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HomeMy WebLinkAbout3840 HARBEL DR NE · ~ AUDITORS NOTE LEGIBILITY FOR RECORDING AND COPYING UNSATISFACTORY IN k PORTION OF THIS OUTSIDE UTILITIES AGREEMENT INSTRUMENT WHEN RECEIVED. 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 3~o ~4A ~,,~_ , Kitsap County, Washington, (hereinat~er "Property'), KIT~ COUNTY legally described as: FILED-BY: BIE~ERTON CITY OF CLERk: HILLER and the City of Bremerton (hereinafter "City"), in consideration of the mutual covenants set forth herein including the furnishing of utiliti~l~ sei3~ice~_b,,y the_Ci~ofl)r_en:l~rton_, do hereby promise and agree as follows: I~ [~,~]1 FR 'm~:l~7 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 c~ass. 3. Use. Development of the property described above shall comply with the uses and development standards of City of ))remerton comprehensive land use plan adopted pursuant to RCW 35.13.177and any adopted subdivision and street standards of the City of Bremerton. OUTSIDE UTILITIES AGREEMENT -1- (INDIVIDUAL) Ulility2.Agt - Agreemcnl Forms - Revised 8/18192 4. Utility Improvements. 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 ntilities 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(S): COO~ OUTSIDE UTILITI~ 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 Riak L. Courson ., to me known to be the individual(Z) described in and who executed the within and foregoing instrument, and acknowledged that he/~XlloM signed the same as his~l~ free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this ~?th day of ~'ay , .' ~ '.. Nota~ Public i~/and for the State of Washington, . ' residing at: Port Orchard. WA 98310 '~ My appointment expires: August 15:1994 : , ..... !.... C1TY OF BREMERTON DATED: ? -d_- ~,'~: BY: ~ J~ ~ LYI~ HORTON, Mayor &WIfEST: ~, , KA~I~L~E~'N~ M'~Mc~S~EY, City Clerk APPROVED AS TO FORM: DEPARTMENTAL ~PPROVAL: ~ Y~ectot' of P 1AN R. SIEVERS, City Attorney EDD ublic Works & Utilities OUTSIDE UTILITIES AGREEMENT -3- (INDIVIDUAL) Olili~y2.Ag~ - Agreement Forms - Revised 8/18/92 STATE OF WASHINGTON ) : SS. COUNTY OF KITSAP ) On this day personally appeared before me Lynn Horton, Bremerton City Mayor, and Kathleen L. McCluskey, Bmmerton City Clerk, of the City of Bremerton, 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. GIVEN under my hand and official seal thiso~_~ day of 19~.~: "*" *' : ': N~tary bt~li~/d f~Sr~ th~ Stater/of Washington, ! ~ .,-... '-: : , residing at: ~:. t'unC~c '"i :. ~ My appointment expires: ~5--l_ff- ~'.~ OUTSIDE UTILITIES AGREEMENT -4- (INDIVIDUAL) Utilily2.Agl - Agreement Forms - Revised 8/18/92 A PORTION OF SECTION 1, TOWNSHIP 24 N., RANGE 1 E. ; WILLAMETTE MERIDIAN TAX ASSESSOR'S NUMBER 012401-2-170-2006 LEGAL DESCRIP O <LOT 2 OF SHORT PLAT NO. 2587 RECORDED UNDER AUDITOR'S NO. 8008130072) THAT PORTION OF THE SOUTHEAST (~UARTER OF THE SOUTHEAST QUARTER OF THE NOSTHW~T QUArTeR 8ECTI~N TO~HIP 24 NORTH, ~ANG~' I EAST, W.M., KITSAP COUNTY~ WASHINGTON DESCRIBED AS FOLLOW~ BESiNNING AT THE WEST QUA~T~ ~O~NE~ ~ SAID ~CTION 1~ TH~NC~ 2678.89 ~E~T TO THE CENTER OF SAID $~CTION 1~ THENCE N2*52'OT"E a7~.48 ~EET TO THE NO~TH~A~T C~NER O~ ~AID SOUTHEAST QUARTER OF THE ~OUTH~AST QUARTER OF THE QUOTER SECTION 1~ THENCE 82-~2'07"W 152 ~EE~ THENCE N88-~1'~2"~ 151.50 F~T~ THENC~ S2*5~'SS"W 152 ~EET TO THE T~UE POINT OF BEGINNING; 'r~NCE N88*Ji'22-W i~. 17 FEET~ THENCE S2.~7'05 "W ~ FEET; 'THENCE N88a51'~2"W 1~2.98 FEET THENCE NI*~8'lg"W 52.08 FEET~ THENCE N2*4~'O~"E 2~ FEETI THENCE S88-~1'22"E 1~1.~8 FEET~ THENCE ~2-=~'~8"W 2~ FEET AUDITORS NOTE LEGIBILITY FOR RECORDING AND COPYING UNSATISFACTORY IN A PORTION OF THIS OUTSIDE UTILITIES AGREEMENT INSTRUMENT WHEN R£CE~VED. 