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HomeMy WebLinkAboutNAVY CITY METALS Return Address City Clerk City of Bremerton 345 Sixth Street, Suite 600 Bremerton, WA 98337 BREMERTON CITY OF 202207300080 Agreement Rec Fee $ 67 ©© 07 /30/2012 09 31 AM Walter Wash ington, Kitsap Co Auditor 11111111111111111 Jill Jill, 111111111111111111111 IIII VIII IIII IIII Page , of 6 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 Darrm London Additional names on page of document Grantee(s) ) The City of Bremerton Ej Additional names on page of document Legal Description A PORTION OF GOVERNMENT LOT 1, SECTION 32, TOWNSHIP 24 NORTH, RANGE 1 (abbreviated) EAST, W M, IN KITSAP COUNTY, WASHINGTON E Additional legal is on page 5-6 of document Assessor's Property Tax Parcel /Account Number 322401-1-127-2005 Project Name Navy City Metals OUTSIDE UTILITIES AGREEMENT i l � 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, Bremerton, Krtsap County, Washington, (hereinafter "Property"), legally described as SEE ATTACHED EXHIBIT "A" 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 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 service for Residential water service connections One connection for each lot listed in exhibit "A" 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 hens, successors, and assigns, and that this Agreement shall be filed for record in the office of the Krtsap County Auditor OWNERS) DATED Z 2_ BY Owner BY STATE OF WASHINGTON ) ss COUNTY OF KITSAP ) th is day_be fore e, the unders� ed, a Notary Public in and for the State of WasFdon gton, personally appeared me w to be the mdrvidual(s descn e in and who executed the within and foregoing instrument, and aclrnowledg 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 _tL day of 2012 EMERY o NN 011k F� ., � ("i C p UB�� h0 Notary Public m an for the State f Washington, ��qTF �F2WPS residing at My appointment expires CITY OF BREMERTON DATED 7 - 1' — V BY 4VO�-g Patty 71or DEPARTMENTAL APPROVAL 22�= Chal Martin, Director of Public W rks and Utilities APPROVED AS TO FORM Ro r Lubovich, Bremerton City Attome RECEIVED FOR FILING &—Lo� . - Shannon Conn, City Clerk EXHIBIT "A" DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST BOUNDARY OF BOND PROJECT NO.8 WHICH POINT IS 100 FEET SOUTHWESTERLY FROM THE INTERSECTION OF THE SOUTH MARGIN OF NAVY YARD HIGHWAY AND THE WEST MARGIN OF BOND PROJECT NO. 8; THENCE SOUTHWESTERLY ALONG THE WEST MARGIN OF BOND PROJECT NO. 8,154 FEET, MORE OR LESS, TO THE NORTH MARGIN OF NEW STATE HIGHWAY NO. 14; THENCE SOUTHWESTERLY ALONG THE NORTH MARGIN OF STATE HIGHWAY NO. 14, 169 FEET, MORE OR LESS, TO THE SOUTHWEST CORNER OF A TRACT OF LAND CONVEYED TO JULIUS BLATTE BY DEED RECORDED UNDER AUDITOR'S FILE NO. 896572; THENCE N1 *08'E ALONG THE WEST LINE OF SAID TRACT, 300 FEET, MORE OR LESS, TO THE SOUTH MARGIN OF NAVY YARD HIGHWAY; THENCE NORTHEASTERLY