HomeMy WebLinkAboutITEM VIII-B-1EXHIBIT `A' of RESOLUTION 4249
AGREEMENT BETWEEN THE CITY OF AUBURN, LAKEHAVEN
UTILITY DISTRICT, AND VAL BAIN, FOR A WATERLINE
EASEMENT WITHIN HI-CREST DRIVE FOR LAKEHAVEN
UTILITY DISTRICT
THIS AGREEMENT is entered into between the CITY OF AUBURN, a
Washington municipal corporation ("City"), VAL BAIN ("Bain"), and LAKEHAVEN
UTILITY DISTRICT, a Washington municipal corporation ("Lakehaven").
A. RECITALS
WHEREAS, pursuant to the Interlocal Agreement Establishing Water Service
Boundaries between the City of Auburn and the Lakehaven Water District, the City
agreed to design a new waterline for Lakehaven and provide Lakehaven with the required
permanent waterline easement(s) needed for the new waterline loop to be connected to
Lakehaven existing water distribution system; and
WHEREAS, the City has performed an alignment study and identified a waterline
alignment ("Proposed Waterline Alignment") that is acceptable to Lakehaven; and
WHEREAS, the Proposed Waterline Alignment lies within property owned by
Bain ("Bain Property"), King County Tax Parcels Nos. 142104-9003 and 142104-9002;
and
WHEREAS, Lakehaven requires a permanent waterline easement that follows the
proposed waterline alignment and allows for construction, maintenance, and possible
future re-construction of the proposed waterline; and
WHEREAS, the City is willing to purchase the permanent waterline easement
from Bain for dedication to Lakehaven; and
WHEREAS, Bain agrees to provide the permanent waterline easement to
Lakehaven as necessary to construct, maintain, and possibly re-construct the proposed
waterline and in accordance to the conditions set forth herein; and
WHEREAS, Lakehaven agrees to construct the waterline within the permanent
waterline easement in accordance to the conditions set forth herein.
NOW, THEREFORE, in consideration of the recitals contained herein and in order
to design and construct the proposed intersection modifications, IT IS HEREBY
AGREED AS FOLLOWS:
Auburn Project No. CP0703 Page 1 of 5
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PACKET.doc
EXHIBIT `A' of RESOLUTION 4249
B. BAIN DUTIES UNDER THIS AGREEMENT
Bain agrees:
1. To convey a permanent waterline easement to Lakehaven, for the purposes of
constructing and maintaining the proposed waterline and its appurtenances, in the
form set forth in Exhibit "A," attached hereto and incorporated by reference.
2. To allow the City and Lakehaven reasonable access to the waterline easement area and
the balance of the Bain Property for the purposes of site surveying, investigations, or
other information gathering.
C. CITY OF AUBURN DUTIES UNDER THIS AGREEMENT
The City of Auburn agrees:
To prepare and record all documents necessary for dedication of the permanent
waterline easement.
2. To make payment, in the amount of TWENTY THOUSAND EIGHT HUNDRED
SEVEN DOLLARS AND 66 CENTS ($20,807.66) to Bain, and to make said payment
available to Bain by certified mail within 60 days after execution o.f the waterline
easement.
3. To pay all recording costs associated with the waterline easement dedication.
D. LAKEHAVEN DUTIES UNDER THIS AGREEMENT
Lakehaven agrees:
1. To accept the permanent waterline easement granted by Bain as complete fulfillment
of the City's contractual obligation to provide such waterline easement under the
Interlocal Agreement Establishing Water Service Boundaries between the City of
Auburn and the Lakehaven Water District.
2. To construct, following conveyance of the waterline easement, the waterline within
the existing 40-foot wide private access easement that passes through the Bain
Property, King County Tax Parcels Nos. 142104-9003 and 142104-9002.
3. To overlay Hi-Crest Drive between the east and west boundaries of the Bain Property
once the waterline has been constructed within the said waterline easement.
