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HomeMy WebLinkAbout3907 HARBEL DRIVE NEWhen Recorded Return to: Name: City Clerk Address: 239 Fourth Sweet Bremerton, WA 98337 Document Title: Outside Utilities Agreemem Project Name: Sewer service Developer Name: Jay Montgomery Location: 3907 Harbel Drive NE Tax Parcel # 012401~2-065-2004 Abbreviated Legal A pordon of the SE quarter of the NW quarter of Section 01, Township 24 N, Rang~ 1 E, Description: W.M., Kitsap County, WA; OUTSIDE UTILITIES AGREEMENT WI-IEREAS 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 apphcation for city utilities; NOW, THI~REFORE, the undersigned owner (hereinat~er "Owner") of real property located at 3907 Harbel Drive, Kitsap County, Washington, (haremafter "Propen'y"), legally described as: SEE ATTACI{ED EXIIlIIlT ".,%." and the City of Bremerton (hereinafter "City"), m comideration 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 Availabihty from the Bremerton Utihties Department. 2. Rates and Charges. Owner shall pay when due all connection charges, assessments, and rates established for city utihty 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 slxeet standards of the City of Bremerton. Page 1 of I 4. Utility Improvements. Sewer service for a single family residence. 5. Annexation. Owner, by signing below, grants to the City of Bremerton a Limited Power of Attorney include this Agreemem as Owner's consent to thc annexation of the Property as part of any Notice of Intent or Petition for Annexation presented to the City of Bremertun. 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 1and uses designated in any urban fringe comprehensive plan approved for the mmexation area pta'suant to RCW 35.13.177, or if none has been adopted, the land uses for annexed property as set forth ia the Bremerton Zoning Code as amended. Tiffs Power of Attorney is nonrevocable. 6. Enforcement. Violation of this Agreement may result ia the immediate termination of utility services to the above-described property as well as oiler 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 m the office of the Kitsap County Auditor. OWNER(S): Ja~'-Montgo~ery STATE OF WASHINGTON ) I~,~.~¢r't~ A. ~.~rr~,~r. ay ~ ~ : SS. COUNTY OF KITSAP ) On.this day, before me, the undersigned, a Notary Public in and for the State of Washington, personally appeared t,] ~ L. ~!~2, wi k"r. aDvwt~rq~ , to me Imowj~o be the individual(s) described in and who execmed the within a.qd fdregoing iaslrument,'dand acknowledged tha h~h~he/they signed the same as his/her/their fxee and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this ~ ~ ~oay of ~ 2000 lqO-- ~--- TA ~ ,~*",TM ~ Notary Public iaand for the State of Washington, .... : "i residing at: ~'O;'°° '''-~ ~r~~'~''~q;On°°''~*~ My appointment expires: :.~ ~ .~ Page 2 of 2 $REM[RION CITY OF ~Gi'lT $11.S0 Kit. sap CITY OF BREMERTON · ON, Mayor L R DEPARTM~L: APPROVED AS TO FORM: David B. St.Pisrre, Assistant City Attorney RECEIVED FOR FILING: I~TI~ILEEN L. MCCLUSKI~Y, City Clerk []3907harbeloua.doc EXHIBIT "A" A PORTION OF THE SE QUARTER OF THE NW QUARTER OF SECTION 01, TOWNSHIP 24 N., RANGE 1 E.; WILLAMETTE MERIDIAN TAX ASSESSOR'S NUMBER 012401-2-065-2004 LEGAL DESCRIPTION PTN SE1/4 NN1/4 CNVYD BY AUD NO 1091315 DAF, BAT SN COR OF SE1/4 SE1/4 NN1/4 TH N 132FT TH E 16OFT TO TPOB TH N 132FT TH E 17OFT TH S 132FT TH N 17OFT TO TPOB EXC E 3OFT & EXC ANY PTN THOF LY NHIN N 396FT OF SUB r 5185-0 2387-4 055 056 J760-B 170 058 ~6 061 -8 060 169 )98 062 100 065 O66 065 068 064 O67 105 07O O74 O75 O69 165 071 875-A NE I~,'Y ROAD Page 4 of 4 BR£M[RTO)4 CITY OF A~MT $11 O0 Ki~sap Co, ~IA