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Home My WebLink About3865 W FRONTAGE RD Return Address: City Clerk City of Bremerton 345 Sixth Street, Suite 600 Bremerton, WA 98337 � BREMERTON CITY OF 201003030118 � qgreement Rec Fee $ 67 00 P d9e � of 6 �3/03/201� 01 30 PM Walter Washington� Kitsap Co Ruditor I illllll Iiillf III IIII IIIIIII Iliill IIII Iiii IIIII Ililt IIIIIII itl IIIII Iilil IIIII Ilill IIII IIII J 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. Gabriel E.L. Cyphers 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 NW '/4 of the SE'/< in Sec. 32, T24N R 1 E., W.M. Kitsap County, (abbreviated) Washington. 0 Additional legal is on page 5, 6 of document. Assessor's Property Tax Parcel/Account Number: 322401-4-058-2002 Project 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 3865 W Frontage Rd., Port Orchard, Kitsap County, Washington, (hereinafter "Property"), legally described as: � i SEE ATTACHED EXHIBIT "A" Page 1 of 6 Outside Utdity 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 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 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 asswnption 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 properiy 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 Ageement shall be filed for record in the office of the Kitsap County Auditor. Page 2 of 6 Outside Utdity Agreement OWNER: � ��J�� DATED: � � � d BY: Gab el E. L. Cyphers STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) 1 � On this � day of ./,v��'�� ,'2009, before me a Notary Public in and for the State of Washington, personally appeared Gabriel E. L. Cyphers 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 W�th�n Thrs Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and � written. `\ ��A�NE BF ��i,� _ �� o`�.�"� � � Q �r �OTp AY� � � `�- _ _" =Z m_ _ �� dUI.Y 18, 20iS = �Notary Public in and for the State of Washington, . ��'�, � B�� 0 � residing at: Bremerton �'�i, 9 �'F'''•••••N•" ��' �� My appointment expires: 7/18/2013 i WAS`?` ```�� Page 3 of 6 Outside Utility Agreement CITY OF BREMERTON DATED: BY: � Lent, Mayor DEPARTMENTAL APPROVAL: � ��2'r�.-.-� Plul i iams, D�rector of Pubhc Works and Urihries APPROVED AS TO FORM: ( � �.- Roge bovich, B erton City Attorney RECEIVED FOR FILING: �/1 � 1 > J �.�Q�a .t � i� _ Carol Etgen, City Clerk �� 1169465_OUA_Cyphers_3865_W_Frontage_Rd.doc Page 4 of 6 Outside Utility Agreement � EXHIBIT "A" � � A PORTION OF SECTION 32, TOWNSHIl' 24 N., RANGE 1 E.; WII,LAMETTE MERIDIAN TAX ASSESSOR'S ACCOUNT NUMBER RP ID ADDRESS 322401-4-058-2002 1169465 3865 W FRONTAGE RD LEGAL DESCRIPTION THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, SECTION 32, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., HITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: »BEGINNING AT A POINT WHICH IS 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; THENCE S86*59'E 96.04 FEET TO THE TRUE POINT OF BEGINNING; THENCE S3*Ol'W 210 FEET; THENCE S86*59'E 100 FEET; THENCE N3*Ol'E 210 FEET; THENCE N86*59'W 100 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT PORTION DESCRIBED AS FOLLOWS: »THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, SECTION 32, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN HITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: »BEGINNING AT A POINT WHICH IS SOUTH 46.61 FEET AND WEST 158.78 FEET FROM THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE S86*59'E ALONG THE SOUTHERLY LINE OF COUNTY ROAD N0.184, 96.04 FEET TO THE POINT OF BEGINNING; THENCE S3*Ol'W 100 FEET; THENCE S86*59'E 50 FEET; THENCE N5*18'E 100.08 FEET TO A POINT S86*59'E FROM THE TRUE POINT OF BEGINNING; THENCE N86*59'W 54 FEET TO THE TRUE POINT OF BEGINNING. 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M � (� ' R l � g �� Y 'A�_..-..-` �� 4h € 53 ` l. � ��L�J�J f p R � •►�.L I � � , ;� ,,� � _ �� 3 � ��s ' � l �,� ` 362 i 4y pb , , ' � � � � ,�,; � _ , �, ' � .. � _ , , § -° �- r�. � �`� �I � ,Y. y � . � a i, w . 1 a 1 y 5 i • ... �.., 4 � ..w-.�---...�._�E...._,.e. `� Outside U9ility Ag ee I �� '§ � • L��I�I�I�( F0� ��COF��I�� i� �P�B�� U��A�I��A��ORY II� �► ��8��1 �� IV� I��Uf��Y lf�� [�8!!��