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HomeMy WebLinkAboutBURLEY BR£11£RTOll CITY Of fiGHT $1300 Kitsap Co~ [lfi ]Filed for Record at Request of: When Recorded Return to: Name: Citv Clerk Address: 239 Fourth Street Bremerton, WA 98337 EXCISE TAX EXEMP1 I~AR 2 2 1999 Document Title: Improvements Agreement (without bond) Project Name: Burley/Haselwood Short Plat Developer Name: Ron Burley Location: West of Cottman Avenue, between Wilson Blvd and Roosevelt Blvd Tax Parcel #: 4546-008-004-0101 Abbreviated Legal Refer to Exhibit A Description: 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 on Roosevelt Boulevard, including but not limited to sidewalk, curb and gutter, street lighting, and storm drainage conveyance according to SP99-0001. 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 Brcmerton 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 thc use of this Limited Power of Attorney, except the Owner may protest the special benefit to the Premises. This Limited Power of Attomey 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, 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 thc time described above, the City shall have the authority to construct said improvements and thc 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. Thc undersigned further agrees that this Agreement and the promises made herein constitute a covenant running with the land and shall be binding upon thc 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. BREflERTOH CITY OF AGMT $13.66 O NER(S): DATED: <~-----~-~-,-~ ~'~,_~.. _ STATE OF WASHINGTON) ~ $$. COUNTY OF KITSAP ) On this day personally appeared before me ~ ~l~[ll~l~ ~, ,,o me known to be the individual(s) described in and who executed the w~thin 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 O~ day of [~1~/~, 1999. Nota[y PL~bli~ in and foit~_~',gt~.~)~: Washin on, residing My appointment expires:~.,'~.''~' CITY OF BREMERTON ACCEPTED: W. ~Y, P.E. DIRECTOR OF PUBLIC WORKS & UTILITIES Page, 3 of 8 BREMERTOH CITY OF 8GMT $13.68 Kitsalo Co, ¢18 E~-IIBIT A I It llllt[[lU[ [llq[[ [[[[1111[ BR£r~£RTON CITY OF AGMT $13.88 EXI-IIBIT A Continued LOT C ~ SOUTH 70 FEET OF T~ NORTH 160 FEET OF TH~ FOLLOWrb[G DESCRIBED PARCEL: LOTS 4 THROUGH 8, INCLUSIVE, LOT 13, A~ND THE SOUTH 852 PEET OF LOT 9, BLOCK 8, OLE HANSON'S NAVY YAP. D ADDITION, AS PER PLAT RECORDED ~ VOLUME 4 OF PLATS, PAGE 56, RECORDS OF KITSAP CO~, WASHINGTON; EXCEPT THE WEST 96 FEET THEREOF; AND EXCEPT THE EAST 10 FEET FOR CO'UrMAN AVENUE; TOGETHER WITH 1/32 nXFrEP~ST I~4 AN ACCESS ~ UTILITy TRACT AS PER AUDITOR'S FILE NO. 3145582; LOT D THE NORTH 9O FEET OF THE FOLLOWING DESCRIBED PARCEL: LOTS 4 THROUGH 8, INCLUSIVE, LOT 13, AND TH~ SOUTH $.:2 FEET OF LOT 9, BLOCK 8, OLE HANSON'S NAVY Y~ ~O~ION, AS PEK PLAT ~CO~ ~ VOL~ 4 OF PLATS. PAGE ~6, ~CO~S OF CO~, WAS~GTON; 9701140103; Page= 5 o£ 6 83/~/155011= BR£MERTON CITY OF RGMT $13.~8 Kitsap Co, WR EXHIBIT B Approximately 317 lineal feet of cast-in-place concrete curb and gutter, sidewalk, and associated stormwater conveyance and street lighting. BR£i'IrRTOH CITY OF I~G~lI $13.~8