HomeMy WebLinkAboutCAG2021-257 - Original - Lake Meridian Water District - Well #6 Easement and Declaration of Protective Covenants at Sun Meadows Park - 05/26/2021FOR CITY OF KENT OFFICIAL USE ONLY
sup/Mgr:
Agreement Routing Form DirAsst:
For Approvals, signatures and Records Manigement - -, Dir/Dep:
This form iombines & replaces the Request for Mayor's Signature and Contract Cover Sheet forms.
(Print on pink or cherry colored paper)
Z+KENT (Optional)
WASHrNoroil
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oLo.
CL
Originator:
Lynn Osborn for TerrY Jungman
Department:
Parks, Recreation & Community Services
Date Sent:
0s/20/2027
Date Required
Earliest possible Please
Authorized to Sign:
Director or Designee Mayor
Date of Council APProval
04/27 /202r
Budget Account Number:
Budget?No{
Grant?Yes No
Type: N/A
C
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ELorls
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EooLol
Vendor Name:
Lake Meridian Water District
Category:
'Other
Vendor Number:
Customer 58877
Sub-Category:
Original
ProjectName: Well #6 Easement and Declaration of Protective Covenants at
Sun Meadows Park
Project o"t{/a66srs easement,
treatment facilitY,
terryq& conditions
inc{@reement for
for existing and new well and water
payment to CitY.
Agreement Amount: $45 r000. 00
StartDate: Upon final signature
Basis for Selection of Contractor:
" Memo to Mayor must be attached
Term:nation Date: NOne
Other
Local Eusi ox tf meets requirements pe( KCC 3.70.100, please complete yendor Purchase-Local Exceptions" form on Cityspace.
Business License Verifi cation:l_lv"rf rn-ProcessIExempt (KCC s'01.04s)
Notice required prior to disclosure?
!v"sf,r'io
Contract Number:
CA LoTl- A5'l
ov l\ frg* Qaqtolt
Comments:
v 2Date Received by city Attorney:
Date Routed to the Mayor's Office:
Date Routed to the City Clerk's Office:
UI
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id(v'/221/l-1-20 Visit Documents.KentwA.gov to obtain copies of all agreements
rev.20210219
AGREEMENT BETWEEN LAKE MERIDIAN WATER DISTRICT AND THE CITY OF KENT
RE: EASEMENTS AND IMPROVEMENTS AT SUN MEADOWS PARK
t. The City of Kent ("City") is the owner of certain real property commonly known as Sun
Meadows Park ("Park").
2. The City has agreed to grant certain easement rights to Lake Meridian Water District
("District") at or near the Park as described and depicted in the EASEMENT AGREEMENT
AND DECLARATTON OF PROTECTIVE COVENANTS attached as Exhibit 1to this Agreement
and incorporated herein by this reference ("Easement Agreement")'
3. ln recognition of and in full and complete consideration for the Easement Agreement and
the disruption in use of the Park during construction, the District has agreed to contribute to
City, and City has agreed to accept from District, the sum of 545,000 (the "Consideration")
toward the cost of City's contemplated volleyball pit and pickle ball court improvements at
the Park (the "lmprovements").
4. The District will pay the Consideration to the City within 30 days of the City's delivery to the
District of the Easement Agreement signed by its Mayor'
5. This agreement is effective as of the later of the signature dates below
lN WITNESS WHEREOF, City and District have executed this Agreement.
CIVGRANTOR: DISTRICT/GRANTEE:
CITY OF KENT
a Washington municipal corporation
Print Na h-
Its:b
LAKE MERIDIAN WATER DISTRICT,
a Washington special purpose
municipal corporation
Print Na '"'Vllu*rr C,. !+Ll'l
Its
DateDate
7324932.5 - 049361 -0134
Page 1 of 1
EASEMENT AGREEMENT AND
DECLARATION OF PROTECTIVE COVENANTS
THIS EASEMENT AGREEMENT AND DECLARATION OF PROTECTIVE
COVENANTS (this o'Agreement"), made and entered into effective as of the later of the
signature dates below (the "Effective Date"), is by and between the CITY OF KENT, a
Washington municipal corporation (herein *Cityo'or "Grantor") and LAKE MERIDIAN
WATER DISTRICT, a Washington special purpose municipal corporation (herein "District" or
ooGrantee") (individually ao'Pafi" and collectively the "Parties").
RECITALS:
A. City is successor-in-interest to King County, Washington (the "County") as owner
of the real property commonly known as Sun Meadows Park and legally desuibed on Exhibit A
attached hereto (the "Property").
B. Pursuant to Title 57 RCW, District supplies potable water to customers within its
boundaries through a public water system. District's public water system is comprised of source
wells, storage and treatment facilities, and distribution mains.
C. Pursuant to Permit Number FS-14-85 issued on May 17, 1985 (the "Permit"),
including its Terms and Conditions, Special Provisions, and Declaration of Covenant Running
With the Land,the County authorized District (f/k/a "King County Water DistrictNo. I I1") to
construct, operate, and maintain a well for public water supply on the Property. By its express
tems, the Permit expired automatically after five (5) years, unless renewed, and the Parties have
identified no agreements renewing the Permit.
