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03/08/2022 - Regular - PacketMayor: Rob Putaansuu Administrative Official Councilmembers: MarkTrenary E/D & Tourism Committee, Chair Utilities/Sewer Advisory Committee Transportation Committee KRCC-alt Shawn Cucciardi Finance Committee E/D & Tourism Committee Lodging Tax, Chair Fred Chang Economic Development & Tourism Committee Land Use Committee Transportation Committee Jay Rosa pepe Finance Committee, Land Use Committee KRCC, PSRC-alt, PSRCTranspol-alt, KRCCTransF alt, KRCC Planpol-alt, John Clauson Finance Committee, Chair Utilities/Sewer Advisory Committee Kitsap Public Health District-alt Cindy Lucarelli (Mayor Pro-Tempore) Festival of Chimes & Lights Committee, Chair Utilities/Sewer Advisory Committee, Kitsap Economic Development Alliance Scott Diener Land Use Committee, Chair Transportation Committee Department Directors: Nicholas Bond, AICP Development Director Mark Dorsey, P.E. Director of Public Works/City Engineer Tim Drury Municipal Court Judge Noah Crocker, M.B.A. Finance Director Matt Brown Police Chief Brandy Wallace, MMC, CPRO City Clerk Meeting Location: Council Chambers, V Floor 216 Prospect Street Port Orchard, WA 98366 Contact us: (360) 876-4407 cityhall@cityofportorchard.us City of Port Orchard Council Meeting Agenda March 8, 2022 6:30 p.m. The City is conducting its public meetings remotely to prevent the spread of COVID. The City is providing options for the public to attend through telephone, internet or other means of remote access, and also provides the ability for persons attending the meeting (not in -person) to hear each other at the same time. Therefore, Remote access only Link: https://us02web.zoom.us/o/89251387918 Zoom Webinar ID: 892 5138 7918 Zoom Call -In: 1 253 215 8782 Guiding Princioles • Are we raising the bar? • Are we honoring the past, but not living in the past? • Are we building connections with outside partners? • Is the decision -making process positively impacting diversity, equity, and inclusion? 1. CALL TO ORDER A. Pledge of Allegiance 2. APPROVAL OF AGENDA 3. CITIZENS COMMENTS (Please limit your comments to 3 minutes for items listed on the Agenda and that are not for a Public Hearing. When recognized by the Mayor, please state your name for the official record. If you are attending remotely via telephone, enter *9 from your keypad to raise your hand.) 4. CONSENT AGENDA (Approval of Consent Agenda passes all routine items listed below, which have been distributed to each Councilmember for reading and study. Consent Agenda items are not considered separately unless a Councilmember so requests. In the event of such a request, the item is returned to Business Items.) A. Approval of Vouchers and Electronic Payments B. Approval of Payroll and Direct Deposits 5. PRESENTATION 6. PUBLIC HEARING A. Petition to Vacate City Right-of-way, the Southern Portion of Opened Bay Street (Wallace) Page 3 7. EXECUTIVE SESSION - Pursuant to RCW 42.30.110(1)(i), the City Council WILL hold a 30-minute executive session regarding potential litigation. 8. BUSINESS ITEMS A. Adoption of an Ordinance Approving the Petition to Vacate City Right -of -Way, the Southern Portion of Unopened Bay Street (Wallace) Page 16 B. Approval of the 2022 Comprehensive Plan Amendment Docket (Bond) Page 95 C. Approval of Amendment No. 1 to Contract No. 001-22 with MurrySmith, Inc. for the 2022 On- Call/Modeling Update Services (Dorsey) Page 98 D. Approval of the February 15, 2022, City Council Work Study Meeting Minutes Page 102 E. Approval of the February 22, 2022, City Council Meeting Minutes Page 106 9. DISCUSSION ITEMS (No Action to be Taken) A. Continued: Veterans Park 10. REPORTS OF COUNCIL COMMITTEES 11. REPORT OF MAYOR 12. REPORT OF DEPARTMENT HEADS 13. CITIZEN COMMENTS (Please limit your comments to 3 minutes for any items not up for Public Hearing. When recognized by the Mayor, please state your name for the official record. If you are attending remotely via telephone, enter *9 from your keypad to raise your hand.) 14. EXECUTIVE SESSION: Held earlier. 15. CITY COUNCIL GOOD OF THE ORDER 16. ADJOURNMENT COMMITTEE MEETINGS Date & Time Economic Development and March 14, 2022; 9:30am — 2nd Monday of each Tourism month Utilities April 12, 2022; 5:00pm Finance March 15, 2022; 5:00pm — 3rd Tuesday of each month Transportation March 22, 2022; 4:30pm- 41h Tuesday of each month Festival of Chimes & Lights March 21, 2022; 3:30pm-3rd Monday of each month Land Use March 16, 2022; 4:30pm — 3rd Wednesday of each month Lodging Tax Advisory March 9, 2022; 8:00am Sewer Advisory May 18, 2022; 6:30pm Council Retreat March 11, 2022; 9:00am Outside Agency Committees Varies Location Remote Access Remote Access Remote Access Remote Access Remote Access Remote Access Remote Access Remote Access City Hal Varies Please turnoff cell phones during meeting and hold your questions for staff until the meeting has been adjourned. The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required. Meeting materials are available on the City's website at: www.cityofportorchard.us or by contacting the City Clerk's office at (360) 876-4407. March 8, 2022, Meeting Agenda Page 2 of 2 Back to Agenda Aw ` City of Port Orchard ., .++„iyn_, ��_• 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Public Hearing 6A Subject: Public Hearing on a Petition to Vacate City Right -of -Way, the Southern Portion of Opened Bay Street Meeting Date Prepared by Atty Routing No Atty Review Date March 8, 2022 Brandy Wallace, MMC City Clerk N/A N/A Summary: Petitioners Walter and Roberta Huth Trustees, owners of 1819 Bay Street, Kitsap County Tax Parcel No. 4027-034-003-0007, submitted a petition to vacate City right-of-way (ROW). The ROW is an opened portion of Bay Street, directly adjacent to the Petitioners' parcel to the south, approximately 200 square feet in total area. The Clerk received a complete application conforming with the requirements of Port Orchard Municipal Code chapter 12.08, including Section 12.08.010. The Public Works Director supports the vacation, as this is necessary to receive clean title for the federally funded Pedestrian Pathway Project. The area is currently encumbered by a portion of a structure owned by the petitioners. On February 8, 2022, the Council adopted Resolution No. 020-22, setting a public hearing date and time. On February 9, 2022, the City posted the required public notice in a conspicuous place in the alley sought to be vacated and placed a copy of the adopted Resolution in three of the most public places in the City: (1) City Hall Bulletin Board, (2) Kitsap County Administrative Building Bulletin Board, and (3) Port Orchard Library Bulletin Board. These actions meet the required posting and noticing requirements as outlined in RCW 35.79.020 and POMC 12.08.020. As of today, staff has not received any written objections to this proposed vacation. Pursuant to RCW 35.79.020 and POMC 12.08.030(1), the Council is prohibited from proceeding with the Public Hearing if fifty percent (50%) of the abutting property owners file written objection to the proposed vacation with the Clerk, prior to the time of the hearing; therefore, with no written objections, the Council shall proceed with the Public Hearing. Recommendation: Staff recommends the Mayor open the public hearing to take public testimony on the petition to vacate City ROW, the Southern portion of opened Bay Street. Attachments: Resolution No. 020-22 and Petition. Page 3 of 112 Back to Agenda City of Port Orchard City Clerk's Office 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 • cityhall@cityofportorchard.us www.cityofportorchard.us PETITION TO VACATE CITY RIGHT-OF-WAY APPLICATION (POMC 12.08 / Resolution No. 030-17) This document is considered a public record and is subject to public disclosure laws in Chapter 42.56 RCW. Property Owner's Name(s): Walter and Roberta Huth Trustees Mailing Address: 554 28`h Street Oakland CA 94609 Street City State Zip Contact Information: 707889-3453 huthroberta pmail.com Phone Email Address of Requested Vacation: 181.9 BaV Street Street or nearest cross street Parcel Number of Requested Vacation: 4027-034-003-0007 1. The undersigned, owner of real property abutting upon that public street/alley described below, does hereby petition the City of Port Orchard to vacate said street/alley, described as follows (you may attach a separate sheet containing the legal description): Legal description of the requested right-of-way prepared by a licensed surveyor: SEE ATTACHED all situated in the City of Port Orchard, County of Kitsap, State of Washington; declares that this petition is supported by the signatures of the owners of more than two-thirds of the real property abutting the requested vacation area; and requests that said City Council by Resolution fix a time and place when this petition shall be heard and determined by that authority, which time shall not be more than sixty (60) days nor less than twenty (20) days after passage of such Resolution (RCW 35.79.010) 2. State the proposed use of the vacated right-of-way: to clear the encroachment that is in the city right-of-way. Page 1 of 3 Vacation of City Right -of -Way Application Page 4 of 112 Back to Agenda 3. Provide a map of the proposed right-of-way area to be vacated with the following information: a. Approximate width of the area to be vacated b. Approximate length of the area to be vacated c. Approximate total square footage of the area to be vacated I/We declare under penalty of perjury under the laws of the State of Washington that the foregoing information and attached documentation is true and correct, and that I/We are the true and correct owner(s) of real property abutting the requested vacation of City right-of-way. '12-13-Z I Signature of Applicant Date Signature of Applicant Date When submitting this application, please make sure the following requirements are completed and documents are submitted. • Support for Vacation of City Right -of -Way Petition form(s) signed by the owners of real property abutting upon the part of the street or alley sought to be vacated (these owners must, along with the Petitioner, constitute the owners of at least two-thirds of the real property abutting such area); • New legal description to include the requested right-of-way; • Documentation supporting the fair market value of the street or alley sought to be vacated, if applicable; s Documentation supporting the application of the Non -User Statute, if applicable; ■ Dimensions of area proposed to be vacated; o Map of the proposed right-of-way to be vacated outlined or highlighted; ■ Application processing fee of $120; and • $500 appraisal fee refundable deposit (Petitioner shall pay the actual cost of the appraisal, upon Council approval). FOR CITY CLERK'S OFFICE USE ONLY $120 Vacation Fee Received _Yes _ No Receipt No.: $500 Vacation Appraisal Fee (Refundable Deposit) Received _Yes _ No Receipt No.:__ Support for Vacation Petition By Abutting Property Owners form(s) Received _Yes _ No Public Hearing Date: Notices Posted by: Approved by the City Council Date of Noticing: Yes No Page 2 of 3 Vacation of City Right -of -Way Application Page 5 of 112 Back to Agenda City of Port Orchard ' City Clerk's Office 1-1-Tqil ; .. I �+ w� 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895 9029 • cityhall@cityofportorchard.us �~ L� www.cityofportorchard.us SUPPORT FOR VACATION OF RIGHT-OF-WAY PETITION BY ABUTTING PROPERTY OWNERS This document is considered a public record and is subject to public disclosure laws in Chapter 4Z56 RCW. Property Owner Seeking Vacation ( Contact Information: First and Last Name Phone Email Street or Nearest Cross Street of Requested Vacation: Parcel Number of Requested Signatures of owners of real property abutting requested vacation of right-of-way area (Note: all persons who have an ownership interest must shin this document. This includes co-owner(s) and/or spouses, or corporate officers authorized by the corporation. By signing, I/We declare under penalty of perjury under the laws of the State of Washington that: • I/We are the true and correct