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HomeMy WebLinkAbout5091 NW TAYLOR RD OUTSIDE UTILITIES 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 pritnary obligation to its citizens to allocate limited service resources for adequate growth aud development within the City; and WHEREAS the undersigned, as owner ora parcel outside the City of Bremerton, has made application for city utilities; NOW, TI1EREFORE, the undersigned owner (hereinafter "Owner")of real property located at ,O'"'O~/'/ AZ. tz/. '~",4 9'd~o~. , Kitsap Couuty, Washington, (hereinafter '~'roperty"), legally described as: and the City of Bremerton (hereinafter "City"), in~m~der~n set forth herein including the furnishing of ntilities 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 ervice areas defined by the City comprehensive utility plaus as amended, and terms and onditions of a current Letter of Availability from the Bremerton Utilities Department. 2. Rates and Char£es. Owner shall pay wheu due all connection charges, assessments, and rates established for city utilities services by City ordinance for the Owner's user class. 3. U~e. Development of the property described above shall comply with the uses and development standards of City of Bremerton comprehensive land use plan adopted pursnant to RCW 35.13.177and any adopted subdivision and street standards of the City of Bremerton. OUTSIDE UTILITIES AGREEMENT -t- (INDIVIDUAL) .... Ulilily. Agt - Revised $/18192 4. Utility Improvements. I/d~'r'ff.e.. ,,~.~.VtC-.ff. 7"0 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. 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. OWNER(S): DATED: .~l 5E~ 9~ _ _ OUTSIDE UTILITIES AGREEMENT -2- (INDIVIDUAL) Ufilhy. Agl - Rcvi~ed $11g/92 STATE OF WASHINGTON ) : SS. COUNTY OF KITSAP ) On this day, before me, the undersigned, a Notary Public in and' for the State of Washington, personally appeared Bavbara L. Dav~s & Lann¥ L. Davis , to ,ne known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this 21st day of September , 19 93. Notary~Public in~Tand for the State of Washington, residing at: Pnr.~- n~,~h~,~, My appointment expires: ~uau~ CITY OF BREMERTON . Mayor ATTEST: KATHLEEN Mc USKEY '..~_.~ ~:.[. ~r ~ .' . .'~ , .~, ~-::= ¢ City Clerk lAN SIEVERS, City Attorney \\ \\ OUTSIDE UTILITIES AGREEMENT -3- (INDIVIDUAL) Utilily. Agt - Revised 8/11ll92 STATE OF WASHINGTON ) : SS. coumv <tTSAP On this day personally appeared before me l,m~-Mmm'~, Bremerton City Mayor, and Kathleen L. McCluskey, Bremerton City Clerk, of the City of Bremerton, the municipal corporation described in and that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument on behalf of said corporation. 19~t.~' GIVEN under my hand and official seal this day of ~'~ff"~7 ' · ~--:~ lt01A£r-~.,~...-~.,,$ Notary Public in and for the State of Washington, ~ ~ :' ,% .c.-., residing at: ,/~,,g.~*/.,~e.~4-~/,./ .,o~: e..__G : ~. My appointment expires: /d'.,/9~,/~/ OUTSIDE UTILITIES AGREEMENT -4- (INDIVIDUAL) Utillty.Agt - Revised $/15/92 EXHIBIT "A" PROPERTY DESCRIPTION SEC 07 TWP 24 RGE 1E THE NORTH 200 FEET OF THE WEST 130 FEET OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, SECTION 7, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON. A. 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