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HomeMy WebLinkAbout1600 1/2 NORTHLAKE WAY 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 WlIEREAS the City of Bremerton has a primary obligation to its citizens to allocate limited service resources for adequate growth and development within the City; and WHEREAS the undersigned, as owner ora parcel outside the City of Bremerton, has made application for city utilities; NOW, THEREFORE, the undersigned owner (hereinafter "Owner") of real property within Kitsap County, Washington, (hereinafter "Property"), described as: See Exhibit "A" and the City of Bremerton (her6inafter "City"), in consideration of the mutual cove,rants set forth herein including the furnishing of utilities .services by the City of Bremerton, do hereby promise and agree as follows: 1. ~. 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. 2. U$~. 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 until such time as the property is annexed to the City of Bremert~T~l~Li~j~/ision is modified iu writing by the parties. 3, Ut lty Improvements. /I1~ ~ln t~l~l, 2:4t ~l~ F'LYI h AUOITOR 4. 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 atmexation of the Property as part of any Notice of Intent or Petition for Annexation presented to the City of A. F. ~: 91118,261112! lIE[EL I]6114t FR 2234 Bremertofl. The annexation pelition supporled by this Power may include proportional assumption of the City indebtedness by Ihe area to be annexed. The petition shall require tile concurrent adoption of land uses designated in any urban fringe comprehensive plan approved for tbe 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. 5. Enforcement. Violation of this Agreement may result in the immediate ter,nination of utilities services to the above-described property as well as other reinedies provided by law. 6. 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 undersigned and his heirs, successors, and assigns, and that this Agreement shall be filed for record in Ihe office of the Kitsap County Auditor. Owner agrees that any sale or t~ausfer of the above-described property will be conditioned on execution and filing of a duplicate copy of this oulside utility agreement by the purchaser or transferee. OWNER: MARK A FREEMAN STATE OF WASHINGTON COUNTY OF KITSAP On this 5th day of August, 1991, before me the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn personally appeared Diane Freeman to me known to be the individual described in and who execdted the foregoin.~ instrdment, and acknowledged to me that she signed and s~aled the said instrument as a free and voluntary act and deed for the uses and purposes therein mentioned. \\Witness my hand and official seal hereto affixed the day and year in this certificate aba~e written. · ' '" Notar~Public ~ and for the State of .' :-- . - ' Washington residing at Port Orchard. : ~ · My commission expires August 15, 1994. A. F. #: EEL FR 2235 ~0WER .P~_ ATTO__RN~¥ KNOW ALL MEN BY THESE PRESENTS, which are intended to constitute a Genera] Power of Attorney, THAT I, MARK ALAN FREEMAN, having an address at 7420 State Highway 3 South West ~3, Port O,-chard, Washington, hereby make, constitute and appoint my wife, DTANR VREEMAN~ having an address at 7420 State Highway 3 South West #3, Port Orchard, Washington, my attorney-in-fact TO ACT in my name, place and stead in any way which I could do, if personally present, to the extent permitted by law: to ask, demand, sue for, recover and receive all manner of Goods, chatKa]$, debts, rents, interest, sums of money and demands whatsoever, due or to become due, and to execute, acknowledge and deliver acquittances, receipts~ releases, satisfactions or other discharges for the same; to make, execute, indorse, accept and deliver in my name or in the name of my attorney-in-fact all ~checks, notes, drafts, warrants, acknowledgments, and any other agreements or instruments of any nature, as to my attorney-in- fact may seem necessary or appropriate; and to execute, acknowledge and deliver all assignments, extensions, :satisfactions, releases, contracts, deeds, leases, mortgages, writings and any other agreements and instruments of any nature affecting any propmr~y of any nature and wherever situate, which to my atrorney-~n-facr ~ay seem necessary or appropriate~ to enter and take possessio~ of any rmal or personal property, or lany part thereof, belonging to me or to which I may be entitled, and to receive and take for me and in my name all or any rents, issues and profits of any real property to me belonging, and to let the same in such manner as to my attorney-in-fact shall seem necessary or ~ppropriate; to commence any actions or proceedings, for the recovery of any real or personal property or for any o~her purpose~ and to prosecute, maintain and discontinue the samm as my attorney-in-fact may deem necessary or approprJar(~7 Ko appear, answer and defend in any actions or proceedings commenced against me, and to compromise, settle and adjust ~]] actions, proceedings, accounts, dues and demands that may exist as my a~corney-in-fact shall deem necessary or appropriate~ to take ali. steps and remedies necessary or appropriate for ~he conduct and management of my business and ~ersona] affairs, and for recovering, obtaining and holding all real or personal property