Water Service Agreement Bald Hill Rd LLC WATER SERVICE AGREEMENT
and
� NOTICE TO T9TLE
THIS AGREEMENT is made and entered into the�day of �a.�/c1�, 2015, by
and between the CITY OF YELM, a municipal corporation, and Bald Hill Road �LC;
1. RECITALS:
1.� Sald Hill Roaci LLC holds record title to the following described property
located within Thurston Ccunty, Washington:
Tract B, BLA04904565TC, S 2�J, T 17, R2E.
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 af Yelm 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 E3ald Hill
Road LLC property and is not immediately available.
1.5 Bald Hill Road LLC has drilled an unpermitted well for a proposed sing9e
family residence, anc� future single family residence. Pr�viding water to
said property using a private wefl for 2 or more dwelling unit's results in an
interim Grou{� B water system.
1.6 Bald Hill Road LLC intends to keep an existing on-site well for irrigation
purposes.
1.7 The Coordinated Water System Plan (CWSP) permits the development of
interim w�te!-systems i� lo�ations where potable w�#er service is not
immediately available.
1.8 The City of Yelm has agreed to allow Bald Hill Road LLC to construct the
water system on an interirrs basis to serve the immediate needs of the
property.
1.9 The City of Yelm Water System Plan identifies th� water service area for
the City of Yelm, and this area incorporates th� 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
1.10 The City of Yelm, through its Transportation Plan, adopts a Transportation
Improvemen: Program and Six Year Transportation Improvement Program
for planning and implementation of transportation policies within its Urban
Growth Area. �
1.11 Project Number Y2C in the Transportation Improvement Program is a
street connection between Bald Hill Road and the SR 510/SR 507
intersection to accommodate a significant portion of the current peak hour
traffic between the intersection and 5 Corners.
1.12 The location of the right-of-way for the future Y2C connection may require
the relocation of the proposed residences.
2. Agreement
2.1 Bald Hii! Road LLC shall maintain the existing connection from the
permitted well for irrigation purposes only.
2.2 Bald Hill Road LLC shall maintain the unpermitted well for the use of no
rnore than two single family residences; no other structures requiring
additional connections to the well shall be permitted, unless approved by
the City of Yelm, and this Agreement is modified in writing.
2.3 Bald Hill Road LLC is aware of the proposed street connection through the
property. �
2.4 Bald Hill Road LLC agrees that �t the time that the property develops to
urban densities according to City development regulations, the wells shall
be decommissioneti, and any water rights associated with the wells be
transferred to the City of Yelm.
2.5 Bald Hill Road LLC shall make all improvements required to conn�c�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 ar�d concern
the land, shall run with the land, and bind Bald Hill Road LLC, its heirs,
assigns and successor(s) in interest, ar�d such provisions are to be
pursued in good faith and diligently by Bald Hill Road LLC, and any such
succe�sor(s).
(..� . --_ _`_V _ ,
/�� - _
Water Service Agreement Page 2 of 3
�
STATE OF WASHINGTON )
)ss
COUNTY OF THURSTON ) • K�� W��Sp�
,� L �1nD
On this �`7'�� day of ������t .2015 before me personally appeared ��a1��l�CI�72i��if/�
to me known to be the �El'»f�E�.S 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 thereir. mentioned,and on oath stated that he/she is autharized 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: /�-Ni l-/���'iN� �t/l��Tl-��f
NOTARY PUBLIC in and for the State of Washington
Residing at: ��_, L/��/I�{'�
Commission expires: ��-Z2 -/�7
STATE OF WASHINGTON )
)ss
COU�lTY OF THURSTON )
On this t.L�, Day of�li'�-(�/�2015 before me personally appeared Shellv Badger, to me known
to be the Citv Administrator of the corporation that executed the within and foregoing instrument, and
acknowledged said instr�amsnt to b�the fee and vofuntary 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.
1N WITNESS WHEREOF I have hereunto set my hand and affixed my off�cial seal and year first above
written: d?
,,�--.,,,_�,:...�a.._�
DA N A S P I V E Y ; Signature:
NOTAR'�t PUBLIG � �
STATE OF WASHINGTON �, Print Name:
COMMISSiON EXPIRES �� NOTARY PUBLIC in and fo�the State of Washington
NOYEMBER 1. 2015 { �yv/ , ,/
�-�..,�.�,.;.�.�,-�.�' Residing at: Li,(i1�.Y�� I��.
Commission expires: r/`i� ��^
I� 1 J
Water Service Agreement Page 3 of 3
, " .
ADDENUUM
TO
WATER SERVIC� AGREEMENT
AND
NOTICE TO TITLE '
THIS ADDENDUM is made as attachment to said Water Service Agreement and Notice to
Title signed, notarized and dated March 24, 2015 between the City of Yelm, a municipal
corporation, and Bald Hill Road, LLC
This addendum is to address said verbiage stated in the following paragraphs of said agreement:
Whereas said paragraphs state:
Recitals 1.5
Bald Hill Road LLC has drilled an unpermitted well for a pro�osed single family
residence, and future single family residence. Providing water to said property using a private
well for 2 or more dwelling unit's results in an interim Group B water system; and
Agreement 2.2
Ba1�Hills Road LLC shall maintain the unpermitted well for the use of no more than two
single family residences; no other structures requiring additional'connections to the well shall be
permitted, unless approved by the City of Yelm, and this Agreement is modified in writing.
This addendum is to clarify the following:
Whereas, Bald Hill LLC, does in fact have a permitted well on said property:
Said permit was given through the Washir,gton State Departr.lent of Ecology resulting in
Well Tag No. BHV 985.
Dated this �-� day of IGGI/fr� ( , 2015.
Bald Hill Road, LLC
�
By: By:
Chad Halterman, Member Ken Wilson, Member
Page 1 of 2 '
r ^ �
State of Washington)
) ss
County of Thurston )
On this x�-/'�'� day of n�f�i�C/f' , 2015 before me personally appeared KEN WILSON and
CHAD HALTERMAN, to me known to be the members of the corperation ihat exe;;uted the
witliin and foregoing instruinent, and acknowledged said instrument to be the free and voluntary
act and deed of said corporation, far the use and purposes therein mentioned, and on oath stated
that they are authorized to execute said instrument.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal and year
first above v�n•itten: .
.
Signatur
Printed Name: �T��/�//vC ��Qf,t��
Notary Public in and for the STate of Washington
Residing at:���rY) � 1,vy� _
Conunission expires: //��-I'�
i
Page 2 of 2