HomeMy WebLinkAboutPW04-265 - Original - Soos Creek Water and Sewer Distict - Meridian Valley Creek Restoration - 06/03/2004 ORIGINAL
INTERLOCAL AGREEMENT REGARDING
SOOS CREEK WATER& SEWER DISTRICT LIFT STATION 10B
AND CITY OF KENT'S MERIDIAN VALLEY CREEK RESTORATION
THIS AGREEMENT is entered into this day of ,2004,
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 construction of Soos Creek's lift station
1 OB and the City's relocation of Meridian Valley Creek south of SE 256th Street.
I. RECITALS
WHEREAS, Soos Creek owns real property with King County tax parcel
number2722059178(the Property)located in the city of Kent,and Soos Creek has submitted
application to the City for construction of a sanitary sewer lift station on the Property; and
WHEREAS, adjacent to the Property, housed in a concrete flume, is a portion of
Meridian Valley Creek,and the City is in the process of relocating Meridian Valley Creek to
a more natural path,which would include relocation onto the Property; and
WHEREAS, conflicts have arisen between the relocation of the Meridian Valley
Creek and the location of the lift station and its necessary appurtenances;
NOW THEREFORE, in consideration of the mutual promises set forth herein, it is
agreed by and between the parties as follows:
INTERLOCAL AGREEMENT LIFT STATION lOB—Page I
(between City of Kent and Soos Creek Water&Sewer District) (May 7, 2004)
Il. AGREEMENT
1. Relocation of driveway. Soos Creek will relocate the driveway access for the
lift station west of the upstream end of the flume so that it will not cross the path of Meridian
Valley Creek when it is relocated by the City onto the Property. The City shall be
responsible for removing the existing access driveway east of Wetland 3 (approximately
across from 1461h Avenue SE) when it relocates the stream. The City shall also restore any
areas disturbed by the removal of the access.
2. Reinforce and Restore slope. The City will extend and realign the outlet of
the culvert under SE 256th Street and orient the uppermost portion of the new Meridian
Valley Creek reach so as to minimize the forces that creek flows will exert on the steep slope
located adjacent to and north of the proposed lift station driveway on the Property. The City
will also pay for the cost of and complete the work necessary as a result of the stream
restoration project to reinforce the toe of the steep slope and restore the steep slope and the
surrounding area as shown in Exhibit A. The City agrees to maintain the slope and repair
any future damage to the slope caused by the relocated stream so that the District's lift station
is not impacted by erosion of the slope by the stream.
3. Abandonment of Pipe and Utilities. Soos Creek will be constructing
approximately one hundred and thirty eight(138)linear feet of thirty(30)inch PVC pipe,as
shown in Exhibit A, that will cross the path of the proposed relocated Meridian Valley
Creek. Soos Creek and the City will coordinate for abandonment of any other Soos Creek
pipes or utilities that cross the path of the relocated Meridian Valley Creek. The City will be
responsible for abandoning said pipes or utilities to District standards or shall reimburse Soos
Creek for any costs incurred by the District in abandoning said pipes or utilities. The City
will coordinate directly with all other utilities for the abandonment of any other facilities that
may be impacted by the relocation of Meridian Valley Creek. Soos Creek will provide the
City with copies of the construction record drawings for any District pipes or utilities that
cross the path of the relocated Meridian Valley Creek, including any pipes or utilities that
have been abandoned by the District. This abandonment agreement excludes the existing
twenty-four(24)inch concrete sanitary sewer that traverses the slope north of the proposed
new driveway. Soos Creek agrees to execute and have recorded,if necessary,documentation
of said abandonment.
4. Property transfer. For mutual benefits derived, Soos Creek has agreed to
convey by Quit Claim deed(the"Deed")to the City for two pieces of real property. The first
is a strip of land five(5) feet wide on the south side of the existing SE 256th Street Right of
Way to be used by the City for future SE 2561h Street road widening. The location of this
property is shown on Exhibit B as Area 1. The second is an area north and east of the
proposed driveway and lift station to be used by the City for establishment of a riparian
corridor for the proposed relocated Meridian Valley Creek. The location of this property is
shown on Exhibit B as Area 2. The legal descriptions for both Area 1 and Area 2 are
INTERLOCAL AGREEMENT LIFT STATION 1 OB—Page 2
(between City of Kent and Soos Creek Water&Sewer District) (May 7, 2004)
attached to Exhibit B as Attachment 1 and 2. Soos Creek agrees to deliver the Deed within
fourteen(14) days of this Agreement being executed.
5. Restoration responsibilities. The City is planning to complete extensive
plantings adjacent to the proposed new creek. The area where these plantings are planned is
contained within areas that have been identified as"Restoration Area A,""Restoration Area
B,"and"Restoration Area C"in the Associated Earth Sciences Report dated March 21,2003
titled: "Wetland and Stream Buffer Impact Assessment, Restoration, and Monitoring
Plan"(the"Restoration Report"). These areas are shown on the attached Exhibit C. As the
City is planning plantings as part of the stream restoration project, Soos Creek will not be
responsible for completing the plantings in Restoration Areas A, B, and C. Soos Creek
agrees to stabilize the disturbed soils in Restoration Areas A, B, and C with an appropriate
grass seed mix approved by the City following construction of the lift station. The City shall
be responsible for monitoring plant growth and replacing any plants as necessary in the
restoration areas in order to maintain the established vegetation.
