HomeMy WebLinkAbout405 NW HERITAGE LANE 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
WltEREAS 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,TItEREFORE, the undersigned owner (hereinafter "Owner")of real property
located at 4iO:~ a/ual ~a;~c'7'x~.K_~.
, Kitsap County, Washington, (hereinafter 'Property'),
legally described as: XIISAP C0UNI¥
$1O. OD CHCI{
FILED-BY: CITY OF BREMERTON
,'~ ~7',~¢WLF--J> KAREN FLYNN, AUDITOR
CLEM: BEVANS
and the City of Bremerton (hereinafter "City"), in consideration of the mutual covenants
set forth herein including 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 se~ices consistent with
service ar~s defined by the City comprehensive utility pl3~ns as amended, and te~ms
condkions of a current Letter of ^vallability from the Bremerton UtfliUes Department.
2. Rates and Char~es. Owner shall pay when due ail connection char~es,
a~sessments, and rates established for city utilities services by City ordinance £or 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
pursuantof Bremerton.t° RCW 35.13.177and any adopted subdivision and street standards of the City
4. Utility Improvements.
A. F. O: 9512120203
OUTSIDE UTILITIES AGREEMENT -1- REEL
(INDIVIDUAL)
[)tillty2.A~t - Agreement Forms - Revised 3113195
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):
D^ D: ,:/,.,/,.,-
(Spout)
STATE OF WASHINGTON )
: ss. ~= F= 11'- 951.21.211203
COUNTY OF KITSAP ) ~ ~ FR [1598
On this day, before me, the undersigned, a Notary Public in and for the State of
Washington, personally appeared Kenneth D. Gri££Sn , to me known
to be the individual(fO described in and who executed the within and foregoing instrument,
and acknowledged that he/~t~/tta~ signed the same as his/~'ff~ free and voluntary act
OUTSIDE UTILITIES AGREEMENT -2- (INDIVIDUAL)
and deed,' for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this lZth day of
19 95.
~%.~,~o,t~r./~.~ Not,~-y Public i{l and for the State of Washington,
.~.~;~_ ~,._~ residing at: Port Orchard, WA
~ 14OTAIq¥ ~,~. My appointment expires: Auau.~e
~7'~' "'°'°' ~c~'~ CITY OF BREMERTON
LYNN HORTON, Mayor
DEP~ROVAL:
W. EUGEN~ S~ector of Public Works & Utilities
/XPP ,ov r f FOP, M:
IAN R. SIEVERS, Bremerton City Attorney
STATE OF WASHINGTON
SS.
COUNTY OF KITSAP
On tiffs day personally appeared before me Lynn Horton, Bremerton City Mayor, 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
c.orporafion, 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 ~q_dTd~ day of
(..:~ O:" ff;tO?~t/r~.= ~-::'~'~:I~otary l~ufiic/~.an~t for the S~te of Washington,
Ii EL FR 0599
OUTSIDE UTILITIES AGREEMENT -3-
(INDIVIDUAL)