HomeMy WebLinkAboutSTAMPEDE PARK PLAT OUTSIDE UTILI'I]ES AGREEMENT
WIlEREAS the Brelnerton 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 aud 15.03.040); and
WIIEREAS the City of Bremerton bas a primary obligatiou to its citizens to allocate
limited service resources for adequate growtb and development within the City; and
WIIEREAS the undersigned, as owner of a parcel outside the Lily of Bremertou, has
made application for city utilities;
NOW,TIIEREFORE, the undersigned owner (hereinafter "Owner")of real property
located at P~T of ST~PEDE PARg, LOCATED ~AR STAMPEDE BL~ A~
McWILLI~S RO~ , Kit~p County, Wasbiugton, (hereimtl/er "Properly'),
legally described as:
sis ~iai~ 'A*' ATTAC~D C~: FREE~
A. F. I: ~02230~00
REEL 0785 FR 2364
and the City of Bremerton (hereinafter "City"), in consideration of the mutual covenants
set fortb herein including the hmishing of utilities services by the City of Bre~nerton, do
hereby promise and agree as follows:
1. Se~ices Provided. City of Bremertou shall provide utility services cousisteut witb
service areas defin~ by the City comprehensive utility plans as amended, and lertns and
conditions of a current ~tter of Availability from the Bmmertou Utilities Department.
2. ~and ~. Owner shall pay when due all connection charges,
assessments, and rotes established IBr city utilities ~ervices by City ordinance for the Owner's
user class.
3. Use. Development of Ihe property described above shall comply with the nses
and development s~ndards 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~ '
OUTSIDE UTILITIES AGREEMENT -1-
(CORPORATE/PARTNERSHIP)
Ulilily.Agl - Revised 8118192
4. Utility Improvemcnls.
NATER SERVICE TO A T~/ELVE LOT PLAT OF SINGLE FAMILY
RESIDENCES
5. Annexation. Owner, by signing below, grants to the City ofBremerton a Limited
Power of Attorney to include this Agreement as Owner's conset~t Io 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 ar~ to be annexed. The petition shall reqnire
the concurrent adoption of land uses designat~ in any urban fringe comprehensive plan
approved for tbe annexation area pursuit to RCW 35.13.177, or if none bas been adopted,
the laud 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 se~ices to the above-described property as well as other remedies
provid~ by law.
7. Covenauts. The undersign~ further agrees that this Agreement and the promise
made herein constitute a covenant running with the land and sball be binding upon the
nndersigned and his heirs, successors, and assigns, aud 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 pro~rty will be couditioued ou execution and filiug of a duplicate
copy of this outside utility agreement by the purchaser or trausferee.
OWNER:
DATED: /- ~-~q BY:.
A= F. ~:
REEL
OOTSmO~ OT~T~ AGREEMENT -2-
(CORPORAT~PARTNERSHIP)
STATE OF WASHINGTON )
SS.
COUNTY OF KITSAP )
On this day personally appeared before me L?d~ n. ai~= , and
N/A , of American Custom Homes Inc. , tile
corporation/partnership described in and that executed the withiu and foregoing inslrument,
cud acknowledged said instrument to be the free and vohmtary act and deed of said
corporation/partnership, for the uses and purposes therein mentioued, and ou oath stated
that .Jp~lshelatmyx was/~ authorized to execute said instrument on behalf of said
corporation/partnership.
GIVEN under ,ny hand and official seal this 5tn day of Janusr~
19 '9~ ' -,
.-o .,'": ~'"-.
: ~.:" '%~'~-~ :: ~' Notarl~ Public in ~:d for the State of Washiugton,
.? . · !., . % ~ residing at: Port Orchard
' "L~.~.;;~t' My appointment expires: August 15r 1994
CITY OF BREMERTON
Mayor
A~'FEST:
KATHLEEN McCLUSKEY
City Clerk
APPROVED AS TO FORM: DE~PROVAL:
IAN ~, SIEVERS, City Attorney
OUTSIDE UTILITIES AGREEMENT -3-
(CORPORATE/PARTNERSHIP)
STATE OF WASHINGTON )
: SS.
COUNTY OF KITSAP )
Lib,l, -J-
On this day personally appeared before me~, Bremerton City Mayor,
and Kathleen L. McCluskey, Bremerton City Clerk, of the City of Bremerton, the mmficipal
corporation described in and that executed the within and foregoing instrument, and
acknowledged said instrument to be the free and vohmtary act and deed of said corporation,
for the nses and purposes therein mentioned, and on oath stated that they were authorized
to execute said instrument on behalf of said corporation.
19~(. GIVEN under my hand and official seal this ~"~day of
~ '.' ~' l ->' ~. Notary Public in and for the State of Washington,
~,~,'-. PUBI.}C J .~ residing at: ~Y",~.~/~A/
't~..~:Z..O.r)~o~.'[~,,~ My appoint,nent expires:
A.F.#: 9~02230100
0785 FR 2~b7
OUTSIDE UTILITIES AGREEMENT -4-
(CORPORATE/PARTNERSHIP)
EX}{IBIT "A"
That portion of the Southwest Quarter of the Southeast Quarter of
Section 27, Township 25 North, Range 1 East, Willamette Meridian in
KitSap County, Washington, described as follows:
COMMENCING at the South quarter of said Section 27;
thence along the North-South center-of-section line, a distance of 30
feet;
thence East, a distance of 30 feet to the easterly margin of Stampede
Boulevard County Road;
thence East along the Northerly easement road right-of-way, a distance
of 235 feet;
thence North parallel with the North-South center-of-section line of
said Section 27, a distance of 75 feet to the point of beginning;
thence East parallel with the Northerly margin of said right-of-way,
a distance of 175 feet;
thence South parallel with said North-South center-of-section line, a
distance of 50 feet, more or less, to a point of curve of a 25 foot
radius curve, concave Northwesterly;
thence Southwesterly along the arc of said 25 foot radius curve to its
point of tangency on the Northerly margin of said right-of-way;
thence East along said Northerly margin a distance of 245 feet, more
or less, to the easterly limits of the West half of the South half of
the Southwest Quarter of the Southeast Quarter of said Section 27;
thence North, a distance of 484.2 feet, more or less, to the Northeast
corner of Lot B of Short Subdivision No. 4869 R-1 recorded under
Auditor's File No. 9002160172;
th~nc~ West along the North line of said Lot B, a distance of 399 feet,
more or less, to the Northwest corner of said Lot B;
thence South parallel with said North-South center-of-section line, a
distance of 277.2 feet; thence West parallel with the Northerly margin
of said right-of-way 26.3 feet;
thence South parallel with said North-South center-of-section line. 87
feet, more or less;
thence East parallel with said Northerly margin 30 feet, more or less;
thence South parallel with said North-South center-of-section line, a
distance of 45 feet to the point of beginning;
~.F.#: ~02~0~00
Situate in Kitsap County, Washington. FiL~EEL 0785 Fll~ 2~6B
¥- .... -- ~ . . .- ~