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HomeMy WebLinkAboutGARDNER, GORDON Jun -12 -97 14:40 AA CLEANING&ENV. 360 792 9340 P_02 Filed for Record at Request of. When Recorded Return to Name City Clerk Address 239 Fourth Strret Bremerton_ WA 98337 Document Title: Improvements Agreement Project Name: AA Cleaning and Environmental Developer Name: Gordon Gardner Location: 102 S Oyster Bay Ave Tax Parcel #: 4502- 001 -001 -0002 Abbreviated Legal Parcel I That portion of lots 1 and 2, block 1, Bremerton Heights, Description: according to the plat recorded in volume 3 of plats, page 41 IMPROVEMENTS AGREEMENT WHEREAS the City of Bremerton requires certain land developments to include public and pnvate 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 a Special Use Permit which requires construction of road frontage improvements according to SUP 97 -007 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 pronuse and agree as follows Jun -12 -97 14:41 AA CLEANING &ENV. 360 792 9340 P_03 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 fonned 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 -Wav Owner shall also obtain all other permits required to complete the improvements Jun -12 -97 14:41 AA CLEANING &ENV. 360 792 9340 P_04 i q Q D DATED o�r-� V �CA-or, c-, TATE OF WASHINGTON) ss CO Y OF KITSAP ) On th day personally appeared before me , to me known to be the ndrvidual(s) described to and who executed the within foregoing instrument, and acknowledged t they signed the same as their free and voluntary act and deed, for the uses and purposes therein m tioned GIVEN under my hand official seal this day of 1997 Notary Publio�in and for the State of Washington, residi g� at My appointment exp�r s CITY OF BREMERTON ACCEPTED W EUGENE SAMPLEY, P.E. DIRECTOR OF PUBLIC WORKS & UTILITIES • 03i0hi96 14:35 8 239 6153 f4TCCP -Dtn$3 01 I I CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT 1 STATE OF COUNTY OF ON BEFORE ME, Drat 1tPL! Or d#"NA •!C4 "Jma OERSONALLY APPEARED n�-e y -- NAM�(q oM 41oi+INq, � 0 - PROVED TO ME ON THE BAhI OF SA'I'1SFACTORY M SNCE to be the perrliot� ilvhos6 neme4e) i 'Gu� scribed to the �Irltlt n ln�Itrrwt»ent I nd a awl» ' edged to and of t halaWAher ex�rcu the same In hI authorized oaosol +' and that by h r eigrature(l on o bt» stnument the pe1'dnW, or the entity u n be- half of w hich the �rson� acted, execu the Instrument. ; I WITNESS m y hand and official seal. � MONICA ALVAREZ COMM #1089989 n pOjpR j pijBLIGCALIFGRNW n in SAPS DIEGO COUNTY ,,A� M Cojwiss +on Expires MARCH 13, 2000 IRNK M OF "am 'I own i OPTIONAL though the data below Is not required by law, h may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER D ESC R IPTION OF A TT ACHE D DO dUME � I M � ❑ INDIVIDUAL [3 CORPORATE OFFICER r rT� TITLE 6R TYPE OF DOCUMENT ❑ PARTNER(G) C] LIMITED C] GENERAL ❑TRUSTEE YIN FAOT I ❑ Q{UARDIAN/CON8ERVATOIR NUMBER OF (MFG ❑OTHER l _ III 81oNEa 13 REPRESENTINGi: DATE OF DOCUMENT NAMI OF PEMON(0) OR ENTRYPi e 8N ) OTHER THi Jun-12-97 14:41 AA CLEANING &ENV_ 360 792 9340 P_05 EMT _4 rS /C2330 LEGAL DESCRIPTION FOR 4502 - 001 -001 -0002 06/ "] BREMERTON HEIGHTS 1 PARCEL I: THAT PORTION OF LOTS 1 AND 2, BLOCK 1, BREMERTON 2 HEIGHTS, ACCORDING TO THE PLAT RECORDED 3 PLATS, PAGE 41, RECORDS OF KITSAP CO IN VOLUME 3 OF 4 DESCRIBED AS FOLLOWS: BEGINNING AT WASHINGTON, 5 SAID LOT 1; THENCE EAST ALONG THE NORTHWEST CORNER OF 6 FEET, THENCE SOUTH 112 FEET; TIiEN TS LINEpT�OF go 7 NORTH 112 FEET TO THE POINT OF BEGINNING. EXCEPT THAT 8 CERTAIN TRIANGLE IN THE SOUTHEAST CORNER THEREOF, BEING 4 9 FEET MEASURED ALONG THE SOUTH BOUNDARY AND 4 FEET MEASURED 10 ALONG THE EAST BOUNDARY; TOGETHER WITH THAT PORTION OF 11 VACATED IST STREET ADJOINING By ORDI E No. 43a0, CITY OF NANC 12 BREMERTON, DATED SEPTEMBER 9, 1991 W ATTACHED BY 14 NANC 13 OPERATION OF LAW; EXCEPT THE NORTH 15 FEET OF SAID VACATED PORTION CONVEYED TO THE CITY BY DEED RECORDED UNDER 15 AUDITOR'S FILE NO. 91 09200116. PARCEL II: AN EASEMENT FOR BREMERTON HEIGHTS 16 ACCESS PURPOSES 15 FEET IN WIDTH OVER A PORTION OF VACATED L 1ST STREET ABUTTING A PORTION OF LOTS 1 AND 2, BLOCK 1, 1s BREMERTON HEIGHTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 19 3 OF PLATS, PAGE 41, RECORDS OF KITSAP COUNTY, WASHINGTON, 20 SAID EASEMENT BEING ESTABLISHED BY DOCUMENT FILED UNDER 21 AUDITOR'S FILE NO. 9109200116. Jun 712 -97 14:42 AA CLEANING &ENV. 360 792 9340 P.06 Y EXHIBIT B DESCRIIPTION Ot IMPROVEMENTS 130 LINEAL FEET OF CURB AND GUTTER, SIDEWALK, AND ASSOCIATED STORM CONVEYANCE IMPROVEMENTS 9606MMNOBND I