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HomeMy WebLinkAbout4081 ST HWY 3 OUTSIDE UTILITIES AGREEMENT IYFIEREAS 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 VOtEREAS 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 VOtEREAS 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 4081 ST. ~ 3 , Kitsap County, Washington, (hereinafter 'l~roperty'), legally described as: $11, r~~KITSAP COUNTY C~K FiLED-BY: CITY OF BRF.~RTON ~REN FLY~ AUOiIOR SEE EXHIBTI~ **A*' A~'rACHED CLEm: BEVANS 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 the City comprehensive utility plans as amended, and terms and c~mditions 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. 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) ,~m~.. of Bremerton. 4. Utilitw Imvrovements. DOHESIIC WAIER SERVICE CURRENIL¥ BEING PROVIDED IO A COI~IERCIAL/RETAIL BUILDING. A FIRE HYDRANI TO BE INSTALLED AS REQUIRED BY COUNTY FIRE HARSHAL TO PROVIDE ADEQUATE FIRE FLOW. 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 properly 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 Kit. sap 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. TAHIR "T J" ll~ffiD BY: ~81 STATE ~ #3 RST, WA. 98337 OUTSIDE UTILITIES AGREEMENT -2- ~%. F. ~: (CORPORATE/PARTNERSHIP) ['~-i~l_ ~[I~ FR 0286 STATE OF WASHINGTON ) ; SS. COUNTY OF KITSAP ) On this day personally appeared before me Tahir Ahmed N/A ., of TJ Bedroom Masters , the corporation\~i~ 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 corporationkgamn~atxi~ for the uses and purposes therein mentioned, and on oath stated that he'~te',~,'y was\~ author/zed to execute said instrument on behalf of said corporationkgaam=ahipt GIVEN under my hand and official seal this32st day of 19 96. ,_?, ' -- _. ~.~ . . :>~ residing at: Port Orchardr WA %u- %. I~3BLIG ." ~ My appointment expires: ~,~.~-~-.~'~' CITY OF BREMERTON LYNN HORTON, Mayor W. EUGE~_~flM~irector of Public Works& Utilities IkN~R. SI~V~aRS, Bremen0n City Attorney STATE OF WASHINGTON ) i%. F. ~1~-" :ss. I~'--i='l O';O~5 FR COUNTY OF KITSAP ) On this day personally appeared before me Lynn Horton, Bremerton City Mayor, the OUTSIDE UTILITIES AGREEMENT -3- (CORPORATE/PARTNERSHIP) U61ity3.Agt - Air~m~at Forms - Revised 3/13/95 municipal corporation described in and that executed the within and foregoing instrument, and aclmowledged 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 . ~ P~I dkfor the S Washington, ~,' '%, ~v~c .-. / residing at: "· .. .,'~,. My appointment expires: AUDITORS NOTE LEGIBILITY FOR RECORDING AND COPYING dl~., F,. ~-' ~;~~dc~[] UNSATISFACTORY IN A PORTION OF THIS ~F_F_.I_ ~ FR 02,B,B INSTRUMENT WHEN RECEIVED, OUTSIDE UTILITIES AGREEMENT -4- (CORPORATE/PARTNERSHIP) Utility3.A~ - Agreement Fomas - Reviaed 3113195 A PORTION OF SECTION 32, TOWNSHIP 24 N., RANGE 1 E.; WILLAMETTE MERIDIAN TAX ASSESSOR'S NUMBER 4607-001-001-0105 LEGAL DESCRIPTION LOTS 1 & 2, BLOCK t, O'BRIEN MANOR, ACCORDING TO PLAT RECORDED IN VOLUME 7, PAGE 32, IN KITSAP COUNTY, WASHINGTON; SITUATE IN KITSAP COUTY WASHINGTON. EEL ~1]~:3 FR 0289 -- I--' ,, ~ ,, -~-~o~ ~:.' .~ ~'~ - F - r - ~- : I I J ~ -PL-EA~T '"1- - ~T.-'ts~-404) ':~L~-I