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HomeMy WebLinkAbout4300 BLOCK PINE ROAD 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 receiving City utilities (BMC 15.02.040 and 15.03.040); 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 " WIIEREAS the undersigned, as owner of a parcel outside the City of Bremerton, has made application for city utilities; NOW, THEREFORE, the undersigned owner (hereinafter "Owner") of real property located at PLAT OF ABBEY ROI,/ - 4300 BLOCK PIlq'R ROAD , Kitsap County, Washington, (hereinafter "Property'l, legally described as: ~ KIT$^P COUNTY $, ~[. O0 CliCK FILED-BY: BREHERTON CITY OF szE Kx-rBIT "A" [~C tr. t992~ 9:59 ~ KAREN FLYNN, AUDITOR CLERK: LOGAN 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. Services Provided. City of Bremerton 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 user class. 3. Use. Development of the property described above shail comply with the uses and 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 Bremerton. A.F. #: 9212140062 REEL O689 F'~ .22&-~5 OUTSIDE UTILITIES AGREEMENT -1- (CORPORATE/PARTNERSHIP) 4. Utility Improvements. WATER AND SEWER SERVICE TO SEVEN (7) LOT DEVELOPHENT 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 the City of Bremerton. The annexation petition supported by this Power may include proportional assmnption 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 termiuation 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 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. OWNER: DATED:/~' B Y:~--~~~ Gene S. ~owski BY: OUTSIDE UTILITIES AGREEMENT -2- 3739 Bahia Vista Dr. NE (CORPORATE/PARTNERSHIP) Bremerton, WA 98310 STATE OF WASHINGTON ) : SS. COUNTY OF KITSAP ) On this day personally appeared before me Gene Jankowsk± , and N/A , of .Tnnkow~k~ Construction , 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 mentioned, and on oath slaled that he/she/they was/were authorized to execute said instrument on behalf of said corporation/partnership. GIVEN under my hand and official seal this 27th day of october , 1992. ' .4 :" ~a~ .... .,~. No Public and for the Slate of Washington, . ,,/ , :c~ residing at: Port 0rchardt Washington : '' ~ :. My appeintment expires: August 15, 1994 ~ .,,' ;~ - ..,, CITY ,,DF BREMERTON LOUIS MENTOR, Mayor A. F. #: 921214-0062 KATHLEEN McCLUSKEY I~EEL 0689 FR 224-7 City Clerk APPROVED AS TO FORM: DEPARTMENTAL APPROVAL: I~l~. SIEVERS, City Attorney WILLIAM DUFFY, Utilities'~D~r~ior OUTSIDE UTILITIES AGREEMENT -3- (CORPORATE/PARTNERSHIP) STATE OF WASHINGTON ) : SS. COUNTY OF K1TSAP ) 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 instrnment, 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 Z-5"Phay of /J O/.) lqtg.-. ' Notary Public in and for t'he Slate of Washington, .. cXq....1 ..... .,_r~ I~ My appointment expires: /O/~,/q'p' REEL 0689 FR 2268 OUTSIDE UTILITIES AGREEMENT -4- (CORPORATE/PARTNERSHIP) Ulility. Agt - Revised 8118192 EXHIBIT "A' LEGAL DESCRIPTXON THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 24 NORTH, RANGE i EAST, W.M., CITY OF BREMERTON, KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT THAT BEARS S 02' 01' 10" W - 535.33 FEET FROM THE NORTHWEST CORNER OF SAID SUBDIVISION~ THENCE ALONG THE WEST LINE OF SAID SUBDIVISION, N 02' 01t 10" E - 100.00 FEET~ THENCE AT RIGHT ANGLES S 87' 58° 50" E - 30.00 FEET TO POINT ON THE EAST MARGIN OF PINE ROAD AND THE TRUE POINT OF BEGINNING~ THENCE ALONG SAID MARGIN OF ROAD, N 02' 01' 10" E - 97.45 FEET TO A POINT THAT BEARS S 02' 01' 10" W - 339.00 FEET AND N 89' §2~ 28" E - 30.02 FEET FROM SAID NORTHWEST CORNER OF SUBDIVISION~ THENCE N 89' 52* 28" E - 410.00 FEET~ THENCE PARALLEL WITH SAID WEST LINE OF SUBDIVISION S 02' 01' 10" W - 198.99 FEET TO POINT ON THE NORTH LINE OF THE PLAT OF NORMANDY PARK, PER VOLUME 11 OF PLATS, PAGE 47 OF KITSAP COUNTY RECORDS~ THENCE ALONG THE NORTH LINE OF SAID PLAT, N 89' 49* 47" W - 156.92 FEET TO THE NORTHWEST CORNER OF SAID PLAT; THENCE N 89' 45° 07" W - 112.93 FEET; THENCE PARALLEL WITH THE WEST LINE OF SAID SUBDIVISION N 02' 01' 10" E - 94.74 FEET~ THENCE AT RIGHT ANGLES, N 87' 58* §0" W - 140.00 FEET TO THE TRUE POINT OF BEGINNING. REEL 0689 FR 224~ COpy City o4 TO: Director of Utilities FROM: Director of Community Development City Engineer SUBJ: Delivery of Utility Services outside City limits. The above site and proposed development scheme has been revi~wed and found to be in conformance with th~ City'u d~veloAa,,=nt standards. As such the property is eligible to receive utility servicea 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. D~A'~ld L. Pratt, AICP Director of Community Development City Engineer