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HomeMy WebLinkAboutBAY POINT RETIREMENT COMMUNITY 't:- ,- n . . Filed for Record at Request of: 11\\111 \\1\\ \1111 \\111\\ 11\1 \1\1\ 111\\1 III \\1\11\~ II 3176014 . Page: 1 of 8 85/85/199918: 16A When Recorded Return to: Kitsap Co, \.lA BREMERTOH CITY OF AGMT Name: City Clerk Address :239 Fourth Street Bremerton, W A 98337 Document Title: Reimbursement Agreement for Extended Sewer Mains Project Name: Bay Point Retirement Community Sewer Main Extension Developer Name: Bay Point Retirement Community L.L.c. arid DRK Developers, Inc. Location: A Portion of Sundown Drive Tax Parcel # 152401-2-196-2000, 152401-2-181-2007, 152401-2-182-2006, 152401-2-183-2005, 152401-2-187-2001, 152401-2-188-2000, 152401-3-175-2003 Abbreviated Legal Section 15, Township 24 North, Range 01, W.M. Kitsap County, Washington Description: REIMBURSEl\1ENT AGREEMENT FOR EXTENDED SEWER MAINS . The undersigned, owner of the following described real property, LEGAL DESCRIPTION: EXC\SE TAX EXEMPj MAY, · ~ 1999 See Attached Exhibit "A" has applied to the City of Bremerton Municipal Utilities, for sewer service for said property, which will require the extension of a sewer main. In consideration of the furnishing of such service by the City of Bremerton Municipal Utilities, the undersigned owner of property, Bav Point Retirement Community L.L.C. , hereinafter referred to as Owner, and the undersigned, City of Bremerton Municipal Utilities, hereinafter referred to as Utility, each do hereby promise, and agree as follows: CONDITIONS: 1. Per the conditions as provided in Bremerton Municipal Code 15.01.090, it is hereby agreed that the Owner will construct a sewer main extension in accordance with the specifications of the Utility to provide sewer service to the above-described real property. The owner hereby agrees to dedicate said sewer main extension to the Utility. The Utility agrees to accept responsibility for operation and maintenance of said sewer main. . 1 Bay Point Sewer Reimbursement < . . 2. The total cost of said sewer main extension shall be at the expense of the Owner. In consideration, the Utility nereby. grants the Owner the right to recover Owner's costs as outlined in this agreement by reimbursing Owner front footage fees as a result of direct connection by other benefiting properties to said ~ewer main extension, less fifteen (15) percent for maintaining records and administration of the program during the term of this agreement up to Owner's cost of main construction. Said front footage fees shall be assessed at $18,05 per foot in accordance with the fee schedule set under the Bremerton Municipal Code. LOCATION: Said sewer main extension subject to reimbursement is described as follows: Shown on Exhibit "A", attached and made a part thereof. TERMS OF AGREEMENT: 1. This agreement shall remain in force for fifteen (15) years from date of dedication of the sewer system improvement or full reimbursement of Owner's construction costs, whichever occurs. first. 