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HomeMy WebLinkAboutREORG CHURCH LDS Page: 1 of 5 BREMERTON CITY OF AGMT Filed for Record at Request of: When Recorded Return to: Name: City Clerk Address: 239 Fourth Street Bre_¢erton, WA 98337 Document Title: Improvements Agreement (without bond) Project Name: RLDS Church Building Developer Name: Reorganized Church of Jesus Christ of Latterday Saints Location: 102 Sylvan Way Tax Parcel #: 032401-4-025-2007 Abbreviated Legal A PORTION OF GOVERNMENT LOT 3 1N THE NE QTR OF THE SE Description: QTR OF SECTION 3, TOWNSHIP 24 N, RANGE 1 E, W.M., IN KITSAP CO, 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 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 Building Permit which requires installation of cast-in-place concrete curb and gutter and sidewalk, and associated street lighting, according to Permit 00-0008. 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 l~remerton 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 proper~y 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 thc 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 thc 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 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 the Premises under procedures for a mechanic and rnatcrialman's liens. 3. Covenant, The undersigned further agrees that this Agreement and thc 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. 5. Permits. Owner shall obtain a Right-of-Way permit from the City for all work performed within thc City Right-of-Way. Owner shall also obtain all other permits required to complete thc improvements. P~ge: ~ ot 5 OWNE~(S): DATED: STATE OF WASHINGTON COUNTY OF ~ SS. On this day personally appeared before me }Ox: ~ga_o.~ ~tL>'~ , to me ~own to be the individual(s) described in ~d who executed ~e within foregoing instrument, and ac~owledged that they si~ed the sine ~ their flee and volunt~ act ~d deed, for the uses and pu~oses therein mentioned, GI~N under my hand and official seal this ~ay of ~ ,2000. ...... ~ ~0 ..'~s..x~ -. ~.~..~ ~o%.. ~ ~ o-.~,~ ~.~- k ~ N~ Pu~ ma ~ th~ State o~ ',,, S~ ~ Wask~n~on, residing at: ~ ~ My appoin~ent expires: ~ ~(O~ ~ 0 [ CITY OF BREMERTON ACCEPTED: w. EU EP.E. DIRECTOR OF PUBLIC WORKS & UTILITIES Page: 3 of 5 BRE~J£RTON CITY OF AGMT $1~08 Kitsap Co, N~ EXHIBIT A SECTION 03 TOWNSHIP 24 RANGE 1E (LOTS A AND B SHORT PLAT NO 6244 RECORDED UNDER AUDITOR FILE NO 9302120305 & 306, VOLUME 9, PAGE 73) BEING A PORTION OF GOVERNMENT LOT 3 IN THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 24 NORTH, RANGE I EAST, W.M., 1N KITSAP COUNTY, WASHINGTON. Pa~3e: 4 of 04/~/2888 9REMERTON CITY OF ~GMT SilO8 Kit~p Co., EXHIBIT B APPROXIMATELY 367 LINEAL FEET OF CONCRETE CAST-IN-PLACE CURB AND GUTTER, SIDEWALK, AND ASSOICATED STREET LIGHTING. Page: 5 o£ 5 BREMERTOb( CITY OF RGMT $1~00 Ki%$ap Co, WA 20038