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HomeMy WebLinkAbout720 NE MARRIC CT 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 WHEREAS 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, has made application for city utilities; NOW, TIIEREFORE, the undersigned owner (hereinafter "Owner")of real property located at 720 NE MARRIC COURT, BREMERTON, WA 983].0 , Kitsap County, Washington, (hereinafter "Property"}, legally described as: LOT 11, PHEASANT RUN, ACCORDING TO PLAT RECORDED TN VOLUME 27 OF PLATS, PAGES 67 THROUGH 69, INCLUSIVE, RECORDS OF KITSAP COUNTY, WASHINGTON. and tim City of Bremertou (hereinafter "City"), iu consideration of the mutnal 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 consistent with service areas defined by the City comprehensive utility plans as amended, and lerms and conditions of a current Letter of Availability from the Bremerton Utilities Department. 2. ~. Owner shall pay whea due all connection charges, asscssme,ts, and rates established for city utilities settees by City ordinance for the Owner's user class. 3. USe. Developmeat of the property described above shall comply with tim uses and development standards of City of Bremerton comprehensive land use plan adopted pursuant to RCW 35.13.177and any adopt~ subdivision and street sMndards of the City of Bremerton. $~0, O0k[~TSAP COUNTY ~LED-BY, BREMERTON CITY OF J~ 28, 1~3, 9:24 OUTSIDE UTILITi~ AGREEME~ -1- ~(4REN FLYNN~ (INDIVIDUAL) ~ER REEL 8728 F~ 4. U.tility !mprovemcn!~. REEL.. 5. ~. Owner, by signing below, grants to the City ofBremerlon 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 Ihe Ciiy of Bremerton. The annexation petition supported by this Power may include proportional assnmption of the City indebtedness by the area to be annexed. The petition shall reqnire 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 nonrevoeable. 6. Enforcement. Violation of this Agreement may result in tile immediate termination of utilities services to the above-described property as well as other remedies provided by law. 7. ~. Tile nndersigned further agrees that this ^greement and tile 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 Agreenlent shall be filed for record in the office of the Kitsap County Auditor. Owner agrees that any sale or transfer of tile above-described property will be conditioned on execution and filing of a dnplicate copy of this outside utility agreement by the purchaser or transferee. /O NER(S): DATED:. 6/2/93 CHARLES R. PETERS_-.-~-± \\ OUTSIDE UTILITIES AGREEMENT -2- (INDIVIDUAL) Ulilily,Ag! . Revi~ed 8/IRI92 STATE OF WASHINGTON ) : COUNTY OF KITSAP ) On this day, before me, the undersigned, a Notary Public in and' 'for the Slate of Washington, personally appeared CHARLES R. P.~h,.e;~, II3~ 6, ~IFER L.**. . , [O nle Ifnown to be tile 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 fre~ and voluntary act aud deed, for the uses and purposes therein mentioned. · GIVEN under my hand and official seal this 2ND JUNE 19 9~ . day of Notary Public in and for the State of WashingloJ~,... , residing at: BREMERTON ,~"--i a--.-' ",,, · . . d' ~..,'~ m m M,$ My appointment exp{res: 12/1/96 g .- '%L; CITY OF BREMERTON % . .... sst DATED: .y= LOUIS ~ENTOR, Mayor ,ATFEST: ~ATHLEEN McCLU~EY City Clerk ~,. F. #: EEL 0728 FR · APPROVE~ AS TO FORM: DEPARTME~ APPROVAL: IAN R. SIEVERS, City Attorney ' ~/~ OUTSIDE UTILITIES AGREEMENT -3- (INDIVIDUAL) Ufilily. Ag{ ~ Revined R/IRI92 $'rAT~ lop WA$111NGTON ) COUNTY' el~ KITSAP ) On this (lay perso.nlly npp~r~ before me l.~uls Mentor~ ~reme~ton C[ly Mnyor~ corpornllo~ d~ctlb~ I. a.d that execut~ the wlthlu n~d fore~ol.g Inslrumeat~ nad nck~towle(lS~ said Jnslt~,m~[it I~) be vhe free and vohmlnry act and d~ ors~ld corporatlo.~ ~or lite uses arid j)tlrj)os~ IIletcJft iltelitJou~ alld Gu oath s~t~ that they were authorized lo execu{e said I.slrunteut'o. behalf of said COrl~Ornlion. GIVEN tutder my Itatld avid official a~l this /7~day of ~ ~ .. EEL I]728 FI~ OUTSIDE U'I'ILITII~ AORBBMBNT -4- (INDIVIDUAL)