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HomeMy WebLinkAbout4546 W SHERMAN HEIGHTS ROAD KITSAP COUNTY $21. DO CHCK FILED-BY: CITY OF BREMERTON AU~ 21, t~l, 9:~7 All KAREN FLYNN, AUDITOR CLERK: FROOD OUTSIDE UTILITIES AGREEMENT WItEREAS 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 WlIEREAS the undersigned, as owner of a parcel outside the City of Bremerton, has made apglication for city utilities; NOW,TIIEREFORE, the undersigned owner (hereinafter "Owner")of real property within Kitsap County, Washington, (hereinafter "Property"), described as: Pt of Coy lot 3 ha. AP l~Iis N16~0.09' & E 1065.48' fzon the bFAccr cm t)m S lNof Sec 28 14 1ERL, lgN60* 45,L2- E a dist of 344.17' to the ~OB N 60 * 45'12" Eat a dist of 137.67' N1 * 31'17' E at a dist of 722.12 ' S )* (]6'12" Wa dist of i74.61 ' to tl~ %FOB exn ~vf Pt I~within the 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 Bremerton, do hereby promise and agree as follows: 1. l~lllgL~glg~. 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. Us~. Development of the property described above shall comply with the uses and development standards of any comprehensive land use'plan adopted pursuant to RCW 35.13.17Tn,id any adopted subdivision and street standards of the City of Bremerton nntil such time as the property is annexed to the City of Brmnerton or this provision is modified in writing by the parties. 3. UIili[y Improvements. Water service tap ard rFetar set fcz 4546 W ~h~ I~ights I~l. 4. Annexation. Owner, by signing below, grants to tile City of Bremerton a Linfited Power of Attorney to include this Agreement as Owner's consent to the a,mexation of tile Property as part of any Notice of Intent or Petition for Annexation presented to the City of REEL L~60~ Bremerton. The annexatio, p~tition 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. Cov~nanB. 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: CITY OF BREMERTON LOUIS MENTOR, Mayor ATTEST:~ -- c~~O FORM: KATHLEEN McCLIJSKEY IAN R. SIEVERS, City Attorney City Clerk DEPARTMENTAL APPROVAL: William Dully, DirecJoY/[~f Utilities STATE OF WASHINGTON) COUNTY OF KITSAP ) On this 5thday of July ., 1991, before me the undersigned, a Notary Public in and for the State of Washington , duly commissioned and sworn personally appeared James Il. Cochems tO me known to be the individual described in and who executed the foregoing instrument, and acknowledged to me that _he signed and sealed the said instrument as a 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. · ','q" .~% .~: NOT/(RY PUI~IC in and for the State ' ' , '.' '- :,z 5 of Washington , . ,.,. ::,. residing at Port Orchard · -.· ,,, 'r~.~c, .: My commission expires August 15~ 1991 A. F= #: ~l1382ttlU.51 UTILITY EXTENSION COMPLIANCE STATEMENT (BMC 15.02.040 AND 15.03.040) Date: ,n~,v 7, lO91 A. F. #: 9ti~12t0051 Department of Municipal Utilities City of' Bremerton 3027 Olympus Drive Bremerton, Washington 98310 Re: Application for Utility Service The property located at (Address) /45/46 W Sherman ffe:i, ghts Road Washington, legally described as: PC o£ Gov ~_oC 3 BAAP ~ ±s N 1620.09' & E 1065./48' £rom the ~ cot on the $ Ln o£ See 28 h5~12" a d:/.st, o£ 3/44.17~ t:o t. he TPOB N 60 * /45'12" E aC a c~.$t o£ 137.67~ N 1 ~ 31'!7" E at: a d±st of 107.17~ N' 89 ~ 53%8" W a d:imt o£ 122.12' S 0 * 06 ~ 06'12" h* a d~st o£ /.7/4.6~/~ to the Tt~gB exc any PC Ly w±Ch:/.n the ex~.$t:/_ng Co Rd. situated in the City of Bremerton Department of Municipal Utilities' service area and beyond the incorporated City limits of Bremerton, complies with the following: 1. Comprehensive land use plan and development standards adopted for this parcel by the City of Bremerton pursuant to RCW 35.13.177, ii' any; and 2. Any adopted subdivision and street standards of the City of Bremerton. CITY ENGINEER C1 OF BREMERTON BY:~ Title ~/WY"' ,~')"/~/~/~-~.. PRgcE~S# 1165075 BLDG 00 OF 00 ID R$14 DATE 04/29/91 APPR. CMNT: REVAL-PREPRNG LAND TO MOVE HSEON LU 91000 ZONE 5M T S C W V O C [ DISPLAY ONLY ] ACRES .45 O E O F I T O P R V T E H N QUANT MTH RATE O V R W R T (SEE SUMMARY SCREENS FOR) I S 11250 PW ~ (CURRENT TAXABLE VALUES ) 1 S 11250 PW INDICATED VALUES: BLDGS LAND 11,250 11,250 TOTAL 11,250 11,250 LANI COMMENTS: Il DAT URRENT SIX YEAR LEGAL & PRINT 3 42 GET f6 NEXT MAIN UMMARY SUMMARY TXT HIST SCREEN ACCOUNT SCREEN MENU A. F. #: 911]i521005