HomeMy WebLinkAboutPW16-297 - Original - Metropolitan King County Council - Franchise Agreement Water District 111 - 4/16/99+ Records
M Pagement ,
KENT Document
WASHINGTON
ScA.: V NED
CONTRACT COVER SHEET date -1 P
This is to be completed by the Contract Manager prior to submission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name: Metropolitan King county Council
Vendor Number:
JD Edwards Number
Contract Number: PwlU - 2-1-1
This is assigned by City Clerk's Office
Project Name: FY6W AVl(SQ Aannryf - WCOW WsfYiU1-
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
® Other: Franchise Agreement
Contract Effective Date: April 16, 1999 April 16, 2024
Termination Date:
Contract Renewal Notice (Days): Extended by Ordinance Only
Number of days required notice for termination or renewal or amendment
Contract Manager: Design Manage Department: PW Engine
Contract Amount: N/A
Approval Authority: ❑ Department Director ® Mayor ❑ City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
Metropolitan- K+ng- CGUnty--Eon+-ncil--passed-Ord-No-130&3-a-pprav-ir4g--a-fr-anc-hise-for the—
City of Kent to construct operate and maintain a water system in Council Districts 7, 9,
arad s King Oeu'nty /ater B+s+ri ee-8rd+�ar+Ee-fie,. 3447.
As of: 08/27/14
Metropolitan King County Council
Anne Noris, Clerk of the Council
Room 403,King County Courthouse
516 Third Avenue
Seattle,WA98104-3272
(206)296-1020
TTY/TDD(206)296-1024
MAY 6 1998
May 4, 1998
Mr. Merrill Vesper
220 - 4th Avenue South
Kent, WA 98032
Dear Mr. Vesper:
At its regular meeting on April 20, 1998,the Metropolitan King County Council passed
Ordinance No. 13083, approving a franchise for the City of Kent,to construct, operate and
maintain a water system in Council Districts 7, 9 and 13, and authorizing the Executive to
execute the franchise agreement.
According to the terms of the ordinance, a representative from the City of Kent must sign copies
of the franchise agreement within 30 days after the effective date. If the franchise agreement is
not signed by June 10, 1998, it will be declared null and void.
Please come to our office at 3rd Avenue and James Street, King County Courthouse, 4th Floor,
Room 403,to sign the franchise agreement.
Sincerely,
n
Anne Noris
Clerk of the Council
AN:Ib
Enclosure
Maggl Fimia District 1 Cynthia Sullivan District 2 Louise Miller District 3
Larry Phillips District 4 Dwight Pelz District 5 Rob McKenna District 6
Pete von Relchbauer District 7 Greg Nickels District 8 Kent Pullen District 9
Larry Gossett District 10 Jane Hague District 11 Brian Derdowski District 12
Christopher Vance District 13
'PYETE VON REICHBAU R
@SENT PULLEN
C:,'Rf STQPHER VANC
1
2 12/05/97 Introduced By:
3 clerk 1/21/98
4 BT:ts Proposed No: 98-049
5
g ORDINANCE NO. 13 0 :3
9
10 AN ORDINANCE approving a franchise for the City of Kent to
11 construct, operate and maintain a water system in Council Districts
12 7, 9 and 13, and authorizing the Executive to execute the franchise
13 agreement.
14
15 STATEMENT OF FACTS:
16
17 1. The City of Kent has filed an application for a franchise in council districts 7, 9
18 and 13 to construct, operate and maintain a water system to serve residential,
19 multi-family and commercial developments in accordance with R.C.W. 36.55.010
20 and K.C.C. 6.27.
21
22 2. The city's comprehensive plan was approved on September 17, 1993 by King
23 County council Ordinance 11022.
24
25 3. The application has been referred to the relevant county departments for
26 review.
27
28 4. The King County executive has recommended approval of the franchise.
29
30 5. The Utilities Technical Review Committee reviewed and approved the city's
31 franchise, legal description and map on July 14, 1993.
32
33 BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
34
35 SECTION 1. The granting of a franchise to the City of Kent to construct, operate and
36 maintain a water system within King County is hereby approved. The King County executive
37 is authorized to enter into and execute the water system franchise, which by this reference is
38 fully incorporated herein. Said franchise shall include all of the general and special conditions
39 required by the county.
1
13083
1 SECTION 2. If within thirty days after the granting of this franchise, the applicant shall
2 have failed to sign the written acceptance incorporated herein, then the rights and privileges
3 granted herein shall be forfeited and said franchise shall be null and void.
4 INTRODUCED AND READ for the first time this -�day of Fei r , 19�k .
�v
5 PASSED by a vote of D this- 0 day of , 19
6 KING COUNTY, COUNCIL
7 KING COUNTY, WASHINGTON
10
11 Chair
12
13 ATTEST:
14
15
16
17 Clerk of the Council
18
19 APPROVED this day of
20
21
22
23 - - xecutive
24
25, Attachments: A. Franchise Agreement
2
CITY OF KC�.
IJ U N 0 5. 1998
ENGINEER44G DEPT
FRANCHISE NO. ® V 3
In the matter of the application for a franchise to operate, maintain, repair, and construct
water mains and service lines, and appurtenances in, over, along, and under County roads and
rights-of-way in King County, Washington.
The application of the City of Kent for a franchise to operate, maintain, repair and construct
water mains and service lines, and appurtenances in, over, along, and under County roads and
rights-of-way located within the area described in attached Exhibit "A" has been heard on this
old� day of �i R 1'6 , 19 ,? . All of the property described in Exhibit "A" lies
outside the limits of any incorporated Town or City.
Legal notice of the franchise application and of the hearing has been given as is required by
law.
The King County Council, having considered the interests proposed and advanced, and
finding that the granting of this franchise is in the public interest, ORDERS that a franchise be
granted to the City of Kent, the Grantee, subject to the conditions set forth in Exhibit "B" attached
hereto, this franchise and Ordinance No./30 . This franchise grants the right, privilege, authority
and franchise to operate, maintain, repair and construct mains and service lines and appurtenances
as a part of its distribution system in, over, along, and under County roads and rights-of-way
located within the area described in Exhibit "A".
1
083 a =a " % �4
This franchise is granted subject to all of the terms and conditions contained herein, within
Ordinance No.0,093 and Exhibit "B", and shall expire in twenty-five years on Q?b , 20 J
19 v
Dated this�_day of
KING COUNTY, WASHINGTON
TITLE 1LI rc [pc.�nT jab•-b L'4
The undersigned accepts all the rights, privileges, and duties of this franchise subject to all terms,
conditions, stipulations, and obligations contained herein, within Ordinance , ®?06 and Exhibit
B
CITY OF KENT
GRANTEE
BY ir 4&0
TITLE Ati o�,
Dated this day of N , 19-7—.
2
z �
Exhibit "A"
AREA 1 (SEE MAP # 1)
Those portions of Sections 23, 26, 27, Township 22 North, Range 4 East, W.M., lying westerly,
southerly, easterly and northerly of Kent city limits, AND that portion of the Northeast quarter of
Section 35, Township 22 North, Range 4 East, W.M. lying north of the center line of South 277'
Street, EXCEPT that portion lying within Kent city limits.
AREA 2 (SEE Map # 1)
That portion of Section 25, Township 22 North, Range 4 East, W.M. lying between the Green
River and the Kent city limits.
AREA 3 (SEE MAP #2)
Those portions of Sections 31, 32, 33, Township 22 North, Range 5 East, W.M., lying easterly of
the center of the Green River, lying southerly, easterly, westerly and northerly of the existing Kent
city limits and lying westerly and northerly of the following described line. Beginning at the
intersection of the center of the Green River with the south line of said Section 32 being the
beginning of line herein described; Thence east along the south line of said Section 32 and east
along the south line of said Section 33 to the north/south center line of said Section 33; Thence
north along said center line to a point 30 feet south of the south line of the north half of the north
half of the south half of said Section 33, being the terminus of the line herein described.
AREA 4 (SEE MAP # 3)
Portion of Section 16, Township 22 North, Range 5 East, W.M., lying northerly and easterly of
the Kent city limits and lying southerly, westerly and northerly of the following described line.
Beginning at a point on the south right-of-way margin of S E 240' Street lying 180 feet west of the
intersection of said south right-of-way margin and the north/south center line of Section 21,
Township 22 North, Range 5 East, W.M. being the beginning of the line herein described; Thence
north to the southwest corner of the east 180 feet of the southwest quarter of the southwest quarter
of said Section 16; Thence north along the west line of the east 180 feet of the southwest quarter of
the southwest quarter of said Section 16 to a point on the north line of said southwest quarter of
southwest quarter; Thence west along the north line of the southwest quarter of the southwest
quarter of said Section 16 to the southeast corner of the west half of the northwest quarter of the
southwest quarter of said Section 16; Thence north along the east line thereof to a point on the
south line of the northwest quarter of said Section 16; Thence west along the south line thereof to
the east right-of-way margin of 116' Avenue S E; Thence north along the said east margin of the
northwest corner of Lot 41 Terra Heights, Volume 125 page 7 through 9; Thence east along the
north line thereof to northeast corner of Lot 31 in said Terra Heights; Thence east along the north
line of said Terra Heights to a point 530.50 feet west of the east line of the southwest quarter of the
northwest quarter in said Section 16; Thence north parallel with said east line to a point on the
south line of the plat of Hunter Run Too in Volume 151, page 54 through 56; Thence west along
the south line thereof to the southwest corner of Tract "A" in said Hunter Run Too; Thence north
3
along the east right-of-way margin of 116' Avenue S E to the intersection with the center of S E
228' Place; Thence west along said centerline to the west line of northwest quarter of said Section
16 being the terminus of the line herein described.
AREA 5 (SEE MAP# 3)
Portion of Section 17, Township 22 North, Range 5 East, W.M. lying northerly, westerly ,
easterly of the Kent city limits and lying southerly and westerly of the following described line.
