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Home My WebLink AboutSHERMAN HEIGHTS (8) a • a Return Address City Clerk City of Bremerton 345 Sixth Street, Suite 600 Bremerton, WA 98337 CITY OF BREMERTON 201108230129 Agreement Rec Fee $ 67 00 08123/2011 11 52 AM Page 1 of 6 Walter Washington, Kitsap Co Auditor �j -- AUDITOR/RECORDER'S INDEXING FORM Document Title(s) 1 Outside Utilities Agreement Reference Number(s) of Documents assigned or released N/A Grantor(s) 1 Herico Incoy x❑ Additional names on page 3 of document Grantee(s) 1 The City of Bremerton x0 Additional names on page 4 of document Legal Description A Portion of the SE '/4 of the SW ' /4 of Section 28, Township 24N, Range 1E, W M (abbreviated) Kitsap County, Washington x� Additional legal is on page 5 of document Assessor's Property Tax Parcel /Account Number 4640 - 004 - 017 -0407 Project Name Single family water and 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 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 in Sherman Heights, Bremerton, Kitsap County, Washington, (hereinafter "Property"), legally described as Page 1 of 6 SEE ATTACHED EXHIBIT "A" and the City of Bremerton (hereinafter "City"), in consideration of the mutual covenants set forth herein including the furmshing 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 Water and Sewer service for 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 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 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 agrees 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 Krtsap County Auditor Page 2 of 6 OWNER(S) DATED 22 20 I' BY Owner BY 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 P (/ , to me known to be the individual(s) described in and who executed thd 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 tlus r. day of 2011 MARILYN D FERCUSSON (NOTARY PUBLIC STATE OF 11ASyINGTON s COMMISSION EXPIRES Notary Public and for the State Washington, NOVEMBER 19 2012 residing at My appointment expires Maniyn D Fergusson Page 3 of 6 CITY OF BREMERTON DATED ' f I BY Patty Lent, M DEPARTMENTAL APPROVAL Director o blic Works and Utilities APPROVED-AS TO FORM v WLubojh, eme rton City Attorney RECEIVED FOR FILING Carol Etge City Clerk Page 4 of 6 RESULTANT PARCEL 18 OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO. 200912240019, RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THAT PORTION OF BLOCK 4, PLAT OF SHERMAN HEIGHTS, AS RECORDED IN VOLUME 6 OF PLATS, PAGE 36, RECORDS OF KITSAP COUNTY, WASHINGTON, BEING A PORTION OF GOVERNMENT LOT 5, SECTION 28, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 28; THENCE SOUTH 89 *13 EAST ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 28 A DISTANCE OF 1323.09 FEET TO THE SOUTHWEST CORNER OF SAID GOVERNMENT LOTS, AS SHOWN ON SUBDIVISION OF SAID SECTION 28 BY KITSAP COUNTY DEPARTMENT OF PUBLIC WORKS, DATED AUGUST 1,1994; THENCE NORTH 0 *29'45" EAST ALONG THE WEST LINE THEREOF A DISTANCE OF 1319.16 FEET TO THE NORTHWEST CORNER OF SAID GOVERNMENT LOT 5; THENCE SOUTH 89 *00'59" EAST ALONG THE NORTH LINE THEREOF A DISTANCE OF 1308.30 FEET TO THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 5; THENCE SOUTH 0 *53'58" WEST ALONG THE EAST LINE THEREOF A DISTANCE OF 503.64 FEET TO THE NORTH LINE OF LOT 36, BLOCK 4 OF SAID PLAT; THENCE SOUTH 69 *01'28" WEST 415.66 FEET TO THE NORTHEASTERLY CORNER OF LOT 30, BLOCK 4 OF SAID PLAT; THENCE SOUTH 74 *16'28" WEST 350.00 FEET TO THE NORTHEASTERLY CORNER OF LOT 25, BLOCK 4 OF SAID PLAT; THENCE SOUTH 71 *15'38" WEST ALONG THE NORTH LINE OF LOTS 23,24 AND 25, BLOCK 4 OF SAID PLAT A DISTANCE OF 169.88 FEET; THENCE NORTH 16 *43'32" WEST 23.01 FEET; THENCE SOUTH 71 *15'38" WEST 110.12 FEET; THENCE SOUTH 16 *43'32" EAST 23.02 FEET TO THE NORTHEAST CORNER OF LOT 21, BLOCK 4 OF SAID PLAT; THENCE SOUTH 1 71 *15'38" WEST 55.62 FEET TO THE NORTHWEST CORNER OF SAID LOT 21 BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 85 *03 WEST 65.00 FEET; THENCE NORTH 82 *07 WEST 57.69 FEET; THENCE SOUTH 33 *55'32" WEST 93.25 FEET TO THE NORTHEASTERLY RIGHT -OF -WAY MARGIN OF SHERMAN BOULEVARD BEING A POINT ON A CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 258.24 FEET FROM WHICH THE RADIUS POINT OF SAID CURVE BEARS NORTH 33 *23'54" EAST; THENCE NORTHWESTERLY (CLOCKWISE) ALONG SAID RIGHT -OF -WAY MARGIN AND ALONG SAID CURVE AN ARC DISTANCE OF 39.37 FEET THROUGH A CENTRAL ANGLE OF 8 *44'04" TO THE BEGINNING OF A COMPOUND CURVE TO THE RIGHT HAVING A RADIUS OF 40.37 FEET; THENCE ALONG SAID RIGHT -OF- WAY MARGIN AND ALONG SAID CURVE AN ARC DISTANCE OF 34.17 FEET THROUGH A CENTRAL ANGLE OF 48 *29'34 "; THENCE NORTH 0 *37 EAST ALONG SAID RIGHT -OF -WAY MARGIN A DISTANCE OF 10.07 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 52.13 FEET; THENCE ALONG SAID RIGHT -OF -WAY MARGIN AND ALONG SAID CURVE AN ARC DISTANCE OF 73.76 FEET THROUGH A CENTRAL ANGLE OF 81 *04'16" TO Page 5 of 6 .. THE BEGINNING OF A REVERSE CURVE TO THE LEFT HAVING RADIUS OF 301.67 FEET; THENCE ALONG SAID RIGHT -OF -WAY MARGIN AND ALONG SAID CURVE AN ARC DISTANCE OF 157.40 FEET THROUGH A CENTRAL ANGLE OF 29 *53'44 "; THENCE SOUTH 16 *43'32" EAST 106.42 FEET TO THE TRUE POINT OF BEGINNING. 24640 -004- 017 -0407 oua doc Page 6 of 6