HomeMy WebLinkAboutHOLMFiled for Record at Request of:
When Recorded Return to: $I~, aflKIT~P C0~D' CliCK
:ILEI~Y: CITY OF BREt'ERTON
Name: City Clerk i~ 9~ t~&~ till' 1~
;AREN FLYNN~ AUDITOR
Address: 239 Fourth Street :LEI : BEV
Bremerton, WA 98337
IMPROVEMENTS AGREEMENT
Project Name: Holm Short Plat
Developer Name: Eric Holm
Location: 6508 Harlow Drive
Tax Parcel # 172401- 1-008-2008
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
I~F~' $ = 960~0902~
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 on Harlow Drive and
Lakehurst Drive. Including, but not limited to concrete curb, gutter, sidewalk and storm
conveyance facilities. Short Plat according to SP96-0004.
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
IMPROVEMENTS AGREEMENT
7/25/96
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 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(~
STATE OF WASHINGTON)
~ SS.
COUNTY OF KITSAP )
REEL O922 FR t526
IMPROVEMENTS AGREEM~;NT
7/25/96
Page # 2
E.H. HOLM, HEATHER A. HOLM
On this day personally appeared before me DOROTHY r'.HOLM & CALVIN H. HOU4~ 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 day 1996.
Notary Public in and forclJ~ State of ~.,
Washington, residing
My appointment expires?x
CITY OF BREMERTON
ACC~
W. EUGENE SAMPLEY, P.E.
DIRECTOR OF PUBLIC WORKS & UTILITIES
REEL FR '!52.7
96524\BK
IMPROVEMENTS AGP~EME, IqT
7/25/96
Page # 3
EXHIBIT A
TOTAL PARCEL
THAT PORTION OF GOVERNMENT LOT 6, SECTION 17, TOWNSHIP 24 NORTH,
RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID GOVERNMENT LOT 6,
WHICH IS REFERRED TO AS NORTHWEST CORNER OF THE NORTHEAST QUARTER
OF THE NORTHEAST QUARTER OF SECTION ~7; THENCE S 01° 28' 04" W -
166.50 FEET; THENCE N 89° 20' 04" W - 15 FEET; THENCE S 01° 28' 04"
W - 25 FEET; THENCE CONTINUING S 01° 28' 04" W - 153.06 FEET;
THENCE S 74° 13' W - 199.60 FEET MORE OR.LESS TO THE NORTHEASTERLY
MARGIN OF COUNTY ROAD; THENCE NORTHWESTERLY ALONG THE NORTHEASTERLY
MARGIN OF COUNTY ROAD, 44.40 FEET; THENCE NORTHEASTERLY IN A
STRAIGHT LINE 280 FEET MORE OR LESS TO THE POINT OF BEGINNING.
SHORT PL~T LOT "A"
THAT pORTION OF GOVERNMENT LOT 6, SECTION 17, TOWNSHIP 24 NORTH,
RANGE 1 EAST, W.M., IN KITSAP CO5~fY, WASHINGTON, DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID GOVERNMENT LOT 6,
WHICH IS REFERRED TO AS NORTHWEST COP~NER OF THE NORTHEAST QUARTER
OF THE NORTHEAST QUARTER OF SECTION 17; THENCE S 01° 28' 04" W -
166.50 FEET; THENCE N 89° 20' 04" W - 15 FEET; THENCE S 01° 28' 04"
W - 25 FEET TO HEREIN DESIGNATED POINT "X"; THENCE CONTINUING S 01°
28' 04" W - 153.06 FEET; THENCE S 74° 13' W - 5.25 FEET TO POINT ON '
THE WEST MARGIN OF RIGHT-OF-WAY OF LAKEHURST DRIVE; THENCE
CONTINUING S 74° 13' 00" W -124.04 FEET TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING S 74~ 13' 00" W - 79.33 FEET TO POINT
ON THE NORTHEASTERLY MARGIN OF COUNTY ROAD (HARLOW DRIVE); THENCE
NORTHWESTERLY ON SAID MARGIN OF ROAD ON AN 1165.65 FOOT RADIUS
CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS N 44' 56' 00" EAST,
HAVING A CENTRAL ANGLE OF 2° 10' 57", FOR AN ARC DISTANCE OF 44.40
FEET TO A POINT THAT BEARS S 52° 56' 51" W FROM THE ABOVE
DESIGNATED POINT "X"; THENCE N 52° 56' 51" E - 89.00 FEET; THENCE
S 29° 27' 04" E - 73.50 FEET TO THE TRUE POINT OF BEGINNING.
