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HomeMy WebLinkAbout4114 PETERSVILLE RD 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 within Kitsap County, Washington, (hereinafter "Property"), described as: Section O1 Township 24 Range 01 PTN OF NE1/4 SE1/4 NWl/4 BEING PAR A OF SHORT PLAT NO. 1507 RECD UNDER AUD NO. 7806010151 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: 1. 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. 2. Usc. Development of the property described above shall comply with the 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 the property is annexed to the City of Bremerton or this provision is modified in writing by the parties. 3. Utility Imorovements. Petersville Sewer Extension Installation of approximately 290 lineal ft of 8" PVC pipe with three 6" side sewers and appurtenances. This project will start from an existing manhole at the intersection of Worrall Dr. and Petersville Rd. and end at the intersection of West View Dr. and Petersville Rd. To be performed by the City. 4. Annexation. Owner, by signing below, grants to the City ofBremerton 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 910&240182 Bremerton. The annexation petition supported by this Power may include proportioual 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. 5. 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. 6. Covenant~. The undersigned further agrees that this Agreement and the promise made herein constitute a covenant running with the land and shall be binding upou the nndersigned 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: CITY OF BREMERTON LOUIS MENTOR, Mayor ATI~EST: APPROVED AS TO FORM: K.~THLEEN McCLIJSK~'~''''~ lAN R. SIE~ERS, City Attorney City Clerk 9106240182 STATE OF WASHINGTON) ) SS. COUNTY OF KITSAP ) On this /;~/~ay of ,.,Teat,'~ , 1991,before me the undersigned, a Notary Public in and for tile_ $~te..of~d~h~.~4o~4 , duly commission~ ~d sworn personally appeared ~s~ ~~ to me ~own to be the individu~ descfib~ in ~d who executed the foregoing instrument, ~d ac~owl~g~ to me that ~he sign~ and sealed the said instrument as ~6~ fr~ ~d volun~y act ~d d~ for the uses and pu~oses therein mentionS. WITN~S my h~d and official s~ hereto affix~ the day and year in this certificate above written. ~ ~ :~9 ?v~-~:~g. ~ ~. ) NOTARY PUBLIC in and for the State ~,~ ,;:~ ~ ff residing at ~~ ~ ~ *$.~,:~0 f. q~.~ My commission expires /~/~ q. ~ .;?4 ..~- ~ ~ 91 0&240182 ,528 UTILITY EXTENSION COMPLIANCE STATEMENT (BMC 15.02.040 AND 15.03.040) Date: ~ '~? {~/" Department of Municipal Utilities City of Bre~nerton 3027 Olympus Drive Bremerton, Washington 98310 Re: Application for Utility Service The property located at (Address) 4114 PE~ERSVILLE RD Washington, legally described as: SECTIOI~ O1 TOWNS}lIP 24 RANGE O1 PTN OF NE1/4 SE1/4 NW1/4 BEING PAR A OF SHORT PLAT NO. 1507 RECD UNDER AUD NO. 7896010151 situated in the City of Bremerton Department of Municipal Utilities' service area and beyond the incorporated City limits of Bremerton, complies with the following: 1. Comprehensive land use plan and development standards adopted for this parcel by the City of Bremerlon pursuant to RCW 35.13.177, if any; and 2. Any adopted subdivision and street standards of the City of Bremerton. DEPARTMENT OF COMMUNITY DEVELOPMENT ~ .. CITY OF BREMERTON CITY EN~N~ CITY OF ~TO8 9106240182' ~v ~ Title ~ ~