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Home My WebLink AboutSTEWART, WAYNE 'l 1 - 7 Zyv 4 $11e00KITSAF COUNTY CHCK FILED —BY: BREMERTON CITY O FEB 201 49 9:34 AN Filed for Record at Request of When Recorded Return to Name City Clerk KAREN FLYNNi AUDITOR LERK: FREEMAN Address 239 Fourth Street a F m ® 9602200DKt9 Bremerton, WA 98337 REEL 0897 FR 1160 IMPROVEMENTS AGREEMENT i Project Name Stewart Short Plat Developer Name Wayne Stewart Location 1186&1200 Kitsap Lake Rd NW Tax Parcel # 172401 -2- 026 -2004 WHEREAS the City of Bremerton requires certain land developments to include public and private improvements including, but not limited to gutters, sidewalks, curbs, street lights, street widening and stormwater improvements, as a condition for plat, P U D , or building perrmt, approval , and WHEREAS the undersigned, as owner of real property withid the City of Bremerton, described in Exhibit "A" and attached hereto by reference herein, (hereinafter "Premises ") has made application for a Short Plat which requires road frontage improvements including but not limited to curb, gutter and sidewalk according to Short Plat #SP -09 -95 NOW, THEREFORE, the undersigned owner (hereinafter "Owner") and the City of Bremerton (hereinafter "City"), in consideration of the Eify'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 IMPROVEMENTS AGREEMENT 1 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 Kmtsap 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 OWNER(S) DATED STATE OF WASHINGTON) ss COUNTY OF KITSAP ) �� R EEL � 561 MTROVEMENTS AGREEMENT 2 On this day personally appeared before me W 4 `r e ��-� �,,, �,,, y , 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 v L day of F�br�.a , 1996 Notary Public in and for the State of Washington, residing at ev- -Vo My appointment expires i 6 CITY O ACCE T GERM NOTARY F`LIe LIB �r��5� W. EUGENE SAMPLEY, P.E. .01 M Commission Exp 1() ,> DIRECTOR OF PUBLIC WORKS & UTILITIES . Fm . 96132200049 FEEL 0897 FR 1 562 96071 IMPROVEMENTS AGREEMENT 3 LOT A LEGAL DESCRIPTION THAT PORTION OF GOVERNMENT LOT 2, SECTION 17, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE SECTION LINE NORTH 1 31' 18" EAST 1024.65 FEET FROM THE SOUTHWEST CORNER OF SAID GOVERNMENT LOT 2; THENCE SOUTH 89 22'40" EAST 1096.66 FT TO THE EASTERLY MARGIN OF KITSAP LAKE ROAD NW; AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 89° 22' 40 "EAST 283 14 FEET TO THE SHORE OF KITSAP LAKE: THENCE ALONG THE LAKE SHORE SOUTH 9° 15'55" EAST 52.80 FEET; THENCE NORTH 89° 46' 31 "WEST 269.04 FEET TO THE EASTERLY MARGIN OF KITSAP LAKE ROAD; THENCE ALONG SAID EASTERLY MARGIN NORTH 22 39'05" WEST 58 65 FEET TO THE TRUE POINT OF BEGINNING. LOT B LEGAL DESCRIPTION THAT PORTION OF GOVERNMENT LOT 2, SEC'T'ION 17, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE SECTION LINE NORTH 1 31' 18" EAST 1024 65 FEET FROM THE SOUTHWEST CORNER OF SAID GOVERNMENT LOT 2; THENCE SOUTH 89° 22'40 " EAST 1096.66 FEET TO THE EASTERLY MARGIN OF KITSAP LAKE ROAD NW; THENCE ALONG SAID EASTERLY MARGIN SOUTH 22° 39' 05" EAST 58.65 FEET TO THE TRUE POINT Of BEGINNING; THENCE CONTINUING ALONG SAID EASTERLY MARGIN SOUTH 22 39'05" EAST 64 05 FEET; THENCE NORTH 88 39' 12" EAST 252.94 FEET TO THE SHORE OF KITSAP LAKE; THENCE ALONG THE LAKE SHORE NORTH 9° 15'55" WEST 52.80 FEET; THENCE NORTH 89" 46'31 " WEST 269.04 FEET TO THE TRUE POINT OF BEGINNING. A . F m - 9602200049 REEL 0897 FR 1563 i EXHIBIT B Construct future road frontage improvements including but not limited to curb, gutter and sidewalk The improvements shall be constructed to City Standards in effect at the time a Fa = 9602200049 REEL 0897 FR 1 564