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HomeMy WebLinkAbout4951 PINE RD OUTSIDE UTILITIES AGREEMENT WltEREAS 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 t5.03.040); and WtIEREAS the City of Bremerton has a pri~nary 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,TItEREFORE, the undersigned owner (hereinafter "Owner")of real property located at 4951 Pine Road NE ., Kitsap County, Washington, (hereinafter "Property'), legally described as: $ii,00KITSAP COUNTY CHCK See ~ibit "A" FiLkO-BY: BREMERTON CITY OF ~ 9, 1~2, t:25 I~ KAREN FLYNN, AUDITOR CLER!C filLMORE 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. Services Provided. City of Bremerton shall provide utility services cousistent 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 the property described above shall comply with the uses aud 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. ~,. F. #: 9211090207' OUTSIDE UTILITIES AGREEMENT -1- REEL 0682 ER (CORPORATE/PARTNERSHIP) Ulility.Agt - Revised 8118/92 4. Utility Improvements. Water and Sewer service to a single family residence. 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 presented to the City of 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, 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 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 the promise made herein constitute a covenant running with the land mid shall be binding upon 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 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: ~ Gates Construction BY: OUTSIDE UTILITIES AGREEMENT -2- 3oe Gates Construction P.O. Box 688 Poulsbo, 98370 (CORPORATE/PARTNERSHIP) STATE OF WASHINGTON ) : SS. COUNTY OF KITSAP ) On this day personally appeared before me Joe L. Gates , and N/A ,, of Joe Gates Construction , [he 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 5th day of June 1992. ' Notar~Public in ~d for the State of Washington, residing at: Port Orchard, WA 98366 My appointment expires: =-~,,=~- 35, 3994 LOUIS MENTOR, Mayor ATTEST: KATHLEEN McCLUSKEY City Clerk APPROVED AS TO FORM: DEPARTMENTAL APPROVAL: IAI,~. SIEVERS, City Attorney WILLIAM DUFFY, or OUTSIDE UTILITIES AGREEMENT -3- (CORPORATE/PARTNERSHIP) Ulilily.Agl - Rcvir, ed BII1~/92 STATE OF WASHINGTON ) · SS. COUNTY OF K1TSAP ) On this day personally appeared before me Louis Mentor, Bremerton City Mayor, aud 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, lbr the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument on behalf of said corporation. GIVEN under my hand and official seal this A,,9~0 day of .AJ0t~eae/~'ota , ~. '; Notary Public in and for the State of Washington, : ~ residing at: /'~'~,r.~/--z//sa'O--~t/ · v,; P · My appointment- expires: Y ~ OUTSIDE UTILITIES AGREEMENT ~4- (CORPORATE/PARTNERSHIP) Utillty. Allt - Revi,¢d 8118192 EXHIBIT "A" LEGAL DESCRIPTION PARCEL III: THE WEST 90 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THE NORTH 130 FEET OF THE NORTH 260 FEET OF THE EAST 300 FEET OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 25 NORTH, P~ANGE i EAST, W.M. PARCEL IV: AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER THE SOUTH 30 FEET OF THE NORTH 145 FEET OF SAID NORTH 260 FOOT TRACT. ALL PARCELS SITUATE IN KITSAP COUNTY, WASHINGTON. 0 p y City of Bre~nerton TO: Director of Utilities FROM: Director of Community Development City EnGineer DATE: SUBJ: Delivery of Utility Service~ outside City limits. Site: z~,,2~/ /D,~e ~_ -- ~ ~ ~ W~OI' ~. ~ '~ The above site and proposed development ~cheme has been reviewed and found to be in conformance with the City's development standards. As such the property i~ eligible to receive utility services Der Bremerton Municipal Code 15.01.040 and 15.03.040. Conditions and limitations of this approval are listed below. Attachments included as part of conditions and limitations. Do~'ald L. Pratt, AICP ~a~T-d 'Bake~-- Director of Community Development City EnGineer