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HomeMy WebLinkAbout2904 NORTHLAKE WAY NW AUDITORS NOTE LEGffilLITY FOR RECORDING AND COPYING UNSATISFACTORY IN A PORTION OF THIS OUTSIDE UTILITIES AGREEMENT INSTRUMENT WHEN RECE~¥ED. WIIEREAS the Bremerton Municipal Code requires property 'outside the city boundaries to support annexation to the City of Brmnerton as a conditiou for receiving City utilities (BMC 15.02.040 and 15.03.040); and WlIEREAS the City of Bremerton has a primary obligatiou to its citizens to allocate limited se~ice resoumes for adequate growth and development within the City; and WIIEREAS the undersigned, as owner of a parcel outside the City of Bremertou, has made application for city utilities; NOW,TIIEREFORE, the undersigned owner (hereinafter "Owner")ofreal property located at 2~ ~~ , Kitmp County, Washington, (hereinafter '~roperty~), legally described as: KIT and thc City of Brcmc~ton (hereinafter "Ci[y"), in cousidcrmion oF Ibc mu[ua{ covennnts set forth herein including the furnishing of utilities services bythe City of Bremerton. do I. Se~ices 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 off AvaJlability From the Bremerton Utilities Deparmmnt. 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 staodards off City o¢ Bremerton comprehensive laod use plan adopted pursuanl to RCW 35.13.177and any adopted subdivisiou and street standards or the City oC Bremerton. OUTSIDE UTILITIES AGREEMENT -i- (INDIVIDUAL) Ulilily. Ag~ - Revised 8118192 4. Utility Improvements. 5. Annexation. Owner, by signing below, grants to the City of Brelnerton 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 snpported by this Power may include proportional asstnnption 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 ama pursuant to RCW 35.13. 177, or if none bas been adopted, the land uses for annex~ property as set forth in the Bremerton Zoning Code as amended. This Power of Attorney is nonrevocable. 6. Enforce~ncnt. Violation of this Agreement may resnlt in the immediate lermination of utilities se~ices to the above-described property as well as other remedies provid~ by law. 7. Covenant& The undersign~ further agrees that this Agreement and the promise made herein constitute a covenant nmning with the land and shall be binding npon the undersign~ and his heirs, successors, and assigns, and that this Agreement shall be filed for [ecord in the office of the Kitsap County Audilor. Owner agrees that any sale or transfer of the above-described property will be conditioned on execntion and filing of a dnplicate copy of this outside utility agreement by the purchaser or transferee. OWNER: ROB~T E. ~ING OUTSIDE UTILITIES AGREEMENT -2- Utility.Alt ' Rgvlsed 01~/92 STATE OF WASHINGTON COUNTY OF KITSAP On this day, before ~ne, the undersigned, a Notary Public in and for tile State of Washiugton, personally appeared Robert l-lenning~ sole proprietor , to me known to be the individually) described in and who executed the wi,bin and foregoing instrument, and acknowledged that be/ll~ signed the same as his/~ll~t[lffiX free and voluntary act and deed, for the uses and purposes therein memioued. GIVEN under my hand and official seal this 26t:h day of ,Tanuarg Notar~r Public iu a~'d for tile State of Washington, - residing at: porg Orchard, WA My appointment expires: CITY OF BREMERTON 'LYNN HORTON. Mayor /\'FI'EST: KATHLEEN McCLUSKEY, Cit.[, Clerk IAN P,. SIEVERS, City Attorney .--~'m~'~tt~l~ }Dir~'t'o[""of Public Works & Utilities OUTSIDE UTILITIES AGP, EEMENT -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 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 19~~. ' ~"' '"" ~' "~ ~' -- y ' frond for the Stat~ of Washington, cO; .g ,:~.~3 ~ ,~ .', r ' residing at: appointment ex~ires~ 0r? '", ~, .? OUTSIDE UTILITIES AGREEMENT -4- (INDIVIDUAL) A PORTION OF SECTION 8, TOWNSHIP 24 N., RANGE 1 E. ; WILLAMETTE MERIDIAN · ss.sso,,s LEGAL DESCRIPTION LOT B SHORT PLAT NO. 6165 AS RECORDED IN VOLUME 9 PAGE 150 OF SHORT PLATS, AUDITOR'S FILE NOS. 9306090028/0029. BEING A PORTION OF THE EAST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, SECTION 8, TOWNSHIP 24 NORTH, ~ANGE i EAST, W.M., IN KITSAP COUNTY, WASHINGTON. TOGETHER WITH EASEMENTS AS DEPICTED ON THE SHORT PLAT.