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HomeMy WebLinkAbout2670 NORTHLAKE WAY NW OUTSIDE UT1LITIF~ AGREEMENT WllEREAS the Bremerton Municipal Code requires property 'outside the city boundaries to support annexation to the City of Bremerton as a conditiou for receiving City utilities (BMC 15.02.040 and 15.03.040); and WlIEREAS the City of Bremerton has a primary obligation to its citizens to allocate limited se~ice resources for adequate growth and developmeat within the City; and WlIEREAS the undersigned, as owner of a parcel ontside the CitY of Bremerton, has made application for city utilities; NOW,TIIEREFORE, the undersigned owner (hereinafter "Owner")of real property located at gO/0 ~O~m.~ ~Y , Kit~p County, Washington, (hereinafter 'Property'), lega described as: _ SEE E~IBIT "A" ATTAC~D and the City of Bremerton (hereinafter "City"), in consideration or the mutual covenants set forth herein including the furnishing o¢ utilities se~ices by the City of Bremerton, do hereby promise and agree as follows: 1. Se~ices Provided. City o¢ Bremerton shall provide utility serviccs consistent with service areas defined by Ihe City comprehensive utility plaus as amended, and terms and conditions o[ a current Letter of Availability from the Bremerton Utilities Department. 2. Rates and Char~es. Owner shall pay when due all connection charges, assessments, and rates established [or city utilities services by City ordinance ¢or the Owner's [~ser class. 3. Use. Development or the property described above shall comply with the uses and development standards of City o¢ Bremerton comprehensive ImM use plan adoplcd pursuant to RCW 35.13.1??and any adopted subdivision and street standards o¢ the City of Bre~nerton. OUTSIDE UTILITI~ AGREEMENT -1- (INDIVIDHAL) 4. Utility hnprovcmcnls. NATER SERVICE 'l~O A SINGLE FAMILY RESIDENCE 5. Annexation. Owner, by signing below, grants to tile City of Bremerton a Limited Power of Altorney to include this Agreement as Owner's consent to the annexation of the Property as part of any Notice of Inlent or Petition for Annexation presented to the Cily of Bremerton. The annexation petition snpportcd by this Power may include proportional assumption of Ihe Cily indebleduess by the ar~ Io be annexed. The petition sball require the concurrent adoption of land uses d~ignaled in any urban fringe comprehensive plan approved for the annexation ar~ pursuant 1o RCW 35.13.177, or if none has been adopted, the land uses for annexed property as set forlh in the Bremerton Zoning Code as amended. This Power of Attorney is nonrevocable. 6. EnforcemenL Violation of Ibis Agreement may result in the immediate (ermiuation of utilities se~ices to the above-described property as well as other remedies provided by law. 7. Covenant~. The undersigned fnrther agrees that tiffs Agreement and the promise made herein constilnte a covenant running with the land and shall be binding upon the undersigned and his heirs, successors, and assigns, and Ihat Ibis 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 properly will be conditioned on execution and filing of a duplicale copy ol this outside utility agreement by Ihe purchaser or transl~ree. P.O. BOX Yl0 BR~RTO~, ~A. 98312~/~ OUTSlD~ UTIL1TI~ AgReemeNT -2- (INDIVIDUAJg STATE OF WASHINGTON ) : SS. COUNTY OF KITSAP ) Ou this day, before me, the undersigued, a Notary Public itl and' for the Slate of Washington, personally appeared ~ ~ ~ = ~ ~x , ~ ~tc ~e ~ ~ , [0 nl~ kuown lo be the individual(~ described iu and who executed the within and foregoing inslrumenl, and acknowl~g~ that he/~ signed the same as his/~ free and vohmlary act and deed, for the uses anti purposes Iherein menlioned. GIVEN under my hand and official seal this /o ~ day of ~ 197% ~ ' , ~oiAOTRRF gz Notary Public i%and for the State of Washington, ~ ~e~ s ~ residing at: [~~ , ~_ ~ PUBLt My appoint,nent expires: F- / F- 9 V * crrv OF BREMERTON APP~AS TO FORM: ~ IAN R/SIEVERS, City Attorney ~ Cl~, ~ HIm.~C ~ & U'r'n'.rrigS OUTSIDE U'FILI'I'II~ AGREEMENT -3- (INDIVIDUAL) STATE OF WASHINGTON ) : SS. COUNTY OF KITSAP ) On this day persoaally appeared before ~v~l~-, Bremertoa Cily Mayor, and Kathleen L. McCluskey, Bremerton City Clerk, of the City of Bremerton, tile municipal corporation described in and that executed the withiu and foregoing instrumeat, and acknowledged said inslrument t0 be the free and voluntary act and deed of said corporafioa, for the uses and purposes therein mentioned, and on oath stat~ that they were andmrized 1o execute said instrument on behalf of said coq~oration. GIVEN under my hand and official s~l this ~ day of ~ 19~. , · ,..' ~x,~r = , :*,'~ . Notary l't~li~id%r tile S[~e of Washinglon, : ~ ~- ~ ". residing al: ~X~ h ~C ~ - My appointmeut expires: ~-/~ OUTSIDE UTILITIES AGREEMENT -4- (INDIVIDUAL) EXHIBIT SECTION 08, TOWNSHIP 24 N., RANGE 1 E. ; WILLAMETTE MERIDIAN TAX ASSESSOR'S NUMBER 082401-2-107-2007 LEGAL DESCRIPTION (PAR A OF SHORT PLAT NO 415 REED UIk~)ER AUD NO 1!1~.~60) PAR(1) TM F'TN OF' SW1/a ~.WI/4 NWl/4 LYE OF PEP. M NWY NO ~ AND S AND ~ O~ WILDCAT CREEk: MORE PART DAP COM AT SW CO~ Of SD BW1/4 SW1/a NWl/4 TH ~GG*~,,9'52E SW!/4 SWlX~ NWl/4 IH NS*O~'45E AL8 E LN THO~ 5gO.OO~T TO TPOB TH N88*5~52W PLW S LN O~ 201.88~T TH S75-48~50W 50.44~T TH Si7* 07'~,>~ 44.25~T TH S75.15'4~W 55.~8~T TH N77*J~lSW ~5.25~T ~ E MGN O~ NORTH LAK~ WAY (P~M HWY NO ~) TH N8*45~OOE AL8 SD ~ MGN 4~.O~T M/L ~ CT~LN OF WILDCAT C~ TH NELY AL8 CT~LN 0~ SO WILDCAT C~ 425.0~W M/L TO E LN O~ SD SW1/~ SW1/4 NW1/~ TH S5.0~45W ALG E'LN THO~ 127.0~T M/L TO T~OB SW1/4 NWl/4 LYE O~ PERM HWY NO BEING MO~E PA~T DA~ COM AT SW CO~ 0~ SD SWI/4 SW1/4 NWI/~ T~ S88.59'52~ ~50.8~T T~O ~E COR 0~ SD ~W1/4 SW1/4 NWl/4 TH N~*Oa~4~E ALG E LN THO~ ~0. 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