HomeMy WebLinkAbout3900 SAM CHRISTOPHERSON AVE W Return Address: City Clerk
City of Bremerton
345 Sixth Street, Suite 600
Bremerton, WA 98337
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! BREMERTON CITY OF 201003030123 �
qgreement Rec Fee $ 67 �0 page 1 of 6 I
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AUDITOR/RECORDER'S INDEXING FORM
Document Title�s): 1. Outside Utilities Ageement '
Reference Number(s) of Documents assigned or released: N/A
Grantor(s): 1. Patrick E. Ryan
� Additional names on page 3 of document.
Grantee(s): 1. The City of Bremerton
x� Additional names on page 4 of document.
Legai Description: A portion of the NW '/4 of the SE '/, in Sec. 32, T24N R 1 E., W.M. Kitsap County,
(abbreviated) Washington.
� Additional legal is on page 5, 6 of document.
Assessor's Property Tax Parcel/Account Number: 322401-4-084-2000
Pro�ect Name: Gorst Sewerage System Project
OUTSIDE UTILITIES AGREEMENT
WHEREAS the Bremerton Municipal Code requires property outside the city boundaries to support
annexation to the City of Bremerton as a condition for receiving City utilities (BMC 15.02.040 and 15.03.040); and
WHEREAS the City of Bremerton has a primary obligation to its citizens to allocate limited service resources
for adequate gowth and development within the City; and
WHEREAS the undersigned, as owner of a parcel outside the City of Bremerton, has made application for city
utilities;
NOW, THEREFORE, the undersigned owner (hereinafter "Owner") of real property located at 4199 State
HWY 3 or 3900 SAM CHItISTOPHERSON AVE W, Bremerton, Kitsap County, Washington, (hereinafter
"Property"), legally described as:
SEE ATTACHED EXHIBIT "A" �
Page 1 of 7
Outside Utility Agreement
and the City of Bremerton (hereinafter "City� ), in consideration of the mutual covenants set forth herein including the
furnishing of utility services by the City of Bremerton, do hereby promise and agree as follows:
1. Services Provided. City of Bremerton shall provide utility services consistent with service areas defined by.
the City comprehensive utility plans as amended, and terms and conditions of a current Letter of Availability from the
Bremerton Utilities Departanent.
2. Rates and Char�es. Owner shall pay when due all connection charges, assessments, and rates established
for city utility services by City ordinance for the Owner's user class. .
3. Use. Development of the property described above shall comply with the uses and development standards
of City of Bremerton comprehensive land use plan adopted pursuant to RCW 35.13.177 and any adopted subdivision
and street standards of the City of Bremerton.
4. Utilitv Improvements. ,
' Sewer service for a single family residence.
5. Annexation. Owner, by signing below, gants to the City of Bremerton a Limited Power of Attorney to
include this Ageement as Owner's consent to the annexation of the Properiy as part of any Notice of Intent or Petition
-for Annexation presented to the City of Bremerton.
' The annexation petition supported by this Power may include proportional assumption of the City indebtedness
by the area to be annexed. The petition shall require the concurrent adoption of land uses designated in any urban fringe
comprehensive plan approved for the annexation area pursuant to RCW 35.13.177, or if none has been adopted, the land
uses for annexed property as set forth in the Bremerton Zoning Code as amended.
This Power of Attorney is nonrevocable.
6. Enforcement. Violation of this Agreement may result in the immediate termination of utility services to the
above-described property as well as other remedies provided by law.
7. Covenants. The undersigned further agees that this Agreement and the promise made herein constitute a
covenant running with the land and shall be binding upon the undersigned and his heirs, successors, and assigns, and that
this Agreement shall be filed for record in the office of the Kitsap County Auditor.
Page 2 of 7
Outside Utility Agreement
OWNER:
+ '�-�
DATED: �`Z S/ d� BY: `�' 1�-.
Patrick E. Ryan
STATE OF WASHINGTON )
) ss.
COUNTY OF KITSAP )
On this ��day of /.1�.s,�'�Z , 2009, before me a Notary Public in and for
the State of Washington, personally appeared Patrick E. Ryan to me known to be the individual
that executed the foregoing instrument, and acknowledged it to be the free and voluntary act, for the
uses and purposes mentioned in this instrument, and on oath stated that he/she/they were authorized
to execute said instrument.
-Notary Seal Must Appear Withrn This Box-
� 1N WI'�� WHEREOF, I have hereunto set my hand and official seal
the day ar�c�,����L���lNry� written.
