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HomeMy WebLinkAbout6010 W SHERMAN HEIGHTS RD Return Address: City Clerk City of Bremerton 345 Sixth Street, Suite 600 Bremerton, WA 98337 � � �— 2010081101 BREMERTON CITIf OF page � of 5 � qgreeme�t Rec Fae: $ 66.0� I 08/111201� 02.02 PM , Walter Washington, Kitsap Co Auditor �Illilllllliillllllllllllllllllllllilllllllliillllllllllllllllllllllllillillllllllllll �� 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. Don Carstensen x❑ Additional names on page 3 of document. Grantee(s): l. The City of Bremerton � x� Additional names on page 4 of document. Legal Description: A portion ofthe NE'/4 ofthe NE'/4 in Sec. 32, T24N R 1 E., W.M. Kitsap County, (abbreviated) Washington. x❑ Additional legal is on page 5 of document. Assessor's Properly Tax Parcel/Account Number: 322401-1-005-2002 Project Name: Gorst Sewerage System Project 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 (hereina8er "Owner") of real property located at 6010 W Sherman Heights RD, Bremerton, Kitsap County, Washington, (hereinafter "Property"), legally described as: SEE ATTACHED EXHIBIT "A" Page 1 of 5 Outside Utility Agreement � ( 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 from the Bremerton Utilities Department. 2. Rates and Char�es. 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 of Bremerton. 4. Utilitv Improvements. Sewer 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 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 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 properiy as set forth in the Bremerton Zoning Code as amended. This Power of Attorney is nonrevocable. 6. Enforcement. Violation of this Ageement 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 Ageement shall be filed for record in the office of the Kitsap County Auditor. Page 2 of 5 Outside Utility Agreement OWNER: DATED: � 2 � BY: �L/G� � L�� ' � Don rstensen STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) ► 6''� On this � day of , 20Q� before me a Notary Public in and for the State of Washington, person y appeared Don Carstensen to me known to be the individual that executed the foregoing instrument, and acknowledged it to be the free and voluntary act, for the uses and purposes mentioned in this instrument, and on oath stated that he/she/they were authorized to execute said instrument. -Notary Seal Must Appear Withrn Thrs Box- IN WI ��S WHEREOF, I have hereunto set my hand and official seal the day an� r�6ry� written. � ��`� ��' r yi �''�, g Q�� �►�'tAA r 9G � � /l�✓ f � � � �a �Ot3 _ ' p yn � PUSL�� o� Notary Public in and for the State of Washington, � �'� c� �: residing at: Bremerton �����i�� WAS�`����� My appointment expires: 7/18/2013 11111 Page 3 of 5 Outside Utility Agreement CITY OF BREMERTON DATED: (�// BY: � P Lent, M yor DEPARTMENTAL APPROVAL: � Director of ublic Works and Utilities , � APPROVED FORM: � � Roger ovich, merton City Attorney RECEIVED FOR FILING: i Carol Etgen City lerk - 1166479_OUA Carstensen_6010 W_Sherman_Heights_Rd.doc Page 4 of 5 Outside Utility Agreement EXHIBIT "A" A PORTION OF SECTION 32, TOWNSHIP 24 N., RANGE 1 E.; WILLAMETTE MERIDIAN TAX ASSESSOR'S ACCOUNT NUMBER RP ID ADDRESS 322401-1-005-2002 1166479 6010 W SHERMAN HEIGHTS RD LEGAL DESCRIPTION 32241 E THAT PT OF NE 1/4 NE 1/4 DES AS FOLS BEG AT SEC COR COM TO SEC 28 29 32 & 33 IN SD TWP & RGE RUN TH S 1*02'16 W ALG THE LN BET SECS 32 & 33 A DIST OF 987.69FT TH S 45*50'42 E 32.07 FT TO CO RD TH S 44*09'18 W 273.80FT TO TPOB OF THE TR HEREIN DES TH CONT S 44*09'18 W 75FT TH N 53*31'39 W 234.15FT TH N 44*09'18 E 75FT TH S 53*31'39 E 234.15FT TO TPOB �"�`o ��� '�� , � �.� � �� � �� � ���.�� CARSTENSEN DOf�w LD M 322401-'I-dQ5 Copyright C�t 2010 ►�itsap County Page 5 of 5 Outside Utility Agreement