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HomeMy WebLinkAbout1871 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 ora parcel outside the City of Bremerton, has made application for city utilities; N~I~2,THEREFORE, the undersigned owner (hereinafter "Owner")of real property located at 1871 }1. Kt~m~Av~' ~-m'~racr ., Kitsap County, Washington, (hereinat~er "Property'), KITS~ COUNTY legally described as: Sit. D0 C~K FILED-BY: BltEHERTON CITY OF' u,~ mm~rr "A" ta'rn:.n~ I~ ZI, t~J, 8:t,7/Il KAREN F1.YNN~ AUDITOR CLEI)(: BEVAN~ and the City of Bremerton (hereinafter "City"), in consideration o£ the mutual covenants set forth herein including tile 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 Char 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. 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. A. F. O= g~--J41.123DOt8 OUTSIDE UTILITIES AGREEMENT -1- REEL (:~53 Fl~ 2;377 (CORPORATE/PARTNERSHIP) Ulilily3.Agt - Agreemenl Forms - Revised 8118192 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 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): OUTSIDE UTILITIES AGREEMENT -2- (CORPORATE/PARTNERSHIP) UtiliI¥3.Agl - Agr¢¢mem Forms - Revised 811819:2 STATE OF WASHINGTON ) : SS. COUNTY OF KITSAP ) On this day personally appeared before me steven J. Segle, President ~x ~ of Lamplighter Homes , the corporation\par~tn~ml~'~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\l~'~¥~l!t, for the uses and purposes therein mentioned, and on oath stated that he\~.OX~ was\w.~cxauthorized to execute said instrument on behalf of said corporation \ p~t.a~x~. GIVEN under my hand and official seal this 18th day of January 19 95 " ~%?~'~%~J~:~x~~I Notar~ Public in/and for the State of Washington, ~Z{ NO~F ~'?~] My appointment expires: ~u~.~ ,s. ~o~ ~WA CITY OF BREMERTON LYNN HORTON, Mayor KATHLEEN McCL~KEY, City Clerk APpROVED-)i" ,~ AS~ TO FORM: DEP~ROVAL: IANXI(.. SIEVERS, City Attorney W. ~ ~ P~c Works & Utilities Vinterim Director OUTSIDE UTILITIES AGREEMENT -3- (CORPORATE/PARTNERSHIP) Ulilily3.Ag! - Agrcemem Forms - Revised 8/18/92 STATE OF WASHINGTON ) ' SS. COUNTY OF KITSAP ) On this day personally appeared before ~ne 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. 19qO'-. GIVEN under my hand and official seal this ~ day of , /. ,, .,~, . · / · ..,.,~'~,, ...., . ~ ,o. Notary ~Pu ~ fol'~tfie State ~'f Washington, : ° ,,.~.~ ,~: ' residing at: ,,. . .,, .. ,, ¢ My appointment expires: ,6---/ · 0; ...... , ',\" g' OUTSIDE UTILITIES AGREEMENT -4- (CORPORATE/PARTNERSHIP) Ulilily3.Agt - Agreemcnl Forms - Revised 8f18/92 A PORTION OF SECTION 28, TOWNSHIP 24 N., RANGE 1 E. ; WILLAMETTE MERIDIAN TAX ASSESSOR'S NUMBER 4624-023-002-0008 LEGAL DESCRIPTION THAT PORTION OF VACATED THIRD STREET AND LOTS 2 AND 3 IN BLOCK 23 IN THE REPLAT OF PORT ORCHARD CITY, PER VOLUME 2 OF PLATS, PAGE 4§, .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 Block 22 in the replat of Port Orchard City, per volume 2 of plats, page 4§, r.ecords of Kitsap County, Wa., 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- 215.00 feet to the true point of beginning; thence leaving said North line S 00 21'24" E- 61.30 feet; thence N 89 38'36" E-115.00 feet; thence N 00 21'24" W-61.27 feet; thence S 89 39'40" W 115.00 feet to the point of beginning.