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HomeMy WebLinkAboutSHERMAN HEIGHTS � � Return Address: Cny Clerk C'it� ��f 8renie��tc�n ±-�� �i�ct{� �+trGet, �uite bt)Ct E3r�iljerton. 1�'r1 9$3 =7 � BREMERTON CITY OF 201011240283 � Rgreement Rec Fee: $ 66 00 page 1 of 5 � � 11/24/2010 11 39 RM . I Walter Washinston, Kitsap Co Ruditor � I IIIII�� IIII�I I�I �III �IIIIII II�III IIII IIII IIIII IIIII IIII�II III IIIfI �IIII II�II I�II I��) / AUDITOR/RECORDER'S INDEXING F�RM Document Titlets): 1. C)utside lltifiTi�S A�rc�ment Reference humber{s) of Documents assigned or released: �;r� Grarrtorys): l. I>iana� C-'rncrpri�cs I.I,C x. Additiunal names �n pa�� ' uf document. Grantee(s}: l �'�y� �`in uf E3rei��rrtan x Adclitit�r7al namcs on F��t;.;c > of �lc,ctim:�nt. Legal Description: ,� E��71yic>n c>i`t;ovcrnmcnt I.c>t 3. Scctiari ,�. `l�o�vnsliip 2-1'`�. R��ng� I C. 41'.M. ��hh�•eviatetl} x' ,1eldition<rf le,?al is e�n paz�e ;-A ol'dc�eliment Assessor's Property Tax ParceUAc N umbar, 3??at11-=�-O�)1-'OU 1 Project Name: Camm6fci31 SeWL'r sLrvices. ()(1TSITDE UTiLITIES ACREFME:�T VVtlE32F,AS the f3rernertoii 19unicipal Cnc(c icyuir�s properq- otstsitle th� �ity bpu+tdari�� ro su}��ac�rt anr�exatit��n to the �'it}� oi�43�emertun as a e��r�ciitiun fur � C'ity uulitiea tT�MC` 1^+.i):?.04(? and 15.t1a.0�t)}: anci V1'HFT2FA!ti the t'iri i�f Bremerron has a primaiti obli��atian to its citi�ens tu allacate limit�d service res�>urcc� f�x• ��dequat� s�ro���th a3�d d�Lelopment �aithin the City: and WHF.RTAti the uncl�r�i�.�r�eci, a5 o�vner e�t�a ��arcel autside thc C'ity of t3i•�•mertai�, I�as m�ide applii:atic�n !'or citti utilitiea; N()W, TNERCF(Jr(2E, th� undcrsi�.ned own�r {hereinaficr "(�wncr") c�t rcal propert� lacs�te<! in Sherrnan Hei�hts. 6remerton, Kitsap C�unt} 1�'tishingtnn. f 17erein��#ter "Nreipei�y' legally de>cribed �s• P��� � ot�►5 ' � SEE ATTACHED EXHIBIT "A" and the City of Bremerton (hereinafter "Ciry"), 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 Availabiliry from the Bremerton Utilities Department. � 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. Utility Improvements. Sewer service for commercial building 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 annexation of the Property as part of any Norice 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 properry 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 agrees that this Ageement 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. OWNER(S): DATED: / � � � ' � BY: Owne b /-�n/ I/�oN t�-S � Page 2 ofplS � \ , STATE OF WASHINGTON ) . ss. COUNTY OF KITSAP ) On this day, before me, the undersigned, a Notary Public in and for the State of Washington, personally appeared C�G,h'�7-d�n� , to me known to be the individual(k} described in and who executed the within and foregoing instrument, and aclrnowledged that he/�ke(t�ey signed the same as his/�th�r free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this ( 3 day of ��►- �au�- , 2010 ����iii���� ����' �, c���y�- _ ,1,' oN " _ � „ • • E►'A :� � . � ��;� a pTARY `�':� ; , o ; m: � : v . ; � . `V :, Pug�.,\� ; �� otary Public in and for the State of Washington, � N J ► ,�� , d'� , 2�•`�.b••';C1;�1� ,, residing at: �IQpi'f� �r��Q , ••......•� � ��' W�$� My appointment expires: p�.5—i 3 .aiNN THAT PORTION OF GOVERNMENT LOT 2, SECTION 32, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS SOUTH 88*25'22" EAST 326.73 FEET FROM THE NORTHWEST CORNER OF SAID GOVERNMENT 2, SAID SECTION 32; THENCE SOUTH 88*25'22" EAST 144.95 FEET, MORE OR LESS, TO THE GOVERNMENT MEANDER LINE; THENCE ALONG SAID MEANDER LINE SOUTH 30* WEST 131.92 FEET; THENCE CONTINUING NORTH 75* EAST ALONG SAID MEANDER LINE 406.24 FEET TO A POINT ON THE GOVERNMENT MEANDER LINE WHICH IS NORTH 27* WEST 66 FEET AND NORTH 86* WEST 246.84 FEET AND SOUTH 75* WEST 240.48 FEET FROM THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 2; THENCE SOUTH 02*16'00" WEST 799.43 FEET TO THE NORTHERLY LINE OF PRIMARY STATE HIGHWAY N0.14; THENCE ALONG SAID NORTHERLY LINE NORTH 75*06'00" WEST 313.56 FEET TO A 586.62 FOOT RADIUS CURVE TO THE NORTHWEST; THENCE ALONG SAID CURVE AN ARC LENGTH OF 169.07; THENCE NORTH Ol *34'32" EAST 665.57 FEET TO THE POINT OF BEGINNING; EXCEPT THE EAST 80 FEET THEREOF; EXCEPT THE FOLLOWING DESCRIBED PROPERTY: THAT PORTION OF GOVERNMENT LOT 2, SECTION 32, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID Page 3 of�d'$ ' � � GOVERNMENT LOT 2; THENCE SOUTH 88*25'22" EAST ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 2, A DISTANCE OF 326.73 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID LINE SOUTH 88*25'22" EAST 125.07 FEET TO BALANCED GOVERNMENT MEANDER LINE OF SAID SECTION 32; THENCE SOUTH 32*08?03? WEST ALONG SAID MEANDER LINE 98.96 FEET TO ANGLE POINT OF SAID MEANDER LINE; THENCE LEAVING SAID MEANDER LINE AND PROCEED SOUTH 77*08'03" WEST 77.20 FEET; THENCE NORTH Ol*34'32" EAST 104.47 FEET TO THE POINT OF BEGINNING; AND EXCEPT THAT PORTION OF ABOVE DESCRIBED PROPERTY, IF ANY, WHICH LIES WITHIN VACATED STATE OYSTER RESERVE, PLAT NO. 87, CONVEYED TO THE CITY OF BREMERTON BY DEED DATED SEPTEMBER 22, 1947, AND BEARING THE AUDITOR? S FILE NO. 456049, RECORDS OF KITSAP COUNTY, WASHINGTON. Page 4 of�5 � , : • CITY OF BREMERTON - DATED: �� � � z / � BY: � Patty Lent, Ma DEPARTMENTAL APPROVAL: ..�. ----- Vincent Akhimie, � Director of Public Works and Utilities APPROVED ORM: � Rog ovich, remerton City Attorney RECEIVED FOR FILING: Carol Etgen, ty lerk �peninsula subaru oua.doc Page 5 of� /