HomeMy WebLinkAboutCAG2023-553 - Original - Lake Meridian Water District - Easement: Sun Meadows Park Backwash Tank - 11/13/2023 FOR CITY OF KENT OFFICIAL USE ONLY
Sup/Mgr:
Agreement Routing Form DirAsst:
KENT• For Approvals,Signatures and Records Management Dir/Dep:
This form combines&replaces the Request for Mayor's Signature and Contract Cover
W A$H 1 N G T G N Sheet forms. (Print on pink or cherry colored paper) (optional)
Originator: Department:
Phung Huynh for Terry Jungman Parks, Recreation & Community Services
Date Sent: Date Required:
0 10/10/2023 10/16/2023
Q Authorized to Sign: Date of Council Approval:
a ❑✓ Mayor or Designee
09/19/2023
Budget Account Number:
P21063.5XXXX Grant? Yes NoZ
Budget?❑YesR]No Type: N/A
Vendor Name: Category:
Lake Meridian Water District Contract
Vendor Number: Sub-Category:
0 58877 Original
*' Project Name: Easement to Lake Meridian Water District for Backwash Tank at Sun Meadows Park
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Project Details: This new easement agreement incorporates the previously executed easement and adds a new easement
�+0— area related to a backwash tank beingadded to the existingent
Meadows Park. This backwash tank necessitates a modest expansionp ointo the the
k resultingth end of Sun
+' 843 square feet of permanent easement. pin additional
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Agreement Amount: 2250.81TTermination
election of Contractor:
ayormustbeattachedOther
Start Date: Date: n/a
a1
Q
Local Business?oYes❑No*If meets requirements per KCC3.70.100,Please complete"Vendor PUrchose-Loco?Exceptions"form onCityspace.Business License Verification: Z Yes❑In-Process❑Exempt(KCC 5.01.045)❑Authorized Signer Verified
Notice required prior to disclosure? Contract Number:
F]Yes[V/]No
Comments:
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Date Received:City Attorney: 10/26/23 Date Routed:Mayor's Office
30_03 City Clerk's Office �L
,a«wzzs s ,_zo Visit Documents.KentWA.gov to obtain copies of all agreements 1
� � rev.20221201
Instrument Number:20231121000906 Document:EAS Rec: S230.50 Page-1 of 28
Record Date:11/21/2023 4:21 PM
Electronically Recorded King County,WA
AFTER RECORDINGL TO:
City Clerk
City of Kent
220 Fourth Avenue South
Kent, WA 98032
WASHINGTON STATE RECORDER'S COVER MEET
DOCUMENT TITLE( ): EASEMENT AGREEMENT AND
DECLARATION OF PROTECTIVE COVENANTS
REFERENCE NUMBER(S) OF DOCUMENTS ASSIGNEDR RELEASED: N/A
GRANTOR(S):
1. City of Kent
R TE ( ):
1. Lake Meridian Water District
PARCEL NUMBERS: 809141-1150
ABBREVIATED LEGAL DESCRIPTION: TRACT`C, SUN MEADOWS DIVISION NO. 2,AS
RECORDED IN VOLUME 130 OF PLATS,PAGES 61-62,
RECORDS OF KING COUNTY, WASHINGTON
PROJECT E: Easement to Lake Meridian Water District for Backwash
Tank at Sun Meadows Park
Instrument Number:20231121000906 Document:EAS Rec: 5230.50 Page-2 of 28
Record Date:11/21/2023 4:21 PM King County,WA
EASEMENT AGREEMENT AND
DECLARATION OF PROTECTIVE COVENANTS
THIS EASEMENT AGREEMENT AND DECLARATION OF PROTECTIVE
COVENANTS (this"Agreement"),made and entered into effective as of the later of tine
signature dates below(the"Effective Date"), is by and between the CITY OF KENT, a
Washington municipal corporation(herein"City"or"Grantor") and LAKE MERIDIAN
WATER DISTRICT, a.Washington special purpose municipal corporation(herein "District"or
"Grantee")(individually a"Party"and collectively the"Parties").
RECITALS:
A. City is successor-in-interest to King County, Washington(the"County")as owner
of the real property commonly known as Sun Meadows Park and legally described on Exhibit A
attached hereto(the"Property")
B. Pursuant to Title 57 RCW, District supplies potable water to customers within its
boundaries through a public water system. District's public water system is comprised of source
wells, storage and treatment facilities,and distribution mains.
C. Pursuant to Permit Number FS-14-85 issued on May 17, 1985 (the"Permit"),
including its Terms and Conditions, Special Provisions, and Declaration of Covenant Running
With the Land,the County authorized District(1/k/a"King County Water District No. 1 I 1")to
construct, operate,and maintain a well for public water supply on the Property. By its express
terms, the Permit expired automatically after five(5)years, unless renewed, and the Parties have
identified no agreements renewing the Permit.
