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HomeMy WebLinkAbout757 NE WOODS PLACE OUTSIDE UTILITIES AGREEMENT WIIEREAS 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 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,TIIEREFORE, the undersigned owner (hereinafter "Owner")ofreal property located at 757 ~ ~/OODS PLACE ., Kitsap County, Washington, (hereiuafler "Property'9, legally described as: " $tt.00~IT?~p'' SEE ~x~T~SXZ "a" AXn'AC.KO i 0gl' Z/~ l~tn ~.l& Bi OF F~EN FLYNN, Atl)IT~R CLEIIK: CHI~ and the City of Bremerton (hereinafter "City"), in consideration of the mutual covenants set forth herein including the furnishing of utilities services by the City of Bremerton, do hereby promise and agree as follows: 1. Servic{:$ 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 comprebensive land use plan adopted pursuant to RCW 35.13.1?7and any adopted subdivision and street standards of the City of Bre,nerton~ ' OUTSIDE UTILITIES AGREEMENT -1- (CORPORATE/PARTNERSHIP) 4. Utility hnprovements. WATER SERVICE TO A SINGLE FA}lILY RESIDI!~CE 5. Annexation. Owner, by sigui,g below, grants to the City ofBremerton a Limited Power of Attorney to inclnde this Agreement as Owner's consent ~o the annexalion of the Property as part of auy Notice of Intent or Petition for Annexation presented to the City of Bremerton. The annexation petiliou supported by this Power tony include proportional assumption of the City indebledness by tbe 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 pnrsuant to RCW 35.13.177, or if none bas been adopted, ll~e land uses for annexed property as set forth in Ibc Bremerlon Zoning Code as amended. Tbis Power of Attorney is nonrevocable. 6. Enforcement. Violation of this Agreement may result in tim immediale termination of utilities se~ices to the above-described property as well as other remedies provided by law. 7. Covenants. The undersigned further agrees that tiffs Agreement and the promise made herein constitute a covenant nmuing with the land and shall be binding npon the undersigned and his heirs, successors, and assigns, and that this Agreement slmll be filed for record in the office of the Kitsap Connty Auditor. Owner agrees that any sale or transfer of the above-described property will be conditioned on execution and filing of a dnplicale copy of ibis outside utility agreement by the purchaser or transferee. OWNER: 1008 DAVID ST. OL~PIA, WA. BY: OUTSIDB UTILH'IBS AGRBB~BNT -2- (CORPORATB/PARTN~RSHIP) STATE OF WASHINGTON SS. COUNTY OF KITSAP On fllis day personally appeared before hie Robert R. Lenlon . and NA , of Robert Lomon Cu.~tom Hom~_.~ , the corporalion\~--~lJlp described in and that executed tire within and foregoing instrunlent, and acknowledged said instrument to be the free and voluntary act and deed of said corporationXR~g~ for the uses and purl>oses therein mentioned, and on oath stated that he~ was~ authorized to execute said instrument on behalf of said corporation~a~ GIVEN under my hand and official seal this 15th day of August , 19 94. ~__.~ Nolar~Pubtic in a~l for the State of Washington,  residing at: Port Orchard. W~ ~oTARy My a[)llohlllllellt expires: muqust 15, 1998 LY~N IIORTON, Mayor ATTEST: KATHLEEN McCLI{SKEY, City Clerk APPROVED AS 'FO FORM: I)EPAI>,TMENT/~CL APPROVAL: lAN R. ~IEVERS, City Attorney EDI Director of Pubhc Works & Utilities OUTSIDE UTILITIES AGP, EF. MENT -3- (CORPORATE/PA P, TN ERSI lIP) STATE OF WASHINGTON SS. COUNTY OF KITSAP Ou this day personally appeared before me Lynn l lorton, Bremerton City Mayor, and Kaddeen L. McCluskey, Bremerlon Cily 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 vohmtary act and deed of said corporation, for the uses and purposes therein mentioued, and on oath stated that they were authorized to execute said instrument on behalf of said corporation. GIVEN t,,,de,' my ha,,d a,,d official seal this /~ day of ~9g~. ?-" '""' ':~' No~,./~;,~i~ a{,d %; the St~ or ; d ' "~:'-~5 residing at: OUTSIDE UTILITIES AGREEMENT -4- (COI~,I~OI~,ATE/P A RTN EI~,SI II P) EXHIBIT SECTION 35, TOWNSHIP 25 N., RANGE 1 E. ; WILLAMETTE MERIDIAN TAX ASSESSOR'S NUMBER 4969-000-006-0005 LEGAL DESCRIPTION Lot 6, The Woods, as per plat recorded in Volume 22 of Plats, Pages 52 and 53, records of Kitsap County.