HomeMy WebLinkAboutContract CAG-19-182
AGREEMENT
FOR INTERIM SEWER SERVICE BETWEEN COAL CREEK
UTILITY DISTRICT AND CITY OF RENTON
This Agreement ("Agreement") is made and entered into by and between Coal Creek
Utility District, a Washington municipal corporation ("District"), and the City of Renton, a
Washington municipal code city ("City"), (individually a "Party" and collectively the "Parties")
for the purposes set forth herein.
RECITALS
Whereas, the District is authorized pursuant to RCW 57.08.005 (3) and (5) to provide
public water and sanitary sewer service to real property located within and outside the District;
and
Whereas, the City is authorized to provide public water and sanitary sewer service to real
property located within the City's water and sewer service areas; and
Whereas, certain real property, as legally described on Exhibit A and depicted on Exhibit
B attached hereto and incorporated herein by this reference (the "Property"), is being developed
as a residential subdivision referred to as Christelle Ridge; and the Property is located within the
City's water and sewer service areas; and
Whereas, development of the Property will require extensions of the public water and
sanitary sewer systems to make those utility services available to the Property; and
Whereas, the City can provide water and sewer service to the Property by extension of its
public water and sanitary sewer systems to the Property; however, it is not presently financially
feasible to extend the City's sanitary sewer system to the Property; and
Whereas, the District's sewer system is located adjacent to the Property, and the District is
willing to provide sewer service to the Property on an interim basis, and the City will agree to
allow the District to provide sanitary sewer service to the Property on an interim basis, on certain
terms and conditions set forth in this Agreement; now, therefore,
AGREEMENT
In consideration of the terms and conditions set forth in this Agreement, the Parties agree
as follows:
A. The City agrees that the District may provide and District agrees to provide interim
sanitary sewer service to the Property under the following terms and conditions:
1. The District's sanitary sewer system shall be extended to and through the Property by
the owner of the Property pursuant to the District's developer extension process
incorporating the District's standards and specifications for sewer extensions;
7. Following its execution by the Parties, this Agreement shall be recorded in the King
County Recorder's Office or posted on the City's and the District's respective
websites listed by subject matter.
8. The Parties represent and warrant that the individuals executing this Agreement on
behalf of their respective party have the authority and are authorized to do so.
COAL CREEK UTILITY DISTRICT CITY
OF RENTON
By: ; ,��' 'r74. �-
� , , By: f e2'-----,'gi
Name: ir�''f0 5 $.t// Name: Grm erman
Its: General Mann /1'?
ager Its: Public Works Administrator
Dated: ,�I Z' Dated: 5// I
Approved as to form:
Shane Moloney,City Att rney
provided the District shall provide the City the proposed sewer extension plans for
the Property for the City's review and comment prior to final approval of such plans
by the District.
2. The District shall provide sanitary sewer service to the Property on the same terms and
conditions as it provides service to similar property within the District's boundaries
and according to the District's resolutions, rules and regulations, and as such
resolutions, rules and regulations may be amended and superseded.
3. Whenever the City, in its sole discretion, determines the City may provide permanent
sanitary sewer service to the Property, the City shall provide written notice to the
District and the then present owner(s) of the Property of its intent to provide sanitary
sewer service to the Property and the effective date of such sewer service to the
Property, and upon the effective date of such notice, title to and ownership of the
sanitary sewer system located on and serving the Property will be transferred by the
District to the City. Disconnection of the sewer system from the District's sewer
system and connection to the City's sanitary sewer system shall be at the City's
expense. Thereafter the sanitary sewer system located on the Property shall be
maintained and operated by the City as part of its sanitary sewer system and the City
shall provide sanitary sewer service to the Property in accordance with the City's
ordinances, resolutions, rules and regulations, and as such ordinances, resolutions,
rules and regulations may be amended and superseded. All fees and charges collected
by the District for connection or sewer service,prior to such transfer,shall be retained
by the District.
4. As a condition of service and prior to the connection of the Property to the District's
sanitary sewer system, the owner(s) of the Property shall provide the District with an
agreement with terms and conditions as required by the District for interim sewer
service from the District to the Property.
