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HomeMy WebLinkAbout2176 KENT AVE W OUTSIDE UTILITIES 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 WIIEREAS the City of Bremerton has a primary obligation to its citizens to allocate limited service resources for adequate growth and development wilbin tbe City; and WHEREAS the undersigned, as owner of a parcel ontside lhe City of Bremerton, bas made application for city utilities; NOW, TItEREFORE, the undersigned owner (hereinafter "Owner")of real property within Kitsap County, Wasbington, (hereinafter "Property"), described as: ~K.K KXHIH['J~ A ~ B and the City of Bremerton (bereinafter "City"), in consideration of the mutual covenants set forth herein including the furnishing of utilities services by tile City of Bremerton, do hereby promise and agree as follows: 1. Rotes and Charges. Owner shall pay when tine 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 Improvements. liater cmm~cti{m to ~eLve a single finally dl~l~llln~ at 2176 Kent Ave. 4. Annexation. Owner, by signing below, grants to the City of Bremerton a Limited Power of Attorney to include this A. greement 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 Bremertofl. 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. 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..C,9_Y.q,I~. 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: County of Kltsap ~ 6 I certify ~hat I kno~ or have satisfactory evidence Chat Ga~y Huard is the person who appeared before me, and said person acknowledged that h~ signed this instrument and acknowledged it to be klm free and voluntary act for the a~es and purposes mentioned in the instr~ent. Dated: D~c~mhar 3: 1991 Nota~ P~licf ~y appointment expires. ~u~us~ ~5, ~994 CITY OF BREMERTON r, ATUI EEN City Clerk fl~'~lr A~RgVED AS TO FO~: ~TME~AL AP~VAL: ~:-'2~~ ~ /~~ ,71 ~) ~ .. IA~ R. SIEVERS, City Attome~DUFFY~'~til~ty Dir~tor STATE OF WASHINGTO~ ) COU~Y OF KITSAP ) On this/~day of ~ , 1991 before me the undersi n~ N ~ , 'g , a o~y Public in ~d for ~e ~te offS, duly commission~ and sworn personally app~r~ ~~/~~~~own t0 be the individu~ describ~ in and who execut~ the foregoing instrument, ~d ac~owI~g~ to me that ~ign~ and s~ed the s~d instrument as~ ff~ ~d volun~ act ~d d~ for t~ uses and pu~ses therein mentionS. WITN~S my h~d ~d offici~ s~l hereto affix~ the day and y~ in this certificate above written. ;:,< ~~in and for the State f~ ' .~ ~ ,~ residing at ~ My commission expires EXHIBIT A LOTS 1, 2, AND 3 BLOCK 15, REPLAT OF PORT ORCHARD CITY, IN SECTION 28, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M.; EXCEPT THAT PORTION OF LOT 1 LYING NORTH OF EXISTING PAVING PER COMMISSIONER JOURNAL, VOL. 15 PAGE 271; AND EXCEPT ROAD. City of Bre~erton TO: Director of Utilities FROM: Director of Community Development City Engineer DATE: 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 below. Attachments included as part of conditions and limitations. D/rector of Community Development David Bake~- City Engineer