D. In accordance with the Permit, District constructed a well ("Well #6"), connecting
pipelines, and a water treatment facility (the "Treatment Building") on the Property in the
locations depicted on Exhibit B attached hereto (the "Existing Improvements"). Following the
City's acquisition of the Property from the County in 1999, the District obtained City permit and
land use approval for significant improvements to the Treatment Building, which were thereafter
made by District. The Existing Improvements have been continuously used and operated by the
District and are essential for the District's supply of potable water to its customers.
E. Well #6 is failing, and a replacement well (the oNew Well") must be drilled,
installed, and constructed on the Property, for incorporation into District's water supply system.
Without limitation of District's continuing use of Well #6 for water withdrawal if necessary to
maximize District's water rights and supply, District intends to use existing Well #6 as a
monitoring well when the New Well has been constructed and is operational.
F. The Parties desire the City grant to District a permanent easement for the Existing
Improvements, as well as for the New Well, for an eight-inch connecting line between the New
Well and the Treatment Building (the "New Well Connecting Line"), and for an eight-inch
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1726a79.20 - 049361 -0134
connecting line from Well #6 to the New Well Line (the "Well 6 Connecting Line")
(collectively, the "Additional Improvements").
G. The Parties desire the City also grant to District a temporary construction
easement for District's construction and installation of the Additional Improvements.
H. The Parties desire otherwise to confirm and set forth certain protections required
for the District's operation of its facilities and improvements on the Property, including sanitary
control areas necessary to keep water supplied by District from the Property free from impurities
that might be injurious to the public health.
NOW, THEREFORE, in consideration of the terms and conditions hereof and other good
and valuable consideration, the receipt and sufficiency of which the Parties mutually
acknowledge, the Parties agree as follows.
1. Permanent Easement for Existing and Additional Improvements. City, as Grantor,
hereby grants and conveys to District, as Grantee, a permanent easement (the "Permanent
Easement") on, over, and under that portion of the Property legally described on Exhibit C
attached hereto and depicted on Exhibit C-l attached hereto (the "Permanent Easement Area")
for the below stated purposes. All connecting pipelines must be installed by the District at least
two (2) feet below the surface of the land within the Permanent Easement Area so as to avoid
interference with the City's installation, maintenance, or repair of an irrigation system. The
Permanent Easement shall be nonexclusive with respect to the District, except as expressly stated
otherwise in this Agreement.
1.1 Well #6: for operating, inspecting, maintaining, and repairing Well #6 and
all appurtenances thereto;
L2 Treatment Building: for operating, inspecting, maintaining, and repairing
the Treatment Building and all appurtenances thereto;
1.3 New Well: for locating, drilling, installing, constructing, operating,
inspecting, maintaining, and repairing the New Well, the New Well's building structures, and all
appurtenances thereto;
I.4 New Well Connecting Line: for laying, constructing, installing, operating,
inspecting, maintaining, and repairing the New Well Connecting Line between the New Well
and the Treatment Building; and
1.5 Well #6 Connecting Line: for laying, installing, operating, inspecting,
maintaining, and repairing the Well #6 Connecting Line between Well #6 andthe New Well
Connecting Line.
7726879.20 - 049361 -0134
a
Any replacement of the District's Existing Improvements or Additional Improvements
will require the good faith cooperation between the City and the District to: (i) ensure the City is
sufficiently compensated for any expansion or intensification of the District's use of the Property
or the Permanent Easement, and 1ii; mitigate the impact the District's expanded or intensified
use has to other users of the Property, including the City's use of the Property, which may
necessitate a revision to this Agieement or the easement rights conveyed herein to the District.
For avoidance of doubt, however, the provisions of this paragraph do not apply to any expansion
of the north side of the Treatment Building up to and including to the north wall of the existing
underground overflow storage tank located beneath the concrete slab on the north side ofthe
buildiig, if District determines such expansion is reasonably required for telemetry, upgraded
power,-and piping in support of the New Well. The north wall of the underground overflow
,torug. tank lies approximately 16 feet from the north wall of the Treatment Building.
The Permanent Easement includes the non-exclusive right of ingress and egress for all of
the foregoing purposes. The Permanent Easement shall be exclusive to District only with respect
to the footprint of its constructed facilities, such as the width of installed connecting pipelines
within the subsurface of the Permanent Easement Area, the area within the foundation of the
Treatment Building, including the underground overflow storage tank and the building's primary
structure, and the area within the diameter of its constructed wells and their associated pump
houses/building structures. However, this exclusivity does not include the area within the
Sanitary Control Areas, nor does it prohibit the City or other authorized users from using the
surface or subsurface area within the Permanent Easement Area for other purposes, including
installation, maintenance, repair, and use of an irrigation system or recreational amenities. The
purpose of ine limited exclusivity granted to the District by this section is that neither the City
noiother users will access the Distiict's Treatment Building, the wells' pump houses or building
structures, the area within the wells themselves, or the same trench that holds the District's well
connecting lines.
