HomeMy WebLinkAboutCAG2021-257 - Supplement - Lake Meridian Water District - Well #6 Sun Meadows Park Easement & Declaration of Protective Covenants - 05/26/2021FOR ClrY OF KENT OFFICIAL USE ONLY
sup/Mgr:
Agreement Routing Form Dir Asst:
For Approvals, Signatures and Records tuan["ment - Dir/Dep
This form combines & replaces the Request for Mayor's Signature and Contract Cover Sheet forms.
(Print on pink or cheny colored paped
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Z4-KENT (Optional)
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Originator:
Lynn Osborn for TerrY Jungman
Department:
Pa rks Recre a ti o n &Co m m u n ity Se rV c e SI
Date Sent:
os/20/202r
Date Required:
Earliest possible please
Authorized to Sign:
Director or Designee Mayor
Date of Council Approval
04/27 /202t
Budget Account Number;
Budget? flves!t"to
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Type: N/A
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Vendor Name:
Lake Meridian Water District
Category:
Other
Vendor Number:
:Custome r 58877
Sub-Category:
Original
Project Name: Well #6 Easement and Declaration of Protective Covenants at
Sun Meadows Park
Projecr n.t{/a66sss easeme nt,
treatment facilitY,i;ffaX"'"T:
tions for existing and new well and water
nt for payment to CitY.
Agreement Amount: $45, 000. 00
StartDate: Upon final signature
Basis for Selection of Contractor, Other
* Memo to Mayor must be attached
Termination Date: NOne
Local Business tf meets rcquircments per KCC 3.70.i00, please complete'Yendor Purchase-Local Exceptions" form on Cityspace.
Business License Verification vesn ln-pro."rrf]Et"tpt (KCc s.o1 .04s)
Notice required prior to disclosure?
[vetflr.ro
Contract Number:
r;.'l\ fr5- Qaqlolt
Comments:
r 2Date Received bY CitY AttorneY:
Date Routed to the Mayor's Office:
Date Routed to the Clty Clerk's Office:
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ad(W223i l_l_20 Visit Documents.KentwA.gov to obtain copies of all agreements
rev.20210219
CAG2021-257
4/1/2022 rcvd recorded version
Instrument Number: 20220308001054 Document:AG Rec: $229.50 Page-1 of 27
Record Date:31812022 2:15 PM
King County, WA
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i 120220308001054
AGREEMENT ROC, $229.50
a$1812022 2:15 PM
Return Address: t r ` j� { r itli!iG COUNTY, WA
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please print or type information WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.Q4)
Document Titles) (or transactions contained therein); [all areas applicable to your document must be filled my
1. f 2.
3. 4.
Reference Number(s) of Documents assigned or released:
Additional reference #'s on page of document
Grantor(s) Exactly as name(s) ppear on document
y��w�
2. ,
Additional names on page of document,
Grantee(s) Exactly as name(s) appear yon� Idocument `
i , L.f�i,L
2.
Additional names on page of document.
Legal description (abbreviated: i.e. lot, block, plat or section, township, range)
Additional legal is on page of document.
Assessor's Property Tax ParceVAccount Number U Assessor Tax # not yet
assigned 9 f 0
The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document
to veri the accuracy or Completeness of the indexing information provided herein.
am signing below and paying an additional $50 recording fee (as provided in RCW 36.18.410 and
[erred to as an emergency nonstandard document), because this document does not meet margin and
rmatting requirements. Furthermore, ) hereby understand that the recording process may cover up or
terwise obscure some part of the text of the original document as a result of this request"
Signature of Requesting Party
Note to submitter: Do not sign above nor pay additional $50 fee if the document meets marginlformatting requirements
Instrument Number: 20220308001054 Document:AC Rec: $229.50 Page-2 of 27
Record Date:31812022 2:15 PM King County, WA
FILED FOR RECORD AT THE REQUEST
OF AND RETURN TO:
Lake Meridian Water District
27224144th Avenue S.E.
