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HomeMy WebLinkAboutPOTTER, JACK • aZZ�(of Filed for Record at Request of When Recorded Return to KITSAF COUNTY Name City Clerk $12.00 CNCK Address 239 Fourth Street ILED -BY: BREMERTON CITY OF JUL it 19969 9:18 M Bremerton, WA 98337 AREN FLYNN4 AUDITOR LERK: BEVANS IMPROVEMENTS AGREEMENT Project Name Assisted Living Concepts/ Short Plat Developer Name Jack Potter Location W side Pine Rd apprx 840 S of Sylvan Way Tax Parcel # 022401 -3- 033 -2000 i 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 ® . ® 960701 [030 REEL 0917 FR 1295 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 road frontage improvements including but not limited to curbs, gutters and sidewalks along Pine Road and Ricky Road according to Short Plat #SP 09 -96 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 IMPROVEMENTSAGREEMENT 6/7/96 Page #I 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 hens 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 t 0 6A A " STATE OF WASHINGTON) A . F m =- '' 6070I M30 ss REEL 0917 FR 2 296 COUNTY OF KITSAP ) On this day personally appeared before me JA c K t T7EP,- , to me known to be the individual(s) described in and who executed the within foregoing instrument, and IMPROVEMENTSAGREEMENT 6/7/96 Page # 2 acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned ` G>N under my hand and official seal this 18 771 - day of 1996 a�• uM #0 . : �� D : • ® ®ti�� , ' Notary Public in and for the State of Washington, residing at My appointment expires J v - 5P r CITY OF B ON ACC PTE W EUGENE SAMPLEY, P E DIRECTOR OF PUBLIC WORKS & UTILITIES 4. 9607010030 REEL. 0917 FR 1 297 IMPROVEMENTSAGREEMENT 6/7/96 Page # 3 • EXHIBIT B Owner is required to provide frontage Improvements Including but not limited to curb, gutter and sidewalk along both Pine Road and Ricky Road A. Fw : 960701 0030 REEL 0917 FR 1 299 96431 IMPROVEMENTSAGREEMENT 6/7/96 Page # 5 11786980 -6 03 -29 -96 2/400 AFTER RECORDING REIURN M: -5nuror merle. mOr x1555 t m n Fbs 4" ti I' -33577 D® OF KNOW ALL MEN BY THESE PRESENTS that BRIAN A. OLSEN AND TERESA A. OLSEN, HUSBAND AND WIFE is the grantor, and CHAPTER TITLE CORPORATION is the trustee, and LYNNWOOD MORTGAGE CORPORATION is the beneficiary under that certain trust deed dated August 2nd 19 89 and recorded an August 9th , 1989 in the Mortgage Records of HITSAP County, State of Washington, Volume 507 Page, 2065 under Auditor's File No. 8908090150 The undersinged Successor Trustee, having received fran the beneficiary under said trust deed a written request to reconvey, reciting and the obligations secured by the trust deed have been fully satisfied , does hereby reconvey, without any convenant or warranty expressed or implied, to the person or persons legally entitled thereto, all of the right, title and interest now held by said Successor Trustee in and to the property described in said trust deed. IN WITNESS WHEREOF, the undersigned has caused these presents to be executed by its duly authorized officer an the date and year below written. Forrest N.A. Bacci, Trustee, Inc. By: Foftest N.A. Bacci, President State of Oregon, County of Multnarah) ss. Date: jl.l ne o3(.p , )q9(0 FOrres} Personally appeared before N.A. Bacci, who, being duly sworn, did say that he is the President of FfiUMP N.A. Bacci, Trustee, Inc., and that the foregoing instnmlent was signed on behalf of said corporation by authority of its board of directors; and acknowledged said ins tnm ent to be its voluntary act and deed. Before me : tart' Public 1- OFFICIAL SEAL r FORS ORUNECZ My camLission expires NOTARY PUBLIC - OVOON COMMISSION NO 0 P , 0C%1% EXPIRES Ov i 06,1997 KITSAP COUNTY ` �B. DD CHCK FILED —BY: FORREST N A BACCI JUL It 19961 9:31 M KAREN FLYNN9 AUDITOR CLERK: BEVANS Q F . 'cmm 96070 1 0045 REEL 0917 FR 1318 2 -490 K 1 EXHIBIT A CITY OF BREMERTON SHORT SUBDIVISION APPLICATION ��L J Cp LEGAL DESCRIPTIONS _ O A 21410 , L � Np S EXPIRES 10/9/97 MAY 23, 1996 TOTAL PARCEL That portion of the Southeast quarter of the Southwest quarter of Section 2, Township 24 North, Range 1 East, W M , in Kltsap County, Washington, conveyed by that certain Deed of Trust recorded under Kltsap County Auditor's File No 8207020031 LOT A That portion of the Southeast quarter of the Southwest quarter of Section 2, Township 24 North, Range 1 East, W M , in Kltsap County, Washington, described as follows Beginning at the Southeast corner of the Southwest quarter of said Section 2, thence North 3 0 26'08" East, along the East line of said Southwest quarter, a distance of 323 00 feet to an intersection with the easterly prolongation