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Home My WebLink About4157 W BELFAIR VALLEY RD Return Address: City Clerk City of Bremerton 345 Sixth Street, Suite 600 Bremerton, WA 98337 _-----�--� I� CITY OF 2@0912 � 7 , BREMERTON 68 po Pa9e q2 '29m2009 11 61 Walter Washin5ton� Kitsllllll"IIIII'I'lll'lllll'llllllll� --�—`�� 1 IIIIIIIII II'IIIIIII�I'IIIIIIIIIIIIII'IIIIII ____� �_ AUDITOR/RECORDER'S INDEXING FORM Document Title(s): 1. Outside Utilities Ageement Reference Number(s) of Documents assigned or released: N/A Grantor(s): 1. William M. & Ginette A. Dalton . x❑ 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 SE '/4 of the NW '/4 in Sec. 32, T24N R 1 E., W.M. Kitsap County, (abbreviated) ` Washington. 0 Additional legal is on page 6, 7 of document. Assessor's Property Tax Parcel/Account Number: 4504-000-009-0103 Pro�ect Name: Gorst Sewerage System Project � ��SE �'e4X EXE�,PT DEC 2 `� 200�J 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 gowth 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 4157 W Belfair Valley Rd., Bremerton, Kitsap County, Washington, (hereinafter "Property"), legally described as: SEE ATTACHED EXHIBIT "A" Page 1 of 7 Outside Utility Agreement L 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 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 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 properiy as set forth in the Bremerton Zoning Code as amended. T'his 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 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 7 Outside Utility Agreement OWNER: DATED: E9�' 2_7 —c� � BY: William M. Dalton 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 William M. Dalton 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 Weth:n Thts Box- IN WITNESS WHEREOF, I have hereunto set my hand and ofFicial seal the day and y` � written. � \``�O��G�WAYpF�� ../`. � �s� a0 Tq 9 y : . _ 9 =�„ .�A�rfe ~ �= Notary Public in and for the State of Washington, � 9�,� v e � � �� m� r e s i d i n g a t: B r e m e rt on � %, o,�'� MM� r ��NM� • o � `��` My appoin t men t expir e s: 7/ 1 8/ 2 0 1 3 ��i��ASH'NG; �� Page 3 of 7 Outside Utility Agreement OWNER: � DATED: � � Z � ( �� BY: � Ginette A. Dalton STATE OF WASHINGTON ) � ) ss. COUNTY OF KITSAP ) On this �� day of �C:C.d-(l�Cti , 2009, before me a Notary Public in and for the State of Washington, personally appeared Ginette A. Dalton 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 Wrthm Thes Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and�'��ye written. ```�� ` �q,`tN Fq � � �9 i � �v �OtARr G� � ;° �� '�p ��Notary Public in an or the State of Washington, ��, pUB�� o ti residin at: Bremerton ' ��i��FOF WAg��o��`` My appointment expires: 7/18/2013 ��in►nllun��`� Page 4 of 7 Outside Utility Agreement CITY OF BREMERTON DATED: �Z'j � BY: � P ent, Mayor DEPARTMENTAL APPROVAL: . ' Plul Williams, D�rector of Public Warks and Utilities APPROVED AS TO FORM: Roger Lubovich, Bremerton City Attorney RECEIVED FOR FILING: Carol Etgen, ty erk 1675818_OUA_Dalton_4157_W_Belfai r_Valley_Rd.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 4504-000-009-0103 1675818 4157 W BELFAIR VALLEY RD , LEGAL DESCRIPTION BREMERTON WATERWORKS TRACT LOT 9, BREMERTON WATERWORKS TRACTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 4 OF PLATS, PAGE 102, RECORDS OF HITSAP COUNTY, WASHINGTON; EXCEPT THE FOLLOWING: THAT PORTION OF SAID LOT LYING WESTERLY OF THE CENTERLINE OF GORST CREEK, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 9; THENCE SOUTH 86*34'02 EAST ALONG THE NORTH LINE OF SAID LOT 9, FOR A DISTANCE OF 77.05 FEET; THENCE FOLLOWING THE CENTERLINE OF GORST CREEK CHANNEL, EXISTING OR PRODUCED, SOUTH 7*41'S0 EAST FOR A DISTANCE OF 70.33 FEET; THENCE SOUTH 33*03'40 WEST FOR A DISTANCE OF 126.48 FEET; THENCE SOUTH 25*12'S0 WEST FOR A DISTANCE OF 85.94 FEET TO A POINT WHICH IS THE INTERSECTION OF THE CENTERLINE OF THE CHANNEL OF GORST CREEK AND THE WEST LINE OF SAID LOT 9; THENCE ALONG THE WEST LINE OF SAID LOT 9, NORTH 3*44'33 EAST FOR A DISTANCE OF 258.22 FEET TO THE POINT OF BEGINNING; ALSO EXCEPT THE NORTH 195 FEET OF SAID LOT 9; TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER AND ACROSS AN EXISTING 13 FOOT DRIVEWAY OVER THE WESTERLY PORTION OF THE NORTH 195 FEET OF SAID LOT 9 LYING EASTERLY OF GORST CREEK. SITUATE IN HITSAP COUNTY, WASHINGTON. Page 6 of 7 Outside Utdity Agreement , EXHIBIT "A" CONTINUED � : . �, � . � # r =' , , � � � � E � �� __ � � �,E;L ��,I l� �''�L�.�E"�'' F�C� �. _ . _; _- , � _ � � _ ? . { � � .� �� , __ -- �. f - �_ � � , � � .. � ._-�_ � _� , , ; � � ��LT��I �ILL1�1�1 I�i � �I�IETTE� ��-��-��-��1 �� ri I�� I�i�� r�� Page 7 of 7 Outside Utdity Agreement