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HomeMy WebLinkAbout6438 HOLLAND ROAD NW OUTSIDE UTIL1TIFF~ 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 WlIEREAS the City of Bremerton has a primary obligation to its citizens to allocate limited service resources for adequate growth and development within tile City; and WIIEREAS tile undersigned, as owner ora parcel outside the City of Bremerton, has made application for city utilities; NOW,TI1EREFORE, tile nndersigned owner (hereinafter "Owner")of real property located at 6438 HOI.I,AWI~ ROln ~ ., Kitsap County, Washington, (hemina~er 'Property'), legally described as: · ~ ~, ~ITOR and thc City o~ Brenmrton (hereinafter "City"), in consideration oF thu mutual covenants set forth heroin inc{uding thc flmfishing of utilities services b~t{~e City of Bremcrton, do hereby promise aud agree as fo{{ows: 1. So.ices Provided. City of Bmmcrton sha{l provide utility se~iccs consistent with sc~}cc areas defined by thc City comprehensive utiliiy p{ans as, amended, and terms and conditions of a current Letter of Avai{abi{ily from thc Brcmcrton Utifitics Department. 2. Rates and Charges. Owner shah pay when due all connection charges, asscssmcnls, and rates cstab{}shcd for city utilit}cs services by City ordinance for l{~u 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 35.13.177and any adopted subdivision and street standards of the City o[ Bremerton. ~: CHI~ OUTSIDE UTIL1TI~ AGREEMENT -I'- EL (CORPORATE/PARTNERSHIP) 4. Utility hnprove~nents. HATER SERVICE TO A SINGLE FANILY RESIDENCE 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 Bremerton. The annexation petition snpported by this Power may include proportimml assumption of the City indebtedness by the area to be annexed. The petition shall require the concurrent adoption of land uses designaled 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 rises 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 slmll 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 Connty 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): DATED: ~ ~G ~ BY: ' DON~D ~C~TA, VICE PRESIDE~ ERICKSON CUSTOH HONES, INC. P.O. BOX 29~ BY: SILVERD~E, WA. 98383 OUTSIDE UTILITIES AGREEMENT -2- (CORPORATE/PARTNERSHIP) STATE OF WASHINGTON ) : 55. COUNTY OF KITSAP ) On this day personally appeared before me Dona2d rachata, V./ce Pres. , and N/A , Of Erickson Custom Homes, Inc. , the cor~ratioukp~ described in aud that executed tile within and foregoing instrument, and acknowledged said instrument lo be the free aud voluntary act and deed of said corporationX~gg~x for the uses and purposes therein mentioned, and on oath stated that he~ was~g authorized to execute said instrument on behalf of said corporation~px GIVEN under my hand and official seal this 25~h day of auquse , 19 ~4 ~{-~?~7~ ~t My appoimment expires: ~ % ~UBLtC ~ ~WA~X~ CITY OF BREMERTON LY~ HORTON, Mayor Alq'EST: KATHLEEN McC~USKEY, City Clerk APPROVED AS TO FORM: DEPARTMENTAL · A~PROVAL: -- S~VERS, City Attoruey EDDY CHU, Di~{ector~of Public Works & Utilities OUTSIDE UTILITIES AGREEMENT -3- (CORPORATE/PARTNERSHIP) Ulilily3,Agl - Agreemen~ Forms - Revised 8/18/92 STATE OF WASHINGTON ) : SS. COUNTY OF K1TSAP ) On this day personally appeared before me Lynn Horton, Bremerlon City Mayor, and Kathleen L. McCluskey, Bremerton City Clerk, of tile City of Bremerton, the municipal corporation described in and that execnted tile within and foregoing instrument, and acknowledged said instrnment to be the free and vohmtary act aud deed of said co¢oration, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said iustrument on behalf of said corporatio.. GIVEN under my hand and official seal this ~ day of 19q~ '~'."~"'~*' ";~ N~tary b~lic~a,~d ~r 'tl~e Statff df Washington, .~ :,';: ~= residing at: ~.~&&~ '~C ~';~ ':-. g My appointment expires: .~-/~- OUTSIDE UTILITIES AGREEMENT -4- (CORPORATE/PARTNERSHIP) Ulillty3 Agl - Agreemcnl Forms - Revised 8/18/92 i! E X }~ I B I T "A" SECTION 27, TOWNSHIP 25 N., RANGE 1 E. ; WILLAMETTE MERIDIAN ~ TAX ASSESSOR'S NUMBER 4450-000-016-0504 ~ LEGAL DESCRIPTION  Lot D, Short Plat No. 6577 as recorded in Volume 10, Page 228 of · Short Plats Auditors File Numbers 9405180021/0022 being a portion [[~ of Tract 16 Manford Rericks 5 Acre Garden Tracts, recorded in Volume 3 of Plats, Page 106, Kitsap County, Wa. ~ except the east 337 feet thereof; ~ and except the south 30' for road; together with easements as depicted on short plat. ~ 30-~.34' N 88'40'i W 61Z. J~ 1~ in ! 180.00 727.34 307.00 DW ~ I¢ 0.44 Ac Lot A ~ 0.62 Ac 27' ~ Lot D Lo~ C | '0.53 0.53 Ac z ~ Acce~-~ & Utilities Ease. 153.72 ~ 307.00 , ~ ~ '307. q-5 644 45 ~ SE COR SEC 27, T25N, R1E. W.M. FI) INCASFD MON (WA DOT) 1/11/94