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 .~,~;f-~ /dAa'C~L ~. ., Kitsap County, Was~nl~,~after "Property'), ~11. O0 CliCK legally described as: FILEI)qtY: B~ltTOfl CITY OF KAREN FLYI~I~ A~ITOR ~'~JO22z~2 and the City of Bremerton (hereinafter "City"), in consideration of the mutual covenants set forth herein including the furnishing of utilitieai se~vice, j~l,y hereby promise and agree as fo.ows: 1. Services Provided. City of Bremerton shall provide utility services consistent with service areas defined by the City comprehensive ntility 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 ail connection charges, assessments, and rates established for city utilities services by City ordinance for the Owner's user c]ass. 3. Use. Development of the property described above shall comply with the uses and development standards of City of Bremerton comprehensive ]and use plan adopted pursuant to RCW 35.13.177and any adopted subdivision and street standards of the City of Bremerton. OUTSIDE UTILITIES AGREEMENT -I- (INDIVIDUAL) Ulility2.Agl - Agreement Forms - Revised 8/18/92 4. Utility Improvements. 5. Annexation. Owner, by signing below, grants to the City ofBremerton 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 A. F. I: --JO22 ak2 Bremerton. ~ ~ FR 164,3 The annexation petition snpported 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 ntilities 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(S): OUTSIDE UTILITI~ AGREEMENT -2- (INDIVIDUAL) Ulilily2.Agt - Ag~ement Fo~s - Revised 8/18/92 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 ;~ick L. Coza,~on , Io me known to be the individual{~a~/ described in and who execute~ the within and foregoing instrument, and acknowledged that he/~ signed the same as hi~X free and voluntary act and deeg, for the uses and purposes therein memioneg. GIVEN under my hand and official seal this ~?~h day of ~ , ~, '.'d % '.~ Notar~ Public in~and for the State of Washington, .... ·" residing at: Port Orchard, WA 98366 ~,.. . My appointment expires: A.?.qt 75. 1994 '',~ ~,,. CiTY OF BREMERTON LYNN HORTON, Mayor ATTEST: KATHLEEN McCLUSKE~, City Clerk lAN R. SIEVERS, City Attorney EDDY C~HU Direc~r of 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, and acknowledged said instrument to he 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 execnte said instrnment on behalf of said corporation. GIVEN under my hand and official seal this~ day of 19~ :c' .' ~ .~T,~, ~ : ~t:rx ~1 ~d ~ the Stat~r ~sshin~ten. : -. ..... ~. ? residing at: ~. ~'... ~c ."~> ' My appointment expires: OUTSIDE UTILITIES AGREEMENT -4- (INDIVIDUAL) Ulilhy2.Agl - Agreement Forms - Revised R/IR/92 A PORTION OF SECTION 1, TOWNSHIP 24 N., RANGE 1 E. ; WILLAMETTE MERIDIAN TAX ASSESSOR'S NUMBER 012401-2-171-2005 (LOT ~ OF SHORT PLAT NO 2~87 RECORDED UNDER AUDITOR'S FILE NO. 80081~007~) THAT PORTION 0~ THE SOUTHEAST QUARTER THE SOUTHEAST QUARTER, ~]F THE NORTHWEST QUARTER SECTION TOWNSHIP 24 N(]RTH, RANGE 1 EAST, W.M., KITGAP COUNTY, t~SHINGTON,' DESCRIBED A~ POLLQWS: BEGINNIN~ AT THE WEST QUARTE~ CO~N~R O~ GAID SECTION i~ T~NCE S88-54' 14"E 2678.'89 ~EET TO THE C~NTE~ O~ SAID SECTION 1] THENCE N2*52'OT"E ~7~.48 FEET TO THE NORTHEAST CORNER OF SAID ~OUTHEA~T QUARTER, QF THE ~QUTHEAST QUARTER OF T~ NORTHWEST QUARTER ~ECTIQN i~ THENCE ~2.~2'07"W i~2 THENCE N88'5i '22"W i51.~0 FEET~ THENCE S2~Sa'SB"W 32 FEET TO THE TRUE POINT OF BEGINNING~ THENCE CONTINUING 82'56'58"W 7~ FEETI TWENCE N88*=l'22"W 1~1.68 FEET~ THENCE N2*42'O~"E 75 FEET] THENCE S88.51'22"E 151.56 FEET TO THE TRUE POINT OF BEGINNING. 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