including debts, interest, demands, duties, sums of money or any other things wbgtgo~ver, as aforesaid, that are thought to be due, owing, belonging or payable, -~ me in my ow;] r~ght or otherwise; and to do, execute, perform and finish for me ~nd in my name all things which my attorney-in-fact shall deem necessary or appropriate, Jn and about or concerning my property or any part thereof. This power of attorney is a durable power of attorney, and it shall not be affected by my becoming disabled, incompetent or incapacitated. It is my intent that the authority conferred herein shall be exercisable notwithstanding my physical disability or mental incompetence. Tbim power of attorney, however, shall terminate on January 22, 1992. To ind,]ce any third parEy to ace hereunder, [ agree that any third party receiving a duly executed copy or facsimile of this power of attorney may ace hereunder, and that revocation or termination hereof shall be ineffective as to such third party iunless and until receipt of actual notice or knowledge thereof, iand I, for myself and my heirs, executors, legal representatives land assigns, a~ree no indemnify and hold such third party harmless from and against any and all claims that may arise by reason of reliance upon this power of attorney. IN WITNESS WHEREOF, I have executed this power of attorney this~~ day of January, 1991. MARK ALAN FREEMAN I],1! 26f] t 21 ER 2236 STATE OF WASHI}~GTO~) ) SS.: COUNTY OF KITSAP ) On this day personally appeared before me MARK ALAN FREEMAN, known ~o me to be the individual described in and who exe- cuted the aforesaid power of attorney, and acknowledged that he had signed as bis free and voluntary act and deed for the uses and purposes therein mentioned. Given under my hand ~,d offlc{~] sea] thls~$~day of January, 1991. ~ c~~b~ire~n CITY OF BREMERTON LOUIS MENTOI~, Mayor KATHLEEN McCLUSKEY City Clerk /A..P.I~V E D,/"~OFORM: DEPARTMENTAL APPROVAL: iAN R. SI~VERS, City Attorney B'ILL b01~F~,' ~lity Dir~tor COUNTY OF ~P ) Ou this day ., 1~1, before me lh~ undersigned, a No.fy Public in and for Ihe S~te of , duly commission~ ~d sworn ~rsonally ap~ared ~own to be the individu~ describ~ in and who executed the foregoing ~strument, m~d to me that ~he signed and sealed the said instrument a~ fr~ ~d act and d~ for the u~s and pu~ses therein mentionS. WITN~S my hand ~d official: affix~ the day ~d year in this certificate above written. NOTARY tLIC in and for the State of residing My commission ex EX]{IBIT "A" LEGAL DESCRIPTION T~HE NORT}{ 121.88 FEET, AS MEASURED ALONG %}[E EAST LINE OF, THE FOLLOWING DESCRIBED TRACT: BEGINNING AT THE NORTHEAST CORNER OF GOVERNMENT LOT 3, SECTION 8, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, THENCE SOUTH 3° 10' 10" WEST ALONG THE EAST LINE THEREOF 60.37 FEET TO THE TRUE POINT OF BEGINNING ON THE SOUTH MARGIN OF AN EXISTING EASEM~ ROAD TRACT; THENCE SOUTH 88° 32' 52" WEST ALONG SAID MARGIN 119.71 FEET TO AN ANGLE POINT, THEN SOUTH 9° 28' 55" EAST ALONG SAID MARGIN TO THE NORTH MARGIN OF NGRTHLAKE WAY; THENCE EASTERLY ALONG SAID MARGIN 61.80 FEET, MORE OR LESS, TO THE EAST LINE OF SAID GOVERNMENT LOT 3; TH~CE NORTH 3° 10' 10" EAST ALONG SAID EAST LINE 259.98 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING; TOGETHER WITH EAStlMENT FOR ACCESS AND UTILITIES AS RECORDED UND~t KITSAP COUNTY AUDITOR'S FILE NO.~ 8712210142; (ALSO KNOWN AS LOT A OF KITSAP COUNTY SHORT PLAT NO. 4593, RECORDED UNDER RECORDING NO. 8803210059); SITUATE IN KITSAP COUNTY, WASHINGTON. FR 223,B A. F. ~: 91[~B260t2i UTILITY EXT~,- ~ FR 2239 COMPLIANCE STATEMENT (BMC 15.02.040 AND 15.03.040) Date: Department of Municipal Utilities City of Bremerton 3027 Olympus Drive Bremerton, Washington 98310 Re: Application for Utility Service The property located at (Address) 1600 1/2 Northlake Way (Mark A. Freeman/Owner) , Washington, legally described as: See Exhibit "A" situated in the City of Bremerton Department of Municipal Utilities' service area and beyond the incorporated City limits of Bremerton, complies with the following: "~ 1. Comprehensive laud use plan and development standards adopted for this parcel by the City of Bremerton pursuant to RCW 35.13.177, if any; and 2. Any adopted subdivision and street standards of the City of Bremerton. . Title ~/r~ EX}IIBIT "A" LEGAL DESCRIPTION THE NORTH 121.88 FEET, AS MEASURED ALONG THE EAST LINE OF, THE FOLLOWING DESCRIBED TRACT: BEGINNING AT THE NORTMEAST CORNER OF GOVERNMENT LOT 3, SECTION 8, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, TH]~NCE SOUTH 3° 10' 10" WEST ALONG TH~ EAST LINE THEREOF 60.37 FEET TO THE TRUE POINT OF BEGINNING ON THE SOU~fH MARGIN OF AN EXISTING EASEMENT ROAD TRACT; THENCE SOUTH 88° 32' 52" WEST ALONG SAID MARGIN 119.71 FEET TO AN ANGLE POINT, THEN SOUTH 9° 28' 55" EAST ALONG SAID MARGIN TO THE NORTH MARGIN OF NORTHLAKE WAY; THENCE EASTERLY ALONG SAID MARGIN 61.80 FEET, MORE OR LESS, TO TH~ EAST LINE OF SAID GOIrERNMENT LOT 3; TMENCE NORTH 3° 10' 10" EAST ALONG SAID EAST LINE 259.98 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING; TOGETHER WITH EASEMENT FOR ACCESS AND UTILITIES AS RECORDED UNDER KITSAP COUNTY AUDITOR'S FILE NO. 8712210142; (ALSO KNOWN AS LOT A OF KITSAP COUNTY SHORT PLAT NO. 4593, RECORDED UNDER RECORDING NO. 8803210059); SITUATE IN KITSAP COUNTY, WASHINGTON. A. F. 9t0B26(]'1.2! 060 . FR 22 0