2. Temporary Construction Easement. In addition to the foregoing Permanent
Easement, City, as brantor, hereby grants and conveys to District, its agents, employees,
contractors, consultants, and permittees, as Grantee, a temporary construction easement (the
.,TCE',) on, over, across, and through that portion of the Property legally described on Exhibit D
and depicted on Exhibit D-1 attached hereto (the "TCE Area") for any and all purposes relating
to or for (u) a..igning, a.itting, installing, and constructing the New Well, the New Well's
building structures, anA related appurtenances, (b) designing, laying and installing the New Well
Conneciing Line and the Well #6 Connecting Line, and (c) staging and storage of materials and
equipment*used in connection with the foregoing work. The TCE shall include rights of ingress
und .g."5 for such studies, tests, surveys, and examinations reasonably required for performance
of thelforegoing work. District shall have the right to install temporary fencing around all or any
portion of the TCE Area.
Should the District require use of the Property outside of the Permanent Easement Area
to conduct future maintenance or repair work on the Existing Improvements or the Additional
Improvements once initially constructed, the parties agree to negotiate in good faith the terms of
-3-
tt26819.20 - 049361 -0134
any future Temporary Construction Easement or license that may be required to authorize that
temporary use.
3. Duration of TCE. The TCE shall commence on the Effective Date and shall
automatically terminate and expire upon the earlier of (a) issuance of a permit by the Washington
State Department of Health andlor receipt by District of approval from the Department of
Ecologyind/or any other governmental approvals necessary for the use and operation of the
New Well, or (b) the date that is two years after the Effective Date, unless extended by mutual
agreement of the Parties.
4. Construction of. or Maintenance and Repairs to. the Improvements.
4.1 Compliance With Laws. District shall construct, maintain, and repair the
Additional Improvements in a workmanlike manner and in compliance with applicable statutes,
ordinances, rules, and regulations of all governing authorities.
4.2 Approval of Construction Plans.
4.2.1 Existing Improvements. Within 30 calendar days after the date
this Agreement is fully signed, the District shall provide City with existing documentation in the
District's records that identifies the location, to the extent documented, of the depth and
horizontallocation of the District's Existing Improvements on the Property. The City agrees to
protect those records from further dissemination as may be authorized under state public
disclosure laws.
4.2.2 Approval of Construction Drawings for Additional Improvements.
Before constructing the Additional Improvements provided for by this Agreement, the District
shall provide a copy of its final construction drawings to the City for the City's approval, which
approval shall not be unreasonably withheld. If the City fails to advise the District of any
"on".*r related to those final construction drawings within 30 calendar days of their receipt by
the City, the final construction drawings shall be deemed approved. If the City advises the
District of concerns within the time required by this section, the City and the District will
negotiate in good faith to resolve those concerns in a manner acceptable to both the City and the
nistrict. The District agrees to construct the Additional Improvements consistent with the
approved final construction drawings and applicable building codes, permits, and regulations.
4.2.3 As-Builts for Additional Improvements. within 60 calendar days
after completion of the construction of the Additional Improvements, the District shall provide
the City with final as-built drawings that show the actual physical location and construction of
the District's Additional Improvements on the Property.
4.2.4 Coordination of Future Maintenance or Repairs. District agrees to
notify City before undertaking any future maintenance or repairs on the Existing Improvements
or the Additional Improvements that would require disruption of the surface of the Property
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1726819.20 - 049361 -OL34
within the Permanent Easement Area, and, except in the case of any emergency maintenance or
repairs, shall use good faith efforts to coordinate scheduling of the maintenance and repair work
so as to mitigate the impact that work may have to other users of the Property, including the
City's use of the Property, while nevertheless completing the work to be performed.
4.3 Restoration. Should any work the District undertakes on the Property in
exercising its rights under this Agreement, either within the Permanent Easement, within any
TCE Area, or within any other part of the Property, damage or disrupt the surface of the
Property, the City's Recreational Elements, the City's irrigation system or other facilities, or
other users' facilities, (collectively, "Property and Facilities"), the District shall restore the
Property and Facilities, at the District's sole cost, to substantially the same condition in which it
existed prior to commencement of such activities.
5. Insurance. District shall at all times during the existence of the easements
described herein maintain a policy of commercial general liability insurance insuring, on an
occurrence basis, against any and all claims or causes of action for death, bodily injury, or
property damage resulting from the negligence of District or any of District's employees, agents,
contractors, or subcontractors, with limits of not less than Two Million Dollars ($2,000,000.00)
per occurence and not less than Three Million Dollars ($3,000,000.00) annual aggregate. The
City of Kent shall be named as an additional insured on the District's policy of commercial
general liability insurance with respect to this Agreement. Upon City's request, District shall
provide City with proof of insurance evidencing District's compliance with the foregoing
provisions of this Section 5.
