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HomeMy WebLinkAbout1756 CORBET DRIVE 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 receiving 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 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 1756 COIIREI IlIUVE SIE EXHIBIT "An ATTACHED , Kitsap County, Washington, (hereinafter ''Property'), KlTW COUNTY 511.00 CHCK FlI.EIHlY:CITY OF IREl'ERTON .. 19, I'" 1:29. KAREM Fl'nll, ~1TOR CLERK: BEVANS legally described as: 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 Charl!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 of Bremerton. 4. Utility Improvements. A. F..: 9608190024 REEL 0923 FR 1.440 SENI!R SIlR.VICE TO A SDG.E FAMILY RESID:Jll<<:E EXCISE TAX EXEMPT OUTSIDE UTILITIES AGREEMENT -1- (INDIVIDUAL) AUS 16 1l9ll KITSAP COUNTY TREASURER Utility2.Agt ~ Agrec:meot Fonns - Revised 1113195 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 pennon 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. :XTE:f I dlf/IJ)qq ~ 1756 (XJ[8E'f IIUVE BRI!MllII1'Oi. VA. 98312 OWNER(S): Ji}~ * /}JrJ7It~ +- (~) STATE OF WASHINGTON ) ~..L9608190024 UY23 FR 1.441. ss. COUNTY OF KITSAP ) On this day, before me, the undersigned, a Notary Public in and for the State of Washington, personally appeared Luau Momsen , to me known to be the individual~) described in and who executed the within and foregoing instrument, and acknowledged that 1I1:/she/iIlIty< signed the same as ltiB/her/.tlteK free and voluntary act OUTSIDE UTILITIES AGREEMENT -2- (INDIVIDUAL) Utility2.Alt - Agreemeat Forms - Revised 3/13/95 apd deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this 1n+-h day of July 1996. ...-....... '~V,N W. " /.'?~\r.!/,1, 'It//-.', f~\r_ ~ ~.~. I >: ~OTARY .: ~ \ fJ::: * :O~ f. t\. ~ PUBLIC : ; .~ .s;....<!-15-9~..;# J ';-1~ ....... ~.I' .., OFWA~..;' '~-- DATED: <61, G:, Public i for the State of Washington, residing at: Port Orchard, WA Myappointment expires: August 15, 1998 CITY OF BREMERTON BY:~ 'iJ. JL LYNN HORTON, Mayor DEP APPROVAL: W. EUGENE S , Director of Public Works & Utilities ~ Bremerton City Attorney STATE OF WASHINGTON ) COUNTY OF KITSAP ) ss. ~.09~A~t~ On this 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 voluntary act and deed of said cQrporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said in.strument on behalf of said corporation. GIVEN 19~." , ~\- - ,II, under my hand and official seal this J':/AJ day of {("'!,h/it:; .I' :.. j"--''''''- I !.J!j L\ \.. . '.' " rAn-:i/~ (~~-As4 Notary liC~d for the te of Washington, residing at: ~"A 7'-~ ) Myappointment expires: .s:. /~..,- 9R 'I, ':oIP", , .... ~~. ~ , -;. . (_ ~. .:~'", T /',', _ <-' ".. I, "',/"0. ~ . .....' (; ~ \' ~CaVIfu fOR ;.Il.I>IO, ~1"'{\A~I" KA ,., EEN L. M:c~U~ITY CLERK OUTSIDE UTILmES AGREEMENT -3- (INDIVIDUAL) Utility2.Agt. Agrecmcat POl'mI . Revised 3/13/95 EXHIBIT .. A ., A PORTION OF SECTION 15, TOWNSHIP 24 N., RANGE 1 E. ; WILLAMETTE MERIDIAN Illft .09J~A~.t~ Legal Description TAX ASSESSOR'S NO. 3787-000-001-0002 The west 175 feet of Tract; Phinney 2; Acre Tracts, according to plat recorded in Volume 5 of Plats, Page 1, in Kitsap county, Washington; except the north 30 feet thereof for road purposes. L.- ~ - ~""""'''''''''''''''''''~''''''''-'-'''~~~'''''''''''''"--''--''''''''~~~-f-l''' ,_-.....~......,....,........... ...........~~'I ').\ _ 'f1.j , :1 7~ 'I'~,(. 40 I", ~ ----. ~ h 4.1>1l It) ,r, ~:r ~~ '-J 0- <J~ ,l" I~ " ) -- ~~ ) I ,. . ~J Sl/8JECT P ROPE..fi!;T Y (,,0 9--; H 9 Ie Q " ~o' __~J.'....__ 110. "ill i' ,?;-<n /I/,OC ~ ,-----'" ~ ~- ~ ',-----, wOfJb>-e -~7 ~;: (-, -;' , , .........., I ,__ 1 r ~.. I ~!' C fJJ &. - C. , r.J' (e-O (,f.,.-" 110, c;o" ISO' If,?Jt. 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