5. This Agreement shall be effective on the date by which both Parties have executed
this Agreement("Effective Date").
6. Unless provided otherwise in this Agreement, notices provided pursuant to this
Agreement shall be delivered to each Party as follows:
To the District: Coal Creek Utility District
Attn: General Manager
6801 132nd Place SE
Newcastle,WA 98059
To the City: City of Renton
Attn: David Christensen
Wastewater Utility Engineering Manager
1055 South Grady Way
Renton,WA 98057
Exhibit A
LEGAL DESCRIPTION:
THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3,
TOWNSHIP 23 NORTH, RANGE 5 EAST,W.M., KING COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SUBDIVISION;THENCE SOUTH 88°23'35"
EAST ALONG THE NORTH LINE OF THE SECTION 863.71 FEET TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING SOUTH 88°29'35" EAST 130.96 FEET TO THE
SOUTHWESTERLY MARGIN OF COUNTY ROAD;THENCE SOUTH 47°50'49" EAST ALONG SAID
MARGIN 424.84 FEET;THENCE SOUTH 01°40'08" WEST 164.42 FEET;THENCE NORTH 89°13'51"
WEST 430.43 FEET; THENCE NORTH 01°47'48" EAST 128.90 FEET;THENCE NORTH 89°13'51
WEST 24.76 FEET; THENCE NORTH 01°48'21" EAST 318.12 FEET TO THE TRUE POINT OF
BEGINNING;
(ALSO KNOWN AS LOT 3 OF LOT LINE ADJUSTMENT NO. LLA 010-90, RECORDED OCTOBER 16,
1990 UNDER RECORDING NO. 9010169012 AND REVISED BY INSTRUMENT RECORDED
FEBRUARY 12, 1991 UNDER RECORDING NO. 902129004, IN KING COUNTY, WASHINGTON).
EXHIBIT B
NW COR SEC. 3-23-5
N 88'29'35" W (KCAS) 1317.81' (CAL)
N 88'29'33" W (DEED) 1317.92' (DEED)
NORTH LINE OF 3-23-5
LT...
863.71' - -
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COAL CREEK UTILITY DISTRICT SERVICE AGREEMENT - CHRISTELLE RIDGE
• Proposed Service Line with Coal Creek UD 0 City Manholes • Coal Creek Utility District,Cleanout
ODevelopable Properties * City Cleanout 0 Coal Creek Utility District, Manhole
Or 4 Developer Property -►- City Gravity Mains , Coal Creek Utility District, Lift Station
ptit9
! ! Renton City Limits Coal Creek Utility District Sewer Main
Instrument Number:20190530000187 Document:AG Rec:$105.00 Page-1 of 7
Record Date:5/30/2019 10:32 AM
King County,WA
Coal Creek Utility District
6801 132nd PL SE
Newcastle,WA 98059
WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04)
Document Title(s)
Agreement of Interim Sewer Service
Reference Number(s)of Documents assigned or released:
Number of Pages: 7
Grantor(s) •
City of Renton
Grantee(s)
Coal Creek Utility District
Legal description
POR OF NW 1/4 OF NW 1/4-BEGIN NW CORNER OF NW 1/4 OF NW 1/4 TH S 88-29-35 E 863.71 FT TO POB TH S
88-29-35 E 130.96 FT TO SWLY MGN OF CO ROAD TH S 47-50-49 E 424.84 FT TH S 01-40-08 W 164.42 FT TH N
89-13-51 W 430.43 FT TH N 01-47-48 E 128.90 FT TH N 89-13-51 W 24.76 FT TH N 01-48-21 E 318.12 FT TO POB-
AKA LOT 3 OF REVISED CITY OF RENTON LOT LINE ADJ NO 010-90 RECORDING NO 9102129004
Assessor's Property Tax Parcel/Account Number UAssessors Tax#not yet
032305-9096
The Auditor/Recorder will rely on the information provided on this form. The staff will not read the
document to verify the accuracy or completeness of the indexing information provided herein.
"I am signing below and Paying a additional$50 recording Fee(as provided in RCW 36.18.010 and
referred to as an emergency nonstandard document),because this document does not meet margin and ,
formatting requirements. Futhermore,I herby understand that the recording process may cover up or
otherwise obscure some part of the text of the original document as a result of this request."
