Stiebrs Farms Water Service Agreement Recorded 08152014 Return Address
City of Yelm
Tami Merriman
105 Yelm Avenue West
Yelm, 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 NEl/4 of the SW1/4 in Section 29 Township 17 Range 2E &
NW 1/4 & SE 1/4 SLY AND WLY OF BALD HILL RD &NW SW THE E
260FLYSOFRD & E2SWSW& W320FOFSESWLESS .92C
Assessors Property Tax ParceUAccount Number:
22729310600
4404847 Pages: 4
08/15l2014 02:14 PM Agreement
Thurston County Washin9ton
CITY OF YELM
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WATER SEI�VICE AGREEMENT
THIS AGREEMENT is made and entered into the f��day of 2014,
by and between the CITY OF YELM, a municipal corporation, an Jon Stiebrs,
Stiebrs Farms, Inc.;
1. 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 '/ & SE 1/4 SLY AND WLY OF BALD HILL RD & NW SW THE E
260FLYSOFRD & E2SWSW & W320FOFSESWLESS .92C
1.2 The property lies within the urban growth boundary, and future water
service boundary of the City of Yelm.
1.3 The future zoriing 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 respon�ib�!ities 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
densiti�s accord�ng to City develo�ment regulations, the well sha11 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).
--- �
Jon Stieb s,;Stie Farms Inc. Shelly Ba er City Administ a or
Water Service Agreement Page 2 of 3
STATE OF WASHINGTON )
)ss
COUNTY OF THURSTON )
� L
On this�day of " 7 2014 before me personally appeared Jon Stiebrs
to me known to be the ep 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:
`,`\`��*��N+ Signature:
1 ,`,
.-� ��"' �� Print Name: � �
�� NOTARY PUBLIC in and for the State of Washington
r
�
� �.• Residing at: ���°fCA . �
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�'�r, f 11 Commission expires: 7— 1 `—� 7
•y�wy�u 19-
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STATE OF WASHINGTON )
)ss
COUNTY OF THURSTON )
#4'� �' . ,
On this�day of 2014 before me personally appeared Shelly Badqer, to me known
to be the Citv Administrator of e 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:
r
v
DANA SPIVE�Y� l Signature:
f � ° , �
NOTARY PUBLIG �
STATE OF W1ISHINGTON ;, Print Name:
COMMISSION EXPIRES � NOTARY PUBLIC in and for the State of Washington
NOVEMBER 1. ?.015 � °' °
:r.��.4,-�-�-.--�.-.�-,--.. Residing at: �(.���/�}'n, ��
Commission expires: ��- � " ��
Water Service Agreement Page 3 of 3
� Stacey A. Sanders
li��a�i�(,i�i i t r�°���'hc�<�I��r�Pc���•ri ii•I I SS3nClel'S@,bgWp.riet
'' '' Paralegal
Reply to Olympia office
August 1, 2014
Mr. Jon Stiebrs
Stiebrs Farms, Inc.
PO Box 598
Yelm, WA 98597
Re: Stiebrs Farms, Inc.
Our File No. 110346/O1
Dear Mr. Stiebrs:
Enclosed is an original Water Service Agreement for your signature before a notary public.
Once it is signed and notarized, please deliver it to the City, so they may have it recorded.
If you have any questions, do not hesitate to contact me or Mr. Dille.
Very truly yours,
BEAN, GENTRY,WHEELER & PETERNELL, PLLC
�• i,�,�.e�--
Stacey A. Sanders, CP
Certified Paralegal to Brent F. Dille
Enclosure
910 Lakeridge Way SW 2211 Elliott Avenue,Suite 200 56885 Enterprise Drive,Suite 101-D
Olympia,Washington 98502 Seattle,Washington 98121 Sunriver,Oregon 97707 �".�_,�.nP}
Tel 360.357.2852 Tel 206.455.2887 Tel 541.593.0322 ��VV l,
WATER SERVICE AGREEMENT
THIS AGREEMENT is made and entered into the day of , 2014,
by and between the CITY OF YELM, a municipal corporation, and Jon Stiebrs,
Stiebrs Farms, Inc.;
1. 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 '/ & SE 1/4 SLY AND WLY OF BALD HILL RD & NW SW THE E
260FLYSOFRD & E2SWSW & W320FOFSESWLESS .92C
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).
Water Service Agreement Page 2 of 3
STATE OF WASHINGTON )
)ss
COUNTY OF THURSTON )
On this Day of , 2014 before me personally appeared Jon Stiebrs
to me known to be the ep rson 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:
Signature:
Print Name:
NOTARY PUBLIC in and for the State of Washington
Residing at:
Commission expires:
STATE OF WASHINGTON )
)ss
COUNTY OF THURSTON )
On this Day of , 2014 before me personally appeared Shellv Badqer, to me known
to be the Citv Administrator of the 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:
Signature:
Print Name:
NOTARY PUBLIC in and for the State of Washington
Residing at:
Commission expires:
Water Service Agreement Page 3 of 3