Kent, Washington 98042
Document Title(s): Easement Agreement
Reference Number(s) of Documents assigned or released: NIA
Grantor(s): City of Kent
Grantee(s): Lake Meridian Water District
Legal Description: TRACT C, SUN MEADOWS DIVISION NO 2
Assessor's Property Tax Parcel/Account No: 8091411150
Instrument Number: 20220308001054 Document:AG Rec: $229.50 Page-3 of 27
Record Date:318I2022 2:15 PM Ding County, WA
EASEMENT AGREEMENT AND
pECLARATION DE PROTECTIVE COVENANTS
THIS EASEMENT AGREEMENT :AND DECLARATION OF PROTECTIVE
COVENANTS (this "Agreement"); made and entered into effec&eas o€the :later of the .
signature dates below (the "Effective Date Xis by and=between the MY OF KENT,.a
%ingtonmunicipO corporation (heMn "City" or "Grantor') -and LAKE MERIDIAN
WATER DISTRICT, a Washington special purpose municipal corporation -(herein "District" or
"Grantee") (individually a -``Panty" aM collectively the "Parties").
RECITALS:
A. City is successor -in -interest to King County, Washington (the "County') as owner
Of the real property commonly known "Sun Meadows Park and legally describes on Exh'ibit_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 F8-14-85 issued on May 17, 4985 (the "Permit"},
including its Terms and Conditions, Special -Provisions, and, Declaratim of Coveriant Running -
With the Land,=the County authorities District (flkla "King County. Water District No. III') to
construct, operate, and maintain a we11 for public water supply on'the Property. By its, express
terms, the Permit expired autamaticaUy after five (5) years, unless renewed, and ffio rties-have
identified no a . greement- s renewing the. Permit..
D. In accordance with the Permit, District constructed a well ("Well #G"), connecting
pipelines; and a water treatment facility- (the "Treatment Building"} oh'the Property in the
locations depicted on.,Exi ibii,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 bythe
District and are essential for the Distriet's supply-af potable water to -its customers.
E: - Well 06 is failing, and a replacement well (the "New well) must be drilled,-
install kand constructed on.the Property; far incorporation into District's water:supply system:
Wkhout limitation of District's wfitiriuing use of We11,46 for wateir withdrawal if necessary to
maximize District's water rights -and supply, District intends to use existing Well #b 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 txisting
Impravenienis, as well as for -the New Well, for an'eight-inch connectingline: between the New
Well and the Treatment Building (the "ll C .New Weonnecting tine), and for an eight inch
�I.
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Instrument Number: 20220308001054 Document:AG Rec: $229.50 Page-4 of 27
Record Date:3/8I2022 2:15 PM King County, WA
connecting line from Well #6 to the New Well Line (the "-Well bonnecting Line")
(collectively,,the "Additional Improvements').
G. The Patties desire'the City also grant to District'6 temporary construction
casement for District's construction and installation of the Addidonal Improvements.
K The Parties desire otherwise to confnm'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.
1VOW, THEREFDRE, in consideration of the terms and conditions hereof and over goad -
and valuable consideration, the receipt -and suf£iciency.of which the Parties mutually
acknowledge, the Parties agree as -follows.
1. Permanent Easement far Existin valid Additional 'lit roveiiierits: City, as Grantor;
Hereby grants and -conveys to. District, as Grantee, a permanent, easement (the "Permanent
Ewme4f) on, over, and under;that portipn of the Property legally described on Exhibit' - : .
