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HomeMy WebLinkAboutCHURCHMAN, MORRIS AF A ' 1 200204040263 i 04/04/2002 03 56P BREM C ITY OF AGMT $13 00 Kitsap Co, WA J Filed for Record at Request of ASS 06 as X16V"P4C.E t-ulq `�g3c� 3 When Recorded Return to Name Cily Clerk Address 239 Fourth Street Bremerton, WA 98337 Document Title: Improvements Agreement (without bond) Project Name: Churchman Short Plat Developer Name: Morris Churchman Location: 205 E 31 Street Tax Parcel #: 112401 -2- 120 -2005 Abbreviated Legal A portion of the NW t /4 I n Section 11, Township 24 North, Range 1 East Description: Government Lot 1 Lot B of short Plat NO 6513 as recorded in vol 10 page 135 of Short Plats, Auditor's File NO 9402110149, records of Krtsap County, WA 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 PS00 -0028 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 matenalman'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 200204040263 04 02 £ 03 56P BREMERTON CITY OF AGMT $13 86 Kitsap Co, WA r-. d 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 OWNER(S) DATED Li Churchman Moms Churchman STATE OF WASHINGTON) ss COUNTY OF KITSAP ) On this day ersonally appeared before me LAb e n Ulr h and to me known m ividua (s) de nbed in and who executed A- — A , n fo going instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned GIVEN un \ \ \Illillllp / /1 / /�� � ��lanc cial seal this day of ,2002 0' jAE1VT ( ;�e,�G81.��' e 2 'O ° i •. ARY %k dh iip WAS�`� No ary Publ c in d forft tat r_ o n Washington, residing at r k, W/ ' My appointment expires 2 CITY OF BREMERTON ACCEPTED 9--Q.;t W EUGENE SAMPLEY, P E DIRECTOR OF PUBLIC WORKS & UTILITIES 1��jj 20020404 84/84/2662 03 56P I BR EMERTON__ $13 66 Kits_____ap CO WA i y EXHIBIT A 1 Lot B of Short Plat NO 6513 as recorded in volume 10 page 135 of Short Plats, Auditor's File NO 9402110149/0150 Being a portion of Government Lot 1 in the northwest quarter of the northwest quarter, Section 11, Township 24 North, Range 1 East, W M , Kitsap County, Washington Together with easements as depicted on the short plat Except for that conveyed to the City of Bremerton for right of way under Auditor's File NO 200111300531, records of Kitsap County, Washington, described as follows the north 30 feet of the east 123 63 feet of above described Lot B, Short Plat NO 6513 110204040263 04/ £ 04/200203 56P BREMER CITY OF AGMT $13 06 Kitsap Co, WA EXHIBIT B Frontage Improvements to include street lighting, curb, gutter, sidewalk, and associated storm conveyance piping 2002 Page o 64/0412002 03 56P ` BREMERT CITY OF AGMT $13 00 Kitsap Co, WR J 96068\LIDNOBND