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HomeMy WebLinkAbout2017 CHICO WAY ,'5c.A 1.1 If Z 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) \\ 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::> \\ \\ 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 ) , J\III"I.., . <-~.~ l:. f./~, , ..;...v..' \\'0011 ( . "";"'.\ :-<..." ~' .Jo . ':;-) :: .IJ:"",\f)TA\,.... ...:.: . ,,'; ~.. ;..',;: ... "'" "'- .:. . f) ....... , 11>'. uaIJc:;, : ','1>".: .'.~.~,., .~:~; :-~,f .. ". 0(:' ,.. c'.' \ .- " .-./' 1 ", ""'.. .,,,., (l.A f A ft!~ ~. (~'Y1 A t Notary I' Ii~ r the Stat of Washington, residing at: 'YY'LI .l.r./J-n) My appointment expires: ,S- If) - 9R \ A.F..: 9512040358 REEL 0886 FR 2474 OUTSIDE UTILITIES AGREEMENT -4- (INDIVIDUAL) Uli1ily2.Agt . Agreement Forms - Revised 8/18/92 ~ . :EX!~IBI'I' 002'.... 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 ~.__._." -"._---_.__..~------ -- 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 * --~--~-- '. , ',. " "'", z_ ;:~ '" , 0"-0 '->0.... woz== I-z2~ O<I-UJ Z"''''''' zOz (/)CSd..w a:ct:<C-x o8~3: L., u...J ~ _ 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 ~ t .... " : , ~. . ~~... . (~ '.. ,..