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HomeMy WebLinkAbout3650 SW HWY 16 Page= I o£ 5 BREMERTON CITY OF RSMT $1200 Kitsap Co, MA Filed for Record at Request of: When Recorded Return to: Name: City Clerk Address: 239 Fourth Street Breme~lon, WA 98337 .. ' EXCISE TAX F_XEMPI' FEB 2000 Document Title: Outside Utilities Agreement (Individual) Project Name: Water service to Lot C Developer Name: Edwin and Susan Sadtler Location: 3650 SW HWY 16 Port Orchard WA Tax Parcel # 332401-3-021-2007 Abbreviated Legal Section 33, Township 24N, Range I E, W.M., Kitsap County, WA; Description: Lot c Recorded under Auditor's File #9207010020 Vol. 73, pg. 48 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 at 3650 SW HWY 16 Port Orchard, Kitsap County, Washington, (hereinafter "Properly"), 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 Chames. 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. Us~e. 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 slxeet standards of the City of Bremerton. Page 1 of 5 4. Utility Imvrovements. Water service for a Commercial Development 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 desi~aated 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 mediate terrnmation 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 Kitsap County Auditor. OWNER(S): ,~~ DATED: \- ~-~-~ BY: Edwin S~adt~cr/~'''- BY: _~,~,~..~-- Susan Sadtler STATE OF WASHINGTON ) : SS. COUNTY OF KITSAP ) On this day, before mc, thc undersigned, a Notary Public in and for the State of Washington, parsunally appeared ~..~ ~ ~ ,, --~g ri o .-- , 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 Ms/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 ~ ~l~.~/-~ ~ 20 tD~ . '- Nota~ Public in and for the State of Washington, ,. :.."~LIf,,. : ' residing at: · v2'..? .~-~ ........ .st~, ,,, My appoinmaent expires: '.,,..o '.. "2S,,, ,' Page 2 of 5 [ lllllll lll Illllll 8REMERTON CITY OF RGllT $1~.0{~ Kitsap Co, Nfl CITY OF BREMERTON LYNN'. HORT~N, Mayor APPROVED AS TO FORM: ,/ ·-%q / /, / "~'I~ENNAMALANCA, Breme~on Ci~ A~omey RECEIVED FOR FILING: EEN L. MCCLUSKEY. City Clerk ~3650hwy16oua.doc Page 3 of 5 BREMERTON CITY OF ASMT $12.88 Kitsap EXHIBIT "A" A PORTION OF SECTION 33, TOWNSHIP 24 N., RANGE 1 E.; WILLAMETTE MERIDIAN TAX ASSESSOR'S NUMI3ER 332401-3-021-2007 LEGAL DESCRIPTION LOT C SURVEY RECORDED ONDER AUDITOR FILE NO 9207010020, VOLUHE 73, PAGE 48, AND AUDITOR FILE NO 9207310020, ALSO AUDITOR FILE NO 9211040022) A PARCEL OF LAND BEING A PORTION OF THE EAST 180 FEET OF THE NEST 300 FEET OF GOVERNNENT LOT 3~ SECTION 33~ TONNSHIP 24 NORTH, RANGE 1 EAST, N.N., KITSAP COUNTY, NASHINGTON~ LYING NORTH OF THE NORTH MARGIN OF STATE HIGHNAY 16 AS DEPICTED ON SURVEY DESCRIBED AS FOLLONS: THE POINT OF CONNENCEMENT BEING THE INTERSECTION OF THE NEST LINE OF SAID GOVERNMENT LOT 3 AND THE NORTH NARGIN OF STATE HIGHNAY 16, NHICH IS 478.81 FEET. NO1*50'15"E ALONG SAID NEST LINE FROM THE SOUTHNEST CORNER OF SAID GOVERNNENT LOT; THENCE CONTINUING NOl*50'15"E ALONG SAID NEST LINE 400.00 FEET; THENCE S88'09'45"E 120.00 FEET TO THE POINT OF BEGINNING; THENCE NO1*50'15"E PARALLEL TO SAID NEST LINE 241.~5 FEET; THENCE S68'38'01"E 190.99 FEET; THENCE S01'50'15"N PARALLEL TO SAID NEST LINE 177.61 F~ET; THENCE N88tog'45"N 180.00 FEET TO THE POINT OF BEGINNING; SUBJECT TO A 20 FOOT ACCESS AN UTILITY OVER UNDER AND ACROSS THE EAST 20 FEET THEREOF; SUBJECT TO A 10 FOOT ACCESS AND UTILITY OVER UNDER AND ACROSS THE NEST 10 FEET THEREOF; TOGETHER NITH A 20 FOOT ACCESS AND UTILITY EASEHENT OVER UNDER AND ACROSS THE EAST 20 FEET OF LOT A OF SAID RECORD OF SURVEY; TOGETHER NITH A 20 FOOT ACCESS AND UTILITY EASEMENT OVER UNDER AND ACORSS THE EAST 10 FEET OF LOT B AND THE NEST 10 FEET OF LOT A OF SAID SURVEY; SUBJECT TO AND TOGETHER NITH ALL EXCEPTIONS, EASEMENTS, RESERVATIONS, ASSIGNMENTS, ENCUNBERENCES~ AND AGREEHENTS ON A NARRANTY DEED FILED UNDER AUDITOR'S FILE NO. 9206250269 AND EXHIBIT "A" AND OF RECORD. Page 4 of 5 Page, 4 of 5 88/87/888883:i1P BEEMERTON C~TY O~ RGMT $t8.88 Kitsap Co~ WR EX~-IIBIT "A"continued A PORTION OF SECTION 33, TOWNSHIP 24 N., RANGE 1 E.; WILLAlV~TTE MEP,~DIAN TAX ASSESSOR'S NLTMBER 332401-3-021-2007 LEGAL DESCR~TION Page 5 of 5 Page: § o£ 5 88?87/288883: llP BE£t1EETON CITY OF R~HT $1~ Ki[~ap Co, ~R