The URL can be used to link to this page

Home My WebLink AboutA 5908740 a . . �,� , . � , ,. . . , � �. t��C�� j�AC�� . � . � � • � ��'�'�'�� ` � . . •t •;- . , � , > . _ y � � � � � I �' .� � � � METRO - RENTON WATER MAIN AGREEMENT � �� y� � �� , �HZS, AGREEMENT, ma� by and between the CITY OF RENTON, �� • . � �� WASHINGTON, .a municipal corpor�ation of the State of Washington, �3 �� hereinafter referred. to as the "City,`' and the MUNICIPALITY OF METROPOLITAN SEATTLE, a metropolitan municipal corporation "q;� �i� ,:,r� ;..�.., ;�t�;: - „ State of Washington, hereinafter referred to as "Metro" , i W I T N E S S E T H: 1 ro ert WHEREAS, Metro owms the following described rea p p y � situated in King County, Washington; � Parts of Government Lots 2, 5 and 6, the NE 1/4 of the , '`� NW 1/4 and the SW 1/4 of the NE 1/4 of Section 24, Town- �� ship 23 North, Range 4 E.W.M. , King County, Washington,``�-, � as more particularly described hereinbelow: � Commencing at the Northwest corner of Section 24 , Township 23 North, Range 4 E.W.M. , as established by King County Aerial Survey Coordinates (Existing �onument) ; thence South 87° 26 ' 48" East along the north line of Section 24 , a distance of 2692.56 feet, more or less , to the North 1/4 corner of said Section, established by a survey and the ties thereto, together with the King County t�erial Survey Coordinates, filed with the King County Engineer; thence South 0° 55 ' 30" West along the north-south center line: of said Section 24, the bearing of which is based on the angle in the southwest quadrant at the North 1/4 corner as determined � from King County Aerial Survey Subdivision of said Section 24, a distance of 609.118 feet to the true point of beginning of this description; thence South 89° 04 ' 30" East along a line perpendicular to said north-south center line of Section 24 , a distance of 470.00 feet; thence South 0'° 55 ' 30" West along a line which is 470.00 feet easterly of and parallel with -� said north-south center line o� Section 24, a distance of 1402.37 feet, more or less, to the intersection thereof with the northerly line of the right of way of the Northern Pacific Railway Company; thence southwesterly, wester3y, and northwesterly, along said northerly line of right of way, to I the intersection thereof with the northeasterly line of 72nd Avenue South; thence nor.thwesterly, northeasterly and ' ,..; northerly along the easterly line of said 72nd Avenue South �," . to the intersection thereof with a line bearing North ,�� 89° 04 ' 30" West from said true point of beginning; thence ` S South 89° 04 ' 30" East along said last mentioned line, f �� 1046 .33 feet, more or less, to saict true point of beginning �'� of this description; ' and WHEREAS, there are no facilities for public water distribution serving the said property; and d 1� �'`,- vfl� . '�� :� . � : � � � � . . , . , , a � . �. �s ' � 3 � WHE�REAS, Metro� and the City desire that public water I � facilities be constructed to serve said property, subject to � ,� certain terms and conditions; and f WHEREAS, the said property and the water mains necessary to serve the pro�aerty are ali within the .corporate limits of the City; NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, IT IS HEREBY AGREED as follows: Section 1. Metro sha�ll construct a water main to serve the above-described property according to plans and specifications to be prepared by Metro and approved by the City and shall acquire all necessary rign.ts of way therefor. Metro shall let the contract for such construction after the approval by the City of the plans and specifications and shall be responsible for completion of the work, inciuding the connection of said water main to the existing public water service facilities of the City. A11 costs incurred in the acquisition and construction of the water main facilities shall be paid by Metro. The City shall inspect the facilities being constructed at such reasonable times and in such manner as ' the- City may deem necessary and shall bear the costs of such inspection. Section 2 . • Promptly