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HomeMy WebLinkAbout3534RESOLUTION NO. 3 5 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A REVISED WATER SYSTEM INTERTIE AGREEMENT NO. 3A BETWEEN THE CITY OF AUBURN AND THE CITY OF ALGONA. WHEREAS, pursuant to RCW 39.34, the Interlocal Cooperation Act, Auburn and Algona have legal authority to cooperate with other localities on the basis of mutual advantage and provision of services; and WHEREAS, the City of Auburn and the City of Algona executed Interlocal Agreement No. 3 (IA No. 3), dated August 19, 1996; and WHEREAS, information and exhibits in IA No. 3 need to be updated to reflect current status; and WHEREAS, the Algona well and water right were not completely conveyed by Algona to Auburn as intended under IA No. 3; and WHEREAS, it is the desire of Algona and Auburn to finalize the IA No. 3 agreement with respect to facilities constructed and agree on a method of payment for constructed and proposed facilities. NOW, THEREFORE, THE COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: Resolution No. 3534 September 26, 2002 Page 1 Section 1. Pursuant to RCW 39.34, the Interlocal Cooperation Act, Auburn and Algona have legal authority to cooperate with other localities on the basis of mutual advantage and provision of services. Section 2. The Mayor and City Clerk of the City of Auburn are herewith authorized to execute a revised Water System Intertie Agreement No. 3A between the City and the City of Algona. A copy of said Agreement is attached hereto, denominated as Exhibit ,'1" and made a part hereof as though set forth in full herein. Section 3. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Resolution No. 3534 September 26, 2002 Page 2 CITY OF AUBURN MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: City Attorney ~"-- Resolution No. 3534 September 26, 2002 Page 3 Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 20030 3000705 PACZFZC NU TZT AG 50,00 PAGE eel OF e32 01/13/2883 89'44 KZNG COUNTY, hA RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): Interlocal Agreement Reference Number(s) of Documents assigned or released: [--IAdditional reference #'s on page __ of document Grantor(s)/Borrower(s) (Last name first, then first name and initials) Auburn, City of Grantee/Assignee/Beneficiary: (Last name first) Algona, City of Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) PER RCW 39.34 [] Additional legal is on page of document. IAssessor's Property Tax Parcel/Account Number N/A [] Assessor Tax # not yet assigned WATER SYSTEM INTERTIE AGREEMENT Algona/Auburn Intertie Agreement No. 3A THIS AGREEMENT made and entered into by and between the City of Auburn, hereinafter referred to as "Auburn", and, the City of Algona, hereinafter referred to as "Algona", for the purposes of modifying Interlocal Agreement 3 between Algona and Auburn and establishing a payment schedule for the system intertie between the respective parties, WITNESSETH: WHEREAS, both Cities have executed Interlocal Agreement 3 (IA#3) for the Algona Intertie Project dated August 19, 1996; and WHEREAS, both Cities agreed that the following facilities were to be built and funded in part or in whole by Algona as a part of IA#3: 1. Five (5) Meter Stations 2. A Future Reservoir in Lakeland Hills 3. Wells 6 and 7; and WHEREAS, this agreement identifies one time capital facilities charges for the above referenced projects that serve to increase the capacity of service to the City of Algona; and WHEREAS, Algona agreed to deed over its primary Water Right(s) (instantaneous flow rate (Qi) of 500 gpm, annual flow rate (Qa) of 175 acre feet per year), well facilities and well property protection zone easement to Auburn in exchange for Auburn providing a portion of the Algona long term water supply; and WHEREAS, the Cities agreed to terminate a number of preexisting agreements; and WHEREAS, Algona agreed to implement a water conservation program consistent with Auburn's conservation program; and WHEREAS, Algona agreed to maintain its 100,000 gallons of system storage, participate in an additional 100,000 gallons of storage in the Auburn system or provide for the storage otherwise; and WHEREAS, Algona granted Auburn permission to construct, own, operate, maintain, repair and replace Auburn water facilities within Algona right of way at Auburn expense; and WHEREAS, the Boeing Company "Welded Duct Facility" was transferred to Algona as a direct service customer and the existing meter was converted to a master meter; and WHEREAS, a 180,000 gallon share of the IA#3 proposed 1.7 million gallon Lakeland Hills Reservoir was to be financed by Algona in accordance with the Algona January 1997 Water System Plan and with Auburn