owner(s) of real property abutting the street or alley sought to be vacated. • I/We understand that I/We may see an increase on my/our tax assessment if this vacation of right-of-way petition is approved. • I/We understand I/We may be required to pay for a portion of the vacated right-of-way. First and Last Name (Printed) of Property Owner/Corporate Officer Name of Corporation (if applicable) Managing Member No. 1 (Signature and/or Title) First and Last Name (Printed) of Property Owner/Corpor \Ier - Name of Corporation (if applicable) Managing Member No. 2 (Signature and/or Title) Property Address Tax Parcel Number Mailing Address: Street City State Zip Contact Information: Phone Email Page 3 of 3 Vacation of City Right -of -Way Application Page 6 of 112 Back to Agenda GOV'T LOT 4, SEC. 25, T. 24 N., R. 1 E., W.M. I N.T.S. TAX LOT NUMBER 4027-034-002-0008 TAX LOT NUMBER 4027-034-003-0007 c �iq�C QI 4027X 0 034-005 NUMBER0005 RIGHT OF WAY op❑� '-,,AREA= 200 S.F.t , �y TPOB 4.15' POB , ST _ i \ DATE: 10/13/2021 FILE: 20.DWG Kph EXHIBIT Inlerdlsdplinary Design J131EWIl Art :�rzJeH3ml, Aw PARCEL 4027-034-003-0007 Sure •ICD -1 k. 9�A iB U s.hf AAQ8,21 1253162T-0720 RIGHT OF WAY VACATION I'L76jP9fi•15dq wwrl.4�mT Page 7 of 112 Back to Agenda EXHIBIT PARCEL NO. 4027-034-003-0007 RIGHT OF WAY VACATION THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A", DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID PARCEL 'A", SAID CORNER ALSO BEING ON THE NORTHEASTERLY MARGIN OF BAY STREET; THENCE NORTH 60° 10' 20" WEST ALONG SAID NORTHEASTERLY MARGIN, 4 15 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 29° 49' 40" WEST, 11.00 FEET, THENCE NORTH 60' 10' 20" WEST, 18 20 FEET; THENCE NORTH 29° 49' 40" EAST, 11.00 FEET TO SAID NORTHEASTERLY MARGIN; THENCE SOUTH 60' 10' 20" EAST ALONG SAID NORTHEASTERLY MARGIN, 18 20 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 200 SQUARE FEET, MORE OR LESS. PARCEL 'A": (PER CHICAGO TITLE INSURANCE COMPANY ORDER NO. 417031, DATED SEPTEMBER 13, 2021) THE SOUTHEASTERLY 20 FEET OF LOT 3 AND ALL OF LOT 4, BLOCK 34, ANNAPOLIS, ACCORDING TO THE PLAT RECORDED IN VOLUME 1 OF PLATS, PAGE 64, RECORDS OF KITSAP COUNTY, WASHINGTON; TOGETHER WITH VACATED NORTHERLY 25 FEET OF NORTH BAY STREET ADJOINING THEREOF; ALSO TOGETHER WITH THE ABUTTING PORTION OF LOT 3 AND ALL OF LOT 4, BLOCK 34, SIDNEY (NOW PORT ORCHARD TIDELANDS) IN FRONT OF LOT 3 AND LOT 4, BLOCK 34, ANNAPOLIS IN SECTION 25, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON. 10%13�2.01.1 20-ROW-VACATION.DOCX Page 1 of 1 KPG IACOMA• SLAT ILE Page 8 of 112 oal of 001-01 aia-no Z. o 0 ❑ol-oa uxraa ❑oa•oo ono ox oaz-no 009-00 9 ov oo 04.00 - :r, Mir ons as 013-00 �� ods-00 , oxsflu onx ao • 001-00 w� y,j J au-oa a . - • ' 902�0 4 —q ` 006-Ooa 07-08 +y i IF cc Back to Agenda Page 1Oor110 Back to Agenda Page nor110 Back to Agenda RESOLUTION NO.020-22 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, FIXING THE DATE OF PUBLIC HEARING ON A PETITION TO VACATE A PORTION OF BAY STREET, OPENED CITY RIGHT-OF-WAY. WHEREAS, the petitioners, Walter and Roberta Huth Trustees, submitted a petition to vacate a portion of opened City right-of-way, a portion of Bay Street; and WHEREAS, the petitioners own the parcel at 1819 Bay Street, Kitsap County Tax Parcel No. 4027-034-003-0007, located directly to the south of the proposed portion of opened right- of-way proposed for vacation; and WHEREAS, the petitioners have submitted an application, copy attached hereto as Exhibit A and incorporated herein by this reference, which meets the requirements set out in Port Orchard Municipal Code (POMC) 12.08.010, and have paid the applicable fees required by the City; and WHEREAS, the petitioners constitute the owners of more than two-thirds (2/3) of the property abutting the area proposed for vacation pursuant to RCW 35.79.010; and WHEREAS, the petitioners have requested that proceedings be had hereon for the vacation of said portion of the city right-of-way in the manner prescribed by RCW 35.79; and WHEREAS, the proposed area for vacation is approximately 200 square feet, legally described as follows and depicted in the survey contained in Exhibit A hereto: THE SOUTHEASTERLY 20 FEET OF LOT 3 AND ALL OF LOT 4, BLOCK 34, ANNAPOLIS, ACCORDING TO THE PLAT RECORDED IN VOLUME 1 OF PLATS, PAGE 64, RECORDS OF KITSAP COUNTY, WASHINGTON, TOGETHER WITH VACATED NORTHERLY 25 FEET OF NORTH BAY STREET ADJOINING THEREOF, ALSO TOGETHER WITH THE ABUTTING PORTION OF LOT 3 AND ALL OF LOT 4, BLOCK 34, SIDNEY (NOW PORT ORCHARD TIDELANDS) IN FRONT OF LOT 3 AND LOT 4, BLOCK 34, ANNAPOLIS IN SECTION 25, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON. WHEREAS, the street vacation is requested to reflect existing structures in the opened right of way, and the obtain clear title for the Bay Street Pedestrian Pathway Project; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Page 12 of 112 Back to Agenda keSUIULIU11 ivu. ucu-22 Page 2 of 2 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 this Resolution. THAT: A Public Hearing upon said proposed street vacation shall be held via the online platform zoom and by telephone on Tuesday, March 8, 2022, at 6:30 p.m., at which hearing all persons interested in said street vacation are invited to appear telephonically or via the zoom platform. Access information including the telephone number and zoom information shall be included in the notices required herein. THAT: The City Clerk is directed to post notice of the petition in three of the most public places in the city and a like notice in a conspicuous place on the street sought to be vacated, pursuant to RCW 35.79.020. The Clerk shall also post the notice on the City's website. THAT: The 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 City Clerk in authentication of such passage on this 8th day of February 2022. ATTEST: Trandyy Wallace, MMC, City Clerk ::f2 Robert Putaansuu, Mayor �o%lIIIfII 171l11!! _ 'SEAL _ • N v. Page 13 of 112 Back to Agenda EXHIBIT PARCEL NO. 4027-k -003-0007 RIGHT OF WAY VACATION THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A", DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID PARCEL 'A", SAID CORNER ALSO BEING ON THE NORTHEASTERLY MARGIN OF BAY STREET; THENCE NORTH 60' 10' 20" WEST ALONG SAID NORTHEASTERLY MARGIN, 4.15 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 29° 49' 40" WEST, 11.00 FEET, - THENCE NORTH 60° 10' 20" WEST, 18.20 FEET' THENCE NORTH 29° 49' 40" EAST, 11.00 FEET TO SAID NORTHEASTERLY MARGIN; THENCE SOUTH 60' 10' 20" EAST ALONG SAID NORTHEASTERLY MARGIN, 18.20 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 200 SQUARE FEET, MORE OR LESS. PARCEL 'A (PER CHICAGO TITLE INSURANCE COMPANY ORDER NO. 417031, DATED SEPTEMBER 13, 2021) THE SOUTHEASTERLY 20 FEET OF LOT 3 AND ALL OF LOT 4, BLOCK 34, ANNAPOLIS, ACCORDING TO THE PLAT RECORDED IN VOLUME 1 OF PLATS, PAGE 64, RECORDS OF KITSAP COUNTY, WASHINGTON; TOGETHER WITH VACATED NORTHERLY 25 FEET OF NORTH BAY STREET ADJOINING THEREOF; ALSO TOGETHER WITH THE ABUTTING PORTION OF LOT 3 AND ALL OF LOT 4, BLOCK 34, SIDNEY (NOW PORT ORCHARD TIDELANDS) IN FRONT OF LOT 3 AND LOT 4, BLOCK 34, ANNAPOLIS IN SECTION 25, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON. IO�13�ZOZl 20-ROW-VACATION. DOCX Page 1 of 1 KPG FACOMA• SEAI l LE Page 14 of 112 Back to Agenda GOV'T LOT 4, SEC. 25, T. 24 N., R. 1 E., W.M. I � , N.T.S. I TAX LOT NUMBER , 4027-034-002-0008 , , I SAX LOT NUMBER =� 4 7 Ok 4027X 0304-005 NUMBER0005 T RIGHT OF WAY , {7,c �� '-,,,AREA= 200 S.F.t , qr. ¢ . . ��2� TPOB 4.15' POB I \ T�FFT / \ DATE: 1 FILE: 20.DWG i.LCV* EXHIBIT Interdisciplinary Design 3131E�io9Ave 25020e0ereonAw PARCEL 4027-034-003-0007 Seile400 Tacoma, WA96402 S(253)621-0120 RIGHT OF WAY VACATION (2 www.kpg.com Page 15 of 112 Back to Agenda n : INYI a 'w - a: Agenda Item No. City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Business Item 7A Agenda Staff Report Subject: Adoption of an Ordinance Approving the Petition to Vacate City Right -of -Way, the Southern Portion of Opened Street Meeting Date: March 8, 2022 Prepared by: Brandy Wallace, MMC City Clerk Atty Routing No Atty Review Date N/A N/A Summary: Earlier this evening, a Public Hearing was held to take testimony on whether the City Council should vacate approximately 200 square feet of City Right -of -Way (ROW), the Southern portion of opened Bay Street, adjacent to 1819 Bay Street. Staff has determined the following with regards to the proposed street vacation: The area sought to be vacated was plated, on June 3, 1890 and annexed into the City by the adoption of Ordinance No. 714, on March 25, 1963. The City Engineer has reviewed the street vacation petition and has indicated the following: 1. The area sought to be vacated is not needed for public travel now or in the foreseeable future. 2. The functionality of the area sought to be vacated for public purposes is nonexistent. 3. The vacation of the area would not adversely affect any City utilities, such as water, sewer, or storm. 4. The City has not included any projects within the proposed vacation area as part of its six -year road plan, nor has the City any scheduled capital facilities projects on this property. The Community Development Director stated the following: 1. Vacation of the proposed area does not create potential or actual land uses that are inconsistent with City growth plans and goals. This area has not been identified in the City's Comprehensive Plan. Staff has determined that the area proposed for vacation has not been vacated by lapse of time under the non -user statute. Therefore POMC 12.08.050(1)(b) states if the street has been part of a dedicated public right of way for 25 years or more, of if the subject property to be vacated was acquired at public expense, the City may require owners of the property abutting the street to compensate the City in an amount that does not exceed the full appraised value of the area vacated. The City obtained an appraisal of the ROW and the fair market value has been determined to be $9,500. The Petitioner is asking the Council to reconsider the sales price of the ROW from $9,500 to $6,000, as that was the value of the ROW when agreed to purchase in July of 2018. In addition, she is asking the Page 16 of 112 Back to Agenda Item 7A Page 2 of 2 City to waive the appraisal fees associated with determining the value of the ROW. She states that there was confusion on whether she could get her own appraisal or if the City would be required to. The cost to the City to obtain the appraisal was $3,000, plus an addition $900 for a review fee. The Petitioner stated she could have received an appraisal for approximately $800, if she hired her own appraiser. Relationship to Comprehensive Plan: N/A Recommendation: Based on the report provided to the Council, staff recommends approving the street vacation petition as presented. However, staff is looking for direction if you are interested in reducing the value of the ROW and/or waiving or reducing the appraisal fee. Motion for consideration: I move to adopt an Ordinance, vacating 200 square feet of City right-of-way, the Southern portion of opened Bay Street, as presented. Fiscal Impact: Appraised fair market value has been determined to be $9,500. Alternatives: N/A. Attachments: Draft Ordinance, Letter from Ms. Huth, Appraisal, and Annexation Ordinance No. 714 (Petition was provided under public hearing item). Page 17 of 112 Back to Agenda ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, VACATING A PORTION OF BAY STREET, OPENED CITY RIGHT-OF-WAY IN PORT ORCHARD, WASHINGTON; ESTABLISHING THE CONDITIONS OF SUCH VACATION; PROVIDING FOR SEVERABILITY AND PUBLICATION; AND SETTING AN EFFECTIVE DATE. WHEREAS, a petition for vacation of a portion of Bay Street was submitted to the City by Walter and Roberta Huth, Trustees ("Petitioners"); and WHEREAS, the legal description of the vacated right-of-way is attached as Exhibit A; and WHEREAS, the Petitioners represent the owners of more than two thirds of the abutting property, and all have signed and are in support of the petition; and WHEREAS, on February 8, 2022, the