HomeMy WebLinkAbout4671 W SHERMAN HEIGHTS RD
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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 4671 WEST SHERMAN HEIGHTS ROAD
legally described as:
, Kitsap County, Washington, (hereinafter "Property'),
KITSAP cwm
~'I~ C~K
~'ift~ jTY OF
KAllEN Fl VItti AlJ)lTOR
CLERK: lOEiAN
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SEE 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:
I. 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.
A.F..: 9302170065
~t:.L 0701 FR 0879
OUTSIDE UTILITIES AGREEMENT -1-
(INDIVIDUAL)
Ulilily.Agl - Revi~ed 8/18/92
4. Utility Improvements.
PATER SERVICE TO SINGLE FAMILY RESIDENCE.
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 .ifnone 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.
.
DATED: October 23, 1992
(SlUl<e)
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OUTSIDE UTILITIES AGREEMENT -2-
(INDIVIDUAL)
l1tility.Agl . Revised 8/18/92
kh..bm~1h7BQfjn
ST ATE OF WASHINGTON )
ss.
COUNTY OF KITSAP )
On this day, before me, the undersigned, a Notary Public in and' for the State of
Washington, personally appeared Randy C. and Lynda D. Jackson , to tl1e known
to be the individual(s) described in and who executed the within and foregoing instrument,
and acknowledged that 'he1mefthey signed the same as l1is'hll"/their free and voluntary act
and deed, for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this 21
19 92.
day of October
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Notar Public in nd for the State of Washington,
residing at: Port Orchard, WA
My appointment expires: August 15, 1994
CITY OF BREMERTON
DATED:
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BY:~
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LOUIS MENTOR, Mayor
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lAN . SlEVERS, City Attorney
DEPAK'MENTAL APPROVAL:
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,;, Utilities Directo'r
APPROVED AS TO FORM:
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OUTSlDE UTILITIES AGREEMENT -3-
(INDIVlDUAL)
Utilily.ACt - Revilled IVtR/92
STATE OF WASHINGTON )
ss.
COUNTY OF KlTSAP )
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.
1 GIVEN"""'" my Im,d Md ,md., ~I Wi, 3M1d.y'f !i6l!,ldYi
192.
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, :f:"~?~'1l0!I; Notary Public in and for t~eJState of Washington,
r:::l i." ; residing at: 15>'(.~~;J
~&.t.~UO~~\~t><,) Myappointment expires: p, "yr -ry
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A.F..: 9302170065
.......... O7Ot FR 0882
OUTSIDE UTILITIES AGREEMENT -4-
(INDIVIDUAL)
Ulilily.Agl - Revilled 8/18/92
EXHIBIT nAn
SECTION 28, TOWNSHIP 24 N., RANGE 1 E.; W.M.
Lot 5 to 12 inclusive, Block 54, Replat of Port Orchard City
according to Plat recorded in Volume 2 of Plats, Page 5, Kitsap
County, Washington; Together with vacated alley between said Lots;
and except the North 20 feet of Lots 5 and 12, and of the vacated
alley; Together with the West half of vacated Front Avenue, the
North half of Chase Street and the East half of vacated First
Avenue adjoining the above described property; except any portion
taken for County Roads; situate in Kitsap County, Washington
AFW -i.. 9302170065
u70t FR 0883
U c A - 3<J - 9 ;;L
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City of Bremer ton
CITY OF BREMERTON
NOV 6 1992
MUNICIPAL UTILITIES
TO:
Director of Utilities
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PR.OM:
DI.r.cctor of Communi t.y D..,v('lopm..,nt
ci ty Enqincl:!r
DATI'::
SUBJ: Delivery of Utility Services outside City limits.
SJfJCTLE 'FAmiLy I(-E5/DeAJCE
Site: 41..01[- 11 leFrr (~fn4IlI /-ff;./(jl-lrs RcY
,-/t.P.;::i.l./ -05 <-/-C;O!;-OOco
The above si tf! and proposed development scheme has b",m
reviewed and found to be in conformance with the City's
Comprehensive Plan. As such the property is eligible to receive
utility services per Bremerton Municipal Code 15.01.040 and
15.03.040. Conditions and limitations of this approval are listed
below. 4 . \CA -6?A. ~ \
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Al:l:"chmrontn :In<."]1I,1,,(] "n pnrt of comHtions nnd liml.t.nt:l.onn.
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Donald L. Pratt, AICP
Dlr"ctor of Communl.ly DC"vrolopment
avid Baker
City I':nqineer
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