D. In accordance with the Permit, District constructed a well ("Well 116"),connecting
pipelines, and a water treatment facility(the""Treatment Building")on the Property in the
locations depicted on Exhibit B attached hereto (the"Existing hnprovements"). Following the
City's acquisition of the Property from the County in 1999,the District obtained City permit and
land use approval for significant improvements to the"Treatment Building, which were thereafter
made by District. The Existing Improvements have been continuously used and operated by the
District and are essential for the District's supply of potable water to its customers.
E. Well #6 is failing, and a replacement well (the"New Well")has been drilled but
still needs to be installed and constructed on the Property, for incorporation into District's water
supply system. Without limitation of District's continuing use of Well #6 for water withdrawal if
necessary to maximize District's water rights and supply, District intends to use existing Well #6
as a monitoring well when the New Well has been constructed and is operational.
F. On March 8,2022,the Parties recorded an executed Easement Agreement and
Declaration of Protective Covenants(the"First Easement Agreement")with the King County
Recorder's Office, Instrument#20220308001054, in order to grant the District a permanent
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easement for the Existing Improvements, as well as for the New Well, for an eight-inch
connecting line between the New Well and the Treatment Building (the"New Well Connecting
Line"),and for an eight-inch connecting line from Well#6 to the New Well Line(the"Well 6
Connecting Line")(collectively,the"Additional Improvements").
G. This First Easement Agreement also granted the District a temporary construction
easement for District's construction and installation of the Additional Improvements,as well as
confirming and setting 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.
H. The Parties desire to modify the area of the permanent easement granted to the
District in the First Easement Agreement by replacing the First Easement Agreement with this
Agreement.
NOW,-1-1IEREFORE, in consideration of the terms and conditions hereof and other good
and valuable consideration,the receipt and sufficiency of which the Parties mutually
acknowledge, the Parties agree as follows.
1. Termination and Replacement of Existin�Eas_em_ent A regiment. The Parties
agree that the First Easement Agreement shall terminate upon execution of this Agreement.This
Agreement shall replace the First Easement Agreement in its entirety.
2. Permanent Easement for ExistinL)and Additional ImRrovements. City,as Grantor,
hereby grants and conveys to District,as Grantee,a permanent easement(the"Permanent
Easement")on,over, and under that portion of the Property legally described on Exhibit C
attached hereto and depicted on Exhibit C-I attached hereto (the"Permanent Easement Area")
for the below stated purposes. All connecting pipelines must be installed by the District at least
two(2)feet below the surface of the land within the Permanent Easement Area so as to avoid
interference with the City's installation, maintenance,or repair of an irrigation system.The
Permanent Easement shall be nonexclusive with respect to the District, except as expressly stated
otherwise in this Agreement. The following are the existing and additional improvements
contemplated under this Agreement:
2.1 Well#6: for operating, inspecting, maintaining, and repairing Well #6 and
all appurtenances thereto;
2.2 Treatment Building: for operating,inspecting, maintaining, and repairing
the Treatment Building and all appurtenances thereto;
2.3 New Well.: for locating, drilling, installing,constructing,operating,
inspecting,maintaining,and repairing the New Well,the New Well's building structures, and all
appurtenances thereto;
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2.4 New Well Connecting line: for laying,constructing, installing, operating,
inspecting,maintaining,and repairing the New Well Connecting Line between the New Well
and the Treatment Building; and
2.5 Well#6 Cor�nectin=Line: for laying, installing,operating, inspecting,
maintaining,and repairing the Well #6 Connecting Line between Well #6 and the New Well
Connecting Line.
2.6. Backwash Tank Ex a�nsion: for constructing, installing, operating,
inspecting, maintaining, and repairing the Backwash Tank Expansion and all appurtenances
thereto.
Any replacement of the District's Existing Improvements or Additional Improvements
will require the good faith cooperation between the City and the District to: (i)ensure the City is
sufficiently compensated for any expansion or intensification of the District's use of the Property
or the Permanent Easement, and (ii)mitigate the impact the District's expanded or intensified
use has to other users of the Properly, 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.
For avoidance of doubt, however,the provisions of this paragraph do not apply to any expansion
of the north side of the Treatment Building up to and including to the north wall of the existing
underground Backwash 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 Well. The north wall of the existing underground Backwash` ank.
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 existing Backwash Tank,the Backwash Tank Expansion,and
the building's primary structure, and the area within the diameter of its constructed wells and
their associated pump houses/building structures. However,this exclusivity does not include the
area within the Sanitary Control Areas, nor does it prohibit the City or other-authorized users
frorn 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,or the same
trench that holds the District's well connecting lines.
3. Temoorrary Construction. Easement. In addition to the foregoing Permanent
Easement,City,as Grantor, hereby grants and conveys to District, its agents,employees,
contractors, consultants, and permittees,as Grantee, a temporary construction casement(the
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"TCE")on,over,across,and through that portion of tine Property legally described on Exhibit D
and depicted on Exhibit D-I 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,the Well#6 Connecting Line,and the Backwash Tank Expansion,and(c)
staging and storage of materials and equipment used in connection with the foregoing work. The
rI'CE 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 TCE Area.
