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Home My WebLink AboutBREMERTON CONDOS OUTSIDE UTILITIES AGREEA,1ENT WItEREAS 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 bas a primary obligation to its citizens to allocate limited service resources for adequate growth and development within the City; and WIIEREAS the undersigned, as owner ora parcel outside the City of Bremerton, bas made application for city utilities; NOW,THEREFORE, the undersigned owner (hereinafter "Owner") of real property located at Front Street and Earheart Street ., Kitsap County, Washington, (hereinafter 'T'roperty'), legally described as: k T ~ ,,..,a,~. COUNTY r -' $lz. O0 See Exhibit "A" FiLED-BY: BREMERTON CITY OF KAREN FLYNN, AUDITOR !&ERK: GLLMORE add thc City of BremertoD (hereinafter "City"), in consideration of the mutual covenants seI fortb herein JDCJDCJJDg the furnishing of utilities services by tbe City of Bremerton, do hereby promise and agree as follows: l. Services Provided. City of Bremcrton shall provide utility services consistent with service areas defined by the City comprehensive utility plans as amended, add terms add conditions Of a current Letter of Availability from the BrelTlerton Utilities Department. 2. Rate~ add CJl~l'~es. Owner sbaJJ pay whell due alt connection cbar~es, assessments, and rates established for city utilities services by City ordinance for tbe Owner's JI$~ class. ~. Use. DeveJopmeot o£the property described above shall comply with fl~e uses and development standards of City of Bremerton comprehensive land use plau adopted gursuant to RCW ]5.JB.J??and any adopted subdivision and street standards of tbe City of Bremerton. OUTSIDE UTILITIES AGREEMENT (CORPORATE/PARTNERSHIP) ~e.~. F. #: 92 ~ 1090205 Ufilil~.agl - R.vi~d ~/la/92 REEL 4. ~. Water service to a 40-unit condominium. 5. -A.~/a.C.~d.i.q~. 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 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. 6. 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. 7. ~. 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 tlmt 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: ~///~/~ OWNER: SINCLAIR BAY ASSOCIATES, a Washington general partnership By: I.L.T. INC., a Washington corporation, General Partner ~z~Fin/~.- Trei~er, ~' ~;;/" ~ OUTSIDE UTILITIES AGRE~-MF3~T -2- President (CORPORAT~JPARTNERSHIP) 601 Union Street umi,~.n~ - ~i~ all~rn Seat tle, 98101 STATE OF WASHINGTON ) ) SS. COUNTY OF KING ) On this t~~t~- day of~/~, 1992, before me personally appeared IRWIN L. TREIGER, to me known to be the President of I.L.T. Inc., the corporation which executed the within and foregoing instrument as general partner of Sinclair Bay Associates; and he acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year first above written. "' ~ No,fy PublUc in and ~or~, 7&~ ,~' .... ~":' ~:~.' State of Washingto9. ~/~1~ '~ ~ ~'uo~, ~ ~.'--~, My Appointment Expires:~/~/~ f~ CITY BR~RT N - LOUIS MENTOR, Mayor A3~TF~T: KATHLEEN McCLUSKEY City Clerk APPROVED AS TO FORM: DEPARTMENTAL APPROVAL: IAN R. SIEVERS, City Attorney WILLIAM DUFFY, Utilities utfectoff OUTSIDE UTILITIES AGReeMENT -3- (CORPORATE/PARTNERSHIP) STATE OF WASHINGTON ) : COUNTY OF KITSAP ) On this day personally appeared before me Louis Mentor, Bremerton City Mayor, and Kathleen L. McCluskey, Bremerton City Clerk, of the City of Bremerton, the municipal corporation described in and that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument on behalf of said corporation. GIVEN under my hand and official seal this ,~O~/L'day of $ ~; Notary Public in and for the State of Washington, ~, ; residing at: r, My appointment expires: . A.F.