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HomeMy WebLinkAbout2622 PERRY AVENUE OUTSIDE UTILITIES A~~ WHEREAS the Bremerton Municipal C-~i~IEI- ~es~ ~de~_~: ~ty boundaries to support annexation to the City of Bremerton as a condition for receiving City ulilities (BMC 15.02.040 and 15.03.040); and ~IEREAS tbe City of Bremerton has a primary obligation to its citizens ~o allocate limiled se~ice resources for adeqnate growth and development within tbe City; and WItEREAS the undersigned, as owner of a parcel outside lbe City of Bremerton, bas made application for city utilities; NOW,TIIEREFORE, the undersign~ owner (hereinafter "Owner")of real property within Kitsap County, Washington, (hereinafter "Property"),descrlbed as: SEE E~IBIIS A & B and the City of Bremerton (hereinafter "City"), iu consideration of the nmtual covenants set forlll herein including thc fnmishing of utilities se~ices by the City of Bremerton, do hereby promise and agree as follows: I. Rates and Charge~ Owner shall pay when due all connection charges, assessments, and rates established for city utilities se~ices by City ordinance for the Owner's tlser class. 2. Use. Development of the property described above sball comply with the uses and development standards of any comprebensive land use plan adopted pursuant to RCW 35.13.177and any adopted subdivision and street standards of the City of Bremerton until sucb time as the property is annexed to the City of Bremerton or this provision is modified in writing by the parties. 3. Utility Improvements. ~ILI~ S~R SERVICE ~O A SINGLE F~ILY RESIDENCE L~A~RD A~ 2622 PERRY AV~E 4. Annexation. Owner, by signing below, grants to the City of Bremerton a Limited Power of Attorney to inclnde this A. greement 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 Bremerlon. The annexation petition suppoUed by Ibis Power may include ptoportiona! assumption of the City indebtedness by the area to be annexed. The petilion shall require Ihe concurrent adoption of land uses designated in any urban fringe compre'hensive plan approved for the annexation area pursuant Io RCW 35.13.1'/7, 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. , 5. ~Enforcement. Violation of tiffs Agreement may resnll in the immediate termination of utilities services to Ihe above-described properly as well as other remedies provided by law. 6..C~Lr, a~l!~. The undersigned further agrees Ihat this Agreement and Ihe promise made herein constitule a covenant running with the land and shall be binding upon the undersigned and Iris heirs, successors, and assigns, and Ihat 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 lifts outside utility agreement by lhe purchaser or transferee. OWNER: State of Washington :-, : = ~,:5,'- , >-":~ I certify that I kno~ or bare satlefaetory evidence that Connie Demarse 18 ehe per~on .ho appeared before me, and eald person acknowledged chat she ~tgned thl~ luetrument 8nd acknowledged It to be her free aed voluntary act for the m~d,purpoee~ mentioned In the ln~trumeut. ---- l)ated; Bazch 2, 1992 ~ : ' ' Nothr~Publlc ~ '~ Ny appointment exptres August ZS, 1994 CITY OF BREMERTON OUIS MENTOI~, Mayor ATTEST: KATHLEEN SKEY City Clerk ^?P. EIL,OVEr .3STO FORM: DEP^RTMENTAL ^PVROVAL: IAN R. si/EvERS, City Attorney WI[,~,IAM DUFFY, IJtilit'~i~ec~o~- TERRIE H/~gON Municipal Services Coordinator STATE OF WASHINGTON ) ~-~,.. ~'~= :~ ~20422~L~?;~3; COUNTY OF KITSAP ) On this day personally appear~ before me ~uis Mentor, Bremerton City Mayor, and Kathleen L. McCluskey, Bremerton City Clerk, of the City of Bremerton, the mnnicipal co~oration described in and that executed the within and foregoing instrument, and acknowl~g~ said instrument to be the free and voluntary act and deed of said corporation, for the uses and pu~oses therein mentioned, and on oath stated that they were anthorized to execute said instrmnent on behalf of said co~oration. GIVE~ under my hand and official seal this day of Notary Publicfln ~ for the~ate of Washington, ~>~ , ' residing at: ~~ ~ -~ ~- ,, My appointment expires: 2 ~ ~- ~ KNOW ALL MEN BY THESE PRESENTS, That I, BARRON WILSON DEMARSE, of East Bremerton, Washington, do hereby appoint my wife, CONNIE LEANN DEMARSE , whose residence address is 2622 Perry Avenue, East Bremerton, Washington, my attorney for me and in my name, place and stead, to: 1. Collect and settle debts, interests, etc., litigate, deposit, invest, etc. Ask, demand, sue for, recover, collect and receive all such sums of money, debts, dues, accounts, legacies, bequests, interests, dividends, annuities, taxes, bonds, whether governmental or otherwise, and demands whatsoever, as are now or shall hereafter become due, owing, payable or belonging to me, and have, use and take all lawful ways and means in my name or otherwise, for the recover thereof, by attachment, garnishment, arrest, distress or otherwise, and compromise and agree for the same, and make, sign, seal and deliver acquittances, or other sufficient discharges for the same, and upon receipt of any moneys under these presents, to deposit the same in my name or otherwise, and to withdraw the same; and to invest and reinvest the same or any part thereof in my name or otherwise in any investments or securities, and in such manner as she may think proper, and to institute, prosecute, defend, compromise, arbitrate and dispose of legal, equitable or administrative hearings, actions, suits, attachment, distresses or other proceedings or otherwise engage in litigation in the premises in my name or otherwise, and to act as my attorney or proxy in respect to any investments, rights or interests I may now or hereafter hold; and 2. Real Property -- buy, sell, contract, lease, mortgage, convey, etc. For me and in my name to bargain, contract, agree for, purchase, sell, receive and take