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HomeMy WebLinkAboutCHELSEA LANE (2) OUTSIDE UTILITIES AGREEMENT 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 WHEREAS the undersigned, as owner of a parcel outside the City of Bremerton, has made application for city utilities; NOW,TtlEREFORE, the undersigned owner (hereinafter "Owner") of real property located at Chelsea Lane. Bremerton. WA. ., Kitsap County, Washington, (hereinafter '~roperty'), legally described as: $tl. flOKIT~P COUNTY See Exhibit "A" FILED-$Y: BRI~RTON CITY OF KAIIE}I FLYNN~ t~DITOR CLEIi~: LOfNI 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 Bremerton 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 nser 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 -I- (CORPORATE/PARTNERSHIP) Ufilily.Agt - Revi~ed 8118192 4. Ulility Improvements. Sewer service to a single family dwelling on Chelsea Lane, Bremerton, Wa. 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 Annexation presented to the City of Bremerlon. The annexation petition supported by this Power may inclode proportional assumption of the City indebtedaess by the area to be annexed. Tile petition shall reqt, ire 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 tile above-described property as well as other remedies provided by law. 7. Covenants. The undersigned further agrees that this Agreement and tile promise made herein constitute a covenant running with the land mid shall be binding upon tile uudersigned 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: DATED:/.2. -c//- ~.Z '- Kevin Abrams BY: RE*EL 0~0]. FR O~B7O OUTSIDE UTILITIES AGREEMENT -2- (CORPORATE/PARTNERSHIP) Olillty. Agt -Rcviscd 8118192 STATE OF WASHINGTON ) : SS. COUNTY OF KITSAP ) On this day personally appeared before me Kevin G. Abrams , and __ N/A , of Benchmark Land Development, 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. GIVEN under my hand and official seal this 4th day of December 19 92 ' .... ' ": Notary~Public in(~nd for the State of Washington, · ' ' ,, ': i. residing at: Port Orchard, WA ~' ,. ' - My appointment expires: Auqust 15, 1994 .... ' ', CITY OF BREMERTON LOUIS MENTOR, ATYEST: KATHLEEN M¢C~SKEY City Clerk ~~~-AP/P?OVED ,ASx,~TO FORM: DE, dENTAL ~.._ ~.)"')'--'----~ IAN~I~. SIEVERS-- City Attorney Utilities Directo'Y OUTSIDE UTILITIES AGREEMENT -3- (CORPORATE/PARTNERSHIP) Ufilily. A$! - R~vised 8118192 STATE OF WASHINGTON ) : SS. COUNTY OF KITSAP ) On this day personally appeared before me Louis Mentor, Bmmcrton City Mayor, and Kathleen L. McCluskey, Bremerton City Clerk, of the City of Bmmerton, 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 arid purposes therein mentioned, and on oath stated that they were authorized to execute said instrument on behalf of said corporation. 19 ~J. GI~yEN unde~ my hand and official seal this ~.~sO day of ~'ff/~,/'~/ , ~ co: '~ ~ z ~. Notary PuBlic in and for the State of Washington, ~/~.~\,/~BLtC. f_..~ residing at: I~,,/~,.~/D/~ . ~{,9~:-.0.74 2;~'~.~ My appointmeni' expires: ~,.or .... .~ ~ A. F. I:: 9~]~2.~.71~116~ REEL 070~[ FR 0872 OUTSIDE UTILITIES AGREEMENT -4- (CORPORATE/PARTNERSHIP) Utility. Ag[ - Revised 8/18/92 EXHIBIT 012401-2-041-2003 SECTION 01 TOWNSHIP 24 RANGE 1E ',THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER COMMENCING AT THE CENTER OF SAID SECTION 01 THEN NORTH 2'8'14" EAST 1352.52 FEET THEN NORTH 88'51'30" WEST 274.47 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION OF THE SOUTH 2'8'14" WEST 169.07 FEET THEN NORTH 88'52'15" WEST 90 FEET TO THE POINT OF BEGINNING EXCEPT THE NORTH 30 FEET WHICH IS RESERVED FOR A ROAD RIGHT-OF-WAY. /i. F. #: 9302t71306~i REEL 070! FR 0873