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HomeMy WebLinkAbout1624 JACOBSEN BOULEVARD KITSAP COUNTY FIL~'$: B"£MERTON OUTSIDE UTILITIES AGREEMENT WlIEREAS the Bremerton Municipal Code requires property '0utside the city boundaries to support annexation to the City of Bremerton as a condition for receiving CRy utilities (BMC 15.02.040 and 15.03.040); and WI1EREAS the City of Bremerton has a primary obligation to its citizens to allocate limited service resources for adeqnate growth and development within the City; and WHEREAS the undersigned, as owner of a parcel outside the City of Bremerlon, has made application for city utilities; NOW, THEREFORE, the undersigned owner (hereinafter "Owner")of real property located at 162~ Jacobsen Boulevard ., Kitsap County, Washington, (hereinafter 'T'roperty'), KAREN FLYNN, AUOITOR See Exhibit "A" CLERK: CHIPPS A. F. #: 930&,~.60'1.92 and the City of Bremerton (hereinafter "City"), in consideration of the mutual covenants set fodh herein including the furnishing of utilities services by the City of Bremerto,, 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, a,d terms a,d cooditions 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 shall comply with Ihe uses a,d development standards of City of Bremerton comprehensive land use plan adopted pnrsnant to RCW 35.13.177and any adopted subdivision and street slandards of the City of Bremerton. EEL 0725 FR 2320 OUTSIDE UTILITIES AGREEMENT -I- (INDIVIDUAL) 4. Utility Improvements. Sewer service for a single fami. ly 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 adopled, 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 immediale termination of utilities services to tile above-described property as well as other remedies provided by law. 7. Covenaqts. Tile undersigned further agrees that this Agreement and lhe promise made herein constitute a covenant running with the land and shall be binding upon the undersigned and his heirs, st,ccessors, 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 o, execution and filing of a duplicale copy of this outside utility agreement by the pnrchaser or transferee. OWNER(S): ~r/i~ ~andak Donna Mandak OUTSIDE UTILITIES AGREEMENT -2- (INDIVIDUAL) 205/4 NE Et;on Ln. O6lily. Agt -Revlmd 8118192 Bremerton, 98310 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 arian ~I~ndack and Donna ~tndack , 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 21st day of D~ceraber , 19 92. '~ ~,alhaY _i ~ Notary P~blic inand for the State of Washington,( '~ et My appointment expires: F BR EM~ITO~.,. LOUIS MENTOR, Mayor City Clerk ~_-~APPROVE?~!?~-~AS TO FORM: DEPARTMENTA~OVAL:~.~ ~ .~ ~0 ~/~ / IAN R. S'IEVERS, City Attorney ~----~y ,---- ~)/r OUTSIDE UTILITIES AGREEMENT -3- (INDIVIDUAL) Utillty. Agt - Revised ~/18/92 STATE OF WASHINGTON ) : SS. COUNTY OF KITSAP ) On this day personally appeared before me Louis Mentor, Breme~t°n 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 /3'~Z'day of 19 Notary Public in and for the State of Washington, residing at: .Z~,~ c.~.~-~ ~-~t/-~ My appointment expires: ~:1~_#: L 0725 FR 2323 OUTSIDE UTILITIES AGREEMENT -4- (INDIVIDUAL) Ulilily. Ag~ - Revised III/1~/92 EXHIBIT 3949-000-007-0803 II%. F.#: 93436~6D~92 McTeigbs Garden Acre Tracts REEL' 1372~ FR 2324 ( Parcel 3 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 Bast margin of Jacobsen Boulevard, thence N 19' 11' 18" E along said margin 66.91 feet, thence S 89' 02' 42" E 265.89 feet to the True Point of Beginning, thence continue S 89° 02' 42" E 124 feet to an intersection with the Government Meander Line, thence N 20° 09' t7" E along said meander line 82.59 feet, thence N 894 02' 42" W 124 feet, thence S 20° 09' 17" W 82.59 feet to the True Point of Beginning; together with 2nd Class Tidelands in front of, adjacent to, and abutting thereon; together with an easement for ingress, egress, and utilities over the following described tract: Beginning at the True Point of Beginning of the heretofore described, main tract, thence N 89° 02'42" W 265.89 feet to the East margin of Jacobsen Boulevard, thence N19° 11~ 18" E 8.42 feet., thence S.89[ 02' 42" E to a point N 20° 09' 17" E of the True Point of Beginning, thence S 20- 09' 17" W to the True Point of Beginning; ..................... ._. ~_,_~.~ . ~ ......~ ............. ~,' ,., .. ~ /_~/ ~ . ~~ ._ / i~/~ / ~' ~' - ~ '~ ~ ' .... ............... ~ .......... ~.. _~ ............... 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