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HomeMy WebLinkAboutHASELWOOD (1) P~e: I o£ 5 11/18/~7 18: 88t:1 , Kit~ Co~ W8 Filed for Record at Request off When Recorded Return to: Name: Ci_ty Clerk Address: 239 Fourth Street Bremerton. WA 98337 Document Title: Improvements Agreement (without bond) Project Name: 500 Union Avenue Remodel Developer Name: Charles Haselwood Location: 500 Union Ave Tax Parcel #: 212401-1-118-2009 Abbreviated Legal Description: A portion of Section 21, T24N, R1E, W.M. 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, 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, (hereinatler "Premises") has made application for a building permit for development of an interior remodel which requires road widening, curb, gutter, sidewalk and handrail improvements along both Union and Wemer Road frontage according to Building Permit #15602. 500 Union Ave Page 1 Improvements Agreement 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 tiffs 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 (authorized by a City Council Resolution) 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. 500 Union Ave Page 2 Improvements Agreement I Ii I g I Illll I Il Il P~ge: ~ of 5 11/18/$7 1~:88A BR~£RTON CITY OF AGMT $1~.08 Kitsalo Co, WA 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 pemfits required to complete the improvements. STATE OF WASHINGTON) COUNTY OF KITSAP ) On this day personally appeared before me ~.~,~~.~, ~-~t~ L~,~to me known to be the individual(s) described in and who executed lhe 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 ~fldayof ~2" ~ ,1997. Notary Public in and for'the State of W~ngon, resid~g at: ~~ My appo~t expires: ~ - / ~- ~ } CITY OF BREMERTON ACCEPTED: W. EUG~E~E. DIRECTOR OF PUBLIC WORKS & UTILITIES 97553b 500 Union Ave Page 3 Improvements Agreement P~e: $ o£ 5 11/18/$7 BR MERTON CITY OF flGrlT $1~.~ Kits~p Co, Tax Parcel # 212401-1-118-2009 A port, on of Section 21, T24N, RIE, W.M. described as follows: B~gin~ln_g at the NW corner.of 1:he SW1/4 of the SE1/4 of the NE o= said Sec. 21; thence ~n~ aT,~.~ ., ....... 1/4 Rd - ~ ...... ~--'. ~'. r' ~ -~n~ une cen=er£ine of Werner -~ arc or a cUrve; thence along the arc distance of 54.62 ft said --- ----~ o~. a curve to the left a angle of 104 19'3," ~ .... :-~ ...... f 30 ft, a central · - ~ ~.wuA~u ~u == eae=er£y of the centerli Un,on Ave, measured at rl~t a~les; the .......... n~.of -- - - = = ~u=.~ou=nerly.along a line parallel to and 40 ft east of .t~.e centerllne of Union Ave to . ~t ~0 ft south 0~ the center~ne of ~erner =ng~es, thence N89 47'21"E 7~.48 ft; · thence S89'47'21"W 9~ ~. ~ ....... ---,-~=~ ~u ~ z2"E 190 ft; of Beginning. - .... ~.=.u= mu ~ zz"z ~0 ft to the True Point The North 15 feet of the above parcel is hereby reserved for a slope easement by the City of Brem~rton. The City of Bremerton shall have the right to enter upon aald slope easement as necessary for future construction and maintenance of the easement. 500 Union Ave Page 4 Improvements Agreement Itlllil Illlllllli lift iii P~e: 4 of 5 BR£MrRTON CITY OF' RGMT $1~.88 Kitsap Co, ~18 Provide road frontage improvements along both Union Avenue and Werner Road. Improvements shall include; road widening, curb, gutter, storm drainage conveyance, sidewalk and handrail. 97553\b 500 Union Ave Page 5 Improvements Agreement P~e: 5 oi' 5 . Ki~e~p Co, WA