HomeMy WebLinkAbout200903160005 - Feigley Road Partners - Contract Outside Utilites AgreementReturn Address City Clerk
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
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AU DITORYRECORDER'S IN DEXING FORM
Grantor(s): Feigley Road Partners, LLC
x Additional names on page of document.
Project Name: The Plat of McCormick North Phase ll
OUTSIDE UTILITIES AGREEMENT AND LIMITED POWER OF
ATTORNEY AND WAIVER OF PROTEST
WHEREAS, RCW 35.67.310 provides authority for the City of Port Orchard to extend sewer services to
customers outside the Port Orchard City limits;
WHEREAS, RCW 36.70A.110 provides that cities are providers of urban services and that urban growth
should be located fust in areas already charucteized by urban growth that have adequate existing public facilities and
seryice capacities to setve such development, second in areas already characterized by urban growth that will be served
adequately by a conrbination of both existrng facilities and services and any additional needed public facilities and
services that are provided by either public or private sources; and third in the remaining porlions of the urban growth
areas;
WHBREAS, the City of Port Orchard has a primary obligation to its citizens to allocate limited service
resources for adequate growth and development within the City, but has established a policy allowing extension of
utilities to propefiies within the urban growth area;
WHEREAS, the undersigned, as Owner of a parcel located outside the City of Port Orchard, but witlun the
urban grorvth boundary has made application for City utilities;
Page I of4 9860'005.doc
Document Title(s): 1. Outside Utilities Agreement And Limited Power of Attorney And Waiver of Protest
Reference Number(s) of Documents assigned or released: N/A
Grantee(s): 1. The City of Port Orchard
x of document.Additional names on page 4
Legat Description: Sr.u h "Q lk < U n y'rl
x
I
I
5
5'€e7ta u 5 TENS\P 23 r'l
(abbreviated)tvT I@"M ", t1iTs.1P CatlJf?*NarE I €
of document.Additional legal is on page
Assessor's Property Tax Parcel/Account Number:
052301 -3-040-2009,052301 -3-039-2002,052301 -2-012-2005,
052301 -2-025-2000,052301 -1 -031 -2004
WHEREAS, RCW 35.23.440(32) provides authority for the City of Porl Orchard to conhact; and RCW
35.23.440(41) provides authority for the City of Port Orchard to provide for acquisition of water works and to purvey the
same to its cit2ens and customers; and RCW 35.23.440(35) provides authority for the City of Port Orchard to provide
fbr, maintain, and regulate a system of sewerage; and
WHEREAS, the City Cowrcil of Port Orchard enacted Ordinance 023-06, and thereby established a policy
requinng annexation of all areas to which sewer and/or water service is extended, once annexation is feasible, ot when a
Notice of Intent to Annex or a Petition for Annexation is presented to the City.
NOW, THEREFORE, the undersigned Owner(s) (hereinafter "Owner") of real property known as
McCormick Norlh Phase II, Kitsap County, Washington, (hereinafter "Property"), legally described as:
SEE ATTACHED EXIIIBIT "A," incorporated herein by reference
and the City of Port Orchard (hereinafter "City"), in consideration of the mutual covenants set fofih herein including the
fuimshrng of utility services by the City, do hereby promise and agree as follows:
1. Services Provided. Clty shall provide utility services consistent with service areas defined by the Port
Orchard comprehensive water service plan and comprehensive sewer plan as written or hereafter amended, and terms
and conditions of a crulent Letter of Availability from the Port Orchard Deparhlent Public Works and Utilities.
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's comprehensive land use plan adopted pursuant to RCW 35.13.111 and any adopted subdivision and street
standards of the City.
4. Utilitv Improvements. Public sewer system associated with the Plat of Mccormrck North Phase II.
5. Annexation and Waiver of Protest. The Owner hereby grants to the City a Limited Power of Attorney, as
Owner's Attorney in Fact, to exercise any and all rights of the Owner, and the Owner's heirs, purchasers, assigns and
successors- in, interest to achieve annexation of the Properly to the City. This Limited Power of Attorney shall
include authority by the City to utilize this Agreement for purposes of Limited Power of Attorney shall include
authority by the City to utilize this Agreement as Owner's written consent to annexation of the Property as part of
any notice of intent to annex or petition for annexation presented to the City pursuant to chapter 35.13 RCW as
written or hereafter amended. This Limited Power of Attorney shall not be affected by the disability of the Owner
and is granted in consideration of the City's providing water and/or sewer service to the Property and shall and is
intended to be a power coupled with an interest which may not be terminated.