attached hereto and depicted on Ex liil}ii C=1 attached hereto (the "Permanent Easement Air e)
for the below stated purposes. All conneciirig 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
PermarientEasement shall be nonexclusive with respect to the District, except'as expressly stated
otherwise in this Agreement:
Weil #6;. fbr operating, inspecting, maintaining, and repairing Well 6% and
all apltiV4enanices�thereto;
1.2 . T'reatrnent:l3i[i[din =for operating, inspecting, niaintainirig, and repairing
the Treaiment-Building and all appurtenances thereto;
1.3 New�Vell; for locating, drilling; installing; constructing, Operating,
inspecting, maintaining; grid repairing the New Well, the New Well's building structures; and all
appurtenances; thereto;
1.4 New Well Capnectigj Line: fox laying, :constructing, installing; operating,
inspecting, maintaining; and repairing -the New Well Connecting Line between the New Well
and the Treatini nt Building; and
1.5 Well 46`CatinectiriLurie: for laying, installing, operating, inspecting,
maintaining, grid repairing the Well #6 -Connecting Line between .Well #b and the New Well
Connecting Line.
ii�se�.ra • oasa�i -a�sa . .. .
Instrument Number: 20220308001054 Document:AG Rec: $229.50 Page-5 of 27
Record Date:3/812022 2:15 PM King County, WA
Any replacement of the District's Existing Improvements orAdMonal-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 Dishict's use of the Property
or the Permanent Easement, and (ii) mitigate the impact the District's expanded or inten6fied
use has to other users of the Property, including the City's use of the Property, which may
necessitate a revision to this Agreement or the easement rights conveyed herein to the District.
Far 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 of the
building, if District determines, such expansion is reasonably required for telemetry, upgraded
power, and piping in support of the New WeH. The north wall of the underground overflow
storage 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
houseslbuilding 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 the limited exclusivity granted to the District by this section is that neither the City
nor other users will access the District's Treatment Building, the wells' -pump houses "or building
structures, the area within the wells themselves, orlbe same trench that holds the. District's well
connecting lines.
2. 'fem ora .Canst gdtior+ Ease 6jt: In addition to the foregoing Permanent
Easement, City, as'Grantor, hereby grants and conveys to District, its agents, employees,
contactors, consultants, arid permittees, as Grantee, a temporary construction easement (tile
Tt E") on, over, across, and through that portion of the Property legally described on°Exhibit D.,
and depicted on Exhibi-
t D-1 attached hereto (the "TCE Area) for any and all purposes relating
= to or for (a) designing, drilling, installing, and. constructing the New Well; the New Well's
building structures, and related appurtenances, (b) designing, laying and installing the New Well
Connecting 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
and egress for such studies, tests, surveys, and examinations reasonably required for performance
of the foregoing work. District shall have the right to install temporary fencing around all or any
portion of the ME Area.
Should the District require use of the Property outside of the Permanent Easement Area
to conduct future maintenaneeor repair work on the -Existing Improvements or the Additional
Improvements once initially .constructed, the parties agree to negotiate in good faith the terms of
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1126819.21)-049361-0134
Instrument Number: 20220308001054 Document:AG Rec: $229.50 Page-6 of 27
Record Date:318/2022 2:15 PM Ding County, WA
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 and/or.receipt by District of approval from the Department of
Ecology and/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 Re airs to iht Ian "raven 6n&..
4.1Compliance 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 Constttuction Plans.
4.2.1 Existin lm' roveinents.- 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
horizontal location 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 A roval of Co�zstructlQIl Drawin s for Additional-Im rflvements.
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
concerns 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
District. The District agrees to construct the Additional Improvements consistent with the
approved final construction drawings and applicable building codes, permits, and regulations.
4-13 As -guilts for Additional lni rovenierits. 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.
4,2A Coordination of Ftitu're Maintenance dr 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
A_-
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Instrument Number: 20220308001054 Document:AG Rec: $229.50 Page-7 of 27
Record Date:31812022 2:15 PM Ding County, WA
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 park 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 ($4000,000.00)
per occurrence and not less than Three Million Dollars 03,000,000.00) 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 ofi'rotective Covenants. City covenants and agrees that the City, its
successors and assigns, will not construct, maintain, or suffer to he constructed or maintained
within one hundred feet (100') of Nell-#6 or within one hundred feet (100') of the New Well, as
such radii are' legally described on Exhibit E 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 Pilo, unde ground storage tanks,
roads, railroad tracks, vehicles, structures, barns, chicken houses, rabbit hutches, pig pens, feed
stations, grazing animals, 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 and the 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.
