HomeMy WebLinkAboutRES 1234 s 1,� ' • �
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WHEREAS TA� C�1SC�DF. SEt�7ER DYSTRICT, a �unicipal eorpai-ation, hereir�a£ter referrecl
_ to as "BISTRICT", has heretofore made �ppl ication to the CITY OF 1tEI�'P6N, a city of th.e
second class under the laws and statutes of the State of �,Tashington, hereinafter refer-
red to as "CITY", to use certain street right of ways for the constructian, inst�llat�on
and r�aintenanee of a cert2in interceptor sewer line which line extends fror� the DZS-
TRICT'S present sewer system, through portions of the CITY OF REIVTON and connects_ to
the sewer syste� of the Ljunicipality of I�etropolitan Seattle, and
WHEREAS it is deemed advisable and of public benefit to provide for the connection
and hookup of properties located ti�ithin the CITY to said interceptor sewer to be
constructed at the sole cost and expense of DISTRICTfand
WHEREAS DISTRICT, CITY and certain affected property owners whose properties
lie within the CITY have heretofore agreec� to enter inta a certain �greement, pursuant
to which CITY wouid colleet for and on behalf of DISTRICT, certain hookup charges fro:�
any and alI property owners desiring to hookup to such interceptor line, a;ithout any
lizbility whatev�r on the part of the CITY for such line except as to CITY'S obligation
to remit funds unto the DISTRiC'T so collected fror:a abutting owners desiring to tap on-
to such line, and said Agreement being recsonable �nd proper and in the public interest,
NOW T�LREFORE,
BE IT RESOLVGD BY Tt?E MElYOR AND THE CI'IY COUNCIL OF THE CI'IY OF REl`�'I'ON 1�S FOLZOfA7S:
SBCTION I: A�i the aforesaid r�citals �nd findings are hereby determined to be �
true and correct in all respects.
SECTION IT: The Mayor and the City Clerk 2re hereby authorized and directed to
execute , on behalf of CITY, that certa in Agreer�ent between DISTRICT and CITY datec�
March ;;� , 1964, a copy thereof being attae�ed hereto, labeled Exhibit "A'• and by �
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reference incorporated herein as if f u11y set forth. The Mayor and Citq Clark 2rt fur-
ther authorized and dirccted to iseue such per�nits f or the construction an� instal�ation
of said interceptor line within and under the CITY'S streets as specified in the 2for�-
G -' ^�-^�T:�nt anc� as deter�ined znd aporovad b y the CITY'S Engineer. Such �lgree�!�:nt,
upon execution by all the parties thereto, shall thzn be recorded in the Off ice of the
Kin� Count;� Auditor at the expense of DIS TRICT, and copies thereof f urnished unto the
owners of property located within the CITY and abutting upon said interceptor s�wer line
here inabove referred to.
PASSED BY THE CITY COUNCIL this 2nd dsy of March, 1964. _ ,
. ���°��-�--,
Helmie Nelson, City �C�.erlc -
�PPRO�'ED BY 'FHE Nl�YOR th i s 2nd d a y of Mar ch, 1964. � �i
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�PPROVED �1S TO FORAS: �-,�/�`y,.�� �i.���//� � .
