HomeMy WebLinkAboutSCHONBERG SUBDIVISION 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,TIIEREFORE, the undersigned owner (hereinafter "Owner")of real property
within Kit,sap County, Washington, (hereinafter "Property"), described as:
SEE E~IBIT "A"
amid the City of Bremerton (hereinafter "City"), ia 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. ~. 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. U~. 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 tile City of Bremerton until
such time as the property is annexed to the City of Bremerton or this provision is modified
iii writing by the parties.
3. ~. WATER SERVICE CONNECTIONS TO SERVE THE
SCHONBERG SUBDIVISION (LOTS A, B, C, D. )
4. 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 tile 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.
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. Covenants. The undersigned further agrees that this Agreement and the promise
made herein constitute a covemu~t 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:
Kristian ~. Schonberg ~
STATEOFWASHINGTON
COUNTY OF KITSAP
On this 14th day of June, 1991, before me the undersigned, a Notary Public in
and for the State of Washington, duly commissioned and sworn, persona~l~ appeared
Kristian K. Schonberg to me known to be the individual described in and who executed
the foregoing instrument, and acknowledged to me that he signed and sealed the said
instrument as his free and voluntary act and deed for the uses and purposes therein
mentioned.
\\ Witness my hand and official seal hereto affixed the day and year in this
certificate above written.
\\~....._.. "' ~, .'..,%%"~. ~~_O~Nota~ Publi~/in ~and(~~for the State o
:, ,~ Washington r~siding at Port Orchard
- . ~ My cQmmission expires August 15, 1994
CITY OF BREMERTON
DATED: [~-?-~,-~l BY: ~
LOUIS MENTOR, Mayor
ATTEST:
KATHLEEN McCLUSI~EY
City Clerk
S TO FORM: DEPARTMENTAL APPROVAL:
IA~ ~. SIBVERS, City Attorney BII~ DHFF~, ~tility Dir~tor
STATE OF WASHINGTON)
COUNTY OF KITSAP )
mentionS.
WITNESS my hand and official s~l hereto affix~ the day and year in Ihis certificate
above written.
' -~i'" ' NOT~Y tP~BLIRi~ and
the
State
.:'' residing at ~~'
"' . My commission expires Z ~'~- ~'~
Schonberg Subdivision
Lots A, B, C, D
EXHIBIT "A"
LOTS A, B, C, D. SECTION 33 TOWNSHIP 24 RANGE 1E. LOTSA, B, C, D OF SHORT
SUBDIVISION NO. 5129 AS R~CORDED UNDER AUDITOR'S FILE NO 9008200187, RECORDS
OF THE AUDITOR OF KITSAP CO. WA. (BEING A PORTION OF LOTS A, B, C, D OF I~GE
LOT SUBDIVISION NO. 121 AS RECORDED UNDER AUDITOR'S FILE NO. 8912110149 IN
SECT. 33, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M. IN KITSAP CO., WA.