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HomeMy WebLinkAbout3016 W STATE HWY 16 Return Address: City Clerk City of Bremerton 345 Sixth Street, Suite 600 Bremerton, WA 98337 ,-- ---_ j BREMERTON CITY OF 201008110190 �' I pereement Rec Fee $ 67.00 � 08/11/2010 02:02 PM Page• 1 of 6 I Walter Washington, Kitsap Co qudttor i 1 � � IIIIII� I IIII I III IIII IIII I II�I IIII I IIIII I II IIIII I IIIII I�II IIII -- � AUDITOR/RECORDER'S INDEXING FORM Document Title(s): l. Outside Uriliries Agreement , Reference Number(s) of Documents assigned or released: N/A . Grantor(s): 1. Scott Holloway 0 Addirional names on page 3 of document. Grantee(s): 1. The City of Bremerton x❑ Additional names on page 4 of document. Legal Description: A portion of the NE '/4 of the SE '/4 in Sec. 32, T24N R 1 E., W.M. Kitsap County, (abbreviated) Washington. x0 Additional legal is on page 5,6 of document. Assessor's Property Tax Parcel/Account Number: 322401-4-002-2009 Pro�ect Name: Gorst Sewerage System Project OUTSIDE UTILITIES AGREEMENT WHEREAS the Bremerton Municipal Code requires properiy outside the city boundaries to support annexation to the City of Bremerton as a condition for receiving City urilities (BMC 15.02.040 and 15.03.040); and WHEREAS the City of Bremerton has a primary obligarion to its citizens to allocate limited service resources for adequate growth 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 3016 W. State Hwy 16, Bremerton, Kitsap County, Washington, (hereinafter "Property"), legally described as: � SEE ATTACHED EXHIBIT "A" Page 1 of 6 Outside Utility Agreement , f - • 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 urility 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 Uriliries Department. . 2. Rates and Charses. 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. Urility Irnprovements. Sewer service for a single family residence. 5. Annexation. Owner, by signing below, grants to the City of Bremerton a Limited Power of Attorney to include this Agreement as Owner's consent to the annexarion of the Property as part of any Norice of Intent or Petition for Annexarion presented to the City of Bremerton. The annexarion peririon supported by this Power may include proportional assumprion of the City indebtedness by the azea 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 Attomey is nonrevocable. 6. Enforcement. Violation of this Agreement may result in the immediate terminarion of utility services to the above-described property as well as other remedies provided by law. 7. Covenants. The undersigned further agrees that this Agreement and the promise made herein consritute 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 Counry Auditor. Page 2 of 6 Outside Utility Agreement � I OWNER: � � I �Id DATED: � BY: � Scott A. Holloway STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) On this � day of . , 2010, before me a Notary Public in and for the State of Washington, personally ppeared Scott A. Holloway, 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 Within Thrs Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and ����r, first above written. �,����``��'�d O C,; , :°� e EX� `'` � w ��� Q�� ':� � Z: p��.� V.-.`• �, Notary Publ' in d for e Stat of Washington, � �•.