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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