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HomeMy WebLinkAboutWWP2701440 SAN-1 ANDY 'S DINER S- 1X rr _ SAO* SAN - 1 Andy's Dinner S-19,2j 7 ` , lam ' fi4 + x,k X h r ! x 2ddy+L t tl7 -. rs ~ j f 7 1 �JFWI`A wqs City of Tlakwila ° Z � 6200 South(-enter Boulevard a Tukwila. Washington, 98188 Finance Department .133-1835 January 4, 19S9 City of Renton Finance Department Attention: Utilities Billing Renton City Hall 200 Mill Ave. Renton, >,A 98055 ` ' RE: Sewer charges for Andy's Tukwila Station (Restaurant) .2 40 s lil. Llo—tf �. During a recent review of our utility accounts a question arose U concerning the sewer service for Andy's Tukwila Station. Our crews indicate that the restaurant is hooked into our sewer, main. However, we have been told the restaurant is being billed by your sewer department. Could you look into this matter? As this seems ra�he:' unusual I would like to know if there was some previous agreement. Sincerely yours, Pat Kimpton U`ility Accountant (433-1839) PK/dja cc: Ray Doll , Sewer Department 4 Form Completed on _R /9 ?7 City of Renton c� Utility Department Project Form 1 . War,. , Project # .S-,/2Z Date Protect No. given 2. Project Description and location C / j /7r�t�y S .IJ;N.�.E'.✓` T(/� u../4 J Tv11�M 3• Developer's Name �(yr�/1 L�tic/cyrW ,q 0 (If City check ) Address &(-10 /�,^.� 5e,di1e. LAJIt Phone # 2y '/�(C�O Fnyineer' s Name (_.Q, I5r -Lt16 m (If City check ) Address Phone # Contractor's Name � VII ("�,UhC/7crl (If City check ) Address Phone # 4. Is there an ACTIVE Late-Comers Agreement in the project area?," If so, give File Name �Q Taft v .'4 �-( j) F�k Recording Date And Number 5. The Utility Department Work Order Numbers on this project are as follows: s ram. 6. What plans have been submitted? Preliminary As-Built y ]. Has an Estimate been Prepared for Project J If so, give Date Prepared And Total Amount of Estimate 8. Is there to be a Late-romers Agreement on this project �ek I,k ,k If so, give dates for; Preliminary Submitted Recorded and Recorded Number 9• Date of "Start of Construction" Date of "Completion" � r 10. The required "PRESSURE TEST" has been taken by At a pressure of PSI , for minutes, on The test: Failed Passed Comments _ 11 . The required "PURITY TEST" has been taken by On Date of Reply Failed Passed Comments 12. Is there an Easement required? If so, give dates for: Preliminary Submitted Recorded And Recorded Number 13, This Project included 3 j LF of Ct S� In And Gate Valves Gate Valves Gate Valves aid Gate Valves, C o� And all miscellaneous accessories for a total value of S Also, Size _ Make type Fire Hydrants for a total value of S Ib. The transfer or "Rill of Sale" is in; Preliminary Submitted L1_ — ecorded ✓form.The recorded number 15. This project information was sent to the Utility Dept, for recording on and taken into "plant" on J(A ?1" 7 16. What drawings does the Water Shop have on File. Preliminary l'_,_As-Built i t � t " �.r % � 'l DEVELOPMENT CoppoRjA.TION Richard Vincent WO Central Building Seattle,Washington 98104 Telephone (2061 624-1900 January 31. 1977 File: Andy' s 'rukwila Station Mr . Robert Bergstrom Public Works Depart,nent Mu-iicipal Building 2Uo Mill Avenue South Renton, Washington 98055 Dear Mr. Bergstrom: In accurdance with your request. enclosed is a fully executed Bill of Sale for the water and sewer lines at :he restaurant . Sincerely, R. Vincent Project Manager ^LV:cr Enclosure �r f; BILL OF SALE KNOW AU MEN BY THESE PRESENTS: '['hat BNL DEVELOPMENT CORPORATION, a Delaware corporation, the party of the first part , for and in consideration of the sum of One and no/100 Dollars lawful money of the United States of America, to it in hand paid by The City of Renton , the party of the second part, the receipt whereof is hereby acknowledged, does by these presents grant, bargain, sell and deliver unto the said party of the second part, the following described personal property now located at West Valley Road and Strander Blvd. , Tukwila Station, W-428, 5-192 in the City of Renton, County of King and State of Washington, to-wit: Approximately 545 l .f. 8" C. l. water main, 4 8" Gate vdlves, 3 fire hydrants, meter vault and 443 l . f. of l 8" C.1. sanitary sewer main , 2 manholes and all other dip appurtenances pertaining to said water and sewer mains, expressly warranting said water and sewer mains against any expenses, costs, or liens hereto incurred thereon by, through, or under sellers herein. TO HAVE AND TO HOLD the same to the said party of the second part, its heirs, executors , administrators and assigns forever. And said party of the first part, for its heirs, executors, administrators, covenants a.�d agrees to and with the said party of the second part, its Axec .t r_. , administrators and assigns, that said party of the first part :s owner of the said property, goods and chattels and has good right and full authority to sell the same, and that it will warrant and defend the sale hereby made unto the said party of the second part, its executors, administrators and assigns , against all and every person or persons, whomsoever, lawfully claiming or to claim the same, IN WITNESS WHEREOF, t•`•e said party of the first part has hereunto set its hand and seal this 20th day of January 1977. BNL DEVELOPMEi4T CORPORATION By:__C� _ J i� ire dt —rna y' STATE. OF MINNESOTA ) County of Ramsey ) On this 20th day of January 1977, before me, the under- signed, a Notary Public in and for the State of Minnesota, duly commissioned and sworn personally appeared Robert P. Ortlin and Floyd A. Deming to me known to e the president and _ Assistg secretary , respectively, of BNL Development orb poratior., the corporation t ah t executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and dee,! of said corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hend ,and official seal hereto affixed the day and year in this certif to above written. Notary Public in and or tTe State of Minnesota, residing at St. Paul. EASEMENT THIS INSTRUMENT, made this 24th day of November, 1975, by and between BNL DEVELOPMENT CORPORATION, a Delaware corporation, he called "Grantor ," and the CITY OF RENTON, a Municipal Corporation of King County, Washington, hereinafter called "Grantee ." WITNESSETH: t That said Grantor, for and in consideration of the sum of One Dollar ($1 .00) pail by Grantee, and other valuable consideration, does by these presents, grant unto the said Grantee , its successors and assigns , an easement for public water and sewer utilities with necessary appurtenances under the surface of the following described property in King County, Washington, more particularly described as follows : EASEMENT 1 : The Easterly 15 .00 feet of Parcel A. EASEMENT 2 : The Southerly 15. 00 feet of the Northerly 42 .00 feet of Parcel A. EASEMENT 3: A strip of land 15 .00 ,feet in width lying 7. 50 feet on both sides of the following described center- line: Beginning at a point on the Northerly line of Parcel A distant thereon Nort 7013 '1 " '` ;," "" • from the Northeasterly coiner S-, ,l Par al A; tw-e-e from said POINT OF BEGINNING South O2IId6148" West 27 .06 feet; to the northerly line of Easement 2 above . EASEMENT 4 : The westerly 10 .00 feet of that portion of Parcel A lying southerly of Washington .State Highway Engineers Station 160 + 00 for S.R. 181 , and the westerly 20. 00 feet of said property lying northerly of said Station 160 * 00. PARCEL A. That portion of Government. Lots 2 and 11 and of Henry "deader Donation land Claim No . 46, ALL in Section 25, Township 23 North, Range 4 East of W.M. , described as follows: Commencing at the intersection of the centerline of West Valley Highway (State Road 181) with the centerline of Strander Boulevard extension, as shown on Sheets 4 and 5 of City of Tukwila drawing of Strander Boulevard Extension dated August, 1972 ; thence South 8051 ' 30" East along the centerline of West Valley Highway a distance of 194. 77 feet to the north line of the south 210 feet in width of said Government Lot 11 ; thence South 87047' 19" Fast along said north line 40. 76 feet to the POINT OF BEGINNING on the easterly margin of West Valley Highway; thence North 8051130" West along said easterly highway margin 808 .08 feet to the south line of the City of Seattle' s Bow Lake Pipe Line right of way ; thence South 87011112" East along said south right of way line 273 . 28 feet to the westerly line of a 100 foot right of way conveyed to Puget Sound Power 6 Light Company by deeds recorded under King County Auditor' s File Nos . 7629432 and 2644020 (former Puget Sound Electric Railway right of -• ) ; thence South 1011124" East along said westerly right of way line 791 .76 feet to the north line of the south 210 feet in width of said Government Lot 11 ; thence North 97047119" West along said north line 165. 55 feet to the POINT OF BEGINNING. EXCEPT, that portion lying south of a line parallel with and distant 5 feet north, measured at right angles, from the following described line: Y Beginning, at the point of intersection of the south line of the Henry Meader Donation Claim No. 46 and the center- line of State Highway 181 (West Valley Highway) ; thence North 8052129" West a distance of 48 .98 feet along said highway c •nterline ; thence South 85030126" Fast 41 . 14 feet to the easterly margin of said highway and the TRUE POINT OF BEGINNING; thence conti.nning South 8S030' 26" East 227. 79 feet more or less to the westerly margin of said Puget Sound Electric Railway right of way. SUBJECT to a perpetual utility easement to the State of Washington, recorded under King County Auditor' s File No . 652S398; ALSO, SUBJECT TO easements , reservations and • restrictions of record . Said heretofore mentioned Grantee, its successors or assigns, shall have the right , without prior notice or proceeding at law, at such times as may be necessary to enter upon said above described property for the purpose of constructing, maintaining, -repairing, altering or reconstructing said utility, or making any connections therewith, provided, that such construction, maintaining, repairing, altering or reconstruction of such utility shall be accomplished in such a manner that the private i,aprovemegts existing in the right of way shall not be disturbed or damaged, or in the event they are disturbed or damaged, they will be replaced in as good a condition as they were immediately before the property was entered upon by the Granter . The Grantor shall fully use a.id enjoy the aforedescrihed premises , including the right to retain the right to use the surface of said right of way if such use does not interfere with installation and maintenance of the utility lines . however, the Grantor shall not erect buildings or structures over, under or across the right of way during the existence of such utility. This easement, shall be a covenant running with the land and shall he binding on the Grantor his successors , heirs and assigns . Grantors covenant that they are the lawful owners of the above proper- ties and that they have a good and lawful right to execute this agree- ment. RNL DIVF.LOPMENT CORPORATION, a Delaware-�orporayion .By: ✓�. C „'�L� / l.. � By: --------- STATE OF MINNESOTA ) leal. >Racaatar� ss . COUNTY OF RAMSEY ) On this 24th day of No emb r 1975, before me , the undersigned, a_lutary Public—in and of r the State of Minnesota, duly commissioned and sworn personally appeared Robert P. Ortlin and F A Deming to me known to be the Are and i_— respectively, of BNL DCORAT� ION, t e corporati�-oneta1 that executed the foregoing instrument, and acknow- ledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year in this certificate above writtenr NMTARY C L in and � n n3tor the State of Minnesota , residing at St. Paul ti S I x b 1 E � !/. YN.0 NMO�N IMY Mw .. w.•. ..v.wa 1w J'N J l r VALLEY CIAa H %'v H + ' Unorl (ASEA'ENrb gVMWON ' ' CONSENT AGREEMENT Provided the applicant, the City of Renton (hereinafter RENTON) , shall, first have obtained and recorded the consent of the grantor in that particular instrument dated January 6, 4 1947 and recorded in King County records, A.F. 3652275, the City of Seattle (hereinafter SEATTLE) hereby consents to the installation, maintenance and operation of an 8 inch ductile iron sanitary sewer pipe across Seattle' s 30 foot wide Cedar River Pipeline 4 right of way easement in the NWo of Sec. 25, T23N, R4E, W.M. substantially as shown on drawing "University Mechanical Contractors, Inc. , Sewer Site Plan, Andy' s Diner" dated 4- 7-75 , all subject to the follow- ing conditions : 1. Sewer shall cross over the 60 inch water pipeline with a minimum clearance of ore foot, and shall cross the 12 inch watermain with a minimum clearance of one foot: 2. Such care shall be taken during the installation of said sewer that no damage shall be done to Seattle' s pipeline, watermain or appurtenances. 