LAKEHAVEN WATER AND SEWER DISTRICT King County, Washington. Resolution No

Transcription

1 LAKEHAVEN WATER AND SEWER DISTRICT King County, Washington Resolution No A RESOLUTION of the Board of Commissioners of the Lakehaven Water and Sewer District, King County, Washington, approving the establishment of certain latecomer reimbursement areas. WHEREAS, the District periodically enters into agreements with developers to extend sewer and water facilities that will benefit property adjacent to such facilities, and WHEREAS, the District is authorized to reimburse parties installing such water and/or sewer facilities a portion of the cost of the extension of such facilities, and WHEREAS, the District having executed agreements for the construction of water and/or sewer facilities that will benefit adjacent parcels and the Board desiring to approve latecomer reimbursement area designations associated therewith; NOW, THEREFORE, BE IT RESOLVED as follows: 1. The latecomer reimbursement area designations as described in Exhibit 'A" are hereby approved. 2. This resolution shall be effective on the date of adoption below. ADOPTED by the Board of Commissioners of Lakehaven Water and Sewer District, King County, Washington, at an open public meeting this 2S of October, ATTEST: President and Commissioner Yea Nay Abstain Vice President and Commissioner Yea Nay Abstain Secretary and Co ssioner Yea Nay Abstain Resolution No Page 1

2 Commissioner Y Yea Nay Abstain Commissioner Yea Nay Abstain Approved as to form: General Counsel ((( Resolution No Page 2

3 EXHIBIT A ILLAHEE MS LPS-PO Lakehaven Project No LATECOMER AGREEMENT THIS AGREEMENT, entered Into in duplicate between the LAKEHAVEN WATER AN SEWER DISTRICT, a municipal corporation of the State of Washington, hereinafter referred to as "the District", and FEDERAL WAY PUI LIC SCHO LS, hereinafter referred to as the "the Developer": WITNESSETH: WHEREAS, the Developer has entered into a Developer Extension Agreement, hereinafter "Agreement", to provide for the construction of certain sanitary sewer system improvements to serve property owned by the Developer, and WHEREAS, a portion of the sewer improvements constructed thereunder will, as determined by the District, provide benefit to realty described herein which is located adjacent to such improvements, and WHEREAS, pursuant to District Resolution and state law, the parties are authorized to enter into an agreement under which the District would collect an amount representing a share of the cost of construction of the improvements from the owner of such benefited property, at the time of connection, and remit the same to the Developer, and WHEREAS, the parties agreeing that the terms for such collection and remittance contained herein are fair and equitable; NOW, THEREFORE, IT IS AGREED as follows: 1. The District hereby agrees to charge the property described on Exhibit "A", and generally depicted on Exhibit "B", attached hereto and by this reference incorporated herein, a proportional share of the cost of the sewer mains constructed pursuant to the Agreement. Reimbursement to the Developer shall be conditioned upon payment by the Developer of the District's required deposit for administration of this latecomer reimbursement agreement and following the actual provision of service to such property through the facilities constructed LC Agr docx (Form Update 12/19/17) Page 1 of 3

4 therein. Payment to the Developer shall be in further conformance with the provisions set forth in District Resolution No , Sections 2.vi, 3.C, and 3.E, as hereinbefore adopted and as may be subsequently modified or amended, and applicable laws of the State of Washington. 2. The Developer, in accordance with State law, agrees to provide the District with its current name, address and telephone number every two (2) years from the date of execution of this Agreement. If the Developer has not complied with this requirement within 60 days of the date such notice is due, the District shall be entitled to retain the latecomer payments made from property owners connecting to the system pursuant to state law and the Developer, and any party with whom the Developer may have assigned such rights or who may otherwise claim an interest in the reimbursement provisions herein, shall have no further claim on such funds. The Developer further agrees to comply with and be subject to all terms of District Resolution No , Sections 2.vi, 3.C, and 3.E, as may from time to time be amended, as a condition of receiving the latecomer benefits herein. 3. This writing constitutes the full and only agreement between the parties, there being no promises, agreements, or understandings, written or oral, except as herein set forth, or as hereinafter may be amended in writing. 4. It is agreed that the Developer is not an agent of the District under the terms of this Agreement and no act or omission of the Developer shall be deemed an act or omission of the District by virtue of the laws of agency. LC Agr ,docx (Form Update 12/19/17) Page 2 of 3

5 WITNESS our hands and seals. FEDERAL WAY PUBLIC SCHOOLS LAKEHAVEN WATER & SEWER DISTRICT King County, Washington Date: _ a07-16, 2_1) I I De elopmen Dated ngineering Manager eivreeti STATE OF 1,(-)416/0/sa) Mk) County of /C/ /(-7 ) ) ss. This record was acknowledged by me on kst by I arnmy Oforii-pbell as,su e-yucteaderi& of i--,e.e---i-tt--/ / PAL & 1 i Se-diqe/ Mary Lucille Heibling Nolan/ Public State of Washington *Appointment &Ores 03116/2024 "AmetAmAivtA2 1 1 I J. I I 76 DATED..4-ayust- /4, 24)/2 (Signature Notary Pu lc Title My appointment expires r2_(,h4s --V&A.26,:21 For recording in the State of Washington, the Notarial Seal must be fully legible and cannot intrude into document margins. Please affix seal in the space provided. 1 LC Agr docx (Form Update 12/19/17) Page 3 of 3

