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HomeMy WebLinkAbout4300 BLOCK OF TRACYTON BEACH RD NW AGREEMENT FORMS DISK OUTSIDE UTILITIES AGREEMENT (INDIVIDUAL) UTILITY2.AGT 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 pared outside the City cf Bremerton, has made application for city utilities; NOW,THEREFORE, the undersigned owner (hereinafter "Owner")of real property located at 'm~ 6300 ~ OF 'm&,v/'t~ ~ mn t~ (.,43~ ~,,z, -7'fao ve,~a~fi:~-;6] Kitsap County, Washing~R.~.q~ereinafier "Property'), " ~K! 3~P COUNTY legally described as: $~ 1, Off CHCK ~ILED-BY: CITY OF gRENERTON :~z ~xm~t~ "a" ~ JON 23~ 19~5~ t:30 I~1 KagEN g!.Y~t~: ~UDITO~ ~. F. #: 9506230160 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 mid conditions of a current Letter of Availability from the Bremerton Utilities Department. 2. Rates and Charges. 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 UTILITIES AGREEMENT -1- (INDIVIDUAL) Utility2.Agt - Agreetmnt Forms - Revised 3113195 of Bremerton. 4. Utility_ Improvements. ~A*r~ ~v.tCl~ ~L*O ~3 ~ ~ ~m A S~ ~ff ~ ~ 5. ~nn~a~on. Owner, by signing below, gm~ ~ ~e City of Bremc~on a Li~ Power of Attorney to include ~is A~ment ~ Owner's ~nent to ~e ~nexa~on of ~e ~ro~y as p~ of ~y ~ofie of Inent or Petition for Annexa~on pr~nt~ to the Ci~ of Breme~on. ~e ~nexa~on ~on sup~ by ~is Power may include pro~ffion~ assumption of ~e City ind~t~ness by ~e ~m to be ~nex~. ~e ~fifion sh~l r~uire · e coneu~ent adoption of l~d us~ d~ignat~ in ~y u~ f~ge ~mprehensive pl~ approv~ for the ~nexafion ~m pursuit to RCW 35.13.177, or if none has b~n adopt, · e l~d us~ for ~nex~ pro~y as set fo~ in ~e Breme~on ~ning C~e ~ mendM. ~is Power of Attorney is nonrev~ble. 6. Enfor~ment. Violation of ~is Agr~ment may result in ~e imm~iam termination of utilities settees to the above-descfi~ pro~y as well as o~er rem~ies provid~ by law. ~, F~ ~: ~0~2~0~ ~0 R~L 08~5 FR 0~31 7. COV~. ~e undersign~ fuAher agr~s that ~is Agr~ment ~d ~e promise made hcr~n ~ns~tute a ~ven~t ~nning with ~e l~d ~d sh~l be binding u~n ~e ~ndcrsign~ ~d ~s heirs, su~rs, ~d ~signs, ~d ~at ~is Agr~ment sh~l ~ fil~ for r~ord in the offi~ of ~e ~p County Auditor. Owner agr~s ~at ~y ~e or ~sfer of the above-dc~b~ pro. Ay will be condiOon~ on ex~u~on ~d filing of a dupH~te copy of t~s ou~ide u~lity agr~mcnt by the purch~er or ~sfer~. O R(S): n. OUTSIDE UTILITI~ AGREEMENT -2- (INDIVIDUAL) Utility2,Agt - Agr~r~nt F~"m~ - R*vi~l STATE OF WASHINGTON ) : SS. COUNTY OF K1TSAP ) On this day, before me, th,e, undersigned, a Notary Public in and for the State of Washington, personally appeared I ~ c\-,o. \ t- . A ~5~·, .~v-, ?~o~ w ~-,- , to me known to be the individual(~h described in and who executed the within and foregoing instrument, and acknowledged that he/she~h~ signed the same as his/her/~ free and voluntary act and deed, for the uses and purposes therein mentioned. $ _,:.,.,, C~..!