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Home My WebLink About158 CLEARVIEW LANEFiled for Record at Request of: When Recorded Return to: ~RE?IERTOH CITY N~{ Ci~ Clerk Address: 239 Fo~ S~eet Breme~o~ WA 98337 Document Title: Outside Utilities Agreement Projeet Name: New BuilcVmg water service. Developer Name: Richard and R_honda Jaramillo LocaUon: 158 ClearView lane Brcmerton Tax Parcel # 022401-2-023-2004 Abbreviated Legal A portion of the Northwest quarter of the Northwest quarter of Section 02, Township 24 Des~ription: N, Range 1 E, W.M., Kitsap County, WA; OUTSIDE UTILITIES AGREEMENT WltEREAS the B~rr~erton 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 VO-IEREAS 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 ora parcel outside the City of Bremerton, has made application for city utilities; NOW, TItEREFORE, the undersigned owner (hereinafter "Owner") of real property located at 158 Clearview Lane, Bremrton, Kitsap County, Washingl~n, (hereinafter "Property"), legally described as: SEE ATTACHED EXHIBIT "A' and the City of Bremerton (hereinafter "City"), hi consideration of the mutual covenants set forth herein including the furnishing of utility services by the City of Bremarton, 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 Char~es. 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 Bremarton comprehensive land use plan adopted pursuant to RCW 35.13.177 and any adopted subdivision and street standards of the City of Bremerton. Page I of 5 4. Utility Improvements. Water service for a single family residence. 5. Annexation. Owner, by signing below, grants to the City of Bmmerton a Limited Power of Attomey 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 inanediate termination of utility services to the above-described properly as well as other remedies provided by law. 7. Covenants. The undersigned further agrees that tiffs 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. rolo'n/ia ' '" STATE OF WASHINGTON ) ~ SS. COUNTY OF KITSAP ) ~ this day, ll~ore me,. khe undersigned, a Notary Public m and for the State of Washington, personally appeared ~[['~.~{~ -5. ~I"~IX[IX'~i~(31~, 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. 200007030268 X/ota~,jPublic inan ?age~ 8 0f 5 :esiding at~'~' 87/83/8888 84:12P k_) BR£~RTON CITY OF h0t~T $1~ (~8 Kitsap Co, Wfl My appointment expires: Ik2~ . ~(~)(2:)~ Page 2 of 4 CITY OF BREMERTON / . RTON, Mayor DEPAR~AL: J W. EUGENE SAMPLEY,~Ii.r~t~I%f Public Worlcs and Utilities APPROVED AS TO FORM: ~ 'ty ttomey RECEIVED FOR FILE'qG: ~ 158ckearvuewoua.doc BR£~IERTON CITY OF ~GMT 11888 Kitsap Co., WA Pmge ~ of 4 EXHIBIT "A" A PORTION OF SECTION 02, TOWNSHIP 24 N., RANGE 1 E.; WILLAMETTE MERIDIAN TAX ASSESSOR'S NUMBER 022401-2-023-2004 LEGAL DESCRIPTION (LOT C SHORT PLAT NO 4515 RECORDED UNDER AUDITOR NO 8809020037) THAT PORTION OF THE NORTHNEST QUARTER OF THE NORTHNEST QUARTER OF SECTION 2, TONNSHIP 24 NORTH, RANGE 1 EAST, N.H., IN KITSAP COUNTY, NASHINGTON, DESCRIBED AS FOLLONS: BEGINNING AT THE NORTHNEST CORNER OF SAID SECTION 2; THENCE S88'30'53"E ALONG THE NORTH LINE OF THE NORTHNEST QUARTER OF SAID SECTION 2 A DISTANCE OF 28.21 FEET TO THE STANDARD SECTION CORNER CONHON TO SECTIONS 34 AND 35 OF TONNSHIP 25 NORTH, RANGE 1 EAST, N.H.; THENCE S88'49'41"E ALONG THE NORTH LINE OF SAID SECTION 2 A DISTANCE OF 628.76 FEET TO THE NORTHEAST CORNER OF THE NORTHNEST QUARTER OF THE NORTHNEST QUARTER OF THE NORTHNEST QUARTER OF SAID SECTION 2; THENCE S4'01'17"N ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF THE NORTHNEST QUARTER OF THE NORTHNEST QUARTER OF SAID SECTION 2 A DISTANCE OF 575.71 FEET TO THE SOUTH LINE OF THE NORTH 575 FEET OF THE NORTHNEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHNEST QUARTER OF SAID SECTION 2; THENCE S88'49'41"E 150.19 FEET TO A POINT ON THE EAST LINE OF THE NEST 150 FEET OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHNEST QUARTER OF SAID SECTION 2; THENCE S4'01'17"N ALONG SAID EAST LINE A DISTANCE OF 122.33 FEET TO THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHNEST QUARTER OF THE NORTHNEST QUARTER OF SAID SECTION 2; THENCE S88'40'06"E ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHNEST QUARTER OF THE NORTHNEST QUARTER OF SAID SECTION 2 A DISTANCE OF 0.41 FEET TO A POINT NHICH BEARS N88*40'O6"N 508.69 FEET FRON THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHNEST QUARTER OF THE NORTHNEST QUARTER OF SAID SECTION 2; THENCE S3'49'35"N PARALLEL NITH THE EAST LINE OF THE NORTHNEST QUARTER OF THE NORTHNEST QUARTER OF SAID SECTION 2 A DISTANCE OF 180.00 FEET; THENCE S88*40'O6"E 242.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE N3*49'35"E 180.00 FEET TO THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHNEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 2; THENCE S88'40'06"E ALONG SAID NORTH LINE A DISTANCE OF 133.34 FEET; THENCE S3'49'35"N 328.69 FEET TO THE NORTH LINE OF THE SOUTH 370 FEET OF THE SOUTHEAST QUARTER OF THE NORTHNEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 2; THENCE N88*30'59"N ALONG SAID NORTH LINE A DISTANCE OF 133.33 FEET; THENCE N3*49'35"E 148.33 FEET TO THE TRUE BR£M£RTON CITY OF t~GMT $12.00 Kitsap Co, Ntq EXHIBIT "A" CONT. A PORTION OF SECTION 02, TOWNSHIP 24 N., RANGE 1 E.; WILLAMETTE MERIDIAN TAX ASSESSOR'S NUMBER 022401-2-023-2004 LEGAL DESCP,_[PTION POINT OF BEGINNING; TOGETHER NITH EASEMENTS A, B, C, AND D AS DELINEATED ON THE SHORT PLAT MAP; ALSO TOGETHER NITH EASEMENT E AS DELINEATED ON THE SHORT PLAT HAP FOR THE PURPOSES DEFINED HEREIN, EASEMENT E, AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER, UNDER AND ACROSS A STRIP OF LAND LYING NITHIN THE SOUTHEAST QUARTER OF THE NORTHNEST QUARTER OF THE NORTHNEST QUARTER, OF SECTION 2, TONNSHIP 24 NORTH, RANGE 1 EAST, N,M,, IN KITSAP COUNTY, NASHINGTON, NITH NIDTHS OF 30 FEET AND 40 FEET AS DELINEATED ON THE SHORT PLAT MAP, 0~7 010 019 069 018 / : '~'~ ~ ,~,_, "-.~'-.. ~ I ~ - - - Ol 020 , 00I O J2 i~ BREMERTON CITY OF A6MT $12.08 Kitsap Co, MA