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Home My WebLink About4335 FEIGLEY RD W Return Address: City Clerk City of Bremerton 345 Sixth Street, Suite 600 Bremerton, WA 98337 200912290257 I �BREMERTON CITY OF Page � of 6 qgraement Rec Fee $ 67 00 � 12129l2009 11 51 AM . ' Walter Washington, Kitsap Co Auditor � I IIIII�' IIIIII III II II IIIIII� I'IIII IIII IIII IIIII IIIII I'IIIII III �IIII I�III II'II IIII I"I 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. Nieves P. Delacruz x0 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 '/< of the SE '/a in Sec. 32, T24N R 1 E., W.M. Kitsap County, (abbreviated) Washington. x� Additional legal is on page 5, 6 of document. Assessor's Property Tax Parcel/Account Number: 322401-4-088-2006 Pro�ect Name: Gorst Sewerage System Project �.�CiSE 1'a4X �XEf�pT DEC �q 20fl9 OUTSIDE UTILITIES AGREEMENT WHEREAS the Bremerton Municipal Code requires properiy 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 4335 Feigley Rd. W, Port Orchard, Kitsap County, Washington, (hereinafter "Property"), legally described as: , � SEE ATTACHED EXHIBIT "A" Page 1 of 6 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 agee 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 Char�es. 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. UtilityImprovements. 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 reyuire 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 properly 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 Ageement 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: � u ; � / / DATED: I ' � C BY: ' Nieves P. D cruz STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) On this � day of J��r%��,�� , 2009, before me a Notary Public in and for the State of Washington, personally appeared Nieves P. Delacruz 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 Wrthtn 77ars Box- IN WHEREOF, I have hereunto set my hand and official seal the day jy y��; written. � � . � �v � 9 G m � _ � Jtlu► ta �s = ��, p�g��G o � � Notary Public in and for the State of Washington, % �'�l ..... �� ` residing at: Bremerton �� ` ��i�� My appointment expires: 7/18/2013 Page 3 of 6 Outside Utdity Agreement CITY OF BREMERTON DATED: r2 � � - d �I BY: � Pa ent, Mayor DEP AL APPROVAL: Phil Williams, D'uector of Pubhc Works and Utiliries APPROVED AS TO FORM: Roger bovich, Bremerton City Attorney RECEIVED FOR FILING: � Carol Etgen, Clerk 1960046_OUA_Delacruz_4335_Feigley_Rd_W 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 NLTMBER RP ID ADDRESS 322401-4-088-2006 1960046 4335 FEIGLEY RD W LEGAL DESCRIPTION 32241E LOT C SP 257 RECORDED UNDER AUDITOR NUMBER 1106081. A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 32 TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH LIES SOUTH 46.61 FEET AND WEST 158.78 FEET FROM THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE RUNNING S2*40'W 338.01 FEET; THENCE S86*59'E 125 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING 586*59'E 65 FEET; THENCE S2*40'W 70 FEET; THENCE 586*59'E 125.49 FEET TO THE WESTERLY MARGIN ' OF FEIGLEY ROAD; THENCE S21*29'20 W 61.20 FEET ALONG THE MARGIN OF THE ROAD; THENCE N86*59'W 170.75 FEET; THENCE N2*40'E 128.04 FEET TO THE TRUE POINT OF BEGINNING; PROVIDED THAT A 12 FOOT ROAD EASEMENT BE RESERVED ON mHIS PROPERTY BEGINNING AT THE MIDPOINT OF THE WEST SIDE AND RUNNING S86*59 E 65 FEET. Page 5 of 6 Outside Utility Agreement � EXHIBIT "A" CONTINUED '„�r 1189374 332101•4-QSO-2000 332401•4-049-200i DOUCEfTEMIISE DDUCEf7EMICHAII. 4293 FIIGLEY RD W i297 FEIGLEY RD W „h��,,� �; f �> � � % vrwa' �„ �� fi ,�W;x,,. �,;`��r1 '�,$�� .,�1 .Ji ��/� 3 ` � s�/i� Y �6�Z� i� � � �g •i�L�� + 329401•4•086-9008 _ s ��,� :.a ' ]96 8 ��"�` FULLE:RDALLASE&LYNHM ��,;� ,, y`u� z �:'� 349 1-i-067-1007 ^� 4319 FIIGLEYRD W i�'�"�a� �� , %a ' °�; z � �q z �� DII. CRUZ NIESTES P ;,� �'�"�'� � `<��, y ^'";�/�':"` t�'i�4 d37 GLEYRD W �� , f�'s�� ,� �3� ' � "�� " �iy�'%� �i; ` 9 � , � �';�� ' � ' nf � �' '�+';�w' , ,� . k n � ��.ar' , �1�'�. � +� � '<� a ; � � �'� .1a}� �� e.%' �.°::' ;, ��wi�� z ;'k��'" � �� "�' �i, , �� " Mia ��^r'�*, 3� s t �� s � �i l �a� � �' ,ay,;� "`"''� � � � , '1�,�� s x �;a�i r a�� r a �yt� � k�' � ��- � ia � � "Y�r �� b�,,;��r,�.�,s:. �> �F re � . � , ��1 i �yr�," �_`�tf' . a.r. A o �� ;� � � � �u� `'� g �' V,€,�.,t�» s � r! '� Hajw'✓�Kh ' 0� 19600i6 3 �� ' � ' ,��,`�"'�`t�; �� 372�01•4-068•2006 �, 5 �e, i � Y '� '�H `"�.'�`f'd;� DII.ACRUZ NIEShS P "� ,' ,„ `a ^ �'' ` �;�� `� 4335FIIGLEYRDW � - •�"�.�- %�;%;'p Fa' x% � E " �� r �;�� ; ;� , > , �'� � �,� '��% , �y: , ;% , ;y�� r °g* „ "`'� �� ^„ V � ;,' ;� j� :�, ��,� %�,-y� s . ? �y : "- - s , ' } �!� , ?�,G,l «�' ✓ '��'*"�17.��% 11�398 � �;�r;� , F�[tRII.L MIC AAII. D& ASID �""�c �� ;�` _ r i�� , �'�Fk,�sri „ l, i355 FIIGLEY RD W �� , '�UDITpR,s NOT l�aiBILITY FpR U � SATI S�'qCi'pWy ly A P pRT N �� N�tlqyM�'l�t WH�I� HFC�IV �� THIS �D, Page 6 of 6 Outside Utility Agreement