075-09 - Resolution - Modification to Water Retail Service AreaIntroduced by:
Requested by:
Drafted by:
Introduced:
Adopted:
RESOLUTION NO. 075-09
Public Works Director
Public Works Director
Public Works Director
July 28, 2oog
July 28, 2oog
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON AUTHORIZING MODIFICATION TO THE
WATER RETAIL SERVICE AREA
WHEREAS, the West Sound Utility District ("District") and the City of Port Orchard
("City") participate in Kitsap County's Coordinated Water System Plan, which allocates water
retail service area to each water purveyor; and
WHEREAS, on Juice 16, 1998, West Sound Utility District (formerly Annapolis Water
District) and the City of Port Orchard entered into an Interlocal Agreement establishing the
water retail service area boundaries for which each party assumed retail water service
responsibility; and
WHEREAS, both the City of Port Orchard and the West Sound Utility District have
agreed that it is in the public's best interest that the property located at 22oo Bethel Road (Tax
ID# 352401-1-002-2002) be reassigned from the City's water retail service area to District's
water retail service area; and
WHEREAS, on July 6, 2009, West Sound Utility District adopted Resolution No. 138-
og, thereby authorizing a modification to the June 16, 1998 Interlocal Agreement to reassign the
property at 22oo Bethel Road (Tax ID#352401-1-002-2002); now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD DOES HEREBY
RESOLVE THE FOLLOWING:
THAT: The Port Orchard City Council authorizes the modification to the
June 16, 1998 Interlocal Agreement to reassign the property located 2200
Bethel Road (Tax ID#352401-1-002-2002) from the City's water retail service
area to the District's water retail service area, as identified in the attached
Interlocal Agreement (ILA).
PASSED by the City Council of the City of Port Orchard, APPROVED y the Mayor and
attested by the Clerk in authentication of such passage this 28th day of J o9
*tricia
J. Kir 464kr MC, City Clerk
INTERLOCAL AGREEMENT
BETWEEN WEST SOUND UTILITY DISTRICT AND
THE CITY OF PORT ORCHARD
MODIFYING THE WATER UTILITY RETAIL SERVICE AREA BOUNDARIES
IN ACCORDANCE WITH THE KITSAP COUNTY
COORDINATED WATER SYSTEM PLAN
PREAMBLE
This interlocal agreement modifies the water utility retail service area between West
Sound Utility District and the City of Port Orchard. The following property is being
transferred to the West Sound Utility District retail service area:
2200 Bethel Road, Port Orchard, Tax Act, No: 352401-1-002-2002
Legal Description:' See Attachment C.
WHEREAS, The Kitsap County Coordinated Water System Plan applies to both
the City of Port Orchard and West Sound Utility District (formerly known as Annapolis
Water District); and
WHEREAS, Designation of retail service areas, together with the cooperation of
adjacent water utilities, will help assure that time, effort, and money are best used by
avoiding unnecessary duplication of service; and
WHEREAS, on June 16,1998, the parties entered into an Interlocal Agreement
establishing the retail service area boundaries for which each party assumed retail water
service responsibility; and
WHEREAS, The City of Port Orchard and West Sound Utility District have
determined that it is in the public's best interest to make the following adjustment to their
retail service boundaries; now,
THEREFORE, the undersigned parties, having authority by their Board of
Commissioners or City Council entered into this Agreement by their signature.
Boundan Ad'ustment. It is in the best interest of the City of Port Orchard and West
Sound Utility District to mane the following retail service boundary adjustments. The
below tax parcel is hereby transferred from the retail service area of the City of Port
Orchard and added to the retail service are of West Sound Utility District.
Address: 2200 Bethel Road, Port Orchard
Tax Account Number: 352401-1-002-2002
Area: 18.74 acres
lnterlocal Agreement to Modify Water- Retail Service Areas Page 1 of Z
2200 Bethel Road
Service Continuity. This property to be transferred is currently undeveloped. Therefore
water service continuity will not be affected.
Attachment. This Agreement by reference includes the following attachment:
Attachment A: Map of Modification of Kitsap County Water Utility Retail
Service Area.
Attachment B: Kitsap County Assessor's Map (Parcel Search)
Attachment C: Kitsap County Tax Description from Assessor's File
Prior Agreement: Except as set forth herein, all provisions of the previously executed
lnterlocal Agreement, as referenced above, shall remain in full force an effect. Said
Agreement is hereby incorporated by reference.
IN WITNESS WHEREOF, the undersigned parties acknowledge having the authority
to, and have executed this Agreement as of 2009.