Beginning at the southwest corner of the northeast quarter of the northeast quarter of said Section
17; Thence north along the east line of the northwest quarter of the northeast quarter of said Section
17 to the northeast corner of the south one half of the northwest quarter of the northeast quarter of
said Section 17; Thence west along the north line thereof a distance of approximately 1280.54' to
the east line of the northwest quarter of said Section 17; Thence north along the east line of the
northwest quarter of said Section 17 to the northeast corner thereof; Thence west along the north
line of said Section 17 to the intersection of S E 224' Street and Benson Road (aka SSH Number 5-
C); Thence in a southwesterly direction along the center line of said Benson Road to a point of
intersection with the south line of the northeast quarter of the northwest quarter of the northwest
quarter of said Section 17 produced east; Thence west along said easterly produced south line to the
westerly right-of-way margin of said Benson Road being the terminus of the line described herein.
AREA 6 (SEE MAP# 3)
Portion of Section 17, Township 22 North, Range 5 East, W.M. lying northerly and easterly of the
Kent city limits and lying southerly and westerly of the following described line beginning at the
southeast corner of the northwest quarter of the northwest quarter of said Section 17; Thence north
along the east line of the south one half of the northwest quarter of the northwest quarter of the
northwest quarter of said Section 17 a distance of 330.77 feet to the northeast corner thereof;
Thence west along the south line of the north one half of the northwest quarter of the northwest
quarter of the northwest quarter of said Section 17 to the easterly right-of-way margin of 100'
Avenue S E being the terminus of the line herein described.
AREA 7 (SEE MAP # 1)
Those portions of Sections 25, 36, Township 22 North, Range 4 East, Section 30, Township 22
North, Range 5 East, and Section 31, Township 23 North, Range 5 East, W.M. and including
therein all Land Donation Claims and all recorded plats described as follows:
Beginning at a point on the left bank of the Green River and the north line of the George E. King
Donation Claim Number 40 being the TRUE POINT OF BEGINNING of property herein
described; Thence heading downstream along said left bank of said river to a point on the east
right-of-way line of the Chicago-Milwaukee-St. Paul and Pacific Railroad right-of-way; Thence
southerly along the east line thereof to a point on the south right-of-way margomof South 277'h
Street; Thence easterly along the south line thereof to a point on the east line of the Northern
Pacific Railroad right-of-way and the Burlington Northern Railroad right-of-way; Thence north
along the east line thereof to a point on the north margin of said street; Thence east along the north
margin thereof to a point on the east line of the R. H. Beatty Donation Claim Numbers 37 and 44;
Thence south along the east thereof to the southeast corner of said Beatty Donation Claim which
point is also the northwest corner of the said King Donation Claim; Thence east along the north line
thereof to the TRUE POINT OF BEGINNING.
4
EXHIBIT "B"
TERMS AND CONDITIONS APPLICABLE TO UTILITIES
FRANCHISES GRANTED BY KING COUNTY
THIS FRANCHISE is subject to the following terms and conditions:
1. DEFINITIONS
References to any County official or office also refers to any office that succeeds to any or all of the
responsibilities of the named office or official. References to laws or "applicable laws" include
federal, state, and local laws and regulations adopted pursuant to those laws; unless otherwise
stated, references to laws include laws now in effect, as the same may be amended from time to
time during the operation of this franchise. In addition, the following definitions shall apply:
Cable Services. The term "Cable Services" is used as defined in 47 United States Code 522 (5), as
amended.
Cable System. The term "Cable System" is used as defined in 47 United States Code 522 (6), and
King County Code 6.a.010 (J) as amended.
County Road Rights-of-Way. The term "County Road Rights-of-Way" includes any road, street,
avenue, or alley located within the area described in the attached Exhibit "A", it does not include
recreational or nature trails except where the trails intersect or are within roads, streets, avenues or
alleys.
Director. The term "Director" refers to the chief executive of the King County Department of
Transportation.
Grantee. The term "Grantee" refers to the CITY OF KENT its successors and those assignees
approved pursuant to paragraph 16 herein.
Utili1y. The term "utility" refers either to the Grantee or, depending on the context, to any other
person, firm, or corporation, public or private, which may hold a franchise to maintain and operate
similar facilities in, under, over, across, and along any of the County property described in Exhibit
A"
Council. The term "Council" refers to the King County Council, acting in its official capacity.
Other Governing Body. The term "Other Governing Body" refers to any public official or other
public board or body as may have the power and jurisdiction to permit or regulate the installation
and maintenance of utilities and other facilities in, under, over, across, and along any of the county
property described in Exhibit "A".
5
2. ACCEPTANCE BY GRANTEES OF TERMS AND CONDITIONS
The full acceptance of this franchise and all of its terms and conditions shall be filed with the Clerk
of the Council within thirty (30) days from , 19 , by the Grantee. Full
acceptance of this franchise is a condition precedent to its taking effect, and unless this franchise is
accepted within the time specified, this grant will be null and void and have no force or effect.
3. NON-EXCLUSIVE FRANCHISE
This franchise is not exclusive. It does not prohibit King County from granting franchises for other
public or private utilities, in, under, over, across, and along any County property, including County
road rights-of-way.
This franchise does not prevent or prohibit King County from constructing, altering, maintaining or
using any County road rights-of-way covered by this franchise. King County retains full power to
make all changes, relocations, repair, maintenance, etc. as it may deem fit.
4. JURISDICTION
This franchise is intended to convey limited rights and interest only as to those roads and rights- of-
way in which King County has an actual interest. It is not a warranty of title or of interest in
County road rights-of-way.
Whenever any of the County road rights-of-way as designated in this franchise, by reason of the
subsequent incorporation of any Town or City or extension of the limits of any Town or City, shall
later fall within the City or Town limits, this franchise shall continue in force and effect until such
time as the incorporation and/or annexation is complete according to applicable State law, after
which time the County will no longer have any responsibility for maintenance of any County roads,
rights-of-way or other County property within the area of annexation/incorporation.
None of the rights granted to the Grantee shall affect the jurisdiction of King County over County
road rights-of-way or the County's power to perform work upon its roadways, rights-of-way or
appurtenant drainage facilities including by constructing, altering, renewing, paving, widening,
grading, blasting or excavating.
All of the rights herein granted shall be subject to and governed by this franchise; provided,
however, that nothing in this franchise may be construed in any way as limiting King County's
rights to adopt ordinances which are necessary to protect the health, safety and welfare of the
general public.
5. REGULATION OF USE AND CONTROL
This franchise does not deprive King County of any powers, rights, or privileges it now has or may
later acquire in the future to regulate the use of and to control the County road rights-of-way
covered by this franchise.
This franchise authorizes the use of County rights-of-way solely for the delivery by the Grantee of
water to it customers. Additional uses of County rights-of-way by the Grantee, including for cable
6
0 8 3
communication services, shall first require a separate franchise from King County which conforms
to the requirements of K.C.C. 6.27 as amended, or K.C.C. 6.27A as amended, and other
applicable law.
Any use of the Grantee's equipment of facilities in County rights-of-way by others, including for
telecommunication or cable communication services, is prohibited unless separately authorized and
approved in writing by King County. The Grantee agrees that prior to authorizing any person to
use the Grantee's equipment or facilities located in County rights-of-way, the Grantee will require
the user to provide the Grantee with an affidavit that it has obtained the necessary franchise or other
approval from the County to operate and provide the proposed service in County rights-of-way. At
least thirty (30) day prior to executing any agreement with a potential user for the use of the
Grantee's equipment or facilities, the Grantee shall fax the affidavit to the King County Office of
Cable Communication at 206-296-0842.
6. EMINENT DOMAIN
This franchise and the limited rights and interests for the operation, maintenance, repair, and
construction of Grantee's transmission and service lines and appurtenances are subject to the
exercise of eminent domain. In the event of an exercise of eminent domain by King County, the
value to be attributed to all the rights and interests granted under this franchise shall not exceed the
actual amount the Grantee paid to King County in obtaining this franchise.
7. ENFORCEMENT
Failure of King County, on one or more occasions to exercise a right or to require compliance or
performance under this franchise or any applicable law, shall not be deemed to constitute a waiver
of such right or a waiver of compliance or performance, unless such right has been specifically
waived in writing. Failure of King County to enforce or exercise its rights under any provision of
this franchise or applicable law does not constitute a waiver of its rights to enforce or exercise a
right in any other provision of this franchise or applicable law.
8. INDEMNITY AND HOLD HARMLESS
The Grantee agrees to indemnify and hold harmless King County as provided herein to the
maximum extent possible under law. Accordingly, the Grantee agrees for itself, its successors, and
assigns to defend, indemnify and hold harmless King County, its appointed and elected officials,
and employees from and against liability for all claims, demands, suits, and judgments, including
costs of defense thereof, for injury to persons, death, or property damage which is caused by, arises
out of, or is incidental to Grantee's exercise of rights and privileges granted by this franchise. The
Grantee's obligations under this section shall include:
(a) Indemnification for such claims whether or not they arise from the sole negligence
of the Grantee, the concurrent negligence of both parties, or the negligence of one
or more third parties.
(b) The duty to promptly accept tender of defense and provide defense to the County at
the Grantee's own expense.
(c) Indemnification of claims made by the Grantee's own employees or agents.
7
X,
ST 1(/ 4gs2{
(d) Waiver of the Grantee's immunity under the industrial insurance provisions of Title
51 RCW, which waiver has been mutually negotiated by the parties.
In the event it is necessary for the County to incur attorney's fees, legal expenses, or other costs to
enforce the provisions of this section, all such fees, expenses and costs shall be recoverable from
the Grantee.
In the event it is determined that RCW 4.24.115 applies to this franchise agreement, the Grantee
agrees to defend, hold harmless and indemnify King County to the maximum extent permitted
thereunder, and specifically for its negligence concurrent with that of King County to the full extent
of Grantee's negligence. Grantee agrees to defend, indemnify and hold harmless the County for
claims by Grantee's employees and agrees to waiver of its immunity under Title 51 RCW, which
waiver has been mutually negotiated by the parties.
King County shall give the Grantee timely written notice of the making of any claim or of the
commencement of any such action, suit, or other proceeding covered by the indemnity in this
section. In the event any such claim arises, the County or any other indemnified party shall tender
the defense thereof to the Grantee and the Grantee shall have the duty to defend, settle, or
compromise any claims arising hereunder and the County shall cooperate fully therein.
