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HomeMy WebLinkAbout3327 APPALOOSA WAY NEFiled for Record at Request of: Page: i of 6 86/11/199818:84fl WhcnRecordedReturnto: BREMERTON CI Y ~G~T $13.88 Ki~,$~p Co, ~fl Name: City Clerk Acld~: 239 Fourth Street Bmn~rtun~ WA 98337 I}ocument Title: Outside Utilities Agreement (Individual) Project Name: Kipfer at Ailmlensa Way I)e~dop~ Name: Doreen R. Kipfer Location: 3327 Appaloosa WayNE Tax Parcel # 022401-3-105-2003 Abbreviated Legal Section 02, Township 24, Range 01, That potlion of the West half of the East half of thc l}eseripfion: Southwest quarter of the Southwest quarter. OUTSIDE UTILI'I'I~S AGREEMENT WHEREAS the Bremerton Mumcipal Code requires property outside the city boundaries to support annexation to the City of Bremenun as a condition for receiving City utilities (BMC 15.02.040 and 15.03.040); WHEREAS the City of Bremertun has a pruna~y obligation to its ci~zens to allocate limited service resources for adequate growth and devdopmem within the City; and WHEREAS the undersigned, as owner of a parcel outside the City of Bran, has made application for city utilities; NOW, TItEREFORE, the undersigned owner (hereinafter "Owner") of real propelty located at , Kitsap County, Washington, (hereinafter "Properly"), legally described as: SEE ATTACHMENT "A' and the City of Bremerton (hereinafter "City"), in consideration of the mutual covenants set forth herein including the furnishing of utilities services by the City of Bremerton, do hereby promise and agree as follows: 1. Services Provided. City of Bremenon shall provide utility sendces consistent with service areas defined by the City comprehensive utility plans as amended, and terms and conditions of a current Letter of Availability fi'om the Bmmerton Utilities Department 2. Rates and Charges. Owner shall pay when due all connection charges, assessments, and rates established for city utilities services by City ordinance for the Ownees user class. 3. Use. Development of the property described above shall comply with the uses and devclopmem standards of City of Bren~rton comprehensive land use plan adopted pursuant to RCW 35.13.177 and any adop~l subdivision and street standards of the City of Bremerton. 4. Utiligr Improvements. Water and Sewer service for a two lot Short Plat. 5. Annexation. Owner, by signing below, grants to the City of Breme~on a Limited Power of Attorney to include this Agreement as Owner's consent to the annexation of the Property as pa~ of aw/Notice of Intent or Petition for Annexation presented to the City of Bremerton. The annexation petition supposed by this Power may include proportional assumption of the City indd~tedness by tl~ area to be annexed. The petition shall ~ the concurrent adoption of land uses designated in any mban fringe comprehensiv~ plan approved for the annexation area pursuant to RCW 35.13.177, or if non~ has been adopted, tt~ land uses for annexed properly as set forth in the Bremerton Zoning This Power of Attorney is nonrevoaable. 