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1126819.20 - 049361-0134 .
Instrument Number: 20220308001054 Document:AG Rec: $229.50 Page-8 of 27
Record Date:31812022 2:15 PM Ding County, WA
The District intends td 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 a sand volleyball 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
ExliNt G. By signing this Agreement, the District affirms that it has discussed the construction
of these Recreational 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 applicable to the Sanitary Control Area set forth in the first paragraph of this
Section 6 and the provisions of Exhibit'l' hereto.
7. ' Malnbenaiice•and Rc air: District shall be solely responsible for maintenance,
repair; and replacement of District's facilities arld improvements within the Easement Area. City
shall be solely responsible for maintenance, repair, and replacement -of all other facilities and
improvements and all landscaping on the Property.
8. f ndemnit . District shall defend, indemnify, and save City harmless from and
against any and all claims, demands, losses, damages, expenses, liens, charges, and liabilities of
any 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 toot loss of
or destruction 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, death; or damages.are caused by the City's negligent acts or omissions; provided,
however, that to the extent the easement rights granted herein are subject to the provisions of
RC1W 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 their respective 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, Distritflierebyvaives
any immunity it may have under applicable workers' compensation benefits or disability laws,
including, brit not limited to, Title 51 RC1W, in connection with the indemnity set forth in this
Section 8. THE PARTIES ACKNOWLEDGE THAT THIS PROVISION IS THE PRODUCT
OF MUTUAL NEGOTIATION.
9, Teriiiiitation w District. Retnoval dgwface f in rovemenfs. 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
abandonlneiit or permanent non-use of the wells to furnish water'for public consumption; or
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(iii) mutual agreement of the Parties, If City concludes the District has abandoned or
permanently ceased use of the wells to furnish water for public consumption, the City shall
provide written notice to District of City's determination. Upon any such termination, and unless
otherwise agreed in writing by City, District agrees (a) to remove the Treatment Building and the
Well #G and New Well surface improvements, (b) to remove the underground waterlines, (c) to
decommission all Wells in compliance 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. Successars 66d Assign's, The tascments, 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.
1 I. 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, return receipt requested, or (c) sent by overnight 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
Rent, WA 98042
Attn: General Manager
With a copy -to: Inslee Best Doezie & Ryder, P.S.
-10900 NE 4" 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
220 Fourth Avenue South
Kent, WA 99032
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.
Notices sent by overnight courier service shall be effective one business day following delivery
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Record Date:31812022 2:15 PM Ding County, WA
to the courier. Either Party may change its address for notice by written notice given to the other
Party at any time.
12. Attorne 's Fees. If either Party brings any suit,'aetion, arbitration or other legal
proceeding of any nature whatsoever relating to this Agreement or the rights or obligations of the
Parties with respect hereto, each such Party shall be responsible for its own attomey'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
performance, or; where appropriate; through injunctive relief. Such remedies shall be in addition
to any other remedies afforded under this Agreement or Washington law.
14. Authori . Each person executing this Agreement on behalf of a Party hereto
represents and'warrants to the other Party, on his or her own behalf and on behalf of the Party for
which such person signs, that he or she has full authority to bind such Party to the terms of this
Agreement:.
15. -Entire A regimen 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 written 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.
