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HomeMy WebLinkAbout4924 NW TAYLOR RD OUTSIDE UTILITIES AGREEMENT WIIEREAS 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 WtlEREAS 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 WIIEREAS the undersigned, as owner of a parcel outside the City of Bremerton, has made application for city utilities; NOW,TIIEREFORE, the undersigned owner (hereinafter "Owner")of real property located at 492A IAYI,OR ROAD ., Kitsap County, Washington, (hereinafter 'Property"), legally described as: $$ I. [~KIT~t~p C{gNTY C~K sm~ [~x-[]~XT "A" FlIED-BY: BREMERT~ ~!IY ~ F, AliEN FLY}iN, AUDITOR CLERK: L0~N 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 servides consistent with scrvice areas defined by tbe 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 al{ connection charges, assessments, and rates established {'or 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 pursnant to RCW 35.13.177and any adopted subdivision and street standards of the City of Bremerton. UTILITIES AGREEMENT -1- OUTSIDE (INDIVIDUAL) Ufilily. Ag! - Revised 8/18192 4. Utility Improvemenls. ~/ATER SERVICE TO A SINGLE FAHILY RESIDENCE LOCATED ON TAYLOR ROAD, BRENERTON~ ~A. 5. Annexation. Owner, by signing below, grants lo 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, tire 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 tire 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 tire promise made herein constitute a covenant rnnning with the land and shall be binding upon tire 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): \\ OUTSIDE UTILITIES AGREEMENT -2- (INDIVIDUAL) Utility. Agt - Revised 8/11t/92 STATE OF WASHINGTON ) 2 SS. COUNTY OF KITSAP ) On this day, before me, the undersigned, a Notary Public in and' for the Stale of Washington, personally appeared Robert E. & Haze~_ F. Tucker ., 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 his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. · GIVEN under my hand and official seal this 15~:h day of aanuar¥ 19 93. ' Notar30~Public in'nd for the State of Washington,, residing at: port Orchard, WA 98366 My appointment expires: LOUIS MENTOR, Mayor City Clerk APPROVED AS TO FORM: DEPARTMENTAL APPROVAL: IAN'~. SIEVEI~S, City Attorney ~l~~lilities Director OUTSIDE UTILITIES AGREEMENT -3- (INDIVIDUAL) STATE OF WASHINGTON ) 2 SS. COUNTY OF KITSAP ) On this day personally appeared before me Louis Mentor, 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 instrument tO be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that lhey were authorized to execute said instrument on behalf of said corporation. GIVEN under my hand and official seal this .ff,~:/ day of 19~. ' / ~g...~, UOIAPr ,:~,.:~:~ i~f~ary P~blic I~and for the St,a~ of Washington,' residing at: A.F.t: 931~{t7{]1367 REEL O7Ot FR ~2 OUTSIDE UTILITIES AGREEMENT -4- (INDIVIDUAL) Ulili~y. Agt - Revised 8118/92 Portion of the Southeast Quarter of the Northeast Quarter of Section 7, Township 24 N., Range i E.~ W.M., described as follows: Beginning 313.05 feet North and 473.02 feet West of the quarter corner between Sections 7 and 8, Township 24 N., Range i E.~ W.M.~ thence N 88°56'30"E 227.38 feet to center line of Wild Cat Creek~ as agreed to between Taylor, David, Miller, and Trewin, the abutting property holder~ thence following said agreed center line of creek, N 29°31'20"E 258.42 feet~ thence N 88°51'10"W 160.32 feet~ up center line of Dry Creek~ thence N 2§°50'30"W 66.52 feet, leave Dry Creek, thence N 29°31'20"W 335.00 feet to point of beginning~ EEL' F. I: 931321.70067 OTCIt I='N