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Home My WebLink About4160 W BELFAIR VALLEY RD Return Address: City Clerk City of Bremerton 345 Sixth Street, Suite 600 Bremerton, WA 98337 — --- � CITY OF 200912290203 ` �RTON oo p t ot 6 I � BREME Rg � Fae $ s�. � qgreemen � 1212912@09 11 22 AM . Walter Washin9to�, Kitsap Co Rudi ar �� ___--�`� �� 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. Edgar Whittington 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 SE '/4 of the NW '/o 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: 4504-000-005-0008 Pro�ect Name: Gorst Sewerage System Project ��CI�E 1'AX ��E�P� Q�C � `T 20�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 4160 W Belfair Valley Rd., Bremerton, Kitsap County, Washington, (hereinafter "Property"), legally described as: , SEE ATTACHED EXHIBIT "A" Page 1 of 6 Outside Utility 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 Depariment. 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 Ageement as Owner's consent to the annexation of the Property as part of any Notice of Intent or Petition dfor 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 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 properiy 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 7-a� BY: G�/ R � Edgar Whitt' gton 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 Edgar Whittington 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 Within Thes Box- IN W;�� WHEREOF, I have hereunto set my hand and official seal � the day a�`��i��e written. `� t` � P T h'j y Gi ' , � i V �0� A Zp13 �' = = o �Ui.Y /8. � p� s �,�G o� Notary Public in and for the State of Washington, %� `�'�' ��0 � residing at: Bremerton ��ii�� My appointment expires: 7/18/2013 Page 3 of 6 Outside Utility Agreement CITY OF BREMERTON DATED: � 2- I S`d � BY: � Pa Lent, Mayor DEPARTMENTAL APPROVAL: . ' Phil Williams, Director of Public Works and Uriliries APPROVED AS TO FORM: ger L bovich, Bremerton City Attomey RECEIVED FOR FILING: . Carol Etge City Clerk 1675636_OUA Whittington 4160_W Belfair Valley_Rd.doc Page 4 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 4504-000-005-0008 1675636 4160 W BELFAIR VALLEY RD r LEGAL DIESCRIPTION. BREMERTON WATERWORKS TRAC'T TRACT 5, BREMERTON WATERWO][tKS TRACTS, AS PER PLAT RECORDED IN VOLUME 4 OF PLATS, PAGE 102, RECORDS OF HITSAP COUNTY; EXCEPT PORTIONS CONVEYED TO USA BY l)EEDS RECORDED UNDER AUDITOR'S FILE NOS. 408682 AND 570093; AND E;XCEPT THE WEST 190 FEET THEREOF; (BEING DESIGNATED AS PARCEL A OF SHORT PLAT NO. 2236, RECORDED UNDER AUDITOR'S FILE NO. 800515�0079); SITUATE IN HITSAP COUNTY, WASHINGTON. Page 5 of 7 . 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