HomeMy WebLinkAbout2017 CHICO WAY
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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 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 2017 CHICO WAY
SEE EXHIBIT "An ATl'ArnRn
, Kitsap County, Washington, (hereinafter ''Property'),
KITSAP COUNTY
$12.00 CHCK
FILED-BY: CITY OF BREMERTON
DEe 4, 1995, 3: 16 fItt
KAREN FLYNN, AUDITOR
CLERK: BEVANS
legally described as:
and the City of Bremerton (hereinafter "City"), in consideration of the mutual covenants
set forth herein including the furnishing of utilities services by the City of Bremerton, do
hereby promise and agree as follows:
I. 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 Chare:es. 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. ~. 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 35.13.177 and any adopted subdivision and street standards of the City
of Bremerton.
OUTSIDE UTILITIES AGREEMENT -1-
(INDIVIDUAL)
A.F.#: 9512040358
REEL 0886 FR 2471
Ulilily2.Agl ~ Agreement Fonns. Revised 8/18/92
4. Utility Improvements.
WATI!R AND SEWER SFBVICE TO A FOOR WI SlIm PLAT wrm A SDCLE FAMILY
RESIDIlI!I:E (If EACH WI.
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.
Violation of this Agreement may result in the immediate
6. Enforcement.
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):
DATED: 10-"7/-'7 S-
1=:~~
~'T/~/~
DON & LILA sr.mr.1"7.
2017 CIlIa> WAY NIl
l!R_.1..IlI, WA. 98312
(SIXJlIge)
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OUTSIDE UTILITIES AGREEMENT -2-
(INDIVIDUAL)
A.F.#: 951.2D403J8
REEL DBRb FR 2472
UtiJily2.Agt - Agreement Forms - Revised 8/18/92
STATE OF WASHINGTON )
ss.
COUNTY OF KITSAP )
. On this day, before me, th~n9,:~sj.g~edl2~~~J?~c !i1.~~for the State of
Washlllgton, personally appeared ~"<:"A .-<. /~ , to me known
to be the individual(s) described in and who executed the within and foregoing instrument,
and acknowledged that he/she/they signed the same as hislherltheir free and voluntary act
and deed, for the uses and purposes therein mentioned.
GIVEN under my hand and or/icial seal this < :g/
19~
day of tCh~~
i ~
1"
CITY OF BREMERTON
DATED:~
BY:~ -4.JL
LY N HORTON, Mayor
A'IITEST:
~ If\^"-( O.
KA HLEEN McCLUSKEf;-City Clerk
A.F..: 9S~2040358
REEL 0886 FR 2473
A
S TO FORM:
APPROV AL:
IAN R. lEVERS, City Attorney
Y) 1>11<:.. <1 Pv8LJG wofZ.l<S i (}71urtt::>
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OUTSIDE UTILITIES AGREEMENT -3-
(INDIVIDUAL)
Ulilily2o^gl . Agreemenl Forms ~ Revised 3/18/92
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 instnlment 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.
19!15.~~Y.EN under my hand and official seal thist-tQr.J, day of tObn-?.lH"A ) ,
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residing at: 'YY'LI .l.r./J-n)
My appointment expires: ,S- If) - 9R
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A.F..: 9512040358
REEL 0886 FR 2474
OUTSIDE UTILITIES AGREEMENT -4-
(INDIVIDUAL)
Uli1ily2.Agt . Agreement Forms - Revised 8/18/92
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11. PORTION OF SECTION 8, TOWNSHIP 24 N., Rl\.NGE 1 E.; WILLl\.METTE
MERIDIl\.N
Tl\.X l\.SSESSOR'S NUMBER 082401-3-225-2002
-226-2001
-227-2000
-228-2009
Lot lI.
