HomeMy WebLinkAbout1974 - Memorandum of Agreement - King County Water District #75 / Segale Mario - 7408270565
Highline water district intertie
Water district 75 intertie
Water district #75 intertie
KING COUNTY WATER DISTRICT No. 15 (referred to
herein 09 'District") and MARIO A. SEGALE (referred to
herein as "Segale") mutually agree as follows:
BACKGROUND AND PURPOSE OF AGREE!IENT
Segale, a married man, is the owner and develor....r
as his separate property of "Segal° Business Park', lying
south of and adjacent to South 190th Street (being a portion
of Section 35, Township 24 North, Range
Tukwila, King County, Washington), as depicted on drawing
entitled "Sega,le Business Park Utilities Layout", dated
.iuly 1973, prepared by Neriwether-Leac:man Associatea,
which drawinj is attached hereto as Exhibit "A" and in-
corporated s part of this agreement. The location of
Street "is" as shown on said drawing, is established (sev-
eral industries have been constructed or are now in the
orocess of construetion aljacent thereto). South 180th
Ntreet and Soueacenter Parkway arc existing public roads
which lie along the perimeter of the business park. The
locations of other streets within the business park, ls
shown on said drawing, are approximations only, and are
:.ubjcet. to adjnet=cet as %tly nends of industries becoming
Situated in the business 'park become better known. A
TERMS OF AGREEMENT
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temporary 8 -inch water ling has been installed by Segnic•
on "A" Street as an interim measure Pending replacement b;
a permanent 12 -inch line. See Exhibits "8 -1" and "i) -2"
attached hereto and made apart hereof. The purpose of
this agreement is to set forth the conditions under
which the District will provide water service to Seg%.e
usiness Park and industries becoming situated therein.
1. District will endeavor to obtain funding
from the Economic DevJlopnent Administration (EDA) for the
installation of a permanent facility to serve the wa }er
needs of said business park, said permanent installation
to be constructed in accordance with the District's stan-
dards then obtaining. Setale will assist District, as re-
quired, in connection with the application for said grant
and any hearing scheduled in connection therewith, and
district will keep Segal. advised.as to its progress to-
ward obtaining said funding. '
2. if and when said funding is received from
the EDA, District will utilize said funds for thn instal -
laii ,:: s puLmuntnt water fer. a1or. "A" 5tr..•e $
replace the existing temporary facility as heretofore in
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.stalled by Segale. and shall further utilize said funds
or the installation of a permJnent water facility on other
streets within Segale eusinas& Park, as depicted on Exhibit
"A" hereto. See Exhibits "8 -1" and ".1 -2" attached hereto.
U, Segale will pay tho full cost of saidpermianent installation
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0 of watcrmains within Segale business Park to the extant
EDA funds appropriated therefore are insufficient. Fed -
er
oral funds may be sufficient to cover the cost of bring-
ing the water to the property (i.e., • 16 -inch main run-
ning approximately ,South 194th Street and 56th Avenue
South to an easement which is approximately 186th Street
South, and involving a connection at South 194th Street
to an existing 18 -inch main of the District). If fcleral
funds are not granted, Segale at his election shall do
ono of the followings
A. Connect to the Tukwila main at South 180th
Street, adjacent to his property. but he shall be re-
.iuired to pay for bringing water from that point to his
;property and for the connection to the Tukwila line (at
South 180th Bifrost).
8. Connect with existing 8-inch line at South -
center Parkway at South 164th Street and permit eitt'•,r
Segale or City of Tukwila to install • line to intertie
f r...m minting Tukwila water syt'i. on 180th Street to
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"A" Street in Segale nuniness Park As shown on Exhibit
"A". in which event the •atrict shall not be responsible
tole the adequacy of the main or water supply.
C. Install a line from tho District main at
about 193rd Street to Segale Dusinees Park. A 16-inch
line will be required for this purpose.
Segale shall have at his option, the right of
loing either of the options listed above, "A" through "Cm,
by forming a Utility Local Improvement District (per
aCW 57.16.060 et Deg) as to part or all of the Develop-
ment, whether within or without the Industrial Park. The
additional cost for lines exceeding 12 inches which are
required by the'District, shall be the sole responsibility
of the District.
3.In the event of no Federal funding, Sepia,
in addition to the obligations set forth herein, shall pay
for the full cost of the installation of 12-inch water
• lines (permanent) within tho Segale Business larks or an
:alternative option availah1e is. that Segale shall have the
'right to petition to form a Utility Local Improvement
JiataCt (per KW 57.16.00 et eq.) within tho Park,
to pay for the full cost of the installation of 12-inch
water lines (permanentlwithin the Segale Business Park.
The additional cost for lanes exceeding 12 inches within
the Segale Business Park rhall be the sole responsibility
of the District. The installation described in this para-
4raph shall be on the conditions sot forth herein Mains
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shall be installed for each tract. or lot of property re-
yuiriny water; and the main shall extend across the width
of the property (or across the front of the property as
the case may be): and, the win shall extend Lo the pro-
perty line of the next lot or tract so as to prevent any
hiatus, if and when the next lot or tract applies for
water.
4. ent for federal funding is not
received by De ‹. -51 1974. then Segale shall then
select in writing one of his options herein and shall com-
mence the installation of_maine as sot forth herein above.
Where the installation by Segale of permanent 12 -inch stains
are required by this agreement, the work shall be commenced
and completed with reasonable diligence and within a
reasonable period of time.
