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Home My WebLink About3800 SAM CHRISTOPHERSON AVE W Return Address: City Clerk � City of Bremerton 345 Sixth Street, Suite 600 Bremerton, WA 98337 � 20091229 BREMERTON CITY OF Page � of 6 qgreement Rec Fee. $ 67 00 12129/2009 11:51 RM � Walter Washin9ton� Kitsap Co Ruditor � ��e��1��1��1��1�� `� 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. Rose V. Kelly x� Additional names on page 3 of document. Grantee(s): 1. The City of Bremerton � Additional names on page 4 of document. Legal Description: A portion of the SW '/4 of the NE '/4 in Sec. 32, T24N R 1 E., W.M. Kitsap Cownty, (abbreviated) Washington. x� Addirional legal is on page 5, 6 of document. Assessor's Property Tax Parcel/Account Number: � 322401-1-048-2001 Pro�ect Name: Gorst Sewerage System Project , ��CISE 1�e4X E1�E�P�@° DEC 2°120ng 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 of Bremerton, has made applicarion for city utilities; ; NOW, THEREFORE, the undersigned owner (hereinafter "Owner") of real property located at 3800 Sam Christopherson Ave W, Bremerton, Kitsap County, Washington, (hereinafter "Property"), legally described as: Page 1 of 6 Outside Utility Agreement � . SEE ATTACHED EXHIBIT "A" and the City of Bremerton (hereinafter "City"), in consideration of the mutual covenants set forth herein including the fiunishing of urility services by the City of Bremertoq do hereby promise and agree as follows: 1. Services Provided. City of Bremerton shall provide utility services consistent with service areas defined by the City comprehensive utility plans as amended, and terms and condirions of a current Letter of Availability from the Bremerton Urilities 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 properiy 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. Annexarion. 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 Norice of Intent or Petition . for Annexarion presented to the City of Bremerton. The annexation peririon supported by this Power may include proportional assumption of the City indebtedness by the area to be annexed. The peririon shall require the concurrent adoprion of land uses designated in any urban fringe comprehensive plan approved for the annexarion 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. Violarion 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 consritute 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. , Page 2 of 6 Outside Utility Agreement OWNER: DATED: ��.G �- 9 ` GU q BY: � � / Rose V. K Y STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP� ) On this � day of , 2009, before me a Notary Public in and for the State of Washington, personally appeared Rose V. Kelly to me known to be the individual that executed the foregoing instrument, and acknowledged it to be the free and voluntary act, for the uses and purposes mentioned in this instrument, and on oath stated that he/she/they were authorized to execute said instrument. -Notary Seal Must Appear W�thin Thes Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day a��U��ove written. : ��P'�� ERTy � , i � _ � o t�►R r � � ' c �► .