HomeMy WebLinkAbout86-024 - King County Water District #125 - Interurban Avenue South / 52nd Avenue South Water ServiceDATE --=
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CITY CF TUKWILA & WATER DISTRICT NO. 125',)
AGREEMENT TO PROVIDE WATER SERVIJJg LV'U ' fo2S
r s.+S_
THIS AGREEMENT made this / day of � , 19 ' /
between Water District No. 125, King County, and C y of Tukwila
(municipality).
WHEREAS, Water District No. 125 and City of Tukwila
(municipality), are corporations organized under the laws of the State
of Washington; and
WHEREAS, the State Department of cc>:iE.l and Health Service
recommends Water Service Agreements bete adjacent water utilities;
and
WHEREAS, the Comprehensive Plan Water District No. 125 anti-
cipates such needs; and
WHEREAS, this intertie is of mutual benefit to provide emergency
water supply for the City of Tukwila and Water District No. 125; and
NOW THEREFORE it is hereby agreed as follows:
1. Scope of Service
The City of Tukwila will provide the following service to Water
District No. 125
Upon declaration that an emergency exists by Water District No.
125, the City of Tukwila will provide water to Water District
No. 125.
Location of meter will be: Interurban Ave. S. & 52nd Ave. S.
Size and type of meter will be: 4"
Meter Number or identification:
Meter will be owned by: Water District No. 125
Meter will be maintained by: Water District No. 125
Meter will be installed and paid for by: Water District No. 125
Meter will be read by: City of Tukwila
Hydraulic gradient provided by the City of Tukwila at meter will
be: (max.) 350 HGL
(min.) N/A HGL
Estimated available flow will be: (max.) 1,000 GPM
(min.) N/A GPM
Estimated annual consumption will be: (max.) 40 MG
(min.) N/A MG
Intertie valves will be normally: Closed
2. Cost of Water
Charges for water will be the current wholesale rate charged by
the Seattle Water Department for "New" water as defined by the
Water Purveyor Contract plus $0.05 per 100 cubic feet of water
used.
3. Indemnification
Water-Distri;:t No. 125 , agrees to indemnify and
hold harmless tr:e City of Tukwila from any claim arising from
this agreement. rurtherm.ore, it is understood and agreed that
the City of Tukwila makes no warranties or assurances as to
water availability, p4essure or volume at any given time. It is
understood that if the City of Tukwila's water service to the
interconnection point is temporarily interrupted for repair or
an emergency, the City is not obliged to provide an alternative
source of supply. The City of Tukwila does, however, warrant
that it will not, except for reasons such as the foregoing,
interrupt the water supply to the interconnection.
4. Notification
In the event Water District No. 125 requires emergency water
supply through this intertie, Water District No. 125 shall
notify the City of Tukwila in writing prior to commencing and
upon termination of use. Notification shall include the time,
date, and meter reading at commencement and termination of use.
5. Reciprocity of Agreement
In the event that the City of Tukwila desires to purchase water
from Water District No. 125 through the aforementioned meter,
Water District No. 125 agrees to provide water under the same
conditions agreed to by the City of Tukwila in paragraphs 1,
2, and 4, provided: the City of Tukwila agrees to indemnify and
hold harmless Water District No. 125 from any claim arising from
this agreement. Furthermore, it is understood and agreed that
Water District No. 125 makes no warranties and assurances as to
water availablility, pressure or volume at any given time. It
is understood that if Water District No. 125's water service to
the interconnection point is temporarily interrupted for repair
or an emergency, Water District No. 125 is not obliged to
provide an alternative source of supply. Water District No. 125
does, however, warrant that it will not, except for reasons such
as the foregoing, interrupt the water supply to the
interconnection.
6. Term
This Agreement, except for the water rate, shall extend for ten
years from the date hereof, arid shall continue indefinitely
thereafter unless terminated by either party for good cause
shown.
CITY OF TUKWILA, WASHINGTON
Gfi V BY • At, .0:411fillikm&•
WATER DISTRICT NO. 125
BY:
�R SIDENT OF THE BOARD OF AT '
OMMISSIONERS
BY: rot //z
SECRETARY OF HE BOARD OF WATER
COMMISSIONERS
RIGHT OF ENTRY AGREEMENT
This Agreement made this 97* "' day of C7567x3611L-, 1985,
by and between Water District No. 125 (the District herein) and its
assigns, and the MUNICIPALITY OF METROPOLITAN SEATTLE (Metro herein).
