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HomeMy WebLinkAbout1517 CORBET DRIVE 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 15.03.04-0); 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 ora parcel outside the City of Bremerton, has made application for city utilities; NOW,THEREFORE, the undersigned owner (hereinafter "Owner")of real property located at 1517 Corbet Dr±ve , Kitsap County, Wash~lg~ ~afier "Property!'), legally described as: ~tl. OO FILED-BY: BREIIERTON CITY OF see Exhibit "A" attached )(AREN FLYNN, AUDITOR CLERE: MILLER and the City of Bremerton (hereinafter "City"), in consideration of the mutual covenants set forth herein including the furnishing of utilities services bvthe CRv of Bremerton. do A. F. hereby promise and agree, as follows: Rk-'l~'m 1. Services 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 comprehensive land use plan adopted pursuant to RCW 35.13.177and any adopted subdivision and street standards of the City of Bremerton. OUTSIDE UTILITIES AGREEMENT -1- (INDIVIDUAL) Utilily2.Agl - Agreemem Forms - Revised 8118192 4. Utility Improvements. Water and sewer service to a single family residence 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 the annexation of the Property as part of any Notice of Intent or Petition for Annexation presented to the City of Bremerton. 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): M. V. E. Baird Me1 and Marie Baird 1517 Corbet Drive ~p-~j~_~ ~ ~ Bremerton, Wa. 98312 Marie Baird (Sp0tme) OUTSIDE UTILITIES AGREEMENT -2- (INDIVIDUAL) STATE OF WASHINGTON SS. COUNTY OF KITSAP On this day, before ~ne, the undersigned, a Notary Public in and fbr tile State of Washington, personally appeared Melv±n and ~ar:i.e Baird ., to me known to be the individual(s) described in and who executed tile within and foregoing instrument, and acknowledged that .I~./~'~!gthey signed II~e same as,lg~/their free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this 8th day of Januar,~ , 19 95. ~L'~,~.~.a~."' Notar~Public in~and for the State of Washington, '~'"~~'a~ residing at: Port Orchard, WA My appointment expires: ~,,7,,~ lq. 1998 % ~?.;-1~.~.~; CITY OF BREMERTON DATED: hX~kq ( BY: M- LYNN HORTON, Mayor K,~x~h'LEEN McCLUS-KEY,(~ity Clerk lAN R. SIE"VERS, City Attorney OUTSIDE UTILITIES AGREEMENT -3- (INDIVIDUAL) Ulillw2,Agt - Agreemenl 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 municipaJ. 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 co~oration. GIVEN under my hand and official seal this ~v day of ' o;"~,~'~,,~e~ '~ ~- "V'k~~ Notary P~lic~ gnd f~ t~e Sta~e 8 Washington, g ' ; residing at: (~Uk~C :~ My appointment expires: ~., ~- . .... ~ ~50 ER 1650 OUTSIDE UTILITIES AGREEMENT -4- (INDIVIDUAL) UIili~y2.Agl - Agreemen~ F~rrns - Revised 8/1~/92 A PORTION OF SECTION 15, TOWNSHIP 24 N., RANGE 1E. ; WILLAMETTE MERIDIAN TAX ASSESSOR'S NUMBER 152401-1-201-2(~F.~:~22~4~ LEGAL DESCRIPTION The east 170 feet of the south half of the north half of the south half of the Southwest Quarter of the Northwest Quarter of the Northeast Quarter; Section 15, Township 24 North, Range 1 East; Wilamette Meridian; except for Corbet Drive.