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Home My WebLink About4033 WEST BELFAIR VALLEY RD 2126-A78-SI2118 BREN-WATEP UTILITY F~St P02 .TUN 21 ~g./ 16:~0 OUTSIDE UTILITIES AGREF, MENT WHEREAS tile Bl~me~'ton Municipal Code ~equires property outside thc city boundaries to support annexation to the City of gremenon as a condition for receiving City utilities (BMC 15.(r2.0a0 and 15.03.0~0); and WHEREAS the City of Bremerton has a primary obligation to its citizens to allocate limited settee resources for adeqaate 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 , K|tsap County, Wa,,hingtoa, (h~inaft¢l "Propes'ty3, legally described as: 7"~.ae ~¢&,t.nq..~ ~fO y-nO q FILFT --By: BREI ERT CITY · and the City of Bremerton (hereinafter 'City"), in consideration of the mutual Covenants set forth herein including the furnishing of utilities 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 clefined 0y the City comprehensive utility plans as amendS, and terms conditions of a current Letter of Availability from thc Bremerton Utilities Department. 2. ~. Owner shall pay when due all connection charges, a~sessments, and raten entahli.~hed for city utilities 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 8remcrton comprehensive land use plan adopted parsuant to RCW 35.13.IT?and any adopted subdivision and street standm'ds of the City of Bremerton. L~: F~H~AUOiT0R OUTSIDE UTILITIES AGREEMENT -I- (1NV)IV[Dr IAL) Utility2,AiI - Al~eraenl Fen~ - aevlaed ~/t$i92 Util2ylmorovementg. WATER SERVICE TO A SINGLE FAHILY RESIDENCE :5, Afl_Rr, Alli~. Owner, bysigning b~low, grants to the City ofBremerton a Limited Power of Attorney to include this Agreement as Owner's consent to the annexation ct' the Property as part of any Notice of Intent or Petition for Annexation presented to the City of Bremerton. The aqnexation petition supported by this Power may include ptoportlona! assumption of the City indebtedness by the area to be annexed. The petition shall requite the concurrent adoption of land uses clesigna:ed in any urban fringe comprehensive plan appwved for the annexation area pursuant to RCW 35,13,177, or if none has been adopted, the land uses for annexed proi~rty as set t~orth 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 utilities services to the above-described property as well as other remedies pmvid~ by law. 7. Cuwnalib, Tim undersigned further agrees that this Agreement and thc promise made herein constitute a covenant running with the land and shall be binding upon the .nder~igned and his heirs, successors, and assigns, and that this Agreement shall be filed for record in the office of the Kitsap County Auditor, Owner agrees that any sale or transfer of the above-described property will be conditioned on execution and filing of a duplicate copy of this outside utility agreement by the purchaser or transferee, OWNER(S): DATED: ~ - ;. z. ~ ~, ¥ 6394 GLEI~OOD ROAD SW PORT ORCn'AnO, WA. 98366 OUTSIDE UTILITIES AORt~EMENT -2- (INDIVIDUAL) Utlllt72,A~ · A~r~tn. nl Forms- gev~sed 8/18/9~ 2E~E~-4?~-51~:[E~ ]B~EM-I,J~TEP IJTILITf 65~. PlEI4 ~U['~ 2~. ~-cl~- ~.F=~O1 STATE OF WASHINGTON ) : COUNTY OF KrI"SAP ) On this day, before me, the undersigned, a N~tary Public in and R)F the Slate of Washington, p,ersonaity app?ared -T-~4..~..,-,-.J-~,~'* to be the indivldual~ described in ~nd who ex~uted the within a~d foregoing instrument, and acknowledged that he/a~eey, signed the same as hls/ke,,,~,q~ek' free and voluntary act and deed, for the uses and purposes tl~erein mentioned. GIVEN under .ny hand and official seal this~ day of ,,._"~ ......... , ~' 0,"~ tIOTARY%',.O 9, No-"~'~Pub~ in and for the State of Washington. ~. ".. ~°OeL~' .."