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Home My WebLink About1235 NW DARLING RD Return Address: City Clerk City ofBremerton 345 Sixth Street, Suite 600 Bremerton, WA 98337 BREMER TON CITY OF 200711160032 Agreement Rec Fee: $ 45.00 11/16/2007 11: 18 AM Page' 1 f 6 Karen Flynn, Kitsap Co Auditor . 0 111111111111111111111111111111111111111111111111111111111111111111111111111111111/11111111 EXCISE TAX EXEMPT NOV 1 5 2007 AUDITOR/RECORDER'S INDEXING FORM Document Title(s): 1. Outside Utilities Agreement Reference Number(s) of Documents assigned or released: N/A Grantor(s): 1. Thomas D. & Cheri L Bergquist ~ Additional names on page 2 of document. Grantee(s): 1. The City of Bremerton ~ Additional names on page 4 of document. Legal Description: A portion of the NW V4 of the NW V4 in Sec. 34, T25N R I E., W.M. Kitsap County, (abbreviated) Washington. ~ Additional legal is on page 5 of document. Assessor's Property Tax Parcel/Account Number: 4419-000-005-0200 Project Name: 9 Lot Short Plat-family water services 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 of a parcel outside the City ofBremerton, has made application for city utilities; NOW, THEREFORE, the undersigned owner (hereinafter "Owner") of real property located at 1235 NW Darling Road, Kitsap County, Washington, (hereinafter "Property"), legally described as: Page 1 of 6 SEE A TT ACHED EXHIBIT" 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 ofBremerton, do hereby promise and agree as follows: I. Services Provided. City ofBremerton 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. Water services for nine family residences. 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 ofIntent 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 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 County Auditor. '\.. OWNER(S): DATED: /0 - 2-- fJ 1 - ITY OF 200111160032 BREMERTON CF . $ 45.00 Page. 2 of 6 Agreement Rec ee. fliflifl;lll~rillill~ij ~Iiiillllnllrll~ !li~[1I IIIIIII III IIIII III1I IIIII 11111111 STATE OF WASHINGTON ) : ss. COUNTY OF KITSAP ) On this day, before me, the undersigneq, a Notary Public in and for the State of Washington, personally appeared 7f".J"",Ifft.) J) ;j6~tf.WJ f '1 Cj,~r"L ai:~' ~""/)'P , to me known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this O:l day of Oc.... 'T 0 (I t:.~ /'2. ,2007 J. {. .111 v./ f-~,~ ~""'"t1"~ At~:~i~:~l~;X 10 ~ "'10 \ I (,j~O"ARY' I i ,\ _e- 1. ~ .,.\~ ~ ~/~l ~~~~ 16 tfJ/G6 ~~~FW;:s~q ~""'"","\\\\~ Notary Public in and for the State of Washington, residing at: My appointment expires: 9 - ~ - dO / I "" ... 200711160032 BREMERTO~c CF~~Y $Ofs_l1lo Page- \ii~~~lfli~~\nliiill\i\\I~~\U~1 1\\\1\1\1\\\11\1\1\1\1\1111\\\11\ " f'ag"e 3 of 6 3 of 6 DATED: /~f7 BY: c;!J~ Phil Williams, Director of Public Works and Utilities RECEIVED FOR FILING: ~~&y~J C~V"o\ Et-S City Clerk [\jI]1235 NWDarlingoua,doc 200711160032 BREMERTON CITY $Of5.00 Page 4 of 6 eement Reo Fee. rii€fl\li~iilil\~il ~Iriilll 1811\1111 ~Ii iill IIIIIII 1IIIIIII IIIII II1I1 IIII III! '-dye 4 of 6 EXHIBIT" A" A PORTION OF SECTION 34, TOWNSHIP 25 N., RANGE 1 E.; WILLAMETTE MERIDIAN TAX ASSESSOR'S NUMBER 4419-000-005-0200 LEGAL DESCRIPTION RESUL TANT PARCEL 2 OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO. 200611020050, RECORDS OF KIT SAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: PARCEL A: LOT 6, FAIRVIEW BEACH, ACCORDING TO PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 114, RECORDS OF KITSAP COUNTY, WASHINGTON; TOGETHER WITH SECOND CLASS TIDE LANDS ADJOINING. PARCEL B: THAT PORTION OF LOT 7, FAIRVIEW BEACH, AS RECORDED IN VOLUME 3 OF PLATS, PAGE 114, RECORDS OF KITSAP COUNTY, WASHINGTON, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF SAID LOT 7; THENCE SOUTH 31 *43'20" WEST ALONG THE EASTERLY LINE THEREOF, A DISTANCE OF 446.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 31 *43'20" WEST A DISTANCE OF 278.00 FEET; THENCE NORTH 26*53'20" EAST A DISTANCE OF 23.74 FEET; THENCE NORTH 31 *43'20" EAST A DISTANCE OF 225.76 FEET; THENCE NORTH 35*43'20" EAST A DISTANCE OF 28.67 FEET TO THE TRUE POINT OF BEGINNING. PARCEL C: THAT PORTION OF LOT 5, FAIRVIEW BEACH, AS RECORDED IN VOLUME 3 OF PLATS, PAGE 114, RECORDS OF KITSAP COUNTY, WASHINGTON, LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHWESTERL Y CORNER OF SAID LOT 5; THENCE SOUTH 26*36'15" WEST ALONG THE WEST LINE THEREOF 661.19 FEET TO THE POINT OF BEGINNING OF THIS LINE; THENCE SOUTH 58*16'40" EAST 115.46 FEET, MORE OR LESS, TO THE EASTERLY LINE OF SAID LOT 5 AND THE POINT OF TERMINATION OF THIS LINE; SUBJECT TO AN ACCESS AND UTILITY EASEMENT, OVER, UNDER AND ACROSS A 50.00 FOOT WIDE STRIP, BEING 20 FEET WESTERLY AND 30 FEET EASTERLY OF THE FOLLOWING DESCRIBED OFFSET CENTERLINE: COMMENCING AT THE NORTHWEST CORNER OF LOT 6, SAID PLAT OF FAIRVIEW BEACH; THENCE SOUTH 49*21 '20" EAST ALONG THE NORTHERLY LINE THEREOF 20.24 FEET TO A POINT ON A LINE WHICH LIES PARALLEL WITH AND 20 FEET EASTERLY OF THE WESTERLY LINE OF SAID LOT 6; THENCE SOUTH 31 *43'20" WEST ALONG SAID LINE 451.57 FEET TO THE BEGINNING OF A 75.00 FOOT RADIUS CURVE; THENCE ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 62*30'48" FOR AN ARC DISTANCE OF 81.83 FEET TO A POINT OF COMPOUND CURVATURE ON A 75.00 FOOT RADIUS CURVE; THENCE ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 57*23'31" FOR AN ARC DISTANCE OF 75.13 FEET; THENCE SOUTH 26*36'03" WEST 86.66 FEET TO THE POINT OF TERMINATION OF THIS CENTERLINE. - 200711160032 BREMERTON CITY $Ofsl2ll2l Page: S of 6 ent Rec Fee. \iif;li~lflil\~\i~lf~II1"II\!i 1\11 iill 111\111 III IIIII 111.11111 IIII 1111 . 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D & CHERI L BERGQUIST THOMAS , 4419-000-005-~200 County 2007 ' Copyright @,Kltsap BREMER TON CITY OF 200711160032 Agreement Reo Fee; $ 45.00 """2"7 "," AM po,., 'p, 6 Karen Flynn, Kitsap Co AUditor IIIIIIIIIIIIIIBIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIMIIIIIIIIIIIIIIIIIIII Page 6 of 6