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Home My WebLink AboutTEBO, TOBY & DEBORAH if, , , c ~.., '"~' Filed for Record at Request of: When Recorded Return to: Name: Address: / : BREMER TON CITY OF 200804010332 , Rgreement Reo Fee: $ 45,00 Page' 1 of 4 I 04/01/2008 03: 27 PM, ' · Iiifllillll iIIIlilili III~ 1IIIIiwllllllllllllllll ~"IIIIllIIIIIIIIIIIIIIIIIIWI~1111111I1 ~"------ ~--,----- --------- City Clerk 345 Sixth Street Bremerton. W A 98337 Document Title: Project Name: 3201 Location: Tax Parcel #: Ab~reviated Legal Description: - Frontage Improvements Agreement (without bond) E 31st Street 2 Lot Short Plat Toby and Deborah Tebo 3201 Black Walnut Lane NE, Bremerton 022401-3-113-2003 A portion ofthe SW 1;4, of the SW 1;4 in Sec. 02, TWP 24 N R 1 E, W.M. in Kitsap County, W A. FRONTAGE IMPROVEMENTS AGREEMENT "--., , ,. . ~ .,~ WHEREAS the City of Bremerton requires certain land developments t6 include public an? private improvements including, but' not limited to curbs, gutters, and sidewalks, street lights, street widening, and stormwater improvements, and pavement restoration, as a condition for plat, P. U.D., or building permit; approval; and WHEREAS the undersigned, as owner of real property within the City of Bremerton, described in Exhibit "A" and attached hereto by reference herein, (hereinafter "Premises") has >. " '." . made application for short plat which requires future frontage improvements according to City of Bremerton Municipal Code. , , NOW, THEREFORE, the undersigned owner (hereinafter "Owner") and the City ofBiemerton (hereinafter "City"), iIl consideratio~ 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: Page 1 of 4 1. Local Improvement District. Owners, by signing below, grant to the City of Bremerton a Limited Power of Attomey 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 "B" encompassing all or part of the property 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 Attomey, except the Owner may protest the special benefit to the Premises. \:: This Limited Power of Attomey 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 those improvements, described in Exhibit "B", as directed by the City within six '(6) months 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 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. Page 2 of 4 BREMERTON CITY OF 200804010332 Rgreement Rec Fee' $ 45.00 Page: 2 of 4 04/01/2008 03:27 PM . l~ifllillll illl~III1III[II\\rlifllll IlllllII! 111\ IDI]I~ \III~ IJlt~n\ 1IIIIIIrnL "'~--~- ---~-- --~ DATED: 9j ';).0/8008 I OWNE=~&- Toby ebo 'J)( Deborah Tebo STATE OF WASHINGTON) : ss. COUNTY OF KITSAP ) . . On this day personally appeared before me Z; 66 fed 0 , 1>USt;MH T6.-(j' 0 and , to me known to e 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 J (;) day of f"/:i.& -U"A" Y , 2008 ~\\\\\\"'IIf"III"'IM ~\I, ,eERS ~% ~ CO\\~""'."........"~ ~ ~ ~~\SS'04'~~ ;II: ()1t:::>T ~\ ~ I r~~OTARY' , \ i \ _e.. j S :::; , bo .... tr'. . ~ ;:: 0:;, .,\. .ft r-utn.-'.... ....,: ~ ;::: ~ \I'~""U~' ^"..........O if ~ ;I" ... n'J 0.. ~ ~ ~ "'x:... 16 ':.... ~ ~ ~ . ~'O..:........).~~\~ ~ ~111l 'FWp..S 1.\\~ 11111"'"1111\11\\\\~ ~. ),1~-uJre-'.-.J Notary Public in and for the State of Washington, residing at: /C... 7-1' Y My appointment expires: 7' - / (, ~ J. 0 ( ( CITY OF BREMERTON ACCEPTED: Ck~ PHIL WILLIAMS DIRECTOR OF PUBLIC WORKS & UTILITIES . BREMERTON CITY OF' 200804010332 Rgreement Reo Fee: $ 45 00 Page: 3 of 4 04/01/2008 03.27 PM C R d. tor \\ifllif\\\ i\\lIf@ 1\lml~rlifl\\~ \n\~\rl\JI\ 1111\ \\~_l_\~~!I~\\l 1111\ ~I\~\\\\IIL . Page 3 of4 EXHIBIT Lel!al Description: Lot A Short Plat 5541 as recorded under Auditor's file NO. 9102140195; being the south 139 feet as measured along the east and west lines of the following described tract: The east half of the west halfof the west half of the southwest quarter of the southwest quarter of Section 2, Township 24 North, Range 1 East, W.M., except the south 30 feet for the east 31 5t Street as per deed recorded under Auditor's file NO. 912120105. Together with a triangular tract described as follows: Commencing at the northwest comer of the first above described tract; Thence east parallel with the south line of said Section 2 a distance of 60 feet to the point of beginning; Thence continue east 106 feet more or less to the east line of said east half of the west half of the southwest quarter of the southwest quarter; Thence north 20 feet along said east line of said subdivision; Thence southwesterly in a straight line to the point of beginning. Together with and subject to a non-exclusive easement for ingress, egress and utilities over, under and across the east 20 feet and a utility easement only over, under and across the west 5 feet of the following described tract: the south 369 feet as measured along the east and west lines ofthe east half ofthe west half of the west half of the southwest quarter of the southwest quarter of Section 2, Township 24 North, Range 1 East, W. M.. Except the south 30 feet for East 31 5t street. Subject to easement for sanitary and storm sewer, if any, as described in instrument recorded under Auditor's file NO. 7903140108. EXHIBIT B Installation of curb, gutter, sidewalk, street lighting, associated storm conveyance and associated pavement work. / -- ----------------~.- E 31 Street Tebo.doc BREMERTON CITY OF Agreement Ree Fee: $ 45 00 200804010332 04/01/2008 03:27 PM . 11i(rlnfllllrflflll~lliliiilllfrillliHrlm~~~!'" Imlll 11"111111"~I;imi"l ' 0' , Page 4 of 4