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4138
ERLANDS POINT WATER COMPANY INC
Water Service Area
Water Resources
LEG 12-1
01/05/2001
06/15/2011
No term dates in Agreement
Review date for tracking only
WATER SERVICE AREA AGREEMENT
CITY OF BREMERTON AND ERLAND POINT WATER COMPANY, INC.
THIS AGREEMENT is hereby made and entered into by and between the CITY OF
BREMERTON, a municipal corporation of the State of Washington established under Title 35 of
the Revised Code of Washington, hereinafter referred to as "BREMERTON", and the ERLAND
POINT WATER COMPANY, INC., a non-profit corporation hereinafter referred to as
"ERLAND POINT".
WITNESSETH:
WHEREAS, BREMERTON and ERLAND POINT are desirous of entering into an
agreement for the purpose of establishing their respective areas of customer service; and
WHEREAS, BREMERTON and ERLAND POINT acknowledge that they are now, or
expect in the future, to serve the area of Kitsap County, Washington, lying generally in the
central portion of said County and around the western portion of Dyes Inlet; and
WHEREAS, in order to plan for expected growth and proper utilization of the resources
and facilities of BREMERTON and ERLAND POINT, each party is desirous of establishing a
service area boundary between the two parties, which will delineate the area beyond which
future service will not extend; and
WHEREAS, in defining the boundary between the respective service areas of
BREMERTON and ERLAND POINT, the parties have given proper consideration to expected
growth and population and service demands, ground surface elevations and contours, water
service pressure zones and compatibility to the extent possible in the respective pressure zones
utilized by the parties hereto; and
WHEREAS, BREMERTON and ERLAND POINT have also given consideration to
what is considered to be orderly development of water service and population growth and the
maintenance of sufficient service, both present and prospective.
NOW, THEREFORE, for and in consideration of the mutual promises and benefits to be
derived bereft'om, the parties hereto hereby agree as follows:
1. Establishment of Boundary: BREMERTON and ERLAND POINT hereby agree
that the boundary between their respective water service areas shall be the line shown on the
attached Exhibit "A", which by this reference is incorporated herein as though fully set forth.
Said line is legally described as set forth on "Exhibit "B" attached hereto, which by this
reference is incorporated herein as though fully set forth. It is agreed that BREMERTON shall
service the area to the south delineated by the line described on Exhibit "A" and Exhibit "B", and
that ERLAND POINT will serve the area north of the line described on Exhibit "A" and Exhibit
Agg Sv¢~h SERVICE AREA AGREEMENT Page 1
CITY OF BREMERTON AND
ERLAND POINT WATER DISTRICT
2. Service Outside of Delineated Area: BREMERTON and ERLAND POINT each
agree that in consideration of the need for orderly development, neither will serve the area herein
delineated for service by the other without the express prior written consent of the other.
3. Changes in Service Area: In the event there is any change in the service area
boundary set between BREMERTON and ERLAND POINT in the future, such changes shall be
by mutual agreement and in writing.
4. No Abrogation: Nothing in this Agreement shall abrogate the rights and powers
of BREMERTON under RCW 35.13A.030 - .050 upon annexation of any territory included in
the ERLAND POINT service area into BREMERTON.
5. Authorization: BREMERTON and ERLAND POINT have each authorized the
execution of this Agreement by appropriate resolution.
6. Notices: All written notices required to be given pursuant to this Agreement shall
be sent by certified mail, return receipt requested, to the parties at the following address:
BREMERTON: Bremerton Public Works and Utilities
3027 Olympus Drive
Bremerton, WA 98310-4799
ERLAND POINT: Erland Point Water Company
P.O. Box 644
Silverdale, WA 98383
Provided, however, that either party may change the address to which notices are to be sent by
providing notice in accordance with this section.
7. Governing Law: This Agreement shall be governed by the laws of the State of
Washington.
8. Jurisdiction and Venue: In the event that any suit or action shall be brought in
concoction with this Agreement, jurisdiction and venue shall be proper in the Kitsap County
Superior Court, Kitsap County, Washington.
9. Severabilit¥: In the event that any section, or any part of any section, of this
Agreement shall be declared invalid by a court of a competent jurisdiction, said holding shall
have no effect upon the remaining sections of this Agreement, which shall remain in full force
and effect.
AggSvcs/Ih SERVICE AREA AGREEMENT Page 2
CITY OF BREMERTON AND
ERLAND POINT WATER DISTRICT
10. Entirety: This Agreement constitutes the entire Agreement and understanding
between BREMERTON and ERLAND POINT. There are no other agreements or
representations, either written or oral, which modify or have any effect upon this Agreement.
DATED this ~ day of~, 2001~.
CITY OF BREMERTON
By: ~ d' ~-~
Signatory Party
Lynn S. Horton, Mayor
ERLAND POINT WATER COMPANY, INC.
Manager, P~esident
Agg. Svcs/Ih SERVICE AREA AGREEMENT Page 3
CITY OF BREMERTON AND
ERLAND POINT WATER DISTRICT
EXHIBIT "B"
Description
The line dividing the service areas of the City of Bremerton Water System and the
Erland Point Water System is described as follows:
Beginning at the northeast corner of Government Lot 4, Section 4, Township 24
North, Range 1 East, Willamette Meridian, situate in Kitsap County, Washington also
being the True Point of Beginning; thence west along the north line of said
Government Lot 4 to the common corner between said Government Lot 4 and the
northeast corner of the southeast quarter of the southeast quarter of Section 5,
Township 24 North, Range 1 East, Willamette Meridian; thence along the north line of
said southeast quarter of the southeast quarter to the intersection of the said north
line and the easterly right of way of State Highway 3; thence south along said
easterly right of way to the section line between said Section 5 and Section 8; thence
west along said section line to the common quarter corner between said Sections 5
and 8; thence continuing west along said section line to the northerly right of way of
NW Golf Club Hill Road; thence easterly along said northerly right of way to the
intersection of said northerly right of way and the extension of the east line of Short
Plat No. 4801, recorded under Auditor File No. 8810190063, records of Kitsap
County, Washington; thence south along said extension to the southeast corner of
said Short Plat No. 4801; thence west along the south line of said Short Plat No.
4801 to the southwest corner of said Short Plat No. 4801; thence south along an
extension of the west line of said Short Plat No. 4801 35.95 feet; thence N 68°05'05''
W 111.37 feet; thence S 27°27'22'' W 41 feet; thence N 89°09'55'' W 156.27 feet;
thence N 88°27'03'' W 380 feet more of less to the west line of the east half of the
northeast quarter of the northwest quarter of said Section 8; thence south along said
west line to the south line of said northeast quarter of the northwest quarter; thence
west along said south line to the intersection of said south line and the westerly right
of way of Chico Way NW; thence north along said westerly right of way 226.2 feet;
thence leaving said westerly right of way, S 89°47'11" W 66.2 feet; thence N 0°52'49''
W 200 feet; thence N 88°57'49'' W 397.6 feet; thence S 1 °26'11" W 118.7 feet;
thence S 88°57'49'' E 251.6 feet; thence S 1°26'11" W 300 feet to the south line of
said northwest quarter of the northwest quarter of said Section 8; thence west along
said south line to the intersection of said south line and the westerly right of way of
North Lake Way NW; thence along said westerly right of way to the intersection of
said westerly right of way and the southerly right of way of Seabeck Highway; thence
westerly on the said southerly right of way to the intersection of said southerly right of
way and the easterly right of way of the United States Navy Railroad and the
terminus.