#: 9211098205 REEL 0682 FR 1667 OUTSIDE UTILITIES AGREEMENT -4- (CORPORATE/PARTNERSHIP) EXHIBIT "A" ORDER NO.: 32007083 LOTS 1 THROUGH 16, INCLUSIVE, BLOCK 24 AND LOTS 1 THROUG~ 16, INCLUSIVE, BLOCK 25, REPLAT OF PORT ORC~XARD CITY, ACCORDING TO PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 45, IN KITSAP COUNTY, WASHINGTON; EXCEPT PORTION CONDEMNED FOR HIGHWAY;~.~r.~: EXCEPT SHERMAN HEIGHTS ROAD; EXCEPT THAT PORTION OF FRONT STREET CONVEYED TO KITSAP COUNTY BY RIG~T-OF-WAY DEED RECORDED UNDER AUDITOR'S FILE NO. 9203110085, DESCRIBED AS FOLLOWS: THE EAST 30 FEET OF BLOCK 25 IN THE REPLAT OF PORT ORCHARD CITY, ACCORDING TO PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 45, IN KITSAP COUNTY, WAS~NGTON, AND DEPICTED ON RECORD OF SURVEY RECORDED IN VOLUME 30, PAGE 231 UNDER AUDITOR'S FILE NO. 9001110080; AND EXCEPT THAT PORTION OF EARHART STREET CONVEYED TO KITSAP COUNTY BY RIGHT-OF-WAY DEED RECORDED UNDER AUDITOR'S FILE NO. 9206220187, BEING A CORRECTION OF AUDITOR'S FILE NO. 9203110086, DESCRIBED AS FOLLOWS: THE NORTH 55 FEET OF BLOCKS 24 AND 25 IN THE REPLAT OF PORT ORCF~RD CITY, ACCORDING TO PLAT RECORDED IN VOLUME 2, PAGE 45, IN KITSAP COUNTY, WASRINGTON, AND DEPICTED ON RECORD OF SURVEY, RECORDED IN VOLUME 30, PAGE 231 UNDER AUDITOR'S FILE NO. 9001110080; TOGETHER WITH PORTION OF VACATED SECOND AVENUE WI{ICH WOULD ATTACH TO SAID PREMISES BY OPERATION OF LAW; TOGETHER WIT~ THAT PORTION OF VACATED HIGH STREET, VACATED BY RESOLUTION NO. 069-1992, RECORDED UNDER AUDITOR'S FILE NO. 9203110084, LYING BETWEEN THE CENTERLINE OF SECOND AVENUE AND THE WESTERLY RIG~T-OF-WAY LINE OF AS-BUILT SHERMAN HEIGHTS ROAD AS DEPICTED ON THE SURVEY, RECORDED UNDER AUDITOR'S FILE NO. 9001110080; TOGETHER WITH THAT PORTION OF FIRST AVENUE VACATED BY RESOLUTION NO. 069-1992 RECORDED UNDER AUDITOR'S FILE NO. 9203110084, LYING BETWEEN BLOCKS 24 AND 25, LYING NORTH OF THE CENTERLINE OF HIGH STREET; THENCE NORTH 295.02 FEET TO THE PROPOSED RIGHT-OF-WAY LINE OF EARHART STREET AS DEPICTED ON THE SURVEY RECORDED UNDER AUDITOR'S FILE NO. 9001110080; TOGETHER WITH THE UNNAMED RIGHT-OF-WAYS VACATED BY RESOLUTION NO. 069-1992 RECORDED UNDER AUDITOR'S FILE NO. 9203110084, LYING Continued on next page LEGAL DESCRIPTION - continued Order No.: 32007083 WITHIN BLOCKS 24 AND 25, COMMENCING BETWEEN THE SOUTH LINE OF LOTS 8 AND 9 IN THE REPLAT; THENCE PROCEEDING NORTH 295.02 FEET TO THE PROPOSED RIGHT-OF-WAY LINE OF EA~H~-~T STREET AS DEPICTED ON THE SURVEY, RECORDED UNDER AUDITOR'S FILE NO. 9001110080; AND TOGETHE~ WITH THAT PORTION OF THE NORTH 55 FEET OF THE SOUTH 60 FEET OF EARHART STREET, WHICH WOULD ATTACH TO SAID PREMISES BY OPERATION OF LAW, VACATED BY RESOLUTION NO. 069-1992 RECORDED UNDER AUDITOR'S FILE NO. 9203110084, DESCRIBED AS FOLLOWS: THAT PORTION OF EARHART STREET LYING BETWEEN TEE CENTERLINE OF SECOND AVENUE AND EARHART STREET, THEN PROCEEDING EAST 490.03 FEET TO THE WEST RIGHT-OF-WAY LINE OF FRONT STREET AS DEPICTED ON THE SURVEY RECORDED UNDER AUDITOR'S FILE NO. 9001110080. END OF EXHIBIT "A" TO: Director of Utilitie~ PROH: D:[r~'.ctor of CommlmJ. ty Dev~]oDment City Eno [neet Delivery of Utility Service~ out~ide C~ty limit~. Site:_ ~ ~~ /~ ~'5 ~-O~-OO,- The above ~te and proposed development ~cheme r_v~.ewed and found to b~ in conformance wi. th the City'~ Comprehensive Plan. A~ ~uch the property is el~ufble to receive utility nervicen per Bremer ton Municipal Code 15.0~..0~0 and ].5.03.040. Conditions and limit,tion, of thin approval are li~ted below. ~--] Al:tnchm,'.nl:n :inrt]nd,.d nf, I;',nrt; r~f cCn~rl:l.l::lonn ~n¢1 ].:lm