the East half of said Tract 1;
Thence South 00°06'24" West along said West line 90 feet;
Thence North 89°57'31"West along the South line of the North 110 feet of the West
half of said Tract 1 a distance of 126.46 feet to the East line of 98th Place South;
Thence Northwesterly along an arc of a curve to the left having a radius of 169.75
feet,the radial center of which bears North 89052'30"West form the last mentioned
point an arc distance of 248.21 feet;
Thence North 00°18'05" West 221.73 feet;
Thence North 89'59'19" East 354.51 feet;
Thence South 00004'12" West 270.54 feet;
Thence South 89°57'31" East 251.00 feet;
Thence South 00*04'12" West 10.50 feet to the True Point of Beginning.
WHEREAS, the District requires an easement for (check those that apply)
0 Sanitary sewer line and appurtenances
❑ Water main and appurtenances
across Grantor's property at a location more specifically described herein below; and
WHEREAS, Grantor has title to said real property and is authorized to grant and
convey this easement to the District.
NOW, THEREFORE, in consideration of the sum of One Dollar($1.00), and other
good and valuable consideration in hand paid, receipt of which is hereby acknowledged,
and in consideration of the performance by the District of the covenants, terms and
conditions hereinafter set forth, Grantor hereby grants, conveys and quitclaims to the
District the following easement:
That portion of the above-described real property further described as follows:
The South 20.00 feet of the West 140.00 feet thereof.
All as shown herein on page 5 of 5 of this easement document.
F\04\004\DOCS1Misc Esmts\S1042 Esmt C of Kent doc Page 2 of 5 09/19/01
Easement No. 6-22-5-S1042
1. DISTRICT'S USE OF PROPERTY. Said easement is for the purpose of installing,
constructing, operating, inspecting, maintaining, removing, repairing, replacing and using
gravity and pressure sanitary sewer mains, manholes and/or water lines and
appurtenances thereto including all valves and fire hydrants (the "facilities"),together with
the nonexclusive right of ingress to and egress from said portion of Grantor's property for
the foregoing purposes.
2. USE OF PROPERTY BY GRANTOR. Grantor shall retain the right to use the
surface of the easement if such use does not interfere with installation or maintenance of
the facilities. Grantor shall not erect buildings or structures of a permanent nature; shall
not install any other improvements including trees, large shrubbery,or fences; and shall not
change surface grades, except as approved in advance by the District, in any manner
which would unreasonably interfere with ingress, egress and access by the District for
installation and/or normal maintenance of the facilities. Such buildings, structures or
improvements will be deemed an encroachment upon the District's rights,and Grantor shall
be obligated to remove such encroachments at Grantor's expense. Further,the provisions
of Paragraph 4 hereof as to restoration shall not apply to any such encroachments in the
easement area. Provided, however,that fences may be constructed which provide gate or
other access approved in advance by the District.
3. RESTORATION AFTER ORIGINAL CONSTRUCTION. For original
construction, Grantor's property will be restored to a condition as good as or better than it
was prior to the entry by the District. Where possible, photographs will be taken prior to
construction to assure the completeness of restoration. Final restoration shall include, as
appropriate, sod replacement in existing lawns, hydro-seeding in unimproved areas, and
replanting or replacement of existing shrubs and bushes,where such will not unreasonably
interfere with the District's use of the easement. Fences, rockeries, and concrete, asphalt
and/or gravel driveways which do not unreasonably interfere with the District's use of the
easement will be repaired or replaced. Large trees that exist within the easement area
may be permanently removed during original construction unless otherwise noted in this
easement document.
4. RESTORATION AFTER MAINTENANCE. If Grantor's property is disturbed
by the maintenance, removal, repair, or replacement of the facilities, the District shall
restore the easement area to a condition as good as or better than it was prior to entry for
such purpose by the District.
5. ATTORNEYS FEES. In case suitor action is commenced by either party, or
their successors and/or assigns,to enforce any rights under this easement, or regarding an
encroachment on the easement, in addition to costs provided by statute,the substantially
prevailing party shall be entitled to an award of attorney's fees in such sum as the Court
may adjudge just and reasonable.
F\04\00400CS0sc Esmts\S1042 Esmt C of Kent doc Page 3 of 5 09/19/01
Easement No. 6-22-5-S1042
6. EASEMENT TO BIND SUCCESSORS. This easement is permanent and
shall terminate only upon agreement of the parties hereto,their successors and/or assigns.
This easement,during its existence, shall be a covenant running with the land and shall be
binding on the successors, heirs and assigns of the parties hereto.
7. EXEMPTION FROM EXCISE TAX. The District is a municipal corporation
with powers of eminent domain. This easement is granted for a public purpose. The
District shall hold Grantor harmless from the imposition or payment of any excise tax based
upon the conveyance of this easement.
IN WITNESS WHEREOF, we have set our hands and seals this day of
, 20Q_
CITY OF KENT, A Washington municipal corporation
Mayor City Clerk
STATE OF WASHINGTON)
COUNTY OF KING ) ss.
On this day of , 20Q lefore me personally appeared
and , to me known to
be the Mayor and City Clerk, respectively, of CITY OF KENT, A Washington municipal
corporation,the corporation that executed the 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.
WITNESS my hand and official seal hereto affixed the day and year above written.
