HomeMy WebLinkAbout1626 JACOBSEN BOULEVARD 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
li~nited 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 utilities;
NOW, THEREFORE, the undersigned owner (hereinafter "Owner")of real property
located at 1626 Jacobsen Boulevard
, Kitsap County, Washington, (hereinafter 'l~roperty'),
legally described as:
Jill t6, 1993, 9:56 ~
See Exhibit "A" ~A~N FLYNN, AUOITOR
CLERk: CHIPPS
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. Rate~ 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
riser class.
3. Use. Development of the property described above shall 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.
- REEL 0725 FR 2325
OUTSIDE UTILITIES AGREEMENT -1-
(INDIVIDUAL)
Utility. Agt - Revls~d 8/18/92
4. Utility Improvements.
Sewer service for a single family residence.
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 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
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 immediate
_ termination 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
tmdersigned 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~II~"- F. ~-' 9:~06~.60~.93
FR 2326
II
Donna Mandak ~.. (Spotne)
\\
OUTSIDE UTILITIES AGREEMENT -2- 2054 NE Eton Bane
(INDIVIDUAL) Bremerton, WA 98310
IJdlin,.^gt - Rcvi~d 8/18/92
STATE OF WASHINGTON )
~.~ : SS.
COUNTY OF KITSAP )
On this day, before me, the undersigned, a Notary Public in and' for the State of
Washington, personally appeared u~,~ M~,~a~,~ ~.,~ r~,~,~ ~.,~,~ , to me known
to be the individual(s) described in and who executed the within and foregoing instrument,
and acknowledged that he/she/they signed the same as his/her/their free and voluntary act
and deed, for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this 2tst day of December ,
19 92.
~{ . ~ ~ Notary Public in and for the State of Washingtonf~ ~
t~ X PoBu~ ~ d. residing at: Bremerton
'~.~% .> _~--(~ $ -
hf,.?..;~8.,:.~..-...-_.~..~ My appointment expires: 7/28/94
CITY OF BREMERTON
LOUIS MENTOR, Mayor
City Clerk
APPROVED~. "-'~-'--AS__TO FORM: DEPARTMENTAL/??- 'L-/3,~ ) [A'~OVAL:7//~
1AN R. '~IEVERS, City Attorney
OUTSIDE UTILITIES AGREEMENT -3-
(INDIVIDUAL)
Ulilily. Agt - Revised 8118192
STATE OF WASHINGTON )
; SS.
couNTy OF KITSAP )
On this day personally appeared before me Louis Mentor, Breme;ton 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.
~j. GIVEN under my hand and official seal this /,.9~day of
19
g~'?<, I~01g~gf'~':.~ ~ Notary Public in and for the State of Washington,
OUTSIDE UTILITIES AGREEMENT -4-
(INDIVIDUAL)
Ulility. Agt - Revi~d 8118192
E~HIBIT #A"
3949-000-007-0308 F. %: 9z3,06 6D193
McTeighs Garden Acre Tracts EL O?L; 5 FR 2329
( Parcel 2 of Short Plat NO. 390 recorded 12-30-75 under Auditor
No.1119472)
That portion of Tracts 7 & 8 as delineated and surveyed 9-19-52
described as follows: commencing at the Northwest Corner of
Section 18, Township 24 N., Range 2 E.; W.M., thence S 1° 26' 40"
W along the West Line of said section 1090.25 feet, thence S 89"
02'42" E parallel to the North Line of said section 993.10 feet to
the East margin of Jacobsen Boulevard, thence N 19" 11' 18" E along
said ~argin 66.91 feet, thence, thence S 89" 02' 42" E 156.39.feet
to the True Point of Beginning, thence continue S 89" 02' 42" E
109.50 feet, thence N 20" 09' 17" E 82.59 feet, thence N 89" 02'
42" W 136.66 feet, thence S 0° 57' 18" W 78 feet to the True Point
of Beginning;
together with and subject to an easement for ingress, egress,
and utilities over the south 16 feet of heretofore described main
tract and projections West of North and South line of said South 16
feet to an intersection with the East Margin of Jacobsen Boulevard.