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Home My WebLink About2003 W EARHART STREET 1;2" ,-. .......; ~ ..',/ l 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 ?lYn II RARRAR'I' ~1ai.T SEE EXHIBIT "A" ATl'ArnRn , Kitsap County, Washin~o!!, (hereinafter "Property'), KI~ CO\JfTY $11.00 CliCK FlLED-BY: BREl'ERTON CHY OF .. 23, 1995, 1:45 AI KAREN FL vtf4, AU>ITOR CLERK: . BEVANS A.F..: 950:J2:.JlXJ!7 "City"), in consideration of the mutual covenants legally described as: and the City of Bremerton (hereinafter set forth herein including the furnishing of utilities services by the City of Bremerton, do hereby promise and agree as follows: I. 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 Charl!es. 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. ~. 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. HEEL rur53 FR 2372 OUTSIDE UTILITIES AGREEMENT -1- (INDIVIDUAL) Ulility2.Agl - Agreement Forms. Revised 8/18/92 4. Utility Improvements. WATI!R SFBVICE TO A SIM;LE FAMILY RESIDIlI!I:E 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 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. DATED:~ is- UlJ sa:LE ASSOCIATES, DE. Dba LAMPLIGIITPR ~ of ~ 1560 lIWY 101 W. ~, WA. 98382 \\ < ::-o/t'-e:: &-<D/ L57P!/T Q,k.~~~~ OUTSIDE UTILITIES AGREEMENT -2- (CORPORA TEll' ARTNERSHIp) U1Hily3.Agt ~ Agreement Forms ~ Revised 8/18/92 STATE OF WASHINGTON ) COUNTY OF KITSAP ) ss. On this day personally appeared before me Steven J. Segle, President x;xmtcr , of Lamplighter Homes , the corporation\~~;sM~ 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\~'f~~, for the uses and purposes therein mentioned, and on oath stated that he\~ was\_ authorized to execute said instrument on behalf of said corporation \00f~x;!l~. GIVEN under my hand and official seal this 18th day of January 19~ ,~v.N ~, '~~ ~,,~1/~\\ r.::} ~. ~. p.~. U'a-,:A. I>: ",OTARY ~ rn \ ~:x:. * .)>;1 ~o.~ PUBLIC 101 ., 1fIl-...~'15-9~/k~ J ,~..,~ ....... ~ ./ "'\, DFWA9tl / "~"'~ DATED: ~ \ \~ \'1'3 Public in a d for the State of Washington, residing at: Port Orchard, WA My appointment expires: AIlr;Il~t: 1 <;. 1998 CITY OF BREMERTON BY:~.J -d-L L NN HORTON, Mayor ATTEST: \<-- ~LO.. ^~ KATHLEEN McClUSKEY, City Clerk 1lIk.~~l~ APPROVED AS TO FORM: -, ( ~ L1Ar~ IAN R:' SIEVERS, City Attorney \\ \\ L APPROVAL: " W. JiUEm Public Works & Utilities Interim Director , OUTSIDE UTILITIES AGREEMENT -3- (CORPORA TEll' ARTNERSHIp) UlililyJ.Agl - Agreement Forms - Revised 8/18/92 STATE OF WASHINGTON ) COUNTY OF KITSAP ) ss, 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 authorized to execute said instrument on behalf of said corporation. GIVEN under my hand and official seal this 1st;,) day of 1tU..f' j ) 199s ...! \, C . ,'i,o'. 1(' _;; ...'::'0;. ,...~ '.. p.< _ : \..\ { },i.. ":: ~" i~ '0,: ~ ~, 0: J. '., '>!j e' ,e .. : '. , -:;/~: . :.(<,::~~~;</ I)r~ ~".'S\\~..-' Notary I' lic~nd for the State of Washington, residing at: p /YY7 G .A t: I'rY> ) Myappointment expires: ..1)- /.'i-q I At:k .ba~~~~ OUTSIDE UTILITIES AGREEMENT -4- (CORPORA TEll' ARTNERSHIp) UtilityJ.Agt - Agfumen\ Fon'M . Revised SItS/92 ~ E J'lln ..! . r. IU Ce EXHIBIT nAn A PORTION OF SECTION 28, TOWNSHIP 24 N., RANGE 1 E. : WILLAMETTE MERIDIAN TAX ASSESSOR'S NUMBER 4624-022-012-0008 ""'-J ,~ 2: VJ g ~ 'i w' ~ i.1 o . JJ. \) .::' " ~;r J ) ~ ;, ~:l o . .1. co . '.1 LEGAL DESCRIPTION THAT PORTION OF LOTS 12 AND 13 IN BLOCK 22 AND VACATED ALLEY IN THE REPLAT OF PORT ORCHARD CITY, PER VOLUME 2 OF PLATS, PAGE 45, RECORDS OF. KITSAP COUNTY, WA., MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at the existing iron pipe at the intersection of the centerline of High Street with the Southerly extension of the West line of said Block 22, this being the Southwest corner of the tract as per survey in Volume 16, Page 193, records of said county; thence along West line of said tract, N 00 21'24" W-291.37 feet to Northwest corner thereof; thence along North 1 ine of said tract N 89 39' 40" E-107.50 feet; thence leaving said North line s 00 21'24" E- 67.53 feet to the true point of beginning; thence continuing S 00 21'24" E-58.81 feet; thence S 83 59'14" E-108.17 feet; thence N 00 21'24" W-70.80 feet; thence S 89 38'36" W-107,50 feet to the true point of beginning. ..-........ ,~5:9 5 '" ~ . " f' ; ~. \I. -' ~ :., 1 0\ i' :' I ~:---,. ~ ~ l~ ~~..;.:...i . ,I..) _ .\!, ,~ Il I Ol~-v~") .........-'" .. . ~~( ~(8.\ " ~ ~(8 ~ IL <>2~ ~1X ~ ~ 2\ C\J ;.~fu).;, .....- :. ('.0]'09 7 ......... .1:. €>i~ '" 6 2 , . 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