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HomeMy WebLinkAbout3931 HARBEL DR NE 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 IYEIEREAS the. undersigned, as owner of a parcel outside the City of Bremerton, has made application for city utilities; $t0. 00KIISAP C0~TY C~CK FIkED-BY:_ BRF_YlERTON,CIIY OF . NOW, THEREFORE, the undersigned owner ~nere~natter -uwner ')o~ real p,operty within Kitsap County, Washington, (hereinafter "Property"), described as: 012401-2-174-2002 SEP 4 199Z l /lb'tt, ltl. SEE ~BT~ "A" KAi:I~_N ~LYNN - COUNTY 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. l~L~llJ~haff~. 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. REEL [}4~:~:~8 FR 2307 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, Sard_ta~ sewer cormection £or $±ngle £am±1¥ dwell±rig 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 vrope..rty as well as other remedies provided by law. ~[E:~._:l~}~il~~ 6. ~. 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: / /~/'-~rian aacobson Statecounty Ofof WashingtonKitsap ~ ~e¢~ ~/~ ~ ~'3~ I certify that I know or have satisfactory evidence that Brian Jacobson 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 uses and purposes mentioned in the instrument. \\ Dated: August 12, 1991 \\ ' Notar~ Pub}it i~t~ t77 My appointment expires August 15, 1994. CITY OF BREMERTON DATED: ~/5~/cl?-~ BY: ~'~ ~/~ LOUIS MENTOR, Mayor REEL 0668 FR 2309 ~LEEN ~Y City Cl~k O FO~: DEPAR~E~AL APPROVAL: IAN R. SIEVERS, City Attorney BILL DUFFY~U~Ii~r<tor STA~ OF WASHINGTO~ COU~Y OF ~TSAP ) this*fday~L On of ~ ,19~ before me the undersignS, a No~ Public in ~d for ~e State of ~ ~ , duly commission~ ~d sworn ~rson~ly ap~ L ~ ~,~ ~ ¢ ~c~e ~own to be the individu~ descfib~ in and who ex~ut~ the foregoing insmment, ~d ac~owl~g~ to me that _he sign~ ~d s~ the ~d ins~ment as ~k,i~ fr~ ~d volunm~ act ~d d~ for the uses ~d pu~oses therein mentionS. ~N~S my hand and official s~ hereto affix~ the day =d ymr in this ce~ifi~te above written. ~' '~r'?-': . ' NOTARY PUBLIC in and for the State : ~:': residing at 'tI?~¢~::¢,~; ~ ~ My commission expires /0 EX/{IBIT "A" That portion of the Southeast quarter of the Southeast quarter of the Northwest quarter of Section 1, Township 24 North, Range 1 East, Willamette Meridian in Kitsap County, Washington, described as follows: Conmencing at the Northwest corner of the Southeast quarter of the Southeast quarter of the Northwest quarter of said Section 1; thence South 02o26'36'' West along the West line of said subdivision tract 132.00 feet; thence South 88o54'36'' East 162.00 feet; thence North 02°26'36'' East 42.00 feet to the Point of Beginn/n~; thence South 88°54'35'' East 171.16 feet to the East line of the Northwest quarter of the Southeast quarter of the Southeast quarter of the Northwest quarter of said Section 1; thence North 02°16'40" East along said East line 90.00 feet; thence North 88°54'35" West along the North line of the Northwest quarter of the Southeast quarter of the Southeast quarter of the Northwest quarter of said section 1, a distance of 170.90 feet; thence South 02o26'36'' West 90.00 feet to the Point of Beginning; TOGb'I~ERWITHan easement for ingress, egress and utilities over, under and across the East 20 feet of the South 41.99 feet of the North 131.99 feet of the Northwest quarter of the Southeast quarter of the Southeast quarter of the Northwest quarter of said Section 1; ALSO TOGETHER WITHan easement for ingress and egress over and across the North 15 feet of Lot A of Short Plat No. 5185 recorded under Auditor's File No. 9006010243. ALSO TOGETHER WITHa Sanitary Sewer Easement over and across the East 10 feet of the West 198.5 feet of the South 174 feet of the North 264 feet of the Southeast quarter of the Southeast quarter of the Northwest quarter of said Section 1; ALSO TOGm'L~ER WITH a 10 foot easement for water over, under and across the North 10 feet of the East 132 feet of the West 162 feet of the South- east quarter of the Southeast quarter of the Northwest quarter of said Section 1; Situate in Kitsap County, Washington.