058-21 - Resolution - Agreement with Bair for Utility ExtensionRESOLUTTON NO.058-21
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE AN AGREEMENT WITH CHARLES AND PATRICIA BAIR
FOR UTITITY EXTENSION.
WHEREAS, May L2,2O2t, Mr. Charles Bair requested water service from the City of Port
Orchard to his property located al73L Bethel forwaterto a newcoffee stand located on Kitsap
County Tax Parcel Nos. 4031-00L-012-0009, 4031-001-0L0-0001-, and 403L-001-009-0103
(the "Property"); and
WHEREAS, pursuant to RCW 35.92.025, the City is authorized to allow a connection to the
City's water system and levy a connection charge for such a connection; and
WHEREAS, pursuant to the City's standards, a water connection for the Property should
trigger the need for an extension of the water main from the existing main at 791 Bethel and
north across the Property to intertie with the water main at 690 Bethel, however the Public
Works Department of the City of Port Orchard has determined that it is cost prohibitive and
infeasible for Mr. and Mrs. Bair to construct the extension of the water main for a single water
connection since the intertie would mean meeting the 390 pressure zone and the 260 pressure
zone, which would require the installation of a pressure reducing station; and
WHEREAS, staff recommends an Agreement in Lieu of Assessment that will permit Mr.
and Mrs. Bair to build, at its own expense, a temporary private line to connect to the City's
existing water main at 791- Bethel, in exchange for a commitment to connect to connect and
pay the applicable connection charges when the future main extension is completed and in
exchange for supporting any future utility local improvement district or water main extension
and to pay for the share of the costs of future permanent water facilities serving the property;
and
WHEREAS, the City Council finds that the Agreement in Lieu of Assessment is in the best
interests of the residents of Port Orchard; now, therefore,
THE CITY COUNCIL OF THE CIW OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: lt 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
the Agreement in Lieu of Assessment attached hereto as Exhibit A and incorporated
herein by this reference.
Resolution No. 058-21
Page 2 of 7
THAT:
hereon
This Resolution shall take full force and effect upon passage and signatures
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 10th day of August 2O2t.
Robert Putaansuu, Mayor
ATTEST:
Brandy Ri Clerk
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
CITY OF PORT ORCI{RRD
nfltanal,-a3' E8'or* lo"oH:li"A;;;;,;; rit=aP co Auditor
2a2to8180049
Page: I of 6
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 & 1 1 Block 1 Tom Cline's
Addition to Sidney; and Lot 9, Block 1 Tom Cline's Addition to Sidney
Assessor's 14 dig it rax parcet Number: 4031-001-01 2.(fufr/4031-001-010- ot27l ,,/4031-001 -009-01 03
04/2s/14
After Recording Return to:
City Clerk
City of port orchard
216 Prospect Street
Port Orchard, WA 9936o
AGREEMEI{T
E,IN
+
TIEII OFASSESSMENT .
//*-rzr. i.r. R ,6o,R_GRANTOR:
6RAIIITEE:
TEGAI DESCRIPTION:
Clty of P ort Orchard
THAT PI)RTIoN oF
This agreement is entered into between ofPort a Washington municipalcorporation, hereafter referre<. to as "ciqy'',0 hereafter referred toas "Owner". Owner owns cerlain real property whidr does not front on any of the CitJ/s watermains,but Owner seeks to oblain water senrice from the by installing a pri%te water lineCityfromthe Ci!y's nearest water main to the Owner's property. Owner's real is legallydescribed on the attached .,Exl ribitA"which bythis
property
reference is incorporated herein and made apart hereof. fire referenced rer I propertyis hereafter referred to as the "Properly''.
Complete legaldescrlption attac red as Exhiblt ,,A"ll47l .egl .(tt?_-Oo69
TA(PARCEINO.: @Go6rYs3r'60l-oo9- olcr3
In consideration of thg foregoing recitals, and the promises an,i[ covenants of the partieshereinafter set forth, the partie s ug";*
"ifoilor,r,s:
1' WATER SERVICE. Ihe City hereby agrees to provide water service, not to exceed theusual and customar r requirements for a single Equivalent Residential Unit (ERU), tothe Proporty. No ol her [uildings or real propertymay connect to or be served by theprivate water line vithout the ciqy's appto*t. bro", shall conetruct, own, operateand maintain the p:ivate water line ai the owner's sole ,ort uoJ
"*p"nee. fire cityresenues the right tr review and approve the designs and specifi.*doo, relating toprirate water line, including the maorr"* in whici 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 alocation approved bythe 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 (z) 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 CITffS 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.
S. 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 (+S) days of notice from the Citythat 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. ACREEMENT RUNS WITH THE LAI{D. All provisions of this agreement, including
the benefits and burdens, run with the Property, and are binding upon and enure to
benefit ofthe heirs, assigns, successors, tenants, and personal representatives ofthe
Owner and City.
T. WARRdNTY OF TIILE. Owncr warrants that it has good and fee simple title to the
Properp, and that it has the right to enter into this agreement.
B. COOPERATION/ENFORCBMENI OF PROYISIONS. 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 CountyAuditor, at
the cost of the Owner.
DArEDthi, il) a"yor FDPE},ro-fi..!r--'
\
CITY OF PORT ORCHARD,
WASHINGTON
Robert Mayor
APPROVED AS TO FORM
Charlotte Archer, City Attorney
CA*-bs €, OorR , o{+r /e-f\
Clerk
Name and Title
Iilt
T
4ao3P
EALS
Agreement in Lieu of Assessment
Exhibit A
Legal Description for Bair Parcels
Parcel 403 1 -001 -0 12-0009
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 403 1 -001-0 I 0-0001
LOTS I O & 1 I, BLOCK I TOM CLINE'S ADDITION TO SIDNEY, AS PER PLAT
RECORDED IN VOLUME 1 OF PLATS, PAGE 29, RECORDS OF KITSAP COLTNTY,
WASHINGTON; TOGETHER WITH THAT PORTION OF VACATED CEDAR STREET,
WHICH ATTACHED BY OPERATION OF LAW UNDER CITY OF PORT ORCHARD
ORDINANCE 913.
Parcel 403 1-00 I -009-0 1 03
LOT 9, BLOCK 1 TOM CLINE'S ADDITION TO SIDNEY, AS PER PLAT RECORDED IN
VOLUME I 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.
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