3. If Seattle shall incur any necessary expense by reason of the installation, maintenance operation or presence of said sewer, Renton will pay to Seattle the actual amount expended by Seattle upon presentation of property executed vouchers. CITY OF SEATTLE WATER DEPARTMENT Date by Superintendent o Water CITY OF RENT,ON Dat 1 '�� ,5 byy�� r�r��ditx i CONSENT AGREEMENT Provided the applicant, the City of Renton (hereinafter RENTON) , shall first have obtained and recorded the consent 4 of the grantor in that particular instrument dated January 6 , 1947 and recorded in King County records, A.F. 3652275, the City of Seattle (hereinafter SEATTLE) hereby consents to the installation, maintenance and operation of an 8 inch ductile iron sanitary sewer pipe across Seattle' s 30 foot wide Cedar River Pipeline 4 right of way easement in the NW; of Sec. 25, T23N, R4E, W.M. substantially as shown on drawing "University Mechanical Contractors, Inc. , Sewer Site Plan, Andy' s Diner" dated 4-7-75, all subject to the follow- ing conditions: 1. Sewer shall cross over the 60 inch water pipeline with a minimum clearance of one foot, and shall cross the 12 inch watermain with a minimum clearance of or. foot. 2. Such care shall be taken during the installation of said sewer that no damage shall be done to Seattle ' s pipeline, watermain or appurtenances. 3. If Seattle shall incur any necessary expense by reason of the installation, maintenance operation or presence of said sewer, Renton will pay to Seattle the actual amount expended by Seattle upon presentation of property executed vouchers. CITY OF SEATTLE WATER DEPARTMENT Date by Superintendent o Water CITY OF REN`;ON Date C���' !n S by, Zj�l,� +• Y.!tic / v 1 Ii 1 1 0 3 0 " 25' aJj ,1 2 _16 - 15 - . e'hi 4 '.h_.Y] G.'�::21 tf. _h,T r..ww+,w. ea..ra< ie�� EClwda:! fYM'+Bi �i8! IY�siicl IYJ•:aW YZA.lIff l:.ti.•ri i1 T T.P. — T.P. i C`4 T.P. _ • E'LY SICc RAILROAD I I lJf-IDER X�NG F-►- � � (y L -1 aP � c I W W E- ({fir- i Ypp p a� � w �, H _ 4 . WATER VALVE VAULT O O 0 25 � I �. —_---' --� � ■ I � xl ll� ISSUED FOR Y y xI CONSTRUCTIOP OCT 2 9 1974 qq APPROVED BY CITY OF TUKWILA : ;�P�I ��i PUBLIC WORKS DIRECTOR •.�;�. ���-��..�` 3 ti �. - D A T E ?.) TrIT ito02 �tcoo3�o i I ��kAl E�� s1i0NAL tN" 5 3 039 0 4 3-74I i RELOCATED INTERCEPTOR <11 TUKWILA DOWNS - L. i. D. N0. 19 s i�i si i� i �L"7�.�L���Ia.■ MMW '---- nr�.T y � asu • eiA�rim rfimm r..-�. �s�s�slzfs�s�_ mmm mm m ► q { Jx 4 0 W I IvtE79 Q.l 25' , aJ 2 _16 - 15 I• M.N. - 3 — '` — - -- - - - -- - - - - — - ..�. - r 111 T.P. -- — T.P. to (� — T.P. _ � 9• � USGtG5DATUMt« • UP C. 3 0' PP. F7 Z ' • E'LY SIoF_ I .1 — CDTTLE S CZAIL20AD I uw:)eP_ XiNG F" u L � �ww P.P. d Q PP Lw.v W W W M.N. ~ p — �I IZIII i vvATGP- VALVE VAVLT 000 F- ISSUED FOR s CONSTRUCTION OCT291974 ; APPROVED BY CITY OF TUKWILA : J, / �oa.rco FENce e�Fp�Eo : ,.,•�"s � e.. � t PUBLIC WORKS DIRECTOR r l i DATE z-) -7-2- x,y C+ 1-�•� kt(a0'�8 ,r,o24 �4V777777� !11 I 1 EHC�V s>oNA �" 530384 3-74 ( I RELOCATED INTERCEPTOR <1 ) TUKWlLa DOWNS - L. !. D. N0. 19 — i� �w��w�iww MISSION� � i— ii� -7ii ��-Ia\==��� u� MINION i1011 mvivo—Ti Solidi��� �iii� Ii� �i�G� ■ 11101111 Allow 11 ■ {� i■ i �- . i 1 ■ \�i �� ■ ,.m= Nl01N11<ars�n� �I�r1�-�_ �w I�_7.�`� 1,4���I�r��T'LT-itfT'SS�". 1)T.�wll�� — w//— iI N S�i /�— A■ -- F �w��irLi—� i iiil _�,�—�i_��� �I1 VI/ININi-ifiL��, ��t•�/Iiii� �r�w��riiww�:�►-�� ii��i�� i i i ji ORIONr�--- =C on 9 • i 3_r j r 4 � N 111 7q CL S � -- �;; _5- f `' ♦ Pet¢@ Ilff�ef _ _� _ - - _ __..__ --I _._ . - -_ ___ vo e i ri VSHpMlG�YO. r f ZJ cc 1— — i i f c I e a5c, - k 9 ' 24 41 1 /G 1 1 i I _ or F.—rei,s.. r c � 30 j ' .• a � � may.~ - !F i3 . e «n Z '. -.a%Yi -r__ 'J.Oi.uur Y�+"�� ... .. ..� .� _...._�_.. _ ._—. ._.. ..w. ie♦ lM4�sj�'ic nt7c G1 I X4�rowc. ` { uD -TT' liJL�, !l�St t^/�GGL�`f t�Ilr✓6� nnquEtocaar"� z FcuSaW/6, �� t %�h�-,f pr�rr/c� .modn7sror �, �✓ � (j +: 2ou�.�n>!As ;4/o-t _ nar♦o _, i ;�.1 _!//"✓f Lvl:l/OUT `t Ll/'i Tf /IJ� 1' S lolit in '�{n •.ty en M p o, , ' , ,. j - �' � �♦19 s� � z/J � Z ' —�5 1 V - . . . f _ ♦ ;'ecC N r" n 3 j � N5G♦± � e V 2�r mt o{.Set �t33 ; c�..n•cea i. ; 1 RR ti, a- TT LN _g;7 rl-r�l /Sto� LINE 11N7EP o.9fPa�% �i uTEr it I LE}f�,iN��<.� rousT) \ � I ro+cr QND nI Di NgP- 0 LUNDF(i !.aNST� t p• `-+ � to (I�� f .. � t�' i 1 5'r.� O '• A Se#Zln9 s'� — ��" ccN ,/, 11 ur v �r>>ilWra °".41 L , y day - 1f,1.rytW- Ila I' pl� afl j nL�J SNP �Lly�rd��OT" ry t 3 Lu'f �0117 ad:Y � I N � '� Il At x.Ftb"1+� T f� to ! {- i bYrrps - _ �,-°l b g �U�l✓±X 9rO7J ' _ .- M ay1M HSnY� +!!ty -1YL Uh -,IT P+9S Ny ... Wid _ 1sla� tlr+d oYtSy113 �I i tit - F y v. _ ..Yry��:w�YT.MialP;Y.CY.a 1. -Yk • -� •-a..�.'. . t 4 PUGET SOUND POWER, & LIGHT COMPANY PUGET POWER BUILDING (201 ' 454 6363 BELLEVUE, WASHINGTON 98009 April 24, 1975 Mr. Ron Olsen City of Renton Department of Public Works City Hall Renton, Washington 98055 Re: We t Valley Highway - Andy's Diner Dear Mr. Olsen: This letter is written at the request of Mr. Richard Vincent, Project Manager, BNL Development Corporation, to assure the City of Renton of Puget Power' s intent to provide the crossing rights on our right of way for accommodation of the sanitary sewer line which will serve the new Andy' s Diner on the West Valley Highway. It is our understanding that the sewer line and the rights therefor will be dedicated to the City by BNL after completion of the sewer project. It is anticipated that the documentation, delivery and acceptance of such rights may not be concluded in the immediate future. We have been informed that delays in construction of the sewer are responsible for additional daily costs presently being incurred by BNL. Therefore, Puget Power will provide the BNL a right of entry permitting installation of the sewer to commence on our right of way. Do umentation and delivery of said right of entry is dependent upon receipt: by Puget of a legal description and certain other data and papers from BNL. Very truly yours, Leslie A. Donner Manager, Real Estate Division LAD/KM:br Cc: Mr. R. Vincent, BNL Mr. J. Richardson Mr. P. L. Copps : I INTER-OFFICE MEMO TO: Public Works Department DATE 8-8-75 FROM: Delores A. Mead, City Clerk CONTRACTOR: CITY OF TUKWILA RE: CAG 048-75 LID #19 -- interceptor We transmit herewith two fully executed contract documents as above-captioned. The original contract is on file in the official records of the clerk' s office, please forward copy to the contractor and retain second copy for your office records . Thank you, attachments (2) August 8, 1975 Mr. Steven H. Hall , P.E. Public Works Director 6230 Southcenter Blvd. Tukwila, WA 98067 Subject : Agreement - City of Tukwila/City of Renton Andy's Diner Sewer Service ` Deer Steve• Enclosed please find fully executed copy of above referenced document. Also enclosed find a check In the amount of $1 ,440. 12. This amount was computed on 80,266 sq. ft. x .017941856. This is for reimbursement due to the exirting latecomer agreement. If you have any questions, please contact this office. Very truly yours, Richard C.Houghton Utilities Engineer RCH:pmp Enclosures (2) / x CITY OF TUKVAV � LA WASHINGTO RESOLUTION NO- RESOLUTION AUTHORIZING MAYOR FRANK TODD TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY OF TUKWILA WITH THE CITY OF RENTON ALLOWING A PORTION OF THE CITY OF RENTON TO MAKE USE A OF L.I.D. SEWER FACILITIES. THE CITY COUNCIL nF THE CITY OF TUKWILA RESOLVE AS FOLLOWS: That Frank Todd, Mayor, be and he is hereby authorized to execute on behalf of the City of Tukwila an agreement with the City of Renton authorizing a portion of the City of Renton to make use of sewer facilities in Local Improvement District No. 19 . That a copy of said agreement is attached hereto and incorpc,rated herein by reference. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,/ And approved by the Mayor at a regular meeting thereof 4 /7 this day of l �,�, 1975. C l � or Mayor Attest: / City erk k A G R E E M E N T THIS AGREEMENT, made and entered into this _ day of 1975 by and between the CITY OF TUKWILA, a municipal LO ration of the State of Washington, hereafter called "TUKWILA". and 4 the CITY OF RENTON, hereinafter called "RENTON". WITNESSETH: THAT WHEREAS, Tukwila and Renton situated contiguously in King County, State of Washington, and WHEREAS, Tukwila has constructed an interceptor sewer line (Local Improvement District #19, hereinafter called "LID 19) extending from the present sewer system operated by Tukwila within its boundaries, and running through certain portions of Renton to collection truck sewer lines constructed by the Municipality of Metropolitan Seattle, and WHEREAS, certain areas hereinafter described situated within the boundaries of Penton may also be served by use of said interceptor line. thereby 6 ,minating the necessity of Renton constructing such trunk facilities, and WHEREAS, Tukwila is willing and has constructed and paid for the costs of said line and Renton is willing and desirous to reimburse Tukwila for an agreed upon portion of said construction costs, according to the terms End onditions hereinafter set forth. NOW, THEREFORE, it is hereby mutually covenanted and agreed by and between the parties hereto, as follows: 1 . That the entire construction cost of said interceptor line (LID 19) , according to the engineering plans therefor, herr More prepared by Tukwila and approved by Renton have been paid by Tukwila 2. That said line has been constructed through and across certain areas within the City of Renton, King County, Washington, described as follows: "See Exhibit A" (LID 19) Renton shall grant to Tukwila a permit for the construction, operation and maintenance of said line. 3. That said line shall be used, operated and maintained by Tukwila for service of their present and future customers for transferring sewage collected by lakwila and by Renton within their respective territories for delivery to the Metro trurk line and no payment or service charge therefore shall be required by either of these parties one to the other for the privilege of such use otner than as hereinafter set forth herein for reimbursement of construction costs, maintenance and repairs. 4. That Renton shall have the right to authorize connections to said line by property owners of property situated within the boundaries of Renton, King County, Washington, subject to approval by Tukwila and described as follows: b rf 1 F AGREEMENT Page 2 "See Exhibit B" under such terms and conditions as Renton may establish for making such connections. 5. No person, firm or corporation shall be granted a permit, or be authorized to tap into, hook onto, or use said sewer interceptor line, as hereinabove described, without first paying unto Renton, in addition to any and all other costs and charges made or assessed for such hookup, tap, or use, an amount of not less than $0.017941856 (Interceptor charge) a per square foot of area included in any such properties for which connections are allowed by Renton. In addition, Tukwila will issue permits and require payment of a "Regular Connection Charge" for all connections to the interceptor line within the Corporate Limits of the City of Tukwila in accordance with Tukwila Municipal Code, Sections 1a.12.050 through 14.12.070, 14.12.170 through 14.12.200 and 14.16.070 which are herein incorporated in this Agreement as: "Exhibit C" All amounts received by Renton shall be paid out by it unto Tukwila under the terms of this Agreement within sixty (60) days after receipt thereof. Furthermore, in case any tap, hookup, or connection is riade into any such interceptor sewer, without such payment first having been made as hereinabove set forth, the City Council of the City of Renton may remove or cause to be removed, such unauthorized tap, hookup, or connection, and all connecting tile or pipe located in the facility right-of-way, and dispose of unauthorized materials so removed, without any liability whatso- ever to any party. It is expressly understood that the aforesaid minimum charge per square foot, (based on the provisions of R.C.W. 35.92.025) , shall not prevent Renton from adding or imposing such other reasonable charge for collection and bookkeeping services, including taxes, if any, that may reasonably be incurred by Renton, in providing for the collection service herein undertaken for and on behalf of Tukwila; it being stipulated that the aforesaid per squire foot rate is solely a method of measurement of the amounts due and owing to Tukwila for properties allowed to connect and use of said interceptor line facility. 