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HomeMy WebLinkAboutCAG2002-0028 - Original - Covington Water District - Joint Transmission Facilities Conveying Water - 02/05/2002 AGREEMENT BETWEEN THE CITY OF KENT AND COVINGTON WATER DISTRICT FOR OWNERSHIP,CONSTRUCTION AND OPERATION OF THE KENT/COVINGTON JOINT TRANSMISSION FACILITIES CONVEYING WATER FROM THE TACOMA SECOND SUPPLY PIPELINE THIS AGREEMENT dated this day of 2002, by and between the City of Kent ("Kent'), a municipal corporation, and Covington Water District ("Covington"), a municipal corporation RECITALS: WHEREAS, Kent and Covington are authorized to enter into this agreement under the authority of their respective enabling legislation and under the authority of RCW 3934, the INTERLOCAL COOPERATION ACT,and WHEREAS, Kent and Covington have a current and future need for additional water supply capacity to provide adequate and reliable service to its present and future water customers,and WHEREAS, Covington has declared a drought emergency on March 13, 2001, pursuant to Resolution No 3045,and WHEREAS, Kent and Covington (along with Tacoma and others) are participants in Tacoma's Second Supply Project,which project is intended to provide a long-term water supply for the Parties,and WHEREAS,Covington holds franchises for water distribution facilities within the public rights-of- way through which the Joint Transmission Facilities have been constructed,and WHEREAS, Kent and Covington have entered into a Design Agreement with the City of Tacoma for the Kent/Covington section of the Second Supply Pipeline which is substantially complete and will be part of the Second Supply Project when such project is fully constructed,and WHEREAS, Kent and Covington have both approved an award of contract with Robison Construction, mc, to construct the Jomt Transmission Facilities with notice to proceed having been issued on March 4,2002, NOW,THEREFORE, IN CONSIDERATION of the mutual covenants and premises contained herem,and for other good KENT CWD 2-SUPPLY PROJECT AGMT-I and valuable consideration, the receipt and adequacy of which is hereby acknowledged,the parries hereby agree as follows 1 Defined Terms For purposes of this Agreement,when used with initial capitalization, the terms shall be defined as follows 11 "Second Supply Project" means that project as set forth in the Second Supply Project Agreement between the City of Tacoma, Department of Public Utilities, Water Division, the City of Kent, Covington Water District and Lakehaven Utility District, dated the 19th day of December,2002 12 "Joint Transmission Facilities" or "Project' means the facilities described in paragraph 2 of this Agreement (Project Description) providing for construction, ownership, operation, and maintenance of Transmission Facilities from the Second Supply Project Facilities to the Take Out Point 13 "Take Out Point' means that point at which the joint ownership and responsibility ends and water enters the Kent Facilities Specifically dus will be at the Tee entering the flow control valve on the Kent Spring's property i 14 "Administrator" means Covington Water District 15 "Control Board" means a board which shall consist of Covington s Manager and Kent's Public Works Director(or their designees) 16 "Joint Annual Costs" means all costs of operation and maintenance of the Project included in any budget or revised budget established by the Control Board 17 "Costs of Construction" means all costs allocable to the planning, design, acquisition and construction of the Project Without lunding the generality of the foregoing,these costs shall include 171 Preliminary investigation and development costs, engineering, contractor's fees, labor, materials, equipment and supplies, legal costs KENT CWD 2-SUPPLY PROJECT AGMT-2 (including legal costs incurred in the preparation of this Agreement), costs of easements or fee acquisitions (including the "Falk Easements"), and all other costs properly allocable to construction 172 All costs of insurance applicable to the period of construction 173 All costs relating to injury and damage claims arismg out of the construction of the Project less proceeds of insurance 174 All federal, state and local taxes legally required to be paid in connection with the construction of the Project, except any tax assessed and charged directly against any individual party unless such tax was assessed or charged to the individual party on behalf of the Project 175 The cost of all services, including an allocation of administrative and general expenses, performed by or at the request of the Control