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Home My WebLink About3118 W SHERMAN HEIGHTS RD Return Address: City Clerk City of Bremerton 345 Sixth Street, Suite 600 Bremerton, WA 98337 � � BREMERTON CITY OF 20100811@189 � Agreement Rec Fee: $ 67 00 08/11J2010 02:02 PM Page• 1 of 6 � Walter Washin9ton, Kitsap Co Ruditor I � I IIIII�I IIIIII III IIII IIIIIII IIIIII IIII IIII II�II II�II II�IIII III IIIII II�II �IIII IIII II�I 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. Beatrice A. Belcher Estate, Teresa Brian Executor x� Additional names on page 3 of document. Grantee(s): 1. The City of Bremerton � Additional names on page 4 of document. Legal Description: A portion of the NW '/4 of the NW '/4 in Sec. 33, T24N R 1 E., W.M. Kitsap County, (abbreviated) Washington. x0 Additional legal is on page 5 of document. ' Assessor's Property Tax Parcel/Account Number: 332401-2-011-2001 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 gowth and development within the City; and WHEREAS the undersigned, as owner of a parcel outside the City of Bremerton, has made application far city utilities; NOW, THEREFORE, the undersigned owner (hereinafter "Owner") of real property located at 3118 W. Sherman Heights Rd., Bremerton, Kitsap County, Washington, (hereinafter "Property"), legally described as: SEE ATTACHED EXHIBIT "A" Page 1 of 5 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 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. 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 Properiy 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 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 5 Outside Utility Agreement ' OWNER: . , ^ -, DATED: �'� 1 � I v BY: Tere rian, Executor Beatrice A. Belcher Estate STATE OF WASHINGTON ) � ) ss. . COUNTY OF KITSAP ) On this �� day of i�l�� , 2010, before me a Notary Public in and for the State of Washington, personally appeared Teresa Brian, 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 Mus1 Appear Wlthin This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day ��1.►�ve written. � � � . :� � Bqt, i�� 9 � � � ? v OSAAr <'; % _ � �1► � �" _ � c ' .� �k"� � v� ,� f � � 1a p a� Notary Public in and for the State of Washington, ; m � 9 pt36L� `�p'`o; residing at: rQ � yY► (� 0,,� ��i �OF WAB� �� My appointment expires: / /� �� . Page 3 of 5 Outside Utility Agreement � CITY OF BREMERTON DATED: �D BY: � tty Lent Mayor DEPARTMENTAL APPROVAL: u o blic Works and Utilities APPROVED S ORM: r� ' , . , Roger L ovic , Br erton City Attorney RECEIVED FOR FILING: � Carol Etgen City C erk 1170141_OUA_Belcher 3118 W_Sherman_Heights_Rd.doc Page 4 of 5 • Outside Utiliry Agreement EXHIBIT "A" LEGAL DESCRIPTION A PORTION OF SECTION 33, TOWNSHIP 24 N., RANGE 1 E.; WII.,LAMETTE MERIDIAN TAX ASSESSOR'S ACCOUNT NUMBER RP ID ADDRESS 332401-2-011-2001 1170141 3118 W. Sherman Heights Rd L 2 SEC 33 & NE1/4 NE1/4 SEC 32 DES AS FOLS BEG AT COR COMMON TO SECS 28 29 32 & 33 S 1*2'16 W 987.69FT S 45*50'42 E 32.07FT M/L TO CO RD NELY ALG NWLY MAR OF RD 20FT N 45*50'42 W 217.8FT NELY PAR WITH & 217.8FT DIST FROM NWLY MAR OF CO RD WHEN MEASURED AT RIGHT ANGLES T�-IERE TO A DISTANCE OF 68FT S 45*50'42 E 217.8FT TO RD SLY 68FT ALG RD TO BEG . ��aas �' . 