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Home My WebLink AboutOLSEN Page= i o£ 5 BREM£RTON CITY OF AGMT $12.00 Kitsap Co, WA Filed for Record at Request of: When Recorded Retum to: Name: City Clerk Address: 239 Fourth Street Bremerton. WA 98337 EXCISE TAX EXEMPI' O0T 15-1999 Document Title: Improvements Agreement (without bond) Project Name: Olsen Short Plat Developer Name: Loren and Karen Olsen Location: NW comer of Marine Drive and Dora Avenue Tax Parcel #: 152401-2-226-2004 Abbreviated Legal A PORTION OF THE NORTHWEST QUARTER OF SECTION 15, Description: TOWNSHIP 24 NORTH, RANGE 1 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 frontage improvements along Marine Drive which include curb and gutter, sidewalk, road widening, storm drainage conveyance, and street lighting, according to PL99-0059. 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, grunt 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 uny Notice of Petition or Resolution presented to or by the City, for the purpose of performing uny of said improvements. Owner agrees not to sign uny 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 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 und filed und 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 und shall be binding upon the undersigned and their heirs, successors, und assigns, und 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: 8 of 5 18,215/18858~: 88A 8REMERTON CITY OF AGMT $18.88 Kitsap Co, WA OWNF ,a(S): STATE OF WASHINGTON) : SS. COUNTY OF KITSAP ) On this day personally appeared before m ~'~,c/~/ ~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 flee and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this '- r~ day of~,d~c , 1999. Y',lot~y Public in and~for tl~St~te of Wash~g~n, residi~ ~, My appoinmen~re~ CITY OF B~MERTON ' '"' ~' ' ACCEPTED: ~: ~.~ DI~CTOR OF P~LIC WO~S & UTILITIES EXHIBIT "A" LOT "A" A PORTION OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 24 NORTI-L RANGE 1 EAST, W. M., 1N KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST MARGIN OF DORA AVENI.~ WHICH IS NORTH 89°52' 15" WEST 900.00 FEET ALONG THE NORTH LINE OF .THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 15, AND SOUTH 00°16'54'' WEST PARALLEL TO THE NORTH SOUTH CENTER OF SECTION LINE OF SAID SECTION 15, 412.63 FEET FROM THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID NORTI-IWEST QUARTER; THENCE CONTINUING ALONG SAID WEST MARGIN SOUTH 00016'54" WEST 144.60 FEET THENCE NORTH 89043'06" WEST 21.23 l~'F TO THE EASTERLY MARGIN OF MARINE DRIVE: THENCE NORTH 47037'00" EAST 5.00 FEET: THENCE NORTH 42°23'00 EAST 191.51 FEET: THENCE SOUTH 89052' 15" EAST 147.35 FEET TO THE POINT OF BEGINNING LOT A PORTION OF THE NORTHW'EST QUARTER OF SECTION 15. TOVv]qSHIP 24 NORTH. RANGE 1 EAST, W. M., IN KITSAP COUNTY~ WASHINGTON. DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE WEST MARGIN OF DORA AVENUE WHICH IS NORTH 89"52'15" WEST 900.00 FEET ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 15, AND SOUTH 00°16'54'' WEST PARALLEL TO THE NORTH SOUTH CENTER OF SECTION LINE OF SAID SECTION 15, 412.63 FEET FROM THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID NORTHWEST QUARTER; THENCE NORTH 89°52' 15" WEST 100.00 t"EtiT TO THE POINT OF BEGINNING; THENCE CONTfNUING NORTH 89o52' 15" WEST 47.35 FEET TO THE EASTERLY MARGIN OF MARINE DRIVE: THENCE ALONG SAID EASTERLY MARGIN NORTH 42°23'00" WEST 8.49 FEET: THENCE SOUTH 47°37'00'' WEST 5.00 FEET; THENCE NORTH 42°23'00'' WEST 97.41 I~IzET; THENCE LEAVING SAID EASTERLY MARGIN SOUTH 89°52'156'' EAST 22.80 FEET; THENCE NORTH 00o16'54" EAST 87.97 FEET: THENCE SOUTH 89°52'156" EAST 100.00 FEET; THENCE SOUTH 00°16'54'' WEST 60.03 FEET; THENCE SOUTH 89°52'156' EAST 100.00 FEET TO THE WEST MARGIN OF DORA AVENUE: THENCE ALONG SAID MARGIN SOUTH 00°16'54" WEST 20.00 FEET: THENCE NORTH 89°52' 156" WEST 100.00 FEET; THENCE SOUTH 00o16'54" WEST 82.63 FEET TO THE POINT OF BEGINNING. LOT '~C" A PORTION OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 24 NORTH, RANGE 1 EAST. W. M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST MARGIN OF DORA AVENUE WHICH IS NORTH 89o52, 15" WEST 900.00 FEET ALONG TI-IE NORTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 15, AND SOUTH 00°16'54" WEST PARALLEL TO THE NORTH SOUTH CENTER OF SECTION LINE OF SAID SECTION 15, 412.63 ~'gl:T FROM THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID NORTHWEST QUARTER; THENCE NORTH 89°52'15" WEST 100.00 FEET: THENCE NORTH 00°16'54'' EAST 82.63 FEET: THENCE SOUTH 89052, 156" EAST 100.00 FEET TO THE WEST MARGIN OF DORA AVENUE; THENCE ALONG SAID MARGIN SOUTH 00°16'54'' WEST 82.63 FEET TO THE POINT OF BEGINNING. Page: 4 o£ 5 18/15/155589~88A BR£M£RTON CITY OF AGMT $12.88 Kitsap Co, EXHIBIT B EXHIBIT B Approximately 297 lineal feet of cast-in-place concrete curb and gutter sidewalk, pavement widening, and any associated storm drainage conveyance and street lighting along the abutting frontage on Marine Drive. P~ge: 5 o£ 5 BREiiERTON CITY OF AGrlT $12.80 Kitsap Co, WR