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Home My WebLink About4017 STATE HIGHWAY 3 e Return Address City Clerk City of Bremerton 345 Sixth Street, Suite 600 Bremerton, WA 98337 BREMERTON CITY OF 201105030079 Agreement Rec Fee $ 66 00 05/03/2011 08 57 AM Page 1 of 5 �I Illilll 111111 1111111 lll�lll 1111!! K Go Auditor 11111 llill 1111111111 1111! 1111111111 ifll 1 AUDITOR/RECORDER'S INDEXING FORM Document Titles) 1 Outside Utilities Agreement Reference Number(s) of Documents assigned or released N/A Grantor(s) 1 Blue Collar Investments, LLC, Jim Haskins x0 Additional names on page 2 of document Grantee(s) 1 The City of Bremerton x� Additional names on page 4 of document Legal Description A portion of the SW '/4 of the NE '/4 in Sec 32, T24N R 1 E, W M K County, (abbreviated) Washington x� Additional legal is on page 5 of document Assessor's Property Tax Parcel /Account Number 4539- 000 - 001 -0001 Project Name Commercial Sewer Service 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 Invited 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 I utilities, 4 NOW, THEREFORE, the undersigned owner (hereinafter "Owner ") of real property located at 4017 State Highway 3, Bremerton, Kitsap County, Washington, (hereinafter "Property"), legally described as I I Page 1 of 5 Outside Utility Agreement 1 SEE ATTACHED EXHIBIT "A" and the City of Bremerton (hereinafter "City"), in consideration of the mutual covenants set forth herem 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 Department 2 Rates and Charges 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 Commercial Sewer Service 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 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 frmge 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 agrees that this Agreement and the promise made herem 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 m the office of the Kitsa Count Auditor �' P h' OWNER(S) DATED 3 Z �� By I STATE OF WASHINGTON ) Page 2 of 5 Outside Utility Agreement i i ss COUNTY OF KITSAP ) On this day, before me, the undersigned, a Notary Public in and for the State of Washington, personally appeared (LMf,S () �nS 1 hS to me known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that he /she /they signed the same as his/her /their free and voluntary act and deed, for the uses and purposes therein mentioned GIVEN under my hand and official seal this day of — 2011 ` ,��eeetee� o �� . !►N otary Public m and for the State of Washington, s � WTARY residing at 2 eA �C My appointment expires (2 y 21J 13 • ��eeeeeee�� Page 3 of 5 Outside Utility Agreement CITY OF BREMERTON DATED ' / BY 04>Z- Patty Lent, Mff DEPARTMENTAL APPROVAL Vincent Akhnme, Director of Public Works and Utilities Z ROVE O FORM ` r Lubov Bremerton City Attorney RECEIVED FOR FILING Carol Etgen, YityTlerK i I i Rbluecollar -gorstoua doc I I Page 4 of 5 Outside Utility Agreement EXHIBIT "A" GLADSHORE GARDEN TRACTS PARCEL I: THE WEST 76 FEET OF THE FOLLOWING DESCRIBED TRACT: ALL THAT PORTION OF LOTS 1 AND 9, GLADSHORE GARDEN TRACTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 5 OF PLATS, PAGE 36, KITSAP COUNTY, WASHINGTON, LYING NORTH AND WEST OF STATE HIGHWAY NO. 14; SITUATE IN KITSAP COUNTY, WASHINGTON. >>> PARCEL II: THAT PORTION OF TRACT 1 GLADSHORE GARDEN TRACTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 5 OF PLATS, PAGE 36, KITSAP COUNTY, LYING NORTHWESTERLY OF STATE HIGHWAY NO. 21; EXCEPT THE WEST 76 FEET THEREOF; AND EXCEPT THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH BOUNDARY OF THE SOUTHEAST QUARTER OF SAID SECTION 32, SAID POINT BEING SOUTH 88 *25'22 EAST 956.61 FEET FROM THE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE CONTINUING SOUTH 88 *25'22 EAST 50 FEET; THENCE SOUTH 1 *43'00 WEST 19.18 FEET TO A POINT ON THE NORTH MARGIN OF STATE HIGHWAY NO. 21, SAID POINT BEING ON A 3 *00; CURVE AND HAVING A CENTERLINE RADIUS OF 1910.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC ON THE NORTH MARGIN OF SAID CURVE 59.00 FEET TO A POINT WHICH BEARS SOUTH 1 *43'00 WEST FROM THE POINT OF BEGINNING; THENCE NORTH 1 *43'00 EAST TO THE POINT OF BEGINNING; AND EXCEPT THAT PORTION THEREOF LYING WITHIN THE EAST 300 FEET OF SAID TRACT 1; SITUATE IN KITSAP COUNTY, WASHINGTON. >>> PARCEL III: A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, OF SECTION 32, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, AND A PORTION OF TRACT 1, GLADSHORE GARDEN TRACTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 5 OF PLATS, PAGE 36, KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS THE CENTER OF SAID SECTION 32; THENCE SOUTH 88 *25 EAST 736.10 FEET; THENCE CONTINUING SOUTH 88 *25 EAST 75.04 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 88 *25 EAST 145.47 FEET; THENCE SOUTH 1 *40'36 WEST TO THE NORTH MARGIN OF STATE HIGHWAY SR 3; THENCE NORTHEASTERLY ALONG SAID NORTH MARGIN 59 FEET; THENCE NORTH 1 *40 EAST 69 FEET; THENCE NORTH 88 *25'22 WEST 195.51 FEET; THENCE SOUTH 1 *40'36 WEST 50 FEET TO THE POINT OF BEGINNING; EXCEPT ANY PORTION THEREOF WHICH LIES EASTERLY OF THE NORTHERLY EXTENSION OF THE WEST LINE OF TRACT 2, GLADSHORE GARDEN TRACTS; SITUATE IN KITSAP COUNTY, WASHINGTON. Page 5 of 5 Outside Utility Agreement