HomeMy WebLinkAbout551 NATIONAL AVE OUTSIDE UTILITIES AGREEMENT
V~I-IEREAS 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 primar~ 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, THEREFORE, the undersigned owner (hereinafter "Owner")of real property
located at s~l ~'rrr~T. aw~n~
, Kitsap County, Washington, (hereinafter '1)roperty'~,
legally described as:
~ ~ "a" ~ EXCISE TAX EXEMPT JAN 2 1 1997
A. F. :B.' 9705.~09
~ 0~,3 FR 0290
and the City o~ 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 Bremenon shall provide utility services consistent with
service areas defined by the City comprehensive utility plans as amended, and terms and
c~nditions of a current Letter of Availability from the Bremerton Utilities Department.
2. Rates and Char~es. 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
OUTSIDE UTILITIES AGREEMENT -t- (CORPORATE/PARTNERSHIP)
Utility3.Agt - Agmt Forms - R~vi~ed 3113195
of Bremerton.
4. Utility Imurovements.
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 Powm ,nay 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
re~ord 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 fi)lng of a duplicate
copy of this outside utility agreement by the purchaser or transferee.
OWN'ER(S):
DATED: ..-~=~. ~z~,~' BY:~ ~'-
~ ~ AC~I(~ ~ BY:
· #A. 98337
OUTSIDE UTILITIES AGREEMENT -2-
(CORPORATE/PARTNERSHIP) ~ll~,,, F. ~: ~-~'g
u~u,3.^~-^s~,Fo~-~i~3/,3/gs RIEEL 121~te;~ F-It
STATE OF WASHINGTON )
: SS.
COUNTY OF KITSAP )
On this day personally appeared before me
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 z :~/day of ,,t.~ ,
19
No~axy P~lic in and for the State of Washington,
residing at: ~-~.~:~,~
RECORDER'S iqOi'[ My appointment expires:
MOTARY SEAL NOT AFFIXED
CITY OF BREMERTON
DATED: \ 2_\ 7.~ \~(~, · BY: (2~
LYNN HORTON, Mayor
DE~PPROVAL:
W. EUGE~IE ~c~~, Director of Public Works & Utilities
~AN R. S~RS, Breme~on Ci~ Attorney
STA~ OF WASHINGTON
ss. FR 0292
COU~Y OF ~SAP
On this day ~rson~ly ap~ before me Lynn Ho~on, Bremenon City Mayor,
OUTSIDE UTILITIES AGREEMENT -3-
(CORPORATE/PARTNERSHIP)
Utility3.Agt - Ag~cmcnt Forms -Rcviscd 3113/95
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, /bt the uses and purposes therein mentioned, and on oath stated that they were
authorized to execute said instrument on behalf of said corporation.
GIVEN under my hand and official seal this o,?~ day
19.~.
.'-". , "?/
' : ..... ' Notary P~lic~ a~d ~or the State ~of Washington,
:0, f'~,~c ". -,~ ': residing at:
.. My appointment expires: _-f-
RECEXV F.D FOR PILING:
KATHLI~2q' L. McCLUSKEY, Ci~ CLERK
g. F. Il.' 97'0t2,2110119
REEL 09~.3 Fll I]293
OUTSIDE UTILITIES AGREEMENT -4-
(CORPORATE/PARTNERSHIP)
Utility3.Agt - Ag~ent ponus - Revised 3/13195
A PORTION OF SECTION 22, TOWNSHIP 24 N.~ RANGE 1 E.; WILLAMETTE
MERIDIAN
TAX ASSESSOR'S NUMBER 4502-018-020-0003
LEGAL DESCRIPTION
Lots 20, 21,22, and 23, Block 18r Bremerton Heights, according to
the plat thereof, recorded in Volume 3 of Plats~ Page 41~ records
of Kitsap County, Washington.