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HomeMy WebLinkAbout4965 PINE ROAD K~ ~SAP COUNTY $11, DO CHCK ~&,ED-BY: BREMEPAT, ON ~.~, 'J~73; lO. D2 AmY OF 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 located at &965 Pinta Rn~ad: Bromorton, ~tfl. , Kitsap County, Washington, (hereinafter "Property'S, legally described as: KAREN FLYNN, AUDITOR See gxhibit "A" CLERK: CHIPPS 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. Services Provided. City of Bremerton shall provide utility services consistent with 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. 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. 3. Use. Development of the 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. REEL 0725 FR 23Z~0 OUTSIDE UTILITIES AGREEMENT -1- (CORPORATBJPARTNERSH IP) Utiilty. Agt - Revised 8/18/92 4. Utility Imorovements. }later and sewer service to single family dwelling. 5. 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 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. 6. 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. 7. Covenants. 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. I~EL 07.2"~ FR OUTSIDE UTILITIES AGREEMENT I2- (CORPORATE/PARTNERSHIP) STATE OF WASHINGTON ) : SS. COUNTY OF KITSAP ) On this day personally appeared before me Herbert Wuensch _,~ President ~ of Wuensch Homes ~ the corporation/partnership described in and that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation/partnership, for the uses and pnrposes therein mentioned, and on oath stated that hedshe/they was/were authorized to execute said instrument off behalf of said corporation/partnership. GIVEN under my hand and official seal this 21st day of August 19_9_z. ' Notar}ffPublic in(~d for the State of Washington, residing al: Port Orchard', WA My appointment expires: August 15, 1994 CrFY OF BREMERTON LOUIS MENTOR, Mayor City Clerk APPR?..VED_ -. AS TO FORM: DEPARTMENT~L~PROVAL: N R/. S1EVERS, City Attorney OUTSIDE UTILITIES AGREEMENT -3- (CORPORATE/PARTNERSHIP) STATE OF WASHINGTON ) : SS. COUNTY OF KITSAP ) On this day personally appeared before me Louis Mentor, Breme~ton City Mayor, and Kathleen L. McCluskey, Bremerton City Clerk, of the City of Bremerton, the municipal corporation described in and that executed, the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument on behalf of said corporation. GIVEN under my hand and official seal this /~':~day of t9'~. ' ~..: =.~,. ~ ~ ~otary PuSh'lc -in and for the State of Washington, ~,: pU~L~? s ~es~dmg at: ~--¢~sae~/.,/"~/~ tl'~'/%~o ..: -~? ~:~'~'My appointment expires: t' '~i.'o: ....... -,% ~ OUTSIDE UTILITIES AGREEMENT -4- (CORPORATE/PARTNERSHIP) EXHIBIT "A~ That portion of the Southwest Quarter conveyed by AFN 995376' ,defined as follows, the east 90 feet of the following described tract, the north 130 feet of the north 260 feet of the east 300 feet of the South 1/2, Southeast 1/4, Southwest 1/4 except the east 30 feet for county road. Subject to and together with easement.