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HomeMy WebLinkAboutROCKY POINT PROJECT e Return Address City Clerk L City of Bremerton 345 Sixth Street, Suite 600 Bremerton, WA 98337 BREMERTON CITY OF 201211050361 Agreement Rec Fee $ 76 00 11/05/2012 12 22 -PM -- - _ Page —1-of-5- Walter Washington, '� I IIIIIII IIIIII III IIII IIIIIII IIIIII K Co Auditor VIII VIII IIIIIII III VIII VIII IIII IIII j i AUDITOR/RECORDER'S INDEXING FORM Document Title(s) 1 Outside Utilities Agreement Reference Number(s) of Documents assigned or released N/A Grantor(s) Jack Johnson Construction x❑ Additional names on page 3 of document Grantee(s) 1 The City of Bremerton x0 Additional names on page 4 of document Legal Description A portion of the NE '/4 of the NE '/4 I n Sec 23, T24N R 1 E , W M K County, (abbreviated) Washington j] Additional legal is on page 5 of document Assessor's Property Tax Parcel /Account Number 4630- 002 - 016 -0305 4630- 002 - 01700205 Project Name, Rocky Point 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 minted 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 in, Bremerton, Kitsap County, Washington, (hereinafter "Property"), legally described as SEE ATTACHED EXHIBIT "A" and the City of Bremerton (hereinafter "City "), in consideration of the mutual covenants set forth herem 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 Charees 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 Utility Improvements Water service for Residential water service connections One connection for each lot listed in exhibit "A" 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 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 herem constitute a covenant running with the land and shall be binding upon the undersigned and his hens, successors, and assigns, and that • this Agreement shall be filed for record in the office of the Krtsap County Auditor OWNER(S) DATED 10 -2-o1'2— BY ILZ Owner /Agent BY STATE OF WASHINGTON ) ss COUNTY OF KITSAP ) On this day, before me, a dersi ed, a Notary Public in and for the State of Washington, personally appeared CJ to me known to be the mdividual(s) described in d who executed the within and foregoing instrument, and acknowledged that hoge ffiey signed the same as hi�thetr free and voluntary act and deed, for the uses and purposes therein mentioned GIVEN under my hand and official seal this day 2012 ` NN M O C9 6 06 ;1 0 " Er •. 2 `IOTA y • O • : R • Z Notary Public in and for the State of Washington, jO UBLIC • h ; residing at N� • � 15. • gy p= y . �`O, p My appointment expires CITY OF BREMERTON DATED Z BY G '? Patty Le M yor DEPARTMENTAL APPROVAL Chal Martin, Director of Public W rks and Utilities APPROVED A S TO FORM _f �(� Roger Lubo ich, bremerton City Attorney SEC IVED FOR FILING 1 Shannon Corm, City Clerk EXHIBIT "A" RESULTANT PARCEL 4 OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO 201207310136, RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS LOT 16, EXCEPT THE NORTH 37 65 FEET, AND THE NORTH 50 20 FEET OF LOT 17, ALL IN BLOCK 2, ROCKY POINT PARK, AS PER PLAT RECORDED IN VOLUME 6 OF PLATS, PAGE 40, RECORDS OF KITSAP COUNTY, WASHINGTON RESULTANT PARCEL 5 OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO 201207310136, RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS LOT 17, EXCEPT THE NORTH 50 20 FEET, AND LOT 18, ALL IN BLOCK 2, ROCKY POINT PARK, AS PER PLAT RECORDED IN VOLUME 6 OF PLATS, PAGE 40, RECORDS OF KITSAP COUNTY, WASHINGTON