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HomeMy WebLinkAbout072401-1-021-2003 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 within Kitsap County, Washington, (hereinafter "Property"), described as: SEE ATTACHED EXHIBIT "A" SEE EXHIBIT "B" 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. ]~r~tll~[~2~. 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. 2. Use. Development of the property described above shall comply with the uses and development standards of any comprehensive land use plan adopted pursuant to RCW 35.13.177and any adopted subdivision and street standards of the City of Bremerton until such time as the property is annexed to the City of Bremerton or this provision is modified in writing by the parties. 3. Utility Improvements. Water service to 5088 NW Taylor Rd. Bremerton, WA 98312 4. Annexation. Owner, by signing below, grants to the City ofBremerton a Limited Power of Attorney to include this A. greement 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 iLkD-BY: BREMERTON CiTY OF JUt ]992, 9:21 AM AR -N H_YNN, AUDITOR CLERK: VENE KY A. F. #: 9207 .500 2 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 comprd~ensive plan approved for the annexation area pursuant to RCW 3:5.13. 177, or if none has been adopted, the land uses for annexed property as set forth in tbe Bremerton Zoning Code as amended. This Power of Attorney is nonrevocable. :5. Enforcement. Violation of this Agreement may result in the immediate termination of utilities services to the above-described property as well as other remedies provided by !aw. 6. Covenant~. The undersigned further agrees that this Agreement and the promise made herein constitute a covenant running with the land and shall be binding upon the undersigned and bis heirs, successors, and assigns, and that this Agreement shall be filed for record in the office of the Kitsap County Affditor. 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. ,~. F. #: ~207 150062 REEL 065~ FR 255ze OWNER: Weste~ton Corporation of Seventh-day / / / Adventists State of Washington 5088 NW Taylor RD Bremerton, WA 98312 County of Kltsap i certity that i know or have satisfactory evidence that G.D. Brass & Roy A. Wesso: are~M the persoaswho appeared before me, and said personS acknowledged that they signed this instrument and acknowledged it to be theirfree and voluntary act for the uses and purposes mentioned in the instrument. ---- \\ No ' ~\'0 'V::¢ '~ CITY OF BREMERTON DATED: ~,)~/~'L- BY: AN.,..~_~ ~fi~ LOUIS MENTOR, Mayor " APPROVED AS TO FORM: DEPARTMENTAL APPROVAL: IAN f~. SIEVERS, City Attorney WILLIAM DUFFY, Urdity ~ir~' ~RiE H~ON Municipal Services Coordinator STATE OF WASHINGTON ) ~. F. #: 920-/! 50062 : ss. REEL 0658 F[~ 2555 COUNTY OF KITSAP ) On this day personally appeared before me Louis Mentor, Bremerton City Mayor, and Kathl~n L. McCluskey, Bremerton City Clerk, of the City of Bremerton, the municipal co~oration describ~ in and that executed the within and foregoing instrument, and ac~{owi~g~ said instrument to b~ the free and volun~ry act and deed of said corporation, for the uses ~d pu~oses therein mentioned, and on oath stated that they were authorized to ex,ute said instrument on behalf of said co~oration. i~GIVEN under my hand and officialseal this ~ day o~ N ~ ~blic i~ ~dr the S~e of Washington, residing at: ~~ _ / /_ ~ I- EXHIBIT That portion of the South half of the Southeast quarter of the Northeast quarter of Section 7, Township 24 N., Range 1 E.; W.M. described as follows: Beginning at a point on the South line of the Northeast quarter of said Section 7, S 89°58'30'' W a distance of 573.1 feet from the Southeast quarter thereof; thence S 89°58'30'' W along said South line a distance of 404.2 feet; thence N 20°00, E a distance of 434.2 feet; thence S 72°37'30'' E a distance of 399.7 feet; thence S 62°34' E a distance of 64.4 feet; thence S 39"23' E a distance of 54.7 feet; thence S 57°52· W a distnce of 100 feet; thence S 88°56'30'' W a distance 55 feet; thence S 6"33' W a distance of 181.4 feet to the Point of Beginning. A.F.#: 207150062 REEL 0658 FR 2556 MUNICIPAL UTILITIES · LOUIS MENTOR, MAYOR Gateway to the Ol$,mpics and Home of the Puget Sound Naval Shipyard May 1, 1992 TO: Bill Duffy Ian Sievers Terrie Hartson Louis Mentor Kathleen McCluskey FROM: Derek Skanes, Water Utilities SUBJECT: Outside Utilities Agreement Attached are two original copies of the Outside Utilities Agreement for Tax Assessor's Lot No. ~g~l-[-O~-i-2C>O~ owned After it is signed by the above and recorded with the Kitsap County Auditor, please send us the signed duplicate original copy for our files. We will forward a copy to the property owner. Thank you for your cooperation. Sincerely, Derek Skanes Ehgineering Tech. III /jrm Encs. 3027 OLYMPUS DRIVE S BREMERTON, WA 98310-4799 ~ (206) 478-5318