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HomeMy WebLinkAboutSHORT PLAT 3594 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 03MC 15.02.040 and 15.03.040); and WlqlV~REAS 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 WttEREAS the undersigned, as owner of a parcel outside the City of Bremerton, has made application for city utilities; NOW, TII3]REFORE, the undersigned owner (hereinafter "Owner")of real property within Kitsap County, Washington, (hereinafter "Property"), described as: SEE SCHEDULE 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. Water service connection to a single family dwelling. 4. Annexation. Owner, by signing below, grants to the City ofBremerton 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 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 Kit,ap 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: State of Washington ~ County of Kitsap W. Bert Nuckolsw Attorney-in- I certify that I know or have satisfactory evidence that~act for Bryce Nuckols 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: October 18, 1991 _>/~~ ~~ ~ ~, . Nota~ Public/ .... ' ~' My appointment expires ~ugust 15~ 1994 CITY OF BREMERTON L~)~IIS ~VI-~'~N~R,~ Mayor ATTEST: KATHLF. RN McCLUSKEY City Clerk AP AS TO FORM: DEPARTMENTAL APPROVAL: IAN ~. SIEVERS, City Attorney BILL DUFFS,' [~jllq3'ty Director STATE OF WASHINGTON) COUNTY OF KITSAP ) On this~_~day of~ , 1991, before me the undersigned, a Notary Public in and for the.~~_State of~ duly commissioned and sworn personally appeared ~2~~n to be the individuai desc~bed ~ and who executed the foregoing instrument, and acknowledged to me that ,X~he,,~signed and sealed the said instrument as ~ free and voluntary act and deed for th~ uses and purposes therein mentioned. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. _, NOT3t~RY J~UBLIC in and for the State · ~, . residing at ......,, ~"~, ,: My commission expires 2~ -2~0" - ?2..- 3804 Ridgeway Place PARCEL A That portion of the Northwest quarter of the Northwest quarter of the Northwest quarter of the Southeast quarter of Section 8, Township 24 North, Range 1 East, W.M., described as follows: Beginning at the Northwest corner of the Northwest quarter of the Southeast quarter said Section 8; thence South 2°55'05,, West along the West line thereof 150.76 feet; thence South 88°40'07'' East 162.34 feet; thence North 2°53~28'' East 150.74 feet; thence North 88039'52'' West along the North line of said Northwest quarter of the Southeast quarter a distance of 162.26 feet to the point of beginning. TOGETHER WITH AND SUBJECT TO a non-exclusive easement for ingress, egress and utilities over, under and across a strip of land 20.0 feet in width and being 10.0 feet on each side of the following described centerline; Commencing at the Northwest corner of the Northwest quarter of the Southeast quarter of Section 8, Township 24 North, Range 1 East, W.M.; thence South 2055'05'' West 301.51 feet to the North margin of Ridgeway Place; thence South 88040'22'' East along said North margin 162.41 feet to the True Point of Beginning of said easement; thence North 2053'28'' East along the centerline of said easement 170.74 feet to the end of said easement. ALSO, TOGETHER WITH an easement for ingress and egress for roadway over and across the following described tract: That portion of the Northeast quarter of the Southwest quarter, Section 8, TownshiD 24 North Range 1 East, W.M., described as follows: Beginning at the Northeast corner of the Northeast quarter of the Southwest quarter of Section 8, Township 24 North, Range 1 East, W.M.; thence North 88039'52'' West along the North line of said Northeast quarter of the Southwest quarter, a distance of 30.00 feet; thence South 42o52'44'' East 41.84 feet to a point on the East line of said Northeast quarter ok the Southwest quarter; thence North 2o55'05'' East along the East line of said Northeast quarter of the Southwest quarter, a distance of 30.00 feet to the Point of Beginning.