HomeMy WebLinkAbout2199 & 2201 WOODLAND DRIVE NW 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
within Kitsap County, Washington, (hereinafter "Property"), described as:
SKE ~XHIBIT 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. Development of the property described above shall comply with the uses
and development standards of any comprehensive land use plan adopted pursuant to RCW
35.13.177and 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 Improvementn.
Water and sewer service to serve a duplex at
2199 and 2201 Woodland Drive.
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 adopled,
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. Covenants. The undersigned further agrees that this Agreement and the promise
made herein constitute a covenant running with the land and shall be binding npon 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.
State of Washington
County of Kltsap
I certify that I know or have satisfactory evidence that ~t~ y
is the person who appeared before me, and said person acknowledge~that~ signed
th~s instrument and acknowledged it to be ~ free and vol~ act for ~he ~ses
and purposes mentioned in the instrument. -- ~ntary
Dated:
/
-' T
CITY OF BREMERTON
LOUIS MENTOR~, l~ayor
KATHLEEN McCLUSKEY
City Clerk
APPROVED AS TO FORM: ~ARTMENTAL APPROVAL:
lAN ~R. SIEVERS, C~ty Attorneyk~l~I~I~l~M-I~F~Y, Utility Director
TERRIE HA~I'SON
Municipal Services Coordinator
STATE OF WASHINGTON )
: ss. ~[F_
COUNTY OF KITSAP )
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.
.z:~GIVEN under my hand and official seal this day of
19~
~ ~ hington,
:'~ '~ ~ ~ .My appointment expires: 2. -
'",,~ ,~g .....
EXHIBIT A
That portion of the Northeast quarter, of the Southeast
quarter, of the Northeast quarter, of the Southwest
quarter, Section 8, Township 24 North, Range 1 East,
W.M., Kitsap County, Washington described as follows:
Beginning at the center of said Section 8; thence
S 3°27'12" W 662.60 feet to the Northeast corner of said
subdivision; thence along the North line of said
subdivision, N 88°09'01'' W 20.01 feet to the True Point
of Beginning; thence continuing N 88°09'01'' W 61.00 feet;
thence S 3°29'12'' W 124.21 feet; thence N 84"41'51" E
17.25 feet; thence S 35°06'09'' E 33.74 feet; thence N
78°31'12'' E 44.48 feet; to the East line of said
subdivision; thence N 3°27'12'' E 101.44 feet; thence N
28°56'48" W 37.33 feet; thence N 3°27'12'' E 5.25 feet to
the True Point of Beginning. Containing 10,703 square
feet.
TOGETHER with and undivided one-third interest in the
following described tract:
That portion of the Northeast quarter of the Southwest
quarter, Section 8, Township 24 North, Range 1 East,
W.M., in Kitsap County Washington, described as follows:
Beginning at the Southwest center of the Northeast
quarter of the Southeast quarter of the Northeast quarter
of the Southwest quarter; thence S 22°09'48'' E 150 feet
to the point of the beginning; thence N 3°29'12'' E
154.71 feet; to the South line of the road; thence N
84°41'51'' E 96.21 feet; thence S 35°06'09'' E 129.68 feet;
then S 3"27'12" W 62.98 feet to the Southeast corner of
the Northeast quarter of the Southeast quarter of the
Northeast quarter of the Southwest quarter; thence N
88°09'48'' W 176.08 feet, more or less, to the true point
of beginning.