Board or the Administrator and which the Control Board determines are directly applicable to and in furtherance of Project construction Any terms that are not defined in this Agreement but which are defined in the Design Agreement Between the City of Tacoma, City of Kent and Covington Water District dated June 28, 2000, or in the Second Supply Project Agreement dated December 19, 2002, shall be defined as set forth in those agreements 2 Project Description This agreement provides for Kent and Covington to jointly construct, operate and maintain a 24" water transmission main with appurtenant facilities from a point on the Tacoma Second Supply Pipeline located approximately at Southeast 304f Street and 216w Avenue Southeast if said streets were constructed, and extending along a route generally described in Exhibit A-1 and A-2, to the Kent Springs property and the Take Out Point The transmission main will then continue easterly across Kent's Kent Springs property to serve Covington s flow control valve facilities 3 Conditions Precedent The obligations of each party for the performance of the terms and KENT CWD 2-SUPPLY PROJECT AGMT-3 covenants of this Agreement are,and have been conditioned upon the following events 31 Approval of all applications to any required governmental agencies having jurisdiction for any land-use permits required for construction of the Project Facilities 32 Issuance of any necessary franchises, permits, or easements from any governmental authority or private parties,if any,required for the installation of the Project Facilities 33 Environmental compliance,including the preparation and circulation of an environmental checklist describing the project and its impacts and a Threshold Determination prepared in accordance with RCW 43 21C,including any appeals thereto 34 Execution by all necessary parties of an agreement with Hammond, Collier, Wade- Livingstone(HCWL),and/or such other engineering firm as is mutually agreed providing for engineering services for the preparation of plans, designs and specifications ("plans') for the construction and completion of the Project Facilities including all related inspection and consulting services 4 Ownership of Project Facilities Project Facilities from the Second Supply Project Point Of Delivery to the Take Out Point shall be owned 100% by Covington, subject to all covenants and provisions herein Kent shall own the valve on the Tee at the Take Out Point and all appurtenances on Kent's side of that valve Project Capacity shall be allocated as provided in paragraph 5 and shall not be based on Ownership Covington may not at any time alter the Project in a manner that will affect Kent's capacity share as set forth in section 5 without first obtaining the written consent of the Kent Public Works Director,or his or her designee 5 Project Capacity Share Kent and Covington shall each own one half of the Project Capacity So long as the Project or any part thereof as originally constructed, reconstructed or added to is used or useful to either of the parties' water supply systems, the parties waive the right to partition the Project or any part thereof,whether by partitioning in kind or by sale and division of the proceeds In addition, the parties also agree that during this time,they will not resort to any action at law or in equity to partition, and further, that for this time they waive the benefit of all laws that may now or hereafter authorize partitioning the Project facilities and properties Each Party agrees that KENT CWD 2--SUPPLY PROJECT AGMT 4 prior to assigning or transferring any interest in its Project Capacity Share that such share shall first be offered to the other on the same terms and conditions This first right of refusal shall be made in writing and shall contain all material information The recipient shall have not less than sixty days to respond and accept or reject the offer 6 Grant of Easement Kent agrees to grant a non-exclusive easement to Covington for all Project facilities and appurtenances located on Kent's Kent Springs property at a cost agreeable to both parties Said easement shall be in the form set forth in Exhibit B Any and all other easements necessary for the Project shall be considered easements for the benefit of both parties regardless of the Grantee named in that easement All these easements shall be construed as Project facilities 7 Authority and Resuonsibg& of Control Board All decisions of the Control Board shall be by consensus The Control Board shall,at a minimum,be responsible for the following duties 71 Supervise the Administrator, consultants