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Home My WebLink AboutFEIGLEY ROAD PARTNERS LLC Return Address City Clerk City of Bremerton 345 Sixth Street, Suite 600 Bremerton, WA 98337 BREMERTON CITY OF 201110060235 Agreement Rec Fee $ 66 00 page 1 of 5 10/06/2011 03 10 PM 1111111111111111111111111111111111111111111111111111111111111 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 Feigley Road Partners LLC Additional names on page 2 of document Grantee(s) 1 The City of Bremerton Additional names on page 3 &4 of document Legal Description A portion of the NE '/4 of the SW ' / a in Sec 5, T 23 N, R1 E, WM Kitsap County, WA (abbreviated) Additional legal is on page 4 &5 of document Assessor's Property Tax Parcel /Account Number 052301 -2- 025 -2000 Project Name Multiple single family water services. 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 on Fiegley Road, Bremerton, Kitsap County, Washington, (hereinafter "Property"), legally described as Page 1 of 5 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 Chari?es 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 services for single family residences. 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 petitio8shall require the concurrent adoption of land uses designated many 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 herem constitute a j i covenant running with the land and shall be binding upon the undersigned and his hein, successors, and assigns, and th this Agreement shall be filed for record in the office of the Kitsap County Auditor OWNER(S) l DATED �� l Z BY —� Owner �/ � A s � 1��. �► ��✓ /�/Qr�S: _ , _ -- BY PA-n,� ns LLC— Page 2 of 5 STATE OF WASHINGTON ) COUNTY OF �/ ) On this day, before me, the undersigned, a Notary Public in and for the State of Washington, personally appeared T16n&A6 BA- P.GHAiusCN , to me known to be the individual(s) descnb in and who executed the within and foregoing instrument, and acknowledged that ie he /they signed the same hi er /their free and voluntary act and deed, for the uses and purposes therein mentioned GIVEN under my hand and official seal this day of A-tt6a S f , 2011 PJ 00)sCo S Q Notary Public in and for the State of shington, /+, +111111 STA'�``�.�` g K4F/,J residing at My appointment expires q/0 qlly l Page 3 of 5 CITY OF BREMERTON DATED ! 'l f — t / BY � Patty Lent, r DEPARTMENTAL APPROVAL Direc f 'lic tl � 5 $p rtes APPROV FORM ovtc remerton City Attorney RECEIVED FOR FILING Carol Etgen, 'ty Clerk Page 4 of 5 EXHIBIT "A" 05231E RESULTANT PARCEL F OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO. 200704260225, BEING A RE- RECORDING OF AUDITOR'S FILE NO. 200506170352, RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: A PORTION OF THE EAST HALF OF THE WEST HALF OF SECTION 5, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 5; THENCE N 88 °34'43" W ALONG THE SOUTH LINE OF SAID SECTION, 1291.06 FEET TO THE SOUTHWEST CORNER OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 5; THENCE N 2 0 49'06" E ALONG THE WEST LINE OF SAID EAST HALF OF THE SOUTHEAST QUARTER, 2638.42 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 5; THENCE N 2 °49'08" E ALONG SAID WEST LINE, 65.35 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING N 2 0 49'08" E ALONG SAID WEST LINE, 1262.15 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 5; THENCE S 88 0 17'13" E ALONG THE NORTH BOUNDARY OF SAID SUBDIVISION, 1302.14 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST V4 OF SAID SECTION 5; THENCE S 2 °58 W ALONG THE NORTH -SOUTH CENTERLINE OF SAID SECTION 5,1957.30 FEET; THENCE S 47 1 08'54" W AND LEAVING SAID CENTERLINE, 61.77 FEET; THENCE 404.57 FEET ALONG THE ARC OF A 220 FOOT RADIUS CURVE TO THE RIGHT, SAID CURVE HAVING A CHORD BEARING N 80 0 10'12" W, 349.92 FEET; THENCE N 27 W, 186.7 FEET; THENCE 248.38 FEET ALONG THE ARC OF A 630 FOOT RADIUS CURVE TO THE LEFT, SAID CURVE HAVING A CHORD BEARING N 38 0 46'58" W, 246.77 FEET; THENCE N 50 0 04'38" W, 448.12 FEET; THENCE 185.91 FEET ALONG THE ARC OF A 280 FOOT RADIUS TO THE LEFT, SAID CURVE HAVING A CHORD BEARING N 69 0 05'54" W, 182.51 FEET; THENCE N 88 0 07'10" W, 116.96 FEET TO THE POINT OF BEGINNING. ®feigley road partner's oua doc Page 5 of 5 I