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HomeMy WebLinkAboutBRIGGSFiled for Record at Request of: $13.~KITSAP COUNTY When Recorded Return to: CHC[~ FILED-BY: CITY OF BREffERTON Address: 239 Fourth Street Bremerton, WA 98337 IMPROVEMENTS AGREEMENT Project Name: Briggs Short Plat Developer Name: Dennis Briggs Location: Between Eastlake Dr & Harlow Dr Tax Parcel # 172401-1-032-2008 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, PUD., or building permit; approval; and A. F. ~: 96[~EM390267 RE]~_ D~22 FR 153]. 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 including but not limited to curb, gutter, sidewalk and storm drainage conveyance facilities according to SP96-001 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 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.OWNE~~~ STATE OF WASHINGTON) ' SS. COUNTY OF KITSAP ) ~. F. $: 96ffi90267 Briggs Sh~ Plat On this day personally appeared before me 0..~\ q. (~ q.~ <L ~ 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 this ~ %,r g-day of ~_~ L~ t~.~_ , 1996. ~ NOTARY PUBLIC - WASHINGTON Notary Public in and for the State of ~ ~t.v. Commission Expires12-16-96 Washington, residing at: ~_.~lxh,~ I~t~t'~Ir',IF~~ My appoimment expires: I ~-, [ Fo. ~ ~, CITY OF BREMERTON DIRECTOR. OF PUBLIC WORKS & UTILITIES ~[I-_ $1 9E~]~t~)9D267 fl922 FR t5---I3 Brigg,~ Short Plat Improv~aents Agreement 7/17/96 Page # 3 TRACT "A" EXHIBIT A A PORTION OF GOVERNMENT LOT 5, SECTION 17, TOWNSHIP 24 NOR'ii-I, RANGE 1 EAST OF THE W.M.. IN K1TSAP COUNTY, WASHINGTON, DESCRIBED A3 FOLLOWS: BEGINNING AT TB, E NORTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND SHOWN AS RESUL-£ANT PARCEL "B" AS PER crrY OF BREMERTOb BOUNDARY LINE ADJUSTMENt RECORDED UNDER KITSAP COUNTY AUD1TOI<'S FII,~ NO. 9606050073; THEN(~ SOUTH 25°50'21'' EAST ALONG THE EAST I./._NE OF SAID PARCEL "B" 21.84 t'EET; THENCE LEAVING SAID EAST LINE SOUTH 4£-°28'31'' WEST 59.58 FEET; THEN£'E NORTH 89°35'18" WEST 26.13 FEET; THENCE NO~TH 40°28'31'' EAST 85.17 FEET TO THE POINT OF BEGINNRqG. CONTAINING 0.03 ACRES, MORE OR LESS. AUDITORS NOTE lEGIBILITY FOR RECOROING AND COPYING UNSATISFACTORY IN A PORTION OF THiS iNSTRUMENT WHEN RECEIVED. LOT 1 A PORTION OF GOVERNMENT LOT 5, SECTION 17, TOWNSI-m~ 24 NORTH, RANGE 1 EAST OF THE W.M, IN K1TSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND SHOWN AS RESULTANT PARCEL "B" AS PER CITY OF BREMERTON BOUNDARY LINE ADJUSTMENVr RECORDED UNDER KITSAP COUNTY AUDITOR'S FU~F. NO. 9606050073; THEN(.~ NORTH 89°35'18" WEST ALONG THE SOUTH LINE OF SABD PARCEL "B" 93.25 FEET; THENCE LEAVING SAID SOUTH LINE NORTH 00°24'42'' EAST 65.72 FEET; THENCE NORTH 40°28'31" EAST 59.58 FEET TO THE EAST LINE OF SAID PARCF_/, "B" ALSO BEING A POINT ON THE WEST RIGHT-OF-WAY MARGIN OF HARLOW DRIVE; THENCE SOUTH 25°50'21'' EAST ALONG SAID MARGIN 124.12 FEET TO THE POINT OF BEGINNING. CONTAINING 0.14 ACRES, MORE OR LESS. Briggs Shoa Plal Improvemems Agreement 7/I 7/96 Page ~ 4 %OT 2 EXHIBIT A A PORTION OF GOVERNMENT LOT 5, ~;ECTION 17, TOWNSHIP 24 NORTH, RANGE 1 EAST OF THE W.M., IN K.ITSAP COUNT'--", WASI-II~GTON, DESCRIBED AS FOLLOWS:' BEGINNING AT THE NORTHEAST COFaN-ER OF THAT CERTAIN PARCEL OF LAND SHOWN AS RESULTANT PARCEL "B" AS PER CITY OF BREMERTON BOUNDARY LINE ADJUSTMENT RECORDED UNDER K1TSAP COUNTY AUDITOR'S Fn.g. NO. 9606050073; THENCE NORTH 89°22'18" WEST ALONG THE NORTH LINE OF SAID PARCEL "B" 140.00 FEET TO THE NORTHWEST CORNER OF SAID PARCEL "B"; THENCE SOUTH 00037'52'' WEST ALONG THE WEST L~rN.