This. Right of Entry is given the District and its assigns by
Metro for the purpose of designing, installing, constructing, reading,
and repairing a water meter with all connections, manholes and
appurtenances thereto together with the right of ingress to and egress
from over, across, along, in, upon and under the property described in
the attached Exhibit A.
Metro, the District and its assigns, by granting and accepting
this Right of Entry respectively, mutually covenant and agree as fol-
low:
1. This Right of Entry will become null and void at such time as the
property described in Exhibit "A" is conveyed to the City of Tukwila
for street purposes or December 31, 1987, whichever shall first occur.
2. By executing this Right of Entry Agreement, Metro does not waive
any legal remedies available to it for just compensation. In the
event the property described in Exhibit "A" is not conveyed to the
City of Tukwila before December 31, 1987, as contemplated above, then
if requested by Metro, the District and its assigns shall remove all
facilities installed under this Right of Entry at its own expense or
purchase an easement for said facilities based on the fair market
value of the easement rights to be acquired.
3. The District and its assigns shall protect and save harmless
Metro from and against any and all claims, damage to or loss or
destruction of property whatsoever suffered by Metro, their successors
and assigngs, tenants, licensees and invitees because of the installa-
tion and construction of said water meter, but the District and its
assigns shall not be so obligated in the event of the negligence of
Metro, their successors and assigns, tenants, licensees and invitees
causing such damage, loss or destruction.
4. The District and its assigns shall, upon completion of construc-
tion of any facilities described herein, remove all debris and restore
the surface of the property as nearly as possible to the condition in
which it existed at the date of this Agreement.
5. This Right of Entry is subject to such leases, licenses and per-
mits heretofore granted by Metro or predecessors in interest affecting
said property as may be currently valid at law.
KING COUNTY WATER DISTRICT NO. 125
By: J T_
MUNICIPALITY OF METROPOLIITAN SEATTLE
Title: Right -of -Way & Property Supervisor
Document No. 70.59
DOCUMENT NO. 69.13
WD 1125 TUKWILA INTERTIE
EXHIBIT A
PROPERTY DESCRIPTION FOR RIGHT OF ENTRY PERMIT
A STRIP OF LAND 10 FEET WIDE, 5 FEET EACH SIDE OF THE CENTER LINE
DESCRIBED AS FOLLOWS:
COMMENCING AT A BRASS CAP MONUMENT LOCATED AT THE INTERSECTION OF
INTERURBAN AVENUE SOUTH AND 52ND AVENUE SOUTH; THENCE SOUTH
46°14'37" EAST, 100 FEET ALONG THE CENTER LINE OF 52ND AVENUE
SOUTH AS PROPOSED FOR THE RIGHT-OFWAY DEDICATION TO THE CITY OF
TUKWILA; THENCE NORTH 43°45'23" WEST, 14.58 FEET TO THE EXISTING
NORTH RIGHT-OF-WAY LINE FOR 52ND AVENUE SOUTH, THE POINT OF BEGIN-
NING; THENCE NORTH 43°45'23" WEST, 15.42 FEET TO THE PROPOSED
RIGHT-OF-WAY LINE FOR 52ND AVENUE SOUTH, END OF THIS DESCRIPTION.
UTILITY PERMIT APPLICATION
Permit Number: /ac -044 '
Utility and Address: King County Water District No. 125
P.O. Box 68147
Seattle, WA 98168
Applicant: Frank Pearson Telephone: (206) 242-9547
Application is hereby made by the above referenced utility to the municipality of the
City of Tukwila to,perform work as noted below or as shown on attached drawing(s):
See Attached Drawings
Note open cut along 52nd Avenue South.
This permit is valid for er0 calendar days from %/P/03
The applicant shall comply with all State and local laws or ordinances. The
applicant shall save the City harmless from any and all damages which may accrue to
any person or property because of this installation or the maintenance thereof.
Work performed under this permit shall include:.
1) 24 hours prior to construction the contractor shall notify the City.
Inspectors Pat Brodin, at 433-1854.
2) Prior to construction all utilities in the vicinity shall be field
located. NOTE: For City of Tukwila utility Iodates call 433-1860.
3) Detours within the public right of way shall be in accordance with the
current edition of the Manual On Uniform Traffic Control Devices.
4) For work within public road - no open cut allowed unless specifically
approved.