6. 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 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.
7. Modification. No waiver,alteration,or modification of any ofthe provisions
of this Agreement shall be binding unless in writing and signed by a duly authorized
representative of the City and Soos Creek.
8. 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.
9. 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 SODS CREEK
Attn: Public Works Director Attn: District Manager
220 Fourth Avenue South 14616 S.E. 192' Street
INTERLOCAL AGREEMENT LIFT STATION IOB—Page 3
(between City of Kent and Soos Creek Water&Sewer District) (May 7, 2004)
Kent, WA 98403 Renton, WA 98058-1039
10. 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 apart 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.
11. Schedule. The City shall not perform any work related to construction of the
stream relocation project in Area 1 as shown in Exhibit D unless the City provides 48-hours
written notification to Soos Creek Water and Sewer District.The City shall reimburse Soos
Creek for all costs incurred by Soos Creek and/or its contractor as a result of the City
authorizing work in Area 1.
12. Hold Harmless. City agrees to protect all Soos Creek facilities from damage
during the construction of its stream restoration project. The City shall be solely responsible
and shall hold harmless the District for any damage to Soos Creek facilities that result from
the actions of the City's contractors, employees, and agents in performance of their duties
related to the stream relocation project.
IN WITNESS WHEREOF, the undersigned hereby affix their hands and seals.
CITY OF KENT SOOS CREEK WATER
AND SEWER DISTRICT
By:
Print e: -in
White Print Name: n Sneer
Its: Ma or Its: District Manner
Date. - Date:
1NTERLOCAL AGREEMENT LIFT STATION 1 OB—Page 4
(between City of Kent and Soos Creek Water&Sewer District) (May 7, 2004)
APPROVED AS TO FORM: APPROVED AS TO FORM:
By:
Tom Brubaker Micha M. Hanis
Kent City Attorney District Legal Counsel
P\CnSF1LES\OpenFdee\0642'draedocai-LdtStatnn-QeenV=wn040504 dm
INTERLOCAL AGREEMENT LIFT STATION 1 OB—Page 5
(between City of Kent and Soos Creek Water&Sewer District) (May 7, 2004)
s
EXISTING CULVERT PROPOSED 30" PVC PIPE
PROPOSED 36" DUCTILE IRON PIPE
f. EXISTING 24"
CONCRETE PIPE SE 256 STREET CURRENT CREEK
I ALIGNMENT (FLUME)
--- [ —_--
--I .l 1. . 1
EXTEND CULVERT. LJ_J' i i i -� ' v'ti;'':'• �- - {
REINFORCE AND
RESTORE SLOPE
AS NECESSARY CITY OF
:FOR STREAM KENT
PROJECT
PROPOSED SOOS CREEK - . . . .
LIFT STATION 108
SODS CREEK WATER
AND SEWER DISTRICT
SWANSON - f
186
:
LEGEND:
PROPOSED NEW RIPARIAN CORRIDOR
WETLAND
—•••---••— PROPOSED NEW CREEK ALIGNMENT
PROPERTY LINE
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---- RIGHT-OF-WAY LINE
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DATE- CITY OF KENT
01 2004 ENGINEERING DEPARTMENT
SCALE: EXHIBIT A: LIFT STATION 10B
KENT 1 =12o INTERLOCAL AGREEMENT
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AREA 1
SE 256 STREET
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CITY OF
KENT
PROPOSED SODS CREEK AREA 2 \\� . \• :' 176
LIFT STATION 10B
SOOS CREEK WATER \
AND SEWER DISTRICT
SWANSON :
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LEGEND:
gUSSURM AREA 1
AREA 2
WETLAND
—••• PROPOSED NEW CREEK ALIGNMENT
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-- PROPERTY LINE
RIGHT-OF-WAY LINE
DATE* CITY OF KENT
�* .'� Ol 2004 ENGINEERING DEPARTMENT
bm • SCALE' EXHIBIT B: LIFT STATION 10B
V KE•NT 1"=120' INTERLOCAL AGREEMENT
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ATTACHMENT 1
AREA 1
STORM DRAIN EASEMENT
THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 27, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M. IN
KING COUNTY, WASHINGTON DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF THE NORTH
45.00 FEET OF SAID SUBDIVISION WITH THE WEST LINE OF THE EAST
330.00 FEET OF SAID SUBDIVISION; THENCE N88048'06'W, ALONG SAID
SOUTH LINE TO THE EAST LINE OF THE PLAT OF EASTWIND AS
RECORDED IN VOLUME 139 OF PLATS, PAGES 63 TO 65, RECORDS OF
KING COUNTY, WASHINGTON; THENCE NORTHERLY, ALONG SAID EAST
LINE AND ITS NORTHERLY PROLONGATION 5.00 FEET TO THE SOUTH
LINE OF THE NORTH 40.00 FEET OF SAID SUBDIVISION; THENCE
EASTERLY, ALONG SAID SOUTH LINE, TO THE AFORESAID WEST LINE
OF THE EAST 330.00 FEET; THENCE SOUTHERLY, ALONG SAID WEST
LINE 5.00 FEET TO THE POINT OF BEGINNING.