~ Myappoinlm~nt expires: ,.~e~,~, ~1: 't~/'£ '.." ..... ,',',~x~''~; · ~ u£ W~%~,~.....~ CITY OF RRF. MF, RTON ){",,a,_ ~ A.F. #: 9'~0727024~6 _ REEL 08'17 FR t962 KATHLEEN McCLUSKEY, City Clerk IAN R. SI~E"VERS, city ,Attorney EDDY -C~i, Director Of PUbl~ ;(vOrks & utiiiti~s OUTSIDE UTILITIES AGREEMENT -3- (INDIVIDUAL) U~ility2,A~,l · A~reement Forms - R~vi~ad ~-~17~-~01E~ ~REM-ld~TER UTIL. ITY ~51 P05 YUN ~1 '~ lg~D~ STATE OF WASHINGTON ) COUNTY OF KITSAP ) On this day personally appeared before me Lynn Horton, Bremerton City Mayor, and Kathleen L. McCluskey, Bmmcrton City Clerk, of the City of Bremerton, the municipal corporation described in and that executed the within and foregoing instrument, and acknowledged said instrument to be ~he free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to cx~cutc said instrument on behalf of ~aid corporation. GIVEN under my hand and official seal this~ day of ,' ,~ -- 2 .: My appointment expires: .'5'-/.5"- ~',~ OUTSIDE UTILITIES AGREEMENT -4- (INDIVIDUAL) T~/C23~0 RP LEGAL DESCRIPTION FOR 4504-000-007-0402 06/21/94 BREMERTON WATERWORKS TRACT i LOT C SHORT PLAT 705R-1 RECORDED UNDER AUDITOR'S FILE NO. 2 1152053 AMENDED UNDER AUDITOR'S FILE NO. 9204230054;~,BEING 3 THAT PORTION OF TRACT 7, BREMERTON WATERWORKS TRACTS, AS 4 PER PLAT RECORDED IN VOLUME 4 OF PLATS, PAGE 1Q.2, RECORDS 5 OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: 6 BEGINNING AT THE INTERSECTION OF THE EAST LINE OF SAID 7 TRACT 7 AND THE SOUTH MARGIN OF NAVY YARD~ H~IGHWAY; THENCE 8 N88*38'00"W ALONG SAID SOUTH MARGIN 62.05 FEET; THENCE 9 S1'40'57"W 201 FEET TO THE TRUE POINT OF BEGINNING; THENCE 10 S88'38'00"E 4.55 FEET; THENCE S1'38'00"E 143.75 FEET; 11 THENCE N88*38'00"W TO THE WEST LINE OF SAID TRACT 7; THENCE 12 NORTH ALONG SAID WEST LINE TO A POINT THAT BEARS 13 N88*.38'00"W FROM THE TRUE POINT OF BEGINNING; THENCE 14 S38'88'00"E TO THE TRUE POINT OF BEGINNING; SITUATE IN 15 KITSAP COUNTY, WASHINGTON; EXCEPT THAT PORTION OF TRACT 7, 16 BREMERTON WATER TRACTS, AS PER PLAT RECORDED IN VOLUME 4 OF 17 PLATS, PAGE 102, RECORDS OF KITSAP COUNTY, WASHINGTON 18 DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE 19 EAST LINE OF SAID TRACT 7 AND THE SOUTH MARGIN OF NAVY YARD 20 HIGHWAY; THENCE N88*38'00"W ALONG SAID SOUTH MARGIN 62 21 FEET; THENCE S1'40'57"W 201 FEET TO THE TRUE POINT OF 22 BEGINNING; THENCE S88'38'00"E 4.55 FEET; THENCE S1'38'00"E 23 143.75 FEET; THENCE N88*38'00"W 17.73 FEET; THENCE 24 Nl*38'00"W TO A POINT THAT BEARS N88*38'00"W FROM THE TRUE 25 POINT OF. BEGINNING; THENCE S88'38'00"E TO THE TRUE POINT OF 26 BEGINNING; SITUATE IN KITSAP COUNTY, WASHINGTON, CONVEYED 27 UNDER AUDITOR'S FILE NO. 8011120123; TOGETHER WITH AN 28 EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER, UNDER AND 29 ACROSS A STRIP OF LAND 14 FEET IN WIDTH, THE EASTERLY LINE 30 OF WHICH IS DESCRIBED AS FOLLOWS: THAT PORTION OF LOT 7, 31 BREMERTON WATERWORKS TRACTS, AS PER PLAT RECORDED IN VOLUME 32 4 OF PLATS, PAGE 102, RECORDS OF KITSAP COUNTY, WASHINGTON, 33 DESCRIBED AS FOLLOWS: BEGINNING AT. THE INTERSECTION OF THE 34 EAST LINE OF SAID TRACT 7 AND THE SOUTH Fu%RGIN OF NAVY YARD 35 HIGHWAY; THENCE N88*38'00"W ALONG SAID SOUTH MARGIN 62 FEET 36 TO THE TRUE POINT OF BEGINNING OF SAID LINE; THENCE 37 S1'40'57"W 100.5 FEET; THENCE S45'W 40 FEET; THENCE 38 S1'40'57"W 70 FEET; THENCE S88'38'00"W 14 FEET; THENCE 39 Nl*40'57"E 75 FEET; THENCE N45*E 25 FEET TO A POINT 76 FEET 40 WEST OF THE EAST LINE OF TRACT 7; THENCE Nl*38'O0"E 100.5 41 FEET TO THE TERMINUS OF SAID LINE; SITUATE IN KITSAP 42 COUNTY, WASHINGTON.