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Home My WebLink About2344 SAND DOLLAR RD W Return Address City Clerk City of Bremerton 345 Sixth Street, Suite 600 Bremerton, WA 98337 BREMERTON CITY OF 201201260133 �I Agreement Rec Fee $ 67 00 01/26/2012 02 28 PM Page 1 of 6 Walter Washington, Kitsap Co Auditor '� 1 1111111 111111 III II 1111 illlll 11 1111 11111 11 111 1111111 111 !1111 IIIII I {III IIIII IIII III{ , 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 Briggs and Acosta x❑ 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 SW '/o of Section 28, Township 24N, Range 1 E, W M (abbreviated) Kitsap County, Washington x� Additional legal is on page 5 of document Assessor's Property Tax Parcel /Account Number 4640 - 004 - 017 -0308 Project Name Single family water and 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 in Sherman Heights, Bremerton, Kitsap County, Washington, (hereinafter "Property "), legally described as Page 1 of 5 r SEE ATTACHED EXHIBIT "A" and the City of Bremerton (hereinafter "City"), in consideration of the mutual covenants set forth herem including the furmshing of utility services by the City of Bremerton, do hereby pronuse 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 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 Water and Sewer service for single farmly 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 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 unmediate termination of utility services to the above - descnbed 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 runrung 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 OWNER(S) DATED IV- / ! BY ' Owner BY TEIvw�I / T :1 H&e Y STATE OF WASHINGTON ) ss COUNTY OF KITSAP ) On this day, before e, the undersi ed, a Notary Public in and for the State of Washington, personally appeared S to me known to be the individual(s) described in and who executed the and foregoing instrument, and acknowledged that &she4ey signed the same as Ti free and voluntary act and deed, for the uses and purposes therein mentioned GIVEN under my hand and official seal this day of &C e w L y , 2011 ®-e\lilii 1 p P J UG V� Vh �� m Notary Public in d for the State of Washington, 0 7 residing at <� a siiieA� #�1�� My appointment expires Page 3 of 5 r STATE OF Washington } COUNTY OF Mtsap } SS: On this 14 day of December, 2011 before me personally appeared David C. Briggs , who executed the within instrument as Attorney in Fact for Jeimv Acosta and acknowledged to me that he signed and sealed the same as lus free and voluntary act and deed as Attorney in Fact for Jeimv Acosta for the uses and purposes therein mentioned, and on oath stated that the Power of Attorney authorizing the execution of this instrument has not been revoked and that the said Jeimv Acosta is now living, and is not incompetent Given under my hand and official seal the day and year last a e �vritte (Seal) ;w. , L. ?41, ��i� Nota Public and or the State of Washington esid at Seabeck QVIy appointment expires 2/2/2013 r `z: r CITY OF BREMERTON DATED A BY any Le yor DEPARTMENTAL APPROYAL Dire r of Public orks and Utilities Z TO FORM Bremerton City Attorney ECETNZPD FOR F Clerk Page 4 of 5 4 ' RESULTANT PARCEL 17 OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO. 200912240019, RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THAT PORTION OF BLOCK 4, PLAT OF SHERMAN HEIGHTS, AS RECORDED IN VOLUME 6 OF PLATS, PAGE 36, RECORDS OF KITSAP COUNTY, WASHINGTON, BEING A PORTION OF GOVERNMENT LOT 5, SECTION 28, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 28; THENCE SOUTH 89 *13'24" EAST ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 28 A DISTANCE OF 1323.09 FEET TO THE SOUTHWEST CORNER OF SAID GOVERNMENT LOT 5, AS SHOWN ON SUBDIVISION OF SAID SUBDIVISION OF SAID SECTION 28 BY KITSAP COUNTY DEPARTMENT OF PUBLIC WORKS, DATED AUGUST 1,1994; THENCE NORTH 0 *29'45" EAST ALONG THE WEST LINE THEREOF A DISTANCE OF 1319.16 FEET TO THE NORTHWEST CORNER OF SAID GOVERNMENT LOT 5; THENCE SOUTH 89 *00'59" EAST ALONG THE NORTH LINE THEREOF A DISTANCE OF 1308.30 FEET TO THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 5; THENCE SOUTH 0 *53'58" WEST ALONG THE EAST LINE THEREOF A DISTANCE OF 503.64 FEET TO THE NORTH LINE OF LOT 36, BLOCK 4 OF SAID PLAT; THENCE SOUTH 69 *01 WEST 415.66 FEET TO THE NORTHEASTERLY CORNER OF LOT 30, BLOCK 4 OF SAID PLAT; THENCE SOUTH 74 *16'28" WEST 350.00 FEET TO THE NORTHEASTERLY CORNER OF LOT 25, BLOCK 4 OF SAID PLAT; THENCE SOUTH 71 *15'38" WEST ALONG THE NORTH LINE OF LOTS 23,24 AND 25, BLOCK 4 OF SAID PLAT A DISTANCE OF 169.88 FEET; THENCE NORTH 16 *43'32" WEST 23.01 FEET; THENCE SOUTH 71 *15'38" WEST 110.12 FEET; THENCE SOUTH 16 *43'32" EAST 23.02 FEET TO THE NORTHEAST CORNER OF LOT 21, BLOCK 4 OF SAID PLAT BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 71 *15'38" WEST 55.62 FEET TO THE NORTHWEST CORNER OF SAID LOT 21; THENCE NORTH 16 *43'32" WEST 106.42 FEET TO THE SOUTHERLY RIGHT -OF -WAY MARGIN OF SHERMAN BOULEVARD BEING A POINT ON A CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 301.67 FEET FROM WHICH THE RADIUS POINT OF SAID CURVE BEARS NORTH 38 *11'56" WEST; THENCE NORTHEASTERLY (COUNTERCLOCKWISE) ALONG SAID RIGHT -OF -WAY MARGIN AND ALONG SAID CURVE AN ARC DISTANCE OF 18.63 FEET THROUGH A CENTRAL ANGLE OF 3 *32'16" TO THE BEGINNING OF A REVERSE CURVE TO THE RIGHT HAVING A RADIUS OF 370.85 FEET; THENCE ALONG SAID RIGHT - OF -WAY MARGIN AND ALONG SAID CURVE AN ARC DISTANCE OF 41.46 FEET THROUGH A CENTRAL ANGLE OF 6 *24'20 "; THENCE SOUTH 16 *43'32" EAST 127.21 FEET TO THE TRUE POINT OF BEGINNING. 194640- 002 - 010 -0101 oua doc Page 5 of 5