Notwithstanding the above, the County shall have no obligation to tender a defense as a condition
of the indemnity where there is a material conflict between the interests of the Grantee and King
County.
9. VACATION
If at any time King County vacates any County road rights-of-way covered by this franchise, King
County will not be held liable for any damages or loss to the Grantee by reason of such vacation.
King County may, after giving thirty (30) days written notice to the Grantee, terminate this
franchise with respect to any County road rights-of-way vacated.
10. REPAIR REMOVAL OR RELOCATION
The Grantee hereby covenants, at its own expense, to repair, remove, or relocate existing facilities
including all appurtenant facilities and service lines connecting its system to users, within King
County road rights-of-way if such repair, removal, or relocation is required by King County for
any County road purpose. Such repair, removal, or relocation shall not be unreasonably required.
The grantee shall, at no expense to the County, adjust, remove or relocate existing facilities within
County road rights-of-way, including all appurtenant facilities and service lines connecting its
system to users, if the County determines such adjustment, removal or relocation is reasonably
necessary to allow for an improvement or alteration planned by the County in such road right-of-
way. The County shall give the Grantee written notice of such requirement as soon as practicable,
at the beginning of the pre-design stage for projects that are part of the County's capital
improvement program, including such available information as is reasonably necessary for the
Grantee to plan for such adjustment, removal or relocation.
For projects that are a part of the County's capital improvement program, in addition to any other
8
i
notice given to the Grantee, the County shall provide a vertical and horizontal profile of the
roadway and drainage facilities within it, both existing and as proposed by the County, and the
proposed construction schedule; notwithstanding any permit conditions that may later be applied to
the County project, this initial design information shall be given at least 180 days before
construction is scheduled to begin, except in cases of urgent construction or emergencies. The
Grantee shall respond to this notice, and to any later notices of revised designs based on permit
conditions, within no more than thirty (30) days by providing to the County the best available
information as to the location of all of the Grantee's facilities, including all appurtenant facilities
and service lines connecting its system to users and all facilities that it has abandoned, within the
area proposed for the public works project.
The County shall offer the Grantee the opportunity to participate in the preparation of bid
documents for the selection of a contractor to perform the public works project as well as all
required adjustments, removals or relocations of the Grantee's facilities. Such bid documents shall
provide for an appropriate cost allocation between the parties. The County shall have sole authority
to choose the contractor to perform such work. The Grantee and the County may negotiate an
agreement for the Grantee to pay the County for its allocation of costs, but neither party shall be
bound to enter into such an agreement. Under such an agreement, in addition to the Grantee's
allocation of contractor costs, the Grantee shall reimburse the County for cost, such as for
inspections or soils testing, related to the Grantee's work and reasonably incurred by the County in
the administration of such joint construction contracts. Such costs shall be calculated as the direct
salary cost of the time of County professional and technical personnel spent productively engaged in
such work, plus overhead costs at the standard rate charged by the County on other similar projects,
including joint projects with other County agencies.
11. REQUIREMENT OF CONSTRUCTION PERMITS
The Grantee, its successors or assigns, has the right, privilege, and authority to enter the County
road rights-of-way for the purpose of operating, maintaining, repairing or construction its
transmission and service lines and appurtenances on the condition that it obtains permits approved
by the Director and Property Services Division and, when applicable, by the Department of
Development and Environmental Services. Applications for work permits shall be presented to the
Property Services Division which may require copies of plans, blueprints, cross-sections, or further
detailing of work to be done. In the event of an emergency, the Grantee may immediately
commence the necessary work and shall apply the next business day for the work permit. Any
work done, whether by Grantee, its contractors, or third parties will include necessary paving,
patching, grading and any other reasonably necessary repair or restoration to the County road
rights-of-way. All work shall be done to the satisfaction of the Director.
All equipment, lines and appurtenances which are used in the operation, maintenance, repair or
construction of the Grantee's service and which are located within the County road rights-of-way
shall be considered to be part of the Grantee's system and shall be the responsibility of the Grantee.
All permits for the operation, maintenance, repair or construction of said system shall be applied
for and given in the name of the Grantee, who will be responsible for all work done under the
permit. The Grantee remains responsible whether the work is done by the Grantee, its contractors,
or by third parties.
The Grantee shall, at no expense to the County, assume the following obligations with respect to
the facilities connected to its system that are within County road rights-of-way and which it does
9
not own, including appurtenant facilities and service lines connecting its system to users:
(a) The Grantee shall apply for, upon request and on behalf of the owner of the
facilities, a County right-of-way construction permit for any repairs required for
such facilities; provided such owner agrees to reimburse the Grantee for all costs
incurred by the Grantee and any other reasonable conditions the Grantee requires as
a precondition to applying for the permit. All work to be performed in the County
right-of-way shall comply with all conditions of the County permit and all
applicable County requirements. The Grantee may at its option perform any part of
the repair with its own forces or require the owner to employ a contractor for that
purpose, provided such contractor is approved by the County;
(b) In the event that the County determines emergency repair of such facilities is
necessary to halt or prevent significant damage to County road rights-of-way or
significant threats to the health, safety and welfare of parties other than the owner or
the occupants of the building served by such facilities, the Grantee shall take prompt
remedial action to correct the emergency to the County's approval, which the
County shall not unreasonably withhold;
(c) When the County or its contractor provides notice to the Grantee, pursuant to RCW
19.122, of its intent to excavate within County road rights-of-way, the Grantee shall
provide to the County or its contractor the best information available from the
Grantee's records or, where reasonable, from the use of locating equipment as to the
location of such facilities, including surface markings where these would reasonably
be of use in the excavation. If the Grantee fails to make good faith efforts to
provide the above information within the deadlines provided by RCW 19.122, the
Grantee shall hold the County harmless for all reasonable costs that result from
damage to such facilities if such damage occurs as a result of the failure to provide
such information. Nothing in this subsection is intended or shall be construed to
create any rights in any third party or to form the basis for any obligation or liability
on the part of the County or the Grantee toward any third party, nor is anything in
this subsection intended to be construed to alter the rights and responsibilities of the
parties under RCW 19.122, as amended.
12. RESTORATION OF COUNTY ROAD RIGHTS-OF-WAY
After work on, under or adjacent to County road rights-of-way, the Grantee is responsible for and
will leave all County road rights-of-way in as good a condition as they were in before any work
was done. In the event that the Grantee, its contractors, or third parties working under permit
should fail to restore County road rights-of-way to the satisfaction of the Director, King County
may make such repairs or restorations as are necessary to return the County road rights-of-way to
its pre-work condition. Upon presentation of an itemized bill for repairs or restorations, including
the costs of labor and equipment, the Grantee will pay the bill within thirty (30) days. If suit is
brought upon the Grantee's failure to pay for repair and restoration, and if judgment in such a suit
is entered in favor of King County, then the Grantee shall pay all of the actual costs, including
interest from the date the bill was presented, disbursements, and attorney's fees and litigation
related costs incurred.
10
13083 *
13. PERFORMANCE OF WORK
The Grantee covenants that in consideration for the rights and privileges granted by this franchise,
all work performed by the Grantee on County road rights-of-way shall conform to all County
requirements including, but not limited to, the requirements of the current edition of the County
Road Standards in force when the work is performed and all traffic control shall also conform to
the current edition of the Manual of Uniform Traffic Control Devices in force when the work is
performed.
14. BLASTING REQUIREMENTS
The right to operate, maintain, repair and construct Grantee's distribution and service lines and
appurtenances granted by this franchise does not preclude King County, its agents or contractors
from blasting, grading, or doing other road work to the Grantee's lines and appurtenances. Except
in the case of an emergency, the Grantee will be given ten (10) business days written notice of any
blasting so that the Grantee may protect its lines and appurtenances. If the Grantee notifies the
County within ten (10) business days that the facilities will have to be relocated to protect them
from blasting, the County will defer the blasting for up to ninety (90) days from the date of the
original notice. In no event will the Grantee be given less than two (2) business days written notice
of any blasting. Notification of any excavation shall be provided through the One-Call System as
provided by RCW 19.122, as hereinafter amended.
15. SURVEY MARKERS AND MONUMENTS
It shall be the responsibility of the Grantee performing any construction work in the County road
rights-of-way to restore any survey markers or monuments disturbed by such construction in
accordance with RCW 58.09.130, and as hereinafter amended.
16. ASSIGNMENT
The Grantee shall not have the right to assign this franchise without the consent of the Metropolitan
King County Council given by Ordinance. No assignment shall be effective unless an acceptance
by the assignee of all rights, conditions, terms, provisions, and responsibilities contained within the
franchise, as well as surety bonds which the Council deems necessary to be posted are received.
Council approval of the assignment may be made subject to the assignee's acceptance of new or
modified terms of the franchise.
17. EXPIRATION AND RENEWAL
To the extent described in Exhibit "A", all rights granted by this franchise to County road rights-of-
way outside incorporated Towns and Cities apply to all existing County road rights-of-Way
improved and unimproved and to all County road rights-of-way acquired by King County during
the term of this franchise.
If the Grantee has initiated a renewal of this franchise before it expires, the County may, at its sole
discretion, extend the term of the franchise on a month to month basis for up to one year. Should
the County elect to extend the franchise, written notice shall be provided to the Grantee before the
franchise expiration date.
11
If the Grantee has not applied for a renewal of this franchise before it expires, King County has the
right to remove or relocate any lines and appurtenances of the Grantee as is reasonably necessary
for the public's health, welfare, safety, or convenience including, but not limited to, the safe
operation of County roads, franchise holders, or for the construction, renewing, altering, or
improving of any County road right-of-way, or for the installation of lines and/or facilities of other
franchise holders. Grantee shall be liable for the costs incurred in any removal or relocation of its
lines and appurtenances under this section. Costs include the expense of labor and equipment.