ALONG THE SOUTH MARGIN OF SAID HIGHWAY 131.95 FEET; THENCE S41 *19'E 100.9 FEET TO THE POINT OF BEGINNING.» »PARCEL 2: THAT PORTION OF GOVERNMENT LOT 1 AND THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS NORTH 80.51 FEET AND EAST 1182.17 FEET FROM THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION, SAID POINT BEING ON THE NORTHERLY MARGIN OF STATE ROAD NO. 14; THENCE RUNNING ALONG SAID MARGIN OF ROAD N51 *41'00 E 254.29 FEET TO THE SOUTHEAST CORNER OF TRACT OF LAND CONVEYED TO F.W. STEINHART BY DEED RECORDED UNDER AUDITOR'S FILE NO. 279453" RECORDS OF SAID COUNTY, FOR THE TRUE POINT OF BEGINNING; THENCE N1 *40'36 E ALONG THE EAST LINE OF SAID STEINHART TRACT, 30.05 FEET TO THE NORTHEAST CORNER THEREOF; THENCE N78 *14'52 W ALONG THE NORTH LINE OF SAID TRACT 116.85 FEET TO THE NORTHWEST CORNER OF SAID TRACT; THENCE N1 *40'36 E 27.22 FEET TO A POINT 320 FEET S1*40'36 W OF THE SOUTH LINE OF STATE ROAD NO. 21 NOW KNOWN AS NAVY YARD HIGHWAY; THENCE NORTHEASTERLY 288.76 FEET, MORE OR LESS, TO A POINT ON THE EAST LINE OF TRACT SOLD ON CONTRACT TO JACK J. HARRIS BY CONTRACT RECORDED UNDER AUDITOR'S FILE NO. 288344, RECORDS OF SAID COUNTY, WHICH POINT IS 196 FEET S1*08'00 W ALONG SAID EAST LINE FROM THE SOUTH LINE OF NAVY YARD HIGHWAY; THENCE Sl *08'00 W TO THE NORTH LINE OF STATE ROAD NO. 14; THENCE S51 *41'00 W ALONG THE NORTH LINE OF SAID ROAD 100.03 FEET TO THE POINT OF BEGINNING.» »PARCEL 3: THE WEST 50 FEET OF THE EAST 150 FEET OF THE FOLLOWING: THAT PORTION OF GOVERNMENT LOT 1, SECTION 32, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF J.J. HARRIS TRACT, RECORDED UNDER AUDITOR'S FILE NO. 279226 AND RECORDED IN VOLUME 232 OF DEEDS, PAGE 358, SAID POINT BEING ON THE SOUTH MARGIN OF HIGHWAY 21; THENCE N83 *46'E 242 FEET, MORE OR LESS, TO THE WEST LINE OF VAN HEE TRACT; THENCE S1 *08'W ALONG THE WEST LINE OF VAN HEE TRACT 196 FEET; THENCE S56 *17'53 W 288.76 FEET TO THE EAST LINE OF J.J. HARRIS TRACT; THENCE N1*40'36 E 320 FEET TO THE POINT OF BEGINNING; EXCEPT ANY PORTION THEREOF LYING IN THE RIGHT OF WAY OF COUNTY ROAD ON THE NORTH.» »PARCEL 4: THAT PORTION OF GOVERNMENT LOT 1, SECTION 32, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE J.J. HARRIS TRACT, AS DESCRIBED IN DEED RECORDED UNDER AUDITOR'S FILE NO. 279226, IN VOLUME 232 OF DEEDS, PAGE 358, RECORDS OF KITSAP COUNTY, WASHINGTON; THENCE N83 *46'E 242.00 FEET, MORE OR LESS, TO THE WEST LINE OF VAN HEE TRACT, THE TRUE POINT OF BEGINNING; THENCE S1 *08 W 196.00 FEET; THENCE S56 *17'53 W 118.64 FEET; THENCE N1 *08 E 246.47 FEET; THENCE N83 *46'E 100.83 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT ANY PORTION OF THE ABOVE DESCRIBED TRACT LYING WITHIN THE RIGHT - OF -WAY OF THE COUNTY ROAD ON THE NORTH. >>> TOGETHER WITH THAT PORTION OF VACATED COUNTY ROAD NO. 154, AS DESCRIBED MORE FULLY UNDER AUDITOR'S FILE NO. 201004130220, AS ATTACHES PER OPERATION OF LAW.