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HomeMy WebLinkAboutHASELWOOD (2) Page: i o£ 5 BREMERTON CITY OF 8GMT $1~.0~ Kitzap Co, WA Filed for Record at Request off When Recorded Return to: Name: City_ Clerk Address: 239 Fourth Street Bremerton. WA 98337 Document Title: Improvements Agreement (without bond) Project Name: Buick/Toyota Developer Name: Charles Haselwood Location: 515 West Hills Boulevard Tax Parcel #: 212401-1-124-2001 Abbreviated Legal l)eseription: Section 21 Township 24 Range 1E IMPROVEMENTS AGREEMENT W}IEREAS 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 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 Site Plan Review #SPR-08-93 Milch requires road widening, curb, gutter, sidewalk and handrail improvements along the Union Road frontage according to SPR-08-93. Buick/Toyota Page 1 lmprovero~nts Agreement 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" ~ncompassing 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. 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. 3. Standards. Owner agrees to construct said improvements in compliance with City standards in effect at time of construction. 4. Permits. Owner shall obtain a Right-of-Way permit fi.om the City for all work performed within the City Right-of-Way. Owner shall also obtain all other permits required to complete the improvements. Buick/Toyota Page 2 Improvements Agreement lll lJllll llllllllllff Jill ill 11/18/97 18:88fl BR~MrRTON CITY OF' ASMT $1~.88 Kitsap Co, I,IA STATE OF WASHINGTON) : SS. COUNTY OF KITSAP ) On this day personally appeared before me ~J~Z .~a(;~ ~/~o me known to be the individual(s) described in and who executed lt~/e 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 sealthis S-_~ dayof ~)~_~_,-~._~ ., 1997. %?,?,...;..S... ,x¢.;¢ Notary Public in and for the Sttte of CITY OF BREMERTON ACCEPTED: w. EUOENffS.~V~ DIRECTOR OF PUBLIC WORKS & UTILITIES 97553A Buick/Toyo~ Page 3 lmprovemen~ Agreement il Il 11 II II II II II I IIIIIII III Ill m III BREMERTON CITY OF AOMT $1~.$8 Kitgap Co, WA Section 21 Township 24 Range 1E Resultant parcel per Auditor's File No. 950410068. Described as follows: That portion of the South half of the Southeast quarter of the Northeast quarter of Section 21. Township 24 North, Range 1 East, W.M.., in Kitsap County, Washington, described as follows: beginning at the East Margin of Union Avenue on the South side of said subdivision; thence Northerly along said East margin to the South line of the North 250 feet of that portion of said subdivision lying Southerly of Wemer Road; thence East along said South line to the East line of the West quarter of the South half of the Southeast quarter of the Northeast quarter of said Section 21; thence North along said East line to the South margin of Wemer Road as conveyed to the State of Washington by deed recorded under auditor's file No. 997761; thence Southerly and Easterly along Wemer Road to the Westerly margin of Oyster Bay Avenue as established by Order of Vacation by County Commissioner's Journal Volume 16, page 367; thence Southerly along said margin to the South boundary of said subdivision; thence West along said subdivision to the point of beginning. Except a 50 foot strip of land in the Southeast quarter of the Northeast quarter of Section 21, Township 24 North, Range 1 East, W.M., the centerline of said strip being described as follows: Commending at the East quarter comer of said Section 21; thence along the South line of the Northeast quarter of said section N88°49'33"W 604.06 feet to the tree point of beginning of the centerline of the herein described 50 foot strip; thence Nl°51 '19"E 297.79 feet to point of curvature of a curve to the left; thence Northerly along an arc of said curve, having a radius of 250.00 feet and a central angle of 19°43'01', for an arc distance of 86.03 feet; thence N17°51'42"W 98.42 feet to a curve to the right; thence Northerly along an arc of said curve having a radius of 250.00 feet and central angle of 17°52'54" for an arc distance of 78.02 feet to point of tangency; thence N0°01'12E 80.7 feet to the south margin of Wemer Road and the terminus. Except that portion lying Easterly of the East margin of said 50 foot strip of land. And except that portion lying Southerly of the following described line: commencing at the intersection of Westerly line of said 50 foot strip and the South fight-of-way margin of Wemer Road and as depicted on a Record-of-Survey by Ward Muller recorded in Volume 36 of surveys, pages 62 thru 64; thence S0°02'10"E along said Westerly line 84.74 feet to a point of curvature of a curve to the left; thence Southerly along an arc of said curve. Having a radius of 275 feet and a central angle of 17°52'55'', for an arc distance of 85.83 feet: thence S17°55'06"E 98.46 feet to a point of curvature of a curve to the right; thence Southerly along an arc of said curve. Having a radius of 225 feet and a central angle of 19°43'01'', for a distance of 77.43 feet; thence S1°47'56"W 4.10 feet to the projection Easterly of the North face of an existing concrete wall running generally East and West and separating the Buick and Toyota store sites: thence S84°36'34"W along said projection and the said North face 174.13 feet to an angle point in said fence: thence N85°43'49"W along said face and its extension 273.66 feet to the East margin of Union Avenue and the terminus of said line. Buick/Toyota Page 4 Improvements Agreement Page: 4 o£ 5 11/15/$7 18:0Bfl BREM£RTOI~ CITY OF 85~1T $1~.08 Kitsap Co, W8 Provide road frontage improvements along Union Avenue to the northern most property line. Improvements shall include road widening, curb, gutter, storm drainage conveyance, sidewalk and handrail. 97553a Buickfroyo~ Page 5 Improvemenu Agreement Pa~e: 5 o£ 5 8 RTON CITY OF AOMT $12.88 Kitsap Co, WA