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HomeMy WebLinkAboutMILLER, LAUREEN . . . .. ' Filed for Record at the Request of: When Recorded Retum to: City Clerk 345 Sixth Street Bremerton, WA 98337 r Document Title: Project Name: Miller Short Plat BP 07 00027 Developer Name: Laureen Miller � Location: 2714 Marine Drive, Bremerton ., Abbreviated Legal Description: NE'/4, NE'/4, Section 9, Township 24, Range` 1 E. W.M�.; ''� 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 stortnwater improvements, and pavement restoration, as a condition for plat, P.U.D., or building permit approval; and _ _ _ �' ' _ r 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: 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 1 . ' 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 material man'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 in the City Right-of-Way. Owner shall also obtain all other permits required to complete the improvements. DATED: � °�� � � OWNE S: 2 � STATE OF WASHINGTOl� :ss COUNTY OF KITSAP ) On this day personally appeared before me � a�'`��' �' ��� '� � ���� 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 o� �`"`� day of the month of �j�rf L , 2010. � C ���''y`"`�� ��� . Ip � � �� Notary Public in and for the State of��� � �� �, Washington, residing at /o�' � e - � � � ;�� ,�,�, ,��...r�� '' N � ''''�►►,�►�����„� l 3 My appointment expires: � " � � r CITY OF BREMERTON ACCEPTED: � DIRECTO OF PUBLIC WORKS AND UTILITIES 3 EXHIBIT A TAX PARCEL NUMBER: LEGAL DESCRIPTION OF PARCEL: Resultant Paxcel B of Boundary Line Adjustment recorded under Auditor's File No. 200608310110, records of Kitsap County, Washington, described as follows: beginning at the Southeast Corner of Government Lot 9 in Section 9, Township 24 North, Range 1 East, W.M.; thence along the South line of said Government Lot 9, North 89°27'45" West for a distance of 531.10 feet to a point on the Easterly right- of-way line of Marine Drive; thence along said right-of-way line, North 00°20' 15" East for a distance of 135.96 feet; thence North 79°45'37" East for a distance of 152.41 feet; thence North 74°51'S7" East for a distance of 186.95 feet; thence South 89°27'45" East for a distance of 162.40 feet to a point on the Government Meander Line; thence along said Meander Line, South 09°51'42" East for a distance of 218.55 feet to the point of beginning; together with Second Class Tidelands adjoining thereon; situate in the city of Bremerton, County of Kitsap, State of Washington. 4 EXHIBIT B Installation of frontage improvements along the 137 foot frontage of Marine Drive, to include curb, gutter, sidewalk, street lighting, associated storm conveyance, associated pavement widening and/or associated pavement restoration. 5