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HomeMy WebLinkAboutCAMPANA Pacje, i o£ 5 ~en Recorded Re~ to: N~e: CiW Clerk Ad.ess: 239 Fo~h S~eet Breme~on, WA 98337 Document Title: Improvements Agreement Project Name: Campana Short Plat Developer Name: Kenneth L. Campana Location: 117 Lilac Lane Tax Parcel # 162401-3-060-2000 Abbreviated Legal The East 82 feet of the East Half of of the North Half of the Southwest Quarter Description: of the Southeast Quarter of the Southwest Quarter, Section 16, Township 24 North, Range 1 East, W.M., in Kitsap County, Washing, (Additional legal on Exhibit "A" of document) 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, (hereinafter "Premises") has made application for Short Plat_which requires construction of road ~ontage improvements on Harlow Drive including, but not limited to curb, gutter, sidewalk and storm conveyance facilities according to SP96-0002. 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: Page: ~ oi' 5 CITY OF BR£M£RTOH R6MT $1~.8~ Kitsa~ Co, ~ 1. Local Improvement District. Owners, by signing below, grant to the City of Bremerton a Limited Power of Attomey 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 &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 Attomey, except the Owner may protest the special benefit to the Premises. This Limited Power of Attomey 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. STATE OF WASHINGTON SS. COUNTY OF KITSAP On this day personally appeared before me b~¢kl ~ ~)i~: £~[=. ~-/~A~9~ , 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 ~{~ day of ~r~/Z~ ,19~,61 Notary Public i~a anti'or the~tat~-~J~'?. Washington, residing at: ,~,~'-~v't$* My appointment expires: CITY OF BREMERTON CITY 07 BREM£RTOH ASMT $1~,$0 Kit~ap Co, WA DIRECTOR OF PUBLIC WORKS & UTILITIES · .. _EXIIlBIT A LEGAL DESCRJPTIGN The East 82 feet of the East Half of the of the East Halt of the North Half of the Southwest Quarter of the Southeast Quarter of the Southwest Quarter, Section 16, Township 24 North, Range 1 East, W.M., in Kitsap Co-~nty, Washington; Except the North 120 feet thereof, except Lilac Lane; and except Harlow Drive. Lot_3 Beginning at the Northwest comer of the East 82 feet of the East Half of the of the East Half 0f'the North Half of the S,',uthwest Quarter of the Southeast Quarter of the Southwest Quarter, Section 16 Township 24 North, Range I East, W.M., in Kitsap County, Washington; thence S;:uth 120 feet to the TRUE POINT OF BEGINNING; thence continuing South 89.74 feet more or less to a point lying North 78.00 feet fi.om the North right-of-way of Harlow Drive; thence East 62.00 feet; thence South 78.00 feet to the North right-of-way of Harlow Drive; thence East 20.00 feet; thence North 167.74 feet, more or less, to a point lying.East 82.00 feet fi.om the True Point of Beginning; thence West 82.00 feet to the True Point of Beginning; except Lilac Lane. .Lot B Beginning at the Northwest comer of the East 82 feet of the East Half of the of the East Half of the North Half of the Southwest Quarter of the Southeast Quarter of the Southwest Quarter, Section 16, Township 24 North, Range 1 East, W.M., in Kitsap County, Washington; thence South 287.74 feet more or less to the North right-of-way of Harlow Drive and the TRUE POINT OF BEGINNING; thence East along said North right-of-way 62.00 feet; thence North 78.00 feel; thence West 62.00 feet; thence South 78.00 feet to the Tree Point of Beginning; except Lilac Lane. EXHIBIT B Approximately 82 lineal feet of concrete cast-in-place curb, gutter, and sidewalk and any necessary sto.~ conveyance facilities.