HomeMy WebLinkAboutCAG2023-345 - Supplement - Lake Meridian Water District - Property Use and Easement Agreement - 06/15/2023 •
400
KENT
WASHINGTON
DATE: June 6, 2023
TO: Kent City Council
SUBJECT: Lake Meridian Water District Property Use and Easement
Agreement - Authorize
MOTION: Move to authorize the Mayor to sign the Property Use and
Easement Agreement with Lake Meridian Water District and all other
documents necessary to fulfill the terms of this agreement subject to final
terms and conditions acceptable to the City Attorney and Public Works
Director.
SUMMARY: Over the past year, the City and Lake Meridian Water District (District)
have been negotiating a Franchise Amendment, Service Area Boundary Adjustment,
and a Property Use and Easement Agreement. These three agreements have been
negotiated concurrently and are viewed as 'bundled together' by both agencies.
The City's 3.5 Million Gallon (MG) Tank was initially jointly owned by the City and
the District. In 1991, the City and District entered into an agreement ('1991
Agreement') in which the City purchased the District's interest in the 3.5 MG Tank,
including the real estate. As part of the 1991 Agreement, the District reserved the
right to construct a 1.5 MG reservoir, and associated infrastructure, in the
southwest portion of the property.
The District has selected a different site for their reservoir and has a need to also
locate infrastructure on the City's property. City and District staff have determined
the most suitable area for the District's infrastructure is the northwest portion of
the property, abutting SE 286th Place. This Property Use and Easement Agreement
provides the District with the property rights necessary to locate its infrastructure in
the northwest portion of the property and also terminates the 1991 Agreement.
BUDGET IMPACT: There is no budget impact to the water utility.
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Evolvinq Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. Lake Meridian Water District Property Use and Easement Agreement (PDF)
05/15/23 Public Works Committee MOTION PASSES
RESULT: MOTION PASSES [UNANIMOUS]Next: 6/6/2023
7:00 PM
MOVER: Satwinder Kaur, Councilmember
SECONDER: Marli Larimer, Councilmember
AYES: Brenda Fincher, Satwinder Kaur, Marli Larimer
PROPERTY USE AND
EASEMENT AGREEMENT
This Property Use and Easement Agreement ("Agreement"), effective as of the
last of the signature dates below (the "Effective Date") is between the City of Kent,
a Washington municipal corporation ("City"), and Lake Meridian Water District, a
Washington special purpose municipal corporation ("District") (individually a "Party"
and collectively the "Parties").
RECITALS
A. Lake Meridian Water District was formerly known as King County Water District
#111. The District changed its name on January 1, 2019.
B. The City owns real property located at 12523 Southeast 286th Place, Auburn,
Washington and legally described on Exhibit A attached hereto ("Property")
on which a 3.5 Million Gallon Water Reservoir ("3.5 MG Tank") exists. This 3.5
MG Tank was initially jointly owned by the City and the District. In 1991, the
City and the District entered into an agreement ("1991 Agreement") attached
as Exhibit B hereto, in which, among other things, the City purchased the
District's interest in the 3.5 MG Tank, including real estate. This purchase was
recorded on July 23, 1991, King County Recording Number 199107230885. As
part of the 1991 Agreement, the District also reserved the right to construct a
1.5 Million Gallon Water Reservoir in the southwest portion of the Property. To
date, the District has not built a new reservoir in this location.
C. Currently, the District is planning capital improvements to facilitate a higher
pressure zone within the southern portion of the District's distribution system
and intends to select a location other than the southwest corner of the Property
for construction of a new reservoir. However, the District may need to
construct a pressure reducing valve station, and/or booster station and
ancillary supporting facilities near the City's 3.5 MG Tank on the Property. The
Parties have concluded that the most suitable area for these improvements to
be constructed is the northwest portion of the Property, abutting SE 286tn
Place.
Property Use and Easement Agreement
(City of Kent and Lake Meridian Water District)
Page 1
D. Subject to the provisions hereof, the Parties wish to terminate the 1991
Agreement and enter into this Agreement to allow District's construction of the
improvements in the replacement location on the Property in order to support
the District's pressure zone project.
NOW, THEREFORE, in consideration of the provisions hereof, the Parties
agree as follows:
AGREEMENT
1. Termination of 1991 Agreement. The 1991 Agreement, attached as
Exhibit B, between the City and the District is hereby terminated. This
Agreement supersedes any prior agreement between the Parties concerning
use of the City's Property located at 12523 Southeast 286th Place, Auburn,
WA.
2. Grant of Easement to District. The City hereby grants and conveys to the
District a permanent easement running with the land (the "Easement") on,
over, and under that approximately 11,250 square foot portion of the Property,
as legally described on Exhibit C attached hereto and depicted on Exhibit D
attached hereto (the"Easement Area"), for the District's location, construction,
operation, maintenance, repair, and replacement of a new pressure reducing
valve station and/or pump station, along with ancillary facilities, including a
standby generator, power transformer, storm drainage detention system,
water pipes, and fencing (collectively, the "Improvements").
