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HomeMy WebLinkAboutWEAVER, THOMAS ' 200312 PigQ 5 C S l2r'a2120 @� 6138E RGMT S23 @@ y;ltsap G0' WA DAPHNE WERUER 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: New SFR Developer Name: WEAVER THOMAS E JR Location: 1162 Pitt Avenue Tax Parcel #: 3914 - 002 - 006 -0108 Abbreviated Legal THE EIA OF LOT 6, BLK 2, DECATUR ACRE TRACTS, ACCRD TO THE Description: PLAT REC IN VOL 2 OF PLATS, PG 53, RECORDS OF KITSAP COUNTY, WA, EXCEPT THE W 28 90 FT AND THE S 25 FT THEREOF IMPROVEMENTS AGREEMENT WHEREAS the City of Bremerton requires certain land developments to include public and private improvements including, but not linuted 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 Building Permit 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 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 hen on the Premises under procedures for a mechamc and matenalman's liens 3. Covenant. The undersigned further agrees that this Agreement and the promises made herein constitute a covenant ruining 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 200312020285 Page 8 of 5 18/08/8003 81 38P DAPHNE WEAVER AGMT 423 08 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 200312020 page 3 of 5 1L?d�f'CAU3 01 38P DAPHNE WEAVER RGMT $23 00 Kits* Co, WR O R(S). DATED Z Z ? tb-�> WEAVER THOMAS E JR STATE OF WASHINGTON) ss COUNTY OF KITSAP ) On tlus day personally appeared before me `mss �_ `t vc�c . , to me known to be the mdividual(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 day of 2003 •pta"' � l Notary Publ and `fortte F . Washingto rest g at My appom typires CITY OF BREMERTON ACCEPTED 4 & � W EUGENE SAMPLEY, P E DIRECTOR OF PUBLIC WORKS & UTILITIES 2003120 12/02"2003£Wfl t 3SP DRFHME W�AUEk RGMT $23 0G Kit,sap Co) EXHIBIT A DECATUR ACRE TRACTS THE EAST QUARTER OF LOT 6, BLOCK 2, DECATUR ACRE TRACTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 53, RECORDS OF KITSAP COUNTY, WASHINGTON, EXCEPT THE WEST 28 90 FEET AND THE SOUTH 25 FEET THEREOF EXHIBIT B Frontage Improvements to include curb, gutter, sidewalk, street lighting and associated pavement restoration and storm drainage conveyance improvements n 037KamssSPimpr doc 200312020285 Page 5 of 5 IV02/2003 0138P DAPHNE WEAVER AGMT $23 08 Kitsap Co, WA