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HomeMy WebLinkAbout623 RIDDELL ROAD OUTSIDE UTILITIES AGREEMENT WIlEREAS 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 WllEREAS 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 localed at 623 Riddell Road , Kitsap County, Washington, (hereinafter "Property'), legally described as: See gxhibit "A" and the City of Bremerton (hereinafter "City"), in consideration of the mutual covenants set fortb berein including the furnishing of utilities services by the City of Bremerton, do hereby promise and agree as follows: 1. Services Provide~l. City of Bremerton shall provide utility services consistent 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. ~. Owner shall pay when due all connectiou charges, assessments, and rates established for city utilities services by City ordinance for lhe Owner's user class. 3. Use. Development of the property described above shall comply with the uses and 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. ' KITSAP COUNTY $11.00 CHCK OUTSIDE UTILITIES AGREEMENT -1- FILED-BY: BRE~ERTON CITY OF (CORPORATE/PARTNERSHIP) J~ 20, t~, 10:23 ~ K~RE'N FLYNN~ ~UDITOR u,,~,y.^~,- .~,~d ~m CLERK: GILMORE A. F. #: EL O~&, ER 2~50 4. Utility Improvements. 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 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. 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 and shill 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. DATED: ;0 ',a72-~' ~3~__W~ . 0~.. ~ O1JTSIDE UTILITIES AGREEMENT -2- (CORPORATE/PARTNERSHIP) STATE OF WASHINGTON) :SS. couNTY oF CITSA ' On this day personally appeared before me ~o l~ ;~ ( ha ~W,,~, and , of , the cor~ration/~rtnership descri~ in and that execut~ the within and foregoing instrument, and acknowl~g~ ~id instrument to be the free and voluntary act and deed of said co.ration/partnership, for the uses ~d pu~s therein mentionS, and on oath stated that h~she/they was/were authorized to ex<ute said instrument on behalf of said corporation/partnership. G1VEN under my hand and official s~l this g& ~day of ~~~ , ' · .- .o, .. No.fy Pub~ in ~ for the St~ of Washington, .,~ ~ ,~o~., .~,% . residing at: L?~ -~qc~-, ~ ~ : My ap~intment expires: 5-/~- DATED: ~-~-5 5 BY: LOUIS MENTOR, Mayor ATI'EST: A., F. #: 9;:101200170 ~-d,'~.c RL:EL 069fi FR 2152 KATHLEEN ~Y Cily Clerk AP~ ASTO FORM: D~ENTAL ¢O~ lAN R. SIEVERS, City Attorney ~, Htilities Director OUTSIDE UTILITIES AGREEMENT -3- (CORPORATFffPARTNERSItlP) Utillty.Agt - Rcvlscd ~118/92 STATE OF WASHINGTON ) : SS. COUNTY OF K1TSAP ) 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. 19c1$· GIVEN under my hand and officialsealthis /~/J'~ day of ~"-,~r/'/~ , .. ^.-~.~. ~ j.. /~. t, Nota'~"-y Public i~ and for th,e Stale of Washington, g~-::' ~" ~:'~/7}' ~,;~:'J~, residing at: t. ~ · .. My appointment expires: A. F= #: c 301200170 OUTSIDE UTILITIES AGREEMENT -4- (CORPORATE/PARTNERSHIP) Ulility.Agt - Revieed SlISD2 EXHIBIT "A" 022401-1-065-2005 SECTION 02 TOWNSHIP 24 RANGE 1 EAST (LOT A SHORT PLAT NO. 4849 RECORDED UNDER AUDITOR NO. 8901170077) THE EAST 145.65 FEET OF THE WEST 675.65 FEET OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY WASHINGTON; EXCEPT THAT PORTION LYING SOUTH OF THE FOLLOWING DESCRIBED LINE; COMMENCING AT THE NORTHEAST CORNER OF THE WEST 530.00 FEET OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE SOUTH 3*25'46" WEST ALONG THE EAST LINE THEREOF 204 FEET TO THE TRUE POINT OF BEGINNING OF THIS LINE; THENCE SOUTH 86'34'14" EAST 145.65 FEET TO TERMINATION OF THIS LINE; AND EXCEPT THE EAST 8.65 FEET OF THE WEST 538.65 FEET OF THE NORTH 180 FEET OF THE SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER; AND EXCEPT THE NORTH 30 FEET FOR RIDDELL ROAD; SUBJECT TO AND TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS, AND UTILITIES OVER, UNDER AND ACROSS A 30 FOOT WIDE STRIP OF LARD, THE CENTERLINE OF WHICH IS THE EAST LINE OF THE SOUTH 210 FEET OF THE NORTH 240 FEET OF THE WEST 675.65 FEET OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER, SUBJECT TOANEASENENT OVER THE WESTERLY PORTION AS DESCRIBED ON THE FACE O.F THE PLAT 930t2OOt70 Iii[EL 0696