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Home My WebLink About1642 NAVY HIGHWAY W OUTSIDE UTILITIES AGREEMENT WIIEREAS the Bremerton Municipal Code requires property outside the city boundaries to support annexation to tile City of Bremerton as a condition for receiving City utilities (BMC 15.02.040 and 15.03.040); and WIIEREAS the City of Bremerton has a primary obligation to its citizens lo allocate limited service resources for adequate growth and development within the City; and WIIEREAS tile undersigned, as owner of a parcel oulside time City of Bremerton, has made application for city utilities; NOW,TIIEREFORE, lhe undersig,md owner (hereinafter "Owuer")of real property located at 16/+2 NAg'Y HIGIt~AY ., Kilsap County, Washington, (hereinafter 'l'roperty'), legally described as: Sit. ODKITSAP COUNTY 8RI~ BXBIBIT "A" AXZ~CItI~D FILED-BY: BREMERTON CITY OF FEB 23, 1994, 9:51 ~ NAREN FLYNN, AUDITOR CLERK: FREEMAN and the City of Bremerton (hereiuafier "City"), i,1 consideration of tile mutual covenants set forth herein including Ibc furnishing of utilities services by the City of Bremerton, do hereby promise and agree as follows: 1. Scrvic~ Pro¥ided. 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 Departmenl. 2. Rates and Charges, Owner shall pay when due all connection charges, assessmeuts, and tales eslablished for city utilities services by City ordinance for Ihe Owner's user class. 3. Use. Development of the property described above shall comply with the uses a,~d develop~nent standards of City of Bremerton co,nprebeusive land use plan adopted pursuant to RCW 35.13.177and any adopted subdivision aud street standards of the City of Bremerton. OUTSIDE UTILITIES AGREEMENT -1- ~,~. F. #: (CORPORATE/PARTNERSHIP) REEL 0785 FR 2354 Utilily. Agl - Revised 'B/lB/92 4. Utility Improvements. I~ATIgR SgRVlCI~: TO A C0IiNgRClAL BUILDING 5. Annexatiol~. 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 thc City of Bremerton. The annexation l~tition snp~rl~ by this Power may include proporlional asstnnption of tl~e City indebtedness by the ar~ to be annexed. The petition shall reqnire lhe concurrent, adoption, of land uses d~ignat~ in any urban fringe comprehensive plan approved for Ih~ annexation ar~ pursuant to RCW 35.13.177, or if none has been adopted, the land rises for annex~ property as set forth in the Bremerto~ Zoning Code as amended. This Power of Attorney is nonrev~able. 6. Enforcement. Violation of this Agreement may result in the immediate termination of utililies se~ices to Ihe above-described property as well as other remedies provided by law. 7. Covenants. The undersigned fuflher agrees that this Agreement and the promise made herein constitute a covenant running with the land and shall be binding upon the uudersigned and his heirs, successors, and assigns, and that Ibis Agreement shall be filed for record in the office of the Kitsap County Auditor. Owner agrees that any sale or transfer of lhe above-described property will be conditioned on execution and filing of a dnplicate copy of this outside utility agreement by the purchaser or transferee. OWNER: OHTS1DE HTILITI~ AGREEMENT -2- (CORPORAT~PARTNERSHIP) STATE OF WASHINGTON ) ·° SS. COUNTY OF KITSAP ) On this day personally appeared before me ~"/aYte~,n E'. /97,/-./~:,e , and '"~,c_~ed /-.,,~.~-~-~-,e.- ,of ~,cu~,~ .5~,.~¢~,.,~4~:~. .the corporation/partnership described in and that executed the within and foregoing instrument, and acknowledged said instrument to be the free and volunlary act and deed of said corporation/partnership, for the uses and purposes therein mentioned, and o,] oath staled that he/she/they' was/were authorized to execute said instrumeat on behalf of said corporation/partnership. GIVEN trader my hand and official seal this I I day of Oo--~ , · ,-- Notary Public~:p and for the State of Washington, : ' . - residing al: ~ ' : '~ My appointment expires: ~//z CITY OF BREMERTON Mayor A~FES F: KATHLEEN McCLUSKEY R~EEL 0785 FR 2356 City Clerk APPROVe// AS TO FORM: DE~~OVAL: ' IAN ~ SIEVERS, City Attorney OUTSIDE UTILITIES AGREEMENT -3- (CORPORATE/PARTNERSHIP) STATE OF WASHINGTON ) SS. COUNTY OF. KITSAP , ) 6)/3///~.~c~.~.~. On tiffs day personally appear~ before m~ ~r, Bremermo City Mayor, aud Kathl~n L. McCluskey, Bre]nerton City Clerk, of the City of Bremerton, the municipal corporation describ~ in and that ex~uted the within and foregoing instn ment, aud acknowledg~ said instrument to be the fr~ and vohmlary act and deed of said corporation, for the uses and pur~ses therein mentioned, and on oath stated that they were anthofized to execute said instrument on behalf of said cor~ration. GIVEN under my hand and official seal tiffs ~ day of / k ~ · ~ ~ ~ No~ry Public in and for the Slate of Washington, ~%~ PUBLIC ff ff residing at: ~~~ ~:~'.~-0 4 ~-~ :,%~ ~ My appointment' ~xpires: ' ~.F.#: 9~02230098 REEL 0785 FR 2357 OUTSIDE UTILITIES AGREEMENT -4- (CORPORATFJPARTNERS HIP) DESCBIPI'ION: 1642 Navy Yard Ili. ghway W., Bremerton, Wa. 98312 1'hat portion of Block 26, Navy Yard City, accordb,g Lo plat recorded in Volume 3 of Plats. Page 75, and Block 22, Charleston Tide Lands, ill KitsBp County, described as Follows: ' Beginning at the intersection or the Northeasterly mai'gin of Charleston Avenue with the Northwesterly margin] o~ Primary State ~[t~hway No. 211 theace Northeasterly along said Northwesterly line of Primary State Nighwsy No. 21, a distance o~ 266 feet; thee]ce Northwesterly at right angles to said Northwesterly margin to Southeasterly margin o~ Old Navy Yard Hlghwayl thence Southwesterly said Southeasterly margin of O]d Navy Yard RiBhway to Northeasterly margin oF Charleston Avenue: the~lce alo~g said Northeaste[-ly mar~i~ of Charleston Avenue to the Point oF Beginning: TOGETHEH W[TR that portion of vacated Country Road lying between said Block 26, Navy Yard City, and said Block 22, Charleston Tide Lands; TOOEI'NER WIT[[ that portion oF the East half of vacated Charleston Avenue as platted in Navy Yard City, according to plat recorded i~l Volume 3 o~ Plats. Page 75, which upon vacation attached by operation oF law: TOGETHER WITH that portion of vacated Charleston Ave,~ue as platted in the Plat of Charleston Tide Lands, lying Southerly oF the Government mea;~dei- Northerly oF State Nighway No. 21, Northeasterly of Block 23 a~]d Southwesterly Block 22 o~ said plat of Cha~'leston Tide Lands, in Kitsap Country, TOGETRER WITH [hat portto~ or the"West half, lyt~lg Soetherly o~ Old Navy Yard Highway (Charleston Beach ~oad) and Northerly oF State [[iEhwny No. 21 (SN 3) oF vacated Charleston Avenue as platted in Navy Yard City, according {:o the plat recorded i~ Volume ] of Plats, Page 75, records of KltsBp County, Wsshingto~].