2. Said payment from Utility to Owner shall occur within sixty (60) clays of receipt of payment of connection charges from each applicant that connects to said sewer main extension. . Bay Point Retirement Community L.L.c. 9102 Bridgeport Way SW DATE of DEDICATION: Lakewood, WA 98499"2418 l DATED: December 16. 1998 ~J.~~ D. Reed Kelley Member STATE OF WASHINGTON ) : ss. COUNTY OF P. €CCE. ) On this day personally appeared before me t. K aD K.ELL C\{ ,of~~~ ~,,~.L;~~ corporation\partnership described in and that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation\partnership, for the uses and purposes therein mentioned, and on oath stat e\they was\were authorized to execute said instrument on behalf of said corporation \partnership. . 2 Bay Point Sewer .. 111111 1111111I11111111 3176014 Page: 2 of 8 8S/85/199918:16A BREMER TON CITY OF AGMT $15,88 Kitsap Co, \.lA i . . CITY OF BREl\1ERTON BY: ~4 dL DATED: 4- /(P-97 L' S. HORTON, Mayor STATE OF WASHINGTON ) : ss. COUNTY OF KlTSAP ) On this day personally appeared before me Lynn Horton, Bremerton City Mayor, the municipal corporation described in and that executed the Within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument on behalf of said corporation. ) GIVEN under d official seal this IIdh day of ~.-I j J , 1999. 0--{ L L. It {?j~~(g~,,~ ~ ...... ~ ~ .~\:,SION ~.. 1--. '..;~ ~~;.. ~ ():.CJ~OTAAy<S'~~ Notary blic in an for the S te of : * :' Washington, ~ . PuSUC : residing at: ~1/"Y"z1 A::trnJ . (fl..o$' oCV..~ My appointment expires: S - /:F- tJC:< ~;,.:! 5-20...~c:i ~ OFWAS~\~0 DEP ,Director of Public Works and Utilities I1il baptreim. doc 3 Bay Point Sewer Reimbursement II 1111 IIII I I II II II II II 3176014 Page: 3 of 8 65/65/199916: 16A BREMERTOH CITY OF AGMT $15,68 Kitsap COI \.lA ~ , . . EXHIBIT "A" Reimbursement Area At Sundown Drive A PORTION OF SECTION 15, TOWNSHIP 24 N., RANGE 1 E.; WILLAMETTE NfERIDIAN LEGAL DESCRIPTIONS: TAX ASSESSOR'S NUMBER 152401-2-196-2000 THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE NORTH 48 FEET TO THE TRUE. POINT OF BEGINNING; THENCE EAST 105.68 FEET; THENCE NORTH 115 FEET; THENCE WEST 105 FEET, MORE OR LESS, TO THE WEST LINE OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE SOUTH TO THE TRUE POINT OF BEGINNING; EXCEPT, THAT PORTION CONVEYED TO THE , CITY OF BREMERTON PER AUDITOR'S FILE NO. 9305130297 FOR RIGHT OF WAY FOR SUNDOWN DRIVE. . .' TAX ASSESSOR'S NUMBER 152401-2-181-2007 BEG 48FT N & 105.68FT E OF SW COR OF SE 1/4 NW1/4 N 115FT E 50FT S 115FT W50FT TO BEG EX S 15FT FOR RD TAX ASSESSOR'S NUMBER 152401-2-182-2006 BEG 48FT N & 1DS.68FT E OF SW COR OF SE1/4 NW1/4 N 203.6FT E 108.68FT S 203.6FT W 108.68FT TO BEG EX S 15FT FOR RD & EX FOLG DES TAS 'A' BEG 48FT N & 10S.68FT E OF SW COR OF SO SE1/4 NW1/4 N 115FT E 50FT 5 115FT W 50FT TO POB 'B' BEG 210.36FT E & 48FT N OF SW COR OF SO SE 1/4 NW1/4N 100FT E 4FT S 100FT W 4FT TO POB EX ADS, 4 Bay Point Sewer Reimbursement · ~l(fJIJ IfJlIllIIlLlIJ n ~ 3176014 Page: 4 of 8 BS/BS/19991B:16A Kitsap COI ~A ~ . . . EXHIBIT "A" Continued Reimbursement Area At Sundown Drive APORTION OF SECTION 