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HomeMy WebLinkAbout1618 JACOBSEN BLVD 847~8/$8 BR~M~TON CITY OF AGMT $11.08 Ki%sap Co, WA When Recorded Return to: Name: City Clerk Address: 239 Fourth Street Bremerton, WA 98337 Document Title: Outside Ufflities Agreemem ~vidual) ~ Developer Name: Dr. Paul ard Jean McCullough Location: 1618 Jacobsen Boulevard Tax Parcel # 3949-000-009-0009 Abbreviated Legal A portion of Tract 9, Plat of McTeigh's Garden Tracts, according to plat Description: recorded in Volume 2 of Plats, Page 44, records of Kitsap County, Washinb, ton. Sec..18, Twp. 24 N, R.2 E; W.M. OUTSIDE UTILITIES AGREEMl~NT 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 Bremenon 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; NOW, TI-IEREFORE, the undersigned owner (hereinafter "Owner") of real prolx~rty located at 1618 Jacobsen Boulevard , Kitsap County, Washington, (hereina~er "Property"), legally described as: SEE EXl, lliilT "A" ATlrACglED and the City of Bremerton (hereinafter "City"), in consideration of the mutual covenants set forth herein indllding 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 so-vice areas defined by the City comprehensive utility plans as amended, and terms and conditions of a current Letter of Availability fi.om the Brc~aenon 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 proPem/_ described above shall comply with the uses and devdopment 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 Improvements. Water and sewer to a single family residence. 5. Annexation. Owner, bV signing be]ow, grants ~o the City of Bteme~ton a Lir~ted Power of,~torney to include th~s Agreement as Owner's consent ~o the annexation of the Property as part of any Notice o£Intent or Petition for ~nexation presented to the C~ty of Bremerton. The armex~tion petition support~ by tl~s Power may h~¢lude proporfionaJ asmmption of the City indebtedness by the area to be annexed. The petition shall requke the concurrent adoption of land ~ses des~grmted ~n any ut~oan fringe comprehensive plan approved for the annexation area pursuant to RCW ~5~1~.177, or ~'none has been adopted, the land ~ses for annexed property as set forth in the Bremerton Zoning Code as amended. Th~s Power of Attorney is no,revocable. ~. Enforcement. Violation of tl~s Agreement may result in the hnmecfia~ termh~fion of nfilifies settees to the above-deseril~J prol:~W as we~l as other remedies provided by l~w. 7. Covenants. The unde~s~gnad fx~dier agrees that tl~s ~'eement and the promise made herein consth~te a covenant mrming with the 1ar~ and shall be binding upon the undersigned and l~s heks, mccessors, a~ ass~s, and that tl~s ^~eement shaJl ~ filed for record in the oEfice of the --r ..... . ............... ...................... colxlifinn~=~Lon sxc, c~lion tllad fiiin of a du iicate co ¥ of this outside ulilit ",~c~ b p p y o,~ y~:~, _ - . OWNER,S): ~ ~ BY: Pacje= ~ 0£ 4 STATE OF WASHINGTON ) COUNTY OF KITSAP ) On ~ day, befoge.~ me, tlje ul~xsi~ a ~ Public in and fo~ the Slate of Washington, !~ersonall~ individual(s) described in and who executext the within and foregoing instmmem, and ~ledged that'h~/she/flley G1VEN under my hand and official seal this ~/..-- dayof /'~-~ ~ 19'/t~. - ~ ~ ~,,,.. ' CITY OF BREMERTON L~ HORTON, Mayor DEPAR~VAL: W. EUGENETS~ of Public Woflts and Utilflies STATE OF WASHINGTON ) COUNTY OF KITSAP ) On this day pe~nally apptat~d I~fore me Lynn Horton, Bremerton City Mayor, the raumCil~ corporation descrilx~ in and that execut~ the within and foregoing h-mxmn~t, and acknowledged said insmunem to be ~ ~ ~ volurdaxy act and ~_aeed_ _ of said corporation, for the uses and lXrpo~ therein mentioned, and on oath stated that they were autho[ized to ex,me said insmnnent on behalf of said corporation. My appointmmt expires: ~-/b~ - ~t~ RECI~IVEI) FORF1LING: KATHLEEN L. MCCLUSKEY, City Clerk file: jacoboua.doc 84/~8/98 8RE~q~TON-~ITY ~ 88~T $11.88 Kit$~p Co~ ~ EXHIBIT "A" A PORTION OF SECTION 12, TOWNSHIP 24 N., RANGE 2 E.; WIT.I,AMETTE MERIDIAN TAX ASSESSOR'S NTjMBEK 3949-000-0094)009 LEGAL DESCRIPTION PARCEL I: THAT PORTION OF TRACT 9, PLAT OF MCTEIGH'S GARDEN TRACTS, ACCORDING TO PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 44R, RECORDS OF KITSAP COUNTY, WASHINGTON, LYING EASTERLY OF JACOBSEN BOULEVARD AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 18, TOWNSHIP 24 NORTH, RANGE 2 EAST, W.M., IN KITSAP COUNTY, WASHINGTON; THENCE SOUTH 1'26'40" WEST ALONG THE WEST LINE OF SAID SECTION 18 FOR A DISTANCE OF 1224.65 FEET TO THE SOUTHWEST CORNER OF SAID TRACT 9; THENCE SOUTH 89*02'42" EAST 949.79 FEET TO THE EASTERLY MARGIN OF JACOBSEN BOULEVARD; THENCE NORTH 19'11'18" EAST ALONG THE EASTERLY MARGIN OF JACOBSEN BOULEVARD 141.50 FEET TO THE NORTH LINE OF SAID TRACT 9 AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 19'11'18" WEST ALONG SAID EASTERLY MARGIN 58.86 FEET; THENCE SOUTH 86'19'03" EAST 132.58 FEET TO A POINT CA?.T.ED "A" FOR THE PURPOSES OF THIS DESCRIPTION; THENCE SOUTH 3*40'57" WEST 15.00 FEET; THENCE SOUTH 78'22'16" EAST 194.0 FEET, MORE OR LESS, TO THE SHORELINE OF PUGET SOUND; THENCE NORTH 27*49' EAST 126.77 FEET, MORE OR LESS, TO A POINT ON THE NORTH LINE OF SAID TRACT 9 WHICH BEARS SOUTH 89*02'42" EAST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 89*02'42" WEST 361.0 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING; TOGETHER WITH SECOND CLASS TIDELANDS AS CONVEYED BY THE STATE OF WASHINGTON, SITUATE IN FRONT OF, ADJACENT TO AND ABUTTING THEREON. PARCEL II: AN EASEMENT FOR INGRESS AND EGRESS OVER THE FOLLOWING DESCRIBED TRACT: BEGINNING AT THE ABOVE MENTIONED POINT "A"; THENCE NORTH 86'19'03" WEST 32.58 FEET; THENCE SOUTH 61'35'42" EAST 35.87 FEET; THENCE NORTH 3*40'57" EAST 15.00 FEET TO THE POINT OF BEGINNING. ,// 64126158 BRO'~RTON CITY OF R6~ $11.06