3. Additional Easements to Utility Providers.
3.1. Upon District's request, the City shall grant and convey additional
easements within the Easement Area to utility providers for the installation of
facilities necessary for District's operation of the Improvements. These
facilities may include, but are not limited to, electricity, fiber optic cable, and
natural gas. The City shall work with the District and such utility providers to
grant and convey these easements in a prompt and timely manner, including
those easements required for permitting. District's request for these additional
easements shall be made in accordance with the notice provisions in
Section 10.
Property Use and Easement Agreement
(City of Kent and Lake Meridian Water District)
Page 2
3.2. The City shall not grant or convey or otherwise enter into any other
easements, licenses, or use rights within the Easement Area without the prior
written consent of the District.
4. Construction of Improvements.
4.1. Review and Approval of Plans. The Improvements shall be constructed
substantially in accordance with the Preliminary Site Plan, Vehicle Turning
Radius, and Preliminary Building Elevations attached as Exhibit E hereto
(collectively, the "Elevations"). The District shall provide the City with 900/0
design drawings of the Improvements (the "Plans") for the City's review and
approval, which shall not be unreasonably withheld, conditioned, or delayed.
The City and the District shall meet, in a prompt and timely manner, for a) the
review and discussion of the District's 90% Plans, and b) the review and
discussion of any substantial modifications to the Plans required by the City of
Auburn for its issuance of final construction permits.
4.2. Notice of Construction. At least thirty (30) days prior to the District's
commencement of construction of the Improvements, the District shall provide
the City with conformed plans and specifications for the Improvements and
written notice of the following: (a) the name and contact information of
District's construction contractor, (b) the name and contact information of the
District's construction inspector, and (c) an anticipated construction schedule.
Notice shall be provided as set forth in Section 10.
4.3. District Responsible for all Costs. All costs for the design and
construction of the Improvements shall be the sole responsibility of the
District.
4.4. Right of Entry. The District may enter the Property at any time hereafter
for the purposes of planning for and designing the Improvements. Access
coordination shall be made through the City's Water System Manager.
4.5. As-Built Drawings and Survey. Upon completion of the Improvements,
the District shall promptly provide the City with as-built drawings and survey
showing the locations of the Improvements on the Property.
Property Use and Easement Agreement
(City of Kent and Lake Meridian Water District)
Page 3
4.6. Construction of Additional Improvements. If the District determines at
a later date that additional improvements (other than like-kind replacements
of existing Improvements within the Easement Area) or substantial
modifications of the Improvements are necessary ("Additional
Improvements"), the District shall notify the City and submit proposed plans
for the Additional Improvements for the City's review and approval. So long as
such Additional Improvements lie entirely within the Easement Area and will
not cause material, adverse interference with the normal operation of the City's
3.5 MG Tank and related infrastructure on the Property or the infrastructure
within 286th Place that supports the Property, the City's approval of any
proposed Additional Improvements shall not be unreasonably withheld,
conditioned, or delayed. The Parties agree to work together cooperatively and
in good faith should District determine a need to construct Additional
Improvements.
S. Damage to Property, Restoration, and Maintenance.
5.1. District Obligations,
5.1.1. The District shall repair and restore, substantially to the condition
existing immediately before the occurrence of any such damage, any damage
to any portion of the Property outside of the Easement Area to the extent such
damage is caused by the installation, construction, operation, maintenance,
removal, repair, reconstruction, replacement, use, and inspection of the
Improvements on the Property. The District, at its sole cost, shall maintain the
Improvements and Easement Area in an orderly and safe condition and
promptly make any repairs necessary. If this Agreement is terminated in
accordance with Section 7, below, the District, at its sole cost, shall repair and
restore the Easement Area substantially to the condition existing immediately
before the Effective Date, or to such different condition as agreed to by the
City.
5.1.2. The District, at its sole cost, shall maintain in good condition the
grounds, including vegetation, within the Easement Area and keep the
Easement Area free from debris and anything of a dangerous or noxious
nature, or that would create a hazard. The District's obligations in this
Section 5.1.2 shall commence upon the issuance of a notice to proceed for the
construction of the Improvements.
Property Use and Easement Agreement
(City of Kent and Lake Meridian Water District)
Page 4
5.1.3. During construction of the Improvements, District shall require its
contractor to install and maintain temporary chain-link fencing around the
Easement Area. Upon completion of construction of the Improvements, the
District shall, at its sole cost, cause permanent chain-link fencing to be installed
around the Easement Area. The District shall maintain this fencing in an orderly
and safe condition and promptly make any repairs necessary.