of the South line of that certain parcel of land conveyed by instrument recorded under Auditor's File No 8207020031 and the TRUE POINT OF BEGINNING, thence North 88 0 01'30" West, along said South line, a distance of 331 76 feet, thence North 3 0 26'08" East, parallel with the East line of said Southwest quarter, a distance of 345 68 feet to the North line of the Southeast quarter of the Southeast quarter of the Southwest quarter said Section 2, thence South 88° 11'42" East, along said North line, a distance of 331 78 feet to the Northeast corner of the Southeast quarter of the Southeast quarter of the Southwest quarter of said Section 2, thence South 3 0 26'08" West, along the East line of said Southwest quarter, a distance of 346 66 feet to the True Point of Beginning, EXCEPT the East 30 feet thereof for Pine Road as conveyed by Right -of -Way Deed recorded under Auditor's File No 862835 ' A .. F ® o 960701 0030 LOT B : REEL 0917 FIR 1298 That portion of the Southeast quarter of the Southwest quarter of Section 2, Township 24 North, Range 1 East, W M , in Kltsap County, Washington, described as follows Beginning at the Southeast corner of the Southwest quarter of said Section 2, thence North 3 0 26'08" East, along the East line of said Southwest quarter, a distance of 323 00 feel to an intersection wit" the easterly - rclon of tho South !s ^,^, of that certain parcel of land conveyed by instrument recorded under Auditor's File No 8207020031, thence North 88 °01'30" West, along said South line, a distance of 331 76 feet to the TRUE POINT OF BEGINNING, thence continuing North 88 0 01'30" West a distance of 332 40 feet to the West line of the Southeast quarter of the Southeast quarter of the Southwest quarter of said Section 2, thence North 3 0 23'13" East, along said West line, a distance of 344 68 feet to the Northwest corner of the Southeast quarter of the Southeast quarter of the Southwest quarter of said Section 2, thence South 88 East, along the North line of said Southeast quarter of the Southeast quarter of the Southwest quarter, a distance of 332 71 feet, thence South 3 0 26'08" West, parallel with the East line of said Southwest quarter, a distance of 345.68 feet to the True Point of Beginning, EXCEPT the West 30 feet thereof for Rickey Road as conveyed by Right -of -Way Deed recorded under Auditor's File No 984389 IMPROVEMENTSAGREEMENT 6/7/96 PAGE #4 3.1786980 -6 03 -29 -96 2/400 7 ;do /3�5� 7 AFTER REODRD3NG RETURN M: 5xurce.. , M dr� &155 F ar m - , n#d) X od Fa , (m i r)0n 1 "S1 M MS33y_3�5�1 Am OF SUCCESSOR KNOW ALL MEN BY THESE PRESENTS that BRIAN A. OLSEN and TERESA A. OLSEN, HUSBAND AND WIFE is the grantor, and $8.00 K ITSAP COUNTY CHCB C3ARTER TITLE OORPORATION FILED -BY: FORREST N A BACCI is the trustee, and JU. Is 4996+ 9:37 AM Y KAREN FLYNNi AWITOR LYNNWOOD MORTGAGE CORPORATION is the beneficiary under that certain trust deed dated August 2nd 19 89 and recorded on August 9th , 1989 in the Mortgage Records of RITSAF County, State of Washington, Volume 507 Page, 2065 under Auditor's File No. 8908090150 ER TITLE CORPORATION hereby re s trustee under that trust deed described ER TITLE CORPORATION Date: 19 By: Title: The trustee has ceased to act as trustee by reason of resignation. The undersigned, who is the present beneficiary under said trust deed, desires to appoint a new trustee i.n the place and stead of the trustee named above; NOW, 'TBEREFORE, in view of the premises, the undersigned hereby appoints Forrest N.A. Bacci, Trustee, Inc., whose address is 521 S.W. Clay, Suite 200, Portland, Oregon 97201 as successor trustee under said trust deed, he to have all the powers of said original trustee. IN WITNESS WHEREOF, the undersigned beneficiary has caused these presents to be executed by its duly appointed officer on the date and year below written.. °� Source One Mortgage Services Cvrpbl FKA: F1 man's Fund Mortgage Co oration FKA: M facturers Hanover Mor age Carp6ratron By: lla Jordan, Assistant Vice Presierib _6 State of Michigan ) CLERK: BEVANS County of Oakland) A.. F. # ® 96070 Date: April 18th 1996 REEL.' €917 FR 1317 Personally appeared before me Armella Jordan, who, being duly sworn, did say that she is the Assistant Vice President of Source One Mortgage Services Corporation and that the foregoing instnm was signed an behalf of skid corporatidn- by authority of its board of directors; and acknowledged said instruDent -to be its voluntary act and deed. DELORES D PERRY Before me : NOWY Public Wayne County Michigan Acting m Oakland County Notary Public My Commission Expires November 1. 1998 `. My commission expires: _ 3 -447