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HomeMy WebLinkAbout3402 KITSAP WAY 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 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: PHINNBY 2-1/2 ACRE TRACTS BLK 000 LOT 23 '1' E 1/2 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. ~tig~~ff~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. Utility Imorovements. SANITARY SE~t~R CONNECTION TO SERVE ~;lt~ HANSKER TIRE CENTER ON KIYSAP WAY. 4. Annexation. Owner, by signing below, grants to the City of Bremcrton 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 CITY OF BREMERTON LOUI~ MENTOr, Mayor A T: KATHLEEN McCLIJSKEY City Clerk <~~TO FORM: DEPARTMENTAL APPROVAL: IA-N'--I~. SIEVERS, City Attorney BILL DUFFY; Utlli~i-or STATE OF WASHINGTON) ) SS. On this~(a day of ~1991, before me the undersigned, a Notary Public ~'~_ .-~ ~...~ ,~in and for the State ~f~,~.~5 , duly commissioned and sworn personally appeared a~'~'"~'/t-~-~-~"~/~a-~ro'-~own to be me individu~described in and who executed the foregoing instrument, and acknowledged to me that ::~-~hey.~igned and sealed the said instrument as,,~a.~L4ree and voluntary ac! and deed for t~ uses and purposes therein mentioned. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. :,:} t~. NOTARY/~'UBLIC in and for the State ~'~' residing at 'f~,SF-~ · : ' ~ ' My commission expires ~ t 2~ ?'z~ ~ 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 runn. ing 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. DATED: / ~xecutrix, E~ta(a~ Ell2n Berg State of County of K~tsap Jeanne Haynes, Executrix I certify that I know or have satisfactory evidence that Estate of Ellen Berg is the person who appeared before me, and said person acknowledged that she signed this instrument and acknowledged it to beher free and voluntary act for the ~ses and purposes mentioned in the instrument. Dated: October 24, 1991 ~ '~t, My appointment expires August 15, 1994 City of Bre-~nerton TO: Director of Utilities FROM: Director of Community Development ~k~I- City Engineer SUBJ: Delivery of Utility Services outside City limits. The above site and proposed development scheme has been reviewed and found to be in conformance with the City's development standards. As such the property is eligible to receive utility services per Bremerton Municipal Code 15.01.040 and 15.03.040. Conditions and limitations of this approval are listed beloe. Attachments included as part of conditions and limitations. Donald L. Pratt, AICP ' ---, --- I~avld Baker Director of Community DeveloPment City Engineer 91p255/l:t!