HomeMy WebLinkAbout3320 KITSAP WAY (2) OUTSIDE UTILITIES AGREEMENT ~,~;~{~ -~;i'~:. ,~,i~s,~
WHEREAS the Bremerton Municipal Code requires property ontside the city
boundaries to support annexation to the City of Bremerton as a condition for receiving City
ulilities (BMC 15.02.040 and 15.03.040); and
WIIEREAS tile City of Bremerton has a primary obligalion 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 ontside tile City of Brernerlon, has
made application for city utilities;
NOW, TI1EREFORE, the undersigned owner (hereinafter "Owner")of real property
wilhin Kitsap County, Washington, (hereinafter "Property"), described as:
See Exhibits A and B
and tile City of Bremerton (hereinafter "City"), in consideration of tile mutual covenants
set forth herein including the furnishing of ulilities services by tile City of Bremerlon, do
hereby promise and agree as follows:
1. Rat nd Char e. Owner shall pay when dne all connection charges,
assessments, and rates established for city utilities services by City ordinance for tile Owner's
user class.
2. Use. Development of the property described above shall comply with the uses
and development standards of any comprehensive land use plan adopted pursuant to RCW
35.13,177and any adopted subdivision and street standards of the City of Bremerton nntil
such ii,ne as the property is annexed to tile City of Bremerton or this provision is modified
in writing by the parties.
3. Utility lmprove~nents.
Utility water and sewer service to Tax Assessor's Lot No.
3?8?-000-022-000?.
4. Annexalion. Owner, by signing below, grants to tile City of Bremerton a Limited
Power of Attorney to inclnde this A. greement as Owner's consent to tile annexation of the
Property as part of any Notice of Intent or Petition for Annexation presented to tile City of
Bremerton.
The annexalion petition supported by this Power may include proportional
assumption of Ihe City indebledness by the area to be annexed. The petition shall require
the concurrent adoption of land uses designated in any urban fringe compre'hensive plan
approved for the annexation area pursuant to RCW 35.13. 177, or if none has been adopted,
the land uses for annexed properly as set forth in the Bremerton Zouing Code as amended.
This Power of Attorney is nonrevocable.
5. EnforcemenL Violation of this Agreement may result in the immediale
termination of utilities services to the above-described property as well as other remedies
provided by law.
6..C~venanls. The undersigned further agrees lhat this Agreement and lhe pronfise
made herein constitute a covenant running with the land and shall be binding upon the
undersigned and bis heirs, successors, and assigns, and that Ihis Agreement shall be filed for
record in the office of Ihe Kitsap County Additor. Owner agrees that any sale or transfer
of the above-described property will be conditioned on execntion and filing of a dnplicate
copy of this oulside utility agreement by Ihe purchaser or Iransferee.
OWNER:
State of Washington
County of Kltsap
! certify that i kno~ or have satisfactory evldence that 3oseph ~. M~neo~
la the person who appeared before me, and said person acknowledged thac he signed
this Instrument nod acknowledged It to be ~ free and vohmtary act for the asea
and purposes mentlooed In the Instrument.
Da ted: Ranch ~2, ~992
My appointment expires August 14, 1994
CITY OF BREMERTON
LOUIS MENTOI~, l~ayor
A~,.,.v~.p,,_~EST: '
KATHLEEN McC
City Clerk
APPROVEI~fi.S TO FORM: DEPARTMENTAL APPROVAL:
lAN R. SIEVERS, City Attorney, zWiI~LIA/~I-"'ISUFF~,, Utility Dire-ctor
TERRIE H/~TSON / ~
Municipal Services Coordinator
STATE OF WASHINGTON ) ~. ~:. .~[
:ss. REEL
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, ami
acknowledged said instrument to be the free and voluntary act and deed of said corporation,
for tile uses and purposes therein mentioned, and on oath stated that they were authorized
to execute said instrument on bebalf of said corporation.
GIVEN under my hand and official seal this '~Yof ~
19~' .L~ ,
, Notary Pnblic ~Boand for~m.~State of W. ashington
, res d ng at:
. ~:~" My appointment expires:
EXHIBIT A
PHINNEY 2-% ACRE TRACTS
TRACT 22 EXC TH PTN THOF DAF BAT NE COR OF SD TR 22 TH
S0°17'17W 65FT TH WLY & PLT THE N LN OF SD TR 22 TAP ON
E LN OF A TRACT OF LAND CONVYD TO C J JONES IN VOL 195 OF
DEEDS PGE 473 RECD UND AUD NO 240947 TH NLY ALG E LN OF
SD JONES TR TAP ON THE N LN OF SD TRACT 22 TH S89°55'23E
157.91FT TO POB AND EXC TH PTN THOF DAF BEG 165FT E OF SW
COR OF SD TR 22 TH W 165FT TH NLY ALG W LN OF SD TR
238.62 FT TH E 15OFT ALG THE NLY BDRY OF SD TR 22 SLY TO
POB AND EXC TH PTN THOF DAF BAT SE COR OF SD TR 22 TH
NWLY ALG THE SWLY MGN OF COP. BET DR A DIST OF 135FT TH
SWLY ON A STRT LN TAP ON N MGN OF KITSAP WAY PSH NO 21 SD
PT LY iOOFT WLY OF SE COR OF SD TR 22 TH ELY ALG THE NLY
MGN OF SD }{WY 100FT TO POB EXC S/h-WY NO 21 PAR(2) TH PTN
OF TRACT 22 DAF BAT NE COR OF SD TRACT 22 TH S0°17'17W
65FT TH WLY AND PLT THE N LN OF SD TR 22 TAP ON E LN OF
A TR OF LAND CNVYD TO C J JONES IN VOL 195 OF DEEDS PGE
473 RECD UNDER AUD NO 240947 TH NLY ALG E LN OF SD JONES
TR TAP ON N LN OF SD TR 22 TH S89°55'23E 157.91FT TO POB
PART OF THE
T24N RANGE