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HomeMy WebLinkAbout719 NE MCWILLIAMS RD 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 KITSAP COUNTY utilities (BMC 15.02.040 and 15.03.040); and $~2, fl0 CHCK 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 iocated at 719 lffi l~n~s.z~ ~ , Kitsap County, Washington, (hereinafter '~Property'), FILED-BY: CITY OF BREHERTON legally described as: ~ ~, i~&~ 3:~ 1~ KAREN FI. YNN, AUOITOR CLERIC BEV~S A. F. :B;: 961 t 2202D& EL D9) ER 2718 and the City of Bremenon {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: I. Services ?rovided. City of Bremerton shall provide utility services consistent with se~ice a~eas defined by the City comprehensive u~ity plans as amended, and terms and c~ndifions of a cun~ent I~tter of ~vallab~ty from the B~emerton UUlities Department. ~. ~ates and Char=es. Owner shall pay when due all connection charges, · ssessments, and rotes established fo~ city u6lities services by City ordinance fo~ the Owner's user class. 3. Use. Development of the propen~y described above shnll comply with the uses and development standards of City of Bremerton comprehensive land use plan adopted pursuant to ~CW 3~.13.177and any adopted subdivision and street stand,ds oi= the City OTJ~SIDE U~I~IF.S AGR.EE~I~.I~Fr -1- {¢ O?,~ORA~EY?^~TIXFERSt-I-I?) 4. Utility_ Improvements. 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 mrea 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. F. $: 61122020t. FR 271'9" 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 re~:ord 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. BY: . _mlI_l_m s__, ItR~, WA. 98310 OUTSIDE UTILITIES AGREEMENT -2- (C ORPORATE/PARTNERSHIP) STATE OF WASHINGTON ) i SS. COUNTY OF K1TSAP ) On this day personally appeared before me Gale P. Culbert President ., of Ironwood Builders, Inc. , the 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 s,%i.'d ¢orporation~ for the uses and purposes therein mentioned, and on oath stated that he--bay was~a~: authorized to execute said instrument on behalf of said corpomtion~. GIVEN under my hand and official seal this 21st day of October 19 3e. ,, the of w hington, residing at: Port Orchard, WA ~.m: * .:~. My appointment expires: August 15, 1998 -~%%~,F%,v. AS6\~t CITY OF BREMERTON HORTON, Mayor DEP~P~ROVAL: W. EU/C~ SAMPb'E'Y, Director of Public Works & Utilities IAN R. SIEVERS, Bremerton City Attorney STATE OF WASHINGTON &. F. S: ';611220204 ss. REL='L 1:~35 FR 27213 COUNTY OF KITSAP On this day personally appeared before me Lynn l-Ior~on, Bremerton City Mayor, the OUTSIDE UTILITIES AGREEMENT -3- (CORPORATE/PARTNERSHIP) municipal corporation described in and that executed the within and foregoing instrument, and acknowledged sa.id 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 ~ day of :" .~ '~..'~... " '~,. :'~, ~-. ,.~v,, Notary P~ohc...~ and'for the $~e of Washington, residing at: .(_.~'~ ~,~-~.-~,.,c~-.~,-~ · . ., '- ~ My appointment expires: .5"-/..5-- & F. ~: RF_E-L I]rg'~ FR 2721 OUTSIDE UTILITIES AGREEMENT -4- (CORPORATE/PARTNERSHIP) A PORTION OF SECTION 35, TOWNSHIP 25 N., RANGE 1 E. ; WILLAMETTE MERIDIAN I~EL ~5 FR 2722 TAX ASSESSOR'S NUMBER 352501-2-014-2005 LEGAL DESCRIPTION Portion of the Northeast Quarter of the Northeast Quarter of the Northwest Quarter conveyed by Auditors No. 1108385, the north 300 feet of the following descibed property: Commencing at the Northeast corner of the Northeast Quarter of the Northeast Quarter of the Northeast Quarter of Section 35, Township 25 North, Rande 1 East; Wilamette Meridian in Kitsap County, Washington; thence West 258 feet to true Point of Beginning, thence South 660 feet, thence West 144 feet, thence North 660 feet, thence East 144 feet to True Point of Beginning except north 30 feet for road as recorded in Short Plat No. 197, recorded 4/24/75, Auditors No. 1098013. 01~ 057 ~ 022' 016 I 049 027 24 099 045 0~0 026 025 06~ 06~ ......... 048