HomeMy WebLinkAbout4945 PINE ROAD NE OUTSIDE UTILITIES AGREEMENT
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
WtIEREAS 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
" WIIEREAS the undersigned, as owner of a parcel outside tile City of Bremerton, has
made application for city utilities;
NOW,TIIEREFORE, the undersigned owner (hereinafter "Owner") of real property
located at 4945 Pine Road NE
, Kitsap County, Washington, (hereinafter "Property'),
legally described as: K
~ii. O0 ,I hAP COUNTY CHCK
See ~ibit "A" FILED-BY: BREMERTON CITY OF
~ 9, t~2, t:26 PH
KAREN FLYNN, AUDITOR
CLEP. K: 6iLMORE
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. Service:t Provided. City of Bremcrton shall provide utility services consistent with
service areas defined by the City comprehensive utility plans as amended, and terms and
conditions of a current Letter of Availability from the Bremerton Utilities Department.
2. 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
USCF class.
3. Use. Development of the property described above shall comply with the uses
aud development standards of City of Bremerton comprehensive land use plan adopted
pursuant to RCW 35.13.177and any adopted subdivision and street standards of the City
of Bre,nerton.
OUTSIDE UTILITIES AGREEMENT -1- aeC, F. #: 921
(CORPORAT.E/PARTNERSHIP) REEL 0682 ER 168D
Utili;y,Agl - Ravised 8118/92
4. Utility hnnrovements.
Water and Sewer service to a single family residence.
5. Annexation. Owner, by signing below, grants to the City ofBremerton 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 tile 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 tbe annexation area pursuant to RCW 35.13.17"/, or if none has been adopted,
Ihe 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
lermination of utilities services to the above-described property as well as other remedies
provided by law.
7. Covenants. The undersigned further agrees that this Agreement and tile promise
made herein constitute a covenant running with the land and shall be bindiug 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 Ihat 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.
OWNER:
DATED: 6/5/92 By:~...t~'k~-~ PS.
Woe Gates Construction
BY:
OUTSIDE UTILITIES AGREEMENT -2- ,Joe Gates Construction
(CORPORATE/PARTNERSHIP) P.O. Box 688 Poulsbo, 98370
Ulilily. Agl - Revised ~118/9~
STATE OF WASHINGTON )
· SS.
COUNTY OF KITSAP )
On this day personally appeared before me Joe L. Gates , and
N/A , of Joe Gates Contruction , the
corporation/partnership 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/partnership, for the uses and purposes therein mentioued, and on oath stated
that he/she/they was/were autborized to execute said instrument on behalf of said
corporation/partnership.
GIVEN under my hand and official seal this 5th, day of June
"~ Notari~'Public in(/and for the State of Washington,
;" "' residing at: Port_ Orchard, WA 98366
~: ~ " My appointment expires: ~,,~,,,~- ts, ]qq,~ .
CIT OF BREI~ RTON
LOUIS MENTOR, Mayor
A]TEST:
KATHLEEN McCLUSKEY
City Clerk
APPROVED AS TO FORM: DEPARTMENTAL APPROVAL:
N~. SIEVERS, City Attorney WILLIAM DUFFY, Utilities b~ree~
OUTSIDE UTILITIES AGREEMENT -3-
(CORPORATE/PARTNERSHIP)
Ufili~y,Agl - R~:vi~d 8118192
STATE OF WASHINGTON )
: SS.
COUNTY OF K1TSAP )
On this day personally appeared before me Louis Mentor, Bremerton City Mayor,
and Kaihleen 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,
Ibr 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~O day of t/~JOl/e-~ffr-~ ,
19q .
-. '-~: Notary Public in and for the State of Washington,
~ ~ r residing at:
· -. /~ My appointment expires:
OUTSIDE UTILITIES AGREEMENT -4-
(CORPORATE/PARTNERSHIP)
Ulilily. Ag! - Revised 1~/18192
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL I:
THE WEST 90 FEET OF THE FOLLOWING DESCRIBED PROPERTY:
THE SOUTH 130 FEET OF THE NORTH 260 FEET OF THE EAST 300 FEET OF THE SOUTH
HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP
25 NORTH, RANGE 1 EAST, W.M.
PARCEL II:
AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER THE SOUTH 30 FEET OF THE
NORTH 145 FEET OF SAID NORTH 260 FOOT TRACT.
~.~o- ~.~
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1
City of Bre-u~erton
TO: Director of Utilities
FROM: Director of Community Development
City Engineer
DATE:
SUBJ: Delivery of Utility Services out~]de City limits.
Site: ~',2~/ ~,~e ~. - ~ ~ ~ ~m~/' ~. ~ '~'
The above ~ite and proposed development ~cheme ha~ been
reviewed and found to be in conformance with the City's development
standards. As such the property i~ eligible to receive utility
services Der Bremerton Municipal Code 15.01.040 and 15.03.040.
Conditions and limitations of this approval are listed below.
Attachments included as part of conditions and limitations.
Do~ld b. Pratt, AICP ~Da~Fv-l-d~-Baker
Director of Community Development City Engineer