Upon expiration of this franchise, the Grantee shall continue to be responsible for the operation and
maintenance of existing facilities in the County road rights-of-way until removed, assigned to
another franchised utility or abandoned; however, the Grantee shall not have the right to provide
additional services or construct new facilities. King County will issue permits required for the
repair and maintenance of the existing facilities in accordance with K.C.C. 14.44.055 as amended
and Section 11 of this franchise. This section and sections 8, 10-13 and 15 of this franchise shall
continue in force until such time as the lines are removed from County road rights-of-way, assigned
to another franchised utility, or abandoned in place with the approval of the Manager of the
Department of Transportation, Road Services Division.
18. RESERVATION OF RIGHTS
King County specifically reserves for itself the right to impose a utility tax on the Grantee if such
taxing authority is granted by State of Washington and the local option is exercised by the King
County Council.
King County also specifically reserves the right to exercise authority it has or may acquire in the
future to secure and receive fair market compensation for the use of its property, pursuant to an
ordinance. If King County elects to exercise such authority, the fair market compensation
requirement for Grantee shall be imposed by ordinance not less than one hundred eighty (180) days
after written notice ("Compensation Notice") is delivered to the Grantee, said Compensation Notice
identifying with specificity the definition, terms and/or formula to be used in determining such fair
market compensation. Acceptance of King County's definition terms and/or formula identified in
the Compensation Notice will occur if the Grantee accepts in writing within thirty (30) days of
receipt of the Compensation Notice; or, if Grantee takes no action in writing within thirty (30) days
of receipt of the Compensation Notice; in which case the applicable ordinance that the King County
Council passes will be determinative.
Nothing in this section shall be construed as an agreement by the Grantee of King County's right to
exercise authority it has or may acquire in the future to secure and receive fair market compensation
for the use of property. Nothing in this section shall be construed to prohibit the Grantee from
challenging, in King County Superior Court or a court of competent jurisdiction, the legality of
such right.
Grantee's rejection of the definition, terms, and/or formula identified in the Compensation Notice
will only occur if such rejection is in written form, identifying with specificity the grounds for such
rejection, and delivered to King County within thirty (30) days after receipt of the Compensation
Notice, in which case the below identified arbitration terms will apply:
(a) The Grantee and King County will select one arbitrator each, and the two selected
12
f y t
? 1
arbitrators will select a third arbitrator. If the two arbitrators have not selected a
third arbitrator within thirty (30) days after the selection of the last selection of the
two, either the Grantee or King County may apply to the presiding judge of the
King County Superior Court for the appointment of a third arbitrator. The three
arbitrators will determine the method for determining the fair market compensation
for the County property used by the Grantee. The arbitration procedure employed
shall be consistent with the rules and procedures of the American Arbitration
Association. The decision of a majority of the arbitrators will bind both the Grantee
and King County. At the conclusion of the arbitration, the arbitrators will submit
written reports to the Grantee and King County which shall contain all pertinent
evidence that led to their conclusion together with an explanation of their reasoning
for such conclusion.
(b) The fees of the arbitrators selected by each party shall be paid by that party, and the
fees of the third arbitrator shall be paid one-half by the County and the Grantee.
The other costs of the proceeding shall be shared equally by the County and the
Grantee.
(c) In event that the question of fair market compensation is not resolved prior to the
effective date specified by the ordinance authorizing said compensation, the
arbitration decision will be applied retroactively to the effective date in the
ordinance. The Grantee will pay the retroactive sum plus interest in the amount of
twelve percent (12%) per annum.
Nothing in this franchise may be construed to limit the exercise of authority now or later possessed
by the County or any other governing body having competent jurisdiction to fix just, reasonable
and compensatory rates or other requirements for services under this franchise. Nothing in this
section shall be construed to prohibit the Grantee from challenging, in King County Superior Court
or a court of competent jurisdiction, the authority of the County or any other governing body to fix
rates or other requirements for services.
19. COMPLIANCE WITH LAWS
Grantee shall conform to all applicable federal, state and local laws and regulations including, but
not limited to, the State Environmental Policy Act and King County environmental standards and
ordinances.
20. NON-DISCRIMINATION CLAUSE
In all hiring or employment made possible or resulting from this franchise agreement, there shall be
no discrimination against any employee or applicant for employment because of sex, sexual
orientation, age, race, color, creed, national origin, marital status or the presence of any sensory,
mental, or physical handicap, unless based upon a bona fide occupational qualification, and this
requirement shall apply to but not be limited to the following: employment, advertising, lay-off or
termination, rates of pay or other forms of compensation, and selection for training, including ap-
prenticeship.
No person shall be denied, or subjected to discrimination in receipt of the benefit of any services or
activities made possible by or resulting from this agreement on the grounds of sex, sexual
13
orientation, race, color, creed, national origin, age except minimum age and retirement provisions,
marital status, or the presence of any sensory, mental or physical handicap.
Any violation of this provision shall be considered a violation of a material provision of this
agreement and shall be grounds for cancellation, termination or suspension in whole or in part, of
the agreement by the County and may result in ineligibility for further County agreements.
The Grantee shall make the best efforts to make opportunities for employment and/or contracting
services available to women and minority persons. The Grantee recognizes that King County has a
policy of promoting affirmative action, equal opportunity and has resources available to assist
Grantee in these efforts.
21. PENALTY FOR VIOLATION OF CONDITIONS
If the Grantee shall violate or fail to comply with any of the material terms, conditions, or
responsibilities of this franchise through neglect or failure to obey or comply with any notice given
the Grantee under the provisions of this franchise or if the Grantee abandons its franchise,
the Council may revoke this franchise. King County shall give written notice of its intent to revoke
this franchise. A public hearing shall be scheduled within forty-five (45) days following the
notification. The decision to revoke this franchise will become effective ninety (90) days following
the public hearing if the County, by ordinance, finds:
A. That the Grantee has not substantially cured the violation or failure to comply which
was the basis of the notice; or
B. that the violation or failure to comply which was the basis of the notice is incapable
of cure; or
C. that the Grantee has repeatedly violated or failed to comply with any of the material
terms, conditions, or responsibilities of the franchise, even though the individual
violations have been cured; and
D. that the revocation of the franchise is in the public interest.
During the forty-five (45) days following the notification, the Grantee shall have the opportunity to
remedy the failure to comply.
22. RIGHT OF APPEAL
Decisions, requirements, or approvals of the Director are binding on the parties to this document.
Appeals from the Director's determinations will be made by filing a complaint with the King
County Superior Court.
23. SEVERANCE
This franchise gives effect to purposes and uses which are consistent with economical and efficient
services rendered in the public interest. If any provision of this franchise, or its application is
determined to be invalid by a court of law, then the remaining provisions of this franchise shall
continue and remain valid unless the dominant purpose of the franchise would be prevented or the
14
public interest is no longer served.
Revised 07/25/96
15
4
tires
f t (
q ;tih
RECEIVED
J U L 2 8 2003
CITY OF KENT
PROPERTY MANAGEMENT
Return Address:
Attn: City Clerk 19991012000148
Cit
y) GOUNTY09-:-
220 'ourlhnh i nve KING2
.5. NNNAAAIIIIINMM9��,IIIAAAAAA
Kcnt WA 98032 KENT CITY OF nlsc 27.00
•tact a4444aaa4i4}#ata#444F}#}}#}i}#}}}}}}}#as######4■}###}}#}f##}}}##}4}}}}
WASHINQUON STATE COUNTY AUDITOR/RE.CORDER'S COVER SHEE'r
Document'ritle: Cih of Kent Ordinance No.1447
Reference Number(s): N/A
Grantor(s): Last. First.Middle Initial
1. City of Kent,a Washington municipal corporation
;.
•1.
Additional names on page of document.
Grantcc(s): fast. 1•irst.Middle Initial
1. King Count} Water District No. 111
3
4.
\ Iditional names on page.__of document.
r 1,egal Description: (abbreN fated:i.e.lot,block,plat.or sution,toy+nship.range)
N/A
Assessor's Propert 'I'az Parcell ccount Numher(s): N/A
i
If�a
t
ji ORDINANCE NO. �
I I
'
I�.
AN ORDINANCE of the('it} ('ouncil of the('ilY
of Kent. 1A'ashington. granting unto king ('Dunk Willer
i
District No. I I t. its successors and assigns. the right.
pri%iIcge,authorit\.and franchise for W-M-like..ears,to
lain,con,tru,t,cstcnd.repair.realer+and replace r+atec p1pe,.
mains. and I'acilitics under. along. and or across certain
designated streets.ar enues.roads,able%s,rights-of=wa) and
other public places of the ('it}.all m order to operate a
domestic%rater supply s}stern for the purpose of public sale
and distribution of%%atcr to customers within the City.
%1 I II-RFAS.both the Cg\ and the District atc public agcac;CS aut}Iori/Cd
b% I'm to Cngage in lilrnishing domestic watersm tee.anJ to that evict.the Cm ma}.
tluoueh the('it% CounCil.grant franchi.ws with respect to the rights,pursers.dutrc".and
ob11t,alirns of the parties regarding the use of public rights of=w'ai} and other public
propCrly,the pn»Isiun of scr%ices.the nrlintenance and operation of facilities.the right
it, pronullgatr .tiles and regulations. to Ice\ and collect special assessments. rates.
charges.,el�to charges and conncclloll lees.the perlornianee ofcontraclual obligalions
.nil,trr} ollict %natter,.lntimg out of the pro%Isuon of DI,1116.cn ICC to alc.l,it ithtn the
('its. all pursuant to anct is atcconlaulCc wuh R('11' S cairn, act;4l)Ril. ,),WO.
*I 15A.47.040.and 57 Ug.045-.and
�lllliltl �S. the ('it\ has determined that the District can more
cc,uinmic,tlh pro,.rde water scn ice to that certain area or its corporate limits as described
m 4:ahihit A,and
19991012000148
PAGE 002 OF 020
10.12 1999 09 Q
M IW,E"I TY .,a
b E„" C11Y OF "ISC 27 00
RIELLf -
W1 WREAS.the District has the abilit% and desire to pros ide slater Sm tic
to this area:NOW,TIWIMFOREI.
Il
1-111: collwil. ()I: TIT CITY OF KE,NT. WASHINGTON.
