HomeMy WebLinkAbout4041 WEST BELFAIR VALLEY ROAD~-~.~lj.L_/~,~ ~ ~ OUTSIDE UTILITIES AGREEMENT
WIIEREA$ 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 gzhibits A, B, and C
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. 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.
2. Use. Development of the property described above shall comply with the uses
and development standards of any comprehensive land use plan adopted pui'suant 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 Imt~rovements.
Water service to a single family dwelling located at 4041
West Belfair Valley Road, Bremerton, WA. 98312.
4. Annexatiom 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
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 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.
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 law.
6. g_0Y..gflsl~. 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 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 Ihe purchaser or transferee.
OWNER: ~
State of Washington -- .~
County of Kitsap
I certify that I know or have satisfactory evidence that Neal A. Kitzman
State of Washington
County of Kitsap
I certify that I have satisfactory evidence that David D. Shockley
is the person who appeared before me, and said person acknowledged
that ,, he signed this instrument and acknowledged it to be his
free and voluntary act for the uses and purposes mention in the
instrument.
Dated January 23~ 1992
otaty Publgc
My appointment expires August 15, 1994
CITY OF BREMERTON
LOUIS MENTOR, Mayor x.._x
A~J', EST;
KATHLEEN McC~U,.~KEY
City Clerk
____~.~TO FORM: DEPARTMENTAL APPROVAL:
-- lAN R. Sq'EVERS, City Attorney
W1LLIAM DUFFY, Utilit~-Dir~f~
TERRIE H~F~TSOIq
Municipal Services Coordinator
STATE OF WASHINGTON )
: ss. ~F_ #: 9204220074.
R'EE[ 064-2 FR 24.77
COUNTY OF KITSAP )
On this day personally appeared before me Louis Mentor, Bremerton 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 ~7~ ~
day of ,
197__.~
;' ;' N3tary Publicfin.~nd.~fo~he State .of Washington
' : : g at: 'f.~;~,~..,-.o....M~ '
: · ' '~' residin
., : ~:~ / My appointment expires:
EXHIBIT "A"
Section 32, Township 24 N., Range 1 E.; Willamette Meridian
Bremerton Waterworks Tracts
That portion of Tract 7 descibed as follows: Beginning
at the intersection of the east line of said Tract 7 and
the south margin of Navy Yard Highway
Thence N 88°38'00'' W along said margin 62 feet to the
True Point of Beginni~g;
Thence S 01 40'57" W 100.5 feet,
Thence N 88°38'00" W to west line of Tract 7,
Thence north along said west line to the south margin of
Navy Yard Highway,
Thence S 88°30'10" E along said south margin of Navy Yard
Highway 138 feet to the True Point of Beginning.
(Being Lot "A" of Short Plat No. 705 recorded under
Auditors No. 1152053)
6. F.#: 9204220074
REEL 0642 FR 2475
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Exhibit C
City o~ Br~rton
TO: Director of Utilities
FROM: Director of Community Development
City Engineer
DATE:
SUBJ: Delivery of Utility Services outside City limits.
Site: ~ 4041WestBelfair
ValleyRoad
Breme~on, WA
9~12~917
The above site and proposed development scheme has been
reviewed and found to be in conformance with the City's development
standards. As such the property is eligible to receive utility
services per Bremerton Hunicipal 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.
~ nald L. Pr~, 'AIC~- /~,~ Da~ Bak'e~" ' --
Director of Community Development City Engineer