HomeMy WebLinkAboutFRANCIS STREET OUTSIDE UTILITIES AGREEMENT
WHEREAS the Bremerton Municipal Code requires property outside the city
boundaries to support annexation to the City of Bremerton as a condition for reeeivlng City
utilities (BMC 15.02.040 and 15.03.040); and
WItEREAS 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 outside the City of Bremerton, has
made application for city uti!ities;
NOW, THEREFORE; the undersigned owner (hereinafter "Owner")of real property
within Kitsap County, Washington, (hereinafter "Property"), described as:
See gxh~it~ A, B, and C
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 aa follows:
1. ]~t~MlIk2~hS~. Owner shall pay when due all connection charges,
assessments, and rates established for city utilities services by City ordinance for the Owner's
user class.
2. U$¢:. Development of the property described above shall comply with the uses
and development slandards of any comprehensive land use plan adopted pursuant to RCW
35.13.177and any adopted snbdivision and street standards of the City of Bremerton 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.
U~l~ty ~ater and ae,m_r ~ervice to a proposed lo~-dmmity
(three dup]~o~).
4. 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 the City of
AP~29, 1992, io:igA~
KAREN FLYNN, AUDITOR
CLERK: VENESKY
A.F.#: 92O4290079
REEL 06~4 ER ~327
Bremerton.
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 tbe Bremerlon Zoning Code as amended.
This Power of Attorney is nonrevocable. ,
~i. Enforcement. Violation of tbis Agreement may result {n the immediate
termination of utilities services to the above-described property as well as olher remedies
provided by law.
6..~. The undersigned further agrees that this Agreement and the promise
made herein constitute a covenant running wilh Ihe land and shall be binding upon the
undersigned and }lis heirs, successors, and assigns, and that this Agreement shall be filed for
record in the office of the Kilsap 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 ulilily agreement by tile purchaser or transferee.
REEL 0644 FR
OWNER:
State of Washington
County of Kltsap
I certify that I know or haYe satisfactory e¥1dence that Charlos E. Bait
is the person who appeared before me, and said person acknowledged that he signed
this Instrument and acknowledged Et to be his free and voluntary act for the uses
and purposes mentioned In the Instrument. --
Dated: March 30, 1992
\\
\\ Notar~Publtc
.\\ ' My appointment expires August 15, 1994
CITY OF BREMERTON
LOUIS MENTOR, Mayor
KATHLEEN y
City Clerk
APPROVED AS TO FORM: DEPARTMENTAL APPROVAL:
'~'~IAl'q StEVERS, City Attorney
R. WILLIAM DUFFY, Utility Diredlfir
TERRIE HARTS(~N
Municipal Services Coordinator
STATE OFWASH1NGTON ) g-~. F'. ~" 9204290079
:ss. REEL 06.44 FR ~1.32rI
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
Id execute said instrument on behalf of said corporation.
GIVEN under my hand and official seal this /~/7 day of ~
19/.z -/ - ,
EXHIBIT 'A'
DESCRIPTION: Order No.: E-82552-6
PARCEL I:
That portion of the West half of the East half of the Southeast quarter of the
Southeast quarter of the Northwest quarter of Section 21, Township 24 North,
Range 1 East, W.M., in Kitsap County, Washington, lying South of the following
described line:
Beginning at a point on the East line of said Southeast quarter of the
Northwest quarter, North 0°33' East 284 feet from the Southeast corner thereof
and the beginning point of said line; thence South 89°44'04'' West 337.06 feet to
a point on the West line of the West half of the East half of the Southeast
quarter of the Southeast quarter of the Northwest quarter and the terminus of
said line.
PARCEL II:
An easement for access and utilities 20 feet in width described in document
recorded under Auditor's File No. 9108300296; said easement being within the
Southeast quarter of the Northwest quarter of Section 21, Township 24 North,
Range 1 east, W.M., in Kitsap County, Washington.
Exhibit C
City of Br~rton
TO: Director of Utilities
FROM: Director of Coamunity Development
City Engineer
DATE:
SUBJ: Delivery of Utility Services outside City limits.
Site: ~Oe.t~ ~ (~, d D~U~ ~.~
The above site and proposed development scheme has been
reviewed and found to be in conformance with the City's development
standards. As such the property is eligible to receive utility
services per 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.
F~:~0nal4 L. -~ratt, AICP
/Director of Community Development City Engineer
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