HomeMy WebLinkAboutPARKHURST APARTMENTS· ' AUDri'DRS NOTE
L~LI~ FOR RECOR~NG AND COPYING
'. UNSATISFACTOIIY M A PORTION OF THIS
INSTRUMEIITWH~ RECE!VED. OUTSIDE UTILITIES AGI~E~MENT
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
W~i~EAS the undersigned, as owner of a parcel outside the
City of Bremerton, has made application for city utilities;
NOW, '£~II~<EFORE, the undersigned owner (hereinafter "Owner")
of real property located at the 700 Block of R iddell Road.
known as 4765. 4768. 4773. 4774. 4780. 4786. 4792. and 4798
Parkhurst Lane NE , Kitsap County, Was~~M{~ereinafter
"Property"), legally described as: $ii.~ CI~CK .
FILED-BY: BREI ERTON
CITY
SEE EXHIBIT "Aw ATTACHED ~ FLYI~N, ~ITOR
CE : HILLER
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 .~.r~w~
~e t
and agree as follows: ~'l~L ~ FR
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 Charoes. 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 35.13.177 and
any adopted subdivision and street standards of the City of
Bremerton.
OUTSIDE UTILITIES AGREEMENT -1-
(CORPORATE/PARTNERSHIP)
4. Utititv Improvements.
Water Service to a 70 Unit Multi-Family Complex
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 Anne~at~_Qn ~rese~ted 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. EnforcemeDt. 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.
OWN'ER(S)I:G~neral PartD~rs
William~E. Colso~
PAR~D~T APARqI~7~S L]I~j-,-~
Salem, Ore. 973Q'2 BY.'~ni~z~'R~C°ls°n
2Rec~a~d E~. Hanson
LiMa L. R%nWen
OUTSIDE UTILITIES AGREEMENT -2
(CORPORATE/PARTNERSHIP)
STATE OF OREGON )
·° ss.
COUNTY OF MARION )
~ On thi~ day persQnally appeared before me ~,~J~/~/~_._ ,
,'~/~ ;t/~._. ,~..~. ~ , and~/J//~, ~, ,
of' Co~son & Colson General Contractor, Inc., 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.
G~VEN under my hand and official seal this /~ day of
.
Notary Publican and for th~ State of Oregon,
residing at:
CI~ OF
HORTON, Mayor
ATTEST: ~
KATHLEEN McCLUSKEY
City Clerk
AS TO FORM: DEP~~PPROVAL:
IAN~ R. SIEVERS, ~. D~
City Attorney
OUTSIDE UTILITIES AGREEMENT
( CORPORATE/PARTNERSHIP )
3
STATE OF WASHINGTON )
: SS.
COUNTY OF KITSAP )
On this day personally appeared before me Lynn S. 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.
~.IVEN under my hand and official seal this ~__ day of
· '' ~" .'~'"~ ' ':' '~- Notar.y l~ubli~ ~n~and fo~the ~tate of Washington,
{ 2 ..... 'J: ~ My appointment expires:
OUTSIDE UTILITIES AGREEMENT -4-
( CORPORATE/PARTNERSHIP )
EXHIBIT
SECTION 2, TOWNSHIP 24 N., RANGE 1 E. ; WILLAMETTE MERIDIAN
TAX ASSESSOR'S NO. 022401-t-004-2009~_~ ~~
BEGINNING AT THE NORTHEAST CORNER OF THE NORTWEST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 24 N., IL%NGE 1 E., W.M.,
THENCE SOUTH 530 FEET; THENCE WEST 496 FEET; THENCE NORTH 530
FEET; THENCE EAST 496 FEET TO THE BEGINNING;
EXCEPT THE EAST 100 FEET THEREOF;
EXCEPT COUNTY ROAD;
AND EXCEPT THE NORTH 165 FEET OF THE WEST 196 FEET THEREOF;
SITUATE IN KITSAP COUNTY, WASHINGTON
OUTSIDE UTILITIES AGREEMENT -5- ( CORPORATE/PARTNERSHIP )