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HomeMy WebLinkAbout3774 RIDGEWAY CIRCLE OUTSIDE UTILITIFES AGREEh'IENT WIIEREAS the Brenrertou Municipal Code requires property outside the city bo~ ,daries to support affnexation '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 limiled se~ice resources for adequate growth and development within the City; aud ~IIEREAS the undersigned, as owner of a parcel outside the City of Bremerton, has made applicatim~ fo~ city utilities; NOW:TIfEI~EF.~)I~E, the unde's[gued owuer (hereinafter "Owner")ol'real property ~ocaled at ~7~4 ~ CIR~ Kitsap County, Washington, (hereinafter '?roperty'), cgaH) described as: KIT P FILE Y: CITY BR RTON S~ F~IHBIT "A" AT~Ol~ ITOR CLE : ami the City of Bm'emerlon (hereiuafter "City"), in consideration oF the mutual covenants set fi:)mtb )le[eh~ h)cluding (be FnFuishh)g oF uliHlies seFvices by the City of BFemerlon, do hereby promise ami agree as Follows: I. Servicg~ Provided. Cily o[ Bremerlon shall provide utility se~ices consistent with service areas defined by [be City comprehensive utility plans as. amended, and terms and condi o ]s or a current Letler o[ Availability from Ihe Bremerton Utilities Department. ~.~J. a ~L_ C3~. Owner shall pay when due all connectio~ charges, assessm(mts, and rates established [or city utilities se~ices by City ordinance for Ihe Owner's 3. J, Jj~. Develolm~ent o[ the property described above shall comply with tim uses and dcvelopmenl shmdards of City of B~emertm~ comprehensive land use plan adopted puISUall( [o ]~CW 35.13.177nml any adopted snbdivision and street standards or the City EEL ER 2677 J~ILIIIES AGI~EEMENT -I- (COI~PORATE/PA Rq NERS[IIP) 4. Utility..Improvements. 5. ~nnexation. Owner, by signing ~low, grits to ~e City ofBreme~on a Limit~ Power of Attorney to include this Agreement as Owner's consent to the ~nexafion of ~e Pro~ny as pan of ~y Notice of Intent or Petition for Annexation present~ to the City of Brem~on. The ~nexation petition sup~ned by this Power may include propo~ionfl assumption of the City indebt~ness by the ~ to be annexed. The ~fifion shill r~uire the concu=ent adoption of l~d uses designat~ in ay urb~ fringe comprehensive pl~ approv~ for the ~nexation ~ pursuant to RCW 35.13.177, or if none has b~n adoptS, · e l~d uses for ~nexed property as set forth in the Bremenon Zoning C~e as amendS. This Power of Attorney is nonrevocable. 6. ~. Violation of this Agr~ment may result in the immolate termination of utilities semites to the above-desefib~ prope~ as well ~ other remMies provid~ by law. 7. Cove. The undersigned further agrees that this Agreement ~d the promise made herein constitute a covenat running with the lad ~d shEl be binding u~n the undersign~ and his heirs, successors, ~d assigns, ~d that this Agr~ment shEl be fil~ for r~ord in the office of the Kitsap County Auditor. Owner agrees that ~y sfle or ~sfer of the above-described pro,ny will be condi~oned on execu~on ~d filing of a dupli~te copy of this outside utility agreement by the purch~er or tr~sfer~. ~: ~A.~ OUTSIDE U~LI~ AGREEME~ -2- (CO~PORA~PART~RSHIP) ~' ~- $ ~ ~ ~ STATE OF WASHINGTON) :SS Count3 of .Kitsap ) ON ll-{IS DAY personally appeared before me Richard A. Brown "to me known to be the -fndividual(s} described in and who executed the witl~in and foregoing Declaration and acknowledged that he signed the same as his -- f'ree and voluntary act. GIVEN under my hand and official seal this 19th day of October , 19 95 . - NOTAI%~'zPUBLIC in ~nd ~ the -St.t~ ~F Washington, residing ~'~Port Orchard 'My Commission Expires ~--7-~ A. F. #: EEL O~ FR 2479 STATI3 OF WASIIING'J.~N ) On this day personally, al~ared before me ., and x of , the coff~o~ationXpadnership described md Ihat [oregoJng instrument, a.d acknowledged said instrument be the volunlary act ~d de~ of s~d coq~omtionXpartnership, [or Ihe uses Ihereh~ mentionS, and on oath stat~ that heXsheXthey wasXwere aulhorized said instrument on beh~f of said COrl~m adOnXlmrtuership. ~IVLN under my hand ant al this 1 9th day of October , Nolaty Public in the Slate of Washington, residing at: Port Washington My appointment expires CITY OF BREMEI(FON _ 1'~: . L(~N IIORTON, gayor KATIIt.EEN McCLUSKEY, City Clerk W. I!.U(IE, N~MI'I'zE--Y'~, Director of Public Works & UIilities A ~' VEl) 1'O FOP, M: ~~emedon City Attorney \\ OIJTSIDI~ UTILITIIX$ AGREEMENT (CORI~'OP, ATIi~dPA IJ'.TN EF',S I iff') STATE OF WASHINGTON ) : SS. COUNTY OF KITSAP ) Oa this day personally appeared before me Lynn tlorton, Bremerton City Mayor, and Kalhleen I.. McCluskey,. Bremerlon City Clerk, of Ihe City of Bremerlon,' the municipal co~poration described in and that exectHed the wilhin and foregoing instrument, and acknowledged said instrumenl to be the free and voluntary act and deed of said corporation, for the uses and pu~oses therein mentioned, and on oath stated that they were authorized to execute said instrnment on behalf of said corporation. GIVEN under my hand and official seal this~O~day of~~ o~ ~ ---..-~'' :~ :~ Notary P~&ic~a,& f~tl~tate o~Washington, ~, ~:-~c . residing at: ~~1~ ) -' '. ." '- My appointment expires: ~-/fi- ~ A. F. #: 93'!..2060359 EEL O(I41.6 FR 26.8:1. OUTSIDI:. UTILITIES AGV, EEMENT -'l- (C. Ol~l~O RATE/I"A RTN EI>,S I Il p) A PORTION OF SECTION 8, .TOWNSHIP 24 N., RANGE 1 E. ; WILLAMETTE MERIDIAN TAX ASSESSOR'S NUMBER 082401-4-013-20~~,__~..~59 LEGAL DESCRIPTION PFN NWl/4 SE1/4 CNVYD BY AUD NO llt)~9~.~ ENCIRCLED BY TH R/W AKA RIDGEWY CIR AS CNVYD BY VOL 730/556 LYE OF FDL, BAT TPOB OF SD R/W TH S88-59'52E 81.29FT TH ALG ARC OF CRV TO R HAVG A RAD OF 314.41FT & C/A OF ~1-~6'40, 87.68FT TO TPOB OF SD LN TH NIO*E TO X OF CTRLN OF RIDGEWY CIR BEING TERM OF SD Lhl EXC CO RD o I~EEEL D~[%~%6 FR 24, )2