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Home My WebLink About17TH STREET 3 Return Address: City Clerk City of Bremerton 345 Sixth Street, Suite 600 Bremerton, W A 98337 BREMERTON CITY OF 200111200081 Agreement Reo Fee: $ 46.00 Page' 1 of 7 11/20/2007 10:14 AM . Ilifllif111 ill\IIIiI1III~lll\rlifl\111111Irlrllllli illIl 1\\1111 III 11111 11111 11\1\ 11\\ \11\ 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. Michael & Susan Newton, Roger & Kulli Newton o Additional names on page 2 of document. Grantee(s): 1. The City of Bremerton o Additional names on page 4 of document. Legal Description: A portion of the NE Y4 of the NE Y4 in Sec., 15 T24N R I E., W.M. Kitsap County, (abbreviated) Washington. o Additional legal is on page 5 of document. Assessor's Property Tax Parcel/Account Number: 3787-000-003-0703 Project Name: Single-family sewer service OUTSIDE UTILITIES AGREEMENT WHEREAS the Bremerton Municipal Code requITes 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 of Bremerton, has made application for city utilities; NOW, THEREFORE, the undersigned owner (hereinafter "Owner") of real property located at 17th Street, Bremerton , Kitsap County, Washington, (hereinafter "Property"), legally described as: Page I of5 SEE ATTACHED 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 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 ofBremerton. 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 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 ifnone 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. BREMER TON CITY OF . - . ~T7~0/~8~lr~ ~4e $ 46 00 200711200087 .. 11frfril111 Mllllii IIIllllilii, frlllllnlli1illrrl mlml 11I11I1I11I11 11111 II~;~. · 2 of 7 OWNER(S): DATED: /. 0 - r;- 07 ~~ BY: dw~ t/~~ - Susan Newton STATE OF WASHINGTON ) : ss. COUNTY OF KITSAP ) On this day, before me, the undersigned, a Notary Public in and for the State of Washington, personally appeared fY\ " C~ f\ J I N e vJ T 0 rl , 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.b day of 00 fob E -t- , 2007 b. L. S, Ilv ,fL:..J ~\\\\\\"'IIIII/1I1II',J. ~\~ \\..6ER8 ~~ #- to ................. l.t' ~~ ~ ":..~...:,\SSI04t~....~~~ :::::". .~. '.:11' ~ ;:::"/t:::) ~... ~ ~ ftj TAR' '\ % ::: : ~O y ~ - \ d)\....n ~UC ~)~i '::< :.A..~~: ~""'.,.l.O;::: ~ ~ -.. ."-::.... ~ ~ ~ :.>-~.......:..J.~,......~'" # ~/" Of:WAS'(\~ ~~~ ~11111/1II11111\\\\\\\\~ Notary Public in and for the State of Washington, residing at: My appointment expires: BREMER TON CITY OF 200711200087 Agreement Ree Fee: $ 46 00 11/20/2007 10.14 AM Karen Flynn, Kitsap Co Auditor Page. 3 of 7 11111111111111111111I11111I11111111[1111111111111I11111111I1111 III 11111 11111 11111 11111111 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT . County of Mt)'(\we,\J \ lb - \1 - 1..,O<J, before me, Date } State of California personally appeared \ \c;trJL-~ V\ t1; GV\C-<LI \2..\.,\,.,,'1(:)\ b I ~o-\-vvL-1 - Name and Title of Officer (e.g., "Jane Doe, Notary Public") St.'tscvn We-W+-O (\ Name(s) of Signer(s) PtApf,'( On D personally known to me ~ (or proved to me on the basis of satisfactory evidence) J@- :.;,,;;~-..:.,- ~ _ Commlulon # 1623446 i.; NotCJl'f PublIc .. CaUfornla i j' Merced County d . ............ ~~:..~....~2~2 to be the person(~ whose name(t) is/eFe subscribed to the within instrument and acknowledged to me that be/she/tl:le;t executed the same in RiS/her/tReir authorized capacity(~), and that by hts'/her/tAei-r signature(~ on the instrument the person(pl-; or the entity upon behalf of which the person(lj(-acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ~)Utsl clR... \) + \ \'; \- ., ..e.:s A-q r ~ '(IA...t..t\ 4- , to - \1 - 'Z-b~-' Number of Pages: \...0 Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer - Title(s): D Partner - D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Top of thumb here Signer's Name: D Individual D Corporate Officer - Title(s): D Partner - D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: Signer Is Representing: ( ~ BREMERTON CITY OF 200711200 @2006 National Notary Association. 