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HomeMy WebLinkAbout202108180048 - Kitsap Development & Investment, LLC - Contract Agreement in Lieu of AssessmentCITY OF PORT ORCHARD 202108180048 Agreement Rec Fee $ 208 50 08/18/2021 09 56 All Page: 1 of 6 Paul Andrews, Kitsan Ge Auditor Name and Mailing Address City of Port Orchard -Clerk's Office 216 Prospect Street Port Orchard, WA 98366 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: Kitsap Development & Investment, LLC 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 That portion of the NW Quarter of the SW Quarter of Section 34 Township 24 N Range 1 E Assessor's 14 digit Tax Parcel Number 34240 1-3-011-2008 04/25/14 After Recording Return to: City Clerk City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 AGREEMENT IN LIEU OF ASSESSMENT GRANTOR: Kitsap Development & investment LLC GRANTEE: City of Port Orchard LEGAL DESCRIPTION: THAT PORTION OF Complete legal description attached as Exhibit "A" TAX PARCEL NO.: 342401-3-011-2008 This agreement is entered into between the City of Port Orchard, a Washington municipal corporation, hereafter referred to as "City", and Kitsap Development & investment LLC, 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 on the attached "Exhibit A" which by this reference is incorporated herein and made a part hereof. 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: i. WATER SERVICE. 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. 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 SUPPORT FOR CF1'Y'S ACTION. 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. COOPERATION/ENFORCEMENT OF 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 ;;+T` day of . 209). r CITY OF PORT ORCHARD, WASHINGTON Robert Putaansuu, Mayor ATTEST/AUTHENTICATED: Br y earson, MMC, City Clerk APPROVED AS TO FORM: W4:Aowner) Name and Title NX Charlotte Archer, City Attorney,. , ,• b �s EL _ Tax Description EXHIBIT "A" Parcel #: 342401-3-011-2008 **NO SITUS ADDRESS ** THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SUBDIVISION; THENCE SOUTH ALONG THE WEST LINE THEREOF 660 FEET TO THE TRUE POINT OF BEGINNING; THENCE EAST 165 FEET; THENCE SOUTH 660 FEET, MORE OR LESS, TO THE SOUTH LINE OF SAID SUBDIVISION; THENCE WEST 165 FEET TO THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE NORTH ALONG THE WEST LINE OF SAID SUBDIVISION 660 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING; SITUATE IN KITSAP COUNTY, WASHINGTON.>> »TOGETHER WITH THAT PORTION OF VACATED SHAWN ROAD AS DESCRIBED UNDER AUDITOR'S FILE NO. 202104280004, RECORDS OF KITSAP COUNTY, WASHINGTON, AS ATTACHES PER OPERATION OF LAW.