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Home My WebLink About3070 W SHERMAN HEIGHTS RD / Return Address: City Clerk City of Bremerton ' 345 Sixth Street; Suite 600 Bremerton, WA 98337 � —� BREMERTON CITY OF 20101026020 � Rgreement Rec Fee $ 67 00 page 1 of 6 10126J2� 10.58 RM , Walter Washington, Kitsap Co Ruditor i lll!III III III III IIII IIIIIII IIIIII IIII IIII IIIII IIIII lllllll lll lll�l lllll lllll llll llll AUDITOR/RECORDER'S INDEXING FORM Document Title(s): 1. Outside Urilities Agreement Reference Number(s) of Documents assigned or released: N/A � Grantor(s): 1. Patrick & Cheryl Lockhart x� Additional names on page 3&4 of document. Grantee(s): 1. The City of Bremerton x� Addirional names on page 5 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 ' 6 of document. Assessor's Property Tax Parcel/Account Number: 332401-2-008-2006 Pro)ect Name: Gorst Sewerage System Project , OUTSIDE UTILITIES AGREEMENT WHEREAS the Bremerton Municipal Code requires property outside the city boundaries to support annexarion to the City of Bremerton as a condition for receivirig City utiliries (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 utiliries; NOW, THEREFORE, the undersigned owner (hereinafter "Owner") of real property located at 3070 W. Sherman Heights Rd., Bremerton, Kitsap County, Washington, (hereinafter "Property"), legally described as: SEE ATTACHED EX�IIBIT �°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 Ciry comprehensive utility plans as amended, and terms and condirions of a current Letter of Availability from the Bremerton Utilities Department. 2. Rates and Charges. Owner shall pay when due all connecrion charges, assessments, and rates established for city urility 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. 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 Petition for Annexarion 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 peririon 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 ternunation of urility 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 nuuiing 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: �f Z� !U � BY: Patric Loc a `-�-- . STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) , . On this � day of �/ , 2010, before me a Notary Public in and for the State of Washington, personally appeared Patrick Lockhart, 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 With�n This Box- IN WITNESS ' WHEREOF, I have hereunto set my hand and official seal the day and,x��p�� above written. `` �� P �NE BFqT�O�� _ . � � a p'fARy 9 G % � � _ , - /,/ �,%�vrn� s � � �U�Y 16� ��g �- Notary Public in and or the State of Washington, ' Pu B�� o� � residing at: ��- �,� � ��qr ��~��` My appointment expires: / 2�l ,� '�i,,�F OF'wAS�`��.�` , r . Page 3 of 6 Outside Utility Agreement OWNER: , d� �/-a/- a�/� �d� DATED: BY. Cheryl Lockhart STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) On this � � day of � , 2010, before me a Notary Public in and for the State of Washington, personal y appeared Cheryl Lockhart, 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 sta.ted 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 a� ��t�d�pve written. �`�� F9r ��''. � : 6� '�'i . : � pTA q y ' i � z a � � �� y� �. ` � �u�Y �s, �o�a m = �� p� ` Notary Public in and fo?the State of Washington, . � y�, �.. �� ``� residing at: k/1'1/L �'"UY� ��i��F�F.yypSH�� My appointment expires: �/ ZO/ � , Page 4 of 6 Outside Utility Agreement / CITY OF BREMERTON DATED: <3'o��D BZ'. Patty ent Mayor DEPARTMENTAL APPROVAL: `� /� — r � Vincent Akhimie, Director of Public Works and Utiliries FORM: �2 ger Lubov' Bremerton City Attomey RECEIVED FOR FILING: � Carol Etgen, i C erk 1170091 _OUA_Lockhart_3070_W_Sherman_Heights_Rd.doc Page 5 of 6 Outside Utility 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 332401-2-008-2006 1170091 3070 W. Sherman Heights Rd THAT PORTION OF GOVERNMENT LOT 2, SECTION 33, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M.,1N KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE CORNER COMMON TO SECTIONS 28, 29, 32 AND 33; THENCE SOUTH 1*2'16 WEST ALONG SECTION LINE BETWEEN SECTIONS 32 AND 33, A DISTANCE OF 987.69 FEET; THENCE SOUTH 45*50'2 EAST A DISTANCE OF 32.07 FEET, MORE OR LESS, TO COUNTY ROAD AND THE MOST EASTERLY CORNER OF A TRACT OF LAND CONVEYED TO J. R. BLISS BY DEED RECORDED IN VOLUME 263 OF DEEDS, PAGE 392; THENCE NORTHEASTERLY ALONG THE NORTHWESTERLY MARGIN OF SAID COUNTY ROAD 20 FEET; THENCE NORTH 45*50'42 WEST 217.8 FEET; THENCE NORTHEASTERLY PARALLEL WITH AND 217.8 FEET DISTANT FROM THE NORTHWESTERLY MARGIN OF THE COUNTY ROAD WHEN MEASURED AT RIGHT ANGLE THERETO, 204 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 45*50'42 EAST 217.8 FEET TO THE NORTHWESTERLY MARGIN OF COUNTY ROAD; THENCE NORTHEASTERLY ALONG SAID MARGIN OF COUNTY ROAD 68 FEET; THENCE NORTH 45*50'42 WEST 217.8 FEET; THENCE SOUTHWESTERLY PARALLEL WITH AND 217.8 FEET DISTANT FROM THE NORTHWESTERLY MARGiN OF SAID COUNTY ROAD A DISTANCE OF 68 FEET WHEN MEASURED AT RIGHT ANGLES TO THE TRUE POINT OF BEGINNING. I 1-117 3�S1�8 2�l€l� � �. i � f , z-�oa� ' 2�lft8 � �� 2-022 2-�lfl� �� 2�3'Ifl � � �� 11 � �'�``� , 2�t114 't-tI� T LO��HART PATF��: & CHERYL 33240'I-2-008-2006 ��'��` Capyri��-�o�� 20'10 Kitsap Gounty Page 6 of 6 Outside Utility Agreement