~ OF SAID PARCEL "B" 65.72 FEET; THENCE SOUTH 89°35'18" EAS~' 85.43 FEET; TH]~NCE NORTH 40°28.31'' EAST 85A7 FEET TO THE POINT OF BEGINNING. CONTAINING 0.16 ACRES, MORE OR LOT 3 A PORTION OF GOVERNMENT LOT 5, SECTION 17, TOWNSHIP 24 NORTI( RANGE 1 EAST OF THE W.M., IN/<ITSAP COUN'I~r, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND SHOWN AS RESULTANT PARCEL '~" AS PER crrY OF BREMERTON BOUNDARY LINE ADJUSTMENT RECORDED UNDER KITSAP COUNTY AUDITOR'S F~.R NO. 9606050073; THENCE NORTH 00024'42" EAST ALONG THE WEST I,INE OF SAID PARCEL "B" 65.72 FEET; THENCE LEAVING SAID WEST LINE SOUTH 89°35'18'' EAST 93.25 FEET; THENCE SOUTH 00024'42" ~,',rEST 65.72 FRET TO THE SOUTH LINE OF SAID PARCEL "B"; THENCE NORTH 89°35'18" WEST ALONG SAID SOUTH LINE 93.25 FEET TO THE POINT OF BEGINNING. CONTAINING 0.14 ACRES, MORE OR LESS. A. F. ti: ?6[ElOgO2&7 REEL 0922 FR t53'5 EXHIBIT B Approximately 146 lineal feet of curb, gutter, and sidewalk and any required storm drainage facilities along that frontage. A. F. It: 9613B,090267 I;IE]~L 139'~'~ FR !~:36 96502 Bfiggs Short Plat Filed for Record at Request ot5 When Recorded Return to: Name: City Clerk Address: 239 Fourth Street Bremerton, WA 98337 IMPROVEMENTS AGREEMENT WITH BOND Project Name: Briggs Short Plat Developer Name: Dennis Briggs Location: Betwcen Eastlake Dr & Harlow Dr Tax Parcel # 172401-1-032-2008 WHEREAS the City of Bremerton requires certain land developments to include public and private improvements including, but not limited to gutters, sidewalks, curbs, street lights, street widening and stormwater improvements, as a condition for plat, P.U.D, 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 an 18 foot wide shared access driveway according to SP #96-0010. NOW, THEREFORE, the undersigned owner (hereinat~er "Owner") and the City of Bremenon (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 Briggs Short Plat Improvemer~q Agreementlw bond 7/] 7/96 Page 1 Engineer, in the amount of $2,570.00, The bond shall provide, as a minimum, the following: 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. 5. Permits. Owner shall obtain a Right-of-Way permit from the City for all work performed within the City Right-of-Way. Own~ required to complete the improvements. STATE OF WASHINGTON) COUNTY OF KITSAP ) On this day personally appeared before me Oo..,,, ~x'~ ~ ~03v~ ~ o 9 to me known to be the individual(s) described in and who exe~'uted the w~it'hin 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 this ~_day of ~ ta, c-~e _, 1996. ~ NOTARY PUBLIC - WASHINGTON ~ Notary Public in and for the State of ~ My Commission Expires12-16-96~ Washington, residing at: ~t~.a~e~-lt~.h~ .~ .~ ~. ~. ~. ~ .~ ." .~ "..' ." ~ ¥ ¥ ~-,¥,~, My appointment expires: ~.l (o · ~ ~ CITY OF BRE]V~RTON ACCE~ Briggs Short Plat Improvements A40'eement/w b~ad 7/17/96 Page 3 EXHIBIT .4 A PORTION OF GOVERNMENT LOT 5, SECTION 17, TOWNSHIP 24 NORTH, RANGE 1 EAST OF THE W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBLD AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND SHOWN AS RESULTANT PARCEL "B" AS PER CITY OF BREMEKFON BOUNDARY LINE ADJUSTMENT RECORDED UNDER KITSAP COUNTY AUD~-~TOR'S FII.R NO. 9606050073; TI!ENCE SOUTH 25°50'21,, EAST ALONG THE EAST LINE OF SAID PARCEL "B' 21 ~84 FF~ET; THENCE LEAVING SAID EAST LINE SOLVfH 40°28'31,, WEST 59.58 FEET; TH£NCE NORTH 89°35'18,, WEST 26.13 FEET; THENCE. NORTH 40°28'31,, EAST 85.17 FEFT TO THE POINT OF BEGINNING. CONTAINING 0.03 ACRES, MORE OR