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HomeMy WebLinkAboutNORDBY, SCOTT Filed for Record at Request of When Recorded Return to KITSAP COUNTY CHCK Name City Clerk k < ' FILED-BY: CITY OF BRDERTON Address 239 Fourth Street MAY 209 19961 8:41 Ail KAREN FLYNN3 AUDITOR Bremerton WA 98337 CLERK: BEVANS IMPROVEMENTS AGREEMENT Project Name _ N ordby Short Plat SP -03 -96 Developer Narnj Scott Nordbv Location 330 Ft West of Pine Road on East 31 st Street Tax Parcel # 112401 -2 -058 -2001 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 , apprnwif and OEM�. 092 2 — — WHEREAS the undersigned, as owner of real property within the City of Bremerton, described in Exhibit "A" and attached hereto by reference herein, (hereinafter "Prerrnses ") has made application for Short Plat which requires road frontage improvements including but not limited to curb, gutter and sidewalk according to Short Plat # SP -03 -96 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 WROVEMENTS AGREEMENT 1 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 s irrevocable A. Fe *.- 9605200046 y REED.. 0911 FR 1 200 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 5. Permits. Owner shall obtain a Right -of -Way permit from the City for all woik performed within the City Right -of -Way Owner shall also obtain all other permits required to complete the improvements OWNER(S) DATED � STATE OF WASHINGTON) ss COUNTY OF KITSAP ) IIvTROVEMENTS AGREEMENT 2 On this day personally appeared before me Scoff 4 ICace ND2E to me known to be the individual(s) described in and who executed the within ore going instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned ` �,GI GIVEN under my hand and official seal tins j • � " �- } day of MC, 1 1996 Not bfi m and for the State of Washin gton, residing at , ! ox r My appointment expires (P - 19 -9F CITY, Oi BREAXRTON ACCE TED W EUGENE SAMPL , P E DIRECTOR OF PUBLIC WORKS & UTILITIES A. F. *.- 96052 0046 REEL 0911 FR 1 201 IIvTROVEMENi'S AGREEMENT 3 J File #91654 Scott Nordby Short Plat EXHIBIT A (1) January 24, 1996 PARCEL "1" LEGAL DESCRIPTION That portion of the West Half of the North Half of the Northeast Quarter of the Northeast Quarter of the Northwest Quarter of Section 11, Township 24 North, Range 1 East of the Willamette Meridian in Kitsap County, Washington, described as follows: COMMENCING at the Quarter Section corner common to Section 2 and 11, Township 24 North, Range 1 East, W.M.; thence North 89"17'44" West along the north line of said Section 11, a distance of 331.88 feet to the Northeast corner of said West Half of the North Half of the Northeast Quarter of the Northeast Quarter of the Northwest Quarter; thence South 00 °03'08" West along the east line of said subdivision, a distance of 179.20 feet to the TRUE POINT OF BEGINNING, thence continuing South 00 0 03'08" West a distance of 108.71 feet to a point in an existing fence; thence North 87°01'05" West along said fence a distance of 71.01 feet; thence South 85 0 14'27" West and continuing along said fence a distance of 19.13 feet; thence North 00 0 03'08" East a distance of 112.76 feet; thence South 86 0 05'08" East a distance of 90.18 feet to the TRUE POINT OF BEGINNING, TOr7FTHFR WITH an easement frr the purpose of ingress and egre:as to the above described property, over and across a strip of land 30 feet in width being 15 feet on each side of the following described centerline. COMMENCING at the Quarter Section corner common to Section 2 and 11, Township 24 North, Range 1 East W.M.; thence North 89 0 17'44" West along the north line of Section 11, a distance of 331.88 feet to the Northeast corner of the West Half of the North Half of the Northeast Quarter of the Northeast Quarter of the Northwest Half of said Section 11; thence South 00 0 03'08" West along the east line of said subdivision a distance of 164.18 feet to the TRUE POINT OF BEGINNING of said centerline; thence North 86 0 05'08" West along said centerline a distance of 332.47 feet to a point on the west line of said subdivision. A. REEL-091t � 0 _ File #91654 Scott Nordby Short Plat January 24, 1996 EXHIBIT A (2) PARCEL W LEGAL DESCRIPTION That portion of the West Half of the North Half of the Northeast Quarter of the Northeast Quarter of the Northwest Quarter of Section 11, Township 24 North, Range 1 East of the Willamette Meridian in Kitsap