HomeMy WebLinkAbout226 S OYSTER BAY ROAD 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 receivifig 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 oft parcel outside the City of Bremerton, has
made application for city utilities;
NOW, THEREFORE, the undersigned owner (hereinafter "Owner") of real property
located at 226 S. OYSTER BAY ROAD
, Kitsap County, Washington, (hereinafter '?roperty'),
legally described as: $tl,flfl~II~P,._ CO~lY
FItI::I'~By: CITY
SBE ~XRIBIT "A" ATTACHED ~ ~l,~!
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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 Charaes. 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,
4. Utility Improvements. _~ [;'p ~
Mrr. r~ ~ FR .2~27
~&TER S~RYTCP: TO 1~0 T.I~TNC- UNTTS ON ON-~ PROPERLY.
OUTSIDE UTILITIES AGREEMENT -t-
(INDIVIDUAL)
Utility2.A[;t - A~re~mt Forms - Rc'~i~l 3113195
5. .&nnexation. 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
Pro~rty as part of any Notice of Intent or Petition ~br Annexation presented to the City of
Bremerton.
The annexation petition suppoaed 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 amende2t.
This Power of Attorney is nonrevocable.
6. Enf0mement. Violation of this Agreement may result in the immediate
termination of utilities services to the above-described property as well as other remedies
provided by law.
7. Covenants. 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(S):
SS.
COr,_~NTY OF K_t-TSAP )
On this day, before me, the .m3d~rsigned, a. Notary Public in and for the State of
Washington, personany appeared , to me mown
to be the individual(s) described in and who ex~uted the within a~d foregoing instrument,
and acknowledged that he/~/~y signed the same as his/~-~./~h' free and voluntary act
OUTSLDE UTILITIES AGREEMENT -2-
and deed, for the uses and purposes therein mentioned.
19'~'~ GIVEN under my hand and official seal this ~q~ day of t~TJt//2JJ/]~'/Z ,
LINDAK. I~OLUSKEY residing":t: '~t~/d~ State, of Washington,
N01ARY PtI~I0-SIAT£ OF W~HINaION My appointment expires:
~y Oomm~io~ Expire, M~/20, 1~
CITY OF BREMERTON
LYlC{N HORTON, Mayor
DEP~ROVAL:
W. EUGEN~ S~Director of Public Works & Utilities
IAN R.'>SIEVERS, Bremerton Ci~ Attorney
STA~ OF WAS~GTON ): ss.
CO~Y OF ~SAP )
On ~s ~y person~y ap~ before me Lynn Honon, Bmme~on Ci~ Mayor,
mu~cip~ co~m~on descfib~ in ~d ~at ex~ut~ the within ~d forego~g ins~ment,
~d ac~owl~g~ ~d ins~ment to be ~e fr~ ~d volun~ act ~d d~ of ~d
c~mfion, for ~e u~s ~d pu~oses ~erein men~on~, ~d on oa~ smt~ ~at ~ey were
autho~ to ex,ute ~d ~smment on beh~f of ~d co~omfion.
G~ under my h~d ~d offici~ s~ this ~.~ day of
':-'' ,. ~ ,e~,..~ v. '.~" ~ .' No~ P~li~ ~d~or the S~ 0f W~hington,
~' -. '.' ..",". ' My appointment expires: ~-
O~S~E U~ AG~ME~
~UaL)
A PORTION OF SECTION 22, TOWNSHIP 24 N., RANGE 1 E.; WILLAMETTE
MERIDIAN
TAX ASSESSOR'S NUMBER 4502-005-001-0003
LEGAL DESCRIPTION
Lots 1, 2, 3, and 4, Block 5, Plat of Bremerton Heights, according
to plat recorded in Volume 3 of Plats, Page 41, in Kitsap County,
Washington