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Home My WebLink About470 NW VENA AVE 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 4~'~ I~ ~ Al/~llg , Kitsap County, Washington, (hereinafter 'Property'l, legally described as: KITSAP COUNTY Si 1. iX] CliCK s~ ~uuui'~ "A" Am'tJu, ua~ FILED-BY: CITY OF BREI~RTON OCT lib i9~, 9:t2 ~ KAREN FLYI~h AUOITOR and the City of Bremerton (hereinafter "City"), in consideration of the mutual covenants set Forth herein {nc{uding the furnishing of tmti[ities services by the City of Bremerton, do hereby promise and agree as £o{{ows: 1. Services Provided. City o£ Bremerton shah provide utility services consistent with service areas defined by the City comprehensive uti{ity p{ans as amended, and terms and conditions of a current Letter of ^vai{abi{ity from the Bremerton Utilities Department. 2. ~. Owner shall pay when due all connection cha~ges, assessments, and rates estab{ished for city uti}ities services by City ordinance for thc Owner's user c{ass. 3. Use. Development of the property described above shall comp]y with the uses and deve]opment stand,ds of City of Bremcrton comprehensive ]and use plan adopted pursuant to RCW 35.13.1??and any adopted subdivis{on and street standards of the City of Bremerton. ~. F. I~: 9'3].0300030 OUTSIDE UTILITIES AGREEMENT -1- REEL 0881 FR 2237 (CORPORATE/PARTNERSHIP) Ulilily3.Ag~ - Agrecmen{ Forms - Revised 8118192 4. Utility Improvements. 5. Annexation. Owner, by signing below, grants to the City ofBremerton 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. I3. 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 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 execution and filing of a duplicate copy of this outside utility agreement by the purchaser or transferee. OWNER(S): lOlO s,~v~l ~.~ l]~Ell', I'~. 98310 REEl_ I~l~:l. FR 2238 OUTSIDE UTILITIES AGREEMENT -2- (CORPORATE/PARTNERSHIP) Utillty3.Agl - Agrecmcnl Forms - Rcvisad 8/18/92 STATE OF WASHINGTON ) : SS. COUNTY OF KiTSAP ) '. 'i~' 'c On this day personally appear~ ~_fore corporation'qen~:atxip described in and that eX, u~cuted the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation\v~.._r_~'.13, for the uses and purposes therein mentioned, and on oath stated that he\~_'.2~'-~'~..z:'.:~: authorized to execute said instrument on behalf of said corporation~. GIVEN under my hand and official seal ~,~ ~5'~"day of ~ , I~tlll~l~i~ Notary Yub, lie.~ and for the State of Wasbingtoqf'~N, m~-I~a~ residing at:~x.-~.-.,,~-----'~. -.,--., x,,... ). ,.~..,..~,,~.~,.~a,~a,,~ ~,,,~ My appointment expires: CITY OF BREMERTON BY.'~-~ LYNN HORTON, Mayor ~-~- f~=~,-- -~- la'- ~-' ~~~30 KA'~LEEN ~2LUSKEY, City Clerk ~ []~' '-l~'--~'~5~9 W. EUGL6~E 'S~'~~irector of Public Works & Utilities ORM: merton City Attorney \\ OUTSIDE UTILITIES AGREEMENT -3- (CORPORATE/PARTNERSHIP) IJtility3.Agt - Agreement Forms - Revised 3113195 STATE OF WASHINGTON SS. COUNTY OF KITSAP Gl' Q~ this.day oersonally appeared before me Lynn Horton, Bremerton , , ,,e_¥.~ ~..~..~.:~._ ~,.~,,~, _ City Mayor and ~, Bremerton~*C[t~, Clerk, of the City Of Bremerton, th-e m~ni~ipal corporation described m and that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument on behalf of said corporation. GIVEN under my hand and official seal this 19 ~,.-.4. "'"'"'~',~--': ~, ~r,a:,~''':~.... Notary Pull~t anc~ fo~'-the State ~f'Washington, ~5~.o t~'~+~..., · residing at: My appointment expires: OUTSIDE UTILITIES AGREEMENT -4- (CORPORATE/PARTNERSHIP) Utillty3.Ag~ - Agreement Forms - Revised 8118192 A PORTION OF SECTION 35, TOWNSHIP 25 N,, P_ANGE 1 E. ; WILL~METTE MERIDIAN TAX ASSESSOR'S NUMBER 352501-3-064-2002 F. 9" 030 030 DESC ZPTION: FR 2241 WEST 150 FEET OF THE EAST 290 FEET OF THE FOLLOWING DESCRIBED TRACT: PORTION OF THE NORTHEAST QUOTER OF THE SO~HWEST QUOTER, SECTION 35, TO,SHIP 25 NORTH, ~GE 1 EAST, W.M., IN KITSAP CO~TY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGI~ING AT THE NORTHWEST CORNER OF THE NOR~EAST QUOTER OF THE SO~HWEST QUOTER; THENCE SO~H 0~36'14'' WEST 585.5 FEET TO THE TR~ POI~ OF BEGI~ING; THENCE SO~H 89°59'56~' EAST 430.50 FEET, MORE OR LESS, TO A POINT ON THE EAST LINE OF THE WEST ONE-THIRD OF THE EAST ~F OF THE SO~EST QUOTER OF SAID SECTION ~5; THENCE SO~H 0~6'45" WEST 150 FEET; THENCE NORTH 89059'56'' WEST 430.50 FEET, MORE OR LESS, TO A POINT SO~ 0~36'14'' WEST 150 FEET FROM THE TR~ POINT OF BEGI~ING; ~ENCE NOR~ 0~36'14. EAST 150 FEET TO ~E TR~ POINT OF BEGI~ING. TOGETHER WITH ~ EASEMENT FOR RO~WAY OVER THE NORTH 15 FEET OF THE EAST 100.5 FEET OF THE WEST 140.5 FEET OF SAID DESCRIBED T~CT.