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ATTACHMENT
AREA 2
SE 256TH FLUME INTERLOCAL AGREEMENT
THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 27, TOWNSHIP 22 NORTH, RANGE 5 EAST,W.M. IN
KING COUNTY, WASHINGTON DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION; THENCE
ALONG THE NORTH LINE OF SAID SECTION N88048'06"W 330.00 FEET TO
THE WEST LINE OF THE EAST 330.00 FEET OF SAID SUBDIVISION;
THENCE S00057'10"W,ALONG SAID WEST LINE, 45.00 FEET TO THE
SOUTH LINE OF THE NORTH 45.00 FEET OF SAID SUBDIVISION AND THE
TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT OF
LAND; THENCE CONTINUING ALONG SAID WEST LINE S00157'10"W 387.79
FEET; THENCE N74054'09"W 72.28 FEET; THENCE N44043'56"W 63.53 FEET;
THENCE N49051'37"W 38.96 FEET; THENCE N26042'57"W 49.15 FEET;
THENCE N62001'43"W 77.73 FEET; THENCE N35°24'03"W 78.64 FEET;
THENCE N60014'06"W 13.71 FEET; THENCE N46122'37"E 13.86 FEET;
THENCE N37055'05"E 22.92 FEET; THENCE N52104'11"W 92.98 FEET;
THENCE N89059'56"W 169.11 FEET; THENCE S00945'10"W 2.50 FEET TO A
POINT OF CURVATURE AND THE BEGINNING OF A CURVE TO THE RIGHT
HAVING A RADIUS OF 99.00 FEET, THE CENTER OF WHICH BEARS
N00°45'06"E; THENCE NORTHWESTERLY ALONG SAID CURVE TO THE
RIGHT, THROUGH A CENTRAL ANGLE OF 43042'11", AN ARC DISTANCE
OF 75.51 FEET; THENCE N45032'43"W 39.07 FEET TO A POINT OF
CURVATURE AND THE BEGINNING OF A CURVE TO THE RIGHT HAVING A
RADIUS OF 29.00 FEET, THE CENTER OF WHICH BEARS N44027'17"E;
THENCE NORTHWESTERLY ALONG SAID CURVE TO THE RIGHT,
THROUGH A CENTRAL ANGLE OF 46044'45", AN ARC DISTANCE OF 23.66
FEET; THENCE N01011'56"E 1A0 FEET TO THE SOUTH LINE OF THE
NORTH 45.00 FEET OF SAID SUBDIVISION; THENCE S88°48'06"E, ALONG
SAID SOUTH LINE, 622.03 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 107,599 SQ. FT. OR 2.47 ACRES
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RESTORATION
AREA A SE 256 STREET
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KENT
PROPOSED SOOS CREEK ` R A T
-RESTORATION�Won't1 O
LIFT STATION 10B r AREA k'r,�A'_" ' •. \ 176
SODS CREEK WATER
AND SEWER DISTRICT
SWANSON Ii
LEGEND:
C^_] PROPOSED NEW RIPARIAN CORRIDOR
Y'r :� RESTORATION AREA
_ _:_•__ WETLAND
PROPOSED NEW CREEK ALIGNMENT
- PROPERTY LINE
P
— RIGHT—OF—WAY LINE
DATE- CITY OF KENT
01 20 4 ENGINEERING DEPARTMENT
SCALD EXHIBIT C: LIFT STATION 108
wKENT r=k2o' INTERLOCAL AGREEMENT
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EXISTING CULVERT PROPOSED 30" PVC PIPE
PROPOSED 36" DUCTILE IRON PIPE
el EXISTING 24"
CONCRETE PIPE SE 256 STREET CURRENT CREEK
— ,
` ALIGNMENT (FLUME)
T:T -IASEMENT -�� f10 SETBACK
\ ` :FROM WETLAND.
AREA1� ,�1 i - BOUNDARY ,
EXTEND CULVERT, L_LJI
REINFORCE AND t, ; - I i r• `�' �� ,. ��Jl
RESTORE SLOPE
AS NECESSARY i i '` \ :- CITY OF
FOR STREAM `-J 1 ' . \kEASEMENT KENT
PROJECT 10' SETBACK\ A�Eg2" 176
PROPOSED SOOS CREEK FROM WETLAND\
LIFT STATION 10B BOUNDARY� �i ,`• +
SOOS CREEK WATER 1 �.
AND SEWER DISTRICT •,- . '
\'
SWANSON I
186 .I
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LEGEND:
PROPOSED EASEMENT AREAS
WETLAND
— —• — PROPOSED NEW CREEK ALIGNMENT
- PROPERTY LINE
RIGHT-OF-WAY LINE
a
DATE: CITY OF KENT
01 2004 ENGINEERING DEPARTMENT
`f�• SCALE- EXHIBIT D: LIFT STATION 106
KENT 1"=120' INTERLOCAL AGREEMENT
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