Should the District require use of the Property outside of the Permanent Easement Area
to conduct future maintenance or repair work on the Existing Improvements or the Additional
Improvemelnts once initially constructed,the parties agree to negotiate in good faith the terms of
any future Temporary Construction Easement or license that may be required to authorize that
temporary use.
4. Duration of"1"CE. 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 eighteen(18)months after the Effective Date, unless extended
by mutual agreement of the Parties.
5. Construction of or Maintenance and Rer)airs to,the Improvements.
5.1 CCo_mDliance 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.
5.2 Aporoval of Construction Plans.
5.2.1 ExistiMjLnproverngnts. 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 identities 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.
5.2.2 Aivroval of Construction Di•awin s for Additional Improvements.
Before constructing the Additional Improvements provided for by this Agreement, the District
shall provide a copy of its final construction drawings to the City for the City's approval,which
approval shall not be unreasonably withheld. If the City fails to advise the District of any
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
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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.
5.2.3 As-BUiltS for Additional Improvements. Within 60 calendar days
after completion of the construction of the Additional Improvements,the District shall provide
the City with final as-built drawings that show the actual physical location and construction of
the District's Additional Improvements on the Property.
5.2.4 Coordination of Future Maintenance or lairs. 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
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.
5.3 Restoration. Should any work the District undertakes on the Property in
exercising its rights under this Agreement,either within the Permanent Easement,within any
TCE Area, or within any other part of the Property,damage or disrupt the surface of the
Property,the City's Recreational Elements, the City's irrigation system or other facilities, or
other users' facilities, (collectively,"Property and Facilities"), the District shall restore the
Property and. Facilities,at the District's sole cost,to substantially the same condition in which it
existed prior to commencement of such activities.
6. Insurance. District shall at all times during the existence of the easements
described herein maintain a policy of commercial general liability insurance insuring, on an
occurrence basis,against any and all claims or causes of action for death,bodily injury, or
property damage resulting from the negligence of District or any of District's employees, agents,
contractors, or subcontractors,with limits of not less than Two Million Dollars($2,000,000.00)
per occurrence and not less than "Three Million Dollars($3,000,000.00)annual aggregate. The
City of Kent shall be named as an additional insured on the District's policy of commercial
general liability insurance with respect to this Agreement. Upon City's request, District shall
provide City with proof of"insurance evidencing District's compliance with the foregoing
provisions of this Section 6.
7. Declaration of Protective Covenants. City covenants and agrees that the City, its
successors and assigns, will not construct, maintain,or suffer to be constructed or maintained
within one hundred feet(100') of Well#6 or within one hundred feet(100')of the New Well,as
such radii are legally described on Exhibit E attached hereto and depicted on Exhibit F_I
attached hereto (the"Sanitary Control Areas")any potential source of contamination, such as
cesspools,privies, septic tanks,drainfields,sewer lines,manure piles, underground storage tanks,
roads,railroad tracks,vehicles, structures,barns, chicken houses, rabbit hutches,pig pens, feed
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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, the Parties have executed and recorded the Restrictive Covenant Public Water
Supply (Well)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.
The District intends to construct a driveway within the Permanent Easement and Sanitary
Control Area to access the New Well's pump house,to which the City intends to construct a
connected asphalt pedestrian path. Additionally,the District is aware of the City's intended
construction of 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
Exhibit 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 the
restrictions applicable to the Sanitary Control Area set forth in the first paragraph of this
Section 7 and the provisions of Exhibit F hereto.
8. Maintenance and Repair. District shall be solely responsible for maintenance,
repair, and replacement of District's facilities and 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.
9. lnderrin.�y. District shall defend, indemnify, and save City harmless from and
against any and all claims, demands, losses, damages, expenses, liens, charges,acid 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 to or 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
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
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indemnity obligations under this Section 9 shall be effective only to the extent of District's
negligence.
In consideration of City's execution of this Agreement,District hereby waives
any immunity it may have under applicable workers' compensation benefits or disability laws,
including,but not limited to, Title 51 RCW, in connection with the indemnity set forth in this
Section 9. THE PARTIES ACKNOWLEDGE THAT THIS PROVISION IS THE PRODUCT
OF MUTUAL,NEGOTIATION.
10. Termination by District, Removal of Surface Improvements. This Agreement,
including the Permanent Easement and the Protective Covenants regarding the Sanitary Control
Areas,may be terminated by: (i) District upon written notice to City,(ii)the District's
abandonment or permanent non-use of the wells to furnish water for public consumption; or
(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 the 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#6 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.
11. Successors and Assigjns. The easements, covenants,restrictions, and agreements
set forth in this Agreement shall (a)be effective on the Effective Date, (b run with the land,and
(c) be binding upon and inure to the benefit of the Parties and their respective successors and
assigns.