af ter the completion of said facilities the City shall, if the facilities conform to the plans and specifications therefor, notify Metro in writing of the City's approval of such construction, and upon receiving notice of approval Metro shall convey to the City by dee.d or assignment in form satisfactory to c ounsel for the City at no cost to the City, except as set forth in Section 4 hereof, that portion of such water main faciZities from the connection thereof with the City Water System up to but not inc�.uding the Metro water meter (s.ame being hereinafter called '°the Metro water main facilities'°) . Upon such conveyance the City shall own, 2 I,� �. .. . : ._ . :��:��` ��c�� and shall be responsible for all maintenance, operation, replacement, � repair or relocation of, the Metro water main facilities. �.a Section 3. Upon approval and acceptance of the Metro � � I water main facilities, the City shall charge such rates for water distributed therefrom as it may be authorized by law to establish, prwided that for the purpose of applying such rates Metro shall not be classified separately or differently from all other water users with water meters of equal size. It is agreed that Metro may install an 8" magnetic flow meter and same shall be considered to be equivalent to the standard 8" mete.r now used by the City. Section 4. No person, firm or corporation shall be granted a permit or be authorized to tap into, hook onto or use said water main facility during the period of time described in Section 8 of this agreement without first paying to the City, in addition to any and � all other costs, assessments or fees made or assessed for such taps, hookup or use as prescribed by the. Ordinances of the City of Renton, I the amount required by the provisions of this Agreement. Al1 amounts I received by the City sha11 be paid to Metro within the time specified in Section 6 . Furthermore, in case any tap, hookup or connection is made into any such water main facility, without such payment l�aving first been made as herein 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 tiie or pipe located in the facility right-of-way, and dispose of unauthorized material so removed, without any liability whatsoever to any party. If any person, firm or corporation wishing to connect to or tap into said water main facility is unable to pay, in cash, the appropriate amount described herein, then, with the written consent of i�etro, � installment payments may be permitted but the City shall not incur any 3 ,�VL r •• , " _ • , • .• ; ' . ' � � liability for the payment or enforcement� of such installment contract � except to r�mit the amount collected to Metro as herein provided. Furthermore, if the City, by reason of the provisions herein contained, is made a partg to any litigation, then Metro agrees to I indemnify the City from any and� all expenses and costs incurred in the � defensei.of any �uch action; it being expressiy stipulated and agreed t hat the City`s liability shall be limited solely to the collection of and remittance to Metro of the charges herein specified to be charged to any party wishing to connect to said water main facility. The amount of trie charge to be made for connection to said water m ain facilities shall consist of a frontage portion and an acreage portion determined as follows: A. Frontage. Those properties abutting directly on the Metro water main facilities sha1Z pay a charge in dollars equal to the number of feet of such property fronting on such facilities multiplied by a rate per front foot determined by dividing one- half the total. cost of the Metro water main facilities by 9 ,00.0, the latter figure being the total front feet abutting on the i�etro water main facilities. B. �creage. A11 properties located within the area described in Exhibit A attached hereto anct by reference made a part nereof, including properties fronting on the Metro water main facilities and paying a frantage_ charge, shall pay a charge in dollars for each_ acre or fraction thereof equal to one-half the total cost of said facilities divided by 300., the latter figure being the total acreage benefited by said facilities.. Section 5. For the purpose of computing the charges described .in Section 4, the total cost of the Metro water main facilities shall include all costs of construction and connection, � right of way, plans and specifications, permits, administration and legal costs, and any other necessary expenses incurred in the 4 - ; �` - --- -- — — - - -- - ---- -- _ -- -- � -- - — - --� �- . . . . . - vo� �. ��.