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HomeMy WebLinkAboutCAROL SUE ROGERS '-> Name: . / -' City Clerk 345 Sixth Street II~! !If!'111111111111 111111111111111111 1111111111111 ~~.o 6~~~ ~ 0323 NW TI TLE AGNT $35 _ &?/21/2&&6 &3 : 15P .~& Kltsap Co, WA When Recorded Return to: Address: Developer Name: Location: Tax Parcel #: Abbreviated Legal Description: Bremerton, WA 98337 (;vc4 cg:rD C; ()?) ? b Document Title: IMPROVEMENTS AGREEMENT (W/ODT BO!';rn) FOR DELAY OF SEWER MAIN IMPROVEMENTS Carol Sue Rogers 1300 Block Lakehurst Drive 1724 011 055 2000 NEW PARCEL B OF DECALARTION OF PETITION RECORDED UNDER AUDITOR'S FILE NO. 9607110131(}l S-. /?'1.'-/- 16'" EXCISE TAX EXEMPT AUG 2 1 2006 IMPROVEMENTS AGREEMENT WHEREAS the City of Bremerton requires certain land developments to include public sewer main extension and pavement restoration along the property frontage, as a condition for building pennit; approval; and WHEREAS the undersigned, as owner of real propeliy within the City of Bremerton, described in Exhibit "A" and attached hereto by reference herein, (hereinafter "Premises") has made application for building pennit which requires a sewer main extension according to City of Bremerton Municipal Code. NOW, THEREFORE, the undersigned owner (hereinafter "Owner") and the City of Bremerton (hereinafter "City"), in consideration of the City's approval of Owner's project and the mutual covenants set forth herein, the parties do hereby promise and agree as follows: .., 1. Local Improvement District. Owners, by signing below, grant to the City of Bremerton a Limited Power of Attorney to include this Agreement as Owner's consent to the formation of a Local Improvement District under RCW Ch. 35.43 for the construction of improvements on or abutting said property as described in Exhibit "A" as part of any Notice of Petition or Resolution presented to or by the City, for the purpose of performing any of said improvements. Owner agrees not to sign any petition to defeat a Local Improvement District formed by the use of this Limited Power of Attorney, except the Owner may protest the special benefit to the Premises. This Limited Power of Attorney is irrevocable. 2. Construction of Improvements. Upon the City's decision to have the improvements subject to this agreement constructed by the Owner rather than through a Local Improvement District, or the City's inability to form a Local Improvement District, the Owner shall construct a sewer main along the Northlake Way frontage of the parcel described in Exhibit "A", as directed by the City within one (1) year of notification by the City to construct said improvements, unless an alternative time has been mutually agreed upon. If the Owner fails to construct said improvements within the time described above, the City shall have the authority to construct said improvements and the costs of construction shall be assessed against the Owner and filed and recorded as a lien on the Premises under procedures for a mechanic and materialman's liens. 3. Covenant. The undersigned further agrees that this Agreement and the promises made herein constitute a covenant running with the land and shall be binding upon the undersigned and their heirs, successors, and assigns, and that this Agreement shall be filed for record in the office of the Kitsap County Auditor. 4. Standards. Owner agrees to construct said improvements in compliance with City standards in effect at time of construction. 5. Permits. Owner shall obtain a Public Utilities Construction Agreement and Right-of- Way permit from the City for all work performed within the City Right-of-Way. Owner shall also obtain all other permits required to complete the improvements. 111111111111111111111111111111111111111111 1111111111111 i~.06~~7 ~ ~3 23 PACIFIC NW TITLE AGNT 8?/21/2886 83: 15P $35.8& _Klts~ Co, WA DATED: 9.. /-06 ~::J&u~ STATE OF WASHINGTON) : ss. COUNTY OF KITSAP ) On this day persnnally appeared befnre me ad J4' ~;-5 , to me known to be the individual(s) described in and who executed the within foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this j5e day of Q9 "Be , 2~OOlo. Q/LJ Notary Public in and for the State of Washington, residing at: ;1C1C'$()t.jO a.. My appointment expires: ~-.:; 5,<;,)7 CITY OF BREMERTON ACCEPTED: G:Z; f/~ PHIL WILLIAMS DIRECTOR OF PUBLIC WORKS & UTILITIES 1111111 UIII 1111'11 1111' 111'111' I'IIUI III 11111 \\\\ 111\ ~;~~i~2~:~i \:31 ~p3 PACIFIC NW TITLE AGMT ~5,~~ Kltsap Co,_WA EXHIBIT A NEW PARCEL B OF DECLARATION OF PARTITION RECORDED UNDER AUDITOR'S FILE NO. 9607110131; THAT PORTION OF GOVERNMENT LOT 5, SECTION 17, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT N2*00'44 E 499.76 FEET, N89*26'12 W 41.18 FEET, N13*03'W 205.76 FEET FROM THE SOUTHEAST CORNER OF SAID GOVERNMENT LOT 5, SAID POINT BEING THE TRUE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED TRACT; THENCE N89*26'12 W 881.10 FEET; THENCE Nl*50'30 E 100.00 FEET; THENCE 889*32'19 E 842.41 FEET; THENCE S25*44'E 54.25 FEET; THENCE S13*03'E 52.82 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT ROAD; EXCEPT THE FOLLOWING DESCRIBED TRACT: BEGINNING AT THE SOUTHEAST CORNER OF THE ABOVE DESCRIBED TRACT; THENCE N13*03'W 52.82 FEET; THENCE N25*44'W 54.25 FEET; THENCE N89*32'19 W 290.00 FEET; THENCE Sl*50'30 W 100.00 FEET, MORE OR LESS, TO A POINT WHICH BEARS N89*26'12 W FROM THE TRUE POINT OF BEGINNING; THENCE S89*26'12 E TO THE TRUE POINT OF BEGINNING. 111111111111111111111111111111111111111111111 PACIFIC NW TITLE AGMT $35 . SS 200608210323 P <lge : 4 of 4 S8!21!2SS6 S3:15P Kits<lp Co, WA