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HomeMy WebLinkAbout4138 Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 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.