9350 De Soto Ave., P.O. Box 24G Rgreemen tRee Fee. $ 46 00 087 11/20/2007 10:14 RM . Karen Flynn, Kitsap Co Auditor Page: 4 of 7 , 111~m~ ~IIII 1IIIIIIIIllm~~1 111111111111I1111111111111 11111111 11111 1111111111111 OWNER(S): DATED: 10 - 0) - 07 ~ BY: RogerNewto .. BY: ~;A./~/oh Kulli Newton ~ STATEOFWASHINGTON ) ss. COUNTY OF KITSAP ) On this day, before me, the undersigned, a Notary Public in and for the State of Washington, personally appeared ().f ,{ ,.J,;: vJ ~ IA. I " ('II ,.) , to me known to be the individual(s) descr ed in and who executed the within and foregoing instrument, and acknowledged that he/she/they signed the same as hislher/their free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this () S'- day of OC.iIJ~€K , 2007 ~\\\\\\I\lIII""IIIII" ~\~ BERS 1/~ ~ CO\~..............."~ ~ ~"""","-;;"\SS'ON~"""'~~ ;:;:" ~ ~""" '. ~ ~ ...."l"'...... -. ~ ;:: ..~ . \ ~ ~ rc.;~O,.ARY \ i ~ \ __e_ i 5 :::.' OIJ1!::IIl..C :.,..:::: ~ \ '---UI:J\..t "l ~ ~ ~ (j)....:...d\~ ~.......~A..O ~ '\ "1k:cr. 16 ~,'~0 ~ ~ ~ ~'O"'"'''''''''' '!(\\~ ~ ~" FWP.S 'Io.\\~ 1I11111"""I1\1\\\\\~ )~ ( r fl'ifJ6;(~ Notary Public in and for the State of Washington, residing at: My appointment expires: BREMERTON CITY OF 200711200087 Rgreement Ree Fee: $ 46.00 11/20/2007 10:14 RM Page 5 f- Karen Flynn, Kltsap Co Ruditor . 0 f . ~ 11111111111 111111111111111111111111111111111111111I1111111111111 III 11111 11111111111/111111 Page 3 of5 DATED / ~q lo? DEI'~PROVAL: · ~~ -J Phil Williams, Director of Public Works and Utilities APPROVED AS TO FORM: II ~ RECEIVED FOR FILING: ~/!IrU City Clerk I\i'INewton.oua4.doc BY: BREMERTON CITY OF 200711200087 Agreement Rec Fee: $ 46.00 . 11/20/200710:14 AM Page' 6 f 7 Karen Flynn, Kitsap Co Auditor . 0 . ,1111111111I1111111111111111 111111111111111111111 111111111 1111111 11111111111111111111111111 Page 4 of5 ~ " ~ EXHIBIT "A" A PORTION OF SECTION 15, TOWNSHIP 24 N., RANGE 1 E.; WILLAMETTE MERIDIAN TAX ASSESSOR'S NUMBER 3787-000-003-0703 LEGAL DESCRIPTION PHINNEY 2-112 ACRE TRACTS RESUL T ANT PARCEL B OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO. 200606200177, RECORDS OF KIT SAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THE EAST 100 FEET OF RESULTANT PARCEL "A" OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NUMBER 3070943, DESCRIBED AS FOLLOWS: LOT 3, PHINNEY 2 ~ ACRE TRACTS ACCORDING TO PLAT RECORDED IN VOLUME 5 OF PLATS, PAGE 1, IN KITSAP COUNTY, WASHINGTON; EXCEPT THE WEST 350 FEET THEREOF. ALSO, EXCEPT THE SOUTH 79 FEET THEREOF. TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER, UNDER AND ACROSS THE FOLLOWING DESCRIBED TRACT: THE NORTH 20 FEET OF LOT 11, BLOCK 3, MIDWAY ADDITION, ACCORDING TO PLAT RECORDED IN VOLUME 4 OF PLATS, PAGE 70, IN KIT SAP COUNTY, WASHINGTON. ALSO, THE NORTH 20 FEET OF THE EAST 30 FEET OF THE SOUTH 79 FEET OF THE EAST 100 FEET OF SAID RESULTANT PARCEL "A" OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NUMBER 3070943. I I I I f -i J I ! 1--1 ---. ~~- I_-J I I f- -~ I BREMERTON CITY OF 200711200087 I I I < J I !'Igreement Reo Fee: $ 46 00 NEWTON ROGER & KULLI & NEWTON MICHJj 11/20/2007 10: 14 !'1M. Page ~~~;~:~~O:3~~~~; c~unty ~007 I 1 ~ ~mlillll i1llmlilll~rllm~1111111~rlli1lnllllllllllllllllllllllllllllllll1111 I t- I -_u r- ~~~--.--l .. I I I 7 of 7 Page 5 of5