HomeMy WebLinkAbout100 BLOCK OF NW 64TH ST 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 tho 1fill Rlt~lr ant: ~;Ia' 6a_th Street
, Kitsap County, Washington, (hereinafter 'Property'),
legally described as: KI'TSAP COUNIY
$1 t. DD CHCK
FILED-BY: BRBqFR10N CiTY 0F
:s~ ~mT~'tT "A" ~ PAR t&~ t995~ 2:t~ ~
KAREN FLYI~h AUDITOR
CLERk: BEVANS
and the City of Bremerton (hereinafter "City"), in consideration of the mutual covenants
set forth herein inch, ding the furnishing of utilities services by the City of Bremerton, do
hereby promise and agree as follows:
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 ~ current Letter of Availability from the lJFemerton 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. U~¢. 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- A.g. :Il:: 9~503~.40~1.8~
(INDIVIDUAL) REEL 0852 FR 2623
Utilily2.Agl - Agreemenl Forms - Revised 8/18/92
REEL 0852 FR 2624
4. Utility Improvements.
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 lntent 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):
OUTSIDE UTILITIES AGREEMENT -2- (INDIVIDUAL)
Utilily2.Agl - Agreement Forms - Revised 8/18/92
STATE OF WASHINGTON
SS.
COUNTY OF KITSAP
On this day, before me, the undersigned., a Notary Public in and for the State of
Washington,
to be the individual(s) described ~n and whc~/~xecuted the withir~ and "foregoing instrument,
and acknowledged that he/she/they signed the same as his/her/their free and voluntary act
and deed, for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this /z//d~'~---day
.... resi
,: .v - My appointment expires:
CITY OF BREMERTON
O ON, Mayor
EST:
KATH~LEEN McCLUSKEY~ Clerk I~EEL 0852 FR 2625
lAN R. SIEVERS, City Attorney .~. ~ ~I[,~.~ol,. ic Works & Utilities
~nterim Director
OUTSIDE UTILITIES AGREEMENT -3-
(INDIVIDUAL)
Utility2.Agt - Agreemem Forms - Revised 8/18/92
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 this ~ day of ~/~/~.fl ,
ges.
· ~,~q,~r ~,,. ~. ~-, Notary l~b and ~or the StYe of Washington,
0852 FR 2828
OUTSIDE UTILITIES AGREEMENT -4-
(INDIVIDUAL)
Ulilily2.Agt - Agreement Forms - Reviaed 8118192
RE-EL 0852 F:R 2627
EXHIBIT "A"
SECTION 27, TOWNSHIP 25 N., RANGE 1 E. ; WILLAMETTE MERIDIAN
TAX ASSESSOR'S NUMBER 4450-000-016-0108
LEGAL DESCRIPTION
The east 337 feet of Tract 16, Manford Rericks 5 Acre Garden
Tracts, conveyed by Auditor's No. 1099319
except the east 30 feet per Auditor's No. 701433
and
except the south 30 feet per Auditor's No. 1099483, Short Plat
No. 198 recorded 5/7/75 per Auditor's No. 1099194
Nw 57.