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HomeMy WebLinkAboutOLE HANSONS NAVY YARD ADDITION OUTSIDE UTILITI~,S 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 WltEREAS 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 Kitsap County, Washington, (hereinafter "Property"), described as: See EXHIBIT "A" 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: h Rates and Chard, es. 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~e. 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 Improvements. Water service installations to serve four single family dwellings. 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 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 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: DATED: %/e - ~?/ ~_~/ / ' ff ~ - County of Kicsap I certify that I know or have satisfactory evidence that James R. Walz is the person who appeared before me, and said person acknowledged that he signed this instrument and acknowledged it to be his free and voluntary act for the ~ses and purposes mentioned in the instr~ent. Dated: September 12, 1991 X~ Nota~ Publi~ ' ' My appointment expires August 15, 1994 CITY OF BREMERTON DATED: ~o - \-'/- ~{{ BY: . _. LOUIS MENTOR, Mayor ATTEST: KATHLEEN M¢CLUSKEY City Clerk APPROVED AS TO FORM: DEPARTMENTAL APPROVAL: IAN R. $IEVERS, City Attorney BILL Director STATE OF WASHINGTON) ) SS. On t~is/7 day of ~~ , 199l, before me the u.dersign~, a .o~y Pub,lc in4~d .for~th~.e Sta~._~._of~.~y~3~, duly commissioned and sworn personalty appeared ~/~r~,,..,~ to ~ known to be the individual described in and who executed the foregoing ingtru, ment, and acknowledged to me that he signed and sealed the said instrument as ~ free and voluntary act and deed fo~'~he uses and purposes therein mentioned. WITNESS my hand and official seal hereto affixed the day and year in this cerlificate above written. ·' NOTx/~.RY )P--/iUBLIC,~in ~ ' and for the State ., , .- ~ residing a ~: .L'. "j' ~ My commission expires EXHIBIT "A" Lots ? and $ and the South 25 feet of Lot 9, Block 23 in the Plat of Ole Hanson's Navy Yard addition. Volume 4, page 56 of Plats. Together with that portion of vacated Humphrey Avenue that attached by operation of law. EXCEPT the West 60 feet thereof. The West 60 feet of Lots 7 and 8 and the South 25 feet of the West 60 feet of Lot 9, Block 23 in the Plat of Ole Hanson's Navy Yard Addition, Volume 4, page 56 of Plats.