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HomeMy WebLinkAbout4675 BENITA PLACEFiled for Record at Request off I IIIII Ill Illl II II ! II II II I I When Recorded Return to:P~Je: 1 o£ 4 Nme: Ci~ Clerk BREMERTOH CITY 0[ fiGMT 111.80 Kitsap C0, W8 Ad&~s: 239 Fo~ S~eet Bremego~ WA 98337 Document Title: Outside Utilities Agreement Project Name: Single-faraily water service Developer Name: Larry Wandling Location: 4675 Benita Place Tax Parcel # 5128-000-001-0005 Abbre~dated Legal A potion of the ~ quarter of Section 02, Township 24 N, Range 1 E, W.M., Kitsap Description: County, WA; OUTSIDE UTILITI~,S AGREEMENT WItEREAS the Bremerton Municipal Code requires property outside the city boundaries to support annexation to the City of Bremerton as a cend/tiun for receiving City utilities (BMC 15.02.040 and 15.03.040); and WItEREAS 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, TItEREFORE, the undersigned owner (hereinafrer "Owner") of real property located at 4675 Bemta Place, I{itsap County, Washin~ov, (hereinal~er "Property"), legally described as: SEE ATTACRED EXHIBIT "A" and the City of Bremerton (hereinafter "City"), in consideration of the rnntual covenants set forth herein including the furnishing of utility services by the City of Bremerto~ do hereby promise and agree as follows: 1. Services Provided. City of Bremertun shall provide utility services consistent with service areas defmed by the CiW comprehensive utility plans as amended, and terms and conditions of a current Letter of Availability from the Bren~rton Utilities Deparanent. 2. Rates and C"narges. Owner shall pay when due all connection charges, assessments, and rates established for city utility services by City ord/nance for the Owner's user class. 3. Use. Development of the pr~rperty described above shall comply with the uses and development standards of City of Bremerton cornprehensive 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 1 4. Utilit~ Improvements. Water seradce for a single family residence. 5. Annexation. Owner, by signing below, grunts to the City of Bremerton a Limited Power of Attorney to include tiffs 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 usbun 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. Tiffs Power of Attorney is nonrevocable. 6. Enforcement. Violation ofthis Agreement may result in the immediate tennmation ofutilityservices to the above-described propexty as well as other remedies provided by law. 7. Covenants. The undersigned further agrees that this Agreement and the promise made herein cousfitute a covenant rumamg with the land und shall be binding upon the undersigned and his heft:s, successors, und assigns, and that this Agreement shall be filed for record in the office of the Kit. sap County Auditor. OWNER(S): /Y' V~o~la wandling J sx^x ov W^SmN ZO ) COUNTY OF KITSAP On th~s c~y~ before me, the undersigned, a No~5~ Public in and for the State of Washing~or~ personally appeared~/0~Y H)~m~.~ # /~ ~L),~,~4KJ.~ me known to be the individual(s) des~bed in und who executed the within and ~oregoing msm~menk und acknoMddged that he/she/they signed the same as his/ber/tbek fi:ee und voi~-nm~5, act and deed, for the uses and purposes therein mentioned. GIVEN ~mder my hand and official seal th~s (~ ~ thy of ~ ~'Ld~ ~ 2001 ,,,~ t ~ '" {.('~.. Notary Public in and for the State of V~ashington. · ": residing at: I'- : appoin ent exp es: EXHIBIT "A" A PORTION OF SECTION 02, TOWNSHIP 24 N.. R}uNGE 1 E.; WILLAMETTE MERIDIAN TAX ASSESSOR'S NUMBER 5128-000-001-0005 LEGAL DESCRIPTION Lot 1, Foothill Estates, according to Plat recorded m volume 25 of Plats, pages 242 and 243, in Kitsap County, Washin~on. O26 .~-**, 027 030 ,._2 N .... ---NE--r'. o21 j ,/oo8 009 ~'-~ ~ __ ' ~-; SSS_ -_. r ....... ~o.? o~ ES',gF; STP, FFT , Page BR£ilERTON CITY OF RGI1T $11 08 Kitsap Co, CITY OF BREMERTON DATED:~,,~'t~' O! BY:~'~ .)~, ~ LY~N S. HORTON, Mayor APPROVED AS TO FORM: RECEIVED FOR FILING: KATI~I~EN L. MCCLU~S~, City Clerk ~4675Benitaoua.doc BREMERTON CITY OF AGMT $11.8~ Ki%sap Co, WA Page 3 of 3