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HomeMy WebLinkAboutSINCLAIR VIEW INC (1)Name and Full Address I ► 6 rJ ? �, +� ( t M IC-- Sg Nc LAIR e VIEW $ ;1 001106300209 Page 1 of 10 PM k � - lG Walter2Washin90tOl I Kitsap Co Auditor r�- VU `� g �' 11lllll{ 111111 III 1111111111111111 Illl {111111111 VIII 111111111111111 VIII11111111 {I INI INI Please print neatly or type information. The Auditor /Recorder will rely on the information provided on the farm. The staff wilt not read the document to verify the accuracy or completeness of the indexing information provided herein. Document Title(s): T i L T TO Additional reference #'s on page: Reference Number(s) of related documents: G rantor(s): V1 cW 1 l / Additional Grantors on Paae: Grantee(s): Additional Grantee on Page: Legal Description (abbreviated form: i.e. Plat name, lot, block, section, township, range, quarter /quarter). 1 l�, P )101 -r r+- ,-1 �-\ o Assessor's Property Tax Parcel /Account Number: 1, , am requesting an emergency nonstandard recording for an additional fee of $50.00 as provided in RCW 36.18.010. 1 understand that the recording processing requirements may cover up or otherwise obscure some part of the text of the original document. Signature: AGREEMENT TO RELINQUISH RIGHT TO REIMBURSMENT This Agreement is entered into on the date fully executed below by and between the CITY OF BREMERTON C "City"), SINCLAIR VIEW, INC. ( "Sinclair ") and NATHAN'S GLEN, INC. ( "Nathan's Glen ") relating to Reimbursement Agreements. WHEREAS, Reimbursement agreements for the construction of public water and sewer main extensions were entered into by Sinclair and the City to allow Sinclair to be reimbursed on a pro rata basis for their costs in the public water and public sewer main extensions, said agreements recorded under Auditor File Numbers 201103310163 and 201103310162 ( "Reimbursement Agreements ") attached hereto as Exhibit "A'; and WHEREAS, Sinclair, as the owner of certain lots in the Plat of Sherman Heights identified in the Reimbursement Agreements ( "Property "), installed, at its own expense, public water and sewer mains per requirements as a condition of water and sewer service to said Property; and WHEREAS, Sinclair works with Nathan's Glen to develop the Property and as a consequence, Nathan's Glen obtained ownership of certain lots within the Property from Sinclair; and WHEREAS, As owners of said Property, Sinclair and Nathan's Glen request that its property not be subject to reimbursement; NOW, THERFORE, the parties agree as follows: Any of the Property owned by Sinclair View, Inc. or Nathan's Glen, Inc. at the time of issuance of a Utility Service Agreement by the City shall not be subject to reimbursement pursuant to the terms of said Reimbursement Agreements and Sinclair View, Inc. and Nathan's Glen, Inc. hereby relinquishes any and all right to said reimbursement. CITY OF BREMERTON, SINCLAIR VIEW, INC. DEPARTMENT OF PU C W RKS & UTILITIES BY: �(./ _ 4 r BY: Vine irector John W. J s n, Pres DATED: 4 —3 0 —,2 a 1 ( DA NAT 'S G , INC. BY. Jo n W. o on P dent r DA APPROVED AS TO FORM: RECEIVED FOR FILING: - f i Ro er Lubovich, City Attorney Carol Et 1, ity Clerk R: \Lcgal\LegaiNContractslPUl31,IC wORKS1Re =rsement Agreement.docx f Filed for Record at Request of BREMERTON CITY OF 201103310162 Agreement Rec Fee $ 65 00 When Recorded Return to 03/31/2011 02 57 PM Page 1 of 4 Walter Washington, Kitsap Co Auditor Name Ci1y Clerk 111111111 IN Address 345 Street suite 600 � 1111111111161 ��� IIII 1111111111111 IIII ���� IIIII IIIII 1111111 III 11116 IIIII �J Bremerton, WA 98337 Document Title* Reunbursement Agreement for Extended Sewer Mams Project Name: Plat of Sherman Heights Developer Name: Sinclair View Inc John Johnson President Location: Sherman Heights Krtsap County Tax Parcel # 4640- 002 - 001 -0201 Additional Parcel # on sheet 4 Abbreviated Legal Located in Government Lot 5 in the SE '/, of the SW quarter of Section 28, Township 24 Description: N, R 1 E, W M Krtsap County, Washington REIMBURSEMENT AGREEMENT FOR EXTENDED SEWER MAINS The undersigned, owner of the following described real property, LEGAL DESCRIPTION: See Exhibit "A" Has applied to the City of Bremerton Municipal Utilities, for sewer service for said property and has extended a sewer main as a condition of that service In consideration of the furnishing of such service by the City of Bremerton Municipal Utilities, the undersigned owner of property, Sinclair View Inc. 