Loading...
HomeMy WebLinkAboutW FRANCIS ST OUTSIDE UTILITIES AGREEMENT WEIEREAS 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 WFIEREAS 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 WI-IEREAS the undersigned, as owner of a parcel outside the City of Bremerton, has made application for city utilities; NOW, TltEREFORE, the undersigned owner (hereinafter "Owner") of real property Kitsap County, Washin~on. (hereinafter '~ro~ert¥'5 " KITSAP, C UNT¥ " legally deschbed as: CLERK; BEVAN$ 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, a~sessments, 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. EXCISE TAX EXEMPT OUTSIDE ~ITIES AGREEMENT -1- 0NDIVIDUAL) 'rr~EA$OFtER 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 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 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. O ZNER(S): c. STATE OF WASHINGTON ) : ss. FR 1431 CO~Y OF ~S~ ) On ~is day, before me, ~e undersignS, a No~ Public in ~d for the State of Washington, ~rson~ly ap~ ~i;o ~. ~RPaR ~ ~ ~ k.~RP~O me ~own to be ~e ~dividua(s) descfib~ in ~d who execut~ ~e wi~in ~d forego~g ins~ment, ~d ac~owl~ged that ~/~ey sign~ the ame ~ ~-/~eir ~ ~d volun~ act O~S~E ~I~ AG~E~ -2- ~mU*L) and deed, for the uses and purpose.s therein mentioned. GIVEN under my hand and officiaJ_ seal this e,,O~ ~-~ day of t~,~ ~oIA~¥ l~ NotaryffPublic inffand fg.r the ~tate of Washington, CITY OF BREMERTON O , Mayor DEP~APiROVAL: W. EUGENE S~, Director of Public Works & Utilities · d?P VED ZAS TO FORM: IAN R. SIEVERS, Bremerton City Attorney STATE OF WASHINGTON ) : SS. COU/qTY OF KITSAP ) On ti'ds day personally appeared before me Lynn Horton, Bremerton City Mayor, the municipal corporation described in and that executed the within and foregoing instrument, and acknowledged said instrument to be the free and volunta~ act and deed of said cgrporafion, for the uses and purposes therein mentioned, and on oath stated that they were author/zed to execute said instrument on behalf of said corporation. GIVEN under my hand and official seal this ~ day of : .... Notary Pu xc r the Sta as ton, · ' .. -~ My appointment exph'es: .5- -/.~'- (n, rDBrD JAL) A PORTION OF SECTION 21, TOWNSHIP 24 N., RANGE 1 E.; WILLAMETTE TAX ASSESSOR'S NUMBER 212401-2-137-2004 Lot "A" 212401-2-138-2003 Lot "B" 212401-2-139-2002 Lot "C" LEGAL DESCRIPTIONS LOT A SHORT PLAT 6(])58 RECORDED IN VOLUME 8, PAGE 111 OF SHORT F'LATS, AND AUDITOR'S FILE NO. 9208060169; BEING A PORTION OF THE WEST HALF OF THE EAST HALF OF '[HE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 21 ~ TOWNSHIP 24 NORTH~ RANGE i EAST, W.M. , KITSAP (]OUNTY~ WASHINGTON. SUBJECT TO AND TOGETHER WITH EASEMENTS AS DELINEATED ON ABOVE SAID SHORT PLAT~ IF ANY. ~;LO~?'B '~HORT' PLAT 6058 RECORDED IN VOLUME 8, PAGE Ill OF SHORT PLATS, AND AUDITOR'S FILE NO. 9208060~69; BEING A PORTION OF THE WEST HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 21, TOWNGhIP 24 NORTH, RANGE i EAST, W.M., KITSAP COUNTY, WASHINGTON. SUBJECT TO AND TOGETHER WITH EASEMENTS AS DELINEATED ON ABOVE SAID SHORT PLAT, IF ANY. LOT C SHORT PLAT 6058 RECORDED IN VOLUME 8, PAGE 111 OF SHORT PLATS, AND AUDITOR'S FILE NO. 9208060169; BEING A PORTION OF THE WEST HALF OF THE EAST HALF OF THE SOUTHEAST QUARYER OF THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 24 NORTH~ RANGE 1 EAST~ W.M. ~ KITSAF' COUNTY, WASHINGTON. SUBJECT I'O AND TOGETHER WITH EASEMENTS AS DELINEATED ON ABOVE SAID SHORT PLAT, IF ANY. ....