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HomeMy WebLinkAbout1900 SEABECK HWY ~/ Return Address: City Clerk City ofBremerton 345 Sixth Street, Suite 600 Bremerton, VVA 98337 BREMERTON CITY OF 200904280065 Agreement Ree Fee: $ 46.00 . 04/28/2009 10:29 AM . Pa e. 1 . Walter Washington, Kltsap Co Auditor g. of 5 " I /I_III~IIIII!illllllll/llIllllIll/ 1111111111111111I11111111111111I1111111111111111111 EXCISE TAX EXEMPT APR 28 2009 AUDITOR/RECORDER'S INDEXING FORM Document Title(s): 1. . Outside Utilities Agreement Reference Number(s) of Documents assigned or released: N/A \ Grantor(s): 1. Christopher R. & Nikki Blumenthal ~ Additional names on page 2 of document. Grantee(s): 1. City ofBremerton ~ Additional names on page 4 of document. Legal Description: A portion of the NE 1;4 of the NE 1;4 in Sec. 07, T24N R 1 E., VV.M. Kitsap County, (abbreviated) VV ashington. ~ Additional legal is on page 5 of document. Assessor's Property Tax Parcel/Account Number: # 072401-1-051-2006 . Project Name: Single-family water service OUTSIDE UTILITIES AGREEMENT WHEREAS 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, THEREFORE, the undersigned owner (hereinafter "Owner") of real property located at 1900 Seabeck Hwy, Bremerton, Kitsap County, VVashington, (hereinafter "Property"), legally described as: Page 1 of 5 Outside Utility Agreement 1900 Sea beck Hwy ,/' SEE ATTACHED 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 ofBremerton, do hereby promise and agree as follows: 1. Services Provided. City ofBremerton shall provide utility services consistent with service areas defmed 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 Charges. 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 Bremerton comprehensive land use plan adopted pursuant to RCW 35.13.177 and any adopted subdivision and street standards of the City ofBremerton. 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 Owner's consent to the annexation of the Property as part of any Notice of Intent or Petition for Annexation presented to the City ofBremerton. 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 desigI}ated 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 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. OWNER(S): DATED: 01../.i8 /oc, I I BY~~ Christopher R. umenthal } BY:~~~ Nikki Blumenthal Page 2 of 5 Outside Utility Agreement 1900 Seabeck Hwy '1 STATEOFWASHINGTON ) : ss. COUNTY OF KIT SAP ) On this. day, before me, tlte un~~r;s~gl].ed, a Notary .fublic in and for the State of Washington, personally appeared ChA, J1';"~,( R. , /VI 41 66",,,,,", ~,..jY"',o,{ , 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 '{ If{. day of , 2009 ~"",:;I~'~h~ Aij\iSiONtr~\ Q.~ .~ ~{~~O,!!:!,Y \ I Pc.JJ1j ~ I ~ ' """I,,"II"~ Ilf~ I t L. S; I'QfJt~,,J Notary Public in and for the State of Washington, residing at: My appointment expires: 7 - / (, -{ ( Page 3 of 5 Outside Utility Agreement 1900 Seabeck Hwy . ' DATED: 4j~109 , , ~ Phil Williams, Director of Public Works and Utilities o FORM"-Jj r (:=.o~ Bremerton City Attorney RECEIVED FOR FILING: C&?l:/fi~ BY: Cary Boz Page 4 of 5 Outside Utility Agreement 1900 Sea beck Hwy ----- * ." ,II EXHIBIT "A" A PORTION OF SECTION 07, TOWNSHIP 24 N., RANGE 1 E.; WILLAMETTE MERIDIAN TAX ASSESSOR'S NUMBER # 072401-1-051-2006 LEGAL DESCRIPTION THAT 'PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SOUTH 7, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, LYING SOUTHEASTERLY OF THE NAVY RAILROAD AS DEEDED TO THE UNITED STATE OF AMERICAN BY DEED RECORDED UNDER AUDITOR'S FILE NO. 432856 AND LYING NORTHERLY OF SEABECK HIGHWAY NORTHWEST '" // i / / ./' " //) I ,./ ,/)1 /' I /L__ ~ / , ! r 1- l// r.J---. / I .;--- i " /~ / " /,J< / // , " J/ ",/ , //"' / ~.--_......... -.._--...~ ~ -~ ,// ...../ -# -------- '......... /' ~// ~~-- Tl--~ "-...,"'. ". ..,/. "', y..,.. . ./"'.-- I --....--- ". ~/ ~\J / "'~ , ", <#- ~/""",. II .,..,.,...... /~. .~ //,/ I "-. / i BLUMENTHAL CHRISTOPHER R & NIKKI '072401-1-051-2006 ! i . Copyright @ 2009 Kitsap Gounty Page 5 of 5 Outside Utility Agreement 1900 Sea beck Hwy