HomeMy WebLinkAbout4624-022-009-0003 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,TIIEREFORE, the undersigned owner (hereinafter "Owner") of real property
within Kitsap County, Washington, (hereinafter "Property"), described as:
S~K EXHIBI~ A
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. ~d.~~llg~. Owner shall pay when due all connection charges,
assess~nents, 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 nses
and development standards of any comprehensive land use plan adopted pursuant to RCW
35.13.177and any adopted subdivision and street standards of the City of Bremerton until
such titne as the property is annexed to the City of Bretnerton or this provision is modified
in writing by the parties.
3. Utility Improvements.
#ater connections to serve Blocks 22 & 23
of the Replat of Port Orchard City.
4. Annexation. Owner, by signing below, grants to the City ofBremcrton 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 tile City of
FiLEb-BY: BREMERTON CiTY OF
KAREN FLYNN, AUDITOR
CLERK: VENESKY
A.F.#: 9207t50066
REEL 0658 FR 2572
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. Covcnant~. 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 duplicate
copy of this outside utility agreement by the purchaser or transferee.
OWNER:
State of Washington A.F., :~-' ~207~500~6
County of Kitsap REEL 0458 FR 2573
I certify that I know or have satisfactory evidence that David W. Ward
is the 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 ~ses
and purposes mentioned in the instrument. --
Dated: June 25, 1992
\\ ~ My appointment expires August 15, 1994
DATED: -7)q)q ~- BY__.~
LOUIS MENTORT' Mt
City Clerk --
APPRO~ AS TO FO~: DEPAR~E~AL APPROVAL:
IA~ R. SIEVERS, City Attorney BILL DUF~Y; Htil ' ~tor
STATE OF WASHINGTO~
COH~Y OF KITSAP )
in ~d for the S~te of~uly commission~ and sworn person~ly app~
~~-9 ~ to me ~wn to be the individu~ describ~ in ~d who ex~ut~
the foregoing instrument, ~d ac~owl~g~ to me that~sign~ and s~ed the s~d
instrument as ~r~ ~d volun~ act and d~ for th~ uses and pu~oses -therein
mentionS.
~S my h~d and official stol hereto affix~ the day and ymr in this certificate
above wdtten.
~Y PUBLIC in ~nd for the State
~i~n~ ~t ~~ ~ .
My commission expires ' ~//~Q ~
EXHIBIT
Section 28, Township 24 N, Range 1E, Replat of Port Orchard City,
lots 11 through 14, inclusive, block 22, Replat of Port Orchard
City as per Plat recorded in volume 2 of plats, page 45, Records of
Kitsap County, Washington; together with that portion of vacated
Third Avenue, per Commissioner's Journal No. 8, Page 383.
and,
Lots 3 through 14, inclusive, Block 23, Replat of Port Orchard
City, as per Plat recorded in Volume 2 of Plats, Page 45, Records
of Kitsap County, Washington; together with that portion of vacated
Third Avenue, per Com~missioner's journal No. 8, Page 383.
~.F.#: ~2071500&6
REEL 0658 FR 2575
MUNICIPAL UTILITIES · LOUIS MENTOR, MAYOR
Gete~ay to the Olymplcs and Home o[ th~ Puget Sound Na~al Shipyard
May 1, 1992
TO: Bill Duffy
Ian Sievers
-~ ~Terrie .artson 'i,!?
Louis Mentor
Kathleen McClu·key
FROM: Derek Skanes, Water Utilities
SUBJECT: Outside Utilities Agreement
Attached are two original copies of the Outside Utilities Agreement
for ~a~ A·ses_~s~5~· I~gt No. ~u2~3Z~ ~Z~% ~ ~f~U4~ owned
by ..... ,,, , _~ [~'-/U/_,~/_~ t.f_//~/~J.~ .o~ ?o-,z.~ o. Cc~
After it is signed by the above and recorded with the Kitsap County
Auditor, please ·end 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 98310-4799 · (206) 4'78-5318