12.. 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 ofprofessional 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
27224 1441"Avenue SE
Dent, WA 98042
Attn: General Manager
With a copy to: Inslee Best Doezic & Ryder, P.S.
10900 NE 0' Street, Suite 1500
Bellevue, WA 98004
Attn: Curtis Chambers
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To City/Grantor: City of Dent
220 Fourth Avenue South
Kent, WA 98032
Attn: Parks Planning and Development Manager
With a copy to: City of Dent
220 Fourth Avenue South
Dent, WA 98032
Attn: City Clerk
Notices personally delivered shall be effective upon delivery.Notices sent by certified or
registered U.S. Mail shall be effective on the third business day following deposit in the snail.
Notices sent by overnight courier service shall be effective one business day following delivery
to the courier. Either Party may change its address for notice by written notice given to the other
Party at any time.
13. Attornev's Fees. If either Party brings any suit,action, arbitration or other legal
proceeding of any nature whatsoever relating to this Agreement or the rights or obligations of the
Parties with respect hereto,each such. Party shall be responsible for its own attorney's fees in
connection therewith. This provision shall not apply to any indemnification and defense
obligation the District is required to provide under Section 9 above.
14. ft fic 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.
15. Authoritv. 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 ofthe Party for
which such person signs, that he or she has full authority to bind such Party to the terms of this
Agreement.
16. Entire A�regrnent,&e Jtt mpi ment. 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.
17. 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.
[Signature page follows]
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IN WITNESS WHEREOF,the Parties have executed this Agreement.
CITY/GRANTOR: DISTRICT/GRANTEE:
CITY OF ICI NT, LAKE MERIDIAN WATER DIS"IRICT,
a.Washington municipal corporation a Washington special purpose
municipal corporation
i
E3y:�.. - - By: -' _
__ a Print Namc .Print Name:__ )'
Its: Its:
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ACKNOWLEDGEMENTS
STATE OF WASHINGTON }
)ss.
COUNTY OF KING )
On this day of2023,before me personally appeared to me
known to be the_ _____of the CITY OF KENT,the Washington municipal corporation that
executed the within a d 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 wl °,'\� t perermto set my hand and affixed my official seal the day and year
first above written,-,1
if
lot
o�
m %
(Print Name)
NOTARY PUBLIC; in and for the
r
State of Washington, rest ing at
Op WAMAO' �°
s\ N
Milli It \�� 1�
My appointment expires
STATE OF WASHINGTON )
)ss.
COUNTY OF KING )
On this --day of p �_,2023,before me personally appeared __— :� ____-,
to me known to be the General Manager of L.,AKE 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.
, z _ (Print Name)
T` �'`� NOTARY PUBLIC in and for the
189405
State of Washington,residing at
My a pointment
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EXHIBIT A
PARCEL NO. 809141-1150
TRACT`C', SUN MEADOWS DIVISION NO. 2,AS RECORDED IN VOLUME 130 OF PLATS, PAGES 61-62,
RECORDS OF KING COUNTY, WASHINGTON.
(REFERENCE DEED AFN 199909300002393, RECORDS OF KING COUNTY, WASHINGTON)
PERM.DOCX
I AC ONIA•,4 A I I H
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TAX PARCEL NO. 80914-1-1150
0 30' 60' 120' EXISTING IMPROVEMENTS
EXHIBIT 'B'
1"=60'
Instrument Number:20231121000906 Document:EAS Rec: S230.50 Page-14 of 28
Record Date:11/21/2023 4:21 PM King County,WA
EXHIBIT C
PARCEL. NO. 1 41-1150
PERMANENT"EAS MENTg
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:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 1, SAID PLAT OF SUN MEADOWS DIVISION NO.2;
THENCE NORTH 01°41'49"WEST ALONG THE COMMON LINE BETWEEN SAID LOT 1 AND TRACT'C'A
DISTANCE OF 108.02 FEET TO THE NORTHEAST CORNER OF SAID L07'1;
THENCE SOUTH 88°00'13"WEST ALONG THE COMMON LINE BETWEEN SAID LOT 1 AND TRACT'C'A
DISTANCE OF 5.52 FEET,
THENCE NORTH 14'11'02"WEST A DISTANCE OF 59.97 FEET
THENCE SOUTH 75°48'58"WEST A DISTANCE OF 2.50 FEET;
