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HomeMy WebLinkAbout115 NATIONAL AVE SO OUTSIDE UTILITIES AGREEMENT WItEREAS 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 City a obligation to citizens to allocate WtIEREAS the of Primary Bremerton has its , limited service resources for adequate growth and development within the City; and " WIIEREAS the undersigned, as owner of a parcel outside the City of Bremerton, has made application for city utilities; NOW,TIIEREFORE, the undersigned owner (hereinafter "Owner")of real property located at 115 NATIOIq~L AVENU~ SO. BRF, I~RTON, I, JA , Kitsap County, Washington, (hereinafter 'T'roperty'D, legally described as: KIT~P $11.00 CHCK Slg'g I~X~IBIT "A" FILED-BY: BRE~RTON CITY OF ~ &, t993, 9:43 ~ KAREN FLYNN~ AUDITOR CLERK: LOGAN and the City of Bremerton (hereinafter "City"), in consideration o£ the mutual covenants set £oah herein including the £umishing of utilities s¢~ices by the City of B~emerton, do hereby promise m~d agree as 1. S~)c~s PFov)d~d. ~it7 of B~eme[ton sMIl pmv)d: ufilh7 se~)c:s cons~s~em seFv~co a~s denned by the ~hy compFehens~w ufilhy plans ~s ~mended, and te~ms condH~ons oF a culvert( ~t(o~ of Ava~l~b~lh7 From ~he B~emo~on Ufi)~fios l. Racs ~nd CMF~s. O~ne[ sh~U Pa7 ~hen due all connection cba~es, ~ss:ssments, ~d ~aes established fo~ c~t7 utilities s~c~s by Cit7 o~d~nance Fo~ the O~ne~'s US~F C~2SS. 3. Uso. Dovelopmcnt of tho p[ope~t7 d~scfibed ~bovo shall comply ~)fl~ fl~e uses and development st~da~ds of City of B[mne~ton comp~:hens(w Im~d use plan ~dop~ed pu~su~nt to ~C~ 35.13.1~nd ~n7 adop~od subdMs~on ~d stroot s~nd~ds o~ the o~ B~omo~ton. OUTSIDE UTILITIES AGREEMENT -1- REEL 0709 ER 2688 (CORPORAT~PARTNERSHIP) Utilhy. Agt - Revised 8/18/92 4. Utility hnprovements. ~'ATIgR AND SE'~'IIR SER¥ICII FOR CO~RCI~ BUILDING 5. Annexation. Owner, by signing below, grants to thc City 0fSrcmcaon a Limited 9owcr of Attorney to include this Agr~ment as Owner's consent to thc ~nexation of the Property as part of any Notice of Intent or Petition for Annexation presented to thc City oF Bremerton. The ~nexation petition support~ by this Power may include proportional assumption of the City indebtedness by tbe ~ea to be annex~. The petition shall require the concu~ent adoption of l~d uses designat~ in ~y urb~ fringe comprehensive plan approved for the annexation ar~ pursuit to RCW 35.13.177, or if none has been adopted, Ihe land uses for annex~ prope~y 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 temfiuatiou of utilities se~ices to the above-described property as well as other remedies provided by law. 7. Covenants. The undersign~ further agrees that this Agreement and the promise made herein constitute a covenant running with the land m~d 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-describ~ property will be conditioned on execution and filing of a duplicate copy of this outside utility agreement by the purchaser or transferee. OWNER: DATED: 12-21-92 ~ ~[. . BY: OUTSIDE UTILITIES AGREEMENT -2- 5223 1st St. (CORPORATEffPARTNERSHI P) Bremerton 98312 STATE OF WASHINGTON ) : SS. COUNTY OF KITSAP ) On this day personally appeared before me LEON ¢. POX , ~317 a single man ., ~ , the ffO~"g6;t~t~hj/IY/~dg~C~-~/t~l,and that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said / .~,o/a-,p~r/a/l,i/oj~//p/a~,gr~/h3p? for the uses and purposes therein mentioned, and on oath stated mat he/she/they was/were authorized to execute said instrument on behalf of said corporation/partnership. GIVEN under my hand and official seal this 71 day of DEC , 1992. '_ .,-' ,; Notary (Publican and for ~nd/State of Washington, · ~ residing at: ~n~.~nmn~ :.. My appointment expires: LOUIS MENTOR, Mayor KATHLEEN McCLIISKEY City Clerk ~..._.~: ~~AP.~PR 5~.~ AS TO FORM: DEPARTMENT~PROVAL~.b~ ,,,11./ IAN~. SIEVERS, City Attorney "~ ........ ~ OUTSIDE UTILITIES AGREEMENT -3- (CORPORATE/PARTNERSHIP) Ulili~y. Agl - Rcvi~d 8118192 STATE OF WASHINGTON ) : SS. COUNTY OF KITSAP ) On this day personally appeared beforo me Louis Mentor, 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 myhand and officialsealtlfis /..C~dayof Notary Public in and for the State of Washington, residing at: My appointment expires: A.F.~: REEL O?flS/ FR 2691 OUTSIDE UTILITIES AGREEMENT -4- (CORPORATE/PARTNERSHIP) EXHIBIT "A" ~ Section 22, Township 24 N., Renge 1 E.; W.M. 4502-002-024-0102 Lots 24 & 25,except the North 115 feet and the South 125 feet of Lot 26, Block 2, Bremerton Heights, according to the plat thereof, recorded in Volume 3 of Plate, Page 41, Records of Kitsap County, Washington.