HomeMy WebLinkAbout3701 W LOXIE EAGANS BLVD OUTSIDE UTILITIES AGREEMENT
WIIEREAS the Bremerton Municipal Code requires property outside the city
boundaries to support annexatiou to the City of Bremerton as a condition for receiving City
utilities (BMC 15.02.040 and 15.03.040); and
WIIEREAS the City of Bremerton has a primary obligation to its citizens to allocate
lilnited service resources for adequate growth and development wilhin the City; and
" WIIEREAS lhe undersigned, as owner cfa parcel outside the City of Bremerton, has
tnade application for city utilities;
NOW,TIIEREFORE, the undersigned owner (hereiuafter "Owner")of real property
located at 3701 #. l.,oxie Eagan~s Blvd.
., Kitsap County, Washington, (hereinafter 'T'roperty'),
legally described as: ~ITSA? COUNTY
$11~ O0 ~:HCK
See Exhibit "A" FILED-BY: BREHERTON CITY OF
J~ 7, 1~3, t0:28 iq
KAREN FLYNN, AUDITOR
CLERK: LOGAN
and tile 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 aud 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 Bremertou 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 tile property described above shall comply with the uses
and development standards of City of Bremerton comprehensive land use plan adopled
pursuant to RCW 35.13.177and any adopted subdivision and street standards of the City
of Bremerton.
OUTSIDE UTILITIES AGREEMENT -1-
(CORPORAT~PARTNERSHIP)
Ufilily.^gt - Ra¥1~ed 8118192
REEL
4. Ulility hnpr0vcmcnts.
Water Service To A Commercial Building
5. Annexation. 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 Ihe
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
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 imnlediate
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
nmde herein constitute a covenant running with the land mid 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 dnplicate
copy of this outside utility agreement by the purchaser or transferee.
OWNER:
Stuart Sulman o~f~zt~._5 ~;o~cztAc~
BY:
OUTSIDE UTILITIES AGREEMENT ~2-
(CORPORATE/I~ARTNERSHIP)
Ulility. Agt - Rcvi~,~d 8118/92
STATE OF WASHINGTON )
: SS.
COUNTY OF KITSAP )
On this day personally appeared before me ~rTtt.~r4 5~/rnaM , and_
-- ' , of ~ }~ f:~ ~,r~,'f ,"tim
~/p~tnership descfib~ in and that executed the within and foregoing instrument,
and ac~owl~ged said instrument to be the free and voluntary act and deed of said
~/partnership, for the uses and pu~oses therein mentioued, and on oath stated
that he/~ was/~, authorized to execute said instrument on behalf of said
co~oration/partnership.
19~ GIVEN under my hand and official seal this 3ff day of ~~ ,
Notary ~ic in Md for th~ Stye q Washington,
residing at: ~/3' ~- ~ x/~ ~ ':~
My appointment expires: I-
CITY OF BREMERTON
DATED: [~-k~-~ BY:_ ~
LOUIS MENTOR, Mayor
A'ITEST:
KATHI~EEN McCL~SKEY REEL 0694 FR 2038
City Clerk
APPROVED AS TO FORM: DEPARTMENTAL APPROVAL:
IAN R. SIEVERS, ~ity Attorney
OUTSIDE UTILITIES AGREEMENT -3-
(CORPORATE/PARTNERSttl p)
Ulili~y. Agl - R~;vi~*:d 8118192
STATE OF WASHINGTON )
: SS.
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 /041' day of
,
~ ~ . t~ ~.t~otary Public ~n aud for the State of Washin£ton.
t:~ ,a O A -t~... -~t' My appointment expires- /
A.F.#: ~30107013~
OUTSIDE UTILITIES AGREEMENT -4-
(CORPORATE/PARTNERSHIP)
EXHIBIT "A"
That portion of the West half of the Northeast Quarter of the
Southeast Quarter of the Northwest Quarter of Section 22, Township
24 North, Range 1 East; W.M. in Kitsap County, Washington, lying
Easterly of the K-Werner Arsenal Connector, except the north 100
feet thereof.
[£L 94 2039 A