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HomeMy WebLinkAbout3749 NW COUNTRY LANE 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 WItEREAS 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 ora parcel outside the City of Bremerton, has made application for city utilities; NOW,TIIEREFORE, the undersigned owner (hereinafter "Owner")of real property located at 3749 N.W. ~ lANE , Kitsap County, Washington, (hereinafter 'l~roperty"), legally described as: KITE;tiP COUNTY $11, DO CHO~ u,~x ~-,-t~ "a" FILED-BY: BRE~RTON CITY OF APR 6, t993, 9:~7 XAREN FLYNN~ AUDITOR CLERK: LOGAN and the City of Bremertou {hereinafteF "City"), in consideration of the mutual covenants set forth herein including tile 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 consisteut 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 tile 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. A. F. ~: 9~04~ENf~O025 OUTSIDE UTILITIES AGREEMENT -1- I;[IEL:'l_ 07t0 ER 0006 (INDIVIDUAL) Ulilily. Agl - Revised ~1111192 4. Utility Improvements. 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 preseuted 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 Ihe 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 ameuded. This Power of Attorney is nonrevoeable. 6. Enforcement. Violation of this Agreement may result in the immediate termination of utilities semices to the above-described property as well as other remedies provid~ by law. 7. Covenants. The undersigned fi~rther agrees that this Agreement and the prmnise 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 Agr~ment shall be filed for record iu the office of the Kitsap County Auditor. Owner agrees that any s~le or transfer of lhe above-described property will be conditioned on execution and filing of a duplicale copy of this outside utility agreement by the purchaser or transferee. OWNER(S): OUTSIDE UTILITI~ AGREEME~-2- ~ O710 FR OOO (INDIVIDUAL) Ull}[ly. Agl - Rev}~ed 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 eonJ: Kerap , 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 9th day of ~'ebruary , 19 9__3. Notary ~u~lic in ~tm.q,~ a~d for the State of Washington, residing at: port Orchard~ Washington My ppoi ' a ntment expires: ~ ...... ~- lq. 1994 CITY OF~BREMERTON LOUIS MENTOR, Mayor ATTEST: KATHLEEN Mc~LUSKEY ~,, F. #: 9Zi2~.[M~O025 City Clerk REEL 0710 FR 0008 ,._ ~?D AS TO FORM: DEPARTMENT~PPROVAL: lAf',l R. SIEVERS, City Attorney \\ \\ OUTSIDE UTILITIES AGREEMENT -3- (INDIVIDUAL) STATE OF WASHINGTON ) : SS. COUNTY OF KITSAP ) On this day personally appeared before me Louis Mentor, Breme~ton 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 they were authorized to execute said instrument on behalf of said corporation. 19 ~.~. ~ ' ~ ~'~ ~.i.~ Public in and for the State of Washington, i '~- at: _ ~ e~L4t'o appointment expires: OUTSIDE UTILITIES AGREEMENT -4- (INDIVIDUAL) Ufilhy. Agt - Revised 8/Ig/92 The south 142.50 feet of the ~llowtng described properS, the north 285 feet of that portion of northwest quarter of southeast quarter of Section 8, Township 24 North, Range 1 East, W.M., described as follows: Beginning at a point 483.00 feet'west of the northeast corner of said northwest quarter of southeast quarter; thence north 88°3g'52. west 100 feet; thence south 2°42'10" west 375 feet; thence south 88°39'52" east 100 feet; thence north 2°42,10" east 375 feet to point of beginning.. TOGETHER WITH an easement fo~ ingress and egress over the east 30' feet of the following described parcel: That portion of the northwest quarter of the southeast quarter, Section 8, Township 24 North, Range 1 East, W.H., in Kitsap County, Washington, described as 'follows: Beginning at the northeast corner of said subdi- vision; thence north 88°3g,52,, west along the north line thereof 583.00 feet to the true point of beginning; thence continuing north 88°39'52 west along said nqrth line 138.61 feet; thence south 2°42'10" west 178.23 feet; thence south' 63°17'50. east 99.73 feet; thence along a curve to the right having a radtus of 80 feet, a distance of 92.15 feet to point south 2°42'10'' west 295 feet, more or less, from the true point of beginning; thence north 2°42,10" east 295 feet, more or less, to the true point of beginning; EXCEPT the north 90 feet thereof. I~tEEL 0710 FR MUNICIPAL UTILITIES · LOUIS MENTOR, MAYOR February 3, 1993 C.H. Youngberg P.O. Box 719 Gorst, Wa. 98337 R e: Conditional Water Availability ~ ~ Tax Lot $4600-026-048-0104 Dear Mr. ¥oungberg, ~ % In response to your application for water service at 1609 Charleston Beach Road, ity of Brem·rton is pleased to advise you that your project iS ·ituated within the City's Municipal Utilities service area. The Utility h·e facilities and adequate supply to provide water ·ervice to your proposed project and the reque·ted service is conditionally available to this project as follow·: Permitted Land Use Availability of utility service is limited to a ·ingle family residence on the property discussed herein. The propo·ed project is located in the Southwest quarter of Section 22, Township 24 N., Range I E., Willamette M·ridisn; TaX Assessor's Lot Number 4600-026-048-0104 at 1609 Charleston Beach Road (property site drawing attached). Any change in this designated land use or property description will require a new application and render this notice of conditional utility availability null and void. Water service is available within the Charleston Beach Road right-of-way and consists of a 12-inch ductile iron main located along the south side of the road. The water system pressure is estimated to be 100 pounds per sqt~are inch. Land Use and Development Standards ComDliancA Availability of utility service shall be subject to complisnc· with the City of Bremerton Comprehensive Land Use Plan ·nd development standards and city street and ·ubdivl·ion standards. 3~7 OLYMPUS DRIVE · BREMERTON, WA 98310-4799 · (206) 4'78-5318