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Home My WebLink AboutHOLTZFiled for Record at Request of: When Recorded Return to: K IT~P COUNTY $13. O0 CHC}~ Name: City Clerk 'ILED-BY: CiTY OF BREMERTON 1 6, 8:4t Address: 239 Fourth Street iAR£N FLYNN, AUDITOR }LERK: BEV~NS Bremerton, WA 98337 IMPROVEMENTS AGREEMENT RECORDED WITIt COUNTY ASSESSOR'S OFFICE Project Name: HOLTZ SHORT PLAT Developer Name: DON HOLTZ Location: 1933 CALLOW AVE N Tax Parcel # 102401-4-074-2008 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, as a condition for plat, P.U.D, or building permit; approval; and I. F. l: 961125~2"1 EEL .I])l~3S FR 2873 WHEREAS the undersigned, as owner of real property wit~n the City of Breme~ton, described in Exhibit "A" and attached hereto by reference herein, (hereinat~er "Premises") has made application for Short Plat which requires road frontage improvements on Callow Avenue including but not limited to curb, gutter, sidewalk, and associated storm drainage improvements Short Plat according to SP-05-96. NOW, THEREFORE, the undersigned owner (hereinafter "Owner") and the City of B remerton (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. 3f43 for the construction of improvements on or abutting said property as described in Exhibit "B' encompassing all or part of lmprovemenlsAgreemont 10/25/96 Page #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 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. 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. DATED: OWNE~r~TP~ STATE OF WASHINGTON) : ss. &F.#: 9611250021 COUNTY OFKITSAP ) EEL 0935 FIt 2874 IMPROVEMENTS AGREEMENT 10/25/96 Page # 2 On this day personally appeared before me ~sJ ]"]t~LT"Z , 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. ~, ~o~',.~: 7&9,0~_~o.~ _~ Notary Public in and for the State of,, ql~t2~ '...oo °°',c~,vJ Washington. residing at:/O~ -~ Cle W^!Sfix~/ My appointment expires: '~2L,~ CITY OF BREMERTON ACC~ DIRECTOR OF PUBLIC WORKS & UTILITIES · {l.F.l: 96it25002! REEL 0935 FR 2875 96768 IMPROVEMENTS AGREEMENT 10/25/96 Page # 3 EXHIBIT A{1) LOT DESCRII~TIONS Lot 1 That portion of the Southeast Quarter of the Southeast Quarter of Section 10, Township 24 North, Range I East of the Will~nette Meridian in Kitsap County, Washington, described as follows: Commencing at the southeast coroer of said Southeast Quarter of the Southeast Quarter;, thence along the east line of said subdivision, North 00° 15'36" West 333.39 feet; thence along a line parallel with the south line of said subdivision South 89034'52" West 350 feet; thence continuing South 89°34'52" West 146.57 feet to the TRUE POINT OF BEGINNING; thence South $9°34'52" West 55.95 feet; thence North 00°25'08" West 53.37 feet; thence South 89°34'52" West 28.13 feet; thence North 00°25'08" West ?g.00 feet to the south line of Lot 17 of the Plat of M_apie Garden Tracts as recorded in Volume 5 of Deeds on Page 13, Records of the K/tsap County Auditor, thence along said south line North g9°34'$2" East 84.60 feet; thence South 00° 11'30" East 131.37 feet to the true point of beginning. Subject to and together with an easement for ingress, egress and utilities as described in easement recorded under Auditor's Number 9506070172 and amended under Auditor's number 9508290220. ALSO Subject to $ foot wide easements for sewer lines over, under and across the north and the south 5.00 feet of the lot herein above described. ALso IglE C FR 2876 Together with a 5 foot wide easement for water line over, under and across the south 5.00 feet of Lot 2 of this short plat. Lot 2 That portion of the Southeast Quarter of the Southeast Quarter of Section 10, Township 24 North, Range I East of the Willamette Meridian in K. itsap County, Washington, described as follows: Commencing at the southee~t corner of said Southeast Qu~.er of the Southeast Quarter; thence along the east line of said subdivision, North 00°15'36" West 333.39 feet; thence along a line parallel with the south line of said subdivision South 89°34'52" West 350 feet; thence continuing South 89°34'$2" West 202.52 feet; thence North 00025'08" West 53.37 feet; thence South 89°34'$2'' West 28.13 feet to the TRUE POINT OF BEGINNING; thence South 89 ° 34'52" West 61.71 feet to the east margin of Wycoff Avenue; thence along sa~d margin North 00° 11'30" West 78.00 feet to the southwest corner of Lot 17 of the Plat of Maple Ga~rden Tracts as recorded in Volume 5 of Plats on page 13, Records of the Kitsap County Auditor, thence along the south line of said plat North 89°34'52" East 61.40 feet; thence South 00°25'08" East 78.00 feet to the true point of begiuning. Subject to a 5 foot wide easement for water line over, under and across the south 5.00 feet of the lot herein above described. ALSO Together with a 5 foot wide easement for sewer line over, under and across the north 5.00 feet of Lot I of I~~S AGREEMENT 10/25/96 HOLTZ EXHIBIT A(2) Lot 3 That portion of the Southeast Quarter of the Southeast Quarter of Section 10, Township 24 North, Range I East of the Willamette Meridian in Kitsap County, Washington, described as follows: Commencing at the southeast comer of said Southeast Quarter of the Southeast Quarter; thence along the east line of said subdivision, North 00°15'36" West 333.39 feet; thence along a line parallel with the south line of said subdivision South $9°34'52" West 350 feet; thence continuing South 89°34'52" West 202.52 feet to the TRUE POINT OF BEGINNING; thence South 89°34'52" West 90.05 feet to the east margin of WyeoffAvenue; thence along said margin North 00° 11'30" West 53.37 feet; thence North 89°34'52" East 89.84 feet; thence South 00°25'08" East 53.37 feet to the true point of tmginning. Together with a 5 foot wide easemeat ~or sewer line over, under and across the south 5.00 feet &Lot 1 of this short plat. EL 17:/35 FR 2877 OCT I r w~ IMPROVEMENTS AGREEMENT 10/25196 3RT ' SHEET 2 EXHIBIT B 131 lineal feet of cast-in-place concrete curb and gutter and sidewalk constructed to City standards and all associated storm drainage improvemems. I~I=EL I:::}~r35 FR 2878 96068~I,IDNOBND IMPROVEMENTS AGREEMENT 10/25/96 Page # 6