HomeMy WebLinkAbout600 NICHOLS STREET NWFiled for Record at Request of: BR£MERTON CITY OF 8SMT $12.08 Ki%$al0 Co, [48
When Recorded Return to:
Name: City Clerk
Address: 239 Fourth Street
Bremerton, WA 98337
Document Title: Outside Utilities Agreement
Projeet Name: Water Service outside City Limits
Developer Name: Brad Watters
Localion: 600 Nichols Street NW
Tax Parcel # 342501-4-045-2005
Abbreviated Legal A portion ot the southeast quarter of Section 34, Township 25 N, Range 1 E, W.M.,
be~eripliou: Kitsap Counr.~, WA, Lut A of Short Plat #4'.112R 2 Jecerded under &uditor's file
g9611080153 in Government Lot 4.
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 utihfies (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 withfit 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 (hereinal~er "Owner") of real propexty located at 600 Nichols
Street NW, Kitsap County, Washington, (hereinafter "Property"), legally described as:
SEE ATTACHED EXHIBIT "A"
and the City of Bremerton (hereinaller "City"), ia consideration of the mutual covenants set forth hereto including the
fumishing 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 Ufihtaes 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.
Page I of '~
3. Use. Development of the propemy 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 B~merton.
4. Utility Improvements.
Water service for a single family residence.
5. Annexation. Owaer, 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 assun-~ption of the City
indebtedness by the area to be annexed. The petition shall require the concune~t adoption of land uses designated in
an3, taben fringe comprehensive plan approved for the annexation area pursuant to RCW 35.13.177, or if none has been
adop~ad, the land uses for araiexed proi)elD' as set foi~rh in the Bremerton Zoning Code as amended.
llfis Power of Attorney is nonrevocable.
6. Enforcement. Violation of this Agreement may result in the tmmediate termination of utihty 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 numing with the land and shall be binding upon the undersigned and his heirs, successors, and assigns, and
that this Agreement shall be fried for record in the office of the Kitsap County Auditor.
OWNER(S):
Brad Waiters
STATE OF WASHINGTON )
: SS.
COUNTY OF KITSAP )
~his day, ~efore me, .tl4e undersigned, a Notaxy Public in and for the State of Washington, personally
appeared~ -~0 3~__, to me known to be the individual(s) described in and who executed
the within and foregoing msmunent, and acknowledged that he/she/they signed the same as his/her/their flee and
voluntary act and deed, for the uses and proposes therein mentioned.
GIVEN under my hand and official seal thi ~--~day of~ 2000
~ : ,.... t Notary Pub~ the State of Washington,~
{ ~: X~l c~. , residing at:
Pa~e 2 of~'
BREMERTON CITY OF R6iqT $1~.0O Kitsap Co, W8
CITY OF BREMERTON
LY~lh~ S. HORTON, Mayor
DEP~VAL:
W. EUGENI~SAMPL~tor of Public Works and Utilities
APPP~VED AS TO FOR~:
RECEIVED FOR FILING:
~21~EEN L.~, City Clerk
~600nicholsoua.doc
EXHIBIT "A"
A PORTION OF SECTION 34, ToWNsHIP 25 N., RANGE 1 E.; WILLAMETTE MERIDIAN
TAX ASSESSOR'S NUMBER 342501-4-045-2005
LEGAL DESCR~TION
LOT A SHORT PLAT NO. 4812R-2 RECORDED UNDER AUDITOR'S FILE
NO. 9611080153 BEING AN AMENDMENT OF AUDITOR'S FILE NO.
8912040141 DESCRIBED AS FOLLOWS: THAT PORT[ON OF GOVERNMENT
LOT 4, SECT[ON 34, TOWNSHIP 25 NORTH, RANGE 1 EAST, W.M.j
IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
CONNENC[NG AT THE SOUTHEAST CORNER OF SAID GOVERNMENT LOT
4; THENCE N88*51'lS"W ALONG THE SOUTH LINE OF SAID
GOVERNMENT LOT 4 A DISTANCE OF 1153.38 FEET; THENCE
N12*OO'OO"W 402.50 FEET; THENCE N13*30'OO"E 116.23 FEET TO
THE POINT OF BEGINNING; THENCE S46'12'01"E 95.07 FEET;
THENCE S88'51'15"E 123.67 FEET; THENCE S78'59'13"E 158.65
FEET; THENCE N5*10'57"E 142 FEET, MORE OR LESS, TO MOSHER
CREEK; THENCE WESTERLY ALONG MOSER CREEK TO A POINT WHICH
LZES N13*30'OO"E OF THE POINT OF BEGINNING; THENCE
S13'30'00"W 200 FEET, MORE OR LESS, TO THE POINT OF
BEGINNING; TOGETHER WITH THAT PORT[ON OF FOLLOWING
DESCRIBED SECOND CLASS TIDELANDS FRONTING THEREON:
COMMENCING AT THE SOUTHEAST CORNER OF SAID GOVERNMENT LOT
4; THENCE N88*51'15"W ALONG THE SOUTH LINE OF SAID LOT 4 A
DISTANCE OF 1153.38 FEET; THENCE N12*OO'OO"W 199.58 FEET TO
THE TRUE POINT OF BEGINNING; THENCE CONTINUING N12*OO'OO"W
202.92 FEET THENCE N13*30'OO"E 267.96 FEET TO THE TERMINUS
POINT OF TIDELANDS INCLUDED HEREWITH; AND TOGETHER WITH AN
EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER, UNDER AND
ACROSS A 20 FOOT WIDE STRIP AS DEPICTED ON THE SHORT
SUBDIVISZON MAP.
B~EM£~TOH CITY OF ~T $1~ ~$ Kitsap Co, g~
P~ge~of~
EXHIBIT "A" continued
A PORTION OF SECTION 34, TOWNSHIP 25 N., RANGE 1 E.; WILLAMETTE MERIDIAN
TAX ASSESSOR'S NUMBER 342501-4-045-2005
LEGAL DESCRIPTION
GOVERNMENT LOT 4
PAi N1E0 6/19/95
VOLUME 3 PAGE 198
C.0.5 9832 4/27/88
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