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HomeMy WebLinkAbout3351 APPALOOSA WAY NEFiled for Record at Request of: P~e: 1 of 4 When Recorded Return to: 11 ?1~/155503: 37P BR£MrRTOH CITY OF AGMT $11.88 Kit~p Co, JlA Name: City Clerk Address: 239 Fourth Street Bremerton, WA 98337 Document Title: Outside Utilities Agreement Project Name: Utility Service for a duplex Developer Name: Bergstrom, Richard and Margaret Location: 3351 Appaloosa Way NE Tax Parcel # 022401-3-144-2006 Abbreviated Legal Section 02, Township 24 N, Range 1 E; Description: OUTSIDE UTILITIES 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 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 application for city utilities; Sewer and Water Service for a duplex. NOW, THEREFORE, the undersigned owner (hereinafter "Owner") of real property located at 3351 Appaloosa Way NE Bremerton,, Kitsap County, Washington, (hereinafi'er "Property"), legally described as: SEE EXHIBIT "A" furnishing of utility services by the City of Bremarton, 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 fi'om the Bremerton Utilities DeparUnent. 2. Rates and Charees. Owner shall pay when due all connection charges, assessments, and rotes established for city utility services by City ordinance for the Owner's user class. 3. Us~e. 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 Bmmertun. 4. Utility Improvements. Water and Sewer service for a duplex. 5. Annexation. Owner, by signing below, grants to the City of Bremerton a Limited Power of Attorney to include this Agreement as Owners consent to the 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 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. This Power of Attorney is nonrevocable. 6. Enforcement. Violation of this Agreement may result in the immediate termination 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 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. DATED: fla/''tO 7/'~ ~ BY: Margare(/C. Bergstrom ' STATE OF WASHINGTON ) COUNTY OF KITSAP ) On thia day, before me, the undea'si~ned, a Nota~ Public in and for the State of Waahingtm, p~so~ally appe~ed~:b"~ AaaI ,-a-/r _~. , to me ~a~ea~ra to be ~ iadividu,q(s) described in md who executed the wghie md fo~goleg ias~umem, and acknowle~xl th~ he/she/they signed the same as his/her/their fxee and GIVENunder my hand and official seal this ~ 7 dayof ~7~,~',~ · 1998. : , [ ~:a~UBLIC ~ fi Uy~po~mentexpkes: ~//~/~D ll/19/t99803:37P BREMEgTON CITY OF A8BT $11.88 Kitsap Co, W8 CITY OF BREMERTON ~^~E~:,,/~-/,~.~ .¥: ~ ~. ~ / / LYI~I S. HORTON, Mayor MUNICIPAL SERVICES REVIEW TERRIE O NEILL, Mm~ip~ Scmces Coordmtor ~LElqNA ~/TLLANCA, Breme~n Ci~ At~mey RECEIVED FOR FILING: KATIJ~EEN I~. MCC~/USKEY, City Clerk t Page: 3 of 4 [] 3351 appa.doc 11 / 18/1 $8883: 37P BREMERTON CITY OF AGMT $11.08 Kitsap Co, EXHIBIT "A" A PORTION OF SECTION 02, TOWNSHIP 24 N., RANGE 1 E.; WILLAMETTE MERIDIAN TAX ASSESSOR'S NUMBER 022401-3-144-2006 LEGAL DESCRIPTION Lot C of Short Subdivision 7096, under Auditor's File Nos. 3046189 & 3046190, being a portion of the SW ¼ of the SW ¼ of Section 2, Township 24 North, Range 1 E, W.M., Kitsap County, Washington Pa~e= 4 ot 4 BREMERTOH CITY OF RGMT $1180 Ki[sap Co, ~R