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HomeMy WebLinkAbout2417 GREENHAVEN PL NW OUTSIDE UTILITIES AGREEMENT WItEREAS 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 primffary obligation to its citizens to allocate limited service resources for adequate growth and development within the City; and WtlEREAS 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 2417 Greenhaven Place NW, Bremerton, WA 98312 (LOT 1 of Plat of Greenhaven) , Kitsap County, Washington, (hereinafter "Property'), legally described as: ATTACHMENT "A" and the City of Bremerton (hereiuafter "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 cousistent with service areas defined by the City comprehensive utility plans as amended, antl terms and conditions of a current Letter of Availability from the Bremerton Utililies Department. 2. Rates and Char~e_s. Owner shall pay when dime all connecliou charges, assessments, and rates established for city utilities services 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 comprehensive land use plan adopted pursuant to RCW 35.13.177and any adopted subdivision and street s~ndards of the City of Bremerton. ,-.~ 73~:' ~? JNTv OUTSIDE 'UTILITI~ AGREEME~ -I- ,.~ ~. (INDIVIDUAL) ;;L ~ ~': ~ 05AN Utility. Agl - Revised 8118192 4. Utility lmprovemen!s. WATER SERVICE TO A SINGLE FAHILY RESIDENCE 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. Enforcenent. 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 filrther agrees that this Agreement and Ihe promise made herein constitute a covenant running with the land and shall be binding npon lhe tmdersigned 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 lransfer 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): C~LES A. CL~ OUTSIDE UTILITI~ AGREEMENT -2- ~-~.~ ~-:.~. ~ ~.~'~ ' -.~ ,. ...... ~l~-~ .... ~'- -"~ ~, ~ ~..~ .... "~. (INDIVIDUAL) UIilily.Agt - Revi~d STATE OF WASHINGTON ) : SS. COUNTY OF KITSAP ) On this day, before me, the undersigned, a Notary Public in and' f°r the Stale of Washington, personally appeared .~'r'/',w ,ow.. ~' ~'~,4e~s ~. ~'/~'a~e'dT~, 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 and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this ~ day of My appointment expires: - ClT~ OF BRE,MERTON~ LOUIS MENTOR, Mayor APPROVED AS TO FORM: DEPARTM~EN~L APPROVAL: 1AN 1~. SILVERS, City Attorney OUTSIDE UTILITIES AGREEMENT -3- (INDIVIDUAL) UliJily. Agl - Rev|ned II/mil/92 STATE OF WASHINGTON ) : SS. COUNTY OF KITSAP ) On this day personally appeared before me Louis Mentor, Breme~ton City Mayor, and Kathleen L. McCluskey, Bremerton City Clerk, of the City of Bremirton, 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~_fl_. GIVEN under my hand and official seal this /~/4day of D'~ , ~:? BOiler ~,-:~..'~ Notary Public in and for the State of Washington, ~ i /¢ { ~ ~ residing at: ,~e-m~-~ z~ '~ PUBL!~ /~.~ My appointment expires: .- /a/r/Pti' REEL. 0736 OUTSIDE UTILITIES AGREEMENT -4- (INDIVIDUAL) Ufillty,Agl - Revised ~/18/92 ATTACHMENT "A" A. F. Il:: ~20BO200~Z~ REEL 07~3& FR Lot 1 of Plat of Greenhaven per Volume 25 of Plats, pages 241 and 242, of Kitsap County records, Washington. AND ALSO that portion of the Southwest quarter of the Northeast quarter of Section 8, Township 24 North, Range 1 East, W.M., Washington, described as follows: Commencing at the Southeast corner of Lot 1 of Plat of Greenhaven per Volume 25 of Plats, pages 241 and 242, of Kitsap County records, Washington; thence along the South line of said Lot 1, North 88o39'52'' West 84.84 feet to the Southwesterly corner of said lot and the true point of beginning; thence along the Southwesterly line of said lot North 37o02'55" West 87.00 feet; thence South 31o36'15'' West 34.64 feet; thence South 37o02'55'' East 48.83 feet to point that bears North 88o39'52'' West from the true point of beginning; thence South 88o39'52'' East 41.16 feet to the true point of beginning. RIDGEWAY CIRCLE