HomeMy WebLinkAbout3805 STATE HIGHWAY 3 WESTEXCISE TAX EXEgtv'i
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 ora parcel outside21!$_ City of Bremerton, has
made application for city utilities;
NOW, THEREFORE, the undersigned owner (hereinafter "Owner")of real property
located at 3805 ffrA'r~ I/I~,/AY 3 ~ _
, Kitsap County, Washington, (hereinafter '"Property"),
legally described as: KIT,~P COI.ItTY
$12. OO C~K
,See ~x. hibit "&" Attached FILEO~Y: CITY OF BREI~ERTON
~ F1.V~, ~.N)ITOR
CLEI~: BEVAI~
and the City of Bremcrton (hereinaftor '*City"), in consideration of the mutual covenants
set forth herein including the furnishing of utilities services by the City of Bremerton, do
hereb7 promise and agree as follows:
1. Service~ ?rovided. City of Bremerton shall provide utility services consistent with
'service areas defined by tho City comprehensive utility plans as amended, and terms and
c~)ndi, tions of a current Letter of Availability from the Brcmerton Utilities Department.
2. Ratos and Char~es. Owner shah pay when duo all connection char§es,
assessments, and rates established for city utilities services 5y Cit7 ordinance for tho 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 35.13.177and any adopted subdivision and street standards of the City
OUTSIDE UTILITIES AGREEMENT -1-
(CORPORATE/PARTNERSHIP) $~. F= ): 9~l~210320
REIZL E)~I~ FR EI*~&
of Bremerton.
4. Utility Imorovements.
A fire l,~nl~at to prom'de £~ floq, to a cc~eretal lm~tness
5. Annexation. Owner, by signing below, grants to the City of Bremerton a Limited
Power of Attorney to include this Agreement as Owner's consent to the annexation of the
Property as part of any Notice of Intent or Petition for Annexation presented to the City of
Bremerton.
The annexation petition supported by this Power may include proportional
assumption of the City indebtedness by the area to be annexed. The petition shall require
the concurrent adoption of land uses designated in any urban fringe comprehensive plan
approved for the annexation area pursuant to RCW 35.13.177, or if none has been adopted,
the land uses for annexed property as set forth in the Bremerton Zoning Code as amended.
This Power of Attorney is nonrevocable.
6. Enforcement. Violation of this Agreement may result in the immediate
termination of utilities services to the above-described property as well as other remedies
provided by law.
7. Covenants. The undersigned further agrees that this Agreement and the promise
made herein constitute a covenant running with the land and shall be binding upon the
undersigned and his heirs, successors, and assigns, and that this Agreement shall be filed for
record in the office of the Kitsap County Auditor. Owner agrees that any sale or transfer
of the above-described property will be conditioned on execution and filing of a duplicate
copy of this outside utility agreement by the purchaser or transferee.
OWNER(S):
3805 ,qTA'F~ ~ 3 W. BY:
OUTSIDE UTILITIES AGREEMENT -2- ~ ~$& F'R {]'~&5
(CORPORATE/PARTNERSHIP)
STATE OF WASHINGTON )
: SS.
COUNTY OF KITSAP )
~)/Lt~.n~ t~personaily appeared before me ~.L(Lg~J~
, of M~'.4 C-~1 ta,,.statx~. ~ , the
corporation~ described in and that execute~ the wit~hin and foregoing instrument,
and acknowledged said instrument to be the free and voluntary act and deed of said
corporation~m~a~-,fl~ for the uses and purposes therein mentioned, and on oath stated
that ,i~e\sheXll~y. was~.::'zrz authorized to execute said instrument on behalf of said
corporation\partnership.
