HomeMy WebLinkAboutCREASAP, DANIEL r •
Filed for Record at Request of. DA NIEL
Asreement RRESAP 201004210044
04/21/2010 09:43 AM$ 66.00
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When Recorded Return to: - - -- --
Name: City Clerk
Address: 345 Sixth Street
Bremerton, WA 98337
Document Title: Frontage Improvements Agreement (without bond)
Project Name:
Developer Name: Daniel Cresap
Location: 2924 Eagle Avenue 2920 Eagle Avenue
Tax Parcel #: 112401 -1 -100 -2001 112401 -1- 101 -2000
Abbreviated Legal
Description: See Exhibit A Page 4
A FN 0Y,3 a�Gv
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, 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 land subdivision 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 5
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 of 5
OWNER(S):
DATED: y' Z-1- /°
STATE OF WASHINGTON)
: ss.
COUNTY OF KITSAP )
On this day personally appeared before me = tan d oynebl a =c? and
6Z , 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 off 1 ' g 1 seal this day of , 2010
0Xilll{► II!11111
\`�� 00 D8
U o`�Z Notary hblic in and for the State of
N
Washington, residing at:
�f My appointment expires:
ST&T �
CITY OF BREMERTON
ACCEPTED:
C•
DIRECTOR OF PUBLIC WORKS & UTILITIES
Page 3 of 5
EXHIBIT A
(Legal Description)
11241E
LOT B, CITY OF BREMERTON SHORT PLAT NO. B -317, (CRESAP SHORT PLAT BP07-
00047), RECORDED UNDER AUDITOR'S FILE NO. 200809230200, IN VOLUME 20 OF
SHORT PLATS, PAGE 187, BEING A PORTION OF THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER, SECTION 11, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., And
RECORDS OF KITSAP COUNTY, WASHINGTON. TOGETHER WITH AND SUBJECT TO
EASEMENTS AS DEPICTED ON SAID SHORT PLAT.
11241E
LOT A, CITY OF BREMERTON SHORT PLAT NO. B -317, (CRESAP SHORT PLAT BP07-
00047), RECORDED UNDER AUDITOR'S FILE NO. 200809230200, IN VOLUME 20 OF
SHORT PLATS, PAGE 187, BEING A PORTION OF THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER, SECTION 11, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., And
RECORDS OF KITSAP COUNTY, WASHINGTON. TOGETHER WITH AND SUBJECT TO
EASEMENTS AS DEPICTED ON SAID SHORT PLAT.
Page 4 of 5
EXHIBIT B
Installation of frontage improvements along the 100 foot frontage of Eagle Avenue to include
curb, gutter, and sidewalk, street lighting, associated storm conveyance, associated pavement
widening and pavement restoration.
Page 5 of 5