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Home My WebLink AboutADMIRALTY HEIGHTS APARTMENTS OUTSIDE UTILITIES AGREEMENT WHEREAS the Bremerton Municipa/ 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 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 at Al~m~r."f~ i~r~.~ ADAR~. L0~.ATI~ A~ W. AI~KI~AT.'I~ /k~ ~ S'I~:,' W. ., Kitsap County, Washington, (hereinafter '~roperty'), KiTSAP COUNTY legally described as: $13, O0 CliCK FILED-BY: CITY OF BR~RTON ~-": ~ "A" AA"r. AC~ AUG 1~1~ FLYNN~ ~UDITOR CLERk: BEVAN$ and the City o~ Bremerton (hereinafter "City"), in consideration o~ the mutual covenants set £orth herein incIudinB the £urnishinB of utUities scrv~ce~ by the City of Bremerton, do hereby promise and agree as £ollows: 1. Services ?rovided. C~ty of Bremerton shall provide utility service& consistent with service areas defined by the City comprehensive utility pIans as amended, and tcnn~ and conditions o£ a current Lette~ o~ Availability from the Brcmerton Utilities Department. 2. Rates and CharBe$. Owner shall pay when due all connection charBes, assessments, and rates established £or city utilities services by City ordinance ~o~ the Owner's user class. ~. F. 3. U e. Development of the prope,y deso i g l,,e and development standards of City of Bremerton comprehensive land use plan adopted pursuant to RCW 35.].3.177 and any adopted subdivision and street standards o£ the City EXCISE TAX EXEMPT OUTSIDE UTILITIES AGREEMENT -1- (C ORPORATE/?ARTNERSI-HP) AUG 16 Utili~y3.Agt - Agreement Form~ - Rcv~ed 3/13/95 KI'TSAP COLINTY of Bremerton. 4. Utility Improvements. ~A'r~ ::i~tglCll ~ A 132 Ili~.I ~Pffi ~ 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. 6. Enforcement. 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 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 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. OWNER(S): 5].0 ~ ~ $. OUTSIDE UTILITIES AGREEMENT -2- (CORPORATE/PARTNERSHIP) Utillty3.Agt - Agreement Forms - Revised 3113/95 STATE OF WASHINGTON ) : COUNTY OF KITSAP ) On this day personally appeared before,me t41c~4a_;_~ /x42i~x-v,o '3xq-,and , of ("~, ~ P~ zlz,qrdt~r2q~_~x-~ , the corporatton,t. ......... ~ 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 corporafion~,'t,,,,,-omp, for the uses and purposes therein mentioned, and on oath stated that he\d~ wasLwzrz authorized to execute said instrument on behalf of said corporafion\Tm~nzr:h~F; GIVEN under my hand and official seal this <~"r~ day of '-\ ~ [--'T , i9rtc. ]~ NOTARY PUBLIC - WASHINGTON ~ Notary Public in and for the State of Washington, $[ My Commission Expires12-16-96 residing at: I~. ~,~,,r~ o _,c---qr~h ~ ~My appointment expires: ~Z., L~. q Io CITY OF BREMERTON ATTEST: KATHLEEN McCLUSKEY, City Clerk 13~2-~ FR DEPA~P~ROVAL:. W. EUGEbrE SA~, Director of Public Works & Utilities ~ AS TO FORM: IAN R. SIEVERS, Bremerton City Attorney OUTSIDE UTILITIES AGREEMENT -3- (CORPORATE/PARTNERSHIP) Utility3.Agt - Agreement Formn - Revised 3113195 STATE OF WASHINGTON ) : SS. COUNTY OF KITSAP ) On this day personally appeared before me Lynn Horton, Bremerton City Mayor, the municipal corporation 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, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument on behalf of said corporation. GIVEN under my hand and official seal this Ov:gd; day of ~, 19 ~(,,. ~-;::~'~a~efi; Notary P.,t~.lic~ a~d f~ ~he State'of Washington, ,, ~- ".' 'il residing at. 0~/~~ ~ ".i' ' a : My appointment expires: .~-/~--~,~' #: 96[1Bt9111123 [PT FR i437 OUTSIDE UTILITIES AGREEMENT -4- (CORPORATE/PARTNERSHIP) Utility3.Agt - Agreement Forms - Revi~d 3113195 A PORTION OF SECTION 28, TOWNSHIP 24 N., RANGE 1 E.; WILLAMETTE MERIDIAN LEGAL DESCRIPTIONS TAX ASSESSOR'S NUMBER 282401-1-013-2008 Portion of Government Lot 1 described as follows: Beginning at the Northeast Corner of Section 28, Township 24 N., Range 1 East, W. M.; thence N 88°21'21'' W 1330.08 feet, thence S 1°06'20'' W 751.20 feet to point of beginning; thence S 88"21'21" E 1236.79 feet, thence S 27°48, W 104.48 feet along the west margin of Navy Yard Highway, thence N 88"21'21" W 1190.32 feet, thence N 1"06'20" E 93.90 feet to beginning; except north half and except that portion taken for State Route 3, State Route 304 interchange per Auditor's File No. 8810030020. TAX ASSESSORVS NUMBER 282401-1-014-2007 Portion of Government Lot 1 described as follows: Beginning N 88"21'21" W 1330.08 feet and S 1"06'20" W 845.10 feet from the Northeast Corner of Section 28, Township 24 N., Range 1 East, W. M.; and the true point of beginning, thence S 1°06'20'' W 93.90 feet, thence S 88°21'21'' E 1151.46 feet to the west margin of highway, thence northeasterly to a point which bears S 88°21'21'' E from true point of beginning, thence N 88"21'21" W 1190.32 feet to beginning; except that portion taken for State Route 3, State Route 304 interchange per Auditor's File No. 8810030020. a. F. 961 Bl 13923 FR 1'%36 TAX ASSESSOR'S NUMBER 282401-1-070-2~~- That portion of Government Lot 1 described as follows: Beginning at the Northeast Corner of Section 28, Township 24 N., Range 1 East, W. M.; thence N 88"21'21" W 1330.08 feet, thence S 1"06'20" W 939 feet, thence S 1°16'20'' W 93.90 feet, thence S 88"32'46" E 1121.60 feet to the westerly margin of Navy Yard Highway, thence north along the westerly margin of said highway 98.28 feet, thence N 88°32'46'' W 1151.46 feet to beginning; except ~ acre parcel located in easterly portion of above descibed tract described as follows: Beginning at the Northeast Corner of Section 28, Township 24 N., Range 1 East, W. M.; thence N 88°21'21'' W 1330.08 feet, thence S 1 16'20" W 939 feet, thence S 1°16'20'' W 93.90 feet, thence S 88°32'46'' E 1121.60 feet to the westerly margin of Navy Yard Highway and the true point of beginning, thence northerly along west margin of said highway 98.28 feet, thence N 88°32'46'' W 115 feet, thence S 1°06'20'' W approximately 97 feet to the South Line of above described parcel, thence N 88"32'46" W 110 feet to true point of beginning; except portion thereof lying south of property described in paragragh IV per Kitsap County Cause No. 64470 (Being Parcel "A", Short Plat No. 2323 recorded under Auditor No. 8006100102. TAX ASSESSOR'S NUNBER 282401-1-007-2006 The north 234.72 feet of the south 518.52 feet of the Northwest Quarter of the Northeast Quarter of Section 28, Township 24 North, Ranqe 1 East, W.M. lyinq east of riqht-of-way known as Third Street per Auditor's No. 7810160129. 805{-00~~ ~