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Home My WebLink AboutNW EELLS RAODFiled for Record at Request off P~jo: 1 ot'5 1872271555 When Recorded Retom to: BR£M['RTOH CITY OF AGMT $1~.88 Kitsap Co, [IA Name: City Clerk Address: 239 Fourth Street Bremerton, WA 98337 Document Title: Outside Utilities Agreement (Individual) Project Name: Water Service Developer Name: Mun Kue Lira and Myung Ja Lim Location: NW Eells Road Tmcyton Tax Parcel # 342501 - 1-102-2001 Abbreviated Legal Section 34, Township 25 N, Range 1 E; Lot C Short Plat 4250 Recorded under Auditor Description: Number 8606020142 that portion of the north half of the south half of the southeast quarter of the norfiaeast quarter of section 34 OUTSIDE UTILITIES AGREEMENT VP~-tEREAS 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, TItEREFORE, the undersigned owner (hereinafter "Owner") of real property located at 5909 NW Eells Road, Kitsap County, Washington, (hereinat~er "Property"), legally described as: szz EX IErr"A" F-.XCI TAX E)(L l:rr OCT 2 2 1998 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 fi.om the Bremetton Utilities Department. 2. Rates and Charges. Owner shall pay when due all connection charges, assessments, and rotes established for city utility services by City ordinance for the Owner's user class. 3. Us__ge. 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 slreet standards of the City of Bremerton. 4. Utility Improvements. Water service for a single family residence. 5. Annexation. Owner, by signing below, grants to the City of Bremerton a Limited Power of Attorney to include this Agreement as Owners 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 thc 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 thc 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. 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. ~Man Kue Lira STATE OF WASHINGTON ) COUNTY OF KITSAP ) On this day, befote me, the undersigned, a Notary Public in and for the State of Washington, personally appeared [~ blJF1 ~bll~_ [.~ B'I P~ ~AflA.J t/ L~ ~lq , to me known to be the individual(s) described in and who executed the within and foregoing ihstnlmeh~, and acknowledged that be/sbe/~_~..y signed the same as his/her/their flee and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this ~ ~ day of l.~)t~f)'l C~F ~ 19 ~. ! ,, ~ Od..'~x-o- ,~.~,.. ~ Notary Public in and for the State of Washington, :edk',O puBLIG ~c~..,;~,~ My appointment expires: Page: 8 o£ 5 10/82/159810:5t1~ BR£M£RION CITY OF f~6l~l $18.80 Kitsap CITY OF BREMERTON MUNICIPAL SERVICES REVIEW TERRIE O'NEILL, Municipal S~rvi¢¢s Coordinator '~LENt~ 1V~LANCA, fire'merton City Attorney RECEIVED FOR FILING: KATHLEEN L. M~City Cl~rk EXHIBIT "A' A PORTION OF SECTION 34, TOWNSI-~ 25 N., RANGE 1 E.; WILLAMETTE MERIDIAN TAX ASSESSOR'S NUMBER 342501-1-102~2001 LEGAL DESCRIPTION LOT C SP 4250 RECORDED UNDER AUDITOR NUMBER 8606020142 THAT PORTION OF THE NORTH HALF OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 25 NORTH, RANGE 1 EAST W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: >>BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF THE NORTH HALF OF THE SOUTH HALF OF THE SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER WITH THE EAST MARGIN OF COUNTY ROAD 120; THENCE SOUTH ALONG SAID EAST MARGIN 30 FEET; THENCE S88'51'52"E 240 FEET; THENCE S0'20'33"W 79.48 FEET, MORE OR LESS, TO A POINT ON A LINE WHICH IS NO*20'33"E 225 FEET FROM THE SOUTH LINE OF SAID NORTH HALF OF THE SOUTH HALF OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE S88'51'52"E 100 FEET; THENCE SO*20'33"WEST 105 FEET TO THE NORTH LINE OF THE SOUTH 120 FEET OF THE SAID NORTH HALF OF THE SOUTH HALF; THENCE S88'51'52"E 333.5 FEET; THENCE NO*20'33"E 105 FEET TO THE TRUE POINT OF BEGINNING; THENCE S0'20'33"W 105 FEET TO THE NORTH LINE OF THE SOUTH 120 FEET; THENCE S88'51'52"E 327 FEET, MORE OR LESS, TO THE WEST LINE OF A TRACT SOLD TO JOSEPH SUMMERS BY INSTRUMENT RECORDED UNDER AUDITOR'S FILE NO. 585246; THENCE N11*57'36"E ALONG SAID WEST LINE OF SUMMERS TRACT 210 FEET, MORE OR LESS, TO THE NORTH LINE OF THE SAID NORTH HALF OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE N88*53'14"N ALONG SAID NORTH LINE 272.20 FEET; THENCE S20'15'10"W 117 FEET, MORE OR LESS, TO A POINT WHICH IS S88'51'52"E FROM THE TRUE POINT OF BEGINNING; THENCE N88*51'52"W 61.5 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING. >>TOGETHER WITH AND SUBJECT TO AN EASEMENT FOR INGRESS, EGRESS, AND UTILITIES, OVER, UNDER AND ACROSS THE FOLLOWING DESCRIBED PROPERTY; >>BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF THE NORTH HALF OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 25 NORTH, RANGE 1 EAST, N.M., IN KITSAP COUNTY, WASHINGTON WITH THE EAST MARGIN OF COUNTY ROAD NO. 120, WHICH IS THE TRUE POINT OF BEGINNING; EXI-HBIT "A" continued THENCE SOUTH ALONG SAID EAST MARGIN 30 FEET; THENCE S88'51'52"E 240 FEET; THENCE S0'20'33"N 94.48 FEET, MORE OR LESS, TO A POZNT ON A LINE NH[CH IS NO*20'33"E 210 FEET FROM THE SOUTH LINE OF SAID NORTH HALF OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE S88*51'52"E 433.5 FEET; THENCE NO*20'30"E 15 FEET; THENCE S88*51'52"E 61.5 FEET; THENCE N20*15'10"E 15.87 FEET; THENCE N88*51'52"N 470.41 FEET; THENCE NO*20'33"E 94 FEET, MORE OR LESS, TO THE NORTH LINE OF SAID NORTH HALF OF THE SOUTH HALF OF THE SOUTHEAST QUARTE~-OF THE NORTHEAST QUARTER; THENCE ALONG SAID NORTH LINE N88*53'14"N 270 FEET, MORE OR LESS, TO THE EAST NARGIN OF COUNTY ROAD AND THE POINT OF BEGINNING. >>SUBJECT TO A MAINTENANCE AGREEMENT RECORDED JANUARY 26, 1978 UNDER AUDITOR'S FILE NO. 7801260079, RECORDS OF KITSAP COUNTY, WASHINGTON. ~-~., e Page 2 of 2 P~ge: 5 of 5 18/22/19981~:51A BREMERTON CITY OF AGMT $12.88 Kitsap Co, HA