HomeMy WebLinkAbout082401-3-189-2006 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
WItEREAS 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
VOtEREAS 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:
Lot B of Short Plat No. 4720 recorded under
Kitsap Auditor's File No. 8806030100.
Situate in Kitsap County, Washington.
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. I~. 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. Use. 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 provi~k)n is modified
in writing by the parties. ~10.~I~ ~ 1
3. Utility Improvements. ~11~ t~~
_III~EN FLYNN~ AUDITOR
Water and Sewer service to a duplex. ~RK: CHiP~
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 the City of
~remerton.
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 wel! agotb, er remedies
provided by law.
6. 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 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:
State of Washington
County of Kitsap
I certify that ~ know or have satisfactory evidence that Coleen Shoudy
is the person who appeared before me, and said person acknowledged that she signed
this instrument and acknowledged it to be her free and voluntary act for the ~ses
and purposes mentioned in the instrument.
Dated:_ August 20, 1991
\\ '. Notarf Public ~
\\ My appointment expires August 15, 1994
CITY OF BREMERTON
LOUIS MENTOR, Mayor
AT'~F_fT:
KATHLEEN McCLUSKEY
City Clerk
APP.~.RO~VED_ AS TO FORM: DEPARTMENTAL APPROVAL:
~AN~.~S~E~t~S,'City Attorney Bi'~-L DUFFY; Ufih'~Di~eclt~
STATE OF WASHINGTON)
) SS.
COUNTY OF KITSAP )
O _~.--
On this day of ~ ,1991, before me the undersigned, a Notary Public
in ,a~_d .fgr the State o~,~...1~7Z3, duly commissioned and sworn personally appeared
/~ 0 t4/,5 /4~4/T~ ~ to md'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 fi~s 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.
oNfOT~~~ and for the State
~ residing at
~ My commission expires ..~
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UN~,TISFACTORY IN. A POi~TION OF Tkl~
MUNICIPAL UTILITIES · LOUIS MENTOR, MAYOR
September 3, 1991 · ~
T 0 : Kathleen L. Mc
FROM: William Duffy, ~____
SUBJ: Outside Utilities Agreement - Coleen Shoudy
Attached are two original copies of an Outside Utilities
Agreement. Please have the Agreement signed by appropriate
city officials and filed for record in the office of the
Kiteap County Auditor. After recording the Agreement, please
send us the signed duplicate original copy for our files. We
will take care of sending a copy to the property owner.
/ga
cc: File
3027 OLYMPUS DRIVE · BREMERTON, WA 983104799 · (206) 478-5318