HomeMy WebLinkAboutO'CONNOR / DAVENPORTFiled for Record at Request of:
When Recorded Return to: Il[ Ii II IIII l Ill II II II II Ill III Ill
Name: CityClerk 11/1¢/2083 12 4vP
CNANDRA DAVENPORT AGMT ~8.88 Kitsap Co., MA
Ad,ess: 239 Fo~ S~eet
Breme~on, WA 98337
Document Title: ~provemems A~eement (without bond)
Project Name: New SFR
Developer Name: Jmes J O'Co~or & Ch~&a A Davenpo~
Location: 35 L~ehmt Drive
Tax Parcel ~: 172401-1-035-2005
Abbreviated Legal A potion of N 350 fi Gov. ~t 5, Sec. 17, T 24 N, R 1 E., W. M., ~tsap
Description: Co~ty, WA.
IMPRO~MENTS AG~E~NT
WHE~AS the City of Breme~on requires ce~ain l~d developments to include public
~d private improvements including, but not limited to c~bs, ~tters, ~d sideways, street
li~ts, street wide~ng ~d stomwater improvements, as a condition for plat, P.U.D., or building
pemit; 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 Short Plat which requires a Frontage Improvement Agreement for future
frontage improvements according to Ordinance 4856 Section 11.12.110.
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 "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.
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.
11/17,.'"8803 18:47P
CHANDRA DAUENPORT 8GMT $~E.88 Ki[sap Co, WA
WNER(S):
STATE OF WAS~GTON) Ch~dra Davenpo~
CO~TY OF ~TS~ )
~ this day personally appe~ed before me ~t~ f[[)~q ~ , to me
~o~ to be the individual(s) described in ~d who executed ~he wi~ forgoing ins~ent,
~d ac~owledged ~at they si~ed ~e sine ~ their ~ee ~d vol~t~ act ~d deed, for the uses
~d p~oses ~erein mentioned.
GI~N ~der my hand and official seal this ~ day of ¢ I~'~ ~ ,2003.
· r~ ,,1,',,~ -8, 2007, )
~" :'~ ( Not~ Pubic in ~d fo~ ae ~t~te of
q ;'~"x . ~ ~'~' ~:',., P' "'-~n~on, residing at: ~
~W" ..... W,,-,.; ..... ' ""~ My appointment expires: ~
CITY OF BREMERTON
ACCEPTED:
W. EU~E'.
DIRECTOR OF PUBLIC WORKS & UTILITIES
11,.'17,.q/003 IP:47P
CHANDRfl DAUEIqPORT flGMT ~8.00 Kitsap Co, JlA
EXHIBIT A
THAT PORTION OF THE NORTH 350 FEET OF GOVERNMENT LOT 5, SECTION 17,
TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., LYING WESTERLY OF COUNTY ROAD
NO. 250, (COUNTY ROAD EAST SIDE KITSAP LAKE); EXCEPT THEREFROM THE
NORTH 270 FEET; TOGETHER WITH ABUTTING SHORELANDS; SITUATE IN KITSAP
COUNTY, WASHINGTON.
EXHIBIT B
Frontage Improvements to include curb, gutter, sidewalk, street lighting and associated pavement
and stormwater conveyance improvements.
[] 037Lakehurst SFR Davenport.doc
11,"17/2t)~3 12:47P
CHAlqDRFt DfiU£hlPO~I AG~IT ~.6)(~ Kitsap Co, JlA