HomeMy WebLinkAboutNESS, THOMAS / PATRICIA / TERRENCE AES CONSULTANTS
ANTS 200712240008
Agreement Reo Fee $ 44 00 page 1 of 5
12124/2007 08 59 AM
Karen Flynn, Kitsap Co Auditor
l 1111111 III El 111 1111111111111111111111 111111111 11111111111111111111111 1 11111111111 IN
Filed for Record at Request of
When Recorded Return to
Name Cif Clerk
Address 345 Sixth Street
Bremerton, WA 98337 EXCISE TAX EXEMPT OEC z 4 2007
Document Title: Improvements Agreement (without bond)
Project Name: BP 07 -00088 4 Lot Short Plat
Developer Name: Thomas B Ness, Patricia J Ness, Terrence Lee Ness
Location: SW corner of Riddell Road and Wheaton Way
Tax Parcel #: 022401 -1- 052 -2000
Abbreviated Legal NE 1/4, NE 1/4 Sec 2, T24N, R1E, WM , Kitsap County, WA
Description:
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
short plat which requires future frontage improvements according to 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
Page 1 of 5
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
OWNER(S)
DATED 12 24 -0 60 7 ��
Thomas B Ness
DATED 4 2 Z4 - 0 7
= 44u,,_ _ , ess
DATED 12-12- I L - I , !T az
Terrence Lee Ness
STATE OF WASHINGTON
ss
COUNTY OF KITSAP )
On this day personally appeared before me T�drnQ S B /(leSl� and
, 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 2 ¢ day of 4 ��C 5 2007
,�,OTARy Notary Public in and for the State of
e AUG 10, 2008: = Washington, residing at
N ° ; z= My appointment expires 8 - 14 - 2 04 8
A �
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12 / 24 /2007 4 4 7 —
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Page 2 of 5 _ I �I��I" ��IfI�IO�II�I� "I�IIIIIII�III��I
STATE OF WASHINGTON)
ss
COUNTY OF KITSAP )
On this day personally appeared before me Pa �� /crQ c/ • �e� and
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 1 day of /J, , 2007
``` ,,��uunrrr hrr
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T
�e NOTARY °.
AUG 10, 2008: Notary Public in and for the State of
(P ; e 2 Washington, residing at 5
=�•
's,�9J,• pUBLZG,• �'��� My appointment expires
%0F WAS. `
STATE OF WASHINGTON) ►,,,,,,,,,,���
ss
COUNTY OF KITSAP )
On this day personally appeared before me Tgrrenci— L. Nj e - s and
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 2,2 day of DeCemb4-r 9 2007
,d'4t- / ) az;S
A OFFICIAL SEAL Notary Public in and for the State of
AMBER WOODS
NOTARY PUBLIC- OREGON O veTr W�, residing at 1�luarh>, B1M Cp
* COMMISSION NO 411888 J
f 0 M y p ap ex Tres I I 1151 ZA 10
IVY ^JF,�MIS�'OM �XFIRF S E�',?VEf�iBER 1 201
CITY OF BREMERTON
ACCEPTED
PHIL WILLIAMS
DIRECTOR OF PUBLIC WORKS & UTILITIES
AES CONSULTANTS 200712240008
Agreement Rec Fee $ 44 00
12/24/2007 08 59 AM Page 3 of 5
Page 3 of 5 Karen Flynn, Kitsap Co Auditor
1111111 II! 111111 IIII 111111 IIII 1111111111111 IIII IIII IIIII 111 1111 II IIIII IIIII IIIII IIII IIII ;
EXHIBIT "A"
THE NORTH HALF OF THE EAST 15 ACRES OF THE NORTH HALF OF THE NORTHEAST QUARTER OF
THE NORTHEAST QUARTER, SECTION 2, TOWNSHIP 24 NORTH, RANGE 1 EAST, W M , IN KITSAP
COUNTY, WASHINGTON ,
EXCEPT THE NORTH 30 FEET FOR RIDDELL ROAD AS CONVEYED TO KITSAP COUNTY FOR RIGHT -
OF -WAY PURPOSES UNDER AUDITOR'S FILE NO 681546,
EXCEPT THE EAST 30 FEET FOR LATERAL HIGHWAY NO 21 (SECONDARY STATE HIGHWAY 21 -A)
AS CONVEYED TO THE STATE OF WASHINGTON BY DEED RECORDED UNDER AUDITOR'S FILE NO
281691,
EXCEPT THE SOUTH 150 FEET OF THE WEST 190 FEET THEREOF,
AND EXCEPT THE FOLLOWING DESCRIBED PROPERTY
THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER, SECTION 2,
TOWNSHIP 24 NORTH, RANGE 1 EAST, W M , IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS
BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 2,
THENCE NORTH 88 0 45'20" WEST ALONG THE CENTERLINE OF RIDDELL ROAD 644 FEET,
THENCE SOUTH 3 0 49'59" WEST 30 FEET TO THE SOUTH MARGIN OF SAID RIDDELL ROAD AND
THE TRUE POINT OF BEGINNING,
THENCE CONTINUE SOUTH 3 0 49'59" WEST 172 FEET,
THENCE NORTH 88 °45'20" WEST 150 FEET,
THENCE NORTH 3 0 49'59" EAST 172 FEET TO THE SOUTH MARGIN OF RIDDELL ROAD,
THENCE SOUTH 88 0 45'20" EAST ALONG SAID SOUTH MARGIN 150 FEET TO THE TRUE POINT OF
BEGINNING,
ALSO EXCEPT THE FOLLOWING DESCRIBED PROPERTY AS CONVEYED TO THE CITY OF
BREMERTON FOR WHEATON WAY BY DEED RECORDED UNDER AUDITOR'S FILE NO 1158505
BEGINNING AT THE NORTHEAST CORNER OF THE ABOVE DESCRIBED PROPERTY,
THENCE SOUTH PARALLEL TO WHEATON WAY TO THE SOUTH BOUNDARY OF THE ABOVE
DESCRIBED PROPERTY,
THENCE WEST 6 FEET,
THENCE NORTH PARALLEL TO WHEATON WAY TO A POINT 12 FEET SOUTH OF THE SOUTH
MARGIN OF RIDDELL ROAD,
THENCE ALONG THE ARC OF A CURVE TO THE LEFT, SAID ARC HAVING A RADIUS OF 12 FEET TO
THE SOUTH MARGIN OF RIDDELL ROAD,
THENCE EAST ALONG SAID SOUTH MARGIN TO THE POINT OF BEGINNING,
ALSO EXCEPT THE FOLLOWING DESCRIBED PROPERTY
THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 2,
TOWNSHIP 24 NORTH, RANGE 1 EAST, W M , IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS
BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 2,
AES CONSULTANTS 200712240008
Agreement Rec Fee $ 44 00
12124/2007 08 59 AM Page 4 of 5
Karen Flynn, Kitsap Co Auditor
1111111 III 111111 1111! 111111 IIII 1111111111111 IIII IIII 111111111111 III 1 IIIII VIII IIII IIII
Page 4 of 5
Order No MM - 20332704
EXHIBIT "A" - Continued
THENCE NORTH 88 0 45'20" WEST ALONG THE CENTERLINE OF RIDDELL ROAD 644 FEET,
THENCE SOUTH 3 0 49'59" WEST 30 FEET TO THE SOUTH MARGIN OF RIDDELL ROAD,
THENCE CONTINUING SOUTH 3 0 49'59" WEST 172 FEET TO THE TRUE POINT OF BEGINNING,
THENCE NORTH 88 °45'20' WEST 150 FEET,
THENCE SOUTH 3 0 49'59" EAST 1 32 FEET TO THE NORTH LINE OF THE SOUTH 190 FEET OF THE
NORTH HALF OF THE EAST 15 ACRES OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SAID SECTION 2,
THENCE SOUTH 88 0 45'20" EAST ALONG SAID NORTH LINE 150 00 FEET,
THENCE NORTH 3 0 49'59" EAST 148 FEET TO THE TRUE POINT OF BEGINNING,
TOGETHER WITH THE EAST 30 00 FEET OF THE WEST 190 00 FEET OF THE SOUTH 150 FEET OF
THE NORTH HALF OF THE EAST 15 ACRES OF THE NORTH HALF OF THE NORTHEAST QUARTER OF
THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 24 NORTH, RANGE 1 EAST, W M , IN
KITSAP COUNTY, WASHINGTON ,
(ALSO KNOWN AS RESULTANT PARCEL 2 OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER
AUDITOR'S FILE NO 200710100094, BEING AN AMENDMENT OF FORMER BOUNDARY LINE
ADJUSTMENTS FILED UNDER AUDITOR'S FILE NO 3046947, 200702090202 AND 200709140089),
SITUATE IN THE CITY OF BREMERTON, COUNTY OF KITSAP, STATE OF WASHINGTON
EXHIBIT B
Lot A No improvements required
Lot B Installation of curb, gutter, sidewalk, public street lighting, associated storm conveyance and
pavement restoration, on the north boundary of the property 413 97 lineal feet fronting Riddell Road and
on the east boundary 124 29 lineal feet fronting Wheaton Way
Lot C No improvements required
Lot D Installation of curb, gutter, sidewalk, public street lighting, associated storm conveyance and
pavement restoration, on the north boundary of the property 130 18 lineal feet fronting Riddell Road
Riddell Wheaton Ness doe
PE CONSULTANTS 200712240008
/24/2007 Rec 59eAM$ 44 00
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