HomeMy WebLinkAbout629 RIDDELL ROAD 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 parcel outside the City of Bremerton, has
made application for city utilities;
NOW,THEREFORE, the undersigned owner (hereinafter "Owner") of real property
located at 629 Ridde11 Road
, Kitsap County, Washington, (hereinafter '~roperty'~,
legally described as: I(ITS~P COUNTY
See ga[hibit "A" Si1, ~0 CHCK
FILED-BY: BRE~ERTON CITY OF
CL£RK: (~[L~R~
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. S~rvices 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. R~e$ 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
of Bremerton. '
OUTSIDE UTILITIES AGREEMENT -I-
(CORPORATFdPARTNERSHIP) ~ O~6 FR 2155
O61ity.Agt - Revised 8/18/92
4. Utility lmprov~:mcnt$.
EL 0696 FR 2~5/~
5. Annexation. Owner, by signin§ below, grants to thc City of Brcmerton a Limited
Power of Attorney to include this A§reemcnt as Owner's consent to the annexation of tile
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 reqnire
Ihe concurreqt 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 immediale
terminatiou 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 the promise
made herein constitt, tea covenant running with the land and shall be binding npon 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 lransfer
of lhe above-described property will be conditioned on exectltion and filing of a dnplicate
copy of this outside utility agreement by the purchaser or transferee.
OWNER: ~ '~~...,''~ ~
I A 1 ED BY:
BY:
OUTSIDE UTILITIES AGREEMENT -2- (CORPORATE/PARTNERSHIP)
STATE OF WASHINGTON )
: SS.
COUNTY OF KITSAP )
On this day personally appeared before me ~.~J~.; ~- ~;~ ,and
, of , the
corporation/partnership 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/partnership, for the uses and purposes therein mentioned, and on oath stated
that he/she/they was/were authorized to execute said instrument on behalf of said
corporation/partnership.
GIVEN under my hand and official seal this i30 ~/ day of t~7~.~
1902-. '
":: 'c it0'ra'%' '~":J Notary Pu0ic in_and fo{ the./JState of Washington,
' ,, :'~ ~.~' / :..--' residing at: ~£~.~L~-'
., ~..... My appointment expires: .5'- /:~- ~.~
DATED:. I-~-fi3 BY: ~._d,---, ~"~t/~ ~
LOUIS MENTOR, Mayor
ATTEST: ,~,. F= #: 9301200171
~._ v~,.L,_..,~ REEL 0696 FR 2157
KATHLEEN McCLUSKEY
City Clerk
APPROV.~ AS TO FORM: DEPA, J~MENTAL] AP]~ROVAL:
IAN IL S1EVERS, City Attorney .~I~t'A~I*y, Utilities Director
OUTSIDE UTILITIES AGREEMENT -3-
(CORPORATE/PARTNERSHIP)
Ulility.Agt - Revised 8/18192
STATE OF WASHINGTON )
~ SS.
COUNTY OF KITSAP )
On this day personally appeared before me Louis Mentor, Bremerton City Mayor,
and Kathleen L. McCluskey, Bromerton 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~. GIVEN under myhand and officialseal this /7~dayof ['"fl~/q~,tO~ ,
$~'7, T& N0lt, h~r'~.7~ ~. Notary Public in and for the State of Washington,
~. . _ . ~ residing at: _
~,% ~. PUBLIC f ~. ,~ My appointment expires: /'0/q/~(/
't.';'>OoA , -,
A. F. #: 9301200171
OUTSIDE UTILITIES AGREEMENT -4-
(CORPORATE/PARTNERSHIP)
EXItlBIT "A"
022401-1-066-2004
SECTION 2 TOWNSHIP 24 RANGE 1 EAST
(LOT B SHORT PLAT NO. 4849 RECORDED UNDER AUDITOR NO. 8901170077)
THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 2,
TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON;
EXCEPT THE WEST 675.65 FEET; AND EXCEPT THE EAST 496 FEET AS
MEASURED ALONG THE NORTH LINE THEREOF; AND EXCEPT THE NORTH 30 FEET
FOR RIDDELL ROAD: AND EXCEPT T~AT PORTION LYING SOUTH OF THE
FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHEAST CORNER OF THE
WEST 675.65 FEET OF SAID NORTHWEST QUARTER OF THE NORTHEAST
QUARTER; THENCE SOUTH 3*25'46" WEST ALONG THE EAST LINE THEREOF 220
'FEET TO THE TRUE POINT OF BEGINNING OF THIS LINE; THENCE SOUTH
86'34'14" EAST 136.27 FEET TO THE POINT OF TERMINATION OF THIS
LINE; SUBJECT TO AND TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS
AND UTILITIES OVER, UNDER, AND ACROSS A 30 FOOT WIDE STRIP OF LAND,
THE CENTERLINE OF WHICH IS THE EAST LINE OF THE SOUTH 210 FEET OF
THE NORTH 240 FEET OF THE WEST 675.65 FEET OF SAID NORTHWEST
QUARTER OF THE NORTHEAST QUARTER.