City of Tukwila
Approved by:
Title:
Date Approved: -7/216—S
AGREEMENT
THIS AGREEMENT is effective on. the last date of ac-
ceptance indicated below and is between the CITY OF TUKWILA
(hereinafter the "City"), a city incorporated and existing
under the laws of the State of Washington and WATER DISTRICT
NO. 125, KING COUNTY (hereinafter the "District"), a water
district incorporated and existing under the laws of the State
of Washington;
WHEREAS, an industrial water user, Seattle Render-
ing Works, Inc., owns and operates a plant lying within the
corporate limits of the City and which has been served by the
City's water utility; and
WHEREAS, the parties agree that the interests of
all concerned would be best served by the District providing
water service to the above mentioned property of Seattle
Rendering Works, Inc., under the terms set forth below;
WITNESSETH:
IT IS AGREED by and between the parties as follows:
1. Installation of Service. The City will in-
stall a new 6 -inch water distribution line on the property of
Seattle Rendering Works, Inc., the cost of which is estimated
at $15,000.00 and which will be paid for by the City.
1
2. Connection to District's Line. The aforemen-
tioned new service will be connected to the District's 6 -inch
main which crosses the railroad tracks outside and northwest
of the entrance to the Seattle Rendering Works, Inc. plant.
3. Flow Meter. The City will install a 6 -inch
flow meter and vault in the new service at the west property
line of the Seattle Rendering Works, Inc.
4. Easements. The City will obtain and later as-
sign to the District all necessary easements from the landowners
M & L Investments and Burlington Northern Railroad. The
legal description of the Seattle Rendering Works, Inc. property
is as follows:
That portion of C. E. Brownell Donation Claim
more particularly described as follows:
Beginning near the West line of Section 13,
Township 23 N, Range 4 E.W.M. at a concrete
monument which is 1,510.74 feet South of and
2,143.89 feet West of the Northeast corner of
said donation Claim and running thence Due
West parallel to the North line of said Dona-
tion Claim 1,715.29 feet to a point one foot
West of the Most Westerly rail of the North-
ern Pacific Railroad; thence parallel to said
rail North 27°21'30" West 668.61 feet; thence
south 69°22'40" west 47.44 feet to an iron
pipe on the Westerly line of the right of way
of said Northern Pacific Railroad, which iron
pipe is the true point of beginning; thence
continuing South 69°22'40" West 190.00 feet
to a second iron pipe at the top of the East
Bank of the Duwamish river; thence continuing
south 69°22'40" west about 30 feet to mean
-2-
high water of said Duwamish river as same has
averaged for past five years; thence along
said High water line Southeasterly to said
Westerly line of right of way; thence North-
westerly along said Westerly line of right of
way about 290.0 feet to the true point of
beginning. Reserving therefrom an easement
for use of premises owned by grantors to north
of above described tract on and over a strip
of land 30 feet wide adjacent to said Northern
Pacific right of way extending from Northerly
line of above described tract Southerly to
South side of grade crossing of said railroad
right of way as said grade crossing now exists
or as said grade crossing may be reconstructed.
Situated in King County, Washington.
5. Transfer of Ownership. After completion of con-
,
struction, the City will transfer ownership of the new\service
and underlying easements to the District, which will then pro-
vide permanent water service to the Seattle Rendering Works,
Inc. property.
6. Payment by District. The District will pay the
City for its construction and financing costs incurred in the
installation of the aforementioned new service as follows: cash,
without interest, if paid within ninety (90) days of January 1,
1979; or over a period of not more than ten (10) years, in
installments with payments of no less than 10 per cent of the
total, paid no less than annually, with interest of nine (9)
per cent per annum from April 1, 1979, on the declining balance.
7. Security Agreement. The District ("Debtor")
hereby grants to the City ("Secured Party") a security interest
in all of the property described in the Bill of Sale executed
-3-
as provided in Paragraph 5 above, together with all increases
therein, all added and substituted parts and equipment, tools,
parts, accessories, supplies and improvements therefor.
All of said property is located in King County,
Washington.
This security agreement is given to secure the
payment and performance of all indebtedness and obligations of
Debtor to Secured Party presently existing and hereafter
arising, direct or indirect, and interest thereon.
If any of the property is to be or has been attached
to real estate, the description of that real estate is set
forth in Paragraph 4 above.
ACCEPTED:
December Li, 1978
CITY OF TUKWILA
By
Edgr D. Bauch, Mayor
APPROVED:
TERENCE R. ONAG• 'r , P.E.
Public Works Dir -tor
-4--
ACCEPTED:
December j, 1978.
WATER DISTRICT NO. 125, KING
COUNT
By
(Jitimes I. Angle, President
$oard of Commissioners
6? /,; 6F
C. H. Walmer, Secretary
Board of Commissioners
By
BY�V\� �./,.1L-�
W. C.L. Wiese, Member
Board of Commissioners
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