THENCE NORTH 14°11'02"WEST A DISTANCE OF 61.70 FEET
THENCE NORTH 07°39'41"EAST A DISTANCE OF 21.26 FEET,
THENCE NORTH 14°47'17"WEST A DISTANCE OF 28.47 FEET;
THENCE SOUTH 75°12'43"WEST A DISTANCE_ OF 15.00 FEET
THENCE NORTH 14°47'17"WEST A DISTANCE OF 20.00 FEET
THENCE SOUTH 75°12'43"WEST A DISTANCE OF 47.05 FEET TO THE WESTERLY LINE OF SAID TRACT'C'
AND THE BEGINNING OF A 825.00 FOOT RADIUS NON-TANGENT CURVE TO THE LEFT, THE CENTER OF
WHICH BEARS SOUTH 75°54'24"WEST
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE AND SAID WESTERLY LINE A DISTANCE OF 20.00
FEET THROUGH A CENTRAL ANGLE OF 01°23'20";
THENCE NORTH 75°12'43"EASTA DISTANCE OF 47.05 FEET
THENCE NORTH 14'47'17"WEST A DISTANCE OF 11.00 FEET
THENCE NORTH 75°12'43"EASTA DISTANCE OF 29.00 FEET
THENCE NORTH 14*47'17"WEST A DISTANCE OF 9.00 FEET;
THENCE NORTH 75°12'39"EAST A DISTANCE OF 31.00 FEET;
THENCE SOUTH 14*47'17"EAST A DISTANCE OF 71.22 FEET,
THENCE SOUTH 07°39'41"WEST A DISTANCE OF 47.64 FEET;
THENCE SOUTH 14'11'02"EAST A DISTANCE OF 14.14 FEET,-
THENCE NORTH 89°49'30"EASTA DISTANCE OF 75.98 FEET TO THE EASTERLY LINE OF SAID TRACT'C';
THENCE SOUTH 01°05'58"WEST ALONG SAID EASTERLY LINE A DISTANCE OF 10.00 FEET,
THENCE SOUTH 89°49'30"WEST A DISTANCE OF 73.27 FEET
THENCE SOUTH 14'11'02"EASTA DISTANCE OF 30.50 FEET
THENCE SOUTH 75°48'58"WF_.ST A DISTANCE OF 12.50 FEET
THENCE SOUTH 14'11'02"EAST A DISTANCE OF 72.27 FEET'
THENCE SOUTH 88°50'46"EASTA DISTANCE_OF 58.21 FEET TO THE EASTERLY LINE OF SAID TRACT`C';
THENCE SOUTH 01°05'58"WEST ALONG SAID EASTERLY LINE A DISTANCE OF 75.98 FEET TO THE
BEGINNING OF A 25.00 FOOT RADIUS CURVE TO THE RIGHT,
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE AND ALONG THE EASTERLY AND
SOUTHERLY LINE OF SAID TRACT`C'A DISTANCE OF 39.29 FEET, THROUGH A CENTRAL ANGLE OF
90°03'16";
THENCE NORTH 88°50'46"WEST ALONG THE SOUTHERLY LINE OF SAID TRACT'C'A DISTANCE OF 44.95
FEET TO THE POINT OF BEGINNING.
CONTAINS 17,706 SQUARE FEET, MORE OR LESS. zzrizrrrrzzr tt zss y
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Instrument Number:20231121000906 Document:EAS Rec: S230.50 Page-15 of 28
Record Date:11/21/2023 4:21 PM King County,WA
SE 1/4, SEC. 33, T. 22 N, R. 5 E., W.M.
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SUN MEADOWS DIVISION 2 0
\ \ VOL. 130, PG 61_62
410 s
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L=20.00' , 15.00' 0. AREA = 17706 S.F.±
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DATE: MARCH 21, 2023 FILE; EXHIBIT C.DWG
EXHIBIT C-1
Seattle PARCEL 809141-�1150
3131 Flllott Avenue,Suite 400
S-tle,WA98121 206.2801640 PERMANENT EASEMENT
Tacoma�Wenafchee I NPG.com
Instrument Number:20231121000906 Document:EAS Rec: 5230.50 Page-16 of 28
Record Date:11/21/2023 4:21 PM King County,WA
EXHIt3IT`O'
Owner:City of Kent
Parcel No.809141-1150
Temporary Construction Easement Legal Description
LEGAL.DESCRIPTION OF GRANTOR'S PARCEL
Tract 'C', Sun Meadows Division No, 2, as recorded in Volume 130 of Plats, Pages 61-62,
records of King County,Washington.
(Reference Deed AFN 19990930002393, Records of King County Washington)
LEGAL DESCRIPTION OF EASEMENT AREA
That portion of the hereinabove described Grantor's Parcel described as follows:
COMMENCING at the Northwest Corner of said Tract'C';
THENCE North 74°29'23" East along the Northerly line of said Tract'C'a distance of 85.95
feet to the POINT OF BEGINNING;
THENCE Continuing North 74°29'23"East along said Northerly line a distance of 20.00 feet;
THENCE South 14°47'17"East a distance of 79.65 feet;
THENCE North 75°12'43"East a distance of 40.00 feet;
THENCE South 14°47'17"East a distance of 80.00 feet;
THENCE South 75°12'43"West a distance of 100.00 feet;
THENCE North 14°47'17"West a distance of 20.00 feet;
THENCE_South 75°12'43"West a distance of 42..23 feet to the Westerly line of said Tract'C'
and the beginning of a 825.00 foot radius curve to the left,the center of which bears South
76°36'04"West;
THENCE Northerly along the arc of said curve and said Westerly line a distance of 40.00
feet,through a central angle of 02°46'42";
THENCE North 75°12'43"East a distance of 82.23 feet;
THENCE North 14°47'17"West a distance of 99.40 feet to the POINT OF BEGINNING.