6. Declaration of Protective Covenants. City covenants and agrees that the City, its
successors and assigns, will not construct, maintain, or suffer to be constructed or maintained
within one hundred feet (100') of Well #6 or within one hundred feet (100') of the New Well, as
such radii are legally described on Exhibit attached hereto and depicted on Exhibit E-1
attached hereto (the "Sanitary Control Areas") any potential source of contamination, such as
cesspools, privies, septic tanks, drainfields, sewer lines, manure piles, underground storage tanks,
roads, railroad tracks, vehicles, structures, barns, chicken houses, rabbit hutches, pig pens, feed
stations, grazinganimals, enclosures for maintaining fowl or other animals or manure, liquid or
dry chemical storage, herbicides, insecticides, hazardous waste, or garbage of any kind or
description, nor use or apply within the Sanitary Control Area any herbicides, insecticides, or
other toxic chemicals or substances. City acknowledges that the Sanitary Control Areas and
foregoing covenants and restrictions are necessary and required by law in order to keep the water
supplied by District from Well #6 andthe New Well free from impurities that might be injurious
to public health and to satisfy King County Department of Health or other regulatory
requirements, City agrees to execute and deliver to District for recording a completed Restrictive
Covenant Public Water Supply (Well) substantially in the form attached as Exhibit F hereto.
District agrees to advise the City of any changes to state or county health regulations concerning
the Sanitary Control Areas that may impact the City's use and maintenance activities on the
Property.
7726819.20 - 049361 -0134
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The District intends to construct a driveway within the Permanent Easement and Sanitary
Control Area to access the New Well's pump house, to which the City intends to construct a
connected asphalt pedestrian path. Additionally, the District is aware of the City's intended
construction
-of
u sand volley6all court and asphalt pickleball courts ("Recreational Elements"),
and the continued maintenance of an asphalt basketball court, within the Sanitary Control Areas'
A conceptual drawing of the proposed Recreational Elements is attached and incorporated as
Exhibit b. By signing this Agreement, the District affirms that it has discussed the construction
of tn"r. n.creational
-Elements
and the continued maintenance of the existing basketball court
within the Sanitary Control Areas with the state Department of Health and Public Health -
Seattle & King County, and has confirmed that the identified uses and materials, including
asphalt and necessary overlays, are not sources of contamination and will not conflict with
restrictions applicabie to the Sanitary Control Area set forth in the first paragtaph of this
Section 6 and the provisions of Exhibit F hereto.
7. Maintenance and Repair. District shall be solely responsible for maintenance,
repair, and replacement of District'i facilities and improvements within the Easement Area. City
snaU Ue solely responsible for maintenance, repair, and replacement of all other facilities and
improvements and all landscaping on the Property.
8. Indemnity. District shall defend, indemnify, and save City harmless from and
against any and all claims, demands, losses, damages, expenses, liens, charges, and liabilities of
aiy kind and description arising from or in connection with: (a) any claim, demand, suit or action
brought against City for bodily injury (including death), personal injury, or damage to or loss of
or destruciion of property suffered or alleged to have been suffered by any person, firm,
corporation, or entity from District's negligent acts or omissions relating to the Permanent
Easement granted herein or from the District's use of the Property, except to the extent any such
injuries, deattr, or damages are caused by the City's negligent acts or omissions; provided,
h6wever, that to the extent the easement rights granted herein are subject to the provisions of
RCW 4.24.115, it is agreed that where liability for damages arising out of bodily injury to
persons or damage to property is caused by or results from the concurrent negligence of the City
and the District, or tneir rispective officers, agents, employees, or representatives, the District's
indemnity obligations under this Section 8 shall be effective only to the extent of District's
negligence.
In consideration of City's execution of this Agreement, District hereby waives
any immunity it may have under applicable workers' compensation benefits or disability laws,
including, but not limited to, Title 51 RCW, in connection with the indemnity set forth in this
SECtiON 8. THE PARTIES ACKNOWLEDGE THAT THIS PROVISION IS THE PRODUCT
OF MUTUAL NEGOTIATION.
g. Termination b)' District: Removal of Surface Improvements. This Agreement,
including the Permanent Easement and the Protective Covenants regarding the Sanitary Control
Areas, may be terminated by: (i) District upon written notice to City, (ii) the District's
abandonmint or permanent non-use of the wells to furnish water for public consumption; or
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7726819.20 - 049361 -0134
(iii) mutual agreement of the Parties. If City concludes the District has abandoned or
peimanently -eased use of the wells to furnish water for public consumption, the City shall
provide1l,lritt"n notice to District of City's determination. Upon any such termination, and unless
ttherwise agreed in writing by City, District agrees (a) to remove the Treatment Building and the
Well #6 und N"* Well surface improvements, (b) to remove the underground waterlines, (c) to
decommission all Wells in compliince with applicable law, and (d) to restore the surface of the
Easement Area and any portion of the Property damaged by such removal or decommissioning
of the Wells to a reasonably level and clean condition.
10. Successors and Assigns. The easements, covenants, restrictions, and agreements
set forth in this Agreement shall (a) be effective on the Effective Date, (b run with the land, and
(c) be binding upon and inure to the benefit of the Parties and their respective successors and
assigns.