`' � ��' ry �=z; residing at• r(�Q ' S � ��`5�:� My appointment expires: ' 'i/' �����iij�` S: T� T E OF� �i�trr�; � � t t i � � n���� � � � � Page 3 of 6 Outside Utility Agreement i CITY OF BREMERTON DATED: O(/Iv BY� atty Lent ayor DEPARTMENTAL APPROVAL: C• Director of Public Works and Utilities APPROVED A RM: � Roger ovich, Br erton City Attorney i RECEIVED FOR FILING: � - - Carol Etge , City Clerk , 1168822_OUA_Holloway_3016 W_State_Hwy _16.doc Page 4 of 6 Outside Utility Agreement EXHIBIT "A" LEGAL DESCRIPTION A PORTION OF SECTION 32, TOWNSHIP 24 N., RANGE 1 E.; WIL,LAMETTE MERIDIAN TAX ASSESSOR'S ACCOUNT NUMBER RP ID ADDRESS 322401-4-002-2009 1168822 3016 W. State Hwy 16 PARCEL I: THAT PORTION OF GOVERNMENT LOT 2, SECTION 32, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 2, WHICH IS ALSO THE EAST ONE-QUAR'TER CORNER OF SAID SECTION 32 AND BEARS NORTH 1*OS'07" EAST 2670.62 FEET FROM THE SOUTHEAST CORNER OF SAID SECTION 32; THENCE NORTH 26*59'38" WEST 66.00 FEET; THENCE NORTH 85*59'38" WEST 99.92 FEET; THENCE SOUTH 1*50'38" WEST 918.26 FEET, MORE OR LESS, TO THE NORTH MARGIlV OF STATE HIGHWAY SR. 16 (STATE ROAD NO. 15); THENCE FOLLOWIlVG SAID STATE HIGHWAY SR 16 SOUTHEASTERLY ALONG A 2*30' CURVE TO THE EAST MARGIN LINE OF SAID GOVERNMENT LOT 2; THENCE NORTH ALONG THE EAST MARGIN OF SAID GOVERNMENT LOT 2 TO THE POIN'T OF BEGINNING; EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST LINE OF SAID GOVERNMENT LOT 2 AND THE NORTH MARGIN OF STATE HIGHWAY SR 16; THENCE NORTH ALONG THE SAID EAST LINE THEREOF 400 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH ALONG SAID EAST LINE OF SAID GOVERNMENT LOT 2 TO THE NORTHEAST CORNER THEREOF, BEING THE SOUTHERLY MEANDER CORNER BETWEEN SECTIONS 32 AND 33, SAID TOWNSHIP AND RANGE; THENCE ALONG THE MEANDER LINE OF SAID GOVERNMENT LOT 2, NORTH 26*59'38" WEST 66.00 FEET; THENCE NORTH 85*59'38" WEST 99.92 FEET; THENCE LEAVING SAID MEANDER LINE RUNNING SOUTH 1*50'38" WEST TO A POINT DUE WEST OF THE TRUE POINT OF BEGINNING; THENCE EAST TO THE TRUE POINT OF BEGINNING; AND EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 2, WHICH IS ALSO THE EAST ONE- QUARTER CORNER OF SAID SECTION 32 AND BEARS NORTH 1*OS'07" EAST 2670.62 FEET FROM THE SOUTHEAST CORNER OF SAID SECTION 32; THENCE SOUTH 1*OS'07" WEST ALONG THE EAST LINE OF SAID GOVERNMENT LOT 2 A DISTANCE OF 718.74 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 88*54'S3" WEST 130.86 FEET; THENCE SOUTH 1*50'38" WEST 136.62 FEET, MORE OR LESS, TO A POINT ON THE NORTH MARGIN OF STATE ROAD NUMBER 16; THENCE EASTERLY ALONG SAID MARGIN 130 FEET, MORE OR LESS TO THE EAST MARGIN OF SAID GOVERNMENT LOT 2; THENCE NORTH 1*OS'07" EAST 139.38 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING. PARCEL II: THAT PORTION OF GOVERNMENT LOT 2, SECTION 32, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: A TRACT OF LAND 11.00 FEET IN WIDTH AND BEING 5.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 2, WHICH IS ALSO THE EAST ONE-QUARTER CORNER OF SAID SECTION 32 AND BEARS NORTH 1*OS'07" EAST 2670.62 FEET FROM THE SOUTHEAST CORNER OF SAID SECTION 32; THENCE SOUTH 1*OS'07" WEST ALONG THE EAST LINE OF SAID GOVERNMENT LOT 2 A DISTANCE OF 718.74 FEET; THENCE NORTH 88*54'S3" WEST 62.16 FEET TO THE POINT OF BEGINNING OF SAID LINE; THENCE SOUTH 1*OS'07" WEST 139.0 FEET, MORE OR LESS, TO A POINT ON THE NORTH MARGIN OF STATE HIGHWAY SR 16 AND THE TERMINUS OF SAID LINE. Page 5 of 6 Outside Utility Agreement . EXHIBIT "A" continued . 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