SHORT PL~T LOT "B"
THAT PORTION OF GOVERNMENT LOT 6, SECTION 17, TOWNSHIP 24 NORTH,
RANGE I EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID GOVERNMENT LOT 6,
WHICH IS REFERRED TO AS NORTHWEST CORNER OF THE NORTHEAST QUARTER
OF THE NORTHEAST QUARTER OF SECTION 17; THENCE S 01' 28' 04" W -
166.50 FEET; THENCE N 89° 20' 04" W - 15 FEET; THENCE S 01° 28' 04"
W - 25 FEET TO HEREIN DESIGNATED POINT "X"; THENCE CONTINUING S 01°
28' 04" W - 153.06 FEET; THENCE S 74° 13' W - 5.25 FEET TO POINT ON
THE WEST MARGIN OF RIGHT-OF-WAY OF LAKEHURST DRIVE; THENCE
CONTINUING S 74' 13' W - 124.04 FEET TO THE TRUE POINT OF
BEGINNING; THENCE N 29° 27' 04" W - 73.50 FEET TO A POINT THAT
BEARS S 52° 56' 51" W FROM THE ABOVE DESIGNATED POINT "X"; THENCE
N 52° 56' 51" E - 78.95 FEET; THENCE S 37° 03' 09" E - 43.50 FEET;
THENCE S 34' 37' 58" W -93.40 FEET TO THE TRUE POINT OF BEGINNING.
EL OgZ FR
iMPROVEMENTS AGREF:M HNT
7/25/%
Page ~ 4
EXHIBIT A
SHORT PL~T LOT "C"
THAT PORTION OF GOVERNMENT LOT 6, SECTION 17, TOWNSHIP 24 NORTH,
RANGE i EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID GOVERNMENT LOT 6,
WHICH IS REFERRED TO AS NORTHWEST CORNER OF THE NORTHEAST QUARTER
OF THE NORTHEAST QUARTER OF SECTION 17; THENCE S O1° 28'
166.50 FEET; THENCE N 89' 20' 04" W - 15 FEET; THENCE S 01' 22' 04"
W - 25 FEET; THENCL CONTINUING S 01° 28' 04" W - 153.06 FEET;
THENCE S 74' 13' W - 5.25 FEET TO POINT ON THE WEST MARCIN OF
RIGHT-OF-WAY OF LAKEHURST DRIVE; THENCE ALONG SAID MARGIN OF
LAKEHURST DRIVE N 00° 28' 17" E - 60.00 FEET TO THE TRUE POINT OF
BEGiNNiNg; 'x~ikNC~E i~iAVii~G SAiD :-'~.GIN OF.~...,-"'~" S 87 ° _' ~ ~ ' _~ ~_'' '"~. -
76.88 FEET; THENCE,.,"' 37' 03' 09" W - 26.88 FEET TO A POINT THAT
BEARS S 52° 56' 51" ~; FROM THE ABOVE DESIGNATED POINT "X"; THENCE
N 52' 55' 51" E - 11';.42 FEET TO A POINT ON THE WEST MARGIN OF SAID
LAKEHURST DRIVE; THENCE ALONG SAID MARGIN OF ROAD S 00° 28' 1~;'' W -
88.59 FEET TO THE TRUE POINT OF BEGINNING.
SHORT PL~T LOT
THAT PORTION OF GOVERNMENT LOT 6, SECTION 17, TOWNSHIP 24 NORTH,
RANGE I EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID GOVERNMENT LOT 6,
WHICH IS REFERRED TO AS NORTHWEST CORNER OF THE NORTHEAST QUARTER
OF THE NORTHEAST QUARTER OF SECTION 17; THENCE S O1° 28' 04" W -
166.50 FEET; THENCE N 89° 20' 04" W - 15 FEET; THENCE S 01° 28' 04"
W - 25 FEET; THENCE CONTINUING S 01° 28' 04" W - 153.06 FEET;
THENCE S 74° 13' W - 5.25 FEET TO POINT ON THE WEST MARGIN OF
RIGHT-OF-WAY OF LAKEHURST DRIVE AND THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ~ 74° 13' 00" W - 124.04 FEET; THENCE N 34° 37'
58" E - 85.55 FEET; THENCE N 87° 18' 16" E - 71.15 FEET TO A POINT
ON THE WEST MARGIN OF LAKEHURST DRIVE; THENCE ALONG SAID MARGIN OF
ROAD S 00° 28' 17" W - 40.00 FEET TO THE TRUE POINT OF BEGINNING.
