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HomeMy WebLinkAbout2500 BLOCK OF LAKEHURST DR OUTSIDE UTILITIF, S AGREEMENT WItEREAS the Bremerton Municipal Code requires property 'outside the city boundaries to support mmexation to the City of Bremertou as a condition for receiving City ntilities (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 WtlEREAS the undersigned, as owuer of a parcel outside the City of Bremerton, has ~nade application for city utilities; NOW,TIIEREFORE, the undersigned owner (hereinafter "Owner") of real property located at ~ 2~of~ Kit~p Connty, Was~,~afler '~roperty'), legally described as: ~t2. ITOR and the City of Bremerton (hereinafter "City"), in cousideration of the mntual covenauts set forth herein including the furnishing of ulilities se~ices by the City of Bremerton, do hereby promise and agree as follows: 1. Se~ices Provided. City of Bremerton shall provide utility se~ices cousistent with service ar~s defined by the City comprehensive ntility plans as amended, and terms and conditions of a current ~tter of Availability from the Bremerton Utilities Department. 2. Rates aud Charees. 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. Development of the property described above shall comply with tile uses aud development standards of City of Bremerton comprehensive land use plan adopted pnrsuant to RCW 35.13.177and any adopt~ subdivisiou and street standards of the City of Bremerton. OUTSIDE UTILITIES AGREEMENT -I- (INDIVIDUAL) Ufilily. Agl - Revised 8118192 4. Utility Improvements. ~'~,-r~a~ :J~gI{lg FOR ~ SII~',R FAl~fl~,'v RRSII)I~;~:i ~ ~ ~,AnA'~: PAliL'R~-q 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 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 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): \\ OUTSIDE UTILITIES AGREEMENT -2- (INDIVIDUAL) Ufility2.Agt - Agreement Forms - Revised 8118192 STATE OF WASHINGTON ) : SS. COUNTY OF KITSAP ) On this day, before me, the u. gdersigneql, a No~ry ~u_blic in and for the State of Washington, personally appeared /~',4;Z~fi ~57//,,t.~-// g~eaa.,,~ , to me known to be the individual(s) described in and w/ho ~xec'uted the within and foregoing instrument, and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this /t~/day of ~ , 19~/. ~ "'~ Notary Publi~x ~ ,a~,d~/[o~,Jl}e.o~S~t~ of Washington, "'~- · '." ~, ' ",. residing at: q,~tItJ. J~LA.I_.X...L.r -.,: ........ My appointment expires: CITY OF BREMERTON LYNN HORTON, Mayor ATTEST: KATHLEEN McCLUSKEY/ City Clerk ~ff~L.~~ v '~~ ~/ GENE S. SAMPLEY, P.E. lAN R. siEVERS, City Attorney ~/Di?~lo'F"6f Public Works & Utilities OUTSIDE UTILITIES AGREEMENT -3- (INDIVIDUAL) Utility2.Agl - Agreemcnl Forms - Revised 8118/92 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 19 ~5~. : ~'c, .~ ~ . ,..:~: Notary Pu for e State ashington, · ,, - ' : residing at: _,~_'~ ~ :J I~ t.~- : >: My appointment expires: .~--/~-- ~' A. F. e= ~---~022~28 REi='i ~ FR t576 OUTSIDE UTILITIES AGREEMENT -4- (INDIVIDUAL) Utility2.Agt - Agreemen~ Forms - Revi~ed 8118192 AUDITORS NOTE LEGIBILITY FOR RECORDING AND COPYING UNSATISFACTORY IN A PORTION OF THIS iNSTRUMENT WHEN RICEIVED. E :X I-'I T :]~ I 'T ",A · · A PORTION OF SECTION 8, TOWNSHIP 24 N., RANGE 1 E. ; WILLAMETTE MERIDIAN ASSESSOR'S NUMBER 082401-4-~022-2005 LOT "A", SHORT PLAT NO. 6677 LEGAL DESCRIPTION THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER IN SECTION 8, TOWNS}{IP 24 NORTH~ RARGE 1 EAST, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE E~%ST LINE OF SAID SUBDIVISION 914 FEET SOUTH OF TB'E NORTHEAST CORNER THEREOF; THENCE WEST 40 FEET TO WEST LINE OF COUNTY ROAD AND- THE TRUE POINT OF BEGINNING; THENCE CONTINUING WEST 195 FEET; THENCE SOUTH 101 FEET; THENCE EAST 19~ EEET TO WEST LINE OF SAID ROAD; THENCE NORTH 101 FEET TO THF. TRUF. I EEL FR 77 SITUATE IN KITSAP COUNTY, WASHINGTON. zz~,~ :EBCR:~T~ON 'REL~ 0803 FR 0080 The South 150 feet of the fallowing described property: That portion of the Northwest ~arter of the Southeast ~arter, Section 8, Township 24 North, Range 1 East, W.M., in KitsaD County, Washington, described as follows: Starting at the center of said Section 8; thence South 88'39052" East 1298.15 feet to the Northeast corner of the Northwest ~arter of the Southeast ~arTer; thence South 2,43o12" West 514.00 feet to the True Point of Beginninq; thence continuing South 2'43o12. West 350.00 feet; thence North 88,39o52.* West 40.00 feet; thence South 2'43012" West 10.00 feet; thence North 88'39052'' West 80.00 feet; thence North 9'34030'` East 363.65 feet; thence South 88,39052', E~SC 76.58 feec to the True Point of Beginning. dSO ~OWN ~ Lot B of Kitsap County Short Plat No. 2284, recorded under AuditorOs File No. 8005160109; TOGETHER WITH that portion of County Road No. 150 that would attach by operation of law as vacated by CommissionerOs Journal No. 9, Page 30. PARCEL II: -~AW ~A~-~-*~ ~' O~-Z-~Z- That portion of the Northwes~ ~arter of the Sou~heas~ ~arzer, Section 8, Township 24 North, Range 1 East, W.M., in Kitsap County, Washington, described as follows: Starting at the center of said Section 8; thence Sou~h 88~39,52. East 1298.15 fee~ to the Northeast Corner of the Northwes~ ~arter of the Southeast; ~hence South 2~43,t2. West 514.00 feet; thence con=inuing Sou~h 2~43,12. 350.00 feet; thence North 88:39'52" Wes~ 40.00 fee~; ~hence Sou~h 2~43,12,, Wes~ 10.00 fee~ to the T~e Point of Beginning; thence North 88~39,52. Wes~ 80.00 fee~; ~hence Sou~h 2~41,37. EasK 40 feeE; thence South 88~39'52'' East 80.00 feet; thence North to the True Poin~ of Beginning. ~ ~ ~ /