HomeMy WebLinkAbout3036 PERRY AVENUE 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 3036 Pe~Ly
, Kitsap County, Washington, (hereina~er '~roperty'~,
legally described as: $~1~[,[]0 CliCK
FILED Y: BRE ERTON CITY OF
CLE :
and the City of Bremerton (hereinafter "City"), in consideration of the mutual covenants
set forth herein including the ~urnishing of utilities se~ices by the City of Bremerton, do
hereby promise and agr~ as follows:
1. Se~ices Provided. City of Bremcrton shall provide utility se~ices consistent with
so.ice ar~s defined by the City comprehensive utility plans as amended, and terms and
conditions of a current Letter of Availability from the Bremerton Utilities Depa~mcnt.
2, Rates and Charges. Owner shall pay when due all connection charges,
~ssessmcnts, and rates established for city utilities sc~iccs by City ordinance for thc Owner's
user ClaSs.
3, Usc. Development of the property described above shall comply with thc uses
and development standards of City of Bremerton comprehensive land use plan adopted
pursuant to RCW 35.13.177and any adopt~ subdivision and street standards of the City
oF Bremerton.
OUTSIDE UTILITIES AGREEMENT -1-
(CORPORATE/PARTNERSHIP)
Utility3.Agt ~ Agrecmen~ Forms - Revised 8/18/92
4. Utility Improvements.
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
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: fl]t~ ~/,~g~4. l~ BY:
~ W. II Pp~r, D.D.S.
~036 p~a~ Avza~Ol~ BY:
l~gl~ll~l, I~. 98310
OUTSIDE UTILITIES AGREEMENT -2-
(CORPORATE/PARTNERSHIP)
Utillty3.Agt - Agreement Forms - Revised 8/18/92
STATE OF WASHINGTON )
~ SS.
COUNTY OF KITSAP )
On this day personally appeared, be.[qre, me (' 2//(',/~C ,~'J f,--//~/~c/~ 7c-, , and
of( ~d;Y~. [~ [~l?fl~/~ ~' , the
corporationXpartnership 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
corporationXpartners~_~ ~ for the uses and purposes therein mentioned, and on oath stated
that
~he~they ~ere authorized to execute said instrument on behalf of said
co~oration~par tnerslffp.
: ~VEN under my hand and official seal this / day of
~9'$rz-r/ ~ ' '
n~~ }~ ~ I t ) / /
~ ,. ,,, ~ / / / '
~m~i~TY OF BREMERTON
DATED: ~ - ~ h~:
ORTON, Mayor
NFFEST:
KATHLEEN McCLUSKEY, City Clerk
APPROVED AS TO FORM: DEPARTMENTAL f~TVAL:
lAN R. SIE~VERS, City Attorney ED torqof Ptlblic Works & Utilities
OUTSIDE UTILITIES AGREEMENT -3-
(CORPORATE/PARTNERSHIP)
Utilily3.Ag~ - Agreemem 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 thisa;~pa.,~~ day of\ d~l~l~.4~txo,(~,j_ ,
19~,~'. d
c.,..~ ~',l~;tr ~: 4..; Notary Publ~3~ ~nd/fora'he State otfWashington,
' '~ ""~ '~ ' : residing at: 1.~14.
"' '...; ... ,, ',,.. ~, .~ My appointment expires: ,~-/,.5--~
-~.%'... '-'
Op. 9' ,~ ~' ,~O' ,
OUTSIDE UTILITIES AGREEMENT -4-
(CORPORATE/PARTNERSHIP)
Ulility3.Agl - Agre~mem Forms - Revised 8/18192
EXHIBIT W'A"
A PORTION OF SECTION 12, TOWNSHIP 24 N., RANGE 1 E. ; WILLAMETTE
MERIDIAN
TAX ASSESSOR'S NUMBER 4638-000-022-0006
LEGAL DESCRIPTION
Lot 22, 23, 24, and 25, Plat of Scott's Valley Addition, according
to the plat thereof, recorded in Volune 7 of Plats, Page 11,
Records of Kitsap County, Washington. ------
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