HomeMy WebLinkAbout3020 WEST SHERMAN HEIGHTS RD (2) WHEREAS the Bremerton Municipal Code requires property outside the city
boundaries to support annexation to the City of Brem~a~,~l.a(~c[ill~I08~ receiving City
utilities (BMC 15.02.040 and 15.03.040); and CLE~: ~EII~AN
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
, Kitsap County, Washington, (hereinafter 'l~roperty'~,
legally described as: ~ F. #: ~'50~,07~-9
HEEL 0870 FR .252~
KAREN FLYNN, AUDITOR
and the City of Bremerton (hereinafter "City"), in consideration of the mutual covenants
set forth herein including the furnishing of utilities services by the City of BremertoD, 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 ntility plans as amended, and terms and
coDditioIl$ Of a CuITeDt ~..~tter of Avallabilily from the Bremerton Utilities Depa~rtmeDt.
2. ]Rates and Cha. r~es. Owner shall pay when due all ConnectiOn charges,
assessments, and rates established for city utilities services by City ordinance for the Owner's
B. Use. Development of the property described above shall comply with the uses
and development standards of City of BremertoD comprehensive land use plan adopted
pursuant to RCW 35.13.177 and any adopted subdivision and street sh2ndards of the City
OUTSIDE UTILITIES AGP~EM~.NT -1-
(CORPORAT~/?ARTN-BRSHIP)
Utility3.Agt - Agreement Forms - Revised 3/13/95
REEL 0~70 F~
of Bremerton.
4. Utility Improvements.
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 adop~d,
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:._/t,/~.,.~,¥ //, /9¢ 5 BY:
.., Y.. ?
OUTSIDE UTILITIES AGREEMENT -2- (CORPORATE/PARTNERSHIP)
Utility3.Agt - Agreement Forms - Rcviacd 3/13/95
STATE OF WASHINGTON ) A.. F. #: 95080700'~-c/
EEL 0870 FR 2527
: SS.
COUNTY OF KITSAP )
~ . On this day personally appeared before me ~r~/a/<' //L Loe~'H,4~-r , and
(5/-~r&/L // L~r-/~://.x~T , of ff//~,~,~/de-at_,~-m~z'/a~ ~,/'r/nz-rqe~/fcs, the
corporation\partnership 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\partnership, for the uses and purposes therein mentioned, and on oath stated
that he\she\they was\were authorized to execute said instrument on behalf of said
corporation\partnership.
GIVEN under my hand and official seal this //g day of
19q~
...~,.,,,0~ e,"..'... ': Notary Public in.,a~d for the State of Washington,
~ """"' ;' ': residing at: ~ ~~ ,
~' '%/qt~c'..' -'- My appointment expires: ~-d_.//..4.~l?,
... ~.~ ~
CITY OF BREMERTON
LYNN HORTON, Mayor
KATHLEEN McCLUSKEY, City Elerk
W. EUGENIt SAMPL"E-YT"Director of Public Works & Utilities
~-'~E~S TO FORM:
IAN R. SIEVERS, Bremerton City Attorney
OUTSIDE UTILITIES AGREEMENT -3-
(CORPORATE/PARTNERSHIP)
UtilRy3.Agt - Agreement Forms - Revised 3/13/95
STATE OF WASHINGTON ) ~,, F. #; 950807004`£/
: ss. REEL 0870 FR 2528
COUNTY OF KITSAP )
On this day personally appeared before me Lynn Horton, Bremerton City Mayor, 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
authorized to execute said instrument on behalf of said corporation.
GIVEN under my hand and official seal this o7.~a~-S~ day of (~2.c,.Ja..~ ,
OUTSIDE UTILITIES AGREEMENT -4-
(CORPORATE/PARTNERSHIP)
Ufillty3.Agt - A~reement Forms - Revised 3/13/95
EXHIBIT t'~'
RESULTING PARCEL A AFTER ADJUSTMENT
That portion of Government Lot 2, Section 33, Township 24 North,
Range i East, W.M., described as follows:
Beginning at a Point (Point A) which is the point where the
Centerline of County Road Number 154 intersects the North
boundary of the said Government Lot 2, thence West 940 feet,
thence South to a Point (Point B) which is 10 feet North of
the centerline of County Road Number 154, thence Northeasterly
along a line parallel to and 10 feet Northerly of the Northern
margin of County Road Number 154 to a Point (Point C) that is
250 feet South of the northern boundary line of the Parcel
first described above and 40 feet West of the Centerline of
County Road Number 154, thence East to the Centerline of
County Road Number 154, thence Northeasterly along the
Center!ine of County Road Number 154 to the True Point of
Beginning (Point A);
EXCEPT County Road.
Situate in Kitsap County, Washington.
LA
~.: t.-
.."-'