HomeMy WebLinkAboutHAYS OUTSIDE UTILITIEs AGREEMENT
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, it is the policy of the City of Bremerton that
property outside the city limits support future~ annexation to the
City of Bremerton as a utility condition for receiving City
utilities; and
WHEREAS, the undersigned, as Owner of a parcel located
outside the city limits of 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:
~aree] A, Short Plat No. 2173 recorded per Ki~sap
County AudJ[or's File No. 8307260138.
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~Cha~. Owner shall pay when due all
connection charges, and assessments established for residents.
Non-resident utility rates shall apply until the prcperty is
annexed into the City.
2. ~s~e. Use of the property described above shall
be limited to
Res/dent/al
90 10190139
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.
4. Annexatio_gn. Owner, by signing below, grants to
the City of Bremerton a Limited POwer of Attorney to
include this agreement as Owner's consent to any Notice
of Intent or Petition for Annexation of any area proposed
by said Notice or Petition to be annexed to the City of
Bremerton. The annexation proposed or supported by this
Power may include an assumption of all or s portion of the city
indebtedness by the area proposed to be annexed, and shall adopt
the land use designation provided for annexed areas as set forth
in the Bremerton Land Use Ordinance as amended.
Owner shall not withdraw consent to a Notice of Intent or
Petition for Annexation after the Power Granted by this agreement
has been exercised by the City.
5. Enfor~cemen~t. Violation of this agreement may result in
the immediate termination of utilities services to the above-
mentioned described Property as well as other remedies provided
by law.
6. Covena____nt~. 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.
~ayor
90 I O190139 EISGa IGSa
ATTEST:
KATHLEEN McCLU~KEY, ~'erk
City Attorney Direct~ of ~il~ies
STATE OF WASHINGTON)
County of Kitsap )
On this ~1 day of /-------~' ,
the undersigned,- a Notar--~, ~.~-~--~- ..... 1-g~, before me
Y FuDIic in and for the State of ~~
_, duly commissioned a
appeared ~ i ,-~ ~ nd sworn personally
~ndlvldua~~c~e~et~o~n to be the
' ' ' foregoing
instrument, and acknowledged to me that ~he signed and sealed
~ ~d. ~nstru~ent as ~~_ free and V~untar
~ uses anG purposes therein mentioned, y act and deed
WITNESS my hand and ~flclal.seal hereto affixed them~;, &-~~
year in this certificate above wrltten. ~ ,~
90 I O I 90 139 EEtSB3F 1654