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HomeMy WebLinkAbout401 WESTMONT LANE NW OUTSIDE UTII,ITIES AGREEMENT WIlEREAS the Brmncrton Municipal Code requires property oulside lite city boundaries to support annexation to the City of Bremerton as a co.dition for receiving City utilities (BMC 15.02.040 and 15.03.040); and ' WIIEREAS the City of Bremerto,~ has a primary obligation Io its citizens Io ~lloeale limiled service resources for adequale growlh and development wilhin Ihe Cily; and WilEREAS lh~ undersigned, as owner ora parcel oulside Ihe City of Bremerlon, made applicalion for cily utilities; NOW,TIlEREFORE, the undersigned owner (hereinafter "Owner")of re~l prol~rly h)cated al 401 Westmont Lane NW. B~emecton. WA 98310 , Kil~p County, Washinglon, (hereinafter '1'roperly'), legally described as: KIT~AP COUNTY $10. ~ CHCK FILED-BY: BRE~RTON CITY KA~ FLY~, A~ITOR CLE~: 6IL~ and Ihe City of Bremerton (hereinafter "City"), in consideration of the muhml covenanl$ scl forth herein including the fi~rnishing of utilities services by Ihe Cily of Bremerlon, do hereby promise and agree as follows: 1. Scrvices Provided. City of Bremerlon slmll provide ulilily services consislenl wilh service areas defined by Ihe City comprehensive ulilily plans as amended, m~d lerms condilions of a current ~tler of Availabilily from the Bremerton Utilities Depsrlme. I. 2. Rale~ and Charge. Owner shall pay when due all conneclion charges, assessmenls, and rates established for oily utililies services by Cily ordinance for Ihe Owner's user class. 3. U~. Development of the pro~rty described above slmll comply with ll~e uses and development standards of City of Bremerton comprehensive land use pl~n ndoplcd pnrsuant to RCW 35.13.177and any adopled snbdivision and street slandards or Ihe Cily of Bremerton. OUTSIDB UT1LITI~ AGREEMENT-I- ~ 0696 FR (INDIVIDUAL) 4. _LLfilily hnprovomonl.s. .5. ^nncxa[ioq. Owner, by signing below, 8ranis lo [he City of Bremer[on a Limiled Power of Al[orncy to include ibis Agreement as Owner's consent lo [be annexation or Properly as par[ of any Notice or Intent or Peri[ion [or Annexation presenled lo [be Ciiy Bremerlon. Tim annexation pclilion supporled by Ihis Power allay incbldC proporlional assumplion of Ihe City indebledness by Ibe area lo be annexed. Tbe pelilion shall require Iht concurren[ adoplion of land rises designated in any urban fringe comprehensive plan approved for Ibe annexalion area pursnant 1o RCW 35.13.177, or if none has been a(Iopled, Ibe land uses for annexed property as set forlh in the Bremerlon Zoning Code as amended. This Power of Atlorney is nonrev~able. 6. Enforcement. Violation of lids Agreement may result in the immediate lerminalion of ulililics services lo the above-described property as well as other remedies provided by law. 7. Covcnan[$. The tmdersigned filrlber agrees Ihal Ibis Agreement and Ihe promise made herein conslilute a covenant running with the land and shall be bin(ling llpon Ihe undersigned and his heirs, successors, and assigns, and that [his Agreement shall be filed for record in Ibe office of lbe Kilsap Counly Audi[or. Owner agrees [bat any sale or [ransfer of [he above-described property will be conditioned on execution and filing of a duplicate copy of this outside utilily agreement by Ihe purchaser or transferee. OWNER(S): OUTSIDE UTILITIES AGREEMENT -2- (INDIVIDUAL) UlJliI¥.Agl - Revised 8118192 STATE OF WASHINGTON ) SS. COUNTY OF KITSAP ) On this day, before me, the undersigned, a Notary Public in and for the Slale of Washington, personally appeared .~'Y'/z~-~, ~O",~,~ ~',~R~ , to me knowu to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that helshe/they signed the same as his/ber/Iheir free and vohmlary acl and deed, for the uses and purposes therein menlioned. GIVEN under my hand and official seal this ~"~day of ~, · o .. ,,. z.'-, o~ '; Notary Public i~J~or the Slate of Washing, ton, ~. : , ~.~ ~ :5.~-. My appointmen~ expires: '~ /~ ~ LO[JIS MENTOR, Mayor IA~I P,J. SIEVERS, City Attorney ~VILI , Utd~tles D,rector OUTSIDE UTILITIES AGREEMENT -3- (INDIVIDUAL) STATE OF WASHINGTON ) SS. COUNTY OF KITSAP ) On this day personally appeared before ,ne Louis Mentor, Bremerton City Mayor, and Kathleen L. McCluskey, Bremerton City Clerk, of tile City of Bremerton, tile municipal corporation described in and that executed tile within and foregoing inslrument, and acknowledged said instrument to be the fr~ and volunlary act and de~ of said cor~ration, for Ihe uses and put. scs therein mentionS, and on oath slat~ flint they were atflhorized to executc said inslrument on behalf of said cor~ration. ,~.o,~,N ,,..,~ ~,,a.~ ~n.,o~,c,~,.~, ,,,~ ~ ~o~ ~~ . ~i ~ ~ ~ ~Nomary Ptmblic im~ and for thc Slaic of Wa hi ~ , . . S ~gton ~:'g0 ~)-.~fMy appointment expires: A. F. #: 93012130169 RL~ 13696 FR 2l,G9 OUTSIDE UTILITIES AGREEMENT -4- (INDIVIDIJAL) Ufilily.^ll - Revi~ed 8/18/92