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HomeMy WebLinkAboutSALVATION ARMY Return Address City Clerk City of Bremerton 3456 h Street, Suite 600 Bremerton, WA 98337 BREMERTON CITY OF 201402120063 Agreement Rec Fee $ 77 00 0 ?/17/2014 10 21 AM Page of 6 Walter Washington, Kitsap Co Auditor 1111' 111 111111 111 hi 1111111111111111 11111111111111111111111 11111111111111111111111111111111 AUDITOR/RECORDER'S INDEXING FORM Document Title(s) I Frontage Improvements Agreement (without bond) Reference Number(s) of Documents assigned or released Grantor(s) 1 Salvation Army 0 Additional names on page of document Grantee(s) 1 City of Bremerton 0 Additional names on page of document Legal Description LOTS 22, 23, 24 AND 25, BLOCK 1, NELSON'S ADDN, AS RECORDED IN VOLUME 2 (abbreviated) OF PLATS, PAGE 87, RECORDS OF KITSAP COUNTY, WASHINGTON Additional legal is on page 5 of document Assessor's Property Tax Parcel /Account Number 3779- 001 - 022 -0104 Project Name Sally's Place 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 impiovements, 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 Pagel of 5 Rev 06/12 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 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. Page 2 of 5 Rev. 06112 5. Permits. Owner shall obtain a Right -of -Way permit from the City for all work performed withm the City Right -of -Way Owner shall also obtain all other permits required to complete the improvements OWNER(S)- TREASURER DATED• btt W Asst Secretary STATE OF WASHINGTON ) ) ss COUNTY OF KITSAP ) On this day of , 2013, re me a Notary Public in and for the State of Washington, personally appeared to me known to be the of a corporation that cuted the foregoing instrument, and acknowledged it to be the free and voluntary act and of the corporation, for the uses and purposes mentioned in this instrument, and on oa ated that he/she /they was /were authorized to execute said instrument. GIVEN er my hand and official seal this day of , 2013 SIF Notary Public in and for the State of Washmgton, residing at: My appointment expires CITY OF BREMERTON ACCEPTED CHAL MARTIN DIRECTOR OF PUBLIC WORKS & UTILITIES APPROVED AS TO FORM. R GER LUBOVICH, CITY ATTORNL Page 3 of 5 Rev. 06/12 State of California County of Los Angeles On December 6, 2013 before me, Katherine J Flores, Notary Public personally appeared Victor R Doughty & Evelyn G Chavez who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)4sear ubscnbed to the within instrument and acknowledged to me that l ®executed the same in his,4he he uthorized capacity(ies), and that by ei ignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal Signature (Seal) KATHERINE J BORES Commission 1 1982839 N" Public - Califomia Los Angeles County M Comm Expires Jun 21, 201 a EXHIBIT A LOTS 22, 23, 24 AND 25, BLOCK 1, NELSON'S ADDN, AS RECORDED IN VOLUME 2 OF PLATS, PAGE 87, RECORDS OF KITSAP COUNTY, WASHINGTON LOT 26, BLOCK 1, NELS NELSON'S ADDITION TO THE TOWN OF BREMERTON, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 2 OF PLATS, PAGE 87, RECORDS OF KITSAP COUNTY, WASHINGTON Page 4 of 5 Rev. 06112 EXHiSI�' B Installation of approximately 180 lineal feet of curb, gutter, sidewalk, planter strip, street lighting and street trees pursuant to City of Bremerton Municipal Code 11.12 and the City of Bremerton Standards for Work in Raghts -of -Way Pago 5 of Rev 06/12