CITYIGRANTOR:
CITY OF KENT,
a Washington municipal corporation
-8-
1126819.20 - D49361-0134
DISTRICT/GRANTEE:
LAKE MERIDIAN WATER DISTRICT,
a Washington special purpose
municipal corporation
y:
Print Name: V tual C, 4i -
Its:
Instrument Number: 20220308001054 Document:AG Rec: $229.50 Page-11 of 27
Record Date:31812022 2:15 PM Ding County, WA
ACKNOWLEDGEMENTS
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this : a2Vday f 2021, before me personalty appeared WOL
to me known to be th the CITY OF KENT, the Washington municipal corporation that executed the
within and foregoing #ins runient, and acknowledged said instrument to. be the free and voluntary act and
deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that
he or she was authorized to execute said instrument.
In witnesIeC�FPly�lhave hereunto set my hand and affixed my official seal t11e day and year
first above;wri'Ey
a,
r37 -Ent Name}
�8L.1 NOTARY PUBLIC in and for the
' + �,$. '� State of Wa,,hin ion i�esi Ili at
rrf G� ems' S �
r�+t� My appointment expil'es
STATE OF WASHINGTON )
) S5.
COUNTY OF KING )
On this 0 1 day d. MAI 2021, before me personally appeared
i .am m C , - t1 6 to me known to be the General Manager of LAKE MERIDIAN
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, far 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 pan j affixed my official seal the day and year
first above written.
K KRU�rrr�
_,•���ssroy++y�� G�+rir
Ll
1126819,20-049361-0134
e 1:x r—
{Print Name}
NOTARYPLMLIC in and for the
State pf Washington, residing at
My,appointment eatpires 3
In
Instrument Number: 20220308001054 Document:AG Rec: $229.50 Page-13 of 27
Record Date:318I2022 2:15 PM Ding County, WA
Instrument Number: 20220308001054 Document:AG Rec: $229.50 Page-14 of 27
Record Date:3/812022 2:15 PM King County, WA
EXHBff G'
Owi er. City of Kent
Pakot f1O. 809i41=1180
PermenentEmment Legal Description.
L GPIL QE3 R .,w6� t]F:BftFit+ITG ' k� 2tEl.
Tract'C';:Sun Meadows Division No. 2, as recorded in Volume 130 of Plats, Pages 61-62,
racords of King County, Wsshirrgtom
(FWerenoe Deed AFN 19990930002393, Records of Kling County Washington)
. >`SCRIPTII7NOF' £fy9EH�'AREA
That portion of the heWnabove described. Grantor's Pared dembed as follows:
BEGINNING at the Southeast Comer of Lot 1, said Plat of Sun Meadows Division No. 2;
THENCE North 0104149' West along the common line between said Lot 1 and Trad'tr' a
distance:af 108.02 feetto the Northeast_ Comer:bf said Lot 1;
THENCE South 88.°00'13' West along the common line between said Lot 1 and Trai;t'C' a
distance of 5.52 feet;
THENCE North 14°11'00 West a distance of 59.97 feet;
THENCE South 75°458° West.a distance of 2.50 feat;
THENCE North t4°11'02° West a distance o[ s1.70 f* . -
- THENCE North 07039'41" East a distance of Zi,a6 feel;
THENCE North 14"41'17° West a'distanoe 4f 78.47 feel;
THENCE South 7512AT West a distance of 15.00 feet;
THENCE North 14°471i" West a distance of 20.00 feet;
THENCE South 75°i2'4T West a distance of 4T.05 feet to the Westerly line of said Tfact 'C'
and the beginning of a 825.00 foot radius non4ament curve to the left, the center of which
bears south 76,,w 4' wes
THENCE Northerly along the arc of said curve and said Westerly line a distance of 20.00
feet, through a eentral ae9lB of 0113'204;
THENCE North76!12'43' East a distance of 47.05 feet; .
