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HomeMy WebLinkAbout736 NE MARRIC COURT OUTSIDE UTILITIES AGREEMENT WIIEREAS the Bremerton Municipal Code requires property 'Outside the City boundaries to snpport 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 WIIEREAS the undersigned, as owner of a parcel outside the City'of Bremerton, has made application for city utilities; ' . .~ rs,,. ,.-,.. ,,,.. ~ ...... property NOW, TIIEREFORE, Ihe ~ nders~gned owner (h..r..ma .... ,,r',,,,,.o,.,,~..r ~,., located at 736 NE lVlgZtRIC COURT, BP, II~ffilR'iI~, ~ 98310 , Kitsap County, Washington, (hereinafter 'Property"), legally described as: IDT 9 PHEASANT RUN, ACCORDING TO PLAT RECORDSD IN VOLU~E 27 OF PLATS, PAGES 67 THNDUGH 69, INCLUSIVE, RECOiqDS OF KITSAP (/]UNTY, WASH~. 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. ~3~. City of Bremerton shall provide utility services consistent with service areas defined by the City comprehensive utility plans as amended, and lerms and conditions of a current Letter of Availability from the Bremerton Utilities' Department. 2. ~. Owner shall pay when due all connection charges, assessments, and rates established for city utilities se~ices by City ordinance for the Owner's user class. 3. U~. Development of the pro~rty d~cribed above shall comply with the and development standards of City of Bremerton comprehensive land use plan adopted pursuant to RCW 35.13.177and any adopt~ subdivision and street s~ndards of the City of Bremerton. ~TS~P ~&~N ~ Y $~0.00 ,- c~' OUTSIDE UTILITI~ AGREEME~ -1- ~:AREN ~!YNN, '(INDIVIDUAL) ' (':LERK~ H!LLER Utillty,All - Revised :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 tile annexation of the Property as part of any Notice of Intent or Petition for Annexation presenled to Ihe City of The annexation petition supported by this Power may include proportional assvmption of the City indebtedness by tile area to be annexed. The petition shall require thc concurrent adoptiou of land uses designated in any urban fringe comprehensive plan approved for the annexation area pursuant to RCW 3:5.13.177, or if none has been adopted, tile land uses for annexed property as set forth in the Bre,nerton Zoning Code as amended. This Power of Attorney is nonrevocable. 6. Enforcement. Violation of this Agreement may result in the immediale termination of utilities services to the above-described property as well as other remedies provided by law. 7. Covenants. Tile undersigned further agrees that Ibis 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 s;(le or transfer of the aboveZdescribed property will be conditioned on execution and filing of a dupllcale copy of this outside utility agreement by the purchaser or transferee. OWNER(S): DATED:. 7/20/93 ., Ic~,r,y H. GR~ OUTSIDE UTILITIES AGREEMENT -2- (INDIVIDUAL) UIility. A~I - Revised 81111192 STATE OF WASHINGTON : SS. COUNTY OF KITSAP ) On this day, before me, the undersigned, a Notary Public in and"~or the Stale of Washington, personally appeared Icn-.r.y H. OREI~ AND ~ A. ~ , to me known ID be the individual(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 and deed, for the uses and purposes therein mentioned. 19 93 'GIVEN under my hand and official seal this. 20a'~-I day of My appointment expires: , 12/1/~6 /~.~.~'~ -~'.. DATED: ' LOUIS MENTOR, Mayor ATTEST: ' A.F. #: 93121400~ ~ ~ ~. REEL 0769 FI~ KATHLEEN McCLUSKEY City Clerk ~vAS TO.FORM: DEPARTM~~ROVAL: ERS, C~ty Attorney EDDY ~, PUBLIC I~ORKS DIRECTOR OUTSIDE UTILITIES AGREEMENT -3- (INDIVIDUAL) Ofllily. Aff! - Revlned ~111~/92 STATE OF WASHINGTON ) ~ SS. COUNTY OF KITSAP ) On this day personally appeared before me Louis Mentor, Breme~ton City Mayor, and Kathleen L. McCInskey, Bremerton City Clerk, of the City of Bremerton, the mtmicipal 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 fl~o. day of ~':~? tlOl~l~".~ '~, Notify Public in and for the State of Washington, ~: "' ~::~ ~ residing at: ~.~.. POB[~g J~ ~ My appointment expires: - . OUTSIDE UTILITIES AGREEMENT -4- (INDIVIDUAL)