HomeMy WebLinkAbout4608 BENITA PLACE
Filed for Record at Request of:
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CITY OF BRD1ERTOt-l AGt1T t:2, 00 KitSdp Co! WA
When Recorded Return to:
Name:
Address:
City Clerk
239 Fourth Street
Bremerton, W A 98337
Document Title:
Project Name:
Developer Name:
Location:
Tax Parcel #
Abbreviated Legal
Description:
Outside Utilities Agreement
Single- family water service
Phillip and Polly Jankowski
4608 Benita Place
5128-000-010-0103
Lot 10, Foothill Estates, according to Plat recorded in Vol. 25 of Plats, Pages 242- 243.
A potion of the NW quarter of Section 02, Township 24 N, Range 1 E, W.M., Kitsap
County, W A;
OUTSIDE UTILITIES AGREEMENT
WHEREAS the Bn;merton Municipal Code reqUITes 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
WHEREAS the undersigned, as owner of a parcel outside the City of Bremerton, has made application for city
utilities;
NOW, THEREFORE, the undersigned owner (hereinafter "Owner") of real property located at 4511 Benita
Place, Kitsap County, Washington, (hereinafter "Property"), legally described as:
SEE ATTACHED EXHIBIT "A"
and the City of Bremerton (hereinafter "City"), in consideration of the mutual covenants set forth herein including the
furnishing of utility services by the City of Bremerton, do hereby promise and agree as follows:
1. Services Provided. City of Bremerton shall provide utility services consistent with service areas defmed by
the City comprehensive utility plans as amended, and terms and conditions of a current Letter of Availability from the
Bremerton Utilities Department.
2. Rates and Charges. Owner shall pay when due all connection charges, assessments, and rates established
for city utility services by City ordinance for the 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 adopted pursuant to RCW 35.13.177 and any adopted subdivision
and street standards of the City of Bremerton.
Page 1 of 4
4. Utility Improvements.
Water service for 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 adopted, the land
uses for annexed property as set forth in the Bremerton Zoning Code as amended.
This Power of Attorney is nomevocable.
6. Enforcement. Violation of this Agreement may result in the immediate termination of utility services to the
above-described property as well as other remedies provided by law.
7. 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 the office of the Kitsap County Auditor.
OWNER(S):
(p/J 1- ()~J.j
DATED:
STATEOFWASHINGTON )
ss.
COUNTY OF KITSAP
~~ J~
BY: I ~~ i.ec .J<
Phillip ~o .
BY ! '1J""'/e.rosl.
Polly Janko '
(/
On ~s d~y, before me, the undersigned, a Npfary Public in and for the, State of Washington, personally
appeared PA II (l) and '~Qll" ULiJ'lkDlo'5..b , to me known to be the
individual(s) descri ed in and who executed the within and foregoing instrument, and acknowledged that he/she/they
signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this ---.iL day of -9'LJt 1.
, 2004
i:;xu .0 ~L) I:J1 tI N
Notary Public in and for the State of Washington,
residing ~t: (.\-~.J~l-P {!muLh.g--
My appomtment expIres: '-':60-0(1-'.
111111 11111" 11111 II II
200408300151
P<tge: 2 of 4
08/30,'2004 03: 41 A
Ki t.s<tp Co! ~lA
C ITV OF BREt1ERTot-l
AGt1T :t22 , 00
DATED: 7~/5~OY
1\i'14608Benitaoua.doc
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CITY or BREMERTON
AGr1T $"22. 00 ~itsap COI WA
Page 3 of 4
EXHIBIT" A"
A PORTION OF SECTION 02, TOWNSHIP 24 N., RANGE 1 E.; WILLAMETTE MERIDIAN
TAX ASSESSOR'S NUMBER 5128-000-010-0103
LEGAL DESCRIPTION
Lot 10, Foothill Estates, according to Plat recorded in volume 25 of Plats, pages 242 and 243, in
Kitsap County, Washington.
34 35
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