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HomeMy WebLinkAboutERICKSON, NICHOLAS 200312220246' 12 02 08R I i� NICHO ER AGMT 423 00 Kttsap Co, WA Filed for Record at Request of When Recorded Return to Name City Clerk Address 239 Fourth Street Bremerton, WA 98337 Document Title: Improvements Agreement (without bond) Project Name: Erickson Short Plat Developer Name: Nicholas Erickson Location: 3tiM P I OE RD Tax Parcel #: 022401 -3- 048 -2003 Abbreviated Legal That portion of the N%2 of the NE' /4 of the SW' /4 , SEC 2, 24N, R1E, W M , m Kitsap Description Cnty, WA, descb as follows Beg at Inters of the W'ly line of Pine RD w /the S line of said subdiv, Thnc N2 *01'17 E along said W'ly line 206 ft to the TPOB of the tract herein descb, Thnc N89 *57'52 W 205 ft, Thnc N2 *01'17 E 106 ft, Thnc S89 *57'52 E 205 ft to the W'ly line of said RD, Thnc S2 *01'17 W along said W'ly line 106 ft to the TPOB except ROW for RD knwn as Pine RD 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, 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 a Frontage Improvement Agreement for future frontage improvements according to Ordinance 4856 Section 11 12 110 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 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 200312220246 Page 2 of 5 18122/2803 02 88P 1 NICHOLAS ERICKSON AGMT $23 06 Kitsap Co, WA 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 200312220 Page 3 of 5 1212212003 02 08P NICHOLAS ERICKSON AGMT $23 86 Kitsap Co, A EXHIBIT A THAT PORTION OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, SECTION 2, TOWNSHIP 24 NORTH, RANGE 1 EAST, W M, IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS BEGINNING AT THE INTERSECTION OF THE WESTERLY LINE OF PINE ROAD WITH THE SOUTH LINE OF SAID SUBDIVISION, THENCE N2 *01'17 E ALONG SAID WESTERLY LINE 206 FEET TO THE TRUE POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED, THENCE N89 *57'52 W 205 FEET, THENCE N2 *01'17 E 106 FEET, THENCE S89 *57'52 E 205 FEET TO THE WESTERLY LINE OF SAID ROAD, THENCE S2 *01'17 W ALONG SAID WESTERLY LINE 106 FEET TO THE TRUE POINT OF BEGINNING, EXCEPT RIGHT OF WAY FOR ROAD KNOWN AS PINE ROAD, AS GRANTED TO KITSAP COUNTY BY DEED RECORDED UNDER AUDITOR'S FILE NO 816403 EXHIBIT B Frontage Improvements to include curb, gutter, sidewalk, street lighting and associated pavement and stormwater conveyance improvements along 205 feet of East Pine Drive and 106 16 feet of Pine Road -- 20031222 P age 4 of 5 12122rZ003 02 OR I 09 Kitsap Co, WA NICHOLRS ERICKSON RGM` — OWNER(S) DATED Ni las E son STATE OF WASHINGTON) Staci L Erickson ss COUNTY OF KITSAP ) On this day personally appeared before me wlePOLA1 &x4rM j L EQ�K o 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 ND GIVEN under my hand and official seal this 2 Z, day o 5 2003 \ 1 /r�Q'�NALL • �F�l ; JAN 25 2007 lashi ry Public in an o the State of -► : �/ r ng at - F p r. esidi • 0 PU .• � . ppointment expires //z S z CO CITY OF BREMERTON ACCEPTED ©N` W EUGENE SAMPLEY, P E DIRECTOR OF PUBLIC WORKS & UTILITIES ,� - -- 200312220 { 1Zg2212WR2 08P j \ NICHOLRS_ ERICKSON _ AGMT $23 6 KitsaN Co! 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