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HomeMy WebLinkAbout4163 W BELFAIR VALLEY RD Return Address: City Clerk City of Bremerton 345 Sixth Street, Suite 600 Bremerton, WA 98337 BREMERTON CITY OF 2009122g0217 Q2/29/2009R11 22 67 � l \ I IIIIII� IIII�I II� IIII �I�III_ ��I�II IIII IIIII III�I IIIIII� II� II�I� IIIII III I Pase 1 o f g i IIIIIiI ) ---�_-� 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. William M. Dalton x❑ Addirional names on page 3 of document. � Grantee(s): 1. The City of Bremerton x� Additional names on page 4 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. x� Additional legal is on page 5, 6 of document. ' Assessor's Property Tax Parcel/Account Number: 4504-000-009-0004 . Pro�ect Name: Gorst Sewerage System Project ��9�s��� Td�� ��E��°� D�f, ��'1 �Qn� 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 uhlities (BMC 15.02.040 and 15.03.040); and WHEREAS the City of Bremerton has a primary obhgarion to rts citizens to allocate limited service resources � for adequate growth and development widun the City; and WHEREAS the undersigned, as owner of a parcel outside the City of Bremerton, has made applicanon for city utilities; NOW, THEREFORE, the undersigned owner (hereinafter "Owner") of real property located at 4163 W. Belfair Valley Rd., Bremerton, Krtsap County, Waslungton, (hereinafter "Property"), legally described as: SEE ATTACHED EXHIBIT "A" Page 1 of 6 Outside Utility Agreement , ' , and the City of Bremerton (hereuiafter "City"), in considerarion of the mutual covenants set forth herein mcluding the fu�uslung of uhhty services by the City of Bremerton, do hereby promise and agree as follows: 1. Services Provided. City of Bremerton shall provide urility 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 Uhliries Department. 2. Rates and CharQes. Owner shall pay when due all connecrion charges, assessments, and rates established for city uhhty services by City ordmance for the Owner's user class. 3. Use. Development of the property descnbed above shall comply with the uses and development standards of Crty 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. Urihty 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 annexarion of the Property as part of any Norice of Intent or Petition for Annexarion presented to the City of Bremerton. T'he annexation petirion supported by tlus Power may include proporhonal assumption of the City mdebtedness by the area to be annexed. The peririon shall require the concurrent adophon of land uses designated m 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 Zomng Code as amended. This Power of Attomey is nonrevocable. 6. Enforcement. Violation of tlus Agreement may result in the immediate ternunation of urility services to the above-described property as well as other remedie"s provided by law. 7. Covenants. The undersigned fiuther agrees that tlus Agreement and the promise made herein constitute a covenant mm�mg with the land and shall be bmduig upon the undersigned and his heirs, successors, and assigns, and that this Agreement shall be filed for record in the office of the Krtsap County Auditar. Page 2 of 6 Outside Utility Agreement , OWNER: � DATED: O cn Z — o�'i B� �� 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 Musl Appear Wrthen Thrs Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and � ��H�1�t��A�ve written. � ' ``` ��� Py �E BERty�q� ����' ���G,%m� . . . � �, '� p R Y 'y � � -�_ __. _ � a o ��9 `_ ���,�1 ��' �v o�lotary Public in and for the State of Washington, % � P U� �: residing at: Bremerton ''�i���'Tq T "«»�•' PS`Z'��`� My appointment expires: 7/18/2013 ������iir���F�W ������� Page 3 of 6 Outside Utdity Agreement CITY OF BREMERTON DATED: I Z I��D gy: � ent, ayor DEPAR APPROVAL: , Phil Williams, D'uector of Public Works and Uhliries APPROVED AS TO FORM: � Ro Lubovich, Bremerton City Attorney RECEIVED FOR FILING: � ,-. rol Etgen, ity Clerk 1675800 OUA_Dalton 4163_W_Belfa�r Valley_Rd.doc ' Page 4 of 6 Outside Utdity Agreement , EXHIBIT "A" � J A PORTION OF SECTION 32, TOWNSHIl' 24 N., RANGE 1 E.; WII.,LAMETTE MERIDIAN � � TAX ASSESSOR'S ACCOUNT NUMBER RP ID ADDRESS ' 4504-000-009-0004 1675800 4163 W BELFAIR VALLEY RD LEGAL DESCRIPTION BREMERTON WATERWORKS TRACT THE N 125FT OF LOT 9 EXC TH PTN OF N 125FT OF SD LOT LYING WLY OF ' FDL OF GORST CREEK CNVYD BY AUD NO 1074663 DAF COM AT NW COR OF SD LOT TH S86*34'03E ALG N LN OF SD LOT 77.OSFT TH�FOLG CTR LN OF GORST CREEK CHANNEL EXIST OR`PRODUCED S7*41'SOE 70.33FT TH S33*03'40W 126.48FT TH S25*12'S0W 85.94FT TAP WH IS THE X OF CTRLN OF THE CHANNEL OF GORST CREEK & W LN OF SD LOT 9 TH ALG W LN OF SD ' LOT N3*44'33E 258.22FT TO TPOB , �° 1 � � Page 5 of 6 Outside Utdity Agreement _ J EXHIBIT "A" CONTINUED � . � �t � " z � ' . _ _— u� � � � F° � , � � _ F ` � � �" �,E�t F�,i� °�'`��L,E"�" I�I� � # # < � � . � �� . ' �' - . � . �=___ _ � e.�.�_,,,. .�� .. � , � £` , ��LT � �I '�'�I L L I�l�1 !�1 % ���-���-���-���� ;� �� ri I������� I�i�� ���r�� Page 6 of 6 Outside Utility Agreement