Contains 10,473 Square Feet,more or less.
Page 1 of 1
Instrument Number:20231121000906 Document:EAS Rec: S230.50 Page-17 of 28
Record Date:11/21/2023 4:21 PM King County,WA
XHIBrT" 'D®1'
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NOTE:
SEE PAGE OF 2 FOR LINE AND
CURVE TABLE LAKE MERIDIAN WATER
=FOUND MONUMENT IN CASE DISTRICT �!
WELL 6 REHABILITATION
0 30' 60' 120' TAX PARCEL NO. 809141-1150
�- TEMPORARY CONSTRUCTION EASEMENT
1"60' EXHIBIT 'D---1'
PAGE 1 OF 2
Instrument Number:20231121000906 Document:EAS Rec: S230.50 Page-18 of 28
Record Date:11/21/2023 4:21 PM King County,WA
XHIB D--1'
LINE TABLE CURVE TABLE
LINE BEARING W LENGTH CURVE RADIUS LENGTH DELTA
L28 N74'29'23"E 85.95' C3 88 5.00 40.00 002'46'42"
L29 N74'29'23"E 20.00'
L30 S14'47'17"E 79.65'
L31 N75'12'43"E 40.00'
L32 S14*47'17"E 80.00'
L33 S75'12'43"W 100.00'
L34 N14`47'17"W MOO'
L35 S75°12'43"W 42.23'
L36A N75'12'43"E 82.2.3'
1-37 N 14'47'17"W 99.40'
LAKE MERIDIAN WATER
DISTRICT
WELL 6 REHABILITATION
TAX PARCEL NO. 809141-1150
TEMPORARY CONSTRUCTION EASEMENT
EXHIBIT 'D-1'
PAGE 2 OF 2 -- ------_ _
Instrument Number:20231121000906 Document:EAS Rec: 5230.50 Page-19 of 28
Record Date:11/21/2023 4:21 PM King County,WA
EXFIIBIT `E'
Owner:City of Dent
Parcel No.809141-1160
Sanitary Control Areas
EXISTING 100 FOOT WELL SITE
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
perpendicular to their respective line.
Said 100 foot radius shall be trimmed along the Westerly line of said Tract'C'.
NEW 100 FOOT WELL SITE
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,the center of which lies as follows:
BEGINNING at the Northeast corner of said Tract'C';
THENCE South 01°05'58"West along the Westerly line of said Tract'C'a distance of 123.25
feet;
THENCE North 88°54'02" West a distance of 100.00 feet to the center of the herein
described radius.
Said 100 foot radius shall be trimmed along the Westerly line of said Tract'C'.
Page 1 of 1
Instrument Number:20231121000906 Document:EAS Rec: S230.50 Page-20 of 28
Record Date:11/21/2023 4:21 PM King County,WA
as
L �IATER ESM'T 33 34
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NOTE
SEE PAGE 2 OF 2 FOR LINE AND
CURVE TABLE LAKE IIrt
==FOUND MONUMENT IN CASE DISTRICT
WELL 6 REHABILITATION
0 30' 60' 120' TAX PARCEL. NO. 809141-1150
_ —=- SANITARY CONTROL AREAS
_ 1"=-60' EXHIBIT 'E--1'
PAGE 1 OF 2
Instrument Number:20231121000906 Document:EAS Rec: S230.50 Page-21 of 28
Record Date:11/21/2023 4:21 PM King County,WA
EXHIBIT F
Restrictive Covenant Public Water SuWlj(Weld
-20-
10688564.5-049361-0134
Instrument Number:20231121000906 Document:EAS Rec: S230.50 Page-22 of 28
Record Date:11/21/2023 4:21 PM King County,WA
Instrument Number:20220426000814 Document:COV Rec:S206.50 Page-1 of 4
Record Date:4/26/2022 2:36 PM
Electronically Recorded King County,WA
Recording Requested by and
When Recorded Mail To:
Lake Meridian Water District
27224--144th Avenue SE
Kent,WA 98042
Document Title: Restrictive Covenant Public Water Supply(Well)
Grantor: City of Kent
Grantee: Lake Meridian Water District
Legal Description
(abbreviated): Sun Meadows Div.No.02 Open Area
FULL LEGAL,DESCRIPTIONS PAGES 1 AND 2,BELOW
Assessor's Tax Parcel ID# 809141-1150
Reference Nos.of Documents
Released or Assigned: N/A
Name of Well System: Wells 6A and 6B
RESTRICTIVE COVENANT
PUBLIC WATER SUPPLY(WELL)
The CITY OF KENT,a Washington municipal corporation("Grantor"),is the owner of the
following described real property situated in King County,State of Washington,to wit:
Tract C,Sun Meadows Division No.2,as recorded in Volume 130 of Plats,Pages 61-
62,records of King County,Washington
(Reference Deed AFN 19990930002393,Records of King County,Washington)
("Grantor's Land")on which LAKE MERIDIAN WATER DISTRICT,a Washington special
purpose municipal corporation("Grantee")owns and operates two wells and waterworks supplying
water for public use located on said real estate,to wit:
1.562354.2-04936s1-0134
Instrument Number:20231121000906 Document:EAS Rec: 5230.50 Page-23 of 28
Record Date:11/21/2023 4:21 PM King County,WA
Instrument Number:20220426000814 Document:COV Rec:$206.50 Page-2 of 4
Record Date:4/26/2022 2:36 PM King County,WA
Well6A:
A 100 foot radius Well Site,as shown on said plat of Sun Meadows Division No.2,
the center of which being 100.00 feet Westerly of the Easterly line of said
Tract'C' and 100.00 feet Northerly of the Northerly line of Lot 1 of said Plat,both
of which are measured perpendicular to the respective line. Said 100 foot radius shall
be trimmed along the Westerly Line of said Tract`C."
