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Home My WebLink About202108180049 - Charles & Patricia Bair - Contract Agreement in Lieu of AssessmentName and Mailing Address City of Port Orchard -Clerk's Office 216 Prospect Street Port Orchard, WA 98366 CITY OF PORT ORCHARD 202108180049 ggraement Rep Fee. $ 208 80 page: 1 of 6 U811812021 03:86 A Paut Pndrews, Kitsap Co Puditor The Recorder is required to use only the information you provide on this cover sheet to index the document. Type or print legibly. Document Title(s): Agreement in Lieu of Assessment Auditor's File Number of Document (s) Referenced: Grantor(s) person(s) that conveys, sells or grants interest in property: Charles E. and Patricia R. Bair Grantee(s) person that buys, receives or to whom conveyance of property is made: City of Port Orchard Abbreviated Legal Description: • Quarter, Quarter, Section, Township, Range (and Government lot # if applicable); OR • Plat/Condo Name, lot or unit number, building or block number; OR • Short Plat, Large Lot number, lot number and auditor file number Lot 12, Block 1 Tom Cline's Addition to Sidney; Lots 10 & 11 Block 1 Tom Cline's Addition to Sidney; and Lot 9, Block 1 Tom Cline's Addition to Sidney Assessor's 14 digit Tax Parcel Number; 4031-001-012-vr�'4031-001-010- vm j 4031-001-009-0103 04/25/14 After Recording Return to: City Clerk City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 AGREEMENT IN 74a OFASSESSMENT GRANTOR: a . e ,d n .1 GRANTEE: City of Port Orchard LEGAL DESCRIPTION: THAT PORTION OF Complete legal description attar led as Exhibit "A" 0aa4 TAX PARCEL NO.: _ o- Cho 0 t gcbBil - 001 - 0o9 - 0/03 This agreement is entei -ed into between th of Port 0A ard, a Washington municipal corporation, hereafter referrer. to as "City" an hereafter to as "Owner". Owner owns ceri ain real property which does not front on an of the City's waredter er y ty's water mains, but Owner seeks to ob Lain 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 on the attached "Exl dbit A" which by this reference is incorporated herein and made a part hereof. The referenced ref 1 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 partie s agree as follows: 1 WATYR SERVICE 1'he City hereby agrees to provide water service, not to exceed the usual and customar V requirements for a single Equivalent Residential Unit (ERU), to the Property. No of her buildings or real property may connect to or be served by the Private water line v ithout the City's approval. Owner shall construct, own, operate and maintain the p -ivate water line at the Owner's sole cost and expense. The City reserves the right t) 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. 2. INSPECTION OF CONNECTION. The Owner shall notify the City of the Owner's intent to connect the private water line to the City's main line at least two (2) business days before connection. The City may inspect the condition and construction of the private water line before connection, and shall inspect the actual connection, at a time or times mutually agreed to by the Owner and the City. The Owner shall reimburse the District for all costs of inspection. 3. PAYMENT FOR WATER SERVICE. The Owner agrees to pay for the water service supplied by the City according to the rates, schedules, and resolutions duly enacted and established by the City and to pay a service initiation charge as required by the City. 4. OWNER SUPPOR'i FOR CITY'S A�"�'ION. In the event a utility local improvement district (ULID) or pipeline extension for a water line, water main, or a water service is initiated affecting the Property or any portion thereof, the Owner of the Property hereby agrees to support any petitions or other action therefor and not to contest the formation of any said ULID or pipeline extension. The Owner further agrees to pay its share of the costs for the permanent water facilities serving the Property as may be assessed or adopted by the City. 5. DISCONNECTION OF PRIVATE WATER LINE. The Owner understands and acknowledges that the City, at its option, may require that water service from the private water line be discontinued and that water service be provided by the permanent water main serving the Property at the Owner's expense. When permanent water facilities are constructed and available, whether by the City or others, the Owner shall disconnect the private water line and connect to the City's permanent water facilities within forty-five (45) days of notice from the City that the permanent facilities are ready for connection. The Owner shall disconnect and remove, or disable, the private water line in accordance with applicable laws and regulations within ninety (go) days of the connection of the Property to the permanent water facilities. The Owner shall be responsible for all costs of disconnecting, removing and disabling the private water line. 6. AGREEMENT RUNS WITH THE -LAND. All provisions of this agreement, including the benefits and burdens, run with the Property, and are binding upon and enure to benefit of the heirs, assigns, successors, tenants, and personal representatives of the Owner and City. 7. WARRANTY OF TITLE. Owner warrants that it has good and fee simple title to the Property, and that it has the right to enter into this agreement. 8. COO PE RATIQNENFORCL, WENT QF PROVISIONS, The parties shall strive to cooperate with one another in effectuating the terms and spirit of this agreement. This agreement shall be given a reasonable construction. Either party may enforce this agreement by appropriate action, including specific performance, and the prevailing party in any such litigation shall be entitled to recover its reasonable attorney fees and costs. 9. RECORDING. The City shall record this agreement with the Kitsap County Auditor, at the cost of the Owner. DATED this _ CITY OF PORT ORCHARD, WASHINGTON A-"� Robert Putaa'nsuu, Mayor ATTEST/AUTH EMUCATED; day of ` :) + 2a t ,C—Si, ❑wncr) Name and Title ' ' ' '�� `''� Brandy Rineai. M , City Clerk ,�`'`�OF • ' APPROVED AS TO FORM: SEAL a. .9fMBp,��.tiC`�`■, O Charlotte Archer, City Attorney r r i� j j i 11T+i�► Agreement in Lieu of Assessment Exhibit A Legal Description for Bair Parcels Parcel 4031-001-012-0009 LOT 12, BLOCK 1 TOM CLINE'S ADDITION TO SIDNEY, AS PER PLAT RECORDED IN VOLUME 1 OF PLATS, PAGE 29, RECORDS OF KITSAP COUNTY, WASHINGTON; TOGETHER WITH THAT PORTION OF VACATED CEDAR STREET, WHICH ATTACHED BY OPERATION OF LAW UNDER CITY OF PORT ORCHARD ORDINANCE 913. Parcel 4031-001-010-0001 LOTS 10 & 11, BLOCK 1 TOM CLINE'S ADDITION TO SIDNEY, AS PER PLAT RECORDED IN VOLUME 1 OF PLATS, PAGE 29, RECORDS OF KITSAP COUNTY, WASHINGTON; TOGETHER WITH THAT PORTION OF VACATED CEDAR STREET, WHICH ATTACHED BY OPERATION OF LAW UNDER CITY OF PORT ORCHARD ORDINANCE 913. Parcel 4031-001-009-0103 LOT 9, BLOCK 1 TOM CLINE'S ADDITION TO SIDNEY, AS PER PLAT RECORDED IN VOLUME 1 OF PLATS, PAGE 29, RECORDS OF KITSAP COUNTY, WASHINGTON; TOGETHER WITH THAT PORTION OF VACATED CEDAR STREET, WHICH ATTACHED BY OPERATION OF LAW UNDER CITY OF PORT ORCHARD ORDINANCE 913. "unst l,.a ne CC,niwtet