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Home My WebLink About100 BLOCK OF NE MCWILLIAMS COURT 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 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 WIIEREAS the undersigned, as owner ufa parcel outside the City of Bremerton, has made application for city utilities; NOW,THEREFORE, the undersigned owner (hereinafter "Owner")of real property located at 100 'glmc-k nF NE MoWill~m Corer'l-. gr~rnorenn, WA , Kitsap County, Washington, (hereinafter '~Property'~, legally described as: KITSAP COUNTY See Exhibit "A" $~.00 CHCK FILED-BY: BRE~ERTON CITY OF J~ KAREN FLYNN, AUDITOR CLERK: GILMORE 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 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 Bre,nerton Utilities Department. 2. Rates and Charges. 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. OUTSIDE UTILITIES AGREEMENT -1- A.F. (CORPORATE/PARTNERSHIP) RI~L:'L. ~6~6 FR 21611 Utility.Allt - Revia~d 8/18/92 4. U~ility Improvements. Water service to single family dwelling 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. A. V= #: 9301200172 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 termiuation of utilities services to the above-described property as well as other remedies provided by law. 7. Covenant~. 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: Mark Jankows~/ BY: \\ OUTSIDE UTILITIES AGREEMENT -2- (CORPORATE/PARTNERSHIP) Ufili~y. Agl - R,;'~iaed 8118192 STATE OF WASHINGTON ) : SS. COUNTY OF KITSAP ) On this day personally appeared before me Mark E. Jankowsk± , and __ , Of Jankowski Construction , [lie 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 autborized to execute said instrument on behalf of said corporation/partnership. GIVEN under my hand and official seal this 19th day of Octoher , 1992 . : ',; 'u~ ,.'. Notar)/ Public i~/ and for the State of Washington, ..'7'.- . / residing at: Port Orchard, WA ' : : :~.~ ·~..:-',- ~ My appointment expires: Auqust 15, 1994 '- ' -"~ " CITY ~F BREI~ LOUIS MENTOI~, Mayor A'ITEST: ~. F. #: 9301200172 ~.~*.-,,~x~.~ EEL 0696 FR .'2162 KATHLEEN McCLUSKEY City Clerk APPROVED AS TO FORM: DEPARTM, E'NTAL APPROVAL: IAN'R.~ SIEVERS, City Attorney ~qLLI~ DU~FFY, Utilities Director OUTSIDE UTILITIES AGREEMENT -3- (CORPORATE/PARTNERSHIP) STATE OF WASHINGTON ) ~ SS. COUNTY OF KITSAP ) On this day personally appeared before 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, tbr the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument on behalf of said corporation. 19 c/~. GIVEN under my hand and official seal this No~--'"'~-~m-i~ and-for the State of Washington, My appointment expires: ~' - PUBL r: RE-EL [1696 FR 2t63 OUTSIDE UTILITIES AGREEMENT -4- (CORPORATE/PARTNERSHIP) Utility.Ag! - Revival 8118192 EXHIBIT "A" A.F.#: 9301208172 #352501-2-013-2006 86';6 FR 2]64 SECTION 35 TOWNSHIP 25 RANGE 1E (BEING LOT B OF SHORT PLAT NO. 2827 RECORDED UNDER AUDITOR'S FILE NO. 8201210059) THE WEST 290 FEET OF THE EAST 580 FEET OF THAT PORTION OF THE SOUTH HALF OF THE NORTH QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, SECTION 35, TOWNSHIP 25 NORTH, RANGE 1 EAST, W.M., LYING EAST OF MCWILLIAMS ROAD, IN KITSAP COUNTY, WASHINGTON. TOGETHER WITH AND SUBJECT TO AN EASEMENT FOR INGRESS, EGRESS, AND UTILITIES OVER AND UNDER AND ACROSS THE NORTH 30 FEET OF THAT PORTION OF THE SOUTH HALF OF THE NORTH QUARTER, SECTION 35, TOWNSHIP 25 NORTH, RANGE 1 EAST, W.M., LYING EAST OF MCWILLIAMS ROAD, IN KITSAP COUNTY, WASHINGTON, EXCEPT THE EAST 290 FEET THEREOF.