/Frank Aliment, Mayor _
" �-� � -' i:.. ;;_�ellan, City Attorney
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II AG RE I: �i � i� T r
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T;II5 AGi2EEi�AJT, r,tade and cnte�ed into this 27th . �ay of
i�larch, 1J64, i�y and bet�veen CASC�IDE SEiJETt DISTRICT, a murl�.�i�a�. carpor�tion of
tIxe State of ,Jashingtori� Iiereinafter c�11ed '}bIS'�RIC'T", and the CI"I'Y OF RENT4N,
I a �nicinai carpo�'��ia» af th� State af r�ashington, iiereinafter called "CITY",
� . 's'JI TNESSIiTiI:
T.iAT .J:IER�AS, tlie District and the City are situated conti;�zously in
I:ing Caunty, State of ':lashington, and
�lIiEREAS, the District Iaas nrenared constructian nlans and called for
,� contract �icis far constructian of an intercentor seseer 2ine to extend from the
nresent se�ver system 4perated �y the I}istrict, W1L�13.I2 a.ts boundaries, and to run
through certain portions of tlYe City ta collection trunk setaer lines constructed
by the t3unici�ality of i��ietronolitan Seattle, and
''JiIEREA.S, certain areas hereinafter described situated within the boundaries
of the City may also be served byuse of said znterce�tor line, thereby eliminating
the necessity of the City constructing such txunlc facilities, and
1:I-fERCAS, the District is �aillin� and able ta construct and pay for the
; costs af said 2ine and the City is willzn� and desirous ta reimburse the District
for an agxeeci u�an portion of said constructian costs, according ta the terms and
conditions hereinafter set fortli.
� ?�30'�J, TIiEREFORE, IT IS iIER�BY P�fUTUALLY COVENA�'�dTED AND AGREED by and between
tt�e paxties hereto, as follacvs:
1. That the sntire constructzon cost of said interceritor Izne, accarding
to the en�;ineering plans therefox, l�eretafore nrepared by the District �nd ap�roved
by the City, shall be naid by the District.
2. That said Iine s1�a12 be constructed tizraugli and acrass certain areas
within the City of Renton, iiing County, �rashingtan, described as foilows:
T7is follei+ring description located in �:ing County, jJashingtan,
descxibed the centerline routs of the �roposed Interce�tor Se�aer
fram its t�oint of discharge into the Trunk Se�vers of the i�;unici�ality
� of i�ietropolitan Seattle to tlie Soutiierly line of the 5eattle Cedar
River pipe line right-of-�vay, �vhich is also the city limi�s of Renton:
i3eginning at the intersection of the idorth Iine of the NE i/4 af Section
21, Township 23 Noxth, Range S �ast :+.�.t., and the �toxthc�resterly margin
� of the City c�f Seattle's �texcex Isl.and pineline R/;��, said intersectian
also being idoxth 894�0'24" l�rest 1112.45 feet from the iJortheast corner
of said Sec. 21; thence South 28�23+,q++ ,��st along said :Vorth�ae�teriy
maxgin 1,OQ8.02 feet; tt�ence Souttz 61°3G'06" East pernendicular to said
Nort}xwesterly margin 5.00 feet to tlie true noint flf �eginning; also
laeing existing 1letro ii.il. R-10-33;
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(1� Thence Sauth 28°23'S4" ,lest 913.OQ £eet;
(2) Thence Sauth 8�°04'OJ'" 1Jest 84.50 feet;
(3) Tiience Nor�h 32°O1' 11" iJest 133.00 feet;
(4) Thence iJorth 8Q°15'03" nJest 1,213.76 feet;
(5) Thence South I4°I3'42" siest 321.J0 feet;
(G} Thence 5autlt 36a27'ST" :�est 428.J2 feet;
{7} T7ience Sauth 40°52'44" t'Jest 295.G� feet;
(8) Thence Sauti� 72°39'42" �',est 282.20 feet;
(J) Thence South 48°08'23" tJest 3�?.00 feet;
(10) Tl�ence South 14°2G'S9" slest 54.Q8 feet;
(11) Thence South 41°51'37" East 742.00 feet;
(12) T7ience South 47°41'q0" East 762,73 feet;
(13) Thence Soutli 11°26'S4" i'Jest 603.91 feet;
(14) Thence Soutli 11°03'08" �9est 104.00 feet.
The entire route of the interce�tor sezvex iait�in the City af Renton,
the centerline of �ahich isdescribed above, is lacated an easements
I except the follacain�;, which are on Public Riglit a£ ytTay:
City of Renton streets;
The most South��esterly 105.QO feet of Caurse (9� ;
All of Caurse (10� ;
The most North�uesterly 37.4J feet of Caurse (11) .