5.2. City Obligations.
5.2.1. The City shall repair and restore, substantially to the condition
immediately existing before the occurrence of any such damage, or, at the
District's election, the District shall repair and restore at City's cost and
expense, any damage to any Improvements within the Easement Area to the
extent such damage is caused by any act or omission of City, its agents,
employees, contractors, or invitees.
5.2.2. The City, at its sole cost, shall refrain from causing or knowingly
permitting any debris or anything of a dangerous or noxious nature to enter
onto the Easement Area from the remainder of the Property.
6. The City's Use of the Property. Nothing in this Agreement shall prevent the
City from undertaking construction or using any of its facilities on any portion
of the Property other than the Easement Area, so long as such use of facilities
or future improvements shall in no way violate City's obligations under
Section 5.2.2 or otherwise damage or interfere with the District's use and
operation of its Improvements within the Easement Area. District
acknowledges that City's current use and operation of the 3.5 MG Tank on the
Property is permitted under this Agreement.
7. Termination for Failure to Construct Improvements. If the District has
failed to construct the Improvements within 20 years of the Effective Date of
this Agreement, the City may at any time thereafter, and upon 60 days' prior
written notice given to District (the "Termination Notice"), elect to terminate
this Agreement, in which event this Agreement shall terminate on the 601h day
following the effective date of the Termination Notice, unless District, within
such 60-day notice period, either (a) commences construction of the
Property Use and Easement Agreement
(City of Kent and Lake Meridian Water District)
Page 5
Improvements, or (b) delivers notice to the City of extension (the "Extension
Notice") of this Agreement for a maximum period of five (5) years from the
date of District's receipt of the Termination Notice, in either of which events
the City's Termination Notice shall be void and this Agreement shall continue
in full force and effect; provided, however, that if District delivers the Extension
Notice and does not commence construction of the Improvements within
five (5) years thereafter, all of the District's rights hereunder shall
automatically terminate and revert to the City.
8. Release and Indemnity. The 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
the City for bodily injury (including death), personal injury, or damage to or
loss of or destruction of property suffered or alleged to have been suffered by
any person, firm, corporation, or entity from the District's negligent acts or
omissions relating to the Easement granted herein or from the District's use of
the Easement Area, 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 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 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 the City's execution of this Agreement, District hereby
waives with respect to the City 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.
Property Use and Easement Agreement
(City of Kent and Lake Meridian Water District)
Page 6
9. Insurance.
9.1. District. The District shall at all times during the existence of this
Agreement 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 occurrence and not
less than Three Million Dollars ($3,000,000.00) annual aggregate. To satisfy
the foregoing commercial general liability insurance requirements, the District
may self-insure or participate in an insurance pool with limits equal to those
set forth in this Section 9.1, above. Upon request, the District shall provide
the City with sufficient written evidence, as determined by the City in its
reasonable discretion, that such insurance (or self-insurance) is being
maintained by the District. Such written evidence shall include, to the extent
available, a document summarizing the District's insurance program (i.e. a
Certificate of Insurance) to be provided by the District's insurer/Broker.
9.2. Contractors. Prior to commencement of construction of the
Improvements or any Additional Improvements within the Easement Area,
District shall require the District's contractor to procure and maintain during
the course of construction commercial general liability insurance, on an
occurrence form and with contractual liability coverage, with limits of not less
than Two Million Dollars ($2,000,000.00) per occurrence and not less than
Three Million Dollars ($3,000,000.00) annual aggregate, and naming the City
as an additional insured.
10. Notices. Any notices, approvals, or other communications required or
permitted to be given under this Agreement shall be given to the Parties at the
following addresses:
If to City: City of Kent
Attn: Public Works Director
220 4th Avenue South
Kent, Washington 98032
Property Use and Easement Agreement
(City of Kent and Lake Meridian Water District)
Page 7
If to District: Lake Meridian Water District
Attn: General Manager
27224 144th Avenue SE
Kent, Washington 98042
Notices may be personally delivered, delivered by nationally recognized
overnight courier, or mailed by first class mail, postage prepaid, to the Parties
at the addresses forth above. Notices shall be deemed effective (i) if delivered
by overnight courier or by personal delivery, then on the date of delivery; or
(ii) if mailed, on the earlier of actual delivery or on the third business day after
posting in United States mail, postage prepaid and first class.
Either Party may change the address to which notices may be given by giving
notice as provided in this Section 10.
