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HomeMy WebLinkAbout3997 DIVISION AVE W OUTSIDE UTILITIES AGREEMENT WltEREAS the Bremerton Municipal Code requires property ontside 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 WI]EREAS 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 WiIEREAS the undersigned, as owner of a parcel outside the City of Bremerton, has made application for city utilities; NOW,TItEREFORE, the undersigned owner (hereinafter "Owner")of real property withiu Kilsap County, Washington, (hereinafter "Property"), described as: See Exhibit :"/U' See Exhibit "B" Tax Lot ~/ 4504-000-015-0006 and the City of Bremerton (hereinafter "City"), in consideratiou of the mutual covenants set forth herein i~cluding the furnishing of utilities services by the City of Bremerton, do hereby promise and agree as follows: 1. ~&t~~ll~. Owner shall pay when due all counection charges, assessments, and rates established for city utilities services by City ordinance for the Owner's user class. 2. Use. Development of the property described above shall comply with the uses amid 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 Bremerton or lbb provision is modified in writing by the parties. 3. Utility Improvemeut~. Water service to single family dwelling located at 3991 Division Ave. W. 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 annexation of the Property as part of any Notice of Intent or Petition for Annexation presented to the City of SH.O0 ~ ~iLEO-e,Y: BREMER!0N CITY OF JUL 15, i992, 9:t7 ~ ~,A~EN FLYNN, AUDITOR CLE~F;: VENESF;~~ Bremerlon. Thc annexation petition supporled by this Power may include proportional assumption of thc City indebtedness by thc 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 3.5.13. 177, or if none has been adopted, Ihe land uses for annexed property as set forth in the Bremerton Zo,fing Code as amended. This Power of Attorney is nonrcvocable. 5. Enforcement. Violation of Ihis Agreement may result in the immediate termination of utilities services to tile above-described property as well as other remedies provided by law. 6..C.9.Y_gD..~%!!~. Thc undersigned further agrees that this Agreement and the promise made herein constitute a covenant running with tile land and shall be binding t,pon Ihe undersigned and his heirs, successors, and assigns, and that this Agreement shall be filed for record itl Ihe office of the Kilsap County Auditor. Owner agrees thai any sale or Iransfer of Ih¢ above-described properly will bc conditioned on execution and filing of a dnplieate copy of this outside ulility agreement by thc purchaser or transferee. OWNE · 399~Divi~ion Ave. W. Bremerton WA 98310 State of Washington County of Kltsap Floyd L. Christensen and ! certify £hat ! know or haYe satisfactory evidence that__j0sefin~~ R. Christensen Is the person who appeared before me, and said person acknowledged that they signed this instrument and acknowledged it to be theirfree and voluntary act for the uses and ,purposes mentioned in the instrument. fi. F. #: 9207158060 Dated: March 24, 1992 ~L \\ ~. My appointment expires August 15, 1994 LOUIS MLt/NTOR,~May~r - City Clerk- APPROVED/Z~S TO FORM: DEPARTMENTAl. APPROVAL: IAI~R. SII~VERS, City Attorney M DUFFY, lJt~t Director Municipal Services Coordinator STATE OF WASHINGTON ) : SS. 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 mnnicipal 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 slated that they were authorized to execute said instrument on behalf of said corporation. 19~VEN under mY hand and official seal this ? day of ~gT~.~' , Not~i~-'~lJ{~blic in am{ t~or tl~e of Washington, residing at: . /'L/c'"') C.'C.4~,o./, / . . My appointment expires:' REEL 0658 FR 2S46 I ,,'To,,,,~ship. z, ¢ ~. Section ...... 5z- . ; .A' CO