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HomeMy WebLinkAboutContract betweeen city of Renton and Coal Creek utility District.pdfCAG-19-182 AGREEMENT FOR INTERIM SEWER SERVICE BETWEEN COAL CREEK UTILITY DISTRICT AND CITY OF RENTON This Agreement ("Agreement") is made and entered into by and between Coal Creek Utility District, a Washington municipal corporation ("District"), and the City of Renton, a Washington municipal code city ("City"), (individually a "Party" and collectively the "Parties") for the purposes set forth herein. RECITALS Whereas, the District is authorized pursuant to RCW 57.08.005 (3) and (5) to provide public water and sanitary sewer service to real property located within and outside the District; and Whereas, the City is authorized to provide public water and sanitary sewer service to real property located within the City's water and sewer service areas; and Whereas, certain real property, as legally described on Exhibit A and depicted on Exhibit B attached hereto and incorporated herein by this reference (the "Property"), is being developed as a residential subdivision referred to as Christelle Ridge; and the Property is located within the City's water and sewer service areas; and Whereas, development of the Property will require extensions of the public water and sanitary sewer systems to make those utility services available to the Property; and Whereas, the City can provide water and sewer service to the Property by extension of its public water and sanitary sewer systems to the Property; however, it is not presently financially feasible to extend the City's sanitary sewer system to the Property; and Whereas, the District's sewer system is located adjacent to the Property, and the District is willing to provide sewer service to the Property on an interim basis, and the City will agree to allow the District to provide sanitary sewer service to the Property on an interim basis, on certain terms and conditions set forth in this Agreement; now, therefore, AGREEMENT In consideration of the terms and conditions set forth in this Agreement, the Parties agree as follows: A. The City agrees that the District may provide and District agrees to provide interim sanitary sewer service to the Property under the following terms and conditions: 1. The District's sanitary sewer system shall be extended to and through the Property by the owner of the Property pursuant to the District's developer extension process incorporating the District's standards and specifications for sewer extensions; 7. Following its execution by the Parties, this Agreement shall be recorded in the King County Recorder's Office or posted on the City's and the District's respective websites listed by subject matter. 8. The Parties represent and warrant that the individuals executing this Agreement on behalf of their respective party have the authority and are authorized to do so. COAL CREEK UTILITY DISTRICT CITY OF RENTON By: ; ,' 'r74. -By: f e2'-----,' giName: ir''f0 5 $.t// Name: Grm erman Its: General Mann / 1'? ager Its: Public Works Administrator Dated: ,I Z' Dated: 5// I Approved as to form: Shane Moloney,City Att rney provided the District shall provide the City the proposed sewer extension plans for the Property for the City's review and comment prior to final approval of such plans by the District. 2. The District shall provide sanitary sewer service to the Property on the same terms and conditions as it provides service to similar property within the District's boundaries and according to the District's resolutions, rules and regulations, and as such resolutions, rules and regulations may be amended and superseded. 3. Whenever the City, in its sole discretion, determines the City may provide permanent sanitary sewer service to the Property, the City shall provide written notice to the District and the then present owner(s) of the Property of its intent to provide sanitary sewer service to the Property and the effective date of such sewer service to the Property, and upon the effective date of such notice, title to and ownership of the sanitary sewer system located on and serving the Property will be transferred by the District to the City. Disconnection of the sewer system from the District's sewer system and connection to the City's sanitary sewer system shall be at the City's expense. Thereafter the sanitary sewer system located on the Property shall be maintained and operated by the City as part of its sanitary sewer system and the City shall provide sanitary sewer service to the Property in accordance with the City's ordinances, resolutions, rules and regulations, and as such ordinances, resolutions, rules and regulations may be amended and superseded. All fees and charges collected by the District for connection or sewer service,prior to such transfer,shall be retained by the District. 