HomeMy WebLinkAbout2011 W EARHART STREET 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 2011 #. ~.~m~
, Kitsap County, Was~a~, ~afier '~roperty'),
legally described as: $tt.~1 CHC[(
FILEI)-$Y: BRE~ERTON CITY
I(Alll~ F'LYI~b ~00ITOR
and the City of Bremerton (hereinafter "City"), in consideration of the mutual covenants
set forth herein inciudin§ the fumishin~ of utilities services by the City o£ Bremer~on, do
hereby promise and a~ree as £ollows:
]. Services Provid~l. City of Bremerton shall provide ~tility 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 Charges. 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. ~El='l I~ I='l~ 2.~:~2
OUTSIDE UTILITIES AGREEMENT -I-
(INDIVIDUAL)
Ulilily2.Agt - Agreemenl Forms - Revised 8/18/92
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
Pro~rty as pa~ of any Notice of Intent or Petition for Annexation presented to the City of
Breme~on.
The annexation petition supported by this Power may include proportional
assumption of the City indebt~ness by the area to be annexed. The petition shall require
the concurrent adoption of land uses designated in any urban fringe comprehensive pl~
approved for the annexation ar~ pursuant to RCW 35.13.177, or if none has b~n adopted,
the land uses for annexed pro~rty as set forth in the Bmmerton Zoning Code as amended.
This Power of Attorney is nonrevocable.
6. Enforcement. Violation of this Agreement may result in the immolate
termination of utilities se~ices 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 shill be filed for
r~ord 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):
OUTSIDE UTILITIES AGREEMENT -2-
(CORPORATE/PARTNERSHIP)
Ulilily3.Agl - Agreemem Forms - Revised 8/18/92
STATE OF WASHINGTON )
: SS.
COUNTY OF KITSAP )
On this day personally appeared before me Steven J. Segle, President
, of Lamplighter Homes , the
corporation\l~g~68/~fi'f'0'x 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,~arl:nlrrsh~g for the uses and purposes therein mentioned, and on oath stated
that he\alaxktl~9- was\mea,~x authorized to execute said instrument on behalf of said
co rporatio n \p,a~n~igs.
GIVEN under my hand and official seal this lSth day of January ,
19 95
P ~°~*un~' ~ ~ Notar~Pub~c~n a~ for the State of Washington,
~°~oTA R ~~ at:
residing Port Orchard, WA
~ My appointment expires: Auqust 15, 1998
n~WA~ CITY OF BREMERTON
L~N HORTON, Mayor
~THLEEN McCLUSKEY, City Clerk
APPROVED ~AS TO FORM: DE~ROVAL:
IAN R'.'~IEVERS, City Attorney ~. Et./6E,~I~..~.4'M. ,~, 'Public Works & Utilities
k~_~I nterim Director
OUTSIDE UTILITIES AGREEMENT -3-
(CORPORATE/PARTNERSHIP)
Ulilily3.Agl - Agreement Forms - Revised 8/18/92
STATE OF WASHINGTON
COUNTY OF KITSAP
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 A,~ day of ~,aA~']) ,
19~.
i ~3~°'r''''''*: '" N~tary P~ll[lic/i~a~d f6r th~ State~fof Washington,
: o .'~ ....,. residing at:
'. ":~ ~: '. '" :.' My appointment expires:
OUTSIDE UTILITIES AGREEMENT -4-
(CORPORATE/PARTNERSHIP)
Ulility3.Agl - Agreemcnl Forms - Revised 8/18/92
A PORTION OF SECTION 28, TOWNSHIP 24 N., RANGE 1 E ; WILLAMETTE
MERIDIAN '
TAX ASSESSOR'S NUMBER 4624-022-013-0007
LEGAL DESCRIPTION
LOT 14 AND THAT PORTION OF LOTS 13 AND 15 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 line of said tract N 89 39'40"
E-107.60 feet to the true point of beginning; thence leaving
said North line S 00 21'24" E-67.53 feet; thence N 89 38'36"
E-107.50 feet;thence N 00 21'24" W-67.50 feet to the North
line of said tract; thence along last said line S 89 39'40"
W- 107.50 ~eet to the true point of beginning