HomeMy WebLinkAbout500 BLOCK OF DAVID RD Filed for Record at Request of.'
Page: ! o£ 4
When Recorded Return to: e9/05/97 eS:4~fl
BR£~ERTON CITY 0P flGilT $I1,89 Kitsap Co, Nfl
Name: City Clerk
Address: 239 Fourth SKeet
Bremerton~ WA 98337
EXOI E Ta3( $EP 4 1997
Document Title: Outside Utilities A~reement (Individual)
Proj~et Name: David Road Short Plat
l)evdoper Name: Charles and Pamda MeCauslin
Location: Adjacent to 5088 NW David Road
Tax Parcel # 072401-4-096-2007
Abbreviated Legal Lots A,B,C, & D of Short Plat No. 6865, onTently a portion of Section 7,
Description: Township 24 N., R 1 E.; W.M Located in Kitsap County, Wa~qhin~on
OUTSIDE UTILITIES AGREEMENT
WI~I~REAS 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
WItEREAS 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
Wltrlr~REAS the undersigned, as owner ora parcel outside the City of Bremerton, has made
application for city utilities;
NOW, Tmr~REFORE, the undersigned owner (hereinaRer "Owner") of real property located
at the 5000 Bloek of NW David R~_.d Kitsap County, Washington, (herdnal~er "Property"),
legally described as:
SEE EXlql~IT "A' AITAClt~D
and the City of Brernerton (hereiruffier "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. Utility Improvements.
A 600 foot long water main extension to serve a four lot short plat with a single family
residence on each lot
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 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 requke the concurrent 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 fo~h in the
Bremerton Zoning Code as amended.
This Power of Attorney is nonrevocable.
6. Enforcement. Violation of this Agreement 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 A~reement 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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Itl~£M['~TOiq CITY OF' AOMT $11.~$ Ki~,~p Co, MA
STATE OF WASHINGTON )
: SS.
COUNTY OF KITSAP )
O~1. lhis day, befo. r~ me,/he un~d~rS~gned, a Notary Public in and for the State of Washington. personally
appeared t'OlOr/~ a*~a~a., glt~/~'~lme kno,~ to b~the individual(s) described in~qld..who executed the
within and foregoing instmmem, and acknowledged that he/sho~ signed the same as his/her/t~lgi/.,f~e and voluntary
act and deed, for the uses and purposes thereto mentioned.
GIVEN under my hand and official seal thi~?~da~,~l 9~t~~--
.,.~ ~. ;~ ~ Public-j~l and fo,/he State of Washington,
-~ ,. ~" My appointment expires:
"; ' " CITY OF BREMERTON/
LYN~ HORTON, Mayor
D~Pi/~VAGENE ,AMPL~ir of Pohlic Works and Utilities
ORM:
lAN R. SIEVERS, Bremerton City Attorney
STATE OF WASHINGTON )
COUNTY OF KiTSAP )
~.~n this day personally appeared before me Lynn Horton, Brcmenon City Mayor, thc municipal corporation
deS~,~i:in and that executed the witi~in and foregoing thstmmeat, and ackmowledged said ins..~'ument to be thc tYee
an~;~lUntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that
tl~{,tr~r¢ 'autl~o .~ized to execute said instrument on behalf of said corporation.
~9....~,~, ~3~¥~N'~ler my hand and officia sea this/~:lay of (/~/.,r~'zoff~ , 19 ¢7.
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BR£tI£RTON CITY OF ~OgT $11.88 Ki~sa~ C0, ~
EXHIBIT "A"
A PO~ON OF $~C~ON 7, TOWNSHIP 24 N., R_AN~H 1 ~.; WILLAM~ MEP. IDIAN
TAX ASSESSORS NUMBER 0~1--44)96-2~7
LEGAL DESCRIPTION
THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTH~ST
QUARTER OF SECTION 7, TOWNSHIP 24 NORTH, RANGE 1 ~ST,
W.M., KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THE
~ST 413.9 FEET OF THE NOR~ 231 FEET OF THE WEST 630 FEET
OF THE NORTH EALF OF THE SOUTH EALF OF THE NORTHEAST
QUARTER OF THE SOUTHEAST QUART~ OF SAID SECTION 7; EXCEPT
HE WEST 264.00 FEET OF ~E NORTH 115.5 FEET OF THE NORTH
231 FEET OF THE WEST 630 FEET OF THE NORTH HALF OF THE
SOUTH ~LF OF THE NORTH~ST QUARTER OF THE SOUTHEAST
QUARTER OF SAID SECTION 7; SU~ECT TO ~D TOGETHER WITH AN
EAS~ENT FOR INGRESS, EGRESS AND ~ILITIES AS RECORDED
UNDER AUDI~R'S FILE NO. 9103180036.
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BR£M£RTON CITY OF AGMT $11.OO Kitsap Co, WA