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Home My WebLink AboutBRUTSCHE, LEO & NORMA Return Address City Clerk City of Bremerton 345 Sixth Street, Suite 600 Bremerton, WA 98337 BREMERTON CITY OF 201103100153 Agreement Rec Fee $ 67 00 page 1 of 6 03/10/2011 01 42 PM Walter Washington, tsap Co Auditor 11111111111111III111111! 111111111 11111 111111111111111111 IN 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 Leo C & Norma J Brutsche x0 Additional names on page 2 of document Grantee(s) 1 The City of Bremerton x I Additional names on page 4 of document Legal Description A portion of the NW I /4 of the SE '/4 in Sec 32, T24N R 1 E , W M K l tsap County, (abbreviated) Washington x� Additional legal is on page 5&6 of document Assessor's Property Tax Parcel /Account Number 3224014- 063 -2005, 3224014- 066 -2002, 322401 -4- 064 -2004, 322401 -4- 067 -2001 Project Name Commercial Sewer Service 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 Gorst, Kitsap County, Washington, (hereinafter "Property "), legally described as Page 1 of 6 Outside Utility Agreement SEE ATTACHED EXHIBIT "A" and the City of Bremerton (hereinafter "City"), in consideration of the mutual covenants set forth herem including the furnishing of utility services by the City of Bremerton, do hereby promise and agree as follows I 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 Charges 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 Commercial Sewer Service 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 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 runnmg 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 OWNER(S) DATED BY , B;� Page 2 of 6 Outside Utility Agreement STATE OF WASHINGTON ) ss COUNTY OF KITSAP ) On this day, bef i re me, the undersigned, a Notary Public in and for the State of Washington, personally appeared ,LEV � /1��,,P pj'J q 4 ?ku �S� , to me known to be the mdividual(s) described in and who executed the within and foregoing instrument, and acknowledged that he /she /they signed the same as his/her /thetr free and voluntary act and deed, for the uses and purposes therein mentioned GIVEN under my hand and official seal this day of 2011 Notary Public Stab of Washington SUZANNE M DOMON My AppoiMn�M Expires Oct 15, 2013 Notary Pub is �anjd forthe / S / fate of Washington, residmg at /' F`pGQ My appointment expires �j / S— d013 Page 3 of 6 Outside Utility Agreement CITY OF BREMERTON DATED 67 i� BY Patty Lent, Mayor DEPARTMENTAL APPROVAL Vincent Akhume, Director of Public Works and Utilities APPROVED A RM Rog ubovich, merton City Attorney a gfc RECEIVED FOR FILING Carol Etgen, City ler ®brutsche -gorst oua doc Page 4 of 6 Outside Utility Agreement e EXHIBIT "A" 32241E THE EASTERLY 50 FEET OF THE NORTHERLY 200 FEET OF THE FOLLOWING TRACT: THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE N89 *7'29 E 61.57 FEET TO AN IRON PIPE AND TO AN OLD FENCE LINE; THENCE N1 *57'56 E ALONG OLD FENCE, 580.53 FEET TO THE SOUTH MARGIN OF STATE HIGHWAY; THENCE SOUTHWESTERLY ALONG SAID HIGHWAY TO THE WEST LINE OF SAID SOUTHEAST QUARTER; THENCE SOUTHERLY ALONG THE WEST LINE TO BEGINNING. 32241E THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, SECTION 32, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER SAID SECTION; THENCE S88 *57'06 E ALONG THE SOUTH LINE OF SAID SUBDIVISION 61.57 FEET; THENCE N1 *57'56 E 382.11 FEET; THENCE S70 *56'51 W 53.05 FEET; THENCE N1 *40'48 E 200 FEET TO THE SOUTH MARGIN OF STATE HIGHWAY 14; THENCE WESTERLY ALONG SAID HIGHWAY 20.6 FEET TO THE WEST LINE OF SAID SUBDIVISION; THENCE S1 *02 W 557.26 FEET TO THE POINT OF BEGINNING. 32241E THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT A CONCRETE MONUMENT AT THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER FROM WHICH THE SOUTH ONE - QUARTER CORNER OF SAID SECTION 32 BEARS S1 *02'26 W 1332.03 FEET; THENCE S88 *57'06 E ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER A DISTANCE OF 207.72 FEET TO A CONCRETE MONUMENT; THENCE N10 *16'47 E 382.80 FEET TO A CONCRETE MONUMENT, THE TRUE POINT OF BEGINNING; THENCE N4 *25'00 E 102.00 FEET TO A CONCRETE MONUMENT AT AN EXISTING FENCE CORNER; THENCE CONTINUING N4 *25'00 E ALONG AN EXISTING FENCE 128.00 FEET TO A CONCRETE MONUMENT; THENCE CONTINUE N4 *35'00 E 10.00 FEET TO A POINT ON A CURVE ON THE SOUTH MARGIN OF THE STATE HIGHWAY WHOSE RADIUS POINT BEARS S5 *09'08 E 1096.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 91.97 FEET; THENCE S4 *25 W 236.24 FEET; THENCE S88 *57 E 90.00 FEET TO THE TRUE POINT OF BEGINNING. Page 5 of 6 Outside Utility Agreement 32241E THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, AS AMENDED UNDER KITSAP COUNTY SUPERIOR COURT CAUSE NO. 68008, DESCRIBED AS FOLLOWS: COMMENCING AT A CONCRETE MONUMENT AT THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER FROM WHICH THE SOUTH ONE - QUARTER CORNER OF SAID SECTION 32 BEARS S1 *02'26 W 1332.03 FEET; THENCE S88 *57'06 E ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, A DISTANCE OF 61.57 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUE S88 *57'06 E 146.15 FEET TO A CONCRETE MONUMENT; THENCE N10 *16'47 E 382.80 FEET; THENCE N88 *57'06 W 90.00 FEET; THENCE N4 *25'00 E 236.24 FEET TO A POINT ON A CURVE ON THE SOUTH MARGIN OF THE STATE HIGHWAY WHOSE RADIUS POINT BEARS S9 *57'18 E 1096.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC 126.08 FEET WHICH BEARS N1 *57'56 E FROM THE TRUE POINT OF BEGINNING; THENCE S1 *57'56 W 582.63 FEET TO THE TRUE POINT OF BEGINING. Page 6 of 6 Outside Utility Agreement ,J _