and contractors in the planning, design, construction,maintenance and operation of the Project, 72 Review and approve Project plans and specifications, 73 Determine the Projects timing,route and location, 74 Approve the selection of the successful brdder(s), 75 Approve the form of any Project construction contract(s), 76 Review and approve any change orders to the Project construction contract(s) in excess of $20,000 or in excess of the contract bid Force Account budget, 77 Determine and recommend to Covington s Board of Commissioners acceptance of the work performed under any Project contract(s),and 78 Recommend to the Administrator's Board of Commissioners that vouchers for the issuance of warrants for payment all or part of the Costs of Construction be drawn from the joint Construction Fund KENT CWD 2N-SUPPLY PROJECT AGMT-5 In the event of a deadlock in any matter requiring the approval or recommendation of the Control Board, a mutually agreed upon third party shall temporarily act as a third member of the Control Board The third party shall be knowledgeable and proficient in water system design and operation Meetings of the Control Board may be called by either member upon written,facsimile or e-mail notice to the other,sent at least seven(7)calendar days before the date of the meeting 8 Project Construction 81 Admi ustrator's Duties Subject to the Control Board's overriding supervisory authority, Covington shall be the lead agency and Administrator during Project construction,subject to the provisions of this Agreement Covington shall, consistent with the Project specifications, construct, test and place the Project into operation Covington shall undertake its duties and responsibilities professionally and with all appropriate skill,care and diligence in accordance with generally accepted engineering and water industry standards in effect at the time of performance of the work, and shall hire and manage all necessary and appropriate contractors and consultants All communication with any contractors,subcontractors, or consultants performing design or construction work on the Project shall be conducted by or through the Administrator The Administrator shall maintain and provide Kent complete and up-to-date plans, drawings and specifications and other documentation relating to the design, engineering, construction and operation of the Project 82 Construction Contract The Project manual plans and specifications and bid documents have been prepared by HCWL as agreed by the parties 83 Costs and Payment The parties shall equally share all Project Costs of Construction Kent shall be solely responsible for paying all costs for improvements from the Take Out Point to connection with its existing transmission mams Covington shall be solely responsible for paying all costs for improvements from the Take Out Point to Covington's connection with its distribution system 9 Overation and Maintenance Covington,as Administrator, shall be responsible for maintenance, KENT CWD 2N�SUPPLY PROJECT AGMT-6 operation, repair and replacement of the Project Facilities in a manner consistent with prudent municipal utihty practice,subject to the provisions of this Agreement 91 General After completion of the Project, the Administrator shall maintain, operate,repair and replace all Project facilities in a manner consistent with prudent municipal utility practice and subject to the provisions set forth below Subject to the prior approval of the Control Board, the Administrator shall have the full power and authority to carry out all Project operation, maintenance, repair and replacement All maintenance, operation, repair and replacement shall be effected so as to minimize the impact to both parties' water system capacity 92 Budget and Records The Administrator shall assemble and keep all records, specifically including all cost records, concerning the Projects maintenance, operation, repair and replacement All these records shall be available to the Control Board or to either party upon request Not less than thirty (30) calendar days prior to the end of each calendar year, the Administrator shall submit a budget for the joint annual maintenance,operation, repair and replacement anticipated for the following year to the Control Board ("Joint Annual Costs") The Administrator shall keep a record indicating the maintenance schedule of all components and the actual maintenance and repairs performed in respect to all Project facilities These records shall be available to Kent,Covington and the Control Board at all times during normal working hours 93 Contracts