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HomeMy WebLinkAboutMCWILLIAMS RD & CENTRAL VALLEY ROAD 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 limitegl 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,TIIEREFORE, the undersigned owner (hereinafter "Owner") of real property within Kitsap County, Washington, (hereinafter "Property"), described as: SEE gXHfBIT A 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. ~. 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. Developmeut of the property described above shall comply with the uses and development standards of any comprehensive land use plan adopted pursuant 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 Improvements. ~/A~ER CO~B~C~ION ~0 SER¥1~ LO~ B OF KI~SAP COUNTY, SHORT PLAT NO. 5428 4. 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. 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. Covenant~. 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 the purchaser or transferee. OWNER: State of Washington County of Kitsap I certify that I know or have satisfactory evidence that Robert D. Rupno 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 nses and purposes mentioned in the instrument. -- Dated: November 7, 1991 ,. :' .'.,"::, .' , Publte ~\:. : ' ;,. >. My appointment expires August 15, 1994 LOUIS MENTOR, Mayor REEL 0&23; FR 0~-0~ KATHLEEN McCLUSKEY City Clerk APEROVE_~ AS TO FORM: DEPARTMENTAL APPROVAL: <~7-IAN R.~SIEVERS, City Attorney BILL DUFFY;'~tlity Director STATE OF WASHINGTON) ) SS. COUNTY OF KITSAP ) On this [~ day of ~)~c_ , , 1991, before me the undersigned, a Notary Public in and for the State olM/~$t~t'~d~T~,¢-', duly commissioned and sworn personally appeared LOt4/,yH~,rl~ff ¥/t'~/Jt//:/,O/'{cff--/'t~ht~eel~own to be the individual described in and who executed the foregoing instrument, and acknowledged to me that '.L"hgz'~igned and sealed the said instrument as'fffL/~ free and voluntary act and deed for the uses and purposes therein mentioned. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. : ""~L NOTARY PIOBLIC m and for the State "~ U ;, U GL~' ' :' ,: My commission expires ,~" Exhibit AA. F. #: REEL 0623 FR LOT B OF SHORT PLAT 5428 RECORDED UNDER AUDITORS FILE NO. 9010240112, BEING A PORTION OF LOT C OF SHORT PLAT 2827 RECORDED UNDER AUDITORS' FILE NO. 8201210059 BEING DESCRIBED AS FOLLOWS: THE WEST 193.33 FEET OF THE FOLLOWING: THE EAST 290 FEET OF THAT PORTION OF THE SOUTH HALF OF THE NORTH QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, SECTION 35, TOWNSHIP 25 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, LYING EAST OF MCWILLIAMS ROAD. EXCEPT THE WEST 96.68 FEET THEREOF. SUBJECT TO AND TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES PURPOSES OVER, UNDER AND ACROSS THE NORTH 20 FEET OF THE WEST 193.33 FEET OF THE EAST 290 FEET OF SAID S 1/2, N 1/4, SW 1/4, NW 1/4. TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER, UNDER AND ACROSS THE NORTH 30 FEET OF THAT PORTION OF THE SOUTH HALF OF THE NORTH QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, SECTION 35, TOWNSHIP 25 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, LYING EAST OF MCWILLIAMS ROAD; EXCEPT THE EAST 290 FEET THEREOF. ¢it¥ of Br~rtv~ TO: Director of Utilities FROM: Director of Community Development City Engineer DATE: SUBJ: Delivery of Utility Services outside City limits. The' above site and ~oposed deveiopmen~ 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. Donald L. Pratt, AICP er Director of Community Development City Enqineer 91p~5~/b~l