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HomeMy WebLinkAbout729 EDEN RD 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 WlIEREAS the City of Bremerton has a primary obligation to its citizeus to allocate limited service resources for adequate growth and development within the City; and WHEREAS the undersigned, as owner ora parcel outside tile City of Bremerton, has made application for city utilities; NOW, TItEREFORE, Ihe undersigned owner (hereinafter "Owner")of real property within Kitsap County, Wasbington, (hereinafter "Property"), described as: See gxh~I~f.~ A, B, C, ~ D and tile City of Bremerton (hereinafter "City"), in consideration of tile mu{ual covenants set forth herein including the furuishing of utilities services by the City of Bremerton, do hereby promise and agree as follows: 1. ~t~5~L~h~g~. Owner shall pay when dne all connection charges, assessments, and rates established for city utilities services by City ordinance for the 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 thc property is annexed to the City of Bremerton or this provision is modified in writing by the parties. 3. Utility Improvements. ~Tater Setvlee for a single f~tily o~11~nE located at 729 ~d~ 4. Ann~:xation~. Owner, by signing below, grants to tile City of Bremerton a Limited Power of Attorney to iuclude 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 KAR£N FLYNN, AUDITOR CLERK: VENESKY A. F. #: FEEL 0~4 FR 1321 Bremerlon. 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 dig: concurrent adoption of' land uses designated in any urban fringe eompre'heusive 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 nonrevoeable. .5. IT, II[9If, ClO.COl. ViOlation of Ibis Agreement may result in the immediate termination of utilities services to Ihe above-described property as well as other remedies provided by law. 6. -C-D3_C_0~1_013. The undersigned further agrees that this Agreement and the promise inade herein constitute a covenant running with the land and shall be binding upon undersigned and his heirs, successors, and assigns, and that this Agreement shall be filed for record in the office of the Kitsap County Affdilor. Owner agrees that any sale or transfer of the above-described property will be conditioned on execution and filing of a duplicate copy of ibis outside utility agreement by rile'purchaser or transferee. OWNER: DATED: 2/12/92 State of Washington County of Kltsap I certify that I know or have satisfactory evldeuce that James L. Riddle ls tile person who appeared before me, and said person acknowledged that he stgned this Instrument and acknowledged It to be his free and voluntary act f~'the uses aud .purposes mentioned Dated: February 12~ 1992 CITY OF BREMERTON LOUIS MENTOR, Mayor ATTEST: , KATHLEEN M~CLUSKEY ~ City Clerk DEPARTMENTAL APPROVAL: IAN 1~. S1EVERS, City Attorney ~¥, otilit~yDirector TERRIE HA f~TSON Municipal Services Coordinator STATE OF WASHINGTON ) : ss. A.F. #: 920~290078 COUNTY OF KITSAP ) REEl_ 0644 FR t323 On ibis day personally appear~ before me ~uis Mentor, Bremerton City Mayor, and Kalhl~n L. McCluskey, Bremerton City Clerk, of the City of Bremerton, the mnnicipal corporation described in and Ihat executed lhe within and foregoing instrument, and acknowl~g~ said instrument to be the free and voluntary act and deed of said co~oration, for tbe uses and pu~ses therein mentioned, and on oath stated that they were authorized to execute said instrument on behalf of said co~oration. GIVEN nnder my band and official seal this .. /~ day of ~ ~ Of ~sbm o~, .~ . residing at: ~ My ap~intment expires: ~ ' 2~- ~ EXHIBIT "A" Section 21, Township 24 N.,Range 1 E.; W.M. Beginning 684 feet west of the southeast corner of the southeast corner of the northwest quarter (Thence) west 132 feet, north 660 feet, east 132 feet, (and) south 660 feet to beginning. except the south 70 feet and except the west 112.00 feet of the south 420 feet thereof; except Werner Road and except the east 20 feet for Eden Road per (Auditor's No.) 7902210130 A.F.#: g2D~2gDD78 REEL 0~ FR 1324 , -~ ~ FR ~., ~ ........... AUDIT NOTE ~ -~ ~ '- ...... [ UNSATISFACTORy IN'A ~TION OF THiS