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Stiebrs Water Service AgreementCITY OF YELM DEFERRED DOCUMENT RECORDING COVER SHEET DATE: August 12, 2014 Name: Tami Merriman Department: Community Development Signature: Phone: 360-458-8496 "PLEASE LIMIT BATCHES TO 20 DOCUMENTS" BATCH OF (Include a separate cover sheet for each batch) TYPE OF DOCUMENT # OF PAGES FEE 1. Water Service Agreement 4 $ 2. $ 3. $ 4. $ 5. $ 6. $ 7. $ 8. $ 9. $ 10. $ 11. $ 12. $ 13. $ 14. $ 15. $ 16, $ 17. $ 18. $ 19. $ 20. $ TOTAL: $ (FOR AUDITOR'S USE ONLY) RECORDING, $ SURCHARGE#1: �_ _ SURCHARGE #2: $ return Address 'ity of Yelm 'ami Merriman 05 Yelm Avenue West 'elm, WA 98597 Document title(s) (or transactions contained therein): 1. Water Service Agreement Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Stiebrs Farms, Inc 2. Stiebrs, Jon Grantee(s) (Last name, first name, middle initial) 1. City of Yelm 2. Legal Description ( abbreviated: i.e. lot, block, plat or section, township, range) That part of the NE1/4 of the SWIA in Section 29 Township 17 Range 2E & NW 1/4& SE 1/4 SLY AND WLY OF BALD HILL RD & NW SW THE E 260F LY S OF RD & E2 SW SW & W 320F OF SE SW LESS.92 C Assessors Property Tax Parcel/Account Number: 22729310600 WATER SERVICE AGREEMENT THIS AGREEMENT is made and entered into the day of2014, by and between the CITY OF YELM, a municipal corporation, an Jon Stiebrs, Stiebrs Farms, Inc.; RECITALS: 1.1 Stiebrs holds record title to the following described property located within Thurston County, Washington: That part of the NE1/4 of the SW1/4 in Section 29 Township 17 Range 2E & NW Y4 & SE 1/4 SLY AND WLY OF BALD HILL RD & NW SW THE E 260F LY S OF RD & E2 SW SW & W 320F OF SE SW LESS .92 C 1.2 The property lies within the urban growth boundary, and future water service boundary of the City of Yelm. 1.3 The future zoning for this property when annexed into the City is R-4 Low Density Residential as determined in the City of Yelm Comprehensive Plan and joint plan with Thurston County. 1.4 The City of Yelm water main does not currently extend to the Stiebrs property and is not immediately available. 1.5 Stiebrs is in the process of providing water to said property using a private well to form an interim Group B water system. 1.6 The Coordinated Water System Plan (CWSP) permits the development of interim water systems in locations where potable water service is not immediately available. 1.7 The City of Yelm has agreed to allow Stiebrs to construct the water system on an interim basis to serve the immediate needs of the property. 1.8 The City of Yelm Water System Plan identifies the water service area for the City of Yelm, and this area incorporates the water system. The City of Yelm is vested with certain rights and responsibilities as defined in the CWSP. Water Service Agreement Page 1 of 3 2. Agreement 2.1 Stiebrs shall maintain the existing connection(s) from the well to the buildings as they exist at the time of this Agreement; new structures requiring additional connections to the well shall require City of Yelm approval and appropriate modification of this Agreement. 2.2 Stiebrs agrees to connect all residential buildings, staff -only buildings, buildings not used primarily for Stiebrs Farms egg production, or buildings used for retail sales to City of Yelm water service when it is available to the site, and pay appropriate fees, including but not limited to appropriate connection fees, meter installation charges and/or drop-in charges, within ninety (90) days of receiving written notification from the City. 2.3 In the event Stiebrs is required to connect to City of Yelm water service, the City agrees the Class B water system may remain and be utilized for Stiebrs Farms non -office farming operations. 2.4 Stiebrs agrees that at the time that the property develops to urban densities according to City development regulations, the well shall be decommissioned, and any water rights associated with the well be transferred to the City of Yelm. 2.5 Stiebrs shall make all improvements required to connect to the City water system at such time as City water service is immediately available to the site, at or across the parcel boundary. 2.5 All provisions of this Agreement shall be construed to touch and concern the land, shall run with the land, and bind the Stiebrs, its heirs, assigns and successor(s) in interest, and such provisions are to be pursued in good faith and diligently by Stiebrs, and any such successor(s). ___71 -_ Jon Sfiebt!,)$tie_6Zs Farms Inc. I Shelly Ba er City Ad rinit or Water Service Agreement Page 2 of 3 STATE OF WASHINGTON } }ss COUNTY OF THURSTON } L On this 1 day of j4t147 2014 before me personally appeared Jon Stiebrs to me known to be theep rs n who appeared before me, and said person acknowledged that she signed this instrument, and acknowledged to be her free and voluntary act for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal and year first above written: fo Signature: Print Name: M.0 Irl NOTARY PUBLIC in and for the State of Washington ... •• Residing at:1 f A7 Commission expires: 7 of wrwg;�.-. STATE OF WASHINGTON )ss COUNTY OF THURSTON ) ,i� On this 3- day of ( 2014 before me personally appeared Shelly Badger, to me known to be the City Administrator of a corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the fee and voluntary act and deed of said corporation, for the use and purposes therein mentioned, and on oath stated that she is authorized to execute said instrument. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal and year first above written: 0 DANA SPIVE�Y J Signature: o NOTARY PUBLIC STATE OF WASHINGTON Print Name: COMMISSION EXPIRES NOTARY PUBLIC in and for the State of Washington NOVEMBER 1. 2015of ® �+ Residing at: Aa-, �-n Commission expires: _ /L L ICL Water Service Agreement Page 3 of 3