HomeMy WebLinkAboutA 20221021000426Instrument Number: 20221021000426 Document:AG Rec: S212.50 Page-1 of 10
Record Date:10/21/2022 11:06 AM
Electronically Recorded King County, WA
After recording return document to:
City of Renton
City Clerk's Office
1055 South Grady Way
Renton, WA 98057
Grantor(s): Ruslan Koval and Zoryana Koval, husband and wife
Grantee(s): 1. City of Renton, a Washington municipal corporation
2. Coal Creek Utility District, a Washington municipal corporation
Abbreviated Legal Description: LOT "2" OF KC SP# SPLT18-0017 REC# 20210604900006
SD SP BEING POR OF SW 1 /4 OF SW 1 /4 OF SW 1 /4 STR 34-24-05
Full Legal Description on Page(s) 9 of document
Assessor's Tax Parcel Number: 342405-9165
Reference Number of Related Documents: N/A
AGREEMENT FOR INTERIM WATER AND SEWER SERVICE
BETWEEN COAL CREEK UTILITY DISTRICT,
CITY OF RENTON AND PROPERTY OWNER
This Agreement for Interim Water and Sewer Service ("Agreement") is made and
entered into by and between Coal Creek Utility District, a Washington municipal
corporation ("District"), the City of Renton, a Washington municipal corporation ("City"),
and Ruslan Koval and Zoryana Koval, husband and wife ("Owner") (individually a "Party"
and collectively the "Parties") for the purposes stated below.
RECITALS
A. The District is authorized to provide public water service and sanitary sewer
service to real property located within and in proximity to its water and sewer service areas,
per adopted water and sewer plans. The City of Renton, an optional municipal code city, is
likewise authorized to provide public water and sanitary sewer service to real property
located within and in proximity to its water and sewer service areas, per adopted water and
sewer plans.
B. The Owner owns certain real property located within the District's water and
sewer service areas, having King County, Washington Tax Parcel No.342405-9165, legally
described on Exhibit A and depicted on Exhibit B, attached hereto and incorporated herein
by this reference ("Property").
Instrument Number: 20221021000426 Document:AG Rec: 5212.50 Page-2 of 10
Record Date:10/21/2022 11:06 AM King County, WA
C. The Property requires extension of the District's water and sanitary sewer
systems to make those utility services available to the Property for development of the
Property. The District can provide water and sewer service to the Property by extension of
its public water system and sanitary sewer system to the Property; however, the District
presently does not have water or sewer facilities in close proximity to the Property.
D. The City's water and sanitary sewer systems are in close proximity to the
Property. The Owner has requested that the District grant permission to the City to provide
water and sewer service to the Property on an interim basis, until the District's water and/or
sewer systems are extended to the Property.
E. The City can provide interim water and sanitary sewer service to the Property
and is willing to provide those services to the Property on an interim basis until such time as
the District has facilities in proximity to the Property, in accordance with the terms and
conditions of this Agreement. The District will agree to allow the City to provide water and
sewer service to the Property on an interim basis in accordance with the terms and conditions
stated in this Agreement, including the requirement that if the District, in the reasonable
exercise of its discretion, determines that District water and/or sewer lines are available to
serve the Property as defined in this Agreement, upon notice to the City and the Owner, the
City shall cease providing interim water and/or sewer service to the Property after the
Property Owner connects the Property to the District's water and/or sewer system at the
Owner's expense and receives permanent water and/or sewer service to the Property from
District.
Therefore, in consideration of the terms and conditions set forth in this Agreement,
the Parties agree as follows:
AGREEMENT
Section 1. Interim Water and Sewer Service. The Parties agree that the City may
provide to the Owner, and the Owner may receive from the City, interim water and sewer
service to the Property, under the following terms and conditions:
1.1 The District shall allow the Owner to, and the Owner shall, connect the
Property to the City's public water system and/or City's sanitary sewer system located at the
southwest corner of real property having the mailing address of 9546 132°d Avenue SE,
Renton, Washington as required by the City. The Property shall receive sewer service
through a grinder pump system subject to all terms, conditions, regulations and policies
required by the City.
1.2 As a condition of service and prior to connection to the City's water and
sanitary sewer systems, the Owner shall pay to the City all fees and charges the City imposes
as conditions of connection to its water and sewer systems, any and all King County right-of-
way permit and inspection fees for work performed by the City in King County right-of-way
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Instrument Number: 20221021000426 Document:AG Rec: $212.50 Page-3 of 10
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for connection and/or disconnection of water and sewer service to the Property and, with
respect to sanitary sewer service, shall also pay to the King County Department of Natural
Resources and Parks - Wastewater Treatment Division (formerly METRO) all connection
charges and sewer services fees and charges imposed by that agency.
1.3 The City shall provide water and sanitary sewer service to the Property on
the same terms and conditions as it provides service to similar real property within the City's
water and sewer service area and according to the City's ordinances, resolutions, rules and
regulations and as such ordinances, resolutions, rules and regulations may be amended and
superseded in the future, and the Owner shall pay the City for such water and sewer service.