All contracts affecting the maintenance, operation,repair or replacement of the Project facilities shall be entered into in the names of Covington and Kent, and shall specify each party's limited percentage of liability for that contract The Control Board must first approve all vouchers for claims payable for these maintenance, operation, repair or replacement contracts 94 Emergency Work In the event of an emergency, the Administrator may take those actions he or she deems necessary and prudent to safely operate,protect and maintain the Joint Transmission Facilities without obtaining prior approval of the Control Board However, the Administrator must inform the Control Board of the emergency work and KENr CWD 2-SUPPLY PROJECT AGMT-7 its impacts as soon as possible, but no later than seven calendar days after commencing the emergency work 95 Maintenance, Operation, Replacement and Repair Costs Covington shall coordinate maintenance, operation, replacement and repair activibes and utilize material, labor and equipment from the Parries to conduct those activities as they are reasonably available and most cost effective With respect to the Joint Annual Costs, the materials, labor and equipment costs for providing maintenance, operation, repair and replacement shall be computed using the rates that the party providing the materials, labor and equipment charges to its customers Both parties shall equally share the costs to conduct routine operation and maintenance on the Joint Transmission Facilities The costs of repair and replacement shall be paid from a reserve fund, to be established in the Joint Facilities Maintenance Fund budget Initially, each party will provide Seven Thousand Five Hundred dollars ($7500 00) for deposit into the reserve fund, afterwards, the Control Board will determine the amount of contributions to maintain appropriate reserves Typical,planned or expected repair or replacement of the Joint Transmission Facilities will be paid from the reserve fund,if the reserves are insufficient to cover the cost of any repair or replacement, then the Control Board will determine the appropriate cost allocation between the parties The Administrator shall report to the Control Board, on a quarterly basis, all costs incurred to perform maintenance, operation, repair and replacement activities 96 Joint Facilities Maintenance Fund Covington shall cause to be established a separate trust account entitled"Covington Water District/City of Kent Joint Facility Maintenance Fund" ("Joint Facilities Maintenance Fund") This account shall be used solely for receiving and disbursing funds for the costs of maintenance, operation, repair and replacement of the Project facilities All such payments that are within the established budgets may be processed by the Administrator for payment for the Joint Facilities Maintenance Fund without further approval Any payments from the Fund in excess of the established budget shall be subject to the prior approval of the Control Board KENT CWD 2-SUPPLY PROJECT AGMT-8 97 Costs for Water Used Both Kent and Covington will maintain a meter to measure thew water flows and usage at the Take-Out Point If the total combined flows used by Kent and Covington are less than the measured flows at the Tacoma meter at the P1/P5 point of diversion, payment for the unaccounted water shall be made pro rata, based on each party's prior quarter's proportionate use In the event of damage to the Joint Transmission Facilities caused by third parties (e g, and without hinitation,acts of nature, unauthorized taps, or accidental breakage), then each party will share the cost for those unallocated flows from those events on an equal(50/50)basis 98 Payment Each party shall deposit into the Joint Facilities Maintenance Fund its share of the budgeted Joint Annual Costs on a quarterly basis 10 Insurance 101 Construction Phase As part of the Project's cost, the contractor or contractors constructing the Project shall name Kent, Covington and those consultants determined by the Control Board as additional insured In addition, each contractor shall be required to provide liability insurance in such amounts and such coverage as shall be determined by the Control Board and which shall be reasonably sufficient to protect the Parties against liability arising from Project construction 10 2 Maintenance and Operation Phase Each Party shall maintain liability insurance, of the types and in the amounts as the Control Board determines is sufficient to insure the Project's ongoing maintenance,operation,repair and replacement 103 Release Each of the