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HomeMy WebLinkAboutERLANDSEN, JANE ,< 4 56- 1 5,T2.4M,,0.1G. Filed for Record at Request of BREMERTON CITY OF 201103220166 When Recorded Return to Agreement Rec Fee $ 66 00 03/22/2011 12 33 PM Page 1 of 5 Walter Washington, Kitsap Co Auditor Name city Clerk I Illilll IIIIII III IIII 1111111 IIIII! IN IIII IIIII IIIII 1111111 III IIIII IIIII IIIII Ilil IN Address 345 Sixth Street Bremerton, WA 98337 Document Title: Frontage Improvements Agreement (without bond) Project Name: 5 New Houses Developer Name: Jane E Erlandsen Location: North Cambrian Avenue Tax Parcel #: 3733 - 004 - 001 - 0207,3733- 004 - 002 -0008, 3733 - 004 - 003 -0007, 3733 -004- 005- 0005,3733- 004 - 004 -0006 Abbreviated Legal Description:( FRONTAGE 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, and pavement restoration, 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 land subdivision which requires future frontage improvements according to City of Bremerton Municipal Code 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 Page 1 of 5 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 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 Page 2 of OWNER(S) l DATED STATE OF WASHINGTON) ss COUNTY OF KITSAP ) On this day personally appeared before me lo, t ' C rora S and , 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 Z - L- day of rG k , 2011 ,Notary Public Notary Pub is in and for the State of State of Washington Washington, residing at EMILY R ROSS My appointment expires My Appointment Expires Sep 26, 2013 CITY OF BREMERTON ACCEPTED DIRECTOR OF PUBLIC WORKS & UTILITIES Page 3 of 6 6 EXHIBIT A (Legal Description) 3733 - 004 - 001 -0207 CHARLESTON 1ST ADDN LOT 1, BLOCK 4, FIRST ADDITION TO CHARLESTON, ACCORDING TO THE PLAT RECORDED IN VOLUME 4 OF PLATS, PAGE 57, RECORDS OF KITSAP COUNTY, WASHINGTON. (ALSO KNOWN AS RESULTANT PARCEL 1 OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO. 200910010081, RECORDS OF KITSAP COUNTY, WASHINGTON.) 3733 - 004 - 002 -0008 CHARLESTON 1ST ADDN LOT 2, BLOCK 4, FIRST ADDITION TO CHARLESTON, ACCORDING TO THE PLAT RECORDED IN VOLUME 4 OF PLATS, PAGE 57, RECORDS OF KITSAP COUNTY, WASHINGTON. (ALSO KNOWN AS RESULTANT PARCEL 2 OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO. 200910010081, RECORDS OF KITSAP COUNTY, WASHINGTON.) 3733 - 004 - 003 -0007 CHARLESTON 1ST ADDN LOT 3, BLOCK 4, FIRST ADDITION TO CHARLESTON, ACCORDING TO THE PLAT RECORDED IN VOLUME 4 OF PLATS, PAGE 57, RECORDS OF KITSAP COUNTY, WASHINGTON. (ALSO KNOWN AS RESULTANT PARCEL 3 OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO. 200910010081, RECORDS OF KITSAP COUNTY, WASHINGTON.) 3733 - 004 - 004 -0006 CHARLESTON 1ST ADDN LOT 4, BLOCK 4, FIRST ADDITION TO CHARLESTON, ACCORDING TO THE PLAT RECORDED IN VOLUME 4 OF PLATS, PAGE 57, RECORDS OF KITSAP COUNTY, WASHINGTON. (ALSO KNOWN AS RESULTANT PARCEL 4 OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO. 200910010081, RECORDS OF KITSAP COUNTY, WASHINGTON.) 3733 - 004 - 005 -0005 CHARLESTON 1ST ADDN LOT 5, BLOCK 4, FIRST ADDITION TO CHARLESTON, ACCORDING TO THE PLAT j RECORDED IN VOLUME 4 OF PLATS, PAGE 57, RECORDS OF KITSAP COUNTY, WASHINGTON. (ALSO KNOWN AS RESULTANT PARCEL 5 OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO. 200910010081, RECORDS OF KITSAP COUNTY, WASHINGTON.) Page 4 of EXHIBIT B Installation of frontage improvements along the 149 94 foot frontage of North Cambrian Avenue, to include curb, gutter, sidewalk, street lighting, associated storm conveyance, associated pavement widening and pavement restoration l i Page 5 of 5