6. That as between these parties, it is stipulated that the proportionate share of costs of said interceptor line is as herein specified and that it is Tukwila's intent to be reimbursed by the abutting property owners for such costs. It is expressly agreed and covenanted by and between the parties that Renton does in no way warrant payment of any such sum, or sums, during the life of this Agreement, and that Reaton's obligation hereunder shall be limited solely and exclusively to the collection of charges, as above stated, AGREEMENT Page 3 9 from property owners who wish to hook up and co:.nect to said interceptor sewer trunk line. No interest shall be charged Tukwila upon such sum, or any other sum, by Tukwila, and Renton'- agency for collection purposes on behalf of Tukwila shall not impose in any way any liability or other costs upon d Renton, and Tukwila hereby agrees to hold Renton harmless from any liability t relating to the costs of installation, or Tukwila bonded indebtedness in connection therewith. 7. That maintenance costs, repairs and operation necessarily incurred for said interceptor line within the boundaries of Renton shall be borne by Tukwila. Damage to said interceptor line which may be caused by the negligence of either of these parties, their agents or assigns, shall be repaired by the responsible party. R. Any hookup, tap, or connection to said interceptor line covered by the articles of this Agreement shall remain in and be operated by Renton at its sole expense, and Renton hereby agrees to hold Tukwila harmless from any liability relating to the costs of installation, or Renton bonded indebt- edness in connection therewith 9. If such hookups, taps or connections to said interceptor line, as herein described, discharge materials which cause blockage or damage to said interceptor line, Renton shall reimburse Tukwila for all costs incurr�l q in correcting such blockage or damage, provided Renton has the right to inspect. 10. That ownership of said lice shall remain in Tukwila until the ' ex iration of a eriod of i2 p' years from date hereof. Thereafter, Renton shall be under no further obligation to collect or remit any other or further sums to Tukwila as reimbursement for construction costs and owner- ship of said line shall be vested in Tukwila with full and complete right of use thereof allowed to each party and with expenses of maintenance thereof continued upon the same basis as hereinabove set forth. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year first above written. CITY OF TUKWILA iAI, I . ayor t:o-'ten. ATTEST: --- CITY OF RENTON 1 or �d ATTEST: City Cler , e, 4� a :2 Rl �_ n � X T 3 a MET,2o M.t xo • � �^.':r! fr :e..eY u: ' J 1M..4 t :.:,-::..tU Y1w(.vY•.:J' f11•I<da& i+9.% .•. L':'81+id G�XRy YttrotiY3 tl4Jit`ry nh.:4-aa lu¢<�-off tYaS_«s+ r>�•" -^ I = 4 1 — I—y- I—r—r T.P. I 9. L� 5G CaS DATUM: II I r- 7 • E'LY bluii I$$q� I UtiIDEREXtt�Sv } 1 I RAIiRO;■ L J WW W Q P.P. ■ n W SIP' P. ■ MCI I ?P. W.V ■ W W III p K--'CTSR VALVr= VAULT 000 __. ! ■ 1CITY OF TUKWILA DEPARTME'Y' OF PUBLIC WORKS r I _ — a_'.a, = ■ Y P.P. I ■ - II I� i � I II s ■ o � SEWAGE DISPOSAL AGREEMENT _ ■ TUKWILA / RENTON ` I, II • I o ■ o EXHIBIT "A' OrHE ■ APPROVED BY CITY OF TUKWILA : PUBLIC WORKS DIRECTOR •,r—�- — �oa.R�- F—u E 3 ■ ti� ,��• '� �� g � �° � / � DATE =2 Sir-; ' -) -7-z �T/� I f la, a�24 o DIY Tto I L L■ I �'NAL E�"=� 530384 s r , ❑ I 1❑ P t16\:gnu I 1\ '•i•rrn,a ci,,T m ❑ as.c li '11 11 •1 r.r ¢ ,I I� •1 i sneu: W {'1 [Zl I(WPL4 �- CO3PORATE_.__I _ -vH' ~cErici. RI It I LM 11 It �I 11 11 , I I I` wr�c II II II I 1 I NGIAGIEh PARK COG0. III • i I ._. w I I I� 1 ^t 9C II OC 1{ i 4.9 SOJrN Li I --OF_nfl_�R.'M_''AOf !\N _ •1,_-�r•�' f(- - -- � CITY OF SEA riLE { TA 6-MA ES f. R- N i Gov't Lot 2 8.15 Aces (f� ;-- -- „_- _ `z W \`\ 1, 'AA`,111N I 4 � II 11 d. P.5P &L`, , ' 6Ac . a rC IF v I IT ST) — — re TR. �5 ar j l COR 7a i T +1 II •.i ,I I ril J Cq I CITY OF TUKWILA DEPARTMENT OF PUDLIC WORK SEWAGE DISPOSAL AGREEMENT TUKWILA / RENTON EXHIBIT "B" i 14 .1E 50--14.16.070 C14 .16 .060 City-metro agreement charges. In addition to those charges set forth in Section 14 .16.030 there shall b4 charged each month those charges as set forth and de- fined in Section 5 ,f the Tukwila-Metro agreement as adopted by Ordinance 461. (Ord. 462, 1960: O:cd. 341 §11, 1961) . 14.16 .065 cit -met r ro ate increase. The city-metro charges as prove a or in Section14 . 16.060 and as re- quired by the Agreement for Sewage Disposal between the municipality of metropolitan Seattle and the city of Tuk- wila is set at the sum of three dollars and forty-four cents per residential customer and per residential customer equivalents. �r The terms "residential customer" and "residential cus- tomer equivalents" are as defined in "The lgreement for Sewage Disposal" between the city of Tukwila and the muni- cipality of metropolitan Seattle, dated October 1, 1966, which is incorporated herein by reference. This rate increase is subject to the terms and condi- tions of "The Agreement for Sewage Disposal . " This rate increase shaLl be effective Januar;r 1, (Ord. 656 §g1--4 , 1970) . 1971. C 14.16.070 Regular connection charge. In addition to the permit fees required by Chapter 14 .12 the property owner seWJing connection to the sewerage system of the city, in order that such property owner shall bear his equitable share of the cost of the city's entire sewer system, shall T' , prior to connectio,: to a city sewer, a regular connec- i _on charge in accordance with the following schedule: The fee For each single dwelling house shall be seventy-five dollars. The fee for multiple dwelling structures such as duplex houses , bungalow courts, apartment buildings, trailer and auto courts or motels 0.7 similar structures , shall be one h idred fifty dollars for the first dwelling unit and five a.,llars for each additional dwelling unit. The fee for any hotel, office building, store, church, school, college, u;iiversity, commercial, hospital or industrial structure shall be computed by the city en- gineer at the rate of one-half cent per square foot of floor space of said building or structure, for the first one hundred thousand square feet; and one-fourth cent per square foot for any remaining area in excess of one hundred $ 198 (Tukwila 6/15/7.1) i ' I 14.16. 2--14 .16 .07, t Cthousand square feet, to a maximum fee limit of onc.• thou- sand five hundred dollars . The minimum fee for connecting any such building or structure to a public sewer shall be one hundred fifty dollars. (Ord. 667 §1, 19711 . 14.16 .072 Special connection charge--Payment. In addition to the regular connection c ah rge there is hereby imposed upon properties which have not been assessed or charged or borne an equitable share of the cost of the city sewerage system, a special connection charge which shall be paid prior to connection to the ci'.y sewer in an amount to be computed under Section 14 .16.0';4. The special connection charge shall be paid in cash or on an installment contract with interest at seven percent per year computed annually or on unpaid balances. Such contract shall provide for a down payment of five percent of the total connection charge, payable upon execution of such contract and for payment of the balance in forty quarterly installments payable on each January lst, April 1st, July 1st, and October lst. Such installment contracts shall provide that any unpaid balance may be paid in full in any year of the time the first quarterly payment of such year is due and payable, shall describe the property served by the sewer, shall be acknowledged by the property C owner and shall be recorded by the city clerk in the office of the county auditor at the expense of the property owner. Delinquent payments under such installment contract shall be a lien upon the described properties: provided in RCW 35.67.200, and enforceable in accordance with RCW 35.67.220 through 35.67.280 ; and as an additional and concurrent method of enforcing a lien, the water services to such property may be cut off in accordance with RCW 35.67.290 until the delinquent installments are paid. Upon full payment of the contract, the city clerk on behalf of the city of Tukwila, shall execute and deliver the property owner a release of such lien. (Ord. 667 §2, 1971) . 14 .16 .074 Special connection char e--Computation. The special connection charge imposed by Secti- n 14 ' 16 .072 shall be paid to the water and sewer fund and shall be computed as follows: For Lateral Sewers: The number of units of property furnished to be served by the sewer determined in the man- ner prescribed in RCW 35.44 .030 and 35.44.040 for determining "assessable units of frontage, " shall be multiplied by the average five year local improvement assessment per unit of frontage for lateral sewers in the city of Seattle for the five year period in which the property is to be connected / was constructed and accepted as completed as follows: 199 (Tukwila 6/15/71) ?v 4,.7.2.0 40--14.12.060 Of the city supervisor and sl:-ill br, t to all sanitary sewage and waste fluids i any fkind nfrom saidybuild- ings into said San`-tary sewage sy., ,, and each toilet, sink, stationary wash si..nd, or any othe piece or type of equip- ment Having waste fluids, shall be --onnected with said sani- tary sewage system; Provided, that where such building or structure has not been completed i . ::ore the publication of such notice, connections shall be wade on or before the com- 10 pletion of such building or structure and before any use or occupancy thereof. (Ord. 342 §1- , 961) . 14.12.040 Penalty for late -:onnection--Payment. If any connection shall not be made within the time herein provided, the city supervisor or such other employee of the city as the mayor or city council designate is hereby authorized and directed to cause the same to be made, and to file a state- ment of the costs thereof with the city clerk and thereupon a warrant shall be issued under the direction of the city council against the water and sewer fund for the payment of such cost. Such amount, together with a penalty of ten per- cent thereof, plus interest at the rate of eight percent per annum upon the total amount of such costs and penalty, shall be assessed against the property upon which the said building or structure is situated and shall become a lien thereon as hereinafter provided as in the case of delinquent sanitary r sewer service charges. The total amount when -illected shall be paid into the water and sewer fund. In the alternative, if any such connection shall not be made within the time here-- inabove provided, the city supervisor or such other employee of the city as designate, shall certify e mayor d certify tothetcityuclerkncil mthatethenconnection has not been made and the city council shall cause an actior to be instituted in the Superior Court of the state of Wash- ington for King County against the owner or owners of the property upon which the building or structure requiring said person to forthwith cause the connection to be made. Nothing in this chapter contained shall be construed to relieve the property owner from paying monthly sanitary sewage service charges as herein established pending the making of the con- nection. (Ord. 342 §2, 1961) . 14.12.050 Permit required. It i.:-, unlawful for any per- son to make any opening in any public sanitary sewer or to connect any private drain or sewer therewith, or to lay, re- pair, alter or connect any private drain, or sanitary sewer in a public street, avenue, alley or other public place, un- less such person has first obtained a permit to do so from the city supervisor. (Ord. 342 §3, 1961) . 14.12.06C Sanitary side sewer installation permit re quired. It i:, unlawful for any person to connect any private 186 � r S � 14. .070--14. 