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'