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Home My WebLink About3402 GARLAND LN NE KITSAP COUNTY $12. OD CHCK FILED-BY: CITY OF BREHERTON AU~ 21., :1.991., 9:51 A~ 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 15.02.000 and 15.03.040); and WIIEREAS 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: (SEE EXHIBIT A) and tile City of Bremerton (her6inafter "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. Rates and Charges. 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. U~. 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 ttie property is annexed to the City of Bremerton or this provision is modified in writing by the parties. 3. Utility Improvements. WATER AND SEWER CONNECTION FOR SINGLE FAMILY RESIDENCE. 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 tile annexation of the Property as part of any Notice of Intent or Petition for Annexation presented to the City of Bremerton. REEL 0606 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 3:5.13.177, 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 re,nedies 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 upon the undersigned and his heirs, successors, and assigns, and that this Agreement shall be filed for record in thc office of the Kitaap 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: EARLE ANDERSON State of Washington County of Kitsap On this 20th day of June, 1991, before me the undersigned, a Notary Public in and for the State of Washington, duly conm~issioned and sworn personally appeared Earle A~derson 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 i~trument 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. "//'~ Not~y Publ~in and for the State of :.'' .~.: Washington residing at Port Orchard. · .,,- My c6mmission expires August 15, 1994 CITY OF BREMERTON DATED: ~{ BY: ~ ~~ LOUIS MENTOR, Mayor KATHLEEN McCLUSK]~Y City Clerk ~i L'L~D'0~Ffi ~ t~irector IAN R. ~IEVERS, City Attorney - ~ · STATE OF WASHINGTON) COUNTY OF KITSAP ) On this '~' day of ~,~-~.~-{- , 1991, before me the undersigned, a Notary Public 4' . ~._.. _in and for the State of~t..~::Y, duly commissioned and sworn personally appeared ~'~'"~YF~:~2~'tlo~¢ known to be the individual described in and who executed the foregoing instrument, a,~d acknowledged to me that ~.~he)t'signed and sealed the said instrument as~;,~-free and voluntary act and deed f°r'~he uses and purposes therein mentioned. WITNESS my hand and official ~tl hereto affixed the day and year in this certificate above written. NOTARY ~JJBLIC in and for the State EXHIBIT A ~. F. ~: ~:~[~2~.0~ ItEEL 0~,04 Fl{ 0346 ~ WEST HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON; EXCEPT THE SOUTH 170.00 FEET THEREOF; AND EXCEPT THAT PORTION ~]~EREOF LYING WEST OF THE EAST 178.00 FEET; (SAID PROPERTY BEING DESIGNATED AS PARCEL B OF SHORT PLAT NO. 2174, RECORDED APRIL 2, 1980 UNDER AUDITOR'S FILE NO. 8004020112.) TOGETHER WITH A NON-EXCLUSIVE EASI~M]~T FOR INGRESS, EGRESS AND UTILITIES OVER, UNDER AND ACROSS A TRACT OF LAND 40 FEET IN WIDTH AND BEING 20 FEET ON EACH SIDE OF THE WEST LINE OF ~ EAST 178.00 FEET OF THE WEST HALF OF THE NORTHWEST QUARTER OF ~]{E SOLrl~ST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON. UTILITY EXTENSION COMPLIANCE STATEMENT (BMC 15.02.040 AND 15.03.040) Date: JULY 9. 1991 Department of Municipal Utilities ~ [!~4~:~. I='R [}~&-7 City of Bremerton 3027 Olympus Drive Bremerton, Washington 98310 Re: Application for Utility Service The property located at (Address) 3402 GARLAND Washington, legally described as: ' (SEE EXHIBIT A) situated in the City of Bremerton Department of Municipal Utitities' service area and beyond the incorporated City limits of Bremerton, complies with the following: 1. Comprehensive land use plan and develop,nent standards adopted for this parcel by the City of Bremerton pursuant to RCW 35.13. 177, if any; and 2. Any adopted subdivision and street standards of the City of Bremerton. CITY OF BREMERTON BY: ~ Title~ REEL 0604 FR 034 THE WEST HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF ~ SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON; EXCEPT THE SOUTH 170.00 FEET THEREOF; AND EXCEPT THAT PORTION THEREOF LYING WEST OF THE EAST 178.00 FEET; (SAID PROPERTY BEING DESIGNATko AS PARCEL B OF SHORT PLAT ~0. 2174, RECORDED APRIL 2, 1980 UNDER AUDITOR'S FILE HO. 8004020112.) TOGETHER WITH A NON-EXCLUSIVE EASMMENT FOR INGRESS, EORESS AND UTILITIES OVER, UNDER AND ACROSS A TRACT OF LAND 40 FEET IN WIDTH AND BEING 20 FEET ON EACH SIDE OF THE WEST LINE OF THE EAST 178.00 FEET OF THE WEST HALF OF THE NORTHWEST QUAR'I'ER OF ~ SOUTHEAST QUARTER OF ~]{E SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON.