HomeMy WebLinkAbout200705170100 - KBSJ Development LLC - Contract No Protest AgreementKBSJ DEVELOPI'IENT 2OA7@5T7OLAO
aqreement Rec Fee: $ 69.00 pager 1 of 6a4tfi I2@@7 09:58 AMkir"" fivnn, Kitsap Co Auditor
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AF"TER RECORDING MAIL TO:
Maher M. Abed, P.E.
Public Works Director
City of Port Orchard
Public Works Dept.
2L6 Prospect Street
Port Orchard, WA 98366
Legal Description:
Tax Acmunt No.:
NO PROTESTAGREEMENT
AND CO\IEf.IAI.IT BIJNNING Wm{ TIIE LAND
A.
B.
fhis Agreement is made this 27th day of April, 2007, between KBSJ
Development, L.L.C. ('Owners"), and the Cityof Port Orchar4 Washington ("Cit/).
NDCrIATS:
The Owners warrant that they are the owners of the real property listed
above and legally described herein in Exhibit A (referred to herein as the
"Properties').
On Januar5r 5, 2006 the owner pmposed to change the existing 2sning on its
1.41 acre parcel legally described in Exhibit A, from Residential 4.5 (R 4.5) to
the broadest mix of 1sf,eil, service, office (CO) as allowed by the
Comprehensive Plan.
C.As a condition precedent to paragraph B above, the City required that the
Owners agree to waive their right to protest any formation of a Local
Improvement District or Utility Incal lmprovement District (collectively
referred to herein as a "LID") for the purpose of constructing full roadway
improvements along Bethel Avenue to include pavement widening,
installation of curbs and gutters, sidewalks, street lighting, landscaping and
an offsite storm water self oollection system, and that the waiver shall be a
covenant running with the land binding on all subsequent owners.
The City Council of the City of Port Orchard has authorized the Mayor to
execute this Agreement.
See Exhibit A attached hereto and incorporated herein by this
reference. S u.: /tU ,^; 3et- lta Tt^, Yv- 2 Y [nq O lE
36240L-2-Ok5-2W4 ')
D
ORIOI NAL
TO
Public
CiW of
2L6 Street
Port Orchard WA 98366
Spae above for Recorder's use.
ffiCISE TA)( EXEI\{PT
RIGHT OF WAY DEED - ROAD KNOWNAS BEIHELAVEI.IUE
KNOW ALL MEN BY TIIESE PRESENITS, TIIAT KBSI Development LLC, a
Washington Limited Liability Corporation, residing at 500 John Street, Seattle,
Washington, for and in consideration of a land use reclassifrcation from Residential R
4.5 to commercial, retail, and office (CO), which is consistent with the Comprehensive
Plaru conveys and wanants unto the City of Port Orchard, a Political Subdivision of
the State of Washingbon, its assigns and successors, the following described property,
situated in Section 36, Township 24 North, Range 1 East, W.M., Kitsap County,
Washington:
TTIE WEST 20 FEET OF TTIE FOLI.OWING DESCRIBED PARCEL:
TrrAT PORTTON OF TIfi SOUITTWEST QUARTER OF THE
NORTITWEST QUARTER OF SECTION 36, TOWNSHIP 24 NORTIT,
RANGE 1 EAST, W.M., IN KITSAP COUI{TY, WASHINGTON
DESCRIBED AS FOLI.OWS:
BEGINNING AT A POINT ON TT{E WEST IVIARGIN OF MITCTIELL
ROAD, WHICH IS SOL]"NI 0'0817'EAST I.,330.97 FEET AhID SOI.rMI
89"19' EAST 715.00 FEET FROM fiIE NORTTIWEST CORNER OF
SAID SECTION 36; TIIENCE FOLT.OWING TI{E WEST MARGIN OF
MITCIIELL ROAD IN A SOIITTIWESTERLY DIRECTION, A
DISTANCE 464.7I FEET TO THE SOUIIIEST CORI.IER OF
PROPERTY DEEDED TO PUGET SOTJND POWER AND LIGHT
COMPANY BY DEED UNDER AIJDITOES FII,E NO. 563648, AND
TIIE TRTIE POINT OF BEGINNING OF TTIIS DESCRIPTION;
TIIENCE COhITINTJING SOIIITIWESTERLY AI.ONG THE WEST
MARGIN OF IVIITCI{ELL ROAD, A DISTANCE OF 25O.OO FEET;
THENCE NORTTI 89"19 WEST 4S5 FEET, MORE OR LESS, TO fiIE
EAST MARGIN OF STATE ROAD NO. 14 THENCE FOLI^OWING
TIIE EASTERLY MARGIN OF STATE ROAD NO. 14 IN A
NORTTMRLY DIRECTION 247 FEET, MORE OR I,ESS, TO A POINN
WHICH BEAR NORTH 89'19 WEST FROM TIIE TRTJE POINT OF