DOES III:RI:BY ORDAIN,\S j:()I,I,WA7S:
AT770,1VI. FRANCHISEGRANTED,
(tile herein)hereby grants to King Count% Water Districi.No- I I I (tile
ii herein).a slater district formed under('It.S7.08 RCW.its successors and jSsigith.NIII ljCLI
to file lernis and conditions set 1-orill hereinafter.a franchise for a period otmclo file
I his frmtchise.shall grant
'1 (25)}cars.commencing(ill the cfl'ecd\e date Ol'thiN ordinance.
to tile District the right and I)ri\ilcL!c It,lav dOW1.construct,relay.collimt.replace and or
111:1ii-t1jill Such and SO ratan} pipe,, conduits and mains. and all other apporicimiliX.S.
apprnd:lges,and I'cilities thereto.ill.along.(hrough.and under the MOILICN,street,.a
public pl,lce,,jilid"zl\s ill that portion ill the Kent 011% hilills
lligll%%;IN s.and whet
.Is"peed k,111% LiChCrIbCd in Exhibit A.atulclicki hereto and incorporated licicill.,ls 111,1.k
he I-.ccessjr\.comenient and or proper in order to provide%%aler service to the public,and
fiir(hill pjlrpo,,e ill make an} and all,C01111CCtiMIS\''lie"""IN he ll""Sal-V.-Col"ellient
illid or proper.
SECL10--Y-2. A("I'll OR ITY TO NIANACE, IjE(;1 LATE, AND
coNTROL %%ATER SN'STEM. :\Itcr the construction of the \\al,:r faciliues J,
collielliplilicti under this Iranchise. the District Shall lase the sole to
maintain. manage, conduct and operate it', vaIuT s\slem as installed within the area
cribcj in I.,xilibit A.together\%ith an} additions,extensionsand betterments thereto.
S51,CTIQ.' J. AUTHORITY TO FIX SERVICE RATES. I he rates
• chargCd to the\\atUl'herl lCe CLISIODICr,%\1111111 the area described ill Exhibit A AI'll!he
fixed.altered.regulated.and controlled solul\ b%-the Di,,Iricl.pursuant ill the I ill,it,'Uon,
2
19991012000I48
PAr,E so!r.f 020
12 1.99 09 40
IIW,C6&Wy
Ile
i,rMT CITY CrF it 5
•
on such authority as set lilrth in Ch. 57.O8 R(*\k'. or ally applieahle regulaunos
promulgated thereafter by the stale on the suhjcct of rates and charges tier water sen•ice.
IISECTIOA_4. NON-F.XCLUSIVI; GRANT. This grant or privilege
�I shall not he deemed or held to be exchtsi\C. It sha11 in no manner prohibit the(`it\ from
�G entering into other agreements or lranchkcs of a like nature or Ir,Inchl,es till olhcr puhhc
lior prr\ate utilities.in.o\er.along.across,colder.and upon an\ of the 4reek0CnUC,.
highwa)s. alleys, or public places. or ways as herein described. and shall in no cc,l\
(I prevent or prohibit the('in• from using any of said streets.avenues.etc.,or affect its
jurisdiction aver Illem or any pall of'thenl%%ith full power to make all neceSSan changes.
,i relocation".repairs.Ir1'maintenance of salne as It dCC1115 Ill.
I
i
.SECTION.55. APPROVAL OF PLANS, Prior to comlruction-�l,Lin ill
the pipes.rnodurts.mum,.,laclhties.and appurtenances in the area descrihrd Ill tiecoon
I herein. the District shall submit to the Director of public Works (hereinafter the
..Director-)in triplicate,the plans drawn to an accurate scale,showing the exact location,
character.position,dimension.depth,and height of the work to be dune. The plalls shall
,Iccur.neh depict the rclalke position and location of all pipes. conduits. mains.
mauhole�.lacillnc, ,Ind appurtenances In he constructed.laid.re-laid. installed.replaced.
Ici ured.connecled or dlscoonccied.,Ind the e\I1tnap,Ircel.,I\cmic.alle\.higim.a\.n,_hn
nr ua\ or property lutes .\If streets.menues.Illgh\\ays..rllc\s.l.lncs.ill \\a\,denolcrl
thereon 4hall he designated by their names and number and the local improvancnis
ihcrcin such as road\\a\ pavement, shoulders, side\\alks, curbs. gutters. ditches.
• dri%c\\ay s.parking strips.(clephone or electric distribution poles.conduits,storm.gas.
of \\,Itct pipe hoes as na.o exist on the ground or urea sought to he occupied shall he
outlined
In the construction proposed by the Dv traet,,all Ittstenals and equipment hall he
• ,1s specified na the District's general conditions:old stculdards and as approved by the('rty
file exact class and type to be used shall tx shown Lill the plans,as vs ill file equipment to
J
19991012000148
PQGE 904 Or 020
M le,19"89 40
AEnT LIT, OF rltsc 27 00
ktnG 1:WAM WA
OVA
•
jl he used and the mode of safeguarding and facilitating the public traffic during
I construction.The manner of excavation.construction installation.backtill.and tcmporan
11ructures(such as traffic turnouts.road obstructions.ctc.)shall meet ttlth the appro%al
'I (it'. pass all requiN111011s ot:and he constructed under the super%ision of the DUCLtnl
Prior to upprutal of any %%ork under this franchise. the Director n1a,. require such
i
1"• modifications or changes as he deems necessan to properly protect the public in the use
i
I of fhc public places.and may fix the time or times within and during which such work
shall be done.
t� The District shall pay to the City such amounts as. in the judgment of the
Director.are reasonahh ncccssar% to int•cstigatc and process ant plans for construction
%kotk.tit inspect such stork.kl secure propel field note,lol locaColl.to plat such location,
on the perntancrtt records ofthe('its Nuhlu Works Department.to super%Ise such worts.
j-or to inspect nr re-inspect as to maintenance.during the progress of or after the repair of.
any ofthe initial construction authorized by this franchise. I he City shall make its hest ,
efforts to complete all inspections its it tinlels manner.
i
SECTION(. 1'R(YI Ecrio\or n imic. wheiiewr an acerdcnt.
Iauitk opclatlolt. of e%ra%anon or till associated with the Lonstrucnon. Itt,lall.rtnot.
manttrnanec or repair of the hiCiIIII0 authori/ed under this 11'a11ehilC has caused of
conu ibutcd al it condition that appears to substantiall% impair the lateral support of the
adjoining street or public place.or endangers the public.and adjoining public place.street
utilities or('its property.the Dircclor may direct the District,al its o%cn expense.to take
action~In protect the public.adjacent public places.('its proper!% and street utilities.and
r mat Irquue compliance within o procribed time
In the dent that the Disuoa Id1►s or refuse,,to lake the acuons directed momplf.%.
or GliL to lull% comply %%ith such dtreeuons gt%cn b% the Director. or it'entergenc%
conditions exist which require immediate action.the City may enter upon the property
and take such actions as are necessars to protect the public.the adjacent streets.or street
i utilities.or to maintain the lateral support thereof.including placing of temporary shoring.
19991012808118
Far,E 005 OF 02e
10 12 1999 09 40
IINO COW41rt UN
LENT City OF NIsc 27 00
1
Pam
•
s
hacktilling.alterations of drainage patterns and any other actions reasonably necessary
to decrease the possibility ofearth nro%ement.or action.regarded a�neceti,ar% said%
prccauliuns..utd the I)islrict shall he liable In the C'tty lot the cost~thereof'.
fI SECTION 7. REPAIR OF STRUTS,SIDEWALKS,AND PUBLIC
PLACES. After construction.maintenance,or repair ofthe facilities authoriicd by this
II Agreement.the District shall repair and restore any damaged or injured streets.avenues.
Itlgh%wayS,nC 1711b111'111ahC�,ar a1'Icctcd lxxlions of same.to their original condition. I"hc
ifDirector shall ha%I:final appr%al of the cnndltunt of Such SII'CCts.md pubic pldc:1 at lei
Il contplellon of construcuoo
I,
i!
SECTION'R. INUMNIFIC'ATION. I he District hereby release,.
cotenants not lu bring suit and agrees to indenmifv.defend.and hold harmless(lie City.
if,,officers.officials.employees.agents.and representatives. from any and all claim;.
COSls.juclgnunts. mards.or liability iI+any person.including;claim~by the DI%tTll't"o%%n
Colph%cc.w%%hlch(Jte I)I'utct nu!ht )tllcR%iw he uummnc under I iIle�I I(('\\.,lnsu,g
front Inluly or death ot'am person or damage to property of%%hlch the ncgllgcnt act,or
omission,of the District.Its agents. ,ev%ants.olltccrN.oi-employees In pcI'fornong this
Iranchise agreement are(lie proximate cause. I'hc District filrther releases.covenants not
to bring suit and agrees fo indemnil}.dcletld and hold harmless the City.its olficem.
officials.entplovees.agents and reprrscotatives I'rrnn any and all claims.costs.judgments.
o%%ards of hahilih to am person Including claims h% the District's our employee%. to
glitch the Dlntl•lct nrlghl othcr%%ISU Ile inunune under I life'I R(\\.dr1%mg al_.un,t dl:
• (lu %olCl% b% %blue of the('it%'s oanershlp or control of'the rights-of-%%a% of other
public properties by l irtue ol'the District's exercise of the rights granted herem.or by
%irtue of the City's permitting the District's use ofthe City's rights-of-way or other public
property. haled upon the inspection or lack of inspection of work performed by the
• District. its agents. and servants. officers. or employees in connection with %%ork
authorved od the C'ity's property or property o%cr which the City has control.pursuant
I
19991012000148
P4GE 006 OF 020
10.121999 09 49
h IHG COUNT, UA
RENT CIT., Or NI SC 27 00
to this franchise agreement or pursuant to any other permit or appw%al issued in
I� connection hereto.
