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Home My WebLink AboutCLOUD SR16 f� f i Return Address City Clerk City of Bremerton 345 Sixth Street, Suite 600 Bremerton, WA 98337 BREMERTON CITY OF 201210100243 Agreement Rec Fee $ 76 00 page 1 of 5 10/10/2012 03 05 PM Walter Washington, Kitsap Co Auditor +� 1111111111 III IIII 111111111 IIII 1111 II111 IIIII 1111111 III I III I 11111 III IIII IIII 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 John Cloud El Additional names on page of document Grantee(s) 1 The City of Bremerton ❑ Additional names on page of document Legal Description A PORTION OF GOVERNMENT LOT 3, SECTION 33, TOWNSHIP 24 NORTH, RANGE I (abbreviated) EAST, W M, IN KITSAP COUNTY, WASHINGTON 0 Additional legal is on page of document Assessor's Property Tax Parcel /Account Number 332401 -3 -002 -2000 Project Name Cloud SR16 t , 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, Bremerton, Kitsap County, Washington, (hereinafter "Property "), (legally described in EXHIBIT "A ") and the City of Bremerton (hereinafter "City"), in consideration of the mutual covenants set forth herem including the furmshmg 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 Utihty improvements Water and Sewer 5 Annexation Owner, by signmg 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 m 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 hens, successors, and assigns, and that this Agreement shall be filed for record m the office of the Kitsap County Auditor t OWNERS) DATED / BY O e 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 L ,010it/ A.1 d4-At b , 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 I o day of 4 , 2012 non �a 5r •'�q�'tiCOA�i;, to 4 � or Notary Public in and for the State of Washington, • , �` • U0 Z. � residing at �. TW O Sh ,�A -.% M appointment gyres ex X111011 Y pp p r 4 CITY OF BREMERTON DATED 0 - 4 Q" 1 Z�I Z BY Patty Lent, or DEPARTMENTAL APPROVAL Chal Martin, Director of Public Works d Utilities APPROVED AS TO FORM -- � �y Roger Lubovich, Bremerton City Attorney RECEIVED FOR FILING P Shannon Corm, City Clerk r EXHIBIT A PARCEL 3 OF DECLARATION OF PARTITION RECORDED UNDER AUDITOR'S FILE NO 200311130346, RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS THAT PORTION OF THE EAST 180 00 FEET OF THE WEST 300 00 FEET OF GOVERNMENT LOT 3, SECTION 33, TOWNSHIP 24 NORTH, RANGE 1 EAST W M KITSAP COUNTY, WASHINGTON MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT THE INTERSECTION OF THE NORTH MARGIN OF STATE ROAD NUMBER 14 (PORT ORCHARD TO TIDEWATER CREEK) AND THE WEST LINE OF SAID GOVERNMENT LOT 3, THENCE N 1 *50'15" E ALONG SAID WEST LINE, 400 00 FEET, THENCE LEAVING SAID WEST LINE RUN S 88 *09'45" E, AT RIGHT ANGLE TO SAID WEST LINE, 120 00 FEET TO THE TRUE POINT OF BEGINNING, THENCE S 88 *09'45" E 180 00 FEET MORE OR LESS TO THE EAST LINE OF THE WEST 300 00 FEET OF SAID GOVERNMENT LOT 3, THENCE S 1 *50'15" W, PARALLEL WITH THE SAID WEST LINE OF SAID GOVERNMENT LOT 3,356 91 FEET MORE OR LESS TO A POINT ON A CURVE TO THE NORTHEAST OF THE NORTHERLY MARGIN OF SAID STATE ROAD NUMBER 14 (PORT ORCHARD TO TIDEWATER CREEK), FROM WHICH THE RADIUS POINT BEARS N 62 *26'48" W 222183 FEET, THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 187 43 FEET MORE OR LESS TO A POINT ON THE EAST LINE OF THE WEST 120 00 OF SAID GOVERNMENT LOT 3 AND WHICH BEAR S 1 *50'15" W FROM THE TRUE POINT OF BEGINNING AND FROM WHICH THE RADIUS POINT BEARS N 1 *36'48" W 2221 83 FEET, THENCE LEAVING SAID NORTHERLY MARGIN OF SAID STATE ROAD NUMBER 14 (PORT ORCHARD TO TIDEWATER CREEK) RUN N 1 *50'15" E 375 67 FEET MORE OR LESS TO THE TRUE POINT OF BEGINNING EXCEPT FROM THE ABOVE DESCRIBED TRACT THE NORTH 150 00 FEET, AS MEASURED ALONG THE EAST AND WEST LINES THEREOF SUBJECT TO AND TOGETHER WITH A NON - EXCLUSIVE EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER, UNDER AND ACROSS A 20 00 FOOT WIDE STRIP OF LAND BEING 10 00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE THAT PORTION OF THE WEST 130 00 FEET OF THE WEST 300 00 FEET OF GOVERNMENT LOT 3, SECTION 33, TOWNSHIP 24 NORTH, RANGE 1 EAST W M KITSAP COUNTY, WASHINGTON MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT THE INTERSECTION OF THE NORTH MARGIN OF STATE ROAD NUMBER 14 (PORT ORCHARD TO TIDEWATER CREEK) AND THE WEST LINE OF SAID GOVERNMENT LOT 3, THENCE N 1 *50'15" E ALONG SAID WEST LINE 652 71 FEET, THENCE LEAVING SAID WEST LINE RUN S 82 *48'08" E 120 53 FEET TO THE TRUE POINT OF BEGINNING OF THE CENTERLINE OF SAID EASEMENT, THENCE S 1 *50'15" W, PARALLEL WITH THE WEST LINE OF SAID GOVERNMENT LOT 3, A DISTANCE OF 61712 FEET MORE OR LESS TO THE NORTHERLY MARGIN OF STATE ROAD NUMBER 14 (PORT ORCHARD TO TIDEWATER CREEK) AND THE END OF SAID EASEMENT CENTERLINE THE EAST AND WEST MARGIN OF SAID EASEMENT SHALL BE LENGTHENED OR FOR SHORTENED TO INTERSECT WITH THE BOUNDARY SIDELINES SUBJECT TO AND TOGETHER WITH A NON - EXCLUSIVE EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER, UNDER AND ACROSS A 20 00 FOOT WIDE STRIP OF LAND BEING 20 00 FEET ON THE WEST SIDE OF THE FOLLOWING DESCRIBED LINE THAT PORTION OF THE WEST 300 00 FEET OF GOVERNMENT LOT 3, SECTION 33, TOWNSHIP 24 NORTH, RANGE 1 EAST W M KITSAP COUNTY, WASHINGTON MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT THE INTERSECTION OF THE NORTH MARGIN OF STATE ROAD NUMBER 14 (PORT ORCHARD TO TIDEWATER CREEK) AND THE WEST LINE OF SAID GOVERNMENT LOT 3, THENCE N 1 *50'15" E ALONG SAID WEST LINE 652 71 FEET, THENCE LEAVING SAID WEST LINE RUN S 82 *48'08" E 120 53 FEET, THENCE S 68 *38'01" E 190 99 FEET TO A POINT ON EAST LINE OF THE SAID WEST 300 00 FEET OF SAID GOVERNMENT LOT 3 BEARING AND DISTANCES ARE BASED UPON RECORD OF SURVEY RECORDED UNDER AUDITOR'S FILE NUMBER 9207010020 AND FILED IN VOLUME 37, PAGE 48 OF SURVEYS, RECORDS OF KITSAP COUNTY, WASHINGTON AND BY THIS REFERENCE MADE A PART THEREOF