BEGINMNG; fiIENCE SOI/TII 89.19 EAST 462 FEET, MORE OR
T,tr]SS, TO THE TRTIE POINT OF BEGINNING;
EXCEPT TI{E EASTEBLY 2OO FEET THEREOF, (AS MEASI,]RED
PARAIIEL THE WESTERLY MARGIN OF MITCHELL ROAD),
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Page: 2 of 6
KBSJ DEVELOPI'IENTil*".t"nt Rec Fee: $ 69 00
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1.
2.
Now, therefore, in consideration of the mutual promises of the parties and
other good and valuable consideration, the parties hereby agxee as follows:
All of the recitals set forth above are adopted by the parties as material
elements of this Agreement.
Owners hereby waive their right under RCW 35.43.180 to protest formation
of an LID for the purpose of frnancing future roadway improvements along
Bethel Avenue as described in item C of this aspect. Owners shall retain
their right to object to their individual assessment (induding the
determination of special benefrts allocable to the property), or to appeal to the
superior court the decision of the city council affrrming the frnal assessment
roll.
This fureement shall be recorded with the Kitsap County Auditor and shall
constitute a covenant running with the land legally described in Exhibit "A"
and shall be binding on the parties and their respective heirs, executors,
successors, grantees, and assignees.
The parties' obligation hereunder shall terminate ten years from the date
first set forth above.
If any court or tribunal declares any provision of this Agreement to be
invalid, the remaining provieions of this Agreement shall not be affected
thereby.
In the event of any dispute arising from the terms and conditions of this
Agreement, the prevailing party shall be entitled to his attorney's fees and
reasonable costs. Venue shall be in Kitsap County Superior Court.
IN WITNESS WHEREOF, the parties hereto have signed and sealed this
Agreement the day and year first above written.
CITY OF PORT ORCHARD:PROPERTY OWNERS:
KBSI Development, L.L.C.
(,c
4.
5.
3.
By:
6.
q-/-t"J By:
Mayor L&P Partners, Inc.
KBSJ DEVELOPI'IENT-- 2@O70517@t@g
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Attest:
Miclrelle Merlino, City Clerk
STAT'E OF WASI{INGTON
COUNIY OIi KING
SS.
I certify that I knew or have satisfactory evidence that Scott tr'. Lundberg is
the persort who appeared before me, and said person acknowledged that he signed
this instrumenb and acknowledged it to be his free and voluntary act for the uses
and purposes rnentioned in the instrurnent.
PATRICIA M. CI."ANTON
STATE OF WASHINGTON
NOTARY PUBLIC
MY COMMISSION EXPIRES
10{910
STATE O}'WASHINGTON
COUNTY OIT KITSAP
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(Print name)
NOTARY PUBLI
State of b a-.s
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DArED 'ruts&ldav of
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My Commission Ilxpires
SS
(Print name)
NOTARY
evidence that h,ru e"ry*
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I certify that I knew or have satisfactory
person who appeared before me, and said person acknowledged that she signed tliis
irrstrumcnt anci acknowledged it to be her free and voluntary act for the uses and
prlrposes mentionecl in the instrurnent"
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State
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My Comrnission Expires
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CON\IEYED TO JESSIE E. TBUAX AND LAVRE"TIE J. T?UAX, HIS
W[FE, BY DEED RECORDED I]NDEB AI]DITOBS FII,E NO. 656319,
AND TO I,AWRENCE CAIN AND MABY CAIN, HIS WIFE, BY DEED
RECORDING TJNDER AUDMOR'S FII,E NO. 802490, SITUATE IN
KITSAP COUI\IIIY, WASHINGTON
Assessot's Tax No.:36240r-2-O15-2004
Dated this 27th day of April,2007
By:
its President,
KBSJ Development, IJ.C.
