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Home My WebLink About4629 FEIGLEY ROAD OUTSIDE UTILITIES AGREEMENT WIIEREAS 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 WIIEREAS 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 cfa parcel outside the City of Bremerton, has made application for city utilities; NOW, TIIEREFORE, the undersigned owner (hereinafter "Owner")of real property located at 4629 FEIGLEY ROAD , Kit~p County, Wash~[,(~[~fler Troperty'3, legally describ~ as: FiLE~-BY: BREME~TON ~(AREN FL?NN~ AUDITO~ CLERK: MIkLE~ set forth herein including the furnishing of utilities se~ices by the City of Bremer[on, do hereby promise and agree as follows: ~EEL 0760 1. Se~ic~ Provided. City of Bremerton shall provide utility se~ices consislent witt~ service areas defin~ by the City comprehensive utility plans as amended, and lerms and conditions of a current l~tter of Availability from the Bremerton Utilities Department. 2. Rat~ and Charges. Owner shall pay when due all connection charges, assessments, and rates established for city utilities se~ices by City ordinance for d~e Owner's ns~ 3. Us~. Development of the property de~ribed above shall comply with the uses and development s~ndards of City of Bremerton comprehensive land use plan adopled pursuant to RCW 35.13.177and any adopted subdivision and street s~ndards of [he City of Bremerton. OUTSIDE UTILITIES AGREEMENT -I- (INDIVIDUAL) 4. Utility Imvrovement$. ~/ATER SERVICE TO A SINGLE FA~IILY RESIDI~I'CE REEL 07&~ F: ~ 5. Annexation. Owner, by signing below, grants to the City of Bremerton a Limited Power of Attorney to include this Agr~ment as Owner's consent to the annexation of the Pro~rty as part of any Notice of Intent or Petition for Annexation presented to the City of Bremerton. The annexation petition sup~rt~ by this Power may include pro~rtional assumption of the City indebtedness by the ar~ to be annex~. The ~tition shall require the concurrent adoption of land uses designat~ in any urban fringe comprehensive plan approved for the annexation ar~ 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 nonrev~able. 6. Enforcement. Violation of this Agr~ment may result in the immediate termination of utilities se~ices to the above-described property as well as other remedies provided by law. 7. Covenants. The nndersign~ further agrees that this Agreement and 1he promise made herein constitute a covenant running with the land and shall be binding upon the undersign~ and his heirs, successors, and assigns, and that this Agreement shall be filed for record in the or, ce of the Kitsap County Auditor. Owner agrees that any sale or transfer of fl~e above-described property will be conditione~ on execution and filing of a duplicate copy of this outside utility agreement by the purchaser or transferee. OWNER(S): ~OBIN ~ ' OUTSIDE UTILITIES AGREEMENT -2- (INDIVIDUAL) Utillty. Ag! . Revised 8/1~l/92 STATE OF WASHINGTON ) · $~;. COUNTY OF KITSAP ) On this day, before me, the undersigned, a Notary Public in and' 'for the State of Washington, personally appeared Robin M. Hughes & Jeffrey D. Conti , 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. GIVEN under my hand and official seal this 19th day of January , 1993. ... Notar~Public ir~and for the Stale of Washi.gton, residing at: Port Orchard : - My appointment expires: . August 15, 1994 CITY 0 REMERTO LOUIS MENTOR, Mayor KATHLEEN M~ City Clerk City Attorney EDDY cms, I wo :s DntEC OR OUTSIDE UTILITIES AGREEMENT -3- (INDIVIDUAL) Utilily,A~t - Revised S/IRI92 STATE OF WASHINGTON ) : SS. COUNTY OF KITSAP ) On this day personally appeared before me Louis Mentor, Bremerton City Mayor, and Kathleen L. McCluskey, Bremerton City Clerk, of the City of Bremerton, the municipal corporation described in and that executed the within and foregoing instrument, and acknowledged said instrument t° be the 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 execute said instrument on behalf of said corporation. GIVEN under my hand and official seal this .~o day of i9"/:5 , ' ~.',~,,.~-, Hui,qRr ~.:~.¢.~ Notary Public inj3nd for the State of Washington, ~,~:-.. PUBLIC ? ~ residing at: ]~e~t..~ fg?'"~"e.0 0- c:~,.-" ~'J My appointment expires: . ~l e" .,;..&;,,o ...~ .,, ' ' ' OUTSIDE UTILITIES AGREEMENT -4- (INDIVIDUAL) Ulilily. Ag! - Revl~ed g/18/92 EXHIBIT 'A' DESCRIPTION: Order No.: E-89196-7 PARCEL REEL. f]76CJ. That portion of the Northwest quarter of the Southwest quarter of the Southeast quarter of Section 32, Township 24 North, Range 1 East, W.M., in Kitsap County, Washington, described as follows: Commencing at the Northeast corner of the Northwest quarter of the Southwest quarter of the Southeast quarter of said Section 32, which bears South 1°05'07'' West 1335.31 feet and North 88°57'06'' West 1959.45 feet from the East one quarter corner of said Section 32; thence North 88°57'06'' West 198.42 feet to the True Point of Beginning: thence continue North 88°57'06'' West 454.73 feet to the Northwest corner of the said Northwest quarter of the Southwest quarter of the Southeast quarter; thence South 1°02'26'' West along the West line of said subdivision 230.0 feet; thence South 88°57'06" East 167.7 