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HomeMy WebLinkAboutCLAYTON FtLEI FOR RECORD ~ / ~ ~/ CITY OF RR£MF. RTON R~t~. 01: __ TJCOR T~ITL_E,...INSURANCE AUG ! .5 1989 SEP ~6 1~8~ J~J~ MUNICIPAL UTILITIES OUTSIDE UTILITIES AGREEMENT Rl~ ~N~ Contiguous Property WHEREAS the Bremerton Municipal code requires contiguous property support annexation to the City of Bremerton as a condition for receiving City utilities (BMC 15.04.490). 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 contiguous to 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: and the City of Bremerton (hereinafter "city") in c nslderatlon 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, and assessments established for residents. Non-resident utility rates shall apply until the property is annexed into the City. 2. Use. Use of the property described above shall be limited to 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 Im~rovement__s. 89O926004! 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 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 a 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. Enforcement. 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. Covenants. 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. DATED: ~ LOBE, Mayo~ 89 O 926 004 1 R[E[512FM936 ATTEST: KATHLEEN McCLUSKEY, Clerk ! FORM: DEPARTMENTAL APPROVAL: ~ILLIAM DUFFY I ~/~ City Attorney Director of Util~ies STATE OF WASHINGTON) County of Kitsap ) On this ~ .%~_day of ~, 198~, before me the undersigned, a Notary Public in and for the State of ~L~,/~;~gj_~__ ,~, ~ .~__J ,,._ .~, .' duly . ~9~iss%oned and sworn personally appeared ~/~f~~FL~o me known to be the individual~ describe~ in and 'who e~e6uted the foreGoinG instrument, and ackn0wled~ed to me that ~he~ signed and sealed the said instrument as ~,~ free and vdluntary act and deed for the uses and purposes therein mentioned. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. N~i~P~li~ i~a~d for the State resid~n~ at ~(~ '~ My commission 'e~l~S ~_~/ 8909 ,?. 6004 ! ~[[t512Fi~]~937