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HomeMy WebLinkAbout4600-001-014-0107 9 � Return Address: City Clerk City of Bremerton 345 Sixth Street,Suite 600 Bremerton, WA 98337 — --...__.. _ , CITY OF BREMERTON 201607150074 Rgreement Rec Fee: $ 77 pp ' 07J15l2016 10 3� RM Page: t of 5 ', I IIIIIII IIIIII III IIII IIIIIII IIIIII IIII IIII IIIII IIIII Illlll�tlll IIIII IIIII IIIII III IIII AUDITOR/RECORDER'S INDEXING FORM Document Title(s): 1. Outside Utilities Agreement Reference Number(s)of Documents assigned or released: N/A Grantor(s): �, EMHC LLC C/O ROBERT HENDERSON 0 Additional names on page of document. Grantee(s): 1. The City of Bremerton � Additional names on page of document. �egal Description: A portion of the SE'/4 of the N W '/4 in Sec.222,T24N R 1 E., W.M. Kitsap County, (abbreviated) Washington � Additional legal is on page 5 of document. Assessor's Property Tax ParceUAccount Number: 4600-001-014-0107 Pro�ect Name: Preble/Henderson 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 Page 1 of 5 WHE1tEAS 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 located in Bremerton, Kitsap County, Washington, (hereinafter "Property"), legally described as: SEE ATTACHED EXHIBIT "A" and the City of Bremerton (hereinafter "City"), in consideration of the mutual covenants set forth herein including the furnishing of utility services by the City of Bremerton, do hereby promise and agree as follows: 1. Services Provided. City of Bremerton shall provide utility services consistent with service areas defined by the City comprehensive utility plans as amended, and terms and conditions of a current Letter of Availability from the Bremerton Utilities Department. 2. Rates and Charges. Owner shall pay when due all connection charges, assessments, I and rates established for city utility services by City ordinance for the Owner's user class. 3. Use. Development of the property described above shall comply with the uses and development standards of City of Bremerton comprehensive land use plan adopted pursuant to RCW 35.13.177 and any adopted subdivision and street standards of the City of Bremerton. 4. Utilitv Improvements. Water Connection to City System 5. 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. Page 2 of 5 6. Enforcement. Violation of this Agreement may result in the immediate termination of utility services to the above-described property as well as other remedies provided by law. 7. 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(S): DATED: � ��- `� BY: �/ - � Owner BY: STATE OF WASHINGTON ) ) ss COUNTY OF KITSAP ) On this day, before me, the undersigned, a Notary Public in and for the State of Vv1 ctv�et� �n� I�C';nb� Washington, personally appeared ��pp,,.�� , ►� ,�����-� �-����v��nr� , c,.� ,=M�-+�. �.� to me known to be the individual(s) described in and who execu ed the within and foregoing instrument, and acknowledged that ie she/they signed the same as�/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. w'� pL Ht,N���2k.�5S3 L� GIVEN under my hand and official seal this s� day of �-��� 1 20�. PV' SINF �`. •o.. .'li V�� s ��' ,w� " ►?:• ���Y : Notary Public in and for the State of Washington, . � � . • Pug�.��, residing at�;r�p,vN�.r�-v-,'� , 1l�; j� . . •0 2_�a•.• My appointment expires: a-�g- �� ••...• � ��4�OFWP-�`�' Page 3 of 5 CITY OF BREMERTON DATED: �7 �/ �/� BY: Patty Le , ayor DEPARTMENTAL APPROVAL: Director of Public Works d Utilities APPROVED AS TO FORM: '��"�"" �: , ,4 .� Roger Lubovich,Breme on Citl�Attorney d , � �._- RECEIVED FOR FILING: , , ; ti City Clerk Page 4 of 5 . t EXHIBIT A NAVY YARD CITY LOTS 14 & 15, BLOCK 1,NAVY YARD CITY, AS PER PLAT RECORDED iN VOLUME 3 OF PLATS, PAGE 75, RECORDS OF KITSAP COUNTY. Page 5 of 5