THENCE North 14°oir West a distance of 11.00 feet;
THENCE North 75612'43° East a distance of 213.00 feet;
THENCE-NoM10017° West a distance of 9.00 feet;
THENCE North 75°12'39° East a distance of 31.00 feet;
' THENCE South 1.404717' East a distance.of 7.1.22 feet; .. '
THENCE South-a7ng'41° West a distance of 4T64 feet;
THENCE- South 1401 TOT East a distanced 14.1�4 feet;
:. THENCE"NA 89°49'3T East a distance of 75.98 feet to the Easterly line'of said Tract'C ;
THENCE South 01 °0668° West along said E'astedy line a distance of 10.00 feet;
THENCE South 89049'30° West a distance of 73.27 feet;
THENCE South 14°1 VOL? East a distance of 30.50 feet;
THENCE South 75°48'W West a distance of 12.50 feel;
THENCE South 14°11'02" East a distance of 81,83 feet;
THENCE SoA 88°50'460 East a distance of 54,11 feet to the Easterly line of said Tract'Cl.
THENCE Sauth 01'05'W West along said Easterly line a distance of 60.98 feet to the
beg Tiding of a 2500 feoi radius curie b-ft' djht;
THENCE Souti�esteNyr along the ac of said calve and along the,astetly and Santherly line
of isaid 7tact'C' a d sfarice of 39:29 lea#, 1wric'!4 a central angle 4f. 84°03'1 ti
THENCE North 88°50'46 West along the 566thady line of said Tract'C' a distance of 44.95
feet to the POINT-CF BEGINNING:
Contains 16, M Square Feal, more oriels.
Page 1 of 1
Instrument Number: 20220308001054 Document:AG Rec: $229.50 Page-15 of 27
Record Date:31812022 2:15 PM Ding County, WA
Instrument Number: 20220308001054 Document:AG Rec: $229.50 Page-16 of 27
Record Date:31812022 2:15 PM Ding County, WA
ME TA9LE
L1lE
GEARING I
each .
L1
: N 51'41' 43"W .
10&.02'• .
L2
VsBr00'13"W
, 5.v
_W s;;H141.1'GQ"YM'
.59.97''-
L4
57$'48 §n
2k '
L5 :'
N1411'021N
L6:
WOT39'41 E.
s1s`
L9 `.
010#17*
2B.4r
LB `,
,5751214A
-15,�'„
L9 '..N14'47'17'W.:
20.U0'
L10:
57512'43V
.47.05'
L11`
H75'12',43"E'
. 47.05'
L12'
HI447'171hf.
11.06'
L13
N761243t.
29Ad.
L14 •
H1447'17'W..
9.Od':
L1b
.H75.12'39'E
31.w
L18
51447'1_ri
L17
507'3 411Y
47.84'
L18
51411'021
140
L19
NA9'49'30'E:
75M
l.20
501:OS59'111;
'1D.00'
L21
399'49'3D*W
7327'
L22
''S14'11'OYfi=
30.50'.
L23 '
. 8*48'O
12.50'
U4
-S141i'02E'
;87&
L25,.
-SW 50.'467F;.
k11'.
L26
501'0958bi
60.96'
L27
NOB-50-46-W
'44aW
JA
CURVE
•RAD1U6
LENGiFI
CEl:1'IC
C1 '
825.00'
20,06'.,
DD1'Z3i0'•
C�
'_21 •
.39.29'
690'ES fe
Instrument Number: 20220308001054 Document:AG Rec: $229.50 Page-17 of 27
Record Date:31812022 2:15 PM Ding County, WA
ENEMY
Owner: City of Kent :..
Parcel No. 809141.1ISO
Temporary Construction Easement legal oescripoon
LE DESC fPTit3N aF�GRANTOR'S CEl •
7ract'C, Sun Meadows Division No. 2, as recorded in Volume 130 of Piats, Page 61-62$
records:of King'County, Washington:
(Reference Deed AFN 1999 093000239 S, Records of Yi.ng County Washington)
LECiAt .1ESClAStMENTAR
That portion of the hereinabove deson'bed GranWs Parcel described as follows:
t OMMCING at the Nortliwest Corner of said Tract.'C
THENCE North 74"29'23"East "along the Northerly line of said Tract'C' a distance of 85.95
featto t#ii POINT OF BEGINNING;:
THENCt Continuing North 74°28'23East along said Northerly line a distance of 20.00 Feet;
THENCE= South 14047'17' East a distance of 78.65 feet;
THENCE North 7501743' East a distance of 40.00 feet,
THENCE South 14°47'1.T East distance of 80,CO Feat;
THENCE South 7512'43° West a distance of 100.00. feet;
THENCE North 14'47'i7'West a distance.of 20:60 feet;
THENCi South 15012437 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
76038'04" Wesl; .
