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HomeMy WebLinkAbout2522 NORTHLAKE WAY NW 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 ora parcel outside the City of Bremerton, has made application for city utilities; NOW, THEREFORE, the undersigned owner (hereinafter "Owner")of real property , Kitsap County, Washington, (hereinaRer "Property'l, legally described as: ' COUNTY Sll, O0KITSA? CHCK FILED-BY: B~E~RTON CITY OF KAREN FLYNN . AUDITOR CLERK: CHIPPS and the City of Brcmerton (hereinafter "City"), in consideratioi1 of the mutual covenants set foDh herein iDcIuding tho ftIrDishiDg Of utilities sel~/ices by the City of Bremerton, do hereby promise and agree as follows: 1. SeI~ices Provided. City of Bremerton 'shah provide utility services consistent with se)vice areas defined by the City comprehensive utility p~aDs as amended, add terms ~uld COnditions of a curleD[ ~tteF 0~' Avai)ability fFo[n {he BremertoD UtiIities Department. 2. Rates add Char_~es. OWDOF shah pay when due all conduction charges, assessmeDts~ add rates established for city utilities services by City O~DBDCO ~OF (ho USOF C)SSS. ~. US~. DeveIopmen{ oF the D~ope~t7 d~scFibed ~bove shalI comply ~ith the uses ~nd dovo~opmon{ standards O[ City oF BFOmeF(OD COmpFehensivo )aDd uSO Dian adopted DU~SUBD( tO RC~ ]5.I].I??aDd an~ Bdop{ed subdivision ~nd street st~ds o~ tho C~7 o~ BFemo~(on. REEL_ 0819 FR (INDIVIDUAL) 4. Utility ImDrovements. WATER SERVICE TO A SINGLE FAMILY RESIDENCE 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(S): JOHN & DORIS CHILDERS 2522 NOR'I'H~.AKE WAY N~ BR~MI~RTON, WA. 98312 ~- CHI/LDERS (S~) OUTSIDE UTILITIES AGREEMENT -2- (INDIVIDUAL) Ulilily2.Agt - Agreement Forms - Revised 8118192 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 .3"om, l g. 4 ~)b~tlS, L. CfllCl>~, , to me known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that he/sh~)signed the same as his/her~free and voluntary act and de.*xl, for the uses and purposes therein mentioned. 190~~. GIVEN under my hand and official seal this o~~'t~' day of '~¢~1~' , ~ ;'. ! Notary Public in e of Washington, ' ~" ': residing at: ~tc¢~.a~ .L~ ./'. My appointment expires: 5-1~- ~ CITY OF BREMERTON LYNN HORTON, Mayor KATHLEEN McCLUSKEY, City Clerk lAN R. SIEVERS, City Attorney EDDY/CHU, Director of Public Works & Utilities OUTSIDE UTILITIES AGREEMENT -3- (INDIVIDUAL) Utilily2,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, 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 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 this /.~,t_j~ day of '""' °'""'~" '~ ' Notary Pul~ic~-mld ~o~the Sta{e of Washington, ' ~'~rn_cT, -' -' My appointment expires: OUTSIDE UTILITIES AGREEMENT -4- (INDIVIDUAL) Utili~y2.Agt - Agreemenl Forms - Revised 811819'2 EXHIBIT SECTION 08, TOWNSHIP 24 N., RANGE 1 E. ; WILLAMETTE MERIDIAN TAX ASSESSOR'S NUMBER 082401-2-112-2000 LEGAL DESCRIPTION That portion of the Southwest Quarter of the Northwest Quarter described as follows; Beginning at the intersection of the east right-of-way margin of Northlake Way and the south line of the Southwest Quarter of the Northwest Quarter of said subdivision S 88°39'52'' E 714.44 feet to the true point of beginning; thence N 03°04'46'' E 200 feet; thence N 88°39'52'' W 375.32 feet: thence S 03°06'45'' W 100 feet; thence N 88°39'52'' W to the thread of an. existing creek~ thence southerly along said thread to a'point N 88°39'52'' W of the tr~e point of beginning; thence S 88°39'52'~ E to the true point of beginning together with and subject to easement. (also known as Lot C of Short Plat No. 2150 recorded under Auditor's File Number 8002060072. Locate in Kitsap County, Wa.)