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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.