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HomeMy WebLinkAbout1737 & 1741 CORBET DRIVE 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 ciW utilities; Now,T~.EREFORE, the undersigned owner (hereinafter "Owner") of real property located at 17~7 and 1741 ~0~n~tr llRtv~ , Kitsap County, Washington, (hereinafter '?roperty'), legally described as: KITSAP COUNTY · ,.. $!1, O0 CHCK FILED-BY: CITY OF BREMERTON sm '.m _rr "A" aa'rat;u 3, t995, 4:05 KAREN FLYNN, AUDITOR cLbR.K. BEVANS 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: 1. 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 c~nditions of a current Letter of Availability from the Bremerton Utilities Department. 2. Rates and Char~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. Use. 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 35.13.177and any adopted subdivision and street standards of the City OUTSIDE ~rrmrri~ AGREEMENT -1- (CORPORATE/PARTNERSHIP) ~. F. ~.- 9~ ~0~0~ REEL 08/52 FR 2246 Utillty3.Agt - A~r~ment Forms - Revised 3/13/9~ of Bremerton. 4. Utility_ Imvrovements. 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. IS[I~/AIID IJ~'~Olt~ffi~, II~. BY: ~:~l~i781 · I,IA., 98337-0165 OUTSIDE UTILITIES AGREEMENT -2- A= F= #: ~:~51 (CORPORATE/PARTNERSHIP) REEL 0882 FR Utility3.Agt - Agr~ment Fom*s - Revised 3113195 STATE OF WASHINGTON ) : SS. COUNTY OF KITSAP ) On this day personally appeared before me ~ ~ , and , of S{l~ann l)~mol, t~rr, INC. , the corporation\l~llll~ 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\l~ll~nilX for the uses and purposes therein mentioned, and on oath stated that helllll~l~ wasLll~ authorized to execute said instrument on behalf of said corporation\}l~lln~. GIVEN under my hand and official seal this /..~ 4~day of Notaz~, Pubhc ~3_~tnd for the State of Washington, ~ "~.'"~'"~OTARy "'&%'~_...~ residing at: ~'_~,~ ~ ~ ,, : ~_ My appointment expires: · {~0~- W~%~__x.~...~ CITY OF BREMERT©N LYNN HORTON, Mayor DEP AL: W. EUGENE SAMPL--E4~, Director of Public Works & Utilities TO I~N R~SIEVERS, Bremerton City Attorney STATE OF WASHINGTON ) ~. F. #: 9511030188 :ss. RI:r[L COUbrrY OF Krl'SAP ) On this day personally appeared before me Lynn Horton, ~remcrton City Mayor, the OUTSIDE UTILITIES AGREEMENT -3- (CORPORATE/PARTNERSHIP) Utility3.Agt - Agre~nent Fo~ns - Revised 3113195 municipal corporation described in and that executed the within and foregoing instrument, and acknowledged said instrument to be the tree 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~:~*-.,(, day 19~. · = : .: _~ ~ N~tary Pt~lic/i-rha(nd ~br the Statcdof Washington, ~'..~ff:~'~¢: ':~. ~ residing at: 7.~. , -'. - .",?d My appointment expires: ~.z-_ A.F.#: 95~t0~0~88 REEL OB&2 FR 22~9 OUTSIDE UTILITIES AGREEMENT -4- (CORPORATE/PARTNERSHIP) LEGAL DESCRIPTION PARCEL I: ~~'$1tD. 152/-~)1ZIZ190Z20(~i) THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER, SECTION 15, TOWNSHIP 24 NORTH, RANGE i EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THE WESTERLY 140 FEET OF THE FOLLOWING DESCRIBED TRACT: BEGINNING AT THE CENTERLINE OF COUNTY ROAD WHICH BEARS SOUTH 0°16'52'' WEST 166.46 FEET AND SOUTH 89°50'46'' EAST 679.97 FEET FROM QUARTER SECTION CORNER BETWEEN SECTIONS 10 AND 15; THENCE ALONG CENTERLINE OF SAID COUNTY ROAD SOUTH 60 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89050'46'' WEST 340 FEET; THENCE SOUTH 0'16'52" WEST 106.45 FEET; THENCE SOUTH 89050'46'' EAST 340 FEET TO CENTERLINE OF COUNTY ROAD; THENCE NORTH ALONG SAID CENTERLINE OF COUNTY ROAD 106.45 FEET TO TRUE POINT OF BEGINNING TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS AND FOR INSTALLATION OF UTILITIES OF EVERY NATURE, INCLUDING, BUT NOT LIMITED TO TELEPHONE, WATER, SEWER AND ELECTRICITY AND RIGHT TO GRANT EASEMENTS FOR UTILITIES OVER NORTH 15 FEET OF THE EASTERLY 200 FEET OF THE ABOVE DESCRIBED TRACT; EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE COUNTY ROA~. THE EAST 122.90 FEET OF THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 24 NORTH, RANGE I EAST, W.M., ~N KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNIm~ AT A POINT BEARING SOUTH 0°16'62 WEST 166.46 FEE? FROM THE NORTH ONE-QUARTER CORNER OF SAiD SECTION 15; THENCE SOUTH 0°16'52" WEST 166.45 FEET, MORE OR LESS, TO A POINT WHICH BEARS SOUTH 39:50'46" EAST FBOM THE POINT OF BEGINNING; THENCE NORTH 89°50'46'' WEST 339.975 FEET TO THE POINT OF BEGINNING: TOGETHER WITH AN EASEMENT FOR A ROADWAY OVER THAT PORTION OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER, SAID SECTION 15, DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER OF THE COUNTY ROAD AND THE NORTHEAST CORNER OF THE SAID SOUI'H HALF OF THE NORTHWEST QUARTER OF I?ENORTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE WEST 35~ FEET; THENCE. SOUTH 15 FEET; THENCE EAST 356 FEET; THENCE NORTH 15 FEET TO THE POINT OF BEGINNING.; BOTH PARCELS SITUATE IN KITSAP COUNTY, WASHINGTON UBJEC ROPER¥ .... '-