The City shall grant to the District a permit for the construction, oreration
and maintenance o£ said line, subject to the texms and canditions of this
Agreement.
3. That said line shall be used, o�erated and rnaintained by the
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District and by the City for service of their pxesent and future customers fox
transferring secvage collected by the District and by tlie City ivithin their
�� � respective territaries for delivery ta the I+letro trunk Iine and no payment or
service charge therefox shall be xequired by either of these �axties one ta the
' e of such use other than as hereinafter set forth herein
other for the pxivil ge ,
far reimbuxsement of construction costs, maintenance and repairs.
', 4. 'Fhat the City shall have thc right zo authorize connections ta
� said line by praperty o�vners of prot�erty situated �vithin the boundaries af the
City of Rentan, Kin� County, �Jashzn�ton, described as fo].lows:
That portion af Sec. 21, Toti+mship 23 i�arth, Range S
East t�3.t�i, l,ying South af the Cedar River and i3oxth
of the Sauth line of the Seattle Cedar River Pine3ine RjtV,
exce�t the East 1/2 of Sc�utt�east lJ4 and except the
Southeast 1i4 of �dartheast 1/4 af said Section 21;
Alsa, that portion af the Easterly 1/2 of Sec. 20,
Township 23 PJorth, Range 5 East tV.P1, from which the
j sanitary sewage is carried �asterly or Sautheastexly in
the future across 116th Ave. S.B. and into said Sec. 21
ar into Seco 28, Township 23 i�doxth, Range S East t�t.?��.
uncter such �erms and condiLions as the City r�ay estab3ish for making such connec-
tions. The City shall alsa have the right to aut��orize connactions to said line
by pro�erty owners a� property tivhich may hereafter annex to the Czty, under the
i same terms and conditions as provided hexein for �roperties now situated within
the bt�undaries of tlle City.
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S. No nerson, firm or cornoration sha�ll be granted a permit, or be author-
ized to tap into, hook onto, or use said sewer intercentor line, has hereinabove �,
described, during a period of thirty (30) years from date hereof c�ithout first '
naying unto the City; in addition to an'y and all other costs and charges made or
assessed for su"cli hoolctin, tap, or use, ai� amouiit of not less than $.013 ner square
foot of area inc�uiied in any 'such p�operties fr�r w3�ic3i connections are allowed by
, the City. All amouiits �eceit►ed t�y th� �ity 51ia11 be naid out by it unto the I
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District under the terms of tliis Agreement within sixty (60) days after receipt
thereof. ��,rthermoi�e, iri case any tag, hookup, or connection is made into any
such inte����ito� s�wer, without such payment first having been made as hereinabove ,
set fc�rth, the City Council of tlie City of Renton may remove, or cause to be
removed, such unauthorized tap, hool:up,,,.or connection, and all connecting tile
or pine located in tiie-- �ility ri�lit-o£-way, and dispose of unauthorized materials
so removed, without any liability whatsoever to any narty.
' It isc�cpressly understood that the aforesaid minimum charge per sauare
foot, (based on the provisions of R.C.�d. 35.92.025} ,shall not prevent the City from
adding or imposing such other re.asonable charge for collection and boolckeening
services, including taxes, if any, that may reasonably be incurred by the City, '
in providing for the collection �service herein undertaken for and on hehalf of the
District; it being stipulated that the aforesaid per square foot rate is solely a '
method of ineasurement of the amounts due and o�oing to the District for properties
allowed to connect and use said intercentor line facility.
