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HomeMy WebLinkAboutPIAAT, JAMES , .~~ Filed for Record at Request of: /--~~---- - ~-)---- ~ -- --~ When Recorded Return to: BREMER TON CITY OF 200804010333 Agreement Reo Fee: $ 45.00 04/01/2008 03:27 PM Karen Flynn, Kitsap Co Auditor Page' 1 of 4 '\JII!III!illI~III!III~1II11111111111111111111"111111] 1111I1111111111111I1 11111 11111111I1111 Name: Address: City Clerk 345 Sixth Street Bremerton. W A 98337 Document Title: Project Name: Developer Name: Location: Tax Parcel #: : Abbreviated Legal Description: Frontage Improvements Agreement (without bond) E. 30th Street Four Lot Short Plat James Piatt th ' 346 E. 30 Street, Bremerton 112401-2-064-2003 A portion of the NE 14 of the NW 1I40fSEC 11, TWP 24 N, R 1 E, W.M. KITSAP COUNTY, W A. FRONTAGE IMPROVEMENTS AGREEMENT WHEREAS the City of Bremerton requires certain land developments to include public and private improvements including, but not limited to curbs, gutters, and sidewalks, street lights and storm water improvements, and pavement restoration, as a condition for plat 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 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: Page 1 of 4 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 "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 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 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 of4 /~ ~----~- BREMER TON CITY - ~276f~i868R63 jjep $01: 00 200804010333 Karen Flynn K' M ...11111111 III I11I11 IMI Ilmll ;Ii~ill mlllli"m,Nllillllll 1111111 III 11111 IIIIII/~;ililll 2 0' 4 ------------.-------~- DATED: ~~RC~ 1lJoo~ o::~~ Jamm:tt , -t:t(I Anne M. Piatt STATE OF WASHINGTON) : ss. COUNTY OF KITSAP ) On this day personally appeared before me ,}~ J ~. ;;.~ and A NAif!. m. P;41T ' to me known to be the individual(s) described in and who executed the within foregoing instiument, 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 sm day of //1 ti../t..ff JJ , 2008 t&l;~X~1{t/b~4_) No ary Pu ic in an fo the ate of Washington, residing at: 1b-tr/.4.A My appointment expires: /q -/.~j/) CITY OF BREMERTON ACCEPTED: r;;l; ~ PHIL WILLIAMS DIRECTOR OF PUBLIC WORKS & UTILITIES Page 3 of4 BREMER TON CITY 0 --- - ~E/~17~868Rec Fee $ fs 00 200804010333 Karen FI 03 27 PM J mlllm III '~/h1li jlmi~irMII mmmmrlillllulIlII'llllIII 11111111 IIIIII/Miililll 3 , f , -- - ----------------~------. . EXHIBIT THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., BEING DESCRIBED FOR TAX PURPOSES AS FOLLOWS: BEGINNING 30 FEET WEST OF THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER, SAID SECTION 11; THENCE NORTH 360 FEET; THENCE WEST 126 FEET TO THE TRUE POINT OF BEGINNING; THENCE WEST 126 FEET; THENCE NORTH 300 FEET, MORE OR LESS, TO THE NORTH LINE OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER; THENCE EAST 126 FEET; THENCE SOUTH 300 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING; EXCEPT THE SOUTH 11.87 FEET WHICH IS TO BE RESERVED FOR ROADWAY; TOGETHER WITH ALL THAT PROPERTY LYING EASTERLY OF A LINE DESCRIBED IN AUDITOR'S FILE NO. 200106260292, AND BEING DEPICTED ON A SURVEY RECORDED IN VOLUME 55 OF SURVEYS, PAGE 217, RECORDS OF KITSAP COUNTY, WASHINGTON. EXHIBIT B Installation of curb, gutter, sidewalk, street lighting, associated storm conveyance and associated pavement work. BREMERTON CITY OF 200804010333 Agreement Ree Fee: $ 45.00 04/01/2008 03.27 PM Page: 4 of 4 Karen Flynn, Kitsap Co Auditor ! 11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 Page 4 of4