� �° � pUe �G� �o ` Notary Public in and for the State of Washington, � m � � residing at: Bremerton ��i WPS��``��` My appointment expires: 7/18/2013 �,'�nimumt�t�� Page 3 of 6 Outside Utility Agreement CITY OF BREMERTON DATED:�i�� `�"� BY: Patty Lent, Mayor DEPAR NTAL APPROVAL: r� � Phil Williams, Director of Public Works and Utilities APPROVED AS TO FORM: Roger L ovich, Bremerto i orney RECEIVED FOR FILING: Carol Etgen, C' Clerk 1167279_OUA_Kelly_3800_Sam_Christopherson.doc Page 4 of 6 Outside Utility Agreement . EXHIBIT "A" � A PORTION OF SECTION 32, TOWNSHII' 24 N., RANGE 1 E.; WII.,LAMETTE MERIDIAN TAX ASSESSOR'S ACCOUNT NUMBER RP ID � ADDRESS 3800 SAM CHRISTOPHERSON 322401-1-048-2001 1167279 AVE W � LEGAL DESCRIPTION 32241E , , PAR(1) TH PTN OF SWl/4 NEl/4 OF SEC 32 DAF BAT SW COR OF SWl/4 NEl/4 OF SD SEC 32 TH S88*25'21.SE ALG S LN THOF 464.54 FT TH Nl*40'36E 326.90FT� TAP HRIN CALLED PT A FOR REF PURP TH CONT Nl*40'36E 314.68FT M/L TO S MGN OF WEST OLD BELFAIR VALLEY RD (NAVY YARD HWY) TH N88*38'W ALG SD MGN 94.21FT TAP HRIN CALLED PT B FOR REF PURP TH S1*40'36W 223.SOFT TO TPOB TH S1*40'36W TAP N86* 19'46W OF PT A TH S86*19'46E � 94.81FT TO PT A TH Nl*40'36E TAP S88*25'21.5 E OF TPOB TH N88*25'21.SW TO TPOB EXCEPT THAT PORTION TO KITSAP COUNTY FOR ROAD PER AF# 8706240125 PAR (2) AN ESMT FOR I& E OVER A STRIP OF LAND 16FT IN WIDTH THE CTRLN BEING DAF BAT SW COR OF HERETOFORE DESC PAR 1 AND THE TPOB TH Nl*40'36E TO PT B AND TERM OF SD CTRLN EXC TH PTN THOF WHIN PAR 1 HERETOFORE DESC »PT OF SWl/4 NEl/4 PARCEL 1 DES AS FOLS BAAP ON S LN OF SD SUBD DIST S 88*25'21.5 E 464.54FT FROM SW COR TF RUN N 1*40'36 E 326.90FT THIS PT IS THE STARTING PT FOR THE BDRY OF PROP DES HEREIN FROM THIS PT S 86*19'46 E 67.92FT TH S 1*40'36 W 111.20FT TH N 88*25'22 W 67.92FT TH N 1*40'36 E 113.68FT TO STARTING PT PARCEL 2 THAT PT OF SWl/4 NE1/4 DES AS FOLS BAAP ON S LN OF SD SUBD DIST S 88*25'21.5 E 464.54FT FROM SW COR TF RUN TH N 1*40'36 E 326.90FT TH N 86*19'46 W 94.81FT TH S 1*40'36 W TO S LN OF SD SUBD TH S 88*25'21.5 E TO POB EXCEPT THAT PORTION TO HITSAP COUNTY FOR ROAD PER AF#8706240125 TGW EASEMENT FOR INGRESS, EGRESS & UTILITIES AS REC PER VOL 779/367 � Page 5 of 6 Outside Utility Agreement EXHIBIT "A" CONTINUED w;�.�� `;;y:��. � , w � ; �� ,��n� � �: � o'� � � �oa�sa �r � � �aaaoi-i•oss-aooi � 4 '� ' 'A�;�`` �, � ,' C*�.RCIAJANEf K � _ ,. ti � ' � � � 3873 W BELFAIIt�TAId.EYItI} �t o � ��.�. � �;:�.�,�. y .: � �� r��_ �� ` � !�' � , � ``� � �� a � � ' q� (�� c' �. , � g � � , ..,�� ;�' �; x b� � � a« � ,�� , s ��u'3��•; s � �� _,� ,:,".« )„'^�:z � � � $ ..L i ��'� � � � � :•�'CA 2�, �� '� . �� _ � � � � � � �� :� �� ,.3 (11 1—� � ��. y . � m $�� S �� m � ��'� $ � � � � m �; � m � r � $ � irt�s ��"� ��'�� a � � � 6' y � z A . �f ; . � �� .a ti �� 1 b22 322�401�-�-071-24D5 901-4-474-2062 322�401�-4-075-2001 '� LI G BERNARD ° �e�� TdLLEF5 O�T SIIItNAL 4179 ST � ��" 44?5 STATEHV�IY3 W k>�; c�G��i��n o°'rpR. . S NOTE � � RECOqDING AND COPYING 1fV5�'t��,��NT WHElV HEGE � OF r ' � E � . HIS Page 6 of 6 Outside Utility Agreement