4. To coordinate with the users of Hi-Crest Drive to minimize traffic impacts during
construction of the proposed waterline.
Auburn Project No. CP0703 Page 2 of 5
EXHIBIT `A' of RESOLUTION 4249
E. ADDITIONAL AGREEMENT PROVISIONS
I . Termination. This agreement shall terminate on the date the constructed water line is
placed into service and the road is overlaid.
2. Governing Law. This agreement shall be governed and construed in accordance with
the laws of the State of Washington. If any dispute arises between the parties under
any of the provisions of this agreement, resolution of that dispute shall be available
exclusively through the jurisdiction, venue and rules of the King County Superior
Court, King County, Washington.
3. Modification. No waiver, alteration, or modification of any of the provisions of this
agreement shall be binding unless in writing and signed by a duly authorized
representative of each party.
4. Severability. If any one or more sections, subsections or sentences of this agreement
are held to be unconstitutional or invalid, that decision shall not affect the validity of
the remaining portions of this agreement and the remainder shall remain in full force
and effect.
5. Indemnification. Washington State law shall govern the respective liability between
the parties to this Agreement for any loss due to property damage or injury to persons
arising out of the activities conducted pursuant to this Agreement. To the extent
allowed by law, each party ("Indemnifying Party) shall defend, indemnify and hold
harmless the other party or parties ("Indemnified Party or Parties"), their elected
officials, employees and agents from and against any and all suits, claims, actions,
losses, costs, expenses of litigation, attorney's fees, penalties, and damages of
whatsoever kind or nature arising out of, in connection with, or incident to any act of
omission of the Indemnifying Party, it's employees, agents, and contractors in the
exercise of the rights granted and conveyed to the party by this agreement. This
indemnification obligation shall include, but is not limited to, all claims against the
Indemnified Party or Parties by an employee or former employee of the Indemnified
Party or Parties or their contractors and, as to such claims, the party expressly waives,
as respects the other party only, all immunity and limitation of liability under Title 51
RCW.
6. City Council and Board of Commissioners Approval. Bain acknowledges that this
Agreement does not bind the City until approved by the Auburn City Council, and this
Agreement does not bind Lakehaven until approved by the Lakehaven Board of
Commissioners.
7. _Aareement Binding on Successors Heirs and Assigns. This agreement shall be a
covenant running with the Bain Property and burden said real estate, and shall be
binding on the successors, heirs and assigns of all parties hereto.
Auburn Project No. CP0703 Page 3 of 5
EXHIBIT `A' of RESOLUTION 4249
CITY OF AUBURN
Peter B. Lewis, Mayor
Date:
Attest
Danielle E. Daskam, City Clerk
Approved to Form
Daniel B. Heid, City Attorney
LAKEHAVEN UTILITY DISTRICT
Don Perry, General Manager
Date:
VAL BAIN
Laurence Magone, Attorney in Fact
for Val Bain
Date:
Auburn Project No. CP0703 Page 4 of 5
EXHIBIT `A' of RESOLUTION 4249
EXHIBIT `A'
Easement Dedication Documentation
Auburn Project No. CP0703 Page 5 of 5
EXHIBIT `A' OF AGREEMENT
EASEMENT FOR WATER AND SEWER FACILITIES
THIS AGREEMENT by and between Lakehaven Utility District, a municipal
corporation of King County, Washington, its successors, agents, designees or assigns, hereinafter
termed "Grantee" and Val Bain, its successors, agents, designees or assigns, hereinafter termed
"Grantor".
WITNESSETH:
That Grantor, for and in consideration of One Dollar ($1.00) or other valuable
consideration, the receipt of which is hereby acknowledged, hereby conveys to the Grantee:
A perpetual, non-exclusive easement and right-of--way, hereinafter termed "easement,"
for water and/or sewer facilities of the Grantee, and all appurtenances related thereto, hereinafter
termed "Grantee's facilities," through, over and across the real property described in Exhibit
"A," attached hereto and incorporated herein by reference. The location of said easement shall
be as described in Exhibit "B," and as depicted in Exhibit "C," both of which are attached hereto
and incorporated herein by reference.