6. T}iat as betiveen these parties, it is stipulated that the n ronortionate '
share of costs of said interceptor line, as located within the boundaries of the '
City, is approximately �60,OQ0.00 and tliat it is the District's intent to be
reimbursed by the abutting property owners for sucli costs. It is exnressly agreed
and covenanted byand bet�ueen the parties that the City does in no caay warrant I
rayment of any such sum, or sums, during the life of this Agreement, and that the I
City's obligation hereunder shall be Iimited solely and exclusively to the collec- II
tion of c}iarges, asabove stated, from property owners who wish to hook up and
connect to said interceptor sewer trunk line. No interest shall be charged the
City upon such sum, or any other sum, bythe District, and the City's aaency for
collection pur�oses on behalf of the District shall not impose in any way any
liability or other costs unon the City, and the District hereby agrees to hold the
City harmless £rom any liaUility relating to the costs of installation, or the
District'sbonded indebtedness in connection theretoith.
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?. That maintenance costs, re a9.rs and o eration necessaxily incurred li
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far said interce�tor ,line within t1�e boundaxies c�f the City shall be boxne on a
praportionate basis determined on the same ratio as the number of users served
by the Dist�ict Uea'rs `t'ta t�ie number of users served by the City usins; saic� inter-
ceptor �,iri'e, Damage �0 5aid interceptor line which may be caused bythe neglip,ence �
of either these �,arties, t�ieir a�ents or assigns, sha12 be xenaired by tlle
I respansible party. I
' 8. That awnership of said line shall remain in the District unti.l the I
expiration of a pexiod of thirty (30} years fram date hereof or �ayment in full of I
the present bc�nded indebtedness af the District ar subsequent bonded xndebtedness .
i.ncurred far the pur�ose of refinancin� thereof shali have been paid in fuli,
whichever event shall came first, or as otherwise �rovided by la4a. Ttrexea£ter,
� the City sliall b� under na further obligation to collect or remit any other or
further suins to the District as reimbursement fox construction costs and ocuner-
ship of said line s1�a11 be jointly vested in the Distxict and the City, �aith fuli
and complete right of use thereof allo�aed to each party and with expenses of
maintenance thereof continued unon the same prapartionate basis as hereinabove I
set fort�z. I
9. In tlie event said iine shall become inadec�uate to serve Lhe entire area
lying within the District and tl�e City, preference sha12 be given ta the District I
and its users and the City shall, as additional lines become availahle, divext i
sewage collected �vitha.n the District into naxall.el and additional trunk Iines, �
c�hich it is eontem�Iated i�oulc� then be available as Iines necessarily constructed j
in development of said t�ra�erties to such extent.
IN C'JITNESS I^1IlEREOF, the parties nereto have set their izands and seals this
27thday of A�arch, 1964.
CASCADE SE'' R DISTRICT
�y: i� � f �
Cl2aixman`' ' �
��: ����.�'.�_ / �
_Secretary "
i CITX OF ENTON ,
�Y• �I��>'�� ,
� " Playor "
Attest:
�`'��—����-�.� i��=��v�.J
City Clerk
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STATB OF t1ASHINGTON } I
ss. I
Ct�UNTY 0 F I:I.�i G )
4n tl�is 27th day of A]arch, 1964, before me, the undersi�;r�ed, a
Notary Public in and far the 5tate of !'Jashington, duly commissioned and
sworn, personally appeared L01"JELL V. LECIC�NBY and GHARLES iJ. BAYLESS, to
me known to be the Chairman and Secretary, respectively, of CASCADE SE:J�R
DISTRICT, a municipal corporation of t}xe State of ,Vashington, the corporatian
that executed the fore�oing instrunent, and acknowledged the said instrument ,
ta be tl�e free and voluntary act and deed of said coxporatian, far the uses
a�d purposes therein mentioned, and on oat�t stated that they are aut3�.oxized
to execute the said instx�ument and tl�at the seal affixed isthe corpoxate II
ssal of said coxporation, I
i�JITNESS my hand and official seal hereto affixed the day and ,
year in this certificate abave ���ritten.