� � construction of said facilities or their transfer to the City and � such total cost shall be endorsed by the parties on Exhibit B hereof following completion of the work. Section 6 . All amounts received by the City from connection charges determined as provided in Sections 4 and 5 shall be paid by the City to Metro within sixty (60) days after the receipt thereof. If any tap or connection shall be made into the Metro water main facilities without such, charges having first been paid to the City, the City shall forthwith cause such unauthorized tap or connection and all connecting pipe located in the Metro wat�r main right of way to be removed unless such charges are immediately paid and shall deliver no city water to the property served by such u.nauthorized tap from any facilities connected to the City Water System directly or indirectly. Section 7. Whenever the cost or any part thereof of any additional water mains, whether local or general, are to be assessed against the owners of any real estate described in Exhibit A who have not paid charges as provided in Section 4, and such water mains . will be connected into or will make use of the Metro water main facilities, there shall be included in the City Engineer's estimate before the hearing on any such water main improvement, separately i temized as a part of the cost of the improvement and separately assessed, a sum equal to the charge determined from Sections 4 and 5 hereof as the pro rata share due from such properties for the water main facilities constructed hereunder. � . Section 8. This contract shall be in fu1.1 force and effect for a period of fifteen (15) years from the date hereof unless sooner �erminated by mutual agreeznent of the parties. Section 9. Neither of the parties hereto shall have the right to assign this agreement or any of its rights and obligations 5 I . �l�t� i p�� - , , � , , . . ! : . . hereunder nor to terminate its obligations hereunder by dissolution � or otherwise without first securing the written consent of the other � party, and this agreement shall be binding upon and inure to the benefit of the respective successors of the parties hereto. Section 10. Each party hereto agrees that it. will execute any and all instruments, and documents and enact any and all resolutions or ordinances necessary to give effect to the terms of this agreement. Section 11. No waiver by either party of any term or condition of this agreement shall be deemed or construed as a waiver of any other term or condition, nor shall a waiver of any breach be deemed to constitute a waiver of any subsequent breach, whether of the same or a different provision of this agreement. Section 12 . In addition to the remedies provided by law, this contract shall be specifically enforceable by either party. Section 13. This agreement merges and supersedes all prior negotiations, representations and agreements between the parties hereto relating to the subject matter hereof and constitutes the e ntire contract between the City and Metro concerning the financing and construction of water main facilities, but nothing � herein contained shall qualify or condition the rights and duties of the parties under that certain Agreement For Sewage Disposal dated May 2, 1961. IN WITNESS WHEREOF, the parties hereto. have executed this agreement as of the /�-�iday of °. , 1965. � CITY OF RENTON " �� `' s� q+ �•� •��..�...��`1o�L� j, , � • ` �� l� ,(/Ci� � �,.�'Y'� �� V, ; Y ' a By Z`�.G �:., � A�TE 5�:1'"� f��, � � r Mayo r ' }� �.;t J..�. ' ; '' �' . . � � c. ,� �� ,-� ! �/� �`' + '-- .