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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: Page 1 of 1 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 Page 2 of 2 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, Page 3 of 3 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 Page 4 of 4 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. Page 5 of 5