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.
....