HomeMy WebLinkAbout082401-3-015-2006 OUTSIDE UTILITIES AGREEMENT
WItEREAS 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
WIIEREAS the City of Bretnerton has a primary obligation Io its citizens lo allocate
limited service resources for adequate growth and development within lbe City; and
WHEREAS the undersigned, as owner of a parcel outside time City of Bremerton, has
made application for city utilities;
NOW, TItEREFORE, the undersigned owner (hereinafter "Owner") of real property
within Kitsap Counly, Washington, (hereinafter "Property"), described as:
See lLxhibit "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. Rat and Char e. Owner shall pay when due all connection charges,
assessments, and rates established for city utilities services by City ordinance for time Owner's
user class.
2. Use. Development of tile property described above shall comply with tile 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 Cily of Bremerton or this ' ' modified
in writing by lhe parties.
ImN FLYNN~ AUDITOR
Water service to a single family home W: VENERY
4. Annexation. Owner, by signing below, grant~ to erton a Limited
Power of Attorney to include this ~greement 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
Bremerton.
The annexation petition supported by Ibis Power may include proportional
assumption of the City indebtedness by the area lo be annexed. The petition shall require
the concurrent adoption of land uses designated in any urban fringe comprei~ensive plan
approved for the annexation area pursuant lo RCW 35.13.177, or if none has been adopted,
the land uses for annexed property as set forth in the Bremerlon Zoning Code as amended.
This Power of Attorney is nonrevocable.
5. ~l~. Violation of this Agreement may result in the immediate
lerminalion of utilities services to Ihe above-described property as well as other remedies
provided by law.
6. ~ovenants. Tile 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 Ibat lhis Agreement shall be filed for
record in the: office of lhe Kitsap County Au'dilor. Owner agrees that any sale or transfer
of Ihe above-described properly will be conditioned on execution and filing of a d,plicate
copy of this outside utility agreement by Ihe purchaser or transferee.
OWNER:
DATED: 2-12-92 ~~
State of Washington
County of Kltsap
I certify that I kaow or have satisfactory evldesce that Hurley Austin Higgs
is the person who appeared before me, and said person acksowledged that he slgned
this isatrument and acknowledged it to be his free and voluntary act for the uses
aud purposes mentlosed In the InStrument. --
Dated: February 12, 1992
- ~ My appointment expires Auqust 15 1994
CITY OF BREMERTON
LOUIS MENTOR, Mayor
~Z~ST:
KATHLEEN McCLUSKF~
City Clerk
APPROVED AS TO FORM: DEPARTMENTAL APPROVAL:
~'~A~ R. SIEVERS, City Attorney WILLIAM DUFFY, Utility Dire~t~orff
TERR1E HARTSON
Municipal Services Coordinator
STATE OF WASHINGTON )
A. F. #: 920".~2~'1. Q9
: ss. EEL [1~ FR 0393
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,
for the uses and purposes therein mentioned, and on oath stated that they were authorized
to execute said iustrument on behalf of said corporation.
GIVEN under my hand and official seal this -5-~/~ day of
199~. { '
Notary Public in and for the State of Washington,
~-~c,~ residing at:
~.~, My appointment expires: /O -*'
~bibit "A"
Section 8, Township 24 N., Range 1 E.; W.M.
That portion of the Southwest quarter described as follows:
Beginning at the Northwest corner of the Southwest quarter of
the Northeast quarter of the Northeast quarter of the
Southwest quarter.
thence S 88°08'04" E 182.875 feet,
thence S 3°31'13'' W to a point on the south line of the
Southwest quarter of the Northeast quarter of the
Northeast quarter of the Southwest quarter,
thence N 88°09'01" W 182.95 feet to the Southwest corner,
thence N 3°31'13"E to Point of Beginning.
except East 85 feet thereof (being Parcel 2 of
Short Plat No. 1530 Recorded under Auditors No.
7810080095)
A. F. #: 9205280109
REEL 0650 FR 0394*