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Home My WebLink About4355 FEIGLEY RD W r i Return Address: City Clerk I City of Bremerton 345 Sixth Street, Suite 600 Bremerton, WA 98337 _ 1 ' BREMERTON CITY OF 20091229022 � pgreement Rec Fee $ 68 00 Page � o f 7 � 12/29/2�09 11 22 AM Walter Washington� Kitsap Co Ruditor � I�IIIII III�II III II�I �IIIIII II�III I�II III� IIIII II�II IIIIIII III IIIII IIIII IIII� IIII I�II __. —__.—_ __/ 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. Michael D. & Audrey M. Herrell x❑ Additional names on page 3, 4 of document. Grantee(s): 1. The City of Bremerton � Additional names on page 5 of document. �egal Description: A portion of the NW '/o of the SE '/4 in Sec. 32, T24N R 1 E., W.M. Kitsap County, (abbreviated) Washington. � Additional legal is on page 6, 7 of document. - Assessor's Property Tax Parcel/Account Number: 322401-4-047-2006 Pro�ect Name: Gorst Sewerage System Project EXCISE 1'A1C EXEMpT DEC 2 9 2009 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 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 4355 Feigley Rd. W, Port Orchard, Kitsap County, Washington, (hereinafter "Property"), legally described as: SEE ATTACHED EXHIBIT "A" Page 1 of 7 Outside UtUity 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 Charees. 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. Utility 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 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 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 ruruiing 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: �il�—,� () � BY: Mic el D Herrell • STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) On this � day of �d✓� l� , 2009, before me a Notary Public in and for the State of Washington, personally appeared Michael D Herrell to me known to be the individual that executed the foregoing instiument, 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 Wtthrn Thrs Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day anc��4��1.►/�ve written. `�� P yNE BEq�. ��i,� .._--�---- ` �� •�•~ y G�� O'�A R Y ; .. � v JULY 18, 2013 �' = � . p �G a � Notary Public in and for the State of Washington, s d'�, ��ti�; residing at: Bremerton • �i��F p wA gN� `` �`O My appomtment expires: 7/18/2013 ��iir�wiutu�� Page 3 of 7 ' Outside Utility Agreement OW1vER: DATED: � I `7 `� I BY: � � Audrey M Herrel STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) On this � day of �, 2009, before me a Notary Public in and for the Sta.te of Washington, personally appeared Audrey M Herrell 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 Thrs Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and�l��/ai�ve written. `` �� P �NE @F ��' � , � 2 0'S A y '� 9G $ i - �•° S = � s'� � � v JU1.Y �B Z G � 2; Notary Public in and for the State of Washington, : p v e w� .�,� o � residing at: Bremerton ' � i ��i� 9rF �F WAS��`` My appointment expires: 7/18/2013 �� // i I! 1 J I N 1 l 111 �� Page 4 of 7 Outside Utdity Agreement CITY OF BREMERTON � DATED: I �.'1 ""� BY: tty Lent, ayor DEPAR TAL APPROVAL: r s Phil Williams, Director of Public Works and Urihnes � APPROVED AS TO FORM: oge ubovich, Bremerton City Attorney �� '" � . � RECEIVED FOR FILING: � Carol Etge / City Clerk / 1169358_OUA Herrell 4355 Feigley_rd.doc � C Page 5 of 7 � Outside Utdity 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 322401-4-047-2006 1169358 4355 FEIGLEY RD W ' LEGAL DESCRIPTION 32241E THE NORTH 100 FEET OF THE FOLLOWING DESCRIBED TRACT AS MEASURED PARAI.LEL TO THE NORTH LINE THEREOF; THAT PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, SECTION 32, TOWNSHIP 24 NORTH,.RANGE 1 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING 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, SAID SECTION 32; THENCE SOUTH 2*40'00 WEST 466.05 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTH 86*59' EAST 295.75 FEET TO THE WEST MARGIN OF COUNTY ROAD NO. 224; THENCE ALONG THE WEST MARGIN OF SAID ROAD SOUTH 21*29'20 WEST 153.29 FEET; THENCE NORTH 88*17'22 WEST 246.33 FEET; THENCE NORTH 2*40'00 EAST 151.01 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT FEIGLEY ROAD WEST; SITUATE IN KITSAP COUNTY, WASHINGTON. � Page 6 of 7 Outside Utility Agreement � � EXHIBIT "A" CONTINUED � y �� , �;� °� � �oeooso � � ��;.� �aaoi-4-aae-aoos �� ,c �;� x �' k, FULLERDALLAS E& LYNHM 1169499 ,� . 4319 FIIGLEY RD W �aaaoi•+•ai•aoo� �aa�oi a-oa�-aro� x �'° �.� y �> OSBURNTFRRYL DII.ACRUZNIEE.VFSY 3855 W FRONTAGE RD �' ' ,' 1960D46 ' % 4325 FIIGLEl RD W � 327401•4-068-2006 � .� .�� ., _ i DII.ACRUZ N�VFS P ��°,� c � , ,> �' � ,'� 4335 FIIGLEYRD W !,§� a <<, � � � � � `� � � ` , � �� „�� °} I ' � _"P 1169396 a � � % ` �� " 373101-d-047-7006 `� � F�RRII.LffiCHAII.DI4ALA�REYM i�� ,�� ° � � 43 SFIIGLEYRDW A � ,�� s °�� t -�`� �� u�a� �aai•a-a�a•aooa nwa4a TAP'PANSANDRA ,s <� ,> �aa�oi•a-m~-sooi 4411 FIIGLEYRD W e , �' ; N1�B DALEE& SARAHL � x`� 4347 FIIGLEYRD W i�� xsr�-``" �;s�.� � ,_,i/.a'�A''� s�� 4 r � ` � � �h,+ AUDITOR'S NOTE LEGIBILITY F� ORY�IN ADPORTION O�F THIS UNSAT�SFA INSTRUMENT WN�N R��V� Page 7 of 7 Outside Utdity Agreement