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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 K Instrument Number: 20221021000426 Document:AG Rec: $212.50 Page-3 of 10 Record Date:10/21/2022 11:06 AM King County, WA 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 3 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. 4 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. 5 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 `�. the uses and purposes mentioned in the instrument. Dated: � 1t 01, Signature ' fPdIlk (print ) � � Publicin d forState �t,1r11� F � � cairinussion expires MMN E*3 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 MAP '?IQ S8'8°31'47 t i 1'124.00' 1 1 SOIC LOG 4 .,/ r PARCEL NO,342405-91W' ,� rJ,'' SOIL L0,6 3 I268 S.F.,, / -`(0.305 4QRP_S) f' � t / / ,.'SOIL L�Gf2' i / J / �.NO. ,\ SOIL/. Y / % ' / // /� 0 S88°31'470E rrr NO• L � W Sslfte SurvoyinO,lna N E GRAPHIC SCALE 0 15 30 60 S 1INCH = 30 FT. SITE PROJECT # 21-021 PAGE 10 OF 10 21923 NE 11th Street Sammamish WA 98074 Phone: 425.298.4412