Signature of Requesting Party
Note to submitter: Do not Sign above nor pay additional$50 fee If the document meets margin/formatting requirements
Instrument Number:20190530000187 Document:AG Rec: $105.00 Page-2 of 7
Record Date:5/30/2019 10:32 AM King County,WA
AGREEMENT
FOR INTERIM SEWER SERVICE BETWEEN COAL CREEK
UTILITY DISTRICT AND CITY OF RENTON
This Agreement ("Agreement") is made and entered into by and between Coal Creek
Utility District, a Washington municipal corporation ("District"), and the City of Renton, a
Washington municipal code city ("City"), (individually a "Party" and collectively the "Parties")
for the purposes set forth herein.
RECITALS
Whereas, the District is authorized pursuant to RCW 57.08.005 (3) and (5) to provide
public water and sanitary sewer service to real property located within and outside the District;
and
Whereas, the City is authorized to provide public water and sanitary sewer service to real
property located within the City's water and sewer service areas; and
Whereas, certain real property, as legally described on Exhibit A and depicted on Exhibit
B attached hereto and incorporated herein by this reference (the "Property"), is being developed
as a residential subdivision referred to as Christelle Ridge; and the Property is located within the
City's water and sewer service areas; and
Whereas, development of the Property will require extensions of the public water and
sanitary sewer systems to make those utility services available to the Property; and
Whereas, the City can provide water and sewer service to the Property by extension of its
public water and sanitary sewer systems to the Property; however, it is not presently financially
feasible to extend the City's sanitary sewer system to the Property; and
Whereas, the District's sewer system is located adjacent to the Property, and the District is
willing to provide sewer service to the Property on an interim basis, and the City will agree to
allow the District to provide sanitary sewer service to the Property on an interim basis,on certain
terms and conditions set forth in this Agreement;now,therefore,
AGREEMENT
In consideration of the terms and conditions set forth in this Agreement,the Parties agree
as follows:
A. The City agrees that the District may provide and District agrees to provide interim
sanitary sewer service to the Property under the following terms and conditions:
1. The District's sanitary sewer system shall be extended to and through the Property by
the owner of the Property pursuant to the District's developer extension process
incorporating the District's standards and specifications for sewer extensions;
Instrument Number: 20190530000187 Document:AG Rec:$105.00 Page-3 of 7
Record Date:5/30/2019 10:32 AM King County,WA
provided the District shall provide the City the proposed sewer extension plans for
the Property for the City's review and comment prior to final approval of such plans
by the District.
2. The District shall provide sanitary sewer service to the Property on the same terms and
conditions as it provides service to similar property within the District's boundaries
and according to the District's resolutions, rules and regulations, and as such
resolutions,rules and regulations may be amended and superseded.
3. Whenever the City, in its sole discretion, determines the City may provide permanent
sanitary sewer service to the Property, the City shall provide written notice to the
District and the then present owner(s) of the Property of its intent to provide sanitary
sewer service to the Property and the effective date of such sewer service to the
Property, and upon the effective date of such notice, title to and ownership of the
sanitary sewer system located on and serving the Property will be transferred by the
District to the City. Disconnection of the sewer system from the District's sewer
system and connection to the City's sanitary sewer system shall be at the City's
expense. Thereafter the sanitary sewer system located on the Property shall be
maintained and operated by the City as part of its sanitary sewer system and the City
shall provide sanitary sewer service to the Property in accordance with the City's
ordinances, resolutions, rules and regulations, and as such ordinances, resolutions,
rules and regulations may be amended and superseded. All fees and charges collected
by the District for connection or sewer service,prior to such transfer,shall be retained
by the District.
4. As a condition of service and prior to the connection of the Property to the District's
sanitary sewer system,the owner(s)of the Property shall provide the District with an
agreement with terms and conditions as required by the District for interim sewer
service from the District to the Property.
5. This Agreement shall be effective on the date by which both Parties have executed
this Agreement("Effective Date").
