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HomeMy WebLinkAboutHALL P~e: i of 5 83/15/199909: 10R BREM£RTOH CITY OF RO~T $12.$0 Kitsap Co, 6IR Filed for Record at Request of: When Recorded Return to: Name: City Clerk Address: 239 Fourth Street Bremerton, WA 98337 Document Title: Improvements A~reement (without bond) Project Name: Halls Short Plat Developer Name: Larry R. and Dolores G. Hall Location: 1351 Lakehurst Drive Tax Parcel #: 172401-1-038-2002 Abbreviated Legal Lots A and B of City of Bremerton Short Plat Number SP-98-0002 as Description: recorded in Volume 15 of Short Plats at page 78 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 witb3n the City ef Bremerton, described in Exhibit "A" and attached hereto by reference herein, (hereinafter "Premises") has made application for Short Plat which requires road fi'outage improvements according to SP98-0002. NOW, THEREFORE, the undersigned owner (hereinafter "Owner") and the City of Bremerton (hereinafter "City"), in consideration of the City's approval of Owner's proj, ect 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 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. BRE~I£RTOH CITY OF AGMT $12.00 Kitsap Co, HR STATE OF WASHINGTON) ; SS, COL TY OF rCTS ) On this day personally appeared before me ,(/~,a_/.t/~./'/ti//*/~)/~,~e~ ,bj/~.)j , 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 a~d purposes therein mentioned. GIVEN under my hand and official seal this __~day of t~i~M4z~W-~ , 199~_. - / My appointment expires: CITY OF BREMERTON ACCEPTED: W. EUGENE SAMPLEY, P.E. DIRECTOR OF PUBLIC WORKS & UTILITIES Page: 3 o£ 5 83/15/150508: iOA BREMERTOH CITY OF flGMT $12.88 Kitsap Co, WA EXHIBIT A LEGAL DESCRIPTIONS Lots A and B of City of Bremerton Short Plat Number SP-98-0002 as recorded in Volume 15 of Short Plats at page 78, records of Kitsap County, Washington situated in Government Lot 5, Section 17, Township 24 North, Range 1 East, Willamette Meridian, Kitsap County, Washington. Page: 4 of 5 BR£M£RTOH CITY OF ~GMT $1~.~ Ki~sap Co, ~ EXHIBIT B DESCRIPTION OF IMPROVEMENTS Approximately 100LF of cast-in-place concrete curb and gutter, and sidewalk, stoiif~ drainage conveyance, road widening and associated street lighting. ? IIIIII 111 ??Ill 1111 III17 Il IIIIII Ill Iii IIII III P~ge: 5 of' 5 83/15/199989: BRErl£RTON CITY OF ~G~T $18.88 Ki~sap Co, ~ 98454\bk