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Home My WebLink AboutCRITICAL AREA COVENANT ATTORNEY'S TITLE OF KITSAP -PORT ORCHARD 201905210178 Covenants Rec Fee: $102.00 05/21/2019 03:54:10 PM Page 1 of 4 Paul Andrews, Kitsap County Auditor When Recording Return To: City Clerk City of Bremerton 345 Sixth Street,Suite 600 Bremerton,WA 98337 Courtesy recording only. No liabiliy for validly and/or accuracy is assumed.This document was recorded by Aftorney's Title of Kitsap as an accornadatia n only. AUDITOR/RECORDER'S INDEXING FORM Document Title(s): I. Critical Area Covenant Reference Numbers)of Documents assigned or released: N/A orantor(IN 1. Port Washington Park,LLC,A Washington Limited Liability Company Declarant I I Additional names on page of document Grantee(s): I. City of Bremerton,a Municipal Corporation I Additional names on page .... - of document. Legal Description: Lots 10,11, 17-22,25,26,29-32,Inclusive,Port Washington Park,according to the plat recorded in Volume 35 of Mats,pages 44-55,inclusive,records of Kitsap County, Washington,situated in Kitsap County,Washington. I_J Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number: 5571-000-010-0006,5571-000-011-0005,5571-000-017-0009, tj 5571-000-018-0008,5571-000-019-0007,5571-000-020-0004, 5571-000-021-0003,5571-000-022-0002,5571-000-025-0009, 5571-000-026-0008,5571-000-029-0005,5571-000-030-0002, 5571-000-031-0001.5571-000-032-0000 CRITICAL AREA COVENANT Permit File No.: BD16 00003, BD19 00006,and individual building permits Project Address: Port Washington Park,Bremerton, WA,98311 WHEREAS,Grantor/Declarant has sought a development permit from the City of Bremerton,a Washington Municipal Corporation; and - I - { 201905210178 05/21/2019 03:54:10 PM Page 2 of 4 WHEREAS,Grantor/Declarant has sought permission from the City of Bremerton to construct improvements on a portion of the property that is encumbered by a Critical Area,specifically a"Geographically Hazardous Area"as defined and set forth in Chapter 20.14.600 BMC having a slope of 30%or greater;and WHEREAS, the City of Bremerton, in authorizing and approving development plans portion for this of the property, makes no representation, guarantee, or warranty regarding the safetyand stability of the affected site;and 1 i I WHEREAS,BMC 20.14.130(g),provides that the City of Bremerton may require that any owner of real property seeking a development permit to record a covenant providing notice of critical area and holding the City harmless in cases where a site- specific critical area could pose potential threats to safety;and WHEREAS, as a condition of developing this portion of the property, and in recognition of the City's ministerial function in accepting and approving Grantor's/Declarant's development plans, Grantor/Declarant has agreed to execute and record this hold harmless agreement and covenant. NOW THEREFORE, Grantor/Declarant hereby declares and agrees as follows: 1. The foregoing recitals are made a part of this agreement as if fully set forth herein. 2. Grantor/Declarant is the owner of the real property situated in the City of Bremerton,Kitsap County,State of Washington described in the Legal Description above. 3. Grantor/Declarant applied for a development permit on the subject property and has agreed to execute and record this hold harmless agreement and covenant. I! 4. Hold Harmless. Grantor/Declarant on his/her own behalf and on behalf of his/her heirs, successors and assigns hereby waives any right to assert any claim against the City and therefore agrees to hold the City harmless, for any loss or damage to people or property, either on or off the site, resulting from landslides, soil movement, seismic activity or other soil disturbance by reason of or arising out of the issuance of the permit(s) by the City for development on this property,except only for such losses that may directly result from the sole negligence of the City. "Development" includes construction of buildings,utilities,retaining walls,and/or any other structures including but not limited to storm water retention and foundations developed in conjunction with the development permit(s)issued herein. 