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HomeMy WebLinkAbout121 MCWILLIAMS RD V ~,- ~iO. O0,iTSaP COUNTY CHCK FiLED-BY; BREHERTON CITY OF KAREN FLYNN~ AUDITOR CLERK; 6ILHORE REEL. 1:1~2:3 FR ~ 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: SEE EXHIBIT 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. n~al~L2~s~g~. 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. .Us~. 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. ~l&~l~ CONNgC~ION TO $l~Vg LOT A OF KITSAP COUNTY SHOBT 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 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 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: State of Washington County of Kitsap I certify that I know or have satisfactory evidence that [~ the perso~who appeared before me, an~ ~id person~acknowledged~at~ signed this instrument and acknowledged it to be~ free and voluntary act for th~ rises and purposes ment%oned in the instrument. Dated :_ ~~ XX [ /~ "0TARF 'q'¥~ My appointment expires /995 CITY OF BREMERTON LOVOISN~~ME K/~::lt~ LEffN Mc(~LUSKE? City Clerk  !ED AS TO FORM: DEPARTMENTAL APPROVAL: IA~R. SIEVERS, City Attorney BILL DUFf, ~ity Dir~tor STATE OF WASHINGTO~ COU~Y OF ~TSAP ) On this/'~ day of ff~C. ,, 1991, before me the undersignS, a No~ry Public in ~d for the S~te qf ~ ~ duly comm~ssio~ and sworn personMly ap~r~ a~g q ~Lg~ ~~wn to be the indivMual d~cri~ in and who executed the foregoing inst~ment, ~d ac~owl~g~ to me that ~e~ign~ ~d s~ the sfid instrument as ~e~ fr~ ~d volUn~ act ~d d~ for the uses and pu~oses therein mentionS. ~T~S my h~d and offici~ s~l hereto affix~ the day and y~ in this certificate above written. ~ ~L ~ NOTARY P~BLIC in and for the S~te ~ ~'~,., ': : residing at ~g~ ~,~ ~ ~ My commission expires ,?. ~5,% / LOT A 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 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 i EAST, W.M., IN KITSAP COUNTY, WASHINGTON, LYING EAST OF MCWILLIAMS ROAD. EXCEPT THE WEST 193.33 FEET THEREOF. 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. City of Br~rt~ TO: Director of Utilities FROM: Director of Co.unity Development City Engineer DA?E: 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 Director of Community Development City Engineer 91p~5~/b~l