`�.� � �,,,.....,,,�y� �i��
� 2 .��ZARy''�9�'� �
: �
fi
� at ;
: � i ,►U�Y 16, �013 i ` �._.�--°'
;�, a � g ��� �s',�o � Notary Public in and for the State of Washington,
. ��`��'qj h•..,„,,,..•�'��� residing at: Bremerton
'�i,���� My appointment expires: 7/18/2013
Page 3 of 7
� Outside Utility Agreement
' EXHIBIT "A"
A PORTION OF SECTION 32, TOWNSHII' 24 N., RANGE 1 E.; WII.,LAMETTE MERIDIAN
TAX ASSESSOR'S ACCOLTNT NUMBER RP ID ADDRESS
3900 SAM CHRISTOPHERSON
322401-4-084-2000 1954791 AVE W or 4199 STATE HWY 3
LEGAL DESCRIPTION
PARCEL I: (LOT B OF SHORT PLAT NO. 435 RECORDED MARCH 9, 1976, UNDER AUDITOR'S FILE NO. 1124990)
THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 24
NORTH, RANGE 1 EAST, W.M., iN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A
POINT 73.3 FEET EAST AND 20 FEET NORTH OF THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF
SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE NORTHERLY, ALONG AN OLD FENCE '
AND THE EXTENSION THEREOF, TO A POINT ON THE NORTH LINE OF SAID SUBDIVISION WHICH IS 83.646
FEET EAST OF THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
THE SOUTHEAST QUARTER; THENCE EAST ALONG THE NORTH LINE OF SAID SUBDIVISION, 112.392 FEET;
THENCE SOUTH 647.78 FEET; THENCE WEST 122.6 FEET TO THE PO1NT OF BEGINNING; EXCEPT THE EAST 60
FEET THEREOF; EXCEPT THAT PORTION LYING SOUTHERLY OF THE NORTHERLY MARGIN OF STATE
� HIGHWAY RIGHT OF WAY; AND EXCEPT THE SOUTH 250 FEET THEREOF, AS MEASURED ALONG THE WEST
LINE; AND EXCEPT THAT PORTION TO KITSAP COUNTY FOR ROAD PER AF#8704220188 » TOGETHER WITH '
AN EASEMENT FOR 1NGRESS AND EGRESS OVER AND ACROSS THE WEST 20 FEET OF SAID EXCEPTED 250
FEET. » PARCEL II: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 32 TOWNSHIP 24 NORTH RANGE 1 EAST, W.M., IN KITSAP COUNTY
WASHINGTON DESCRIBED AS FOLLOWS:» BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION
32, THENCE S88*16'46 E ALONG THE EAST-WEST CENTER OF SECTION LINE LO SAID SECTION 32 A DISTANCE
OF 2615.75 FEET TO THE CENTER OF SAID SECTION 32 WHICH BEARS N88*16'46 W 2613.91 FEET FROM THE
EAST QUARTER CORNER OF SAID SECTION 32; THENCE SO1 *48'06 W 666.05 FEET TO THE SOUTHWEST CORNER
OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID
SECTION 32; THENCE NO1 *48 06 E 20 FEET; THENCE S88*14'20 E PARALLEL WITH THE SOUTH LINE OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 32 A
DISTANCE OF 73.30 FEET; THENCE NO2*43'08 E 646.20 FEET TO THE EAST-WEST CENTER OF SECTION LINE OF
SAID SECTION 32 AT A POINT WHICH BEARS S88*16'46 E 83.65 FEET FROM THE CENTER OF SAID SECTION 32;
THENCE S02*43'08 W 250. 04 FEET TO THE TRUE POINT OF BEGINNING BEING A POINT ON A LINE WHICH IS
PARALLEL WITH AND 250 FEET SOUTH OF THE EAST-WEST CENTER OF SECTION LINE OF SAID SECTION 32 AS
MEASURED ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SAID SECTION 32; THENCE N88*16'46 W 62.91 FEET TO THE RIGHT OF WAY MARGIN
FOR COLINT'Y ROAD PROJECT 3502; THENCE S19*29'33 E ALONG SAID MARGIN 105.93 FEET; THENCE S88*16'46
E ALONG SAID MARGIN 22.86 FEET TO THE TRUE POINT OF BEGINNING. » PARCEL IIL• THE NORTH 250 FEET
1N WIDTH OF THE FOLLOWING: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN
KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 20 FEET NORTH OF THE
SOUTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER; THENCE EAST 73.30 FEET; THENCE NORTHERLY TO THE NORTH LINE OF SUBDNISION, TO A
POINT WHICH IS 83.646 FEET EAST OF THE NORTHWEST CORNER THEREOF; THENCE WEST ON THE NORTH
LINE TO THE NORTHWEST CORNER OF SAID SUBDIVISION; THENCE S1 *40'36 W 647.55 FEET, MORE OR LESS,
TO POINT OF BEGINNING; EXCEPT STATE HIGHWAY NO 21; AND EXCEPT THAT PORTION TO KITSAP COUNTY
FOR ROAD PER AF#8704220188; SUBJECT TO: EASEMENTS, CONDITIONS AND RESERVATIONS OF RECORD. »
PARCEL IV: W SFT OF FDP THE E 60FT OF FDP BEG 73.3 FT E& 20FT N OF SW COR OF NW1/4 NW 1/4 SE1/4 TH
RUN IN A NELY DIR TO N LN OF SD NW1/4 NW1/4 SE1/4 BEING 83.646FT E OF NW COR OF ABV DESC TR TH E �
ON N LN OF SD NW 1/4 NW 1/4 SE1/4 112.392FT TH S 647.78 FT TH W 122.6FT TO POB EXC PTN THOF TAKEN BY ST
OF WA FOR PUBLIC HWY EXC RDS & EXC TH PTN THOF IF ANY WHIN FDT TH PTN OF FDP LY NLY OF S/HWY
NO 21 THE E lAC OF W 4AC OF NW1/4 NW1/4 SE1/4 EXCEPT THAT PORTION TO KITSAP COUNTY FOR ROAD
PER AF#8704220188
Page 5 of 6
Outside Utility Agreement
CITY OF BREMERTON
DATED: BY: �
���� �� P nt, yor
DEPARTMENTAL APPROVAL:
� � .
Plu illiams, irector of Public Works and Utilities
APPROVED .
(
Roger u ovich, Bre on City Attorney
RECEIVED FOR FILING:
��/Z�h(�P � �t �i i ��� ��A
Carol Etgen, City C erk
1954791 _OUA_Ryan_4199_State_Hwy_3_or_3900_Sam_Christopherson.doc
. Page 4 of 6
Outside Utility Agreement
EX�IIBI'I' 66�99 CONTINUED
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Outside Utility Agreement ���������� ��f �� ����I���