West b'und Uti ' District City 9.f rt r rd'`
Lawrence J. Curles Lar'v onnola
General Manager
Mayor j
A ST:
Patricia Kirkf dtrick,City Clerk
Receipt Acknowledged and adjacent purveyor concurrence certified:
Kitsap County Health District
Printed Name
Date of Acknowledgment: g
Copies to Kitsap County Department of Health and Kitsap PUD#
Interlocal Agreement to Modify Water Retail Service Areas Page 2 of 2
2200 Bethel Road
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Print Parcel Search Map
Page 1 of 1
Kitsap County Parcel Search
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Icopyright. 0 2009 Kits Count
DISCLAIMER: This map is intonded for display purposes only and is not intended for
any legal representations.
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http:I/kcwppub3.co.kitsap.wa.us/ParcelSearcii/PRINT.ASP?CMD—INIT&PID=l172600 6/3/2009
ATTACHMENT C
TAX DESCRIPTION:
35241 E
THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 35, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., AND THE WEST HALF OF
THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 24
NORTH, RANGE 1 EAST, W.M., LYING WESTERLY OF BETHEL AVENUE; >>EXCEPT THAT PORTION
THEREOF DESCRIBED AS FOLLOWS: THAT PORTION OF THE SOUTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 35, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., AND OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 24 NORTH,
RANGE 1 EAST, W.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF
THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 35, TOWNSHIP 24
NORTH, RANGE 1 EAST, W.M., FROM WHICH THE NORTHEAST CORNER OF SAID SECTION 35
BEARS NO*08'17 W 133097 FEET; THENCE N89*40'25 W ALONG THE NORTH LINE OF SAID
SOUTHEAST QUARTER OF THE NORTHEAST QUARTER A DISTANCE OF 141.83 FEET; THENCE
SO*08'17 E 376.23 FEET, MORE OR LESS, TO THE NORTH LINE OF THE TRANSMISSION AND
DISTRIBUTION EASEMENT GRANTED TO PUGET SOUND POWER AND LIGHT COMPANY UNDER
INSTRUMENT RECORDED UNDER RECORDING NO. 571950, AND THE TRUE POINT OF BEGINNING;
THENCE CONTINUE S0*08'17 E 150.00 FEET; THENCE S86*11'37 E 170.00 FEET, MORE OR LESS, TO
THE WESTERLY RIGHT-OF-WAY LINE OF BETHEL AVENUE; THENCE NORTHEASTERLY ALONG
THE WESTERLY RIGHT-OF-WAY LINE OF BETHEL AVENUE 150.00 FEET, MORE OR LESS, TO A
POINT ON THE NORTH LINE OF SAID TRANSMISSION EASEMENT WHICH BEARS S86*11137 E
FROM THE TRUE POINT OF BEGINNING; THENCE N86* 11'37 W 176.0 FEET, MORE OR LESS, TO THE
TRUE POINT OF BEGINNING; >>AND EXCEPT THE FOLLOWING: THAT PORTION OF THE
SOUTHEAST QUARTER OF THE NORTHEAST QUARTER IN SECTION 35, TOWNSHIP 24 NORTH,
RANGE 1 EAST, W.M., AND OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 36, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING
AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SAID SECTION 35; THENCE N89*40'25 W ALONG THE NORTH LINE THEREOF 141.85 FEET; THENCE
SO*08'17 E 41 FEET TO THE TRUE POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED;
THENCE S89*40'25 E 198.29 FEET, MORE OR LESS, TO THE WESTERLY MARGIN OF OLD STATE
HIGHWAY NO. 14; THENCE SOUTHWESTERLY ALONG SAID WESTERLY MARGIN, 300 FEET;
THENCE N89*40'25 W TO A POINT WHICH IS S0*08'17 E FROM THE TRUE POINT OF BEGINNING;
THENCE NO*08'17 W TO THE TRUE POINT OF BEGINNING. >>ALSO EXCEPT THAT PORTION OF
THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 35, TOWNSHIP 24
NORTH, RANGE 1 EAST, W.M., AND OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 36, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 35, TOWNSHIP 24 NORTH, RANGE 1 EAST, BEING THE TRUE POINT OF
BEGINNING; THENCE N89*40'25 W ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER OF
THE NORTHEAST QUARTER A DISTANCE OF 141.83 FEET; THENCE S0*08'17 E 41 FEET; THENCE
S89*40'25 E 198.29 FEET, MORE OR LESS, TO THE WESTERLY MARGIN OF THE OLD STATE
HIGHWAY NO. 14; THENCE NORTHEASTERLY ALONG SAID HIGHWAY MARGIN 40 FEET, MORE
OR LESS, TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SAID SECTION 36; THENCE ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER, N89*19'W 58.17 FEET, MORE OR LESS, TO THE TRUE POINT OF
BEGINNING.
Interlocal Agreement to Modify Water Retail Service Areas Attachment C
2200 Bethel Road