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Home My WebLink About4033 W BELFAIR VALLEY RD Return Address: City Clerk City of Bremerton 345 Sixth Street, Suite 600 Bremerton, WA 98337 —� �— 20100811@194 � � i ' � BREMERTON CITY 0 Page � of � I l qgreement Rec Fee S 68.00 08/11/2010 �2:02 PM , Walter Washington, Kitsap Co Auditor % ��I��I��I��I��0�� , � AUDITOR/RECORDER'S INDEXING FORM Document ritle(s): 1. Outside Utilities Agreement Reference Number(s) of Documents assigned or released: N/A Grantor(s): 1. Bruce R. Quaintance � 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 SE '/4 of the NW '/e in Sec. 32, T24N R 1 E., W.M. Kitsap County, (abbreviated) Washington. x� Additional legal is on page 5, 6, 7 of document. Assessor's Property Tax Parcel/Account Number: 4504-000-007-0402 Pro�ecc Name: Gorst Sewerage System Project OUTSIDE UTILITIES AGREEMENT WHEREAS the Bremerton Municipal Code requires properiy 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 4033 W Belfair Valley Rd., Bremerton, Kitsap County, Washington, (hereinafter "Property"), legally described as: SEE ATTACHED EXHIBIT "A" Page 1 of 7 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 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 CharQes. 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, gants to the City of Bremerton a Limited Power of Attorney to include this Ageement 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 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 Utility Agreement ` OWNER: �� . DATED:_��,�_ BY: __ �-- Bruce R Quaintance STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) ._...._�" On this 3� day of C/ , 2009, before me a Notary Public in and for the State of Washington, personally appeared Bruce R. Quaintance 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 Withrn This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day an�� e written. '' �•��,�P � �� _ � � O tp Ar G� ! � = v � � : � c� �+/,� �12 �rn.� JULY 10. ��a = Notary Public in and for the State of Washington, a �� puS D .�D a ; residing at: Bremerton '�i,�� p� WAg �,� `` ��` My appointment expires: 7/18/2013 �mnw Page 3 of 7 Outside Utility Agreement , CITY OF BREMERTON DATED: �� BY: �� _..--_�..-_... , - ent, Mayor DEPARTMENTAL APPROVAL: . Director Public Works and Utilities APPROVED ORM: / �'Q-- Roger L ic , B erton City Attorney RECEIVED FOR FILING: Carol Etgen, ity Clerk 1675776 OUA_Quaintance 4033_W Belfair Valley_Rd.doc Page 4 of 7 Outside Utility Agreement r'�- EXHIBIT "A" A PORTION OF SECTION 32, TOWNSHIP 24 N., RANGE 1 E.; WILLAMETTE MERIDIAN TAX ASSESSOR'S ACCOUNT 1vUMBER RP ID ADDRESS 4504-000-007-0402 1675776 4033 W BELFAIR VALLEY RD LEGAL DESCRIPTION BREMERTON WATERWORKS TRACT (MH8-393 TITLE ELIM 1993 FLEET 27X48 ORFLP4815854BS) LOT C SHORT PLAT 705R-1 RECORDED UNDER AUDITOR'S FILE NO. 1152053 AMENDED UNDER AUDITOR'S FILE NO. 9204230054; BEING THAT PORTION OF TRACT 7, BREMERTON WATERWORKS TRACTS, AS PER PLAT RECORDED IN VOLUME 4 OF PLATS, PAGE 102, RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST LINE OF SAID TRACT 7 AND THE SOUTH MARGIN OF NAVY YARD HIGHWAY; ' THENCE N88*38'00 W ALONG SAID SOUTH MARGIN 62.00 FEET; THENCE S1*40'S7 W 201 FEET TO THE TRUE POINT OF BEGINNING; THENCE S88*38'00 E 4.55 FEET; THENCE S1*38'00 E 143.75 FEET; THENCE N88*38'00 W TO THE - WEST LINE OF SAID TRACT 7; THENCE NORTH ALONG SAID WEST LINE TO A POINT THAT BEARS N88*38'00 W FROM THE TRUE POINT OF BEGINNING; THENCE S38*88'00 E TO THE TRUE POINT OF BEGINNING; SITUATE IN KITSAP COUNTY, WASHINGTON; EXCEPT THAT PORTION OF TRACT 7, BREMERTON WATER TRACTS, AS PER PLAT RECORDED IN VOLUME 4"OF PLATS, PAGE 102, RECORDS OF KITSAP COUNTY, WASHINGTON DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST LINE OF SAID TRACT 7 AND THE SOUTH MARGIN OF NAVY YARD HIGHWAY; THENCE N88*38'00 W ALONG SAID SOUTH MARGIN 62 FEET; THENCE S1*40'S7 W 201 FEET TO THE TRUE POINT OF BEGINNING; THENCE S88*38'00 E 4.55 FEET; THENCE Sl*38'00 E 143.75 FEET; THENCE N88*38'00 W 17.73 FEET; THENCE N1*38'00 W TO A POINT THAT BEARS N88*38'00 W FROM THE TRUE POINT OF BEGINNING; THENCE S88*38'00 E TO THE TRUE POINT OF BEGINNING; � SITUATE IN KITSAP COUNTY, WASHINGTON, CONVEYED UNDER AUDITOR'S FILE NO. 8011120123; Page 5 of 7 Outside Utility Agreement EXHIBIT "A" CONTINUED TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER, UNDER AND ACROSS A STRIP OF LAND 14 FEET IN WIDTH, THE EASTERLY LINE OF WHICH IS DESCRIBED AS FOLLOWS: THAT PORTION OF LOT 7, BREMERTON WATERWORKS TRACTS, AS PER PLAT RECORDED IN VOLUME 4 OF PLATS, PAGE 102, RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE � � INTERSECTION OF THE EAST LINE OF SAID TRACT 7 AND THE SOUTH MARGIN OF NAVY YARD HIGHWAY; THENCE N88*38'00 W ALONG SAID SOUTH MARGIN 62 FEET TO THE TRUE POINT OF BEGINNING OF SAID LINE; THENCE S1*40'S7 W 100.5 FEET; THENCE S45*W 40 FEET; THENCE S1*40'S7 W 70 FEET; THENCE S88*38'00 W 14 FEET; THENCE N1*40'S7 E 75 FEET; THENCE N45*E 25 FEET TO A POINT 76 FEET WEST OF THE EAST LINE OF TRACT 7; THENCE Nl*38'00 E 100.5 FEET TO THE TERMINUS OF SAID LINE; SITUATE IN KITSAP COUNTY, WASHINGTON. � . , � Page 6 of 7 Outside Utility Agreement I I II � EXHIBIT "A" CONTINUED � � � : .......... ..,...... �� ' � £ � � � � . � � g . � � � �( s � � � � � L � ' ` � . �.. . ..... �.�... ....,w. ,,, i a . ..,...�. � „ , ,.,, . .,. ..�-,. . .. @ � � `(��.,F�i,�>� �A��;�,. E��. �� _ ,._... � . _,«. _.. , , , ,,,,, ,:,.,,,,. _ ...... . ........ _ .. . ...,,.�.. .. .,,, �, � , � � $ � � , _ ° j __........... _.; � i g } � S .,, , � i � 3 . . ...__,_.... .. � � ` _— • .� E �� ; ......�..>.. . � �,.,n.,.._,. ' � � � � � � � };, ._. . „ ..4 . � # � _ • € f . �° , � � � � Page 7 of 7 Outside Utility Agreement