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Home My WebLink About3873 W BELFAIR VALLEY RD , Return Address: City Clerk City of Bremerton � 345 Sixth Street, Suite 600 Bremerton, WA 98337 BREMERTON CITY OF 201003030122 � Rgreement Rec Fee $ 67 00 page 1 of 6 I � 03/�3/2�1� 01 30 PM Walter Washington, Kitsap Co Ruditor � � � �0li��s ��p�� 5�� 5� �� 0 �� I�� " 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. Janet K. Garcia x0 Additional 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 SW '/< of the NE '/< in Sec. 32, T24N R 1 E., W.M. Kitsap County, (abbreviated) Washington. � Additional legal is on page 5, 6 of document. Assessor's Property Tax Parcel/Account Number: 322401-1-055-2001 Pro�ect Name: Gorst Sewerage System Project 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 3873 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 Deparirnent. 2. Rates and Chazees. 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 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 properiy as set forth in the Bremerton Zoning Code as amended. This Power of Attorney is nonrevocable. 6. Enforcement. Violation of this Ageement 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 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: �' � `�� BY: �-- _. ..� -�' �� Janet K. Garcia STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) On this �� da of J� �="-��`�`' , 2009, before me a Notary Public in and for Y the State of Washington, personally appeared Janet K. Garcia 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 Wrthin This Box- IN \ W�'�� WHEREOF, I have hereunto set my hand and official seal the day written. � j " � �0�. .�., / � � � � �pt A A y ;. � � � .�✓..�✓�t/��CaC� Z�"'.� �013 : � � v JU1.Y 18� _ � p V g�,� j : �o � Notary Public in and for the State of Washington, %��'q ,.....�'�� \�.� residing at: Bremerton ��ii��F WA My appointment expires: 7/18/2013 �i�mnm��a�� Page 3 of 6 ` Outside Utility Agreement CITY OF BREMERTON DATED: ' o� BY: � Lent, Mayor DEP AL APPROVAL: � � - Phil Williams, Director of Public Works and Urilities APPROVED RM: Roge ubovich, Br erton City Attorney � RECEIVED FOR FILING: ( '� J- [�C�tL� ��Q ja L-C � Carol Etgen, City erk , 1929652_OUA Garcia_3873_Belfair Valley_Rd.doc - Page 4 of 6 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 322401-1-055-2001 1929652 3873 W BELFAIR VALLEY RD LEGAL DESCRIPTION THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, SECTION 32, TOWNSHIP 24 NORTH, RANGE 1 EAST, IN KITSAP COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID SUBDIVISION SOUTH 88*25'21.5 EAST 464.54 FEET FROM THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE NORTH 1*40'36 EAST 326.90 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 86* 19'46 EAST 67.92 FEET; THENCE SOUTH 1*40'36 WEST TO A POINT ON THE NORTH LINE OF THAT TRACT CONVEYED TO JOHN�C. BROWNING, ET. UX., BY INSTRUMENT RECORDED � UNDER AUDITOR'S FILE NO. 796949; WHICH POINT IS NORTH 1*40'36 EAST 294.78 FEET FROM THE SOUTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE SOUTH 88*25'22 EAST ALONG THE NORTH LINE OF SAID BROWNING TRACT 135.78 FEET, MORE OR LESS, TO THE EAST LINE OF THAT TRACT CONVEYED TO OLIVER I. OLSEN BY DEED RECORDED UNDER AUDITOR'S FILE NO. 308991; THENCE NORTH 1*40'36 EAST ALONG SAID EAST � LINE 346.83 FEET, MORE OR LESS, TO THE SOUTHERLY MARGIN OF THE NAVY YARD HIGHWAY (OLD BELFAIR HIGHWAY); THENCE WESTERLY ALONG SAID SOUTHERLY MARGIN 203.20 FEET, MORE OR LESS, TO A POINT WHICH IS NORTH 1*40'36 EAST 314.68 FEET, MORE OR LESS, FROM THE POINT OF BEGINNING; THENCE SOUTH 1*40'36 WEST 314.68 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. EXCEPT THAT PORTION CONVEYED TO KITSAP COUNTY PER AUDITOR'S FILE NO. 8702170100. » EXCEPT TAXABLE PORTION TO 322401-1-055- � 210 FOR SErTIOR CITIZEN EXEMPTION. Page 5 of 6 Outside Utiliry Agreement EXHIBIT "A" CONTINUED . ,� ,� .�,..�;�' �{ � � ^;$'s� . K:V ��?��. �-., ° �:^•,. ��; ��„ �\ �afi71�."f� ' a`:x'�.,�,. _ ��'`�..'� ��i�`�.��u.,. ",�"�f;�/� ,a „�a` .f/�?;.. ,� �C'��;°�m. %:. �"�,'"''i;.:�� , ;'?�„r „ �.�� `�,"., �� ; " �:t �.�s::'r'i�; � fi, � '•°:4r, r. %.' _ rr;..; ,.,� •,�, � � ;� ; .�;f��a(;, �, ��"y",`f �i,� ��, �E:��.� ��,�'�'y'�'� � ��C'`§'`. , ,;� � , ?�c�w�,xT� .. . r�o' 'r�^��;,�� >,�. 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