088-23 - Resolution - Utility Extension AgreementsDocuSign Envelope ID: D5E3A4D1-E7FE-4280-8982-EDE5487CB89B
RESOLUTION NO. 088-23
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE AGREEMENTS WITH FREDERICK STEPHENS FOR UTILITY
EXTENSIONS.
WHEREAS, the City of Port Orchard provides water and sewer services to the area near
and around Garrison Street; and
WHEREAS, on July 13, 2023, Frederick Stephens, owner of Kitsap County Assessor's Tax
Parcel No. 4043-001-009-0000 located on Garrison Street (the "Property"), has requested water
and sewer service to the Property from the City of Port Orchard for a new single-family residence;
and
WHEREAS, pursuant to RCW 35.92.025, the City is authorized to allow connections to the
City's water and sewer systems and levy a connection charge for such connections; and
WHEREAS, under existing standards, water and sewer connections for the Property may
require extensions of the water main and sewer main from the existing mains on Garrison Street;
and
WHEREAS, the Public Works Department has determined that it is cost prohibitive and
infeasible to require Mr. Stephens to construct the extensions of the water and sewer mains for
single connections to the Property; and
WHEREAS, consistent with the City's existing standards, Staff recommends the execution
of Agreements in Lieu of Assessment that will allow Mr. Stephens to build, at his own expense,
temporary private lines to connect to the City's water and sewer systems on Garrison Street until
extensions of the water and sewer mains are constructed; and
WHEREAS, in the future should other real property on this section of Garrison Street need
water or sewer service, and extensions of the mains are developed, Mr. Stephens or his
successors or assigns will be required to connect to those mains at that time at their own
expense(s); and
WHEREAS, the City Council finds that authorizing the execution of Agreements in Lieu of
Assessment serve the interests of the residents of Port Orchard; now, therefore,
DocuSign Envelope ID: D5E3A4D1-E7FE-42B0-8982-EDE5487CB89B
Resolution No. 088-23
Page 2 of 2
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are
hereby adopted and incorporated as findings in support of the Resolution.
THAT: The Port Orchard City Council approves of and authorizes the Mayor to execute
Agreements in Lieu of Assessment attached hereto and incorporated herein by this
reference.
THAT: This Resolution shall take full force and effect upon passage and signatures hereon.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and
attested by the Clerk in authentication of such passage this 12th day of September 2023.
ATTEST:
DocUSI oed by:
Brandy Wallace, MMC, City Clerk
�Dnc.uSigned by:
1�k poaawsw't
Robert�Putaansuu, Mayor
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After Recording Return to:
City Clerk
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
CITY OF PORT ORCHARD 202309280067
Agreement Rec Fee: $ 204 50
09/28/2023 11:25 AM Page: 1 of 2
Paul Andrews, Kitsap Co Auditor
AGREEMENT IN LIEU OF ASSESSMENT
Contract No. o69-23
GRANTOR: Frederick Stephens
GRANTEE: City of Port Orchard
LEGAL DESCRIPTION: Lot 9, Block 1, Mattson's Addition to Port Orchard, as recorded in Volume 3 of
Plats, Page 67, Records of Kitsap County, Washington
TAX PARCEL NO.: 4043-001-009-0000
This agreement is entered into between the City of Port Orchard, a Washington municipal
corporation, hereafter referred to as "City", and Frederick Stephens, hereafter referred to as
"Owner". Owner owns certain real property which does not front on any of the City's sewer mains,
but Owner seeks to obtain sewer service from the City by installing a private sewer line from the
City's nearest sewer main to the Owner's property. Owner's real property is legally described
above. The referenced real property is hereafter referred to as the "Property".
In consideration of the foregoing recitals, and the promises and covenants of the parties
hereinafter set forth, the parties agree as follows:
1. SPIWEIR 8FRV1C1-'_, The City hereby agrees to provide sewer service, not to exceed the
usual and customary requirements for a single Equivalent Residential Unit (ERU), to
the Property. No other buildings or real property may connect to or be served by the
private sewer line without the City's approval. Owner shall construct, own, operate
and maintain the private sewer line at the Owner's sole cost and expense. The City
reserves the right to review and approve the designs and specifications relating to
private sewer line, including the manner in which the private sewer line will be
connected to the City's main line. The priN ato sewer line shall A-nnect to the City's
sewer main at a location approved by the City. J
9. RECORDING. The City shall record this agreement with the Kitsap County Auditor, at
the cost of the Owner.
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DATED this ` day of , 20 jj�04
CITY OF PORT ORCHARD,
WASHINGTON
�Docuftnvd by:
0 pU�Aa1a.Sw
aU9sae3EaFf"D,
Robert PulaansUll, Mayor
ATTEST/AUTHENTICATED:
DocuSlpnod by:
4GAhX11"" 01?418— —
13ratidy 011carson, MMC, City Clerk
APPROVED AS TO FORM:
tloou5lunea by:
I1371}A'R�55jY1A6Y .T .
Charlotte Archer, City Attorney
Name and Title
tOw�terl
After Recording Return to:
City Clerk
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
PORT ORCHARD CITY OF 202309280068
Agreement Rec Fee: a 204 50
09/28/2023 11 27 AM Page: 1 of 2
Paul Andrews, Kitsap Co Auditor
AGREEMENT IN LIEU OF ASSESSMENT
Contract No, 0 71-23
GRANTOR: Frederick Stephens
GRANTEE: City of Port Orchard
LEGAL DESCRIPTION: Lot 9, Block 1, Mattson's Addition to Port Orchard, as recorded in Volume 3 of
Plats, Page 67, Records of Kitsap County, Washington
TAX PARCEL NO.: 4043-001-009-0000
This agreement is entered into between the City of Port Orchard, a Washington municipal
corporation, hereafter referred to as "City", and Frederick Stephens, hereafter referred to as
"Owner". Owner owns certain real property which does not front on any of the City's water mains,
but Owner seeks to obtain water service from the City by installing a private water line from the
City's nearest water main to the Owner's property. Owner's real property is legally described
above. The referenced real property is hereafter referred to as the "Property".
In consideration of the foregoing recitals, and the promises and covenants of the parties
hereinafter set forth, the parties agree as follows:
WATER 5),.K1 qCE. The City hereby agrees to provide water service, not to exceed the
usual and customary requirements for a single Equivalent Residential Unit (ERU), to
the Property. No other buildings or real property may connect to or be served by the
private water line without the City's approval. Owner shall construct, own, operate
and maintain the private water line at the Owner's sole cost and expense. The City
reserves the right to review and approve the designs and specifications relating to
private water line, including the manner in which the private water line will be
connected to the City's main line. The private water line shall connect to the City's
water main at a location approved by the City.
RECORDING. The City shall record this agreement with the Kitsap County Auditor, at
the cost of the Owner.
DATED this ' S, day of _ , 20-�
CITY OF PORT ORCHARD,
WASHINGTON
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aa4�9 iA011 it -a—
Robert Putaansuu, Mayor
ATTESTlAUTHENTICATED:
Daouftnod by:
UJAWIG
Brandy R�inearsan, MMC, City Clerk
APPROVED AS TO FORM:
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Q1fY5 U9 i
Char%itte frc�ier, City Attorney
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Name and Title