12.080 sanitary sewer system to the public sanitary sewer system without complying with all the provisions of this chapter in relation thereto and having a permit so to do from the City supervisor. (Ord. 342 S4, 1961) . r 14.12.070 Obtainin permit to install sanitar ;ide sewer. In order to o taro a permit provided or xn Section R 12.060, the owner shall file an application therefor with the city supervisor stating the name of the owner or occupant of the premises to be connected, giving lot, block and addi- tion, or other legal description, the number of buildings on the premises, and the purposes for which they are, or are to be used, together with plans and specifications showing the whole course of the drain from the public sanitary sewer to its connection with the building or premises and all branches, traps and fixtures to be connected therewith, which plans and specifications shall be submitted to the city supervisor for approval, and he may change or modify the same and designate the manner in which ':he connecting sanitary sewers shall be connected -vith the building, Lhe place where such connections with the public sanitary sewer shall be made, and specify the material, size and grade of the connecting sanitary sewer, and shall endorse his approval on such plans and specifica- tions as originally prepared or as modified and changed. The owner shall further provide an expzessed written consent to the city supervisor to enter upon such premises for the -- purposes of inspection as hereinafter provided. Upon approval of the plans and specifications, the city supervisor shall issue a permit to the owner to 'construcL that portion of sanitary side sewer within owners property, and shall also issue a work order to the street depar':ment to install sani- tary side sewer from sanitary sewer mail: to property line, and it is unlawful for any person to alter the approved plans and specifications or to do any other work than is provided for in the :,ermit, or to repair, extend, remove or connect to any private sanitary sewer without first obtaining a per- mit as provided in this chapter. (Ord. =578 (part) , 1969: Ord. 342 §5, 1961) , 14.12_ 080 Issuance of temporary permit. 7n the dis- cretion of the city supervisor, a temporary hermit may be issued permitting connection to a public sanitary sewer, sanitary sewer outfall, sanitary side sewer. The temporary permit shall be revocable upon sixty days' notice posted on the premises directed to the owner or occupant of the premise,, and in the event that the private sanitary sewers are not dis- connected at the expiration of the notice, the city supervisor may disconnect the same and collect the cost of the discon- nection from the owner or occupant of the premises by suit in any court of competent jurisdiction. Any such temporary i permit shall be granted only on the conditions that the 187 fd 14. 1. _50--3.4.12. 170 4 Csanitary sewer connections, and in the event that such per- son has no permit for making such connections, it shall be the duty of such officer to immediately report the fact to the city supervisor. (Ord. 342 §12, 1961) . 14.12.150 Description of sanitary side sewers. All sanitary side sewers shall be 3.aid on not less than two per- cent grade, nor more than two vertical to one foot horizontal; shall not be less than thirty inches fl'om any building, shall have not less than twelve inches of cover inside the prop- erty line and shall be not less than six inches in diameter from the main sanitary sewer to the property line. No storm drains, such as roof, patio or yard drains shall he connected directly or indirectly to the sanitary sewers. Not more than one house shall be connected with a lateral sanitary sewer: except where such connection is made inside the property line and the owner or owners of such property shall make and file in the office of the city clerk an easement for such purposes; except also, where connection is to an existing sanitary side sewer within a public street and written pen,.ission from the owner or owners of the premix s served by such sanitary -ide sewer has been filed with the city supervisor. In the event that physical or other conditions render the enforcement of the above provisions impracticable, the city supervisor may issue a special permit for the installation of a lateral or private sanitary sewer requiring compliance only with the above conditions, as far as practicable; but such special permit shall be issued only upon the condition that the per- mittee will save the city harmless from any damages by reason of such installation. (Ord. 342 §13, 1961) . 14.12.160 Materials and workmanship. New sanitary side sewers shall be constructed of asbestos cement, concrete or clay tile pipe with rubber joints applicable to the particular pipe used. In general, materials and workmanship required shall be as required by the city supervisor and/or as re- quired by the standard plans and specifications as may be established, modified or changed by the city supervisor. (Ord. 342 514, 1961) . 14.12.170 Call for inso ection. Any person performing work under permit pursuant e provisions of this chapter shall notify the city supervisor when the work will be ready for inspection, and shall specify in such notice the location of the premises. if the inspector finds the work or material used is not in accordance with the provisions of this chapter, he shall notify the person doing the work and also the owner of the premises by posting a written notice upon the premises, and such posted notice shall be all the notice that is re- quired to be given of the defects in the work or material 189 ''A �y ti A r 14. 1 . 30--14. 12. 210 4 Cfound in such inspection, and a copy of such notice shall be kept on file in the office of the city supervisor. (Ord. 342 §15, 1961) . 14.12.180 Inspection before trenches filled. No trench shall be filled or any connecting sanitary sewer covered, un- til the work from the point where the same connects with the public sanitary sewer or other outlet to the point where it connects with the iron p'.pe or other plumbing of the building or premises to be connected, shall have been inspected and approved by or under the directions of the city supervisor and until the same shall have been made in all respects to conform to the provisions of this chapter. (Ord. 342 §16, 1961) . 14.12.190 inspector's right of entry. For the purpose of examineng anN', or all private sanitary sewers or drains and of ascertaining whether the provisions of this chapter are being complied with, the city supervisor or his duly au- thorized representatives or agents, shall, upon the issuance of a search warrant or in any emergency or when consent has been given, at all reas4-nable times have the right to enter and inspect such buildings, and it is unlawful for any per- son to prevent, or attempt to prevent any entrance or in- spection, or to obstruct or interfere with any such officer while engaged in such an inspection. (Ord. 578 (part) , 1969 : Ord. 342 §17, 19611 . 14.12.200 Inspection fee. The charge for the first inspection shall be twenty dollars. For each inspection after the first, a charge of two dollars shall be made, which shall be paid by the person doing the work. No per- mit shall be issued to any person who is delinquent in the payment of any such charge. All such fees shall be paid to the city treasurer who shall issue receipts therefor, and such receipt must be filed with the city supervisor before any permits are issued to the person owing such fees. (Ord. 342 §18, 1961) . 14.12 .210 Improper work--Completion by city. If any work done in pursuance of a permit granted, as prescribed in this chapter, is not constructed and completed in accordance with the provisions of this chapter and the plans and specifi- cations as approved by the city supervisor, and if the con- tractor or person doing the work refuses to properly construct and complete the work, notice of the failure or refusal shall be given to the owner of the property, for whom the work is being do:-e, as provided in this chapter, and the city super- visor shall cause the work to be completed and the sewer con- nected in the proper manner, and the full cost of the work r and any materials necessary therefor shall be charged and 190 0� ti PURL. : WG.�KS DEPARTMENT S23O Southcenter Boulevard P Tukwila, Wash ton 98067 +aoe ' telephone C =N ) 242 — 2'177 Duly 30, 1975 13 City Penton 200 Mill l Ave. So. m Renton, '4,'ashington 9805 ._ YAttention: Mr. Richard C. Houghton Utilities Engineer Q Re: Agreement - City of Tukwila/City c` Renton a Andy' s Di .er Sewer Service W Dear Dick: Enclosed are three copies with the two changes ',nitialed by W Mayor Frank ;odd. As soon as :'ayor Garrett has authorized this agreement, please notify me and forward a copy for our file so that we may W complete this documentation. f Sincerely yours, F Steven N. ;Mall , P.L. W Public Works Director W Q S[;:I/ma H (n cc: Mayor Todd _z11 } W W _z z lu W RECEIVED AUG l t91S ,Iu,eyY C�u+xxtllMY D 4 i August 1 , 1975 Honorable Avory Garrett, Mayor Members of the City Council Subject: Latecomer Agreement - City Tukwila/City of Renton Andy's Diner Sewer Service Gentleman: Attached is a proposed agreement between the City of Penton and the City of Tukwila which allows the City of Renton to make u::e of L. I .D. sewer facilities to service Andy's Din<,r. This agreement Is similar to the City's othsr joint use agreements. Very truly yours, Varven C. Gonnason, P.E. Public Works Director RCH:pmp Attachment w atti Underwood programma 101 olivetti underwood programma 107 olivett, OL ro, lei� d" e e ,>..:.1"C... ;.:«�*a.....»•,:saweor- . .. ._ ..., .. .:. ., ,, . . .,.,.._ y .,,_.� €fFnMRa�n�pl� • E A S E M E N T !lf���Uj� — — — `9b THIS INSTRUMENT made this day of .�i1t,, _ �1g7� by t and between�,�'6241 L � �• �j and and i and f L7 and nerein called the "Grantor" , and the City of Tukwila coa municipal corporation of King County, Washington, herein called "Grantee' N WITNESSETH: CO ti That said Grantor for and in consideration of the sum of in hand paid by said Grantee, a oti.er valuable consideration, receipt of which is hereby a^knowledged, d by these presents grant, bargain; sell, convey, and confirm unto tF—e said Grantee, right-of-way or easement for Sanitary Sewers with necessary appurtenances over, through, across , unc and upon the followi;ig described property in King County. Washington, more particularly described as follows: Those portions of the Henry Meader Donation Land claim No. 46 in Township 23 Worth, Range 4 East, w.i•i. , described as follows : PARCEL "A" Tile westerly 5 feet of the Easterly 15 feet of that portion of said Donation Lana Claim lying Westerly of the Westerly margin of the Puget Sound Electric :railway Right of !Jay, Southerly of the Southerly margin Of S. 158tii St. , and Nortnerly of the South 547.44 feet of said Donation Land Claim, also PARCEL "B" Tile Easterly 15 feet of ti:e North 10 feet of the South 552.44 fee of tnat portion of the said Donation Land Claim, lying Westerly of the sai- West- erly margin of the Puget Sound Electric Railway Right of Way, also PARCEL "C" 'the Westerly 10 feet of the North 120 feet of the South 560 feet of that portion of tiie said Donation Lana Claim, lying Easterly of the Easterly margin of the said Puget Sound Electric Railway Right of Way, also PARCEL "D" Tile North 10 feet of the Soutli 440 feet of that portion of the said Donation Lana Claim lying Easterly of tue: said Easterly margin of the Puget Sound Electric .railway uigLt of Way . and Westerly of the Westerly margin of the Cuicago, Ailwaukee, and St. Paul Railway Right of Way, also (OVER) f14f PR Mr Oil �c U(T - A Ut, _. Al 0 a /PAIZCEL "E" i The Westerly 10 feet of the Norti, 30 feet of the South 440 feet of that portion of the said Donation Land Claim, lying masterly of the Easterly margin of tiie said Chicago, Milwaukee, and St. Paul lcail.way Right of Way TOGETHER WITH temporary construction easements described as follows : PARCEL "AT" The Easterly 25 feet of that portion of the said Donation Land Claim Ln described in parcel "A" , also S O PARCEL "BT" CO C:) Tne Easterly 25 feet of the North 30 feet of the South 562.44 feet of CDtnat portion of the said Donation Land Claim described in parcel "B" , also v PARCEL "CT" The Westerly 20 feet of the North 160 of the South 570 feet of that portion of the said Donation Land Claim described in parcel "C" , also PARCEL "DT" The North 40 feet of the South 450 feet of that portion of the said Donation Land Claim describeu in parcel "u" , also l PARCEL "ET" The Westerly 20 feet of the North 40 feet of the South 450 feet of that portion of the said Donation Land Claim described in Parcel "E". Said temporary construction easement shall remain in force during construction and until such time as the sewers and appurtenances have been accepted for maintenance and operation by the CITY OF TUKWILA. Helen B. Nelson Easement No. 24-1-19A , That said Grantee .hall have the right without prior institution of any suit or proceeding at law, at times as may be necessary, to enter upon said property for the purpose of constructing, repairing, altering, or reconstructing said Sewer Main, or) making any connections therewith, without incurring any legal obligation or liability there- for: provided that such constructing, rep,%iring, altering, or recon- structing of said Sewer Main shall be accomplished in such a manner that the private improvements existing in this right-of-way shall not be disturbed or destroyed, or in the event they are disturbed or destroyed, they will be replaced in as good a condition as they were immediately before the property was entered upon by the Grantee. if c� The Grantor shall retain the right to use the surface of said t 0O easement, so long s said use does not interfere with the installation O and maintenance of the Sewer Main and so long as no permanent buildings rV or structures are erected on said easement. u7 ti This easement shall be C. covenant running with the land and shall be binding on the successors, heirs, and assigns of both parties hereto. A STATE OF WASUINGTON ) COUNTY OF KING ) SS I, the undersigned, a notary public in and for the State of Washington, hereby certify that on ' his 1973 , personally appeared before me ` ,M F�y�c o �� and tto me known o be t e in iv1 ua s escri ed in an w o executeecrthe foregoing instrument, and acknowledged that they signed and sealed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. Notary P is in and or e s e Washington, residing at ; .......... �? r P411,0r ..e r . ;=L3Z31_1C - �� J 523t7 S� atia cant n.