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HomeMy WebLinkAbout646 NE DAWN RD OUTSIDE UTILITIES AGREEMENT WHEREAS the Bremerton Municipal Code requires property ontside tile 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 Bremerton has a primary obligation to its citizens to allocate limited service resources for adequate growth and development wilhin the City; and WHEREAS the undersigned, as owner of a parcel outside tile City of Bremerton, has made application for city utilities; NOW,TtIEREFORE, the undersigned owner (hereinafter "Owner")of real property within Kitsap County, Washington, (hereinafter "Property"), described as: See Exhibits A and B and tile City of Bremerton (hereinafter "City"), in consideration of the mntual covenants set forth herein inclnding the furnishing of utilities services by the City of Bremerton, do hereby promise and agree as follows: 1. Rat nd Ch r . Owner shall pay when doe all cmmection charges, assessments, and rates established for city utilities services by City ordinance for the Owner's nser class. 2. Use. Development of the property described above shall comply with tile rises and development standards of any comprehensive land use plan adopted pursuant to RCW 35.13.177and ans~ 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. tj~ii~.v- lmprove~nent:s. Water service to a single family dwelling located at 646 N.E. Da~n Road 4. Annexation. Owner, by signing below, grants to tile City of Bremerton a Limited Power of Attorney to include this A. greement 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 supporled by this Power may include proportional assumption of Ihe City indebtedness by the area to be annexed. The petition shall require the concurrent adoption of land uses designated in any urban fringe comprei~eusive 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 Pewit of Attorney is nonrevocable. , 5. F41~. ViOlation of this Agreement may result in Ibc immediate termination of utilities services to the above-described property as well as other remedies provided by law. 6..C_.0_W, RI~. Tile undersigned further agrees tlmt this Agreement and the promise made herein constitute a covenant running with the land and shall be binding upon the undersigned and bis heirs, successors, and assigns, and that fids Agreemenl shall be filed for record in the office of tile Kitsap County Auditor. Owner agrees that any sale or transfer of the above-described property will be conditioned on execotion and filing of a duplicate copy of this outside utility agreement by tile purchaser or transferee. County of Kit:sap Ronald F. Lew±s and I certlf'y that I kllow or have satisfactory evidence thatBen±so L. Lewis Is the person who appeared before me, and said person acknowledged that they signed tbls instrument and acknowledged It to be the±r free and voluutary act for the uses and ,purposes mentioned In the Instrument. -- Dated: February 14.~ 1992 \\ , : , No t'a r~ Public \\ My sppolatmeut expires August 15, 1994 CITY OF BREMERTON . DATED: ~z~ ~ ~.~ (~t e..__ By: LOi~~~' ~ UIS MENTOI~, Mayor A'ITEST: City Clerk  R~OVED_AS TO FORM: DEPARTMENTAL APPROVAL: IAN R. ~EVERS, City Attorneyff~ TERR1E HAR~FSON Municipal Services Coordinator STATE OF WASHINGTON ) : SS. COUNTY OF K1TSAP ) On this day personally appeared before me Louis Mentor, Bremerton City Mayor, aud Kathleen L. McCluskey, Bremerton City Clerk, of the City of Bremerton, Ibe 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 thereiu 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 ~.~"'~ day of ~ 19 ? .t~ ' '' ' residing at: , My appointment expires: ..~ - ,~ ~-~ ~ EXHIBIT 'A' Lot C, Short Plat No. 4108, recorded under Auditor's File No. 8608260186, being a portion of the Northeast quarter of the Southeast quarter of the Northeast quarter, Section 35, Township 25, Range 1 East, W.M., in Kitsap County. Washington. 6. F.#: 92040~1]~76 REEL EXHIBIT · ~'~'~ * 0 ' I yo~ i~o~ It ~ not i~e~ to ~ n~ a ~ of, nor does ~ m~, :,e ~mm~ or p~i~ ~ume~ NO ~.BIU~ for ~ ~er rela~ to ~ ~e:cn. for ~ City of Bre~rton TO: Director of Utilities FROM: Director of Community Development City Engineer DATE: SUBJ: Delivery of Utility Services outside City limits. Site: 646 N.E. Da~n Road 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 limitations of this approval are listed below. Attachments included as part of conditions and limitations. City Engineer