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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 4