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Home My WebLink About144 NE CLEARVIEW LANE 11712/15~885~51R BRF~I£RTON CITY OF flG~T $12.~8 Kit$~ Co~ ~fl Name: City Clerk Address: 239 Faugh Street Bremertun, WA 98337 Document Title: Outside Utilities Agreement (Individual) Project Name: Single Family Residence Developer Name: Steve R. Swanson & Laura A. Swalley Location: 144 NE Clearview Lane Tax Parcel # 022401-2-022-2005 Abbreviated Legal Section 2, Township 24 N, Range 1 E; Description: Lot B, Short Plat No. 4515 recorded under Auditor No. 8809020037. OUTSIDE U'I1LrI'LES AGREEMENT V*rHEREAS the Bremerton Municipal Code requites 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 prima~ obligation to its citizens to allocate limited service resources for adequate growfla and development within the City; and WHEREAS the undersigned, as owner of a parcel outside the City oLBremerton~ has made application for city utihties; NOW, THEREFORE, the undersigned owner (hereinafter "Owner") of real property located at 144 NE Clearview Lane, Kitsap County, Washington, (hereinafter "Property"), legally described as: SEE 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 Breme~on, do hereby promise and agree as follows: 1. Services Provided. City of Bremerton shall provide utility services consistent with service areas de£med 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 Charees. Owner shall pay when due all connection charges, assessments, and rates established for city utility services by City ordinance for the Owners user class. 3. Usc. 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 end s~ect standards of the City of Bremerton. 4. UtiliW lronrovemcnts. Water service for a single family re~idenee. 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 conctaxent 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 B~merton Zoning Code as amended. This Power of Attorney is nonrevocable. 6. Enforcement. Violation of this Agreement may result in the mediate termination of utility services to the above-deseribed 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, end assigns, and that this Agreement shall be fried for record in the office of the Kitsap County Auditor. OWNER(S): DATED: /0/19/9~ BY:.-~ ~ [Steve R. Swanson] /-II'aura A. Swalley] / STATE OF WASHINGTON ) : SS. COUNTY OF KITSAP ) On this day, before me, the undersigned, a Notary Public in and for the State of Washington, personally I* · , to me ~nown to be the individual(s) described in and who executed the wi~fin and foregoing instrument, and acknowledged that Ld~,h~/they signed the same as i~,~i,~,/their free and voluntary act and deed, for the uses and purposes therein mentioned. G1VEN under my hand and official seal this /~ dayof (7~'~t,~.~) .19~/. ancot the S te o£W h on, My appointment expires: ~' / /l//l lllll l /ll/ lllll/ /// lllll l /lll Page: 2 of 5 11/12/1998~9:51~ CITY OF BREMERTON N, Mayor MUNICIPAL SERVICES REVIEW TERRIE O'NEILL, Municipal Services Coordinator APPRD¥~ED AS TO FORM: ~ ""~ENI~A MA~ANCA, Bren~erton City Attorney RECEIVED FOR FILING: L. MCCLUSKEY,ICity Clerk KATHLEEN P~9o: 3 of 5 11/18/188889: BREM£RTON CITY OF AGMT $18.88 Kitsap Co, WA EXHIBIT "A" A PORTION OF SECTION 2, TOWNSHIP 24 N., RANGE 1 E.; WILLAMETTE MERIDIAN TAX ASSESSOR'S NUMBER 022401-2-022-2005 LEGAL DESCRIPTION (LOT B SHORT PLAT NO 4515 RECORDED UNDER AUDITOR NO 8809020037) THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., iN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 2; THENCE S88'30'53"E ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 2 A DISTANCE OF 28.21 FEET TO THE STANDARD SECTION CORNER COMMON TO SECTIONS 34 AND 35 OF TOWNSHIP 25 NORTH, RANGE 1 EAST, W.M.; 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 NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 2; THENCE S4'01'17"W ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 2 A DISTANCE OF 575.71 FEET TO THE SOUTH LINE OF THE NORTH 575 FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 2; THENCE S88'49'41"E 150.19 FEET TO A POINT ON THE EAST LINE OF THE WEST 150 FEET OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 2; THENCE S4'01'17"W ALONG SAID EAST LINE A DISTANCE OF 122.33 FEET TO THE NORTH LiNE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 2; THENCE S88'40'06"E ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 2 A DISTANCE OF 0.41 FEET TO A POINT WHICH BEARS N88*40'06"W 508.69 FEET FROM THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 2; THENCE S3'49'35"W PARALLEL WITH THE EAST LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 2 A DISTANCE OF 180.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE S88'40'06"E 242.00 FEET; THENCE S3'49'35"W 148.33 FEET TO THE NORTH LINE OF THE SOUTH 370 FEET OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 2; THENCE N88*30'59"W ALONG SAID NORTH LINE AND THE WESTERLY PROLONGATION THEREOF A DISTANCE OF 429.10 FEET TO THE SOUTHERLY PROLONGATION OF THE EAST LINE OF TRACT CONVEYED TO LAVERNE GORMANSON BY DEED RECORDED UNDER AUDITOR'S FiLE NO 923276; THENCE N4*13'01"E ALONG SAID PROLONGATION AND ALONG SAID EAST LINE A DISTANCE OF 147.24 FEET; THENCE S88'40'06"E 186.14 FEET TO THE TRUE POINT OF BEGINNING; TOGETHER WITH EASEMENTS A, B, C, AND D AS DELINEATED ON THE SHORT PLAT MAP; TOGETHER WITH AND SUBJECT TO EASEMENT E AS DELINEATED ON THE SHORT PLAT MAP FOR THE PURPOSES DEFINED HEREIN. EASEMENT E, AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER, UNDER AND ACROSS A STRIP OF LAND LYING WITHIN THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, WITH WIDTHS OF 30 FEET AND 40 FEET AS DELINEATED ON THE SHORT PLAT MAP. Page: 4 of 5 ! 1/12/159889:51R ~RE~ERTON CITY OF R~T ~1~.~ Kit~ap Co, WA EXHIBIT "A" A PORTION OF SECTION 2, TOWNSHIP 24 N., RANGE 1 E.; WILLAMETTE MERIDIAN TAX ASSESSOR'S NUMBER 022401-2-022-2005 ~HIBIT A, PAGE 2 OF 2 Pa~e: 5 ot 5 BREMERTON CITY OF ~GMT