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Home My WebLink AboutRICKWALL Pa~e: i ot 5 8772771~883~ 44P BREMERTOH CITY OF A6flT $12,68 Kits,p Co, ~A Filed for Record at Request off When Recorded Return to: Name: City_ Clerk Address: 239 Fourth Street Bremerton. WA98337 fi)(01~T~O(~(L~ll~l JUL g'~ ~398 Document Title: Improvements Agreement (without bond) Project Name: Rickwall Short Plat Developer Name: Dee and Iris Rickwall Location: SE Comer ofE. 16~ Street and Nipsic Avenue Tax Parcel #: 3975-000-037-0309 Abbreviated Legal The North 111.35 feet of Tract 37 of Tebbett's Decatur Acre Tracts, Description: according to plat recorded in Volume 2 of Plats, Page 55 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 fi'ontage improvements according to SP9§- 0007. 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 ]~rcmerton 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 thc 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 thc usc of this Limited Power of Attorney, except the Owner may protest the special benefit to thc 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 thc City's inability to form a Local Improvement District, thc 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 thc time described above, the City shall have thc authority to construct said improvements and the costs of construction shall be assessed against the Owner and filed and recorded as a lien on thc 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. Page: ~ of 5 07727/199803 = 44P BR£M£RTON CITY OF AGMT $12.80 Kitsap Co~ i4A STATE OF WASHINGTON) : SS. COUNTY OF KITSAP ) On this day personally appeared before me ' ~t3.~ ~'~.~ ~-6~ ,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 7//~ dayof ~-)tc~ , 1998. CITY OF BREMERTON ACCEPTED: W. E~ DIRECTOR OF PUBLIC WORKS & UTILITIES Page: 3 ot 5 07/27/tSgOO3:44P TON CITY OF 851'1T $1~,65 Kitsap Co, ~fl CITY OF BREMERTON EXHIBIT A SHORT PLAT NO. '~ Pq ~a - oo~, -~ LEGAL DESCRIPTIONS TOTAL PARCEL The North 111.35 feet of Tract 37 of Tebhctt's Decatur Acre Tracts, according to plat recorded in Volume 2 of Plats, Page 55, records of Kitsap County, Washington; EXCEPT thc West 25 feet thereof; SUBJECT to an easement for electrical transmission lines affecting the North and West 10 feet as per Auditors File No. 9412080161. LOT A The North 61.35 feet of Tract 37 of Tebhctt's Decatur Acre Tracts, according to plat recorded in Volume 2 of Plats, Page 55, records of Kitsap County, Washington; EXCEPT the West 25 feet thereof; SUBJECT to an easement for utilities over, under and across the East 10 feet thereof; AND SUBJECT to an easement for electrical transmission lines affecting the North and West 10 feet as per Auditors File No. 9412080161; LOT B The South 50 feet of the North 111.35 feet of Tm 37 of Tebhctt's Decatur Acre Tmc~s, according to plat recorded in Volume 2 of Plats, Page 55, records of Kitsap County, Washington; EXCEPT the West 25 feet thereof; SUBJECT to an easemem for electrical transmission lines affecting the West 10 feet as per Auditors File No. 9412080161; Page: 4 of 5 87/~?/1998~3: 44P , Kitsalo Co, WR EXHIBIT B APPROXIMATELY 109 LINEAL FEET OF CAST-IN-PLACE CONCRETE CURB AND GUTTER, AND SIDEWALK, ALL ASSOCIATED STORM DRAINAGE CONVEYANCE AND STREET LIGHTING.