HomeMy WebLinkAboutGARDNER, GORDON Jun -12 -97 14:40 AA CLEANING&ENV. 360 792 9340 P_02
Filed for Record at Request of.
When Recorded Return to
Name City Clerk
Address 239 Fourth Strret
Bremerton_ WA 98337
Document Title: Improvements Agreement
Project Name: AA Cleaning and Environmental
Developer Name: Gordon Gardner
Location: 102 S Oyster Bay Ave
Tax Parcel #: 4502- 001 -001 -0002
Abbreviated Legal Parcel I That portion of lots 1 and 2, block 1, Bremerton Heights,
Description: according to the plat recorded in volume 3 of plats, page 41
IMPROVEMENTS AGREEMENT
WHEREAS the City of Bremerton requires certain land developments to include public
and pnvate 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 a Special Use Permit which requires construction of road frontage
improvements according to SUP 97 -007
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 pronuse and agree as follows
Jun -12 -97 14:41 AA CLEANING &ENV. 360 792 9340 P_03
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 fonned 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 matenalman'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 -Wav Owner shall also obtain all other permits required to
complete the improvements
Jun -12 -97 14:41 AA CLEANING &ENV. 360 792 9340 P_04
i q Q
D
DATED
o�r-� V �CA-or, c-, TATE OF WASHINGTON)
ss
CO Y OF KITSAP )
On th day personally appeared before me , to me
known to be the ndrvidual(s) described to and who executed the within foregoing instrument,
and acknowledged t they signed the same as their free and voluntary act and deed, for the uses
and purposes therein m tioned
GIVEN under my hand official seal this day of 1997
Notary Publio�in and for the State of
Washington, residi g� at
My appointment exp�r s
CITY OF BREMERTON
ACCEPTED
W EUGENE SAMPLEY, P.E.
DIRECTOR OF PUBLIC WORKS & UTILITIES
• 03i0hi96 14:35 8 239 6153 f4TCCP -Dtn$3 01
I
I
CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT
1
STATE OF
COUNTY OF
ON BEFORE ME,
Drat 1tPL! Or d#"NA •!C4 "Jma
OERSONALLY APPEARED n�-e y --
NAM�(q oM 41oi+INq, �
0 - PROVED TO ME ON THE BAhI OF SA'I'1SFACTORY M SNCE
to be the perrliot� ilvhos6 neme4e) i 'Gu�
scribed to the �Irltlt n ln�Itrrwt»ent I nd a awl» '
edged to and of t halaWAher ex�rcu the
same In hI authorized oaosol +'
and that by h r eigrature(l on o bt»
stnument the pe1'dnW, or the entity u n be-
half of w hich the �rson� acted, execu the
Instrument. ;
I
WITNESS m y hand and official seal. �
MONICA ALVAREZ
COMM #1089989 n
pOjpR j pijBLIGCALIFGRNW n
in SAPS DIEGO COUNTY
,,A� M Cojwiss +on Expires
MARCH 13, 2000 IRNK M OF "am
'I
own
i
OPTIONAL
though the data below Is not required by law, h may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER D ESC R IPTION OF A TT ACHE D DO dUME � I
M �
❑ INDIVIDUAL
[3 CORPORATE OFFICER
r
rT� TITLE 6R TYPE OF DOCUMENT
❑ PARTNER(G) C] LIMITED
C] GENERAL
❑TRUSTEE YIN FAOT
I
❑ Q{UARDIAN/CON8ERVATOIR NUMBER OF (MFG
❑OTHER
l
_ III
81oNEa 13 REPRESENTINGi: DATE OF DOCUMENT
NAMI OF PEMON(0) OR ENTRYPi
e 8N ) OTHER THi
Jun-12-97 14:41 AA CLEANING &ENV_ 360 792 9340 P_05
EMT _4
rS /C2330 LEGAL DESCRIPTION FOR 4502 - 001 -001 -0002
06/ "]
BREMERTON HEIGHTS
1 PARCEL I: THAT PORTION OF LOTS 1 AND 2, BLOCK 1, BREMERTON
2 HEIGHTS, ACCORDING TO THE PLAT RECORDED
3 PLATS, PAGE 41, RECORDS OF KITSAP CO IN VOLUME 3 OF
4 DESCRIBED AS FOLLOWS: BEGINNING AT WASHINGTON,
5 SAID LOT 1; THENCE EAST ALONG THE NORTHWEST CORNER OF
6 FEET, THENCE SOUTH 112 FEET; TIiEN TS LINEpT�OF go
7 NORTH 112 FEET TO THE POINT OF BEGINNING. EXCEPT THAT
8 CERTAIN TRIANGLE IN THE SOUTHEAST CORNER THEREOF, BEING 4
9 FEET MEASURED ALONG THE SOUTH BOUNDARY AND 4 FEET MEASURED
10 ALONG THE EAST BOUNDARY; TOGETHER WITH THAT PORTION OF
11 VACATED IST STREET ADJOINING
By ORDI E No. 43a0, CITY OF
NANC
12 BREMERTON, DATED SEPTEMBER 9, 1991 W ATTACHED BY
14 NANC
13 OPERATION OF LAW; EXCEPT THE NORTH 15 FEET OF SAID VACATED
PORTION CONVEYED TO THE CITY BY DEED RECORDED UNDER
15 AUDITOR'S FILE NO. 91 09200116. PARCEL II: AN EASEMENT FOR
BREMERTON HEIGHTS
16 ACCESS PURPOSES 15 FEET IN WIDTH OVER A PORTION OF VACATED
L 1ST STREET ABUTTING A PORTION OF LOTS 1 AND 2, BLOCK 1,
1s BREMERTON HEIGHTS, ACCORDING TO THE PLAT RECORDED IN VOLUME
19 3 OF PLATS, PAGE 41, RECORDS OF KITSAP COUNTY, WASHINGTON,
20 SAID EASEMENT BEING ESTABLISHED BY DOCUMENT FILED UNDER
21 AUDITOR'S FILE NO. 9109200116.
Jun 712 -97 14:42 AA CLEANING &ENV. 360 792 9340 P.06
Y
EXHIBIT B
DESCRIIPTION Ot IMPROVEMENTS
130 LINEAL FEET OF CURB AND GUTTER, SIDEWALK, AND ASSOCIATED STORM
CONVEYANCE IMPROVEMENTS
9606MMNOBND
I