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HomeMy WebLinkAboutSHORTPLAT 5929 ~i~. OD,,l F,.,~P COUNTY CHC~ FILED-BY: BREHERTON CITY OF KAREN FLY'NN~ AUDITOR CLER~;: GILMORE 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 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 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: See Exhibits A, B and C 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. Rates and Charges. 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 Sewer Connections to serve Short Plat # 5929 4. Annexation. 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 for 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 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. Covenant~. 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. Ron Kirk, V.P. State of Washington I certify that I know or have satisfactory evidence that Ron Kirk is the person who appeared before me, and said person acknowledged that he signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the instrument. -- Dated: November 7, 1991 \\ Notary/Public \~ ...... . , My appointment expires August 15, 1994 CITY OF BREMERTON LOUIS MEi~OI~, Mayor TTEST: d~. F. ~: ~THLEEN McCLUSKEY City Clerk APPROV~ AS TO FO~: DEPARTME~AL APPROVAL: IAN R. SIEVERS, City Attorney BILL DHFFY; Hfili~ Dir~tor STATE OF WASHINGTO~ COH~Y OF ~TSAP ) On this/~ day of ~ ~ ~ ~ 1991, before me the undersignS, a No~ry Public in ~d for the S~te of W~/~ ~dulv commission~ ~d sworn nersonallv ~ ~ ~*~ff ~C~~own to ~e the individual descdb~ i~ and ~o the foregoing instrument, and ac~owI~g~ to me that ~he~ign~ and s~ed the s~d instrument asT~g~ f~ and volun~ act and d~ for the uses and pu~oses therein mentionS. ~TN~S my h~d ~d official stol hereto affix~ the day and y~ in this certificate above wdtten. NOTARY ~UBLIC ~n and for the State "~ ~"':;~ ~, ~'~ residing at Fa~ ,~4 ~ ~b' ~ k~r.' ' My ~mmission expires Exhibit A Tract B, C, and D of a short plat of Lot 2; Card's Acre Tracts, an addition to De Catur as recorded in Volume 4 page 39 of Plat of Kitsap County, Washington.