4. As a condition of service and prior to the connection of the Property to the District's sanitary sewer system, the owner(s) of the Property shall provide the District with an agreement with terms and conditions as required by the District for interim sewer service from the District to the Property. 5. This Agreement shall be effective on the date by which both Parties have executed this Agreement("Effective Date"). 6. Unless provided otherwise in this Agreement, notices provided pursuant to this Agreement shall be delivered to each Party as follows: To the District: Coal Creek Utility District Attn: General Manager 6801 132nd Place SE Newcastle,WA 98059 To the City: City of Renton Attn: David Christensen Wastewater Utility Engineering Manager 1055 South Grady Way Renton,WA 98057 Exhibit A LEGAL DESCRIPTION: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST,W.M., KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SUBDIVISION;THENCE SOUTH 88°23'35" EAST ALONG THE NORTH LINE OF THE SECTION 863.71 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 88°29'35" EAST 130.96 FEET TO THE SOUTHWESTERLY MARGIN OF COUNTY ROAD;THENCE SOUTH 47°50'49" EAST ALONG SAID MARGIN 424.84 FEET;THENCE SOUTH 01°40'08" WEST 164.42 FEET;THENCE NORTH 89°13'51" WEST 430.43 FEET; THENCE NORTH 01°47'48" EAST 128.90 FEET;THENCE NORTH 89°13'51 WEST 24.76 FEET; THENCE NORTH 01°48'21" EAST 318.12 FEET TO THE TRUE POINT OF BEGINNING; ALSO KNOWN AS LOT 3 OF LOT LINE ADJUSTMENT NO. LLA 010-90, RECORDED OCTOBER 16, 1990 UNDER RECORDING NO. 9010169012 AND REVISED BY INSTRUMENT RECORDED FEBRUARY 12, 1991 UNDER RECORDING NO. 902129004, IN KING COUNTY, WASHINGTON). EXHIBIT B NW COR SEC. 3-23-5 N 88'29'35" W (KCAS) 1317.81' (CAL) N 88'29'33" W (DEED) 1317.92' (DEED) NORTH LINE OF 3-23-5 LT...863.71' z ' 5"S E 130.96' F N. `"A, IIN s Iw In so, Ir9, t N F R? ir O Z CHRISTELLE RIDGE SITE PARCEL NO. 0323059096 GL a kfl N 8913'51" N W 24.76' oil-4 I• _N I5w z N 89'13'51" W 430.43' rt 1 1 I1 f l Ali6oi IAl e II 4 s.: 94:t' c 0 li. NE,27th r- 10 Homes Future)J i NE 26th eti C iii.:.- ___._ a, NE 25thPt t EZ NE25th° r°' 20 Homes Future)Ct 9- 9- s- o W o , mQ t I1 e Iett at I i NE'24ihS1 e t. co r V:1:: V µJ I 1 1 I t NE`23rd Gt i I ! I I . COAL CREEK UTILITY DISTRICT SERVICE AGREEMENT - CHRISTELLE RIDGE Proposed Service Line with Coal Creek UD 0 City Manholes Coal Creek Utility District,Cleanout ODevelopable Properties City Cleanout 0 Coal Creek Utility District, Manhole Or 4 Developer Property City Gravity Mains , Coal Creek Utility District, Lift Station ptit9 Renton City Limits Coal Creek Utility District Sewer Main Instrument Number:20190530000187 Document:AG Rec:$105.00 Page-1 of 7 Record Date:5/30/2019 10:32 AM King County,WA Coal Creek Utility District 6801 132nd PL SE Newcastle,WA 98059 WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04) Document Title(s) Agreement of Interim Sewer Service Reference Number(s)of Documents assigned or released: Number of Pages: 7 Grantor(s) City of Renton Grantee(s) Coal Creek Utility District Legal description POR OF NW 1/4 OF NW 1/4-BEGIN NW CORNER OF NW 1/4 OF NW 1/4 TH S 88-29-35 E 863.71 FT TO POB TH S 88-29-35 E 130.96 FT TO SWLY MGN OF CO ROAD TH S 47-50-49 E 424.84 FT TH S 01-40-08 W 164.42 FT TH N 89-13-51 W 430.43 FT TH N 01-47-48 E 128.90 FT TH N 89-13-51 W 24.76 FT TH N 01-48-21 E 318.12 FT TO POB- AKA LOT 3 OF REVISED CITY OF RENTON LOT LINE ADJ NO 010-90 RECORDING NO 9102129004 Assessor's Property Tax Parcel/Account Number UAssessors Tax#not yet 032305-9096 The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. I am signing below and Paying a additional$50 recording Fee(as provided in RCW 36.18.010 