RESOLUTION NO. 1098 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BONNEY LAKE, PIERCE COUNTY, WASHINGTON, AUTHORIZING AN INTERLOCAL AGREEMENT AND EASEMENTS FOR STORMWATER AND WELLHOUSE WITH SUMNER SCHOOL DJSCRICT. The Cty Councl of the Cty of BOlmey Lake, Washngton, does hereby resolve that the Mayor s authorzed to sgn the agreement attached hereto and ncorporated heren by ths reference. PASSED by the Cty Councl ths 22nd day of Aprl 2003. ATTEST: W ody Edvalson, Pro Tern Cty Clerk APPROVED AS TO FORM: James Donne, Cty Attorney
INTERLOCAL AGREEMENT BETWEEN CITY OF BONNEY LAKE AND SUMNER SCHOOL DISTRICT FOR WELL AND STORMW ATER EASEMENTS Ths INTER LOCAL AGREEMENT s entered nto ths day of May, C?#. 2003 by and between the CITY OF BONNEY LAKE, a Washngton muncpal corporaton (the "Cty"), and SUMNER SCHOOL DISTRICT NO. 320, a Washngton muncpal corporaton (the "Dstrct"). I. RECITALS A. RCW ch. 39.34, the Interlocal Cooperaton Act, authorzes local muncpal corporatons to enter nto agreements to assst and cooperate wth each other to better serve the needs of the local communty. B. The Dstrct s the owner of certan real property located at 198 'h and 104,h Street East n the Cty of Bonney Lake commonly known as the Hgh School Property and legally descrbed on Exhbt A attached hereto and ncorporated heren by ths reference (the "Hgh School Property"). C. The Dstrct s n the process of obtanng the necessary pelidts for constructon of a hgh school known as Bonney Lake Hgh School on the Hgh School Property. The Hgh School wll serve the students of the Cty and also wll provde needed recreatonal opportuntes to the ctzens of the Cty, ncludng but not lmted to soccer felds, baseball felds, tenns coms, and common areas for communty events. D. In conjuncton wth constructon of Bonney Lake Hgh School, the Dstrct s requred to construct and mantan on-ste stolidwater control. It has become necessary, however, to also obtan an overflow stormwater conveyance area to comply wth the Cty's stormwater regulatons. E. The Cty s the owner of a certan tract of land currently utlzed for stormwater control purposes known as Tracts A and B n the Plat of Bonney Lake Manor (the "StOlIDwater Tract"). The Cty's Publc Works Department has determned that the Stonnwater Tract has adequate sols and suffcent capacty to handle the Dstrct's overflow stormwater from the Hgh School Property when fully constructed. F. To allow constructon of Bonney Lake Hgh School, the Cty s wllng to grant the Dstrct an easement over, under and across the Stormwater Tract for purposes of stonnwater conveyance under the tenns and condtons of ths Interlocal Agreement. G. The Cty s n need of an addtonal area for constructon of a water well and treatment faclty to allow the Cty to obtan addtonal potable water to better serve the ctzens of Bonney Lake. MJU\SumncrSD\!3011llcyLakc\]mcrloca11 5.0S.03.v4
H. The Cty has dentfed an area located on the Dstrct's Emerald Hlls Elementary School (the Emerald Hlls Elementary School Property") as the approprate area for constlucton of another well and treatment faclty gven ts locaton to an exstng Cty well partally located on the Dstrct's Emerald Hlls Elementary School. The Emerald Hlls Elementary School Property s located at 19515 South Tapps Drve East, Bonney Lake, Washngton and s legally descrbed on Exhbt B attached hereto and ncorporated heren by ths reference. 1. To assst n better servng the ctzens of Bonney Lake, the Dstrct s wllng to grant the Cty under the terms and condtons of ths Interlocal Agreement an easement for constlucton and mantenance of a water well and treatment faclty together wth such necessary appurtenant rghts for ngress and egress and utltes to such well and treatment faclty. J. Consstent wth the Interlocal Cooperaton Act, the Cty and the Dstrct recognze and acknowledge that mutual assstance and cooperaton n the nature of grantng approprate and necessary easements over, under and across the other party's property s n the best nterests of the Cty and the Dstrct to better serve the communty of the Cty. The terms and condtons under whch the Cty and the Dstrct mplement the grantng of such easements are set fo rth under ths Interlocal Agreement. II. AGREEMENT I. Interlocal Cooperaton Act. 1.1 RCW ch. 39.34 authorzes the executon of an Interlocal Agreement for the plllpose of provdng mutual assstance and cooperaton between muncpal corporatons. 1.2 The Cty and the Dstrct recognze and acknowledge that the grant of easements as set forth more partcularly below between the Cty and the Dstrct s n the best nterests of the Cty and the Dstrct to allow constlucton of a new hgh school to serve the needs of the students of the Dstrct as well as the ctzens of the Cty, to provde needed recreatonal opportuntes to the ctzens of the Cty, and to provde addtonal water servce and water capacty to the ctzens of the Cty. 2. Easements. 2.1 Stormwater Dscharge Easement. 2.1.1 The Cty authorzes the grant of a Stormwater Dscharge Easement from the Cty to the Dstrct under the tenns and condtons set forth under the Stormwater Dscharge Easement attached hereto as Exhbt C. 2.1.2 Exhbt D attached hereto and ncorporated heren by ths reference s an llustratve map depctng the proposed Bonney Lake Hgh School and the MJU\SumnerSD\BonncyLake\!lllcrlocal\ S.OS.03.v4 2
locaton of the proposed stornlwater lne from the Hgh School Property to the Stormwater Tract, legally descrbed as Tracts A and B of the Plat of Bonney Lake Manor recorded under Perce County Audtor's Fle No. 9207010322. Easement. 2.2 Well and Treatment Faclty and Appurtenant Utltes 2.2.1 Upon advance notce to the Dstrct, the Dstrct grants the Cty the rght of entry onto the Emerald Hlls Elementary School Property to determne whether there s adequate water supply, n the Cty's sole dscreton, avalable n the area of a proposed well shown on the llustratve map attached hereto as Exhbt E and ncorporated heren by ths reference, depctng Emerald Hlls Elementary School Property and the locaton of the proposed Well and Treatment Faclty together wth appurtenant access thereto and appurtenant utltes to servce the Well and Treatment Faclty. 2.2.2 In the event that the Cty determnes, n ts sole dscreton, that there s not adequate water supply n the area of the proposed well shown on Exhbt E, the Dstrct agrees to cooperate and work wth the Cty to locate an alternatve locaton for placement of the well n a mutually agreeable locaton. In the event that an alternatve locaton s necessary, the Dstrct fulher agrees to cooperate and work wth the Cty to grant the Cty an approprate easement for constructon of the well n an alternatve locaton together wth stng of the treatment faclty n the locaton depcted on Exhbt E. 2.2.3 In the event that the Cty determnes, n ts sole dscreton, that there s adequate water supply n the area of the proposed well shown on Exhbt E, the Dstrct authorzes the grant of a Well and Treatment Faclty and Appurtenant Utltes Easement fyom the Dstrct to the Cty under the telms and condtons set forth under the Well and Treatment Faclty and Appurtenant Utltes Easement attached hereto as Exhbt F. 2.3 Executon of Easements. The Dstrct and the Cty recognze the expedted need for the grant of the Easements set forth under ths Interlocal Agreement. The Mayor of the Cty and the Superntendent of the Dstrct are authorzed to expedtously execute the Stormwater Dscharge Easement followng approval of ths Interlocal Agreement. It s agreed that upon a determnaton by the Cty of the locaton of the well n accordance wth Paragraphs 2.2.2 or 2.2.3 above, the Cty and Dstrct wll expedtously move forward to ether prepare an alternatve easement or execute the Well and Treatment Faclty and Appurtenant Utltes Easement attached hereto as Exhbt F. 3. Mscellaneous. 3.1 Assgnment. Ths Agreement shall be bndng upon and nure to the beneft of the succcssors and assgns of the partes. M J U\SUIl11lCrSD\)3Ollnc ylakc\1 me rloca 1\ 3 5.0S.03.v4
