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Home My WebLink About342501-1-003-2001 f Return Address: City Clerk City of Bremerton 345 Sixth Street, Suite 600 Bremerton, WA 98337 BREMERTON CITY OF 201407100142 Agreement Rec Fee $ 78 00 07!10+'2014 03 50 PM Page 1 of 7 Walter Washington, Kitsap Co Auditor Illilll 11 1111 III IN 111111111 IN 111 111111111111111111 II! 1111111111 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. Wayne and Tricia Booher U Additional names on page 3 of document. Grantee(s): 1. The City of Bremerton L7 Additional names on page 4 of document. Legal Description: A portion of the NEIA of the SE 'A in Sec. 34, T25N R 1 E., W.M. Kitsap County, (abbreviated) Washington Additional legal is on page of document. Assessor's Property Tax Parcel /Account Number: 342501 -1- 003 -2001 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, Bremerton, Kitsap County, Washington, (hereinafter "Property"), legally described as: SEE ATTACHED EXHIBIT "A" 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' 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 service for: Residential water service connections. One connection for each lot listed in exhibit " A " 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. CITY OF BREMERTON DATED: ' P 4 BY: Patty Le r� pr DEPARTMENTAL APPROVAL: Chal Martin, Director of Public W ks and Utilities APPROVED AS TO FORM: Roger Lubovich, Bremerton City Attorney RECEIVED FOR FILING: Shannon Corin, City Clerk 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. OWNER(S): DATED: 4 1 BY: _ v ( Po" - Ir op pffoU Wayn: ooher BY: — Tricia E. Booher STATE OF WASHINGTON ) ss. COUNTY OF KITSAP ) On�thi� day, before, t undersigned, a Notary Public in and for the State of Washington, personally appeared :7 "1 cW C , to me known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that he /she /they signed the same as his/her /their free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this �a ' ee day of CA— 2014 • O T A $9t •� Iy G�—Cl W• Met 26 2017: Notary Public in and for the State of Washington, PUBLIC •�Q� residing at: �0� ..,.• N`�1� My appointment expires: �2. WA EXHIBIT "A" 34251 E THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER, SECTION 34, TOWNSHIP 25 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON; EXCEPT THAT PORTION LYING EASTERLY OF SOUTH CENTRAL VALLEY ROAD AND EXCEPT THE SOUTH 90 FEET OF THE REMAINDER. I • • SPECIAL POWER OF ATTORNEY PREAMBLE: This is a military Power of Attorney prepared pursuant to Title 10, United States Code, Section 1044b, and executed by a person authorized to receive legal assistance from the military service. Federal law exempts this power of attorney from any requirement of form, substance, formality, or recording that is prescribed for powers of attorney by the laws of a state, the District of Columbia, or a territory, commonwealth, or possession of the United States. Federal law specifies that this power of attorney shall be given the same legal effect as a power of attorney prepared and executed in accordance with the laws of the jurisdiction where it is presented. KNOW ALL PERSONS BY THESE PRESENTS: That I, !,,r.t & l R CZQ k, _ , do hereby appoint C (City and State), my true and lawful attorney -in -fact to do the following in my name and in my behalf: To do all acts and sign all documents required in order to obtain military identification card(s) in my absence; and sign in my name, place and stead any document whatsoever necessary under the law, and to make, sign, endorse, receive or accept any instrument of any kind or nature as may be necessary and proper. Giving and granting individually unto said attorney full power and authority to do and perform all and any act, deed, matter and thing whatsoever in and about any of the specified particulars mentioned in the paragraph immediately above, as fully and effectually to all intents and purposes as I might and could do in my own person if personally present; and in addition thereto, I do hereby ratify and confirm each of the acts of my aforesaid attorney lawfully done pursuant to the authority herein above conferred. I HEREBY AUTHORIZE MY ATTORNEY TO INDEMNIFY AND HOLD HARMLESS ANY THIRD PARTY WHO ACCEPTS AND ACTS UNDER OR IN ACCORDANCE WITH THIS POWER OF ATTORNEY. This Power of Attorney shall become effective when I sign and execute it below. Further, unless sooner revoked or terminated b l y me, this Power of Attorney shall become NULL and VOID on 2� }� Z�7 (� 1 (3 year MAX) . y I HEREBY RATIFY ALL THAT MY ATTORNEY SHALL LAWFULLY DO OR CAUSE TO BE DONE BY THIS DOCUMENT. All business transacted hereunder for me or for my account shall be transacted in my name, and all endorsements and instruments executed by my attorney for the purpose of carrying out the foregoing powers shall contain my name, followed by that of my attorney and the designation "attorney -in- fact." IN WITNESS WHEREOF, I sign, seal, declare, publish, make and constitute this as and for my Power of Attorney in the presence of the Notary Public witnessing it at my request this date, 2 d5 F-Q 2 01 (Today's Date) . I Signature) -ID Cards - Page 1 of 2 Y • � Subscribed to and acknowledged before me by the above named grantor who is known !`t,6 //me to be eligible for Legal Assistance under the provisions of 10 USC SC j e` ion 1 44 r / �° ti' ns of the Department of Defense, on t . '/ /T �- WITH THE ARMED FORCES OF THE UNITED STATES) I IS T OF WASHINGTON AT JOINT BASE LEWIS- MCCHORD, WASHINGTON ) C TY OF PIERCE r 1 " il, / SIGN r �Jovana B. Duplechain PRINT Notary Public..in.and the State of Washington RANK /COMPONENT f ) My Commission Expires: _22 July 2014 [ j OFFICIAL CAPACITY ** *This acknowledgment s executed in my official capacity under the aut ority granted by Title 10, United States Code, Se (ftion 1044a, which also states that no seal is requirk -ID Cards - Page 2 of 2