- :Sflulevard r F Tukwila, %Vashinyc�ton sa= {< telephone S 202 3 242 -• 2'la7 r- �; February 11 , 197� i i i J �L Councilman Dwight Gardner Chairman , Public Works Committee City of Tukwila 14475 - 59th Ave. So. � y Tukwila, Washington 98067 Re: LID k19 Andy's Diner/ Burlington Northern IL Latecomer's Charge for Sewer Dear Dwight: LU As per our discussion at the Public Works Committee Meeting of L9 6 February 1975, I am including the following information to .. L7 confirm the discussion in writing. ` i The estimated Latecomer's Charge for the Andy's Diner Property is approximately $1553.00. In addition, a collector fee of approximately $7,005.00 would be levied if -he collector system was installed to the property line. However, the collector, or lateral sewer charge "shall be waived by the City providing the owner, developer or applicant constructs at his own expense a sanitary sewer to serve his property providing that the sewer is in compliance with the Comprehensive Plan specifications and requirements of the City" . This quote is from Section 14.16.074 of the Tukwila Municipal Coda. Therefore, I assume 'tie assessment against this pro erty ..#ill be in 47 the amount of 51 ,553.00. There is a question as to the collector charge as the developer is not in compliance with the Comprehensive Plan of the City of Tukwila- as it does not extent outside the Tukwila City Limits. U, Assuming that the total assessment against t'.e property will be r 3� for the intercep-or only in the amount of al proximately $1 ,553.00. it seems hardly worth while to open the fina assessment roll to redistribute this cost because of the follo,,.ina items. I have contacted Mr. Robert J. Hawkins of Hill , Inaman, Chase and Co. 7V and he has indicated to me that the recomoutation and remailing lW� i' 1 +�-a. K '+4Y, �,: nav x•�'+�n.�a�'Yat?y'c,+ ..z.....n�.em��v�+'Y:'rea..ev.rw•w.�.....iy..a. - ... -;._....r3��.. �''nPM':4�v�rA•�,;.Jmeu{+�a/xw.l,�Ttt'w..sq..+.m,.vt.t•...nw+oW.i+:..w aaa.:..:.r:awi:�id++.w+..Kwvri.+da*v-.+�*eavt�... i i,{ , Councilman Dwight Gardner Paye 2 4 ' of the new assessments plus the hearing requirements would cost a minimum of $700.00. As I have noted in the previous request and ensuing approval of an extra work order for this project, an additional cost will be realized to the City at a maximum of approximately $350.00. These two costs !•could exceed the actual interceptor charges. Therefore, it is my recommendation that we do not redistribute these costs to the assessment roll as there is no seeming advantage to doing this. Also, in granting Andy's Diner the allowance to connect to the City of Tukwila Local Improvement District 7419 interceptor, it be required that they construct the line to a depth so as it may serve the adjacent Burlington Northern property to the south. This may also include the actual construction of an eight inch sewer main to their south property line and dedication of easements for same, or constructing the sewer line to their service point and the granting of an easement for the future collector system to serve the property to the south. I recommend at this time, that. Andy's Diner be required to construct the main to their south property line, and dedicate an easement to the City of Tukwila for maintenance and operation of same. If you have any further questions, do not hesitate to contact me at my office. Sin�erRly yoyrs, Ste en M. Ha 1 , Public Works Director SMH/ma cc: Mayor Todd City Council Mr. Wayne R. Parker, City Attorney Miss Helen Nelsen, Independent Water Company nip, _:ne No. 2124'r 429 THIS AGREEMENT, made te.is tat day of Ap"it , 19 74 between GLILCMR 'IKC CCMi Vn.. s _h ---nota corpri--t:ion, ,"WQ5X;W-^S ,hereinafter called"Railroad,"and a Municipal corporation of the State of Washing on, who a post office address is Sf114.T5 59th Avelzue South, Tutuila, Wa.;niigton 9806T, hereinafter called "Permittee." Wl TNESSETH: Railroad, for and in consideration of the fee herein provided to be paid to it by Permittee and of the covenants and promises hereinafter made to be observed and performed by Permittee,does hereby grant to Permittee license and permission to excavate for,construct,maintain and operate a 12—inch longitudinal i'+^� Sanitary sever pipe line 1M hereinafter referred to as 'he "facility," upon, along or across the right of way of Railroad,underneath the surface thereof, and under the tracks of its railroad, as the case may be, at or near Or11,13,a Station, in the County of Snag State of Washington to be located as follows,to-wit: as shown colored red on the plat hereto attached, marked Exhibit"A",dated September T, IM and by this reference thereto made a part hereof. Permittee in consideration of such license and permission hereby covenants and promiws as follows: 1. Permittee will pay in advance to Railroad for this permit the sum of Foul' Thouse-td Ono Hundred and no/100 D011ar8 ($4,100.00). c .n e mi+— r . . 2. Parmirtse, at Permittee's sole cost and expense, shall excavate for, construct, mE on-trucr, maintain and repair the facility placing the same in accordance with the specifications provided in application dater' J,=e T, 1973 heretofore approved by the Railroad's Regional Manager Engineering. Permitn� shall fill in the excavation, and restore the surface of the ground to its previous condition subject to the jj approval of the Superintendent of the Division of Railroad upon which the facility is located.Said Superintendent shall have fi t _ the right at any time whey, in his judgment it becomes necessary or adviti. ble,to requite any material useJ io the work lc, be replaced with like material or with material of a more permanent character, also to require additional work or chang,: of location of said facility as a matter of safety,or of appearance,or on account of additional tracks being laid,change of grade ,hereof, construction of a building, or for any other reason w�tether or not connected with the operation, maintenance, or improvement of the railway of Railroad. PH of which shall be done at the expense of Permittee in lire manner herein providexl. 0 3. Permittee shall give to the said Superintendent at least two (2) days advance notice of any work to be. done by Permittee in the excavation, construction, any reconstruction, maintenance, repair, change of location or removal of the facility, and shall conduct such work in such manner as not to interfere with the maintenance and operation of tire railway of Railroad. 4- In the event that Railroad, at the request of Pe•mittee,or for the protection of its property and operations,does any work, furnishes any material or flagging service, or incurs any expense whatsoever on account of the excavation for, construction, any reconstruction, maintenance, repair, change of location, removal of the facility or otherwise, Permittee shall reimburse Railroad for the cost thereof within twenty (201 days after bills are rendered therefor. If the excavation fnr /. construction, any reconstruction, maintenance,repair,change of location,or removal of the facility,requires any or all of the following work removal and replacement of track, bridging, protection of track or other railway facilities by work or flagging, engineering and/or supervision, such work is to be performed by Railroad employees and the cost borne by Permittee. 5. In the event any cathodic electrolysis or other ekatrical grounding system is installed in connection wim the facility which, in the opinion of Railroad. in any way interferes with any train signals,telephone or telegraph lines,or ether facilities of Railroad, Permittee upon being informed by Railroadof such interterence shall forthwith discontinue operation of and - remove said grounding system, or take such steps as may be necessary to avoid and eliminate all such interference.Permittee further agrees to indemnify and save harmless Railroad from and against any damages,claims, losses,wits or expenses in any manner arising from or growing out of interference with the signals,telephone or telegraph lines of Railroad by the operation„ use or existence of any such grounding system. - 6. Permittee shall and hereby releases ar,d discharges Railroad of and from any and all liability for damage to or destruction of the said fe-ility, and any other property of Permittee located on or near Railroads premises; and shall and hereby assumes any and all liability for injury to or death of any and all persons who msoever, including officers,employees and agents of the parties hereto, or loss of or damage to property to whomsoever belonging,-including property owned by, leased to or it the care,custody and control of the parties hereto, ;n any manner arising from or during the construction,any reconstruction,'use, me;ntenance, repair or removal of said facility, however such injury, death, loss,damage or destruction aforesaid may occur or be caused; and shall amj hereby does indemnify and save harmless Railroad of and from any and all claims, demands, suits, actions, damages, recoveries, judgments, costs or expenses arising or growing out of or in connection with any such injury, death, loss,damage or destruction aforeuid. Permittee further agrees to appear and defend in the name of Railroad any suits or actions at law brought against it on account of any such personal injuries, death or damage to property, and to jay and satisfy any final judgment that may be rendered against the Railroad in any such suit or action.The liability assumed by Permittee herein shall nc . affected or diminished by the fact, if it be a fact, that any such suit or action brought against Railroad may arise out of negligence of Railroad, its officers, agents, servants or employees, or be contributed to by uch negligence. Votvithstanding the foregoing, nothing herein contained is to be construed as an Sndn+ninettiOn against the sole negligee^_e of Railroad, its officers, employees or agents. 7. Permittee shall not transfer or assign this permit without the written consent of Railroad. B. Nothing he,ein contained shall imply or import a covenant on the part of Railroad for quiet enjoyment. 9. If the Permittee shall at any time cease to maintain and operate the said facility or shall fail to perform every agreement of this permit, the. Railroad may forthwith terminate this permit and may forthwith expel the Permittee frog its premises; and at the er_d of the permit the Permittee will restore the premises of the Railroad to their forcer state. 1 S r io. � , fin• .. "I`fQRT6CTTn'd4 11. Any notices given under the provisions of this agreement shall be good if deposited postpaid in a United States post office aJdressed to Perm i(tee at Perm itree's poet office address above stated or as otherwise directed by Perm ittee. 12, The license and permission herein granted is subject to permits, leases and licenses, if any, heretofore granted by { Railroad affecting the premises upon which said facility is located. 