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HomeMy WebLinkAbout3219 OLYMPUS DR NE OUTSIDE UTILITIES AGREEMENT WIIEREAS 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 limited service resources for adequate growth and development within the City; and WtlEREAS the undersigned, as owner of a parcel outside the City of Bremerton, has made application for city utilities; NOW, TIIEREFORE, the undersigned owner (hereinafter "Owner")of real property located at 3219 OLYIIPUS DRIVB N. lg. , Kitsap County, Washington, (hereinafter 't'roperty"), legally described as: $ l,lllJKIT~P COUNTY K~ ~OI)ITOR CUElll(: L06/~I aud tbe City of Bremerton (hereinafter "City"), in consideration of Ihe mntual covenants set forth herein including the furnishing of utilities services by the City of Bremerlon, 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 lerms aud conditions of a current Letter of Availability from the Bremerton Utilities Deparlment. 2. Rates and Charges. Owner shall pay when due all connection charges, assessments, and tales established for city utilities services by City ordinance for Ibe Owner's user 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 adopled pursuant to RCW 35.13.177and any adopted subdivision and street standards of the City of Bremerton. I~EE'L O~Ell'! FR OUTSIDE UTILITIES AGREEMENT -1- (INDIVIDUAL) 4. Utility Improvements. I~ASTEWATER SERVICE TO 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 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 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 Ihe pro, mise 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 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(S): WILLIAM CltRONISTER ANN CI~I~ONISTER OUTSIDE UTILITIES AGREEMENT -2- RE~EL 070~ FR 0875 (INDIVIDUAL) Ut~llty. Agl - Revised 8118192 STATE OF WASHINGTON ) COUNTY OF KITSAP ) On this day, before me, the undersigned, a Notary Public in and' for the State of Washington, personally appeared ~.~,~ ~,~ w~.~.~ c~,-n.~,~ , to me known ~o be the individual(s) describ~ in and who ex~ut~ the within and foregoing instrument, and ac~owl~g~ that h~she/they sign~ the ~me as his/her/their fr~ and volun~[y act and d~, for the us~ and pu~ses therein mentioned. GIVEN under my hand and official s~l this llth day of Janua~ , 19 9~ :~?.,~/Z~-~ - ~ z<~ for the State of Washington, ,x~ ~ ~ ~:*~ * v~ residing at: ore,sro, ~ 98366 .%:-. ~--,¢,~r,. My ap~intment expires: ~,~g-st 15, 1994 BY: LOUIS MENTOR, Mayor City Clerk APPROVED AS TO FORM: DEPARTMENTAL APPROVAL: IAN R. SIEVERS, City Attorney Utilitie~ Director OUTSIDE UTILITIES AGREEMENT -3- (INDIVIDUAL) Ulil~ly. Agl - Revined [~118/92 STATE OF WASHINGTON ) 2 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 pnrposes 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~ day of / ~ ~::~?' l~0I/J~'v'!~: ~ 9, Notary Public il) and for th{~ State of Washington, ~ ..' * jz~ residing at: ~,~-,'-.. PUBLIC ~ fi My appointment expires: - ill. F. 1,; 302t70064. I{EE].. 0713 1 FR 08,77 OUTSIDE UTILITIES AGREEMENT -4- (INDIVIDUAL) Utillty. All - Revised ~/1l~/92 EXHIBIT "A" SECTION 1, TOWNSHIP 24 N., RANGE 1 E.; W.M. The east 250 feet of Lot 63, Sylvan Park; As per plat recorded in Volume 6 of Plats, Page 45, Records of Kitsap County, Washington; except the north 80 feet thereof; and except the south 60 feet of the east 120 thereof; (Being designated as Parcel 2 of Short Plat No. 768, recorded under Auditor's File No. 7709160151); Situate in Kitsap County, Washington. A.F.~: 9--'3021700&~ REEZ_ 0705 FR 0878