THENCE Northerly along the Pro of said curve and said Westerly line a dislanoe of 40.00 .
feet, through a central arrgla of 02°46 42";
THENCE North 75°1743' East a distance of 82.23 feet;
THENCE North 11404T17" West a distance of 99.40 feet to the POINT OF BEG [NNIP1t3:
Contains 10,473. Square. Feet, more or less:
Page.1 of 1
Instrument Number: 20220308001054 Document:AG Rec: $229.50 Page-18 of 27
Record Date:31812022 2:15 PM Ding County, WA
' UN5iRUMON Ld
10.473 SL*
w
S 6w
VOL. 130
1 CITY of KENT
1 TAX PARCEL No. �
' 608141-1150
LOT
, Co 4 w
�. � ..
RE 282ND WAY
SEE VE TABLE F FOR u ► ' LAKE MERIDIAN WATER
9 -FOOND MONLIMr IN CASE DISM.CT
WELL B :REHABILITATIDN .
0 .30' 6U 120' TAX PARCEL ND. 809141-1150 ,
:. IEUPORARY CONSTRUCTION EASEMENT
ENBIT
.'.PAGE 1:OF �
Instrument Number: 20220308001054 Document:AG Rec: $229.50 Page-19 of 27
Record Date:31812022 2:15 PM Ding County, WA
E*Il81T'D-1'
LAKE_ MERIDIAN WATER
DISTRICT
WELL 6 REHABUJTATION
TAX PARCEL Na eo9i41-1150
TEMPORARY CONSTRUCTION EASEMENT
EXHIBIT.
PAGE 2 -OF 2
LINE TABLE
LIRE
BEARING
LENGTH
12B
H74 24'23'E
$5.&a'
L29
H7429'23'E
20.G0'
L30
514'47'17'E
79.65'
L31
H75'12'43'E
4G.flQ'
L$2
514'47'17"E
Bfl.OD'
L33.
S75'12'48'YI!
1GQAG'
L34
H1447'17*Y
20.U0'
L35
S7S12'43�!
42.25'
L36
H751P'43'E
E2.23'
G'i7
H1447'171N
98.40'
C1IRIIE TABLE
c�svE
Dais
ieHCTH
DELTAC3
�A25.I3ti'
40.GG'
OGZ'4fi'42'
Instrument Number: 20220308001054 Document:AG Rec: $229.50 Page-20 of 27
Record Date:318I2022 2:15 PM Ding County, WA
•E(HI91T V
Owner: City of Kent
Parcel No. 809141.1150
Sanitary Control Areas
FX[StING 100F04T LJSIiE
That portion of Tract'C', Sun Meadows Division No. 2, as recorded in Volume 130 of Plats,
Pages 61-62, 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
perpergdicuiar to their respecllve line.
Said'100ioot radius shall be trimmed along the Westerly line of said Tract'G.
NEIW j'W T INELLSI%�
That portion of Trict'C, Sun piaWW.&,Division No. 2, as recorded in Volume 130 of Plats,
Pages 61-62; records of.lKing Cauniir, Washington, described as follows:
A 100 foot radius, the center of wh'sah lies as follows:
BEGINNING at the Northeast comer of said, Tract'V;
THENCE South 01466 8° West along the Westerly line of said Tract `C a distance of 123.25
feet;
THENCE North 88°54'07 West a distance of 100.00 feet to the center of the herein
de6crilbad radius,
$aid 100 foot radius shall be trimmed along the Westerly fine of said Tract `C.