6. Unless provided otherwise in this Agreement, notices provided pursuant to this
Agreement shall be delivered to each Party as follows:
To the District: Coal Creek Utility District
Attn: General Manager
6801 132' Place SE
Newcastle,WA 98059
To the City: City of Renton
Attn: David Christensen
Wastewater Utility Engineering Manager
1055 South Grady Way
Renton,WA 98057
Instrument Number:20190530000187 Document:AG Rec:$105.00 Page-4 of 7
Record Date:5/30/2019 10:32 AM King County,WA
7. Following its execution by the Parties, this Agreement shall be recorded in the King
County Recorder's Office or posted on the City's and the District's respective
websites listed by subject matter.
8. The Parties represent and warrant that the individuals executing this Agreement on
behalf of their respective party have the authority and are authorized to do so.
COAL CREEK UTILITY DISTRICT CITY OF RENTON
By: v,4 By:
Name: 'Wiattt/'f'O Z s $`/, Name: Gre immerman
Its: General Manager Its: Public Works Administrator
Dated: 5/2T tt Dated: Sl 1 1
11
•
Approved as to form:
•
Shane Moloney,City Att ineS y
Instrument Number: 20190530000187 Document:AG Rec:$105.00 Page-5 of 7
Record Date:5/30/2019 10:32 AM King County,WA
Exhibit A
•
LEGAL DESCRIPTION:
THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3,
TOWNSHIP 23 NORTH, RANGE 5 EAST,W.M., KING COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SUBDIVISION;THENCE SOUTH 88°23'35"
EAST ALONG THE NORTH LINE OF THE SECTION 863.71 FEET TO THE TRUE POINT OF
BEGINNING;THENCE CONTINUING SOUTH 88°29'35" EAST 130.96 FEET TO THE
SOUTHWESTERLY MARGIN OF COUNTY ROAD;THENCE SOUTH 47°50'49" EAST ALONG SAID
MARGIN 424.84 FEET;THENCE SOUTH 01°40'08"WEST 164.42 FEET;THENCE NORTH 89°13'51"
WEST 430.43 FEET;THENCE NORTH 01°47'48"EAST 128.90 FEET;THENCE NORTH 89"13'51
WEST 24.76 FEET;THENCE NORTH 01°48'21" EAST 318.12.FEET TO THE TRUE POINT OF
BEGINNING;
(ALSO KNOWN AS LOT 3 OF LOT LINE ADJUSTMENT NO. LLA 010-90, RECORDED OCTOBER 16,
1990 UNDER RECORDING NO. 9010169012 AND REVISED BY INSTRUMENT RECORDED
FEBRUARY 12, 1991 UNDER RECORDING NO. 902129004, IN KING COUNTY,WASHINGTON).
Instrument Number: 20190530000187 Document:AG Rec: $105.00 Page-6 of 7
Record Date:5/30/2019 10:32 AM King County,WA
EXHIBIT B
NW COR SEC. 3-23-5
N 68'29'35" W (KCAS) 1317.81' (CAL)
N 88.29'33" W (DEED) 1317.92' (DEED)
—— NORTH LINE OF 3-23-5
863.71'N
'-S 88'29'35"
E130.96' ® 9�4,
® "
IN
I� sue.
F‘
N el
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I Z CHRISTELLE RIDGE SITE ! OG t+
I PARCEL NO. 0323059096 ‘ 4
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LIIIIIIi0 =MD MEW MIIIMWM,A=M=. 1MM MOM ====IIIIMiMM MED illiM -
N 8913'51" W 430.43'
Instrument Number: 20190530000187 Document:AG Rec: $105.00 Page-7 of 7
Record Date:5/30/2019 10:32 AM King County,WA
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COAL CREEK UTILITY DISTRICT SERVICE AGREEMENT m CHRISTELLE RIDGE
Mil■- Proposed Service Line with Coal Creek UD 0 City Manholes 0 Coal Creek Utility District,Cleanout
ODevelopable Properties O City Cleanout 0 Coal Creek Utility District,Manhole
® Developer Property City Gravity Mains ® Coal Creek Utility District,Lift Station
psis
�.. ! Renton City Limits Coal Creek Utility District Sewer Main