This covenant ofindenlnilication shall include.but not he limited by this rcicrence
to.claims against the City arising as a result of the negligent acts or omissions of the
District. its agents. servants, officers. or employccs in harricading or providing other
.earnings of any excavation,construction.or work in any public right-ofaa% or other
public place in performance of work or services pem itied under this franchise agreement
Inspection or acceptance by the C'itq ofany cork perlimrmed by the District at the lime of
•I
!�completion shall not he grounds for amoidance of :uiy of theac c-malts of
indemnification. Said indemnification obligations shall extend to claims which are not
reduced to a suit and:uny claims which nla% tv compromised prior to the culmination of
any lifigation or the institution of any liiigation,provided that the District shall not be
liable to indemnify the C'in for any settlement of any action or claim effective l,%ithout
if the consent of the District.but it settled%%ith the consent of the District.the District,hall
indennili and hold hanllless file( Ifni from and against loss or liability by reason Ill such
,ettlemnent l Ile District 4hdll he nbhgafcd to indemnify the City reg.udless of ��hcthct
the seltlenunt of the action on the claim is made wth the consent of the District if the
District has refused to defend the City
In the event that the Disuicl refuses the lender ofdcfense in any suit or claim.said
tender Raving been made pursuant to the indemnification Clauses contained hereon,and
end refusal is subsequently determined hx o court has ing jurisdiction(or such other
tribunal that the pantie,shall agree to decide the nlattert to h.ne been!r ronulul iclusal
nn the 1+a1.t of the Dtstrfct.then the District shall pay all ofthc i rn's costs[tit deletnse of
• the action.including all reasonable cxpctj ins imess fees and reasonable attonley"s fees and
the reasonable costs of the City.including,reasonable attorneys roes for rcco%.er under
this indemnification Clause.
Should a court ofcompetent jurisdiction determine that this franchise is subject
to ROV 4?4.115.then.ill the Milt of liability for damages arising oul of hodih mJury
i to persons or damage to property caused b% or resulting from time concurrent negligence
G
19991012000148
,,AGE eel OF 020
kjnG COl� INf9WA
V.EH7 rtty or ntSC 21 ee
i ti
t
li of the District and the City. its officers,officials.emplorces or agents. the District's
I Ilahility hereunder shall he only to the extent of the District's negligence. It is further
specifically and expressly understood that the indemnification provided herein constitutes
the District's naiver of immunity under Title 51 I(('V+'.solely for the purposes of this
indenmificatiolJ.This waiver has been nnulually negotiated by the parties.
i
SECTION 9. INSURANCE. The District shall procure and maintain lur
the duration of this Agreement. insurance against claims for injuries to persons or
damages to property which may arise Isom or in connection with the exercise of'tile
nghls. privileges and authority granted hereunder to life District. its officers,officials.
agents.or employees. 1 he District shall pnn ide a copy of such insurance policy to the
('it% for its Inspection prior to the adopunn of Ibis agreement. Such insurance ~hall
c1idence:
\ Automobile I.iahility Insurance mlilh limits no less than SI.(H)O.U01►.U1)Combined
snlgle I.Itnil per accident for hodil injim% and property damage:and
li. ('onunerclal General l.iabilit\ Insurance\kritlen on all Occurrence 1XISIS 4%Idl 111111IS
no less than SI.IIUo,00000 ('ombincd Single limit per occurrcncc and
$1,000.ot)U.l]l1 aggregate li+r personal miun.bodik inlur,.and prolwrty damage.
Ainv deductibles or sell'insured retentions must he declared to and approved by
the City. payment ofdeductihle or sell'insured retention shall he the sole responslbillly
of the District.
I he nntiurance obtamcd by the District shall name the('lly.Its officers.oliiclals,
enlpll+y cc,and agents as insureds anh regard to acti%ities perfi/rtned by or on hehalfof
the Dkirlcl I he cmerage shall contain no special limitations al the scope of protection
,11'10ydcd to the('it%.it+officel..alficials.emplmecs ur agents. In addition,the insurance
policy shall contain it clause stating that coverage shall apply separately to each insured
agailtst mmhom claim Is made or suit Is brought.except wth respect to the hunts of the
• msurer',z hah lih I he District's msurance shall be prnnan insurance as respects the('n\.
rts otf icers.olficials,employees.and volunteers. An% insurance maintained by the(•it%.
7 f
19991012000149
PaGE ee?Ur 020
10,12,1999 09 Q
k ING CCRJNTY NP
kENT CITY Or Nict 21 Be
•
l its officials.officers.employees,or agents shall he in excess of the District's insurance
l l and shall not contribute with it.
"I•hc insurance policy or policies required by this clause shall be endorsed to state
1
that coverage shall not be suspended. voided. canceled b\ either party. rc(luced n.
�i
coverage or ill limits except after thirty (30)days prior mitten notice by certiticd mail.
I
I; return receipt requested, has been gi\cn to the Cih. .gym f:lilure: to alntply \\tilt the
+�If reporting prat isions of the policies shall not affect coverage provided to the City. its
II ollicers.officials.employees or volunteers.
I I
�! SECTION 10. RELOCATION OF LINES AND FACILITIES. The
I'
j, District agrees and covenants at ils so(ccost and expense.to protect.support.lemporanl\
disconnect.relocate.or re.no\c 1'rom any street of.public place.any of its ntstall•.uluns
\\lien so required by the City by reason(if traffic conditions or public safety.dedications.
or ne%% rights-of-wa\ and the eslahlahntcnt and imprmcmcnt thereof. lirc\\ay
construction.change or establishment of street grade,or the construction of any public
imprm ement or structure by any go%emmettal agency acting in it governmental capacity.
pro\filed that the District shall ill all such cases haw the pri\ilcgc in temporarily b\pass.
In the autholired portion ofihc saner street upon appro\al by the(•it..ul\ uatcr hoc or
portion thereof required in he temporarily disconnected or renuc\ed.
I he('Ili shall consult all as-built maps and plans filed by the District pursuant to
this tranchise or any permits anihoriied under this franchise. in order to determine
\\helher the Di strict has placed pipe or facilities in any area affected by a proposed City
project. I he (•ity\\ill make its hest Mort and attempt to design or redesign streets.
I\enim,alleys or public place,or Ha\s,and other('fit\ utilrtie';to ntinnmve the impact
tilcl-cor tin the District's e\isling eater systems. including the treed to requite the
District's facilities to he relocaled.pltovIDI•.I)M Ak I•XI.1(.that the C•it\shall make the
final determination on tile'iced for relocation of the District's facilities.
• 11'hene\cr the Cit determines that any of the above circumstances necessitate the
` relocation of the District's than existing iacilitics.the Cite shall nolilj•the District in
R
19991012000148
PWA 009 Or 020
.0•I2 1999 09 40
KING COUNTY HP
KEN* CITY Oi' Nlsc 27 ee
0
f writing, and provide the District with copies of pertinent portions nl'the plans and
11 speciticafions for such project so that the Di,lril IS able It! relocate it,, faedllleti In
uccontmodzitc the C'ith's proJecl al least ten t 10) da%s prior to the project',
f ctnnnlenccment.The('ily shall provide notice to the District and require relocation of'thc
III facilities in a period of time that is reasonable given the eircumstances surrounding the
H proiect. Cie C'Ith understands that pursuant to RC%V 57.08.050.the District 1s required
�I to eontplL wvith certain notice and hid procedures prior to cumnlencentent of an)'
jconstruction proJecl. Whenescr practical.given the circumstances surrounding the C'it%',
I
project.the('iq shall provide the District with sul'ficlent ttoticc to enable the District lu
Ii compiv full} with IWA' 57.08.0q) c-ilhuut resorting to emergenct po«erN granted
therein, l'pon the District's failure to complete relocation of its in<t:tllatiun. InJ lacllrtles
I,,direct•_d b% the City.the C'it� ma% remove same at the District's expense.
IL after r(:viewing the as-built maps and plans submitted bN the District,the('it)
determines that the District's pipe or facilities,%ill nut he alTeeted N I proposed('its
hall he glen to the District. I'he C'lt% n1a% then commence
pr()fecl, fit) not ce s
cunslnlcuon and 1t the(ny IinJs that the Dlatrlcfs us-I)IIIII nl.lps.111J pl.lns.nr nlacculate
through the actual di-Mc1'A of pipe and facilities n1 the t:onslrucuon are,l.the('itv ,hall
notil%the District and all()«the District twent\-limr('d)h()urs to rrnm%c and or relocate
its pipe and facilities.I lo%wver.should the District he unahle to remove and or relocate
It,pipe and facilities within this twenty-liulr(24)hour period atier note lication.the('it}
not% renim a and dispose of saute at the District's cost.
.S1;7("Tl(1N 11. ABANDONMENT OF i1 ATER PIPE AND tit S114:A1
r FA('11.11IE'S. No pipe. conduit. mart. appurtenances. appendages or %%atcr sistcnl
f:lcillucs nla} he abandoned bN the Distric(without the express wrillen consent of the
C'lt%. Abandonment procedures may be initiated by application of the District to(he C'it%.
which application shall detaii, to the C'iq's satisfaction. the location of all pipe or
« Llcilitles to he abandoned.and the procedures file District plans to implement in order to
i conq,l) urti all loull.state.and federal regulations pertaining to abandonment of water
9
19991012000148
PAGE 010 Or e20
10,12'I???0- 40
k1NG cowli NA
KE111 CITY 0r MI$C 27 00
i
pipe and lacilitics constructed ol'ashestos cement or other materials containing asbestos
r
j 1 he District shall.at its own cost.rentoar and properl% dispose of all,thandoned pgies
�i and«aler lacilitics aahcn so directed by the City li,r the reasons and conditions set firth
in paragraph line.Section 10.Relocation of Lines and Facilities,and for street Vacations.
�! in the case of street Vacations.the City shall retain and grant an casement to the District
! iitr:illy pipe and facilities then in use by the District. The City shall give notice to the
District of an) proposed proliect or street Vacation requiring remmal ofabandoned pipe
I; an
d facilities as sel nitro in Sccnnn I ti. II the District,foes not cumpl} a,llhln the tltnr
It period set Ilk the('ih,the Mitt arty arrange liu'the rcntotal and proper lisp os,ll of,111
such pipes and tacilities at the DlStriel s cost.
VEC'T10JV 1 . EXCAVATION. During an) period of installation.
relocation.maintenance.or repair of the District's lacilitic,and installations.all surface
strlcturcs.ll am.shall lie erected and used Ill such places and positions aauhm sail public
I'If,111�-of-tt,la and olilet ptIh11C properllc,,so I,it,mterlel:as Italy.Is Po-1111c a1Ilh Oh'
irce passage of traffic and the Ircc use of adjoining properta,and the D]A'let shall at all
tinges past and maintain proper barricades during such period ol"cunstruction as required
Ilk state lass or City ordinance.