LESS. LOT 1 A PORTION OF GOVERNMENT LOT 5, SECTION 17, TOWNSHIP 24 NORTH, RANGE 1 EAST OF TI-IE W.M., IN K1TSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND SHOWN AS RESULTANT PARCEL "B" AS PER CITY OF BREMERTON BOUNDARY LINE ADJUSTMENT RECORDED UNDER K1TSAP COUNTY AUDITOR'S FrLR NO. 9606050073; THENCE NORTH 89°35'18" WEST ALONG THE SOUTH LINE OF SAID PARCEL "B" 93.25 FEET; THENCE LEAVING SAID SOUTH LINE NORTH 00°24'42" EAST 65.72 FEET; THENCE NORTH 40°28'31" EAST 59.58 FEET TO THE EAST LINE OF SAID PARCEL "B" ALSO BEING A POINT ON THE WEST RIGHT-OF-WAY MARGIN OF HARLOW DRIVE; THENCE SOUTH 25°50'21'' EAST ALONG SAID MARGIN 124.12 FEET TO THE POINT OF BEGINNING. CONTAINING 0.14 ACRES, MORE OR LESS. Bfiggs Short Plat Improvernenkg Agreement/w bond 7/17/96 Page 4 LOT 2 EXHIBIT A (COHO A PORTION OF GOVERNMENT LOT 5, SECTION 17, TOWNSHIP 24 NORTH, RANGE 1 EAST OF THE W.M., IN K1TSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:' BEGINNING AT THE NORTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND SHOWN AS RESULTANT pARCEl. "B" AS PER CITY OF BREMERTON BOUNDARY LINE ADJUSTMENT RECORDED UNDER I':2TSAP COUNTY AUDITOR'S l:rn.~ NO. 9606050073; THENCE NORTH 89°22'18'' WEST ALONG THE NORTH LINE OF SAID PARCEL "B" 140.00 FEET TO THE NORTBWEST CORNER OF SAID PARCEL "B"; THENCE SOUTH 00°37'52" WEST ALONG THE WEST L...rNE OF SAID PARCEL "B" 65.72 FEET; THENCE SOUTH 89°35'18'' EAST 85.43 FEET; TH]~.NCE NORTH 40°28.31'' EAST 85A7 FEET TO THE POINT OF BEGINNING. CONTAINING 0.16 ACRES, MORE OR l J~.SS. LOT3 A PORTION OF GOVERNMENT LOT 5, SECTION 17, TOWNSHIP 24 NORTH, RANGE 1 EAST OF THE W.M., IN/<ITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THAT CERTAIN pARCF..I. OF LAND SHOWN AS RESULTANT pARCEl. "B" AS PER CITY OF BREMERTON BOUNDARY LINE ADJUSTMENT RECORDED UNDER K1TSAP COUNTY AUDITOR'S FII.~ NO. 9606050073; THENCE NORTH 00024'42,, EAST ALONG THE WEST LINE OF SAID PARCEL "B' 65.72 FEET; THENCE LEAVING SAID WEST LINE SOUTH 89°35'18,, EAST 93.25 FEET; TI-IENCE SOU'I~ 00°24'42,, WEST 65.72 FEET TO THE SOUTH LINE OF SAID PARCEL '~B"; THENCE NORTH 89°35'18,, WEST ALONG SAID SOUTH LINE 93.25 FEET TO THE POINT OF BEGINNING. CONTAINING 0.14 ACRES, MORE OR LESS. Bfiggs Short Plat Improvements A~"eemenFw Ix~nd 7/17/96 Page 5 EXHIBIT B 80 lineal feet of 18 foot wide shared access driveway. The driveway shall be constructed in accordance with the Road Standards. The pavement section shall consist of 2 inches of class "B" asphalt over 4 inches of crashed surfacing top course. 96503 Briggs Short Plal Improvements AgreemenUw bond Page 6 /- ropo a! Page No. of Pages, ACE PAVING CO. INC: O Asphalt Paving Crushed*Rock Grading P.O. Box 4100 o.Bremerton, WA 98312 -- - Fax 478-6018 479-4200 ...... . .... Poulsbo 779-4994 Bainbridge 842-4368 ACEPA**275K5 ;:-:~ ..... ,*~ ~ B.J. Bui/ders 37~775 ~ · O7-1~96 ~.0. ~x ~27~ ** ~ -**~;~ -~T rtm, Wa 98310 ~ ~rt ~t I ................................................ ,?.,?, ......................................................................................................... .................................................................... ................................................................................ ~)£ ~EDISQ~I~ hereby to furnish material and abor -- complete in accordance with above specifications for the sum of: One Thousand Six Hundred Ninety Five Dollars plus t~. dollars ($ 1,695.00 + tax ). Payment to be maae as follows: Payment in full upon completion This labor and material is or~ered by me. for which I have authonty to order I agree [o pay cash when work ts complatsd or on terms satisfactory to you. If account is rmt paid in full upon completion, finance cha~ges start to accrue'within five (5) days. I further understand that a lien may be asserted against my properly for the value of all materials, suppJies, and equipment fumisbed by Ace Paving CO., Inc for use thereon. This notice is adeeq solely weather conditions, delay in obtaining materials or other caase~ beyond its control. Authorize A finance charge of 11/2,~ per month, which is an ANNUAL PERCENTAGE RATE of 18%, on past due accounts. Signatur ~ In case of default on this account or any portion thereof, I promise to pay additional reasonable collectors' costs Note: This proposal may be and/or attorneys' fees. t authorize you to check my credit, withdrawn by us if not accepted within days All msterlat is guaranteed to be as specified. All work to be comptetod in a workmanlike manner according to · standard practices. Any alteration or deviation for above specifications involving extra costs will be executed only upon written orriers, and will become an extra charge ove~ and above the estimate. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workmen's Compensation tnsurance. PLEASE SIGN AND RETURI~ of ropo al - p,ice., spooificatio.s and conditions are satisfactory and are hereby accepted. YOU are authorized to do the work as specified· Payment will be made as outlined above· Date ~f Acceptance: Signature The Ohio Casualty.__, -Insurance Company SUBDIVISION II)NO 3340117 BOND NO. KNOW ALL MEN nY THESE PRESENTS, That wa, the und~'lig#ed R.'r n,,; 1.~ (herelnatte~ ca{led Obiillaa) In h%a p~nal lure 46 ~O ThousandI Seven Hundred Pnrfy Four {S2,744. O0 ) Dollars, f~ t~ ~ymlnt ~ which weU o~ truly la be ~e, we hereby jointly e~ levt~- THE CONDITI~S OF THIS ~LIGATION ARE ~H, THAT to be known as ~u ~horc ~zat ~ CERTIFI~.D COPY OF POWER OF ATTORNEY THE OHIO CASUALTY INS JP. ANCE COMPANY No. 28-889 ~tlO~ll q~tll ~,n h~ ~[~,,, ~r,,l~llt!~'. That THE OHIO CASUALTY INSURANCE COMPANY, in pursuance James A. Thomas or John F. Criss or Karen D. Ilaley -- - ,,I Gig Ilarlmr, Washington - - its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance FIVE MILLION ...................... ($ 5,000,000.00 -- --) Dollars, excluding, however, any bond(s) or undertaking(s) guaranteeing the payment of notes and interest thereon as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly Q In WITNESS WHEREOF, the undersigned officer of the said The Ohio Casualty Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of the said The Ohio Casualty Insurance Company this 27th day of October 19 92. STATE ~)F OHIO, COUNTY OF BUTLER On this Z'/th day of October A.D. 19 92 before Lloyd E. Geary, Assistant Secretary of THE OHIO CASUALTY INSURANCE COMPANY to me personally known to be the individual and officer described in, and who executed the preceding instrument and he acknowledged the execution of the same, and being by me duly sworn deposeth and saith, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said · My C ,m mission expires ........ 37f.~....~6.y.....[9..~' "RI.iSOI.VEI) that the signature of any officer of the Company authorized by Article VI Section 7 of the by-laws to appoint of attorney, Article VI Section 7 of the by-laws of the Company and the above Resolution of its Board of Directors are true 1N WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company this 22nd day of