HomeMy WebLinkAbout95 NE VENA AVENUE 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
WItEREAS 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
loc~led at 95 I~. ~ Av~.lE
, Kitsap County, Washin~,~lS~l.,t_o_n..{h.e_rgjn._~l~erc0oNi ¥ '~Property'),
legally described as: Sill. O0 CHC~(
FILED-BY: BRERERTON CITY OF
fi06 2~, t~5, 3:34 l~!
$'~ ~:xul~rr "A" A_~ KAREN FLYNN, AUDITOR
CLERK: HEINEMAN
and (he City of Bremerton (hereinafter "City"), in consideration of the mutual covenants
set (br(h herein including the £umishing of utilities services by the City of Bremerton, do
hereby prom)so and agree as foUows:
1. Services ?rovided. City of Bmmerton shal! 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 Dep~rtment.
~. Rates aod CharBe_s. Owner shall pay when due all connection char§es,
assessments, and rates established £o~ city utilities services by City ordinance for the Owner's
use[ class.
3. _l!s_.e.. Development of the property described above shal! comply with the uses
and development standards of C~ty of BFeme~ton comprehensive )and u~e plan adopt~
pursuant to R~ 35.13.1??and m~y ~dop~ed subdivision and st~t s~nd~ds oF the ~ity
EEL 0872 ER 279~
4. !Jfi_~jmpmvements.
~'~ S~VICE ~ A SI~.K F~Y R~
O ] I SIDE UTIL[TI ~ES AGREEMENT
(INDIVIDUAL)
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. ~., F. #: 9508220307
EL 0872 FR 2792
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.
OW, :
STATE OF WASHINGTON )
: SS.
COUNTY OF KITSAP )
On this day, before me, the undersigned, a Notary Public in and for the State of
Washington, personally appeared -~--.~.~.~ ~, .~Y..<...4...~ .Z,..~.....z.a~,,.-.,~,. to me known
to be the m&wdual(s) described in and who executed the within and foregoing instrument,
and acknowledged that he/she/they signed the same as his/her/their free and voluntary act
OUTSIDE UTILITIES AGREEMENT -2- (INDIVIDUAL)
Utiliiy2.Agt - Agreement Fonn~ - Revised 3113195
and deed, for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this e.~x~-~day of
~-k.~/~;~°;~'}~'~_~}', N-'~-~rf Public in amil for the~ State of Washington,
I~ '0/' ~,&B\~.,~ CITY OF BREMERTON
LY~N HORTON, Mayor
DE~~ROVAL:
W. ~UG~E ~AM~irector of Public Works & Utilities
FORM:
f~2~~ ;emerton City Attorney
STATE OF WASHINGTON
COU~Y OF KITSAP
On this day personally app~red before me Lynn Horton, Bremerton City Mayor, the
~nunicipal co~oration described in and that executed the within and foregoing instrument,
and ac~owl~g~ said instrument to be the free and volun~ act ~d d~ of said
corporation, for the uses and pu~ses therein mentioned, and on oath smt~ that they were
authoriz~ to execute said instrument on behalf of said co~orationt
GIVEN under my hand and official seal this ~ day of
:~:*:'}~:"~*0°' ~5, ~'~' Notary P~lic~nd~or the Sm~ of Washington,
OUTSIDE UTILITI~ AGREEMENT
(INDIVIDUAL)
A PORTION OF SECTION 35, TOWNSHIP 25 N., RANGE 1 E. ; WILLAMETTE
MERIDIAN
TAX ASSESSOR'S NUMBER 352501-3-074-2000
LEGAL DESCRIPTION
THE WEST % OF THE EAST % OF THE FOLLOWING DESCIBED TRACT:
THE WEST ~ OF THE SOUTH ½ OF THE NORTHWEST ~ OF THE SOUTHWEST ~;
EXCEPT THE NORTH 30 FEET FOR ROAD; EXCEPT THE COUTY ROAD ALONG THE
WEST SIDE THEREOF; SITUATE IN KITSAP COUNTY, WASHINGTON.