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HomeMy WebLinkAboutHANSBERRY PROJECT Return Address: City Clerk City of Bremerton 345 Sixth Street,Suite 100 Bremerton,WA 98337 BREMERTON CITY OF 201906130218 Agreement Rec Fee: $ 103.00 06/13/2019 03 55 PM Page 1 of 5 Paul Andrews, Kit sap Co Auditor 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. BROOKS,JERRY ❑ Additional names on page of document. Grantee(s): 1. The City of Bremerton ❑ Additional names on page of document. Legal Description: RESULTANT PARCEL 2 OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER (abbreviated) AUDITOR'S FILE NO.201902200141,RECORDS OF KITSAP COUNTY, WASHINGTON,BEING LOTS 21 AND 22,EXCEPT THE WEST 21.00 FEET,BLOCK 20,FIRST ADDITION TO TRACYTON,ACCORDING TO PLAT RECORDED IN VOLUME 1 OF PLATS,PAGE 37,RECORDS OF KITSAP COUNTY,WASHINGTON; TOGETHER WITH THAT PORTION OF VACATED JOHNSON STREET PER COMMISSIONERS JOURNAL VOLUME 11,PAGE 17,AS ATTACHES PER OPERATION OF LAW;TOGETHER WITH EASEMENTS OF RECORD. ® Additional legal is on page 5 of document. Assessor's Property Tax Parcel/Account Number: 4474-020-021-0101 Project Name: Hansberry Project 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 Page 1 of 5 Outside Utilities Agreement Rev. 07/2018 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 located in Bremerton, Kitsap County, Washington, (hereinafter"Property"), legally described as: SEE ATTACHED EXHIBIT A and the Cityof Bremerton (hereinafter Ci in consideration of the mutual covenants set forth "City"), 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 Service 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. Page 2 of 5 Outside Utilities Agreement Rev. 07/2018 This Power of Attorney is nonrevocable. 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: , •�22//fir 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 Washington, personally appeared ..—Sf,K lc-LA D. c rQC)li_c ,to me known to be the individual s) described in and who executed the within and foregoing instrument, and acknowledged that e/ he/they signed the same a is/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this •DI��day of NAa.l. , 201.61. . o���wi��p ik `� ,lie. r,. ., •• L• F . 4. * *•.., , --1 A _. ._ ' _.... ' • 1 ••NOTANY PUBLIC • • 1. Notary ublic m an• for to of Washington, . residing at: 3`�c.?("-IGY-to \N P COMM.EXPIRES My appointment expires: a.-.� � n a JULY 6,2020 I 4 O tel, •. •• �• .:� .q1.4' ,,, OF Ws%N, ;"* Page 3 of 5 Outside Utilities Agreement Rev. 07/2018 CITY OF BREMERTON DATED: SPI z-c I 20 ON BY: Greg e er,Mayor DEPARTMENTAL APPROVAL: rector of Public Works and Utilit APPROVED AS TO FORM: /- Roger Roger Lubovich,Bremerton City ' ttomey cn .4' 51Yo& City Cl R:\Legal\Legal\Forms\FORMS ON COBWEB\Outside Utilities Agreement Rev.01 2018.docx Page 4 of 5 Outside Utilities Agreement Rev. 01/2018 EXHIBIT A RESULTANT PARCEL 2 OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO. 201902200141,RECORDS OF KITSAP COUNTY,WASHINGTON, BEING LOTS 21 AND 22, EXCEPT THE WEST 21.00 FEET, BLOCK 20,FIRST ADDITION TO"I'RACYTON,ACCORDING TO PLAT RECORDED IN VOLUME 1 OF PLATS, PAGE 37, RECORDS OF KITSAP COUNTY,WASHINGTON; TOGETHER WITH THAT PORTION OF VACATED JOHNSON STREET PER COMMISSIONERS JOURNAL VOLUME 11,PAGE 17, AS ATTACHES PER OPERATION OF LAW; TOGETHER WITH EASEMENTS OF RECORD. I l I I 3 c 1 +I 1411111•t71 ( i � Nom+NIthOIs Ave { 016.00 012 00 oia•oi 016-01 016-02 018.00 30 011.00 D10•00 ? 007-00 020.00 n 009-01 021-01 2 v � 008.00 201 m _ I i L 028-00 006-01 00600 1.D0 005.00 004-02 004•00 026-00 -01 027.01 001-00 027 fill 002.00 00 028-00 001.00 028.00 001-01 NVI ilacy Ave { Page 5 of 5 Outside Utilities Agreement Rev. 07/2018