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HomeMy WebLinkAboutSMITH, DUANE & ANAJANE !I Zy l 20020506 Page 1 of 4 @VeSZ2002 11 52A RES CONSULT f RGM T $1? 90 Kitsap 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 Project Name: Short Plat #01 -0034 Developer Name: Duane Smith, 4nala.. & e!�; , S`,, i 5 Location: 3110 Pine Road Tax Parcel #: 4585- 000 - 012 -0001 Abbreviated Legal The north half of Tract 12 , Manette Villa Tracts, as per Plat recorded in Description: volume 4 of Plats on page 95, records of Kitsap County IMPROVEMENT AGREEMENT WHEREAS the City of Bremerton requires certain land developments to include public and private improvements including, but not limited to gutters, sidewalks, curbs, street lights, street widening and stormwater improvements, as a condition for plat, P U D , or building permit, 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 a two lot short plat which requires frontage improvements according to City of Bremerton site plan review #PLO1 -0034 Improvements Agreement Page 1 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 Improvements Agreement Page 2 2 00205060043 Page AES C ONSULTANTS AGMT $12 0G KS � tsapCo, WA II 5SA JI 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 OWNER DATED Du e H Smith Anal 10G Smith STATE OF WASHINGTON) ss COUNTY OF KITSAP ) On this day personally appeared before me ta-" e 4- - and V i l L-- , 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 official seal this Z day of M c, y , 2002 N : z pZ otary Public in and for the State of ;o d � AVashington, residing at 1CirL1c 1a, j , ; My appointment expires CITY 9F BRE ON ��EOF��r' ACC E W Eugene Sampley DIRECTOR OF PUBLIC WORKS & UTILITIES Improvements Agreement Page 3 200205060043 Page 3 of 4 95/06/2002 11 52A 7 1AES CONSU AGM $12 8 8 Kitsa Co, WA EXHIBIT "A" The north half of Tract 12, Manette Villa Tracts, as per plat recorded in Volume 4 of Plats, page 95, records of Kitsap County, Washington EXHIBIT B Frontage improvements to participate in future curb, gutter, sidewalk, storm conveyance piping, street lighting and pavement miprovements along the Pme Road and E 31 Street frontage along the above described lot Improvements Agreement Page 4 P 0 020506 3 -- CONSULTANTS AAM T $1 ' So Kitsap WAIL 528