_, ~ ~ ~lg~ry~ Public.in and for thc. State of Washinston, t, c~ .... r~Sldlng at ~ ,~-, ,3v x h. ' ¢,A%¥\'~¢'~y appointment expires: / - _ , . CITY OF BREMERTON LYIgN HORTON, Mayor :ffOV ~. F,, # .' 95062~0160 DEP AL: REEL 0865 FR 0632 W. ~UGE~ S~MP~r of Public Wor~ & Utilities I~N R. S~reme~on City Attorney STATE OF WASHINGTON ) ~ SS. CO~Y OF ~SAP ) On ~is ~y ~rmn~ly ap~ before me Lynn Ho~on, Breme~on City Mayor, the municip~ m~mfion d~fib~ in ~d that ex~ut~ the wi~in md forego~g ins~ment, md ac~owl~g~ ~d ins~ment to be ~e fr~ ~d volun~ act md d~ of ~d OU~IDE U~L~ AG~ME~ -3- (t~mU~L) Htillty2.Agt - ~nt Fora - R~vi~ 3/13~5 corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said i,~strumcnt on behalf of said corporation. GIVEN under my hand and official seal this ~ day of ~. o: -~ ih ,,,;v'~, :..4 :. N-'~tax2t Pitblirq~' an~l ~or the Sqate of Washington, ~ v~:., -,~-'~ .:/-; My appointment expires: ,.6--/o~-~n R3~CEIVED FOI~ ¥1L1NG: rr¥ CLERK. A. P. #: 9506230160 ~E~EL 0~5 Fl~ 0~ OUTSIDE UTILITIES AGRlqlqMENT (INDIVIDUAL) Utilityl.Agl - A~reeracnt Fonm - Rcvi~4 3113/95 ..... . AI~DITOR$ NOTE LEGIBIUTY FOR I~CORDING AND COPYING co,~,~ tme=c No.: 35100N UNSATISFACTORY IN A PORTION O~ THIS INSTRUMENT WHEN RECEIVED. EXHIBIT I'.EGAL DESCRIPTION THAT PORTION OF ~ NORT~L~2%ST QUARTER OF ~ NORTHF~I~ST QUARTER OF SECTION 3, TOWNSHIP 24 NORTH, PJ%NGE i EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST COR/~ER OF SAID SECTION 3; THENCE NORTH 87°57' WEST ALONG THE NORTH LINE OF SAID SECTION 468.30 FEET, MORE OR LESS, TO TH~ CENTERLINE OF ESSEX STREET; T~]~/~CE SOUTH 3°17'30" WEST ALONG SAID C]~UERLINE 317.50 FEET TO EXISTING FENCE; THENCE SOUTH 87"54'51" EAST ALONG SAID FENCE 459.24 FEET, MORE OR LESS, TO THE EAST LINE OF SAID SECTION 3; THENCE NORTHERLY ALONG T~ EAST LINE OF SAID SECTION TO THE POINT OF BEGINNING; EXCEPT THE WEST 20 FEET FOR ROAD PURPOSES; ~ EXCEPT ~""62%T PORTION OF THE NOR~{~2%ST QU/LRTER OF THE NOR%~d-EAST QUARTER OF SECTION 3, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST COP. NER OF SAID SECTION 3; THENCE SOUTH ALONG THE EAST LINE 30 FEET %X) ~ SOLVI~H M3%RGIN OF COLIN~fY ROAD AND ~ TRI/E POINT OF BEGINNING; T%IENCE NORTH 87°57' WEST ALONG SAID SOUTH MARGIN 448.30 FEET, MORE OR LESS, TO A POINT 20 FEET EAST OF THE CENTERLINE OF ESSEX STREET; THENCE SOUTH ALONG A LINE PARALLEL TO SAID CENTERLINE 90 FEET; T~NCE SOUTH 87°57' EAST 448 FEET, MORE OR LESS, TO THE EAST LINE OF SAID SECTION 3; THENCE NORTH ALONG THE EAST LINE 90 FEET TO THE TRUE POINT OF BEGINNING; AND EXCEPT THE FOLLOWING DESCRIBED PROPERTY: THAT PORTION OF THE NORT~2%ST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT TH~ NORT~'EAST COP, NER OF SAID SECTION 3; THENCE SOUTH ALONG THE EAST LINE TH~REOF 120 FEET TO ~ TRUE POINT OF BEGINNING; THENCE NORTH 87"57' WEST 90 FEET; THENCE SOUTH pARAT.T.~L WITH THE EAST LINE OF SAID SECTION 3, A DISTANCE OF 10 FEET; THENCE SOUTH 87"57' EAST 90 FEET TO THE EAST LINE OF SAID SECTION 3; T~NCE NORTH ALONG SAID EAST LINE 10 FEET TO THE TRUE POINT OF BEGINNING;