11. Dispute Resolution; Remedies. The Parties agree to work together in good
faith in an attempt to resolve any disputes that may arise under this
Agreement. If a dispute arises hereunder that is not timely resolved at the
staff level, then the City's Deputy Public Works Director (or, should that
position's title change or such person should be unavailable, a City employee
comparably qualified) and District's General Manager shall promptly meet to
try to reach resolution of the dispute in a timely manner. The Parties
acknowledge that the period for"timely" resolution will depend on the dispute
in question, and if either Party reasonably believes dispute resolution under
this Section 11 will materially impair its rights and benefits under this
Agreement, such Party shall, upon notice to the other Party, be entitled to
pursue all rights and remedies available hereunder or at law or in equity to
enforce the terms of this Agreement, including, without limitation, a suit for
specific performance, or, where appropriate, though injunctive relief.
12. Entire Agreement; Recitals and Exhibits. This Agreement contains the
entire agreement between the Parties and, in executing it, the City and the
District do not rely upon any statement, promise, or representation, whether
oral or written, not expressed in this Agreement. The Recitals and Exhibits
referenced herein are a part of this Agreement and are incorporated herein by
this reference.
Property Use and Easement Agreement
(City of Kent and Lake Meridian Water District)
Page 8
13. Modifications. This Agreement may only be modified, altered, or amended
upon written agreement executed by both Parties.
14. Compliance with Laws. Each Party shall comply with all federal, state, and
municipal laws, rules, and regulations that are applicable to performance of its
rights and obligations under this Agreement.
15. Venue and Jurisdiction. This Agreement shall be construed in accordance
with the laws of the State of Washington. Venue and jurisdiction for the
resolution of disputes shall lie in the Superior Court for King County,
Washington. In the event of claim or litigation regarding the enforcement of
the terms of this License, each party shall be responsible for its own legal costs
and attorney fees.
16. Non-Waiver. The failure of either Party to insist upon strict performance of
any of the covenants in this Agreement shall not constitute a waiver.
17. Severability. The provisions of this Agreement are severable and if any
portion shall be held invalid, illegal or unenforceable for any reason, the
remainder of this Agreement shall be effective and binding upon the Parties.
18. Assignment. District may not assign its rights under this Agreement without
prior written consent of the City, which consent shall not be unreasonably
withheld, conditioned, or delayed; provided, however, that the District may
freely assign this Agreement to any existing water purveyor that assumes the
District or into which the District is merged.
19. Successors and Assigns. This Agreement shall be binding upon and inure
to the benefit of the Parties and their respective heirs, administrators,
successors, and permitted assigns.
20. Counterparts. This Agreement may be executed in counterparts, each which
will be deemed an original, and all of which, when taken together, shall
constitute one and the same instrument.
[Signature page follows.]
Property Use and Easement Agreement
(City of Kent and Lake Meridian Water District)
Page 9
IN WITNESS WHEREOF, the Parties have executed this Agreement.
LAKE MERIDIAN WATER DISTRICT CITY OF KENT
By: Cj&,m�d By:
Print Name: W kLL\AM C. }kLL Print Name: Dana Ralph
Its: G F-N F-RA- Mwh&E4 Its: Mayor
Date: ( I S P's Date:
APPROVED AS TO FORM:
Kent Law Department
ATTEST:
Kent City Clerk
Exhibit List
Exhibit A - Legal Description of Property
Exhibit B - 1991 Agreement
Exhibit C - Legal Description of Easement Area
Exhibit D - Depiction of Easement Area
Exhibit E - Elevations
Property Use and Easement Agreement
(City of Kent and Lake Meridian Water District)
Page 10
ACKNOWLEDGEMENTS
STATE OF WASHINGTON )
ss.
COUNTY OF KING ) M
r/7�On this / day of dorw, 023, before me personally
appeared Zak , to me known to be the_of the CITY OF KENT, the
Washington 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 or she was authorized to execute said instrument.
In witness whereof, I have hereunto set my hand and affixed my official seal
the day and year first above written.
f A I( #fits l.V
i Y s i 37 a � ( tint Name)
12 , Z s NOTARY PUBLIC in and for the
Us%' lb K' State o Washington, residing at
#tiltVe.r
My appointment expires Ofa -Z(2
Property Use and Easement Agreement
(City of Kent and Lake Meridian Water District)
Page 11
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this �� day of Tt► e. , 2023, before me personally
appeared "11i C . 1l , 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, 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 and affixed my official seal
the day and year first above written.
