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HomeMy WebLinkAbout1911 CORBET DR NW 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 1911 Corbet Drive , Kitsap County, Washington, (hereinafter '~Property'), legally described as: KIT,g~ CO~TY $! t. O0 CLICK SEE EXHIBIT "A" ATTACHED FILED-BY: BI~ERTON CITY OF C~3, t~4, t0.03 ~ .FLYNN, AUOITOR · FREERa, N and the City of Bremerton (hereinafter "City"), in consideration of the mutual covenants set forth herein including the filrnishing 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, 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. A. F. #: 9~07~.30050 REEL I~B~5 FR 13443 OUTSIDE UTILITIES AGREEMENT -I- (INDIVIDUAL) Ufillty2.Agt - Agreemenl Forms - Revised 8/18/92 4. Utility Improvements. Wastewater service to a single family residence 5. Annexation. Owner, by signing below, grants to the City ofBremerton 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. OWNER(S): DATED: ~"~- t~D~, -~ ~ (Spout) OUTSIDE UTILITIES AGREEMENT -2- (INDIVIDUAL) Utilily2.Ag~ - Agreemen! Forms - Revised 8118192 STATE OF WASHINGTON ) ~ SS. COUNTY OF KITSAP On this day, before me, the undersigned, a Notary Public in and for the State of Washington, personally appeared Razl E. Scherfenberg , to me known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that he/.g~4~x signed the same as hi~l~q~/~ free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this ~nc7 day of June , 19 ~. Notary/Public i~]and for the State of Washington, residing at: Port Orchard. WA My appointment expires: August 15~ 1994 CITY OF BREMERTON RTON, Mayor ATTEST: KATHLEEN McCLUSKEY, City Clerk IAN R. SIEV~ERS, City Attorney EDDY C~IU, D}rector of Public Works & Utilities \\ REEL 13~1~ FR 13445 OUTSIDE UTILITIES AGREEMENT -3- (INDIVIDUAL) Utility2.Agl - AgreemenI Forms - Revised 8118192 STATE OF WASHINGTON ) : SS. COUNTY OF KITSAP ) On this day personally appeared before me Lynn Horton, Bremerton City Mayor, and Kathleen L. McCluskey, Bremerton City Clerk, of the City of Bremerton, 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 corporation, for 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 ~ day of (t~.o.~ ~, , 19 t~. -'5'..":.%_.~.~'.'.'~a" ~',:'?.~, ~; Notar) Publi~'/i~ and ~for"th~ ~tate-~ WaShington, ~, ...... ~ residing at: ,.. ~'za~.,, ~, ' .~.~';~. My appointment expires:~¢''~ I~-~ A. F. t: 9t~i17t3121150 ItEEL 0815 FR Ot~/~6 OUTSIDE UTILITIES AGREEMENT -4- (INDIVIDUAL) Ulillty2.Agt - Agreemenl Forms - Revised 8118192 EXHIBIT SECTION 10, TOWNSHIP 24 N., RANGE 1 E. ; WILLAMETTE MERIDIAN TAX ASSESSOR'S NUMBER 3786-000-010-0101 3786-000-010-0100 3786-000-010-0606 LEGAL DESCRIPTION PARCEL I: The ~o~th 60 feet of the South 100 fdet of Tract t0i Phinne~ Bay Water F~ont Tra~ts, aa per plat ~eco~ded in Volume a of Plats, Page 17, records of Kitsap Cou~, County, Wa~hi~st~, by D~ed reeo=d~a under Aud{tor~ F~le No~ 9491~0. ~e N6~tB 6~ f~et of the South 1~0 f~et of Tract l0 and the N0ttb 60 feet of Sou~ i40 feet of the East 66 fWet o~ Tract 11, Phi~ne~ Ba~ Water Front Tracts~ as per'pimt ~e~0rded in Vol~e ~ Of Plats~ Pa~e 17, records of Kt~sap Oounty, EXCEPT t~e ~ast 10 fee~ the=eof Of t~e North 60 feet of the S6Uth 140 feet ~f s~ Tract 10 for Cor~e~ ~r{~ as conveyed to Kitsap C6unt~, WashlnEton~ by FR 0447 Bay ~Atet Front Tracts, as per ~lat ~ecordi/ in Vol~e 4 of Plats, Page [7j of Kit~ap Couhty, Washington.