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Home My WebLink AboutPRESERVE AT ILLAHEE SPRINGS • • Return Address: City Clerk City of Bremerton 345 Sixth Street,Suite 100 Bremerton,WA 98337 BREMERTON CITY OF 201905240269 Agreement Rec Fee: $ 103.00 05/24/2019 03:23 PM Page 1 of 5 Paul Andrews, Kitsap Co Auditor 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. MCWILLIAMS ROAD LLC CIO DETENT MGMT INC 0 Additional names on page of document. Grantee(s): 1, The City of Bremerton iEl Additional names on page of document. i Legal Description: THE SOUTH THREE-QUARTERS OF THE SOUTHEAST QUARTER OF THE (abbreviated) SOUTHWEST QUARTER OF SECTION 26,TOWNSHIP 25 NORTH,RANGE 1 EAST, W.M.,IN KITSAP COUNTY,WASHINGTON;AND A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 25 NORTH,RANGE 1 EAST,W.M.,IN KITSAP COUNTY, WASHINGTON ® Additional legal is on page 5 of document. Assessor's Property Tax Parcel/Account Number: 262501-3-007-2003 Project Name: Preserve at Illahee Springs 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 Page 1 of 5 Outside Utilities Agreement Rev. 07/2018 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 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. Page 2 of 5 Outside Utilities Agreement Rev. 07/2018 1 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 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): / I DATED: 2Y}Icuç 1?Ol q BY: Le bit / Ari. I/ A. c wner BY: STATE OF WASHINGTON ) )ss COUNTY OF KITSAP ) On this day,before , e�signed,;��Public in and for the State of Washington, personally appeared _ �-c� , �eti ,to me known to be the individual(s) d cribed 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 un�gti fli1/4d official seal this d day of ®/ 20 O rk, 1 i NOTARY i PUBIC i z O • - ,, ,:o/241#1,40..? otary Public in for the State of Washington, ,' residing at: '� O tsp iiitO Va ```` My appointment expires: / / V/° Page 3 of5 Outside Utilities Agreement Rev. 07/2018 • CITY OF BREMERTON DATED: S J CT 12°VI BY: Greg eler,Mayor DEPARTMENTAL APPROVAL: Director of Public Works and Utilities APPROVED AS TO FORM: i � J � Roger Lubovic f remerton fifty Attorney City CLpDd3 R:\Legal\Legal\Forms\FORMS ON COBWEB\Outside Utilities Agreement Rev.01 2018.docx Page 4 of 5 Outside Utilities Agreement Rev. 01/2018 EXHIBIT A THE SOUTH THREE-QUARTERS OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26,TOWNSHIP 25 NORTH,RANGE 1 EAST,W.M.,IN KITSAP COUNTY,WASHINGTON; AND A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 25 NORTH,RANGE 1 EAST,W.M., IN KITSAP COUNTY,WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 26;THENCE SOUTH 88*15'51" EAST ALONG THE SOUTH LINE OF SAID SECTION 26 A DISTANCE OF 1314.66 FEET TO THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE NORTH 00*56'13" EAST ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER 996.39 FEET TO THE NORTHEAST CORNER OF THE SOUTH HALF OF THE NORTH HALF OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER;THENCE SOUTH 56*56'14°` WEST 6.03 FEET TO A POINT 5.00 NORMAL DISTANCE WEST OF SAID EAST LINE; THENCE SOUTH 00*56'13"WEST PARALLEL WITH SAID EAST LINE 992.95 FEET TO THE SOUTH LINE OF SAID SECTION 26;THENCE SOUTH 88*15'51" EAST 5.00 FEET TO THE POINT OF BEGINNING; EXCEPT ROADS.>>>>EXCEPT THAT PORTION CONVEYED TO KITSAP COUNTY FOR MCWILLIAMS ROAD AND OLD MILITARY ROAD INTERSECTION UNDER AUDITOR'S FILE NO. 201510230031,RECORDS OF KITSAP COUNTY,WASHINGTON. t 1 1 k tee."`"" 4-078 E y g 3-II39, F iiiiiAIL -6 �� 4-081 iir 11 1 ZOf Zodiac LI.. ...�' 9.007 4-08 2 1 cc NW Aquattus Li) all t al Ila r NI 11111111, NI pipl 44 M� 1111 11111111111 d_n , 421 Iiaiii , iIhiIII i ,,.. .../ Wow ,..n44a � . i = oaa-no 1,,ir i P111111.. p - 2-tl48 z.tss z-axs 2.3y -sx4089 I 1 tk'tlich`C' 2-029 7e z.xoox-asx z-noy o WM. MIMI Z a'' la fir—. --- Page 5 of 5 Outside Utilities Agreement Rev. 07/2018