HomeMy WebLinkAbout3244 TRACYTON BEACH RD Page: 1 of ~
01 ?~07~$0012: 85P
Filed for Record at Request off BR£I~£RT0~ CITY OF ~¢~l'f $t2.$$ Kit~*p Co, ~1~
When Recorded Return to:
Name: City Clerk
Address: 239 Fourth Street
Bremerton, WA 98337
Document Title: Outside Utilities Agreement (Individual)
Project Name: Single Family Residence
Developer Name: Estate of Van Burton Carter, Jr. (William Carter, Executor)
Location: 3244 Tracyton Beach Road
Tax Parcel # 03240 I-4-013-2001
Abbreviated Legal Section 03, Township 24 N, Range 1 E, W.M., Kitsap County, WA;
Description: Portion of Government Lot 4 and Tidelands Fronting
OUTSIDE UTILITIES AGREEMENT
VOIEREAS 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
WI-IEREAS 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;
ROW, TI-IZREFORE, the undersigned owner (hereinafter "Owner") of real properly located at 3244
Tracyton Beach Road, Kitsap County, Washington, (hereinafter "Property"), legally described as:
SEE ATTACI--I~D EXHIBIT "A"
and the City of Bremerton (hareinat'~er "City"), in consideration of the mutual covenants set forth herein including
the furnishing of utility 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 fi.om
the Bmmerton Utilities Department.
2. Rates and Charges. Owner shall pay when due all connection charges, assessments, and rates
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 Bremerton.
Page 1 of 5
4. Utility Imnrovemcnts.
Sewer service for a single family residence.
5. Annexation. Owner, by signing below, grants to thc 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 fiinge 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 mediate termination of utility services to the
above-described property as well as other remedies provided by law.
7. CovertureS. 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(S): (~~
William Carter, Executor of Van Burton Carter, Jr. Estate
STATE OF WASHINGTON )
COUNTY OF KITSAP )
On this day, before me, the undersigned, a Notary Pubhc in and for the State of Washington, personally
appeared William Carter, to me known to be the individnal(s) described in and who executed the within and foregoing
instrument, and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the
uses and purposes therein mentioned.
GIVEN under my hand and official seal this ~'~y of ~7~ ,19 fT.
residing at: '~,~r~ t2~7~:~1 ~/~
BR£N£RTON CITY OF AGNT $12,80 Kitsap Co, WA
CITY OF BRE1VEERTON
LYNN ~ HORTON, Mayor
MUNICIPAL SERVICES REVIEW
~ItlL B~[RY, D~ector Eco~ Community Development
APPROVED AS TO FOR~:
GLEI~qN~ MALANC~, Bremcrton City Attorney
RECEIVED FOR FILI]'qG:
I~A~I-ILEEN L. MCCLUSKEY, ~City Clerk
P~e: 3 of 5
81/88/288812: 85P
BREMERTON CITY OF FIGilT $18.88 Kitsap Co, WA
[]/oum_ind.doc
Page 3 of 4
EXHIBIT "A"
A PORTION OF SECTION 03, TOVv'NSH]I:) 24 N., R,adN'GE 1 E.; WILLAMETTE
T.~X ASSESSOR'S NUMBER 032401-4-013-2001
LEGPd~ DESCR. IPTION
TH PTN GOVT LOT 4 & TDL. DS FRTG DAF, BAAP ON FlEA LN 40OFT S
OF N LN OF GOVT LOT 4 TH E 50OFT TH S 231.00FT TH bi TO FlEA
LN TH NLY ALG FlEA LN TO POB EXC CO RD EXC PTN LY NLY OF FDL,
BAT NE COR OF ABV DESC PRTY TH N 87,66FT TH S 31FT TH H TO
FlEA LN & TERFl SD LN
Page 4 of 4
CITY 0F AG~T
IN THE SUPERIOR COURT Of THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF KITSAP
IN THE MA'CrER OF THE ESTATE OF
98 '005 8 7
VAN B. CARTER, JR. No. .
LE'FTERS TESTAMENTARY
STATE OF WASHINGTON ) (CA) (LTRTS)
) t
--~ ~ m S thelastwillof VAN B. CARTER~ JR. ,deceased was, onthe ~(;~ ay
o~A.D., 19 9 8 , duly exhibited, proven, add recorded in our said superior court; and whereas, il appears
do hereby authodze the said W.B. CARTER & C.A.Z~ARSEN~executesaidwillaccordingtolaw.
WITNESS my hand aTd seal of smd Cou,t this (2"'~b_(~_ day of ~, A.D. /~q~
STATE OF WASHINGTON ) [ ~
',
SUBSCRIBED and ~rn to (or affirmed) befor~ me on this
and for the State of Washington, residing in
Count. My commission expires I O-/C-
STATE OF WASHINGTON )
) CERTIFICATE
COUNTY OF KITSAP )
I, D~N C. LOGAN, Clerk of the Supedor Coud of sam Coun~ and State do hereby cedi~ that ~e above, nd foregoing
~ a tr~ correct copy of Letters Testamentaw i~ the above-entitled case and were on the~day of~,
A.D.)q~ duly entered of record; and I fudher certify said Letters are still in full force and effect an~ have no~oked.
~TESIIMONY WMEREOF, I hav~r~nlo set my hand and affixed the seal of said Superior Coud, this
dayof ,A.O%t-'~-% (3 ·
DEAN C. LOGAN Clerk of the Superior CouK
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81/88/888818: 85P
BR~MERTON CITY OF AGMT $1888 Kitsa~ Co, WA