storage criteria in accordance with the schedule contained in Exhibit D of IA#3; and WHEREAS, Auburn agreed to provide Algona up to 525,000 gallons of average day demand (ADD) and 1,114,000 gallons of maximum day demand (MDD) through 2014; and WHEREAS, the estimated project costs were shown in Exhibit D of IA#3 and those estimated costs were understated; and WHEREAS, the Algona City well and associated water rights were not completely conveyed by Algona to Auburn as intended under IA#3, and WHEREAS, it is the desire of Algona and Auburn to finalize the IA#3 agreement with respect to facilities constructed and agree on a method of payment for constructed and proposed facilities NOW, THEREFORE, IT IS MUTUALLY AGREED as follows: In order to provide for the construction and operation of water supply facilities, piping and meters for a water supply intertie, and reservoir capacity, all between Auburn and Algona, the Participants mutually agree: 1. Interlocal Agreement 3 (IA#3) for the Algona Intertie Project between the City of Algona and the City of Auburn, dated August 19, 1996 and adopted by City of Auburn Resolution No. 2770 is hereby superceded by this Agreement. 2. Algona shall convey to Auburn Algona's City well and any and all associated water rights by Bill of Sale, included as Exhibit F. The well location is depicted on Exhibit A. In addition, Algona shall convey a Well Site Easement included as Exhibit G, and Access Easement included as Exhibit H for the aforementioned well. All costs for said conveyances will be included within the costs of projects planned under this Agreement. In event of future well abandonment by Auburn, any and all related easements shall be vacated by Auburn, and Algona and others shall no longer be bound thereby. 3. Algona shall have and implement a conservation program. The conservation program shall, at a minimum, be consistent with Auburn's conservation program and include field testing for leak detection, repair of leaks and public information actions equal to Auburn's public information actions. Algona's water conservation plan shall be included in the 2002 Algona Water System Plan. 4. So long as it continues to purchase wholesale water from Auburn, Algona shall continue to maintain and provide no less than the existing storage in its 100,000 gallon reservoir in its westerly service area. Alternately, Algona may elect to increase participation by 100,000 gallons within the future Auburn reservoir per Exhibit B herein, or acquire storage otherwise (such as from Lakehaven Utility District) and terminate the continued operation of the existing reservoir in its westerly service area. 5. Algona hereby grants Auburn the right to construct, own, operate, maintain, repair, and replace Auburn's municipal water system including pipes, fire hydrants, valves, meters, and other appurtenances located within Algona right-of-way as shown on Exhibit A, in perpetuity per the terms and conditions herein. 5.1. Auburn shall provide to Algona copies of available record drawings showing the location of Auburn's water system within Algona right-of-way. 5.2. Except for the normal operation of Auburn's water system, Auburn shall notify Algona prior to any major waterline improvements or replacements which may interfere with or disrupt any other utilities and/or passage of traffic within Algona. Algona shall notify Auburn prior to any street or other utility improvement which may interfere or disrupt Auburn's water system. 5.3. Auburn shall be responsible to pay for costs associated with improvements to Auburn's water system including necessary street patches. In the event that Algona constructs any street improvements on those rights-of-way containing Auburn's water system, Auburn shall be responsible to adjust all water system appurtenances to finish grade, including lowering or raising said pipelines at conflict with Algona improvements. 6. Algona agrees to financially participate in the supplemental supply development of a portion of Auburn's Well # 6 and Well # 7, in accordance with Exhibit D. 7. This Agreement shall include construction and operation of up to five individual master meter stations. Three master meter stations, including the one currently serving the Boeing "Welded Duct Facility", and two installed under IA#3 are as shown on Exhibit A. The remaining two meter stations will be located and constructed at the discretion of Algona. For adequate water distribution to be obtained, it may also be necessary for Algona to construct additional piping and connections, at its own expense. 