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Home My WebLink AboutFREEMAN (1) t99t, 9:40 OUTSIDE UTILITIES AGREEMENT1 ~IiT~ WtlEREAS 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 tile undersigned, as owner ora parcel outside the City of Bremerton, has made application for city utilities; NOW,THEREFORE, the undersigned owner (hereinat'ter "Owner") of real property within Kitsap County, Washington, (hereinafter "Property"), described as: Lot A of Kitsap County Short Plat No 4593, recorded under Recording No. 8803210059: Situate in Kitsap County, WA and the City of Bremerton (her/:inafter "City"), in consideration of the mutual covenants set lbrth herein including the furnishing of utilities services by the City of Bremerton, do hereby promise and agree as follows: 1. ~,~l~]/~g~. 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 provision is modified in writing by the parties. 3. Meter installation for single family residence. 4. Annexi~lion. 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 fqr 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 Bre,nerton 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 covenaqt 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: REEL O&O! FR t9~3 CITY OF BREMERTON DATED: (~,~--/-\~,, BY:~-~ ~ LOUIS MENTOR, Mayor ATTEST: KA'I HLEEN McCLUSKEt City Clerk O R M: DEPARTMENTAL APPROVAL: IAN R. SIFTERS, City Attorney B1L~ D~rector STATE OF W~SHINGTON) COHNTY OF KITSAP ) On thi~ day o~ ~ ,1991, before me the undersignS, a Noir7 Public ~ ~_ ~ ~~. ~, .~inand for tho.S~te of~~ ,dulycommi~ion~ ~d ~wornperson~ly appeared ~;~ ~t~~e ~own to ~ the individu~descdb~ in ~d who ex~ut~ the foregoing inst~ment, ~d ac~owl~g~ to me that ~ign~ ~d s~led the ~d instrument as~ fr~ ~d volun~ act ~d d~ for th~ uses ~d pu~oses therein mentionS. WITN~S my hand ~d offici~ s~ hereto affix~ the day ~d year in this certificate a~v¢ written. ~ ~, ~' ~. ' NOTARY ~BLIC in and for the State ¥?~...~ ~°~"' ~.. ' ..~ My commission expires A. F. ti: ~1080~0078 REEL 0~0:!. FR l~ cOPY OUTSIDE UTILITIES AGREEMENT WIIEREAS 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 WlIEREAS the undersigned, as owner ora 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 A of Kitsap County Short Plat No 4593, recorded under Recording No. 8803210059: Situate in Kitsap County, WA and the City of Bremerton (her6inafter "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. ' ~.R~tlgl~t~l~.ll~g~. 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 provision is modified in writing by the parties. $9.110KIT'~P ~OUNTY Meter installation for single family residence. 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 fqr Annexation presented to the City of Bremcfton. 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 ~et forth in the Bremerton Zoning Code as amended. This Power of Attorney is nonrevocable. 5. Enforcemenl. 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 undersign~ 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 lite office of the Kit.sap 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: 226'1 CITY OF BREMERTON DATED: ~,~-J~,( BY:~ ~ LOUIS MENTOR, Mayor AT~EST: City Clerk IAN R. SIFa/VERS, City Attorney BILL DUFFY,'Uti~r~ Director STATE OF WASHINGTON) COUNTY OF KITSAP ) On this,~ day o~' ~ ,1991, before me the undersigned, a Notary Public in and for the .Slate of~'~,~ ~ , duly commissioned and sworn personally appeared .~~ ¢ )C~T'g~'°~'~t~ known to be the indi¥idual~de~cribed in and who executed the foregoing instru?ent, and acknowledged to me that :~'he~igned and sealed the said instrument ~.L free and voluntary act and deed for thf~ u~es and purposes therein mentioned. WITNESS my hand and official ~al hereto affixed the day and year in this certificate above written. IqOTAR¥ I~BLIC in and for the State residing at My commission expire~ REEl_ DB OS FR 2262 19740F-H EXHIBIT "A" LEGAL DESCRIPTION THE NORTH 121.88 FEET, AS MEASURED ALONG THE EAST LINE OF, THE FOLLOWING DESCRIBED TRACT: BEGINNING AT THE NoRT)IEAST CORNER OF GOVERNMENT LOT 3, SECTION 8, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, THENCE SOUTH 3~' 10' 10" WEST ALONG: THE EAST LINE THEREOF 60.37 FEET TO THE TRUE POINT OF BEGINNING ON THE SOUTH MARGIN OF AN EXISTING EASEMENT ROAD TRACT; THENCE SOUTH 88" 32' 52" WES~ ALONG SAID MARGIN 119.71 FEET TO AN ANGLE POINT, THENCE SOUTH go 28' 55" EAST ALONG SAID MARGIN TO TIlE NORTH MARGIN OF NORTHLAKE WAY; THENCE EASTERLY ALONG SAID MARGIN 61.80 FEET, MORE OR LESS, TO THE EAST LINE OF SAIl) GOVERNMENT LOT 3; THENCE NORTH 3° 10' 10" EAST ALONG SAID EAST LINE 25~).g8 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING; TOGETHER WITH EASEMENt FOR ACCESS AND UTILITIES AS RECORDED UNDER KITSAP COUNTY AUDITOR*S FILE' NO. B712210142; (ALSO KNOWN AS LOT A OF KITSAP COUNTY SHORT PLAT NO. 4593, RECDROEU UNDER RECOi~DING NO. 8803210069.~; SITUATE IN KITSAP COUNTY, WASHINGTON. X:- .~ .... ~ .... ; - ~