5. Covenant Running with the Property. This hold harmless is a perpetual covenant running with the "property" and is binding upon the Grantor's/Declarant's successor and assigns. 1 201905210178 05/21/2019 03:54:10 PM Page 3 of 4 20 d4 DATED at Bremerton,Kitsap County, Washington, this day of ,20\� GRANTOR/DECLARANT: (Owner(s)of real property) By:WA J — • „ . '. By: 'PO 1.442.5(441 /11-vk Print Name:i - U 1 • Print Name: ��-- Its: 'Y/\e LoP.v' Its: STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) On this *-113k)-.day of 1. ,20 I61. before me a Notary Public in and for the State of Washington,personally appeared �,.,,i , Oj (A. -- and ,to me known to be the 6MG4.-r4 Imo" of 1to+4 trkAstiorvi eesei ..L Washington partnership,who executed the foregoing instrument,and acknowledged it to be the free and voluntary actf said partnership,for the uses and purposes mentioned in this instrument,and on oath stated that �/ was authorized to execute said instrument. \A\ J S T R l JIt -Notary Seal Must Appear Within This flax- ? 'C .+++�N„ IF 4c, q W0E4OF,I have h unto set my d and fli ial seal the day and year first above written. u • A o 2 t�,A+ri 1 V 3 ntl tIt '4 �// T pr's, $V9r `�, ^�O _ NOT"ARYPUB t 1C,inand l r�tte '�"C✓l Lk)4, O S'�'�� p !� / j k' 29'x+`' C? of Washington.residing at .7 My appointment expires /Z� WA �` pp r The foregoing Agreement is accepted by the City of Bremerton this,2i day of /1/14 ,20/99 CITY OF BREMERTON: By: .tt '41, a.. PrinT ame: Luis ' ' Its: ' A .3- (Partnerships Only) 201905210178 05/21/2019 03:54:10 PM Page 4 of 4 i Exhibit"A" Lots 10, 11,17,18,19,20,21,22, 25,26,29, 30,31,and 32,Port Washington Park,according to the plat recorded in Volume 35 of Plats, pages 47 through 55, inclusive, records of Kitsap County,Washington. APN 5571-000-010-0006 5571-000-011-0005 5571-000-017-0009 5571-000-018-0008 5571-000-019-0007 5571-000-020-0004 5571-000-021-0003 5571-000-022-0002 5571-000-025-0009 5571-000-026-0008 5571-000-029-0005 5571-000-030-0002 5571-000-031-0001 5571-000-032-0000 { {yt When Recording Return To: City Clerk City of Bremerton 345 Sixth Street,Suite 600 is o Bremerton, WA 98337 Coonly N document was recorded by liability, validityurtesy .and/recoror accuracyding for assumed.This Attorneys Title of Kitsap as on accomodotion only. AUDITOR/RECORDER'S INDEXING FORM Document Title(*): 1. Critical Area Covenant Reference Numbers)of Documents assigned or released: N/A • Grantor(:)! 1. Port Washington Park,LLC,A Washington Limited Liability Company Declarant: n Additional names on page of document. Grantee(,): I. City of Bremerton,a Municipal Corporation Additional names on page of document. Legal Deacrlptlon: Lots 10,11, 17-22,25,26,29-32,Inclusive,Port Washington Park,according to the plat recorded in Volume 35 of Plats,pages 44-55,inclusive,records of Kitsap County, Washington,situated in Kitsap County,Washington. Additional legal is on page of document. Assessor's Property Tax ParceUAccount Number: 5571-000-010-0006,5571-000-011-0005,5571-000-017-0009, 5571-000-018-0008,5571-000-019-0007,5571-000-020-0004, 5571-000-021-0003,5571-000-022-0002,5571-000-025-0009, 5571-000-026-0008,5571-000-029-0005,5571-000-030-0002, 5571-000-031-0001.5571-000-032-0000 CRITICAL AREA COVENANT Permit File No.: BD16 00001 BD19 00006,and individual building permits Project Address: Port Washington Park,Bremerton,WA.98311 WHEREAS, Grantor/Declarant has sought a development permit from the City of Bremerton, a Washington Municipal Corporation; and 1 WHEREAS, Grantor/Declarant has sought permission from the City of Bremerton to construct improvements on a portion of the property that is encumbered by a Critical Area,specifically a"Geographically Hazardous Area"as defined and set forth in Chapter 20.14.600 BMC having a slope of 30%or greater;and WHEREAS, the City of Bremerton, in