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ORD 73-24 ANNEXATION OF REAL PROPERTYORDINANCE NO. ~--~ AN ORDINANCE PROVIDING FOR THE ANNEXATION TO THE CITY OF WINSLOW OF CERTAIN CONTIG- UOUS UNINCORPORATED PROPERTY, LYING GENERALLY NORTH OF THE CITY LIMITS O~ WEST OF STATE HIGHWAY 305 Pursuant to the provisions of RCW 35A.14,120 through 35A.14,150 the owners of the real property described herein have petitioned the City of Winslow for annexation thereto and that all procedural steps required by RCW 35A. 14.120 through 35A.14.150 have been complied with and the Kitsap County Boundary Review Board did on '~C~J ;~ , 19 ~ approve said annexation, and because the p ition agreed to be assessed and taxed at the same rate and on the same basis as the property of the present City of Winslow and to pay for any of then outstanding indebtedness to said City to which said area is annexed, contracted prior to, or existing at the date of annexation, and the Winslow Planning Commission has recommended the zoning classifications requested by the petitioners, now, therefore, THE CITY COUNCIL OF THE CITY OF WINSLOW, WASHINGTON, DO~ ORDAIN AS FOLLOWS: Section 1. That the following described real property is hereby annexed to the City of Winslow: PARCEL 1. The South half of the South half of the Northwest quarter of the Southwest quarter, the North quarter of the Southwest quarter.of the Southwest quarter, the South half of the North half of the Southwest quarter of the Southwest quarter all in Section 23, Twp. 25 N., Range 2 East, W.M. EXCEPT roads; situate in Kitsap County, Washington. PARCEL 2. The East half of the Southeast quarter of the Southwest quarter of the Southwest quarter of Section 23, Twp. 25 N., Range 2 East, W.M. EXCEPT roads, and that portion recently deeded to the State of Washington for Right of Way for Secondary Highway No. 21-A, containing approxi- mately 3.85 acres, more or less. The East 66 feet of the West half of the Southeast quarter of the Southwest quarter of the Southwest quarter, Section 23, Twp. 25 N., Range 2 East, W.M. PARCEL 3. The Southeast quarter of the Southwest quarter of the Southwest quarter, Section 23, Twp. 25 N., Range 2 East, W.M. EXCEPT the East 66 feet of the west half of the Southeast quarter of the Southwest quarter of the Southwest quarter, Section 23, Twp. 25 N., Range 2 East, W.M., EXCEPT roads and EXCEPTING also what formerly constituted the East half of said South- east quarter, to-wit -- a parcel of approximately 3.85 acres sold to the above named "Parcel 2" by Real Estate Contract dated Jan. 5, 1954; and also a strip of approximately 1.15 acres deeded about the same time to the State of Washington as a right of way for Secondary Highway No. 21-A. PARCEL 4. The Southwest quarter of the Southwest quarter of the Southwest quarter Section 23, Twp. 25 N., Range 2 East W.M. EXCEPT roads, situated in Kitsap County, Wash. That the following zoning classifications under the Winslow Zoning Ordinance No. 69-16 shall be applicable to the above properties: PARCEL 1 RML- 2000 PARCEL 2 BL PARCEL 3 BL PARCEL 4 RML- 2000 That upon such annexation said property be assessed and taxed at the same rate and on the same basis as the properties of the City of Winslow are assessed and taxed to pay for any then outstanding indebtedness of the City contracted prior to or exist- ing at the effective date of annexation. That upon the effective date of this ordinance a certified copy thereof shall be filed with the Kitsap County Com- missioner, Kitsap County, Washington. That this ordinance shall take effect five days after its adoption and publication as required by law. PASSED THIS P.&r~C day of December~ 1973 /,, ·" '~" ~L..-' z ~ ......... ""--- -: ~-.~ .. _. Mayor / 'GINA _ AGREEMENT It is hereby agreed between the CITY OF WINSLOW, a municipal corporation, hereinafter called the "City", and HE COKP~O~RATI 0 ~ C CHBISHOP OF EATTLE; ~, 1"'/. * erelnafter called "Owners , as ~ollows: 1. CONSIDERATION: The consideration for this agreement are the mutual covenants contained herein and the adoption by the City of Winslow of Ordinance No. 73-,:~ , a true and exact copy of which is attached hereto as Exhibit 1 and by this reference incorporated herein as if fully set forth at this point. 2. STREET IMPROVEMENT: In accordance with the City's statutorily required street improvement program, the City agrees to widen and resurface High School Road which adjoins the property described in Exhibit 1 on the South which widehing and resurfacing will be in accordance with standard specifications for street improvements and will consist of storm drainage, paving to a width of 40 feet and a 5 foot sidewalk located on both the north and south side of said property. Upon request of the City the Owners agree to dedicate · at no cost to the City sufficient property to provide a 60 foot right-of-way. It is specifically understood and agreed between the parties that the cost of resurfacing and widening High School Road will be borne by the abutting property owners and the City reserves the right to negotiate with the abutting property owners, including the parties to this agreement for payment of said improvements, or to create a local improvement district to finance said improvements. Owners