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HomeMy WebLinkAboutSHAW ISLAND 'I Return Address City Clerk City of Bremerton 345 Sixth Street, Suite 600 Bremerton, WA 98337 BREMERTON CITY OF 201302110126 1 _Agreement Reo Fee $ 76 00_ _ 02/11/2013 09 22 AM Page 1 of "5 j Walter Washington, Kitsap co Auditor l ( � I IIIIIII IIIIII III IIII IIIIIII �IIIII IIII IIII VIII VIII I IIII� I III VIII Ilill VIII IIII IIII �� 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 Richard Shaw x0 Additional names on page 3 of document Grantee(s) 1 The City of Bremerton x❑ Additional names on page 4 of document Legal Description A portion of the NE ''A of the SW '/4 in Sec 10, T24N R 1 E , W M Kitsap County, (abbreviated) Washington x� Additional legal is on page of document Assessor's Property Tax Parcel /Account Number 102401 -2- 115 -2003 102401 -2- 114 -2004 102401 -2- 116 -2002 Project Name Shaw Island 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 in, Bremerton, Kitsap County, Washington, (hereinafter "Property"), legally described as SEE ATTACHED EXHMIT "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 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 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 m 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 unmediate 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 Kitsap County Auditor OWNER(S) DATED f 7 BY Owner /� ` BY 1C 1 e STATE OF WASHINGTON ) ss COUNTY OF KITSAP ) On this day, before me, the undersi ed, a ?o Pubhc in and for the State of Washington, personally appeared l-1 �'I6i6 -Z -5 cci 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 / 7 day of c �lcAt a 0l y , 2013 c� NOTggy � _ ° Dii ° ' • ' ~ �•� Notary Puic in and bl for the tate of Washington, WAVA �� AD 1 111111111 11%'o +► ++++11N` residing at 0 %4G j` My appointment expires CITY OF BREMERTON DATED ��3 BY Patty Len or DEPARTMENT PROVAL z� Chal Martin, Director of Public W rks and Utilities APPROVED AS TO FORM Roger Lubovich, Bremerton City Attorney N;;OR FILING Shannon Corm, City Clerk EXHIBIT " A " LOT D OF SHORT PLAT NO. 6680 RECORDED UNDER AUDITOR'S FILE NOS. 200804250014/0015 BEING AN AMENDMENT OF AUDITOR'S FILE NOS. 200304220020/0021 IN VOLUME 17 OF SHORT PLATS, PAGES 167,168 & 169. BEING A PORTION OF GOVERNMENT LOT 2, SECTION 10, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON BEING KNOWN AS "SHAMROCK ISLAND "; LYING SOUTHERLY OF LOT 6, BLOCK 3, WILDWOOD ADDITION, AS PER PLAT RECORDED IN VOLUME 7 OF PLATS, PAGES 15 & 16, KITSAP COUNTY, WASHINGTON; TOGETHER WITH SECOND CLASS TIDELANDS AS DEPICTED ON THE SHORT PLAT; ALSO TOGETHER WITH AN EQUAL AND UNDIVIDED ONE - QUARTER INTEREST IN TRACT A OF SAID SHORT PLAT FOR INGRESS, EGRESS AND UTILITIES. LOT C OF SHORT PLAT NO. 6680 RECORDED UNDER AUDITOR'S FILE NOS. 200804250014/0015 BEING AN AMENDMENT OF AUDITOR'S FILE NOS. 20030422002010021 IN VOLUME 17 OF SHORT PLATS, PAGES 167,168 & 169. BEING A PORTION OF GOVERNMENT LOT 2, SECTION 10, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON BEING KNOWN AS "SHAMROCK ISLAND "; LYING SOUTHERLY OF LOT 6, BLOCK 3, WILDWOOD ADDITION, AS PER PLAT RECORDED IN VOLUME 7 OF PLATS, PAGES 15 & 16, KITSAP COUNTY, WASHINGTON; TOGETHER WITH SECOND CLASS TIDELANDS AS DEPICTED ON THE SHORT PLAT; ALSO TOGETHER WITH AN EQUAL AND UNDIVIDED ONE - QUARTER INTEREST IN TRACT A OF SAID SHORT PLAT FOR INGRESS, EGRESS AND UTILITIES. LOT A, SHORT PLAT NO. 6680 R -1, RECORDED UNDER AUDITOR'S FILE NOS. 200804250014 & 200804250015 IN VOLUME 20 OF SHORT PLATS, PAGES 125 & 126, BEING LOTS A & B OF SHORT PLAT NO. 6680, RECORDED UNDER AUDITOR'S FILE NOS. 200304220020 & 200304220021 IN VOLUME 17 OF SHORT PLATS, PAGES 167,168 & 169, BEING A PORTION OF GOVERNMENT LOT 2, SECTION 10, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON, BEING KNOWN AS "SHAMROCK ISLAND.