Print Name:5r,ot( ?. Ug.tO6ty'/:V
fitle:ra€,rr 66L
Date
Note: Sienatur€s and Notary Seal must NCII
Go into 1 inch border line of document!
Inc.
KBSJ :Fv_EIortIEtTu, uu zou'ost,ot
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STATE OF TTIASHINGTON
COT]NTTOFKNG
ON TIIIS DATE personally appeared before me Soott F. Lundberg on behalf of L&P
Partners, Inc., to me known to be a member of I(B$J Development, Limited Liabifity
Corporation and executed and foregoing inshument, and acknowledged the said
instrument to be the free and voluntary acb and deed of said coqporation, for the uses
and purposes therein mentioned
t+
GI\aEN under my hand and official seal this N'L a^rofApril, 2007.
CL A--IA M. CI.AN' ;
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84.
Notary Public in andfor the
State of Washington, residingin
STATE OF WASHIIVT , r
n,
My Commission erpires:D
EXHIBIT "A"
DESCRIPTION:
TIil\:I PORTION OF TIIE SOIIII{WEST QUAITBR OF fiIE NORIIIWEST
QUARTER OF SECnON 3q TOWNSHIP 24 NORTH, RANGE 1EAST, W.M., IN
KITSAP COUNTY, WASHINGTON DESCRIBED AS FOLLOWS:
BEGINMNG AT A POINT ON fiIE WEST MARGIN OF MITCIIET,I,ROAD,
WIIICH IS SOI TH O'O8I.T EAST 1,330.97 FEET AND SOI.rTH 89'19 EAST
7I-5.00 FEET FROM TT{E NOEITIWEST CORNER OF SAID SEC1TION 36;
THENCE FOLI.OWING fiIE WEST MARGIN OF MITCIIELL ROAD IN A
SOLITTWESTERLY DIRECTION, A DISTANCE 464.7I FEET TO TI{E
SOT]"ITIEST CORNER OF PROPERTY DEEDED T\] PUGBT SOUND POWEE
AND LIGHT COMPANY BY DEED I]NDER AI]DNORS FILE NO. 563648, AND
TIIE TRI]E POINT OF BEGINNING OF THIS DESCRIPTIOM TT{ENCE
COI{TINUING SOTIITIWESTERLY AIONG TIIE WEST MARGIN OF
MITCIMLL ROAD, A DISTAIVCE OF 25O.OO FEET; THENCE NOEIII 89"19
WEST 435 FEET MORE OR LESS, TO TIIE EAST MARGIN OF STATE ROAD
NO. 14; THENCE FOLLOWING TIIE EASTERLY MARGIN OF STATE ROAI)
NO. 14 IN A NORTHERLY DIRECTION 247 FEET, MORE OR LESS, TO A
POINT WHICH BEAR NORTII 89"19 WEST FROM TIIE IBIJE POINIT OF
BEGINMNG; TT{ENCE SOIIITI 89"19 EAST 462 FEET, MORE OR LESS, TO
THE TRTIE POINT OF BEGINMNG;
EXCEPT THE EAfITERLY 2OO FEET TIIEREOF, (AS DIEASURED PARALLEL
THE WESTERLY MARGIN OF MITCI{ELL ROAD), CONVEYED TO JESSTE E.
TRUAXAND I"AVRE"TTE J. TRUAX, HIS W]FE, BY DEED RECORDED UNDER
AUDITOBS FIIJ NO. 666319, AND TO LAWRENCE CAIN AND I\{ARY CAIN
HIS WIFE, BY DEED RECORDING T]NDER AI.]DITOITS FILE NO. 802490,
SITUATE IN KITSAP COUNTY, WASHINGTON.
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