HomeMy WebLinkAbout8001 NELS NELSON RD NW 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
WIIEREAS 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
WIIEREAS tbe undersigned, as owner ufa parcel outside the City of Bremerton, bas
made application for city utilities;
NOW,TIIEREFORE, the undersigned owner (hereinafter "Owner")of real properly
located at 8001 1~-~ l~.'~q ~n '
., Kitsap County, Washington, (hereinafter "Property"),
legally described as:
s~ ~r~ "a" at'~.,~ $1t. oDKITSAP COUNTY CHCK
FILED-BY: BRE~ERTON CITY OF
J~ t6, t~3, 9:52
and the City of Bremerton (hereinafter "City"), in consideration of the mutual covenants
set forth herein including tile 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, ami terms 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 eslablisbed for city utilities services by City ordinance for the Owner's
user class.
3. Use. Development of the property described above shall comply with the uses
aud development standards of City of Bremerlon comprehensive land use plan adopled
pursuant to RCW 35.13.177and any adopted subdivision and street standards of tile City
of Bremerton.
KAREN FLYNN, AUDITOR
f..~.~: CI41PiJ~ '
OUTSIDE UTILITIES AGREEMENT -1-
(COI~, PORATE/PA RTNERS H I P)
4. Utility hnprovements.
5. Annexation. Owner, by signing below, grants to the City ofBremerton 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,
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 this Agreement may result in the immediate
terminatiou of utilities services to the above-described property as well as other remedies
provided by law.
7. CoveuamS. The undersigned further agrees that this Agreement and the promise
made herein constitute a covenant running with the land and shall be binding upnn the
undersigned and his heirs, successors, and assigns, and that this Agreement shall be filed for
record in tbe office of the Kitsap County Auditor. Owner agrees that any sale or transfer
of the above-described property will be conditioned on execution and filiug of a duplicate
copy of this outside utility agreement by the purchaser or transferee.
OWNER:
DATED:~~~
BY:
OUTSIDE UTILITI~ AGREEMENT (CORPORATE/PARTNERSHIP)
STATE OF WASHINGTON )
: SS.
COUNTY OF KITSAP )
On this day persoually appeared before me .. Randy Br±qqs, sole propriFt4or
, Of Randy Briggs Construction
corporation/partnership described in and that executed the within and foregoing inslrument,
and acknowledged said instrument to be the free and voluntary act and deed of said
corporation/partnership, for the uses and purposes therein mentio.led[ and on oath s~ated
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 26th day of April
1993. ,
lXlotarif Public in ~d for the State of Washington,
residing al: Port Orchard
My appointment expires: August 15, 1994
CITY OF BREMERTON
DA'I'ED: '~ \ ~.~\q x~ B Y .'~~.~
LOUIS MENTOR, Mayor
City Clerk
APPROVED AS TO FORM: DEPARTMENTA~ROVAL:
IA~fi. SIEVERS, City Attorney
OUTSIDE UTILITIES AGREEMENT -3-
(COR PORATEJPA RTNERSI{IP)
Ulilh¥.Al~l - Revised g/lll~)2
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 widfin and foregoing in~rument, and
acknowledged said instrument to be the free and voluntary act and deed of said corporalion,
for the uses and purposes therein mentioned, and on oath stated that they were authorized
to execute said instrument on behalf of said corporation.
my hand and official seal this //,5~'~ay of ,/r,~,~ ,
GIVEN
under
' 19~5
$~?l~O'lAfi'¥~ I Notary Public in and for the State of Washington,
BL My appointment expires: /O
A. F. #: 93136t6019~
REEL 0725 FR 2318
OUTSIDE UTILITIES AGREEMENT -4-
(CORPORATE/PARTNERSHIP)
Udllty. Al~l - Revised 11118192
E.%'HIBIT "A"
ORDER NO.: 32016838
LOT B OF SHORT PLAT NO. 6112 RECORDED OCTOBER 29, 1992 UNDER
AUDITOR'S FILE NOS. 9210290088 AND 9210290089, BEING A PORTION
OF THE SOUTHWEST QUARTER, SECTION 22, TOWNSHIP 25 NORTH, PJ%NGE
EAST, W.M., IN KITSAP cOUNTY, WASHINGTON.
FIEEEL 072-5 ER