HomeMy WebLinkAbout3834 HARBEL DRIVE P,ge: i of 5
Filed for Record at Request off 01A'O?~OSO l,~:oSP
BR£r~ERTON CITY OF flGMT $1~.08 Kitsap Co, gfl
~en Recorded Re~ to:
Nme: CiW Clerk
Ad.ess: 239 Fo~ S~eet
Bmme~on, WA 98337
Document Title: Outside Utilities Agreement (Corpomte/Parmership)
Project Name:
Developer Name: Hal Fer~usson
Location: 3834 Harbel Drive
Tax Parcel # 012401-2-169-2009
Abbreviated Legal Lot 1 of Short Plat No. 2387 Recorded under A.F N. 8008130072 SE ¼ of
Description: the SE ¼ of the NW ¼ Section 1, Township 24 N., Range 1 E., W.M.
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;
NOW, THEREFORE, the undersigned owner (hereinafter "Owner") of real property
located at 3834 Harbel Drive Bremerton, Kitsap County, Washington, (hereinafter "Property"),
legally described as:
SEE EXHIBIT A
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
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.
Single Family Resident - Sewer Service
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 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
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.
OWNER(~): ~
BY: ~'~
Hal-~rrgusson Seceratary
STATE OF WASHINGTON )
: SS.
COUNTY OF KITSAP )
On this day p~rsonally appeared before me
, of (.~n~,~(~ f'flu ~Elc~V, the corporation\partnership described in and that
executed the within and foregoing instrument, and acknowledged said instrument to be the free and
voluntary act and deed of said corporation\partnership, for the uses and purposes therein mentioned,
and on oath stated that be\she\they was\were authorized to execute said instrument on behalf of said
corporation\partnership.
GIVEN under my hand and official seal this/~ day of~, 197_~
~,~j X-...l~..E_4/,t~-'~x,~:o ---~-,.-._',vt x~ Notary Public inand for the State of
~t ~ x" ~ ,~. ~ ~ My appointment expires:
CITY OF BREMERTON
STATE OF WASHINGTON )
: SS.
COUNTY OF KITSAP )
On this day personally appeared before me Lynn Horton, Bremerton City Mayor, the municipal corporation
described in and that executed the within and foregoing instrument, and acknowledged said instrument to be the free and
voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they
were authorized to execute said instrument on behalf of said corporation.
my hand and official seal this ~ day of~m~L~g__,
GIVEN
under
/.~s'~g_~,~ No~y Pul~licz~ for the State of I~ashington,
~,r ~-].~· -~,~..'_,~x~ residing at:
My appointment expires:
DATED:,-'-O0 v BY: ~ ~
L $. HORTON, Mayor
DwE. PEAUR~E~sTff~ALAMPLE DYer of Public Works and Utilities
~P_~;/~ AS TO FO~: ff
Glenffa Mair -' '~ ' "-:anca, Bremerton City Attorney
RECEIVED FOR FILING:
KATHLEEN L. MCCLUSKEY, City ~lerk
Page: 4 o£ 5
O172~,/~00012: O8P
BREMERTOH CITY OF AGMT $1E.OO Kitsap Co, b18
4
EX/qTRIT "A'
A PORTION OF SECTION 01, TOWNSHIP 24 N., RANGE ! E.; WILLAMETTE MERIDIAN
TAX ASSESSOR'S NUMBER 012401-2-169-2009
LEGAL DESCRIt~TION
(LOT 1 OF SHORT PLAT NO. 2387 RECORDED UNDER AUDITOR'S FILE
NO. 8008130072) THAT PORTION OF THE SOUTHEAST QUARTER OF
THE SOUTHEAST QUARTER OF THE NORTHNEST QUARTER SECTION 1,
TONNSHIP 24 NORTH, RANGE 1 EAST, N.M., KITSAP COUNTY,
NASH[NGTON DESCRIBED AS FOLLONS: BEGINNING AT THE NEST
QUARTER CORNER OF SAID SECTION 1; THENCE S88'34'14"E
2678.89 FEET TO THE CENTER OF SAID SECTION 1; THENCE
N2*32'OT"E 676.48 FEET TO THE NORTHEAST CORNER OF SAID
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF NORTHNEST
QUARTER SECT[ON 1, THENCE S2'32'07"W 396 FEET; THENCE
-N88*31'22"N 167.02 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING N88*31'22"N 127.01 FEET; THENCE
N1*38'19"N 80.10 FEET; THENCE S88'31'22"E 132.98 FEET;
THENCE S2'37'05"N 80 FEET TO THE TRUE POINT OF BEGINNING.
N
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81,,'88/288818:88P
BREMERTON CITY OF AGMT $18.88 Kitsap Co, WA