K KRUFC►I►►�
/z (Print Na )
TA
R` i NOTARY PUBLIC in and for the
:;" 86836 � State of Washington, residing at
=z
/,,' 1N\�G`�= My appointment expires LA-1-1—al
lllt`t11W\ N
OF
Property Use and Easement Agreement
(City of Kent and Lake Meridian Water District)
Page 12
Exhibit A
Legal Description of Property
Property Use and Easement Agreement
(City of Kent and Lake Meridian Water District)
EXHIBIT A
PARCEL NO. 332205-9177
PROPERTY DESCRIPTION
(PER FIRST AMERICAN TITLE INSURANCE COMPANY ORDER NO. 3996204, DATED SEPTEMBER 6, 2022)
PARCEL A:
THE WEST 150 FEET OF THE SOUTH 300 FEET OF THE NORTH 330 FEET OF THE SOUTHEAST QUARTER
THE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 22
NORTH, RANGE 5 EAST, W.M., IN KING COUNTY WASHINGTON;
ALSO THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 33 LYING EASTERLY OF THE WESTERLY 508 FEET THEREOF, AND
NORTHERLY OF THE SOUTHERLY 429 FEET OF THE SAID SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER AND SOUTHERLY OF THE NORTHERLY 30 FEET OF THE SAID
SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER;
ALSO THAT PORTION OF THE SOUTH 300 FEET OF THE NORTH 330 FEET OF THE SOUTHWEST QUARTER
OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER LYING SOUTHERLY OF THE NORTH LINE
OF THE SOUTH 429 FEET OF THE SAID SOUTHWEST QUARTER,AND EASTERLY OF THE FOLLOWING
DESCRIBED LINE:
BEGINNING AT A POINT ON THE SOUTH LINE OF THE SAID SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER WHICH IS 508 FEET EASTERLY OF THE SOUTHWEST CORNER
THEREOF;
THENCE NORTHERLY TO A POINT ON THE SAID NORTH LINE OF THE SOUTHERLY 429 FEET OF THE
SOUTHWEST QUARTER WHICH IS 509.70 FEET EASTERLY OF THE WEST LINE OF THE SAID SOUTHWEST
QUARTER AND THE TERMINUS OF SAID LINE DESCRIPTION;
PARCEL 8:
A NON-EXCLUSIVE EASEMENT OVER, UNDER AND ACROSS THE EAST 30 FEET OF THE WEST 180 FEET OF
THE NORTH 330 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY,
WASHINGTON;
PARCEL C:
A NON-EXCLUSIVE EASEMENT OVER, UNDER AND ACROSS THE NORTH 30 FEET OF THE WEST 150 FEET
OF THE SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER;
ALSO THAT PORTION OF THE NORTH 30 FEET OF THE SOUTHWEST QUARTER OF THE SAID SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER LYING EASTERLY OF 124TH AVENUE SOUTHEAST,
ALSO THAT PORTION OF THE SOUTH 30 FEET OF THE NORTHWEST QUARTER OF THE SAID SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER LYING EASTERLY OF 124TH AVENUE SOUTHEAST.
SITUATED IN THE COUNTY OF KING, STATE OF WASHINGTON.
332205-9177 EASEMENT_V3.DOCX
KPG
Exhibit B
1991 Agreement
Property Use and Easement Agreement
(City of Kent and Lake Meridian Water District)
AGREEMENT BETWEEN
CITY OF KENT
and
KING COUNTY WATER DISTRICT NO. 111
WHEREAS, the CITY OF KENT ("City") , and KING COUNTY
WATER DISTRICT NO. 111 ("District") , jointly own a 3 .5 MG
steel storage reservoir ("Joint Reservoir") , located at
124th Avenue and South 286th Street; and
WHEREAS, the terms of ownership are outlined in a
letter agreement dated March 14, 1983 ("Joint Reservoir
Agreement") ; and
WHEREAS, the existing and future water supply and
storage needs of both parties can best be met by the
District terminating its use of the Joint Reservoir and
constructing a new storage reservoir that is hydraulically
designed and operated to meet the independent needs of the
District;
NOW, THEREFORE, the City and District agree to
terminate the Joint Reservoir Agreement and the City agrees
to purchase the District's interest in the Joint Reservoir
under the following terms and conditions:
1. Purchase of Reservoir Equity by the City: The
City agrees to purchase the District's equity in the Joint
Reservoir, including real estate. The legal description
of said property is appended hereto as Exhibit A. -The
District's equity value is 43a of the original total
project cost of $773 , 643 .89 as increased in proportion to
the increase in the Consumer Price Index (United States
City Average for All Urban Consumers) all items, or the
substituted Index, as prepared by the United States
Department of Labor from the date of completion of the
Joint Reservoir to the date of this agreement. The
District' s equity val 135in 19971
olla 2s67s $ 664,202.67
( . 043 x $773 , 643 .89 � ) . The City
agrees to pay the sum of $ 664,202.67 to the
District in full within thirty (30) days of the execution
of this agreement. The District agrees to convey to the
City all of its right, title and interest in and to the
subject tank in consideration for payment of said sum.
2 . New District Reservoir/Overflow Elevation: The
District may proceed with the planning, design and con-
struction of at least a 1.5 MG reservoir adjacent to the
AGREEMENT BETWEEN CITY OF KENT
AND KING COUNTY WATER DISTRICT ORIGINAL
NO. 111 - 1
Joint Reservoir. The District may at its sole discretion
build a larger reservoir.