4 "• Subject to the foregoing provisions, this agreement and all of the covenants and promises thereof,shall inure to the E benefit of and be binding upon the parties hereto,their respectiv-executors,administrators,successors and assigns. r IN WITNESS WHEREOF, Railroad and Permittee have execute this agreemen', the day and year first above written. In Presence of: ��� GJACIM PARK CO:,W= -16CC—`—ry By n __ 1 t-sa- r onn�.'1025 •1.14 If I I �JI,YI a 1+ ~p LONGACRES wl � 00 0 I 2E5 5327 5)z J1 ISO r. ,.`� .. _..-_____._ __ �.__. . _. I u .Ile b 'a4 f.P gal_ l _ U. P.� ' t1__:4 f�:K��•. R A�-J- ' .---• -}-- -- f-- GET \� DURIINGC011 h;CnT54�f���S tiil.. \ .. __. 1 t t.. ..ti...�w�rxs>Irr�■s.e�L■...w.�s�ceege lamer - ....� ._. . . I f lyy CY2 �Y 'i PUGET SOUND PCWER & LIGHT COMPANY 4 PUGEf POWER PU11 DING 92051 asa 5351 BELLEVUE. WASHINGTON 98009 October 15, 1975 3 Mr. Richard Vincent Burlington Northern Land Development Company 600 Central Building Seattle, Washington 98104 Re: Easement Agreement - Andy' s Diner Dear Mr. Vincent: Enclosed please find three (1) copies of an agreement and easement for execution ty the City of Renton to accommodate the sewer line recently installed across our right of way. Please deliver the document rn rha r;_.,, that a recorded copy is forwarded to the Real Estate Division, P. O. Box 860' , Bellevue, Washington S8009. Very truly yours, Gary Mix Property Management Manager GM:mm Encl . cc: Mr. P. L. Copps �.4 AGREEvEENT AND EASLvE\-r FOR SACITARY SB%T?R PIPELINE i THIS AGRFEN NT made this -iCO day of !k.�E' QC(Z , 1975, between PUGET' SOUND POWER F, LIGEET MEPANY, a vas iington cow a 1 nr of Puget" herein) , and the C[r OF REN'TON, a municipal corporation of the State of Washington ("Grantee" herein); WIC -AS, Puget is the owner of a strip of land 100 feet in width running north and south through the Northwest 1/4 of Section 25, Township 33 North, Rrsge 4 East, W.M. , King Cowy, Washington, which strip of land is presently j 4L owned and occupied by Puget in coruiection with Puget's electric utility operations (said strip being hereafter referred to as "Puget's Right of Way"); and WFIEREAS, Grantee desires ah easement for a sanitary sewer pipeline across Puget's Right of Way at a location more specifically described hereinbelow; NOW THEREFOPE-, in consideration of Ten and \'0/100----------------------------- Dollars ($ 10.00---------- ) and other goo and valua le consideration in hand paid receipt of which is hereby acknowledged, and in consideration of the performance by Grantee of the covenants, terms and conditions hereinafter set forUi, Puget hereby grants, conveys and quitclaims to Grantee the following easements: A. nonexclusive perpetual easement across, along, ia, upon and under that portion of Puget's Right of Way described in Exhibit A attached hereto and by this reference made a part hereof, for the purpose of installing, con- structing, op=rating, maintaining, removing, repairing, replacing and using a sanitary sewer pipeline consisting of a concrete pipe, rot exceeding 8 inches in diameter, with all connections, manholes and underground appurtenances thereto (herein the "Sewer Line"), together with the nonexclusive right of ingress to and egress from said portion of Puget's Right of Way for the foregoing purposes; The terns "Easement" and "Easement Area" in this instrument refer to the easement on the property described in Exhibit A. This easement is granted subject to and conditioned upon the following terns, conditions and covenants which Grantee hereby promises to faithfully and fully obselws and perform. 1. Cost of Construction and Maintenance. Grantee shall bear and promptly pay all costs and xpenses of construction and maintenance of the Sewer Line. 2. Compliance with Laws and Rules. The Grantee shall construct, maintain and use the Mer Line in actor ce%ith the requirements of Puget, the National Electric Safety Code and any statute, order, rule or regulation of any public authority having jurisdiction. 3. Use of the Right of Way b Pu et. Grantee's rights herein shall at all times be s or irate to su rig is o Puget as are necessary to preserve and maintain the capabilities of Puget's Right of lvay to be used for electric utility purposes, and nothing herein contained shall prevent or preclude Puget from undertaking construction, installation and use of any electric utility facilities within Puget's Right of Way. Puget shall not be liable to Grantee or to G_antee's employees, agents, or to any other party benefiting from said Sewer Line, for loss or injury resulting from any damage or destruction A the Sewer Line directly or indirectly caused by Puget's existing or future use of Puget'r Right o`. Way. 4. Required Prior Notice and Approval of Plans and S g,!ications. Prior to any installation, alteration, replacement or removal o t e weer Line facilities or any other major activity by Grantee on Puget's Right of Way, Grantee shall give Puget written notice thereof together with preliminary plans and specifications for the same at least six (6) months prior to the scheduled commencement of such activity. Puget shall have the right to require that such plans and specificati , be modified, reviseJ or othentrise changed to the extent that the final plans and specifications ther^`-)r shall include provisions for the protection: of Puget's facilities, the prevention of hazardous conditions and minimum i.n:ermhption to Puget's utility operations. No such activity shall be commenced without Puget's prior written approval of the plans and -specifications therefor and all changes or amo:ndments thereto, which approval shall not be unreasonably withheld. Notwithstarding the foregoing, in the event of any emergency requiring immediate action by Grantee for the protection o the Sewer Line, persons or property, Grantee may take such action upon such notice to Puget as is reasonable under the circumstz.nces. Nothing herein shall be deemed to impose any duty or obligation on Puget to determine the adequacy or sufficiency of the Grantee's plans and specifica- tions, or to ascertain whether Grantee's consteu. t'cr is in conforr.bnce +J u the plai.s and specifications approved by Puget. S. ;-Built SurveL. Upon Puget's request, Grantee shall promptly provide Puget with as- uilt_Traiaings and survey showing the location and elevations of the Se.:er Line facilities on Puget's Right of Way. 6. Grantee's Use and Activities. Grantee shall exercise its rights under this Agreement so as to minimize an avoid, 'insofar as possible, interference with the use ', Puget of it_ Right of Way for electric utility purposes and shall at all times conduct its activities on the basement Area so as not to interfere with, obstruct or endanger Puget's operations or facilities. Grantee shall install the Sewer Line and conduct any other of its substantial activities on Puget's Right of Way in accordance with such additional or other specific And reasonable requirements, conditions and specifications applicable to Puget's Right of Ila) as may be communicated to Grantee by Puget for the purpose of protecting Puget's facilities, preventing hazardous conditions ani minimizing interruptions to Puget's utility operations. 7. Coordination of Activities. Grantee shall give at least 3C days advance written nonce e e propose tes of its construction, repair anc. maintenance activities on Puget's Right of Way to Puget's South Central Divisica (presently headquartered at Renton, Washington) , or such other division of Pv,�!t as Puget may from time to time designate. Grantee shall cooperate in the revision of such dates and/or the coordination of its activities with those of Puget's if deemed necessary by Puget to minimize confli ^ insure protection to each party's facilities, prevent hazardous conditiu- ,, or minimize interruption of Puget's operations. Provided, however, that in the event of an emergency requiring immediate action oy Grantee for the protection of its facilities or other persons or property, Grantee may take such action upon such notice to Puget as is reasonable under the circumstances. 8. Work Standards. All wort. to be performed h) Grantee on Puget's Right of Way shah Te d fined and constructed so as to withstand the consequences of any short circuit of any of Puget's electric facilities now or hereafter installed on the "ight of Way. All work to be performed by Grantee on Puget's Right of Way shall also be in accordance with the plans and specificati(. ._ submitted to and approved by Puget and shall be completed in a careful and workmanlike manner to Puget's satisfaction, free of claims or liens; however, nothing herein shall be deemed to impose a duty or obligation on Puget with respect to the sufficiency thereof. Without limitation to the foregoing, Grantee shall exercise the utmost caution when conducting its activities in the vicinity of any of Puget's energized power lines in crd..r r- prevent any contact therewith. Upon completion of such work Grantee shill remo e all debris and restore the ground surface as nearly as possible to the condition in which it was at the commencement of such work, and shall replace any property corner monuments which were disturbed rr destroyed during construction. Grantee shall also pay to 1 t all of Puget's costs necessaryy to re-establish destroyed survey references and hubs established by Puget in conjunction with any survey for new facilities on Puget's Right of Way. 9. Changes and Repairs to Puget's Facilities. Grantee shall promptly pay to Puget tff cost of any relocation, alteration, restoration and other changes or repairs to Puget's facilities which Puget shall reasonably deem necessary by reason of the construction, use and maintenance of th( Sewer Line or other activities of Grantee ^n Puget's property. Without limitation to the foregoing, Grantee shall prow,)tly pay to Puget the cost of temporary raising of wires and the realignment or strengthening of power poles or towers made necessary by Grantee's acti.vitics pursuant to this Agreement. If Puget so requests, Grantee shall provide assurance of payment satisfactory ti Puget prior to Puget's commencement cf such. work. Puget shall accomplish such changes or repairs, subject to the availability of labor and materials. For the purpose of tl.is paragraph, "cnst" shall be defined as all direct or as= . nable cots of raterials, labor and services, inr' :ding overhead, In accordance with charges loI transportation of men, material, anc equipment, stnrago expense of material and rental of equips �nt. 9 i 10. Access. The Grantee shall design, construct, maintain and use its Sewer Line rn such fashion as to permit reasonable and continuous access along ' Puget's Right of Way in all directions, and in such fashion as to accommodate and support vehicular travel over and across the Sewer Line, including travel by cranes and truck> with heavy loads. Grantee shall at all times keep Puget's Right of Way free and clear of all obstructions and equipment. If requested by Puget, the Grantee shall make provisions for continued access by Puget along Puget's Right of Way during construction of the Sewer Line. 11. Inspectors. Puget shall appoint one or several Puget representatives who shall serve as inspectors to oversee all work to be perfo-mc d by Grantee 4 on Puget's Right of Way. Grantee shall not carry on any work unless it has given such notice to Puget as may be reasonable in the circumstances so as to allow for the presence of such inspector or inspectors. Grantee and Grantee's contractors shall promptly and fully comply with all orders and directions of Puget's inspectors, including without limitation, cessation of work, and Grantee's construction contracts shall so provide. Grantee shall promptly pay Puget's charge for such inspectors. 