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HomeMy WebLinkAbout3955 W BELFAIR VALLEY RD Retum Address: City Clerk City of Bremerton 345 Sixth Street, Suite 600 Bremerton, WA 98337 1 BREMERTON CITY OF 201003030124 � � Rgreement Rec Fee $ 68 00 I � 03/03/2010 �1 30 PM Page 1 of 7 Walter Washtngton, Kitsap Co Audttor � _ I��IIIII ( I�� I I��I IIIII � I'�III IIII III� I I I IIIII I� IIII I� I III (IIII �II I I�'ll IIII IIII �1 AUDITOR/RECORDER'S INDEXING FORM Document Title(s): 1. Outside Utilities Agreement Reference Number(s) of Documents assigned or released: N/A Grantor(s): l. Dylan & Janet Lee Lovett x� Addirional names on page 3, 4 of docuxnent. Grantee(s): 1. The City of Bremerton 0 Additional names on page 5 of document. Legal Description: A portion of the SW '/4 of the NE '/4 in Sec. 32, T24N R 1 E., W.M. Kitsap County, (abbreviated) Washington. x❑ Additional legal is on page 6, 7 of document. Assessor's Property Tax Parcel/Account Number: 322401-1-045-2004 Project Name: GOI'St SeW@�a e S stem Pro'ect OUTSIDE UTILITIES AGREEMENT WHEREAS the Bremerton Municipal Code requires property outside the city " boundaries to support annexarion to the City of Bremerton as a condirion for receiving City utilities (BMC 15.02.040 and 15.03.040); and WHEREAS the City of Bremerton has a primary obligarion 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 3955 W. Belfair Valley Rd, Bremerton, Kitsap County, Washington, (hereinafter "Property"), legally described as: Page 1 of 7 Outside Utilities Agreement SEE ATTACHED EX�IIBIT "A" � and the City of Bremerton (hereinafter "City"), in consideration of the mutual covenants set forth herein including the furnishing of urility 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 Uriliries Department. 2. Rates and Charges. 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. Annexarion. 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 Petirion 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 adoprion of land uses designated in any urban fringe comprehensive plan approved for the annexarion 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. Violarion of this Agreement may result in the immediate ternrination of utility services to the above-described property as well as other remedies provided by law. 7. Covenants. The undersi�ed 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 7 Outside Utilities Agreement OWNER(S): DATED: i OG1 BY� Dy Lovett STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) � On this ��day of /<�-nti�c� , 2009, before me a Notary Public in and for the State of Washington, personally appeared Dylan Lovett 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 This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day arr �i�p'�iNHtt��bove written. ``` ����� Py N� BEqT : t4� ���' : � � ? 0'iARr �� � 01g� � � �U�`� � ` G = o= Notary Public in and for the State of Washington, �� P �� �,.*�� � residin g at: Bremerton ����i� OF WPS�\�����\\ My appointment expires: 7/18/2013 ����/I!I ! I I 11111����� Page 3 of 7 Outside Utilities Agreement OWNER: � DATED:IG � BY� Janet Lee Lovett 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 Janet Lee Lovett 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 Wethrn Thrs Box- 1N WITNF��SS WHEREOF, I have hereunto set my hand and official seal • the day an����������y� written. � c '�'" ' 9r 'y i ��'. � zQ �' �O1q R y '�'�, � - = � JULY 18� 2019 "' - � N AUB ����� �� Notary Public in and for the State of Washington, :%� 9 j . F ,,N.N..