City Council adopted Resolution No. 020-22 fixing March 8, 2022, as the date for a public hearing on the street vacation petition, which is not more than 60 days or less than 20 days after passage of the Resolution (POMC Section 12.08.010(3) and RCW 35.79); and WHEREAS, the City Clerk provided public notice and posting of the pending street vacation petition of the public hearing as required by law (POMC Section 12.08.020(1) and RCW 35.79); and WHEREAS, the City Council held a public hearing on March 8, 2022, on the proposed street vacation; and WHEREAS, staff reviewed the petition and, in light of the provisions of POMC chapter 12.08.060, determined this proposed street vacation is not subject to the 1889- 1890 Laws of Washington, Chapter 19, Section 32 (the nonuser statue) as it was part of the original creation of the City boundaries in 1890; and THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Non -user Statute. Under POMC Section 12.08.060(5), staff has determined the area proposed for vacation has not been vacated by lapse of time under the non -user statute. Section 2. Public Notice. The City Council finds that the City Clerk provided at least 20 days' and not more than 60 days' notice of the pendency of the street vacation petition and the public hearing thereon, as required by POMC Section Page 18 of 112 Back to Agenda Ord,, ici m-c Page 2 of 3 12.08.020 and RCW 35.79, including notice being posted on the street or alley sought to be vacated. Section 3. Staff Report. Staff has prepared a report and recommendation on the proposed vacation, which is dated February 8, 2022. A copy of this report was available to the public prior to the public hearing. Section 4. Public Hearing. The public hearing was held on the petition for street vacation on February 8, 2022. Section S. Testimony at Public Hearing. The Public Hearing was held and no one from the public commented on this street vacation OR Section S. Testimony at Public Hearing. The following is a list of the members of the public testifying at the public hearing, and a summary of the public testimony presented: [INSERT] Section 6. City Council Findings. After hearing the testimony of the public, if any, and considering the staff report and all other relevant facts, the City Council finds as follows: a. The area sought to be vacated was annexed into the City by adoption of Ordinance No. 714 in 1963. b. The area sought to be vacated is not needed for public travel now or in the foreseeable future. c. The functionality of the area sought to be vacated for public purposes is nonexistent. d. The vacation of the area would not adversely affect any City utilities, such as water, sewer, or storm. e. The City has not included any projects within the proposed vacation area as part of its six -year road plan, nor has the City any scheduled capital facilities projects on this property. f. Vacation of the proposed area does not create potential or actual land uses that are inconsistent with City growth plans and goals. This area has not been identified in the City's Comprehensive Plan. 9. Section 7. City Council Conclusions. The City Council has determined that the area proposed for vacation may be vacated and hereby approves the street vacation petition. Page 19 of 112 Back to Agenda Ord,, ici m-c Page 3 of 3 Section 8. Compensation and Recording. A certified copy of this Ordinance vacating the proposed area shall be recorded by the City Clerk with the Kitsap County Auditor's office, as required by RCW 35.79.030, upon compensating the City in an amount of which does not exceed the full appraised value of the area so vacated. Section 9. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 10. Publication. This Ordinance shall be published by an approved summary consisting of the title. Section 11. Effective Date. This Ordinance shall take effect and be in full force and effect five days after publication, as provided by law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the City Clerk in authentication of such passage this 8t" day of March 2022. Robert Putaansuu, Mayor ATTEST: Brandy Wallace, MMC, City Clerk Charlotte Archer, City Attorney Scott Diener, Councilmember PUBLISHED: EFFECTIVE DATE: Page 20 of 112 Back to Agenda Z GY City of Port Orchard 12/10/21 CITY OF PORT ORCHARD =I,F RE: Petition to Vacate City Right -O ay of that potion of land under my detached garage at 1819 Bay Street, Port Orchard WA 98633 Dear Counsel Members and all interested parties, Marge Bailey from Tierra Right of Way Services, telephoned me in July of 2018. She informed me that as part of the City's Pathway Project, I needed to purchase the portion of the City's Right of Way, that a small portion of my garage was built on. In short Marge and her Co -Worker Kelly McGill went on to explain that, even thou the garage was built with permits in July of 1980, the new pathway is Federally funded. So, the title needs to be transferred. Please except this letter as my official request to lower the sale price, waive the appraisal fee and the appraisal review fee as follows: We are requesting the asking sale/transfer price of $9,500.00 be reduced to $6,000.00 to reflect the Tax Assessors value at the time we agreed to purchase (July 2018) the 200sq.ft. I have consistently asked for confirmation from Tierra Right of Way, that the sale price would reflect the value at the time I agreed to purchase and would be based on the County's 2018 assessed tax value. I have asserted to both Kelly McGill and Marge Bailey of Tierra Right of Way, that my family and I are suffering great financial hardship. Our underinsured primary residence in CA burned completely down in 2017 then both my neighbors in Port Orchard made an adverse possession lawsuit/claim against us in 2018. The attorney bills alone have topped over $74,000.00 leaving us financially crippled. Despite their assurances that the fees would only be a couple of hundred dollars and the sale price could not be much for such a small area. They are now asking $9,500.00 for the small area alone. If 1 Page 21 of 112 Back to Agenda Tierra Right of Way had not taken over 3.5 years of endless unexplained delays, the sale price would have been a portion of what they are now asking. I am asking that the appraisal fee and the additional appraisal review fee be waived. These fees are part of the federal pathway project. It's my understanding that the expensive Narrative Appraisal Report that cost $3,000.00 along with $900.00 review fee is not a requirement to Vacate the City's Right of Way. Had I been informed of what Tierra was really ordering. I could have purchased a professional appraisal myself for $600.00 to $800.00 that would have met all the requirements for this Petition. I'm a 61-year-old women on a disability and my Husband is retired on a fixed income. The cost increases of this transfer caused by the 3.5 years of endless delays and stress are a great financial hardship on us. Your consideration of this matter is greatly appreciated. Enclosed please find my check in the sum of $120.00 representing the application fee. Respectfully. Roberta V. Huth (707)889-3453 Page 22 of 112 Back to Agenda SHSH VALUATION AND CONSULTING PEDESTRIAN ENHANCEMENT PROJECT - MOSQUITO FLEET TRAIL PARCEL NO.: 4027-034-003-0007 WALTER AND ROBERTA HUTH, TRUSTEES BAY STREET ORCHARD, WA 98366 SH&H FILE 15349-21-20 Page 23 of 112 Back to Agenda TABLE OF CONTENTS Certificate of Appraiser..................................................................................................... 1 Assignment Scope of Work and Definitions.................................................................... 2 Appraisal Assumptions and Limiting Conditions............................................................. 3 SubjectPhotos and Map.................................................................................................... 4 Delineationof Title........................................................................................................... 7 Appraisal Problem and Scope of Work............................................................................ 7 Property Rights Acquired and Effects.............................................................................. 9 Neighborhood Description.............................................................................................. 10 Property Description, Before.......................................................................................... 15 Valuation, Before............................................................................................................22 Correlation and Final Conclusions from All Approaches ............................................... 30 Valuation, Remainder..................................................................................................... 30 Recapitulation................................................................................................................. 30 Summary of Appraisal Conclusions............................................................................... 31 Report of Contact with Owner........................................................................................ 32 Personalty/Realty Report ................................................................................................ 32 ADDENDA Market Data (Section M) Qualifications (Section Q) Right of Way Vacation Exhibit (Section R) Title Report (Section T) Page 24 of 112 NARRATIVE APPRAISAL REPORT Back to Agenda Parcel No.: 4027-034-003-0007 Owner: Walter and Roberta Huth, Trustees Federal Aid No.: STPE-STPUS-0166(008) Project: Pedestrian Enhancement Project — Mosquito Fleet Trail R/W Plan Title: Pedestrian Enhancement Project — Mosquito Fleet Trail Plan Sheet 6 of 9 Sheets Plan Approval Date: N/A Date of Last Map Revision: May 14, 2021 CERTIFICATE OF APPRAISER I certify that, to the best of my knowledge and belief: ♦ the statements of fact contained in this appraisal are true and correct; ♦ the reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conclusions, and are my personal, unbiased professional analyses, opinions, and conclusions; ♦ I have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. ♦ I have no present or prospective interest in the property that is the subject of this appraisal, and I have no personal interest or bias with respect to the parties involved; ♦ my compensation is not contingent upon the reporting of a predetermined value or direction that favors the cause of the client, the amount of the value estimate, the attainment of a stipulated result, or the occurrence of a subsequent event; ♦ my analyses, opinions, and conclusions were developed, and this appraisal has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice and the Uniform Appraisal Standards for Federal Land Acquisitions; ♦ I have made a personal inspection of the property that is the subject of this report. I have made a personal inspection of the comparable sales contained in the report addenda; ♦ I have afforded the owner or a designated representative of the property that is the subject of this appraisal the opportunity to accompany me on the inspection of the property. ♦ Katherine Tiffany (License Number 1002112) provided significant professional assistance to the person signing this report, relevant to the inspection, subject research, market research, comparable confirmation, analysis and/or report preparation. ♦ I have disregarded any increase in Fair Market Value caused by the proposed public improvement or its likelihood prior to the date of valuation. I have disregarded any decrease in Fair Market Value caused by the proposed public improvement or its likelihood prior to the date of valuation, except physical deterioration within the reasonable control of the owner; ♦ this appraisal has been made in conformity with the appropriate State and Federal laws and requirements, and complies with the contract between the agency and the appraiser; ♦ As of the date of this report, Barbro A. Hines has completed the requirements of the continuing education program for Designated Members of the Appraisal