Loading...
HomeMy WebLinkAbout200 BLOCK OF FAIRGROUNDS. ~\_. SAP ~ ~ Uiq ~ F.,.LEO-?,Y, BREMERTOti ~,!~ ¢ OF JUL 31, t'~)5, 10:~7 ~ 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 WIIEREAS the undersigned, as owner ufa parcel outside the City of Bremerton, has made application for city utilities; NOW,TIIEREFORE, the undersigned owner (hereinafter "Owner")of real property located at 'm~ 200 ~ of ~ l*A'r~cl*n~ ROAn ., Kitsap County, Washington, (hereinafter '~l'roperty'), legally described as: KAItFrJ~ FLYNN, AUDITOR CLERk: HEINEMAN S]~ ~'xR'rR'tT "A" ~. F. #.' 950-~'~10~0 ~L 0~:~9 FR and tile City of Bmmcrton (hereinafter "City"), in consideration of tile mutual covenants ~t Eorth hcr~in inclodio~ tD~ Eum~shiD~ O~ utilities S~ic~s by th~ City o~ Br~m~rtoD, do h~mb~ promis~ and a~re~ as ~oHows: 1. S~i~. Ck7 o~ Br~m~rmn shall provid~ utility s~ic~s consistent with s~ic~ ar~s d~fin~ by th~ City compmh~nsiv~ utility plans as am~nd~d~ add t~rms and condhions o~ a cu~nt ~tt~r o~ AvaUabUity from tim Bmm~rton Utiliti~ D~partm~m. 2. ~~ Owner shall pay when du~ all conn~tion assessments, and rates established for city utilities se~ices by City ordinance for the Owner's user cl~s. 3. Use. Development of the property d~cribed above shall comply with the uses and development s~d~ds of City of Bmmerton comprehensive land use plan adopted pursuant to RCW 35.13.177 ~d any adopt~ subdivision and s~eet standards of the City of Bremermn~ ' OUTSIDE UTILITIF..S AGREEMENT -1- (CORPORATF./PARTN~RSHIP) , A.F.#: g507310130 REEL O86g FR 1722 4. Utility Improvements. ~'A','~ ~J~'~CE ~ A 57 ~ ~U~XVISI~ Wl~ A S~.m 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 reqnire 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 Bremerto/a 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 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 execntion and filing of a dnplicate copy of this outside utility agreement by the purchaser or transferee. ou'rSIDE UTILITIES AGREEMENT -2- (CORPORATE/PARTI'4ERSHIP) STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) On thiSSTH day of JUNE , 1995 , personally appeared before me JAMES T. JAMES , to me-~nown to be the in~ividua! described in and who executed the within and foregoing !nstrucment, ahd acknowledged to me the he/she signed the same as her/his free and voluntary act and deed, for the uses and purposed therein mentioned. GIVEN und~ and officia! sea! this 8TH day of, JUNE , Notary Publ~]in and for ge State of Washington, residing at POULSBO MY COMM EXPIRES: 12/01/95 CITY OF BREA4~RTON DATED: t~ !~,Q\ c~ ~ BY:~-- -Z/, ~ LYlqN FIORTON, Mayor KATHLEEN McCLUSKEY, City Clerk 1723 W. EUGEN~ S~ Dk~tor of Public Wor~ & Utilities TO FO~: lAN R. SIEVERS, Breme~on City Attorney OUTSIDE UTILITIES AGREEMENT -3- (CORPORATFdPARTNERSHIP) Ufil|ty3.Agt - Agreement Forms - Revised 3113/95 ~. F. #: 9507310130 STATE OF WASHINGTON ) ~L~I_ D8/:~9 FR 1724 SS. COU~Y OF ~SAP ) On ~is day ~rson~ly ap~ before me Lynn HoRon, BremeRon City Mayor, the municipfi co~orafion d~cfib~ ~ ~d ~at ex~ut~ ~e within ~d forego~g ins~ment, ~d ac~owl~g~ ~d ins~ment to be the fr~ ~d volun~ act ~d d~ of ~d co.ration, for ~e u~s ~d pu~ses ~erein mentionS, md on oa~ s~t~ ~at ~ey were au~ofiz~ to ex.ute ~d instrument on behfif of ~d co.ration. GIVEN under my h~d ~d offici~ ~ ~is ~ day of -'- * ~ ~ '~' r;: ~ ~ NO~ P~llc~d f~ ~e S~te ~f W~hington, ~. ~c'"i~ ~ residing at: -~.. ' ~ .. ,. My ap~intment expires: ~- OUTSIDE UTILITIES AGREEMENT -4- (CORPORATE/PARTNERSHIP) Utility$.Agt - Agreement Forms - Revised 3/15/95 A PORTION OF SECTION 27, TOWNSHIP 25 N. RANGE 1 E. ; WILLAMETTE MERIDIAN , TAX ASSESSOR'S NUMBER 272501-1-002-2001 LEGAL DESCRIPTION THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 27,TOWNSHIP 25 NORTH, RANGE 1 EAST, W.M. EXCEPT THE NORTH 30 FEET FOR FAIRGROUNDS ROAD. SITUATE IN KITSAP COUNTY, WASHINGTON. P, ROPEi .T y COPY TOTAL P. 0~