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HomeMy WebLinkAboutSOLLOM 8B/2?/28B1 8B~52A BREMERTON CITY OF AOMT $11~8 Kitsap Co, PlA 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: Triplex Developer Name: Sollom Family LMTD Partnership Location: 1110, 1112 and 1114 Chester Avenue Tax Parcel #: 3804-008-005-0000 Abbreviated Legal Smiths Warren Acre Tracts Parcel A of boundary line adjustment recorded Description: under Auditor's File NO. 9602290160. NE aA of Sec. 14, T. 24 N. R 1 E W.M. records of Kitsap County, WA. 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 abuilding 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 a building permit which requires frontage improvements along Chester Ave. which include curb and gutter, sidewalk, and associated storm drainage conveyance piping.according to BP01-0200 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 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 "A" encompassing all or part of the property described 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 "A", 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 nmning 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. ill Illl [Ill ii [[llllll Ill[ tllll BRE~IERTON CITY OF flGMT $11.00 Kitsap Co, ~IA DATED: Henri A. Sollom Siegmund STATE OF WASHINGTON) : SS. COUNTY OF KITSAP ) day personally appeared before me J--J~,c~, r~ .~2>/]O~'r~.-~t.~,lto__ me this 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 ~_~day of Q'~t~./d ,2001. ~{~.a'~'~2 .~..',~cg)~ Notary Public in ~tnd for the State of ' ~.(.0~ w ~sg:/ Washington, residing at: My appointment expires: ~.-- CITY OF BREMERTON ACCEPTED: .fi~. EUGEN~,flk_MPLEY, P.E. / DIRECTOR-DF PUBLIC WORKS & UTILITIES BI~EI'IEI~T0~I CITY OF AGMT $I1.09 Kitsap Co, MA EXHIBIT A Frontage Improvements required: Along Chester Ave. on the following described property an improvement to include curb, gutter, sidewalk and associated storm drainage conveyance approximately 70-feet. Prope~yLegal Description: Section 14, Towns~p 24 N. Range 1E.W.M. KitsapCounty. SMITHS NARREN ACRE TRACTS PARCEL A OF BOUNDARY LINE ADJUSTNENT RECORDED UNDER AUDITOR'S FILE NO. 9602290160 DESCRIBED AS FOLLONS: THE NORTH 70 FEET OF THE SOUTH 125 FEET OF LOT 5~ TRACT 8, NARREN SNITH'S ACRE TRACTS, AS PER PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 51~ RECORDS OF KITSAP COUNTY, NASHINGTON; EXCEPT THE NEST 15 FEET. TOGETHER NITH THAT PORTION OF VACATED CHESTER AVENUE AS ATTACHES BY OPERATION OF LAN PER ORDINANCE NO. 4700 AS RECORDED UNDER AUDITOR'S FILE NO. 3246391~ DATED APRIL 4, 2000. BR£I1ERTO~ CITY OF fiG)iT $11.08 Kitsap Co, gA