8. Algona agrees to transfer title to Auburn for any water lines between existing master meter stations and the existing Auburn mains. Any piping between future master meter stations and Auburn mains will be similarly transferred by Algona to Auburn. Title will be transferred with a bill of sale and the water pipe will be regulated under Paragraphs 5 and 13 of this Agreement. 9. This Agreement shall include future construction of a reservoir by Auburn within the Lakeland Hills development area within Pierce County, Washington. The volume of the new reservoir is presently estimated to be approximately 2.65 million gallons, and this capacity is to be shared with Algona. Financial participation is to be based on a capacity percentage basis by any and all municipalities sharing in the capacity, whether the actual storage volume usage for any such municipality is directly derived from the reservoir or not. Algona's capacity shall be 180,000 gallons, exclusive of the provision of Paragraph 4 of this Agreement. 10. Algona projects the need for supply source in the following quantities: Year Average Daily Demand (mgd) Maximum Daily Demand (mgd) 2004 0.457 0.945 2009 0.491 1.029 2014 0.525 1.114 11. Additional water supply may be available as mutually agreed to in writing by the Auburn City Council and the Algona City Council. 12. Respective facility ownership, capacity rights, and responsibility for operation, maintenance, and renewal and/or replacement (r/r) are as specifically described in Exhibit B. Operational parameters shall be as specifically defined in Exhibit C. 13. Distribution water pipelines within the city limits of a Participant shall be owned and the responsibility of that Participant, with the exception of Auburn facilities specifically identified on Exhibit A, and permitted by Paragraph 5. 14. Retail customers whose property lies within the city limits of a Participant shall be the retail customers of that Participant. 15. For Auburn facilities within Algona, as specifically identified on Exhibit A, Algona hereby grants a franchise to Auburn. 16. Auburn shall design, construct and maintain its facilities constructed under this Agreement in accordance with the design standards described in the 2001 Auburn Comprehensive Water Plan, and the updates thereto. 17. Both Participants shall exercise good faith and use best efforts in estimating project costs. However, the foregoing notwithstanding, each Participant shall be responsible for and shall pay for one hundred percent (100%) of its actual, proportionate share of the project costs, regardless of the estimate. The project costs are estimated as shown in Exhibit D. The Participants shall maintain individual cost records of their expenses for the project. Auburn will maintain overall coordinated project cost records. Algona has the right to review the design of each project in Exhibit D, prior to the project being bid. Auburn shall allow sufficient time in the project schedule for this review. Should potential cost savings to the design be identified that are not in conflict with accepted industry design standards, Algona and Auburn shall work in good faith and cooperatively to incorporate the potential cost savings into the final design. 18. The Participants shall fully finance and pay for their proportionate share of cost as shown in Exhibit D. Algona shall deposit funds with Auburn to perform the project work for the proposed facilities in accordance with the schedule shown in Exhibit E. As future actual costs of projects in Exhibit D are determined, Auburn will notify Algona of such updates and the authorized representatives will execute an update to Exhibit D which will supercede all prior dated versions of Exhibit D. 19. Auburn has prepared a cost of service study to determine the cost of service to its customers. A customer classification for "wholesale-Algona" has been created, and rates for service charges are based on a rate study for this customer classification. Auburn will regularly update the cost of service analysis. Wholesale water rates to Algona will be based on costs of providing the service. 20. For purposes of this Agreement, each Participant identifies its authorized representative as the "Mayor" of Algona and as the "City Engineer" of Auburn. 21. The Participants shall meet as needed for project coordination. 22. The Participants shall be responsible for design, construction management, and commissioning of all facilities to be constructed in accordance with ownership of the facility. Responsibilities may be assigned otherwise by agreement of the Participants' authorized representatives. 23. It is acknowledged and agreed that in the event Auburn experiences any system failure or decreased capacity for any reason, the supply to Algona may be curtailed to an equal percentage of use as Auburn's curtailment is implemented. Such curtailment shall be imposed by Algona on Algona retail customers immediately and simultaneously as such curtailment is imposed by Auburn on Auburn retail customers. 