12. Conflict with Future Installations of Puget. In the event that it should become necessary for Puget to install additional electric utility facilities or otherwise use Puget's Right of Way and if, in the sole judgment of Puget, the location, existence and use of the Sewer Line interferes with such installation or use to the extent that it is impracticable .r substantially more expensive to accomplish such installation or use, or that such installation or use may pose a hazard because of the location, existence or use of the Sewer Line, Grantee shall have the obligation to either, in Grantee's sole discretion, (a) protect, modify or relocate the Sewer Line at the cost and expense of Grantee, so as to remove the interference or hazard to Puget's satisfaction, or (b) to reimburse Puget for its added costs of design, construction and installation to avoid such interference or hazard. In the event Puget intends to undertake any such construction, Puget shall give Grantee reasonable advance written notice of such intention together with preliminary plans and specifications for such work, identifying the potential interference or hazard and all design information relating thereto. In no event shall such notice and pls:i.; he required to be required to be given more than six mo-;ths prior to the scheduled commencement of work. Within one month after receiving su_h notice from Puget, Grantee shall give ritten notice to Puget by which notice Grantee will elect to (a) protect, modify or relocate the Sewer Line, or (b) reimburse Puget for its said added costs. If Grantee elects to protect, modify or relocate the Sewer Line it shall commence work promptly and diligently prosecute such work to completion prior to the scheduled date of commencement of P et's construction. If Grantee elects to pay Puget's added costs, Grantee shall give Puget satisfactory assurance of payment of such costs at the time such notice of election is given. If Grantee does not so elect one of the above-described options by giving Puget the required notice, Puget shall be entitled to make such an election on b-half of Grantee, Grantee agrees that this election shall be binding upon Grantee and have the same effect as if made by Grantee. If Puget so elects option (a) described herein or if Grantee elects option (a) and fails to commence and prosecute its work as contemplated heroin, Pu^-t may, at its option, undertake such work on behalf of Grantee as Puget deems necessary pursuant to option (a) and Grantee shall promptly pay Puget for all costs incurred by Puget in performing such work. Puget's costs reimbursable un-er this paragraph are defined as in Paragraph 9 herein. 13. Termination for Breach. In the event Grantee breaches or fails to perform or o serv- e any o tide Terms and conditions hey-in, and fails to cure such breach or default within ninety (90) days of Puget's giving Grantee written notice then nf, or within such other period of time as may be reasonah'.e in the cir.imstaw Puget may terminate Grantee's rights under this Agreement in addition to ^.nc, _,ot in limitation of any other remedy of Puget at law or in equity, and the failure of Puget to exercise such right at any time shall not waive Puget's right to terminate fur any ruturc breach or default. 4 ' 14. Termination for Cessation of Use. In the event Grantee ceases to use the setter line for a p_rrod o five (1; successive years, this Agreement and ali Gra:tce's rights hereunder shall terminate and revert to Puget. ! 3 15. Release of Sewer Lint, on Termination. No termination of this Agreement shall release Gr� ante a rom any liability or obligation with respect to any matter occurring prior to such termination, aor shall such termination release Grantee from its obligation and liability to remove the Sewer Line facilities from Puget's Right of Way and restore the ground. 16. Removal of Sewer Line on Termination. Upon any termination of this Agreement, Grantee shall promptly remove fromthe Easement Area the Sewer Line facilities and restore the ground to th. condition now existing or, in the alter- native, take such other mutually agreeable measures to minimize the impact of the Sewer Line on Puget's Ritit of Way. Such work, removal and restoration shall be done at the sole .cst and expense of Grantee and in a manner satis- factory to Puget. In case of failure of Grantee so to remove the Sewer Line facilities, restore the ground or take such other mutually agreed upon measures, Puget may, after reasonable notice to Grantee, remove the Sewer Line facilities, restore the ground or take such measures at the expense of Grantee, and Puget shall not be liable therefor. 17. Third Part Ri hts. Puget reserves all rights with respect to its property inn- u rng, wr out limitation, the right to grant easements, licenses .and permits to others subject to the rights granted in this Agreement. 18. Re! --asa ^ Ind�emniitty. Grantee does hereby release, indemnify and promise to a en ai i sa nnless Puget from and against any and all liability, loss, cost, damage, expense, actions and claims, including costs and reasonable attorney's fees incurred by Puget in defense thereof, asserted or arising directly or indirectly on account of or out of (1) acts er omissions of Grantee and Grantee's servants, agents, employees, and contractors in the exercise of the rights granted herein, or (2) acts and omissions of Puget in its use of the Right of Way which affect Grantee's employees, agents, contractors, and other parties benefiting from said Sewer Line; provided, however, this paragraph does not purport to indemnify Puget against liability for damages arising out of bodily injury to persons or damage to property caLsed by or resulting from the sole negligence of Puget or Puget's agents or employees. 19. Insurance. Prior to Grantee's construction activities or othe substantial activities on PA•get's Right of Way under the rights provide( herein, Grantee shall submit to Puget evidence that Grantee or Grantee's contractors has obtained comprehensive genera: liability coverage (including broad form contractual liability coverage) satisfactory to Puget with limits no less than the following: Bodily Injury liability, including $500,0nl automobile bodily injury liability each a.currence Property Damage Liability, including $500,000 automobile property damage liability each occurrence Said evidence shall be submitted on Puget's Certificate of Insurance standard form (which form Puget shall provide upon request or such of a form as Puget may from time to time approve. Said coverage shall be maintainer: by Grantee or Grantee's contractors during the period when such activities take place. 20. Tars. Grantee shall promptly pay or reiaui se Puget for any taxes levied as a result of this Agreement or relating to the an* s improvements constructed pursuant to this Agreement. 21. Title. The rights granted herein are subject t., permits, leases, licenses and easements, if any, heretofore granted by Puget affecting the property slibiect to this Agreement. Puget does not warrant title to its property and shall not be liable for defects thereto or failure thereof. 2'. . ,tices. Unless otherwise provided herein, notices required to be in writing undi t is Agreement shall be given as follows: M ii to Puget: Puget Sound Power £, Light Company Real Estate Division P. 0. Box 868 Bellevue, Washington 98009 If to Grantee: Citv of Raiton Department of Public Works 4 ^ R Notices shall be deemed effective, if m%.iled, upon the second day following deposit thereof in the United States Mail, postage prepaid, certified or rf ;istered mail, return receipt requested, or upon delivery thereof 4f otherwise gi en. Either party may change the address to which notices my be given by giving notice as above provided. 23. As_i_gnment. Grantee shall not assign its rights hereunder. No assignmer. .-Jf the privileges and benefits accruing to Grantee herein, and no assignment ,f the obligations or liabilities of Grantee herein, whether by operation of law or otherwise, shall be valid without the prior written consent of Puget. t 24. Successors. The rights and obligations of the parties shall inure to the benefit o and e binding upon their respective successors and assigns, 25. Liability. In the event of any assignor qt of ,ire rights hereunder, the liability of Grantee and its assignees shall be joint and several. a. EXECUTED as of the date hereinabove set forth. ACCEPTED: CITY OF RFl\TO ) PUGET SOUND POWER Fr LIGHT CONPAlY BY By Title a r, Rea state ivision STATE OF itaSHINGTGN ) SS. CO[DnY OF KING On this /b TN day of ��70BER 19 TS , before me, the undersigned, personally appeared LESLIF A. DONNER, to me known to be the Manager, Real Estate Division, of PUGET SOUND PO[n'ER 4 LIGHT CCMPANY, the corporation that executed the foregoing instrument, and acknowledged said instnment to be the free and v ,:,,w-tary act and deed of said corporation, for the uss and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument. WITNESS my hand and officia seal hereto affixed the day and year above written. Notary Public 1n an r�Lltfi't,l as State o 4ashin&ont , residing at STATE OF WASHINGTON ) ) SS. COU!Vff OF KING ) On this day of 19 before me, the under- signed, person�ly appeared — to me known to be the , o e CITY OF N, e m nici- 1 corporation that executed u,e fo�regoing instnment, and acknowledged the said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said instrument. WIINESS my hand and official seal hereto affixed the day and year first above written. ,Notary P lie in an o i +fie-State o [ineto residing at asi n, d - 5 - _... _ _... w�a�wlsw.ur ... �w -^•�"�'�I��rr►'+'anrnr•.wr--' Tyr IP!■1MPI9 Arlo.". NMW""r■. .�...p ENGINEERING PLANNING LAND SURVEYS Job No. 05-447-02 Sewer Easement Description June 18, 1975 That porticn - N.W. 114, Sec. 25, Township 23 North, Range 5 East, w.M., Ring County - ton, lying 5.00 feet perpendicularly distant northwesterly and 10.00 -ndicularly distant southeasterly from the following described cent- -r -zne and its production thereof. Beginning at the intersection of the South boundary of the city of Seattle's Bow Lake pipeline right-of-way and the west boundary of a Puget Sound Power and Light zfight-of-way as recorded under Kin, County Auditor's File Nos. 2629432 and 26•' 20; thence S1°13'24"E and fallowing the w- St boundary of said right-of-way 3.70 feet to the true POINT OF BEGINNING; thence N62046'18"6 107.00 feet more or less to the east boundary of said Puget Power right-of way. 1302-114TH AVENUE,O.E., SUITE 31e OELLEVUE, WASMMOTON BSOO q/iLO S-466-7052 , •.1 -'n+'�!�'A,'Raw'T7'Rw:f. �. ..."7 •�iR%11T�1''y.",'r'."^ v!e/'+ae�l�F'.."�.. .. •.*T�Ar+v.wrl'�' ��w�►'xg��� Job No. OS-4-•74Z Survey for e /.:/6 //OPTHEE'V Legal Deseripfion: See .411afhcc✓ .5h- ee7' � I t w � m \ \ �ow `rf�• cJ` -- �j�..j.61 h Field THE MURPAY—MicCOAMICK OFfce PLO ENVIRONMENTAL GROUP EcaaysrEM6 IIRVE�S•rl VEEWN6 Checked 1309 114th Ave. S.E. , Suite 316 Property Bellevue, WA 98004. Corners 206-455-7852 Date L /u,. 7•- ?rt IN ,. �•-.-w+ .-�^^. a+l�a'•`�. •w2�.►..v�►w•s.•a•+'..b.+w.ro+es�+ee,^. �T�eMrr'�• w�w�w�,t Pr�rw B E A S Pt E N T THIS INSTRUMENT made this 4 day of l` /r ✓ <lg7�, by O� and between [ �.YE' l L7.�1�'.Gd c` ti1 and and and L7 and -0 herein called the "Grantor" , and the City of Tukwila ft coa municipal corporation of King County, Washington, herein called "Grantee' CD N WITNESSETH: CD That :;aid Grantor for and in consideration of the sum of $ A5 L��_tO1% in Viand paid by said Grantee, arFij�-,;,id her valuable consideration, receipt of which is hereby acknowledged, d these presents grant, bargain, sell, convey, and confirm unto Grantee, right-of-way or easement fo.- Sanitary Sewers with ncctss..r5 appurtenances over, through, across , and and upon the following described property in King County, Washington, more particularly described as follows: Those portions of the Henry bleeder Donation Land Claim No. 46 in Township 23 i4orth, Rang, 4 East, W.vi. , described -s fo�lows : PARCEL "A" Tile Westerly 5 feat of the Easterly 15 feet of that portion of said Donation Land Claim lying westerly of t1:e westerly margin of the Puget Sound Electric Railway itiglit of flay, Southerly of the Southerly margin Of S. 158ti1 St. , and Nortne:ay of the South 547.44 feet of said Donation Land Claim, also PARCEL "B" Tile Easterly 15 feet of the NortA 10 feet of the South 552.44 feet of that portion of the said Donation Land Claim, lying westerly of the said West- erly margin of the Puget Sound Electric Railway Right of Way, also tARCEL "C' The Westerly 10 fdet of the North 120 feet of the South 560 feet of that portion of the said 'Donation Land Claim, lying Easterly of tiie Easterly margin of the said Puget Sound Electric Railway Eight of Way, also PARCEL "U" Tile North 10 feet of the Soutil 440 feet of that portion of the said Donation Land Claim lying Easterly of bile said Easterly margin of the Puget Sounci Electric .railway Idght of Way, and Westerly of tiie Westerly margin of the Chicago, riilwaukee, and St. Paul Railway Right of Way, also (OVER) [ 017 er►-lrYl....�R+�!_ .._:::. .'TM.,wT.c,.rn...,Aq,..>,,..:......4-.-cn-...1.--*....+..-.:f.v..,..-..._,.