The Grantor and Grantee hereby covenant and agree to the following terms, provisions
and conditions:
Grantee shall have the right at such time as Grantee deems necessary, without prior
institution of any suit or proceeding at law and without prior notice to Grantor, to install, repair,
reconstruct, operate and/or maintain Grantee's facilities within said easement, and to enter upon
said real property described in Exhibit "A" for the purposes described herein, without incurring
any legal obligation or liability therefore, provided that such shall be accomplished in such
manner that existing private improvements shall not be disturbed or destroyed, except as
provided hereunder.
Grantor hereby agrees that no building, wall, fence, rockery, tree or structure of any kind
shall be erected or planted, and no fill material shall be placed, within said easement. Grantor
further agrees that no excavation shall be made within three feet (3') of Grantee's facilities and
that the level of the ground surface within said easement shall be maintained at the elevation
existing at the time said facilities were installed, except for temporary disturbances not affecting
Grantee's facilities.
Lakehaven -Auburn Hi-Crest Waterline Loop
Agreement between the City of Auburn, Lakehaven Utility District, and Val Bain, for a waterline
easement within Hi-Crest Drive for Lakehaven Utility District
Easement No.
Form Effective 10/10/OS
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Lakehaven Watermain (LUD Language)_AGENDA BILL PACKET.doc
EXHIBIT `A' OF AGREEMENT
Grantor hereby agrees that no water and/or sewer system facility or appurtenance of any
kind shall be constructed or located by Grantor, or any third party acting under authority of
Grantor, within or proximate to said easement, unless such installation is approved by Grantee
and is in conformance with the then-current edition of the "Criteria for Sewage Works Design"
published by the Washington State Department of Ecology.
Grantor hereby further agrees that no other utility facility or appurtenance of any kind,
including utility service connections, shall be constructed or located by Grantor, or any third
party acting under authority of Grantor, within three feet (3'), measured horizontally for parallel
alignments, or within six inches (6"), measured vertically for crossing or perpendicular
alignments, of any portion of the Grantee's facilities.
Grantor hereby grants to the Grantee the use of such additional area immediately adjacent
to said easement as shall be reasonably required for installation, repair, reconstruction, operation
and/or maintenance of Grantee's facilities within said easement.
Grantor hereby agrees to not in any way block, restrict or impede access to or from, or
full use of, said easement by Grantee; or convey to a third party any easement, or other interest
or right of use of said real property subject to such easement, that would impair or limit the
easement rights granted herein.
Grantor hereby agrees that in the event of any such encroachment, as set forth herein,
upon said easement and/or Grantee's facilities, the Grantee shall have the right to require
removal of such encroachment, and same shall be accomplished within a reasonable period of
time by and at Grantor's expense. Failure of Grantee to so exercise its right to require removal of
any such encroachment shall neither constitute waiver of this right, nor preclude other remedies
available to the Grantee.
The Grantee agrees that any existing improvements on said real property that neither
encroach upon, nor conflict with, the rights conveyed to Grantee as set forth herein, that may be
disturbed or destroyed by Grantee's facilities, or Grantee's activities related to such facilities,
will be replaced, repaired, or otherwise restored as reasonably practicable, to the pre-event
condition by and at Grantee's expense.
This Agreement and each of the terms, provisions, conditions and covenants herein shall
be binding upon and apply to the benefit of the parties hereto and their respective successors,-
agents, designees, or assigns.
Lakehaven -Auburn Hi-Crest Waterline Loop
Agreement between the City of Auburn, Lakehaven Utility District, and Val Bain, for a waterline
easement within Hi-Crest Drive for Lakehaven Utility District
Easement No.
