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HomeMy WebLinkAboutMOSHER CREEK ~.I FSAP COUNTY $12. O0 CHC~ FILED-BY: CITY Of BR~ERTON ~ ~ t996~ 3:27 ~ KAREN FLYNN, A~ITOR OUTS~E U~I~S AG~E~NT WHEREAS the Bremerton Municipal Code requires property outside the city boundaries to support annexation to the City of Bremerton as a condition for receiving City utilities (BMC 15.02.040 and 15.03.040); and WHEREAS the City of Bremerton has a primary, obligation to its citizens to allocate limited service resources for adequate growth and development within the City; and WHEREAS the undersigned, as owner of a parcel outside the City of Bremerton, has made application for city utilities; NOW, T1TEREFORE, the undersigned owner (hereinafter "Owner") of real property located at East side of the intersection of Central Valley Road and McWilliams Road NE ., Kksap County, Washington, (hereinafter '!Property'), legally described as: CLERk: BEVAN8 A,. F. 9611220203 s~ ~.,ma: "A" a:rrm;mmn REEL I::)r~t35 FR 2713 and the City of Bremerton (hereinafter "City"), in consideration of the mutual covenants set forth herein including the furnishing of utilities services by the City of Bremerton, do hereby promise and agree as follows: 1. Services Provided. City of Bremerton shall provide utility services consistent with service areas defined by thc City comprehensive utility plans as amended, and terms and c~nditions of a current Letter of Availability from the Bremerton Utilities Department. 2. Rates and Charges. Owner shall pay when due all connection charges, assessments, and rates established for city utilities services by City ordinance for the Owner's user class. 3. 1J$¢. 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 35.13.177and any adopted subdivision and street standards of the City OUTSIDE UTILITIES AGREEMENT -1- (CORPORATE/PARTNERSHIP) 4. LTtilirv Improvements. l,IA'r~w SI~VIC~ FOE A~O~LOT SOUUIvISI~T W.Lllt A SIla~;m FAMIT,Y RESIDI~IC~ C~I '~ 5. Annexation. Owner, by sig~ng below, grants to the City of Breme:":on a Limited Power of Attorney to include this Agreement as Owner's consent to the annexation of the Prope--xy as pa.tx of any Notice of Intent or Petition for Annexation presented to the City of Bremerton. The annexation petition supported by :his Power may include proportional assumption of the City. indebtedness by the area to be annexed. The petition shall require the concurred- adoption of land uses designated in any urban fringe comprehensive plan approved for the annexation area pursuant to RCW 35.!3.I77, or if none has be~n adopted, the land uses for annexed property, as set forth in the Breme:xon Zoning Code as amended. This Power of Attorney is non.revocable. 6. Enforcement. Violation of this A~eemenr may result Ln the immediate tenmnation of utilities services to the above-described pmpe,wy as weft as other remedies provided by law. 7. Covenants. The undersigned further agrees [hat this Agreement and the promise made herein constitute a covenant running with the land and shall be binding upon the undersigned and bis heirs, successors, and assigns, and that this Agr~ment shall be ~ed for rel:ord in the office of the Kitsap County Auditor. Owner agr~..s that any sale or transfer of the above-<lescribed property will be conditioned on execution and fi. ling of a duplicate copy of this outside utility agreement by the purchaser or transferee. DATED: xO.~,L.. °l(O B~' (¢ O~L~ O[L~,.T~? A.R~$ EEL:~) STATE OF WASHINGTON SS. COUNTY OF KITSAP On this day personally appeared before me .3o. ew~, k.....5't ~ [(~ ,~ . , and ::~amtica~,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 saj'd .oe~l~.aZ~ie~.~pamnership, for the uses and purposes therein mentioned, and on oath stated that ~they wz:\were authorized to execute said instrument on behalf of said :c~c=~cn~,parmership. GIVEN under my hand and official seal this Z.f=.v~_day of ~c.~,,..w" , C~RAI.D P. THORNBIJRGH ~ residing at: . ~ NOTAI~Y PUBLIC - WASHINGTOt~t My Commission Exoires 12-16-96 CITY OF BREMERTON LYNN HORTON, Mayor DEP OVAL: W. EUGENE SANI~&.L~, Director of Public Works & Utilities STATE OF WASI-I~GTON ) COUNTY OF K1TSAP ) On this day personally appeared before me Lynn Horton, Bremerton City Mayor, the OUTSIDE UTILITIES AGREEMENT -3- (CORPORATE/PARTNERSHIP) 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 ~ day 19 q~: ~"~ ~. ' N~tary Pu~lic..hq ~d ~or the ~mtc/ of Washington, . . ,,, . :~ .,?~:?~,.:.~:1' residing at: ,. ........... ..,,?, My appointment expires: ~5'---A5-- iii. F. t1:96tt22't]203 EL ~3"Zi; F R 2716 OUTSIDE UTILITIES AGREEMENT -4- (CORPORATE/PARTNERSHIP) TAX ASSESSOR'S NUMBER 262501-3-014-200X 352501-2-078-200X LEGAL DESCRIPTION The South 262.23 feet of the Southwest Quarter of the Southwest Quarter of the Southwest Quarter of Section 26, Township 25 North, Range 1 East; Wilamette Meridian, in Kitsap County Washington, Except the West 30 feet conveyed to Kitsap County by deed recorded under Auditor's File No. 691360; ~£L I]~35 FR 27]7 Together with the Northwest Quarter of the Northwest Quarter of the Northwest Quarter of Section 35, Township 25 North, Range 1 East; Wilamette Meridian, in Kitsap County Washington TAX ASSESSOR'S N~BER 352501-2-025-200X LEGAL DESCRIPTION The West ~alf of the East half of the North half of the Northwest Quarter of the Northwest Quarter of Section 35, Township 25 North, Range 1 East; Wilamette Meridian, in Kitsap County Washington, except McWilliams Road, subject to and together with easements of record I I ~ W/~U~5 ~o~ ....................................... 078 025 02~ 077 d