3.2 Constructon. Ths Agreement shall not be construed more favorably to one Palty over another, notwthstandng the fact one party, or ts attorney, may have been more responsble for the preparaton of the document. 3.3 Attorney's Fees and Costs. In the event any party brngs an acton to enforce any of the provsons of ths Agreement, the prevalng party shall be enttled to reasonable attorney's fees and costs ncurred n any proceedng, ncludng on appeal. 3.4 Amendment. Ths Agreement consttutes the entre agreement between the pajtes and no modfcaton, amendment, addton to or changes to ths Agreement shall be vald or enforceable unless n wrtng and sgned by all partes. 3.5 Waver. No falure on the part of ether palty to exercse, and no delay n exercsng, any lghts hereunder shall operate as a waver thereof; nor shall any waver or acceptance of a partal, sngle or delayed performance of any term or condton of ths Agreement operate as a contnung waver or a waver of any subsequent breach thereof. 3.6 Effectve Date of Agreement. Ths Agreement shall be effectve upon the date of the last sgnature. IN WITNESS WHEREOF, the paltes have executed ths Agreement on the date and year set forth above. Its: Mayor ert L. Young Date: 0.7 SUMNER SCHOOL DISTRICT NO. 320 By: J1J1M Donald A. Esmann Its: Superntendent Date: &Pr7 2, foo 7 I Approved as to fo rm: Approved as to form: [acknowledgements contnued on ncxt pagel MJU\Sll1nnerSO\BOll11cyLake\lnlcrlocal\ 4 S.OS.03.v4
STATE OF WASHINGTON ) ) ss. COUNTY OF PIERCE ) On ths day personally appeared before me Robert L. Young to me known to be the Mayor of the Cty of Bonney Lake, the muncpal corporaton descrbed n and that executed the wthn and foregong nstrument, and acknowledged sad nstrument to be the free and voluntary act and deed of sad muncpal corporaton, for the uses and purposes theren mentoned, and on oath stated that he was authorzed to execute sad nstrument on behalf of sad muncpal corporaton. GIVEN under my hand and offcal seal ths } day of, HARWf)()!.' r EDVALSON NOTAHY f::lublic STPI' OF IN, SHINGTON COMM,e;SIUN DPRES oe 1 OBER 10, 2003.,J:.) -'. AV.. -. ' "') lite.y - -) " I A _ '.., [prnted name of notary 1 NOTARY PUBLIC n and for the State of Washngton, resdng at 1';,-11. f'lg.",v; W'1 My Commsson Expres: 0 - (0' 03, 2003. STATE OF WASHINGTON ) ) ss. COUNTY OF PIERCE ) On ths day personally appeared before me Donald A. Esmann to me known to be the Superntendent of the Swnner School Dstrct No. 320, the muncpal corporaton descrbed n and that executed the wthn and foregong nstrument, and acknowledged sad nstrument to be the free and voluntary act and deed of sad muncpal corporaton, for the uses and purposes theren mentoned, and on oath stated that he was authojzed to execute sad nstrument on behalf of sad muncpal corporaton. +J - GIVEN under my hand and offcal seal ths J..fL day of "-h ' 1'-1, 2003.,-m(L.,\ 110 j(tv k. 11"..:"\J \ } ) I. )ttz [prnted name of notary 1 NOTARY PUBLIC n and for the State of Washngton, resdng at <:c'" ')',l I'n I') -t. rl. My Commsson Expres: -1 - I - 0 C, I MJU\SUllmcrSO\BollllcyLakc\lnlcrloca)\ S.OS.D3.\'4 5
EXHIBIT A BONNEY LAKE HIGH SCHOOL PROPERTY LEGAL DESCRIPTION PARCEL A: THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER AND THE EAST HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 19 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, IN PIERCE COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 4; THENCE SOUTH 02 31 '09" WEST ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER, 1329.59 FEET TO THE SOUTHEAST CORNER OF THE NORTH HALF OF SAID SOUTHEAST QUARTER; THENCE NORTH 88 43'24" WEST ALONG THE SOUTH LINE OF THE NORTH HALF OF SAID SOUTHEAST QUARTER, 1845.93 FEET TO A POINT ON A CURVE; THENCE ALONG A CURVE TO THE RIGHT, WHOSE RADIUS POINT BEARS SOUTH 73 38'04" EAST, 950.00 FEET, THROUGH A CENTRAL ANGLE OF 34 08'33"; THENCE NORTH 50 30'29" EAST, 524.28 FEET; THENCE ALONG A CURVE TO THE RIGHT, WHOSE RADIUS POINT BEARS SOUTH 39 29'31 " EAST, 950.00 FEET, THROUGH A CENTRAL ANGLE OF 19 18'47"; THENCE NORTH 69 49'16" EAST, 883.14 FEET; THENCE ALONG A CURVE TO THE RIGHT, WHOSE RADIUS POINT BEARS SOUTH 20 10'44" EAST, 700.00 FEET, THROUGH A CENTRAL ANGLE OF on 3'22", TO A POINT ON THE NORTH LINE OF SAID SOUTHEAST QUARTER; THENCE SOUTH 88 35'42" EAST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER 2.06 FEET TO THE POINT OF BEGINNING. EXCEPT THOSE PORTIONS, IF ANY, CONVEYED TO THE CITY OF BONNEY LAKE BY DEEDS RECORDED UNDER RECORDING NUMBER 9502080305 AND 9604020591. SITUATE IN THE CITY OF BONNEY LAKE, COUNTY OF PIERCE, STATE OF WASHINGTON. PARCEL B: LOT 4, SHOWN ON SURVEY NUMBER 1590 FILED FOR RECORD JANUARY 14, 1977, IN BOOK 16 OF SURVEYS, PAGE 90, IN PIERCE COUNTY, WASHINGTON. MJ U\SulllncrSD\8onncy Lakc\llllcrloca 1\ 6 :'.():;.O}.v4
TOGETHER WITH EASEMENT FOR INGRESS, EGRESS, AND UTILITIES OVER THAT PORTION OF 60 FOOT WIDE NON-EXCLUSIVE EASEMENT DELINEATED ON SAID SURVEY #1590 AND ON SHORT PLAT NUMBER 76-157. EXCEPT FROM SAID EASEMENT THAT PORTION LYING WITHIN SAID LOT 4. SITUATE IN THE CITY OF BONNEY LAKE, COUNTY OF PIERCE, STATE OF WASHINGTON. PARCEL C: LOT 5, SHOWN ON SURVEY NUMBER 1590 FILED FOR RECORD JANUARY 14, 1977, IN BOOK 16 OF SURVEYS, PAGE 90, IN PIERCE COUNTY, WASHINGTON. TOGETHER WITH EASEMENT FOR INGRESS, EGRESS, AND UTILITIES OVER THAT PORTION OF 60 FOOT WIDE NON-EXCLUSIVE EASEMENT DELINEATED ON SAID SURVEY #1590 AND ON SHORT PLAT NUMBER 76-157. EXCEPT FROM SAID EASEMENT THAT PORTION LYING WITHIN SAID LOT 5. SITUATE IN THE CITY OF BONNEY LAKE, COUNTY OF PIERCE, STATE OF WASHINGTON. PARCEL D: LOT 2 OF PIERCE COUNTY SHORT PLAT NUMBER 79-706, ACCORDING TO THE MAP THEREOF, RECORDED IN VOLUME 38 OF SHORT PLATS, PAGE 84, IN PIERCE COUNTY, WASHINGTON. EXCEPT THAT PORTION CONVEYED TO PIERCE COUNTY BY DEED RECORDED UNDER RECORDING NUMBER 9807270723. TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS, AND UTILITIES AND DRAINAGE OVER THE 60 FOOT PRIVATE ROAD, AS DELINEATED ON THE SHORT PLAT AND LARGE LOT SURVEY 1590. EXCEPT FROM SAID EASEMENT THAT PORTION LYING WITHIN SAID LOT 2. SITUATE IN THE CITY OF BONNEY LAKE, COUNTY OF PIERCE, STATE OF WASHINGTON. PARCEL E: LOT 3 OF PIERCE COUNTY SHORT PLAT NUMBER 79-706, ACCORDING TO THE MAP THEREOF, RECORDED IN VOLUME 38 OF SHORT PLATS, PAGE 84, IN PIERCE COUNTY, WASHINGTON. TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS, AND UTILITIES AND DRAINAGE OVER THE 60 FOOT PRIVATE ROAD, AS DELINEATED ON THE SHORT PLAT AND LARGE LOT SURVEY 1590. MJ U\Su 1ll11CrsmBOllllC ylak c\lll!crloca 1\ 7 S 05,03.v4
