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HomeMy WebLinkAbout759 NE MARRIC COURT i~D-BY, B~ME~T~ ~!TY ~F ~A~N FLY~, A~ITOR OUTSIDE UTILITI~ AGREEMENT CLE~: CHZP~ WIIEREAS the Bremerton Municipal Code requires property '~Jutside 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 lo 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 undersigued owner (hereinafter "Owuer") of real property located at 759 NE MARRIC COURT, BREMERTON, WA 98310 , Kitsap County, Washington, (hereJnaRer 'T~roperly'~, legally described as: LOT 17, PHEASANT RUN, ACCORDING TO PLAT RECORDED IN VOLUME 27 OF PLATS, PAGES 67 THROUGH 69, IN KITSAP COUNTY, WASHINGTON. and the City of Bremerton (hereinafter "City"), in consideration of the mutnal covenants set forth berein including the furnishing of utilities services by the City of Bremerton, do hereby promise and agree as follows: 1. ServicesProvideA City of Bremerton shall provide utility services consistent wilh service areas defined by the City comprehensive utility plans as amended, and terms and conditions of a current Letter of Availability from the Bremerton Utilities' Department 2. ~. Owner shall pay wbeu due all connection charges, assessments, and rates established for city utilities' services by City ordinance for tile Owner's tiger class. 3. U~;e. Development of tile 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 UTILITIF__3 AGREEMENT -1- ~--~ (INDIVIDUAL) ' ~ 4. Utility Inmr0vcnlenls. 5. ~. Owner, by signing below, grants to tile City ofBremerton 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. Tile 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 adopled, the land uses for annexed property as set forth in the Bremerton Zoning Code as amended. This Power of Attorney is nonrevoeable. 6. ~. Violation of this Agreement may result in the immediate termination of utilities services to tile above-described property as well as other remedies provided by law. 7. Covenants. The undersigned further agrees that this Agreement and the promise made herein constitute a covenaut running with the land and shall be binding upon the undersigned and his heirs, successors, and assigns, and that this Agreemeut shall be filed 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 dnplicate copy of this outside utility agreement by the purcbaser or transferee. OWNER(S): Samuel E. P~nuon Cecilia A. Pinson (S~) OUTSIDE UTtL~T~S AGREEMENT (~ND~V~DUAL) Ulilily,Ag! - Revised ~118/92 STATE OF WASHINGTON ) : $$. COUNTy OF mSAP · On this day, before me, the unders{.ned, ~qy apu~$~p.~d~f. Or~,i~le of Washington, persona{{y appeared SAMUEC E , to me Known to be tile individua{(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 vo{untary act and deed, for the uses and purposes therein mentioned. 9~GIVEN under my {land and offic{a{ seal this "~'/..~'- da-, ,,r MARCH --' ' F ."...-'"'-...'4, ..- Notary Pul2lg tn and forthe State of Washt~'~l~-, 2" ,'" BREMERTON" '*~,?. 7~ 3 ', residing at: ,,,....., My appointment expires: ~2/Z/~6 ~ CI~REMERTF/~ ~ LOUIS MENTOR~ ~ayo~ AITEST: ~, ~ ~ A. F'. #: 9~o~o4oo.i ::'~ KATHLEEN McCLUSK~Y REEL 0715 FR City Clerk APPR~OVED AS TO FORM: DEPARTMENTAL ~OVAL: 1AN R. SIEVERS, City Attorney '~'~DI3I~, Uti]ities- D~ctor OUTSIDE UTILITIES AGREEMENT -3- (INDIVIDUAL) UIiIiIy. AII. Revl~ed II/I 8D2 ST&TIT ,OP WA~IHNOTON ) COUNTY OF X(ITSAP ) On this dry perso.nlly apl~-.ared before 'me Lei. lis Merrier, lltemetton City Mayor~ and Knthleen L. McCI.skey, lh'emettott City Clerk, of the City of Brem~tto., the mu,lcipsl corporation described In and that executed the whiff, and foresoht8 instrumeflt, and acknowledged snhl Instrume. t t~ be the rr~ and vohmlnry ncr and de~ ore.Id cm~ration, fur the ua~ mid i)ur~s~ therehl mentlu.~ a.d u. uath s~t~ thet they were ~uthorl~d to execute said Instrument'on belmlf of said eoq~ornllon. 19~ OIV~N u.der my hand n.d ~; ;~ ~. Notary Public ~. My nppol.lme, t explr~: /~/~/~ ~ ..... REEL 07~5 ER OUT31DI~ U'I'ILITIi33 AORBBMrt. NT -4- .. (INDIVIDUAL)