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