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HomeMy WebLinkAbout3213 19TH ST OUTSIDE UTILITIES AGREEMENT WHEREAS 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 WHEREAS the undersigned, as owner of a parcel outside the City of Bremerton, has made application for city utilities; NOW,THEREFORE, the undersigned owner (hereinafter "Owner")of real property within Kitsap County, Washington, (hereinafter "Property"), described as: See Exhibit "A" See Exhibit "g" 3787-000-001-0309 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 Bremerton, do hereby promise and agree as follows: 1. Rates and Charges. Owner shall pay when due all connection charges, assessments, and rates established for city utilities services by City ordinance for the Owner's user class. 2. Use. Development of the property described above shall comply with the uses ami developmen! standards of any comprehensive land use plan adopted pu~'suant to RCW 35.13.177and any adopted subdivision and street standards of the City of Bremerton until such time as the property is annexed to the City of Bremerton or this provision is modified in writing by the parties. 3. Utility Improvements. Water and Sewer to 3201 19th Street 4. 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 F!~: B~ CI~F(~OF J~ i5, t~2, g:~ KAR~N FLYNN, AUDITOR CLERK: VENESKY A.F.#: 9207150063 REEL 0658 ER 2558 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. 5. Enforcement. Violation of this Agreement may result in the immediate termination of utilities services to the above-described property as well as other remedies provided by law. 6. Covenant~. The undersigned further agrees that this Agreement and the 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 Agreement 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 duplicale copy of this outside utility agreement by the purchaser or transferee. 6. F. #: 9207 :t 50063 REEL 0658 FR 2559 OWNER: 4458 Olympus Drive NE State of Washington Bremerton, WA 98310 County of Kltsap I certify that I know or have satisfactory evidence that Todd Tennyson is tl~e person who appeared before me, and said person acknowledged that he signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the instrnment. Dated: January 9, 1992 \\ Notar~ Public ~ "~;"!' :i My appointment expires August 15, 1994 CITY OF BRI;.MERTON IOUIS MF. NIOR, Mayor A'I City Cler~ AP~EI) AS TO FORM: DEPARTMENTAL AI'I'ROVAI.: IAfi~/. SIEVERS, Cily AIIomey W~.[.IAfi DUFFY, MunicipM Services Coortlin~lor 6. F. #.' 9207 ~. 50063 ,?I'^TE OF W^$IIINGTON ) REEL 0658 ER 2560 COUNTY OF KI'I'SAP ) On lids day personally appeared before me l.mfi$ Mentor, ilremerlon City Mayor, and Kalhleen L. McCluskey, Bremerlon Cily Clerk, of Ihe City of Bremerlon, the municipal corporalion de~cril)ed in and Ihal executed the wilhin and foregoing inMmmenl, and acknowledged said inslrumenl lo he the free and vohmlary act and deed of sai(I corpotalio~, · " for {he t~ses and purposes Iherein mentioned, and on oall~ slaled thai they were alllhotiletl Iff execule said inslrumenl on behalf of said corporation. ~ GIVEN trader my hand and official seal Ihis ~ day of ~ _, ' i 'My appoinlmen, exp~esf Exhibit "A" Section 15, Township 24 N., R. 1 E.; W.M. Phinney 2% Acre Tracts Block 000,Lot 1 D-03 '4' Beginning 175 feet East of Northwest corner of said tract, East 60 feet, south 166.45 feet, west 60 feet to beginning; except north 30 feet for road. A.F.#: 9207150063 REEL 0658 FR 2562 MUNICIPAL UTILITIES I~ LOUIS MENTOR, MAYOR May 1, 1992 ~ Louis Mentor Kathleen McCluskey FROM: Derek Skanes, Water Utilities SUBJECT: Outside Utilities Agreement Attached are two original copies of the Outside Utilities Agreement for Tax Assessor's Lot No. ~7-~(90~d~/-~ ~O~ owned After it is signed by the above and recorded with the Kitsap County Auditor, please send us the signed duplicate original copy for our files. We will forward a copy to the property owner. Thank you for your cooperation. Sincerely, Derek Skanes Engineering Tech. III /jrm Encs. 3027 OLYMPUS DRIVE · BREMERTON, WA 983104799 m (206) 478-5318