Parties releases the other Party, its agents and employees from any claim for loss or damage, including consequential loss or damage, arising out of the construction, operation, maintenance, reconstruction, and repair of the Project due to negligence, including gross negligence,but not for any claim for loss or damage resulting from breach of this Agreement,or for willful or wanton misconduct 104 Costs Any loss,cost,liability,damage and expense to either Party(other than damages to KENT CWD 2ND SUPPLY PROJECT AGMT-9 any Party resulting from loss of use and occupancy of the Project or any part thereof) resulting from the construction, operation, maintenance, repair or replacement of the Project and based upon injury to or death of persons or damage to or loss of Project property and property of other parties, to the extent not covered by collectible insurance, shall be charged to the cost of construction or to Joint Annual Costs, whichever may be appropriate 11 Miscellaneous 111 Representations and Warranties The Parties hereby represent and warrant to one another the following 1111 Each Party is duly authorized and validly existing under the laws of and is authorized to exercise it powers, rights and privileges and is in good standing in, the State of Washington, and has full power and authority to carry on its business as presently conducted and to execute this Agreement and perform the transactions on its part contemplated by this Agreement 1112 The execution, delivery and performance of this Agreement, and the consummation of the transactions contemplated hereby have been duly authorized by the appropriate board or council,and no other act or proceeding on the part of any Party is necessary to authorized the Agreement,or the transactions contemplated hereby 1113 The execution,delivery and performance by each of the Parties of this Agreement does not (a)contravene any law,or(b)conflict with or result in a breach of or default under any material agreement or instrument to which any Party is a party or by which it is bound 1114 There are no actions,suits,claims or proceedings pending or,to the best of each Parties knowledge, threatened against any Party that is likely to impair the consummation or the transactions contemplated hereby 1115 This Agreement,when executed and delivered,will constitute a valid and binding KENT CWD 2�SUPPLY PROJECT AGMT.10 obligation of each Party,and will be enforceable against each Party in accordance with its terms 112 Resolution of Disputes and Governm¢ Law This Agreement shall be governed by and construed in accordance with the laws of the State of Washington If the parties are unable to settle any dispute, difference or claim arismg from the parties' performance of this Agreement,the exclusive means of resolvmg that dispute,difference or clams,shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court located in Kent, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process In any claim or lawsuit for damages arismg from the parties' performance of this Agreement, each party shall pay all its 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 113 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 Covmgton and Kent 114 Assignment and Other Arrangements Except as otherwise provided in this Agreement, the rights and obligations of this Agreement may not be sold, assigned or otherwise transferred without prior written consent of the other, which consent shall not be unreasonable withheld 115 Waivers Except as otherwise provided herem or as agreed to by the Parties,no provision of this Agreement may be waived except as documented or confirmed in writing Any waiver at any time by a Party of its rights with respect to a default under this Agreement or with any other matter arismg in connection therewith, shall not be deemed a waiver with respect to any subsequent default or matter Any Party may waive any notice or agree to accept a shorter notice than specified in this Agreement Such waiver of notice or acceptance of shorter notice by a Party at any time regarding a notice shall not be considered a waiver with respect to any subsequent notice required by this Agreement KENT CWD 2�D SUPPLY PROJECT AGMT-I I 116 Amendments No change,amendment or modification of any provision of the Agreement shall be valid unless set forth in a written amendment to the Agreement signed by all Parties 117 Entire Agreement This Agreement sets forth the entire agreement of the Parties, and supersedes any and all prior agreements with respect to the subject matter of this Agreement The rights and obligations of the Parties