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HomeMy WebLinkAbout4521 TRACYTON BEACH RD OUTSIDE UTILITiES AGREEIV[ENT 'WHEREAS the Bremerton Municipal Code requires property outside the city bounder/es to support annexation to the City of Bremerton as a condition for receiving Chy utilities (BMC 15.02.040 and [5.03.040); and Vt~HEREAS 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 4251 TRACYION BEACIt ROAD ., Khsap County, Washington, (hereinafter "Property'), legally described as: ,10, fl0 CLICK SEE R~I'~IBIT "A" AIIACItED FILEI} f= BllEI RI CITY OF 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 Charges. Owner shall pay when due all connection charges, a6sessments, 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. l.77 and any adopted subdivision and street standards of the City of Bremerton. 4. UtiliW Improvements. dl~,. F. ~: 9~13t13~4210A7 WAI~R SER¥ICR TO A $I~GI.]I FAI~IB¥ RI~IilDRNCR R EL FR 13770 OUTSIDE UTILITIES AGREEMENT (INDIVIDUAL) 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 Prope,.-ty 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. iVV, 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 Iaw. '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 proper9, will be conditioned on execution and filing of a duplicate copy of this outside utility agreement by the purchaser or transferee. OWNER(S): CHERYL L. USMC 0SO STE. C200 1500 KEARNS BLVD. '--~ - ' pA'I~'I~ CI~, UT. 84060-7301 STATE OF ~ COUNTY OF ~ L On this day, before me, the undersigned, a Notary Public in and for the State of W;,~.,i.;.;-;,-,.b personally appeared (~.h¢,~, [ (" ('"~ ~--l/~ (~[,%,~ e ('~ (~ I~ c[&~Cto me known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that I'oe,'_,'_,'_,'_,'_~they signed the same as h'~l:~their free and voluntary act OUTSIDE UTILITIES AGREEMENT -2- (INDIVIDUAL) ant? deed, for the uses and purposes therein mentioned. GIVEN under my hand and/4~cial seal this (~N-[q4~ day of ~ mm ~p r" , =:-: ~'~.~.,,~-~X ANNETI'ELLOYD ~ ~otary Public in and for the State of~'' . '-:-. · '- (.L4,-, f~;'-A, ~\~ 1SS South Main ! ...... ='-", "~.'~' i~[~,:~ L:;I;~m~r,u~c~'~3a ; residing at: ~b'~r' ~([] . [~.~$ MyCc~lssionExF~res t X~'~'Y ~u~ ~a$ I My appointmen~ e~pires: [c-~9~. . C~T~ O~ ~TO~ DATED: ~Z-~q5 BY: ~ ~' L~ HORTON, Mayor DEPAR~~OVAL: W. EUGE~S~L~irector of Public Wor~ & Utilities FO~: reme~on City Attorney STA~ OF WAS~GTON On ~s day personify app~ed before me Lynn Ho~on, Breme~on Ci~ Mayor, mu~cip~ co~omfion deschb~ in ~d that execut~ the within ~d foregoing ins~ment, ~d ac~owl~g~ s~d ins~ment to be the fr~ ~d volun~ act ~d d~ of ~d c~rafion, for ~e uses ~d pu~oses ~erein mentioned, ~d on oath smt~ ~at ~ey were authodz~ to execute ~d insmment on beh~f of s~d co~orafion. ~N under my h~d ~d offici~ s~ this '~ "' -'-" :~ No~ ~blic~md for the S~e of W~hington, ~., ~; .... 2: i residing at: -.,.. ,. ,,- . ,, ~..,o. . ~: My appointment expires: OUTS~E U~L~S AG~EME~ -3- ~IDUAL) A. F. #-' 960'10500 7 0892 FR 077:3 A PORTION OF SECTION 3, TOWNSHIP 24 N. , P3.NGE ! E,; WILL.~-~!ETTE MERIDTAN TAX ASSESSOR'S NLTMBER 032401-1-088-2007 LEGAL DESCRIPTION LOT A SF' 41..:,.~ RECORDED UNDER AUDITOR NUMBER 86L.:,i.,~OUgl THAT F'ORTION OF THE VACATED PLAT OF THE TOWN OF FARRAGUT LOCATED IN A F'ORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST EIJARTER OF SECTION 3~ TOWNSHIF' 24 NORTH, RANGE 1 EAST~ W.M., KITSAP COUNTY, WASHINGTON~ DESCRIBED AS FOLLOWS: COMMENCING AT THE NOR]-HEAST CORNER OF SAID SECTION 3: THENCE tl88.~.~ 00"W ALONG THE NORTH LINE OF SAID SECT]ON ,s, A DISTANCE OF 207~. ~0 FEET TO THE CENTERLINE OF MONITOR STREET OF THE VACATED PLAT OF THE TOWN OF FARRAGUT; THENCE '.SI*<)6~' ],-"W ALONG THE CENTERI_INE OF MONITOR STREET 579 FEET FO THE CENTERLINE OF FOOTE STREET OF SAID VACATED PLAT; THENCE =3~ ~ O0"E ALONG THE CENTERLINE OF FOOTE STREET OF SAID VACATED PLAT ~540 FEET TO THE WEST MARGIN OF ESSEX STREET OF SAID VACATED F'LAT~ THE TRUE POINT OF BEGINNING; THENCE S1-08'00"W ALONG THE WEST hlARGIN OF SAID ESSEX STREET 19~ FEE~; THENCE NBB*52'OO"W 600 FEET; THENCE N~-08' }(]"E 191 FEET; THENCE S88-52'00"E ALONG THE CENTERLINE OF FOOTE STREET IN THE SAiD VACATED PLAT OF THE TOWN OF FARRAGUT 60,0 FEET TO THE TRUE POINT OF BEGINNING.