Institute The property has been appraised for its fair market value as though owned in fee simple, or as encumbered only by the existing easements as described in the title report dated September 13, 2021. The opinion of value expressed below is the result of, and is subject to the data and conditions described in detail in this report of 70 pages. I made a personal inspection of the property that is the subject of this report on October 4, 2021. The Date of Value for the property that is the subject of this appraisal is October 4, 2021. Per the FAIR MARKET VALUE definition herein, the value conclusions for the property that is the subject of this appraisal are on a cash basis and are: VALUE OF PROPOSED ROAD VACATION $9,500 Date of Assignment or Contract: April 26, 2021 Name: Barbro A. Hines, MAI, SRA Date Signed: October 15, 2021 Signature: Washington State -certified general real estate appraiser certification number: 1101044 DO NOT WRITE BELOW THIS LINE Headquarters Service Center Date Stamp Appraiser: Barbro A. Hines, MAI, SRA RES-208 Rev io-14 Region Date Stamp Page 1 Parcel: 4027-034-003-0007 Page 25 of 112 Back to Agenda Assignment Scope of Work The client of this report is Tierra Right of Way Services, LTD and the City of Port Orchard requires that, in addition to compliance with USPAP this report must also meet the WSDOT Standards as set forth in the WSDOT R/W Manual Chapter 4, the WSDOT Appraisal Report Guide, and Federal Regulations as defined in 49 CFR part 24. In the event of conflict or dispute in determining correct appraisal procedures that are not addressed in the standards noted above the Uniform Appraisal Standards for Federal Land Acquisitions (Yellow Book) will be the determining authority. Under 49 CFR, Tierra Right of Way Services, LTD and the City of Port Orchard are required to take an active role in developing the scope of work. However it is the ultimate responsibility of the appraiser to develop a complete Scope of Work and produce a credible appraisal report. The appraisers SCOPE of WORK is included in Section 5 of the report. The report must adhere to the WSDOT and Federal Standards as described above and the specific task assignment for this parcel. The task assignment for this report must be included in the report or addendum. Eminent Domain Appraisal Information and Definitions The intended use of this appraisal is to provide information to the client, Tierra Right of Way Services, LTD, as a basis for acquiring the portion of the subject property needed for the proposed project. Unless stated otherwise in the report, the property rights appraised constitute the fee simple interest. "Fair Market Value" is defined as; the amount in cash which a well-informed buyer, willing but not obliged to buy the property, would pay, and which a well-informed seller, willing but not obligated to sell it would accept, taking into consideration all uses to which the property is adapted and might in reason be applied (Washington Pattern Instruction 150.08). The intended user of this report is primarily Tierra Right of Way Services, LTD and the City of Port Orchard. Additionally, its funding partners may review the appraisal as part of their oversight activities. A copy of this report may be provided to the property owner as a courtesy and part of the good faith bargaining process. However, this does not imply that the property owner has standing as an intended user and is not authorized to publish or use the report for any other purpose. Public Law 91-646 (Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970) and Washington State RCW 8.26.18o both require that the owner or owner's representative be given an opportunity to accompany the appraiser during the inspection of the property. "If the appraiser is advised that the property owner is represented by legal council, all owner contact and property inspections must be arranged through the owner's attorney, unless the attorney specifically authorizes the appraiser to make direct contact with the owner". In condemnation, the larger parcel is the portion of a property that has unity of ownership, contiguity, and unity of use, the three conditions that establish the larger parcel for consideration of severance damages. This is also known as the "parent parcel". Extraordinary assumptions or hypothetical conditions include but may not be limited to the following: State and Federal standards require the appraiser to disregard any decrease or increase in the fair market value of the subject caused by the project. The appraiser may cite the Jurisdictional Exception Rule to comply with this requirement which is found in RCW 8.26.180. and WAC 468-100-102 (2). The after value is based on the assumption that the project has been constructed as proposed on the Right of Way plans as of the date of value. The subject has been appraised as cleaned. However, apparent environmental hazards or contamination observed or discovered during the appraisal process must be noted in the report. Appraiser: Barbro A. Hines, MAI, SRA Page 2 Parcel: 4027-034-003-0007 RES-208 Rev 10-14 Page 26 of 112 APPRAISAL ASSUMPTIONS AND LIMITING CONDITIONS i. The property description supplied to the appraiser is assumed to be correct; 2. No survey of the property has been made or reviewed by the appraiser, and no responsibility is assumed in connection with such matters. Illustrative material, including maps and plot plans, utilized in this report are included only to assist the reader in visualizing the property. Property dimensions and sizes are considered to be approximate; 3. No responsibility is assumed for matters of a legal nature affecting title to the property, nor is any opinion of title rendered. Property titles are assumed to be good and merchantable unless otherwise stated; 4. Information furnished by others is believed to be true, correct, and reliable. However, no responsibility for its accuracy is assumed by the appraiser; 5. All mortgages, liens, encumbrances, leases, and servitudes have been disregarded unless so specified within the report. The property is assumed to under responsible, financially sound ownership and competent management; 6. It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or structures which would render the property more or less valuable. No responsibility is assumed for such conditions or for arranging for engineering studies which may be required to discover them; 7. Unless otherwise stated in this report, the existence of hazardous material, which may or may not be present on the property, was not observed by the appraiser. However, the appraiser is not qualified to detect such substances. The presence of substances such as asbestos, urea -formaldehyde foam insulation, or other potentially hazardous materials may affect the value of the property. The value conclusions in this report are predicated on the assumption that there are no such materials on or in the property that would cause a loss of value. No responsibility is assumed for any such conditions, or for the expertise required to discover them. The client is urged to retain an expert in this field if desired. The analysis and value conclusions in this report are null and void should any hazardous material be discovered; 8. Unless otherwise stated in this report, no environmental impact studies were either requested or made in conjunction with this report. The appraiser reserves the right to alter, amend, revise, or rescind any opinions of value based upon any subsequent environmental impact studies, research, or investigation; 9. It is assumed that there is full compliance with all applicable federal, state, and local environmental regulations and laws unless noncompliance is specified, defined, and considered in this report; io. It is assumed that all applicable zoning and use regulations and restrictions have been complied with, unless non -conformity has been specified, defined and considered in this report; 1i. It is assumed that all required licenses, certificates of occupancy, consents, or other legislative or administrative authority from any local, state, or federal governmental or private entity or organization have been or can be obtained or renewed for any use on which the value estimate is based; 12. The appraiser will not be required to give testimony or appear in court because of having made this report, unless arrangements have previously been made; 13. Possession of this report, or a copy thereof, does not carry with it the right of publication. It may not be used for any purpose by any person other than the client without the written consent of the appraiser, and in any event, only with properly written qualification and only in its entirety; 14. Neither all nor any part of the contents of this report, or copy thereof, shall be conveyed to the public through advertising, public relations, news, sales, or any other media without written consent and approval of the appraiser. Nor shall the appraiser, client, firm, or professional organization of which the appraiser is a member be identified without the written consent of the appraiser; 15. The liability of the appraiser, employees, and subcontractors is limited to the client only. There is no accountability, obligation. or liability to any third party. If this report is placed in the hands of anyone other than the client, the client shall make such party aware of all limiting conditions and assumptions of the assignment and related discussions. The appraiser is in no way responsible for any costs incurred to discover or correct any deficiencies of the property; 16. It is assumed that the public project which is the object of this report will be constructed in the manner proposed on the most recent right of way plan prior to the appraisal date and in the foreseeable future; 17. Acceptance and/or use of this report constitutes acceptance of the foregoing assumptions and limiting conditions. Appraiser: Barbro A. Hines, MAI, SRA Page 3 RES-208 Rev io-14 Parcel: 4027-034-003-0007 Page 27 of 112 SUBJECT PLOT PLAN Back to Agenda Shown are the existing access frontages, improvement locations, "North arrow," and camera locations and directions for each attached subject photo. Proposed Road Vacation: 200 sq. ft. (source — Exhibit for Right of Way Vacation) Appraiser: RES-208 Rev 10-14 111, 711— — --� I 7 DAVI itTi4xlLEf R i Ene-qu�-MA WILL MS OCEAN & P1Q�7ARE�# SEC DUNL C. %qZT & .n r: JONES RANDY ALAN 8 RUSK MMKLIN im IP- I to I � I I I I I� . r IM UUNMEE Qfl off Iv WAS Ir 19-- • • HUTH WA&ER & WBERTA TRUSTEES PHOTO ANGLES MAP Barbro A. Hines, MAI, SRA Page 4 Parcel: 4027-034-003-0007 Page 28 of 112 Back to Agenda SUBJECT PHOTOGRAPHS Date of Photos: October 4, 2021 1 Photographer: Katherine Tiffany PHOTO ONE: SOUTHEASTERLY VIEW OF BAY STREET, PROPOSED ROAD VACATION AREA TO THE LEFT PHOTO TWO: NOTHWESTERLY VIEW OF BAY STREET, PROPOSED ROAD VACATION AREA TO THE RIGHT Appraiser: Barbro A. Hines, MAI, SRA Page 5 Parcel: 4027-034-003-0007 RES-208 Rev io-14 Page 29 of 112 SUBJECT PHOTOGRAPHS Back to Agenda Date of Photos: October 4, 2021 1 Photographer: Katherine Tiffany PHOTO THREE: NORTHEASTERLY VIEW OF ROAD VACATION AREA, TAKEN FROM BAY STREET Appraiser: Barbro A. Hines, MAI, SRA Page 6 RES-208 Rev 10-14 Parcel: 4027-034-003-0007 Page 30 of 112 r PROPOSED PARTIAL ROAD VACATION ADJACENT TO PARCEL NI Back to Agenda, H NARRATIVE APPRAISAL REPORT (1) OWNER: The subject is a part of a public right of way owned and operated by the City of Port Orchard. The subject of this appraisal is that part of the right of way that has a garage encroachment that is associated with a property with a physical address of 1819 Bay Street, Port Orchard, WA 98366. The adjacent property is under the ownership of Walter Huth and Roberta Huth, as trustees of the Huth Trust, created by declaration of trust on July 24, 2006. (2) ADDRESS OR LOCATION OF SUBJECT PROPERTY: Public Right of Way Adjacent to 1819 Bay Street, Port Orchard, WA 98366 (3) SUBJECT LEGAL DESCRIPTION: A legal description relevant to the proposed right of way vacation area is included on an exhibit prepared by KPG Survey & Mapping, dated