I 1. Notices. Any desired notices or other communications required or permitted
under this Agreement shall be in writing and shall be (a) personally delivered (including by
means of professional messenger service), (b) sent by registered or certified U.S. Mail, postage
prepaid, ..tu.n receipt requested, or (c) sent by ovemight delivery using a nationally recognized
overnight courier service, to the Parties at the following addresses:
To District/Grantee: Lake Meridian Water District
272241441h Avenue SE
Kent, WA 98042
Attn: General Manager
With a copy to Inslee Best Doezie & Ryder, P.S
10900 NE 4th Street, Suite 1500
Bellevue, WA 98004
Attn: Curtis Chambers
To City/Grantor City of Kent
220 Fourth Avenue South
Kent, WA 98032
Attn: Parks Planning and Development Manager
With a copy to: CitY of Kent
220FourthAvenue South
Kent, WA 98032
Attn: City Clerk
Notices personally delivered shall be effective upon delivery. Notices sent by certified or
registered U.S. Mail shall be effective on the third business day following deposit in the mail.
Njtices sent by overnight courier service shall be effective one business day following delivery
tL26819.20 - 049361 -0134
-7-
to the courier. Either Party may change its address for notice by written notice given to the other
Pafi at any time.
12. Attornev's Fees. If either Party brings any suit, action, arbitration or other legal
proceeding of any nature whatsoever relating to this Agreement or the rights or obligations of the
itarties wiih respect hereto, each such Party shall be responsible for its own attorney's fees in
connection therewith. This provision shall not apply to any indemnification and defense
obligation the District is required to provide under Section 8 above.
13. Specific Performance. If either Party fails to perform its obligations under this
Agreement, the aggrieved Party shall be entitled to require such performance by suit for specific
p"ifo..nun"e, or, where appropriate, through injunctive relief. Such remedies shall be in addition
to any other remedies afforded under this Agreement or Washington law.
14. Authority. Each person executing this Agreement on behalf of a Party hereto
represents and wanants to the other Party, on his or her own behalf and on behalf of the Party for
*fui"h such person signs, that he or she has full authority to bind such Party to the terms of this
Agreement.
15. Entire Agreement. Recitals: Exhibits: Amendment. This Agreement represents the
entire Agreement between the Parties with respect to the subject matter hereof. The Recitals and
Exhibits hereto are a part of and incorporated into this Agreement by this reference. This
Agreement may only be modified or amended by a wriften document mutually signed by the
Parties.
16. Counterparts. This Agreement may be executed in counterparts, each of which
shall be deemed an original, and all of which, when taken together, shall constitute one and the
same instrument.
IN WITNESS WHEREOF, the Parties have executed this Agreement.
CITY/GRANTOR: DISTRICT/GRAII{TEE:
CITY OF KENT,
a Washington municipal corporation
By
PrintName
Its
LAKE MERIDIAN WATER DISTRICT,
a Washington special purpose
municipal corporation
PrintName: Ntrq{Fnr e" t+AtL
rts: 6e-iPero.l /YIANA6<A
1126819.20 - 049361 -0134
-8-
STATE OF WASHINGTON
COUNTY OF KING
4tdn
On this oLb day
to me known to be
within and foregoing and
deed of said municipal corporation, for the uses and
he or she was authorized to execute said instrument.
In witness
first above EY 4
2021, before me personally appeared Mvta- RaJ
OF KENT, the Washington municipal corporation that executed the
acknowledged said instrument to be the free and voluntary act and
purposes therein mentioned, and on oath stated that
SS.
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have hereunto set my hand and affixed my official seal the day and year
0,
Name)
NOTARY PLIBLIC in and for the
State of at
202l,beforc me personally apPeared
to be the General Manager of LAKE MERIDIAN
0My
STATE OF WASHINGTON
COUNTY OF KING
onthis \\@day
lrVaS
State of Washington, residing at- lL\^^; r"'ttk'
My appointment
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)
)
, to me known
WATER DISTRICT, the Washington special purpose municipal corporation that executed the within and
foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said
municipal corporation, for the uses and purposes therein mentioned, and on oath stated that he was
authorized to execute said instrument.
In witness whereof, I have hereunto set my hand affixed my official seal the day and year
first above written.
ltt lg e_.A- (-K l1
(PrintN
NOTARY C in and for the
1126819.20 - 049361 -0134
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-9-
EXHIBIT'A'
Owner: City of Kent
Parcel No.809141-1150
Legal Description of ProPertY
Tract C, Sun Meadows Division No. 2, as recorded in Volume 130 of Plats, Pages 61-62'
records of King County, Washington.
(Reference Deed AFN 19990930002393, Records of King County Washington)
Page 1 of 1
I-AKE MERIDIAN WATER
DISTRICT
WELL 6 REHABILITATION
TAX PARCEL NO. 809141-1150
EXISTING IMPROVEMENTS
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EXHIBIT'C'
Ownen Gity of Kent
Parcel No. 809141-1150
Permanent Easement Legal Description
LEGAL DESCRIPTION OF GRANTOR'S PARCEL
Tract'C', Sun Meadows Division No.2, as recorded in Volume 130 of Plats, Pages 61-62,
records of King County, Washington.
