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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