If the District elects to construct a new
reservoir adjacent to the Joint Reservoir, the District
will meet with King County and adjacent land owners to
determine the amount of additional land, if any, required
for the new reservoir. Upon determining the land required
and the conditions for purchase, the District will meet
with the City to determine the most appropriate way to
acquire the necessary land. The City agrees to provide a
good faith effort to support the District in its
acquisition of whatever additional land may be required.
The expense of securing additional land shall be the sole
responsibility of the District.
If the District elects to construct a new storage
reservoir adjacent to the Joint Reservoir, the District
agrees to design the new reservoir to enable operation at
the City's 590 overflow elevation. The District's new
reservoir may be no more than than 30 feet higher than the
590 foot overflow elevation of the Joint Reservoir. The
City agrees to provide such easement as may be necessary
to the District to allow the construction and perpetual
operation of a new reservoir with related appurtenances on
available city property adjacent to the Joint Reservoir so
long as the District's use and operation of the new
reservoir is compatible with the City's existing use of the
Joint Reservoir and that the District's use does not
disrupt or otherwise adversely affect the City's operation
of the Joint Reservoir.
3 . Interim Use of Joint Reservoir Storage CapacitV:
Until the District's replacement reservoir is available for
use, or two (2) years from the date of execution of this
agreement, whichever first occurs, the City will give its
best effort to operate the City's system to maintain the
water elevation in the Joint Reservoir at a near full
condition to allow the District to use the reservoir during
peak day conditions.
The District will modify the intertie between
the District and the City at 150th Place S.E. and 272nd
Street to allow the manual operation of the intertie for
flow from the District well supply into the City system to
replenish any water withdrawn from the City system.
It is the District's intent to utilize the Joint
Reservoir only under conditions where the District is
unable to meet its peak day needs without use of the Joint
AGREEMENT BETWEEN CITY OF KENT
AND KING COUNTY WATER DISTRICT
No. 111 - 2
Reservoir. The District will limit its Joint Reservoir
withdrawal to 750,000 gpd unless prior consent from the
City is obtained.
Although there is no limit on the number of days
during which the District can use the Joint Reservoir, it
is anticipated that the number of days will not exceed
thirty (30) per year.
4. Compatibility of Water Quality: The quality of
water from the District's wells was evaluated for com-
patibility with water from the City's spring supply at the
point of mixing. Based upon an analysis of the data
provided by the two utilities, and the ratio of District
water to City water in the transmission line during peak
period usage, there does not appear to be a problem of
water quality compatibility or residual water quality
problems for the City. Some iron or manganese deposits are
possible, even though it is not anticipated that such a
problem would be significant.
5. District Facilities for Replacement of City
Water: The District shall modify its metering and valving
facilities to allow for manual operation of the intertie
facilities. Through joint monitoring of the metered
withdrawal and replacement water, the District will assume
the responsibility to replace City water used within
twenty-four (24) hours.
In the event the District supply system is unable
to replace the water within a twenty-four (24) hour period,
the quantity of water utilized by the District that is not
replaced will be purchased from the City at the established
District commodity cost. The 1990 District cost is
$1.20/100 cubic feet. If the District is unable to replace
the water withdrawn from the City in forty-eight (48)
hours, the District will purchase the excess water at a
rate equivalent to the City's in-City commercial commodity
rate. The 1990 City commercial commodity rate is $1. 64/100
cubic feet. If the District is unable to replace the water
withdrawn from the City in seventy-two (72) hours, the
District will purchase the excess water at a rate
equivalent to the city's outside-City commercial commodity
rate. The 1990 outside-City commercial rate is $2 . 00/100
cubic feet.
The method of accounting for the quantity of
water to be replaced or purchased by the District will
utilize the meter reading and accumulative assessment of
AGREEMENT BETWEEN CITY OF KENT
AND KING COUNTY WATER DISTRICT
NO. 111 - 3
costs outlined above. Exhibit B provides a sample ledger
to, account for the responsibilities of the District to the
City for the replacement or purchase of water. Actual
payment by the District will be required prior to the end
of the calendar year.
6. Execution of Additional Documents: Both parties
agree, upon request, to execute such other and further
documents as may be necessary or desirable to effectuate
the intent of this agreement. Specifically, without
limiting the generality of the foregoing, the District
agrees to execute a statutory warranty deed to the City
conveying the District's interest in the Joint Reservoir.
7. Water Supply Shortage: In the event the City has
a water shortage problem due to drought conditions or other
water supply needs, the District will follow the same
conservation and/or drought response plan used by the City
and will terminate use of the City's supply system if the
City's supply is unable to meet City demands.
