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HomeMy WebLinkAbout2589 SAND DOLLAR LANE OUTSIi)E UTILITIES AGREEMENT WliEREAS the Bremerton Municipal Code requires property 'outside the cily boundaries to support ammxalioa to tim City of Bremerton as a condition for receiving Cily utilities (BMC 15.02.040 and 15.03.040); and WIIEREAS the City of Brcmerton has a primary obligation lo its citize.s to allocale, llmiled se~ice resources for adequate growth and development within the City; WIIEREAS II~e undersig,ed, as owner ora parcel outside the City of Bremerto., has made applicatiou for cily utilities; NOW,TllEREFORE, Ihe umlersigned owner (hereinafter "Owner")of real ProlmHy located at 2589 S~ DOLl.Ag I.&~R Kitsap Cmmly, Washinglon, ( mremafler 'l~ropeHy'), legally described as: ~lL ooKITSAP CO~TY sgg g~x~ "~- ~z~c~gD FILED-BY: BREMERTON CITY OF KAREN FLY~, AUDITOR CLERK: CHIPPS am~cl (l~c City oF BrcmcHon (hcrcinnflcr "City"), Jn co~sider~mn oF (he muu(unl covennn(s se( Forth hereh) incIudJnB ll)e FurnJshJnB oF utilities se~Jces by the City oF I)remer(o~, do mmreby promise nncl nBree ns Follo~: I. ~crvJces Provided. City oF )~rcmeHon shah provide uliHt7 services co.sisleu( with scrvicc ~rens de~ned by Um CJ(y compreheusivc ufil)(y p)nn~ ns nmended, ~nd terms nmi cm~dJfions oF ~ current Lc((cr of Avni)nbimi(y From Um ~remerton Utilities ~epnrtment. 2. Rates aud ~h~qj. Owucr shall pay when dtme all commotion charges, assessments, and rates eslablished fi~r city ulilities services by Cily ordinance for Ihe Owner's t~gcr ciasa. 3. Use. Developmeut of the property described above shall comply will~ Ihe uses and development slandnrds of Cily of Bremerton co nprehe,s~ve land use plan adoplcd pursuant to RCW 35.13.177aml any adopled subdivision and street standards of the City ~[ BrcmeHon. A. F. ~: 9~90~34 EEL ~8t9 ER 209~ OU'['~I~ U'I'ILYYIF~ AGI~EEMENT (INDIVIDUAL) 4. Utility hnprovemenls. 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 tile annexation of the Property as part of any Notice of Intent or Petition for Annexatiou presented to the City of Bremerton. The annexation petition supported by this Power may include proportional assnmption of the City indebtedness by the area to be annexed. The petition sball reqnire Ihe concurrent adoption of land uses designated in any urban fringe comprebensive plan approved for the annexation area pursuant to RCW 35.13.177, or ifnoue has been adopted, the land uses for annexed property as set forth in tile Bremerton Zoning Code as amended. This Power of Attorney is nonrevocable. 6. Enforcement. Violation of this Agreement may result in Ihe immediate termination of utilities services to tbe above-described property as well as other remedies provided by law. 7. Covenants. The undersigned fi~rlher agrees that this Agreement and the promise made herein constitute a covenant running with the land and shall be binding upon the undersigned and bis heirs, snccessors, and assigns, and that this Agreement shall 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 conditioued on execution and filing of a dnplicate copy of this outside utility agreement by the purchaser or transferee. OWNER(S): DONNIE L. RED DON & DONNA RED ~ ~ 2589 S/~D DOLLAR T.AIWE BR~I~ffiRTON, I/A. 98312 ,~ ~ ~ DONli'A H. RED (Spotty) OUTSIDE UTILITIES AGREEMENT -2- (INDIVIDUAL) Otility,Agt - Revised 8118192 STATE OF WASHINGTON ) : SS. COUNTY OF KITSAP ) On this day, before me, the undersigned, a Notary Public iu and' for the State of Washington, personally appeared Donnie L. and Donna M. Red , to me known lo be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that ImW',~/they signed the same as ki~'.Dmdtheir free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this ~ day of January , 1994. .~:' ' Notaq/Public in $]d for the State of Washi,,gton, ."'" (~" residing at: Port Orchard, WA ii5 : -' c My appointment expires: Auaust 15, 1994 CITY OF BREMERTON · Mayor v-,a.,_~ A.F. #: 940809013~- KATHLEEN McCI{,USKEY REEL 0819 FR 2092 City Clerk AP~ AS TO FORM: DEPARTMENTAL APPROVAL: ,~N R. SIEVERS, City Attorney 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 ~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/~d~ day of (~_ 19 ~_ff_. -(/ ff ' · o- . "..r:~ ' ' Notary Pu~lic/~ and kf-or the Sta(t/e of Washington, .......,. : . residing at: ~,3k~,~e.4?'-,v~) /:'.. ~;t.~c.. . ' ' My appointment expires: .5--/o~- c?,.q A.F.#: 9~[It8~9013~ REEL 0819 FR 2093 OUTSIDE UTILITIES AGREEMENT -4- (INDIVIDUAL) Utilily2,Agl - Agreement Forms - Revised 8118192 EXHIBIT "A" SECTION 28, TOWNSHIP 24 N., RANGE 1 E. ; WILLAMETTE MERIDIAN TAX ASSESSOR' S NUMBER 282401-3-055-2003 (LOT A OF SHORT PLAT NO W1/2 SW1/4 NE1/4 8W1/4 SUBa TO & TSW A ~IXTY FT RD & UTILITY ,ESMT A~ PER AUD NOS 8~0a2~01~7 c m EEL