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Home My WebLink About200 S NATIONAL AVE AUDITORS NO'~E LEGIBILITY FOR RECORDING AND COPYING UNSATISFACTORY IN A PORTION OF THIS OUTSIDE UTILITIES AGREEMENT INSTRUMENT WHEN RA[CEIVED. WIIEREAS lite Bremerton Municipal Code requires property outside the city boundaries to support annexatioq lo the City of Bremerton as a coudifion for receiving City utilities (BMC 15.02.040 and 15.03.040); and WIIEREAS the City of Bremertou has a primary obligatioo to its c. itizeos to allocate limited service resources for adequate growth and development within the City; and " WiIEREAS the undersigned, as owner ora parcel outside the City of Bremertou, has made applicatiou for city utilities; NOW,TIIEIt. EFORE, the undersigued owuer (bereiuafter "Owuer")of real property located at the Southeast corner of the intersection of Columbia Way /.~.o/~'. and National Avenue//d4T/oMA/' Kilsap Couuty, Wasllit~t~ll~l~(~fl*ter '?roperty'), legally described as: $1t,0O CliCK FIlED-BY: BIIB~RT. C,TY See gxhibit "A" Attached CLERK: ~IILIER and Lite City of Bremerton (hereinafter "City"), in consideration of lite mntual covenants set forth hereiu including the furnishing of ntilities services by tim City of Bremerton, do hereby promise aud agree as follows: ~ I~ FR t&12 1. Services Provided. City o£ Brcmcrton shall provide utility services cousistcnt with service areas defined by the City comprehensive utility plans as ameuded, and lerms and couditions of a current Letter of Availability from lite Bremerton Utililies Departmeul. 2. Rates and Charge_s. Owner shall pay wbeu due all cotmectiou charges, assessments, and rates eslablished for city utilities services by City ordiuance for lite Owuer's user class. 3. Use. Developmeut of the property described above shall conlply with tile uses aud development slandards of City of Bremerton comprehensive laud use plau adopled pursuant lo RCW 35.13.177and any adopted subdivision and street standards of tile City of Bremerton. OUTSIDE UTILITIES AGP, EEMENT -I- (C O 1~, PORATE/PA RTN EI~,S ti I p) 4. Utility Improvements. Water Service to a United States Post Office 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 Ihe Property as part of any Nolice of Intent or Petition for Annexation presented to Ihe City of Bre,nenon. The mmexation petition supported by this Power may inclnde proporlional assumplion of the City indebtedness by the ~ea lo be annexed. The petition shall reqnire the concnrrent adoption of land uses designated in any urban fringe comprehensive plan approved for the annexation ar~ pursuit lo RCW 35.13.177, or if none has been adoMed, the land uses for annexed property as set forth in the Bremerton Zoning Code as amemled. This Power of Attorney is nonrevocable. 6. Euforccmcnt. Violation of lifts Agreement may result in the immediale mrmiuation of utilities se~ices to the above-described property as well as other remedies provided by law. 7. Covenant~. The undersign~ further agrees that Ihis Agreement and tim promise made herein conslilute a covenant runuing with the land and shall be binding upon the undersigned and his heirs, snccessors, and assigns, and that this Agreement slmll be filed for record in the office of the Kitsap Connty Auditor. Owner agrees that any sale or Iransfer of the above-described property will be condilioned on execution and filing of a duplicale copy of this outside utility agreement by the pnrchaser or transferee. OWNER: OUTSIDE UTILITIES AGREEMENT -2- (CORPOItATE/PA RTNEI~Sltl P) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~ ~tate of ~-A~/J~"o~4//'4 '~ County of ,,.~,v' /-~-z,~'~ .~ CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove On '~/~o/~/~',6'/ before me. ~-~z/~- C. ~q-nJ4,~a,/~ ,,~"~.,"a~j/,,'~,~e'¢ invaluable to pemons relying on the document.