Whenever the District shall excavate in am public right-ok%ay or other public
proprtt% for the purpose of installation.repair.maintenance.or relocation ol'its tacilitle,.
it sh.tll apph a,the tits for:I parm i lit do sit and e%ccpt in the ca5c of in emergency,
shall filar the l tt� at least three t�l tsorking d,os notice thereof In the e-11 nitat
eniercenca aaork Is required.the District maa.without prior aaritten notice to the('Its.
request pennits b%telephone. File Director shall grant or den}such permits by telephone.
hug the District shall follow-up all phone emergency permit requests with a written
.gTplicatior within three(3)working days of the telephone notification to the Director.
In all other cases.the(Ila shall apprme the Dlstncl*s applications li,r permits as soon
.1, leasonabla possible. During the progress ill' the work. the District shall nor
unnrcessarlla obstruct the passage or proper use ol'the right-or—ii%.and,ill[file nl,gn
10
19991012000148
DOGE oil Or O2Q
10.12 1999 09 40
kINr COIJKV ua
k1E11T CM OF' 1115C 27 OQ
i
t or plans%%ith the City (as described in section 3 herein)showing the proposed and linal
l location of the setter facilities.
If either the ON or the District shall at an; time plan to make excavations in any
I�area covered by this Agreement ants!as described in this section,the party planning such
1 etca%ation shall alldrd the other.upon receipt ol'a written request to do so.an opponuni(%
to share~Lich matation.11R0)%'IDI•D I f l:\l:(I)1,uch blot use SlUdI nut o11MIS1ln.lhl}
I� delay the Work ofthe part%causing the escat•ation to be made.(2)such 1111nt use.hall he
arranged and accomplished on terms and conditions satisl'actury to both parties:and(3)
.I
,I either part%-may den) such request for salct% reasons.
Prior to comntencemcnl of amp construction authorized by this franchise
agreement. the Director shall reference all monuments and markers of eeen nature
and all other sul-%eas. I he reference points~hall
1claling to suhdi\isum pl.ds.highways
be so localCd I1131 tile\ %till not he disturbed during the DI.U1cI's operations tuulrt 111I.
i
. Iranchlsc. I lie method ul'refereneing tltcsc nx,nunu•ms or atfter paints(,)be relcrcnEed
shall he approtcd by the Director before placement. file replacement of all such
monuments or markers disturbed during construction shall he made as cxpcdiliousl\ as
conditions permit and as directed by the Director. the costs of monuments or other
ntarker> lost, desttoycd. or disturbed and the expense of Teplaccntent by approtcd
monument,shall be borne h,% the Dlstllcl.
.Vj,.0 1U.y11.IG COMPLIANCE WITH LAWS. the District. it,
subcontractors.employees. or any person actin.:on behalf of the District shall keep
him hersell filly inibruned ofall federal and state laths,and all municipal ordinances and
regulations%%hick in any manner affect the Mork or performance of the work authorized
under this franchise agreement.and shall at atll limes observe and comply with such la\CC.
11l,lin.lncc1..111d regulatons,whether oI•not such laws.ordinances.or regulalions.Lie
mentioned hercnl.and~hall ntdcntni!i the city. its officers.officials.agents.employ ecs
or rcprescntatt%cs Igalnst any claim or liability arising from or based upon the%rolamon
1 ()Pally such laws.ordinances or regulations.
II
19991012000148
PAGE 012 OF 020
19-12.1999 09 Q
KING CrYPTY WA
KENT CIT'e OF 11a5C 27 00
•
SECTION 14. INSCRIMINATION. The District agrees that it shall not
Ifdiscriminate against any crnployce or applicant on the grounds of race. creed. color.
I� religion.national origin.sex.marital status,age or the presence of any sensor%.mental.
or physical handicap.prrn ided that the prohibition against discrimination in cnrplo.meal
because of IMIKI cap shall not apply rf the particular drsabrlity prevenis ilic proper
perlormancc of the particular porker involved. 'I ire District shall ensure that applicants
are employed.and thin employees arc treated during employment,without discrimination
f because of their race.color•religion,sex.national origin,creed.marital status.age.or the
presence of any sensory,mental,or physical handicap. fhe District shall take such action
ith respect to this franchise as may he required a1 ensure fill compliance%pith C'h 41).611
j� lfl'11
{, SIsC'TION 15. CITY('ONti'I'Rt`('TION AI),IA('F,N'I'TO DISTRICT
INSTALLATION. The laying,construction.maintenance,and operation of the said
District's system of eater lines. pipes, conduits, mains. etc., authorized under this
lianchisc,Igrccnlcnt shall nut prCCltule the C'it,or its accrediled agents and contractors
Inmr bLLting. grading or doing Other necess.ln road cork contiguous to the aid
D1stilct's pil,c lines.provdcd fiat the District shdll hale ling-eight 1491 hours noucc of
said blasting or excavation in order that the District may protect Its line of pipe and
property,
,5EC'TION 16. MODIFICATION. I'he City and District hereby resenc
the right to alter•amend or nuvditj the terms and conditions of this franchise agreement
upon%%•then agreement of hoih parties to such alteral ion.dnlendntcnt.or Mod I1ic.mon
SECTION 17. BOND. Belize undertaking an. of the x%ork.
rrnproventents.repair.relocation.or maintenance authorized by this fr.utchise.the District
shdli.upon the request of the City furnish a bond executed by the District and a corporate
surety authorized to do surety business in the State of R'ashinglon,in a sum to be set and
I'
19991012000148
PWX 01 i Or 020
10 12 1999 09 40
Ktry,COUNTY WA
kCNT CITY Or NISC 27 00
•
It approved b) the Director of Public 'Works as sufficient to ensure perlonnance oI'thc
I District's obligations under this franchise. The bond shall he conditioned so that the
District shall ohserve all the cowltants,terns.and conditions and fuithl'ully perform all
(it-tile nbligalions ol'this franchise.and to erect or replace any defccti\e%%ark or matenak
j disem cred in the replacement of the City's streets or property within a period of mo(2)
scars from the date of replacement and acceptance ofsuch repaired streets by the 01N.
It.
u
1i SECTION 18. FORFF.ITuRE..AND REVOCATION. If the District
I
11 uilllillh• violates or fails to colnpfy with any of the pro\lstons of this IranChiSC. or
Ij
is Through\\illtid or Lmreasonahlc negligence tails to herd or contpl\ \\nb an\ naive gt\en
dre District under the pro\tsions ot'this franchise.then the Dlstrtcl shall,at the election
of the Kent Ciq Council.forteit all rights conferred hereunder,nd this franchise tttay he
rc\aked(11 annulled by fliv Council after a hearing held upon reasonable notice to the
District. File City Wray elect.in lieu of the above and\\ithout any prejudice to any ol•its
other legal rights and remedies. to ohlain an order from the superior court haying
jurisdiction compelllnf!the District to comply \yith the pro\isions of this franchise and
to rcco\cr damages and costs incurred b\ iltc('it\ by ►mion of the District's I'lido •Io
u+ntpl}
Sl;['T1O11' 19. IMMEIIIFS TO ENFORCE COMPLIANCE. In
addition to any other remedy pro\ided herein,the City rescr\es the right to pursue any
remedy io compel or force the District and or its successor:,and assigns to comply 1\1tb
the terms hereof.and the pursuit oi'any right or remedy by the Cit% shall not pre\col(hc
i ( m\ drum thereafter declamig. a Iorte►ture or re\ocahott (itr breach of the condltlnns
herein I his franchise ordin.utce}hall not inan\ na\ al'Icc(the District'e obligation to
abhor AI ncccssary pcnmts and to comply \\ith all Ci(y ordinances.rules.and regulation.:
,1s they apply to any \wrk or acti\it\ subject to this franchise.
1
..r I' 1
1999,012000148
PAGE 014 qr 01'
t0 12 '",0.?4g
k1NG COUNT)
kEt(i C11v Or tlISC 2%N
•
•
11 .SFCTIOA'20, (TIFYORDINANCE'S AND RI•;(:l•I ATIONS. \othi,:g
�� herein shall be deemed(u direct the OWN ahilih to adopt cold enli)rcc all ilecessarn and
�+ 'y)propriate ordinances reguiaiing tilt•perli)rmancc )I*tile c•onduu,ns uf*(his Iranch,se,
III including an} reasonable ordinance made in the exercise o1•its police pncN•ers in the
!� interest Of the public safely and fin the%%clfare of the public. The('it)•shall ha�.e the
+ tulhoritc at all times to ecmlrol by appropriate regulations the location. elevation and
manner 01'construction and maintenance ofam eater facililies 11 the District and the
i
i District~hall prumpil)c(,nti)mi«ith all such regu Lit iuns.u,Ile,compliance�coulJ�,uuc
i� (lie District to A iola(c other requirements ohIa%%.
SF_CT1Q1 21. ('OS'I'OF ITISLICATION. 'i lle cost ol'public;ltintt of
this tialchise ordinance shall he horne by the Dis(ricl.
.SEC770A'22. ASSIGNMENT. 'I he District ma) not assign the nght%.
duties.and obligations under this agrccmcill ,,.ithout the prior. c%ntfen c•nnscnt of the
( tl). ahrch cotlyenl sh;lll not he unrcasonahl,� „rlhhcid. II'uich consent i,gncn for
asignn,cnt.accel)uulcC oI•t1,c asslgnrticnt shall he filed hY file I)istrict's successor„ill,
the(',I,
.SECTIOA*23. S1'CCF,SSORS AND ASSIGNS. All the pr(wisions.