County, Washington, described as follows: COMMENCING at the Quarter Section corner common to Section 2 and 11, Township 24 North, Range 1 East, W.M.; thence North 89°17'44" West along the north line of said Section 11, a distance of 331.88 feet to the Northeast comer of said West Half of the North Half of the Northeast Quarter of the Northeast Quarter of the Northwest Quarter; thence South 00 0 03'08" West along the east line of said subdivision, a distance of 179.20 feet; thence continuing South 00 °03'08" West a distance of 108.71 feet to a point in an existing fence; thence North 87°01'05" West along said fence a distance of 71.01 feet; thence South 85 0 14'27" West and continuing along said fence a distance of 19.13 feet to the TRUE POINT OF BEGINNING; thence South 85 West and continuing along said fence a distance of 57.68 feet; thence North 00 0 03'08" East a distance of 121.48 feet; thence South 86 11 05'08" East a distance of 57.61 feet; thence South 00 0 03'08" West a distance of 112 76 to the POINT OF BEGINNING; TOGETHER WITH an easement for the purpose of ingress and egress to the above described property, over and across a strip of land 30 feet in width being 15 feet on each side of the following described centerline: COMMENCING at the Quarter Section comer common to Section 2 and 11, Township 24 North, Range 1 East W.M., thence North 89 0 17'44" West along the north line of Section 11, a distance of 331 88 feet to the Northeast corner of the West Half of the North Half of the Northeast Quarter of the Northeast Quarter of the Northwest Half of said Section 11, thence South 00 °03'08" West along the east line of said subdivision a distance of 164.18 feet to the TRUE POINT OF BEGINNING of said centerline; thence North 86 0 05'08" West along said centerline a distance of 332.47 feet to a point on the west line of said subdivision. Av F. * .- 9605200046 REEL 0911 FR 1203 File #91654 Scott Nordby Short Plat January 24, 1996 EXHIBIT A (3) PARCEL "3" LEGAL DESCRIPTION That portion of the West Half of the North Half of the Northeast Quarter of the Northeast Quarter of the Northwest Quarter of Section 11, Township 24 North, Range 1 East of the Willamette Meridian in IGtsap County, Washington, described as follows: COMMENCING at the Quarter Section corner common to Section 2 and 11, Township 24 North, Range 1 East, W.M.; thence North 89 °17'44" West along the north line of said Section 11, a distance of 331.88 feet to the Northeast comer of said West Half of the North Half of the Northeast Quarter of the Northeast Quarter of the Northwest Quarter; thence South 00 0 03'08" West along the east line of sa;d subdivision, a distance of 179.20 feet; thence continuing South 00 0 03'08" West a distance of 108.71 feet to a point in an existing fence; thence North 87°41'05" West along said fence a distance of 71.01 feet; thence South 85 11 142T' West and continuing along said fence a distance of 76.81 feet to the TRUE POINT OF BEGINNING, thence South 85 0 14 1 27" West and continuing along said fence a distance of 57.75 feet; thence North 00 0 03'08" East a distance of 130.21 feet; thence South 86 11 05'08" East a distance of 57.68 feet; thence South 00 0 03'08" West a distance of 121.48 to the POINT OF BEGINNING; TO FI HPP WITH an easement for the purpose of ingresc and agi ass to tile above described property, over and across a strip of land 30 feet in width being 15 feet on each side of the following described centerline: COMMENCING at the Quarter Section corner common to Section 2 and 11, Township 24 North, Range 1 East W.M., thence North 89 0 17'44" West along the north line of Section 11, a distance of 331.88 feet to the Northeast corner of the West Half of the North Half of the Northeast Quarter of the Northeast Quarter of the Northwest Half of said Section 11; thence South 00 0 03'08" West along the east line of said subdivision a distance of 164.18 feet to the TRUE POINT OF BEGINNING of said centerline; thence North 86°05'08" West along said centerline a distance of 332.47 feet to a point on the west line of said subdivision. A. F. * m 9605200046 R ED... 0911 FR 1204 EXHIBIT B Construct future road frontage improvements including but not limited to curb, gutter and sidewalk The improvements shall be constructed to City Standards in effect at the time 96227 A. F. 9605200046 R EEL 0911 FR 1205 MVROVEMENTS AGREEMENT 4