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Filed for Record at Request of 20040427044$
Page 1 of 4
04/27x'2004 04 02P
GREGORY SPENCER AGMT $22 Be Kitsap Co, WR
When Recorded Return to
Name Crtv Clerk
Address 239 Fourth Street
Bremerton, WA 98337
Document Title: Improvements Agreement (without bond)
Project Name: New residence
Developer Name: Malmborg
Location: 1541 Pennsylvania Ave
Tax Parcel #: 3741 - 000 - 016 -0307
Abbreviated Legal The NE' /4 of the NW V4 in Section 14, Township 24, Range 1 E Lot C3 of
Description: of Bremerton Short Plat N B -188 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
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 hen on the
Premises under procedures for a mechanic 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
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
200404270448
Page 2 of 4
2
GREGORY SPENCER AGMT $22 00 Kitsap Co, WA 02P
t
OWNER(S)
DATED
Kenneth R Malmborg
STATE OF WASHINGTON)
ss
COUNTY OF KITSAP )
On this day personally appeared before me e- .t, A Q I WL Op , to me
known to be the individual(s) described in and who executed the within foregoing m trument,
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 Ir l day of pr 1 , 2004
���unu►r►�
Xv i VS T UR
��� �. �g810N �e '• G � ��i
a��� tARy�4� * s
�* PU :
�>,�T•gPR ;• �•� Notary Public in and for the State of
V ii.1 411 0 Vg PIS �`�� Washington, residing at dr WCL
My appointment expires o q 17-4a
CITY OF BREMERTON
ACCEPTED
4,1�-.00�
MICHAEL C MECHAM, P E
INTERM DIRECTOR OF PUBLIC WORKS & UTILITIES
20040427
page 3 of 4
04127'2004 04 02P
GREGORY SPENCER AGMT $22 00 K1tsap Co, WA
EXHIBIT A
LOT C3, CITY OF BREMERTON SHORT PLAT NO B -188 (SP- 03 -92) RECORDED UNDER AUDITOR'S
FILE NO 9205210124, BEING THE NORTH 40 FEET OF PARCEL C OF CITY OF BREMERTON LOT LINE
ADJUSTMENT FILED UNDER AUDITOR'S FILE NO 9203040183, BEING A PORTION OF LOT 16, JOSEPH
DALY'S GARDEN TRACTS, ACCORDING TO PLAT RECORDED IN VOLUME 4 OF PLATS, PAGE 11,
RECORDS OF KITSAP COUNTY, WASHINGTON, SUBJECT TO EASEMENTS ON SHORT PLAT MAP #SP-
03-92 AND EXCLUDING FIVE FEET OF RIGHT -OF -WAY DEDICATION ON EAST PROPERTY LINE AS
INDICATED ON THE MAP
EXHIBIT B
Improvement agreement for installation of curb, gutter, sidewalk, street lighting and associated
stormwater conveyance fronting Pennsylvania Ave for the above described property
200404270448
Page 4 of 4
04/27/2804 04 02P
GREGORY SPENCER AGMT $22 08 Kitsap Co, WR
1541 pennsylvanialMPRV doc