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Home My WebLink About4159 & 4163 STATE HWY 3 W Return Address: - City Clerk City of Bremerton 345 Sixth Street, Suite 600 Bremerton, WA 98337 i REMERTON CITY OF 200912290255 Rgreement Rec Fee $ 68 0a � Walter Co Ruditor Page 1 of 7 � Ii�ll�� iillll II� II�i II�III� ililll IUI IIII II��I II�II illll{I III illll UIII il�l� IIII IIII ' , 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. Bernard & Susie Waldbillig � Additional names on page 3, 4 of document. Grantee(s): 1. The City of Bremerton x❑ Additional names on page 5 of document. Legal Description: A portion of the NW '/o of the SE '/4 in Sec. 32, T24N R 1 E., W.M. Kitsap County, (abbreviated) Washington. � Additional legal is on page 6, 7 of document. Assessor's Property Tax Parcel/Account Number: 322401-4-093-2009 Project Name: G01'St S@We�B e S stem Pro'ect -,,, �� 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 application for city utilities; NOW, THEREFORE, the undersigned owner (hereinafter "Owner") of real properiy located at 4159 and 4163 State HWY 3 W, Bremerton, Kitsap Counry, Washington, (hereinafter "Property"), legally described as: SEE ATTACHED EXHIBIT "A" Page 1 of 7 Outside Utdity Agreement 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 defined 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 Charees. 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. Utilitv Im�rovements. Sewer service for a single family residence. 5. Annexation. Owner, by signing below, gants 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. T'he 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 properly 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. Page 2 of 7 , Outside Utility Agreement OWNER: DATED: 2 8� BY: Bernard Wald ' STATE OF WASHINGTON ) � ) ss. COUNTY OF KITSAP ) On this � day of /Y�� .� , 2009, before me a Notary Public in and for the State of Washington, personally appeared Bernard Waldbillig 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�thrn Th:s Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and �N�il��ve written. ; �� P `lNE QE ��' _ � � �ptAqy G � - ---- � � = i v �pv ��G �+ Notary Public in and for the State of Washington, � ��, ,�o � residing at: Bremerton ��'��i9��OF WAS`�`��`�\` My appointment expires: 7/18/2013 �nnm+�� Page 3 of 7 Outside Utility Agreement OWNER: < DATED: �'� 3 `" � � Susie Wal billig -- STATE OF WASHiNGTON ) ) ss. COUNTY OF KITSAP ) On this � day of ,; y��-�G�- , 2009, before me a Notary Public in and for the State of Washington, personally appeared Susie Waldbillig 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 Wrthen Thrs Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day ar��i��qve written. ` ��p� Ar �' s � � �� ^ , � v ��p 18 � G r� Notary Public in and for the State of Washington, �B� o - � d'� p"` � residing at: Bremerton ��ii�9�F0� WpS��,�`�� My appointment expires: 7/18/2013 • ��ir�unnt�� Page 4 of 7 Outside Utdity Agreement � . CITY OF BREMERTON � DATED: I2 " � � ' �q � BY: Pa ent, ayor � DEP TAL APPROVAL: c Phil Williams, Director of Public Works and Uhhhes APPROVED AS TO FORM: Roger bovich, Bremerton City Attorney RECEIVED FOR FILING: � � � Carol Etgen, ity erk 2073336_OUA Waldbilhg_4159_and 4163_State_HWY 3_W.doc Page 5 of 7 Outside Utility Agreement EXHIBIT "A" A PORTION OF SECTION 32, TOWNSHIP 24 N., RANGE 1 E.; WII,LAMETTE MERIDIAN TAX ASSESSOR'S ACCOUNT NUMBER RP ID ADDRESS 322401-4-093-2009 2073336 4159 & 4163 STATE HWY 3 W LEGAL DESCRIPTION 32241E THAT PORTION OF THE FOLLOWING DESCRIBED PROPERTY LYING NORTH OF STATE HWY #14; THE EAST ONE ACRE OF THE WEST 5 ACRES OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND THE WEST HALF OF THE WEST ONE ACRE OF THE EAST 5 ACRES OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER; AND THE EAST HALF OF THE WEST ONE ACRE OF THE EAST 5 ACRES OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER ALL IN SECTION 32, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN HITSAP COUNTY, WASHINGTON. Page 6 of 7 Outside Utdity Agreement EXHIBIT "A" CONTINUED �' �� „ �` ��.� ;t�; �� k �� a i ^�i r,�, ' t� L ,� �' j � y � } r 2 � Y d ` m�,aG.� � � a � }� � 9 � ° .R`"}� ' Y v� e£ s r}� � J�"�y � ��, w Yi 5.+� � `j6 � aa'4 w�R�RI � � � � L � * �� s�'� �`- �� i +,� �¢`'� e1'� a.., p � .„ �P.wi w �� ,�""" ��f , �� V+ ✓ '� 5 c t� � i � t �� z '� ��'` , �; �� ,�¢ o T a ,�� * � � � �� M � � �� v��" � ��'� � _�� `° : � � � � �,_ � .� � �,d�� . � ;�, �3� " � �� ,�,. ' x � � °`� ��r� �_ � � e�� f� � � �r �� - { �°� � y�.. � "� }�� "� ..a� , / a � � � � �� w �� '� � � ¢ �� , '} ` d {� �„^T,�-��M � � a ` � M 4 � '�„.� -�°: z ��`�� , �� ' '� g` j , � �y�, �� C z.�<� �' §�. t = 3 �� , �.5�� j � m.a �� x�� P ° � `e ` c d'" . �,�}�` ' 4 i ,�, , � k � ` a -T � ' � 1 ' �-k �' �' � '�,�' � � �g�3�.°�,' � " � `'�. �fif`� �� ` �€ . ,�- �^_�� . ", � ��i � �, �,d' j € �� 9' g�+ �Y°' . F k�W..�.y��<" r t�4�� 'KK �u��'i „�' �'�� A� z� b 3� �- <�`.,;� ' � �.��,��,„��' �� Sr i, . � ` .� „ "?" ,� e , r"7M; � �;r�T „.. �-.�"�'r�� *� ��,. , �� t� ^t �- z �y u" '_. a„ m"��.� � �� /�� `>a�c� � .. ��.�' �.� ;�a. T r �J iF�.!'+fA� �� ^ _z -' `� tl.."�4 ,� �*..-xr.,� y, �6 <'T �^ " •.} R''r �. ��$Ye°.d'." � s�,s,,,,,,� '�� ,... ��° „,�� ,� �� . � ' � �'�' � `�� F��d�L � y4 � �� .' „��° z��'"9�!^'si�f,u�� y.-' #� Y , 1��1LDBILLI� BER�1�4R� & �U�IE �� , , �y = 3�� Q �1 �L =[�� 3 -� � �'� �� , �' �� -��-,� � , � E . ,�_t � �� op�r�ght � 2��I�itsap�'��ount� �,_ �_ n.�. �__w �'�� . AUDITOR'S N�TE L�GIBILITY FOR RECORDING AND COPYING UNSATISFACTORY IN A PORTION OF THIS IN5TpUMENT WHEN RECEIVED, Page 7 of 7 Outside Utdity Agreement