Agenda - 04-07-20; 12-5 - Information Item - Memorandum - Petition to Amend the Water and Sewer Management, Planning, and Boundary Agreement (WASMPBA)

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3 P.M. Dubbeling, PLLC 1200, 1202, 1204, 1205, and 1203 he outside the current boundary. At that time, development of lots 100, 1200, 1202, and 1203 had already begun and water and sewer services were provided to those lots despite their lying outside the new boundary—leaving 1204 and 1205 with water and sewer lines laid, but without actual water and sewer service. Ms. Sumney bought her lot prior to 2001 and always understood that it would be provided water and sewer service. She did not find out that it was now outside the OWASA service boundary until she recently began to prepare the lot for sale. Mr. Baumgartner bought his lot more recently, but also was unaware that the lot slid not currently have water and sewer service as this did not become apparent during the standard pre-purchase procedures. He only became aware of this in speaking with Ms. Sumney. Petition Under the WSMPBA, service to the lots at 1204 and 1205 Bayberry Lane may only be turned on with the approval of each party to the WSMPBA. Attachment 2 at page 2_ This petition asks for such approval from Orange County Board of Commissioners. Permission of the other parties is being sought simultaneously. Service to 1204 and 1205 Bayberry Lane comes at no additional cost to any party to the WSMPBA that will not be fully recouped from fees paid by the residents. There are existing water and sewer lines that only require "hook up." Each of the other lots in the subdivision is currently provided service and, at the time Mr. Baumgartner and Ms. Sumney purchased these lots, they did so with the understanding that the lots would also be within OWASXs service boundary. Mr. Baumgartner and Ms. Sumney only became aware that the lots were now outside the boundary when Ms. Sumney prepared to sell and develop her lot.