Loading...
HomeMy WebLinkAboutPHEASANT RUN PLAT FiLED-~¥: BREMERi'ON CITY KAREN FLYNN, AUDITOR CLERK; CHIPPS A.F.t: 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 tile City of Bremerton has a primary obligation to its citizens to allocate limited service resources for adequate growth and development within the City; and WIIEREAS the undersigned, as owner of a parcel outside the City of Bremerton, has made application for city utilities; NOW,TIIEREFORE, the undersigned owner (hereinafter "Owner") of real property within Kitsap County, Washington, (hereinafter "Property"), described as: Sgg. gXIIIBITS A, B, AND C and the City of Bremerton (hereinafter "City"), in consideration of tile mntual covenants set forth herein including the furnishing of utilities services by the City of Bremertou, do hereby promise and agree as follows: 1. Rte nd Ch rg_eJ.. 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 pursuaut to RCW 35.13.177and any adopted subdivision and street standards of the City of Bremerton nntil such time as the property is annexed to tile City of Bremerton or this provision is modified in writing by the parties. 3. Utility Improve~nent~. Utility '~'ater service for the PI~_T OF PItI~.$AW~ RUN. 4. Annexation. Owner, by signing below, grants to the City of Bremerton 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 tile City of ~remerton. 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. Covenanl~. The undersigned further agrees that this Agreement and the promise made herein constitute a covenant running with the land and shall be binding t,pon the undersigned and his heirs, successors, and assigns, and that this Agreement shall be filed for record in the office of the Kitsap County Additor. Owner agrees that any sale or Iransfer 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: / State of Washington ~C Inc. County of Kitsap I certify that I know or have satisfactory evidence that Henry B. Marcotte 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 mentioned in the instrument. Dated:. O~anuarv 22, 1992 \\ ::,ta~(~ Pnb] tq~ \~ My appointment expires August 15, 1994 CITY OE BREMERTON LOUIS MENTOR, Mayor A~EST: KATHLEEN McCLUSKEY City Clerk APPROVED AS TO FORM: DEPARTMENTAL APPROVAL: RS, City Attorney ' WILLIAM DUFFY, Utility ~gillr~or TERRIE HARTSON Municipal Services Coordinator STATE OF WASHINGTON ) COUNTY OF KITSAP ) On this day personally appeared before me Louis Mentor, Bremerton City Mayor, and Kathleen L. McCluskey, Bremerton City Clerk, of Ihe City of Bremerton, the municipal corporation described in and that executed lhe 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 staled that they were authorized to execute said instrument on behalf of said corporation. GIVEN under my hand and official seal lhls .dT~, day of 197 .g~ , -.' '~-~ Notary Pu m, oand for the~ Slate of Washington, ~: J ~ ~ residing at.'~ "~.~~.~.~ · 6~'-~ '~ .My appointment expires: .4' ' EXHIBIT "A" ORDER NO.: 32003729 LOT D OF KITSAP COUNTY SHORT PLAT NO. 4108, RECORDED UNDER AUDITOR'S FILE NO. 8608260186, DESCRIBED AS FOLLOWS: ALL OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, SECTION 35, TOWNSHIP 25 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON; EXCEPT THE SOUTH 30 FEET CO~gEYED TO KiTSAP COUNTY, WASHINGTON FOR COUNTY ROAD BY DEED RECORDED UNDER AUDITOR'S FILE N0. 898172; AND EXCEPT THE EAST 30 FEET CONVEYED TO KITSAP COUNTY FOR PINE ROAD BY DEED RECORDED UNDER AUDITOR'S FILE N0. 819646; AND EXCEPT THE FOLLOWING DESCRIBED PROPERTY: THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, SECTION 35, TOWNSHIP 25 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 30 FEET WEST AND 30 FEET NORTH OF THE SOUTHEAST CORNER OF SAID SUBDIVISION; THENCE WEST ALONG THE NORTH LINE OF COUNTY ROAD, 120 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUE WEST ALONG THE NORTH LINE OF SAID COUNTY ROAD, 100 FEET; THENCE NORTH PARAbLEL TO THE EAST LINE OF SAID SUBDIVISION, 120 FEET; THENCE EAST PARALLEL TO THE NORTH LINE OF COUNTY ROAD, 100 FEET; THENCE SOUTH PARALLEL TO THE EAST LINE OF SAID SUBDIVISION, 120 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THE WEST 310 FEET OF THE SOUTH 200 FEET THEREOF; AND EXCEPT THAT PORTION OF LOT D OF SHORT PLAT NO. 4108 RECORDED UNDER AUDITOR'S FILE NO. 8608260186, BEING A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 25 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: CO~_~ENC!N~ AT T~E NORTHEAST CORNER OF LOT C OF SAID SHORT PLAT; THENCE NORTH 00'00'00" EAST ALONG PROJECTED EAST LINE OF SAID LOT C, 73.00 FEET; THENCE NORTH 75'45'00" EAST 151.00 FEET; THENCE SOUTH 10'24'43" EAST 36.77 FEET; THENCE SOUTH 00'00'00" EAST 86.00 FEET; THENCE NORTH 90'00'00" WEST 153 FEET TO THE EAST LINE OF ABOVE SAID LOT C; THENCE NORTH 00'00'00" EAST, ALONG SAID EAST LINE, 12.00 FEET TO THE POINT OF BEGINNING. END OF EXHIBIT "A" Page 1 Exhibit ; C~ FAIR ROUNI)S ROAD ~,, ~ McWlLLIAMS ROAD PROJE~'~ j ~ RIDDLE ROAD VICINITY MAP SHEET INDEX SHEET TITLE ~O COVER SHEET & TEMPORARY EROSION CONTROL PLAN 2 ROAD, WATER & STORM DRAINAGE PLAN ~ PROFI~ 3 WATER SYSTEM DETAILS & NOTES STORM DRAINAGE DETAILS&NOTES ExhSb~t C City of Brea~rton TO: Director of Utilities FROM: Director of Community Development City Engineer DATE: I -- ~_--~ ~ SUBJ: Delivery of Utility Services outside City limits. 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~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.