Well 6B:
A 1.00 foot radius,the center line of which lies as follows:
BEGINNING at the Northeast corner of said Tract`C",
THENCE South 01°05'58"West along the Westerly line of said Tract`C'a distance
of 123.25 feet;
THENCE North 88°54'02"West a distance of 100.00 feet to the center of the
herein described radius.
Said 100 foot.radius shall be trimmed along the Westerly line of said Tract`C.'
Wells 6A and 6B(the"Wells")are depicted on Exhibit A attached hereto and incorporated
herein by this reference. The Wells and waterworks are located on Grantor's Land,and Grantee is
required to keep the water supplied from said Wells 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 Grantor's Land which might contaminate said water supply.
NOW THEREFORE,the Grantor agrees and covenants that said Grantor,its heirs,successors,
and assigns,will maintain the above-described radii around the respective Wells free from the
encroachment of animals by a physical barrier and will not construct,maintain,or suffer to be
constructed or maintained upon Grantor's Land and within the above-described radii of the Wells,so
long as the same are operated to furnish potable water for public consumption,any of the following:
cesspools;sewers;pressure effluent pipes;building sewers;privies;septic tanks;drainfields;and any
other receptacle for the storage,conveyance,treatment,or disposal of sewage;manure piles;manure,
sewage,and other lagoons;building foundations;garbage of any kind or description;loafing shed;
animal feeding stations;barns;chicken houses;rabbit hutches;dog kennels;pigpens;or other
enclosures or structures for the keeping or maintenance of fowl,animals;underground storage tanks;
hazardous waste sites;storage of liquid or dry chemicals;herbicides,or insecticides;public roads;
surface water;railroad tracks;power utility or gas lines;or known or suspected sources of
contamination such as use or application of liquid or dry chemicals;herbicides or insecticides,on or
around household foundations or any other structural foundations;and fuel 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 having or
acquiring any right,title,or interest in the land described herein or any part thereof,as long as said
Wells or waterworks are used for the purpose of furnishing potable water for public consumption.
-2-
1562354.2-049361-0134
Instrument Number:20231121000906 Document:EAS Rec: S230.50 Page-24 of 28
Record Date:11/21/2023 4:21 PM King County,WA
Instrument Number:20220426000814 Document:COV Rec:$206.50 Page-3 of 4
Record Date:4/26/2022 2:36 PM King County,WA
g Aril
WITNESS the signature of Grantor this day of p ,2022.
GRANTOR:
CITY OF KENT,
a Washington municipal corporation
By: _
Print Name: Dana 1.a t h
�-
STATE OF WASHINGTON )
)ss.
COUNTY OF KING )
On this �, _day rt1 Aril_ 2022,before me personally appeared
Dana Ral .,to me known to be the 1 a'yor o'l�tltc 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. J
OWN it
.� (Print Name)° NOTARY PUBLIC in and for the
u 2 43 State of Washington,residing at
", Syr1- �"o My appointment expires
-3-
1562354.2-049361-0134
i
i
it
Instrument Number:20231121000906 Document:EAS Rec: S230.50 Page-25 of 28
Record Date:11/21/2023 4:21 PM King County,WA
Instrument Number:20220426000814 Document:CQV Rec:S206.50 Page-4 of 4
Record Date:4/26/2022 2:36 PM King County,WA
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1562354.2-049361-0134
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Instrument Number:20231121000906 Document:EAS Rec: S230.50 Page-26 of 28
Record Date:11/21/2023 4:21 PM King County,WA
EXHIBIT C
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10688564.5-049361-0134
Instrument Number:20231121000906 Document:EAS Rec: S230.50 Page-27 of 28
Record Date:11/21/2023 4:21 PM King County,WA
AGREEMENT BETWEEN LAKE MERIDIAN WATER DISTRICT AND THE CITY OF KENT
RE:EASEMENTS AND IMPROVEMENTS AT SUN MEADOWS PARK
1. The City of Kent("City")is the owner of certain real property commonly known as Sun
Meadows Park("Park").