8 . Shared Maintenance Expenses: The District agrees
to share equally with the City all costs of maintaining
jointly used facilities utilized by the District for
access, construction and maintenance of the District's
proposed reservoir, including but not limited to the cost
of maintaining the access road to the site.
9 . City' s Review of Districts Plans: The District
agrees to provide the City with copies of all construction
documents for the proposed reservoir for the City's review .
and approval. The City desires to assure itself that the
contemplated new reservoir will not adversely affect the
structural integrity of the Joint Reservoir.
10. Effective Date: This Agreement will become
effective on signing of both parties.
CIT OF KENT KING COUNTY WATER DISTRICT
NO. 111
t �
By:
CHARLES WI SON, Secretary
AGREEMENT BETWEEN CITY OF KENT
AND KING COUNTY WATER DISTRICT
NO. 111 - 4
1' 6
l
STATE OF WASHINGTON )
) ss.
COUNTY OF K I N G )
On this 0. - day of ( _ , 1991,
personally appeared before/*e, _,2L4j1eL ,
to me known to be the individual that executed the fore-
going instrument on behalf of the City of Kent, and
acknowledged the said instrument to be its free and
voluntary act and deed, for the uses and purposes therein
mentioned.
WITNESS my hand and official seal hereto .affixed the
day and year in this certificate above written.
C/'
NOTARY PUBLIC in and for the
State of Washington, residing at
My Commission Expires: p C
STATE OF WASHINGTON )
ss.
COUNTY OF K I N G )
On this day of 1991
personally appeared before me, harles WiIson, 'to me known
to be the individual that executed the foregoing instrument
on behalf of King County Water District No. 111, and
acknowledged the said instrument to be its free and
voluntary act and deed, for the uses and purposes therein
mentioned.
WITNESS my hand and official seal hereto affixed the
day and year in this certificate above written.
T Y BLIC in and for the
Ptp+-eCgt Washington, residing at
My Commission Expires:
AGREEMENT BETWEEN CITY OF KENT
AND KING COUNTY WATER DISTRICT
NO. 111 - 5
Exhibit C
Legal Description of Easement Area
Property Use and Easement Agreement
(City of Kent and Lake Meridian Water District)
EXHIBIT C
EASEMENT DESCRIPTION
THE WEST 75.00 FEET OF THE NORTH 150.00 FEET OF THE HEREINAFTER DESCRIBED PARCEL "A",-
CONTAINING 11,250 SQUARE FEET, MORE OR LESS.
PARCEL A"(APN 332205-9177):
THE WEST 150 FEET OF THE SOUTH 300 FEET OF THE NORTH 330 FEET OF THE SOUTHEAST QUARTER
THE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 22
NORTH, RANGE 5 EAST, W.M., IN KING COUNTY WASHINGTON;
ALSO THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 33 LYING EASTERLY OF THE WESTERLY 508 FEET THEREOF,AND
NORTHERLY OF THE SOUTHERLY 429 FEET OF THE SAID SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER AND SOUTHERLY OF THE NORTHERLY 30 FEET OF THE SAID
SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER;
ALSO THAT PORTION OF THE SOUTH 300 FEET OF THE NORTH 330 FEET OF THE SOUTHWEST QUARTER
OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER LYING SOUTHERLY OF THE NORTH LINE
OF THE SOUTH 429 FEET OF THE SAID SOUTHWEST QUARTER, AND EASTERLY OF THE FOLLOWING
DESCRIBED LINE:
BEGINNING AT A POINT ON THE SOUTH LINE OF THE SAID SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER WHICH IS 508 FEET EASTERLY OF THE SOUTHWEST CORNER
THEREOF;
THENCE NORTHERLY TO A POINT ON THE SAID NORTH LINE OF THE SOUTHERLY 429 FEET OF THE
SOUTHWEST QUARTER WHICH IS 509.70 FEET EASTERLY OF THE WEST LINE OF THE SAID SOUTHWEST
QUARTER AND THE TERMINUS OF SAID LINE DESCRIPTION;
TOGETHER WITH A NON-EXCLUSIVE EASEMENT OVER, UNDER AND ACROSS THE EAST 30 FEET OF THE
WEST 180 FEET OF THE NORTH 330 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER
OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING
COUNTY, WASHINGTON;
TOGETHER WITH A NON-EXCLUSIVE EASEMENT OVER, UNDER AND ACROSS THE NORTH 30 FEET OF THE
WEST 150 FEET OF THE SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER;
ALSO THAT PORTION OF THE NORTH 30 FEET OF THE SOUTHWEST QUARTER OF THE SAID SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER LYING EASTERLY OF 124TH AVENUE SOUTHEAST,
ALSO THAT PORTION OF THE SOUTH 30 FEET OF THE NORTHWEST QUARTER OF THE SAID SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER LYING EASTERLY OF 124TH AVENUE SOUTHEAST.
