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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