lands, tenements, and hereditaments, and accept the seizing and possession of all lands, and all deeds, and other assurance in the law therefor; and to lease, let, demise, bargain, sell, remise, release, convey, mortgage and hypothecate lands, tenements and hereditaments, upon such terms and conditions and under such covenants as my said attorney shall think fit; to assign and transfer any note or mortgage; to dedicate any street, avenue, alley, place, way or park for public uses; and 3. Other Property -- buy, sell, contract, lease, mortgage, pledge, deal with, etc. Bargain and agree for, buy, sell, mortgage, lease, hypothecate, and in any and every way and manner deal in and with goods, wares and merchandise, choses in action and other property, in possession or in action, and to release mortgages on lands or chattels; and ~'-:~:~ 4. Sign and endorse all kinds of instruments, release of dower, etc. Also for me and in my name as my act and deed, to sign, endorse, seal, execute and deliver and acknowledge such deeds, leases and assignments of leases, covenants, indentures, agreements, mortgages, release of dower or curtesy, hypothecations, bottomries, charter parties, bills of lading, bills, bonds, notes, receipts, checks and other evidences of debt, releases and satisfactions of mortgage, judgment and other debts, assignments or transfers of stock, bonds, shares, or other investments, and such other instruments in writing, of whatsoever kind or nature, as may be necessary or proper in the premises. AND WITHOUT BEING LIMITED IN ANY MANNER WHATSOEVER BY THE FOREGOING: 5. Transact business. To make, do and transact all and every kind of business of what nature and kind soever. 6. Borrow money. To borrow from time to time such sums of money and upon such terms as my said attorney may desire, in my name and upon the security of any of my property, whether real, personal or otherwise, and for such purpose to sign, execute, acknowledge and deliver notes, bonds or mortgages with such provisions as my said attorney deems fit. 7. Governmental returns, reports, certificates, licenses, checks, etc. TO execute, sign, verify and deliver either in my name or on my behalf all returns, reports, certificates, oaths, or other instruments required or requested by law, courts, administrative or other governmental authority, including personal income tax returns, declarations, applications for continuances or refunds, and any amendments thereto; to receive, endorse and collect warrants and checks payable to my order drawn on the Treasurer of the United States or other depository for whatever account and to give full discharge for the same; to assign, transfer, endorse and execute all certificates of title or other evidences of ownership, all governmental licenses, permits and franchises, and to do such acts as may be necessary or incidental to the proper completion of the same; to execute vouchers in my behalf for any and all allowances and reimbursements for transportation of dependents or for shipment of household effects as authorized by law or Navy regulations; to take possession, and order the removal and shipment of any of my property from any post, warehouse, depot, dock or other place of storage or safekeeping, governmental or private; and to execute and deliver any release, voucher, receipt, shipping ticket, certificate, or other instrument necessary or convenient for such purpose. 8. Time Limit. This general power of attorney is intended to give my said attorney full power and authority to do and perform every act and things as fully to all intents and purposes as I might or could do if personally present, and this power shall remain in full force and effect until revoked in writing, and any bona fide transaction entered into with my said attorney by any persons without actual knowledge of a revocation of this power of attorney by death or otherwise shall be binding upon me, my heirs and assigns. This power shall have no force or effect after the first day of January, 1993. This power of attorney shall not be affected by disability of the principal. GIVING AND GRANTING unto my said attorney full power of substitution and revocation and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises as fully to all intents and purposes as I might or could do if personally present, and hereby ratifying and confirming all that my said attorney or her substitute shall lawfully do or cause to be done by virtue of these presents. IN WITNESS WHEREOF, I have hereunto set my hand and seal this day of ~,~ 1992. BARRON WILSON DEMARSE STATE OF WASHINGTON ) COUNTY OF KITSAP ) ~-%. On this /~-- day of ~~ _~ , 1992, before me, the~signed, a~Notary Pubic in and for the State of Washington, duly commissioned and sworn ~ersonally, appeared BARRON WILSON DE~RSE, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged to me that he signed and sealed the said instrument as his free and voluntary act and deed for the uses and purposes therein mentioned. WITNESS my hand and official seal h~reto affixed the day and year in this certificate above .written. O~RY PHBB~C tn ~nd for th~ Stat~ of Washington ~estdtn~ at ~ commission expires: CITY OF BREMERTON MAR 1 3 199;' MUNICIPAL UTILIIiES TO: Director of Utilities FROM: Director of Community Development ~ City Engineer SUBJ: Delivery of Utility Services outside City limits. The above site and proposed d~elopment scheme has been reviewed and found to be in conformance with the City's development standards. As such the property is eligible to receive utility services per Bremerton Municipal Code 15.01.040 and 15.03.040. Conditions and limita~io,n,s of this approval are listed below. / Attachments included as part of conditions and limitations. Donald' L. Pratt, AICP ~ BaKer - Director of Community Development City Engineer 91p~5~/b}~l