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HomeMy WebLinkAbout2156 3RD AVE OUTS1DE UTILITIES AGREEMENT WIIEREAS 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 WlIEREAS 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: Tax Lot Number: 4624-005-007-0000 S]~]~ EXHIBIT 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. R~sfiiL~. 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 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 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 Service to Single Fatally Dwelling (2156 3rd Ave. Bremerton, WA) 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 $ii. O0 O~K FILED-BY: BRENERTON CiTY OF JUN % i~/2, iO:~ N~ KAREN FLY~ A~iTOR CLERK: VENE~KY A. F. i: ~206090122 REEL 0652 FR 123t Bremerton. Tile annexation petition supported by this Power may include proportional assumption of the City indebtedness by thc area to be annexed. The petition shall require Ihe concurrent adoption of land uses designated in any urban fringe compre'liensive 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. P~,/l~. Violation of this Agreemeut may result in the immediate termination of utilities services to the above-described property as well as other remedies provided by law. 6. ~. 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 Additor. Owner agrees that any sale or transfer of Ihe above-described property will be conditioned on execntion and filing of a dnplicate copy of this outside utility agreement by the purchaser or transferee. OWNER: -~, James Dorsey State of Washington 661 Lovell Ave. Winslow, WA 98110 County of Kltsap Address I certify that I know or have satisfactory evideoce that is tile peraou who appeared before me, and said person acknowledged that signed this Instrument and acknowledged it to be --__ free and volontary act for tile uses and purposes meotloned in the Instrument. Dated; {~,,. F. :ii:: q2060qO133 \\ REEL 0652 FR 12Z~2 \\ Notary Public \\ My appointment expires C~iERTON DATED: I UY: _ LOUIS MENTOR, Mayor KATHLEEN McCLUSKEY City Clerk ,.~TO FORM: DEPARTMENTAL APPROVAL: IAN"R. SIEVERS, City Attorney WILLIAM DUFFY, Utility'D]r~O~ TE RIE Municipal Services Coordinator STATE OF WASHINGTON ) /~,, F. #'" 921114~0901~ : SS. COUNTY OF KITSAP ) ~L ~2 F~ 12~ On this day personally app~red before me ~uis Mentor, Bremerton City Mayor, and Kathl~n L. McCluskey, Bremerton City Clerk, of the City of Bremerton, the municipal cor~ration de~ribed in and that execut~ the within and foregoing instrument, and acknowl~g~ said instrument to be the fr~ and volun~ry act and deed of said co~orafion, for the uses and pu~oses therein mentionS, and on oath stated that they were authorized to ex.ute said instrument on behalf of said co~orafion. GIVEN under my hand and official s~l this ~ 6~ ~ay of ~ ~ , 195 /~ ;' ;' ~'~. '~ No.fy Public in and for the State of Washington, ~ ~ ~ ~ residing at: ~e~ ?~;' 'My appointment expires: /0~ ~ EXHIBIT A Section 28, Township 24, Range 1E, Block 005, Lot 7 & 8 Replat of Pt. Orchard City A.F.#: 9206090133 REEL 0652 FR 12~ , AUDITORS NOTE I ~',.. : .. " FO~ I:~dOOR~t',~ AB ~ ' J ..... "; L :;-'- · WHEN RECEIVED. - , ,~ '~.,,-. ~... . , ~,,,.:,~ ~.' ~,,~,.. ~=.'. ,.~;~ . ,, ,~ ,b~._~"~: ..... ' .... I ~,-.... _-~.-, - .'. ,~,.~-~ ..... ~ -~ '..I '. ', .-e~'. [ ~,.,?.~.~ , , ....... ~,, . . ...... . .)~ ~ ~ ~ . : ",~ ,In ..... IG . ~;..., % .,' .... t ~ ~..' ...... ...~ ,, ,i . ,~ . ~ ~ · '-"..', ..... '~ :~' fi'L: '~-- s F~ ~" >.'~' ., .. ~ ' ~, ,,~ ~ ~ ~ u~ /~ ,~, .-~:-~ City of Bre~rton TO: Director of Utilities FROM: Director of Community Development ~ City Engineer SUBJ: Delivery of Utility Services outside City limits. The above site and proposed development scheme has been reviewed and found to be in conformance with the City's development standards. As such the property is eligible to receive utility services per Bremerton Municipal Code 15.01.040 and 15.03.040, Conditions and~imitations of this approval are listed below. Attachments included as part of conditions and limitations. Director of Community Development City Engineer ~Ip25~/btl