6. Enforceme~L Violation of this Agrcemem may result in the immediate l~ninnation of ufililies 7. Covenants. The undersigned further agr~s that this Ag~emont and the promise made her~in constilul~ a covenant pruning with tbe land and shall be binding upon the ~gned and his heirs, sl~cessom, and assigns, and that this Agxe~rnont shall be filed for record in the office of tbe Kits,ap County Auditor. BY: STA'I~E OF WASHINGTON ) COUNTY OF K1TSAP ) Q~ cia,/, Ix~o~ m,% thc~xi, a Nota~ i~U¢ in aha for the State of Was~on, personaUy ~ J~-~ %/' e~.Y1 ~ ~,'~ Ye~c~ , to m~ kllown to be thc indiviclllal($) d~rlbed in and who cxeca~ted the within and foregoing ins~nC and acknowledged that heJshe.~,tthey signed the same as lfis/herAheir flce and volonlaey act and deed, for the uses and punposes ther~ mentioned. OIVENonder my hand and offi~-x'~ day of ~'~{Z&s ,19~. ~ f PUBLIC ~, ~ ,l~a~ Public in and for the Stat~ of · n . ,-.- _: ~, . ~°~ °.V~hshington 0° ,K::~'~I~0111~ aI' %"$,; °~. .." ~My appointment expires: ~-II~~'~''~ ~i..'%~. ? ..... _,x~,.~'- -' IJll II Ill II Page: 86/11/199818:848 BR£M£RTON CITY AGMT $13.88 Kitzap Co, WA CITY OF BREMERTON£ LY~ HORTON, Mayor Teme O Neill, I~unicipal Services Coordinator RECEIVED FOR FILING: KATI41,~FN L. MCCLUSKEY, City Clerk ~ appt3327.doc EXHIBIT "A" A PORTION OF SECTION 2, TOWNSHIP 24 N., RANGE 1 E.; WILLAMETTE MERIDIAN TAX ASSESSOR'S NUMBER 022401-3-105-2003 LEGAL DESCRIPTION THAT PORTION OF THE NEST HALF OF THE EAST HALF OF THE SOUTHNEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2, TONNSHIP 24 NORTHj RANGE I EAST OF THE NILLNqETTE HERIDIAN IN KITSAP COUNTYj NASHINGTON~ DESCRIBED AS FOLLONS: BEGINNING AT THE SOUTHNEST CORNER OF THE NEST HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHNEST QUARTER OF SAID SECTION 2 NHICH BEARS S89'19'27' EAST 663.55 FEET FROH THE SOUTHNEST CORNER OF SAID SECTION 2; THENCE NORTH 89'19'27" NEST 7.54 FEET TO THE SOUTHNEST CORNER OF THE JOHN E. COLE PROPERTY AS DESCRIBED IN DEED RECORDED UNDER AUDITOR'S FILE NO. 778658; THENCE SOUTH 89'19'27" EAST 173.00 FEET TO A CONCRETE HONUHENT; THENCE NORTH 0*52'32' EAST 470.02 FEET TO A CONCRETE HONUHENT THENCE NORTH 0*09'20' NEST 214.28 FEET TO THE SOUTH LINE OF THE NORTH 642 FEET OF THE NEST HALF OF THE EAST HALF OF THE SOUTHNEST QUARTER OF THE SOUTHNEST QUARTER OF SAID SECTION 2 BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 0*09'20" NEST 145.01 FEET TO THE SOUTH LINE OF THE NORTH 497 FEET OF THE NEST HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHNEST QUARTER OF SAID SECTION 2; THENCE SOUTH 89'41'18" EAST ALONG SAID SOUTH LINE A DISTANCE OF 173.62 FEET TO AN EXISTING FENCE LINE; THENCE SOUTH 0*27'25" EAST ALONG SAID FENCE LINE A DISTANCE OF 145.01 FEET TO THE SOUTH LINE OF THE NORTH 642 FEET OF THE NEST HALF OF THE EAST HALF OF THE SOUTHNEST QUARTER OF THE SOUTHNEST QUARTER OF SAID SECTION 2; THENCE NORTH 89'41'18" NEST ALONG SAID SOUTH LINE A DISTANCE OF 174.39 FEET TO THE TRUE POINT OF BEGINNING. SUBJECT TO AND TOGETHER NITH A NON-EXCLUSIVE EASEHENT FOR INGRESS AND EGRESS AND FOR THE INSTALLATION AND HAINTENANCE OF UTILITIES LINES OVER AND UNDER A STRIP OF LAND LYING NITHIN THE EAST HALF OF THE SOUTHNEST QUARTER OF THE SOUTHHEST QUARTER OF