October 13, 2021, a copy of which is included in the addenda of this report. The adjacent property in which the garage encroachment is associated with is legally described within a Commitment for Title Insurance issued by Chicago Title Insurance, a copy of which is included in the addenda. (4) DELINEATION OF TITLE (5 years): The subject property is part of a public right of way that is under the ownership of the city of Port Orchard. There is an encroachment of an existing garage located primarily on the adjacent parcel located at 1819 Bay Street, Assessor's Parcel Number 4027-034-003-0007, under the ownership of Walter and Roberta Huth. It is my understanding that the owners of the adjacent parcel were approached by the city to resolve the existing encroachment, either by removal of the structure from the right of way or for the property owner to purchase the encroached -upon area. I am not aware of any transactions relative to the subject property over the past five years or the adjacent property under the ownership of Walter and Roberta Huth. (5) THE APPRAISAL PROBLEM AND APPRAISER'S SCOPE OF WORK: This assignment represents the valuation of a property in fee simple in order to arrive at an estimate of value to facilitate the sale of the property to an adjacent property owner. As per the unit rule as stipulated in the Uniform Appraisal Standards for Federal Land Acquisitions, 2016 Appraiser: Barbro A. Hines, MAI, SRA Page 7 Parcel: 4027-034-003-0007 SH&H File 15349-21 (Huth - 20) Page 31 of 112 r PROPOSED PARTIAL ROAD VACATION ADJACENT TO PARCEL NI Back to Agenda, H (page 97), the subject property is analyzed in fee simple, unencumbered except for zoning ordinances, and easements of record, as of October 4, 2021, the date of inspection. The property was inspected from the public right of way on October 4, 2021. The scope of the appraisal assignment relates to the field work, inspection, research, and analysis conducted for preparation and valuation of the subject property. This appraisal assignment involved an inspection of the subject property and the comparables. Descriptive information relating to the subject property was obtained through onsite observation, Kitsap County public records and data provided by the client relative to the proposed project. For purposes of this appraisal a Strip Appraisal format will be used. A Strip Appraisal can be used where no major improvements are affected and there are neither complex severance damages nor any special benefits to the remainder parcel. In these cases, the site valued may be appraised as a pro-rata portion of the `before' land value, rather than a complete `before' and `after' evaluation. In order to estimate the market value of the subject property, the potential Highest and Best Use of the property as of the appraisal date has been analyzed. The scope of this assignment includes interviews with various individuals, and the researching of sales and listings of similar properties in the competing area to arrive at an estimate of value for the subject property. The appraisal has been presented using the WSDOT Narrative Appraisal Report format. Within this appraisal all three approaches (Income, Cost, and Sales Comparison) to value have been considered. The subject site is part of a public street right of way in the city limits of Port Orchard. In this instance, the relevant methodologies for valuing land have been reviewed with the Sales Comparison Approach representing the best method for this assignment. Thus, it is the only approach utilized to estimate the subject's market value. The subject is part of a public right of way that is owned and operated by the City of Port Orchard. The appropriate valuation methodology to be employed in valuing the subject is the "across the fence" (or ATF) method. ATF method assumes (that) land values are similar to vacant land values of properties adjacent to the property being appraised. The use of this method does not consider the subject's size and configuration as a stand-alone property; rather, the analysis is relevant to the Highest and Best Use of the subject in conjunction with nearby property uses. The Highest and Best Use of the adjacent properties is single-family residential. The Across the Fence method is based on the Principle of Substitution. In theory, the factors to consider are the nearby property's highest and best use and unit value. In order to determine an appropriate comparison, the property is analyzed as though it contains an area similar to the adjacent encroaching property, Assessor's Parcel 4027-034-003-0007, which contains 5,227 Appraiser: Barbro A. Hines, MAI, SRA Page 8 Parcel: 4027-034-003-0007 SH&H File 15349-21 (Huth - 20) Page 32 of 112 r PROPOSED PARTIAL ROAD VACATION ADJACENT TO PARCEL NI Back to Agenda, H square feet. This property size is generally consistent throughout the subject's immediate neighborhood. Therefore, the adjacent site's characteristics are the basis for the valuation of the subject. (6) PROPERTY RIGHTS TO BE ACQUIRED AND EFFECTS OF ACQUISITIONTROJECT: The subject is located along the easterly portion of Bay Street. A portion of Bay Street is planned for improvement with the Pedestrian Enhancement Project — Mosquito Fleet Trail, which is a long-term road enhancement project intended to create a non -motorized pathway linking various waterfront areas. The local project is intended to provide for a safer mode of non -motorized transportation along Bay Street. Bay Street is a heavily travelled arterial that currently does not support a shoulder or sidewalk. The trail will be developed adjacent to Bay Street, along the easterly boundary of the public right of way. In order to construct the project, the existing encroachment containing 200 square feet from the adjacent parcel onto the public right of way must be resolved. The right of way map for the project reflects an area of 160 square feet. However, an exhibit with a signature date of October 13, 2021 reflects an area of 200 square feet. This is the area utilized herein. An exhibit replicated from the exhibit is presented in the addenda of the appraisal report. Following the acquisition of the subject property by the adjacent property owner, the encroachment will be resolved, and the subject area containing 200 square feet will no longer be part of the public right of way. Appraiser: Barbro A. Hines, MAI, SRA Page 9 Parcel: 4027-034-003-0007 SH&H File 15349-21 (Huth - 20) Page 33 of 112 r PROPOSED PARTIAL ROAD VACATION ADJACENT TO PARCEL NI Back to Agenda, H (7) NEIGHBORHOOD DESCRIPTION: A neighborhood is defined as a group of complementary land uses. Neighborhoods are affected by social, economic, governmental, and environmental forces, which influence property values near the subject property, which, in turn, directly affect the value of the subject property itself. The boundaries of a neighborhood are typically identified by determining the area within which the forces affect all surrounding properties in the same way they affect the property being appraised. The subject property is located along the easterly side of Bay Street, in the city of Port Orchard, in Kitsap County, Washington. Bay Street runs parallel to the southerly coastline of the Sinclair Inlet and connects the commercial downtown area with the residential areas located northerly of the city center. A map showing the subject's area is presented on the following page with a map showing the approximate location of the subject within its immediate neighborhood located further within this section. Surrounded on three sides by water, residents of Kitsap County depend on bridges and the Washington State Ferry System for commuting with neighboring cities. There are four ferry routes linking the northern, central and southern areas of the county with the Seattle area and Interstate 5 (the major north -south transportation corridor in the state). In addition to the ferry services, the two main roadway routes connecting Kitsap County to other market areas are State Routes 16 and 3. State Route 16 connects from the south via the Tacoma Narrows Bridges, linking the county with Tacoma, Pierce County, and all points easterly and southerly of the Puget Sound. State Route 3 connects Kitsap County with rural Mason County to the south and the Olympic Peninsula to the west by way of the Hood Canal Bridge. Within the county, State Route 307 is an important connection between Kingston, State Route 104, and State Route 305. State Route 305 provides the only land -based connection road to the City of Bainbridge Island and the Bainbridge Island ferry terminal. Kitsap Transit has a passenger only ferry route that runs between Port Orchard and Bremerton. Appraiser: Barbro A. Hines, MAI, SRA Page 10 Parcel: 4027-034-003-0007 SH&H File 15349-21 (Huth - 20) Page 34 of 112 r PROPOSED PARTIAL ROAD VACATION ADJACENT TO PARCEL NI Back to Agenda, H Dabob Por; Camblo � Quilcene Lynnwood Breidablick Kmgstop tti Mountlake twt'r Terrace Shoreline Indianola Poulsbo Suquamish 13a nga r Keyport Brsnnon Seabeck Silverdale Ba i nbri d-ge Island Witte cerner Ellandss Seattle Point-KAsap Crosby Lake _ Fiol ly Bre11� on � P4r° S t}S,f ECT PlQP E 4TY CD1 frr T�q is Burien s a Belfoar SRaT ac 5unbeaO 11ashon island' Des Moanes Purdy Maury Island Allyn-Grapevlew Gig Harbor Fed Loral Way Arlondale tf Ruston W43lkers Landing 'Glam Lakebay � � Point Tacorre Unlvc�rs-[y Fife Fia[`S'tlf1e Islarid Peace t�.t t� �a[a McNeil Island .� AREA MAP Appraiser: Barbro A. Hines, MAI, SRA Page 11 Parcel: 4027-034-003-0007 SH&H File 15349-21 (Huth - 20) Page 35 of 112 r PROPOSED PARTIAL ROAD VACATION ADJACENT TO PARCEL NI Back to Agenda, H Much of the Kitsap Peninsula is dedicated to residential use, and many inhabitants utilize the Tacoma Narrows Bridges when commuting to major employment centers easterly of the Puget Sound. This is the only meaningful link to Tacoma for commuters and had become a growing bottleneck with the population increase on the Peninsula. However, construction of a second span over the Tacoma Narrows was completed in 2007 and has alleviated the traffic congestion that had impacted commuting from the peninsula areas over the prior decades. Today, the key economic influence for Kitsap County continues to be the military and government. Three military installations are located in the county — the Puget Sound Naval Shipyard (PSNS), and naval bases at Bangor and Keyport. The complexes of naval personnel are located predominantly at four sites: Puget Sound Naval Shipyard (PSNS), Navy Hospital Bremerton, Naval Undersea Warfare Engineering Station (NUWES) at Keyport, and the Naval Submarine Base at Bangor. The Puget Sound Naval Shipyard in Bremerton employs significant numbers of both military and civilian personnel, and in addition, numerous private contractors work at the shipyard. This facility is the homeport for a number of naval ships, including aircraft carriers, guided missile cruisers, and other combat support ships. The Naval Hospital at Bremerton and the Naval Supply Center Puget Sound are also major employers. The Naval Submarine Base at Bangor is a support base for nuclear -powered Trident submarines. This base provides all maintenance and training for the Trident subs and their crews. The Naval Undersea Warfare Engineering Center Keyport (NUWC) is involved in the development, testing, evaluation and maintenance of torpedoes. Additionally, this base is involved in the repair and issuing of sonar equipment, fire control equipment, targets, and mines for the Navy. The subject property is located northeasterly of the downtown area of Port Orchard. The downtown area is improved with older structures that are used to support primarily local retailers and office users. Port Orchard is the county seat for Kitsap County, with government office located near the downtown core. Appraiser: Barbro A. Hines, MAI, SRA Page 12 Parcel: 4027-034-003-0007 SH&H File 15349-21 (Huth - 20) Page 36 of 112 r PROPOSED PARTIAL ROAD VACATION ADJACENT TO PARCEL NI Back to Agenda, H ig Port Orchard m � r a 6lh Si � ro Bremerton k A N N A P TSUBJECT