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Home My WebLink AboutSTAVIS BAY PROPERTIES LLC 200312040204 Page 1 of 5 12/84/2003 11 38R NORMAN K SNORT RGMT $23 00 Kitsap Co, WR 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: Short Plat Developer Name: STAVIS BAY PROPERTIES LLC Location: 1310 Whitney Tax Parcel #: 3755- 001 - 0006 -0003 Abbreviated Legal LOT 6 & THE N 33 FT OF LOT 7, BLK 1, PLAT OF HURTS BERRY Description: ADIT AS REC IN VOL 3, PG 28 OF PLATS RECORDS IN KITSAP COUNTY, WA, EXCEPT THE E 7 5 FT THEROF TOGETHER W/ THAT PORTION OF VAC ALLEY BY OPER OF LAW PER ORD NO 4661, REC UNDER AFN 3201484 :�z 14 T,2 4 y2 Q1 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, 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 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 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 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 4. Standards. Owner agrees to construct said improvements in compliance with City standards in effect at time of construction P 0 03 22 0 0 50204 NORMAN K SNORT RGMT $23 00 Kz 2 tsapCo, WR II 38R t t 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 200312040204 Page 3 of 5 NORMAN K SHORT AGMT $23 68 Kits apCo, WA IL 38R 1 1 rn1 OWNE R(S) DATED 01 � STAV Y RO IES LLC d STATE OF WASHINGTON) 1T�M CkC� -Q�1- ss COUNTY OF KITSAP ) On this day personally appeared before me Nd ►� l� �K:�' r , 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 Dec � 2003 o 11111111 111, DU C � NoTamr •� � �(,� � �itQi PUBLIC ,� 2 Notary Public in and for the State of ' C� � Washington, residing at - V r. 2d� i 1 4 , 8WA`�'�0% My appointment expires It !S 3Dn CITY OF BREMERTON ACCEPTED W EUGENE SAMPLEY, P E DIRECTOR OF PUBLIC WORKS & UTILITIES 2003 12040204 4 0 a NORMAN K SHO RT AGMT X23 06 1 WA 38R EXHIBIT A HURT'S BERRY ADDN LOT 6 AND THE NORTH 33 FEET OF LOT 7, BLOCK 1, PLAT OF HURTS BERRY ADDITION AS PER PLAT RECORDED IN VOLUME 3, PAGE 28 OF PLATS RECORDS IN KITSAP COUNTY, WASHINGTON; EXCEPT THE EAST 7.5 FEET THEREOF. TOGETHER WITH THAT PORTION OF VACATED ALLEY AS ATTACHES BY OPERATION OF LAW PER ORDINANCE NO. 4661, RECORDED UNDER AUDITOR'S FILE NO. 3201484, DATED AUG. 18,1999. EXHIBIT B Frontage Improvements to include curb, gutter, sidewalk, street lighting and associated pavement and stormwater conveyance improvements ® 037KanissSPimpr doc 200312040204 Page 5 of 5 1210412003 11 38A NORMAN K SHORT AGMT $23 Be Kitsap Co, WA I i I Map Layout Page 1 of 1 Kitsap County Parcel Search Legend Parcels Road Names Military E I I W f E I i � k E { I _13TH ST y k S f jf P ;5 -001 -006 -0003 Co r ht Krtsa p Do u nty 2003 DISCLAIMER This map is intended for display purposes only and is not intended for any legal representations [Click here to Print] http / /kcwppub3 co krtsap wa us /websrte/ parcelsearch /presentation/chameleon/PRINT ASP =INIT 2/12/2004