[] INDIVIDUAL NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY personally appeared ~-O,5' ~-'~/i/ ~)o /'//~",~--~ 7'-- [] CORPORATE OFFICER(S) NAME(S) OF SIGNER(S) TITLE(S) [] personally known to me - OR -~.,proved to me on the basis of satisfactory evidence [] PARTNER(S) [] LIMITED to be the person(s) whose name(s) is/are [] GENERAL subscribed to the within instrument and ac- [] ATTORNEY-IN-FACT knowledged to me that he/she/they executed [] TRUSTEE(S) ....................~",';'~ii~*..~'~'~ OFFICIAL NOTAR,Y, SEAL i thecapacity(ies).Same in andhis/her/theirthat by his/her/theiraUth°rized J[~O~"=e THER: D GUARDIAN/CONSERVATOR ! ~'~'-~;!1 Not~ry Public-- CaJifomia [ signature(s) on the instrument the person(s), / JO ANNE C CANNON 0~ ~{,:~i;~,',~' SAN MATEO COUNTY [ or the entity upon behalf of which the ~_~ ~ Comm. ~ AUa ,,.~ ~ pemon(e) acted, executed the instrument. SIGNER IS REPRESENTING: NAME OF PERSON OR ENTITY{lES WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL SECTION MUST BE A'rrACHED TO TITLE OR TYPE OF DOCUMENT~/-~i;/,~,&' THIS CERTIFICATE NUMBER OF PAGES DATE OF DOCUMENT It co~d pm~,~t hudMlem ~al~ent ol ti~e fown. SIG~ER(S) OTHER THAN NAMED ALCOVE CITY OF BREMERTON LYNN HORTON, Mayor ~ATTEST: APPROVED AS TO FORM: DEPARTMENTA APPROVAL: lAN R. SIEVERS, City Attorney EDDY CHU, Director of Public Works & Utilities OUTSIDE UTILITIES AGREEMENT -3- (CORPORATE/PARTNERSHIP) Utility3.Agt - Agreemenl Forms - Revised 8118192 STATE OF WASHINGTON ) : SS. COUNTY OF KITSAP ) On this day personally appeared before me Lynn Horton, Bremerton City Mayor, and Kathleen L. McCluskey, Bremerton City Clerk, of the City of Bremerton, the municipal corporation described in and that execuled the within and foregoing instrument, and acknowledged said instrument to be the free and vohmtary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that fl~ey were authorized to execute said instrument on behalf of said corporation. GIVEN under my hand and official seal this ~ day of "~' ~ "~ Notary Pt~li~nd~or the stye of Washington, ;~ ~.~ ~: ~ residing at: ;~ ~:. "'~%. i~ My appointment expires: OUTSIDE UTILITIES AGREEMENT -4- (INDIVIDUAL) Ufilily2.Agl - Agreemenl Forms - Revised 8/I 8/92 EXHIBIT "A" THAT PORTION OF THE SOUTHWEST QUARTER OP THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OP SECTION 22, TOWNSHIP 24 NORTH, RANGE I EAST, W.M., IN KITSAF COUNTY~ WASHINGTON, DESCRIBED AS POLLOWS: COMMENCING AT THE NORTHWEST CORNER 0~ THE SOUTHWEST QUARTE~ 0~ THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION, SAID POINT BEING THE TRUE POINT OF BEGINNING OF THE TRACT HEREIN DESCRISED~ THENCE EAST ALONG THE NORTH LINE 0~ SAID SOUTHWEST QUARTER OP THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER TO A POINT I~5.75 ~EET WEST OF THE NORTHEAST CO~NER OF SAID SUBDIVISIONI THENCE SOUTH~ PARALLEL WITH THE EAST LINE O~ SAID SOUTHWEST QUARTER OR THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER~ TO THE NORTH LINE OF THE LAND C~NVEYED TO ~UST ANDERSON BY DEED RECORDED IN VOLUME 126 O~ DEEDS, PAGE 2S~, UNDER AUDITO~°~ PILE NO. 1080~8; THENCE WEST ALONG THE NORTH LINE OF ~AID ANDER~GN TRACT TO THE NORTHWEST ~ORNER THEREOF~ THENCE SOUTH ALONG THE WEST LiNE OF SAID ANDERSON TRACT TO THE INTERSECTION OF THE PROLONGATION OF THE NORTH LINE OF THE LAND CONVEYED TO ADAH M. EUBANKS SY DEED RECORDED IN VOLUME 15~ OP DEEDS, PA~E 3~7, UNDER AUDITOR'S PILE NO. 1185~, WITH SAiD WEST LINE; THENCE WEST ALONG THE NORTH LINE OF SAID EUBANKS TRACT AND THE PROLONGATION THEREOP TO THE WEST LINE 0~ THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF. THE NORTHWEST QUARTER OF SAID SECTION~ THENCE NORTH ALONG THE SAID NEST LINE OF SAID SUBDIVISIQN TO THE TRUE POINT OF BEGINNING; EXCEPT "NATIONAL AVENUE" ON THE WEST AND "COLUMBIA NAY" ON THE AS CONVEYED TO KITSAP BY DEEDS RECORDED UNDER AUDITOR'S PILE NE~. 48~15~ AND 772574.