059-21 - Resolution - Agreement with Kitsap Development & Investment for Utility ExtensionRESOLUTION NO.059-2L
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE AN AGREEMENT WITH KITSAP DEVELOPMENT &
INVESTMENT, LLC FOR UTILITY EXTENSION.
WHEREAS, on July t9, 202L, Mr. James Wolfard on behalf of Kitsap Development &
lnvestment, LLC requested water service from the City to property located at27OO Shawn Road
for water to serve a new single-family residence located on Kitsap County Tax Parcel No. 342401-
3-011-2008 (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 new water connection for the Property
should trigger the need for an extension of the water main from the existing main on Lumsden
Road, however, the Public Works Department determined that it is cost prohibitive and infeasible
to require Kitsap Development & lnvestment LLC to construct the extension of the water main
for a single water connection, however, should other real property on Shawn Road property need
water service in the future, the extension of the water main will be necessary and Kitsap
Development & lnvestment LLC or its successors or assigns will be required to connect to that
main at that time; and
WHEREAS, staff recommends an Agreement in Lieu of Assessment that will permit Kitsap
Development & lnvestment, LLC to build, at its own expense, a temporary private line to connect
to the City's water system on Lumsden Road 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 C|TY OF PORT ORCHARD, WASHTNGTON, 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. 059-21
Page 2 of 7
THAT: This Resolution shalltake fullforce 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 LOth day of August 2021.
Robert Putaansuu, Mayor
ATTEST:
Bran nearson, MMC, City Clerk
CITY OF PORT ORCHARD
A8i?8i;allRBB 5Ee:H$ 2oB so
Paul Qndrews, Kitsap Co Auditor
2@2I@81$e,o48
pagej 1 of 6Name and Mailing
City of Port O ard-Clerk's Office
216 Prospect reet
Port Orchard,98366
The Recorder is req red to use only the information
you provide on this sheet to index the document.
Type or print legibly
Document Title(s)reement in Lieu of Assessment
Auditor's File Num of Document (s) Referenced
Grantor(s) person(s)conveys, sells or grants interest in property:
Kitsap ent & lnvestment, LLC
Grantee(s) person
City of Port O
Abbreviated Legal cription:. Quarter, Qu. Plat/Condo. Short Plat, La
buys, receives or to whom conveyance of property is made
rd
That portion
Township 24 Range 1 E
Assessor's 14 digit Parcel Num 342401 -3-0 11-2008
, Section, Township, Range (and Government lot # if applicable); OR
lot or unit number, building or block number; OR
Lot number, lot number and auditor file number
the NW Quarter of the SW Quarter of Section 34
04l2slt4
After Recording Return to:
City Clerk
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98355
GRANTOR:
GMNTEE:
LEGAT DESCRIPTION:
AGREEIVIENT IN LIEU OFASSESSMENT
Kitsap Development & investment LLC
City of Port Orchard
THAT PORTION OF
Complete legal description attached as Exhibit "A"
TA)( 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 "Cit5/', and Kitsap Development & investment LLC, hereafter
referred to as "Owner". Owner owns certain real propertywhich does not front on any of the City's
water mains, but Owner seeks to obtain water service from the CW 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 "Extdbit lt''which by this reference is incorporated herein and made a
part hereof. The referenced real property is hereafter referred to as the "Propedt''.
In consideration of the foregoing recitals, and the promises and covenants of the parties
hereinafter set forth, the parties agree as follows:
1. WATER SERVICE. The City hereby agrees to provide water service, not to exceed the
usual and customaryrequirements for a single Equivalent Residential Unit (ERCI, to
the Property. No other buildings or real property may connect to or be served by the
private water line without the Cifs approval. Owner shall construct, own, operate
and maintain the private water line at the Owner's sole cost and e:rpense. 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 alocation approvedbythe City.
2. INSPECTION OF CONNECTION. The Owner shall notiff 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 connecdon. The City may inspect the condition and construction of the
private water line before connection, and shall inspect tlre actual connection, at a time
or times mutually agreed to by the Owner and the City. The Owner shall reimburse the
Districtfor 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 CITYS ACTION. In the event a utility local improvement
district (IILID) 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 PRTVATE 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
permanentwatermain servingthe Propertyatthe Owner's eipense. Whenpermanent
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 (aS) days of noticefromthe Citythatthe permanentfacilities
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
(qo) 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 IA\TD. 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.
7. WARRAtfff 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. COOPETTATION/ENFORCEMENT OF PROVISIONS. llhe parties shall strive to
cooperate with one another in effectuating the terrns 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 reoover its reasonable attorney fees and
costs.
g. RECORDING. fire City shall record this agreement with the Kitsap CountyAuditor, at
the cost of the Owner.
DATEDthis day of 2A).
CITY OF PORT ORCIIARD,
WASHINGTON
Robert Putaansuu, Mayor
ATTEST/AUTTIENTICATED :
MMC, CityClerk
APPROVED AS TO FORM:
Charlotte Archor, City
Name and Title
Tax Description EXHIBIT ''AI'
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 sAlD suBDlvlsloN;THENCE NORTH ALONG THE WEST LtNE oF sAtD
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 DESCR]BED UNDER AUDITOR'S FILE NO. 202104280004,
RECORDS OF K]TSAP COUNTY, WASHINGTON, AS ATTACHES PER OPERATION OF
LAW,
I
f FilI
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