GIVEN under my hand and official seal this 51 day of
N tary Public i an~State ~f Washington,
r~iding at: ~3~,rX
My appointment' expires:
CITY OF BREMERTON
ON, Mayor
W. EUGEN~ S-AM~,, ~irector of Public Works & Utilities
)3PP~ED /A'?<~O FORM:
IAN R. SIF..~RS, Bremerton City Attorney
STATE OF WASHINGTON ~ F. t: 9~2t0320
COU~Y OF ~TSAP
On this day person~ly app~ed before me Lynn Ho~on, Breme~on City Mayor, the
OUTSIDE UTILITIES AGREEMENT -3-
(CORPORATE/PARTNERSHIP)
Ufili~3.A~t - A[eeement Forms - R~vised 3113195
municipal corporation described in and that executed the within and foregoing instrument,
and acknowledged said instrument to be the free and voluntary act and deed of said
corporation, for the uses and purposes therein mentioned, and on oath stated that they were
authorized to execute said instrument on behalf of said corporation.
GIVEN under my hand and official seal this ~ day of
-" ~ : ~ u~ i~ %r'the Stat~ f
· ~ '~"~" - Notary P lic d o Washington,
~'. '%,s ~.~g, residing at:
~ My appointment expires: ,.5~-/.6-'-
KAT~tLEEN L, McCLUSKEY, CITY CLERK
REEL 09J.& FR 0587
OUTSIDE UTILITIES AGREEMENT -4-
(CORPORATE/PARTNERSHIP)
A PORTION OF SECTION 32, TOWNSHIP 24 N., RANGE 1 E.; WILLAME~
~IDIAN
THAT PORTION OF GOVERNMENT LOT 1 AND THE SOUTHWEST QUARTER
OF THE NORTHEAST QUARTER OF SECTION 52. 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. I7 FEET FROM THE SOUTHWEST CORNER OF ]'HE
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. 27945~, RECORDS OF SAID COUNTY~ FOR THE TRUE POINT
OF BEGINNING; THENCE N1*40'36"E ALONG THE EAST LINE OF SAID
STEINHART TRACT, ~0.05_ 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 Nl*40'36"E 27.22 FEET TO A POINT ~20 FEET S1*4D'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 5. 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 S1-08'00"W TO THE NORTH LINE OF STATE
ROAD NO. 14; THENCE S51-41'00"W ALONG THE NORTH LINE OF
SAID ROAD 100.0~ FEET TO THE POINT OF BEGINNING.
T~ ASSESSOR'S ~]~ 322401-1-073-2009
THE WEST 50 FEET OF THE EAST 150 FEET OF THE FOLLOWING:
'THAT PORTION OF GOVERNMENT LOT 1, SECTION ~2. 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 J58, 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
Nl*40'J6"E 320 FEET TO THE POINT OF BEGINNING; EXCEPT ANY
PORTION THEREOF LYING IN THE RIGHT OF WAY OF COUNTY ROAD ON
THE NORTH.
TAX ASSESSOR'S NUMBERS 322401-1-074-2008
THAT PORTION OF GOVERNMENT LOT i, SECTION 32, TOWNSHIP 24
NORTH~ RANGE i 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 Sl*08"W 196.00 FEET; THENCE S56'17'53"W
118.64 FEET; THENCE NI*OS"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.
~. F. #'
IE-EL 091~ FR 0589
T~ ASSESSOR'S ~ 322401-1-075-2007
A PORTION OF GOVERNMENT LOT 1, SECTION ._,.~o, TOWNSHIF' 24
NORTH, RANGE 1 EAST~ W.M., IN KITSAP COUNTY, WASHINGTON,
DESCRIBED AS FOLI_OWS: BEGINNING AT A POINT ON THE WEST
BOUNDARY OF BOND F'ROJECT 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~ 16~ FEET, MORE OR
LESS, TO THE SOUTHWEST CORNER 0~ A TRACT OF LAND CONVEYED TO
JULIUS BLATTE BY DEED RECORDED UNDER AUDITOR'S FILE NO.
896572; THENCE NI*08~E ALONG THE WEST LINE OF SAID TRACT,
500 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.
069 072 07U
,xx
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