agree that in the event a local improvement district is formed to finance the street improvements referred to in this paragraph, Original Agreement filed in DOC - Agreement BEt 4 I 14 4 Owners will not object to the formation of said local improve- ment district and waive their right to do so. Nothing con- tained heroin shall be deemed a waiver by owners of their right to object to the method or amount of assessment in the manner provided by law. 3. WATER SERVICE: Upon request of the Owners the City agrees to install water service to the property des- cribed in Exhibit 1 which water line will be located on the East side of Madison Avenue and extended along the entire length of the annexed property. The City shall have the option to install a loop system to serve the annexed property which shall consist of an additional 6 inch line located on ~he East side of the property described in Exhibit 1 and which connects with the existing 10 inch line located in the Village area of the City of Winslow. Cost of the extension of said line and connection with the existing 12 inch line located approximately 400 feet south of High School Road plus installation of one fire hydrant and 6 inch loop system shall be at the Owners' sole expense. It is recognized that the City may elect to provide oversized or additional water service to serve additional areas to be annexed to the City of Winslow and that the cost of the additional or oversized lines shall not be the cost of the Owners. The Owners agree that in the event a more complete or extensive water system to serve additional properties is installed other than as referred to in this agreement, the City may negotiate directly with all property o~mers involved for payment of the cost of said water improve- ments or, at its option, form a local improvement district to finance the cost therefor and the Owners will not object to the formation of said local improvement district and waive 4 9[rll 4 5 their right to do so. Nothing contained herein shall be deemed a waiver by Owners of their right to object to the method or amount of assessment in the manner provided by law. 4. SEWER SERVICE: The parties to this agreement recognize that the existing sewage treatment plant of the City of Winslow is inadequate to accommodate additional sewage volume and therefore the Owners agree not to request municipal sewage service to serve the annexed property until such time as it is determined by the City that the treatment plant is sufficient to accommodate the Owners sewage volume. If, however, the Owners elect to proceed with development of the property, the City agrees to permit the Owners to install and operate temporary sewage facilities located upon the real property described in Exhibit 1, which facilities shall be installed at the sole cost of the Owners and must meet the then existing County, State or City Health standards. In the event the City determines to provide municipal sewer service, the City agrees to provide a main sewer line to serve the annexed property which line shall be at the sole cost and expense of the Owners. If the City determines that a more extensive sewer line or system shall be installed to serve additional areas, the City may elect to form a local improvement district for the payment of said trunk line and the Owners agree not tq object to the formation of said local improvement district and waive their right to do so. Nothing contained herein shall be deemed as a waiver of the Owners' right to object to the amount or method of assessments in the manner provided by law. It is further understood and agreed that in the event the City extends a sewer trunk line across 49F 1146 the property described in Exhibit 1, the City shall be required to obtain an easement from the Owners either by negotiation or condemnation. The provisions of this agreement shall be deemed binding upon the parties hereto and their successors or assigns. DATED this 3/~zJ day of CO OF THE CATHOLIC ARCHBISHOP OF SEATT ATTEST: STATE OF WASHINGTON ) ) ss: COUNTY OF KITSAP ) STATE OF 'WASHINGTON ) ) ss: COUNTY OF KITSAP ) On this ~~ day of ~~~.~9~, 1973, before me, the undersigned, a Ndtary Public in and for the State of Washington, duly commissioned and sworn, personally appeared PAUL SAKAI and ISAMI NAKAO to me known to be the individuals described in and who executed the foregoing instrument and acknowledged to me that they signed and sealed the said instrument as their free and voluntary act and deed for the uses and purposes therein mentioned. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. N~Ry~V~B~LI~d f o r t h e before me, the und~rsignea, a Notary Public in and for the State of Washington, d y co 'ssioned and sworn, personally The Corpora-~on°wn ~o De ~ne t-~c~3~-~~ ' the institution tion of the that executed the foregoing instrument, and acknowledged the Catholic said instrument to be the free and voluntary act and deed of Archbishop said institution, for the uses and purposes therein mentioned, of Seattle and on oath stated that they were authorized to execute the said instrument and that the seal affixed is the corporate seal of said institution. WITNESS my hand and official seal hereto affixed the day and year first above written. flEEt .49 1i48