PROPiTY R E T S I L 9 m Veterans Memorial Park South Kitsap High Sc:haW r 41 to a HIII Dr Mile HIII Dr SE We HIII Dr L rd b y c rq m Parkwood LOCATION MAP Appraiser: Barbro A. Hines, MAI, SRA Page 13 Parcel: 4027-034-003-0007 SH&H File 15349-21 (Huth - 20) Page 37 of 112 r PROPOSED PARTIAL ROAD VACATION ADJACENT TO PARCEL NI Back to Agenda, H The subject is located along Bay Street. Part of Bay Street is being developed with a trail which eventually is intended on becoming part of a larger proposed 100± mile Mosquito Fleet Trail Project. The project, being completed in phases, will eventually link the ferry docks that served the Mosquito Fleet from Kingston to Southworth. The subject is part of the Bay Street Pedestrian Path portion of the larger Mosquito Fleet Trail project. This phase of the development begins at Waterfront Park, located southwesterly of the subject, and will terminate at the Annapolis Ferry facility, located easterly of the subject. An exhibit of the local project is provided below. The local project is intended to provide for a safer mode of non -motorized transportation along Bay Street. Bay Street is a heavily travelled arterial that currently does not support a shoulder or conventional sidewalk. Overall, the subject's immediate neighborhood is primarily residentially oriented. The subject is located within close proximity to the downtown area of Port Orchard. Major support services, including retail, office, and medical services, are also within close proximity to the subject. Appraiser: Barbro A. Hines, MAI, SRA Page 14 Parcel: 4027-034-003-0007 SH&H File 15349-21 (Huth - 20) Page 38 of 112 r PROPOSED PARTIAL ROAD VACATION ADJACENT TO PARCEL NI Back to Agenda, H (A) Larger Parcel/Present Use: The appropriate valuation methodology to be employed in valuing the subject property, which is a portion of the public right of way, is the "across the fence" (or ATF) method. ATF method assumes (that) land values are similar to vacant land values of properties adjacent to the property being appraised. In order to complete this analysis, it is necessary to identify the larger parcel. The larger parcel is then the basis of the valuation analysis. The subject property consists of a portion of the existing right of way. The identified subject area contains 200 square feet and it is located within the easterly half of Bay Street, adjacent to assessor's parcel number 4027-034-003-0007, located at 1819 Bay Street. The site is located within the city limits of Port Orchard. The proposed acquisition area is part of a larger ownership of right of ways. In defining the larger parcel there are three basic conditions that need to be established. 1.) Unity of Ownership 2.) Contiguity 3.) Unity of Use The city of Port Orchard owns and operates a network of public street right of ways and its supporting real estate, of which the subject property is a part. Therefore, the entire network of street right of ways could be one larger parcel from the "unity of ownership" perspective. The second category, "contiguity," normally requires that physical contiguity be present for a larger parcel to exist. The network of street right of ways is noncontiguous, interrupted by roadways and properties under differing ownerships. In considering the third category, "unity of use," one of the main considerations is that the properties are used in conjunction with each other. The subject area contains a portion of a garage structure that has encroached into the public right of way from the adjacent parcel. However, the subject's underlying land was originally delineated to support the network of public roads. Appraiser: Barbro A. Hines, MAI, SRA Page 15 Parcel: 4027-034-003-0007 SH&H File 15349-21 (Huth - 20) Page 39 of 112 r PROPOSED PARTIAL ROAD VACATION ADJACENT TO PARCEL NI Back to Agenda, H Considering this discussion, one could easily and logically conclude that the larger parcel is represented by the entire group of properties that are designated as city public right of ways. However, that portion of the larger parcel which will be directly impacted by the proposed acquisition is a small section of Bay Street. It seems reasonable and logical that rather than appraising the entire group of properties used in support of the network of street right of way infrastructure, this immediate area can be considered for appraisal purposes as the larger parcel, which is the approach taken in the analysis. In "Real Estate Valuation in Litigation," J.D. Eaton, MAI, SRA, notes that "the larger parcel may be all of one parcel, part of a parcel, or several parcels, depending to varying degrees on unity of ownership, unity of use, and contiguity."' Considering the entire group of properties used in support of Port Orchard's network of street right of way infrastructure as the subject property would unnecessarily complicate the appraisal assignment and valuation process, and would not likely have a significant impact on the appraisal. Thus, for purposes of this appraisal, the subject property, and the larger parcel, is identified as the section of a public street right of way located southerly of and adjacent to parcel 4027-034-003-0007, identified as a part of Bay Street. (B) Accessibility and Road Frontages: The subject property is part of a public right of way, Bay Street. Bay Street is a two-lane asphalt paved arterial with one lane of traffic in each direction. Bay Street has moderate to sometimes heavy traffic volumes as it is a major arterial in the area. (C) Land Contour and Elevations: The subject site is generally level. The majority of the site is covered with a garage structure that encroaches from the adjacent easterly parcel. According to Flood Insurance Rate Map, Panel Number 53035C0390F, effective date February 3, 2017, the subject is located in Flood Zone A. The adjacent parcels are primarily waterfront properties. Given the location of the subject property, this is typical of properties in the area. There does not appear to be any wetlands on the property. 1 J.D. Eaton, MAI, SRA, "Real Estate Valuation in Litigation," Page 76. Appraiser: Barbro A. Hines, MAI, SRA Page 16 Parcel: 4027-034-003-0007 SH&H File 15349-21 (Huth - 20) Page 40 of 112 PROPOSED PARTIAL ROAD VACATION ADJACENT TO PARCEL NI Back to Agenda, H AERIAL VIEW OF SUBJECT SITE APPROXIMATE SUBJECT OUTLINED SHOWN IN RED ADJACENT ENCROACHING PARCEL SHOWN IN GREEN Appraiser: Barbro A. Hines, MAI, SRA Page 17 Parcel: 4027-034-003-0007 SH&H File 15349-21 (Huth - 20) Page 41 of 112 r PROPOSED PARTIAL ROAD VACATION ADJACENT TO PARCEL NI Back to Agenda, H (D) Land Area: (E) Land Shape: (F) Utilities: (G) Zoning: Soils or engineering reports relevant to the subject property have not been provided. I have not noticed any atypical settling of the upland soils during the inspection of the site nor did I observe any atypical soils issues impacting the subject property. Environmental reports or studies relevant to the subject property have not been provided. As instructed by the client, the appraisal is based on the premise that the site is "clean." According to an exhibit dated October 13, 2021, created by KPG, the site contains 200 square feet. The site is rectangular in shape. All typical urban level public utilities are available to the subject property. The subject site is adjacent to a residential parcel (APN 4027-034-003-0007) zoned R2, Residential 2. According to Chapter 20.34.020 of the City of Port Orchard Municipal Code, the purpose of this zoning classification is as follows: The R2 district is primarily intended to accommodate detached house, duplex, and townhouse development with a minimum lot size that varies based on building type. The R2 district is intended to implement the residential medium density comprehensive plan designation. Additional building types that are allowed include backyard cottage (detached accessory dwelling unit), cottage court, duplex and attached house. Uses that would substantially interfere with the residential nature of the district are not allowed. This zoning classification permits residential development with a range of minimum lots sizes permitted. Detached houses that take vehicular access from a primary street have a minimum lot size of 5,000 square feet. Detached homes that do not take vehicular access from a primary street (i.e. lots with vehicular access from an alley) have a minimum lot size of 3,000 square feet. Development is limited to a maximum building height of three -stories or 35-feet. Appraiser: Barbro A. Hines, MAI, SRA Page 18 SH&H File 15349-21 (Huth - 20) Parcel: 4027-034-003-0007 Page 42 of 112 r PROPOSED PARTIAL ROAD VACATION ADJACENT TO PARCEL NI Back to Agenda, H (H) Highest and Best Use as Vacant: The subject is a part of a public right of way. The Highest and Best Use of the subject as vacant is for use in support of the right of way. (I) Improvements: The subject site contains a portion of a standalone garage structure located primarily on the adjacent easterly parcel and encroaching upon the subject. The garage was constructed in 1990 and is in average condition. The subject area outside of this building footprint is improved with asphalt pavement. (J) Special Items: None noted. (K) Real Estate Taxes: The subject property is a public right of way that is under the ownership of the city of Port Orchard and as such, has not been assessed. Should the property be purchased by a private entity that is not tax exempt, the property will be assessed by the assessor's office accordingly. L) Assessments Current and Pending: None known. (M) Existing Lease or Rental Data: None known. (N) Highest and Best Use, as Improved: The criteria for the determination of the highest and best use as improved is similar to the analysis as vacant. This determination is based upon legal and physical considerations adjusted for financial feasibility and maximal productivity considerations. The subject contains a portion of a garage building that is primarily located on the adjacent easterly parcel. The easterly parcel, containing 5,227 square feet, according to assessor's records, is rectangular in shape, generally level and has waterfront frontage along Sinclair Inlet. The adjacent parcel also includes tidelands. It is improved with a single family residential structure containing 1,532 square feet with an attached garage containing 456 square feet, as well as a bulkhead and the standalone garage containing 448 square feet, a portion of which is encroaching onto the subject. The subject is valued using the ATF methodology, which considers the relevant aspects of the adjacent properties, and in this case, the easterly adjacent parcel with the encroaching structure. Appraiser: Barbro A. Hines, MAI, SRA Page 19 Parcel: 4027-034-003-0007 SH&H File 15349-21 (Huth - 20) Page 43 of 112 r PROPOSED PARTIAL ROAD VACATION ADJACENT TO PARCEL NI Back to Agenda, H Highest and Best Use of the Adjacent Property, as Improved Legal Considerations: The adjacent parcel is zoned R2, Residential 2, under the City of Port Orchard zoning code. This zoning classification permits a limited variety of residential development as well as some low intensity utility uses. The current use of the site in support of a single-family residence is a legal and conforming use, according to the City of Port Orchard zoning standards. Physical Consideration: The adjacent parcel contains a total area of 5,227 square feet. it is accessed by Bay Street and also contains frontage along Sinclair Inlet. It is generally level. The site is improved with a single-family residence and detached garage, both in average condition. A portion of the garage encroaches onto the subject site. There do not appear to be any physical constraints that preclude the continued legal conforming residential use of the adjacent parcel. Market Feasibility (Financially Feasible and Maximally Productive): The third test of highest and best use is financial feasibility. A project's financial feasibility is measured by whether the project can produce a positive return on the investment. One of the better indications of financial feasibility is consideration