EXCEPT FROM SAID EASEMENT THAT PORTION LYING WITHIN SAID LOT 3, SITUATE IN THE CITY OF BONNEY LAKE, COUNTY OF PIERCE, STATE OF WASHINGTON, PARCEL F: LOT 4 OF PIERCE COUNTY SHORT PLAT NUMBER 79-706, ACCORDING TO THE MAP THEREOF, RECORDED IN VOLUME 38 OF SHORT PLATS, PAGE 84, IN PIERCE COUNTY, WASHINGTON, TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS, AND UTILITIES AND DRAINAGE OVER THE 60 FOOT PRIVATE ROAD, AS DELINEATED ON THE SHORT PLAT AND LARGE LOT SURVEY 1590, EXCEPT FROM SAID EASEMENT THAT PORTION LYING WITHIN SAID LOT 4, SITUATE IN THE CITY OF BONNEY LAKE, COUNTY OF PIERCE, STATE OF WASHINGTON, PARCEL G: THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 19 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, IN PIERCE COUNTY, WASHINGTON, EXCEPT THE SOUTH 30 FEET THEREOF AS CONVEYED TO PIERCE COUNTY FOR ADDITIONAL RIGHT OF WAY FOR 112TH STREET EAST BY DEED RECORDED JULY 27, 1998, UNDER RECORDING NUMBER 9807270722. ALSO EXCEPT THAT PORTION CONVEYED TO PIERCE COUNTY FOR ADDITIONAL RIGHTS OF WAY FOR 199TH AVENUE COURT EAST, BY DEED RECORDED JULY 27, 2000, UNDER RECORDING NUMBER 9807270723. SITUATE IN THE CITY OF BONNEY LAKE, COUNTY OF PIERCE, STATE OF WASHINGTON, M J U\SulllllcrSD\Bollncy Lake\J nlcrloc31\ 8 5.05.03.1'4
EXHIBIT B EMERALD HILLS ELEMENTARY SCHOOL PROPERTY LEGAL DESCRIPTION That porton of the SEl4 of Secton 21, Townshp 20 North, Range 5 East of W.M. n Perce County, Washngton, descrbed as fo llows: Commencng at the most westerly comer of Lot 101 n the plat of Interlake Island Addton No. 1, recorded n Volume 25 of Plats on page 19 n records of sad county; thence N 55 03'19" E along the northwesterly lne of sad lot 10.00 feet to the Pont of Begnnng; thence n a general northeasterly and northerly drecton along the westerly boundary of sad plat by the followng courses and dstances: N 55 03'19" E 285.00 feet, N 9 08'48" E 226.49 feet, N 1 04'48" E 407.00 feet and N 13 32'33" W 130.58 feet to ntersect the southerly boundary of the plat of Lake Tapps Lakerdge No. 4, recorded n Volume 33 of Plats on pages 9 through 11 n records of sad county, at the southeast comer of Tract "B" n sad plat; thence n a general westerly drecton along sad southerly boundary by the followng courses and dstances; E 76 43' 15" W 308.83 feet to ntersect the arc of a curve at a pont from whch the center les S 76 43'15" W and 1030.00 feet dstant, southerly along sad curve to the rght through a central angle of 5 56 ' 45" on an arc dstance of 106.89 feet, S 82 40'00" W 60.00 feet, S 7 20'00" E 12.27 feet and S 74 29'46" W 359.72 feet to the most southerly comer of sad Tract A and also of sad plat; thence S 34 56'41" E 766.99 feet to the Pont of Begnnng and embracng an area of 8.79 acres, more or less. A parcel of land embracng all of Lot 97 and portons of 98 through 101 n the plat of Interlake Island Addton No. 1, recorded n Volume 25 of Plats on page 19 n records of Perce County, Washngton, sad parcel beng more partcularly descrbed as fo llows: Commencng at the most westerly comer of sad Lot 101; thence N 55 03'19" E along the nolhwesterly lne of sad lot 10.00 feet to the Pont of Begnnng; thence S 41 56 '41" E along sad nolheasterly lne 373.97 feet to the southeasterly lne of sad lot 97; thence S 48 03' 19" W along the southeasterly lnes of sad Lots 97 and 98 a total dstance of 257.85 feet to the begnnng of a curve to the rght wth radus of 358.10 feet; thence southwesterly along sad curve through a central angle of 10 00'09" an arc dstance of 52.04 feet to a pont of compound curvature and the begnnng of a curve to the rght wth a radus of 30.00 feet; thence southwesterly and northwesterly along sad curve through a central angle of95 52'41" an arc dstance of50.20 feet to a pont of reverse curvature and the begm1ng of a curve to the left wth a radus of 447.08 feet; thence northwesterly along sad curve through a central angle 8 52'50" an arc dstance of 69.44 feet to a pont of tangency; thence N 34 56'41" W 300.67 feet to the pont of begnnng and embracng an area of 2.68 acres, more or less. MJlJ\S1l11lIlCl'SD\BonllcyLnkc\ntcrlocal\ 9 S.OS.03.\"4
WHEN RECORDED RETURN TO: Wllam Noland Deputy Superntendent Sumner School Dstrct 19605 104th Street East BOlmey Lake, WA 98390 1111111111111111111111 11111 11111111111111111111 11111111111111111111111 200305120525 8 PGS 05-12-2003 12:10pll1 $26.00 PIERCE COUNTY. WASHINGTON Type of Document: Stormwater Easement Grantor: Cty of Bonney Lake Grantee: Sumner School Dstrct Abbrevated Legal Descrpton: Complete Legal on Page 2 of Document Assessor Parcel No.: 9207010322 STORMW ATER DISCHARGE EASEMENT THIS STORMW A TER DISCHARGE EASEMENT ("Easement") s made ths b th day of May, 2003, by the CITY OF BONNEY LAKE, a Washngton muncpal corporaton, ("Grantor"). In consderaton of good and valuable consderaton, the recept of whch s hereby acknowledged, Grantor hereby grants and conveys to SUMNER SCHOOL DISTRICT NO. 320, a Washngton muncpal corporaton ("Grantee"), ts successors, assgns, lcensees, and agents a perpetual, nonexclusve easement to dscharge stormwater from the developed Bonney Lake Hgh School Property legally descrbed on Exhbt 1 attached hereto and ncorporated heren by ths reference ("Bonney Lake Hgh School Property"), from tme to tme, as Grantee may requre, at Grantee's sole dscreton, upon, over, under and across the followng descrbed land stuated n the Cty of Bonney Lake, County of Perce, State of Washngton: Tracts A and B of the Plat of Bonney Lake Manor recorded under Perce County Audtor's Fle No. 9207010322 ("the Easement Area"). 1. Unmpared Use of Easement Area. Grantor shall not n any way block, restrct or mpede use of the Easement Area by Grantee for the above-descrbed purposes. MllJ\SunlllcrSD\BLI-!S\ Slormwatcr EasemelltS-05-03. v4 EXCISE TAX EXEMPT DATES!2 g. Perce County!. By _MlJuL A"1h Sg
2. Permts. Grantee shall be requred to obtan all necessary approvals and permts from Grantor for ts stormwater conveyance system to serve the Bonney Lake Hgh School Property. 3. Mantenance. 3.1 Grantor shall be responsble at all tmes for mantenance and repar of the Easement Area as Grantor deems necessary n Grantor's sole and absolute dscreton. 3.2 Grantee shall have no oblgaton nor lablty to mantan, repar, construct, and reconstruct the Easement Area. 4. No Hazardous Materals. 4.1 Grantee shall not cause or knowngly permt any actvtes on the Bonney Lake Hgh School Property whch wll result n the Easement Area becomng contamnated wth Hazardous Materals. 4.2 "Hazardous Materal" shall mean any matter (whether gaseous, lqud or sold), ncludng but not lmted to materals now or hereafter desgnated as hazardous or toxc waste or substance under the Comprehensve Envronmental Response, Compensaton and Lablty Act of 1980, 42 USC 9601, et seq., or as a Hazardous Substance, Hazardous Household Substance, Moderate Rsk Waste or Hazardous Waste under the Hazardous Waste Management Act, RCW Chapter 70.105, or as a hazardous substance under the Model Toxcs Control Act, RCW Chapter 70.1 05D, all as now or hereafter amended, or whch may now or hereafter be regulated under any other fe deral, state, or local law, statute, ordnance or regulaton pertanng to health, ndustral hygene or the envronment, ncludng, wthout lmtaton, () any asbestos andor asbestos contanng materals (collectvely "ACMs") regardless of whether such ACMs are n a frable or non-frable state, or () any matter desgnated as a hazardous substance pursuant to Secton 311 of the Federal Water Polluton Control Act (33 USC 1317), or () any matter defned as hazardous waste pursuant to Secton 1004 of the Federal Resource Conservaton and Recovery Act (42 USC 6901 et.), pertanng to health or the envromuent. 4.3 In the event of breach of Paragraph 4 ansmg solely from the actvtes of Grantee on the Bonney Lake Hgh School Property, Grantee shall ndemnfy, defend and hold Grantor harmless from any clams, demands, losses, expenses, and costs, ncludng, attorney's fees arsng from sad sole actvtes of Grantee. 5. Mscellaneous. 5.1 Any notce requred to be gven by any party to another party pursuant to the provsons of ths Agreement shall be n wrtng and shall be deemed to have been M J U\SunmcrSD\B I.I-I SI 2 Stormwa!er Eascmenl,5-0S 0J. v4
