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BREMERTON CITY OF AGMT $13.80 Kitsap Co., Wfl
Nme: City Clerk
Address: 239 Fo~ Street
Breme~on, WA 9833?
Document Title: Improvements Agreement (wi~out bond)
Project Name: Ivy Road Vetefi~ Clinic
Developer Name: Peter ~d Bo~y Westl~e
Location: 1216 I~ Road
Tax Parcel ~: 012401-2-144-2009
Abbreviated Legal THAT PORTION OF THE SOUTHWEST QUARTER OF THE
Description: NORTHWEST QUARTER OF SECTION 1, TO,SHIP 24 NORTH,
~NGE 1 EAST, W.M., IN KI/8AP CO~TY, WA8H~OTON
IMPROY~NTS iG~EMENT
WHE~AS the City of Breme~on requires ce~ain l~d developments to include public
and private improvements including, but not limited to c~bs, gu~ers, ~d sidewalks, street
lights, street widening ~d sto~water improvements, as a condition for plat, P.U.D,, or building
permit; approval; ~d
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 a building permit which requires a frontage improvement agreement for
future road improvements on Ivy Road according to PS00-0049.
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 the
fom~ation 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.
BRE~I£RTON CITY OF AGMT $13.0~ Kitsap Co, WA
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.
BREM£RTON CITY OF flGMT $13.~ Kitsap Co, W8
OWNER (S):
· STATE OF WASHINGTON)
~ SS.
COUNTY OF KITSAP )
On this day personally appeared before me ~ o~ ~a'-/' I,.a6,f4 l..4~a , 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 e~-M'l,, day of Fff4g ~, act~ .2001.
~.%..- ~..~4,'h
h .. ~ ... ~.x ~
',_..<~_z~- ~o~ P(~ic in and for the State of
Washington, residing at: ~
My appointment expires:
CITY OF BREMERTON
ACCEPTED:
W. .E.
DIRECTOR OF PUBLIC WORKS & UTILITIES
Ill II IIllllllllllll Il II Ill
BREMERTON CITY OF RGMT $13.~8 Kitsap Co, WA
EXHIBIT A
LEGAL DESCRIPTION
THAT PORTION OF THE SOUTHWEST QUARTER FO THE NORTHWEST QUARTER OF SECTION 1,
TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., 1N KITSAP COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS;
BEGININNING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER OF TI-IE NORTHWEST
QUARTER; THENCE NORTH 03° 51' 40" EAST ALONG THE WESTERLY LINE THEREOF 30.02 FEET;
THENCE SOUTH 88° 32' 57" EAST PARALLEL TO THE SOUTHERLY LINE OF SAID SUBDIVISION 30.02
FEET TO THE TRUE POINT OF BEGINNING, THENCE NORTH 03° 51' 40" EAST PARALLEL TO THE
WESTERLY LINE OF SAID SUBDIVISION 94.59 FEET; THENCE SOUTH 88° 32' 57" EAST PARALLEL TO
THE SOUTHERLY LINE OF SAID SUBDIVISION 324 FEET; THENCE SOUTH 03° 51' 40" WEST
PARALLEL TO THE WESTERLY LINE OF SAID SUBDIVISION 94.58 FEET, MORE OR LESS, TO A POINT
SOUTH 88° 32' 57" EAST OF THE TRUE POINT OF BEGINNING; THENCE NORTH 88° 32' 57" WEST
PARALLEL TO THE SOUTHERLY LINE OF SAID SUBDIVISION 324 FEET TO THE TRUE POINT OF
BEGINNING,
EXCEPT THE WEST 145 FEET THEREOF.
200103230274
I)llll IIII II)Illll IIII Ill IIIll Ill Ill IIII Illl
BR£rlERTON CITY OF flGMT $13 8I) Kitsap Co, ~A
EXHIBIT B
Approximately 179 lineal feet o£ cast-in-place concrete curb and gutter sidewalk and associated
storm conveyance piping.
200103230274
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BREiqERTON CITY OF I~G~IT $13 ~ Kitsap Co, WA
Improvement Agreements, Ivy Rd Veterinary Clinic, 1-01