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HomeMy WebLinkAbout5800 & 5830 WERNER ROAD AUDITORS NOTE LEGIBILITY FOR R~CORDING AND UNSAII~ACIORy IN A PORTION OF THIS OUTSII)E U'I'ILITII~ AGREEMENT INSTRUMENT WHEN RECUVED. WIIEREAS Ihe ]:lremerlon Municipal Code requires properly 'mls~de Ihe city boundaries lo supporl mmexafion Io the City of Bremerlon as a coqdifion for recelvl,g Cily utilities (BMC 1.5.02.040 and 1.5.03.040); and WIIEREA$ the City of Bmmerlon has a primary obligation Io its citizens to allocale. Ihniled service resources for adeq{mle growlh and development willfin WllEREAS Ihe undersigned, ns owner ora parcel oulside Ihe City of Bremerlon, made application for cily utilities; NOW,TIiI~ItEFOI(i~, Ihe ~ dmslgned owner (hereinnfler "Owner")of rcnl properly localed at 5800 ~ 5830 ~RN~R _, Kilsnp Courtly, Washinglon, (hereinafter '1'roperly'). SEE E~IBI~ "A" ATTACHED ~ 24, tK m~d lhe Cily of Bremerlon (herehmfler "City"), ' ~' ~ ~ m con~deral~on muhml covenm~l~ sel forth herei, including Ihe fi~rnishlng of ~ lililms services by Ihe City of BremeHo~h do hereby promise and ngree ~s follown: ~ ~ I. ~grvic~s l'rovidcd. Cily of Bremerlon slmll provide ulilily service~ c~,s,~le,l wilh service areas defined by lhe Cily co nprehenslve ufilily plans ~ mnended, m~d lerms ami condilion~ of a currenl l.eUer of Avn'labihly from Ihe 13remerlon Utilities Depnrlmenl. 2. ~s and ~ha_[l~ Owner sl*nll pay when due all connection chmgcs, ~ssessmenls, and roles eslablished for cily ulililles services by C'ly ordinance for the Owner'~ tlscr 3. Us~. Dcvclopmcn{ iff {he property dcscHbcd abovc shah compmy wi{h the uses n,,d devemopn,e,,t slnndnrds of Cily or Brcmerlon comnl)rehensive land use plm~ mlopicd pursunn[ 1o RCW 35.13.1T/and n{]y ndoplcd subdivision and slreet slandards of the City of 13rcmerton. OUTSIDE IJTILITIES AGRI~EMIZNT (INDIVIDUAL) Utility hnp_rovcn_lcnts, I~ATER SERVICE TO TI,/O LIGH~ INDUS~R~IAL ~/AREHOUSE STRUCTURES 5. Annexatiot!. Owner, by signing below, granls to the City ofBremerto, a Limiled Power of Attorney to inch}de Ihis Agreement as Owner's consent to the an,exatlon of the Properly as part of any Notice of lnlent or Petition for Am~exation presented The mmexafion petition supported by this Power may include proportional assumption of Ihe Cily indebled,ess by the area to be annexed. The petition shall require thc concurrent adoption of land uses deslgnaled in any urba, fiinge comprehensive plan approved for the mmexalion area pursuaut 1o RCW 35.13.177, or ifuone has been adopled, lhe land uses for mmexed properly as set forlh in fl~e Bremerton Zoni,g Code as amended. This Power of Attorney is nonrevocable. 