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HomeMy WebLinkAbout3900 BLOCK COUNTRY LANE OUTSIDE UTILITIES AGREEMENT WtlEREAS the Bremerton Municipal Code requires property 'Outside Ihe 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 WIIEREAS 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 WtlEREAS the undersigned, as owner of a parcel outside the City of Bremerton, has made application for city utilities; NOW,TtIEREFORE, the undersigned owner (hereinafter "Owner") of real property located at 3900 block Country Lane ., Kitsap County, Washington, (hereinafter "Property'), legally described as: ~ ~'" COUNTY 082401-2-086-2002 ~ ~., Do ,i ,SAP CHCK ~iLEL)-BY: BREIiERTON CiTY OF' See Exhibit "A" ~q ~ 1~2~ t:22 ~ ~AREN FLYNN~ AUDITOR ~,Lf.K~. GiLPiORE and the City of Bremerton (hereinafter "City"), in consideration of the mntual covenants set forth herein including the fi~rnishing of utilities services by the City of Bremerlon, do hereby promise and agree as follows: 1. Se~ices Provide. City of Bremerton shall provide utility semites consistent wiU~ service areas defined by the City comprehensive utility plans as amended, and lerms and conditions of a current l.~tter of Availability from the Bremerton Utilities Department. 2. Rates and Charges. Owner shall pay when due all connection charges, assessmenis, and rates established for city utilities semites by City ordinance for U~e Owner's user class. 3.' Use. Development of the property describ~ above shall comply with the rises aod development standards of City of Bremerton comprehensive land use plan adopled pursnant to RCW 35.13.177and any adopted subdivision and street standards of ~he City of Bremerton. ~.F.~: 92i1090204 OUTSIDE UTILITI~ AGREEME~-1- ~EEL 0682 FR 16_59 (INDIVIDUAL) 4. Utility Improvements. Water main extension to service a 4-lot short plat for 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 .re,nerton. The annexation petition supported by this Power may include proportional assumption of the City indebtedness by the ar~ to be annexed. The petition shall require the concurrent adoption of land uses designated in any urban fringe comprehensive plan approved for the annexation ar~ pursuant to RCW 35.13. 177, or if none has been adopted, lhe land uses for annexed property as set forth in the Bremerton Zoning Code as amended. This Power of Attorney is nonrev~able. 6. Enforcement. Violation of this Agreement may result in the immediate lermination of utilities se~ices to the above-described property as well as olher remedies provided by law. 7. Covenants. The undersigned further agrees that this Agreement and lhe promise made herein constitute a covenant running with the land and shall be binding t]pon the nndersigned and his heirs, successors, and assigns, and that this Agreement shall be Bled for record iu the office of tine Kitsap County Audilor. Owner agrees that any sale or lransfer 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(S): ~olleen Ambauen OUTSIDE UTILITI~ AGREEMENT -2- (INDIVIDUAL) E. ~4051 ~y. ~06 Utili~y. Agl -Revi~ed 8118192 BelfaSt, ~A 9~528 STATE OF WASHINGTON ) -"r'~ ~: ss. COUNTY O~ ) On this day, before me, the. undersigt!ed, a Notary Public in and' for ~he State of Washington, l~.rsonally appeared ,.~,/4L.zlr~)z-,41e/~...0a~//totoro/z)/-t~/x/.d~,tl~ 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 vohmtary act and deed, for the uses and purposes therein mentioned. ¢.o~GIVEN under my hand and official seal this L-/~d'tay of ~, Notary Public in_and for t~e'"~t~' o~/Washin£f0n; residing at: ~ _ _ . My appointment ex~Ires: _ ~ -,~ t9 - / 9' ~ DATED: Le:,,~,,O..%~I,~_ BY.:- '~ '~ ~ LOUIS MENTOR, Mayor ATTEST: City Clerk ~ED AS TO FORM: DEPARTMENTAL APPROVAL: IAN R. SIEVERS, City Attorney WILLIAM DUFFY, Utilities OUTSIDE UTILITIES AGREEMENT -3- (INDIVIDUAL) UIHily. Agl - Rev|sed 811~t/92 STATE OF WASHINGTON ) : SS. COUNTY OF KITSAP ) On th{s day personally appeared before me Louts Mentor, Breme~t°n 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. GIVEN under my hand and official seal this | 9 c/.~ , Notary Public in and for the State of Washington, residing at: ~ My appointment expires: OUTSIDE UTILITIES AGREEMENT -4- (INDIVIDUAL) Ufilily. A~l - Revi~ed 1/18/92 EXHIBIT SECTION 08 TOWNSHIP 24 RANGE 1E THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER DESCRIBED AS FOLLOWS: COMMENCING AT THE ~NORTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER THEN NORTH 88*32'20" WEST ALONG THE NORTH LINE THEREOF 533.07 FEET TO THE POINT OF BEGINNING THEN SOUTH 9*30' EAST 267.16 FEET THEN SOUTH 2*58'58" WEST 177.23 FEET THEN SOUTH 87*04'55" EAST 19.45 FEET THEN SOUTH 2*35'05" WEST 162.89 FEET THEN SOUTH 73'59'17" WEST 179.68 FEET THEN SOUTH 2*58'58" WEST TO THE SOUTHEAST CORNER OF THE WEST 30 FEET OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER THEN WEST ALONG THE NORTH LINE THEREOF 30 FEET TO SOUTHWEST CORNER OF SAID SUBJECT PROPERTY THEN NORTH 2*58'58" EAST ALONG THE WEST LINE THEREOF TO THE NORTHWEST CORNER OF SAID SUBJECT PROPERTY THEN SOUTH 88*32'20" EAST 116.28' TO THE POINT OF BEGINNING TOGETHER WITH AN EASEMENT OVER THAT PORTION OF THE EAST 10 FEET OF SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND THAT PORTION OF THE WEST 30 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER LYING NORTH OF COUNTRY LA~E.