24. It is the intent of Auburn to provide the water described in Paragraph 10 whenever it is available subject to the limitations described in Paragraph 23. Auburn shall use reasonable diligence and best efforts to provide immediate notice in the event it becomes aware that it may not be able to fulfill the requirements of Paragraph 10 for any reason. 25. Aubum possesses the short-term (approximately five (5) years) capacity to meet the storage requirements for Algona. Long-term storage requirements for Algona shall be met by Algona financial participation within the next increment of storage to be constructed by Auburn. Algona's minimum financial participation shall provide for construction of storage volume capacity of 180,000 gallons, inclusive of standby, equalization, and fire protection volume storage. Such 180,000 gallon capacity is in addition to Algona's existing 100,000 gallon reservoir storage in its westerly service area. 26. Algona's water supply needs above the 0.525 mgd average daily demand, and the 1.114 mgd maximum daily demand, both identified in Paragraph 10 will be dependent upon negotiation of an amendment to this Agreement. 27. This Agreement shall remain in full force unless terminated by mutual agreement of the Participants. 28. This Agreement may be amended only in writing by approval signed by the Participants. 29. The authorized representatives shall have authority to update Exhibits attached hereto. The Exhibits shall be updated and/or revised only upon written agreement signed by the Participants' authorized representatives. Updates must be ratified by each Participant's City Council. 30. Algona agrees to indemnify, defend and hold harmless Auburn, its officers, directors, employees and agents, and their successors and assigns, from any and all costs or claims arising out of or in any way resulting from Algona's default, failure of performance, or negligent conduct associated with this Agreement. It is further agreed that Auburn shall provide water to Algona consistent with its provision of water to all of its retail water customers, and the failure of the Auburn water system to deliver flow to Algona, in whole or in part, as described in this Agreement, so long as Auburn is providing water to Algona consistent with its provision of water to the rest of its retail water customers, and consistent herewith, shall not give rise to an action against Auburn, and Algona agrees to indemnify, defend and hold harmle'ss Auburn, its officers, directors, employees and agents, and their successors and assigns, from any and all costs or claims arising out of or in any way resulting from any such failure of the Auburn water system to deliver flow to Algona, in whole or in part. This indemnification provision shall include, but is not limited to, all claims against Auburn by an employee or former employee of Algona or their contractors and, as to such claims, Algona expressly waives all immunity and limitation of liability under Title 51 RCW. Auburn agrees to indemnify, defend and hold harmless Algona, their officers, directors, employees and agents, and their successors and assigns, from any and all costs or claims arising out of or in any way resulting from Aubum's default, or negligent conduct associated with this Agreement. This indemnification provision shall include, but is not limited to, all claims against Algona by an employee or former employee of Auburn or its contractors and, as to such claims, Auburn expressly waives all immunity and limitation of liability under Title 51 RCW. 31. The parties shall make good faith efforts to resolve by informal discussion any dispute arising under or in connection with this Agreement. If at any time either party to this Agreement determines that such informal discussions will not result in a resolution of the dispute, such party may request formal discussion by both parties. If formal discussion by the parties does not resolve the dispute, a settlement conference shall be held within thirty (30) days of the unsuccessful resolution meeting. The settlement conference will be held at the Seattle office of Judicial Arbitration and Mediation Services, Inc. ("JAMS"). The complaining party must contact JAMS to schedule the conference. The parties may agree on a retired judge from the JAMS panel. If they are unable to agree, JAMS will provide a list of three available judges and each party may strike one. The remaining judge will serve as the mediator at the settlement conference. 