1-1 i7 ' ��17 `. '�, 2-0I�j8 2-�E19 � 2�'1��1 ' 2-01� / 1 klfl2 1-0fl7 . �-09�3 �.� `� 1�(]4�G �,�'� " � 1-�IdlB �� 2�11 �3 1�JJ5 �i�l{]9 ; ' , .� BELCHER BFr4��1�E A " � � 1�$i11 � � � � a'1-Z ��' 12 � � � ��,°4�` Grr�ryright�:.t:,,j��10 Kitsapz-�i2��nty.� Page 5 of 5 Outside Utility Agreement �� , $ ilel TFiE SlJPERIOR COUF��' OF THE STATE �� {��"'` ^.r++�Rn �,� �D � WASHINCTOPd IP� AND FOR '�HE COUNT1f OF t{ITSAP '�„"� �� !N THE WIATTER OF 1'HE ESTATE OF �� W P �ERSQ� ri � ( � �j �e. P �i.i ! 6 � V �Q. ^ r A !' Deceased. � —_ 1 � i h � �7ATH LETTERS TESTARflENTARY STAT'E OF WASHIAQGTOP! ) (OA} (LTitTS� f �ou�nr o� KrrsA� � WHEREAS, the last wili of �� f��' ��G�rG^ , deceasecl, was, on the � day of N�/Gt�t�r ,,q,p. Zpp} ,��y exhibited, proven, and reco�ded in our said superiar court; and whereas, it appears in and by said will ti�at �� 6�e�h is appoint�d executor thereon, and, wherea�s, said ��'�A., has dufy quai'�'ied, now, therefore, know a!I mer� by these presenfs, that we do hereby authorize 4he said _ Ct'Gs�., �- �Y[ a0� to execute said wiU ac�ording t� law. WITNESS my hand and sesl of said Court this '� day of N bV�+l �' A. D. � b'?i - � . D,4VID W. PEl°ERSOFi, Clerk of the Superior Court STATE OF 1NASHlNGTON ) �'Y ��+�" . DeP�ty ) OA7H, COUid4Y 4F 6CITSAP ) 1'he undersignetl, being first du(y sworn, on oath deposes anci states: 1 am the individua! who has petitioned to be appointed executor and ! solemniy swear that upon my appointment ! witl perform according to t�w the duties o# my trust. � , ,,�091�OOOA/ s � i v � ° � ` �:•S ON ��4 ��' � � , ExeCUtar e � �@'a�`6 / � Fd, �� v � „�. � SUB;�R 1B�D and sworn to (or ffirm�cl) before me nn � � ��, �pt�►RY � * � this �� da of � , A.D., �- oo . � ' PU��-l • "° '� ��. . � �� . Notar� Public in A �: . �� 01 � :,�_� and far the State af Washin�ton, residing in �se� County. STATE OF W�SF01NGTOA9 ) �'''�,�'�1F°OF1W�+`'�� My commission sxpires�l- i(��?.�71 l � �� COUNTV 0� KiTSAP ) i, DAVtO IN. PIETERSON, Clerk of the Superior Caurt of sa9d Caunty and SYate do hereby certify that the above and foreg Qi�g is a true and correct copy of Letters'Tes4�mer�tary in th� above-�ntitled case, and were on the �_ day of ��v , A.D.�6� du�y sntered of record; and ! further certify saici Letters aPe still in full farce and efFect and have n�t beeii revoked. _ t�J TESTIIrAONY WH REOf, I have hereunta set my h �q d � a d aifixed the seat of satd Supe�� A this _�ay of �j�ri'v�---� , A.D. d' �lU f.-j "'�� ' ��C.• StAT� R/��%�,L� , DAVID W, P�TERSON, Cier,k��the Su ��8f:�o�r��;.. , �-- � , �� 6 _ � S .4• `'�„�:., .,,� �>. �� , Y _ ,�--. ti -�- ,; � t0.?3 Ot IFncers IactamenlaryRoath . ' ,� i t i,