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 01090, it is hereby agreed that the Owner has constructed a sewer main extension in accordance with the specifications of the Utility to provide sewer service to the above described real property The owner has dedicated said sewer main extension to the Utility The Utility agrees to accept responsibility for operation and maintenance of said sewer main Page 1 of 4 Sinclair -Sewer 2 The total cost of said sewer main extension shall be at the expense of the Owner In consideration, the Utility hereby 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 sewer 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 $209,067.00 for main construction for this section of main Said front footage fees shall be assessed at $ 3,667.84 per lot in accordance with the fee schedule set under the Bremerton Municipal Code LOCATION: The properties subject to reimbursement are described as follows Shown on Exhibit "B ", 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 S-e w elf- 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) days of receipt of payment of front footage fees from each applicant that connects to said 5,CA,,1Re - main extension Name Address Address DATE of DEDICATION DATED ,2 BY ame) (tle) 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 :J W Ja Ahss -7 , to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned Page 2 of 4 Sinclair -Sewer I , 7 GIVEN under my hand and official seal this day of f4 _ ' 2011 MICHAEL 'eA LINDA Y PUBLIC Notary Public in and for the State of Washington, NOTAU Residing at Aoubl STN,i E Or whsH` =% My appointment expires % % lY CSEPTEMb ft 9 2014 CITY OF BREMERTON DATED BY Party ent ayor STATE OF WASHINGTON ) ss COUNTY OF KITSAP ) On this day personally appeared before me Patty Lent, 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 mstrument on behalf of said corporation GIVEN unde O s — 1 seal thi day of \� `O.CCV \ , 2011 �P • \ON EXp/ ° • � C \;� 0 1 Ry 0 E ;• P - �G a o lic in and for the State of Washington ° '� �� residing at „s •, s.15- • .•,C� g W� My appointment expires DEPARTMENTAL APPROVAL Vincent Afikiffiie, Director of Public Works and Utilities AS TO FORM RECEIVED FOR FILING Roger Lubovich, City Attorne Carol V ren, City Cle Page 3 of 4 Sinclair -Sewer EXHIBIT "A" This plat of Sherman Heights comprises all of Government Lot 5 in Section 28, Township 24 North, range 1 East, W M , except a strip of land 200 feet wide lying along the east line thereof and lying between the present County Road and the State Highway as now located Tax number: See attached list LOTS TO BE INCLUDED IN THE SEWER REIMBURSMENT AGGREEMENT 4640- 002 - 001 -0201, 4640- 002 - 002 -0101, 4640- 002 - 009 -0104 4640- 002 - 009 -0203, 4640- 002 - 009 -0302, 4640- 002 - 010 -0101 4640- 002 - 010 -0200, 4640- 002 -011 -0100, 4640- 002 - 012 -0109 4640- 002 -012 -0208, 4640- 002 - 013 -0108, 4640- 002 - 013 -0207 4640- 002 - 014 -0107, 4640- 002 -014 -0206, 4640- 003 - 001 -0100 4640- 003 - 001 -0209, 4640- 003 - 002 -0109, 4640- 003 - 002 -0208 4640- 003 - 003 -0108, 4640- 003 - 004 -0107, 4640- 003 - 005 -0106 4640- 003 - 006 -0105, 4640- 003 - 007 -0104, 4640- 003 - 008 -0103 4640- 003 - 009 -0102, 4640- 003 - 011 -0108, 4640- 003 - 012 -0107 4640- 003 - 013 -0106, 4640- 003 - 014 -0105, 4640- 003 - 015 -0104 4640- 003 -016 -0202, 4640- 003 - 016 -0103, 4640- 007 - 001 -0002 4646- 003 - 017 -0102, 4640- 003 - 018 -0101, 4640- 003 - 020 -0107 4640- 004 -001 -0108, 4640- 004 - 005 -0104, 4640- 004 - 006 -0103 4640- 004 - 006 -0202, 4640- 004 - 007 -0102, 4640- 004 - 008 -0101 4640- 004 - 008 -0200, 4640- 004 - 009 -0100, 4640- 004 - 010 -0107 4640- 004 - 011 -0106, 4640- 004 - 011 -0205, 4640- 004 -012 -0105 4640- 004 -013 -0203, 4640- 004 -014 -0202, 4640- 004 - 015 -0201 4640- 004 - 016 -0200, 4640- 004 -017 -0308, 4640- 004 - 017 -0407 4640- 004 - 026 -0109, 4640- 004 - 027 -0009, 4640- 004 - 028 -0008 Page 4 of 4 Sinclair -Sewer