HomeMy WebLinkAbout284X BOWEN STREETFiled for Record at Request off 1~/22/07 01 :~?P
BR£M£RTOH CITY OF flOMT $11.88 Kitzap Co, Wfl
When Recorded Return to:
Name: City_ Clerk
Address: 239 Fourth Street
Bremerton' WA 98337
Document Title: Outside Utilities A~reement (Individual)
Proj~t Name: N/A
Owner Name: Dou~_as_.A__._Deav_eL .........................................
Location: 284x Bowen Street
Tnx Parcel # 072402-3-114-2004
Abbreviated Legal Lot B, Short Plat Subdivision No. 4877 per Auditor's No. 8912130106
Description: located in the S%, N%, NW~A, SWg, Sec. 7, Twp. 24 N., R. 2 E.; W.M.
OUTSIDE UTILIIIES AGREEM~ENT
WllEREAS 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
WI-IEREAS 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
WltEREAS the undersigned, as owner of a parcel outside the City of Bremerton, has made
application for city utilities;
NOW, TilEREFORE, the undersigned owner (hereinafter "Owner") of real property located
at 284x Bowen Street , Kitsap County, Washington, (hereinafter "Property"), legally described as:
SEE ATTACHMENT"~'
and the City of Bremerton (hereinafter "City"), in consideration of the mutual covenants set forth
herein including the furnishing of utilities services by the City of Bremerton, do hereby promise and
agree as follows:
1. Sendces 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 fi.om the Bremerton Utilities Department.
2. Rates and Charges. Owner shall pay when due all connection charges, assessments, and
rotes established for city utilities 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 Bramerton 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 Imt~rovements.
Water s .er,~-e to a single f-~mS~y 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 presemed 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 fi'ingn 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.
6. Enforcement. Violation of this Agreement may result in the mediate termination of
utilities 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 agrees that any sale or transfer of the above-described property will be
conditioned on execution and filing of a duplicate copy of this outside utility agreement by the
purchaser or transferee.
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BR£MERTON CITY OF 14GMT $11,88 Kitsap Co, WA
STATE OF WASI-mqGTON )
COUNTY OF KITSAP )
O11 this .~, befor~ m~, the undersigned, a Notary lh~blic in and for tl~ State of Washington, lx:rsonally
apl~earedDo~J~ ~. D~cX/~-r',~meknowntobetheindivi&~(s)d~scnl~dinandwhoexeamtthe
~[ '. ~ ~ NoUuy Public m, ,a?l fo~the Slate of Waghington,
'~ r~ residing at: ~~
C!S!'T C',F BP. EI%a~_RTON
DATED:/~-/.~-- ~" 7 . L~ L~ Hi~RToN, ~ayor
W. EUG~t~iE I~AMP-LI~, D~or of Public Works and Utilities
AI~PRO~ AS '~RM:-
STATE OF WASHINGTON )
COUNTY OF KITSAP )
On this day personally alapea~d before me Lynn Horton, Bmmerton City Mayor, the municipal corporation
described in and that executed the within and foregoing instnnnent, and acknowledged said insmm~.ent to be the free and
voluntaxy act and a ~ _~d of said corporation, for the uses ond purposes tl~cin mont/oned, and on onth stated that they wre
authorized_to ~,e~ said insmnnont on behalf of said corporation.
..... O ,Fy'~q. ~u~der my hand ond ottidat seal this/,~day of ~ 1997.
! :o ~..i -~ :-' residing at:~
~'n-n.~s u. UCCLUSr-~w, oty c~
file: bowenoua.doc
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12/22/07 01:07~
BR~£RTON CITY OF flGr,1 $11. Kitsa~ Co, Wfl
EXHIBIT "A"
A PORTION OF SECTION 7, TOWNSHIP 24 N., RANGE 2 E.; WILLAMETTE MERIDIAN
TAX ASSESSOR'S NUMBER 072402-3-114-2004
LEGAL DESCRIPTION
LOT B OF SHORT PLAT SUBDIVISION NO. 4877 PER AP 8912130106
>> THAT PORTION OF THE SOUTH HALF OF THE NORTH HALF OF THE
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7,
TOWNSHIP 24 NORTH, RANGE 2 EAST, W.M., KITSAP COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS: >> COMMENCING AT THE
NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 7;
THENCE SOUTH 0*03'00" EAST, ALONG THE WEST LINE OF SAID
SOUTHWEST QUARTER, A DISTANCE OF 661.84 FEET TO THE SOUTH
~I.~ OF Ti~E NORTH HALP OF 'r~{~ NOR~I~h~:Sg~ QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 7; THENCE NORTH 89'09'07"
EAST, ALONG SAID SOUTH LINE, A DISTANCE OF 660.00 FEET;
THENCE NORTH 0*03'00" WEST A DISTANCE OF 6.00 FEET TO THE
NORTHERLY RIGHT-OF-WAY MARGIN OF "BOWEN STREET"; THENCE
SOUTH 89*09'07" WEST, ALONG SAID RIGHT-OF-WAY MARGIN A
DISTANCE OF 6.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE
SOUTH 89*09'07" WEST A DISTAN~R OF 94.00 FEET; THENCE NORTH
0*03'00" WEST A DISTANCE OF 160.11 FEET TO THE SOUTH LINE OF
THE NORTH 165 FEET OF THE SOUTH HALF OF THE NORTH HALF OF
THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID
SECTION 7; THENCE NORTH 89*09'07" EAST, ALONG SAID SOUTH
LINE OF THE NORTH 165 FEET, A DISTANCE OF 94.00 FEET; THENCE
SOUTH 0*03'00" EAST A DISTANCE OF 160.14 FEET TO THE TRUE
POINT OF BEGINNING. >> SUBJECT TO AND TOGETHER WITH EASEMENT
"A" IS A STRIP OF LAND, 30 FEET IN WIDTH, WITH 24 FEET OF
SUCH WIDTH LYING WITHIN LOT B AND 6 FEET OF SUCH WIDTH LYING
WITHIN LOTS A AND C AS DELINEATED ON THE SHORT PLAT MAP.
EACH OF THE LOTS A, B, C AND D, INCLUSIVE, SHALL HAVE AN
EASEMENT RIGHT OVER, UNDER AND ACROSS EASEMENT "A" FOR
INGRESS, EGRESS AND UTILITIES PURPOSES.
-< ,'
'80 YEN STREET
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BREMERTON CITY OF AGMT $11,88