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Home My WebLink About3052 W SHERMAN HEIGHTS RD Return Address: City Clerk City of Bremerton 345 Sixth Street, Suite 600 Bremerton, WA 98337 � BREMERTON CITY OF 20 1010260205 � � Agreement Rec Fee. $ 67 0� 10/26/2010 1p 58 RM Page 1 of 6 j Walter Washtngton, Kitsap Co quditor I IIIIIII Ililll lll llll IIIIIII IIIIII IIII IIII IIIII IIIII IIIIIII III III�I ii{II illll llll llll � J AUDITOR/RECORDER'S INDEXING FORM ° Document Title(s): 1. Outside UHlities 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� Additional names on page 5 of document. Legal Description: A portion of the NW '/< of the NW '/4 in Sec. 33, T24N R 1 E., W.M. Kitsap County, (abbreviated) Washington. , x� Additional legal is on page 6 of document. Assessor's Property Tax Parcel/Account Number: 332401-2-006-2008 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 condirion for receiving City utiliries (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 applicarion for city urilities; NOW, THEREFORE, the undersigned owner (hereinafter "Owner") of real property located at 3052 W. Sherman Heights Rd., Bremerton, Kitsap County, Washington, (hereinafter "Property"), legally described as: SEE ATTACHED EXHIBIT "A" Page 1 of 6 Outside Utility Agreement i 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 condirions of a current Letter of Availability from the Bremerton Utilities Department. 2. Rates and Charaes. 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 Property as part of any Notice of Intent or Peririon for Annexarion presented to the City of Bremerton. / The annexation petition supported by this Power may include proportional assumprion 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 temunarion 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 n,nning 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: G� "' 2 r- I O BY: � Patrick Lockhart STATE OF WASHINGTON ) ) ss. COIJNTY OF KITSAP ) . On this �� day of � , 2010, before me a Notary Public in and for the State of Washington, persona y 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.4ppear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. `` �\�111 i i t I! f lll/ � � � � `` � � p Y N ' ' � � 9 l � � � �i ��,e��' OTA � ti L' i'}�11GJ� G✓✓�•�lsJ� ��'.�2,��/9-�/I A � JULY 18 2 9 m � Notary Public in and for the State of Washington, � ; residing at: ��,�vt �2� �' � g �� o = � My appointment expires: O13 ' �i� �(�' �'•••.....• G �� ii��, , WASN,��` \ � Page 3 of 6 Outside Utility Agreement , OWNER: DATED: � �/�" °Z �/ BY: Cheryl Lo khart STATE OF WASHINGTON ) . ) ss. _ COUNTY OF KITSAP ) On this ��., day of , 2010, before me a Notary Public in and for the State of Washington, person 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 stated that he/she/they were authorized to execute said instrument. -Notary Seal Must Appear With:n Th�s Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal . the day and year first above writteri. ��N ' `` ��p�lWE BE �'': � Q ptAq y �G � �/�/ � /.��Q _ z '�' �- Notary Public in and for the State of Washington, -- � JULY 18� t019 � ,� residing at: ,2 n� ; d� pu81.1� a � �� o ,�o ` ` My'appointment expires: 7 /� Z fl I� ��y��F WAS�;�� q1111tU � Page 4 of 6 Outside Utility Agreement - CITY OF BREMERTON , . DATED: a ' �S 4 � �D BY: Len Mayor DEPARTMENTAL APPROVAL: Y �^-' Vincent Akhimie, Director of Public Works and Urilities ; APP S TO . � �'*�'� R e ubovich, merton City Attorney RECEIVED FOR FILING: � Carol Et n, City Clerk , 1170059_OUA_Lockhart_3052_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 332401-2-006-2008 1170059 3052 W. Sherman Heights Rd THAT PORTION OF GOVERNMENT LOT 2, SECTION 33, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE CORNER COMMON TO SECTIONS 28, 29, 32 AND 33; THENCE S1*2'16 W ALONG SECTION LINE BETWEEN SECTIONS 32 AND 33, A DISTANCE OF 987.69 FEET; THENCE S45*50'42 E A DISTANCE OF 32.07 FEET, MORE OR LESS, TO THE COUNTY ROAD AND THE MOST EASTERLY CORNER OF A TRACT OF LAND CONVEYED TO J.R. BLISS AND RECORDED IN VOLUME 263 AND PAGE 392, RECORDS OF KITSAP COUNTY; THENCE NORTHEASTERLY ALONG THE NORTHWESTERLY MARGIN OF SAID COUNTY ROAD A DISTANCE OF 20 FEET; THENCE N45*50'42 W, A DISTANCE OF 217.8 FEET; THENCE NORTHEASTERLY PARALLEL WITH AND 217.8 FEET DISTANT FROM THE NORTHWESTERLY MARGIN OF THE COUNTY ROAD WHEN MEASURED AT RIGHT ANGLES THERETO, A DISTANCE OF 340 FEET TO TRiJE POINT OF BEGINNING; THENCE S45*50'42 E 217.8 FEET TO THE NORTHWESTERLY MARGIN OF THE COUNTY ROAD; THENCE NORTHEASTERLY ALONG SAID MARGIN OF COUNTY ROAD 60 FEET; THENCE N45*50'42 W 217.8 FEET; THENCE SOUTHWESTERLY PARALLEL WITH AND 217.8 FEET DISTANT FROM THE NORTHWESTERLY MARGIN OF THE COUNTY ROAD WHEN MEASURED AT RIGHT ANGLES TO THE TRUE POINT OF BEGINNING. , 3-0�� 1-17 7 ' . 2-0i�1 2�fl{1 � �-0�78 2-�f419 ,� 2�.1�� 2-£71 � ��` � 2�1'11 2�J1�4 � 1-dy�2 1fJtJ7 � 1�lblki �,�`��.� �' � 1 fi7�8 �.*�� 1��15 .�� 2-019 1-1'iJ� � 1�€l11 � 2-01x t-11�3 � � � 1��3 � �2 - _ �-023 . 1 �J9�# 1 � J � �� 1�:1�35 � L��.�{HART PATRICIf & CHE�� , � ,- ��-z-a,'"-��"aas Cvpyright C� �010 Kitsap County Page 6 of 6 Outside Utility Agreement