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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.