6. Enforcement. Violalion of tiffs Agrecmeut may result in (he immedia(e termination of utilities services Io Ihe above-described property as well as oilier remedies provided by law. 7. Covenan[~. Thc undersigned filrlher agrees thai lifts Agteemen( and (he promise made herein consfilule a covenan( runni,g with the land a,d shall be bindb~g t~pon undersigned ami his heirs, st~ccessots, and assigns, ami Iha( this Agreement shall be filed for ~ccord in the office of the Kilsap County Audilor. Owner agrees Ihat auy sale or Iransfer' of the above-described prope~ty will be condilio,cd o, execulion and filing of a dupllcale copy of this outside utili(y agrccmc,I by Ihe purchaser or tra,sferee. OWNER(S): MICHEL D. ~ORS HIC~EL & HIKELINE HEHRS OUTSIDE UTILITIES AGREEMENT -2- (INDIVIDUAl.) STATE OF WASHINGTON ) ~ SS, COUNTY OF KITSAP ) On this day, before me, the undersigned, a Notary Public in and for the State of Washington, personally appeared ~/~). g ~;J-~ fi- ~ , to me known to be the individual(s) described in and who executed the within and foregoblg instrument, and acknowledged that he/she/they signed the sanle as hls/ber/their free and voluntary act and deed, for the uses and purl)oses llle~ein mentioned. GIVEN under my hand and official seal this [~ day of ~ 19~ ' Public and State of Washiagton, N~y - in residing at: ~ ~ My nppoinlmenl e~ires: ~ ~ /ppff CITY OF BREMERTON DATED: ~.~ ~r~d~ BY:Ly~ IIORTON, Mayor KATIILEEN McCLUSKEY~ Cily Clerk IA~ R. SIEVERS, City Altorney El rector u[ Public Works & Htifities OUTSIDE UTILITIES AGP, EEMENT -3- (INDIVIDUAL) STATE OF WASHINGTON SS. COUNTY OF KITSAP On this day personally appemed 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 executed the within and foregoing instrument, and acknowledged said inslrmnenl to be the flee and volunlary act and deed of said corporation, for the uses and purposes therein mentioned, and on oalh stated that they were authorized lo execule said i~strumeat on behalf of said corporation. GIVEN trader myhand and official seal dfis~day of~, 19~. .. ,~ ~ '~. L: t,~'. ~ ~ ~ .... ~ * - ,' Nolary l't }nU State ~Wasbington, ~'~ .... - 7. =: residing al: ~~) ~. ~rj~...'*~ My al,l,ointn~ent expires: ~ OUTSIDE UTILITIES AGREEMENT -4- (INDIVIDUAL) EXHIBIT "A" A PORTION OF SECTION 21, TOWNSHIP 24 N., RANGE 1 E. ; WILLAMETTE MERIDIAN TAX ASSESSOR'S NUMBER 212401-2-076-2007 (LOT A) 212401-2-113-2002 (LOT D) (LOT A OF SHORT PLAT NO. 21a~, RECORDED UNDER AUDITOR'S FILE NO. 8001240117) THE WEST HALF OF THE NORTHEAST OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUANTER AND THE EAST HALF OF TH~ NORTHWEST QUARTE~ OF THE SOUTHWEST OF 'THE NORTHWEST QUARTER OF ~ECTION 21. TOWNSHIP 2~ NORTH, RANGE 1 EAST, W.M.~ IN KITSAP COUNTY, WASHIN~TON~ EX~£PT THE NORTH HALFI EXCEPT THE EAS'T 5~0 FEET~ EXCEPT THE NORTH 200 FEET OF THE REMAINDER~ AND EXCEPT' THE COUNTY ROAD. SECTION 21 TOWNSHIP 24 RANGE 1E (LOT D OF SHO~T PLAT NO. 216~: RECORDED UNDER AUDITOR'S FILE NO. 80012~0117) THE EAST 140 FEET OF TH~ FOLLOWING DESCRIBED P~OPERTY: THE ~EST HALF OF THE NORTHEAST ~UA~TER OF THE SOUTH~ST QUARTER OF THE NORTHWEST QUARTER AND THE EAST HALF OF THE NORTHWEST~ QUARTE~ OF THE SOUTHWEST QUARTER O~ THE NORTHWEST QUARTE~ OF ~E~TION 21, TOWN~HIP 24 NORTH~ RANGE I EAST, W.M., IN K~TSAP COUNTY~ WASHINGTON~ EXGEPT THE NORTH HALF~ EXC~P~ THE EAST 580 FEET~ AND EXCEPT THE COUNTY ROAD.