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HomeMy WebLinkAboutSMCI WATER • Return Address: • City Clerk City of Bremerton 345 Sixth Street, Suite 600 • Bremerton, WA 98337 • CITY OF BREMERTON 201703290084 Agreement Rec Fee: $ 77.00 03/29/2017 09:48 AM Page: 1 of 5 , Dolores Gilmore, Kitsap Co Auditor IIIIIIDIIIIII 110 1111111111111111 HEMHifi VIII1111111111 AUDITOR/RECORDER'S INDEXING FORM Document Title(s): 1. Outside Utilities Agreement Reference Number(s)of Documents assigned or released: N/A Grantor(s): 1. SMCI Corporation ❑ Additional names on page of document. Grantee(s): 1. The City of Bremerton • El Additional names on page of document. Legal Description: A PORTION OF GOVERNMENT LOT 4, SECTION 28,TOWNSHIP 25 NORTH, (abbreviated) RANGE 1 EAST, W.M.;IN KITSAP COUNTY,WASHINGTON, /1 Additional legal is on page 5 of document. Assessor's Property Tax Parcel/Account Number: 282501-4-025-2007 Project Name: SMCI Water 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 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 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, 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. Utility 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. Page2of5. , 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: Z' 2 3 -"17 BY: 941 /Pea.A.0 Owner BY: STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) On this.Q. c c day of cskYjCV\o, ,2011 ,before me a Notary Public in and for the State of Washin on, personally appeared .�Z4� �� to me known to be the V s.14.._ ‘&u.:(1 •-- of .5c q\ C_ cpcx c ,C1 , a a �‘ . corporation that executed the foregoing instrument'and acknowledged it to be the free . +►voluntary act and deed of the corporation, for the uses and purposes mentioned in this instrument, and on oath stated that he/she/they was/were authorized to execute said instrument. GIVEN under my hand and official seal this c day of ct osAND,,(\,\ , 201\ . g. itIvotexp,..4.p ,it ii, C%,......___U, b. ‘ lk / i 0:�° O1ARy • "st. , "1 . 'c in and for the State of Washington, i w.• VBG :Kcb: i� resid. g at: \s� #I •••g-�5'•� �f My appointment expires: aA\s\I N Page 3 of 5 CITY OF BREMERTON DATED: 031/1/20/7BY: /P Patty Le , ayor DEPARTMENT APPROVAL:AL h---/7,----A. Director of Public Works and U ,lities APPROVED AS TO FORM: ' aC 1 AI/ Roger Lubovich, BO erton City Atto I ey RECEIVED FOR FILING: lifi'lAS ----"%----' ' City Clerk Page 4 of 5 . EXHIBIT 'A 28251E A PORTION OF GOVERNMENT LOT 4, SECTION 28, TOWNSHIP 25 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED.AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 4; THENCE N88*47'17 W ALONG THE NORTH LINE 327.75 FEET; THENCE S1*21'34 W'271 FEET; THENCE S88*44'17 E 327.75 FEET; THENCE Ni*21'34 E 271 FEET TO THE BEGINNING; EXCEPT TRACYTON BLVD. N.W. ON THE EAST SIDE. • • Page 5 of 5