TRACT ~A"
THAT PORTION OF GOVERNMENT LOT 6, SECTION 17, TOWNSHIP 24 NORTH,
RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS
FOLI&)WS:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID GOVERNMENT LOT 6,
WHICH IS REFERRED TO AS NORTHWEST CORNER OF THE NORTHEAST QUARTER
OF THE NORTHEAST QUARTER OF SECTION 17; THENCE S 01° 28' 04" W -
166.50 FEET; THENCE N 89° 20' 04" W - 15 FEET; THENCE S O1° 28' 04"
W - 25 FEET; THENCE CONTINUING S 01° 28' 04" W - 153.06 FEET;
THENCE S 74° 13' W - 5.25 FEET TO POINT ON THE WEST MARGIN OF
RIGHT-OF-WAY OF LAKEHURST DRIVE; THENCE ALONG SAID MARGIN OF
LAKEHURST DRIVE N 00° 28' 17" E - 40.00 FEET TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING N 00° 28' 17" E - 20.00 FEET; THENCE
S 87° 18' 16" W - 76.88 FEET; THENCE S 37° 03' 09" E - 16.62 FEET;
THENCE S 34° 37' 58" W - 7.85 FEET; THENCE N 87° 18' 16" E - 71.15
FEET TO THE TRUE POINT OF BEGINNING.
F. #: 961 81 90266
EL D922 FR 1329
IMPRO~ME~S AG~E~N'I'
7/25/96
Page ~ 5
EXHIBIT B
Approximately 149 lineal feet of concrete cast-in-place curb, gutter and
sidewalk on Lakehurst Drive and approximately 45 lineal feet of
concrete cast-in-place curb, gutter, and sidewalk on Harlow Drive and
all necessary storm drainage conveyance facilities required along those
frontages.
96068kLIDNOBND
IMPROVEMENTS AGREEMENT
7/25/96
Page # 6
Filed for Record at Request of.' x,~?..~
When Recorded Return to:
Name: City_ Clerk
Address:_ 239 Fourth Street
Bremerton, WA 98337
IMPROVEMENTS AGREEMENT
WITH BOND
Project Name: Holm Short Plat
Developer Name: Eric Holm
Location: 6508 Hartow Drive
Tax Parcel # 172401-I-008-2008
WHEREAS the City of Bremerton requires certain land developments to include
public and private improvements including, but not limited to gutters, sidewalks, curbs,
stre~ lights, street widening and stormwater improvements, as a condition for plat,
P.UD., or building permit; 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 construction of a paved
shared access driveway, according to SP96-0004.
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. Bond. The Owner shall post with the City Treasurer a bond or bonds in an
amount equal to one hundred percent and fifty (150%) of a Contractor's estimated cost of
construction of the improvements, described in Exhibit B and as approved by the City
Engineer, in the amount o£$_,.~/OO~ ~. The bond shall provide, as a minimum, the
following:
Improvem~ts Agreement
Page 1
a. The Owner shall complete the project in accordance with good and
accepted engineering and construction practice.
b. The Owner shall fully comply with all terms of this agreement.
c. The Owner shall fully comply with all requirements of law in carrying out
the project, and shall comply with all lawful requirements imposed by any agency
with jurisdiction relating to the project.
d. The bond shall be effective for at least two years after completion of
construction unless affirmatively released sooner by the City, and shall guarantee
the completed projects against defects in workmanship and materials. Bond
amount during guaranteed period shall be twenty percent (20%) of the project
COSt.
e. The bond must be approved by the City Attorney and may take any of the
following forms:
1) One or more surety bonds issued by any surety company licensed to
do business in the State of Washington.
2) A cash deposit in the full bonded amount deposited with the City
Treasurer.
3) An assignment of funds on deposit in a licensed bank or credit
union, in the full bonded amount and releasable only upon order of the City
Engineer upon satisfactory performance of this agreement.
2. Construction of Improvements. The Owner shall construct the
improvements, described in Exhibit "B", as directed by the City within two (2) years of
submitting the bond to the City for the construction of 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. The bond shall be forfeit to pay the costs of construction.
Costs incurred by the City in excess of the bond 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 shall be binding upon the undersigned and their heirs, successors,
and assigns.
4. Standards. Owner agrees to construct said improvements in compliance
with City standards in effect at time of construction.
$- 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 ali other permits
required to complete the improvements.
OWNER ~
STATE OF WASHINGTON)
~ SS.
COUNTY OF KITSAP )
On this day personally appeared before me ~'~/.a ('7/
to me known to be the individual(s) described in and who executed the within foregoing
acknowledged that they signed the same as their free and voluntary act
uses and purposes therein mentioned.
-~ my hand and official seal this :~.__.0 day of__~'] LI~/.c/ _ , 1996. Notary Public in and for tJ~.e State of
.W. ashin~on, residing at:
,viy appointment expires:__~/? [!
