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HomeMy WebLinkAbout203 NE 31ST ST OUTSIDE UTILITIES AGREEMENT WIIEREAS the Bremerton Municipal Code requires property 'outside tile 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 WItEREAS the City of Bremerton has a printary obligation to its citizens to allocate limited service resources for adequate growth and development within the City; and WHEREAS the undersigned, as owner ufa parcel outside the City of Bremerton, has made application for city utilities; NOW, TIlEREFORE, the undersigned owner (hereinafter "Owner")of real property , Kitsap County, Washington, (hereinafter 'T'roperty"), legally described as: $~.~.0r~IT~AP~. COUNT¥ CHCK FILED-BY: BREMERTON CITY OF KAREN FLYNN., AUDITOR CLERK: CHIPP$ and the City of Bremerton (hereinafter "City"), in consideration of tile mutual covenants set forth herein including the furnishing of utilities services by tile City of Bremerton, do hereby promise and agree as follows: 1. Services Provided. City of Bremerton shall provide utility services cousistent with service areas defined by tile City comprehensive utility plaus as amended, and tenus and conditions of a current Letter of Availability from tile Bremerton Utilities Department. 2. Rates and Char£es. Owner shall pay when due all connection charges, assessments, and rates established for city utilities services by City ordinance for tile Owner's tiger class. 3. Use. Development of the property described above shall comply with the uses and development standards of City of Bremerton comprehensive land use plan adopted pursuant to RCW 35.13.177and any adopted subdivision and street standards of the City of Bremerton. REEL 0819 FR 2115 OUTSIDE UTILITIES AGREEMENT -I- (INDIVIDUAL) 4. Utility hnprovements. 5. Annexation. Owner, by signing below, granls Io the City of Bremerton a Limited Power of Attorney to include tiffs Agreement as Owner's consent to the annexalion of the Property as part of any Notice of lalenl or Petilion for Am~exafion prese~led lo Ihe City of Bremerton. The mmexation petilion supported by this l'ower may include proportional assumption of ~l~e Cily indebtedness by the area to be am~exed. The pefitio, shall require lhe concurrent adoption of land uses designaled i~ a~y urban fringe comprehe,sive plan approved for the annexalion area pursuant ~o RCW 35.13. 177, or ifno~e has been adopled, the land uses for am~exed properly as set forth in lhe Ih'emerlo~ Zoning Code as amended. This Power of Altorney is nomevocable. 6. Enforcement. Violation of Ihis Agreeme~lt may result in the immediate termination of ulilities services to the above-described properly as well as other remedies provided by law. 7. Covenants. The tmdersigned hlrther agrees II~at this Agreemenl ami Ihe promise made herein constitute a covenant running with ll~c land a,d shall be hireling upon Ihe tmdersig~ed a~d his heirs, s0ccessors, and assigns, and that this Agreement shall be filed for record i~ the office of the Kitsap Cotmty Atmdilor. Ow,er agrees Ihat a~y sale or transfer of the above-described property will be conditioned o~ execution and filing of a duplicale copy of this outside utilily agreement by II~e purchaser or tra,sferee. OWNER(S): ' ~Y A.~THORESON LILLI~ C~C~ BR~ERTON, ~A. 98~10 LILLI~ C~C~ STATE OF WASHINGTON ) : 55. COUNTY OF KH'SAP ) On this day, before me, the undersigued, ~ Nolary Puhlic,,~,n and' for the Slale of Washin§ton, personally appeared ~:~ ;~ ~ ~~~" IO me known to be the i~d'vidual(s) descr'bed in a;'d~h~exec~l~[ the ~ithin am~'~egomg mslrumenl, and ac~owledged that he/she/they sigaed the same as his/her/tlmir free and volunlary act and de~, for the uses and purposes therein menlioued. GIVEN under my haud and official seal Ihis ~ 5" '.; '- Notary Public in ~~ of Washi,lgton, : ....~,~.;. ~. residing at: My appoiut,nc,,t expires: CITY Of BREMEI~TON ~ ~ No~o~ Mayor A'h~FEST: KAl ItLEE~ McCLHS~Y City Clerk OUTSIDE UTILH'IES AGREEMENT -3- (INDIVIDUAL) STATE OF WASHINGTON SS. COUNTY OF KITSAP On this day personally appeared before me Lynn Horton, 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. GIVEN under my hand and official seal this ~ day of -" *' %'' Notary PuN r th~e'~State of~ashington, ;~:' ~ Oc." My appointment expires: ,_4--/~o OUTSIDE UTILITIES AGREEMENT -4- (INDIVIDUAL) Ufilily2,Agt - Agreement Forms - Revi~ed 8118192 E X H I B I T "A" TAX ASSESSOR'S NUMBER 112401-2-119-2008 SECTION 11, TOWNSHIP 24 N., RANGE 1 E. ; WILLAMETTE MERIDIAN LEGAL DESCRIPTION LOT A SHORT PLAT NO. ~5~I5 AS RECORDED IN VOLUME I0 PAG~ OF SHC~RT P~.ATS, AUDITnR'S FILE NOS. 9402iI0149/01~0. BEING A PORTION OF GOVERNMENT LOT 1 IN THE NORTHWEST QUARTER OF THE NORTHNE~T QUARTER, SECTION 11, TOWNSHIP 24 NORTH~ RANGE ~AST. N.H. ~ KITSAP COUNTY, NASHINSTON. TQGETHE~ WITH EASEMENTS A~ DEPICTED ON THE ~HORT PLAT. ~_~ J U ~ ~ AA rTgD ' UNP~ A ~rgD I 5 88'00'ZI'~ ~ ~ ~ ! ~ ~.~' I .. ....... - ~ ¢~oz ~J ~ so~ 30' .....~ ~.~.~., ~i ~ - ' i / .1 ' ~ ... , I ,' ~,.,o.,o.,/iTM m~=,o~=o,=, ;~o.,' =. ~, (,.,.,0. =,,,o,~,) ~1 '1.