Loading...
HomeMy WebLinkAboutMALMBORG a i 200311120073 Page 1 of 4 11. 08 48A �CM OF BR,EMERT A611T $22 00' 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 (without bond) Project Name: New residence Developer Name: Malmborg Location: 1549 Pennsylvania Ave Tax Parcel #: 3741 - 000 - 017 -0207 Abbreviated Legal The NE ' /4 of the NW % 4 in Section 14, Township 24, Range 1 E Lot 2 of Description: of Bremerton Short Plat NO B -191 in Daly's Garden Tracts 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 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 a new single family residence which requires improvements ,agreement according to The City of Bremerton requirements 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 I! t 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 mechamc 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 work performed within the City Right -of -Way Owner shall also obtain all other permits required to complete the improvements 200311120073 Page 2 of 4 CITY 4U BREMERTON__ RGMT � Gp Vitsap Co, � wA 8 48A O R(S) DATED Kenneth R Malmborg STATE OF WASHINGTON) ss COUNTY OF KITSAP ) On this day personally appeared before m e j�awei 14 1A41m bo&, , 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 day of 1 2003 P. Notary Pubilc m and f r the StA of �GF WASN�� Washington, residing at J My appointment expires CITY OF BREMERTON ACCEPTED 2 W EUGENE SAMPLEY, P E DIRECTOR OF PUBLIC WORKS & UTILITIES 200311120073 P 3 o f 08 48A �,_LIT'L OF BREMERTON A GM T 0 N0 WA i r EXHIBIT A Lot 2, City of Bremerton Short Plat NO B -191 recorded under Auditor's file NO 9205210127, being the north 40 feet of City of Bremerton Lot line adjustment filed under Auditor's file NO 920303401183, being a portion of Lot 17, Joseph Daly's Garden Tracts, according to the Plat recorded in volume 4 of Plats, page 22, records of Kitsap County, Washington EXHIBIT B Improvement agreement for installation of curb, gutter, sidewalk, street lighting and associated stormwater conveyance fronting Pennsylvania Ave for the above described property 20031 1 1 20073 j 1549pennsylvamaIMPRV doc page 4 of 4 11 12x2801 88 48A CITY OF BREMERTON AGMT $22 60 Kitsa Co, WR