HomeMy WebLinkAboutBLACK P~e: 1 oi' 7
85/85/$? 88:41fl
BREMERTOH CITY OF AGMT $14.88 Kitsap Co, NA
Name: Ci.ty Clerk
Address: 239 Fourth Street
Bremerton. WA 98337
Document Title: Improvements Agreement (without bond)
Project Name: Black Short Plat
Developer Name: B~yan Black
Location: 3620 Pine Rd
Tax Parcel ti: 022401-4-018-2007
Abbreviated Legal That portion of the northwest quarter of the southeast quarter in Section 2,
Description: Township 24 North, Range I East, W.M., in KJtsap County, Washington.
IMPROVEMENTS AGREEMENT
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
WItEREAS 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 a Short Plat which requires road frontage improvements including but not
limited to curb and gutter, sidewalk, storm water conveyance pipe, and street lighting according
to SP97-0002.
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 consant 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
improvemems 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 consmict 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 ranning 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.
Page: ~ of 7
05/~5/97 OS~41A
BR£tlERTON CITY OF RG~IT $14.08 Kitsa~ Co, ~iR
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.
DATED:
STATE OF WASHINGTON)
: SS.
COUNTY OF KITSAP )
On this day personally appeared before meqJ. ~'~]x[,q ~[19~.~.-. , 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 I~'f~ dayof ~t , 1997.
"~: ~ OOYa~l' * ~ ~--t~ Public in ~d for ~e S~-t'" 'of
~, . ~-.e ~ ~*L~G ' / ' Washin~on, residing at: ~
x,'....*0. . . . ,
~ t2 .......... , My appo~n~ent expires:
BREMERTON CITY OF flG~T $14.~8 09/85/$7 88:41fl
W. EUG .
DI~CTOR OF P~LIC WO~S & UTILITIES
EXHIBIT A (1)
LEGAL DESCRIPTIONS
FOR
BRYAN BLACK SHORT PLAT
TOTAL PARCEL (Per Stewart Title #32034311E)
THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER
OF THE SOUTHEAST QUARTER IN SECTION 2, TOWNSHIP 24 NORTH, RANGE I
EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
COIVlMENCING AT THE SOUTH QUARTER CORNER OF SAID SEC-ri'ION 2; THENCE
NORTH 2°09'57, EAST ALONG THE NORTH AND SOUTH CENTERLINE OF SAID
SECTION 2, A DISTANCE OF 2158.84 FEET; THENCE SOUTH 88035' EAST 30 FEET TO
THE EAST MARGIN OF PINE ROAD; THENCE NORTH 02°09'57" EAST 222.29 FEET TO
THE TRUE POINT OF BEGINNING; THENCE SOUTH 88°16'30" EAST 329.43 FEET;
THENCE NORTH 02°14'40"EAST 110 FEET; THENCE NORTH 88016'30" WEST 329.58
FEET TO THE EAST MARGIN OF PINE ROAD; THENCE SOUTH 02°09'57" WEST
ALONG THE EAST MARGIN OF PINE ROAD, 1 l0 FEET TO THE TRUE POINT OF
BEGINNING;
EXCEPT THE EAST 212 FEET THEREOF;
EXCEPT THE SOUTH 25 FEET;
TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES, OVER,
UNDER AND ACROSS THE SOUTH 25 FEET OF THE FOLLOWING DESCRIBED TRACT
OF LAND:
COMMENCING AT TH~ soLrrH QUARTER CORNER OF SAID SECTION 2; THENCE
NORTH 2009'57· EAST ALONG THE NORTH AND SOUTI-I CEHTERLINE OF SAID
SECTION 2, A DISTANCE OF 2158.84 FEET; THENCE SOUTH 88035, EAST 30 FEET TO
THE EAST MARGIN OF PINE ROAD; THENCE NORTH 02°09'57" EAST 222.29 FEET TO
THE TRUE POINT OF BEGINNING; TttENCE SOUTH 88°16'30' EAST 329.43 FEET;
THENCE NORTH 02°14'40'' EAST 110 FEET; THENCE NORTH 88016'30" WEST 329.58
FEET TO THE EAST MARGIN OF PINE ROAD; TI-IENCE SOUTH 02°09'57'' WEST
ALONG THE EAST MARGIN OF PINE ROAD, 110 FEET TO THE TRUE POINT OF
BEGINNING;
EXCEPT THE WEST 112 FEET OF THE EAST 212 FEET THEREOF.