�...y.,�-,�. _--..._�_._ ._ _- -- - k '\ r • 4r y�U0,v PARCEL "E" F b The Westerly 10 feet of the Nortn 30 feet oc the South 440 feet of that Portion of the said Donation Land Claim, lying Easterly of the Easterly margin of the said Chicago, 1•:-lwaukee, and St. Paul Railway Right of Way TOGETIIER WITH temporary construction easements described as follows: PARCEL "AT" The Easterly 25 feet of that portion of the said Donation Land Claim lt) described in parcel "A" , also O CD PARCEL "BT" co fV Tne Easterly 25 feet of the North 30 feet of the South 562. 44 feet of O tnat portion of the said Donation Land Claim described in parcel "B" , also 'ct PARCEL "CT" The Westerly 20 feet of the North 160 of the South 570 feet of that portion of the said Donation Land Claim descried in parcel "C" , also PARCEL "DT" The North 40 feet of the South 450 feet of that portion of the said Donation Land Claim describeu in parcel "D" . als^ PARCEL "ET" The Westerly 2u feet of tue North 40 feet of the South 450 feet of that portion of the said Donation Land Claim described in Parcel "E" . Said temporary construction easement sha _1 remain in force during construction and until such time as the sewers and appurtenances have " been accepted for maintenance and operation by the CITY OF TUKWILA. Helen B. Nelson Easement No. 24-1-19A Blp i �.1 That said Grantee shall have the right without prior institution of any suit or proceeding at law, at times as may be necessary, to enter upon said property for the purpose of constructing, repairing, altering, or reconstructing said sewer Main, oO making any connections therewith, without incurring any legal obligation or liability the- .- for; provided that such constructing, repairing, altering, or recon- structing of said Sewer Main shall be accomplished in such a manner that the private improvements existing in this right-of-way shall not be disturbed or destroyed, or in the event they are disturbed or destroyed, they will be repl:.ced n as good a condition as they were to immediately before the property was entered upon by the Grantee, M The Grantor shall retain the right to use the surface of said O easement, so long as said use does not interfere with the installation 00 and maintenance of the Sewer Main and so long as no permanent buildings CV or structures are erected on said easement. ti This easement sha' l be a covenant running with the land and shall be binding on the successors, heirs , and assigns of both pirties hereto. STATE OF WASHINGTON ) ) SS COUNTY OF KING ) I, the undersigned, a notary public in and For t1je State of Washington, hereby certify that on this o 1973 , personally appeared befare me r , 2j „�f and to me known to be the individuals riescribed xn and who executed the foregoing instrument, and acknowledged that they signed and sealed the same as their free and voluntary act and creed, for the uses and purpo_•es therein mentioned. /� //n y\ /� Notary Y is i:: and—.or e S a e oY Washington, residing at 0* F.�fU r 01 i • _.y ar 4 m i � Ifs r I I -- _ — ----"\ / I `v ANDOVER _j PARK EAST -F,8r _AVE S___ -_� V � A a a" lowY No, 181(WEST VAkl-EY HW co _ 1 / � 1 . SP g N © 1 n \ O D Z DTI D D n r IIATE�'; TO: Fie A 84.E MAJ, t� +s+++o-+++++++++++++++++++*++++1i+++++ For your carmants kx 14. For your signature v For your approval J" For your information Take appropri-to act.1ma1 S�� S Y, Aft" 1, K 4 OFFICE MEMO OF,1CITYOF ,�UKWIL,AMay 19, 1975 lk TO: Dick Houghton, Office Engineer FROM: Steven Hall , Public Works Director SUBJECT: Proposed Agreement Enclosed for your information is the revised, proposed agreement for the Andy' s diner Site in the City of Renton to be connected to City of Tukwila LID #19 for sewer service. Please contact me after you have had a chance to review this agree- R� �y\ R':E;VE. MAI 0 1975 Cnr a MrAw• manna arxuuno , SAN-1 ANDY'S DINER 2 AGREEMENT THIS AGREEMENT, made and entered into this day of _ 1975 by and between the CITY OF TUK'WILA, a municipal corporation of the State of Washington, hereafter called "TUKWILA" . and the CITY OF RENTON, hereinafter called "RENTON". W I T N E S S E T H: THAT WHEREAS, Tukwila and Renton situated contiguously in King County, State of Washington, and WHEREAS, Tukwila has constructed an interceptor sewer line (Local Improvement District #19, hereinafter called "LID 19) extending from the present sewer system operated b� Tukwila within its boundaries, and running through certain portions of Renton to collection truck sewer constructed by the Municipality of Metropolitan Seattle, and WHEREAS, certain areas hereinafter described situated within the boundaries of Renton may also be served by use of said interceptor line, thereby eliminating the necessity of Renton constructing such trunk facilities, and WHEREAS, Tukwila is willing and has constructed and paid for the costs of said line and Renton is willinq and desirous to reimburse Tukwila for an agreed upon portion of said construction costs, according to the terms and conditions hereinafter set forth. JOW, THEREFORE, it is hereby mutually covenanted and agreed by and between the parties hereto, as follows: 1 . That the entire construction cost of said interceptor line (LID 19) , according to the engineering plans therefor, heretofore prepared by Tukwila and approved by Renton have been paid by Tllkwi,a 2. That said line has been constructed through and across certain areas within the City of Renton, King County, Washington, described as follows: "See Exhibit A" (LID 19) Renton shall grant to Tukwila a permit for the construction, operation and maintenance of said line. 3. That said line shall be used, operate) and maintained by Tukwila W r-I 3e'tY7C2 C. f their present and fut!ire customers for transferring sewage collected by Tukwila and by Renton within their respective territories for delivery to the Me' ro trunk line and no payment or service charge therefore shall be required by either of these parties one to the other for the privilege of such use other than as hereinafter set forth herein for reimbursement of construction costs, maintenance and repairs. 4 That Renton shall have the right to authorize conroctions to said line by property lers of property situated within the boundaries of Renton, King County, Was , ton, su'.jject to approval by Tukwila and described as follows: 0 f AGREEMENT Page 2 "See Exhibit B" under such terms and conditions as Renton may establish for making such connections. 5. No person, firm or corporation shall be qranted a permit, or be authorized to tap into, hook onto, or use said sewer interceptor line, as hereinabove described, without first paying unto Renton, in addition to any and all other costs and charges made or assessed for such hookup, tap, or use, an amount of not less than $0.017941856 (Interceptor charge) per square foot of area included in any such properties for which connections are allowed �y Renton. In addition, Tukwila will issue permits and require payment of a "kf.gular Zonnection Charge" for all connections to the interceptor line in accordance with Tukwila Municipal Code, Sections 14.12.050 through 14.12.070, 14.12.170 through 14.12 200 and 14.16.070 which are herein incorporated in this Agreement as: "Exhibit C" All amounts received by Renton shall be paid out by it unto Tukwila under the terms of this Agreement within sixty (60) days after receipt thereof. Furthermore, in case any tap, hookup, or connection is made into any such interceptor sewer, without such payment first having been made as hereinabove set forth, the City Council of the City of Renton may remove or cause to be removed, such unauthorized tap, hookup, or connection, and all connecting tile or pipe located in the facility right-of-way, and dispose of unauthorized materials so removed, without any liability whatso- ever to any party. It is expressly understood that the aforesaid minimum charge per square foot, (based on the provisions of R.C.W. 35.92 .025) , shall not prevent Renton from addinq or imposing such other reasonable charge for collection and bookkeeping :_rvices, including taxes, if any, that may reasonably be incurred by Renton, in providing for the collection service herein undertaken for and on behalf of Tukwila; it being stipulated that the aforesaid per square foot rate is solely a method of measur?ment of V,a amounts due and owing to Tukwila for properties allowed to connect and use of said interceptor line facility. 6. That as between these parties, it is stipulated that the proportionate share of costs of said interceptor line is an herein specified and that it is Tukwila's intent to be reimbursed by the abutting property owners for such costs. It is expressly agreed and covenanted by and between the parties that Renton does in no way warrant payment of any such sum, or sums, during the life of this Agreement, and that Renton's obligation hereunder shall be limited solely and exclusively to the collection of charges, as above stated, AGREEMENT Page 3 from property owners who wish to hookup and connect to said interceptor sewer trunk line. No interest shall be charged Tukwila upon such sum, or any other sum, by Tukwila, and Renton's agency for collection purposes on behalf of Tukwila shall nut impose in any way any liability or other costs upon Penton, and Tukwila hereby agrees to hold Renton harmless from any liability relating to the costs of installation, or Tukwila bonded indebtedness in connection therewith. 7. That maintenance costs , repairs and operation necessarily incurred for said interceptor line within the boundaries of Renton shall be borne by Tukwila. Damage to said interceptor line which may be caused by the negligence of either of these parties, their agents or assigns, shall be repaired by the responsible party. 8. Any hookup, tap, or connection to said interceptor line covered by the acticles of this Agreement shall remain in and be operated by Renton at its sole expense, and Renton hereby agrees to hold Tukwila harmless from any liability relating to the costs of installation, or Renton bonded indebtedness in connection therewith. 9. If such hookups, taps or connections to said interceptor line, as herein described, discharge materials which cause olockage or damage to sa:d interceptor line, Renton shall reimburse Tukwila for all costs incurred in correcting such blockage or damage. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year first above written. CITY OF TUKWILA Mayor -- ATTEST: City Cle— ram— CITY OF RENTON ayl or ATTEST: Lity C erg--------- 'i i I AGREEMENT Page 3 from property owners who wish to hook up and connect to said interceptor sewer t trunk line. No interest shall be charged Tukwila upon such sum, or any other sum, b Tukwila, and Renton's agency for collection purposes on behalf of Tukwila shall not impose in any way any liability or other costs upon Renton, and Tukwila hereby agrees to hold Renton harmless from any liability relating to the costs of installa- tion, or Tukwila bonded indebeteness in connection therewith. 7. That maintenance costs, repairs and operation necessarily incurred for said interceptor line within the boundaries of Renton shall be borne by Tukwila. Damage to said interceptor line which may be caused by the negligence of either of these parties, their agents or assigns, shall be repaired by the responsible party. 8. Any hookup, tap, or connection to said interceptor line covered by the articles_ of this Agreement shall remain in and be operated by Renton at its sole expense, and Renton hereby agrees to hold Tukwila harmless from any liability rela- ting to the costs of installation, or Renton bonded indebtedness in connection therewith. 9. If such hookups, taps or connections to said interceptor line, as herein described, discharge materials which cause blockage or damage to said interceptor line, Renton shall reimburse Tukwila for all costs incurred in correcting such blockage or damage. 10. That ownership of said line shall remain in Tukwila until the ex;,iratioli of period of 10 years from date hereof. Thereafter, Renton shall be under no further obligation to collect or remit any other or further sums to Tukwila as reimbursement for ,onstruction costs and ownership of said line shall be vested in Tukwila with full and complete right of use thereof allowed to each party and with expenses of t- maintenance thereof continued upon the same basis as hereinabove set forth. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year first above written. CITY IF TUKWILA I Mayor ATTEST: I City Clerk CITY OF RENTON: I Mayor �— ATTEST: I City Clerk