1.4 The Owner and the City agree that, upon notification from the District of
the availability of water and/or sewer service to the Property, the Owner shall disconnect the
Property from the City's water and/or sewer system(s) and connect the Property to the
District's water and/or sanitary sewer system(s) at the Owner's sole cost and expense. For
purposes of this Agreement, the "availability of District water and/or sewer service to the
Property" shall be defined as District water and/or sewer lines being in the right-of-way
fronting one side of the Property. The District shall provide the City and the Owner at least
twelve (12) months' prior written notice of the availability of the District's water and/or
sanitary sewer service to the Property and the effective date of District's provision of water
and/or sewer service to the Property. Upon the effective date of the District's provision of
water and/or sanitary sewer service to the Property, title to and ownership of the water and/or
sanitary sewer service shall be transferred to the District. The Owner shall pay to the District
all fees and charges for connection to the District's water and/or sanitary sewer system(s), in
the amount established by the District at the time of the Property's connection to the
District's water and/or sanitary sewer system(s). Thereafter, the District shall provide water
and/or sanitary sewer service to the Property. The water and/or sanitary sewer system shall
be maintained and operated by the District as part of its public water and/or sanitary sewer
system. The District shall provide water and/or sanitary sewer service to the Property in
accordance with District's resolutions, rules and regulations, and as such resolutions, rules
and regulations may be amended and superseded in the future. The Owner shall pay the
District for such water and/or sewer service; the Owner shall also pay to the King County
Department of Natural Resources and Parks - Wastewater Treatment Division (formerly
METRO) all sewer services fees and charges imposed by that agency, if any additional fees
or charges are required by that agency. All fees and charges collected by the City from the
Owner for connection and disconnection to the City's water and/or sewer systems, or for the
City's water and/or sewer service to the Property, shall be retained by the City.
1.5 The Owner agrees to participate in and waive protest formation of any
utility local improvement district ("ULID") for the purpose of constructing water or sewer
mains and related improvements that will serve the Property. The Owner agrees to sign a
petition for the formation of a ULID for such improvements at the time a petition is
circulated or the District requests that the Owner sign such petition. The Owner appoints the
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Instrument Number: 20221021000426 Document:AG Rec: 5212.50 Page-4 of 10
Record Date:10/21/2022 11:06 AM King County, WA
President of the District Board of Commissioners to sign any ULID petition for the Owner as
the Owner's attorney -in -fact should the Owner fail, refuse or be unable to do so. The Owner
understands that property owners have the right to protest the formation of a ULID to
construct water and/or sewer improvements. The Owner agrees to waive the right to protest
the formation of a ULID for the construction of such improvements. The Owner further
agrees that the provision of water and/or sewer service to the Property by the City as
provided in this Agreement shall not be considered in the calculation of any assessment for
the Property under any such ULID, and any assessment for the Property shall be made on the
basis that the Property is not then receiving water and/or sewer service. The Owner retains
the right to protest the amount of any ULID assessment. The Owner's waiver of the right to
protest and the method of calculating any ULID assessment for the Property as without water
and/or sewer service shall be a covenant running with the Property until the Property is
included in a ULID or otherwise receives permanent water and/or sewer service from
permanent District water and/or sewer mains.
1.6 The Owner agrees that the Owner shall be responsible for compliance with
existing and future fire code provisions as promulgated by any governmental agency with
jurisdiction, including the Department of Health. The Owner acknowledges that the interim
water service to be provided to the Property may not meet City and/or County fire code
standards and that any structure on the Property served by such interim water service may not
have adequate fire flow and/or pressure for fire protection.
1.7 The Owner, as a part of the consideration for interim water service to the
Property, does hereby release and agrees to indemnify, hold harmless and defend the District
and the City and their elected and appointed officials, officers, employees and agents from
and against any and all claims, actions, or damages the Owner or Owner's successors in
interest may have or suffer for any all injuries, property damage and/or loss whether arising
directly or indirectly from or as a result of inadequate fire flow and/or water pressure for fire
protection or fire protection purposes to the Property or otherwise. The provisions of this
section shall be a covenant running with the Property until the Property receives permanent
water service from a District water main.
Section 2. Recordina/Covenant Running with the Land. Fallowing its execution
by the Parties, this Agreement shall be recorded in the King County Recorder's Office, and
the terms and conditions of this Agreement while in force and effect constitute a covenant
running with the Property. This Agreement shall be binding on the Parties and their assigns
and successors in interest.
Section 3. Waiver. 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, or as a
waiver of any subsequent breach of this Agreement by either party.
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Instrument Number: 20221021000426 Document:AG Rec: 5212.50 Page-5 of 10
Record Date:10/21/2022 11:06 AM King County, WA
Section 4. Notice. Any notice to be given pursuant to this Agreement shall be in
writing and shall either be personally delivered or sent by certified mail, return receipt
requested, postage prepaid to the appropriate Party as follows:
To District at: District General Manager
Coal Creek Utility District
6801 132" d Place SE
Newcastle, WA 98059
To City at: Ron Straka,P.E.
