HomeMy WebLinkAboutBARCELON CITY OF I~R£MERTON AGMT $13.~ Kitsap Co, WA
Filed for Record at Request of:
When Recorded Return to:
Name: City Clerk
239 Fourth Street
Bremerton, WA 98337
Document Title: Improvements Agreement (without bond)
Project Name: West Hills Commercial/Wemer Road Corridor Improvements
Developer Name: City of Bremerton
Location: 4701 Auto Center Boulevard
Tax Parcel#: 4564-001-019-0106
Abbreviated Legal Portion of southeast quarter of the Northeast quarter of Section 21,
Description: Township 24 North, Range 1 East, W.M., Kitsap County,
Washington.
eYK~TS~PCOUN~---~ AUG :~ ~ ~000
IMPROVEMENTS AGREEMENT
WHEREAS David and Ardith Barcelon are the owners of real property located within the
City of Bremerton identified as tax parcel number 212401 - 1 - 122-2003, the legal description of wtfich
is described in Exhibit "A' and incorporated herein by reference (hereinafter "premises") and
WHEREAS the Barcelons agreed to make certain improvements when they obtained their
building permit number 16193 and
VOtEREAS the City of Bremerton is desirous of acquiring certain property from Barcelons
for additional right of way and
WHEREAS the City and Barcelons have resolved these matters and intend that this
agreement supersede and replace any and all previous agreements or conditions with regard to the
Barcelons' property.
NOW, THEREFORE, David and Ardith Barcelon (hereinafter "Owner") and the City of
Bremerton (hereinafter "City") in consideration of the mutual promises, property exchanges and
covenants as herein set forth, do agree as follows:
1. Conveyance of Right of Way. Barcelons agree to convey and/or dedicate additional
right of way to the City. The legal description for the right of way dedication is attached as Exhibit
"B" and incorporated herein by reference.
2. Owner Participation in Improvements. Owner agrees to participate in the cost of
improvements to be made on Kean Street, which improvements had been previously requested by
the City consisting of installation of curb gutter and sidewalk. It is agreed between the parties that
if the cost of these improvements on Kean Street exceed Six Thousand One Hundred Dollars
($6,100.00), Owner will contribute the additional monies necessary to complete these improvements
up to a maximum of Three Thousand Dollars ($3,000.00). City shall provide Owner with written
notification of the actual costs incurred for these improvements. Owner shall have thirty (30) days
after receipt of these costs to remit any monies due and owing to the City should said improvements
exceed Six Thousand One Hundred Dollars ($6,100.00) to complete. The costs of completion of
these improvements are identified as the hard costs only and do not include any mark up for
administration, profit or overhead.
3. Construction of Additional Improvements. Owner agrees to also participate in a
CITY OF BREMERTON flGMT $13.00 Kitsap Co., WA
future L.I.D. for construction of curb, gutter and sidewalk improvements on Werner and Monroe
Streets pursuant to RCW Chapter 35.43. Owner agrees not to oppose the formation ofa L.I.D. for
the construction of these improvements and will not sign any petition to defeat the L.I.D., except the
owner may protest the special benefit to the premises. 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 said L.I.D. provided, however, that said L.I.D. shall be area wide and shall include all
benefitted properties and in no event shall such L.I.D. only include Owner's property and not other
properties. If the City is unable to form an L.I.D. for these improvements, Owner shall not be
responsible to construct them unless and until an L.I.D. is formed.
4. Covenant. The undersigned further agrees that this agreement and the promises
made herein constitute a covenant rurming with the land and shall be binding upon the undersi~med
and their heirs, successors and assigns and that this agreement shall be recorded in the office of the
Kitsap County Auditor.
DATED: ~ff~ /O , 2000.
AR~ITH BARCELON-
o0 8y?087
CITY OF BREMERTOH AGMT $13 O~ K~t ap ~o, ~
STATE OF WASHiNGTON
SS.
COUNTY OF KITSAP
On this day personally appeared before me DAVID BARCELON and ARDITH
BARCELON, to me known to be the individuals described in and who executed the within and
foregoi.ng instruction and acknowledged that they signed the same as their free and voluntary act and
deed for the'uses and purposes therein mentioned.
,,,, . .: ,~i~,,,,~,,,
' = to me /O day of
..... , ~gUBSGRZI~ED AND SWORN before this
20OO.
',, · . ...°'"-' ,,"'""' nt N~m~:j/r~/~ ~
NOTARY PUBI. TIC ig'and for the Sta{~of
of Washington.