15, TOVlNSHIP24 N., RA..i"TGE 1 E.; \VILLAlvfETTE MERIDIAN TAX ASSESSOR'S Nillv1BER 152401-2-183-2005 PARCEL 1: THAT PORTION OF THE SOUTHEAST QUARTER Of THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M" IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 210.3~ FEET EAST AND 48 FEET NORTH OF THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE . NORTH 100 FEET; THENCE EAST 4 FEET; THENCE NORTH 38.95 FEET TO THE SOUTHWEST CORNER OF A TRACT CONVEYED TO ERIC KAINU BY .DEED DATED APRIL 23, 1952, AND RECORDED UNDER AUDITOR'S FILE NO. 554046; THENCE EAST 108.68 FEET; THENCE SOUTH 138.95 FEET; THENCE WEST 112.68 FEET TO POINT OF BEGINNING; EXCEPT THE SOUTH 15 FEET FOR SUNDOWN DRIVE. PARCEL 2: AN EASEMENT FOR WATER LINE AFFECTING A PORTION OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSA? COUNTY, WASHI~TDN, ~RE PARTICULARLY GESCRIBED IN ~UDITOR'S FILE NO, 636824. . TAX ASSESSOR'S Nillv1BER 152401-2-187-2001 BEG 48FT N & 323. 04FT E OF SW COR OF SE 1/4 NW1/ 4 N 116FT E 52FT S116FT W 52FT TO BEG EX S 15FT TAX ASSESSOR'S Nillv1BER 152401-2-188-2000 BEG 48FT N & 323.04FT E OF SW COR SE1/4 NW1/4 N 116FT E 52FT S 11FT TO POB S TO N MAR OF CO Ro E 58.68FT ALG SO N MA R N TO A PT E OF POB W TO POB I 5 Bay Point Sewer Reimbursement , 1111 1111111I11111111 3176014 Page: 5 of 8 - S5/S5/19991S:16A BREMERTON CITY OF AGMT $15,SS Kitsap COI WA " . . EXHIBIT" A" Continued Reimbursement Area At Sundown Drive . A PORTION OF SECTION 15, TO\VNSHIP 24 N., R..~'\fGE 1 E.; W1LLAJ.\I1ETIE MERIDIA.:."J . ------- -- TAX ASSESSOR'S NU1v1BER 152401-3-175-2003 (LOT D OF CITY OF BREMERTO~ SHORT PLAT RECORDED UNDER AUDITOR'S FILE NO. 8812280132 "B-171") THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 24 NORTH, RANGE 1 EAST 1 W.. M. 1 IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 15; THENCE S88*41 '29"E 1315.j8 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 15; THENCE N1*12'59"E ALONG THE NORTH-SOUTH CENTERLINE OF THE SOUTHWEST QUARTER OF SAID SECTION 15 FOR A DISTANCE OF 2001.49 FEET TO THE SOUTHWEST . CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 15; THENCE S88*45'45"E ALONG THE SOUTH LINE THEREOF 192.17 FEET; THENCE N35*36'32"E 88.21 FEET; THENCE N1*12'59"E 70.00 FFET TO A POINT HEREINAFTER REFERRED TO As POINT "A" FOR DESCRIPTION PURPOSES AND THE TRUE POINT OF BEGINNING; THENCE N31*47'24"E125.75 FEET; THENCE N54*25'38"E 44.57 FEET; THENCE N42*48'17"E 58.73 FEET; THENCE N59*50'41"E 58.30 FEET; THENCE N59*59'03"E 82.90 FEET; THENCE N21*58'15"E 52.60 FEET; THENCE N55*14'10"E 59.52 FEET; THENCE N39*22'24"E 74.37 FEET; THENCE S88*43'OO"E 43.51 FEET, MORE OR LESS, TO THE EAST LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE N1*01 '19"E ALONG SAID EAST LINE 129,67 FEET TO THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE N88*47'10"W ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER 113..04 FEET TO ITS INTERSECTION WITH A LINE WHICH IS PARALLEL WITH AND 40.00 FEET SOUTHWESTERLY (WHEN MEASURED AT RIGHT ANGLES) FROM THE SOUTH LINE OF THOSE CERTAIN TRACTS OF LAND AS DESCRIBED IN DEEDS OF AUDITOR'S FILE NO. 792572 AND 827129; THENCE N76*55'10"W ALONG SAID LINE 115.