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HomeMy WebLinkAbout116 S NATIONAL AVE 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 WtIEREAS 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 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 116 S. National Avenue Bremerton Wa , Kitsap County, Washington, (hereinafter "Property'), legally described as: KITS~P COUNTY $i t. O0 CliCK SRR gx-[BIT "A" FII R1-By: BREI~ERT~ CITY OF N~R 6, P~t3, 9:45 4; ~)~..N FLY'N, ~/,i)ITOR CLERk: LO~:~I and the City of Bremerton (hereinafter "City"), iu consideration of the mutual covenauts 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 lerms 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 co~nprehensive laud use plan adopted pursuant to RCW 35.13.177and any adopted subdivision and street standards of the City of Bre~nerton. EEL 0709 FR 269~ OUTSIDE UTILITIES AGREEMENT -I- (INDIVIDUAL) U~ilily. Agt - Revised 8118192 4. Utility Improvements. $~I/~R SI~R¥ICE TO $INGLIg FAI4IL¥ DblELLING 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. Enforcemen[. 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. OWNER: BY: EL 1~1119 ER 2694- OUTSIDE UTILITIES AGREEMENT -2- (INDIVIDUAL) U~ility. A/~t - Rcvlacd 8118/92 S'FATE OF WASHINGTON ) : $5. COUNTY OF KITSAP ) On this day, before me, ibc undersigned, a Notary Public in and for the State of Washinglon, personally appeared r,~,,~ ~. ~ fert , to me known Io be Ihe individual(s) described in and who executed tile within and foregoing instrumenl, and acknowledged that he/she/they signed Ihe same as his/Imf/their free and vohmlary and deed, for tho uses and purposes Iherein mentioned. GIVEN under my hand and official seal this ~-h day of 19 92 , Notar~ Public i~and for the Slate of Washington, residing al: Port Orchard, WA My ap~inlmeut expires: August 15, 1994 CITY ~ BREMERTON LOUIS MENTOR, Mayor A'ITFd,;T: KATI1LEEN McCLL1SKEY 9%. F. 45: 9 .060023 City Clerk I EL 070c F'I 2fi95 APPROVED AS 'FO FORM: DEPARTMENT:~PPROVAL: RS, City Attorney '" LT~r ..... ~P' OUTSIDE UTILITIES AGREEMENT -3- (INDIVIDUAl.) Ulilily.AIt - gevi.ed 8111/92 STATE OF WASHINGTON ) : SS. COUNTY OF KITSAP ) On lhis day personally appeared before me Louis Mentor, Bremerton City Mayor, and Kalhleen L. McCluskey, Bremerton City Clerk, of {he City of Bremerlon, {he municipal corporation described in and that execuled the wiihin and foregoing insirnment, and acknowledged said instrument to be Ibc free and vohmlary act and deed of said corporation, for Ihe oses and purposes {herein mentioned, and on oalh stated Ihat Ihey were nulhorized {o execute said inslrument on behalf of said corporation. GIVEN vnder my hand and ofncial seal this ~ 9.73 ' , ' ,- ~ .... , , ~ Nolary Public in and for lhe SIale of Washington, · ~ . , residing al: , , expi,es: / o/k-do// ' A. F= #: 92~)40/::,[!]23 EEL 0709 FR 2696 OUTSIDE UTIIXI'I,IES AGREEMENT -4- (INDIVIDUAl.,) Ulilily. All~ - Revi~ed 8118/92 SECTION 22, TOWNSHIP 24N., RANGE 1E; W.M. PART OF THE N.W. 1/4, NW 1/4, N.E. 1/4, N.W. 1/4; COMMENCING AT THE N.W. CORNER N.E. 1/4, N.W. 1/4 S 89"39'52" E ALONG THE NORTH LINE OF THE N.E. 1/4, N.W. 1/4 30 FEET, S 0"53'48" W 181.84 FEET TO THE TRUE POINT OF BEGINNING; S 0"53'48" W 75 FEET, S 89°42'58" E 134.62 FEET, N 0°53'18" E 75 FEET, N 89"42'58'' W 134.60 FEET TO THE TRUE POINT OF BEGINNING. T~I .......... ,..~: .......... _~ ,-~- ~--~~ '?RE£ ~ I~~_ ~. ' '"'~ · ~"~-~ ':' '~'" " ~