feet; thence North 1°02'26'' East 80.0 feet; thence South 88°57'06'' East 187.0 feet; thence South 1°03'06'' East 50.0 feet; thence South 88°57'06'' East 100.0 feet; thence North 1°03'06" East 167.26 feet; thence South 72°04'26'' East 207.35 feet to a point on the East line of and 92.94 feet South of the Northeast corner of said Northwest quarter of the Southwest quarter of the Southeast quarter; thence North 1°03'06'' East along said East linc 20.89 feet; thence North 72°37'52'' West 166.96 feet; thence North 0°29'02'' West 25.14 feet to the North line of said Northwest quarter of the Southwest quarter of the Southeast quarter; thence North 88°57'06'' West 37.51 feet to the True Point of Beginning; (ALSO KNOWN AS Lot A of Short Plat No. 5499 recorded under Auditor's File No. 9204010149 and amended under Auditor's File Nos. 9204220207 and 9204230065 records of Kitsap County, Washington). PARCEL II: A non-exclusive easement for ingress, egress and utilities over, under and across the North and West 20.00 feet of the North 150.0 feet of the West 454.73 feet of the above described tract and as measured along the North and West sides thereof. PARCEL III: A non-exclusive easement for ingress, egress and utilities over, under and across the Following described tract in the Northwest quarter of the Southwest quarter df the Southeast quarter of Section 32, Township 24 North, Range 1 East, W.M., in Kitsap County, Washington; Commencing at the Northeast corner of the Northwest quarter of the Southwest quarter of the Southeast quarter of said Section 32; thence North 88°57'06'' West 198.42 feet to the True Point of Beginning; thence South 1°03'06'' West 32.74 feet; thence South 72°04'26'' East 207.35 feet to a point on the East line of and 92.94 feet South of the Northeast corner of said Northwest quarter of the Southwest quarter of the Southeast quarter; thence North 1°03'06'' East along said East line 20.89 feet; thence North 72°37'52'' West 166.96 feet; thence North 0°29'02'' West 25.14 feet to the North line of said Northwest quarter of the Southwest quarter of the Southeast quarter; thence North 88°57'06'' West 37.51 feet to the True Point of Beginning. EXHIBIT 'A' DESCRIPTION: Order No.: E-89196-7 PARCEL I: l~at portion of the Northwest quarter of the Southwest quarter of the Southeast quarter of Section 32, Township 24 North, Range 1 East, W.M., in Kitsap County, Washington, described as follows: Commencing at the Northeast corner of the Northwest quarter of the Southwest quarter of the Southeast quarter of said Section 32, which bears South 1'05'07" West 1335.31 feet and North 88'57'06" West 1959.45 feet from the East one quarter 6orner of said Section 32; thence North 88'57'06" West 198.42 feet to the True Point of Beginning: thence continue North 88'57'06" West 454.73 feet to the Northwest coPne= of the said Northwest quarter of the Southwest quarter of the Southeast quarter; thence South 1'02'26" West along the West line of said subdivision 230.0 feet; thence South 88'57'06" East 167~7 feet; thence Nor{h 1°02'26'' East 80.0 feet; thence South 88'57'06" East 187.0'feet; thence South 1'03'06" East 50.0 feet; thence South 88'57'06" East 100.0 feet; thence North 1°03'06" East 167.26 feet; thence South 72'04'26" East 207.35 feet to a point on the Eastiline of and 92.94 feet South of the Northeast corner of said Northwest quarter Of the Southwest quarter of the Southeast quarter; thence North 1'03'06" East along said East line 20.89 feet; thence North 72'37'52" West 166.96 feet; thence North 0'29'02" West 25.14 feet to the North line of said Northwest quarter of the Southwest quarter of the Southeast quarter; thence North 88'57'06" West 37.51 feet to the True Point of Beginning; (ALSO KNOWN AS Lot A of Short Plat No. 5499 recorded under Auditor's Pile No. 9204010149 and amended under Auditor's File Nos. 9204220207 and 9204230065 records of Kitsap County, Washington). A non-exclusive easement for ingress, egress and utilities over, under and across the North and West 20.00 feet of the North 150.0 feet of the West 45~.73 feet Of the abo~e described tract and as measured along the North and West sides thereof. PARCEL III: A non-exclusive easement for ingress, egress and utilities over, under and across the following described tract in the Northwest quarter of the Southwest quarter df the Southeast quarter of Section 32, Township 24 North, Range 1 East, W.M., in Kitsap County, Washington; Commencing at the Northeast corner of the Northwest quarter of the Southwest quarter of the Southeast quarter of said Section 32; thence North 88"57'06" West 198.42 feet to the True Point of Beginning; thence South 1°03'06'' West 32.74 feet; thence South 72'04'26" East 207.35 feet to a point on the East line of and 92.94 feet South of the Northeast corner of said Northwest quarter of the Southwest quarter of the. Southeast quarter; thence North 1'03'06" East along said East line 20.89 feet; thence North 72°37'52" West 166.96 feet; thence North 0"29'02" West 25.14 feet to the North line of said Northwest quarter of the Southwest quarter of the Southeast quarter; thence North 88'57'06" West 37.51 feet to the True Point of Beginning.