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HomeMy WebLinkAbout5224,5226,5238,5240 W FRANCIS ST AGREEMENT FORMS DISK OUTSIDE UTILITIES AGREEMENT (INDIVIDUAL) UTILITY2.AGT OUTSIDE UTILITIES AGREEMENT 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 application for city utilities; NOW,THEREFORE, the undersigned owner (hereinafter "Owner")of real property located at 5224/5226 AND 5238/5240 W. FRANCIS STREET ., Kitsap County, Washington, (hereinafter '~'roperty'), KITSAP COUNTY legally described as: $ti, 00 C~CK KItED-BY: BREHERTON CITY OF JOt 3t, t99'J, t0:~ ~ SEE EXHIBIT "A" ATTACHED [(AREN FLYNN, AODITOR CLEM: HEINEHAN and the City of Bremerton (hereinafter "City"), in co4~ffid~era~io~nn=ofme'~--'~O7310128mummcovenants set forth herein including the furnishing of utilities services by the City of Bremerton, do hereby promise and agree as follows: IR~lE~_ Og~9 FR ~.71 $ 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 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- (INDIVIDUAL) Utility2.Agt - Agreement Forms - Revised 3/13/95 of Bremerton. A. F. #." 950731[0'!28 4. Utility Improvements. I~-l~L ~ FR ~t712 WATER AND SEWER SERVICE TO TWO DUPLEX APARTMENTS ON SEPARATE LOTS 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 property 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 u~dersigned 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. DATED:-~/2,, · DAVID C. HARPI~iR DAVID & VANESSA HARPER 5226 W. FRANCIS ST. BREMERTON, WA. 98312 VANESSA L HARPER / (Spout) OUTSIDE UTILITIES AGREEMENT -2- (INDIVIDUAL) Ulility2.Agt - Ag~ement Forms - Rcvlaed 3113/95 STATE OF WASHINGTON ) : SS. On ~is d~y, beforc me, ~e undersisn~, a No~ Public ~ ~d for the Sate of Wsshin~ton, ~r~n~ly ap~ ~ ~. ~ ~ L. ~, to me ~own to bo ~o indivMu~(s) do~b~ in ~d who ex~ut~ ~e wi~in ~d foro~oin~ ins~ment, ~d ac~ow]~ ~at h~sh~ si~n~ ~e ~mo as his/he~ fr~ ~d volun~ act ~d d~, for tho uses ~d pu~s ~omin mentionS. GIVEN under my h~d ~d offici~ s~ this {Z~ day of ~J~< , 19 . ~!;~.0Illr'~'*. No~ Public i~~te of W~hington, E . . ~ residing at: ~ .~ ~0Btlg ~ ~ Myap~intment expires: ~Y OF B~ERTO~ L~ HORTON, Mayor DEP~ROVAL: W. EUGE~ SA~r~tor of Public Wor~ & Utilifi~ O FO~: IAN R. SIEURS, Bremenon City Attorney STATE OF WASHINGTON ) SS. COU~Y OF ~S~P ) On this day ~r~n~ly ap~ before me Lynn Ho~on, Breme~on City ~ayor, muni~ip~ co~ra0on dcscdb~ in ~d that ex~ut~ tho within ~d forcgoin~ inst~mont, ~d ac~owl~g~ ~d ins~ment to be the fr~ ~d volun~ act ~d d~ of ~d OUTSIDE U~L~I~ A~H~H~ -3- Utility2.~ * AN~ement Fo~ - Revi~ 3/13/95 corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instm~ncnt on behalf of said corporation. GIVEN tinder my hand and official seal this ~ day of (~x~-c~'.~ , ~9~_5. . ~.... ...... . ~ .. ( .... ' "" "' ~ ' Notary P~lic...~dnd 'T-or-the Stat~' of' Washington, : · - ,~: : residing at: · ~' My appointment expires: / OUTSIDE UTILITIES AGREEMENT -4- (INDIVIDUAL) Utility2.Agt - Agreerneea Fora - Rcvi~--d 3/13/~5 A PORTION OF SECTION 21, TOWNSHIP 24 N., RANGE 1 E. ; WILLAMETTE MERIDIAN LEGAL DESCRIPTION TAX ASSESSOR'S NT3MBER 212401-2-142-2007 LOT A SHORT PLAT NO IJ54R-5 AS RECORDED IN VOLUME 10 PAGE 98 OF SHORT PLATS, AUDITOR'S FILE NO. ~401210057, AN AMENDMENT OF ~505040267/0268, VOLUME 9 PAGE 85 OF SHORT PLATS. BEING A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, SECTION 21. TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON. T~ ~SSOR'S ~ 212401-2-143-2006 LOT C SHORT PLAT NO 1554R,5 AS RECORDED IN VOLUME i0 PAGE 98 OF SHORT PLATS. AUDITOR'S FILE NO. ~401210057, AN AMENDMENT OF 9505040267/0268, VOLUME 9 PAGE 85 0~ SHORT PLATS. BEING A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, SECTION 2i~ TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON. ,. ~. ~-/~