SITUATED IN THE COUNTY OF KING, STATE OF WASHINGTON. os/o3/7,o7.s
�PEL R.BOl,
tiG�Q p4 wnsgltic�,C{'
332205-9177 EASEMENT V3.DOCX
KPG ;sT9�RQ �4�
l0nAL LA14 D S
Exhibit D
Depiction of Easement Area
Property Use and Easement Agreement
(City of Kent and Lake Meridian Water District)
SW 1/4, SE 1/4, SEC.33, T. 22 N., R. 5 E., W.M.
LU
W 6Nv\cJ�
2�
Q cJ� PLAT OF NORTH RIDGEVIEW
H
N
r SE 286TH PL 1"=200'
TAX LOT NUMBER o i 75.00
0
332205-9017
TAX LOT NUMBER
TAX LOT NUMBER 332205-9177
332205-9029
75' X 150' EASEMENT AREA
11,250 S.F. +/- PLAT OF NORTH RIDGEVIEW
DATE: MARCH 2O23 FILE: 332205-9177_ESMT.DWG
KPG EXHIBIT D
®
Seattle 332205-9177
31
Statue,otl Avenue,Su1e400 EASEMENT AREA
Seattle,IO Avenue,
2ee.2e&7840
Tamura I Wenatchee I KPG.eom
Exhibit E
Elevations
Property Use and Easement Agreement
(City of Kent and Lake Meridian Water District)
*o
0 25 50
O Scale in Feet
' S n i '} W W
15 WIDE SWING - _ �7,,.
GATE 15.00' � �
PROPOSED FENCE
476
I
478 \. PRV/BPS BUILDING
it I , FF=482.00± (NGVD 29)
480 \� i
482 --I KENT 3.5 MG
TANK
BACKUP GENERATOR a 37205-g��7 \
0
CIT'l
x PROPOSED
EASEMENT AREA
75'X 150'
NOTES:
1. ELEVATION CONTOURS SHOWN ARE NVGD29 VERTICAL DATUM FROM HEDGES &
ROTH SITE SURVEY, 1993.
2. SITE PLAN IS FOR PLANNING PURPOSES ONLY. PRELIMINARY SITE PLAN IS BASED
ON NORTH RIDGEVIEW PLAT DRAWINGS RECEIVED FROM BARGHAUSEN
CONSULTING ENGINEERS, DECEMBER 2020.
PRELIMINARY Figure
SITE PLAN
bhcW Lake Meridian Booster Pump Station No. 2 E1
CONSULTANTS WATIEIt 1)1S H ICI March 2023
COPYRIGHT®2022 BHC CONSULTANTS,LLC.ALL RIGHTS RESERVED
I * 0 \
I I
0 25 50 l` -
I ti
O Scale in Feet -}' —
Z
O
IX ----- X ----
VEHICLE PATH
FORD F150 PROPOSED FENCE
I
0
PRV/BPS BUILDING
it f FF=482.00± (NGVD 29)
x KEN MG
TANKov
PROPOSED
- - j EASEMENT AREA
� 75'X 150'
NOTES:
a
1. ELEVATION SHOWN ARE NVGD29 VERTICAL DATUM FROM HEDGES & ROTH SITE
SURVEY, 1993.
2. SITE PLAN IS FOR PLANNING PURPOSES ONLY. PRELIMINARY SITE PLAN IS BASED ON
NORTH RIDGEVIEW PLAT DRAWINGS RECEIVED FROM BARGHAUSEN CONSULTING
ENGINEERS, DECEMBER 2020.
Figure
b h VEHICLE TURNING RADIUS
cW Lake Meridiall Booster Pump Station No. 2 E2
CONSULTANTS `yA I'I`II DM'ItI(;r March 2023
COPYRIGHT 0 2022 SHC CONSULTANTS,LLC.ALL RIGHTS RESERVED
I
TOW
GLASS BLOCK WINDOW
TOS REF
(FlN FLR)
ELECTRICAL PANEL
AND METER
a ELEVATION
SCALE: 1/8"=1'-0"
METAL WALL PANEL, 12 MEAL ROOF, TYP
TYP 4� 12
® Q 4
„TOW
v
GUTTER &
DOWNSPOUT
TYP
TYP
EXTERIOR
CMU, TYP LIGHT
FlNISHED
FLOOR
„TOS REF
"(FIN FLR)
B ELEVATION
SCALE: 1/8"=1'-0"
PRELIMINARY Figure
bhcw"k BUILDING ELEVATIONS
&/ Lake Meridian Booster Pump Station No. 2 E3
CONSULTANTS WATER 1)IS I•Itl(.'I' March 2023
COPYRIGHT 0 2022 BHC CONSULTANTS,LLC.ALL RIGHTS RESERVED