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HomeMy WebLinkAbout3759 RIDGEWAY CIRCLE NW 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")ofreal property located at 3759 ~ Cl~rt~ I~ , Kitsap County, Washington, (hereinafter ']>roperty'), KITSAP legally described as: $tl,00 CliCK FLY~, flUOITOR CLERK: 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: l. 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. A. F. $: ~ 1 OUTSIDE UTILITIES AGREEMENT -1- REEL 0~6 FR 2~.~0 (INDIVIDUAL) Ulility2,Ag~ - Agreemem Forms - Revised 8/18/92 4. Utility Improvements. 5. Annexation. Owner, by signing below, grants to the City ofBremcrton 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. OWNE~N~ .,~...~_ ): \\ A.F. #; 951.20&*O35h OUTSIDE UTILITIES AGREEMENT -2- (INDIVIDUAL) STATE OF WASHINGTON ) ' SS. COUNTY OF KITSAP ) On this day, before me, theAmdersigned, a Ngtary Public JO a~n.d for the State of Washington, personally appeared ,~t~w,.~ ~ '~ /c~4~_/ ~ ~ , to me known to be the individual(s) described in and who executed/t/n~' within and foaregoing 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 ~,~ day of ~: -' '. ' ..... : My appointnS~nt expires: /),4~ CITY OF BREMERTON L3~{~N HORTON, Mayor DE RT T APPROVAL: W. E irector of Public Works & Utilities IAN R. SIEVERS, Bremerton City Attorney ~ O~ STATE O~ WASHINGTON ) : SS. COUNTY OF KiTSAP ) On this day personally appealed 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 volunta~ act and deed of said OUTSIDE UTILITI~ AGP, EEMEI'qT <I DIWDU^L) UlilRy2.Agt ~ Agr~¢men! Porm~ - Rcvi~d 3/13/9~ corporation, for the uses and purpo~s therein mentioned, and on oath stated that they were authorized to execute said instrument on behalf of said corporation. GIVE~.~,O~'~der my hand and official seal this ,.~0~(~ day of~, 19q. ff. -'"'-', ..... -O- ......... .[..4,2.~ Fv~'' ; · ' ,. ~c,c~t., _,-~x ~t o: ~O0'l',~t:y ~, :,~ Notary Pu~lic..kk aJ~d for the Statcdof Washington, :: o ~' ~'*'" '~,. :' ~. := residing at: {~")'dd/~/A'"J.t'r~ ) -~ . ; '~. 0.. My appointment expires: ,~5--/,5'- ~ff 9,\ ,, KATItLEEN L.M¢CLUSKEY, CITY CLERK A. F. #: EEL 1:]~13~6 ER 24~3 OUTSIDE UTILITIES AGREEMENT (INDIVIDUAL) UtiliD'l.Agl - A~r~emenl Focm~ - Rcvl~d 3113/95 A PORTION OF SECTION 8, TOWNSHIP 24 N., RA/~GE 1 E. ; WILLAMETTE MERIDIAN TAX ASSESSOR'S NUMBER 082401-4-063-2005 LEGAL DESCRIPTION PTN NWl/4 SEi/4 CNVYD BY AUD NO 1103307 DAF. 8AAp ~SJFT W OF NE COR OF SUB TH S2-42'10W 512FT TH N88*59'52W 571.~0FT TO TPOB 'TH S89-~9'52E Ii1.50FT TH N~. 4~ ~,=E 116.79FT MiL TO SLY MGN OF RIDGEWY CIR TH WLY ALG SD MGN TAP WH IS N2*46'52E FR TPOB TH SZ*4~'52W TO TPOB ' :~ ,: . .... i~ I~ ~ ~ F % ~ "'PLACE' .... ~-' L~'.--...~. - ......... I~. - .,, ~ 0 ~o