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