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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 i 19 Hl; c�. L A a Print Parcel Search Map Page 1 of 1 Kitsap County Parcel Search - Legend - I ` Parcels J# Road Flames -r; r — - rr Mllltarq `I r' >4� E 10 _m - - -p m w J_ �iy''lVVII BETHEL ROAD LC 352401-1-002-2t 2 w Icopyright. 0 2009 Kits Count DISCLAIMER: This map is intonded for display purposes only and is not intended for any legal representations. [Click here to Print] �f�RCa� %`'741p 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