HomeMy WebLinkAboutMALMBORG (3) Filed for Record at Request of
200404270449
Page 1 of 4
04/27/2004 04 02P
When Recorded Return to
GREGORY SPENCER AW $22 00 Kitsap Co, WA
Name City Clerk
Address 239 Fourth Street
Bremerton, WA 98337
Document Title: Improvements Agreement (without bond)
Project Name: New residence
Developer Name: Malmborg
Location: 1535 Pennsylvania Ave
Tax Parcel #: 3741 - 000 - 016 -0208
Abbreviated Legal The NE %4 of the NW 1 /a in Section 14, Township 24, Range 1 E Lot C2 of
Description: of Bremerton Short Plat NO 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 lien on the
Premises under procedures for a mechanic 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
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
200 404270449
Page 2 of 4
GREGORY SPE NCER AGMT $22 00 0 4 2 27 / 280 4 WR 4 02P
OWNERS)
DATED 1 I Z.!51 O(-)
Kenneth R Malmborg ,
STATE OF WASHINGTON)
ss
COUNTY OF KITSAP )
On this day personally appeared before me XAAeA.- O t , to me
known to be the individual(s) described in and who executed the within foregom strument,
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 Up( 2004
N sU E
��� �► —Pic
0&0 Aj6NrS
C;* ., p uBL \G : 2
;A
* 22. Sot �'�0!z. Notary Public in and for the State of
p ." o f oi i��v`?v`` Washington, residing at. , 0 r I t
My appointment expires Oq IWO
CITY OF BREMERTON
ACCEPTED
MICHAEL C MECHAM, P E
INTERM DIRECTOR OF PUBLIC WORKS & UTILITIES
2004042
0tE00
4 27 WR 4 SEP
Kitsap Co,
GREGORY SPENCER
RGMT 42 00
EXHIBIT A
LOT C2, CITY OF BREMERTON SHORT PLAT NO B -188 (SP- 03 -92) RECORDED UNDER AUDITOR'S
FILE NO 9205210124, BEING THE NORTH 40 FEET OF THE SOUTH 80 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
20040427
94/27/2604f 4 82P
GREGORY SPENCER RGMT $22 00 Kitsap co, WA
1535pennsylvanialMPRV doc