HomeMy WebLinkAbout4121 1ST ST OUTSIDE UTILITIES AGREEMENT
WIlEREAS the Bre~nerton Municipal Code requires property 'outside tile city
boundaries to support annexation to the City of Bre~nerton 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; aud
WHEREAS the undersigned, as owner ufa parcel outside the City of Bremerton, has
made application for city utilities;
NOW,TIIEREFORE, the undersigned owner (hereinafter "Owuer") of real property
located at ,~_tg/,~ / / ~'r _~ 77.
, Kitsap County, Washington, (hereinafter 'Property"),
legally described as: $11.00KtTSAP COUNTY
CliCK
FILED-BY: BREIIERTON C!TY OF
FEB 23~ t994~ 9:48 AM
~: ~¢~4/~r ~" ~-r~/~'~> KAREN FLY~ AUDITOR
CLERK: FREEI~N
and the City of Bremerton (hereinafter "City"), in consideration of the ulntual 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 tile City comprehensive utility plans as amended, and terms and
conditions of a current Letter of Availability frown the Bremerton Utilities Department.
2. Rates and Charges. Owner shall pay when due all connection charges,
assessments, and rates established for city ntilities services by City ordinance for the Owner's
user class.
3. Use. Develop~nent of the property described above shall comply with the uses
and developinent standards of City of Bremerton comprehensive land use plan adopled
pursuant to RCW 35.13.177and any adopted subdivision and street standards of the City
of Bremertou. A. F'. #: 94.02230095
EEL 0785 FIR' 2339
OUT$1DE UTILITI~ ^GREEMENT -I- (INDIVIDUAL)
Ufilily. Agt - Revised 8/18/92
4. Utility Improvements.
5. Annexation. Owner, by nighing below, grants to the City of Bremerton a Limited
Power of Attorney to include this Agreement as Owner's consent to the annexation of tile
Property as part of any Notice of Intent or Petition for Annexation presented to tile City of
Bremerton.
The annexation petition supported by this Power may include proportional
assnmption of the City indebtedness by tile area to be annexed. The petition shall reqnire
the concurrent adoption of land uses designated in auy urban fringe compreheusive plan
approved for the annexation area pursuant to RCW 35.13.177, or if none has been adopted,
the land uses for annexed property as set forth iii the Bremerton Zoning Code as amended.
This Power of Attorney is nonrevocable.
6. Enforcement. Violatiou of this Agreement may result in tile immediate
termination of utilities services to tile above-described property as well as other remedies
provided by law.---------- ----- .. ~-~..---- ~L,_~r :~:~,~7~1[]1~1l~..A
7. Covenants. The undersigned further agrees that this Agreement and the promise
made herein constitnte a covenaut running with the land aud shall be binding upon the
undersigned and his heirs, successors, and assigns, and that this Agreement shall be filed for
record in tile office of the Kitsap County Auditor. Owner agrees that any sale or transfer
or the above-described property will be conditioned ou execution and filing of a duplicate
copy of this outside utility agreement by the pnrchaser or transferee.
OWNER(S):
($pot )
OUTSIDE UTILITIES AGREEMENT -2- (INDIVIDUAL)
Ul/lily. Ag~ - Revised 811~/92
STATE OF WASHINGTON )
2 SS.
COUNTY OF KITSAP )
On this day, before me, the undersigned, a Notary Public in and' for the State of
Washington, personally appeared Arthuz and Leonora Pete1, , 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 vohmtary act
and deed, for the uses and purposes therein menlioned.
GIVEN under my hand and official seal this 9th day of Novmeber ,
19 93.
... ,~ ~."". Nora Public ~l and for tile State of Washington,
.. ~' residing at: Port Orchard, WA
,,,~,,' CITY OF BREMERTON
. Mayor
A~EST:
KATH LEEN McCLU~t]~Y
City Clerk
APPROV~E~D AS TO FORM: DEPARTI~NTAxL APPROVAL:
lAN R. SIEVERS, City Attorney
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OUTSIDE UTILITIES AGREEMENT -3-
(INDIVIDUAL)
U61ity,Agt - Revised 8/Ig/92
STATE OF WASHINGTON )
SS.
COUNTY OF KITSAP )
Ly~
On this day personally appeared before me l,,,ou4s--M~me~ Bremen'ton City Mayor,
and Kathleen L. McCluskey, Bremerton City Clerk, of the City of Bremerton, the municipal
corporation describ~ in and that executed the within and foregoing instrument, and
acknowl~ged ~id instrument to be the fr~ and vohmtary act and deed of said corporation,
for the uses and purposes therein mentioned, and on oath stat~ that they were authorized
1o execute said instrument on behalf of said co~orafion.
19~. GIVEN under my hand and official s~l this ~Aday of ~~ ,
~ :~ ~ ~.~ ,~ Notary Public in and for the State of Washington,
~: , ~ , ~ residing
My appointment expires:
OUTSIDE UTILITIES AGREEMENT -4-
(INDIVIDUAL)
Utility. Agl - Revised 8/1g/92
EX~{IBIT "A"
Section 22, Township 24 N., Range 1 E.; W.M.
Lots 26 and 27, Block 2, Bremerton Heights, conveyed by Auditor's
No. 1104902; except south 12~ ft thereof; except west 61 feet of
Lot 27. Recorded in Vol%lme 3 of Plats, Page 41, Records of Kitsap
County, Washington.