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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 · ~ ., ::.... ~:; ~..~' .,- i ' ¢ ':. :" 4'~r ~" ~ ' ~''~" 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