HomeMy WebLinkAboutSHORT PLAT 5428 FiLED-BY: BREMERTON CITY OF
~,AREN FLYNN, AUDITOR
CLE~; GILMORE
A. F. ~
REEL 062~ FR 040~
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
V~I-IEREAS 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:
SKK KxHIBIT 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. 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. 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 Improvements.
#A~KR COI~mt~CTION TO SKRVI~ LOT C OF KITSAP COUlVrY
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 nonrevoeable.
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 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:
County of Kitsap
I certify that I know or have satisfactory evidence that Paul J. Holden
is the person who appeared before me, and said person acknowledged that he signed
th~s instrument and acknowledged it to be his free and voluntary act for the ~ses
and purposes mentioned in the instrument. --
Dated: Nove~er 12~ 1991
~ Notar~ Pablic
' ~," ' My appointment expires August 15~ 1994
CITY OF BREMERTON
LOIJI'~ -MENTOR, Mayor
A T:
KATHLEEN McCLUSKEY
City Clerk
PP~D AS TO FORM: DEPARTMENTAL APPROVAL:
IAN-R. SIEVERS, City Attorney BIL~ DLIFFY; Lrtili~Director
STATE OF WASHINGTON)
) SS.
COUNTY OF KITSAP )
this~n'day of ~C.~ ,1991,before me the undersigned, a Notary Public
On
in and for.~t...~......~~the State ofll//~ntr~,'6: F~',c) , dulv~ commissioned and sworn personally appeared
'~ntrt#t~n"~n to be the individual described in and who executed
the foregoing instrument, and acknowledged to me that 7-'h~'Csigned and sealed the said
instrument asT'3t~'r,{ 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.
.'; ':~o'". NOTARY~d ~q--~ I~BLIC..,~. ~in and for the State
. ,-; ,- of _
',)' i." ~ residing at ~tfT
'U:~n~ ;': My commission expires ~
LOT C 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 96.68 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.
TO: Director of Utilities
FROM: Director of Community Development ~/~
City Engineer
DATE:
SUBJ: Delivery of Utility Services outside City limits.
The above site and proposed development 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 ~
David Baker
Director of Community Development City Engineer