(Reference Deed AFN 19990930002393, Records of King County Washington)
LEGAL DESCRIPTION OF EASEMENT AREA
That portion of the hereinabove described Grantor's Parcel described as follows
BEGINNING at the Southeast Corner of Lot 1, said Plat of Sun Meadows Division No. 2;
THENCE North 01"41'49" West along the common line between said Lot 1 and Tract'C'a
distance of 108.02 feet to the Northeast Corner of said Lot 1 ;
THENCE South 88"00'13" West along the common line between said Lot 1 and Tract 'C' a
distance of 5.52 feet;
THENCE North 14'11'02" West a distance of 59.97 feet;
THENCE South 75'48'58" West a distance of 2.50 feet;
THENCE North 14"1 1'02" West a distance of 61.70 feet;
THENCE North 07'39'41" East a distance of 21.26 teet;
THENCE North 14'47'17" West a distance of 28.47 feet;
THENCE South 75'12'43" West a distance of 15.00 feet;
THENCE North 14"47'17" West a distance of 20.00 feet;
THENCE South 75'12'43" West a distance ol 47.05 feet to the Westerly line of said Tract 'C'
and the beginning of a 825.00 foot radius non{angent curve to the left, the center of which
bears South 75"54'24" West;
THENCE Northerly along the arc of said curve and said Westerly line a distance of 20.00
feet, through a central angle of 01'23'20";
THENCE North 75"12'43" East a distance of 47.05 feet;
THENCE North '14'47"17" West a distance of 11.00 feet;
THENCE North 75'12'43" East a distance of 29.00 feet;
THENCE North '14'47'17" West a distance of 9.00 feet;
THENCE North 75'12'39" East a distance of 31 .00 feet;
THENCE South 14'47'17" East a distance of 71.22feet;
THENCE South 07'39'41" West a distance ol 47 .64 teel;
THENCE South 14''l 1 '02" East a distance of 14.14 feel',
THENCE North 89"49'30" East a distance of 75.98 feet to the Easterly line of said Tract'C';
THENCE South 01'05'58" West along said Easterly line a distance of 10.00 feet;
THENCE South 89"49'30" West a distance of 73.27 feet;
THENCE South 14'1 1'02" East a distance of 30.50 feet;
THENCE South 75'48'58" West a distance of 12.50 feet;
THENCE South 14'11'02" East a distance of 87.83 feet;
THENCE South 88'50'46" East a distance ot 54.11 feet to the Easterly line of said Tract 'C';
THENCE South 0'l '05'58" West along said Easterly line a distance of 60.98 feet to the
beginning oI a25.Q0 foot radius curve to the right;
fHEruCe Southwesterly along the arc of said curve and along the Easterly and Southerly line
of said Tract'C' a distance of 39.29 feet, through a central angle of 90"03'16";
THENCE North 88'50'46" West along the Southerly line of said Tract'C' a distance of 44.95
feet to the POINT OF BEGINNING.
Contains 16, 863 Square Feet, more or less.
Page 1 of 1
I.AKE MERIDIAN WATER
DlSTRICT
WELL 6 REHABILITATION
TAX PARCEL NO. 809141-1150
PERMANENT EASEMENT
EXHIBIT 'C_1'
EXHIBIT'C-1'I so'I
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SEE PAGE 2 OF 2 FOR UNE AND
CURIE TABI.E.
e =FOUND MONUMENT lN CASE
4 I30' 60't
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PAGE 1 OF 2
CITY OF KENT
TAX PARCEL NO.
809141-1.l50
.1.FtoN'tlldlioNtct
'olLl'
I.AKE MERIDIAN WATER
DSTRICT
tl,ELL 6 REHABILITATION
TAX PARCEL NO. 809141-1150
PERMANENT EASEMENT
EXHIBIT 'C-1'
UNE TABI.E
LINE BFARING LENGTTI
L1 N01'41'491V 108.02'
t2 s88'00'13'UJ 5.52'
L3 N1/f1 1'02'$/5S.97'
L4 s7$48'581Y 2.50'
L5 N14't 1'02'$/61.70'
L6 N0739'4r'E 21.26'
L7 N1C47'17'$'28.47'
L8 s75'12'43'w 15.00'
L9 N14'47'171V 20.oo'
110 s75"1 2'43nY 47.O5'
LtI N7s'12'43'E 47.O5'
L12 N1,f47'17'tll 1 r.00'
113 N75'1 2'43"E 29.00'
Ll4 N14;47'17\9.00'
115 N75't2'39"E 31.00'
116 s14;47'17'E 71.22'
L17 s0739'41'W 47.64'
118 sl 4't 1'02'E 14.14'
Ll9 N89'49'30'E 75.98'
L20 s01'05'58"Y{10.00'
L21 s89'49'301V 73.27'
t22 s14'1 1'O2'E 30.50'
L23 s7$48'58'lV 12.50'
L24 s1#11'02'E E7.83'
125 s88'50'46'E 54.1 1'
a6 s01'05'58'Y{50.98'
t27 N8A50'46'll'44.95'
EXHIBT'C-1'
CUR1YE TABIT
CURVE RADIUS LENGfi DELTA
c1 E25.00'20.00'001'23'20'
c2 25.00'39.29'09003'16'
PAGE 2 OF 2
EXHIBIT'D'
Owner: Gity of Kent
Parcel No. 809141-1150
Temporary Gonstruction Easement Legal Description
LEGAL DESCRIPTION OF GRANTOR'S PARCEL
Tract ,c,, sun Meadows Division No. 2, as recorded in Volume 130 of Plats, Pages 61-62,
records of King County, Washington.
