HomeMy WebLinkAbout2802 PERRY AVENUE 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 2802 PERRY A ~_V!~OE~
., Kitsap County, Washington,(hereinaf~er 'l~roperty'),
legally described as: $1t,0oKIIeoAP COUNIY CfCg
FILED-BY: BRL:IIERTON CITY OF
see Exhibit "A" attached ~ Z)~ ]~J~ 8:~ ~
XAREN FLYNN, AUDITOR
CLERK: BL:VAN~
and the City of Brcmerton (hereinafter "City"), in consideration of the mutual covenants
set forth herein including the furnishing of utilities services by the City of Bremerton, do
hereby promise and agree as follows:'
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 Charge~. 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
of Bremerton.
OUTSIDE UTILITIES AGREEMENT -1- ~ O85ii FFI 2382
(INDIVIDUAL)
Ulillty2.Agt - Agreemenl Forms . Revised 8118192
4. Utility Improvements.
Sewer service to a commercial structure
I~ FR 2311~3
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 35.13.177, 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
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):
DATED:F-/?~P',-q-- //--~neJ~,t'~'~~neJ~-
Gene and Doris Oankowski
3747 Bahia Vista Drive NE .~,~,.,.,~,.~
Bremerton, Wa. 98310 Doris G. Ja~ki (Spotty)
\\
OUTSIDE UTILITIES AGREEMENT -2-
(INDIVIDUAL)
Ulilhy2.Agl - Agreernem Forms - Revised 8/18/92
STATE OF WASHINGTON )
: SS.
COUNTY OF KITSAP )
On this day, before me, the undersigned, a Nolary Public in and f6r the Slale of
Washington, personally appeared Gene ~d Doris 6. J~owski , to me ~own
~o be lhe individual(s) described in and who execuled il~e within and foregoing inslrument,
and acknowledged flint ~/they signed fi~e same as I~/their free and voluniary act
and deed, for the uses and purposes thereiu mentioned.
GIVEN under my hand and official seal tiffs 27eh day of re~;ua~
19 95. '
KATHLEEN McCL~SKEY, City Clerk
APPROVED AS TO FORM: DEPA~~L:
/
IAN R. SIEVERS, City Altorney ~.
OUTSIDE UTILITIES AGREEMENT'-3-
(INDIVIDUAL)
STATE OF WASHINGTON )
: SS.
COUNTY OF KIT,SAP )
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 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 aufl~orized
to execute said instrument on behalf of said corporation.
GIVEN under my hand and official seal this ~ day of~,
19~.
residing at: ~~~
"~ F~. My appointment expires: .~-/~-~
OUTSIDE UTILITIES AGREEMENT -4-
(INDIVIDUAL)
A PORTION OF SECTION 12, TOWNSHIP 24 N., RANGE 1 E. ; WILLAMETTE
MERIDIAN
TAX ASSESSOR'S NUMBER 122401-1-182-2001
LEGAL DESCRIPTION
RESULTANT PARCEL C OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER
AUDITOR FILE NTJMBER 9410110073; BEING THE SOUTH 155 FEET OF THE
WEST 120 FEET OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE
NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP
24 NORTH, RANGE i EAST; WILAAMETTE MERIDIAN, IN KITSAP COUNTY,
WASHINGTON. EXCEPT PERRY AVENUE.