of the surrounding uses near the subject property. Surrounding and nearby uses that are also zoned R2 are predominantly single-family residentially oriented. There is no alternative use that will provide for a greater return to the subject site. The most financially viable use, and maximally productive use is for continuation of the adjacent parcels existing legal conforming use and the resolution of the encroachment of the garage onto the subject site, by way of a road vacation. Conclusion: Legal, physical, and market considerations have been analyzed to evaluate the highest and best use of the property. This analysis is used to evaluate the type of use which will generate the greatest return to the owner or investor. The highest and best use for the subject as improved is for the continued residential use of the adjacent parcel and the resolution of the encroachment of the garage onto the subject site. Appraiser: Barbro A. Hines, MAI, SRA Page 20 SH&H File 15349-21 (Huth - 20) Parcel: 4027-034-003-0007 Page 44 of 112 r PROPOSED PARTIAL ROAD VACATION ADJACENT TO PARCEL NI Back to Agenda, H 8. APPROACHES TO VALUE: The Income Approach, Cost Approach and Sales Comparison Approach are the three basic techniques or approaches to value when appraising real property. Because the subject property is analyzed as an unimproved site, only those techniques applicable to Land Value derivation have been considered. The appropriate valuation methodology to be employed in valuing the subject property, which is a portion of the public right of way, is the "across the fence" (or ATF) method. In this instance, the highest and best use of the subject property is for the continued use of the site in conjunction with the adjacent easterly parcel, which contains 5,227 square feet. The subject's value is measured as to its contribution value to the adjoining easterly parcel. Several procedures for the valuation of land may be available to appraiser depending on available data. These include: 1. The sales comparison approach. Sales of similar vacant parcels are analyzed, compared, and adjusted to derive an indication of value for the land being appraised. 2. The allocation (abstraction) procedure. Sales of improved properties are analyzed, and the prices are allocated between land and improvements. 3. The extraction procedure. This is a variant of the allocation method, whereby the value of the contribution to the total value of the improvements are estimated, and then deducted from the total to leave land value. 4. The Income Capitalization procedures are as follows: a. The land residual procedure. The land is assumed to be improved to its highest and best use, and the net income imputable to the land after all expenses of operation and return attributable to the other agents in production is capitalized to derive an estimate of land value. b. The ground rent capitalization procedure. In this procedure the rent paid for the right to use and occupy land is capitalized to yield a value. Capitalization rates are derived from market data. Appraiser: Barbro A. Hines, MAI, SRA Page 21 Parcel: 4027-034-003-0007 SH&H File 15349-21(Huth - 20) Page 45 of 112 r PROPOSED PARTIAL ROAD VACATION ADJACENT TO PARCEL NI Back to Agenda, H C. The anticipated use (development) procedure. Undeveloped land is assumed to be subdivided, developed, and sold. Development costs, incentive costs and carrying charges are subtracted from the estimated proceeds of sale, and the net income projection is discounted over the estimated period required for market absorption of the developed sites to derive an indication of value for the land being appraised. The most applicable method in valuing the subject property is the Sales Comparison Approach by utilizing the across the fence methodology. 9. VALUATION -BEFORE: (A) Site Valuation: One of the most reliable indicators of value in an active market is derived by comparing the property being appraised with similar nearby properties that have sold. This approach reflects the principle that a well-informed buyer will pay no more for a property than the cost involved in obtaining an equally satisfactory substitute property. The valuation of the subject's public right of way is the valuation of a corridor. The highest and best use for the subject is for the assemblage of the subject with the easterly bordering property. The first step in the valuation process is to arrive at a unit value representative of the adjacent property, with site area of 5,227 square feet. The zoning is Residential 2, which permits residential development. The typical unit of comparison for residential development is the price per site. Appraiser: Barbro A. Hines, MAI, SRA Page 22 Parcel: 4027-034-003-0007 SH&H File 15349-21 (Huth - 20) Page 46 of 112 r PROPOSED PARTIAL ROAD VACATION ADJACENT TO PARCEL NI Back to Agenda, H A search was conducted in the market area for sites that can support a similar highest and best use based on the across the fence methodology. Three sales that occurred in 2021 were located. A fourth sale that occurred in 2019 was also identified and included due to its proximity to the subject. The sales selected are delineated in the following chart. Details of the transactions, along with a photograph, follow a map identifying the location of the comparables in relationship to the subject. Sale Location LAND SALE COMPARABLES Sale Date Analysis Price Area (Sq. Ft.) Price per Site L-1 Lot 4, SE Goat Trail Road May-21 $145,000 24,394 $145,000 Port Orchard L-2 9828 Ogle Road NE Oct-21 $200,000 13,068 $200,000 Bremerton L-3 4413 Beach Drive E Dec-19 $275,000 28,750 $275,000 Port Orchard L-4 8105 SE Bay Street May-21 $340,000 19,602 $340,000 Port Orchard The chart is intended to be self-explanatory; however, some explanation of the summary headings may be helpful. The explanation will discuss the columns from left to right starting with the heading, Sale. This simply lists the identification of the comparable. Location identifies where the property is located. Date indicates the time of sale, while the Analysis Price is the recorded price of the transaction with any additions or deductions due to buyer's expenditures. The next column, Area, includes the area of the site in square feet. The final column indicates the price per site, which is the unit of measurement typically used in the analysis of properties similar to the subject. In this instance, the price per site is the same as the analysis price as each of the properties were purchased for the development of one residence. The analysis to follow includes a brief description of each comparable. Appraiser: Barbro A. Hines, MAI, SRA Page 23 Parcel: 4027-034-003-0007 SH&H File 15349-21 (Huth - 20) Page 47 of 112 r PROPOSED PARTIAL ROAD VACATION ADJACENT TO PARCEL NI Back to Agenda, H Bandar Trident Base Keyport Olympic View �uguamisn Agate Pont 39S Venice CentraI Val Icy Br4'1`!1 svllle - 2 Bainbridge Silverdale Gilherlon llwld MeadiDwdale Bainbridge Is€and Chico Tracyton I_akc Pori. Blake y Rocky Point 303 Ersetal f3 rG��T'I Er#0n C� P SOW ECT PROPEkT i� Gar{' Parkwflad t- 4 Colby Saud hworth Sunnyslope Fc*rnwdad }. Bethel L- 1 Wildwood FTagar.a Glenwood 0 S VashUP Clalla Vashon lslwd Maplewood 9 Por age A: . COMPARABLE LAND SALES MAP Appraiser: Barbro A. Hines, MAI, SRA Page 24 Parcel: 4027-034-003-0007 SH&H File 15349-21 (Huth - 20) Page 48 of 112 r PROPOSED PARTIAL ROAD VACATION ADJACENT TO PARCEL NI Back to Agenda, H L-1 represents the sale of a waterfront site located outside of the city limits of Port Orchard. The waterfront site contains 24,394 square feet of upland area, as well as some adjacent tidelands, and is accessed by way of a steep, narrow, private dirt road. The site is sloped toward the water and requires a septic system and well for development. Electrical service is available to the site. The site is bisected by the private road, which provides access to surrounding parcels. The buyer intends to construct a single-family residence. L-2 is the sale of a waterfront residential property located off of Ogle Road Northeast in the East Bremerton/Keyport South area of unincorporated Kitsap County. The property is accessed by way of an easement over an adjacent parcel and is close to the Brownsville Marina. The site contains 13,068 square feet and is triangular in shape. It does not include any tidelands; however, it has frontage along the Puget Sound. All public utilities are available to the site. L=3 is the sale of a residential waterfront property located along Beach Drive East outside of the city limits of Port Orchard. The site contains 28,750 square feet of upland area as well as some adjacent tidelands. The site is bisected by Beach Drive East, which separates the beach and tidelands from the remainder of the site. The remainder site area is slightly sloped. All typical public utilities are available to the site. As of June 2021, a single-family residence was being constructed on the site. L-4 is the sale of a residential waterfront property located along Southeast Bay Street outside of the city limits of Port Orchard. The site contains 19,602 square feet of uplands as well as a small portion of the adjacent tidelands. Electrical service and water are available to the site; however, a septic system is needed for development. The site is slightly sloping toward the waterfront. The buyer intends to construct a single-family residence. Analysis of Comparable Land Sales Data The comparable properties are all considered relevant for providing a framework to analyze and arrive at a value estimate for the subject property. The across the fence method is used to value the subject. The site area adjacent to the subject is 5,227 square feet and has a highest and best use for residential development. For analysis purposes I will utilize the site area of 5,227 square feet for the basis of this analysis. Appraiser: Barbro A. Hines, MAI, SRA Page 25 SH&H File 15349-21 (Huth - 20) Parcel: 4027-034-003-0007 Page 49 of 112 r PROPOSED PARTIAL ROAD VACATION ADJACENT TO PARCEL NI Back to Agenda, H The top of the chart accounts for quantitative adjustments. After completing the quantitative adjustments, qualitative adjustments are reflected. When a difference is noted, either positive or negative adjustments are imputed to account for physical differences between the comparables and the subject property. In utilizing the comparables to determine a per unit value for the subject property, each sale should be adjusted to the subject for dissimilarities. There are six common elements of comparison that should be considered in sales comparison analysis. These are: Real property rights conveyed; Financing terms; Condition of sale; Buyer expenditures/other; Date of sale; and Location and Physical characteristics. In analyzing the Location and Physical characteristics, adjustments may be made for some dissimilarities among the comparables. These include location, site area, available utilities and site utility/waterfront appeal. Quantitative Adjustments The Real property rights conveyed, Financing terms, Conditions of Sale and Buyer expenditures/other do not require adjustments. Market Conditions The next quantitative adjustment to consider is relevant to time (Market Conditions). The dates for the comparables range from December 2019 to October 2021. The NWMLS is utilized to determine any trends over time. The following exhibit is replicated from the Northwest Multiple Listing Service and shows the median sale price for vacant land. The green line represents Kitsap County County, the red line represents the Port Orchard area and the black line represents the entire MLS study area. In this instance, due to the limited number of sales in the Port Orchard market, it is more relevant to look at the trends in the county region as there are a higher number of sales from which to derive market patterns. In December 2019, the median sale price for vacant land in Kitsap County was $362,500. For December 2020, the median sale price was $400,100. Finally, in September 2021, the median sale price was $450,000. Market appreciation is