•C� .0 er Qj`,�� '. ♦�w�'�''� , 6 , �� - � . . � , ' • . � �'Y�t � . -- , . PAGE :•.. . L'.�5'.=�• •f�t •� . � • MUNICIPALITY OF METROPOLITAN SEATTLE �: �, • . . : � • .�r = � �, r Il � " �Y �� l � . C. Carey/ DoiYWort I �� + � . . Chairman of the Council � � ,� , ' , � AT2'EST t � aralyn Sul ivan erk of the Council 7 � .��4�� 5�d �. , • . , � � ' i � , . EXHIBIT A BOUNDARY DESCRIPTION OF PROPERTIES � SERVED BY METRO WATER �AIN FACILITIES � � Portions of Sections 13 and 24, ALL in Township 23 North, Range 4 East W.M. , King County, Washington; said portions being more particularly described as follows: Beginning at a point in the SW 1/4 of said Section 24 where th�e easterly line of the joint right of way of the Northern Pacific Railway Company and the Great Northern Railroad Company intersects the northerly line of Primary State Highway No. 1 R.E. ; thence nor�hwesterly along said easterly line to intersection with the easterly line of the Chicago, Milwaukee, St. Paul, and Pacific Railway Right of Way; thence northerly and � easterly along said easterly line of the Chicago, ivtilwaukee, St. Paul and Pacific Railway Co. to point of intersection with the 16th line in the SE 1/4 of said Section 13; thence southerly along said 16th line to intersection with the north line of the South 1/2 of the I SE 1/4 of the SE 1/4 of said Section I3; thence easterly along said north line to intersection with the easterly line of 83rd Avenue South extended northerly; thence southerly along said northerly extension and easterly line of 83rd Avenue South to intersection with the north line, of Primary State Highway No. 1 R.E. ; thence westerly a long said northerly line to the point of beginning. EXHIBIT A l _ . , .�_ - ,-. : . . � . � . , ' - . . , �� .��f.. `� . � . ., , . EXHIBIT B TOTAL COST OF METRO WATER MAIN FACILITIES $ - 36,324.34 - Approved this 5�'� day of � , 196� ', ��l�_`_`. l` CITY OF RENTON gy �� v � Mayor ATTEST: . ' � I � ity C er MUNICIPALITY OF METROPOLITAN SEATTLE i � By � I C. Care . onw rt Chairman of the Council EXHISIT B �.��' ��c��€�� - � • , _ , _ - . . . .. , . . . . . , � . . , . . . . , . � � ' a A STATE OF WASHINGTON ) � ss. COUNTY OF KING ) , Z`; ' On this � day of ,� .,�� , 1965, before me personally appeared DONALD W. USTER and HELMIE W. NELSON, to me known to be the Mayor and City Clerk, respectively, of the City of Renton, a municipal corporation, and acknowledged the within and foregoing instrument to be the free and voluntary a�t and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said _ir�strument and that the seal affixed is the corporate seal of said corporation. �; � •�N WITNESS WHEREOF, I have hereunto set my hand and affixed i �,�: my�o�fi�cial seal the day and year first above written. i. 7A t' .\' C � ' ,� ,� �JOTA��{ " • ,_ .� I, . : �, r,.c +3 �� n yr' � `'�� .V/ ✓� �� V � / /' I � �� ' Y A h f.� C.�, � ♦� � i" . �•,�'�. z�; .�. �� Nota y Pu ic in an or t e tate � v.- ,; ,��•� of ashington, residing at ��,, ,� � STATE OF WASHINGTON ) � ss. COUNTY OF KING ) On this /�' � day of , 1965, before me personally appeared C. CAREY DO OR �—MARALYN SULLIVAN, to me known to be the Chairman of the Council and Clerk of the Council, respectively, of the Municipality, of Metropolitan Seattle, a municipal corporation, and acknowledged the within and foregoing instrument to be the free and voluntary act and deed of saicl corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. IN tn1ITNES5 WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. � �l _ ��.�'CN� . Not, y Pu ic in and for e tate ' `• • of Washingtan, residing at Seattle file�d for Reto a2,�f �,Z,��M keqw�r of RQ@��T A. MOR�15, County Auditor • ' # . .. �- ' .., " - ' .r _ ' ` �' '< - . r ♦ , , r ... ,. ` � � «` � � .. .. . � � ` ' . �F` :� ' ��+ . .�{ . ``�� ,�� tt°s��b'.�+� 'u�� ° ES3t�� z � ��; �� '� " ,. . - �, tj�(��; ,"�:��682 Deecl�,#_ . . •, �n��. ..�,��..... �...t..`f.r�ii t�� I r�.�_ __ ;�'� ; . � i� Q� -,,, � ri I r r 1� �r n+,.� .. .., `l r'' .. f � � . �'��=`F�-• -,r��.....�. .r , � , , �{^ � ' � - �;, • . i . t ' ' � j b �.� - `� . i 4�c1 , t , c y � .. ✓-J t ^�� , � . . Y. •r