CITY OF BRE~N
ACCEP.~~
DIRECTOR OF PUBLIC WORKS & UTILITIES
96525/bk
TOT EXHIBIT
THAT PORTION OF GOVERNMENT LO.*' 6, SECTION 17, TOWNSHIP 24 NORTH,
RANGE i EAST, W.M. IN KITSAi~ COUNTY, WASHINGTON, DESCRIBED AS
FOLLOws: '
BEGINNING AT A POINT ON THE NORTH LINE OF SAID GOVERNMENT LOT 6,
WHICH IS REF . D TO AS NOR , ST cORNER OF THE NORTH T QUARTER
OF
..1.66.50 FEET, THENCE N 89' 20' 0a" ~ - ~= ~T~E__NCE S 01 28' 04" W -
'rn~/~CE S 74' 13' W - 199.60 FE~."" ~,',,~'~,---&-~. 04_" W - 153.06 FEET;
MARGIN OF COUNTy ROAD~ THENCE ~=" '~'-'~'~. '~ LESS TO THE NORTHEASTERLY
N3RTHWESTERLY ALONG THE NORTHEASTERLY
MARGIN OF COUNTy ROAD, 44.4(~ FEET; THENCE NORTHEASTERLY IN A
STRAIGHT LINE 280 FEET MORE 01~ LESS TO THE POINT OF BEGINNING.
SHORT PLAT LOT -&-
THAT PORTION OF GOVERNMENT LOT 6, SECTION 17, TOWNSHIP 24 NORTH,
RANGE i EAST, W.M., IN KITSA'~-~ COUNTy, WASHINGTON, DESCRIBED AS
FOLLows:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID GOVERNMENT LOT 6,
WHICH IS REFERRED TO AS NORTHWEST CORNER OF THE NORTHEAST QUARTER
OF THE NORTHEAST QUARTER OF S~2CTION 17; THENCE S 01' 28' 04" W -
166.50 FEET~ THENCE N 89° 20' 04" W - 15 FEET; THENCE S 01° 28' 04"
W - 25 FEET TO HEREIN DESIGNATED POINT "X"~ THENCE CONTINUING S 01°
28' 04" W - 153.06 FEET; THENC}~ S 74° 13' W - 5.25 FEET TO POINT ON
THE WEST MARGIN OF RIGHT-oF-WAY OF LAKEHURST DRIVE; THENCE
CONTINUING S 74' 13' 00" W '~124.04 FEET TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING S 74~ 13' 00" W - 79.33 FEET TO POINT
ON THE NORTHEASTERLy MARGIN OF COUNTy ROAD (HARLOW DRIVE); THENCE
NORTHWESTERLY ON SAID MARGIN OF ROAD ON AN 1165.65 FOOT RADIUS
CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS N 44° 56' 00" EAST,
HAVING A CENTRAL ANGLE OF 2' 10~ 57", FOR AN ARC DISTANCE OF 44.40
FEET TO A POINT THAT BEARS S 52' 56' 51" W FROM THE ABOVE
DESIGNATED POINT "X"; THENCE N 52° 56' 51" E - 89.00 FEET; THENCE
S 29° 27' 04" E - 73.50 FEET TO THE TRUE POINT OF BEGINNING.
SHORT PLAT LOT '~B~'
THAT PORTION OF GOVERNMENT LOT 6, SECTION 17, TOWNSHIP 24 NORTH,
RANGE i EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS
FOLLOws:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID GOVERNMENT LOT 6,
WHICH IS REFERRED TO AS NORTHWEST CORNER OF THE NORTHEAST QUARTER
OF THE NORTHEAST QUARTER OF SECTION 17; THENCE S 01° 28' 04" W -
166.50 FEET; THENCE N 89° 20' 04" W - 15 FEET; THENCE S 01° 28' 04"
W - 25 FEET TO HEREIN DESIGNATED POINT "X"; THENCE CONTINUING S 01°
28' 04" W - 153.06 FEET; THENCE S 74° 13' W
THE WEST - 5.25 FEET TO POINT ON
· - HE TRUE POINT OF
THENCE N 29 27' 04" W - 73.50
BEARS S 52° 56' 51" W FROM TH Am~r~ ~=~?,.-- FEET TO A POINT THAT
N 52' 56' 51" E - 78.95 FEET; E ....... ~-~NATED POINT "X"; THENCE
THENCE S 37° 03' 09" E - 43.50 FEET;
THENCE S 34° 37' 58" W -93.40 FEET TO THE TRUE POINT OF BEGINNING.
Page 4
EXHIBIT B
Approximately 75 lineal feet of roadway. The pavement shall be
18 feet wide and the pavement section shall consist of 2 inches of
class "B" asphalt over 4 inches of crushed surfacing top course in
accordance with the Road Standards.
.W. as. hin, gton
MuTual East Bremer~on 3891 Wheaton Way Telephone:
Financial Center RO. Box 2188 (360) 479-4000
Bremer~cn, W 98310-0249 Fax (360) 377-5912
To Whom it May Concern:
$2,000 has been held in an account opened by Eric Holm on July 30, 1996 according to
the instructions on the Improvement Agreement With Bond form. This account, 508-
800322-4, was established at the East Bremerton office of Washington Mutual Bank
and funds will be held until the bank receives a notice of release from the City of
Bremerton.
Lori K Anchors
Assistant Manager
360-479-4000