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