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HomeMy WebLinkAbout6907 HOLLAND 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 WltEREAS 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 the undersigned, as owner of a parcel outside the City of Bremerton, bas made application for city utilities; NOW,TIIEREFORE, the undersigned owner (hereinafter "Owner")of real property located at , Kitsap County, Washingtou, (hereinafler 'l'roperty'), legally described as: 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 Bremerloa, do hereby promise and agree as follows: 1. ~[~:y~. City of Bremerton shall provide utility services consistent with service areas defined by the City colnprehensive utility plans as amended, and terms and conditions of a current Letter of Availability from tbe Bremerton Utilities Department. 2. nl~dgJ~~, Owner shall pay wben due all connection charges, assessments, and rates established 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 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. OUTSIDE UTILITIES AGREEMENT -1- (CORPORATE/PARTNERSHIP) Ulilily. Altt- Revised 8118192 4. Uili lm roy ment. 5. Annexatiom 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 proporlional 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 Bremertoi~ Zoning Code as amended. This Power of Attorney is nonrevocable. 6. Enforcement. Violation of this Agreement may result in the immediate termination of ntilities services to tile above-described property as well as olher 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 lhe 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: OLITSIDE UTILITIES AGREEMENT -2- - (CORPORATE/PARTNERSHIP) STATE OF WASHINGTON ) : SS. COUNTY OF KITSAP ) On this day personally appeared before me Stand£ord D. Grice , and N/A , of The Brothers Construction , the xt~partnership 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 ca~ion/partnership, for the uses and purposes therein mentioned, and on oath staled that h~ was/.,u~a~c authorized to execute said instrument on behalf of said :¢grq~lffifion/par t n er ship. GIVEN under my hand and official seal this $2et day of ~tug-ust x, ..... ~,' ' ~' Notar~ Public in'nd for the State of Washington, ~_ ~. ~ ~. ·: ~ residing at: Port Orchard, WA 98366 .... : ,% c ' .. : My appointment expires: .... ,~m~. CITY OF BREMERTON / Mayor ATFEST: KATHLEEN McC}LUSKEY City Clerk A PpRq~y.~. AS TO FORM: DEPA~oV AL: IANR. SIEVERS, CityAttomey i.l~., ' / . ' OUTSIDE UTILITIES AGREEMENT -3~ (CORPORATE/PARTNERSHIP) Ulilily. Allt - R~vi~ed 8/18/92 STATE OF WASHINGTON ) ~ SS. COUNTY OF KITSAP ) On this day personally appeared before me-I~m6s-Men~, 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 /~-t day of / ~' ~: : ~ a Notary Public in,land for the State of Washington, .~ .,, ..-04-~.' ~,,~ My appointment expires: A.F.#: ~402220097 REEL 0785 FR 2352 OUTSIDE UTILITIES AGREEMENT -4- (CORPORATE/PARTNERSHIP) UIiIJl)'.Agl - Revised 8/1~192 , E~HIBIT "Am Rerick's Manford 5 Acre Tract Lot C Short Plat No. 6009 as recorded in Volume 8, Page 198 of Plats, Auditor File No. 9211030258/0259. Being a portion of Tract 7, Manford Rerick's 5 Acre Garden Tract, according to Plat recorded in Volume 3 of Plats, Page 106, in Kitsap County, Washington. ...~_~.~ - ~,~,_,..~.,t ~ . .... I-I :; · ... ..