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Home My WebLink About4151 & 4155 STATE HWY 3 W Return Address: City Clerk City of Bremerton 345 Sixth Street, Suite 600 Bremerton, WA 98337 �----� CITY OF 200912290256 � BREMERTON 6 � 0m p � of 6 qgreement Rec Fee $ � 1212912009 11 51 RM Wa 1 t e r II� �IIIIIIIIII IIIIII IIII III' IIIII II'IIIIIIII'I�I IIIII �IIII II'II IIII IIII � IIIIIIIIIIIUI 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 J. Waldbillig � Additional names on page 3 of document. Grantee(s): 1. The City of Bremerton x� Additional names on page 4 of document. �egal Description: A portion of the NW '/4 of the SE'/4 in Sec. 32, T24N R 1 E., W.M. Kitsap County, (abbreviated) Washington. 0 Additional legal is on page 5, 6 of document. Assessor's Property Tax Parcel/Account Number: 322401-4-094-2008 Pro�ect Name: Gorst Sewerage System Project � J : ` 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 property located at 4151 and 4155 State HWY 3 W, Bremerton, Kitsap County, Washington, (hereinafter "Property"), legally described as: SEE ATTACHED EXHIBIT "A" Page 1 of 6 Outside Utihty 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 Ciry 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. Utilit�provements. 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 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 Ageement 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. Page 2 of 6 Outside Utility Agreement OWNER: . / DATED: i I � � � � BY: � Bernard J. Waldbillig 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 Bernard J. 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 Wrthrn 77tts Box- IN WIT'��5 WHEREOF, I have hereunto set my hand and official seal the day an�� jr� written. �� y �9G �! ; � �tAR y 'y� � _ <r �' Z013 = :��. �.° � Notary Public in and for the State of Washington, �, sT�•.,,,,. �a�'��: residing at: Bremerton ��i��F OF My appointment expires: 7/18/2013 Page 3 of 6 Outside Utility Agreement CITY OF BREMERTON DATED: 2.�I `t BY: Lent, Mayor DEPART PROVAL: c ci�'�� Phil Williams, Director of Public Works and Utilities � APPROVED AS TO FORM: � __ _ _ _ Roger ubovich, Bremerton City Atto - "-" RECEIVED FOR FILING: r � Carol Etgen ity Clerk 2073344_OUA_Waldbilhg_4151_and 4155_State_HWY_3_W.doc Page 4 of 6 • 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 322401-4-094-2008 2073344 4151 & 4155 STATE HWY 3 W LEGAL DESCRIPTION 32241 E THE WEST HALF OF THE WEST 1 ACRE OF THE EAST 5 ACRES IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 24 NORTH, RANGE 1 EAST, W. M., ALSO ' THAT PORTION OF THE EAST HALF OF THE WEST 1 ACRE OF THE EAST 5 ACRES OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 32 LYING NORTH OF THE NEW STATE HIGHWAY, N0.14. A EASEMENT OF 10 FEET ALONG THE WEST LINE IS RESERVED AS PART OF A DRIVEWAY FOR ADJOINING PROPERTY. Page 5 of 6 - � Outside Uttlity Agreement EXHIBIT "A" CONTINUED , ; � �� _ : � � , , �,,� , , " �-� s ` � ` �,�,''�' � = � , �� x ` , ��"°�`� �'� ,� � _ � �°"+� ' / ` : _ �' � ; / _� � � ; � �/ �� ' ,/ ��'� � : � � �/ � �,�� ' - � � ✓ � � . � � ��`� � � __ ` : � ��` � � ////////// � '�'.,� f/ � { ,. _.. � ��'4d�.��'�T�F1�w �� L��ILLI� �EF�f��F�� ,� r , �rv ,; ��1 �-��-�� ° � �� ri I�� I�i�� r�� A- , Page 6 of 6 Outside Utdity Agreement