hereunder shall be subject and shall be governed by this Agreement 118 Interpretation Both Parties participated in the drafting of this Agreement In interpreting this Agreement, no inference shall be drawn against any Party as the drafter of this Agreement The headings used herem are for convenience of reference only, and shall not affect the meaning or mterpretahon of this Agreement 119 Duty Of Good Faith The Parties agree that in taking actions or making determinations required or provided for under this Agreement,each Party shall act in fairness and in good faith IN WITNESS WHEREOF,The Parties have duly executed this Agreement,which shall take effect on the last date entered below City o Kent �� JA f77 KYLh By -L J_. N <J 1�0vppo cis- `aru,:i G J, -_sow Title�0✓ yJ / Qlg^- IJ +IT c ��� Authorized by Motion on .24-..s;2002- Covington Water District�� 1 By .un � i Name 4 S �-. Title (n ertitIrd �omvni�55j(1)FP(S KENT CWD 2ND SUPPLY PROJECT AGMT.12 Authorized by Resolution No E<olufiGA) 3I q� KENT CWD 2-SUPPLY PROJECT AGMT-l3 EXHIBIT A-1 CITY OF KENT& COVINGTON WATER DISTRICT JOINT TRANSMISSION FACILITIES Description of transmission main facility route Beginning at the Tacoma Second Supply Pipeline connection no i to a 16-Inch diameter butterfly valve owned and operated by the City of Tacoma, thence easterly approximately 170 feet in an easement to CWD on the TSSP tight-of-way, thence northerly approximately 1350 feet in an easement to CWD on private property along the approximate alignment of 218`' Avenue SE, thence easterly and northerly approximately 1370 feet in an easement to CWD on private property adjacent to and parallel with SE 300" Street and 219"Avenue NE, thence westerly and northerly approximately 3075 feet in the right-of-way of SE 296`" Street and 2161"Avenue SE thence easterly approximately 560 feet in an easement to CWD on the City of Kent's Kent Springs property The terminus of the joint main is considered the water main TEE to which each party's valves will be connected H\Kent\EXHBIT A doc �v o\�l CITY OF BLACK DIAMOND CITY LIMITS -'KENT SPRINGS,-'� PROPERTY. >e ® � a �e >• � �x rem pima SE 288TH ST -- - ' k I .w Q N N SE 292ND ST CITY OF Iro BLACK DIAMOND \L , F I � \ I _ SE 296TH;ST I KENT/COVINGTON W D 24" TRANSMISSION MAIN I , I I 1 I N I 1 E I / F N I � Q N i I F- � Z m W x � W w fn o W n I a 0 0 o 3 EXHIBIT A-2 TRANSMISSION MAIN TACOMA SSP PIPELINE ROUTE EXHIBIT B COVINGTON WATER DISTRICT EASEMENT FOR WATER PIPELINE THIS INDENTURE,made this day of 20_, between the City of Kent, a municipal corporation of the State of Washington, hereinafter referred to Grantor, and Covington Water District, ("The District'), a municipal corporation of the State of Washington, hereinafter referred to as Grantee, its successors and assigns; WHEREAS, Grantor is the owner of certain lands and premises situated in the County of King,State of Washington, described as follows A parcel of land situate in the Southwest quarter and the Southeast quarter of Section 33,Township 22 North, Range 6 East,Willamette Meridian, in King County, Washington, more particularly described as follows: That portion of the Southwest quarter of the Southeast quarter and the Southeast quarter of the Southwest quarter of Section 33,Township 22 North, Range 6 East of the Willamette Meridian in King County,Washington,lying southerly of the Northern Pacific Railroad right of way, less that portion for SE 288th Street, and less that portion for 216th Avenue SE. Subject to and/or together with easements, restrictions and covenants of record. WHEREAS,Grantee is desirous of acquiring certain rights and privileges across, over, and upon said land and premises, NOW, THEREFORE, Grantor, for valuable consideration, the adequacy and receipt of which is hereby acknowledged, hereby conveys and grants to the Grantee, its successors and assigns and its permlttees and licensees, the perpetual right, privilege, and authority to construct, alter, improve, repair, operate, and maintain water pipelines and appurtenances, across,under,over,and upon the following described lands and premises situated in the County of King, State of Washington, to-wit Those portions of the Southwest quarter of the Southeast quarter and the Southeast quarter of the Southwest quarter of Section 33, Township 22 North, Range 6 East of the Willamette Meridian in King County, Washington, described as follows: Commencing at the southeast corner of the Southeast quarter of the Southwest quarter of said Section 33• Thence westerly along the South line of said subdivision 666.00 feet; Thence northerly at