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Home My WebLink About2544 NE STONE WAY (2) OUTSIDE UTILITIES AGREEMENT , WIIEREAS the Bremerton Municipal Code requires property outside Ihe 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 ' WtIEREAS the City of Bremerton has a primary obligation to its citizens to allocate lilnited service resources for adequate growth and development wilhin the City; and WIIEREAS the undersigned, as owner of a parcel outside the City of Bremerton, has made application for city ulilities; NOW,TIIEREFORE, die undersigned owner (hereinafter "Owner")of real property located at ,~...5"~ ~'7'~A/~" IA/~ ~ , Kitsap County, Washington, (hereinafter "Properly"), legally described as: KI~',~AP COUNT¥ $11. O0 c;HC FILED-~_,Y: BREMERT~4 CITY OF FLYN ITOR CLE : CHIM , 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 terms and conditions of a current Letter of Availability frmn the Bremerton Utilities Departmem. 2. Rae and hat e. Owner shall pay when due all connection charges, assessments, and rates established for city utilities services by City ordinance for the Owner's riser class. 3. Use. Development of the property described above shall comply with Ihe uses and development standards of City of Brelnerton cmnprehensive land tim plan adopled pursuant to RCW 35.13.177and any adopted subdivision and street slandards of the City of Bremerton.' A. F. I: 9; El lO. d3Ot6 OUTSIDE UTILITIES AGREEMENT -1- ~EEL {~7'1~ I~!~ 22~.2 (CORPORATE/PARTNERSHIP) Ufilil¥.Agl - Revi~:d 8118/92 4. Utility I,nprovement:~. 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 tile Property as part of any Notice of Intent or Petition for Annexation presented to tile City of Bremerton. The annexation petition supported by this Power may inclnde proportional assumption of the City indebtedness by tile a~ea to be annexed. The petition shall reqnire , the concurrent adoption of land uses designated in any urban fringe comprehensive plan approved for tile annexation area pursuant to RCW 35.13.177, or if none has been adopted, Ihe 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 lhis Agreement may result in tile immediate termination of utilities services to the above-described property as well as other relhedies provided by law. 7. Covenants. The undersigned further agrees that this Agreement and Ihe promise made herein constitute a covenant running with the land and shall be binding upon Ihe uudersigned 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 Iransfer of the above-described property will be conditioned on execution and filing of a dnplicale copy of this outside utility agreement by the purchaser or transferee. OWNER: q t z- 95 DATED: Jo A~ Voo~ BY: REEL 07t5 FR 22I~ OUYSID~ U?ILI?I~S AGRariaN? (CORPORAY~PA~?N~RSHIP) STATE OF WASHINGTON ) : SS. COUNTY OF KITSAP ) On this day personally appeared before me a,,~,~ voo~ , and . N./A , Of Trenton Avenue Grocer~; , (he corporation/partnership described in and Ihat executed lhe within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation/partnership, for U]e uses and purposes therein mentioned, and on oalh S~aled that he/she/they was/were authorized to execute said instrument on behalf of said corporation/partnership. GIVEN under my hand and official seal this ~_:th day of Apr±Z 19 9~. ' Notary/Public iu a~d- tbr the Slate of Washi~,-g[o,,, residing at: Port Orchard My appointment expires: August 15, 1994 IT7 BREMERTON LO U IS" ~'~"~ NTO-~, Mayor KAT~ILEEN McCLUSKEY REEL 0715 FR 22~ Ciiy Clerk APPI~ A~TO FORM: DEPARTMEN'F~ APPROVAL: OUTSIDE UTILITIES AGREEMENT -3- (CORPORATFJPARTNERSIilP) Ulilhy. Agt . R~vlsed 8118192 STATE OF WASHINGTON ) ~ SS. COUNTY OF KITSAP ) On this day personally appeared before me Louis Mentor, Bremerton City Mayor, and Kathleen L. McCluskey, Bremerton City Clerk, of the City of Bremerton, 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 corporation, tbr 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 '~ ay of t /-- -- .c E.. ~,:,' ~"<-;<?.' ~' ~r~:,, ,,d" ~' '. :~ ' Notary Public in aud for the State of Washington, E ~ ,~ ~ ,,, residin8 at: , ·. , ~ ~ My appointment expires: A.F.#: 9305040016 REEL 07~5 ER 22~5 OUTSIDE UTILITIES AGREEMENT -4- (CORPORATE/PARTNERSHIP) EXHIBIT "A" The south go feet of Tracts g and 10, Card's Acre Tracts, according to plat ,' recorded in volume 4 of Plats, page 3g,. in Kitsap CouoCy, Washington; EXCEPT from said portion of said Tract g, the ~outh 5 feet thereof and tile west 125 feet thereof; EXCEPT from said portion uf said Tract 10, tile south 5 feet thereof; AND EXCEPT the east 30 feet thereof for Frenton Avenue.