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!