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HomeMy WebLinkAboutPROJECTS WEST OUTSIDE UTILITY AGREEMENT The purpose of this Agreement is to replace the Agreement recorded under Auditor's File No. 989826. THE UNDERSIGNED, owner of the following described real property within Kitsap County, Washington, to-wit: PARCEL 1: The East 10.0 acres of the West half of the Southwest Quarter of the Southwest Quarter of Section 2, Township 24 North, Range 1 East, W.M., Kitsap County, Washington, EXCEPT County Road along the North line thereof. PARCEL 2: That portion of the Southwest Quarter of the Southwest Quarter, Section 2, Township 24 North, Range 1 East, W.M., in Kitsap County, Washington, described as follows: Beginning at the Southeast corner of the East 10.0 acres of the West half of said Southwest Quarter of the Southwest Quarter; thence North 89o19~27'' West 7.54 feet; thence North 0°19'17'' East 528.00 feet to the true point of beginning; thence continuing North 0°19'17" East 767.17 feet to the South margin of Sylvan Way; thence South 89°41'18'' East along said South margin 166.67 feet; thence South 0°48'14" East 332.35 feet to an existing fence; thence South 0o09'20'' East along said fence 436.03 feet to the North line of a tract of land conveyed to John E. Cole by instrument recorded under Auditor's File No. 778658; thence North 89o19'27" West along said North line of the Cole Tract 176.79 feet to the true point of beginning. has applied to the City of Bremerton, Washington for city sewer service for said property, and in consideration of the furnishing of such service by the City of Bremerton, the undersigned does hereby promise and agree as follows: 1. That payment of service charges, assessments and/or additional charges required by City Ordinances to be paid for the service mentioned above will in no way relieve the above-described property from its share of any future local improvement district payments which may be assessed to pay all or a portion of the expense of installing ma~n or mains, together with necessary pipe fittings and all other appurtenances which may be installed to serve a district which includes the property described above; provided that a credit for payment heretofore made shall be allowed toward a local improvement district assessment, when such improvement is of the same character as the service granted under this Agreement. 2. The City shall have the right to inspect any structure or building on the above-described property to determine whether or not said buildings have any defects which are unsafe, unsanitary or in any way are detrimental to the welfare of the general public or to the owners and occupants of the buildings. Any future new construction, alterations, additions or repairs shall meet the requirements of the City codes for Buildings, Plumbing, Electrical and Zoning and the required City permits shall be obtained prior to starting any work. Page 1 3. The undersigned further agrees that he will sign any petition leading to the future annexation of said property to the City of Bremerton, when such annexation is deemed advisable by the City, and will actively promote and participate in any such annexation proceedings; and that he will not object to the future formation of a local improvement district for sewer for any district which includes the above-described property. The undersigned further agrees that should he not sign the above-mentioned petition when required by the City, that the City may take whatever steps as are necessary to discontinue sewer service to the property above-described, including permission to come upon the property for such purposes. 4. The Developer agrees that in the event of a sale or transfer of the above-described property, or any portion thereof, they will, as a condition of such sale or transfer, require the purchaser or purchasers or other new owner or owners to comply with the terms of this Agreement as pertaining to future annexation of said territory. The Developer further agrees that this Agreement and the promises made herein do constitute a covenant running with the land and the Developer shall make this contract a part of each deed granted to purchasers of Condominium Units as well as individual lot development and shall be binding on the undersigned, their heirs, successors, and assigns, and that this Agreement shall be filed for record in the office of the Kitsap County Auditor at the expense of the Developer. DATED this ~F~x day of _ ~r'~l , 1981. CITY OF BREMERTON PROJECTS WEST, LTD. By By THIS AGRE~ENT REPLACES ORIGINAL, DATED 17TH DECEMBER 1970 RECORDED UNDER AUDITOR'S FILE NO. 989826. Page 2 STATE OF WASHINGTON ss. County ofi~TSAp On this % day of }_~Hv , 1981, before me, the undersigned, a Notary Public in and fo~' the State of Washington, duly commissioned and sworn personally appeare~lenn ~. Ja~stad andKathleen L. Ma~dio to me known to be the ~ayoP and City Cler~ respectfully, of City of Bx~3~er~on - , the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated ~%at they were authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. No~'ry Public in and for the_State of Washington, residing at