' � ' t . - _ b��-4-_.------._
-. ` � Notary Public in and for the State
�. � af IJashington, rssiding at Rentan
STAT`E OF tJASHINGTON )
ss.
e���r o� xz�c }
'T� �, ,
Qn this j G� day of• , 1964, before me, the undersigned, a
Notary Public in and far the "r��tr e ��!' hington, duly commissioned and
sworn, nexsanally appeared ��,��iE��and IIELI�IIE NELSON, ta me known
to be the ��layar and City Clerk, reSn�ctively, of TI-IE CI"TY OF RENTON, a
municipal corporation of the State o£ ,Jashington, th�e cor�oration that
executed the foxegoing instrument and acknowled�ed the said instrument i
to be �he free and voluntary act and deed of said corporation, for the
uses and t�urposes therein mentioned, and on oath stated that they are
authorized to execute tt�e said instrument and that tl�e seal affixed is
the corporate seal of said carporation,
�'JITIVESS my hand and official seal hexeto affixed the day �fl�
year in this certi£icate above written. ��;�� �.
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Nota���Pub2ic in and far the State
af ��tashington, residing at Renton
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RATIFICATIOi'1 OF AGRE�A9Ei�iT'
The undersigned, being the principal owners of properties
hereinabove described, situated within the boundaries of the City of
Renton, in consideration and reco�nition of the obligations incurred by
the City of Renton under the terr.is and conditions of the £oregoing
Agreement, do hexeby ratify and acknowledge the obligations thereof to
the extent that said Agreement affects our real nronerty hereinabove
described.
l�de do hereby ackno�vledge uron behalf of ourselves, our
heirs, executors and assig,ns that none of our said nroperties may be
connee�ed to the se�uer trunlc main being constructed by Cascade Sewer
District until payment has been made to the City of Renton of such
connection and hook-up fees as may be established by the City, tahich
amount will include the �.013 obligation of the City to the District as
hereinabove described.
DATED th is ��� day of hlarch, 1964.
VIKING I:�VESTD�NT CO ORATION ,�� �
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, By: _ � �,
'Presi � � '
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B . - .. �
�'P'reasur(er ``' "�
�. ���s �
ARNE G. GOEDECICE, in i 'd.�i�lly.and as
Attorney-in-Fact for Louise h1. Goedecke,
his wife
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STATE OF :�ASIiINGTON )
ss.
couN�r oF xlr�c �
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On this �0-- day of P�tarch, 1964, before r►e, the undersigned; a
Notary Public in and for the State of 4Vashington, duly commissioned and
s�vorn, personally appeared IC. A. SAND'�:'ICK, JR. and ROBERT C. DETRICH, to
me kno►an to be the President and Treasurer, resrective2y, of VIKING
IiWESTA1Ei'tT CORPORATION, the coruoration that executed the foregoin�
instrument, and acknowledged the said instrument to be the free and
voluntary act and deed of said corporation, for tlie uses and purposes
therein mentioned, and on oat}i stated that they are authorized to execute
the said instrument and that the seal affixed is the coxnorate seaZ of said
corporation. �
tdITNESS my hand and official seal hereto affixed the day and year
in this certificate above �vritten.
, � ' � �i�-
�i -� , Notary Public in nd for t� ate
� _- of �7ashington, r�iding at
STATE OF iVASHINGTON )
ss.
COUNTY OF KING )
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On this ,�6 -- day of Alarch, i964, before me, the undersigned, a
Notary Public in and for the State of :�ashington, duly commissioned and
sworn, personally ap�eared ARNE G. GOEDECKE, Individually and as Attorney-
in-Fact for Louise P•1. Goedecke, his tiaife, to me known to be the individual
that execufied the foregoing instrument and acknotivled�;ed the said instrument
to be his free and voluntary act and deed, for the uses and purposes therein
mentioned.
's`lITNESS my hand and official seal hereto affixed the day and year
in this certificate above written.
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, - . ' � . � ����I /n �, , /
' - ` Notary Public in a d for th� t„�te
t- � of :�Jashington, res�ing at
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