Page: 4 of 7
89/05/$? 88:41~
BREMERTON CITY OF ~GMT $14.$~ Kitsap Co, WA
EXHIBIT A (2)
LOT A
THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER
OF THE SOUTHEAST QUARTER IN SECTION 2, TOWNSHIP 24 NORTH, RANGE I
EAST, W.M., IN KrrsAP COUNTY, WASHINOTON, DESCRIBED AS FOLLOWS:
COMMENCING AT TH~ SOUTH QUARTER CORNER OF SAID SECTION 2; THENCE
NORTH 2009'57, EAST ALONG THE NORTH AND SOUTH CENTERLINE OF SAID
SECTION 2, A DISTANCE OF 2158.84 FEET; ~CE SOUTH 88035' EAST 30 FEET TO
THE EAST MARGIN OF PINE ROAD; THENCE NORTH 02°09'57~ EAST 222.29 FEET TO
THE TRUE POINT OF BEGINNING; THENCE SOUTH 88016'30'' EAST 329.43 FEET;
THENCE NORTH 02°14'40'' EAST 110 FEET; THENCE NORTH 88°16'30H WEST 329.58
FEET TO THE EAST MARGIN OF PINE ROAD; THENCE SOUTH 02°09'57, WEST
ALONG THE EAST MARGIN OF PINE ROAD, 110 FEET TO THE TRUE POINT OF
BEGINNING;
EXCEPT THE EAST 263 FEET;
AND EXCEPT THE SOUTH 25 FEET;
AND EXCEPT THE NORTH 20 FEET;
TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES, OVER,
UNDER AND ACROSS TI-IE SOUTH 25 FEET OF THE FOLLOWING DESCRIBED TRACT
OF LAND:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 2; TI-IENCE
NORTH 2009'57, EAST ALONG THE NORTH AND SOUTH CENTERLINE OF SAID
SECTION 2, A DISTANCE OF 2158.84 FEET; THENCE SOUTH 88035' EAST 30 FEET TO
THE EAST MARGIN OF PINE ROAD; THENCE NORTH 02°09'57~ EAST 222.29 FEET TO
THE TRUE POINT OF BEGINNING; THENCE SOUTH B8°16'30'' EAST 329.43 FEET;
THENCE NORTH 02°14°40'' EAST 110 FEET; THENCE NORTH 88°16'30M WEST 329.58
FEET TO THE EAST MARGIN OF PINE ROAD; THENCE SOUTH 02°09'57, WEST
ALONG THE EAST MARGIN OF PINE ROAD, 110 FEET TO TH~ TRUE.POINT OF
BEGINNING;
EXCEPT THE WEST 112 FEET OF THE EAST 212 FEET THEREOF.
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89/85/$? 88:41A
CITY OF AGMT $14.88 Kitsa~o Co~ WA
EXHIBIT A (3)
LOT B
THE EAST 263 FEET AND THE NORTH 20 FEET OF THAT PORTION OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER IN SECTION 2, TOWNSHIP 24 NORTH, RANGE I EAST, W.M., IN KITSAP
COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 2; THENCE
NORTH 2009'57'' EAST ALONG THE NORTH AND SOUTH CENTERLINE OF SAID
SECTION :2, A DISTANCE OF 2158.84 FI~.T; THENCE SOUTH 88035' EAST 30 FEET TO
THE EAST MARGIN OF PINE ROAD; THENCE NORTH 02°09'57" EAST 222.29 FEET TO
~ TRUE POINT OF BEGINNING; THENCE SOUTH 88016'30, EAST 329.43 FEET;
THENCE NORTH 02°14'40" EAST 110 FI~.~.T; THENCE NORTH 88°16'30" WEST 329.58
FEET TO THE EAST MARGIN OF PINE ROAD; THENCE SOUTH 02°09'57" WEST
ALONG THE EAST MARGIN OF PINE ROAD, 110 FEET TO THE TRUE POINT OF
BEGINNING;
EXCEPT THE EAST 212 FEET;
AND EXCEPT THE SOUTH 25 FEET;
TOGETHER WrFI-I AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES, OVER,
UNDER AND ACROSS THE SOUTH 25 FEET OF THE FOLLOWING DESCRIBED TRACT
OF LAND:
COMMENCINO AT THE SOIJTH QUARTER CORNER OF SAID SECTION 2; THENCE
NORTH 2°09'57'' EAST ALONG THE NORTH AND SOUTH CENTERLIN OF 8AID
SECTION 2, A DISTANCE OF 2158.84 FEET; THENCE SOUTH 88°35' EAST 30 FEET TO
THE EAST MARGIN OF PINE ROAD; TItENCE NORTH 02°09'57" EAST 222.29 FEET TO
THE TRUE POINT OF BEGINNING; TItENCE SOUTH 88°16'30" EAST 329.43 FEET;
THENCE NORTH 02°14'40" EAST 110 FEET; THENCE NORTH 88°16'30" WEST 329.58
FEET TO TIIE EAST MARGIN OF PINE ROAD; THENCE SOHTH 02009'57" WEST
ALONG THE EAST MARGIN OF PINE ROAD, 110 FEET TO THE TRUE POINT OF
BEOINNING;
EXCEPT THE WEST 112 FEET OF THE EAST 212 FF~F.T THEREOF.
Page: 8 of ?
05/05/97 08:41R
BR£tlERTON CITY OF AGMT $14.08 Kitsap Co, WA
85 lineal feet of cast-in-place curb and gutter, and sidewalk. 85 lineal feet of
stormwater conveyance piping and necessary structures. Street lighting as
required.
88/85/$7
8R£i~ERTON CITY OF f~SMT $14,88 Ki~$alo Co,
97487\bk