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HomeMy WebLinkAbout152401-2-240-2006 Return Address: City Clerk City of Bremerton 345 Sixth Street,Suite 100 Bremerton,WA 98337 BREMERTON CITY OF �t019072200$0 Agreement Rec Fee: $ 105 50 07/22/2019 09:22 AM Page , Of Paul Andrews, Kitsap Co Auditor 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. REED,JAMES L ❑ Additional names on page of document. Grantee(s): 1. The City of Bremerton O Additional names on page of document. Legal Description: THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST (abbreviated) QUARTER, SECTION 15,TOWNSHIP 24 NORTH,RANGE 1 EAST,W.M.,IN KITSAP COUNTY,WASHINGTON ® Additional legal is on page 5 of document. Assessor's Property Tax Parcel/Account Number: 152401-2-240-2006 Project Name: New SFR 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 Page 1 of 5 Outside Utilities Agreement Rev. 01/2018 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 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 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 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. Page 2 of 5 Outside Utilities Agreement Rev. 01/2018 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: - 2(- / 7 BY: _-- Owner BY: STATE OF WASHINGTON ) ) ss COUNTY OF KITSAP ) On this day,before me,the undersigned, a Notary Public in and for the State of Washington, personally appeared ,3G►CY1e S LG+w e'en c 12%zG d ,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 154' day of UkA 201°1 . 1 (Pt111117‘sP)441:4111°..04.: M 41 �.;,polioNotary P lic in and for the State of Washington, residing at: K�c-�'Sq�4 C,o vA n#p My appointment expires: pq Idy*OP it Page 3 of 5 Outside Utilities Agreement Rev. 01/2018 CITY OF BREMERTON DATED: 7,0, Y 12 BY: l/J Greg ler, Mayor DEPARTMENTAL APPROVAL: Di, ctor of Public Works and Utilities APPROVED AS TO FORM: Roger Lubovich,Bremerton City Attorney City Cler R:\Legal\Legal\Fotms\FORMS ON COBWEB\Outside Utilities Agreement Rev.01 2018.docx Page 4 of 5 Outside Utilities Agreement Rev. 01/2018 , • EXHIBIT A RESULTANT PARCEL 2 OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO. 200705040064,RECORDS OF KITSAP COUNTY,WASHINGTON, DESCRIBED AS FOLLOWS: THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER, SECTION 15,TOWNSHIP 24 NORTH,RANGE 1 EAST,W.M.,IN KITSAP COUNTY,WASHINGTON,DESCRIBED AS FOLLOWS: COMMENCING AT A POINT 953.06 FEET SOUTH AND 460 FEET WEST OF THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER, SAID SECTION 15;THENCE WEST 95.00 FEET TO THE TRUE POINT OF BEGINNING;THENCE WEST 105.00 FEET; THENCE SOUTH 100.00 FEET;THENCE EAST 105.00 FEET;THENCE NORTH 100.00 FEET TO THE POINT OF BEGINNING;TOGETHER WITH AN EASEMENT FOR INGRESS, ' EGRESS AND UTILITIES OVER,UNDER AND ACROSS THE SOUTH 20.00 FEET OF RESULTANT PARCEL 1 OF THIS BOUNDARY LINE ADJUSTMENT, THE USE OF SAID EASEMENT AREA SHALL BE LIMITED TO INGRESS,EGRESS AND UTILITIES,NO PARKING OR STORAGE OF ANY KIND IS PERMITTED WITHIN SAID EASEMENT; SUBJECT TO AN EASEMENT FOR DRAIN FIELD AND RESERVE DRAIN FIELD PURPOSES OVER, UNDER AND ACROSS THE NORTH 20.00 FEET. Jf'J e':' �tf I I y 2-087 ,) ' r---- 2016 2.085 -656 2.DE 2.080 24b40 2-017 to2.029 2-006 1: 0 2.060 2-{?1.9 2.028 2.042 2.0 2 tl 1....L. ___._...i... 7.02) 2-043 2.058 2.0 41 :- -- 2.098 2.08 2-022 i 2.052 — 1 2.0( 2.028 2.240 2 299 2-05 2-Of 2.06 L2.024 I 2-027 2051 2.0f Page 5 of 5 Outside Utilities Agreement Rev. 01/2018