duly gven, f delvered personally, deposted n the Unted States mal, postage prepad, regstered or certfed, return recept requested, or delvered by overnght courer and addressed as follows or to such other address as ether party may desgnate to the other n wrtng from tme to tme. Grantor: Grantee: Cty of Bonney Lake Department of Publc Works 19306 Bonney Lake Boulevard Bonney Lake, WA 98390-0944 Sumner School Dstrct Deputy Superntendent 1202 Wood Avenue Slllllner, W A 98390 5.2 Ths Easement shall be constmed and enforced n accordance wth the laws ofthe State of Washngton. 5.3 Ths Easement shall not be constmed more favorably to one party over another, notwthstandng the fact one patty, or ts attorney, may have been more responsble for the preparaton of the document. 5.4. If any lawsut or arbtraton, as may be agreed upon between the partes, arses n connecton wth or performance under ths Easement, the substantally prevalng party theren shall be enttled to recover from the losng party the substantally prevalng party's costs and expenses, ncludng reasonable attorneys' fees, ncurred n connecton therewth, n preparaton therefor and on appeal therefrom, ncludng those n any bankruptcy proceedng, whch amounts shall be ncluded n any judgment entered theren. 5.5 Ths Easement consttutes the entre agreement between the partes atld no modfcaton, amendment, addton to or changes to ths Agreement shall be vald or enforceable unless n wrtng and sgned by all pattes. 5.6 The Easement shall be a covenant runnng wth Tracts A and B of the Plat of Bonney Lake Manor recorded under Perce County Audtor's Fle No. 9207010322 and ths Easement shall burden sad land, shall beneft the Bonney Lake Hgh School Property descrbed n Exhbt 1 and shall be bndng upon the successors and assgns of Grantor and Grantee. MJU\Sullll1crSD\13LHS\ 3 SlorllllVatcr Easement.5-0S-0J. v4
IN WITNESS WHEREOF, ths Easement s executed on the date and year set forth above. GRANTOR CITY OF B9N Ro el 1. Young Its: Mayor Approved as to fonn: GRANTEE SUMNER SCHOOL DISTRICT NO. 320 By: f Donald A. Esmann Its: Superntendent Approved as to form: MJU\SUlllllcrSD\BLHS\ 4 Slormwa(cr Easement.S-OS-03. v4
STATE OF WASHINGTON ) ) ss. COUNTY OF PIERCE ) On ths day personally appeared before me Robett L. Young (0 me known to be the Mayor of the Cty ofbolmey Lake, the muncpal corporaton descrbed n and that executed the wthn and foregong nstrument, and aclmowledged sad nstrument to be (he free and voluntary act and deed of sad muncpal corporaton, for the uses and purposes theren mentoned, and on oath stated that he was authorzed to execute sad nstrument on behalf of sad muncpal corporaton. GIVEN under my hand and offcal seal tlls (; r!: day of Iv.Cc<1, 2003. r - " fj)m g 7 ". G &'C{ HARWOOD T EDVALSON NOTAPY' PUBLIC STM '..1' J'lt,SHINGTON COMMISSION EXf'IRES OCTOBER 10. 2003 Ie.. [prnted name of notary] NOTARY PUBLIC n and for the State of Washngton, resdng at ;NI1:{I! r>2vi.' (,01 My Commsson Expres: 0.. O. 0 :" STATE OF WASHINGTON ) ) ss. COUNTY OF PIERCE ) On ths day personally appeared before me Donald A. Esmaml to me known to be the Superntendent of the Sumner School Dstrct No. 320, the muncpal corporaton descrbed n and that executed the wthn and foregong nstrument, and acknowledged sad nstrument to be the free and voluntary act and deed of sad muncpal corporaton, for the uses and purposes theren mentoned, and on oath stated that he was authorzed to execute sad nstrument on behalf of sad mlmcpal corporaton. GIVEN under my hand and offcal seal ths :1 day of _J.='x.} Jc",+-, 2003. l'- r"\,,-\j; ; ".. ' <'. f{clr:,,-j ryl I ICc I I, v'-. g. \)1 - + e y\... [prnted name of not my] NOTARY PUBLIC n mid for the State of Washngton, resdng ats " \\.!n... Otj My Commsson Expres: _.L: - [) L; \. MJ U\SUlllllcrSD\8LHS\ Stormwntcr Easclllcnt.S-05-03. v4 5
EXHIBIT 1 BONNEY LAKE HIGH SCHOOL PROPERTY LEGAL DESCRIPTION PARCEL A: THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER AND THE EAST HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 19 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, IN PIERCE COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 4; THENCE SOUTH 02 31'09" WEST ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER, 1329.59 FEET TO THE SOUTHEAST CORNER OF THE NORTH HALF OF SAID SOUTHEAST QUARTER; THENCE NORTH 88 43'24" WEST ALONG THE SOUTH LINE OF THE NORTH HALF OF SAID SOUTHEAST QUARTER, 1845.93 FEET TO A POINT ON A CURVE; THENCE ALONG A CURVE TO THE RIGHT, WHOSE RADIUS POINT BEARS SOUTH 73 38'04" EAST, 950.00 FEET, THROUGH A CENTRAL ANGLE OF 34 08'33"; THENCE NORTH 50 30'29" EAST, 524.28 FEET; THENCE ALONG A CURVE TO THE RIGHT, WHOSE RADIUS POINT BEARS SOUTH 39 29'31" EAST, 950.00 FEET, THROUGH A CENTRAL ANGLE OF 19 18'47"; THENCE NORTH 69 49'16" EAST, 883.14 FEET; THENCE ALONG A CURVE TO THE RIGHT, WHOSE RADIUS POINT BEARS SOUTH 20 10'44" EAST, 700.00 FEET, THROUGH A CENTRAL ANGLE OF 07 13'22", TO A POINT ON THE NORTH LINE OF SAID SOUTHEAST QUARTER; THENCE SOUTH 88 35'42" EAST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER 2.06 FEET TO THE POINT OF BEGINNING. EXCEPT THOSE PORTIONS, IF ANY, CONVEYED TO THE CITY OF BONNEY LAKE BY DEEDS RECORDED UNDER RECORDING NUMBER 9502080305 AND 9604020591. SITUATE IN THE CITY OF BONNEY LAKE, COUNTY OF PIERCE, STATE OF WASHINGTON. PARCEL B: LOT 4, SHOWN ON SURVEY NUMBER 1590 FILED FOR RECORD JANUARY 14, 1977, IN BOOK 16 OF SURVEYS, PAGE 90, IN PIERCE COUNTY, WASHINGTON. MJU\SumnerSD\BLI-!S\ 6 SI()nnlValer Eascmcn.5 05 03.v4
TOGETHER WITH EASEMENT FOR INGRESS, EGRESS, AND UTILITIES OVER THAT PORTION OF 60 FOOT WIDE NON-EXCLUSIVE EASEMENT DELINEATED ON SAID SURVEY #1590 AND ON SHORT PLAT NUMBER 76-157. EXCEPT FROM SAID EASEMENT THAT PORTION LYING WITHIN SAID LOT 4. SITUATE IN THE CITY OF BONNEY LAKE, COUNTY OF PIERCE, STATE OF WASHINGTON. PARCEL C: LOT 5, SHOWN ON SURVEY NUMBER 1590 FILED FOR RECORD JANUARY 14, 1977, IN BOOK 16 OF SURVEYS, PAGE 90, IN PIERCE COUNTY, WASHINGTON. TOGETHER WITH EASEMENT FOR INGRESS, EGRESS, AND UTILITIES OVER THAT PORTION OF 60 FOOT WIDE NON-EXCLUSIVE EASEMENT DELINEATED ON SAID SURVEY #1590 AND ON SHORT PLAT NUMBER 76-157. EXCEPT FROM SAID EASEMENT THAT PORTION LYING WITHIN SAID LOT 5. SITUATE IN THE CITY OF BONNEY LAKE, COUNTY OF PIERCE, STATE OF WASHINGTON. PARCEL D: LOT 2 OF PIERCE COUNTY SHORT PLAT NUMBER 79-706, ACCORDING TO THE MAP THEREOF, RECORDED IN VOLUME 38 OF SHORT PLATS, PAGE 84, IN PIERCE COUNTY, WASHINGTON. EXCEPT THAT PORTION CONVEYED TO PIERCE COUNTY BY DEED RECORDED UNDER RECORDING NUMBER 9807270723. TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS, AND UTILITIES AND DRAINAGE OVER THE 60 FOOT PRIVATE ROAD, AS DELINEATED ON THE SHORT PLAT AND LARGE LOT SURVEY 1590. EXCEPT FROM SAID EASEMENT THAT PORTION LYING WITHIN SAID LOT 2. SITUATE IN THE CITY OF BONNEY LAKE, COUNTY OF PIERCE, STATE OF WASHINGTON. PARCEL E: LOT 3 OF PIERCE COUNTY SHORT PLAT NUMBER 79-706, ACCORDING TO THE MAP THEREOF, RECORDED IN VOLUME 38 OF SHORT PLATS, PAGE 84, IN PIERCE COUNTY, WASHINGTON. M J U\SUlllllcrsm13 Ll-!S\ 7 StO"lllwater Easement.S-OS-03. v4
TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS, AND UTILITIES AND DRAINAGE OVER THE 60 FOOT PRIVATE ROAD, AS DELINEATED ON THE SHORT PLAT AND LARGE LOT SURVEY 1590. EXCEPT FROM SAID EASEMENT THAT PORTION LYING WITHIN SAID LOT 3. SITUATE IN THE CITY OF BONNEY LAKE, COUNTY OF PIERCE, STATE OF WASHINGTON. PARCEL F: LOT 4 OF PIERCE COUNTY SHORT PLAT NUMBER 79-706, ACCORDING TO THE MAP THEREOF, RECORDED IN VOLUME 38 OF SHORT PLATS, PAGE 84, IN PIERCE COUNTY, WASHINGTON. TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS, AND UTILITIES AND DRAINAGE OVER THE 60 FOOT PRIVATE ROAD, AS DELINEATED ON THE SHORT PLAT AND LARGE LOT SURVEY 1590. EXCEPT FROM SAID EASEMENT THAT PORTION LYING WITHIN SAID LOT 4. SITUATE IN THE CITY OF BONNEY LAKE, COUNTY OF PIERCE, STATE OF WASHINGTON. PARCEL G: THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 19 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, IN PIERCE COUNTY, WASHINGTON. EXCEPT THE SOUTH 30 FEET THEREOF AS CONVEYED TO PIERCE COUNTY FOR ADDITIONAL RIGHT OF WAY FOR 112TH STREET EAST BY DEED RECORDED JULY 27, 1998, UNDER RECORDING NUMBER 9807270722. ALSO EXCEPT THAT PORTION CONVEYED TO PIERCE COUNTY FOR ADDITIONAL RIGHTS OF WAY FOR 199TH AVENUE COURT EAST, BY DEED RECORDED JULY 27, 2000, UNDER RECORDING NUMBER 9807270723. SITUATE IN THE CITY OF BONNEY LAKE, COUNTY OF PIERCE, STATE OF WASHINGTON. vljtjisulllllcl SD\I3Lf-IS\ 8 Sl{)nnwater Eascmcnt.5-05-03.v4
\....,!,. ExbbtD
)- EXHIBIT E '.'-- ---- - -. --.... It _.. 1'-... I -... ' ", ' ", -... [)JSTING... " BUIlDING "- I "'STINe puwp "'"" 1 -- -.- I I I I I C_-:J C. --.- -.-=-, -- --.--- I ( I "- ]. EMERALD HllS ELEMENTARY SCHOOL. -, -. BALLPARK TREATMENT FACILITY, PUMP HOUSE, AND EMERALD HILLS ELEMENTARY SCHOOL I".. 30 ' - I. I t.-',;-. J 1:; :j.. 1,.. I I EXISTING WATER 100' RADIUS SANITARY CONT'RO. AREA I 1, Ir l.it I ' ",' " ; f I. 'I EXHIBIT E RH2 E;NGINEERING. INC, hll;p;i....til2... U.... I.IIOO.no. l.... BEL...UNGHAM OfFICE )6D.616.08.l6 4)4", 1IotI... Rood eothellofflce 4Z5 1. 12100 If: 1$ 51100\, WI. 100 EAST WENATCHEE OFfCE... JOO so.- S'lOo(. s.i. 5 '0 PORT ORCHARD Of ACE _81'1.79&0 100... SlrNl. SoOt. 101 SCAl :SHO'IIN o 1 2" IlRAIWlG IS for TO SCALE If BAR IS NOT 2" l()lg - _ 20 CIA':: _ 'ON APR 8. 200J.01 101..: 102-0.2
WHEN RECORDED RETURN TO: Seth Boettcher, P.E. Drector, Department of Pub tc Works Cty ofbonncy Lake 19306 Bonney Lake Boulevard Bonney Lake, WA 98390-0944 1111111111111111111111111111111111111 111111111111111111111111111111111 200310010779 10 PGS 10-01-2003 12:48pm $28.00 PIERCE COUNTY. WASHINGTON Type of Document: Water Well and Treatment Faclty and Appurtenant Utltes Easement Grantor: Sumner School Dshct Grantee: Cty of Bonney Lake Abbrevated Legal Descrpton: SEl4 of SEl4 of S21, TWN20, R5E of the W.M. Complete Legal on Page 2 of Document Assessor Parcel No.: 0520214017 WATER WELL AND TREATMENT FACILITY AND APPURTENANT UTILITIES EASEMENT THIS WATER WELL AND TREATMENT FACILITY AND APPURTENANT UTILITIES EASEMENT ("Easement") s made ths 3rd day of September, 2003, by and between SUMNER SCHOOL DISTRICT NO. 320, a Washngton muncpal corporaton, ("Grantor") and the CITY OF BONNEY LAKE, a Washngton muncpal corporaton ("Grantee"). 1. Grant of Easement. 1.1 In consderaton of good and valnable consderaton, the recept of whch s hereby acknowledged, Grantor hereby grants and conveys to the Grantee, ts successors, assgns, lcensees, and agents a perpetual, nonexclusve easement: 1.1.1 to construct, operate, mantan, replace, and repar a water well and well and treatment fa clty, ncludng access thereto, over, across and under the fo llowng descrbed land stuated n the Cty of Bonney Lake, Perce County, Washngton: MJU\SllnmcrSD\BonllcyLake\ Well Easemcnt\09.03.0) I
Commencng at a pont as the ntersecton of the easterly margn of South Tapps Drve East wth the southerly lne of Tract "A" as shown per plat of Lake Tapps Lakerdge Addton No. 4 as recorded n volume 33 of plats at page 10, records of Perce County Audtor; thence S 34 56' 41" E along sad easterly margn a dstance of 90.04 feet; thence N 74 29' 46" E a dstance of 34.55 feet to the true pont of begnnng; thence contnung N 74 29'46" E a dstance of 119.33 feet; thence S 15 30'14"E a dstance of30.05 feet; thence S 74 29' 46"W a dstance of6.98 feet; thence S 43 2'2 9"W a dstance of 19.44 feet; thence S 21 54' 51"W a dstance of 12.86 feet; thence S 8 2 ' 19"W a dstance of 16.09 feet; thence S 15 30' 14"E a dstance of2.0 feet; thence S 74 29' 46"W a dstance of81.56 feet; thence N 15 30' 14"W a dstance of 67.16 feet to the true pont of begnnng. (herenafter "the Well and Treatment Faclty Area") 1.1.2 to nstall, operate, mantan, replace, and repar appurtenant waterlnes, electrcal and telemetry conduts, santary sewer and stolidwater lnes thereto and access thereto as Grantee may requre, at Grantee' s sole dscreton, under and across the followng descrbed land stuated n the Cty of Bonney Lake, Perce County, Washngton: Commencng at a pont as the ntersecton of the easterly margn of South Tapps Drve East wth the southerly lne of Tract "A" as shown per plat of Lake Tapps Lakerdge Addton No. 4 as recorded n volume 33 of plats at page 10, records of Perce County Audtor; thence S 34 56'41" E along sad easterly margn a dstance of 68.83 feet to the true pont of begnnng; thence N 74 29' 46"E a dstance of322.73 fe et; thence N 37 40' 00"E a dstance of34.95 feet; thence N 7 2 0'00"W a dstance of 53.81 feet to the southerly lne of Lakeland Way; thence N 82 40' 00"E a dstance of2 0.0 feet; thence S 7 2 0'00"E a dstance of 62.09 fe et; thence S 37 40'00"W a dstance of 49.89 feet; thence S 74 29'46"W a dstance of322.33 feet; MllJ\SlIlllnerSD\BollllcyLakc\ Well Eascmcnl\09. 03.03 2
thence N 34 56'41"W a dstance of21.21 feet to the true pont of begnnng. (herenafter the "Appurtenant Utltes Area") 1.2 The Well and Treatment Faclty Area and the Appurtenant Utltes Area shall herenafter collectvely be referred to as the "Easement Area". 1.3 Attached hereto as Exhbt I s an llustratve map depctng the Well and Treatment Faclty Area and the Appurtenant Utltes Area. 2. Unmpared Use of Easement Area. Grantor shall not n any way block, restrct or mpede use of the Easement Area by Grantee for the above-descrbed purposes. 3. Permts. Grantee shall be requred to obtan all necessary approvals and permts from such governmental enttes wth jursdcton, ncludng but not lmted to the State Department of Health for the constructon of the water well, well buldng and treatment faclty, ncludng appurtenances thereto. Grantor shall make no clam to any water or water rghts obtaned by Grantee by vlue of Grantee's use of the Easement Area. 4. Constructon wthn Easement Area. 4.1 Pror to commencement of constructon wth the Easement Area, Grantee shall provde Grantor wth a copy of the constructons plans fo r: 4.1.1 the well buldng and treatment faclty, ncludng elevatons, desgn and color of such faclty, 4.1.2 appurtenances to the well buldng and treatment faclty, ncludng locaton of waterlnes, stormwater lnes, and electrcal and telemetry conduts, and 4.1.3 landscape plans. Grantor shall have the rght to approve, n the exercse of ts reasonable dscreton, the desgn, color, elevaton, ncludng rooflne, constructon materals, and landscapng plan for the well buldng and treatment faclty, and the locaton of the necessary appurtenances thereto ("Approved Plans"). The Approved Plans shall be the plans constructed by Grantee. 4.2 Grantee shall provde Grantor wth thly (30) days advance notce pror to commencement of constructon wthn the Easement Area. In the event Grantee commences constructon durng the school year, Grantee shall use ts best efforts to mnmze the dsrupton to the use of Emerald Hlls Elementary School. Grantor shall ensure that the drveway entrance nto Emerald Hlls Elementary School s open at all tmes durng constructon. 4.3 Durng constructon wthn the Easement Area, Grantee shall mantan the Easement Area n a reasonably neat and tdy condton. 4.4 Followng nstallaton of such waterlnes, stonnwater lnes and electrcal and telemetry conduts wthn the drveway area as llustratvely shown on MJU\SunmcrSD\BollllcyLakc\ 3 Well Eascmcnl\09. 03.03