A notice of intent to annex, or petition for annexation suppofted by this power Inay include propotlional
assumption of the City of Porl Orchard indebtedness by the area to be annexed. The petition shal1 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 forlh in the Porl Orchard Zonng
Code as amended.
Page2 of 4 9860'005'doc
This Limited Power of Attorney is irrevocable.
By its/their signature(s) below, the Owner hereby waives all rights to protest against the annexation
proceedings provided for herein. However, the Owner may appear at any public hearing on such matters to engage
in open public debate on the merits of annexation.
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 Owner firther agrees that this Agreement and the promises made herein constitute a
covenant running with the land and shall be binding upon the Owner and its /their heirs, successors, and assigns, and that
this Agreement shall be filed for record in the office of the Kitsap County Auditor.
8. Ownership. The Owner hereby declares that
have full power to commit the Property to this Agreement.
he/she/they are the record s) of the Property and
owNER(S)
(Note; if the property is owned by a spousal
4&\oq
(Signanue
Print Name/Corporate Title Thomas A.
President of Novastar Development Inc., the Managurg Member
Of Feigley Road Partners, LLC
STATE OF WASHINGTON
:
COUNTY OF KITSAP
GIVENundermy hand and official seal this &4 day ot 2009
L.
ttl
)
BY
SS,
)
On this day, befogq me, the undersigned, a Notary Public in and for the State of Washington, personally
appeared thorn*s ,6n<a*ausexl , to me known ;!q be fte
individual(s) described in and who executed the within and foregoing inshument, and acknowledged ttratQ5/she/they
signed the sa*e a@pher/theil free and voluntary act and deed, for the uses and purposes therein mentioned.
W- snuDEA L. Bnceq S
Notary Public in and for the Statd oYWashington,
Residing at: KENT
My appointment expires: q -6q - / O
Page 3 of4
Or
9860.005.doc
CITY OF PORT ORCHARD
ooruo, 6la-\oQ BY
Mayor
DEPARTMENTAL APPROVAL
Dorsey, P.E.,
APPROVED AS TO FORM:
Attomey
Page 4 of4 9860.005.doc
R€al Foperty ln the llnirmrpor#d Onttty of Kltsap, StaE of Wdilngbn, deslbed as bllorvs:
PARGLA:
TtlAT FORTTON OF Tr{E SOIfiHWEST QTJARTER OF Tr{E ipRIHEAST aU RTER OF SECnON 5,
TOUilISHIP zil I{ORTH, MNGE I EAST, W.M.,Il{ KITSAP@tffrY, WASH!I{GTOf{, DESCRTBED
AS R)tlrfltfS:
BEGm{NI]{G AT THE SOUI}|WEST qrRilER OF THE SOUftttBT aUA,RTER OF THE M)RTHEAST
aUARXER OF SAID SECflON 5; THH{CE SOIII}I 88q0710' EAST AlOilc IHE SOUffi UNE
THREOFA DISTAilCE OF 235.:t8 FEEI; THEI{CE t{ORrH 3'Iol?49 EAST85.15 FEEI; THB{CE
NORIH TcLC?ft'EAST 112.3{ fEEI; THEiICE M)RIH 29q06'0y EAST59.17 FEEI THEilCE
NORIH 132719'EAST 71.00 FEEI; THS{CE I{ORTH 45c(1t37 EAST 81.37 FEEI; THEIG
NORTH T2c47L4'EAST 151.28 FEEI; THEI{CE I{ORIH {3c4821'EASI 100.0 FEEI; THEi{CE
NORTH 703501'EAST 185.63 FEEI; TIIENCE I{ORTH 3{014'26'EAST$.ql FEEI; THEIICE
NORT}I 1003700'WEST 171.92 FEET; T}IENCE NORIH 11o14'?f'U,EST80.26 FEEI; THEI{CE
NORTH 6!)01800'WEST71.9+ FEET; THENCE ]{ORTH 52oll'32'WEST 191.92 FEEI; THEI{CE
NORTH 5936'3{'tttrEST t2t.79 FEEI; THENCE NORTH 3703{'53'WEST97.66 FEETTO THE
NORTH UNE OF THE SOUTI|UITST QUARTER OF ]r{E ]{oRTHEAST QT ARTER OF SAID SECnON
5; THENCE NORTH 8801716'WESTATO{G SAID NORIH Ul{E A DISTAilCE OF 80.qt FEETTO
THE NORTHWEST @RNER OF THE SOUDIi,EST QUARTER OF THE NORTHEAST QUARTER OF
SAID SEGIION 5; THENCE SOUTH 2058'52" WESTALOT{G THE WESI UilE THEREOF A
DISTANCE OF 1332.07 FEETTO THE POINTOF BEGINNING.