32. If any provision of this Agreement is invalid or unenforceable the remaining provisions shall remain in force and effect. IN WITNESS WHEREOF, the Participants hereto have caused this Agreement to be executed by their proper Officers on the date shown below. City of~ By: Its: Mayor Attest by: Approved as to Form City of Algona 10/21/02 By:  Its:  - Date: Attest by: v Approved as to Form by: ~ ~.s~ ,/ /, NORMALLY CLO~ 10th 8" MET 10th AVE 3TING I00,000 RESERV£ 6th ,AVE N EMERGENCY INTERTIi CONSTRUCTED JULY 4" METER WELL i~b~ AND #? AUBURN / , ........... ~_. _? .................................. E~LLINGSON /., ,<''~-~D ~:" Jl ~ EXISTJNG METER / ' ' ~ ~ FUTURE METER ' ',/"-, ~VE ~ ........ ': ) :~ .... AUBURN CITY LIMITS QUADRANT WATE~ (ALGON~--::]'.~: ; -- ,, ~'" ' ...... ::': ~ ALGONA WATE~ ,~..' ~ ~ ' 1ST RESERVOIR (PIERCE ~OU? EXHIBIT A - FACILITIES LAYOUT PLAN IA #3A ALGONA INTERTIE PROgECT SCALE: 1"=800' Update Approval 1. Auburn: Algona: 2. Auburn: Algona: 3. Auburn: Algona: Exhibit A Facilities Layout Plan WATER SYSTEM INTERTIE AGREEMENT Algona/Auburn Intertie Agreement No. 3A (continued) ., Dated: , Dated: , Dated: , Dated: ., Dated: , Dated: Exhibit B Facility Ownership, Capacity Rights, Operation, Maintenance, and Renewal and Replacement Responsibilities to WATER SYSTEM INTERTIE AGREEMENT Algona/Auburn Intertie Agreement No. 3A Operation, Facility Location Facility Capacity Maintenance, & Ownership Rights Renewal/Replacement Responsibility Meter Station 1, 200' easterly of the Auburn 100% Algona Auburn existing for Boeing Intersection of 1st Avenue Noah and Perimeter Road Meter Station 2, Intersection of Auburn 100% Algona Auburn existing Milwaukee Avenue and Boundary Boulevard Meter Station 3, Intersection of Industry Auburn 100% Algona Auburn existing Drive North and Boundary Boulevard Meter Station 4 Presently unknown, but Auburn 100% Algona Auburn future probably near intersection of West Valley Highway and Boundary Boulevard extended Meter Station 5 Presently unknown, but Auburn 100% Algona Auburn future probably near intersection of UP RR and 1 st Avenue Noah Algona Well, +/-I 50' northwesterly Auburn 100% Auburn existing of intersection of Auburn Washington Boulevard and 3rd Ave South Lakeland Hills Lakeland Hills, Pierce Auburn 180,000 Auburn Reservoir, future County gallons Algona; remainder Auburn Supply (Qi) Well #6, Fulmer Field Auburn 1,114,000 Auburn existing Well #7, City Park gpd Algona; supplemental remainder water rights Auburn 9 Exhibit B Facility Ownership, Capacity Rights, Operation, Maintenance, and Renewal and Replacement Responsibilities to WATER SYSTEM INTERTIE AGREEMENT Algona/Auburn Intertie Agreement No. 3A (continued) Update Approval 1. Auburn: Algona: 2. Auburn: Algona: ., Dated: , Dated: , Dated: , Dated: lO Exhibit C Project Criteria to WATER SYSTEM INTERTIE AGREEMENT Algona/Auburn Intertie Agreement No. 3A Project Criteria: · Meter Stations to be sized on flow volume criteria as opposed to line size. · Maximum (Qi) daily demand flow is 1.114 million gallons per day for total of all meter stations supply to Algona, except in case of fire or emergency. · Maximum annual (Qa) average daily demand flow is 0.525 million gallons per day for total of all meter stations supply to Algona. · Each meter station shall be calibrated annually for the first three years of operations, and thereafter at the discretion of Auburn. · Reservoir capacity for Algona is 180,000 gallons of the estimated 2.65 mg total capacity in the proposed Lakeland Hills Reservoir. · Total of all meter stations supply to Algona necessary for peak hourly flow and fire flow shall be determined by Algona, and such data provided to Auburn for meter station design and/or station design review. Update Approval 1. Auburn: ., Dated: Algona: , Dated: 2. Auburn: , Dated: Algona: , Dated: 11 Exhibit D Project Cost Estimate to WATER SYSTEM INTERTIE AGREEMENT Algona/Auburn Intertie Agreement No. 3A Incurred Costs IA#3 To Date Description Estimated Cost Expenditures to Date Auburn Algona METER STATIONS (includes allied costs) 2-inch @ Boeing N/A N/A N/A N/A 8-inch @ Industry Drive $25,740 $76,723 $31,757 $44,966 8-inch @ Milwaukee $25,740 $76,723 $31,757 $44,966 8-inch (Future) $28,600 N/A 0% 100% 8-inch (Future) $31,460 N/A 0% 100% Subtotal Meter Stations $111,540 $153,446 $63~514 $89,932 SUPPLY FACILITIES Well #6 $1,057,507 $990,514 $66,993 Well #7 $2,387,050 $2,235,829 $151,221 Subtotal Supply Facilities $1,787,500 $3,444,557 $3,226,343 $218,214 PRELIMINARY COSTS Algona Well/Water Rights $5,000 $5,000 $5,000 $0 Conveyance Algona Water Rights N/A N/A $30,000 ($30,000) Well Easements $2,000 $2,000 $2,000 $0 SKCRWA JOA Development $5,800 $5,800 $0 $5,800 COS/Rate Study $1,627 $1,627 $0 $1,627 Subtotal