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HomeMy WebLinkAboutCHINOOK PROPERTIES BR£M£RTON CITY OF ~tSNT ~2.88 Kit~ap C0, WA Filed 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: Chinook Properties Inc. Location: Sylvan Way and Pine Road near SE comer Tax Parcel #: 4585-000-016-0809 Abbreviated Legal A portion of the SW ¼ of the SE ¼ of Section 02, T. 24 E, R 1, WM. Description: Parcel B 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 WHEREAS the undersigned, as owner of real property within the City of Bremerton, described in Exhibit "A" and attached hereto by reference heroin, (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 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. OW~?P¢~): DATED: ~-~j-O ~ ,/~,,.~ ~ Chinook Properties Inc. STATE OF WASHINGTON) : SS. COUNTY OF KITSAP ) On this day personally appeared before me ¥.gbL.'q .~b.,m~ ~.X,4~P.~W.. , to me known to be the individual(s) described in and who executed the within foregoing instrument, and acknowledged 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 '~ ~'~ day of x'lXI~.JLV~ 200'_-:% N d for the State of Washington, residing at: My appointment expires: cn~.~ CITY OF BREMERTON ACCEPTED: W. EUGENE SAMPLEY, P.E. DIRECTOR OF PUBLIC WORKS & UTILITIES IIII Hill ti IHIP lit II IIII Itl IIIII IFF I[ 64/~1/Z663 11:581~ BR£M£RTON CITY OF AGMT ~2.88 Kitsap Co, WA EXHIBIT A Parcel B of City o£Bremerton Short Plat recorded under Auditor's file NO 7811090143. That portion of the east 400-feet of Tract 16, Manette Villa Tracts, as per plat recorded in volume 4 o£ Plats, page 95, records of Kitsap County, described as follows: commencing a the northwest corner of the southwest quarter of the southeast quarter, Section 2, Township 24 North, Range 1 East, W.M., Which bears N 02009'57'' E - 1339.14-fcet from the south quarter corner 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 100.03-£eet to the True Point of Beginning; Thence S 89°43'22" E - 100.04-£eet; Thence N 01 °55'15" E - 175.83-feet; Thence N 89°43'22" W - 100.04-feet; Thence S 01°55'15" W - 175.83-feet to the True Point of Beginning. 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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