Form Effective 10/10/OS
H'\PRO1\CP0703-LakehavenUtilityDistrictWatermainDesign\PWCCouncillnfoWgenda Bill Packet -Resolution 4249\BAIN Easement -
Lakehaven Watermain (LUD Language)_AGENDABlLL PACKET.doc
EXHIBIT `A' OF AGREEMENT
DATED this day of ,
By
By
STATE OF WASHINGTON
ss:
County of
I certify that I know or have satisfactory evidence that
signed this instrument and acknowledged it to be
free and voluntary act for the uses and purposes mentioned in the instrument.
DATED:
Notary Public
Title
My appointment expires
For recording in the State of
Washington, the Notarial Seal must be
fully Legible and cannot intrude into
document margins. Please affix seal in
the space provided.
Lakehaven -Auburn Hi-Crest Waterline Loop
Agreement between the City of Auburn, Lakehaven Utility District, and Val Bain, for a waterline
easement within Hi-Crest Drive for Lakehaven Utility District
Easement No.
Form Effective 10/10/OS
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Lakehaven Watermain (LUD Language)_AGENDA BILL PACKET.doc
EXHIBIT `A' OF AGREEMENT
EXHIBIT "A" OF EASEMENT DEDICATION
Legal ProRerty Description
PARCEL A:
The south eighth of the northwest quarter of the northeast quarter of Section 14, Township 21
North, Range 4 East, W.M., in King County, Washington.
PARCEL B:
The southwest quarter of the northeast quarter of Section 14, Township 21 North, Range 4 East,
W.M., in King County, Washington and Hi-Crest No.2 addition to King County, according to the
plat thereof recorded in volume 59 of plats, page 32 and volume 64 of plats, page 58, records of
King County, Washington;
and except County road;
and except portion thereof lying easterly of the following described line:
Beginning at the southwest corner of lot 15 of said, Hi-Crest No.2 Addition;
Thence south 12°55' 15" west to intersect the southerly line of said subdivision and the terminus
of said line;
AND ALSO EXCEPT that portion conveyed to the City of Auburn by deed recorded under the
Recording Number 9811170438, described as follows:
Beginning at the southeast corner of said northeast quarter of said Section 14;
Thence north 89°57'04" west along the south boundary of said northeast quarter of Section 14,
1,635.53 feet to the TRUE POINT OF BEGINNING;
Thence continuing north 89°57'04" west, 107.86 feet;
Thence north 56°09'04" west, 93.60 feet;
Thence north 33°50'56" east 60.00 feet;
Thence south 56°09'04" east 183.23 feet to the TRUE POINT OF BEGINNING;
EXCEPT right-of--way for Mountain View Drive, also known as I.B. Knickerbocker Road
Number 579.
Lakehaven -Auburn Hi-Crest Waterline Loop
Agreement between the City of Auburn, Lakehaven Utility District, and Val Bain, for a waterline
easement within Hi-Crest Drive for Lakehaven Utility District
Easement No.
Form Effective 10/10/OS
H:\PROJ\CP0703-LakehavenUtiliryDistrictWatermainDesign\PWCCouncillnfoWgenda Bill Packet -Resolution 4249\BAfN Easement -
Lakehaven Watermain (LUD Language)_AGENDA B[LL PACKET.doc
EXHIBIT `A' OF AGREEMENT
EXHIBIT "B" OF EASEMENT DEDICATION
Easement Description
That portion of Section 14, Township 21 North, Range 4 East, W.M., King County, Washington lying 5.0
feet on one side and 10.0 feet on the other side of the as-built centerline of the proposed Lakehaven
waterline, hydrant laterals, and appurtenances including but not limited to, "hydrants", "blow-offs", and
"air vacs", AND within the easement for utilities and access recorded under recording number
7708120707, records of said county, last said easement being 40 feet in width and lying 20 feet on each
side of the following described centerline, situated in King County, Washington, to-wit:
Beginning at the existing plat monument located at the Centerline of HI-CREST DRIVE (64`h Ave. So.)
and the extended South line of Lot 9, HI-CREST No. 2 as recorded in Volume 64 of Plats at Page 58, said
monument lying South 12-55-15 West 341.87 feet from the intersection of HI-CREST DRIVE (64`h Ave.