and referred to as an emergency nonstandard document),because this document does not meet margin and , formatting requirements. Futhermore,I herby understand that the recording process may cover up or otherwise obscure some part of the text of the original document as a result of this request." Signature of Requesting Party Note to submitter: Do not Sign above nor pay additional$50 fee If the document meets margin/formatting requirements Instrument Number:20190530000187 Document:AG Rec: $105.00 Page-2 of 7 Record Date:5/30/2019 10:32 AM King County,WA AGREEMENT FOR INTERIM SEWER SERVICE BETWEEN COAL CREEK UTILITY DISTRICT AND CITY OF RENTON This Agreement ("Agreement") is made and entered into by and between Coal Creek Utility District, a Washington municipal corporation ("District"), and the City of Renton, a Washington municipal code city ("City"), (individually a "Party" and collectively the "Parties") for the purposes set forth herein. RECITALS Whereas, the District is authorized pursuant to RCW 57.08.005 (3) and (5) to provide public water and sanitary sewer service to real property located within and outside the District; and Whereas, the City is authorized to provide public water and sanitary sewer service to real property located within the City's water and sewer service areas; and Whereas, certain real property, as legally described on Exhibit A and depicted on Exhibit B attached hereto and incorporated herein by this reference (the "Property"), is being developed as a residential subdivision referred to as Christelle Ridge; and the Property is located within the City's water and sewer service areas; and Whereas, development of the Property will require extensions of the public water and sanitary sewer systems to make those utility services available to the Property; and Whereas, the City can provide water and sewer service to the Property by extension of its public water and sanitary sewer systems to the Property; however, it is not presently financially feasible to extend the City's sanitary sewer system to the Property; and Whereas, the District's sewer system is located adjacent to the Property, and the District is willing to provide sewer service to the Property on an interim basis, and the City will agree to allow the District to provide sanitary sewer service to the Property on an interim basis,on certain terms and conditions set forth in this Agreement;now,therefore, AGREEMENT In consideration of the terms and conditions set forth in this Agreement,the Parties agree as follows: A. The City agrees that the District may provide and District agrees to provide interim sanitary sewer service to the Property under the following terms and conditions: 1. The District's sanitary sewer system shall be extended to and through the Property by the owner of the Property pursuant to the District's developer extension process incorporating the District's standards and specifications for sewer extensions; Instrument Number: 20190530000187 Document:AG Rec:$105.00 Page-3 of 7 Record Date:5/30/2019 10:32 AM King County,WA provided the District shall provide the City the proposed sewer extension plans for the Property for the City's review and comment prior to final approval of such plans by the District. 2. The District shall provide sanitary sewer service to the Property on the same terms and conditions as it provides service to similar property within the District's boundaries and according to the District's resolutions, rules and regulations, and as such resolutions,rules and regulations may be amended and superseded. 3. Whenever the City, in its sole discretion, determines the City may provide permanent sanitary sewer service to the Property, the City shall provide written notice to the District and the then present owner(s) of the Property of its intent to provide sanitary sewer service to the Property and the effective date of such sewer service to the Property, and upon the effective date of such notice, title to and ownership of the sanitary sewer system located on and serving the Property will be transferred by the District to the City. Disconnection of the sewer system from the District's sewer system and connection to the City's sanitary sewer system shall be at the City's expense. Thereafter the sanitary sewer system located on the Property shall be maintained and operated by the City as part of its sanitary sewer system and the City shall provide sanitary sewer service to the Property in accordance with the City's ordinances, resolutions, rules and regulations, and as such ordinances, resolutions, rules and regulations may be amended and superseded. All fees and charges collected by the District for connection or sewer service,prior to such transfer,shall be retained by the District. 