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HomeMy WebLinkAbout500 DAVID DRIVE , KTTqA? COLNTY $1~00 ..... CHCK ~ F!LED-BY~ 8~EHERTON CYT~' !)F OUTSIDE UTILiTIES AGREEMENT WIIEREAS the Bremerton Municipal Code requires property outside the city boundaries to support annexation to the City of Bremerton as a condition for receiving City utilities (BMC 15.02.040 and 15.03.040); and WHEREAS the City of Bremerton has a primary obligation to its citizens to allocate limited service resources for adequate growth and developmeat within the City; and WttEREAS the nndersigned, as owner of a parcel outside the City of Bremerton, has made application For city utilities; NOW,TItEREFORE, the undersigned owner (hereinafter "Owner"icl real property located at ., Kitsap County, Washington, (hereinafter '?roperty'~, legally described as: KA~N FLY~ AUDITOR ~ ~/~ "~ " ~~ CLE~: CHIP~ A. F. and tho City oF Brome~tou (hcrehmflor "City"), h~ consideration o[ the mutual covenants set Forth herein inc]udinB the h~rnishinB oF utilities so.ices by the City of Breme[ton, do hereby promise aud agree as Follows: 1. Se~ices Provided. City of Bremertou shall provide utility se~ices consistent with service areas defined by the City comprehensive utility plans as amended, and terms and conditions of a current Letter of Availability from the Bremerton Utilities Department. 2. Rates and Cbarges. Owner shall pay when due all connection charges, assessments, and rates established for city utilities services by City ordinance for the Owner's USer class. 3. Use. Developmeut of the property described above shall comply with the uses aud development standards of City of Bremerton comprehensive land use plan adopted pursuant to RCW 35.13.177and any adopted subdivision and street standards of the City of Bremerton. (iN~IV]DUAL) 4. Utility Improvements. .SO.ce_.. ,.~-E~.Vtc_.E '770 ~. ~//./d~t.~ ,~-~tt.,~' ~.~$tx:a~cE' 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 tile 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 pnrsuant 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 nndersigned 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 pnrchaser or transferee. OWNER(S): ~oO D~V ID ~glV~ (~) OUTSIDE UTILITIES AGREEMENT -2- (INDIVIDUAL) STATE OF WASHINGTON ) : SS. COUNTY OF KITSAP ) On this day, before me, the undersigned, a Notary Public in and for the State of Washington, personally appeared George A. Wallach ,to me known to be the individual(a) described in and who executed the within and foregoing instrument, and acknowledged that hekg0~.J~)p,~ signed the same as his~n~r~ free and voluntary act and deed, for the uses and purposes therein mentioned. · GIVEN under my hand and official seal this 13th day of Jul.7 t9 94 r/ (>/nd rot Nora Public in the State of Washington, residing at: Port orchard, WA My appointment expires: August 15, 1994 CITY OF BREMERTON LY~N HORTON, Mayor ATTEST: KATHLEEN McCLU~KEY, CityClerk ~-L'~t~~I APPRO~S TO FORM: DEPARTMEN~P ROVAL: ' EDDY~CH, eDireletor o IAN R: SIEVERS, City Attorney f Public Works & Utilities OUTSIDE UTILITIES AGREEMENT -3- (INDIVIDUAL) Ulility2.Agl - Agreement Forms - Revised 8118192 STATE OF WASHINGTON ) ~ SS. COUNTY OF KITSAP ) On this day personally appeared before me Lynn Horton, Bremerton City Mayor, and Kathleen L. McCluskey, Bremerton City Clerk, of the City of Bremerton, the municipal corporation described in and that executed the within and foregoing instrument, fu~d 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. GIVEN under my hand and official seal thiso?7~/~.~ day of 19~.~, ........, . · :...> ..-. % ;,,o..: Notary l~blic..~ ~nd ~*'or the Stat~ of Washington, '~J'. ~ '~'~.,~"'%' ~ ~'~'=. residing at: ~7~.,,~ ~ "'-~-°.:': My appointment expires: ,,:5---/,5-- OUTSIDE UTILITIES AGREEMENT -4- (INDIVIDUAL) Utilily2.Agl - Agreement Forms - Revised 8/18/91 F. 94.!. 1080067 EXHIBIT "A# SECTION 2, TOWNSHIP 24 N., RANGE 1 E. ; WILLAMETTE MERIDIAN TAX ASSESSOR'S NUMBER 022401-1-017-2004 LEGAL DESCRIPTION That portion of the Northwest quarter of the Northeast quarter as conveyed by Auditor No. 1033572 desribed as follows: beginning at a point S 2° 01' 10" W 535.33 feet from the North Quarter Corner of the section; thence S 89° 45' 07" E 30.01 feet to the east margin of Pine Road; thence S 2° 01' 10" W along said margin 141.50 feet to the true point of beginning; thence continuing S 2° 01' 10" W 89.83 feet; thence S 89° 45' 07" E 150 feet; thence N 2° 01' 10" E 107.16 feet to the south line of Roy A. Andeson Tract described per Auditor No. 650991; thence S 83° 40' 43" E 151.53 feet along south line of said tract to the true point of beginning.