authorizing and approving development plans for this portion of the property, makes no representation, guarantee, or warranty regarding the safety and stability of the affected site; and WHEREAS,BMC 20.14.130(g),provides that the City of Bremerton may require that any owner of real property seeking a development permit to record a covenant providing notice of critical area and holding the City harmless in cases where a site- specific critical area could pose potential threats to safety; and WHEREAS, as a condition of developing this portion of the property, and in recognition of the City's ministerial function in accepting and approving Grantor's/Declarant's development plans, Grantor/Declarant has agreed to execute and record this hold harmless agreement and covenant. NOW THEREFORE, Grantor/Declarant hereby declares and agrees as follows: 1. The foregoing recitals are made a part of this agreement as if fully set forth herein. 2. Grantor/Declarant is the owner of the real property situated in the City of Bremerton,Kitsap County, State of Washington described in the Legal Description above. 3. Grantor/Declarant applied for a development permit on the subject property and has agreed to execute and record this hold harmless agreement and covenant. 4. Hold Harmless. Grantor/Declarant on his/her own behalf and on behalf of his/her heirs, successors and assigns hereby waives any right to assert any claim against the City and therefore agrees to hold the City harmless, for any loss or damage to people or property, either on or off the site, resulting from landslides, soil movement, seismic activity or other soil disturbance by reason of or arising out of the issuance of the permit(s) by the City for development on this property,except only for such losses that may directly result from the sole negligence of the City. "Development" includes construction of buildings,utilities,retaining walls,and/or any other structures including but not limited to storm water retention and foundations developed in conjunction with the development permit(s)issued herein. 5. Covenant Running with the Property. This hold harmless is a perpetual covenant running with the "property" and is binding upon the Grantor's/Declarant's successor and assigns. -2- DATED at Bremerton,Kitsap County, Washington,this day of ,20 `4_ GRANTOR/DECLARANT: (Owner(s)of real property) DD By:UJ.ul-a,,.- -` By; 40.r4 )tL5L41 ,. 4.4k Print Name:LL cUue r- i - Print Name: l_,C,L- Its: 'WleA,AAJgare Its: STATE OF WASHINGTON ) ) ss. COUNTY OF KITTSAP�) On this T G" day of ✓ ,20 1.4 before me a Notary Public in and for the State of Washington,personally appeared (i-,1n., lti -- and to me known to be the ✓1�.�-A I c-r yeti, , Wus(m- 4,,, Pafl4t-A-e----a Washington partnership,who executed the foregoing instrument,and acknowledged it to be the free and voluntary act 9f said partnership,for the uses and purposes mentioned in this instrument,and on oath stated that lit-1--was authorized to execute said instrument. -S k‘ J S T pi Ili,1/ -Notary Seal Must Appear Within This Box- AQ'ars �E�VI V.EVOF,I have ghe unto set mya( and ffi ial seal the day and year first above written. su y5 - Ns '' K 4 h; U U . S-fran&l f'tiy $ B� ,tom NOTARY PUBLIC,in and the State t . of Washington,residing at q '1) Oic SN��\`� My appointment expires 9 ZZ,- - 1111.1j11WA`\\\\�. The foregoing Agreement is accepted by the City of Bremerton this,,l 1 day of /4/4X ,20/9 . CITY OF BREMERTON: By: .iLLit,�1s:i`t PrinT ame: ,l., tun '> Its: ._ -3 (Partnerships Only) Exhibit"A" Lots 10, 11, 17, 18, 19, 20,21,22, 25, 26, 29, 30, 31, and 32, Port Washington Park,according to the plat recorded in Volume 35 of Plats, pages 47 through 55, inclusive, records of Kitsap County,Washington. APN 5571-000-010-0006 5571-000-011-0005 5571-000-017-0009 5571-000-018-0008 5571-000-019-0007 5571-000-020-0004 5571-000-021-0003 5571-000-022-0002 5571-000-025-0009 5571-000-026-0008 5571-000-029-0005 5571-000-030-0002 5571-000-031-0001 5571-000-032-0000