-50 FEfT; THENCE N88*53'10"W 401.09 FEET TO A POINT ON A LINE WHICH LIES 30 FEET EAST OF 6 Bay Point Sewer Reimbursement II "" "" " "" " 3176014 Page: 6 of 8 S5/S5/19991S:16A BREMERTOH C ITV OF AGMT $15 . SS Kitsap COI WA ~ . . EXHIBIT "A" Continued Reimbursement .Area At Sundown Drive A PORTION OF SECTION 15, TO\Vl'fSIDP 24 N., R.A.l"\JGE 1 E.; wlLLA.J.vfETIE i\1ERIDlA.J.~- -.----. TAX ASSESSOR'S NillvfBER 152401-3-175-2003 THE WEST LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER; THENCE S1*06'50"W ALONG SAID LINE 23.06 FEET TO THE NORTH LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE S1*12'59"W ALONG A LINE 30 FEET EAST OF THE WEST LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER 31.09 FEET; THENCE S4~*02'21"E 315.27 FEET; THENCE S1*12'59"W 260.00 FEET TO THE TRUE POINT OF BEGINNING; TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER AND - ACROSS A STRIP OF LAND sa FEET IN. WIDTH, THE WESTERLY LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT THE ABOVE DESCRIBED POINT "A"; THENCE S1*12'59"W 70.00 FEET; THENCE . S42*48'22"E131.89 FEET TO THE NORTHWESTERLY MARGIN OF KITSAP WAY AND THE POINT OF TERMINATION OF THIS LINE; SUBJECT TO AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES, OVER, UNDER AND ACROSS A STRIP OF LAND 30 FEET IN WIDTH-, THE WESTERLY LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT THE ABOVE DESCRIBED POINT "A"; THENCE N1*12'59"E 260.00 FEET; THENCE N41*02'21"W 315.27 FEET TO THE POINT OF TERMINATION OF THIS LINEj AND SUBJECT TO AN EASEMENT FOR INGRESS, EGRESS-AND UTILITIES, OVER, UNDER AND ACROSS A STRIP OF LAND 30 FEET IN WIDTH, THE SOUTHEASTERLY LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT THE ABOVE DESCRIBED POINT "A"j THENCE N31*47'24"E 125.75 FEETj THENCE N54*25'3S"E 44.57 FEET; THEN.CE N42*48'17"E 58.73 FEET; THENCE N59*50'41"E 58~30 FEET; THENCE ~5S*59t03"E 82.90 FEET' THENCE N21*58'15"E 52.60 FEET; THENCE N55*14'10"E , 59.52 FEET; THENCE N39*22'24"E 74.37 FEET; THENCE S88*43'OO"E 43.51 FEET, MORE OR LESS, TO THE EAST LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 15 AND THE POINT OF TERMINATION ,OF THIS LINE. EXCEPT THAT PORTION CONVEYED TO THE CITY OF BREMERTON FOR OYSTER BAY COURT PER AUDITOR'S FILE NO. 9306240314. III 7 Bay Point Sewer Reimburse~~nt 1111111I11 II II II 3176014 Page: 7 of 8 S5/S5/1S881S:1SA BREMERTON CITY OF RGMT $15.88 Kitsap Co, l-JR ~ , , , EXIllBIT "A" Continued '" . Reimbursement Area At Sundown Drive A PORTION OF SECTION 15, TOWNSHIP 24 N., RA1"\fGE 1 E.; VlILLA.lYfETIE iYfERIDIAN CJ ____~ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ , 190 .- C\i 186 0\ 01 . .- .... --'" 217 ",/ .-'" .. .,'.'n., - 218 193 ;;':,.'~. "::.: .... , / % ",< / "- "- "- .z "- .' " ~"', '-.../! "" " ....-'-: " 0) \ <9 ~\\ .-;-, -Y..J- ~ \ I " \ I /'>-..... \ I / ..... \ " \ " \ " \ '........... } ....1--<.. I \ f \ \ \ r .- _.- S Bay Point Sewer Reimbursement 1111 1111111I11111111 3176014 Page: 8 of 8 '85/85/199918:16A BREMERTON CITY OF AGMT $15,88 Kitsap Co, ~A