Lot B
Lot C
Lot D
LEGl\.L DESCRIPTIONS
~.__._." -"._---_.__..~------
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LOT A SHORT PLAT 5763R-l RECORDED IN \jQLU~lE 11, PAGE 228 OF
SHORT PLATS, AND UNDER AUDITOR'S FILE NO. 9501100004, BEING
AN AMENDMENT OF AUD I TOF: 'S FILE NO. 92<)"2'.090175 . THAT PORT I ON
OF THE t~ORTHEAST C!UARTER OF THE SOUTHWEST QUARTER AND OF
GO")ERN~1ENT LOT 2, SECT I ot~ 8, TmlNSH I P 24 NOF:TH, RAt~GE 1
EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS: BEGINNING AT THE SOUTHt.-JEST COR~IER OF THE NORTH 10
ACRES OF SAID GOVERNMENT LOT 2; THENCE NORTH 30 FEET TO THE
NORTH ~1ARGIN OF SHHE HIGHWAY, THENCE EAST ALOI'IG THE NORTH
MARGIN OF STATE HIGHWAY, 368 FEET TO THE TRUE POINT OF
BEG I NN HIG OF THE TRi~CT HEF:E I N DESCR I BED; THENCE CONT I NU I NG
EAST ALO~IG SAID HIGHt.-JAY, 184 FEET; THENCE NORTH 180 FEET,
~jORE OR LESS TO THE SOUTHt.-JESTEF:L Y ~lARG I N OF STATE HI GHWW
NO. 21; THENCE NORTHERLY ALONG SAID HIGHWAY, 300 FEET, MORE
OR LESS, TO A POINT BEARING NORTH FROM THE TRUE POINT OF
BEG I NN I NG; THENCE SOUTH 440 FEET, t10RE 0''':' U~'5S, - fo tHE
F'OINT OF BEGINNING; EXCEPT THE SOUTH 260.00 FEET. TOGETHER
WITH AN EASEMENT FOR UTILITIES OVER, UNDER AND ACROSS THE
\'JEST 15 FEET OF THE SOUTH 260.00 FEET OF THE FOLLOt.-JING
OESCR I BED P,;RCEL: BEG I NtH NG iH THE SOUTHt,.jEST CORNEF: OF THE
NORTH 10 ACRES OF GOVERNMENT LOT 2. SECTION 8, TOWNSHIP 24
t.WF:TH, F:{lNGE 1 EAST, W. 1'1.; THEI'jCE NORTH ::::0 FEET TO THE
NORTH MARGIN OF STATE HIGHWAY; THENCE EAST ALONG THE NORTH
11i;F:GIN OF STATE HIGHl.AY, to. DISTANCE OF 368 FEET TO THE TRUE
POINT OF BEGINNING; THENCE CONTINUING EAST ALONG SAID
HIGHloJAY, 184 FEET; THENCE NOF:TH 180 FEET, MOf':E OF: LESS, TO
THE SOUTHWESTERLY MARGIN OF STATE HIGHWAY NO. 21; THENCE
NORTHERLY ALONG SAID HIGHWAY, 300 FEET, MORE OR LESS, TO A
F'OINT BEAF:ING NORTH FRO~l THE TF:UE POItH OF BEGINNING;
THENCE SOUTH 440 FEET, MORE OR LESS, TO THE POINT OF
BEG INN I NG; n TSAR COUNTY, t.-IAH I NGTON 'A. F. -=: 951. 2040J5.':~
REEL 0886 FR 2475
LOT R ~~nRT PI AT ~~J~n * --~--~--
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LOT C SHORT PLAT 5763R-l RECORDED IN VOLUME 11, PAGE 228 OF
SHORT PLATS, AND UNDER AUDITOR'S FILE NO. 9501100004, BEING
AN AI"lENDt1ENT OF AUDITOR'S FILE NO. 9203090175. DESCRIBED AS
FOLLOWS: THE WEST 92.00 FEET OF THE SOUTH 115.00 FEET OF
THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT THE SOUTHWEST
CORNER OF THE NORTH 10 ACRES OF GOVERNMENT LOT 2, SECTION
8, TmlNSHIP 2., NOF:TH, RANGE 1 EAST, ~1.M.; THENCE NORTH 30
FEET TO THE NORTH MARGIN OF STATE HIGHWAY; THENCE EAST
ALONG THE NORTH MARGIN OF STATE HIGHWAY, A DISTANCE OF 368
FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING EAST
ALONG SAID HIGHWAY, 184 FEET; THENCE NORTH 180 FEET, MORE
OR LESS TO THE SOUTH WESTERLY MARGIN OF STATE HIGHWAY NO.
21; THENCE NORTHERLY ALONG SAID HIGHWAY, 300 FEET, MORE OR
LESS, TO A POINT BEARING NORTH FROM THE TRUE POINT OF
BEG I NN I ~lG; THENCE SOUTH 440 FEET, l"lORE OR LESS, TO THE
POINT OF ~EGIM~ING; KITSAP CoUNT~, WASHINGTON. SUBJECT TO
AND TOGETHER WITH AN EASEMENT FOR UTILITIES OVER, UNDER AND
ACROSS THE WEST 15 FEET THEREOF.
LOT D SHORT PLAT 5763R-l RECORDED IN VOLUME 11, PAGE 228 OF
SHORT PLATS, AND UNDER AUDITOR'S FILE NO. 950110C~04, BEING
AN AMENDMENT OF AUDITOR'S FILE NO. 9203090175. THE SOUTH
115.00 FEET OF THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT
THE SOUTHWEST CORNER OF THE NORTH 10 ACRES OF GOVERNMENT
LOT 2. SECTION 8, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M.;
THENCE NORTH 30 FEET TO THE NORTH MARGIN OF STATE HIGHWAY;
THENCE EAST ALONG THE NORTH MARGIN OF STATE HIGHWAY, A
DISTANCE OF 368 FEET TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING EAST ALONG SAID HIGHWAY, 184 FEET; THENCE NORTH
180 FEET, MORE OR LESS TO THE SOUTHWESTERLY MARGIN OF STATE
H I GH~jA Y NO. 21; THENCE NoF:THERL Y ALONG SA I D H I GH~IA Y, 300
FEET, MORE OR LESS, TO A POINT BEARING NORTH FROM THE TRUE
POINT OF BEGINNING; THENCE SOUTH 440 FEET, MORE OR LESS, TO
THE POINT OF BEGINNING; EXCEPT THE WEST 92.00; KITSAP
COUNTY, WASHINGTON. SUBJECT TO AND TOGETHER WITH AN
EASEMENT FOR UTILITIES OVER, UNDER AND ACROSS THE WEST 15
FEET THEREOF.
..A. F. *: 951.20.4U358
REEL 0886 FR 2416
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