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Home My WebLink About3317 NW PHINNEY BAY DR :< .,. ,) Return Address: BREMER TON CITY OF 200710230092 Agreement Reo Fee: $ 44.00 C. Cl k ' 1 0/23/2007 11: 02 AM Ity er Karen Flynn, Kitsap Co Auditor Page' 1 of 5 ~17 ;i~~~~~:=tO~uite 60\jill~1I1111 rulllijll ~lll~I~I_IIII!1 1IIIIIIIlllij 1111111111111I111111111/ 1111 , - ._~- -----~ -- --- - --~ Bremerton, WA 98337 EXCISE TAX EXEMPT OCT 22 20071 AUDITOR/RECORDER'S INDEXING FORM Document Title(s): l. Outside Utilities Agreement Reference Number(s) of Documents assigned or released: N/A Grantor(s): l. Ryan J. and Karmen Penrose ~ Additional names on page 2 of document. Grantee(s): l. The City of Bremerton o Additional names on page 4 of document. Legal Description: A portion of the SW ~ of the SE ~ in Sec. 10, T24N R 1 E., W.M. Kitsap County, ( abbreviated) Washington. o Additional legal is on page 5 of document. Assessor's Property Tax Parcel/Account Number: 3786-000-010-0200 Project Name: - "j "Single-family-sewer service OUTSIDE UTILITIES AGREEMENT WHEREAS the Bremerton Municipal Code requires property outside the city boundaries to support annexation to the City ofBremerton 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 r~ utilities; NOW, THEREFORE, the undersigned owner (hereinafter "Owner") of real property located at 3317 NW Phinney Bay Dr., Kitsap County, Washington, (hereinafter "Property"), legally described as: Page 1 of 5 " . SEE ATTACHED EXIllBIT "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 defmed 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 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 of Bremerton comprehensive land use plan adopted pursuant to RCW 35.13.177 and any adopted subdivision and street standards of the City of Bremerton. 4. Utility Improvements. Sewer service for a single family residence. 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 ofBremerton. 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 nomevocable. 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 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 Coun Auditor. ~ ---. BY: ~B~~~;~ON CITY OF 200710230092 Rgreement Reo Fee: $ 44.00 Page' 2 of 5 10/23/~~07 11K~~s~~ Co Auditor \\iil~f\\I 1\\111111\ 1\111\ I~\ IIII! \UII\ \~I\ \\\\ \U\\~~I\~ III 'III' ~\~_~\ \~\ - " STATE OF WASHINGTON : ss. COUNTY OF KITSAP ) o this day, before me, the lUlders~d, a Notary Public in and for the State of Washington, personally appeared \ + '\'f . -( ~ , to me known to be the individual(s) d scribed in and who executed the within and foregoing instrument, and acknowledged that he/she/they signed the same as his/her/their free and vollUltary act and deed, for the uses and purposes therein mentioned. GIVEN 0UHk, my llimd ",d ofiiei,1 ".1 this lj5d'y of OJ.)J~ lJ. , 2007 '1111/1111/ \ \ i' I of " K 8ft ~, "" ",-,\~"";",,, ~.A""........... , ~~ \\ \SSION ~, VA"\. ~ ~ ~I~-,..."''o~~ l:'-t':', '~ -:.. ... ~, (j '<!>--- ... ~'O <$'.-('('\- ~ f N TAR~ ~ ;0 ~ - - ~.+- = - ~ ~~ PUBLIC'-= 2 - -p: -- 0 " ~ ... -:.. ~~...G"15_""'''' .,'A.c:::5 ,'" ..- " ,\ ~.'" ' ---~,~ oi'WAS~~~'\\" /'llllfUI!~!~\\ o ry Public in and for the State of Washington, re' g at: \l...\t~ Cv My appointment e~pirel: '2../5/ {I II BREMER TON CITY OF 200710230092 Agreement Ree Fee: $ 44.00 10/23/2007 11 :02 RM Page: 3 of 5 Karen Flynn, Kitsap Co Auditor 1111111111111111I11111111111111111111111111111111111111111111111111111111111111111111 Page 3 of 5 DATED:lO/~~ "1 BY OG;RT\3r Cary Bozeman, Mayor ? f ~1Z-- RECEIVED FOR FILING: Ch-l. <'~J:&.N1.11 _~ Paula Johnston, City Clerk r- I/~-- BREMERTON CITY OF 200710230092 Agreement Rec Fee: $ 44.00 P 4' 5 10/23/2007 11 :02 AM age. 0, Karen Flynn, Kitsap Co Auditor 111I1111111111111111111!llmlllllllliIJI~llllll~ 11111 ~~III ~~I~ 1111111111111 ~ _ _____ \\iIPhinney Bay 3317 oua.doc Page 4 of 5 EXHIBIT "A" A PORTION OF SECTION 10, TOWNSHIP 24 N., RANGE 1 E.; WILLAMETTE MERIDIAN TAX ASSESSOR'S NUMBER 3786-000-010-0200 LEGAL DESCRIPTION PHTI\TNEY BAY WATER FRONT TRACTS PARCEL I: THE EAST HALF OF TRACT 11, PHINNEY BAY WATER FRONT TRACTS, ACCORDING TO PLAT RECORDED IN VOLUME 4 OF PLATS, PAGE 17, IN KITSAP COUNTY, WASHINGTON; EXCEPT THE SOUTH 200 FEET; ALSO EXCEPT THE FOLLOWING DESCRIBED TRACT: BEGINNING AT A POINT WHERE THE EAST LINE OF TRACT 11 JOINS PHINNEY BAY AVENUE ON THE SOUTH; THENCE SOUTH 2*57'54" WEST 132.65 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 87*22'35" WEST 66 FEET; THENCE SOUTH 2*57'54" WEST 60 FEET; THENCE SOUTH 87*22'35" EAST 66 FEET; THENCE NORTH 2*57'54" EAST 60 FEET TO THE TRUE POINT OF BEGINNING; AND EXCEPT PHINNEY BAY ROAD. PARCEL IT: THE WEST 3 FEET OF THE FOLLOWING DESCRIBED PROPERTY: TRACT 10, PHINNEY BAY WATER FRONT TRACTS, ACCORDING TO PLAT RECORDED IN VOLUME 4 OF PLATS, PAGE 17, IN KITSAP COUNTY, WASHINGTON; EXCEPT THE SOUTH 260 FEET THEREOF; ALSO EXCEPT PORTION LYING NORTH OF PHINNEY BAY ROAD AND EXCEPT PHINNEY BAY ROAD. i . ;~l , * " ',n , I 4~ , .<t , ,~.,~.> r.t$~ '((F" .....1>" diN .:;r ,f" I '%'. ' '''''' .it,!'?;" .,&r' . ".:;>'::"::..~, . ;'ir# Pi 1\$i[E,Y BAj'ii?:R" , :01 'pd .::nij ,:W1,j , ~I 0" ;l:J ,1;9J:H,S} .. PENROSE RYAN J & KARMEN 3786-000..010';0200 Copyright @Kitsap County 2006 - - --- BREMERTON CITY OF 200110230092 Agreement Re0 Fce; $.44 00, Page- 5 of 5 10/23/2007 11K0ts~~ Co Auditor - \\iil~f\\\ il~l\l~1 111\1\ 1111 l\l\\~~l\~ \l,l\J\\1 \,,~ l\l~~ ~\~l lIllI, '\~\!l\ - ' ,_.