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Home My WebLink AboutBRONS, PAUL Filed for Record at Request of When Recorded Return to Name City Clerk Address 239 Fourth Street Bremerton, WA 98337 IMPROVEMENTS AGREEMENT Project Name Brons Short Plat Developer Name Paul Brons Location 1708 Park Avenue Tax Parcel # 132401 -2 -001 -2007 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 construction of sidewalk along the street frontageShort Plat according to SP 96 -0006 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 Improvements Agreemerrt 8/5/96 Page #I 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 hens 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 work performed within the City Right -of -Way Owner shall also obtain all other permits required to complete the improvements J OWNER(S) � ; nD DATED �, "J 4-� STATE OF WASHINGTON) ss COUNTY OF KITSAP ) IMPROVEMENTS AGREEMENT 8/5/96 Page # 2 On this day personally appeared before me v% g , 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 t Zr1 of 1996 rr GERALD P THORNBURGH �n NOTARY PUBLIC - WASHINGTON .rte Notary Public in and for the State of My Commission Expiresl2- 16r9�� - Wasliingtori ' - 'di' ( JQUV�1�'N-�i , g My appointment expires ' CITY OF BREMERTON ACCEPTED W EUGE9E SAW DIRECTOR OF PUBLIC WORKS & UTILITIES 96531 MPROVEN ENTS AGREEMENT 8/5/96 Page # 3 , EXIIIBIT A LOT ' W* of City of Brei nerton Short Plat No _ being more thoroughhv described as fo,iows That portion of Gov't lot 1, Section 13, Township 24 North, Rarge 1 East, Willamette Meridian, in Kitsap Cot nty, Wa described as follows Beginning at a iDoint on the West boundary line of said section 13, 2080 feet North of the Quarte f section corner of said Section 13, Thence perpendicular to sz d West line of Section 13, S "9 E, 179 75 feet to the Gov't Meander line of Dye's inlet, Thence along said Govt meancier line N 37°11'74" W, 35 46 feet, Thence continuing along saica Gov't meander; ne S 47° $ 1'04" E to the West line of said section 13, Thence South alon; the west line of section 13 to the -Point of begin ning EXCEPT the west 22.50 feet for Park Avenue EXCEPT that prtion lying Northwesterly of the following described line Begin -ting at a point or. the West boundary line of said section 13, 20F3 feet North of the Quarter = _c'- , -rarer of said Sectieri 13, Thence perpendicular to said Wesl line of Section 13, -- - " 5 by t 15 5 t a'distan .e or [2 5u to trie east rc�gnt of -vvay iu�8 of Pc r�: fiVvi�ue; T rierwe - -- - -- N 00 702" E, along said East Right -of -Way 44 00 feet, Thence S 89'02'58" E, 35 33 teet, Thenci N 45 E 54 79 feet to the Gov't meander line of Dye's inlet and the TRUE POINT OF BE GINNING, Then.- S 45 °57'02" W, 54 79 feet, Thence N 89 °02 58" W, 35 33 feet, to the East Fight-of-Way margin of Park Avenue TOGETHER WITH all tidelands as conveyed by the State of V► ashington situated in front of, adl3centto and abutting thereon LOT " B_' of City of Bremerton Short Plat No being more thoroughly described as follows That portion of GoVt lot 1, Section 13, Township 24 North, Rarge 1 East, Willamette Mend an, in Kitsap County, Wa described as follows Beginning at a point on the West boundary line of said sectior 13, 2080 feet North of the Quarter section corner of said Section 13, Thence perpendicular to said West line of Section 13, S 39 E, 179 75 feet to the Gov't Meander line of Dye's inlet, Thence along said Gov't meander line N 37 °11'04" W, 35 46 feet, Thence continuing along said GoVt meander line S 47 °11`04" E to the West line of said section 13, Thence South along the west line of section 13 to the Point of beginning EXCEPT the west 22 50 feet for Park Avenue EXCEPT that portion lying Northwesterly of the following described line Beginning at a point on the West boundary line of said section 13, 2080 feet North of the Quarter section comer of said Section 13, Thence perpendicular to said West line of Section 13, S 89 °02'58" E a distance of 22 50 to the east Right -of -Way line of Park Avenue, Thence N 00 °5T02" E, along said East Right -of -Way 9918 feet, Thence N 45 °57'02" E, 37 26 feet to the GoVt meander line of said Section 13 and the TRUE POINT OF BEGINNING, Thence S 45 °57'02' W, 37 26 feet to the East Right -of -Way Margin of Park Avenue EXCEPT that portion lying Southeasterly of the following described line Beginning at a point on the West boundary line of said section 13, 2080 feet North of the Quarter section corner of said Section 13, Thence perpendicular to said West line of Section 13, S 89 °02'58" E a distance of 22 50 to the east Right -of -Way line of Park Avenue, Thence N 00 °5T02" E, along said East Right -of -Way 44 00 feet, Thence S 89 0 02'58" E. 35 33 feet, Thence N 45 0 57'02" E 54 79 feet to the GoVt meander line of Dye's inlet and the TRUE POINT OF BEGINNING, Thence S 45 °57'02" W, 54 79 feet, Thence N 89 35 33 feet, to the East Right -of -Way margin of Park Avenue Together with, all tidelands as conveyed by the State of Washington situated in front of, adjacent to, and abutting thereon SUBJECT TO an easement for the City of Bremerton for access to, and maintenance of existing utilities as originally recorded under AFN 8401240106 and amended by a partial re- conveyance via quit claim deed recorded under AFN 9507210041 (both being records of Kitsap County, WA) TOGETHER WITH all tidelands as conveyed by the State of Washington situated in front of, adjacent to and abutting thereon Improvements Agreement Page 4 EXHIBIT B 50 Lineal feet of concrete cast -in -place sidewalk The width shall match the existing sidewalk width The sidewalk shall be constructed in accordance with the Road Standards. It shall be 4 inches thick and shall be placed over 4 inches of 5/8 inch minus crushed rock Work to be completed within six months of short plat approval IMPROVEMENTS AGREEMENT 8/5/96 Page # 5 r - Helm Hom 22421 FOSS R®. Pa u/ t� POULSBO, WA. 98370 y5I0( _ 779 -4663 DATE QUANTITY DESCRIPTION UNIT PRICE AMOUNT S� L� CJt � -� �� ?" •�� Please make check payable to Tim Helm. !� CUSTOMER SIGNATUR / l i t