Preliminary Costs $14,427 $14,427 $37,000 ($22,573) COSTS TO DATE N/A $3,612,430 $3,326,857 $285,573 PAYMENTS TO DATE N/A N/A ($3,326,857) ($85,30O) BALANCE OWING N/A N/A $0 $200,273 STORAGE FACILITIES Lakeland Hills Res. $2,700,000 N/A $2,520,000 $180,000 Subtotal Storage Facilities $2,700~000 N/A $2,520,000 $180,000 Estimated Total PROJECT COST $4,613~467 $6~312,430 $5,846,857 $465~573 Update Approval 1. Auburn: , Dated: Algona: , Dated: 2. Auburn: , Dated: Algona: , Dated: 12 Activity Exhibit E - Project Schedule to WATER SYSTEM INTERTIE AGREEMENT Algona/Auburn Intertie Agreement No. 3A Date Execute Interlocal Agreement #3 Complete master meter stations design for initial two stations Algona to provide well, water rights and easements conveyance to Auburn Award master meter stations construction contract Complete construction of master meter stations 4/2 and #3 Final master meter stations and conveyance project cost accounting Interim payment of $85,300 from Algona Final Auburn Wells 6 and 7 cost accounting Execute Inteflocal Agreement #3A Future construction of master meter stations #4 and #5 Algona to provide $200,273 to Auburn for partial payment of cost incurred to date Algona to provide $180,000 to Auburn for partial payment for future Reservoir Final project cost accounting Final IA #3A balancing payment from Algona Completed, Completed November 2002 Completed Completed Completed Completed Completed November 2002 To be determined 31 March 2003 Due at Construction Contract Award 31 March 2008 30 April 2008 13 Exhibit E Project Schedule to WATER SYSTEM INTERTIE AGREEMENT Algona/Auburn Intertie Agreement No. 3A Update Approval 1. Auburn: Algona: 2. Auburn: Algona: , Dated: ., Dated: , Dated: ., Dated: 14 Exhibit F - Bill of Sale for Algona's Well to WATER SYSTEM INTERTIE AGREEMENT Algona/Auburn Intertie Agreement No. 3A (follows) '~eturn Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 · Above this line reserved for recording information. Reference # (if applicable): Grantor/Borrower: BILL OF SALE N/A 1) City of Algona Grantee/Assignee/Beneficiary: Legal Description/STR: Assessor's Tax Parcel IDg: City of Auburn NW, SW 1/4, 25-2 I-4E 95.4300-0570 Additional on page: 2) Additional on page: Additional on page: KNOW ALL MEN BY THESE'PRESENTS that for and in consideration of the sum of ONE DOLLAR'($1.00), and for the consideration of incorporating the facilities into the City system, and other good and sufficient consideration, receipt whereof is hereby acknowledged, the undersigned Grantor City of Algona, a Municipal Corporation in King County, Washington, do by these presents hereby convey, setover, assign, transfer and warrant to the City of Auburn, a Municipal Corporation in King County, Washington, a well and waterworks supplying water for public use, the associated ground water right (EXHIBIT 'A', Certificate Number GI-22769C), and all appurtenances or any other associated public facility generally consisting of a ten (10) inch casing to approximately 65 feet be]ow ground surface. Situated within the following described real property. See EXHIBIT 'B' ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. and the said Grantor(s) hereby warrant(s) that 'they are the sole owner(s) of all the property above conveYed; that they have full power to convey the same and that they will defend the title of the said Grantee against any and all persons lawfully making claim thereto, and indemnify the City of Auburn for any costs, including Attorney fees in defending tide, Bill of Sale Page I of 2 day of IN WITNESS wHEREOF the Grantor(s) has/have executed these presents this ,2002. City of Algona, GRANTOR GLENN WILSON, MAYOR STATE OF WASHINGTON) )SS. County of King ) I certify that I know or have satisfactory evidence that . is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of , a Municipal Corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated Notary Public in and for the State of Washington residing at · My appointment expires File: 4.1 REF. H:~FORMS~FC089 (R 4/01 ) Bill of Sale Page 2 of 2 t~'.~ rd e Street AI~ k'ashJn£ton 98002 ri.c/il to . . · .... t d iii t/l~ /'.*ri,il i~,~rd .b r Ih(' ~¢pnrl,t~lll of ~1(~)'. alld IIw[ ~id ri. dtl to I/Jr o ~id PUBLIC WATEREE APPROPRIATED ~ 'Iv - contJnuousZ' LOCAIION OF DIVERSION/WITHDRAWAL 400 feet east and 1200 feet south froe ~,~st q_.~rter corner.of Sec. 25 RECORDED PLATED pROPERT7 A~ea serred by ¢it)' of ^lgo~ ,7to right to the use o.f the ~ter v fore, id herein)' confirmed i$ t;e~tricte~ to the land~ or p~ce dea~br.;. .a~ept ~ pm~lded bt RC[~ 90.0~.~0. 90.0~.~90. and 90.4<020. ~0.~4.1~. ~" ' Given under thy i, and attd the ~nl o/th~ or, ce at. ~ · I~ashh~iofl. thB o/ ............. ~0g~ .................. ... I~...?