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HomeMy WebLinkAboutJACOBSON, BRIAN (4) 200405170076 Page 1 of 5 05117/2004 10 41A B J BUILDERS AGMT $23 00 Kitsap Co, WA Filed for Record at Request of When Recorded Return to Name Crtv Clerk Address 239 Fourth Street Bremerton, WA 98337 Document Title: Improvements Agreement (without bond) Project Name: Jacobson SFR Developer Name: Brian Jacobson Location: Lafayette Tax Parcel #: 102401 -1- 024 -2005 Abbreviated Legal THE NORTH 46 00 FEET OF THE WEST 130 00 FEET OF THE Description: FOLLOWING DESCRIBED PROPERTY THAT PORTION OF GOVERNMENT LOT 8, SECTION 10, TOWNSHIP 24 NORTH, RANGE 1 EAST, W M,1N KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS BEGINNING AT A POINT 184 00 FEET SOUTH OF THE CENTERLINE OF STATE STREET AND 30 FEET EAST OF THE CENTERLINE OF CENTRAL AVENUE, THENCE SOUTH 92 FEET, THENCE EAST 150 FEET, THENCE NORTH 92 FEET, THENCE WEST 150 FEET TO THE POINT OF BEGINNING 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 City of Bremerton 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 Linuted 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 mabihty 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 tune has been mutually agreed upon If the Owner fails to construct said unprovements 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 200405170076 Page 2 of 5 05/17/2004 10 41R B J BUILDERS AGMT $23 00 Kitsap Co, WA 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 200405170 Page 3 of 5 05117/2064 16 41R B J BUILDERS RGMT $23 09 Kitsap Co, WA G OWNER(S) DATED J —17- 2 dO Bn Jacobson STATE OF WASHINGTON) ss COUNTY OF KITSAP ) p On this day personally appeared before me (, e � �iq�08fd , to me known to be the individual(s) described in and who executed the within foregoing instrument, and acknowledged that he signed the same as a free and voluntary act and deed, for the uses and purposes therein mentioned GIVEN under my hand and official seal this 1 day of 14 Y 200 iWJ7's.2M a • s p(�BL�L ;�O Notary Public in and for the State of �� ®�•....•N�adi� Washington, residing at S /cl e� P WASs My appointment expires 1 5 - tr- CITY OF BREMERTON ACCEPTED MICHAEL MECHAM, P E INTERIM DIRECTOR OF PUBLIC WORKS & UTILITIES 20040517 page 4 of 5 65117/2004 16 41R B J BUILDERS RGMT $23 00 Kits* Co, WA EXHIBIT A THE NORTH 46 00 FEET OF THE WEST 130 00 FEET OF THE FOLLOWING DESCRIBED PROPERTY THAT PORTION OF GOVERNMENT LOT 8, SECTION 10, TOWNSHIP 24 NORTH, RANGE 1 EAST, W M, IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS BEGINNING AT A POINT 184 00 FEET SO UTH OF THE CENTERLINE OF STATE STREET AND 30 FEET EAST OF THE CENTERLINE OF CENTRAL AVENUE, THENCE SOUTH 92 FEET, THENCE EAST 150 FEET, THENCE NORTH 92 FEET, THENCE WEST 150 FEET TO THE POINT OF BEGINNING EXHIBIT B Frontage Improvements along the Lafayette Avenue right-of-way frontage to include curb, gutter, sidewalk, and associated storm conveyance piping ®037KamssSPunpr doc 200405170076 Page 5 of 5 B J BUILDERS AGMT $23 00 Kits p 2 Co, WA 10 41A