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HomeMy WebLinkAbout8532 BENDER CIR OUTSIDE UTILITIES AGREEMENT WIIEREAS 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 ~ 1~ WItEREAS the City of Bremerton has a primary obligation to its citizens to allocate limiled 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 Lot 17, Skyline Estates 8532 Bender Cir. Bremerton, Wa , Kitsap County, Washington, (hereinafter "Property'S, legally described as: 5051-O00-O17-OOO8 Section 23 Township 25, Range 1 East Lot 17, Skyline Estates, According to the Plat Thereof, Recorded in Volume 24 of Plats, Pages 126, 127, and 128, records of Kitsap County, Washington. and the City of Bremerton (hereinafter "City"), in consideration of the mutual covenants set forlh herein including the fimrnishing 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 l~ttcr of Availability from the Bremerton Utilities Departmeut. 2. Rates and Char~. Owner shall pay when due all connection charges, assessments, and rates establish~ for city utilities settees by City ordinance for the Owner's user class. 3. Uae. Development of the pro~rty described above shall comply with the uses aud development standards of City of Bremerton comprehensive land use plan adopted pursuant to RCW 35.13.177 aud any adopted subdivision and street standards of the City of Bremerton. KiTS~P ~UN ~ Y ~HCK OUTSID~ UTILITI~ AOR~M~ -1- K~EN ~LYNM. AUD~TO~ A. F. O: 9~0~.0701J55 REEL D694 FR 2D4~ 4. Utility Imvrovements. Water Service to 8532 (Lot 17) Bender Circle, Bremerton, 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 reqnire the concurrent adoption of land rises designated in any urban fringe comprehensive plan approved for the annexation area pursnant 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 nonrev~able. 6. Enforcement. Violation of this Agr~ment may result in the immediate lermination of utilities se~ices to the above-described pro~rty as well as olher 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 Ibis Agreement shall be filed for record in the office of the Kitsap County Auditor. Owner agrees that any sa'lc or Iransfer of the above-described pro~rty will be conditioned on execution and filing of a duplicate copy of this outside utility agreement by the purchaser or transferee. OWNER(S): ~/ - garl N. Peterson OUTSIDE UTILITI~ AGREEMENT -2- (INDIVIDUAL) 8532 Bender Cir. Ulilhy. Agl - Revi~d 8118192 Bremer t on, WA 9 8 310 A. F. ti: 9~0~.0701:35 REEL 0694 FR STATE OF WASHINGTON ) COUNTY OP KITSAP ) On this d~y, before me, the undersigned, a Notary Public in Washington, ~rsonally ap~r~ Earl N. Peterson and Molly Peterson , tO me known to be the individual(s) d~crib~ in and who ex~uted the within and foregoing instrument, and acknowl~g~ that he/she/they sig,~ the same as his/her/their free and volun~ry act and de~, for the uses and pu~ses therein mentioned. GIVEN under my hand and official s~l this 7th day of 19 9R " ; t , ~' ~',~ ~yy ~b 'c in and for the S~te of Washington/ ~'~a~.,ti~s~8.9~O~tlg ~i ff residing at~ Bremerton , ~fT.~ ~, ' My appointment expires: 7/28/94 CITY O~ BREMERT~ BY: ~/~~/ LOUIS MENTOR, Mayor ATFEST: KATHLEEN MeC~~i Ey City Clerk IA't~R. SIEVERS, City Attorney WILLIAM DUFFY, Utilities Director OUTSIDE UTILITIES AGREEMENT -3- (INDIVIDUAL) STATE OF WASHINGTON ) : SS. COUNTY OF KITSAP ) On this day personally appeared before me Louis Mentor, Breme~t0n 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. GIVEN under my hand and official seal this II '/~ day of 19~L-. ' lt~{"~' ItOIAR¥%'-..~:'i Notary Public in and for the State of Washington, ~ { * i'~' ~ residing .at: ,O~'.~r--.~hoq. d~ A/ '~...y~UBL~b,d~.~ My appointment expires: ,/0 / A.F.#: 9~0~070~5 , REEl_ 069~ F~ 20~5 ~ OUTSIDE UTILITIES AGREEMENT (INDIVIDUAL) Utility. A~t - Revised 8118192