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