So.) and South 325`h Street; thence South Z-53-] 1 West 120.00 feet to a point of curve to the right whose
radius bears North 87-06-49 West 70.00 feet; thence along said curve through a delta of 162-45-52 an arc
length of 198.85 feet to a point of tangency; thence North 14-20-57 West 139.00 feet; thence North 18-54-
56 West 125.80 feet; thence North 12-36-31 West 77.88 feet; thence North 15-15-18 West 125.42 feet to a
point of curve to the left whose radius bears South 74-44-42 West 50.00 feet; thence along said curve
through a delta of 105-07-19 an arc length of 91.74 feet to a point of tangency; thence South 59-37-23 West
159.60 feet to a point of curve to [he right whose radius point bears North 30-22-37 East 100.00 feet;
thence along said curve through a delta of 88-07-57 an arc length of 153.82 feet to a point of tangency;
thence North 32-14-40 West 89.37 feet; thence North 30-03-31 West 221.55 feet to a point of curve to the
left whose radius point bears South 59-56-29 West 600.00 feet; thence along said curve through a delta of
17-24-00 an arc length of 182.21 feet to a point of tangency; thence North 47-27-43 West 23.54 feet;
thence North 49-00-38 West 163.75 feet to a point of curve to the right whose radius point bears North 40-
59-22 East 100.00 feet; thence along said curve through a delta of 48-34-15 an arc length of 84.77 feet to a
point of tangency; thence North 0-26-23 West 142.70; thence North 3-16-35 West 200.00 feet; thence
North 0-26-09 West 889.37 feet to the North line of Section 14.
Lakehaven -Auburn Hi-Crest Waterline Loop
Agreement between the City of Auburn, Lakehaven Utility District, and Val Bain, for a waterline
easement within Hi-Crest Drive for Lakehaven Utility District
Easement No.
Form Effective 10/10/OS
H:U'RO>\CP0703-LakehavenUtilityDistrictWatermainDesign~PWCCouncilInfoWgenda Bill Packet -Resolution 4249~BA[N Easement -
Lakehaven Watermain (LUD Language)_AGENDA BILL PACKET.doc
FXNIRIT '[`_' - F~SFMFNT DEPICTION
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H: \PROJ\CP0703-LakehavenUtilltyplstriciWotermoinDealgn\PWCCounclllnfo\Agenda Bill Packet - Resolution 4249\Eoaement Exhibit C.pdf
BUDGET STATUS SHEET
Lroject No: CP0703 Project Title:.. Lakehaven Watermain Design... ~
Project Manager: Jacob Sweeting
Project Initiation
Initiation Date: 02/02/04 0 Right of Way/Easement Acquisition Date: September 27, 2007
Advertisement Date: 0 Contract Award
Award Date: Q Change Order Approval
Contract Final Acceptance
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
funding Prior Years 2007 2008 Future Years Total
430 Fund- Water 100,000 100,000
Total 0 100,000 0 0 100,000
Estimated Cost (Funds Needed)
Activity Prior Years 2007 2008 Future Years Total
Design Engineering -City Costs 10,000 5,000 15,000
Design Engineering -Consultant Costs 53,000 53,000
Easement Acquisition 21,000 21,000
Project Contingency (5%) 5,000 5,000
Total 0 31,000 63,000 0 94,000
430 Water Budget Status
Prior Years 2007 2008 Future Years Total
*430 Funds Budgeted () 0 (100,000) 0 0 (100,000)
430 Funds Needed 0 31,000 63,000 0 94,000
*43o Fund Project Contingency () 0 69,000 0 0 6,000
430 Funds Required 0 0 63,000 0 0
* (#) in the Budget Status Sections indicates Money the City has available.
H:\PROJ\CP0703-LakehavenUtilityDistrictWatermainDesign\Budget\BudgetStatusSheet 04-3-07.x1s 1 of 1
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