HomeMy WebLinkAboutNORTHERN CON AGGFiled for Record at Request of:
When Recorded Return to:
Name: City Clerk
Address: 239 Fourth Street
Bremerton, WA 98337
Document Title: Improvements Asreement (without bond)
Project Name: Northern Cen-Agg Short. Plat
Developer Name: Northern Con Agg
Location: Harlow Drive
Tax Parcel #: 172401-1-003-2003
Abbreviated Legal That part of Government Lot 6, NE Quarter of Section 17, T 24 N, R 1 E
Description: W.M. 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 stormwatcr 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 a Short Plat which requires installation of cast-in-place and gutter and
sidewalk and storm water conveyance piping, according to Permit 00-0029
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:
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1. Local Improvement District. Owners, by signing below, grant to the City of
Bremcrton 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 thc 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 usc of this Limited Power of Attorney, except thc Owner may protest the special benefit to
thc Premises.
This Limited Power of Attorney is irrevocable.
2. Construction of Improvements. Upon the City's decision to have the
improvemen,'s subject to this ago'cement constructed by thc Owner raffler fi~a~l througt~ 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 nmning with the land and shall be binding upon the
undersignzd and their heirs, successors, and assigns, and thai this Agreement shall be filcd 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.
8R£M£RTON CITY OF AGMT $12.88 Kit~ap Co, WA
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STATE OF WASHINGTON)
: SS.
COUNTY OF KITSAP ) ~,,fi~, .~t.J.,'l" ,,".c~
On this day personally appeared before me ~P--RI OF~ Ak/ [/. ~- bib (,b~,~io me
known to be the individual(s) described in and who executed the within foregoing instrument,
and aclmowledged 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 4 dayof d/PA// ,2001.
Notary Public in and for the State of
Washington, residing at: -..~l [u"~'4la{~'
My appointment expires: ~- t 4-'~0 O 4-
CITY OF BREMERTON
ACCEPTED:
W. EUGENE S~, P.E.
DIRECTOR OF PUBLIC WORKS & UTILITIES
BREM£RTON CITY OF t~CMT $12.8~ Kit. sap Co,
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EXHIBIT "A"
LOT A
THE NORTHWESTERLY 125.50 FEET AS MEASURED ALONG THE RIGHT-OF-WAY LINE OF HARLOW DRIVE OF
THE SOUTHWESTERLY 65 FEET AS MEASURED PERPENDICULAR TO SAID RIGHT-OF-WAY LINE OF THE
FOLLOWING DESCRIBED PARCEL:
PORTION OF GOV. LOT 6 SEC. 17, T 24 N, R 1 E, W.M., DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 96 RODS WEST AND S I °28'51' W - 119.5 FEET, BEING TRUE POINT OF BEGINNING OF
THIS DESCRIPTION; THENCE S 1°28'51" W - 210.5 FEET; THENCE W 15.6 FEET, MORE OR LESS, TO EAST
MARGIN OF HIGHWAY NO. 9; THENCE FOLLOWING EAST MARGIN OF SAID HIGHWAY TO A POINT DUE WEST
OF THE POINT OF BEGINNING; THENCE EAST TO THE POINT OF BEGINNING; SITUATE IN THE COUNTY OF
KITSAP, STATE OF WASHINGTON.
LOT C
THE SOUTHWESTERLY 65 FEET AS MEASURED PERPENDICULAR TO THE RIGHT-OF-WAY LINE OF HARLOW
DRIVE OF THE FOLLOWING DESCRIBED PARCEL:
PORTION OF GOV. LOT 6, SEC. 17, T 24 N, R I E, W.M., DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 96 RODS WEST AND S 1°28'51" W - 119.5 FEET, BEING THE TRUE POINT OF BEGINNING
OF THIS DESCRIPTION; THENCE S i°W - 210.5 FEET; THENCE WEST 15.6 FEET, MORE OR LESS, TO EAST
MARGIN OF HIGHWAY NO. 9; THENCE FOLLOWING EAST MARGIN OF SAID HIGHWAY TO A POINT DUE WEST
OF THE POINT OF BEGINNING; THENCE EAST TO THE POINT OF BEGINNING; SITUATE IN THE COUNTY OF
KITSAP, STATE OF WASHINGTON;
EXCEPT THAT PORTION LYING WITH THE NORTHWESTERLY 125.50 FEET AS MEASURED ALONG THE RIGHT-
OF-WAY LINE OF HARLOW DRIVE;
EXCEPT ANY PORTION LYING WITHIN THE FOLLOWING DESCRIBED PROPERTY:
A PART OF GOV. LOT 6, SEC. 17, T 24 N, R I E, W.M., DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE NORTHWEST CORNER OF THE NE lA OF THE NE ~A OF SEC.
17 T 24 N, R 1 E, W.M; THENCE S 1°28'04" W - 166.50 FEET; THENCE N 89o28'04" W - 166.50 FEET; THENCE N
89°28'04" W ~ 253.84 FEET TO TRUE POINT OF BEGINNING; THENCE S 16°04'44" W ~ 137.93 FEET TO THE NORTH
LINE OF THE COUNTY ROAD RIGHT-OF-WAY; THENCE SOUTHEASTERLY ALONG SAID RIGHT-OF-WAY LINE S
39°09'26'' E - 60 FEET; THNFCE N 30°52'30" E - 200.65 FEET; THENCE N 89°28'04" W -~ 105 FEET TO POINT OF
BEGINNING, KITSAP COUNTY, WASHINGTON.
BRE~IERTON CITY OF flG~IT $12.86 Kitsa@ Co, WA
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EXHIBIT B
APPROXIMATELY 125.50 LINEAL FEET FOR LOT A DESCRIBED IN EXHIBIT "A" AND
APPROXIMATELY 119.46 LINEAL FEET FOR LOT C DESCRIBED IN EXHIBIT "A"
IMPROVEMENTS OF CAST-IN-PLACE CONCRETE CURB AND GUTTER AND SIDEWALK AND
ASSOCIATED STORMWATER CONVEYANCE PI~ING AND NECESSARY APPURTENANCES.
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