~. ........ Departmen! of Ecology 't,.~.. ....... ~~h......~.'. ....... o.: ........................... ~..',E I~OBBRT K, I~lcal~l]l~, Regional lqanagor__ FOIl COUNTY USE ONLY .,ilArl Iii ~-A~iiI,'a;RI:4 DEPART~IE/~T OF ECOLOGY PROOF OF APPROPRIATION OF WATER s,r':7 L~r.~ .Street. A)ror~~. ~:A qP.r~ LEGAL DESCRIPTIOH OF PROPERTT OH WHICH W~TER .~e]3 ~[te: ~ZOC~. ~,, LOt.~ P]BLa, Vol lO .~,e .'16, tnt.~ot~ or .~tcr i:~-e~. L, rJty cr Ale. om; 1~ashJr~.tor.. .* Cescr:ipUon ofC.(ty UnJts: Al] [hnt ~U~ oF Fecti~ F3, ~, 25,* 26 a~ 35 n~ ~* F~Z~3~G at the ~rth~g c~ner oF ~e ~outhm~:.o~mrter or ~ctlon 23, 'T~n- · north ~t~ ~n:~r~cCJon vRh t~ e~:h~y ~n or the r~ht~7 o~ ~ ~R~h ~t~et: :he~ ea,:er 3y ~Jd easterly ,"~re, tn or ?6b~ A~,nm Sauth to an LnLeraect:lm wRh tho ..od.'- . Exhibit G - Well Site Easement to WATER SYSTEM INTERTIE AGREEMENT AlgonaJAuburn Intertie Agreement No. 3A (follows) 16 ' Returr/Address: · City of Auburn City Clerk 25 West Main .~ Auburn, WA 98001 Above this line reserved for recording information. EASEMENT Well Site Easement Reference # (if applicable): Grantor/Borrower: Grantee/Assignee/Beneficiary: Legal Description/STR: Assessor's Tax Parcel IDS/: N/A City of Algona City of Auburn NW, SWI/4, 25-21-4E 954300-0570 Additional on page: 2) Additional on page: Additional on page: For and in consideration of the sum of one dollar ($1.00) and other good and valuable consideration in hand paid, receipt of which is hereby acknowledged, and for benefits to be derived by the Grantor herein, Grantor, City of Algona, a municipal corporation of King County, Washington, hereby conveys and warrants to the City of Auburn, Grantee herein, a municipal corporation of King County, Washington, its successors and assigns, a perpetual Nonexc]usive Easement under, over, through and across the following described real property for the purpose of operating, maintaining, installing and decommissioning a well and waterworks supplying water for public use AND APPURTENANCES THEREOF, said real property being described as follows: SEE EXHIBITS "A" AND "B". ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. This easement is given under the threat of and in lieu of Eminent Domain. ' Said Grantee shall have the absolute right, at times as may be necessary, for immediate entry upon said Easement for the purpose of maintenance, inspection, construction, repair, reconstruction or decommissioning of the above improvements without incurring any legal obligation or liability therefore. Said Grantee shall have the absolute fight to place any type of driving surface within said Easement deemed necessary by the Grantee. EASEMENT Page I of 4 Said Grantor shall not in any way block, restrict or impede access and egress to or from said Easement, and/or in any .way block, restrict or impede full use of the real property within the above-described Easement by said Grantee for the above-described purposes. Said Grantor may fence across said Easement and/or along the boundaries of said Easement provided that a gate is constructed in said fence. Said gate shall be of sufficient length and location to allow the Grantee full use of, and access and egress to and from the real property within the above-described Easement. If said gate is to be locked, keys shall be provided to the Grantee. This Easement shall be a covenant running with the above-described real property and burden said real estate, and shall be binding on the successors, heirs and assigns of all parties hereto. Dated this ~ day of ,2002. City of Algona, GRANTOR GLENN WILSON, MAYOR STATE OF WASHINGTON) County of King ) I certify that I know or have satisfactory evidence that and is/are the person(s) who appeared before me, and said individual(s) acknowledged that he/she/they signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in this instrument. Dated Notary Public in and for the state of Washington residing at My appointment expires REF. H:~FORMSkFC087 (4/98) EASEMENT Page 2 of 4 EXHIBIT "A" ALGONA WATER WELL EASEMENT 3RD AVENUE SOUTH AND WASHINGTON BOULEVARD THAT 'PORTION OF LOTS 23 AND 24 AND 25 AND 26 AND 27 AND 28 AND 29 AND 30, ALL IN BLOCK 4 OF WOOD'S ALGONA ADDITION, DIVISION NUMBER 1' TO THE CITY OF SEATTLE ,AS RECORDED IN VOLUME 19 OF' PLATS, PAGE 36, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 30; THENCE NORTH'01°31'15" EAST ALONG THE WEST BOUNDARY OF SAID LOT 30, A DISTANCE OF 13.12 FEET; THENCE SOUTH 88°28'45'' EAST, 49.52 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 01°31'15'' EAST, 100.00 FEET; THENCE SOUTH 88°28'45'' EAST, 100.00 FEET; THENCE SOUTH 01°31'15" wEST, 80.00 FEET; THENCE SOUTH 88°28'45'' EAST, 117 FEET MORE OR LESS TO THE WEST MARGIN OF WASHINGTON