HomeMy WebLinkAbout129 CLEARVIEW LANE 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
, Kitsap County, Washington, (hereinafter "Property'),
legally described as:
$ti. OoKITSAP COUNTY CHCK
~_~ ~,r "~" ,~'2-~',~ FILED-BY: BREMERTON CITY OF
~ ~, lg~4, t0:20 AM
XAREN FLYN~, AUDITOR
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 ntility 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.
CLERK: CHIPPS
OUTSIDE UTILITIES AGREEMENT -1- REEL 08~5 FR 1551
(INDIVIDUAL)
Ulilily2.Agt - Agreement Fo~ms - Revised 8/18/92
4. Utility Improvements.
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.
OUTSIDE UTIL1TI~ AGREEMENT -2-
(INDIVIDUAL)
Ufility2.Agt - Agreemem Fo~s - R:vlsed
STATE OF WASHINGTON )
: SS.
COUNTY OF KITSAP )
On this day, before me, the undersig, ned, a Notary Public in and for the State of
Washington, personally appeared '2~'-~ n t' $ 0'x0'~ff, f ~or-a,,( ~,~,a'/$~£, to me known
to be the individual(s) described in and who executed the within and foreg~oing instrument,
and acknowledged that he/she/they signed the same as his/her/their free and voluntary act
and deed, for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this /3?"4~day of~/~"-,7~ ,
. ..... :., :...~ Notary Public in and for the State__of Washington,
.~5'i ~, ~'::' residing at:
My appointment expires: /~/',~ ~'./~' ~ .
,'.
CITY OF BREMERTON
LYNN HORTON, Mayor
ATTEST:
I~A~HLEEN McCL~SKEY, City Clerk
/~l~ AS TO FORM: DEPA~MENT.~ ^APPROVAL:
lAN Rd SIEVERS, City Attorney EDDY CHy, DireCtor of Public Works & Utilities
OUTSIDE UTILITIES AGREEMENT -3-
(INDIVIDUAL)
Utilily2.Ag! - Agreemenl Forms - Revised 8/18192
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 anthorized
to execute said instrument on behalf of said corporation.
under my hand and official seal this ~ day of
GIVEN
19q,/.
ck'~ .
~::~, ,.., , .-.,, /~{-,,t~'AI9.~
'?." ,~ '~" e. N~tary P~'blV~c/~.dnd Xfor the Stat~ or Washington,
-~: .~,~. ',tr~ ;-'- residing at:
· , t%,. ,c : ~. ~ My appointment expires:
A.F.#: 94110800/a8
EEl. 08~5 FR 1554
OUTSIDE UTILITIES AGREEMENT -4-
(INDIVIDUAL)
Ulilily2.Agt - Agreement Fomls - Revised 8/18/92
PER T.AND TITLE COMPANY
RE!EL 0835
EXHIBIT 'A'
TAX ASSESSOR'S No. 022401-2-021-2006
PARCEL I:
Lot A of Short Plat No. 45i5, recorded under Auditor's
File No. S80902Q037, being a portion of the Northwest quarter of the Northwest quarter,
Section 2, Township 24 North, Range 1 East, W.M., in Kitsap County, Washington.
PARCEL II:
Easements for access and utilities as delineated on Short Plat No.
45i~ recorded under Auditor's File No. S809020057 (said easements designated as A through
E on said Short Plat) and being within the Northwest quarter of the Northwest quarter,
Sectlon 2, Township 24 North, Range 1 East. W.M., ~n Kltsap County, Washington.
-