Exhbt 1, Grantee shall be oblgated to overlay the pavcment area n order to return the pavement area to the same or better condton then exstng on the date of ths Easement. 5. Mantenance. 5.1 Grantee shall be responsble at all tmes for mantenance and repar of the Easement Area arsng from or related to Grantee's usc and actvtes wthn the Eascment Area. 5.2 In the event t bccomes necessary for Grantec to perfonn alteratons to the Easement Area requrng reconstructon of the Easement Arca, ncludng but not lmted to modfcatons or changes to the well buldng or treatment faclty, Grantee shall frst obtan the consent of Grantor, whch consent shall not be unreasonably wthheld. 6. Decommsson of Wcll. In thc event Grantee abandons or otherwse termnates use of the well for a sx (6) month pcrod ("Termnaton Perod"): 6.1 Grantee shall be responsble, ncludng all costs and expenses, for decommssonng sad well n accordance wth the then applcable statutes, regulatons, and polces of the Washngton State Department of Health and Ecology and such other applcable rules and regulatons of other governmental enttes wth jursdcton over thc matter. Grantee's rcsponsblty to decommsson sad well under ths Paragraph 6.1 shall be mandatory notwthstandng Grantor's exercse uuder the Electon Perod sct forth below undcr Paragraph 6.2. 6.2 Grantee shall provdc Grantor wth thc rght to obtan possesson of the well and treatment fa clty at no cost to Grantor. Wthn thrty (30) days ("Electon Perod") fo llowng expraton of the Tennnaton Perod, Grantor shall notfy Grantee of Grantor's desre to obtan possesson and control of the buldng. Upon notce of the rght to elect possesson and control of the well and treatment faclty, Grantee shall promptly provde Grantor wth a bll of sale. In the event Grantor ether fals to notfy Grantee or notfes Grantee of ts decson not to obtan possesson and control of the well and trcatment faclty, Grantor shall wthn thrty (30) days thercaftcr commence removal of the well and treatment faclty, ncludng any foundatons and leave the easement area n a reasonably graded condton. 7. Indemnfcaton. 7.1 Grantee shall ndcmnfy, defend and hold Grantor harmless from any clams, demands, losses, damages, expcnses, and costs, ncludng, attorney's fees and costs, arsng from or related to Grantee's use of or actvtes wthn the Easement Area, ncludng but not lmted to the dscharge of any hazardous materals wthn the Easement Area. MJU\Sull1llcrSD\801111cyLakc\ Well Ease ll1ent\09. 03.03 4
7.2 "Hazardous Materal" shall mean any matter (whether gaseous, lqud or sold), ncludng but not lmted to materals now or hereafter desgnated as hazardous or toxc waste or substance under the Comprehensve Envronmental Response, Compensaton and Lablty Act of 1980, 42 USC 9601, et seq., or as a Hazardous Substance, Hazardous Household Substance, Moderate Rsk Waste or Hazardous Waste under the Hazardous Waste Management Act, RCW Chapter 70.105, or as a hazardous substance under the Model Toxcs Control Act, RCW Chapter 70. 1 05D, all as now or hereafter amended, or whch may now or hereafter be regulated under any other federal, state, or local law, statute, ordnance or regulaton pertanng to health, ndustral hygene or the envronment, ncludng, wthout lmtaton, () any asbestos andor asbestos contanng materals (collectvely "ACMs") regardless of whether such ACMs are n a frable or non-frable state, or () any matter desgnated as a hazardous substance pursuant to Secton 311 of the Federal Water Polluton Control Act (33 USC 1317), or () any matter defned as hazardous waste pursuant to Secton 1004 of the Federal Resource Conservaton and Recovery Act (42 USC 6901 et.), pertanng to health or the envronment. 8. Restrctve Covenant for Santary Control Area. 8.1 Except as provded below under Paragraph 8.2, Grantor agrees that the area descrbed on Exhbt 2 attached hereto (the "Santary Control Area") and ncorporated heren by ths reference and llustratvely shown on Exhbt 1 shall not be utlzed for or contamnated by septc systems, ncludng proposed and reserved septc system stes, manure, sewage and ndustral lagoons, landflls, hazardous wastes, sea-salt water ntmson, chemcal and petroleum storage areas, ppelnes to convey materals wth contamnaton potental, lvestock barns, and lvestock feed lots. 8.2 Grantor advses Grantee and Grantee acknowledges that there may be sources of contamnaton from exstng vehcular traffc and landscapng products wthn the Easement Area. Grantor shall not be n breach of the Santary Control Covenant under Paragraph 8.1 arsng from the above-descrbed sources of potental contamnaton. 9. Mscellaneous. 9. 1 Any notce requred to be gven by any party to another party pursuant to the provsons of ths Agreement shall be n wrtng and shall be deemed to have been duly gven, f delvered personally, deposted n the Unted States mal, postage prepad, regstered or certfed, return recept requested, or delvered by overnght courer and addressed as fo llows or to such other address as ether party may desgnate to the other n wrtng Oln tme to tme. MJU\SlImncrSD\Bonl1cyLakc\ 5 Well Ease Illcnt\09, 03.03
Grantor: Grantee: Sumner School Dstrct Deputy Superntendcnt 1202 Wood Avenue Sumner, W A 98390 Cty of Bonney Lake Department of Publc Works 19306 Bonney Lake Boulevard Bonney Lake, W A 98390-0944 9.2 Ths Easement shall be construed and enforced n accordance wth the laws of the State of Washngton. 9.3 Ths Easement shall not be construed more favorably to one party over another, notwthstandng the fact one patty, or ts attorney, may have been more responsble for the preparaton of the document. 9.4 If any lawsut or arbtraton, as may be agreed upon between the partes, arses n connecton wth or perfonnance under ths Easement, the substantally prevalng patty theren shall be enttled to recover from the losng party the substantally prevalng party's costs and expenses, ncludng reasonable attorneys' fees, ncurred n connecton therewth, n preparaton therefor and on appeal therefrom, ncludng those n any bankruptcy proceedng, whch amounts shall be ncluded n any judgment entered theren. 9.5 Ths Easement consttutes the entre agreement between the partes and no modfcaton, amendment, addton to or changes to ths Agreement shall be vald or enforceable unless n wrtng and sgned by all partes. 9.6 The Easement shall be a covenant runnng wth and ths Easement shall burden the Easement Area descrbed above under Paragraphs 1.1.1 and 1.1.2 and shall burden the property descrbed n Exhbt 2 and shall be bndng upon the successors and assgns of Grantor and Grantee. IN WITNESS WHEREOF, ths Easement s executed on the date and year set forth below. GRANTOR CITY OF BqNNI;lY LAKE N0.320 By: { y\ Rot rt L. Young --- - Its: Mayor '' n2, Date: '1 _I t2-z - - MJU\sU!m\clsD\t onncyj akc\ I 6 Well Ea5cmen(\09. 03.03 GRANTEE SUMNER SCHOOL DISTRICT... --'-... :::.. '\ () _ J:;:'-::'. By LL\vlcJlWbt?j-1'1r}'1%GA Donald A. Esmann Its: Superntendent Date: _ 9?eJ 3 7