BOULEVARD; 'THENCE SOUTHERLY 20.00 FEET MORE OR LESS ALONG SAID WEST MARGIN OF WASHINGTON BOULEVARD TO A POINT WHICH BEARS SOUTH 88°28'45'' EAST FROM SAID TRUE POINT OF BEGINNING; THENCE NORTH 88°28'45'' WEST, 217 FEET MORE OR LESS TO SAID TRUE POINT OF BEGINNING. SITUATE IN THE NORTHEAST. QUARTER OF THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 21 NORTH, RANGE 4 EAST, W. M. EASEMENT Page 3 of 4 EXHIBIT "B" EASEMENT Page 4 of 4 Exhibit H - Access Easement to WATER SYSTEM INTERTIE AGREEMENT AigonaJAuburn Intertie Agreement No. 3A (follows) 17 Reiurn Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 Above this line reserved for recordin~ information. EASEMENT Access Easement Reference # (if' applicable): Grantor/Borrower: Grantee/Assignee/Beneficiary: Legal Description/STR: Assessor's Tax Parcel II)g: N/A l) City of Algona City of Auburn' NW, SW1/4, 25-21-4E 954300-0570 Additional on page: 2) Additional on page: Additional on page: For and in consideration of the sum of one dollar ($1.00) and other good and valuable consideration in hand paid, receipt of which is hereby acknowledged, and for benefits to be derived by the Grantor herein, Grantor, City of Algona, a municipal corporation of King County, Washington, hereby conveys and warrants to the City of Auburn, Grantee herein, a municipal corporation of King County, Washington, its successors and assigns, a perpetual Nonexclusive Easement under, over, through and across the following described real property for the purpose of ingress and egress, said real property being described as follows: sEE EXHI]3ITS "A" AND "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. This easement is given under the threat of and 'in lieu of Eminent Domain. Said Grantee shall have the absolute right, at times as may be necessary, .for immediate entry upon said Easement for the purpose of maintenance, inspection, construcuon, repair or reconstruction of the above improvements without incurring any legal obligation or liability therefore. Said Grantee shall have the. absolute right to place any type of driving surface within said Easement deemed necessary by the Grantee. Said Grantor shall not in any way block, restrict or impede access and egress tO or from said Easement, and/or in any way block, restrict or impede full use of the real property within the EASEMENT Page 1 of 4 above-described Easement by said Grantee for the abOve-described purposes. Said Grantor may fence across said Easement and/or along the boundaries of said Easement provided that a gate is · constructed in said fence. Said gate' shall be of sufficient length and location to allow the Grantee full use of, and access and egress to and from the real property within the above-described Easement. If said gate is to be locked, keys shall be provided to the Grantee. This Easement shall be a covenant running with the above-described real property and burden said real estate, and shall be binding on the successors, heirs and assigns of all parties hereto. Dated this ~ day of , '2002. City of Algona, GRANTOR GLENN WILSON, MAYOR STATE OF WASHINGTON) County of King ) ' ' I certify that I know or have satisfactory evidence that and is/are the person(s) who appeared before me, and said individual(s) acknowledged that he/she/they signed this instrument and acknowledged it to be' his/her/their free and voluntary act for the uses and purposes mentioned in this instrument. Dated Notary Public in and for the State of Washington residing at .~ My appointment expires REF. H:kFORMS~FC087 (4~98) EASEMENT Page 2 of 4 EXHIBIT "A" ALGONA WATER WELL EASEMENT 3RD AVENUE SOUTH AND WASHINGTON BOULEVARD THAT PORTION OF LOTS 23 AND 24 AND 25 AND 26 AND 27 AND 28 AND 29 AND 30, ALL IN BLOCK 4 OF WOOD'S ALGONA ADDITION, DIVISION NUMBER 1 TO THE CITY OF SEATTLE AS RECORDED IN VOLUME 19 OF PLATS, PAGE 36, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST 'CORNER OF:SAID LOT 30; THENCE' NORTH 01 °31 '15" EAST ALONG THE WEST BOUNDARY OF SAID LOT 30, A DISTANCE OF 13.12 FEET; THENCE SOUTH 88°28'45'' EAST, 49.52 FEET TO THE TRUE POINT 'OF BEGINNING; THENCE NORTH 01°31 '15" EAST, 100.00 FEET; THENCE SOUTH 88°28'45" EAST, 100.00 FEET; THENCE SOUTH 01°31'15" WEST, 80.00 FEET; THENCE SOUTH 88028'45'' EAST, 117 FEET MORE OR LESS TO THE WEST MARGIN OF WASHINGTON BOULEVARD; THENCE SOUTHERLY 20.00 FEET MORE OR LESS ALONG SAID WEST MARGIN OF WASHINGTON BOULEVARD TO A POINT wHICH BEARS SOUTH 88°28'45'' EAST FROM SAID TRUE POINT OF BEGINNING; THENCE NORTH 88°28'45'' WEST, 217 FEET MORE OR LESS TO SAID TRUE POINT OF BEGINNING. SITUATE IN THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 2.1 NORTH, RANGE 4 EAST, 'W. M. 'EASEMENT Page 3 of 4 EXHIBIT "B" EASEME1WF Page 4 of 4