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HomeMy WebLinkAboutNW CORNER OF WERNER ROD AND IDA STREET AUDITORS NOTE LEGIBILITY FOR RECORDING AND COPYING UNSATISFACIORY IN A PORTION OF THIS OUTSII)E UTILITII~ AGREEMENT INSTRUMENT WHEN R£CEIVED. WiiERIgAS the Iheme~ton Municipal Code requires property outside the city boundaries to support mmexalion Io Ihe Cily of Bremerton as a condition for receiving City ulililies (BMC 15.02.040 and 15.03.040); and WilEREAS Ihe City of B~emerton has a ln"mary obllgahon to ils cilizens Io allocate limiled service resources for adequale growth and development wilhin the Cily; and WIIEREAS the umlersigned, as owner ora p~rcel outside Ihe City of Bremerton. has made application for city ulililies; ~ ~ FR t579 NOW,TilEIU~lrORE, Ihe umle[signed owner (hereina[ter "Owner")o[ leal properly located at the northw~rner of ~erner Road and Ida Strait , Kitsal, County, Wasl~ ~aaer '1',ol,e,'ty'), legally described as: FI Y: RT ~ ~ ~IT~ set rom'th herein inchmding Ibc furnishing or ulililies services by the City of Bremerton, cio hereby promise and agree as follows: 1. Services Provided. Cily of B[emeUon shall provide utility services cousislent wilh service areas defined by the C'ty comprehensive utility plaus as amended, and lerms and conditions of a curreut Lctler or Availability from the Bremerlon Ulililies Department. 2. Rt2tes and Charges, Owner shall pay when due all donnection charges, assessments, and tales established for city ulililies services by Cily ordiuauce for the Owner's user class. 3. Us~. Devclopmenl of the In'opedy described above shall comply with the uses ami development standards of City of Bremerlon comprehensive land use plan ad~pted lmrsuant to RCW 35.13.177and any adopled subdivisiou and street standards of the City o[ Bremedon. OUTSII)E UTILITIES AGRIZI~;MHNT -I- (CO I~.POI{ ATE/I'^ P, TN IZRS I I I P) Ulilily.Agt - Revised 8118192 4. Utility hnprovcmcnts. I,~A'I:ER AND I, IAS'rEI,1ATER SERVICE 'tO A CO~ERCI~ S~RUC~E 5. Ammxalion. Owner, by signing below, granls to the City o[B~emerton a Limiled l'uwer of Allomey Io include lifts Agreement as Owner's coasent Io Ihe annexalion of Ihe Ihoperly as pail of any Nolice of Inleat or Petition for Am~exation presented Io Ihe City of themerton. The mmexation petilion SUpl)otled by this Power may include prol>m'llomd assumplion of Ihe City imlebledness by the area lo be mmexed. The pelillon shall require Ihe concurrent adoption of laml uses designaled i~l any tlrball fringe comprehensive plan aH>roved for Ihe mmexation area pursuant Io RCW 35.13. 177, or if none has bee~ adopted, Ihe land uses for mmexed properly as set fotlh in the Bremerlon Zoning Code as amemled. This Power of Altomey is nonrevocable. 6. Enforcement. Violalion of this Agreement may result in Ihe immediale lermination of ulililies services to Ihe above-described properly as well as olher remedies provided by law. 7. Covenants. The undersigned flnlher agrees that Ihls Agreement and Ihe promise made herein conslitute a covenaut running with ll~e land and shall be binding upon unders~gaed and his heirs, successors, and assig,s, and that this Agree~i~ent shall be filed for lecord in the office of the Kilsap Counly Audilor. Owner agrees Ihat any sale or transfer of Ihe above-described properly will be comlilioncd on execullon and filing of a duplicate copy or Ihis oulside ulility agreement by Ihe imrchaser or Iransferee. OWMI~R: 10900 NE 8TH ST. SIR. 900 BELhE~E, ~A. 9800~-6605 BY: OUTSIDE UTILITIES AGREEMENT -2- (CORPORATE/PARTNERSIIlP) tllJJJly. Agl - Revised 8118/92 STATE OF WASItlNGTON SS, COUNTY OF KFI'SAP On this day personally appeared before me W*'lllam E. Sehourup, Pz'eslderl~ N/A , Of Seattle Realtu Incorporated , the corporationX~~ described in and that executed the within and foregoing instrument, and acknowledged said instrument to be the free and vohmtary act and deed of said corporationX~~ for the uses and purposes therein mentioned, and on oath stated that he~hOhl~ wasX~ex at~thorized to execute said instrument on Behalf of said corporationXp~. GIVEN under my hand and official seal this ~ day of ~h~ , 19 ~g ~OTARy .~ residing at: w~e o~d. w~ {~: . }~ My appointment expires: august 15, 1998 ',2~W~l CITY OF BREMERTON I.YNN }tORTON, Mayor ATFEST: KAI'HLEEN McCLUSKEY, City Clerk APPROVED AS TO FORM: DE~IU~MENTA~APPROVAL: lAN ~. SIEVE~S, City Attorney EDDY CHU/Director of Public Works & Utilities OUTSll)E UTILITIES AGREEMENT -3- (CORPOP, ATE/PARTN ERSI II P) STATE OF WA$111NGTON SS. COUNTY OF K1TSAP On this day personally appeared before me Lynn Ilorlon, Bremerton City Mayor, aad Kalhleen L. McCluskey, Bremerlon City Clerk, of the City of Bremerton, the municipal corporation described in and that execnted the within and foregoing instrument, and acknowledged said instrument to be the free and volunlary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized lo execute said instrumen~ on belmlr of said corporalion. GIVEN under my hand and official seal this~ clay of~, 19~ - :.-: ~. -~'/ Notary Pubdc i~ %r~e State ~Wdshi,gto,, : ~"' o~ ~ .;'o~,~.,;~ ;_.~ ~- ': '< =~ residing at: ~~~ ~:. ~ ~O~ ' ~ ~ My appointment expires: ,~-75' ~ OUTSIDE UTILITIES AGI~,I~EMENT -4- (COI~,PORATI~/PA RTN EP, SIIIP) EXHIBIT "A" A PORTION OF SECTION 21, TOWNSHIP 24 N., RANGE 1 E. ; WILLAMETTE MERIDIAN TAX ASSESSOR'S NUMBER 212401-2-072-20~.~~~~ LEGAL DESCRIPTION The east 380 feet; except the east and south 30 feet for roads of the following described property: The Southwest Quarter of the Northeast Quarter of the Southwest Quarter of the Northwest Quarter and the Southeast Quarter of the Northwest Quarter of the Southwest Quarter of the Northwest Quarter. All in Section 21, Township 24 North, Range 1 East, W.M. in Kitsap County, Washington. 0 4) ERNER