�'�c�~°��� residing at: Bremerton ��i������' My appointment expires: 7/18/2013 � Page 4 of 7 Outside Utilities Agreement CITY OF BREMERTON DATED: ' BY: ' � Patty , Mayor DEPARTMENTAL APPROVAL: . � ` Phil Williams, Director of Public Works and Utiliries , APPROVED FORM: � Roge ovich, B erton City Attorney RECEIVED FOR FILING: ���a�1 ��.-„r.s �,�� � • Carol Etgeq City Clerk 1167212_OUA Lovett 3955_W Belfair Valley_Rd.doc . ' Page 5 of 7 Outside Utilities Agreement J � � EXHIBIT "A" , A PORTION OF SECTION 32, TOWNSHIP 24 N., RANGE 1 E.; WII�LAMETTE MERIDIAN TAX ASSESSOR'S ACCOiTNT NUMBER RP ID ADDRESS 322401-1-045-2004 1167212 3955 W BELFAIR VALLEY RD � LEGAL DESCRIPTION PARCEL I: BEGINNING AT THE CENTER OF SECTION 32, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., 1N KITSAP COUNTY, WASHINTON, RUNNING THENCE _ EASTERLY ALONG THE EAST AND WEST CENTERLINE OF SAID SECTION 32, 85.30 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING EASTERLY ON SAID EAST AND WEST CENTERLINE 94.81 FEET; THENCE NORTH 1*40'S7 EAST 640.17 FEET, MORE OR LESS, TO THE SOUTHERLY MARGIN LINE OF OLD STATE ROAD NO. 21; THENCE WESTERLY ALONG SAID SOUTHERLY MARGIN OF STATE ROAD NO. 21, 94.81 FEET TO AN 1NTERSECTION WITH THE EASTERLY LINE OF TRACT OWNED BY ALLEN P. JOHNSON; THENCE SOUTH 1*40'S7 WEST ALONG �� THE EASTERLY LINE OF SAID JOHNSON TRACT 640.17 FEET, MORE OR LESS, TO � THE TRUE PO1NT OF BEGINNING; EXCEPT THAT PORTION CONVEYED TO KITSAP COUNTY UNDER AUDITOR'S FILE N0.8612080110. PARCEL II: AN EASEMENT FOR ROAD PURPOSES OVER THE WESTERLY 8 FEET OF THE LAND IMMEDIATELY EASTERLY OF THE TRACT COVERED BY THIS DEED, BUT SUBJECT TO AN EASEMENT OVER THE EASTERLY 8 FEET OF THE LANDS COVERED BY THIS DEED FOR ROAD PURPOSES 1N FAVOR OF THE LAND IMMEDIATELY EASTERLY, THE RESULT BEING THAT THERE WILL BE AN EASEMENT FOR ROAD PURPOSES 16 FEET IN WIDTH, ONE-HALF ON THE LANDS COVERED BY THIS DEED AND ONE- HALF ON THE LANDS IMMEDIATELY EASTERLY THEREOF, AND SUBJECT TO MINERAL AND OIL RESERVATIONS AS SHOWN IN VOLUME 41 OF DEEDS AT PAGE 228, IN KITSAP COLJNTY, WASHINGTON. Page 6 of 7 Outside Utilities Agreement EXHIBIT "A" CONTINUED �� ��� �� �^�� ��>� _�,; . ��.� �.��,!� � '�`°° �a `�°� .� a"���;��.��:��.�.�%�„� ��' � �� � ,�, � � � �,� ; � ,� � ��� �� � a� ��� f � � � �� F T 7l� � +y : � � i �✓b',��,N'i%�j;;,`�'����E v {� � � a � / iG;a ..,,: ��xr,v��, � � .s' .:: � � w ���� �� �� ��� � � �. '`r� �� � � ,`�� �. � , � ��� . �. �,� $ � � � � ���a� �. �� ,���.r ��,� ,aF: � � � >>�� : .��� �� „ �;.. � .; � " �-, .., M � � � ��,� �� � +� sv 4y ��� �� f ';a, �F:. r �°�. v� :�� C ,�.,-= <`s �� ��� � i�9k'z �_ .,-°�;,�� ; a3�-'.;� `. �? f i ;� � •� ��'` �#Sr"��hy',�,. �'���"�� .mi ;.' .. ��� �'a�` , ^�;-;;;i'*^..•.o,��� �. �� ,���.;, ;� s: r�; �s ,��?��� �_ >��y��� �-,.,�, y �r=�`���'�ti'?�� .�:��__ ���x�s"-34t<�z�::F; �_:. �, : .,t .�...;:p;;.��.. .F: ..au.iJiihi.i:.hE2.m� _. ,,, Page 7 of 7 AUDITO� �DYE Outside Utilities Agreeme$tE(�� FOR RECORDI�G �+�D COPYINC U�S�TI�iFACTO�Y I� A�OR�10� 0� TC�IS � �NSTRU�flERl�' 1RIHE� RECENED