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019-22 - Resolution - Perpetual Easement with City of BremertonDocuSign Envelope ID: OF8F72CB-7E1A-427D-B54A-295F353F473E RESOLUTION NO. 019-22 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO GRANT A 15-FT WIDE PERPETUAL EASEMENT FOR WATER UTILITIES TO THE CITY OF BREMERTON FOR THE MCCORMICK VILLAGE PARK WATER FACILITIES LOCATED ON CITY PROPERTY, BUT LOCATED WITHIN THE CITY OF BREMERTON WATER RETAIL SERVICE AREA. WHEREAS, on February 20, 2014, South Kitsap Fire and Rescue granted a Permanent Access and Utility Easement to the City of Port Orchard (AFN No. 201402200181) for the purpose of constructing, operating and maintaining a shared permanent entry road and underground utility services (water, sanitary sewer, storm drainage, power, phone & cable) as needed and in association with the pending McCormick Park Development Project; and WHEREAS, as part of the 2014 McCormick Village Park Development Project — Phase I Grading and Utility Improvements, an 8-inch water distribution main and fire hydrant serving the Project was constructed 1) within the Permanent Access and Utility Easement mention above and 2) on City -Owned property; and WHEREAS, on November 21, 2019, the City of Port Orchard and the City of Bremerton entered into an Interlocal Agreement for the Purchase and Sale of Assets within the 580 Zone, whereby one of the Conditions of the Agreement required the existing 8-inch water distribution main and fire hydrant serving McCormick Village Park Development Project within the City of Bremerton's Water Retail Service Area to be conveyed to the City of Bremerton in accordance with the Kitsap County Coordinated Water System Plan; and WHEREAS, the grant of easements over and across City -owned property requires authorization by the City Council; and WHEREAS, the City Council desires to grant an easement to the City of Bremerton to effectuate the terms of the aforementioned Agreement; and WHEREAS, the City Council finds that the grant of the requested easement is in the best interests of the residents of Port Orchard; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of the Resolution. THAT: The Port Orchard City Council approves of and authorizes the Mayor to execute a 15-ft wide perpetual Easement for Water Utilities with the City of Bremerton for the McCormick Village Park Water Facilities, in a form acceptable to the City Attorney. DocuSign Envelope ID: OF8F72CB-7E1A-427D-B54A-295F353F473E Resolution No. 019-22 Page 2 of 2 THAT: This Resolution shall take full force and effect upon passage and signatures hereon. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 22nd day of February 2022. DocuSigned by: jea�t v� P4M A SW. L E8BB5BBEi=tE ... Robert Putaansuu, Mayor r_r111:6115 DocuSigned by: E va�n (�1AUAV, Brandy Wallace, MMC, City Clerk