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HomeMy WebLinkAboutWILLIAMSON (2) Page: I o£ 5 88/11/1~$810:84A BR~'MERTON CITY ASMT $1 . Kitsalo Co, WA Filed for Record at Request of: When Recorded Return to: Name: Ci_ty Clerk Address: 239 Fourth Street Bremerton. WA 98337 Docnment Title: Improvements Agreement (without bond) Project Name: Wilhamson Short Plat Developer Name: Dave and Joyce Williamson Location: 2468 Marine Drive Tax Parcel #: 3791-000-017-0404 Abbreviated Legal That portion of lots 17 and 18, Port Orchard Acre Tracts and that portion Description: of lot 18, Port Orchard Acre Tracts as per plat recorded. 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 road t~ontage improvements on Marine Drive according to SP98-0003. NOW, THEREFORE, the undersigned owner (hereinafter "Owner") and the City of Bremerton (hereina!~er "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 eoustmet 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. 0~/117199810:048 BREM~RTOH CITY . Kitzap o ) ' STATE OF WASHINGTON) : COUNTY OF KITSAP ) On this day personally appeared before me j~JJ.Z ~ ~[[//~ ~{~l'l]Itt~.9~%, , to me known to be the individual(s) described in and who ~xecuted 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 M/~"' ,1998. ' ~'; " ' -':v . .,:'.~ '' ':' lq~ta~ ]~u-bli~h ~d for ~S?t~ of · :.: . -,..: o-:. · ,}~. W~hin~on, residing at: .,,, ~ ,- ,1, - My ~poin~ent expires: CITY OF BREMERTON ACCEPTED: W. EUGENE SAMPLEY, P.E. DIRECTOR OF PUBLIC WORKS & UTILITIES IH HIIIllllllilllllllll!! P~e: 3 of 5 96/11/195819:94fl BR~Mi'RTO~ CITY flG~lT $1a.8 Kitsa~ Co, LEGAl. DESCPdlvTION LOT A That portion of tots 17 and 18, Port Orchard Acre Tracts, os per Plat recorded in Volume 2 of Plats, page 14, records of Kitsap County, Washington, described as follows: Beginning at a 5/'8' re. bar with plastic cap imprinted "21672", set on the South line of said Lot 18 at its intersection with the Easterly margin of Marine Drive as depicted on a Record-of-Survey recorded in Volume 41 of Surveys, Page I; thence South 89'27'59" East along said South line 128;80 feet; thence North 02'55'24" West 116.94 feet; thence North 89'22'54" West 132.04 feet to the Easterly margin of Marine Drive; thence South 4~9'42" East along said margin a distance of 117..~7 feet to the Point of beginning. LOT B That portion of lot 18, Port Orchard Acre Tracts, as per Plat recorded in Volume 2 of Plats, page 14, records of Kitsap County, Washington, described as follows: Commencing at o 5/'8" rebor with plastic cop imprinted "21672" set on the South line of said Lot 18 at its intersection with the Easterly margin of Marine Drive as depicted on a Record-of-Survey recorded in Volume 41 of SurveyS, Page I; thence South 89~7'59" East along said South line 128.80 feet to the Point of Beginning; thence continuing South 89'27'59" East 131.51 feet; thence North 00'57'06", East 101.55 feet to the common line between said lots 17 and 18; thence North 89'22'54" West along said tine 137.81 feet; thence South 02'55'24" East 101.94 feet to the Point of Beginning. · tll[IBIIIl l ll[llllll[l[///ll/llll/ !/$0,4509 BI~T~[R'rO~I CITY f~GI1T $t~, 6 Kitsap Co, WR , , Approximately 117 lineal feet of cast-in-place curb, gutter, and sidewalk and any associated street lighting, road widening, or storm drainage conveyance. 96068\LIDNOBND