SECT[ON 2, TONNSH[P 24 NORTH, RANGE 1 EASTj OF THE NILL/~ETTE MER[DIAN~ IN K[TSAP COUNTY, NASH[NGTON, DESCRIBED AS FOLLONS: BEGINNING AT THE SOUTHNEST CORNER OF THE NEST HALF OF THE EAST HALF OF THE SOUTHNEST QUARTER OF THE SOUTHNEST QUARTER OF SAID SECTION 2 NHICH BEARS SOUTH 89'19'27' EAST 663.55 FEET FROH THE Page: 4 o£ O BR M~TON CITY AOMT $13.00 Kitsap Co, WA Page 1 OF 3 EXRrrR1T "A' A PORTION OF SECTION 2, TOWNSHIP 24 N., RANGE 1 E.; WILLAMETTE MERIDIAN TAX ASSESSOR'S NLrMBER 022401-3-105-2003 LEGAL DESCRII:q"ION SOUTHWEST CORNER OF SAID SECTION 2; THENCE NORTH 89'19'27" NEST 7.54 FEET TO THE SOUTHWEST CORNER OF THE JOHN E. COLE PROPERTY AS DESCRIBED IN DEED RECORDED UNDER AUDITOR'S FILE NO. 778658; THENCE SOUTH 89'19'27" EAST 173.00 FEET TO A CONCRETE MONUMENT THENCE NORTH 0*52'32" EAST 470.02 FEET TO A CONCRETE MONUMENT; THENCE NORTH 0*09'20" NEST 494.00 FEET TO A CONCRETE MONUMENT; THENCE NORTH 0'48'14' NEST 332.35 FEET TO A CONCRETE MONUMENT ON A LINE 30.00 FEET SOUTH OF AND PARALLEL ~[TH THE NORTH LINE OF THE EAST HALF OF THE SOUTHNEST QUARTER OF THE SOUTHNEST QUARTER OF SAID SECTION 2; THENCE ALONG SAID PARALLEL LINE SOUTH 89'41'18" EAST 148.10 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH 89'41'18" EAST 30.00 FEET TO A POINT NH[CH BEARS SOUTH 2'01'14" NEST 30.01 FEET AND NORTH 89'41'18" NEST 32.79 FEET FROM THE NEST HALF OF THE EAST HALF OF THE SOUTHNEST QUARTER OF THE SOUTHNEST QUARTER OF SAID SECT[ON 2; THENCE FOLLONING AN EXISTING FENCE LINE FOR THE NEXT SEVEN (7) COURSES; SOUTH 0*33'20" NEST 197.91 FEET; SOUTH 0*57'04" EAST 105.63 FEET; SOUTH 0'15'03" EAST 163.50 FEET; SOUTH 0*27'25" EAST 206.21 FEET; SOUTH 0'10'35" NEST 104.81 FEET; SOUTH 19'51'58" EAST 9.31 ET TO THE NEST LINE OF THE EAST HALF OF THE EAST HALF OF THE SOUTHNEST QUARTER OF THE SOUTHNEST QUARTER OF SAID SECTION 2; AND SOUTH 19'51'58' EAST 40.24 FEET TO A LINE LYING 15 FEET EAST OF AND~PARALLEL N[TH THE EAST LINE OF THE NEST HALF OF THE EAST HALF OF THE SOUTHNEST QUARTER OF THE SOUTHNEST QUARTER OF SAID SECTION 2; THENCE ALONG SAID PARALLEL LINE SOUTH 2'01 '14" NEST 60.52 FEET TO THE SOUTH LINE OF THE NORTH 915 FEET OF THE EAST HALF OF THE SOUTHNEST QUARTER OF THE SOUTHNEST QUARTER OF SAID SECTION 2; THENCE NORTH 89'41'18" NEST ALONG SAID SOUTH LINE A DISTANCE OF 15.01 FEET TO THE EAST LINE OF THE NEST HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECT[ON 2; THENCE CONTINUING ALONG SAID SOUTH LINE NORTH 89'41'18'' NEST 62.00 FEET; THENCE NORTH 26*03'30" EAST 73.25 FEET; THENCE NORTH 0'10'35" EAST 145.60 FEET; THENCE NORTH 0*27'25" NEST 206.44 FEET; THENCE NORTH 0'15'03" NEST 163.0~FEET; THENCE NORTH 0*57'04" NEST 105.84' FEET; THENCE NORTH 0*33'20" EAST 198.17 FEET TO THE TRUE POINT OF BEGINNING. Page 2 OF 3 [ll llll(I Illll III lllll4 Il Page~ 5 ot 6 BREM£RTON CITY AGMT $13.88 Kitsap Co, WA A PORTION OF SECTION 2, TOWNSHIP 24 N., RANGE I E.; WlI,I,A_ME tT~ MERK)IAN TAX ASSESSOR'S NLrMBER 022401-3-105-2003 ~ !--'7SYLVAN ......... ~AY . J~= ~1 . ~ " .... , ,.~,?~; ~~c-~,~e~''~ ':~ ,,..~, Page 3 OF 3 IIItlllllll i1111 III IIIIIIIJfll Page: 6 ot 6 BR M£RTON CITY 8GMT ;13,88 Kitsa~ Co, W8