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HomeMy WebLinkAbout3822 PETERSVILLE ROAD 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 WtIEREAS the City of Bremerton has a pritnary obligation to its citizens to allocate limited service resources for adequate growth and development within the City; and WllEREAS 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 3822 PETERSVILLE ROAD , Kitsap County, Washington, (hereinafter "Property"), legally described as: $11.ffiKIT~ COUNTY CHCK SEE ~x~[z~z~ "A" FILED,-SY: 8~ESERTON ~TY OF CLL~'- 1.0C~N 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 Brcmerton, do hereby promise and a§ree as follows: 1. Services Provided. City of Bremerton shah provide utility services consistent with ~crvice areas defined by the City comprehensive ntility plans as amended, and terms and conditions of a current Letter of Availability from the Bremerton Utilities Dep~rtment. 2. Rates and Charges. Owner shall pay when due all connection charges, assessments, and rates eslablished 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 pnrsuant to RCW 35.13.177and any adopted subdivision and street standards of the City of grcmerton. A. F. 4S: OUTSIDE UTILITIES AGREEMENT -1- ~ 070'1. FR (INDIVIDUAL) 4. Utility Imorovements. WASTE~ATER SERVICE TO A SINGLE FAHILY RESIDENCE ON PETERSVILLE ROAD, BR]~4ERTON, NA. 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. Enforcement. Violation of this Agreement may result in Ihe immediate termination of utilities services to the above-described property as well as other remedies provided by law. 7. Covenants. The undersigned further agrees that this Agreement and lhe 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 tbis Agreement shall be filet[ for record in the office of the Kitsap County Auditor. Owner agrees that any sale or transfer of the above-described property will be conditioned on execution and filing of a duplicate copy of this outside ntility agreement by the purchaser or transferee. OWNER(S): (INDIVIDUAL) STATE OF WASHINGTON ) : SS. COUNTY OF KITSAP ) On this day, before me, the undersigned, a Notary Public in and' ~f°r the State of Washington, personally appeared David M. and Lanie Lamb ., 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 free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my band and official seal this 15th day of ,January 19 93. " Noiarl~ Public ~{-and for the State of Washington, residing at: port Orchard~ WA My appointment expires: -August 15, 1994 CITY OF BREMERTON DATED: ~__.~.~\~'~ By:~/~,..~...~, __, ~~ LOUIS MENTOR, Mayor KATHLEEN ~EY A. F. I: ~! 71I!6/3 City Clerk ~ ~]1'7~$. I~"R 088~3, APPROVED AS TO FORM: DEPAI~TMENTAL APPROVAL: lAN R SIEVERS, City Attorney Utilities Director OUTSIDE UTILITIES AGREEMENT -3- (INDIVIDUAL) STATE OF WASHINGTON ) : SS. COUNTY OF KITSAP ) On this day personally appeared before me Louis Mentor, Bremen'ton 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 ~aid in,tmment 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. 196/3. GIVEN under my hand and official seal this '~FdO day of ~~/ , ~o,~;~ ~01,:~?~, ~. ~, P4 Notary Public in md for the State of Washington, ~'a ~., :,/,~'0 O LIG~ ,~?.,~ ,~,; My appointment exp, res: · ]. c6 ..-©a '~.:' ~,; ~, OUTSIDE UTILITIES AGREEMENT -4- (INDIVIDUAL) Ufilily.Agl - Revised 811g/92 EXHIBIT ~A" SECTION 1, TOWNSHIP 24 N., RANGE 1 E.; W.M. That portion of the Southeast quarter of the Southeast q~arter of the Northwest quarter conveyed by Auditor's No. 1029371 defined as follows; Beginning at a point 264 feet south of the Northwest corner of said subdivision; thence south 132 feet, thence east 180 feet; thence north 132 feet; thence west 180 feet to point of beginning. except the west 30 feet for road and except the north half