Instrument Number: 20220308001054 Document:AG Rec: $229.50 Page-21 of 27
Record Date:318I2022 2:15 PM Ding County, WA
Instrument Number: 20220308001054 Document:AG Rec: $229.50 Page-22 of 27
Record Date:31812022 2:15 PM Ding County, WA
EXHIBIT F
Form of
Restrictive:Covenant Public Water Siinply.We11
Isee attache4
-15-
1126819.11- 049361-0134
Instrument Number: 20220308001054 Document:AG Rec: $229.50 Page-24 of 27
Record ❑ate:31812022 2:15 PM Bing County, WA
ADDRESS).
The grantee(s) herein,
is (are) the owner in fee -simple -of (din interest in) the following real esidte situated
in County, State of Washington, to -wit: (OWNER'S LEGAL, PARCEL
NUMt3iER & 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 THE ACCURATE LOCATION OF ME WELL SITE, FOR EMVLE,125 .
FEET OF THE SOUTH PROPERTY LINE AND 100 FEET EAST OF THE WEST PROI ERTY 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 injurious to the public health.
It is the purpose of these grants and covenants to prevent certain practices hereinafter enumerated in the use of the
said grantor's land which might contaminate said water supply.
Nor(, THEREMM, the Grantor(y) agree(s) and covenant(s) that said grantor(s), (hisAerliheir) heirs, successors,
and assigns will waintain the 100 foot radius around the welIfrom the encroachment of a►rintals by a physical
barrier and will not construct, maintain or suffer to he 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 fiwnish potable
water for public consumVion, any of the following: cesspools;sewers; pressure efjlucnt pipes; building sewers,
privies;- septic tanks; drainfields; and any other receptacle for the storage, conveyance, treatment, or disposal of
se}wage; manure piles, .manure, sewage, and other Iagaans; brsilding foundations,• garbage of any kind or
description; loafing shed; animal feeding stations; barns; chicken houses, rabbit hutches; dog kennels; pigpens; or
other enclosures or structrares for the keeping or maintenance of fowl, animals, underground storage tanks,
hazardous waste sites; storage of lirluid or dry chemicals, herbicides, or insecticides; public roads; surface water;
railroad tracks, power utility ar gas lines. or known orsuspected sources of contamination stack as use or .
application of liquid or dq ekernicals, herbicides or insecticides on or around household foundations or any other
structural foundations; and f ref storage tanks. No well shall be drilled within 1000 feet of known sanitary and
abandoned landfills.
These covenants shall run with the land and shall be binding on all parties haviag or acquixiug any right, title, or
interest in the land dcscdbed herein or any part thereof, as long as said well or. waterworks is used for the purpose of
furnishing potable water for public consumption.
WITNESS ]land this dayof ;19
(Seal)
(Scat)
Grantor
State of Washington
County of
I, the undersigned, a Notary Public in and for the above named County and State, do hereby certify that on
this day of , -19_ _ _ _ , personally appeared before
me .
Instrument Number: 20220308001054 Document:AG Rec: $229.50 Page-25 of 27
Record Date:31812022 2:15 PM Ding County, WA
to me kmovm to be the individual dumbed in. and who executed the within instrument, and aelmowledge that
hgthey) signed and sealed the saw as free and vohrntuy act and deed, for the uses and purposes
therein mentioned.
GIVEN under my hand and official seal the day and year last above written,
(Notary Public in and for the State of Washington,
residing at
FMG: EYEING FEE:
iCinauiity Rccordee's Aicc $19:411 fnr 1�` gage (spy will be stamped
free)
Room 311, County Administration Building $1A4 for each addidodal page.
e & daincs, Seat@e, WA 98104
Phone: (200 296-1570
Instrument Number; 20220308001N Document;AG Rec; $229.56 Page-26 of 21
Record Date.31812022 2;15 PM King County, WA
I
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