HomeMy WebLinkAboutCLARKFiled for Record at Request of:
When Recorded Return to:
Name: City Clerk
Address: 239 Fourth Street
Bremerton, WA 98337
Document Title: Improvements Agreement (without bond)
Project Name: Clark Multi Family
Developer Name: Clark, Randy H. & Linda J.
Location: Sylvan Way and Pine Road near SE comer
Tax Parcel #: 4585-000-016-0700
Abbreviated Legal A portion of the SW ¼ of the SE ¼ of Section 02, T. 24 E, R 1, WM.
Description: Parcel A recorded under AFN 7811090143 a portion of Tract 16 Manette
Villa Tracts.
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
WItEREAS 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 building permit which requires future frontage improvements according to
the City of Bremerton Municipal Code.
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 thc City's decision to have the
improvements subject to this agreement constructed by the Owner rather than through a Local
Improvement District, or thc 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 thc authority to construct said improvements and the
costs of construction shall be assessed against thc 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.
BRE~IERTO~ CITY OF 80M~ ~,SB Kidnap Co, ti8
EXHIBIT A
Parcel I: That portion of the east 400-feet of Tract 16, Manette Villa Tracts, as per plat recorded
in volmne 4 of Plats, page 95, records of Kitsap County, Washington, described as follows:
commencing a the northwest comer of the southwest quarter of the southeast quarter, Section 2,
Township 24 North, Range 1 East, W.M., in Kitsap County, Washington, which bears
N 02°09'57" E - 1339.14-feet from the south quarter comer of said Section 2; Thence
N 89°45'47" E along the center line of Sylvan Way 258.11-feet; Thence S 01 °55' 15" W along
the west line of the east 400-feet of said Lot 16 a distance of 175.84-feet to the Tree Point of
Beginning; Thence continue S 01055, 15" W - 175.83-feet to the south line of said Tract 16;
Thence S 89°43'22" E along the south line of said Tract 16, a distance of 100.03-feet; Thence N
01°55'15" E - 175.83-feet to the southeast comer of that tract of land sold to Dennis R. Johnston
and described in'iffstrUment recorded ~de~-~d~t-0~s ~ile NOi f0~1286; Thence~N 89043'22" W
along the south line thereof 100.03-feet to the Tree Point of Beginning; (being designated as Lot
A of Short Plat No. 45-78 recorded under Auditor's File No. 7811090143).
EXHIBIT B
Installation of curb, gutter, sidewalk, street lighting, associated storm conveyance and associated
pavement work along a portion of Sylvan Way.
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BR£MERTON CITY OF 14GMT $88.88 Ki~sap