NOTARY PUBLIC in and for the State of Washington
Residing at:
My commission expires:
F\04\004\D0CS\1Asc Esn is\S1042 Esmt C of Kent doc Page 4 of 5 09/19/01
J
EASEMENT NO.6-22-5-S1042
6 5 4
3
2
1 59
49
50 S 203RD ST
KELLA 2000-13
38 20000809000313
51 53
37 LOT A
,26 54
36 16 6-22- 5 52 Lu
s�o42 55 (n
CITY OF KENT
30 29 20' PERM. ESMT
31 E4O' >
32 �.G 28 Q
27 13 14 OO LOT B
26 � C� 0006
2
25 12 15 o
MJ1 Q
�16 24 11 16 Q
001 o C� z
0o
0 17 23 no m 10 rn 17-AZ Z
22 8
18 9 0051 a
19 20 21 18 0052
CHESTNUT RIDGE PARK EASEMENT NO. 6-22-5-S1042
FILE F\04\004\DOCS\MISC ESMTS\KENT ESMTS DWG PAGE 5 OF 5
Filed for Record at
the request of
SOOS CREEK WATER
AND SEWER DISTRICT
P.O. Box 58039
14616 S.E. 192nd Street
Renton,WA 98058
Permit No.: 6-22-5-S1043
Project: CHESTNUT RIDGE PARK
Tax Parcel ID#: 071300-0140
Grantor(s): ROBERT R. & JACQUELYN M. ROBBINS
20410 98th Place South
Kent, WA 98031
Grantee: SOOS CREEK WATER AND SEWER DISTRICT
AGREEMENT FOR LIMITED USE PERMIT
THIS LIMITED USE PERMIT, made this day of , 2001, by and
between Soos Creek Water and Sewer District, a municipal corporation of King County,
Washington, hereinafter termed the "District", and ROBERT R. ROBBINS and
JACQUELYN M. ROBBINS, hereinafter termed "Grantor",
WHEREAS, Grantor is the owner of land at approximately 20410 98th Place South,
Kent, Washington; legally described as follows:
Lot 14, BELVA LANE, according to the plat thereof, recorded in Volume 67 of Plats,
page 9, records of King County, Washington.
WHEREAS, the District requires a Limited Use Permit for(check those that apply)
O Sanitary sewer line and appurtenances
❑ Water main and appurtenances
F\0410041DOMMisc Esmts\S1043 Pemrt Robbins doc Page 1 of 4 09/19/01
Permit No. 6-22-5-S1043
across Grantor's property at a location more specifically described herein below; and
NOW, THEREFORE, in consideration of
($ ), receipt of which is hereby
acknowledged, Grantor hereby grants permission to use the following described real
property (the "property" herein) situated in King County, Washington:
That portion of the above-described real property further described as follows:
The North 20.00 feet of the West 20.00 feet thereof.
All as shown herein on page 4 of 4 of this permit document.
1. USE OF PROPERTY. Said permit is for the purpose of excavating and
constructing a sanitary sewer line(s) and appurtenances thereto and/or water lines and
appurtenances thereto, and for the inspection thereof.
2. USE OF THE PROPERTY BY GRANTOR. During the term of this limited use
permit, Grantor shall not use the property for any purpose which would unreasonably
interfere with the District's permitted activities during the permit period unless such use is
approved in advance by the District.
3. RESTORATION. Upon termination of this permit, the property will be
restored to a condition as good as or better than it was prior to the entry for construction.
Best efforts will be exercised not to damage any private improvements on the property.
However, if such improvements are damaged, they shall be repaired and/or replaced
unless they are such as are not permitted under any permanent easement within the same
property.
4. ATTORNEY'S FEES. In case suitor action is commenced by either party,or
their successors and/or assigns,to enforce any rights under this easement,or regarding an
encroachment on the easement, in addition to costs provided by statute,the substantially
prevailing party shall be entitled to an award of attorney's fees in such sum as the Court
may adjudge just and reasonable.
F\04\00400MMisc Esmis\S1043 Pert"t Robbins doc Page 2 of 4 09/19/01
Permit No. 6-22-5-S1043
IN WITNESS WHEREOF, we have set our hands and seals this day of
, 2001.
Grantor Grantor
STATE OF WASHINGTON)
COUNTY OF KING ) ss.
On this day of , 2001, before me personally appeared ROBERT R.
ROBBINS and JACQUELYN M. ROBBINS me known to be the individuals described in and
who executed the within and foregoing instrument, and acknowledged said instrument to be
the free and voluntary act and deed of said Grantors, for the uses and purposes therein
mentioned.
WITNESS my hand and official seal hereto affixed the day and year above written.
NOTARY PUBLIC in and for the State of Washington
Residing at:
My commission expires:
Accepted By:
=7"
F7-"-
MANAGER - C SD
F\04\004\DOGS\Misc Esmts\S1043 Pemit Robbins doc Page 3 of 4 09/19/01
A � f
PERMIT NO.6-22-5-S1043
6
r\VI
S 203RD ST
KELLA 2000-13
20000809000313
51 53
37 LOT A
,26 54
36 16 52 W
55 U)
30 29
31 W
G) 28 Q
32 13
27 14 S1043 0 LOT B
G,
26 rn ROBBINS f^7�L 0006 =
f� 20'X2O' o
25 12 15 CONST. 9300
J PERM. o 0
o � pop a
16 24 a 11 Iuui 16
0
H 0010
17 230 w 10 0') =j 17 �►
�
18 22
� g 0051 a
a or 0
19 20 21 18 0052 3� E
CHESTNUT RIDGE PARK PERMIT NO. 6-22-5-S1043
FILE F \04\004\DOCS\MISC ESMTS\KENT ESMTS DWG PAGE 4 OF 4