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BREMERTON CITY OF AGMT $1~.li Ki&sap Co, WA
Filed for Record at Request o£:
When Recorded Return to:
Name: City Clerk
Address: 239 Fourth Street
Bremerton. WA 98337
Document Title: Improvements Agreement (without bond)
Project Name: Holtz Short Plat
Developer Name: Don Holtz
Location: 1542 Madrona Point Drive
Tax Parcel #: 162401 - 1 - 131-2009
Abbreviated Legal The portion of Government Lots 2 and 3 of Section 16, Township 24 North,
Description: Range 1 East of the Willamette Meridian in Kitsap County Washington
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 frontage improvements according to SP98-
0005.
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 thc
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 ennstruct 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 fi.om the City for all work
performed within the City Right-of-Way. Owner shall also obtain all other permits required to
complete the improvements.
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BR£M£RTON CITY OF A6MT $12.~8 Kit~ap Co, WA
OWNER(S):
STATE OF WASHINGTON)
: SS.
COUNTY OF KITSAP )
On this day personally appeared before me ~..~/q(a ~- ~'-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.
GIVEN under my hand and official seal this 2_~_~ dayof ~ , 199~.
', .PUBLIG : ~ o ary u ic in and or thc State of
..... · -
~,~ e'(~_' ....
III
CITY OF B~MERTON ~/~7/98
ACCEPTED:
W~, P.E.
DIRECTOR OF PUBLIC WORKS & UTILITIES
Pm'cai A
'T"ne east 45 ~eeL as measuz'ed perpendtouler to
d~b~ ~:
~ ~ ~ ~ ~ 2 ~d 3 ~ ~on 16, T~ip 24 No~,
~e 1 ~ ~ ~ ~ll~ M~d ~ in ~p C~, Was~n~n,
Sg'~ ~ 219.~ ~ ~ No~
n~ ~ ~ C~ Road No.
. ~ ~ ~ ~'~'1~ ~ 1~ ~t ~ ~e g~ m~ line;
· e~ So~ ~'~ ~ along ~id ~d~ line 87~9
~ ~'1~ ~ a ~ ~ 21.~
So~ 82'~ W~ a d~ ~ 42.28
de~b~ ~d ~ ~ Aud~s
Cou~, ~d ~e ~e palm of b~inning; ~en~ No~ 03'~1~ We~ 150
~ ~ I~, ~ ~e ~ ~m~ ~ ~i~ lot ~ed in Audl~s file No.
88~; ~ ~ in a ~ig~ ~ine 108
~ ~m~ ~ a I~ d~ ~d ~ ~d~ Aud~s ~e NO. 8~,
~ffie ~s ~ ~p C~ ~
~ ~in ~ M~a Poi~ Road; ~
~ So~ 82'2E We~ 4~8 f~t to ~e ~e ~ of b~i~i~.
Subj~ ~ ~ eas~e~ ~r ~l~es ov~, ~d~
~ve de.bed ~
Pamet B
'T trot pardon of Government LOt~ 2 and 3 of Section 16, Township 24 North,
Range 1 East of the Willamette Meridian in Kitsap County; Washington,
de,oreo)ed U f~ll~w:
Beginning at the sau~t~veat comer of said Government Lot 2: thence Nonth
89'55'30" East 219.~0 feet; thence Nont't n0°34'lT' East 100 feet to the
northeasterly margin of County Read No. 32; thenco NorlJ~ 89'56'30" East 332.07
fae~ thetlce North 00°34'1~* _~s~ 104 feet to the government meander line;
thence South 58'30' East along ~ld meander fine 87.29 feet; thence South
00°34'17'' West 24~.9'3 feet to the centerline of the Madrona Point Road; thence
Norffi 00'34'17" East a distance of 21.57 feet to the northerly dght-of-v~y of
Madmna Point Road; thence South 68°35' West a distance of 193.23 feet; thence
South 82'25' West a distance of 42.28 feet to tile true point of beginning of a lot
described end r~corded under Auditor's file No. 886745, of the records of Kltsap
CountT, and the true point of beginning; thence Nor~fl 03°46'12" We.st 150 feet,
mare or less, to the cortheast comer of Said lot mc=rded in ^udltor's file No.
886745; thence southeasterly in a stcaight Zine 108 feet, mom or less, to the
northwest comer of a lot descdbect and recorded under Auditor's file No. 895396,
of the records of Kit=ap County;, thence South 03°48'1Z' East 100 feet to the
no~t margin of Madmna Point Road; thence $ouffi 68'35' West 65.54 feet;
thence South 82'25' West 42.28 feat to the ~'ua point of 13eginning.
Subject to an easement for utilities over, under and ac~'cos the east 10 feet of the
ai3ove descztbed tract.
EXCEPT the east 45 feet, as measured perpend[culer to t~e east line, thereof.
I IIIIIlllll
BR£MERTON CITY OF flSMT
(Description of improvements) 108 lineal feet of cast-in-place concrete curb, gutter, and
sidewalk, road widening, and any associated sweet lighting or storm conveyance.
98179