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HomeMy WebLinkAbout1210 AUDREY AVENUE $~ J, OLi CHC ~ :i'LFD-BY: BRE~RTON r"~T¥ OUTSIDE UTILITIES AGREEMENT WIlEREAS the Bremerton Municipal Code requires property oulside the city bouudaries to support annexation to the City of Bremerton as a condition for receiving City utilities (BMC 15.02.040 and 15.03.040); and WIIEREAS 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 WIIEREAS 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 , Kitsap County, Washington, (hereinafter "Property"), legally described as: .5~ ~)~Mi~/7- ',lq ~/ ~q 7-z'~c.,,4EcZ:ERK. CHIPPS and the City of Bremerton (hereinafter "City"), in consideration of the mutnal 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 Charees. Owner shall pay when due all connection charges, assessments, and rates established for city utilities services by City ordinance for the Owner's riser class. 3. U~e. 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 snbdivision and street standards of the City of Bremerton. A. F. #: OUTSIDE UTILITIES AGREEMENT -1- REEL 0835 FR (INDIVIDUAL) 4. Utility Improvement~. 5. Annexatioq. 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 suppo~:ted by this Power may include proportional assumption of the City indebtedness by the area to be annexed. The petition shall reqnire 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 atnended. 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 Ihe undersigned and his heirs, successors, and assigns, and that this Agree~nent shall be filed for record in the office of the Kitsap County Auditor. Owner agrees that any sale or transfer of the above-described pro~rty will be conditioned on execution and filing of a duplicate copy of this outside utility agreement by the purchaser or transferee. OWNER(S): REEL OU~3IDE UTILITI~ AGREEMENT -2- (INDIVIDUAL) 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 Richard L. Ca22en , to me known to be the individual(g) described in and who executed the within and foregoing instrument, and acknowledged that he.~ signed the same as his.t~a~ free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this 29th day of .~pr;.Z , 19 9< Notary Public i~q and for the State of Washington, residi..~, at: Port Orcharde WA 98366 My appointment expires: Auqust 15, 1994 CITY OF BREMERTON k~M ~O~TO~ ', Mayor AqF~ES'F' KATHLEEN McCLUSKI~ ~. F= %: 9~11080070 City Clerk : REEL 083~ FR 1563 ~ IAN~ SIEVERS~ City Attorney ~ p~ c~ Utilities Director OUTSIDE UTILITIES AGREEMENT -3- (INDIVIDUAL) 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 t~e 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~a2~, day of 19~q__~_. .... ' ' N~-ta y P I~li~ i~d ~r' St ti r hi gt : ... .,r z r u the a o Was n on, res n at: ~,.-~.e : . ~ ....',.,.~ i My appointment expires: ~6-'~ OUTSIDE UTILITIES AGREEMENT -4- (INDIVIDUAL) U61i~y2.Ag! - Agreement Forms - Revised 8/18192 EXHIBIT "A# SECTION 22, TOWNSHIP 24 N., RANGE 1 E. ; WILLAMETTE MERIDIAN LOTS 34 THROUGH 40 INCLUSIVE OF THE PLAT OF PORT ORCHARD CITY, SITUATE IN KITSAP COUNTY, WASHINGTON. · ; '-rm' J ,o J - ., , '~ L ,, .~ I ..