(Reference Deed AFN 19990930002393, Records of King County Washington)
LEGAL DESCRIPTION OF EASEMENTAREA
That portion of the hereinabove described Grantor's Parcel described as follows:
COMMENCING at the Northwest Corner of said Tract'C';
THENCE North 74"29'23" East along the Northerly line of said Tract 'C' a distance of 85.95
feet to the POINT OF BEGINNING;
THENCE Continuing North 74'29'23" East along said Northerly line a distance of 20.00 feet;
THENCE South 14'47'17" East a distance of 79.65 feet;
THENCE North 75"12'43" East a distance of 40.00 feet;
THENCE South 14'47'17" East a distance of 80.00 feet;
THENCE South 75"12'43" West a distance of 100.00 feet;
THENCE Norhh 14"47'17" West a distance of 20.00 feet;
THENCE South 75'12'43" West a distance of 42.23 feet to the Westerly line of said Tract 'C'
and the beginning of a 825.00 foot radius curve to the left, the center of which bears South
76'36'04" West;
THENCE Northerly along the arc of said curve and said Westerly line a distance of 40.00
feet, through a central angle of O2'46'42"i
THENCE North 75"12'43" East a distance ot 82.23feet;
THENCE North 14.47',17" West a distance of 99.40 feet to the PoINT OF BEGINNING.
Contains 10,473 Square Feet, more or less.
Page 1 of 1
LAKE MERIDIAN WATER
DISTRICT
WELL 6 REHABILITATION
TAX PARCEL NO. 809141-1150
TEMPORARY CONSTRUCNON EASEMENT
EXHIBIT ,D-1'
EXHIHT'D-1'
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CITY OF KENT
TAX PARCEL NO.
809141-1150
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PAGE 1 OF 2
LAKE MERIDIAN WATER
DISTRICT
WELL 6 REHABILITATION
TAX PARCEL NO. 809141-1150
TEMPORARY CONSIRUCTION EASEMENT
EXHIBIT ,D-1'
LINE TABtf
LINE BEARING LENGTH
L2E N7+29'23'E 85.95'
129 N7q29'23'E 20.00'
l*30 sl{'47'17'E 79.65'
L31 N75'12'43'E 40.00'
132 sl4f47'17'E 80.oo'
133 s75'12'45'tV 100.00'
u4 N1/r'47'17'YY 20.00'
us s75't2'431Y 42.23'
136 N75'12'43'E a2.23'
L37 Nrf47'171V 99.40'
EXHIBIT'D-1'
CUR/E TABI.E
CURl/E RADIUS LENGIH DELTA
c3 825.0O'40.oo'ooz46'42'
PAGE 2 OF 2
EXHIBIT'E'
Owner: City of Kent
Parcel No. 80914{-1150
Sanitary Control Areas
EXISTING 1OO FOOTWELL SITE
That portion of Tract'C', Sun Meadows Division No. 2, as recorded in Volume 130 of Plats'
eagei OteZ, records of King County, Washington, described as follows:
A 100 foot radius Well Site easement as shown on said plat of Sun Meadows Division No. 2,
the center of which being 100.00 feet Westerly of the Easterly line of said Tract 'C' and
100.00 feet Northerly of the Northerly line of Lot 1 of said Plat, both of which are measured
perpendicular to their respective line.
baib IOO foot radius shali be trimmed along the Westerly line of said Tract'C'.
NEW 1OO FOOTWELL SITE
That portion of Tract'C', Sun Meadows Division No. 2, as recorded in Volume 130 of Plats,
Pages 61€2, records of King County, Washington, described as follows:
A 100 foot radius, the center of which lies as follows:
BEGINNING at the Northeast corner of said Tract'C';
THENCE South O'1'05'58" West along the Westerly line of said Tract 'C' a distance of 123.25
feet;
THENCE North 88'54'02" West a distance of 100.00 feet to the center of the herein
described radius.
said 100 foot radius shall be trimmed along the westerly line of said Tract'C',.
Page 1 of 1
I.AKE MEHIDIAN WATER
DSTRICT
WELL 6 REHABILITATION
TAX PARCEL NO. 809141-1150
SANITARY CONTROL AREAS
EXHIBIT ,E-1'
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SEE PAGE 2 OF 2 FOR UNE AND
CUR\E TABTE.
