HomeMy WebLinkAboutWIGWAM EXPANSIONReturn Address: City Clerk
City of Bremerton
345 6th Street, Suite 100
Bremerton, WA 98337
SPNCHEZ MITCHELL FT AL 201809240040
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AUDITOR/RECORDER'S INDEXING FORM
Document Title(s): 1. Frontage Improvements Agreement (without bond)
Reference Number(s) of Documents assigned or released:
Grantor(s): SWEETWOOD PROPERTIES LLC, a Washington limited liability company
0 Additional names on page of document.
Grantee(s): 1. City of Bremerton
❑0 Additional names on page of document.
Legal Description: A PORTION OF GOVERNMENT LOT 1, IN THE SOUTHEAST QUARTER OF THE
(abbreviated) NORTHEAST QUARTER, SECTION 32, TOWNSHIP 24 NORTH, RANGE 1 EAST,
W.M., KITSAP COUNTY, WASHINGTON
0 Additional legal is on page 5 of document.
Assessor's Property Tax Parcel/Account Number:
322401-1-139-2001
Project Name: WigWam Expansion
FRONTAGE 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, and pavement restoration, as a condition for plat,
P.U.D., or building permit approval; and
WHEREAS Kitsap County and the City of Bremerton, pursuant to the Gorst Subarea Plan
(Dec. 2013), concerning development of the Gorst Urban Growth Area ("UGA"), enter into
agreements with property owners within the Gorst UGA requiring the property owners to commit
to future frontage improvements; and
Page 1 of 6 Rev. 06/12
WHEREAS the undersigned, as owner of real property within the Gorst UGA, said real
property being described in Exhibit "A" (hereinafter "Premises"), has made application to Kitsap
County for a NEW PARKING LOT which may require 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 recommendation for and Kitsap County's
approval of Owner's permit application(s) to construct a parking lot on the Premises, do hereby
promise and agree as follows:
1. Local Improvement District. Owner, by signing below, grants to the City of
Bremerton Owner's consent to the formation of a Local Improvement District under RCW Ch.
35.43 for the construction of the frontage improvements described in "Exhibit B" on or abutting
the Premises, as part of any Notice of Petition or Resolution presented to or by the City for the
purpose of performing any of said improvements. The improvements are described in Exhibit "B"
and the Premises is described in Exhibit "A"; the Exhibits are attached hereto and incorporated
herein by this reference.
Owner agrees not to sign any petition to defeat a Local Improvement District formed for
the exclusive purpose of funding the improvements described in Exhibit B, except the Owner may
protest the special benefit to the Premises.
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
Page 2 of 6 Rev. 06/12
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.
6. Release. Upon performance of Owner's obligations set forth in Exhibit "B" hereto,
the City shall execute a release of this frontage improvements agreement and shall cause said
release to be recorded with the Kitsap County Auditor.
[611A 10 111
DATED: QC) to
STATE OF WASHINGTON )
) ss.
COUNTY OF KITSAP )
SWEETWOOD PROPERTIES LLC
On this day of 3 ,,., , 2018, before me a Notary Public in and for
the State of Washington, personally appeared (.2 ��Cxx> to me known
to be the putt- "� - of Sweetwood Properties LLC, a limited liability
company, that executed the foregoing instrument, and acknowledged it to be the free and voluntary
act and deed of the corporation, for the uses and purposes mentioned in this instrument, and on oath
stated that he/she/they was/were authorized to execute said instrument.
GIVEN under my hand and official seal this V1' y of , 2018.
VW
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2. �p�►"""10" .
Notary Public in and for the State of
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Washington, residing at:
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My appointment expires: I - JS - C>
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Page 3 of 6
Rev. 06/12
CITY OF BREMERTON
ACCEPTED:
C Al, MARTIN
DIRECTOR OF PUBLIC WORKS & UTILITIES
APPROVED AS TO FORM:
i
ROGER LU#qyjen, CITY ATTOPNEY
Page 4 of 6 Rev. 06/12
EXHIBIT A
32241E
PARCEL I: RESULTANT PARCEL A OF DECLARATION OF PARTITION RECORDED
UNDER AUDITOR'S FILE NO. 201710050034, RECORDS OF KITSAP COUNTY,
WASHINGTON, BEING A PORTION OF GOVERNMENT LOT 1, IN THE SOUTHEAST
QUARTER OF THE NORTHEAST QUARTER, SECTION 32, TOWNSHIP 24 NORTH,
RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON; SUBJECT TO EASEMENTS,
RESTRICTIONS AND RESERVATIONS OF RECORD. PARCEL 11: RESULTANT PARCEL
B OF DECLARATION OF PARTITION RECORDED UNDER AUDITOR'S FILE NO.
201710050034, RECORDS OF KITSAP COUNTY, WASHINGTON, BEING A PORTION OF
GOVERNMENT LOT 1, IN THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER, SECTION 32, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., KITSAP
COUNTY, WASHINGTON; SUBJECT TO EASEMENTS, RESTRICTIONS AND
RESERVATIONS OF RECORD.
Page 5 of 6 Rev. 06/12
- t
FXHTRTT R
Installation of approximately 125 lineal feet of curb, gutter, sidewalk, planter strip, and street trees
pursuant to City of Bremerton Municipal Code 11.12 and the City of Bremerton Standards for
Work in Rights -of -Way
Page 6 of 6 Rev. 06/12