(BEING KNOWN AS RESULTAT{T PARCEL A OF BOUNDARY UNE ADJUSmENT UNDER
RE@RDr]{G NO. 2qH03180176.)
PARGL B:
LOT 8 OF |-ARGE LOT SUBDMSION AC@RDING TO St RVET RE@RDED FEBRUARY 4, 1983
UNDER REG)RDTNG NO. 8302fi0103, BEING A PORTTON OF THE SOUTHT'VEST QUARTER OF
THE I{ORTHWEST QT ARTER OF SECTION 5, TOWNSHIP 23 NORTH, MNGE I EAST, W.t4.,
RECORDS OF KISAP COUNTY, WASHINGTON.
PARCEL &1:
AN HSEMENT FOR INGRESS AND EGRESS AS DEUNEATED ON I.ARGE IOT SUBDMSION
ACCORDINGTO SURVEY RE@RDED FEBRUARY4, 1983 UNDER RE@RDING NO. St02H0103,
BEII{G A PORTTON OF THE SOUT}TWEST QUARTER OF THE T{oRTTMTEST QUARTER OF SECTTON
5, TOWNSHIP Zt NORTH, RANGE I EAST, W.M., RE@RDS OF KrTSA,p CDUNTY, WASHINGTON.
PARCEL &2:
A1{ EASEMENT FOR INGRESS AND EGRESS AS GRAI{TED BY RE@RDING NO. 2(XF031,IO386.
PARCEL C:
A PoRTION OF THE EAST HAI..F OF THE WEST HAIF OF SECTION t TOWNSHIP Zt trtORTH,
RAttGE 1 EAST, W.M., KITSAP @UNTY, WASHINGTON, MORE PARnqrLA,RLy DESCRTBED AS
FOI.LOWS:
@MMENCXNG ATTHE SOUTH QUARTER @RNER OF SAID SECTTON 5;
THENG NORTH 88034'43o WESTALONG THE SOUTH UNE OF SAID SEC]ION, 1291.06 FEETTO
THE SOUTHWEST CORNER OF THE EAST HAIF OF THE SOUTHEAST QT ARTER OF SArD
SECTION 5;
THENCE NORIH 2O4IO6N EASTALONGTT{E WESTUT{EOFSAID EASTTIAI.f OFTHE
sottmEAsT QUARTER, 2399.19 FEET TO THE FOINT OF BEGINNING;
THENG COT,ITINUING NORTH 204906' EASTALONG SAID WEST UNE, 239.23 FEETTO THE
NORTHWEST@RNER OFTHE EAST HAr.f OFTHE SOUTHWESTQUARTER;
THENCE NORTTI 204908" EAST ALONG THE WEST UNE OF THE EAST HALF OF THE
NORTHWEST QUARTE& 5.3+ FEil
THENCE SOUIH 8800710' EASTAND ]EAVING SAID WEST UNE, U7.94 FEED
Tn{ENCE 146.07 FEETALONG THE ARC OF A 22O.OO FOOT RADIUS CI'RVE TO THE RIGHT, SAID
Ct R\G HAVING AC}IORD BEARING SOUTH 69o0t5y EAS[, 143./t0 FEET;
THENG SOT TH 50o04',38n EAST,448.12 FEEI
THENCE 67.12 FEETAIONG THE ARC OF A t0.00 FOOT MDIUS q,R\,E TO THE RIGHT, SAID
clrRvE HAVING A CHORD BEARING SOUTH 46q42'.L+ EASr, 67.08 FEEI
THENCE SOUTH 49053'06" WEST,284.{ FEET;
THENCE NORTH 40006'9+" WEST,347.g3 FEft
TI|ENCE NORTH 63o2945'WEST, 187.92 FEET;
THENG SOUTH 64o25'53n WEST, 51.62 FEET TO THE POINT OF BEGINNING.
