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HomeMy WebLinkAbout2700 PERRY AVEFiled for Record at Request of.' H iii I Ill Ii Ill Hill ii Page: 1 0£ 4 Name: City Clerk 81/22/08 BRE~I~'RTON CITY OF 8GUT $11.B$ Kitsa~ Co, Address: 239 Fou~ Str~ Br~eao~ WA 98337 Document Title: ~tside U~ties ~ent (~dMdu~) Pmj~ Name: N/A Bev~oer Name: Low~e E. Sch~tz ~a~n: 2700 P~ Av~ue T~ P~m~ ~ 4562-~-005,0007 Abb~iat~ ~ Lot 5, G.B. ~en~ Ad~fion, ac~r~g to plat th~eo[ r~orded ~ 9~efiption: Volme 6 0fPlats, P~e 55. R~rds of~t~p Coup, W~on. Lomt~ ~ S~. 12, T~ 24 N, R 1 E.; W.M. OUTS~E U~S AG~EMENT 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 epp!ication for ci~r ut/!Lfies; NOW, THEREFORE, the undersigned owner (hereinafter "Owner") of real property located at 2700 Perrv Avenue , Kitsap County, Washington, (hereina_~er "Property"), legally described as: SEE ATTACHMENT "A" and the City of Bremenon (hereinatter "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 conditions of a current Letter of Availability fi.om the Bremerton Utilities Deparmaent. 2. Rates and Charges. Owner shall pay when due all connection charges, assessments, and rotes established for city utilities sexvices by City ordinance for the Owners user class. 3. Use. Developmem 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 35.13.177 and any adopted subdivision and street standards of the City of Bremerton. 4. Utilit~ Improvements. ~ewer ~ec~ice to a sh~gl~ fa~aily ~ide-ce. 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 concurrem 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 sd forth in the Bremerton Zoning Code as amended. This Power of Attorney is nonrevocable. 6. Enforcemeffr. Violation of this Ag~-~lent may result in the mediate termination of utilities services to the above-described property as well as other remedies provided by law. 7. Covenants. The undersigned further agrees that this Agreeme~ and the promise made herein constitute a covenant ninning 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 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): BIi~MERTON CITY OF AGMT 111.88 Kitsa~ Co, HA STATE OF WASHTNGTON ) COUNTY OF KITSAP ) On t~ day, be/pre,me, .tl~e.undersigned, a Notmy Public in and for the State of Washington, personally at~peared /~e../ _t~_.~eko_~q~7o. , to me known t~ be th~ indiv~ch~l(s) de~n]aed in and wh0 e, xecut~ the within and fo~goix{g instrament, and a~wledg~d that he/she,/th~ signed the same as his/her/their fr~ and voluntm'y LY~q HORTON, Mayor ~ AS TO FORIv~ 7 ~ Breme~.~J~. Al~omey STATE OF WASHINGTON ) COUNTY OP KITSAP ) O~ tills day pezso~lly appeared before me Lymi Hor~o~ Bmmenon Ci~ ~o~, the nmmcipal corporalio~ vohmta~. ~ ~ deed of said coq~mlio~ for ~ uses a~l ~ ~ mealione! and on oath staled ~ ~ey were am!l~ ,~,, ~ea~e said insmmiem on ~df of said corporation. -"-~" -~" '. ¢, ' // : .~'.-' ~.,~' '. ~*+ . .,1~~, i ,~ "~"'~ e~ -~ r' Nota~Public~lndfortheSlateofWashington, '..?'.,, .,.. '. .~ .$ . ~ ~.... ,~ ~ My appointment expires: IIIIIIIIllll Illl fli[ll Page: 3 0£ 4 BRL'M~RTOfl CITY OF AGMT 111.8~ Kitsap Co, WA EXHIBIT "A" A PORTION OF SECTION 12, TOWNSHIP 24 N., RANGE 1 E.; WILLAMETTE MERIDIAN TAX ASSESSOR'S NUMBER 4562-000-005-0007 LEGAL DESCRIPTION Lot 5, G.B. Lawrence Addition, according to plat thereof; recorded in Volume 6 of Plats, Page 55. Records of Kitsap County, Washington. Page: 4 of 4 BREMERTOH CITY OF flGMT $11. Kitsae Co, Uti