HomeMy WebLinkAboutADJACENT TO 5088 NW DAVID ROADFiled for Record at Request ot~
When Recorded Return to: ~/~5/~? ~8:43~
BR£MERTON CITY OF RGMT $1260 Kit~ap Co, WA
Name: City Clerk
Address: 239 Fourth Street
Bremerton, WA 98337
EXCI ETAX EXEMPT $EP 19 7
Document Title: Outside Utilities A~eement (Individual)
Project Name: David Road Short Plat
Developer ~Tame: Ea~le Development Corporation
Location: Adjacent to 5088 ~ David Road
Tax Parcel # 07240]-4-099-2004
Abbreviated Legal Lots B,C, & D of Short Plat No. 6864, cmTentl¥ a portion of Section 7,
Description: Towns~p :24 N, R ! E; W.M Located in K~ts~p County, Washington
OUTS]DE LTTILIT[E$ 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 utilities (BMC 15.02.040
and 15.03.040); and
WltEREAS 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
WitEREAS the undersigned, as owner of a parcel outside the City of Bremenon, has made
application for city utilities;
NOW, THEREFORE, the undersigned owner (hereinafter "Owmer") of real property located
at the 5000 Block of NW David Road Kitsap County, Washington, (hereinafter "Property"),
legally described as:
SEE EXHIBIT "A" ATTACHED
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. 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 Utilities Department.
2. Rates and Charges. Owner shall pay when due all connection charges, assessments, and
rates 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 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. Utiliw Improvements.
A 600 foot long water main extension to serve ~ three lots with a single family
residence on each lot
5. Annexation. Owner, by signing below, grants to the City ofBremerton a Limited Power
of Attorney to include this Agreement as Owner's consent to the annexation of the Property as part of
any Notice oflntent or Petition for Annexation presented 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 fringe comprehensive plan approved for the annexation area pursuant to
R CW 35.13.177, or if none has been adopted, the land uses for annexed properly as set forth in the
Bremerton Zoning Code as amended.
This Power of Attorney is nonrevocable.
6. Enforcement. Violation of this A4greement may result in the immediate 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.
85/85/$? 88' 43R
BREMERTON CITY OF AGMT $18.88 Kitsap Co, WA
COUNTY OF ~TS~ )
O9 ~s day, ~o~me, ~e ~de~i~ed, a No~ ~blic m ~d for ~e State of Was~gton, pe~o~lly
ppe~ed ~ ~ . to me ~o~ to be ~e individual(s) described m ~d who executed ~e
wi~;~fl foregoing ~men~ and ac~owledged ~at h~sh~ey si~ed ~e s~e ~ ~s~er/~e~ flee ~d vol~
act ~,~f~r ~e ~es ~d p~oses ~ere~ mentioned.
',, J .... ", CI~ OF B~MERTON
L~ HO~TON, Mayor
DEPA L:
W. EUGENE SAMPLE~clor of Public Works ~d Utilities
STATE OF WASH~GTON )
COUN~ 0F KITSAP )
On ~is ~y pemonatly appe~ed before me L~ Ho~on. Breme~on Ci~ Mayor. ~e municipal co~orauon
des:nB~d ~ ~d ~t exe:ute~ h~ wi~ ~d %regeing ~men~ and ac~owledged said insolent to be the free
and vol~ act ~d deed of said co~ora~on, for ~e u~es and p~oses ~erem menhoned, and on oa~ stated that
· ey ~"'"-"a'~d t0 ,xecme said mment on behalf of said
~LEEN L. MCCLUS~Y/Ci~ Clerk
~age: ~ of 5
BRE~ERTON CITY OF
EXHIBIT "A" eat of z
A PORTION OF SECTION 7, TOWNSHIP 24 N., RANGE 1 E.; WILLAMETTE MERIDIAN
TAX ASSESSOR'S ~ER 072401--4-099-2004
LEGAL DESCRIPTION
THE SOUTH 160 FEET OF THAT PORTION OF THE NORTHEAST QUARTER
OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 24 NORTH,
RANGE 1 EAST, W.H., IN KITSAP COUNTY, WASHINGTON, DESCRIBED
AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTH
HALF OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE
SOUTHEAST QUARTER; THENCE EASTERLY ALONG THE NORTH LINE OF
SAID SOUTH HALF OF THE NORTH HALF OF THE NORTHEAST QUARTER
OF THE SOUTHEAST QUARTER, 132 FEET TO THE TRUE POINT OF
BEGINNING; THENCE EASTERLY 132 FEET; THENCE SOUTHERLY AND
PARALLEL TO THE WEST LINE OF THE NORTHEAST QUARTER OF THE
SOUTHEAST QUARTER, 330 FEET; THENCE WESTERLY ALONG THE
SOUTH LINE OF THE NORTH HALF OF THE NORTHEAST QUARTER OF
THE SOUTHEAST QUARTER, 132 FEET; THENCE NORTHERLY AND
PARALLEL WITH THE WEST LINE OF THE NORTHEAST QUARTER OF THE
SOUTHEAST QUARTER TO THE TRUE POINT OF BEGINNING; >>
TOGETHER WITH THE WEST 264.00 FEET OF THE NORTH 115.5 FEET
OF THE WEST 630 FEET OF THE NORTH HALF OF THE SOUTH HALF OF
THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID
SECTION 7. >> TOGETHER WITH THE SOUTH 1 FOOT OF THE EAST 1
FOOT OF THAT PORTION OF THE NORTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SAID SECTION 7, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE SOUTH HALF OF THE
NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST
QUARTER; THENCE EASTERLY ALONG THE NORTH LINE OF SAID SOUTH
HALF OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE
SOUTHEAST QUARTER, 132 FEET TO THE TRUE POINT OF BEGINNING;
THENCE EASTERLY 132 FEET; THENCE SOUTHERLY AND PARALLEL TO
THE WEST LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST
QUARTER, 330 FEET; THENCE WESTERLY ALONG THE SOUTH LINE OF
THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST
QUARTER, 132 FEET; THENCE NORTHERLY AND PARALLEL WITH THE
WEST LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER
TO THE TRUE POINT OF BEGINNING; EXCEPT THE SOUTH 160 FEET
THEREOF, PER BOUNDARY LINE ADJUSTMENT RECORDED UNDER
AUDITOR'S FILE NO. 9401260351. >> SUBJECT TO AND TOGETHER
WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES AS
RECORDED UNDER AUDITOR'S FILE NO. 9103180036.
05/$5/$7 88:43A
BREMERTOH CITY OF AGMT $1~.80 Kitsap Co, NA