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HomeMy WebLinkAbout4100 BLOCK OF PETERSVILLE ROAD OUTSIDE UTILITIF~ AGREEMENT WIIEREAS 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 WttEREAS the undersigned, as owner of a parcel outside the City of Bremerton, has made application for city utilities; NOW,TIIEREFORE, the undersigned owner (hereinafter "Owner")of real property located at 4100 BLOCK OF PETRI~gVI'I'.I.'~ R0~ , Kit~p County, Washington, (hereina~er 'Property'), legally describ~ as: SEE ~IBIT *A" ATTAC~D REEL 073& FR 20?0 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 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. Rates and Charges. 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. Use. Develop~nent of the property described above shall comply with the uses and development standards of City of Bremerton cmnprehensive land use plan adopted pursuant to RCW 35.13.177and any adopted subdivision and street standards of the City of Bremerton. OUTSIDE UTILITIES AGREEMENT -I- (INDIVIDUAL) 4. Utility Improvements. S~IER SERVICE TO A SINGLE FANILY RESIDENCE 5. Annexation. Owner, by signing below, grants to tile 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 tile City indebtedness by the area to be annexed. The petition shall require the concurrent adoption of land uses designated itl any urban fringe comprehensive plan approved for the annexation ar~ pursuant to RCW 35.13. 177, or if none bas 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 se~ices 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. DATED: ~l~% ~_ JOPPa a~ OUTSIDE UTIHTI~ AGREEMENT -2- (1RDIVIDUAM Ulility. Agt - Revised 8118192 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 Joseph H. ~aoods S Sharon Woods , to me known to 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. GIVEN under my hand and official seal this 9~ =~- day of .-v .... , 19 93. ., .'/' "..t~ NotarfPublic inWand for the State of Washington, .... . ..... ~ :o :,.., residing at: Port Orchard, WA . '. ~q ::~. z- My i pi August 15, 1994 ~ appo ntment ex res: DATED: ~ ~l~{~ S BY: LOUIS MENTOR, Mayor KATHLEEN McCLUSKEY A.. F., ~: '~3L-ll/[~.O.%.2_OO.t~.6 City Clerk REEL 0736 ER 2092 APPROVED AS TO FORM: DEPARTMENT~LA PPROVAL: IAN R. SIEVERS, City Attorney OUTSIDE UTILITIES AGREEMENT -3- (INDIVIDUAL) STATE OF WASHINGTON ) : SS. COUbF]TY OF KITSAP ) On th{s day personally appeared before {ne Louis Mentor, Bre{ne~ton City Mayor, and Kaflflcen L. ~cC{uskey, Brewer{on C}{y Clerk, of the CRy of Bre~erton, {he ~un~c{p~{ co.ration descfib~ {n and {h~{ executed {lie ~{fifin ~nd foreuo{ng {nstru~en{, and ackno~l~g~ s~d {ns{rument {o be {he free and volun~ry act ~nd d~ of sa{d co~orsfion, for {he uses and pu~oses {here~n ~enfion~, and on oath s~t~ that {hey ~ere ~u{hor{zed {o execute sa{d {nstrumen{ on beha}f of sa~d co~orafion. GIVEN under my hand and official s~l this /~4 day of ~9 ~g. __ ' ~/ ~via,~F ~,3~ ~otary Pu~c in and for the S{ate of Washin~{on, t-~ '<o <~ ~y appo,ntment expires: / REEL 0736 FR 2093 OUTSIDE UTILITIES AGREEMENT -4- (INDIVIDUAL) Ulili~y. Ag! - Revised $115/92 LOT B, SHORT PLAT 4258, RECORDED UNDER AUDITOR NUMBER 86061600?5 THE W~ST 145 FEET OF THE EAST 435 FEET OF THE FOLLOWING DESCRIBED PA~CEL~ THE SOUTH 1 ACRE OF THE NORTH 2 ACRES OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF T~LE NORTHWEST QUARTER OF SECTION i TOWNSHIP 24 N., RANGE i E. ~ W.M., IN KITSAP COUNTY, WASHINGTON~ EXCEPT THE WEST 30 FEET AND EXISTING ROAD AS CONVEYED TO KITSAP COUNTY BY DEED HECORDED UNDER AUDITOR'S FILE NUMBER 348650. EXCEPT THE EAST 30 FEET AS PER UNRECORDED DEED TO KITSAP COUNTY FOR OLYMPUS DRIVE. SUBJECT TO EASEMENT OVE~, UNDER AND ACROSS THE SOUTH 20 FEET, AS SHOWN. TOGETHE~ WITH EASEMENT OVER, UNDER AND ACROSS THE SOUTH 20 FEET OF LOT A, AS SHOWN. REEL ~ ........ · ~1:~,~0:.~- _~