My Commission Expires:
CITY OF BREMERTON
AC~PT~)~/~t._~ Approved as to form:
DIRECTOR OF PUBLIC WORKS &
UTILITIES
CITY OF BREMEf~TON AGMT
EXHIBIT A
THAT PORTION OF THE WEST HALF OF THE WEST HALF OF THE NORTH 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 A POINT WHICH IS SOUTH 0°34'22" WEST 248.03 FEET FROM THE
NORTHWEST CORNER OF THE WEST HALF OF THE WEST HALF OF THE NORTH
HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID
SECTION 21; THENCE CONTINUING SOUTH 0°34'22'' WEST 387.85 FEET TO THE
NORTH MARGIN OF WERNER ROAD, FORMERLY KNOWN AS BELOIT STREET;
THENCE NORTH 89°47'21'' EAST 104.35 FEET ALONG SAID NORTH MARGIN OF
WERNER ROAD; THENCE NORTH 14°32'12'' WEST 400.30 FEET TO THE POINT OF
BEGINNING.
EXCEPT THAT PORTION DESCRIBED UNDER AUDITOR'S FILE NO. 9507180046
DEEDED TO THE CITY OF BREMERTON FOR RIGHT OF WAY PURPOSES.
DEDICATION OF RIG~T-OF-WAY -1-
}{ASELWOOD 1/24/00
CITY OF BREMERTOH AGMT $13.88 Kitsap Co, MR
EXHIBIT B
THAT PORTION OF THE FOLLOWING DESCRIBED TRACT "A" LYING
SOUTHEASTERLY OF THE LINE DESCRIBED IN TRACT "B".
TRACT "A"
THAT PORTION OF THE WEST HALF OF THE WEST HALF OF THE NORTH 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 A POINT WHICH IS SOUTH 0°34'22'' WEST 248.03 FEET FROM THE
NORTHWEST CORNER OF THE WEST HALF OF THE WEST HALF OF THE NORTH
HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID
SECTION 21; THENCE CONTINUING SOUTH 0°34'22" WEST 387.85 FEET TO THE
NORTH MARGIN OF WERNER ROAD, FORMERLY KNOWN AS BELOIT STREET;
THENCE NORTH 89°47'21" EAST 104.35 FEET ALONG SAID NORTH MARGIN OF
WERNER ROAD; THENCE NORTH 14°32'12'' WEST 400.30 FEET TO THE POINT OF
BEGINNING.
TRACT "B"
BEGINNING AT THE INTERSECTION OF THE NORTHERLY RIGHT OF WAY OF
WERNER ROAD, FORMERLY KNOWN AS BELOIT ROAD, AND THE WEST LINE OF
THE WEST HALF OF THE WEST HALF OF THE NORTH HALF OF THE SOUTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 24 NORTH,
RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON; THENCE ALONG SAID
NORTHERLY RIGHT OF WAY NORTH 89°47'21" EAST 42.41 FEET TO THE TRUE
POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY RIGHT OF WAY ON A
CURVE TO THE LEFT, THE CENTER OF WHICH BEARS NORTH 0°12'39'' WEST 45.00
FEET, AN ARC DISTANCE OF 81.89 FEET THROUGH AN ANGLE OF 104°16'09";
THENCE NORTH 14°28'48" WEST 27.52 FEET; THENCE NORTH 75°31'12" EAST 4.00
FEET TO THE WESTERLY RIGHT OF WAY OF AUTO CENTER BOULEVARD,
FORMERLY KNOWN AS KEAN STREET, AND THE TERMINUS.
TOGETHER WITH A 10 FOOT TEMPORARY CONSTRUCTION EASEMENT FOR
ROADWAY, RETAINING WALL AND STORMWATER CONSTRUCTION PURPOSES
OVER, UNDER AND UPON THE SOUTHERLY AND EASTERLY 10 FEET OF TRACT "A"
ABU'I-]'ING THE NORTHERLY MARGIN OF WERNER ROAD AND THE WESTERLY
MARGIN OF AUTO CENTER BOULEVARD. SAID EASEMENT IS TO TERMINATE ONE
YEAR FROM THE COMPLETION OF THE ROADWAY IMPROVEMENTS ON WERNER
ROAD.
DEDICATION OF RIGHT-OF-WAY -1-
HASELWOOD 1/24/00
lilt III iff IIIil1111 III II IIII II
CITY OF BREMERTON AGMT $13.88 Kitzap Co, WA