right angles to the preceding course 30.00 feet to the northerly right of way margin of SE 2881h Street and the True Point of Beginning; Thence continuing northerly on a projection of the preceding course, 20.00 feet; Thence westerly and parallel with the South line of said subdivision 597 feet more or less to the easterly right of way margin of 216th Avenue SE; 1 of 4 H\Letters for Jay\Cov Water Easement corrected doc EXHIBIT B Thence southerly along said margin 20 feet more or less to the northerly right of way margin of SE 288th Street; Thence easterly along said northerly margin 599 feet more or less to the True Point of Beginning. And also, commencing at said southeast corner of the Southeast quarter of the Southwest quarter of said Section 33; Thence easterly along the South line of the Southwest quarter of the Southeast quarter of said Section 33 a distance of 414.50 feet; Thence northerly at right angles to the preceding course 30.00 feet to the northerly right of way margin of SE 288th Street and the True Point of Beginning; Thence continuing northerly on a projection of the preceding course 25.00 feet; Thence easterly and parallel with the South line of last said subdivision 140.00 feet; Thence southerly at right angles to the preceding course 25 feet more or less to the northerly right of way margin of SE 288th Street; Thence westerly along said margin 140.00 feet to the True Point of Beginning. Together with the right of ingress to and egress from said easement for the construction, operation, maintenance, repair and/or replacement of a water pipeline and appurtenances thereto and for all other purposes necessary and related thereto, including but not limited to all activities the Grantee may elect to undertake for bank stabilization. The Grantor reserves the right to use the surface of the above described easement, but shall not erect any buildings,without expressed approval of the District on said easement, This conveyance is conditioned upon the Grantee's obligation to restore as near as is possible, any fences, lawns,shrubbery, driveways or land contours that are disturbed in connection with the exercise of the Grantee's rights hereunder in as good condition as the same were immediately before the property was entered upon by the Grantee. The District agrees to indemnify and hold the Grantor harmless from any liability or damage accruing to the Grantor, including claims by third parties, arising from the act or acts of the District This conveyance shall be a covenant running with the land, and shall be binding on the Grantor, and its heirs, successors and assigns 2of4 H\letters for Jay\Cov Water Easement corrected doc EXHIBIT B DATED this day of 42;,9� 20,n, , ff Covington Water District, The City of Kent, A Municipal Corporation A Municipal Corporation of the State of Washington the Late of Washingt n t��40,, R,7z—o, Title Title STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that the persons) w, hqp�ppegra+ before meand sal erson( acknowledged that Cr d_ A -)� J / -wy—sl ned this In trument and acknowledged It to be `7aLA.5- free and voluntary act for the uses and purposes mentioned In the Instrument Dated 20� ��.... stow `d+ ep Not Public in and for the Late of Washington y' V 'i N�Y�� T My appointment expires •1i°"�' �- 8 A^i�5 t`R (notapiS pd81.1e +,'?� � If the leg&4prz>wner is not an Individual, Is it Is corporation? No ( ) Yes ( ) If yes, see "Attachment A" for signature verification If not Individual or corporate ownership, please specify type and see "Attachment A" for signature verification 3of4 H\Letters for Jay\Cov Water Easement corrected doc EXHIBIT B Easement for Water Pipeline "Attachment A" I hereby certify that I am the authorized signatory for the legal property owner Attached herewith is verification of my authority to sign on the behalf of the ( ) Corporation ( ) Joint Venture ( ) Partnership ( ) Other-specify STATE OF WASHINGTON ) SS REPRESENTATIVE COUNTY OF KING ) I certify that I know or have satisfactory evidence that (name of person), is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the (type of authority, e g , officer, trustee, etc ) of (name of party on behalf of whom instrument was executed) to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument Dated 20 Notary Public in and for the State of Washington My appointment expires- (Notary Seal) 4of4 H\Letters for Jay\Cov Water Easement corrected doc r LU f i^�ELU Q f SW % SE do 591 t 140.00 0 0 O N N N 599 :F- of 91 _ ia' co'sl 6 6 6.00 _ _ 19 SE 288 r" ST. SE COR SW '/4-/ 5EC. 33-22- 6, W.M. NO SCALE INDICATES WATER EASEMENT