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HomeMy WebLinkAbout3700 BLOCK OF RIDGEWAY CIRCLE 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 lim/~ted 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 tho 3700 It,lock of ' _Ridit',-,a~v- Ci.rele ~ , Kitsap County, Washington, (hereinat~er "Property'), 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: 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 conditions 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 of Bremerton. OUTSIDE UTILITIES AGREEMENT -I- (INDIVIDUAL) Utillty2.Agt - Agreement Forms - Revised 8/18/92 IIIEI[]_ ~ FR 134-25 4. Utility Improvements. 5. Annexati0fl. 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 he 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. Covenant~. 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. P.O. BO~ 780 STT.~T.R, WA. 98383 ~ N. 1~{3~1'3{~ (S~) OUTSIDE UTILITIES AGREEMENT -2- (INDIVIDUAL) Utility.Agt - Revised 8/18/92 STATE OF WASHINGTON ) : SS. COUNTY OF KITSAP ) On this day, before me, the undersigned, a Notary Public in and for the State of Washington, personally appeared /.-eS F'o,~01e~ ct,xZ 7'firna~c~ t~. ~,o6.a4 to me known to be the individual(s)_ described in and who executed the within and foregoing instrument, and acknowledged that he/she~ signed the same as his/hertth-'~ free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this /~e~,-- day of ~ , 19~K ,' 4 '. No d for the State of Was ngton, · ~-~ residin · , , ~ --~_, My appointment expires: -5/10/q7 0r .":" CITY OF BREMERTON LYNN HORTON, Mayor W~~~Dir~tor of Public Works&Utilities I~N ~ SIEVERS, Bremerton City Attorney STATE OF WASHINGTON ) : COU~Y OF ~TSAP ) On this day personally app~ before me Lynn Horton, Bremeflon City Mayor, the municip~ co~oration describ~ in ~d that ex~ut~ the within ~d foregoing instrument, and ac~owl~g~ s~d instrument to be the fr~ ~d volun~ act ~d d~ of ~d OUTSIDE UTILITI~ AG~EMENT -3- 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 ~ny hand and official seal this ~ day of ~'~}a.,... , ,': '- :=os '-":: -~'~/'~" (l'%'T//~'"'~ ' '- :' O.' ,,'"}'-'r-~ ,,,%...~"-' ":.<: ~ ~' No~ Public ~,d ~Co~ the Sta~ o}' Washington, 2 "..~ .... ' ~ 5 residing at: .C~54~,~-~.,a~'--2r-,-, ) · e ~'~'~ · - : My ap~intment expires: ~-/~- ~ ~'rltLEEN L. McCLUS~Y, CgY CL~ OUTSIDE UTILITIES AGREEMENT -4- (INDIVIDUAL) Utililyl.Ag~ - Agreemenl Form~ - Revl~ed 3/13/95 REEL llano FR I]428, A PORTION OF SECTION 8, TOWNSHIP 24 N., P3.NGE 1 E. ; WILLAMETTE MERIDIAN TAX ASSESSOR'S NUMBER 082401-4-060-2008 LEGAL DESCRIPTION 3 I 'THAT PORTION OF THE NORTHWEST QUARTEF{ (DF THE ~OUTHEAST 3 .2 QUARTER OF SECTION 8, TOWNSHIP 24 NORTH, RANGE 3 5 W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 48~ FEET ~ ~ WEST OF THE NORTHEAST CORNER 0~ THE NORTHWEST QUARTER OF ~ 5 THE SOUTHEAST ~UARTE~ THENCE SO2*42'iO"W A DISTANCE OF 3 6 512.00 FEET; THENCE N88*59'52"W 49i.30 FEET TO THE TRUE 3 7 POINT OF BE~INNING~ THENCE S88,:~'52"E 120.00 ~EE'r~ THENCE ] 8 NOI*46'52"E A DISTANCE OF ~78.00 FEET~ MORE OR LESS~ TO ~ 9 CENTERLINE O~ RIDGEWAY CIRCLE; THENCE N88*5~'52"W ALONG SAID 3 10 CENTERLINE TO A ~OINT NOI*~6'52"E ~OM THE T~UE POINT OF ~ 11 BEGINNING; THENC~ SO2*A~'52"~ A DISTANCE O~ lBO.SA ~E~T~ 3 12 MORE OR LESS~ TO THE TRUE POINT OF BEgINNINg: EXCEPT THE 3 13 NORTH ~0 UEET FOR ROAD; AND EXCEPT A POSTION, J 14 WITHIN THE WEST HALF OF THE NORTHWEST OUART~ O~ TH~ Z i5 NORTHWEST ~UARTER OF THE SOUTHEAST QUA~TE~ I]~ ~AID ~ECTION 3 16 8; ALSO EXCEPT THE NEST 40 FEET THE~EO~; TOGETHE~ NITH THAT 3 1~7 PORTION 0~ THE NORTHWEST QUA~TE~ O~ THE SOUTHEAST QUARTE~ 3 18 OF SECTION 8~ TOWNSHIP 24 NORTH~ ~ANGE t EAST~ W.M., J I~ DESCRIBED AS ~OLLOW~: COMMENCING AT THE NORTHEAST CO~NER ~ 20 SAID NO~'THWEST QUARTE~ OF THE SOUTHEAST OUASTE~ OF GECTION J 21 8; THENCE ALONG THE NO~TH LINE OF SAID SUBDIVISION 3 22 N88*~g'52"W 485.00 FEET; THENCE PARALLEL WITH THE ~ABT LINE 3 25 OF SAID SUBDIVISION S02*42'iO"W 5i2.00 CEET; THENCE 3 24 PARALLEL WITH THE NORTH LINE OR SAID SUBDIVISION ] 25 NSS*59'52"W 37i.50 FEET TO THE TRUE POINT OF BEGINNING; ] 26 THENCE CONTINUING N88*JS'~"W i20.00 ~EET; THENCE ] 27 S02.4~'52"W 10.00 FEET; THENCE S88-5~'52"E l~O.O0 PEET; 3 28 THENCE NOI*4~'52"E 1C.Oo gEET TO THE TRUE POINT OF 3 29 BEGINNING~ EXCEPT PORTION, I~ ANY, LYING ~ITHIN THE WEST ~ JO HALF OF THE NORTHWEST QUARTER O~ THE NORTHWEST ~UA~TER O~ 3 5t THE SOUTHEAST QUARTER OF SAID SECTION 81 ALSO EXCEPT THE 3 32 WEST 4~' FEET THEREOF'. /' ~ VV~ .............