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HomeMy WebLinkAboutSUNNYHILL RD CITY OF 0REM£RTON ASMT ~2.$8 Ki%sap Co, WA ~¥~ne n Recorded Re~i~ to: Name: City Clerk Address: 239 Fourth Stxeet Bremerton,WA 98337 EXCISE TAX EXEMPT JUN -2 2003 Document Title: Outside Utilities Agreement Pr0ject Name: SiI~gle- family water ser¢ice EXCISE TAX EXEMPT JUN -3 2003 Developer Name: Williard Heyer Location: Sunnyhill Road Tax Parcel g 212401-2-018-2008 Abbreviated Legal A potion of the NE ¼ of the NW 1/4o£ Section 21, Township 24 N, Range 1 E, W.M., Description: Kitsap County, WA; OUTSIDE UTILITIES AGREEMENT WHEREAS the Bremerton Municipal Code requires property outside the city boundaries to suppot~ annexation to the City of Bremerton as a condition for receiving City utilities (BMC 15.02.040 and 15.03.040); and VqHEREAS the City of Bremerton has a prunary 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 at Sunny Hill Road, 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 fotXh 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. 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. Ustc. 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. Page I of 4 Water service for a single family residence. 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 Bremenon. 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 concurrem 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. Tiffs Power of Attorney is nonrevocable. 6. Enforcement. Violation of this Agreement may result in the ummediate termmation 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 mnrung 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): BY: STATE OF WASHINGTON ) : SS. COUNTY OF KITSAP ) On this davy, before me, the undersigned, a Notary Public m and for the State of Washington, personally appeared L/~! 1.11,4/1o ,l.,. ~LtE ¥~-/~ , 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 2~day of /Y'),q/~_,eb ~ 2003 Notary Public in and for the State of Washington, residing at: ~ My appointment expires: /'~_ Page 2 of 4 CITY OF BREMERTON ~MT ~.88 Kits~p Co, NR DATED: BY: C~ME~ Cary Bozerna6, May0r'"~ D~PEAR~VAL[IGENE gAMPLl~'i~'~of Public Works and Utilities APPROVED AS TO FORM: ROGER LUBOVICH, Bremerton City Attorney RECEIVED FOR FII.I~G: .~ lfr~THLE~r ~,?C~[~I~E~;, ~ity ~ler k/- CITY OF BREM[RTON ABMT ~,~8 Ki%$ap Co, WA []018sunnyhilOUA.doc Page 3 of 4 EXHIBIT "A" A PORTION OF SECTION 12, TOWNSHIP 24 N., RANGE 1 E.; WILLAMETTE MERIDIAN TALX ASSESSOR'S NUMBER 21240 I-2-018-2008 LEGAL DESCP,~TION That portion of the west half of the northeast quarter of the north~vest quarter of Section 21, Township 24 North, Range 1 East, W.M., in Kitsap County, Washington, described as follows: Commencing at a point on the west line of the west half of the northeast quarter of the north~vest quarter of said Section 21, which lies 660 feet north of the south line thereof; thence north 88050'48" west along a line parallel with the south line of the west half of the northeast quarter of the northwest quarter of said Section 21 for a distance of 155.37 feet to the point of beginning; thence continuing north 88°50'48" west 157.00 feet to the east right-of-way line of Sunnyhill Road; thence south 1°57'53" west along said fight-of-way line 110.00 feet; thence south 65°09'56" east 115.00 feet; thence north 19058'39" east 165.00 feet to the point ofbe~rming; Subject to a no-cut buffer easement as delineated on the referenced record-of-survey map depicting this boundary line adjustment. CI'[¥ OF BR£~ERI'0~ ~B~T ~ 00 Ki[sap to, Pa[te 4 of 4