4. As a condition of service and prior to the connection of the Property to the District's sanitary sewer system,the owner(s)of the Property shall provide the District with an agreement with terms and conditions as required by the District for interim sewer service from the District to the Property. 5. This Agreement shall be effective on the date by which both Parties have executed this Agreement("Effective Date"). 6. Unless provided otherwise in this Agreement, notices provided pursuant to this Agreement shall be delivered to each Party as follows: To the District: Coal Creek Utility District Attn: General Manager 6801 132' Place SE Newcastle,WA 98059 To the City: City of Renton Attn: David Christensen Wastewater Utility Engineering Manager 1055 South Grady Way Renton,WA 98057 Instrument Number:20190530000187 Document:AG Rec:$105.00 Page-4 of 7 Record Date:5/30/2019 10:32 AM King County,WA 7. Following its execution by the Parties, this Agreement shall be recorded in the King County Recorder's Office or posted on the City's and the District's respective websites listed by subject matter. 8. The Parties represent and warrant that the individuals executing this Agreement on behalf of their respective party have the authority and are authorized to do so. COAL CREEK UTILITY DISTRICT CITY OF RENTON By: v,4 By: Name: 'Wiattt/'f'O Z s $`/, Name: Gre immerman Its: General Manager Its: Public Works Administrator Dated: 5/2T tt Dated: Sl 1 111 Approved as to form: Shane Moloney,City Att ineS y Instrument Number: 20190530000187 Document:AG Rec:$105.00 Page-5 of 7 Record Date:5/30/2019 10:32 AM King County,WA Exhibit A LEGAL DESCRIPTION: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST,W.M., KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SUBDIVISION;THENCE SOUTH 88°23'35" EAST ALONG THE NORTH LINE OF THE SECTION 863.71 FEET TO THE TRUE POINT OF BEGINNING;THENCE CONTINUING SOUTH 88°29'35" EAST 130.96 FEET TO THE SOUTHWESTERLY MARGIN OF COUNTY ROAD;THENCE SOUTH 47°50'49" EAST ALONG SAID MARGIN 424.84 FEET;THENCE SOUTH 01°40'08"WEST 164.42 FEET;THENCE NORTH 89°13'51" WEST 430.43 FEET;THENCE NORTH 01°47'48"EAST 128.90 FEET;THENCE NORTH 89"13'51 WEST 24.76 FEET;THENCE NORTH 01°48'21" EAST 318.12.FEET TO THE TRUE POINT OF BEGINNING; ALSO KNOWN AS LOT 3 OF LOT LINE ADJUSTMENT NO. LLA 010-90, RECORDED OCTOBER 16, 1990 UNDER RECORDING NO. 9010169012 AND REVISED BY INSTRUMENT RECORDED FEBRUARY 12, 1991 UNDER RECORDING NO. 902129004, IN KING COUNTY,WASHINGTON). Instrument Number: 20190530000187 Document:AG Rec: $105.00 Page-6 of 7 Record Date:5/30/2019 10:32 AM King County,WA EXHIBIT B NW COR SEC. 3-23-5 N 68'29'35" W (KCAS) 1317.81' (CAL) N 88.29'33" W (DEED) 1317.92' (DEED) NORTH LINE OF 3-23-5 863.71' N S 88'29'35" E130.96' 9 4, IN I sue. F‘ N elf\ I Z CHRISTELLE RIDGE SITE OG t+I PARCEL NO. 0323059096 4 Li—N 8913'51" N y W 24.76' c 5; 8.1 I ••N I I a c Z W NLIIIIIIi0 =MD MEW MIIIMWM,A=M=. 1MM MOM ====IIIIMiMM MED illiM N 8913'51" W 430.43' Instrument Number: 20190530000187 Document:AG Rec: $105.00 Page-7 of 7 Record Date:5/30/2019 10:32 AM King County,WA kJ F CDm C3• ci V j 6.' 27th N\ , i. 44//\.. 41.,: t.... T--'a j \,, 10 Homes *;d,J•4 ,•,4,. Future) W In i -. . . -,..., E Q NE 26th.; e,..:- NE 25 PI eLCt t oZ __. f. El) 0m 1111 NE m 20 Homes 26th P1111 Cry Future) C ll: "...it„:. Q m IIii,, 8 111E'24thSf o 01N m 111 Co ?tea NE 23rd Ct r O. COAL CREEK UTILITY DISTRICT SERVICE AGREEMENT m CHRISTELLE RIDGE Mil- Proposed Service Line with Coal Creek UD 0 City Manholes 0 Coal Creek Utility District,Cleanout ODevelopable Properties O City Cleanout 0 Coal Creek Utility District,Manhole Developer Property City Gravity Mains ® Coal Creek Utility District,Lift Station psis Renton City Limits Coal Creek Utility District Sewer Main