Condilians.regulations,and requirements contained in this Agreenlenf shall lie hu)dlne
upon the successors and assigns tit'the District.and all pnc ileges of the I)Istr)c( shill
Inure lo,l,suCcessor,and assign,cquall% as if(hcy sere specific;,11% nlenlioned hcreiu
IP
S'I;'CTIO,V 24. NovC V. An)- notice or intimation required or
permillcJ to he gi%cn to the parties under this Agreement may be sent to the follottiing
.addresses unless olher%%-isc specified:
10
J
14
19991012000148
PAGE O S OF 020
10 12 1999 09 40
KING COUNTY UA
KENT CITY Or nISC 27 00
IRMO
I'II1:(TIN OF KENT KIM;co.NvATf•.12 ms-rim l'No. I I i
Director of Public Works General Manager
220 I•ourth Menue South 27224- 144"'Avenue SP.
I� tent Washington 98032 Kent Washington 98042-9058
I SECTION 25. ACCEPTANCE.. .Alter the passage and approval of this
ah roval.this franchise shall he accepted
ordinance and within sixty (hQ)days alter such PP
I, b, the Iistrict by its filing with the City Clerk an unconditional written acceptance
it thereof: I allure of the<irantec to:.o accept tills lranchise within said period of time shall
i
Ile
devilled of relrction thcreof by the District.and the rights and privileges he rout granted
shall.after the expiration ol'the sixn•(60)day period.absolutely cease and determine,
unless the time period is extended by ordinance duly passed for that purpose.
SF.0 T10.V 26. SURVIVAL All of the pro,ision., conditions. 11)1
rcyuirements of Section 0.Protection of Public:8.In m deniflc:ttitrn; l U.Relocation of
Lines and I acilities,and 11.A1111.1odonnlenl of Lines and Facilities,of dus I•r.nichre
shall he n1 addtnon to any and all other obligations and liabilities the District may haw
to the City at common I.M. by statute. or by contract. and Shall sur,i,c the ('ity's
franchise to the District liu the use of the areas mentioned in Section I herein,and any
tenewals or extensions thereof: :\ll of the pro,isions. conditions. rem,lilt ions. And
rcyuircntents contained in this franchise -Alliance shall lurthcr he hindm-v upon the
LICCLssots and assigns of the District.and all pri,ilcgcs.as well as.111 obligation,•Ind
•
It.Ihtlities 111 the District chaff inurr to it.successors and assigns cyualh it,It they were
y,ecllicalh mcntione.l„hcrewr the District is named herein.
SECTION 27. SEVERA13ILITY.. If any section.sentence.clause.or
phrase of this lianchisc orduiancc should he held to he imalid or unconstitutional Ix a
court ufnanlxtcnt jurisdiction,;"cll in,alidity of unconstltuuonaht,:Shall not affect the
,alidtq of con.titutionaht, tit'any other section. sentence. clause or phrase of tilt,
Iranchise. In the c,en that any of the provisions of this franchise are held to be imand
1
15
1999,012000148
FADE 91E OF e2e
to k 2-1919 I NGCOUNT�Y09�0
RELIT CITY OF NISE 2% 00
I
I by a court of competent,jurisdietion.the City mssrees the right to reconsider the grant of
li this Iranchise and nim amend,repeal.add.replace or modify-am other provision.or maN
terminate this franchise.
.SF.C'TION 28. EFFECTIVE DATE, I his franchise ordinance shill!he
I -
r I)submitted to the Kent City Attorney:(2)introduced at(cast once at a regular modmL
of the Kent City Council:(3)published at least once in a newspaper of general circulation
in the City ot'Kent.and if granted by the approving vote of at(cast a majority of the City
I (,ounctl,shall he ctTecth e in thirty j30)Jays alter execution.
t,
,
II I F.MAYOR
CLERK
APPROVED AS k)I•OR.M.
ROG Il A I l"BO 'ICI I.CID
PASSED. JA—daN of*
\I'1'ltt)VI I) /I d<l\ tit'
r I>t tat ►,tlt•I) /J_.day l,f_ �? i�..•,.G�_. 11)t)1)
t hereby ccrtity that this is a true cops oft)rdinancc No.
h% the Cith Council ofthe CiU of Kcn:,waslttngtom and appro,ed by the Mayer tlf the
Cuty of Kent as hereon indicated. J
1 ARF.NDA JA(;63f 1 .C ITY CLERK
199 Q10120001A0
40
k1w.CO ryT`e�N°
✓flat CITY OF Msc 27 00
E3aMrr•A"
WATER DLWMCT#111 OF KING COUNTY
CITY OF KENT FRANCHISE LEGAL DESCREMON
November 18,1998
BEGINNING at the intersection of a line lying 495 feu West of the East line of the
Northwest quarter of Section 21, Township 22 North, Range 5 East, W,M. in King
County,Washington with the South margin of SE 240th Street;
Thence Easterly along said South margin to the West line of the East half of the
Northeast quarter of said Section 21;
Thence Northerly perpendicular to said South margin to the centerline of SE 240'°
Street;
Thence Easterly along said centerline to its intersection with the Northerly margin of
said SE 240"Street in the Northeast quarter of Section 22,Township 22 North. Range
5 East. W.M., in King County, Washington:
Thence Southeasterly, Southerly, Southwesterly and Southerly along said Northerly
margin of SE 240'Street,the Easterly margin of 148ib Place SE and the East margin of
148'Avenue SE to the East margin of Soos Creek Drive SE in the Northwest quarter
of Section 26. Township 22 North. Range 5 Ease. W.M.. in King County,
Washington:
Thence continuing Southerly and Southeasterly along said East margin to the "forth
line of Lot 3 of King County Short Plat No. 880080. recorded under Recording No.
8110140550, records of King County.Washington;
Thence Easterly along said North line to the East line of said Lot 3;
Thence Southerly along said East line to the North margin of SE 264th Street;
Thence Easterly along said North margin to the West line of the East hwf
Southeast quarter of the Northwest quarter of Section 26.Township 22 tic= RL':gc 5
East.W.M.;
r Thence Southerly along said West line and the West line of the East half of the
Northeast quarter of the Southwest quarter of said Section 26 to the South line of said
Northeast quarter:
Thence Easterly along said South line to the East line of said Southwest quarter of
Section 26;
Thence Southerly along said East line to its intersection with the centerline of the
j Bonneville Transmission Line Easement(Covington-Renton 1);
J Page I of 3
rWQ�1yrIY�Ifr.Ye Nwr►r Il.IY4�
Fg991012000149
'1W,COLm`W�NPO
LENT CITY OF nnSC Z�
EXHIBIT'A',continued
Thence Southeasterly along said centerline to the North margin of SE 272nd Street;
Thence Easterly along said North margin to the centerline of Sons Creek;
Thence Southerly along said centerline to the South line of the North half of the
Northwest quarter of the Northeast quarter of Section 35,Township 22 North, Range 5
East,W.M.;
Thence Westerly along said South line to the East line of Lot 1 of King County Short
Plat No. 883126,recorded under Recording No. 8405231102,records of King County,
Washington;
Thence Southerly along said East line to the North line of the South half of the South
half of said Northwest quarter of the Northeast quarter;
Thence Easterly along said North line to the centerline of Sons Creek;
Thence Southerly along said centerline to the Norhwest margin of Primary State
Highway No.2(S.R. 18);
Thence Southwesterly along said Northwest margin to the North margin of SE 288th
Street in the Southeast quarter of the Southeast quarter of Section 34. Township 22
North.Range 5 East, W.M.;
Thence Westerly along said North margin to the West margin of 132nd Avenue SE:
Thence Northerly along said West margin to the South line of the North half of the
North half of the Southeast quarter of Section 33, Township 22 North. Range 5 East,
W.M;
Thence Westerly along said South line to die Southeasterly margin of SE 282nd Way;
Thence Southwesterly and Westerly along said Southeasterly margin and the South
margin of SE 282nd Street to the West margin of 124th Avenue SE;
Thence Northerly along said West margin to the South line of the Northeast quarter of
the Northwest quarter of Section 33.Township 22 North, Range 5 East,W.M.;
Thence Easterly along said South line and the South line of the Northwest quarter of
the Northeast quarter of said Section 33 to a point 440 feet West of the Southeast
corner thereof;
Thence Northerly and parallel with the East line of said Northwest quarter of the
1 Northeast quarter to the South line of the North half of the North half of said
Northwest quarter of the Northeast quaver;
1
cwmaueu..rw.�e N....w a,r*v Page 2 of 3
199910120001411
r"',E 019 of 020
10,12.1999 09 40
KING COUNt Y' lM
so
111 OF rIM 2'
•
EXHIBIT'A*,continued
Thence Easterly along said South line of the North half of the North half of the
Northwest quarter of the Northeast quarter to the Southeast corner thereof;
Thence Northerly along the East lint of said Northwest quarter of the Northeast
quarter to the Northeast corner thereof;
Thence Westerly along the North line of said Section 33 to the East line of the Big 'K"
Addition No.2,according to the Plat thereof recorded in Volume 78 of Plats, Page 16,
records of King County,Washington;
Thence Northerly along said East line to the Northeasterly line thereof.
Thence Northwesterly along said Northeasterly line to the Northeast corner of the Big
'K' Addition,according to the Plat thereof recorded in Volume 67 of Plats, Page 66,
records of King County,Washington;
Thence continuing Northwesterly along the Northeasterly line of said big'K" Addition
and its Northwesterly extension to its intersection with the west margin of 124th
Avenue Southeast;
Thence Northerly along said West margin to its intersection with the South line of the
North 507 feet of the Northeast quarter of die Southwest quarter of Section 28,
Township 22 North,Range 5 East, W.M.:
Thence Westerly along said South line to the West line of the East 149 8 feet of said
Northeast quarter of the Southwest quarter:
Thence Northerly along said West line to the North line of said Southwest quarter of
Section 28:
Thence Westerly along said `forth line to its intersection with a line that is 495 feet
West of and parallel with the East line of the Northwest quarter of said Section 28:
Thence Northerly along said line that is 495 feet West of and parallel with said East
line of the:Northwest quarter and the Southwest and Northwest quarters of Section:'..
Township 22 North, Range 5 East, W.M. to its intersection with the South margin of
Southeast'.40th Street and the POINT OF BEGINNING of this description.
•
Page 3 of 3
19991012000148
PAGE 020 V 020
10 12 1 09 40
w ING C7.tt47}
};[N� CITE fF N15C 2-00