O =FOUND MoNUMENT lN CASE
30' 60' '120'
PAGE 1 OF 2
EXHIBIT F
Form of
Restrictive Covenant Public Water Sunplv (Well)
fSee attachefl
1726819.7! - 049361 -0134
- 15-
Retum Address:
DISCLAIMER REGARDING USE OF THIS FORM
This blank form is provided for informational purposes only and is not intended as a complete or legally
sufficient form. Neither King County, Public Health - Seattte & King County, nor any of their officials and
employees make any warranty of any kind, express or inplied, in relation to any information on this form or
any use made of this form by any person. No information on this form, nor any use made of this form shall
create any liability on the part of King County, Public Health - Seattle & King County, or any of their
officials or employees. As with any document affectlng the rights and responsibiHties of real property
ownership, we recommend that you consult with your private legal counsel before filling out, signing, or
making any other use of this form.
RESTRICTIVE COVENANT
PUBLIC WATER SUPPLY (WELL)
Reference numbers of related documents:
On page
-
of document
Grantor(s) (Last, First, Middle Initial):
L
a
J.
Additional names on page
-
of document
Grantee(s) (Last First, Middle Initial):
1.
,,
J.
Additional names on page _ of document
Legal Description:
I, Abbreviated form (lot bloclq plat name, section-township-range)
2. Addition legal description is on page
-
of document.
Assessor's Property Tax Parcel Account Numbers:
NAME OT'WELL
The grantor herein is(are) the owner(s) of (an interest in) the following real estate
situated in King County, State of Washington, to wit: (NEIGHBOR'S LEGAL, PARCEL NIIMBER &
E-Share-Forms+ovenants-Restrict iv e I 0 I 26 I 05
ADDRESS).
The srantee(s) herein.
ir ("r") the o*ner i" f" ituated
in county, state of washington, to-wit: (owllER's LEGAL, PARCEL
NIJMBER & ADDRESS)
on which the grantee(s) owns and operates a well and waterworks supplying water for public use located on said
real estate, to-wit: (PINPOINT Tm ACCURATE LOCATION OF TIIE WELL SITE' FOREXAMPLE, 125
FEET OF THE SOUTH PROPERTY LINE AND 1OO FEET EAST O[' TIIE WEST PROPERTY LINE).
which well and waterworks is in close proximity
to the land of the grantor, and said grantee is required to keep the water supplied from said well free from impurities
which might be injwious to the public health.
It is the purpose ofthese grants and covenants to prevent certain practices hereinafter enumerated in the use ofthe
said grantor's land which might contaminate said water supply.
NOW, THEREFOR$ the Grantor(s) agree(s) and covenant(s) that said grantor(s), (his/her/their) heirs, srtccessors,
and assigns will maintain the 11}-foot radius around the wellfrom the encroachment of animals by a physical
barrier and will not construct, maintain or suffer to be constructed or maintained upon the said land of the grantor
and within 100 (one hundred) feet of the well herein described, so long as the same is operated to Jiurnish potable
waterfor public consumption, any of thefollowing: cesspools; sewers; pressure effiuent pipes; building sewers;
privies; septic tanlcs; drainfields; and any other receptaclefor the storage, conveyance, treatment, or disposal of
sewage; manure piles; tnanure, sewege, and other lagoons; buildingfoundations; garbage ofany lcind or
description; Ioafi.ng shed; animalfeeding stations: bqrns; chicken houses; rabbit hutches; dog kennels; pigpens; or
other enclosures or sfiucturesfor the keeping or maintenance offowl, animals; underground storage tanks;
hazardous waste sites; storage ofliquid or dry chemicals, herbicides, or insecticides; public roads; surface water;
railroad traclrs; power utility or gas lines. or known or suspected sources of contamination such as use or
application ofliquid or dry chemicals, herbicides or insecticides on or around householdfoundations or any other
structuralfoundations; andfuel storage tanks. No well shall be drilled within 1000feet of known sanitary and
abandoned landfills.
These covenants shall run with the land and shall be binding on all parties having or acquiring any right, title, or
interest in the land described herein or any part thereof, as long as said well or waterworlis is used for the purpose of
furnishing potable water for public consumption.
WITNESS hand-this - ----dav of 19
#s"aD
State of WashingtoncountyoU
I, the undersigned, a Notary Public in and for the above named County and State, do hereby certiS that on
this- day ot_, 19 , personally appeared before
frA
to me known to be the individual described in and who executed the within insfirument, and acknowledge that
he(they) signed and sealed the same free and voluntary act and deed, for the uses and puqroses,R
theroin mentioned.
GIVEN under my hand and official seal the day and year last above written.
residing
(Notary Public in and for the State of Washington,
FILING:
King Count-v Recorder's Office
Room 311, County Administration Building
4th & James, Seattle, WA 98104
Phone: Q06)296-1570
FILINGFEE:
$19.00 for I't page (copy will be stamped
free)
$1.00 for each additionalpage
E-Share-Forms-covenants-Resaic tiv e I 0 I 26 / 0 5
EXHIBIT G
Citv Recreational Elements
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