5. District shall not be responsible for the
adequacy of said temporary lines as installed by Segale
and the maintenance of said lines shall be the sole respon-
sibility of Segale. .
6. As permanent water lines are installed
(whether through EDA financing or otherwise), Segal* will
grant to the District. from time to ties easements and •
rights -of -way for the construction, maintenance. repair
and replacement of permanent water lanes, toguchua with all
necessary rights of ingress and egress to and from said :
easements. In addition, before any watermains are ac-
cepted by the Dibtriel ur water furnished by the District.
through said mains. Segale shall execute and deliver to
the District a Bill of Sale, to such permanent mains as
are involved and shall execute and deliver to the District
the necessary permanent easements. Said easements shall
tt') be in the usual form required by the District of other
developers, an example of which is Exhibit "c: ". They
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5ha11 be 20 feet in width for construction purposes,
sr reduced to a 15 -foot width for maintenance and repair
,3urposcs and permanent in time. Although other utilities
may share said easement, nevertheless reasonable and ade-
quate space and roam shall be allowed in all cases for
installing and maintaining said mains for the purposes
referred to above. If Segalo desires't3 change the loca-
tion within thc Segalo Busint..s Park of tcmptcary or por-
..ianent watermains, the coat of re- location shall entirely
be born by Scgales but revised easements and Bills of
Sale shall first be executed and delivered to the District
to cover the change of location.
7. District will assume all functions and costs
of construction, mai.ntenar.e, repair and replacement for
said permanent water lines and will furnish water, upon
.he performance by Segale of his obligations herein, in-
cluding but r.:,t 1iadtcd to thc grant of carcmeat= retcrred
to herein and the execution of such Bills of Sale as may
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be requirod or requested by the District covering any of
said mains.
S. Segale shall pay for a 10 -inch motor, unless
an inter -tie meter is provided by the City of Tukwila,
whon permanent 12 -inch mains are constructed (in their
initial phase), or sooner if the District needs or re-
4uires the District's. 6 -inch meter, which is presently
being used by Segale.
9. The furnishing of water to the temporary
line(s) along ,'A' Street which is (arc) presently connected
to the Tukwila system, shall be limited to the period
ending August 31, 1974, unless such period is extended
by the City of Tukwila. The furnishing of water either
through temporary or permanent mains is conditioned along
other things upon Segale'm performing all of the terms
required of him by this e9reement. Water service shall
be at going rates.
10. This agreement shall inure as to its bene-
fits and burdens to the parties hereto and their respective
a
successor') and assigns. It is understood this agreement
shall be recorded in order to put prospective or future
purchasers of the Segale property on notice of their
rights and obligations.
DATED this '7 ---day of a .1 c, u r. 197
KING COU
Sc B-
r o A. qa e, aarr ca" icnry
man, dealing in is own sep-
arate property and eytate.
WATER DISTRICT HO. 75
S"ro}a
STATE OF WASHINGTON )
) as.
COUNTY OF KING )
On this ,gL day of als . 1974, hefore
me, the undersigne37 a Nutary Pub1Z n an for the State
of Washington, duly commissioned and sworn, personally
appeared HENRY D. LYLE and LYLE M. LINDBLAD, to me known
to be the President and Secretary, respectively, of
KING COUNTY WATER DISTRICT NO. 75. tho corporation that
executed the foregoing instrument, and acknowlodgod tho
naid instrument to be the free and voluntary act and deed
11) of said corporation, for the uses and purposes therein
u: mentioned, and on oath stated that they were authorized
CD to execute the Raid instrument. and that the seal affixed
1■ is the corporate seal of said corporation.
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WITNESS my hand and official seal hereto of •iIxlr
r i ixod the day and year in this certificate above wri -�
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ary ub c n an oyv • f
Washington,residing at
STATE OF WASHINGTON )
as.
COUNTY OF KING ) 1
On this day of , 1974, before
me. the undersign Notary Public, ono y appeared
:MARIO A. SEGALE, to me known to be • individual who
executed the within and foregoing instrument, and acknow-
ledged that he signed and sealed the same as his free and
voluntary act and deed, for the uses and purposes therein
mentioned.
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GIVEN under my hand and official seal the day
and year in this certificate above written.
.
•01 11..
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No•a c n an
wash)nZMn, residfng a
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lib 48 Plot
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EXHIBIT A
Plans of Segal' Business Park Utilities Layout, Msriweth'r-
Leadhman Associates, dated July, 1973, attached to original
duplicates of this Memorandum Agreement, too bulky to record.
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Exhibit 11-1
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Exhibit 15'4
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Legal Descriptions
A portion .of Section 3S. Township 24
North, Range 4 D.W.H., in Tukwila,
King County. Washington.
EASEMENT Ira WATER PIPELINE
THE Grantor , MARIO A. SEGALE, a married scan, dealing
in hos own separate property and estate
doss bersby grant to WATER DISTRICT NO. 75, King County, Washing-
ton, a municipal corporation, Grantee, its successors and cosigns,
an easement and right -of -way over, through, under, across, upon
and in the follm in: described property situated in the City of
, Nin; County, Washington, to -wit:
for the construction, operation, maintenance, repair and /or re-
placement of a water pipeline.and appurtenances thereto, together
with the right of ingress and egress to and from said easement
for all iurposss necessary end related thereto.
This easement is granted with the understanding that the
property affected will be returned to a condition equal to its
original condition upon completion of any construction. The
Grants agrees to indemnify and save harmless the Grantor from
any liability or damage accruing to the Grantor arising from the
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4ECOROED OF
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FILED for Record at Request of
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