HomeMy WebLinkAbout4511 BENITA PLACE Filed for Record at Request of:
Name: CityClerk
Address: 239 Fourth Street
Bremetton,WA 98337
Document Title: Outside Utilities Agreement
Projeet Name: Single-family water service
Developer Name: Bob Vexgeer
Location: 4511 Benita Place
Tax Parcel # 5128-000-003-0003
Abbreviated Legal A potion of the NW quarter of Section 02, Township 24 N, Range 1 E, W.M., Kitsap
Description: County, WA;
OUTSIDE UTILITIES AGREEMENT
WHEREAS the Bremerton Municipal Code requires property outside the city boundaries to support
annexation to the City of Bremertun 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 Bmmerton shall provide utihty services consistent with service areas defined by
the City comprehensive utility plans as amended, and terms and conditions of a current Letter of Availability from thc
Bremertun Utilities Department.
2. Rates and Charges. Owner shall pay when due all connechon 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 Brcmerton comprehensive land use plan adopted pursuant to RCW 35.13.177 and any adopted subdivision
and street standards of the City of Bremerton.
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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 Owners consent to the annexation of the Property as part of any Notice of Intent or Petition
for Annexation Ixesented to the City of Bremerton.
The annexation petition supported by this Power may include propo~onal assumption of the City indebtedness
by the area to be annexed. The petition shall require the concurrent ado~,qon of land uses d~siguated 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 tbr annexed property as set forth in the Bremerton Zoning Code as amended.
This Power of Attorney is nonrevocable.
6. Enforcement. Vi~lati~n~ftinsAgreementmayresu~tmthenrcnediatetermInafi~n~futi~ityservi~est~the
above-described property as well as other remedies provided by law.
7. Covenants. The undersigned fiLrther agrees that this Agreement and the promise made herein constitute a
covenant nmmn~ 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):
DATED: "~ './C,-~? -~(_C~/ BY:
Bob P. Vergeer f
BY:
STATE OF WASHINGTON )
: SS.
COUNIW' OF KITSAP )
O~r~ d,~h b,e~or.e mea ~ undersigned, a Notary Public in and for the State of Washington, personally
appeared _~l/w 1'/ ~/~ ~, to rne known to be tbe individual(s) described in and who executed
the within and lbregoing h~st~uncm, and ack~xowledged that he/~q~4hzy signed the same as his/t~dlheir free and
voluntary act and deed, for the uses and proposes therein mentioned.
GIVEN under my hand and official seal this ~day ofX~) ~ ~ 2001
ff ~' PUBLIC : ), NCPublicinandfortheStateofWashington,
t~ ~' . State of . ~/~ residing at:
I~,% ".B/hshingt°n "& ,~ My appointtnent expires:
CITY OF' BR£HERTON RGHT $11.88 Kitsap
CITY OF BREMERTON
DATED:~-~4~-O/ BY: ~ ~ ~
· RTON, Mayor
DEPARTM~ ~
W. EUGENE SAMPLEY, Direc~r of Public Works and Utilities
APPROVED AS TO FORM:
DAVID StPIERRE, Assistant Bremerton City Attorney
RECEIVED FOR FILING:
KATHLEEN L. MCCLUSKEY, City Clerk
[]4511 Benitaooa.doc
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CITY OF BREMERTON RG~T $11.88 Kitsap Co, W8
EXHIBIT "A"
A PORTION OF SECTION 02, TOWNSH~ 24 N., RANGE 1 E.; WILLAMETTE MER~IDIAN
TAX ASSESSOR'S NLrMBER 5128-000-003-0003
LEGAL DESCR~TION
Lot 3, Foothill Estates, according to Plat recorded in volume 25 of Plats, pages 242 and 243, in
Kitsap County, Washin~on.
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