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HomeMy WebLinkAbout2921 PERRY AVE OUTSIDE UTILITIES AGREEMENT Wl:IEREAS 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 WFIEREAS the undersigned, as owner ora parcel outside the City of Bremerton, has made application for city utilities; NOW,TI~.REFORE, the undersigned owner (hereinafter "Owner") of real property , Kitsap County, Washington, (hereinafter '~Property'), legally d~scribed as: EXCISE TAX EXEMPT JAN g 1 1997 and the City of Bremerton (hereinafter "City"), in consideration of the mutual covenants set forth herein includin§ the furnishing of utilities services by the City of Bmmcrton, do hereby prorrdse and agree as follows: 1. Services Provided. City of Bremerton shall, provide ut/lity services consistent with service ~eas deemed by the City comprehensive ud]ity p]ans as amended, and te~ns and c~')nditions of a cu~ent I~tter of Aval]abi]/ty ~om the Breme~on UNities Department. 2. Rates a~d Charges. Owner shall pay when due all connection ch~§es, assessments, and rates established for city utilities services by City ordinance for the Owner's 1.1 set 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 35.13.177and any adopted subdivision and street standards of the City OUTSIDE UTILITIES AGREEMENT -1- (CORPORATE/PARTNERSHIP) 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 Bremenon. 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 ,.he concurrent adoption of land uses designated in any urban fringe comprehensive plan approved -for the annexation area pursuant to RCW 35.i3.177, or if none has been adopted, the land uses for annexed property, as set forth in the Breme~on Zoning Code as mended. This Power of Attorney is nonrevocable. 6. Enforcement. Violation of this Agreement may result in the immediate re.wnination of utilities services to the above-described property, as well as other remedies prov/ded by law. ~. i:'. ~: 971~t~t:]~15 a~re~s 7. Covenants. The undersigned further ~ that tn~s Agreement ana me promise made herein constitute a covenant running with the land and shall be binding upon the undersigned and his heirs, successors, and assigns, and thai this Agreement shall be filed for r~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. OWNER(S): DATED: BY: ~~ BY: , OUTSIDE UTILITIES AGREEMENT -2-V~-~tq~ M..~o~a ~ (CORPORATE/PARTNERSHIP) STATE OF WASHINGTON ) : SS. COUNTY OF KITSAP ) · On this day personally appeared befor~ me ~. lP~:~. . , and !J,~-_.f::ao~ .~4~e_ . of /4. r~,~aa l~a~,eu~ ~'. /aJ~--~ h~sv~the corporafion\pannership described in and that executed the 4vithin and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporafion\parmership, 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\parmership. GIVEN under my hand and official seal this ,~S~°day of Oei~-Ot~e~- Notary ?u~c in an~ for,the. Siate of _'/64s.'!!ing~,~, '~]-? residing at: ~tJ.~¢~ "~77. ', ~v~ ~.,, ,:7/7 My appointment expire~.' /~ -t -5~/';. ~*,~ s',~' .'~- .~ CITY OF BREMERTON DEPA~/~rm~:~( ~PROVAL: ~. F. J: 97C)1~t~ ~ O943 FR 03t6 W. EUGEN]~ S'A~irector of Public WorKs & Utilities AP~TO FORM: IAN R. SIEVERS, Bremerton City Attorney STATE OF WASHINGTON ) : $S. COUNTY OF K1TSAP ) On this day personally appeared before me Lynn Florton, Bremerton City Mayor, the OUTSIDE UTILITrES 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 ~.~6':~ day ot ~ , ,,-~.* £. //.... C,: ;.,0~',~'., .~...:: '., Notary Pu~c..m-~c/fo~ the State 6fWashington, residing at: . ,. ...~.: ~- .~ My appointment expires: KATI4I,~F~' L. ~4cCLUSKEY, CITY CLERK A. F. t1:9713t2213015 P 1:]9~.3 FR 03'17 OUTSIDE UTILITIES AGREEMENT -4- (CORPORATE/PARTNERSHIP) A PORTION OF SECTION 12, TOWNSHIP 24 N., RANGE 1 E.; WILLAMETTE MERIDIAN TAX ASSESSOR'S NUMBER 122401-1-033-2002 LEGAL DESCRIPTION Beginning at the Northeast Corner of the Southeast Quarter of the Northwest Quarter of the Northeast Quarter, Section 12, Township 24 North, Range 1 East; Wilamette Meridian; thence N 88°50'18,,W 30 feet; thenc? S 02°02'35"W 30 feet to True Point of Beginning; thence S 02° 02'35"W 67.92 feet; thence N 88°52'03"W 120.76 feet; thence N 02 02'35"E 67.94 feet; thence S 88°50'18"E 120.77 feet to Beginning.~-~ SUZ JgC 7'