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HomeMy WebLinkAbout4939 PINE RD NE 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 pri~nary obligation to its citizens to allocate limited service resources for adequate growth and development within the City; and WItEREAS the undersigned, as owner ora parcel outside the City of Bremerton, has made application for city utilities; NOW,THEREFORE, the undersigned owner (hereinafter "Owner")of real property located at 4939 Pine Road NE , Kitsap County, Washington, (hereina~er '?roperty'~, legally described as: ~i'c.~:' COUNTY See Ehibit "A" FiL~L,-BY: BREMbRiON CITY OF ~ 9, ~.992, t:2~ PM ~,~ ~fNN. AUDI~OR ,~LFR!,; ~iLMORE and the City of Bremerton (hereinafter "City"), in consideration of the mutual covenants sel fo[th herein including the furnishing of utilities services by tile City of Bmmerton, 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 currem L~tter of AvaJlabiliiy from the ~rem~tOll Utilities Department. 2. Rales 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. OUTSIDE UTILITIES AGREEMENT -I- ~. F. :1~: ~2~!. ~I.L~c~P02~:~ REEL O6~2 FR 167D (CORPORATE/PARTNERSHIP) 4. Utility Improvements. Water and Sewer service to a single family residence. 5. Annexation. Owner, by signing below, grants to the City ofBremerton 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 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 im~nediate 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 mid 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: DATED: 6/17/92 BY: .~~~ e Gates Construction BY: OUTSIDE UTILITIES AGREEMENT -2- Joe Gates Construction P.O. Box 688 Poulsbo, 98370 (CORPORATE/PARTNERSHIP) Utility. Agt - Revi~¢d 8118192 STATE OF WASHINGTON ) : SS. COUNTY OF KITSAP ) On this day personally appeared before me Joe L. Gates , and n/a , of Joe Gates Construction , the corporation/pannership 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 purposes therein mentioned, and on oath stated that he/she/they was/were authorized to execute said instrument on behalf of said corporation/partnership. GIVEN under my hand and official seal this 17th day of June 19 92 ... Notar~ Public in~and for the State of Washington, ~ . residing at: Port 0rchardt WA 98366 My appointment expires: August 15, 1994 CITY/0F BREMERTON LOUIS MENTOR, Mayor ATTEST: t~. F. #= ~'2110~0.7~0~ ~( ~L~ REEL 0682 FR ~672 KATHLEEN EY City Clerk APPROVED AS TO FORM: DEPARTMENTAL APPROVAL: S, City Attorney WILLIAM DUFFY, Htilitiesh~i~ctor OUTSIDE UTILITIES AGREEMENT -3- (CORPORATE/PARTNERSHIP) Ulili~y. Agt - Rcvi~d 8118192 STATE OF WASHINGTON ) ' SS. COUNTY OF KITSAP ) On this day personally appeared before me Louis Mentor, Bremerton 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, tbr 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 Notary Public in and for the State of Washington, My appointment expires: / OUTSIDE UTILITIES AGREEMENT -4- (CORPORATE/PARTNERSHIP) EXHIBIT "A" LEGAL DESCRIPTION PARCEL I: THE WEST 90 FEET OF THE EAST 180 FEET OF THE SOUTH 130 FEET OF THE NORTH 260 FEET OF THE EAST 300 FEET OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 25 NORTH, P, ANGE 1 EAST, W.M.; EXCEPT THE EAST 30 FEET FOR COUNTY ROAD. PARCEL II: AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER THE SOUTH 30 FEET OF THE NORTH 145 FEET OF SAID NORTH 260 FOOT TRACT. BOTH PARCELS SITUATE IN KITSAP COUNTY, WASHINGTON.