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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.