(BEING KNOWN AS RESULTANT PARCEL C OF BOUNDARY UNE ADJI ST|T|ENT UNDER
RECORDING NO. 2007042ffi225, A RE-RECORD OF RECORDING NO. 200506170352.)
PARCEL D:
A poRTroN oFTHE EAST HA|F OFTHE WEST t{Atf OF SECnON 5, TOWNSHIP 23 NORTH,
RANGE 1 EAST, W.M., KITSAP COUNTY, WNHINGTON, MORE PARTIqTLARLY DESCRIBED As
FOIOWS:
COMMENCXNG ATTHE SOUTH QUARTER CORNER OF SAID SECTION 5;
THENCE NORTH 2O58'52N EASTALONG THE NORTH.SOUTH CENTERUNE OF SAID SECTION,
1915.85 FEETTO THE POINTOF BEGINNING;
THENCE COITTINUING NORTH 2058'52" EASTALONG SAID CENTERLINE, 86.11 FEET;
THENG SOUTH 47o08',54n WESTAND TEAVING SAID CENTERUNE, 6t.77 FEET;
THENCE 40,4.57 FEET ALONG THE ARC OF A 22O.OO FOOT RADIUS CI,RVE TO THE RIGHT, SAID
clrRvE HAVING A CHORD BEARING NORTH 80o10'12n WEST, 349.92 FEET;
THENCE NORTH 27o2EL8" WEST, 185.70 FEET;
fiENCE 248.38 FEET ALONG THE ARC OF A 630.00 FOOT RADIUS CURVE TO THE LEFT, SAID
CURVE HAVING A CHORD BEARING NORTH 38046'58" WEST, 246.77 FEEI;
THENCE NORTH 50o04'38n WEST, ++8.12 FEET;
THENCE 185.91 FEET ALONG THE ARC OF A 280.00 FOOT RADIUS TO THE IEFT, SAID CURVE
HAVING A CHORD BEARING NORTH 69o0y54'WES[, 182.5r FEET;
THENCE NORTH 88o07'10n WEST, 116.96 FEET TO A POINT ON THE WEST UNE OF THE EAST
HAI'F OF THE WEST HAI.F OF SAID SECTION 5;
THENCE SOtrIH 2o4908n WESTALONG SAID WEST UNE, 60.01 FEET;
THENCE SOUTH 88o07'10u EASTAND TEAVING SAID WEST LINE, 117.94 FEET;
THENCE 146,07 FEET ALONG THE ARC OF A 22O.OO FOOT RADIUS CURVE TO THE RIGHT, SAID
clrRVE HAVING A CHORD BEARING SOUTH 690S5y EAST, 143.40 FEET;
THENCE SOUfi 50o04'38n EAST, /+48.12 FEET;
THENCE 224.72 FEET ALONG THE ARC OF A 570.00 FOOT RADIUS CT RVE TO THE RIGHT, SAID
clrRvE HAVING A CHORD BEARING SOUTH 38046'58' Et61t,223.27 FEEfi
THENCE SOUTH 27o2EL8" EAST, 186.70 FEE[;
THENCE 514.90 FEETALONG THE ARC OF A 280.00 FOOT RADIUS CURVE TO THE tEFT, SAID
CURVE HAVING A CHORD BEARING SOUTH 8OO1O,12N EAST, ,145.36 FEETTO THE FOINT OF
BEGINNING.
(BEING KNOWN AS RESULTANT PARCEL D OF BOUNDARY UNE ADJUSruENT UNDER
RECORDING NO.2007042ffi225, A RE-RECORD OF RECORDING NO. 200506170352.)