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Home My WebLink About4288 W FEIGLEY RD BREMERTON CITY OF 200912290215 } Rgreement Rec Fee $ 68 0� 12129J2009 17 22 AM Page 1 of 7 Walte Washington, Kitsap Co Ruditor Return Address: City Clerk i � I�� i�l�l III �'�� I�III� I�� I��I III� ��I� II��I ��I� III �I�� (�III I��I I��I I��I " City of Bremerton � 345 Sixth �treet, Suite 600 Bremerton, WA 98337 AUDITOR'S NOTE LEGIBILI�Y FOR RY�N A �N �OP�H S �}�gpTISFACTOR I �� T �� M � N .� �� AECEIVED. � 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. Carl & Lana Sanders � 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 Y4 of the SE'/a 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: 322401-4-042-2001 Pro�ect Name: Gorst Sewerage System Project `��IS� T�� 3 �� 9 2�'!� 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 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 4288 W. Feigley Rd., Port Orchard, Kitsap County, Washington, (hereinafter "Properiy"), 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 fiunishing 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. Utilitv Improvements. 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 Properiy 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 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 7 Outside Utdity Agreement OWNER: DATED: � l� I o� 2 ��' BY: Carl Sanders STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) On this 9� day of Nti��M ��, 2009, before me a Notary Public in and for the State of Washington, personally appeared Carl Sanders 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. ��,�..,,�,,,,, �� `+'�'� �� R ` � �� 1 \ �� O�Y1� i:?,!� ` � � ;,, : � A1 � � cd.,�:� va • � ■ \ , � t� �u4}? !C+ :� � ��1sr� � � ' , n�..rs "�'j�� `� r�' :`��•� �� ,, . � O� ��r,S��vl�� "'%�iiiiiN�l OWIVER: � DATED: t t �� I'Z am� BY: Lana Sanders STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) On this l0"�1 day of �� z.vy,�� , 2009, before me a Notary Public in and for the State of Washington, personally appeared Lana Sanders 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. ��ii�� +��,E R:.R!!�/.�� ._ �! �� ,,•; ;�is�ni �,' , � ; ...... �� ; ;�,� � - 1 - ,; ., y .. 1 Im 2� � ��: a �� :(];fJ�J� y �n � � � �,� e t�, �' • � . : , � � : • � • �d��,L_1� r � �� `�i'+ '-. t'� � •` O �� y�� . �.�. ,� �� 't ,\\ - ��' t+;d,�SN�� 1�� 2 0 °°%�.�i��i��!� CITY OF BREMERTON DATED: � 2 �� q BY: � Lent, Mayor DEPAR PROVAL: t Phil Williams, Director o Pubhc Works and Urilities ' APPROVED AS TO FORM: oger bovich, remerton City Attorney RECEIVED FOR FILING: � Carol Etgen, C Clerk � 1169317_OUA_Sanders_4288_Feigley_Rd_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 322401-4-042-2001 1169317 4288 FEIGLEY RD W LEGAL DESCRIPTION 32241 E RESULTANT PARCEL C OF BOUNDARY AGREEMENT RECORDED UNDER AUDITOR'S FILE NO. 917288; THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, SECTION 32, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.W., IN HITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE Nl*03'46 E ALONG THE EAST LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER 208 FEET TO THE SOUTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND RECORDED IN VOLUME 53 OF DEEDS, PAGE 274, RECORDS OF HITSAP COUNTY, WASHINGTON; THENCE N88*57'46 W 208 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL RECORDED IN VOLUME 53 OF DEEDS, PAGE 274; THENCE Nl*03'34 E 119.20 FEET ALONG THE WEST LINE OF SAID PARCEL RECORDED IN VOLUME 53 OF DEEDS, PAGE 274; THENCE N77*Ol'W 83.35 FEET TO THE TRUE POINT OF BEGINNING; THENCE S8*22'27 W 82.33 FEET; THENCE S12*38'13 W 27.61 FEET TO THE NORTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND RECORDED IN VOLUME 428 OF DEEDS, PAGE 124, RECORDS OF HITSAP COUNTY, WASHINGTON; THENCE ALONG THE NORTH LINE OF SAID PARCEL RECORDED IN VOLUME 428 OF DEEDS, PAGE 124, N78*Ol'W 129.57 FEET TO THE EASTERLY MARGIN OF FEIGLEY ROAD, SAID MARGIN BEING 20 FEET FROM THE CENTERLINE OF THE TRAVELLED ROADWAY AS IT EXISTS ON THE GROUND; THENCE ALONG SAID EASTERLY MARGIN N19*41'E 112.71 FEET; THENCE S77*O1'E 109.61 FEET TO THE TRUE POINT OF BEGINNING. Page 6 of 7 Outside Utdity Agreement EXHIBIT "A" CONTINUED �,, d; �r, � ., y ;':�� ,s�, � ��a� ti �> %� L : '��%» .# >.�: �' G $'ff�� ''`��d�� » �, c �s � / �\'. ; � .�'� �� rc � ( � � � � �"�� . � Ft €N � r��+7 k s:s <„ r��.. � � v � % � �y��,;/ 3 a � �'" � � 1 3 ry� f S � g j �� ' � , �� ..�� L1��Q9 ', ,��. ; `�° � �,�;<�� r ,,,� �aaoi-a-oai-aooa ; q �'� , °.. , , � -�a � � �� "' �� ,�`� ��' CAl�l'ERLARRYD �� kx, ��,,,�,z; � `�, g � :;. E ,�r � ,� � , �� a�a �Gr.�r�n w ��4�� ; . �� , � ,�,�,p . /,�� ws• <�; , �� .>M�. � �a�.<� � � "��'� ,,,",�� F �� , � � l,. .� �3��`„.a\,�\:y, �, �� a ,rf��;�;i,x;;�? v��;r:.^„�,�v- '�','�, ; , ,I�f6i��% � -.,r �'�"' � . .�� ,(� w; �� 5 �� „� ,,� ' y �^�n �_ ` �;r;�' C�'�`' ` 3 ��,>, t '� � � s ' , .1';;; : �� w �.;,,3% �, ;� �� t.: i�°�`;'5,�,` � �,��..� , x� s , y ��„ ` � � � ,� _> h�� !' � � �„B ?y.r��3.N�� 3 // Y „t . � � � �� ` ?y��'v�: g �"�:';��rti. �"f!'�yk'°�:��, P� /k :.< .?��j�� •.q '�, 3'9'��ryi `� �� i�' >. .,. =9 �� " . 6 � ° �..�x3��3 + � ' l� � ".� S �� ... �� K�£��"��'„ . 3�` iw 1 r �� ,+ �"�S. , .-iai" ��;"'�,� �Id�7V1'�'S ��, � V,�II.TZ ST � �� t�� , 3�667 W FF t� �� • ,� ;�� `.� �%' ° �l ��;ti; 9� �,��'� y �;�,� , �� '`°' ��,� ,'��',..�,r. �i,� ,` >� �'. 1 �' �� a i�� r" ' � ' � � �� ` ,� j E � ^ � � » ��'% �.i�? S'� '�� ,� 3 ' a�' '( %� _ Ti re .qY � �Y il��if ,. ,. �uj b g � ` � �� 1-�'��'�� 1 x �� 6" '��'.,: ��`� ,�„�N �. % .;,� �� `� ' , '�� SAt�ERS CARL & LANA � '' ��. �� s > ' � �� 42$$FIIGI.E'YRDW � ,;°�,;,., ,N ; F .`y ;` ` '�`�' , f �h,�� `� '� ��,'�`;' . , �`�, �,, �: LYNN M � '�' .��`��„� �w , �� ;� _ ,� �r �� .� `- i � a �,� � ; „,,.:_ ; f ��'�'��,,�'°�� suyP' { 9 % , < , '�y;�;d� r ��. �"� �. � ��.-�;.. `-��;� � '�� ` � ,' '" ' 11�341 ��u%� � ��,'�� ]]�33. " � � �2�pJJ4,p4�-2�7 , � 322d0] � `° " � A$ UL E ?� � tiYII.TZ � „ ��`°�� ; ; 432d F Gi.2 � � � s�A�4ti t �,�,'�;�;. R� � fi645 W � ; ,s, Y`> , z� ;, ,_ y; �, ': r�`�"�� °�,, �°�� „U � 4, w,. � ��x 't .. ��'a��.�''.,.�` r �� ``�;3' � _, . „ r�.. � .,�.�,... � , Page 7 of 7 Outside Utdity Agreement