HomeMy WebLinkAbout381 NE MCWILLIAMS CT 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 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
located at qS~ ~'F. Mc.~'illqnrae Er~r~- !a, .r ,:, ,~ ,:, r ~- ,-, ~ TgA
, Kitsap County, Washington, (hereinafter 'Property'3,
legally described as:
See Exhibit "A"
KARE~4 FLYNN~ AUDIIOR
a.d the City of Bremerton (hereinafter "City"), in consideration of the mutual covenants
set forth herein including the fur.ishing of utilities services by the City of Bremerton, do
hereby promise and agree as follows:
1. Services Provided. City of Bremerton shall provide utility services consistent with
service areas defined by the City comprehensive utility plans as amended, a.d terms and
conditions of a current Letter of Availability from the Bremerton Utilities Departme. t.
2. Rates and Charges. Owner shall pay when due all connection charges,
assessments, and rates established for city utilities services by City ordinance for the Ow.er's
user class.
3. Use. Development of the property described alcove 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.
OUTSIDE UTILITIES AGREEMENT -1- REEL 06/52 FR 1690
(INDIVIDUAL)
4. Utility Improvements.
Water service to single family dwelling
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. ~f_
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 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 ttm 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: ~--/--q2. //~ '
STATE OF WASHINGTON )
: SS.
COUNTY OF KITSAP )
On this day, before me, the undersigned, A Notary Public in
and for the State of Washington, personally appeared Terrie
O'Neill, to me known to be the individual described in and who
executed the within and foregoing instrument, and acknowledged that
she signed the same as her free and voluntary act and deed, for the
uses therein mentioned.
,~ ~ ~ my hand and official seal this 20th day of October
~ i,: ~ : /..D~rl~ne Herman, Notary Public in and for
~. ~ "~ · ~e state of Washington,
. residing at Kitsap County
Appointment expires: {0'~
STATE OF WASHINGTON )
: SS.
COUNTY OF KITSAP )
On this day, before me, the undersigned, a Notary Public in and' for the State of
Washington, personally appeared w±~.~_±ara p. O'Ne±~-~- , to me known
to be the individual(s) described in and who executed the within and foregoing instrument,
and acknowledged that he/sh~qhey signed the same as his/her/~hei~ free and voluntary act
and deed, for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this xst day of September ,
19 9__~.
'..'<' Notar~TPublic ir~nd for the State of Washington,
· '' residing at: Port Orchard, WA 98366
.. ..... : My appointment expires: ~,,g,,~e l~, ] 994
C BREM
Louis MENTOR, /ay r U
AWFEST:
City Clerk
AS TO FORM: DEPARTMENTAL APPROVAL:
IAN'Ik~. SIEVERS, City Attorney W'I~LIAM DUFFY, U~flitie~ ~i~ctor
OUTSIDE UTILITIES AGREEMENT -3-
(INDIVIDUAL)
Ulilily.^gt - Revised 8/18/92
STATE OF WASHINGTON )
: SS.
COUNTY OF KITSAP )
On this day personally appeared before me Louis 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 o¢0~'~ day of (~)C.~LO~ ,
~ ~ :; Notary Public in and for the State of Washington,
~.~ residing at: t~e,,L-j~O~
~.-!7; ~My appointment expires: /0 ? ~,/97
o,. F'. #: 921
OUTSIDE UTILITIES AGREEMENT -4-
(INDIVIDUAL)
Utilily. Agl - R~vi~ed 8/18/92
EXHIBIT
a. F. #: S~21105~02!
REEL 0~2 FR
352501-2-083-2001
~SECTION 35 TOWNSHIP 25 RANGE 1E
LOT A SHORT PLAT 5642 AS RECORDED UNDER AUDITOR'S FILE NO.
9103110101: BEING THE NORTH 150 FEET OF THE FOLLOWING DESCRIBED
TRACT: THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, SECTION
35; TOWNSHIP 25 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY,
WASHINGTON, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE WEST HALF OF THE SOUTHWEST
QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER, SAID
SECTION 35; THENCE N0*47'E 661.69 FEET; THENCE N88*32'22"W 232.72
FEET TO THE CENTER OF THE ROAD; THENCE FOLLOWING SAID ROAD S0*37'E
138.54 FEET; THENCE S42'56'W 270.78 FEET; THENCE LEAVING SAID ROAD
S54'57'E 309.14 FEET; THENCE S16*39'W 155.23 FEET; THENCE $88'39'E
200.00 FEET MORE OR LESS, TO THE POINT OF BEGINNING. EXCEPT THERE
FROM A STRIP OF LAND 15.0 FEET WIDE FOR ROAD PURPOSES ALONG THE
WESTERLY BOUNDARY THEREOF AS DESCRIBED IN QUIT CLAIM DEED FILED IN
BOOK NUMBER 202 OF DEEDS, PAGE 11, AND RECORDED UNDER AUDITOR'S
FILE NO. 246306.
City of Bret~erton
TO: Director of Utilities
DATE:
SUBJ: Delivery of Utility Services outside City llmita.
The above aite nnd proposed development ncbeme has
reviewed and found to be in conformance with the City's
Comprehensive Plan. As m]ch the property i~ eligible to receive
utility nervicem per Bremerton Municipal Code 15.01.0d0 and
15.03.0a0. Conditionm nnd limitations of thim approval are limted
below.
~ At:t:nchmr. nl;tl :i nC] lldr~d III! pr{ri; of con{ill :~onn ,md ].imJ tnl::Jonrl.