HomeMy WebLinkAboutEASEMENT SOUTH OF DAVID RDFiled for Record at Request of: BREMERTOH CITY OF ~$MT $13.06 K~sa~ CO
When Recorded Remm to:
Name: City Clerk
Address: 239 Fourth Street
Bremerton, WA 98337
EXCISE TAX EXEMPT JUL g 4 000
Document Title: Outside Utilities Agreement
Project Name: Water Main to sevice Short Plat # 5749
Developer Name: Turk Shachel
Location: The easement South of David Road
Tax Parcel # 072401-4-091-2002, 072401-4-092-2001, 072401-4-093-2000, 072401-4-094-2009
Abbreviated Legal A portion of the NE quarter offfxe SE quarter in Section 07, Tovmship 24 N, Range 1 E,
Description: W.M., Kitsap County, WA. Lot A, B, C and D of Short Plat //5749 recorded under
Auditor's File #'s 9407270231 and 9407270232.
OUTSIDE UTILITIES AGREEMENT
WHEREAS the Bremerton Municipal Code reqmres 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 lwnited 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 tbr city
utilities;
NOW, THEREFORE, the undersigned owner (hereina?~er "OYrr~er') of rea! prol. erty loca:ed at South of
Da'. id Road of and access road, Kitsap County, Washington, (hereinaFter 'PropenT"), legally described as:
SEE ATTACHED EXHIBIT "A"
and the City of Bremerton (hereinaFter "City"), in comideration of the mutual covenants set forth herein including the
fitmishing of utility services by the City of Bremerton, do hereby pronfise 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
Brenrerton Utilities Department.
2. Rates and Chames. Owner shall pay when due all connectinn charges, assessments, and rates established
for city utility services by City ordinance for the Owner's user class.
3. _Us~ee. Development of the property described above shall comply w~th 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 slxeet standards of the City of Bremerton.
Page 1 of 4
4. Utiliw Improvements.
Water service for a four lot Short Plat.
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 Aanexation presented to the City of Bremertnn.
The annexation petition supported by this Power may include proportional assumption of the City indebtedness
by the area to be atmexed. The petition shall requ~c the concurrent adoption of land uses designated ;.n any urban fringe
comprehensive plan approved for the annexation area pursuant to RCW 3 5.13.17 7. 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 AtXomey is nonsevocable.
6. Enforcement. Violation of this Agreement may result in the tmmediate termination of utility services to the
above-described prope~'y as well as other remedies provided by law.
7. Covenants. The undersigned further agrees that this Agreement and the promise made hereto constitute a
cox chant running with the land and shall be binding upon the undersigned and his heirs, successors, and assigns, and that
this \greement shall be filed for record in the office of the Kitsap County Auditor.
Ni~s J. Vizzare -
STATE OF WASHiNGTON )
COL ~vqTY OF KITSAP )
On this day, before me, the undersigned, a Notary Public in and for the State of Washington, personally
appeared~-/4._ ~.~. _Afl. d~_ J tqd/~.~ Jq~'.~a t<.., to me known to be the individual(s) described in and who executed
the within and foregoing mslnunent, and acknowledged that he/she/they signed the same as his/her/their free and
volnntary act and deed, for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this_.~Od~ day of __',~J'&'/? : 2000.
'~otarv Public m and for the State of Washington,
residing at:~/'ff~C. ("Ot/,q~
My appomm~ent exp~es: ~7/,~
BREHERTON CITY OF RBMT $13.00 Kitsap Co, ~fl ' :
CITY OF BREMERTON
L . HORTON, Mayor
D E P.~°-TMENTy~PPROVAL:
W EUGENE SAMPLEY, D/rector of Public Works and Utilities
ED AS TO FORM:
GLENNA MALANCA, Bremerton City Attorney
RECEIVED FOR FILING:
KATHLEEN L. MCCLUSKEY, City Clerk
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BREMERTON CITY OF AGiIT $13,88 Kitsalo Co, NA
Page 3 of 4
EXHIBIT "A"
A PORTION OF SECTION 07, TOWNSH~ 24 N., R.~NGE 1E.; WILLAzMETTE MERIDIAN
LEGAL DESCRIPTION
T,~X ASSESSOR'S NL.WIBER 072401-4-091-2002
LOT A SHORT PLAT NO. 5749 AS RECORDED IN VOLUME 11 PAGE 40
OF SHORT PLATS, AUDITOR'S FILE NOS. 9407270231/0232. BEING
A PORTION OF THE EAST 216.61 FEET OF THE NORTH 231 FEET OF
THE NEST 630 FEET OF THE NORTH HALF OF THE SOUTH HALF OF
THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION
7, TONNSHIP 24 NORTH, RANGE I EAST, N.M.; SUBJECT TO AND
TOGETHER NITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES
AS RECORDED UNDER AUDITOR'S FILE NO. 9103180036. ALSO
SUBJECT TO AND TOGETHER NITH EASEMENTS AS DEPICTED ON THE
SHORT PLAT.
T.K_N ASSESSOR'S NL2MBER 072401-4-092-2001
LOT B SHORT PLAT NO. 5749 AS RECORDED IN VOLUME 11 PAGE 40
OF SHORT PLATS, AUDITOR'S FILE NOS. 9407270231/0232. BEING
A PORTION OF THE EAST 216.61 FEET OF THE NORTH 231 FEET OF
THE NEST 630 FEET OF THE NORTH HALF OF THE SOUTH HALF OF
THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION
7~ TONNSHIP 24 NORTH, RANGE 1 EAST, N,H.; SUBJECT TO AND
TOGETHER NITH AN EASEMENT FOR INGRESS~ EGRESS AND UTILITIES
AS RECORDED UNDER AUDITOR'S FILE NO. 9103180036. ALSO
SUBJECT TO AND TOGETHER NITH EASEMENTS AS DEPICTED ON THE
SHORT PLAT.
p2~eO.. 00~7~? 1 24
Page 4 of 4
A--P~5~ ~F--~-~S~ ~.~ ~g~--OF THE N-O~TH 231--FEE~O-~ ............
THE NEST 630 FEET OF THE NORTH HALF OF THE SOUTH HALF OF
THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION
7, TONNSHIP 24 NORTH, RANGE 1 EAST, N.M.; SUBJECT TO AND
TOGETHER NITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES
AS RECORDED UNDER AUDITOR'S FILE NO. 9103180036. ALSO
SUBJECT TO AND TOGETHER NITH EASEMENTS AS DEPICTED ON THE
SHORT PLAT.
EXHIBIT "A" cont.
A PORTION OF SECTION 07, TO~VNSHIP 24 N., R.&N'GE 1 E.; %TLLAMETTE MERIDLAN
MAP
I 7 108 0~4 0~ C/' 075
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7 !5 ~ C
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BREMERTON CITY OF AOMT $13 $8 Kitsap Co, WA