6 EXHIBIT "A" LEGAL PROPERTY DESCRIPTIONS PARCEL NUMBERS THROUGH : LOTS 1 THROUGH 6, INCLUSIVE, BROOKFIELD COUNTRY ESTATES, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 139 OF PLATS, PAGES 27 THROUGH 30, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON. PARCEL NUMBER : THE SOUTH 30 FEET OF THE EAST HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE EAST 30 FEET THEREOF CONVEYED TO KING COUNTY FOR 1ST AVENUE SOUTH BY DEED RECORDED UNDER RECORDING NO PARCEL NUMBER : PARCEL NO. 1 OF SHORT PLAT NO. R , RECORDED UNDER RECORDING NO AND BEING A SHORT PLAT OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., EXCEPT THE WEST 30 FEET FOR ROAD PURPOSES; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.

7 EXHIBIT "B" PROPERTY DEPICTIONS sluliv4u107, B \ Project Property It lahee MS == Feet g

8 NICKLAUS PROPERTY Lakehaven Project No LATECOMER AGREEMENT THIS AGREEMENT, entered into in duplicate between the LAKEHAVEN WATER AND SEWER DISTRICT, a municipal corporation of the State of Washington, hereinafter referred to as "the District", and NICKLAUS DEVELOPMENT, LLC, hereinafter referred to as the "the Developer": WITNESSETH: WHEREAS, the Developer has entered into a Developer Extension Agreement, hereinafter "Agreement", recorded under Pierce County Auditor's File No , to provide for the construction of certain sanitary sewer system improvements to serve property owned by the Developer, and WHEREAS, a portion of the sewer system improvements constructed thereunder will, as determined by the District, provide benefit to realty described herein which is located adjacent to such improvements, and WHEREAS, pursuant to District Resolution, City of Edgewood code and state law, the parties are authorized to enter into an agreement under which the District would collect an amount representing a share of the cost of construction of the improvements from the owner of such benefited property, at the time of connection, and remit the same to the Developer, and WHEREAS, the parties agreeing that the terms for such collection and remittance contained herein are fair and equitable; NOW, THEREFORE, IT IS AGREED as follows: 1. The District hereby agrees to charge the property described on Exhibit "A", and generally depicted on Exhibit "B", attached hereto and by this reference incorporated herein, a LC Agr docx (Form Update 113/17) Page 1 of 3

9 proportional share of the cost of the sewer mains constructed pursuant to the Agreement. Reimbursement to the Developer shall be conditioned upon payment by the Developer of the District's required deposit for administration of this latecomer reimbursement agreement and following the actual provision of service to such property through the facilities constructed therein. Payment to the Developer shall be in further conformance with the provisions set forth in District Resolution No , Sections 2.vi, IC, and 3.E, as hereinbefore adopted and as may be subsequently modified or amended, and applicable laws of the State of Washington. 2. The Developer, in accordance with State law, agrees to provide the District with its current name, address and telephone number every two (2) years from the date of execution of this Agreement. If the Developer has not complied with this requirement within 60 days of the date such notice is due, the District shall be entitled to retain the latecomer payments made from property owners connecting to the system pursuant to state law and the Developer, and any party with whom the Developer may have assigned such rights or who may otherwise claim an interest in the reimbursement provisions herein, shall have no further claim on such funds. The Developer further agrees to comply with and be subject to all terms of District Resolution No , Sections 2.vi, 3.C, and 3.E, as may from time to time be amended, as a condition of receiving the latecomer benefits herein. 3. This writing constitutes the full and only agreement between the parties, there being no promises, agreements, or understandings, written or oral, except as herein set forth, or as hereinafter may be amended in writing. 4 It is agreed that the Developer is not an agent of the District under the terms of this Agreement and no act or omission. of the Developer shall be deemed an act or omission of the District by virtue of the laws of agency. LC Agr docx (Form Update 113/17) Page 2 of 3

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11 EXHIBIT "A" LEGAL PROPERTY DESCRIPTIONS TAX PARCEL NO : THE EAST 77 FEET OF THE WEST 163 FEET OF THE SOUTH 225 FEET OF THE WEST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 4 EAST OF THE WILLAMETTE MERIDIAN, IN PIERCE COUNTY, WASHINGTON; EXCEPT THE SOUTH 30 FEET FOR MICHELSON COUNTY ROAD. TAX PARCEL : COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 4 EAST OF THE WILLAMETTE MERIDIAN; THENCE NORTH 400 FEET; THENCE EAST 163 FEET; THENCE SOUTH 400 FEET; THENCE WEST 163 FEET TO THE POINT OF BEGINNING; EXCEPT THE EAST 77 FEET OF THE WEST 163 FEET OF THE SOUTH 225 FEET THEREOF; AND EXCEPT MICKELSON COUNTY ROAD; SITUATE IN THE COUNTY OF PIERCE, STATE OF WASHINGTON.

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