2. The City previously granted certain easement rights to Lake Meridian Water District
("District")at or near the Park and received full and complete consideration for these
easement rights in the form of$45,000 toward the cost of the City's contemplated park
improvements.
3. The City and District now plan to execute an additional EASEMENT AGREEMENT AND
DECLARATION OF PROTECTIVE COVENANTS attached as Exhibit 1 to this Agreement and
incorporated herein by this reference ("Easement Agreement").This Easement Agreement
replaces the previous easement and slightly expands the footprint.This represents
$2,250.81 of the total consideration paid to the City in Section 5.
4. The City and Puget Sound Energy("PSE")also intend to execute the EASEMENT attached as
Exhibit 2 to this Agreement and incorporated herein by this reference(the"Utility
Easement").This Utility Easement shall benefit the District by allowing PSE to service the
District's improvements.This represents$4,274.67 of the consideration paid to the City in
Section 5.
5. In recognition of and in full and complete consideration for the Easement Agreement and
Utility Easement and the disruption in use of the Park during construction,the District has
agreed to contribute to City,and City has agreed to accept from District,the sum of
$6,525.48(the"Consideration") toward the cost of City's contemplated park improvements.
6. The District will pay the Consideration to the City within 30 days of the City's delivery to the
District of the Easement Agreement and a copy of the Utility Agreement signed by its
Mayor.
7. This agreement is effective as of the later of the signature dates below.
Page 1 of 2
Instrument Number:20231121000906 Document:EAS Rec: 5230.50 Page-28 of 28
Record Date:11/21/2023 4:21 PM King County,WA
IN WITNESS WHEREOF,City and District have executed this Agreement.
CITY/GRANTOR: DISTRICT/GRANTEE:
CITY OF KENT LAKE MERIDIAN WATER DISTRICT,
a Washington municipal corporation a Washington special purpose
municipal corporation
By-
Print Name. Print Name:_ .11 -
Its:
Date:__ -105 Date:
Page 2 of 2
8.L
` KEN T
W A S H I N G T O N
DATE: September 19, 2023
TO: Kent City Council
SUBJECT: Easement to Lake Meridian Water District for Backwash
Tank at Sun Meadows Park — Authorize
MOTION: I move to authorize the Mayor to sign the Easement Agreement
with the Lake Meridian Water District to the City, subject to final terms and
conditions acceptable to the Parks Director and City Attorney.
SUMMARY: Sun Meadows Park was originally constructed as part of unincorporated
King County. The City of Kent annexed the area in 1996, and the park property was
formally conveyed from King County to the City of Kent in 1999. At the time of
conveyance, Water District #111, now legally known as Lake Meridian Water
District (District), owned and operated a municipal water well identified as Well #6
and a water treatment building on the park property, which were and continue to
be an integral part of the water utility's service infrastructure.
On May 4, 2021, the Kent City Council authorized easements related to the ongoing
operation of Well #6 granting the District a permanent easement over property
included within Sun Meadows Park to allow the District to continue to maintain and
operate its existing well, to drill and construct a second well and associated
infrastructure, and to continue maintenance and operation of its facilities within Sun
Meadows Park. The new well was necessitated by the failing Well #6 and was
necessary to maintain a safe, adequate water supply for nearby residents.
This new easement agreement incorporates the area of the previously executed
easement and adds a new easement area related to a backwash tank being added
to the existing pump house on the south end of Sun Meadows Park. This backwash
tank necessitates a modest expansion into the park, resulting in additional 843
square feet of permanent easement.
As compensation for providing this additional easement, the City will receive
$2,250.81 from the District based on an appraised value of $2.67 per square foot.
Funding will be used for improvements to Sun Meadows Park to be incorporated
into a future parks capital project. The proposed easements have been incorporated
into a park site plan so that future improvements will not conflict with the granted
easements.
Packet Pg. 128
8.L
BUDGET IMPACT: Additional, unbudgeted revenue of $2,250.81.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
ATTACHMENTS:
1. PPD_LMWD - Sun Meadows Easement - ExhibitA (PDF)
2. PPD LMWD - Sun Meadows Easement - Exhibitl3 (DOCX)
09/05/23 Committee of the Whole MOTION PASSES
RESULT: MOTION PASSES [UNANIMOUS]Next: 9/19/2023
7:00 PM
MOVER: Zandria Michaud, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Boyce, Fincher, Kaur, Michaud, Thomas, Troutner
Packet Pg. 129