Approved as (0 form: Approved as to form: [acknowledgements contnued on next page] MJU\S\llllllcrSD\BotlncyLakc\ Well Ease me I1t\09.03.03 7
STATE OF WASHINGTON ) ) ss. COUNTY OF PIERCE ) On ths day personally appeared before me Robert L. Young to me known to be the Mayor of the Cty of Bonney Lake, the muncpal corporaton descrbed n and that executed the wthn and foregong nstlument, and acknowledged sad ustrurnent to be the free and voluntary act and deed of sad muncpal corporaton, for the uses and purposes theren mentoned, and on oath stated that he was authorzed to execute sad nstlument on behalf of sad muncpal corporaton. GIVEN under my hand and offcal seal ths j' r : day of S('k,,,,,bv-, 2003. HARWOOD T. EDVALSON NOTARY PUBLIC STATE OF WASHINGTON COMMISSIO I EXI'IRES ocrobt r, 10. 2003 STATE OF WASHINGTON ) ss. COUNTY OF PIERCE ) JJ'o" J ) [prnted name of notary] NOTARY PUBLIC n and for the State of Washngton, resdng at PJ rt, (b,j. My Commsson Expres: 0 - (J- 0') On ths day personally appeared before me Donald A. Esmann to me known to be the Superntendent of the Sumner School Dstrct No. 320, the muncpal corporaton descrbed n and that executed the wthn and foregong nstlument, and acknowledged sad nstlument to be the lee and voluntmy act and deed of sad muncpal corporaton, for the uses and purposes theren mentoned, and on oath stated that he was authorzed to execute sad nstrument on behalf of sad muncpal corporaton. GIVEN under my hand and offcal seal ths 3rd day of September, 2003. \)rv, (AL.Lrv ft. (l{w ) )Yl l It VI- r;;. Ol t +<' I V [prnted name ofnotaty] NOTARY PUBLIC n and for the State of Washngton, resdng al.s\uyl VI e. YL) My Commsson Expres: '1 - I " b l, MJU\SllmnerSD\I3onllcyLakc\ Well Eascmcnt\09. 03.03 8
EXHIBIT 1... ILLUSTRATI.\1EMAP._. _ ",, EXHBIT 1 ILLUSTRATIVE MAP etclj OF BOl)l)eQ LAKg, BAllPARK LUE'lL AnD ere' C\fAdUCO 8ALLP.(\JjflrB ENT FACILITY AND EMI!'AALD HILLS SCHOOL PLAN ----.. ----.. ----.. - -' ----..
EXHIBIT 2 SANITARY CONTROL AREA LEGAL DESCRIPTION Commencng at a pont as the ntersecton of the easterly margn of South Tapps Drve Eas! wth the southerly lne of Tract "A" as shown per plat of Lake Tapps Lakerdge Addton NO. 4 as recorded n volume 33 of plats at page 10, records of Perce County Audtor; thence S 34 56'41" E a dstance of 145.91 feet; thence N 74 29'46"E a dstance of92.83 feet to the center of well casng, beng the true pont of begnnng of the 100 foot santary control radus. MJIJ\SuIllJlcrSD\BollncyLakc\ WellEascment\09.03,03
Cty of Bonney Lake, Washngton Councl Agenda Bll (C.A.B.) Approval Form Del!artmentStaff Contact: Councl Meetng Date: Agenda Item Number Seth Boettcher - Publc Aprl 22, 2003 03-1 16 Works Drector Ordnance Number: Resoluton Number: Counclmember Sl!onsor: 1098 BUDGET INFORMATON 2002 Budget Amount Regllred EXl!endture Iml!act Remanng Balance $ 0 $ 0 $ 0 $ 0 EXl!lanaton: Agenda Subject: A resoluton of the Cty Councl of the Cty of Bonney Lake, Perce County, Washngton, authorzng an Interlocal Agreement and Easements for Stonnwater and Wellhouse wth Sumner School Dstrct. Admnstratve Recommendaton: Recommend to the Cty Councl to approve the Interlocal Agreement and Easements and authorze the Mayor to sgn. Background Summary: See the attached Staff Report for detal InfOlmaton. Councl Commttee Dates: Fnance Commttee: Commsson Dates: Plannng Commsson: BoardHearng Examner Dates: Park Board: Publc Safety Commttee: Cvl Servce Commsson: Hearng Examner: Communty Development & Plannng Commttee: 41 403 Councl Workshop: Councl Actoll' Councl Call for Hearng: Councl Hearngs Date: Councl Referred Back to: Councl Tabled Untl: Workshop: Councl Meetng Dates: Commttee Date Cty Attorney revewed 4-1-03
COMMUNITY DEVELOPMENT COMMITTEE DATE: Aprl 14, 2003 ORIGINATOR: Seth Boettcher, P.E. TITLE: Drector of Publc Works SUBJECT: Sumner School Dstrct Interlocal Agreement and Easements: Stormwater and Wellhonse See the attached staff report for detal nformaton. ORDINANCERESOLUTION # 1098 REQUEST OR RECOMMENDATION BY ORIGINATOR: Recommend to the Cty Councl to approve the agreement and authorze the Mayor to sgn. ISSUE AND DOCUMENTS HAVE BEEN REVIEWED AND APPROVED BY THE FINANCE DIRECTOR CITY ATTORNEY 4-1-03 BUDGETED ITEM: Budget Impact: $ 0 COMMITTEE ACTION: RECOMMEND APPROVAL TO COUNCIL DATE APPROVED DISAPPROVED James Rackley, Charman Nel Johnson j..( LF0'f L{- ('-( ()) Dan Swatman '1-ft(- D] COMMITTEE COMMENTS: A c.. Cl v\ \ -e 11 Coy {'() r 0... \.U-e \ \ ± o--\- '( s ttv>6ect.- \e. COMMITTEE'S RECOMMENDATION TO FORWARD TO: CITY CLERK CITY ATTORNEY Please schedule for Councl Meetng date of:...!a:ljvl1r!l l.f,2", 2., 2"'0"'0"'3'--
Aprl 9, 2003 PUBLIC WORKS DEPARTMENT STAFF REPORT The Cty of Bonney Lake's msson s to protect the communty's lvable dentty and scenc beauty through responsble growth plannng and by provdng accountable, accessble and effcent local government servces.)) Staff Report for Interlocal Agreement Wth Sumner School Dstrct Benefts for the Cty of Bonney Lake The Cty of Bonney Lake needs to drll a new well n order to be able to wthdraw the full water rght 'om the Ball Park Well and provde a back up well. The Cty also needs room to construct a treatment faclty along wth the new well. The Cty has searched the area surroundng the exstng well and found that the best ste for a new well s on the School Dstrct property. If the Cty could use the School Dstrct property for the well and treatment faclty, the Cty could save Real Estate fees, apprasal servces and the cost of buyng land. Benefts for the Sumner School Dstrct The Sumner School Dstrct s buldng a new hgh school n the southern patt of Bonney Lake. The nfltraton storm pond turned out to present floodng rsks to surroundng homes. The School Dstrct then approached the Cty of Bonney Lake to see f they could use Cty property as an overflow ste for storm water so that they could restrct the amount of nfltraton on ste to safe levels. If the School Dstrct could use the Cty property as an overflow ste, they could solve the storm water ssue at mnmal costs. Benefts to the Publc When publc agences cooperate for mutual beneft. The tax payer s the bg wnner as the tax payer saves money twce. The nterlocal agreement saves money on the budget for the hgh school and our water customers wll beneft by helpng to keep the costs for the Ball Park Well faclty down whch helps keep water rates down. Sde benefts The publc works staff would lke to provde a day for school chldren to tour the treatment faclty once t has been completed. The Cty wll beneft from good publc relatons and the school dstrct and chldren wll beneft from an educatonal opportunty that s n close proxmty. What are the mpacts to dschargng addtonal water on the Cty property? The tract of property that was deeded to the Cty as a storm water tract because the tract was consdered to all be wthn the 100 year flood plan. The eval uaton was only cursory and assumed that the sol would not absorb any water. The school dstrct's engneer evaluated the Cty property and found that the sol s qute permeable and therefore the property has a very large capacty for absorbng storm water. There does not appear to be any wetlands on ste. There are no rsks of floodng to surroundng property.
