HomeMy WebLinkAbout2544 STONE WAY OUTSIDE UTILITIES AGREEiMI~.NT
WltEREAS the Bremerton Municipal Code r~uires 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
W'~_EREA$ 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, THI~.REFORE, the undersigned owner (hereinafter "Owner") of real property
located at 2544 ~ WAY
__, Kitmp County, Washington, (hereinafter '~Property'),
legally deschbed as:
EXCISE TAX EXEMPT JAN 2 1 1997
and the City of Bremerron (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,
a~sessments, and rates established for city utilities serv/ces 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.i77and any adopted subdivision and street standards of the City
of Bremerton.
4. Ut/litv Improvements.
~ :3~v.tCE '1'0 A ~K"rATT. C;~l~):~',*' ~ WJ.:L~:t ]f.,.tV.t.t'~ .('~'~An',',,o,~g Al~n~V,c.
OUTSIDE ~IES AGREF_aM2ENT -I-
(n, rvmuAL)
· 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
Properq, as part of any Notice of Intent or Petition for Annexation presented to the City of
Bremerton.
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
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 u'ansfer
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.
DATED: ~-/~-9,(, ~__
2544 S'1'(3~ Wd3f
mmmm~, ~. 98~].o (storm)
STATE OF WASFUNGTON
CO~ OF
On ~is ~y, before me, ~e undersignS, a ~o~ Public jn ~d for ~e S~te of
W~h~gmn, ~on~y ap~ C~7 ~O ~0~ , to me ~own
to be ~e ~dNidu~ d~cfib~ in ~d who ex~ut~ ~e ~in ~d fo~go~g ~s~ment,
~d ac~owl~ged ~at he/~ signed ~e same ~ his/~ fr~ ~d volun~ act
O~S~E ~I~ AG~E~ -2-
~U~)
~d deed, for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this /C~ day of ~.~-(--/J,/ ,
,,",0 ,.. ,,,. ;:..~0 ',, in and
Notary for the State of Washington,
.. ;oo ._,_ -)...= My appointment expires: /~r-c~
.-//
LYNN HORTON, Mayor
w. s orvr,of Wore & U i es
APP~/AS TO FORM:
IAN R.'S/iEVERS, Bremerton City Attorney
STATE OF WASFIIN'GTON )
: ss. A. F' l~:
REEL Oc)4:~ FR ~322
¢oulxrr¥ OF KITSAP )
On this day personally appeared before me Lynn Horton, Bremerton City Mayor, the
municipal corporation described in and that executed the within and forc§oing instrument,
and acknowledged mid instrument to be the free and voluntary act and deed of said
c~rporation, for the uses and purposes therein mentioned, and on oath stated that they were
authorized to execute ~id instrument on behalf of said corporation.
GIVEN. under my hand and official seal this ~ day of
~ ,~,.: :~ ,~ r~.~ 4/~-~ ~ ! Notary Pu6(li~.~(( for the State o(Washington,
~ '~ ..... ,'.: - residing at: .(.~-~ ~-~, ~, ~ ~/-~v~
:. ~,'. ,~00~.~C .: ~:
: .;....~...~.: ,.~ My appointment expires: - (~5--/oc- - ~,~
OUTSmE ryrrr.rrms Ao~,;m~y_axrr -3-
(n, rDBrmUAL)
EXHIBIT "A"
Z~3~T~'r~ ~ I~ ~trrl~J~.~ (~ OXe ~J~-~.O~T 12, ~ ~ ~., ~A~ I ~.; ~.~.
· A~ ~'S ~. - 451~~
Th~ south go feet of. Tracts 9 and lO, Card's Acre Tracts, according to pla~
recorded in volume 4 o~ Plats, page 39,. in K~tsap CounLy, Washington; EXCEPT from
said portion of said Tract 9, Lhe ~ou~h 5 feet th~reuF and the west 125 f~et
thereof; EXCEPT from said povtio~*of said Tract 10, the south 5 feet thereof; AND
EXCEPT the east 30 fee~ thereof for Trenton Avenue.