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HomeMy WebLinkAbout1710 CORBET DR NW OUT$11)E UTILITIES AGREEMENT WIIEREAS the Brcmcrlon Municipal Code requires properly outside lira city boumlaries lo support annexation lo the City of Bremerton as a condilion for receiving Cily ulililies (BMC 15.02.040 and 15.03.040); and WIIEREAS the Cily of Bremerton has a primary obligation to its citizens Io allocale limiled service resources for adequale growlh and development wilbin the Cily; and WIIEREAS the undersigned, as owner ora parcel outside Ihe Cily of Bremerlon, has made applicalion for city utililies; NOW,TliEREFORE, the undersigned owner (here,inafler "Owner")of real property localed at . [ 7/0 ~-~-,~ ~7" ~7'~11/2~. , Kilsap County, Washington, (hereinafter 'l'roperty'), legally described as: ancl Ihe City of Bremerton (hereinafter "Cily"), in consideration of the mulnal covenants set forlh herein including the fl~rnishing of utilities services by Ihe Cily of Bremerlon, do hmeby promise and agree as follows: 1. Services Provided. City of Bremerton shall provide ulilily services consislent wilh service areas defined by ll~e City comprehensive utility plans as amended, and lerms and condilions of a current ~lter of Availabilily from the Bremerlon Utililies Deparlmenl. 2. gale~ and Gharg~. Owner shall pay when due all connection charges, assessments, and rates established for city ulililies services by Cily ordinance for the Ow.er's user class. 3. U~6. Development of the pro~rty described above shall comply with Ihe uses and development slandards of City of Bremerton comprehensive land use plan adopled pursuant Io RCW 35.13.177and any adopted subdivision and street slandards of U~e Cily of Bremerton. J~ 21, t~, OUTSIDE UTILITIES AGREEMENT -1- ~3REN FLYNN~ (iNDIWDUAg) ~ERK~ GILMORE REEl D72/~ 5. AnncxaliQm Owner, by signing below, grants to tile Cily of Bremerton a Limiled Power of Attorney to include lids Agreement as Owner's consent lo the annexation o1' Ibc Property as part of any Notice of Inlent or Petition for Annexalion presented to the City of Bremerton. The annexation petition s,pporled by Ihis Power may inchlde prop. tfional ass.topi, ion of tile City indebledness by Ibe area to be annexed. The petition shall reqnire the concnrrent adopdon of land uses designated in any urban fringe comprehe.sive plan approved for lbe annexation area pars,ant 1o RCW 35.13.177, or if none has been adopled, the land rises for annexed property as set forth in I. he Bremedon Zoning Code as amended. This Power of Altorney is nonrevocable. 6. _E. nforcemenl. Violation of Ibis Agreement may resnl[ in [he immediale lermination of nfilities services to the above-described property as well ns olher remedies provided by law. 7. Covena. I~. The undersigned further agrees that this Agreement anti the promise made herein constilnte a covenant running with Ihe land and shall be binding .pon Ihe m~dcrsigned and bis heirs, snccessors, and assigns, and thai Ihis Agreement shall be filed for record in Ibe office of lhe Kitsap County Anditor. Owner agrees Ihal any sa'le or transfer of Ihe above-described property will be condilioned on exccnlion and filing of a dnplicale copy of this outside .tili/y agreement by the pnrchaser or transferee. OWNER(S): REEL 0728 Ft:t 262~ OUTSIDE UTILITI~ AOREEMENT (INDIVIDUAL) STATE OF WASIlINGTON ) : $$. COUNTY OF KITSAP ) On this (lay, before me, Ihe undersigned, a Nolary Public in and for Ihe Slate of Washinglon, personally apl)eared Mary T,_ -a~-k~n.~ , lo me knowtt Io be thc individual(s) described in and wire execulcd the witbln and foregoing innlrmnenl, and acknowlcdg~l Ihat be/sh~they sign~ lira same as his~cdtheir free ami vohmlary act and d~d, for Ihe us~ and pu~ses therein menlioned. GIVEN under my hand and official seal lifts ~o~h day of ~ag 19 oz , = :,9 N~ARy [~: - ~y I'ublic in and for thc Slate of Washington, ~ ~%~o,. ~./.0 ~ My appoinlmenl expires: 6-9-96 LOUIS ME~'OR, Mayor KATIILEEN McCL~US Ey Cily Clerk OUTSIDE UTILITIES AGREEMENT -3- (INDIVIDUAl.) S'rA'rE OF WASHINGTON ) SS. COUNTY OF K1TSAP ) On Ihis day personally appeared before me Louis Mentor, Bremerton City Mayor, and Kathleen L. McCluskey, Bremerion City Clerk, of the City of Bremerlon, the municipal corporation described in and that executed the wilhin and foregoing instrument, aud acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioqed, and on oath statexl that they were authorized to execute said instrument on behalf of said corporation. GIVEN nnder my hand and official seal this,_.p~,f/~ day of (~ 19~.. ' Nota~i'~q3nd for We St~te of Washmglon, My appointment expires: L"'~'z~r_,.q~' / /~'?~":' ~1~' F. #: 93062101~5 EEL 072& FR 2a=6 ou'rsn)E UTILITIES AGREEMENT -4- (INDIVIDUAl.) Ulilily. Agl - Revised 8/11/~2 Exhibit "A" A portion of Lot 3, Phinney 2 1/2 Acre Tracts, as per plat recorded in Volume 5 of Plats, Page 1, records of Kitsap County, described as follows: Beginning at the Southwest corner thereof; Thence North along the East boundary of Corbet Drive, 65 feet; Thence Easterly 150 feet; Thence South 65 feet to the South boundary of Lot 3; Thence West 150 feet to the Point of Beginning; Situate in Kitsap County, Washington