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Dranage Report Supplementary for Off-ste Storm Improvements New Bonney Lake Hgh School Prepared for: Sumner School Dstrct Contact Person: Mark Baumgarten Proj ect Engneer: Carol Hurst Warner Engneerng 5122 Olympc Drve NW, Sute B204 Gg Harbor, Washngton, 98335 (253) 858-8577 1 Aprl 2003 Job Number: 01903 1
rulunl:. -. " F ""C;:lnN OF 1 09THd! UTlUTIES <0 ;" flwt ERSHIP: WRECO) 0.. ;;; :0 ::> '-1 o, z 25 24 MIN. FINISH FLOOR ELEV. 573.7 85.00' 56.73' f-- N 23'34' 10" E -r;:----;;-;:;;-:-:;;::;-; =---..::: 6..:.,7..:::. 0::.,.7_' -.,.,.J 25.33' 88'43'25" E 123.80' I- 1 5' N.B.A. N 23'23'44" W 48.88' 15 16 MIN. FINISH FLOOR ELEV. 573.7 \ 53.97' w D I') to z "- -<t '" I') 23 88'43'24" E S 84'3 1 100 YEAR FLOOD PLAIN ELEVATION = 572.7 MIN. FI NISH FLOOR ELEV. 573.7 17 254.66' 130.00' MIN. FINISH FLOOR ELEV. 573.7 72' 100 YEAR FLOOD PLAIN ELEVATION = 572.7 1 (TRACT A) DEDICATED TO CITY OF BONNEY LAKE w D 1') <'1. 0. <0 '", -<t z BOUNDARY OF TRACT A IS 100 YEAR FLOOD PLAIN. ELEVATION = 572.7 PIERCE COUNTY DATUM PER HYDRAULICS REPORT PElBARRETT CONSULTING FOR 192ND AVE E 10-7-88 S 84'07'20" 26.08' E N 60'51 '4" 43. 12' E N 79' 66 MIN. FI NISH FLOOR ELEV. 573. SEE SHEET 4 1 8 I 39.66' ENTS 22 MIN. FINISH FLOOR ELEV. 573.7 s,... N 59'36'26" " 39.21 '! r, ' N 33'04+ " E 41.65' N 4703'03" 50.81' z E MIN. FINISH FLOOR ELEV. 573.7 19 ---N 44'49'50" E 23.06',:>1 \ \ New O\I\I(\(.. L-O..l'H', \-\-\ DoL 21 \)'('0..\ V\ C\...e.. Rt-su-\-s. MIN, FINISH FLOOR ELEV. 573.7 N 78'46'56" 23.31' E N 88'47'09" W (IJ E 50' I SCALE: I z!, I v\ j eo. v- c.. _ 1" =50' " PElBarrett Consultng Group I 20 NO. 808E-50 C lv= l Env- rōn-m.-nt al E n 9 1n-.-. --' Lān d -s ū - N.ȳō --p, Īōnn - ē -- ------ -- 720 South 333rd Sute 200 Phone: 838-6202 (Seattle) Fed.rul Way, Washngton 98003 927-1 839 w J, f d D
MARY J. U RBACK PLLC 1'ElEI'H()NE: (253) 826 9504 12417 12'1'11 STIU;.r r EASr EDGEWOOD, WASHINGTON 98372-1454 E-MAIl.: Illurback@carthlnk.nct FACSI,\IILE: (253) 863 0225 May 12, 2003 HAND DELIVERED Harwood Edvalson Cty Clerk Cty of Bonney Lake 19306 Bonney Lake Boulevard P.O. Box 7380 Bonney Lake, W A 98390-0944 Re: Sumner School Dstrct - Cty of Bonney Lake: Interlocal Agreement and Stormwater Easement Dear Harwood: The Interlocal Agreement s now fu lly executed and a copy for the Cty's fles s enclosed. Also, the Stonnwater Easement has been recorded under Perce COlmty Audtor's Fle No. 200305120525. A confonned copy of the Stonnwater Easement s also enclosed for your fles. By copy of ths letter to Seth Boettcher, I am provdng Seth wth confonned copes of the Interlocal Agreement and the Stonnwater Easement as well Thank you for your assstance on ths matter. Very truly yours, MARY J. URBACK PLLC MJU:sm MJU\SlDlI)tf$D\BLHS\LtrEdva\sont5 12.Q3 Enclosures cc: Dr. Donald A Esmarm, Superntendent (wenc1osures) Wllam Noland, Deputy Supelntendent (wenc1osures) Seth Boettcher, P.E., Cty Engneer (wenc1osures)
Cty Councl Mnutes Page 6 Aprl 22, 2003 state a reason for abstanng from a vote. Counclmember Johnson sad he was concerned wth employees dong out-of-class work because of the potental to have others dentfy out-of-class stuatons that would also requre addtonal pay. He felt perhaps the department needs revew to make sure the work fl ow s approprate and more evenly dstrbuted. Fnance Drector Wedenfeller responded that ths was a 28-year employee who found over the years that her responsbltes had ncreased beyond those dentfed n her job descrpton. He sad her reclassfcaton was a self-ntated acton. Drector Wedenfeller provded further background on ths proposed acton. Mayor Young added that Department Heads have been generally nstructed not to work employees out-ofclass wthout hs authorzaton. Deputy Mayor Swatman sad that he dd not understand the need for multple supervsory postons n a department of nne people. Drector Wedenfeller responded that ths was more of a lead-worker poston. Understandng that the proposed acton s a change of salary range, not a reclassfcaton, Counclmember DeLeo sad he would support the resoluton. Counclmember Kng sad he felt the employee and staff deserved closure on the ssue. He sad he would support the resoluton. Counclmember Rackley also offered hs support. He sad that no job s statc over a long perod of tme-thngs change. Moton approved 4-2 - 1. Deputy Mayor Swatman and Councl member Johnson voted no. Counclmember Noble abstaned. She sad she lacked adequate background on the ssue. VII. COMMUNITY DEVELOPMENT COMMITTEE ISSUES A. AB03-114 - Resoluton 1096 - A Resoluton Of The Cty Councl Of The Cty Of Bonney Lake, Perce County, Washngton, Authorzng A Water Developers Extenson Agreement Wth Country Creek Estates For Water Improvements At 21315 16 t h Street E. IA}.I).).! Moton by Counclmember Rackley to adopt Resoluton 1096. Second made by Deputy Mayor Swatman. Moton approved 7 - O. B03-116 - Resoluton 1098 - A Resoluton Of The Cty Councl Of The Cty Of Bonney LaKe, Perce County, Washngton, Authorzng An Interloca1 Agreement And Easements For Stormwater And Wellhouse Wth Sumner School Dstrct. [Al.ll.2.21 r04.7.11
Cty Councl Mnutes Page 7 Aprl 22, 2003 r Councl member Rackley moved to approve Resoluton 1098. Councl member Kng I :::: o :: ::::: was \ agences. '-- an excellent agreement that would result n savngs to both ---------- ------ - ==- Moton approved 7 - O. C. AB03-117 - Resoluton 1099 - A Resoluton Of The Cty Councl Of The Cty Of Bonney Lake, Perce County, Washngton, Authorzng The Award Of The Pavng Of The North Parkng Lot At Allan Yorke Park To Lakerdge Pavng Company. Im31 Counclmember Rackley moved the approval of Resoluton 1099. Deputy Mayor Swatman offered the second. Mayor Young sad that Publc Works Drector Boettcher had negotated about a $7,000 savngs to the Cty on ths agreement. Moton approved 7 - O. D. AB03-120 - Resoluton 1101 - A Resoluton Of The Cty Councl Of The Cty Of Bonney Lake, Perce County, Washngton, Authorzng A Contract Wth Gould Constructon Servces, Inc. For General Inspecton Servces. 1,)4 1 1.11 Councl member Rackley moved to approve Resoluton 1101. Counclmember Johnson seconded the moton. Councl member Brcker asked f ths agreement stpulated the requred qualfcatons to perform the nspectons, or f the contractor could hre just anyone to do the work. Publc Works Drector Boettcher responded that the contract dd not specfcally address qualfcatons. He sad f the work was not beng performed to the Cty's needed standards, they were not bound to use that contractor. Counclmember Kng asked f the contractor would be enforcng the Cty's constructon standards. Drector Boettcher sad that the contractor does not drect the performance of work, but reports drectly on the compl ance wth cty standards and contract performance on constructon projects. He lkened the contractor to a qualty control representatve. Counclmember Brcker felt ths agreement should gve the Cty some control over the qualty of employees hred by the contractor. He concurred that t may be a good deal, but that t left the Cty wth a lot of lablty.