Public Works Utility Systems Director
City of Renton
1055 S. Grady Way
Renton, WA 98057
To Owner at: Ruslan Koval and Zoryana Koval
9546 132"d AVE SE
Renton, WA 98059
The Parties may change their address for the purposes of this notice provision by written
notice to the other Party delivered pursuant to the requirements of this provision.
Section 5. Amendment. This Agreement shall only be modified or amended by a
written instrument executed by the Parties.
Section 6. Attorneys' Fees. In the event of a dispute between the Parties
concerning this Agreement, in the event of litigation, the prevailing Party shall be entitled to
recover attorneys' fees and costs, including any such fees and costs incurred on appeal.
Section 7. District Costs. Owner agrees to pay and reimburse the District for all
of its fees, costs and expenses incurred to prepare, administer and record this Agreement.
Section 8. Law/Venue. Any litigation regarding this Agreement shall be filed in
King County Superior Court, King County, Washington. Washington law shall apply to the
interpretation and enforcement of this Agreement.
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Instrument Number: 20221021000426 Document:AG Rec: S212.50 Page-6 of 10
Record Date:10/21/2022 11:06 AM King County, WA
Section 9. Effective Date. This Agreement shall be effective on the date by
which all Parties have executed this Agreement.
OWNER
Ruslan and Zoryana Koval
By:
Print name: uslanKoval
Dated:
By:
Print name: Z ana Koval
Dated: 7_ 1 61z Z
CITY
City of Renton
�v
By:
Print name: Armondo Pavone
Its: Mayor
Dated: September 29, 2022
Attest "
/I /` I
Jason A. Seth
City Clerk
Approved as to Legal Form
DISTRICT
Coal Creek Utility District
DocuSigned by: �®
B 1�0 1�tT40EG(i
Pr-_-. 3 6Et2algB2468;_,. Russell
Its: General Manager
Dated:1011212022 1 10:52 AM PDT
ORP0 R A�'E'p t
'I 141
By: Approved by Cheryl Beyer via 7/21/2022 email
Shane Molony
City Attorney
0
Instrument Number: 20221021000426 Document:AG Rec: S212.50 Page-7 of 10
Record Date:10/21/2022 11:06 AM King County, WA
STATE OF WASHINGTON )
COUNTY OF KING )ss
I certify that I know or have satisfactory evidence that Ruslan Koval is the person
who appeared before me, and said person acknowledged that they signed this instrument, on
oath stated that they were authorized to execute the instrument and acknowledged it as their
free and voluntary act for the uses and purposes mentioned in the instrument.
Notary Public
State of Washington
WENDY MAN
COMMISSION# 181838
MY COMMISSION EXPIRES
November 14, 2023
STATE OF WASHINGTON )
COUNTY OF KING )ss
Dated:�-
Signature h(AZak 614ft
(print name) la,L,� a y M/fAl
Notary Public in and for the State of
Washington, my commission expires:
No UZtiN 6'�g ! �, 7►as. j
I certify that I know or have satisfactory evidence that Zoryana Koval is the person
who appeared before me, and said person acknowledged that they signed this instrument, on
oath stated that they were authorized to execute the instrument and acknowledged it as their
free and voluntary act for the uses and purposes mentioned in the instrument.
Notary Public
State of Washington
WENDY MAN
COMMISSION# 181838
MY COMMISSION EXPIRES
November 14, 2023
Dated: \A� 1� �-`► z s
Signature 4ylg�nl_
(print name) Alt00 MAC
Notary Public in and for the State of
Washington, my commission expires:
0
Instrument Number: 20221021000426 Document:AG Rec: S212.50 Page-8 of 10
Record Date:10/21/2022 11:06 AM King County, WA
STATE F WASHINGTON )
COUNTYOF KING )ss
STATE OF WASHINGTON )
COUNTY F KING )s
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the uses and purposes mentioned in the instrument.
Dated:
� 1t 01,
Signature
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(print )
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Publicin d forState
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cairinussion expires
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Instrument Number: 20221021000426 Document:AG Rec: S212.50 Page-9 of 10
Record Date:10/21/2022 11:06 AM King County, WA
EXHIBIT A
REAL PROPERTY LEGAL DESCRIPTION
Tax parcel ID No. 3424059165
Lot 2 of King County Short Plat No. SPLT 18-0017, as recorded under Recording No.
20210604900006, Records of King County Auditor, and being a portion of the west half of
the southwest quarter of the southwest quarter of Section 34, Township 24 North, Range 5
East, W.M.
Situate in the county of King, State of Washington.
E
Instrument Number: 20221021000426 Document:AG Rec: $212.50 Page-10 of 10
Record Date:10/21/2022 11:06 AM King County, WA
EXHIBIT B
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SITE PROJECT # 21-021
PAGE 10 OF 10
21923 NE 11th Street Sammamish WA 98074 Phone: 425.298.4412