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HomeMy WebLinkAbout416 IDA STREET BR£M£RTON CITY OF AGMT $12,08 Kitsap Co, WA When Recorded Return to: Name: City Clerk Address: 239 Fourth Street Bremerton, WA 98337 Document Title: Outside Utilities A~reement Project Name: Ida Street Warehouse Developer Name: William E. Schoump Location: 416 Ida Street Tax Parcel # 4627-002-019-0000 Abbreviated Legal Lots 19 - 24, Block 2, Plat of Rainier Tracts, as per plat recorded in Description: volume 6, page 51,of Plats records of Kitsap County, WA. Section 21, Township 24 N., Range 1 E., W.M. OUTSIDE UTILITIES AGREEMENT WHEREAS the Brcmcrton Municipal Code requires property outside thc city boundaries to support annexation to thc 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 Bremcrton, has made application for city utilities; NOW, THEREFORE, the undersigned owner (hereinafter "Owner") of real property located at 416 Ida Street Kitsap County, Washington, (hereinafter "Property"), legally 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. 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 firom the Bremerton Utilities Department. 2. Rates and Charges. 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. 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 and sewer service for a warehouse facility 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 nourevocable. 6. Enfomement. 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. 7. Covenants. The undersigned further agrees that this Agreement and the promise made herein constitute a covenant nmning 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. IIII! I IIIIIII II1',, ,, ,," o, 2 BREMERTON CITY OF AGMT $12.~0 Kitzap Co, WA William E. Schourup Seattle Realty Inc. STATE OF WASHINGTON ) : SS. COUNTY OF K1TSAP ) On this day personally appeared before me ]A[tl/~O rr~ , of , the corporation\partnership described in and that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation\partnership, for the uses and purposes therein mentioned, and on oath stated that he\she\they was\were authorized to execute said instrument on behalf of said corporation\partnership. GIVEN under my hand and official seal this ] t~ day of~, 2000. ff~ S'6~.x~ Notary Public in and for the State of ff~.."'------------~'v0~ -~.~ Washington, ~ ~'~~}'~ residing at ttc~:~g~oh~ ~%',"?O",~/O '~;: '"'~ My appointment expires: :.....'' ,F BR£~I£RTON CITY OF RGIIT $1~ 08 Kitsap Co, ~4R 3 CITY OF BREMERTON STATE OF WASHINGTON ) : ss. COUNTY OF KITSAP ) On this day personally appeared before me Lynn Horton, Bremerton City Mayor, the muincipal corporation described in and that executed the within and foregoing instrument, and acknowledged said inshxanent to be the fzee and voluntal7 act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instmment on behalf of said corporation. GIVE~I seal this~r~ day of~,~:, 2000. residing at: ~ My appointment expires: ~' - ~ L¥~I~ S. HORTON, Mayor DEPAR~L: W. EUGENE SAI~PLEY, ']~,m?~blic Works and Utilities RECEIVED FOR FILING: KAT~ILEEN L. MCCLUSKEY, 7ty Clerk EXHIBIT "A" A PORTION OF SECTION 21, TOWNSHIP 24 N., RANGE 1 E.; WILLAMETTE MERIDIAN TAX ASSESSOR'S NUMBER 4627-002-019-0000 LEGAL DESCRIPTION Lots 19 - 24, Block 2, Plat of Rainier Tracts, as per plat recorded un volume 6, page 51 of Plats records of Kitsap County, WA. Section 21, Township 24 N., Range 1 E., W.M. "°[ .......... 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