evident, with an overall increase from December 2019 to September 2021 of 24.14%, or 1.15% per month (24.14% / 21 months). This equates to an annual amount of around 13.79%. Overall, a conservative upward appreciation rate of roughly 12% has been relatively consistant and is applied to the sale comparables. Appraiser: Barbro A. Hines, MAI, SRA Page 26 Parcel: 4027-034-003-0007 SH&H File 15349-21 (Huth - 20) Page 50 of 112 r PROPOSED PARTIAL ROAD VACATION ADJACENT TO PARCEL NI Back to Agenda, H Medhin #Wfto Pike �OVOU1 �ftw ;Malo a Qualitative Adjustments The adjustment process simulates the thought process a prudent and knowledgeable purchaser might use if involved in comparing the land comparables to the "larger parcel" utilized for analysis. The comparison exhibit is presented on the next page to depict the positive and negative influences discussed above for each sale, which impact value in this market segment. Location The property adjacent to the subject is located in along Bay Street and has waterfront along Sinclair Inlet. L-1 is adjusted upward due to its access by way of a sloping easement road. L-2 is also accessed via an easement road and is further removed from services. This comparable is also adjusted upward. L-3 and L-4 are adjusted downward due to being located along lesser trafficked roads, a desirable characteristic for a residential property. Site Area (Sq.Ft.) In this instance, the property is analyzed based on a benchmark of 5,227 square feet. While I endeavored to bracket the size of property being analyzed, no recent waterfront sales similar in size and location were available. All of the comparables are larger and are adjusted downward, since all other factors being equal, larger sites tend to sell for a higher price than smaller sites. Appraiser: Barbro A. Hines, MAI, SRA Page 27 Parcel: 4027-034-003-0007 SH&H File 15349-21 (Huth - 20) Page 51 of 112 r PROPOSED PARTIAL ROAD VACATION ADJACENT TO PARCEL N( Back to Agenda, H Site Utility/Waterfront Appeal The analysis site is generally level and has good site utility. The parcel adjacent to the subject has no bank waterfront along Sinclair Inlet, as well as adjacent tidelands. L-1 is inferior in site utility due to sloping and the presence of a road, which bisects the property. This comparable is adjusted upward. L-2 is inferior due to its triangular shape, which somewhat restricts development. This comparable is also adjusted upward. L-3 is also bisected by a road; however, the developable portion of the site is retained on one side of the division. Considering the overall site, this comparable is similar in utility to the subject and is not adjusted. L-4 is also similar to the subject and is unadjusted. Available Utilities The subject is served by all typical public utilities, including electrical service, water and sewer. L-1 is inferior due to its lack of water and septic service. L-4 is inferior due to its need for a septic system. These comparables are adjusted upward. L-2 and L-3 are similar to the subject and are not adjusted. COMPARABLE LAND SALE ADJUSTMENT CHART Comparable Number Subject L-1 L-2 L-3 L-4 Transaction Price n/a $145,000 $200,000 $275,000 $340,000 Property Rights Conveyed Fee Simple Fee Simple Fee Simple Fee Simple Adjustment $0 $0 $0 $0 Adjusted Price $145,000 $200,000 $275,000 $340,000 Financing Cash to Seller Cash to Seller Cash to Seller Cash to Seller Adjustment $0 $0 $0 $0 Adjusted Price $145,000 $200,000 $275,000 $340,000 Conditions of Sale Arms Length Arms Length Arms Length Arms Length Adjustment $0 $0 $0 $0 Adjusted Price $145,000 $200,000 $275,000 $340,000 Buyer Expenditures/Other None None None None Adjustment $0 $0 $0 $0 Adjusted Price $145,000 $200,000 $275,000 $340,000 Date of Sale May-21 Oct-21 Dec-19 May-21 Adjustment 12% 4.00% 0.00% 21.00% 4.00% Adjusted Price $150,800 $200,000 $332,750 $353,600 Analysis Price $150,800 $200,000 $332,750 $353,600 Qualitative Adjustments Location Inferior Inferior Superior Superior Adjustment + + - - Site Area (Sq.Ft.) 5,227 24,394 13,068 28,750 19,602 Adjustment - - - - Available Utilities All available Inferior Similar Similar Inferior Adjustment + + + Utility/Waterfront Appeal Inferior Inferior Similar Similar Adjustment + + Total Adjustment Upward Upward Downward Downward Appraiser: Barbro A. Hines, MAI, SRA Page 28 Parcel: 4027-034-003-0007 SH&H File 15349-21 (Huth - 20) Page 52 of 112 r PROPOSED PARTIAL ROAD VACATION ADJACENT TO PARCEL NI Back to Agenda, H After the comparison process, a value greater than L-2 ($200,000) and lower than L-3 ($332,750) is supported. L-2 is closer in size and is a more recent sale; however, L-3 is more similar in location and site utility. Overall, slightly more weight is given to L-2 due to its recent sale date. Based on this analysis, a unit value of $250,000 as bracketed by the comparables is concluded as a benchmark to value the subject, translating to a price per square foot as follows: BENCHMARK VALUE Benchmark (Sq.Ft.) Price/Site Price/Sq.Ft. 5,227 $250,000 $47.83 Internal calculations reflect a greater mathematical accuracy than show n The across the fence methodology results in a unit value of $47.83 per square foot. The resultant price per square foot is applied to the site area to be vacated. Based on the analysis and conclusions presented within this report, it is the opinion of the appraiser that the market value of the proposed right-of-way vacation, as of the date of inspection, October 4, 2021, is: CONCLUDED VALUE Sq. Ft. $/Sq.Ft. Indicated Value 200 $47.83 $9, 566 Rounded $9,500 Internal calculations reflect a greater mathematical accuracy than shown. (2) Income Approach, Site Evaluation: There was insufficient data relating to ground leases in the subject neighborhood, so this approach was not used in the appraisal. Appraiser: Barbro A. Hines, MAI, SRA Page 29 Parcel: 4027-034-003-0007 SH&H File 15349-21 (Huth - 20) Page 53 of 112 r PROPOSED PARTIAL ROAD VACATION ADJACENT TO PARCEL NI Back to Agenda, H (3) Correlation and Final Conclusion, Land Value: With the available data, only the Sales Comparison Approach was found applicable for the subject site. Thus, after taking into consideration all of the market data, it is the opinion of the appraiser that the value of the subject property Before the proposed project is: $9,500. (B) Whole Property Valuation: With the major improvements not impacted, a whole property valuation was considered not applicable. (C) Correlation and Final Conclusion From All Approaches The appraiser has considered all approaches to value, with the market value under the three approaches noted as follows: Income Approach: Cost Approach: Sales Comparison Approach: Not Applicable Not Applicable $9,500 With the major improvements not impacted by the acquisition, only the land value was considered in the analysis, which utilized the Across the Fence Methodology for valuation. Considering the analysis presented in the preceding data and discussions, the subject property, assuming fee simple interest, has an estimated market value as it physically and legally exists, as of the date of appraisal, October 4, 2021, of: MARKET VALUE, BEFORE $9,500 (10.) VALUATION - AFTER: In a "Strip Appraisal" format this section is not applicable. RECAPITULATION: RECAPITULATION Premise Indicated Value Proposed Road Vacation $9,500 (11) EXPLANATION, MEASUREMENT, SUPPORTING DATA AND ALLOCATION OF DAMAGES, COSTS TO CURE, AND SPECIAL BENEFITS: There are no damages, costs to cure or special benefits as a result of the proposed road vacation. Appraiser: Barbro A. Hines, MAI, SRA Page 30 Parcel: 4027-034-003-0007 SH&H File 15349-21 (Huth - 20) Page 54 of 112 r PROPOSED PARTIAL ROAD VACATION ADJACENT TO PARCEL NI Back to Agenda, H 12. SUMMARY OF APPRAISAL CONCLUSIONS (Accounting tabulation - NOT indicative of appraisal method em 10 ed Indicated Subject Value Before Project Highest and Best Use Before: Residential Land value before: Strip Appraisal Total Land Value, Before N.A. Improvement value before: Ma'. Imp. Not Imp. None Total Improvement Value N.A. TOTAL SUBJECT VALUE BEFORE PROJECT N.A. Indicated Subject Value After Project Highest and Best Use After: Residential Total Land Value, After N.A Improvements After Project: Not applicable Not Impacted — Not Valued Total Improvement Value, After N.A. Less Cost to Cure: None TOTAL SUBJECT VALUE AFTER PROJECT N.A Estimated value allocation of rights acquired Land: Road Vacation 200 s . ft. f$47.83/s . ft. $9,500, rounded Total Land $9,500 Total Improvements Total Road Vacation $9,500 Plus Damages and Cost to Cure: (Damages) Total Damages and Cost to Cure Less Special Benefits, if an Total Road Vacation $9,500 Note: totals should be rounded to nearest significant market number. Total Subject value before less Total Subject value after must equal Estimated Owner Compensation. Appraiser: Barbro A. Hines, MAI, SRA Page 31 SH&H File 15349-21 (Huth - 20) Parcel: 4027-034-003-0007 Page 55 of 112 r PROPOSED PARTIAL ROAD VACATION ADJACENT TO PARCEL NI Back to Agenda, H 13. REPORT OF CONTACT WITH OWNER Person Contacted: Walter and Roberta Huth, owners Date: October 4, 2021 Address: Westerly along Bay Street Port Orchard, WA APN 4027-023-009-0004 Method of Contact: Telephone Telephone: Owner contacted appraiser and gave permission to inspect from the right of way. Appraiser was accompanied by: Katherine Tiffany with SH&H Valuation and Consulting Comments: October 4, 2021 An inspection was made of the property from the public right of way. Residential Personalty/Realty Report Item Owner Tenant Realty Personalty Salvage Value for Realty Land (road) X X Residence Appraiser: Barbro A. Hines, MAI, SRA Page 32 SH&H File 15349-21 (Huth - 20) Parcel: 4027-034-003-0007 Page 56 of 112 Back to Agenda ADDENDA Page 57 of 112 Back to Agenda SECTION "M" MARKET DATA Page 58 of 112 Back to Agenda Land Sale No. 1 Property Identification Record ID 14333 Property Type Waterfront Residential Address Lot 4, Southeast Goat Trail Road, Port Orchard, Kitsap County, Washington 98366 Location Colvos Passage area Assessor's Parcel Number 22230210262009 Instrument Statutory Warranty Deed Sale Data Grantor Land Peal Ventures LLC, et al. Grantee Craig and Ruth Snow Sale Date May 14, 2021 Auditor's File Number 202105140176 Property Rights Fee Simple Financing Typical Verification Jim Perry, selling agent; 253-241-6296 Sale Price $145,000 Land Data Zoning RR 115, Kitsap County Topography Forested and sloping Utilities Electrical available, well & septic needed Shape Generally rectangular Flood Info Includes portion of adjacent tidelands Land Size Information Gross Land Size 0.560 Acres or 24,394 SF Front Footage 52 ft Colvos Passage Indicators Sale Price/Site $145,000 Remarks This is the May 2021 sale of a waterfront residential site, located outside of the city limits of Port Orchard, in unincorporated Kitsap County. The site contains 24,394 square feet and has waterfront frontage along Colvos Passage, within the Puget Sound. The site is generally rectangular and narrow and has electrical service. A well and septic system are needed for development. The site is sloped toward the water and includes a small portion of the adjacent tidelands. The property is accessed by way of a steep, narrow dirt road that is privately maintained. The road bisects the site, resulting in two non-contiguous portions. According to the selling broker, the buyer intends to construct a single-family residence. There were no seller concessions. Development of the well and septic system will be shared with an adjacent property owner. The property was listed for $149,995 and was on the market for 161 days prior to receiving an offer for $145,000, or 96.67% of its list price. Page 59 of 112 M-1 Back to Agenda Land Sale No. 2 Property Identification Record ID 14425 Property Type Waterfront Residential Address 9828 Ogle Road Northeast, Bremerton, Kitsap County, Washington 98311 Location East Bremerton area Assessor's Parcel Number 13250140142007 Instrument Statutory Warranty Deed Sale Data Grantor Marie Claire Johnston Grantee Edward & Helen Beckley Sale Date September 21, 2021 Auditor's File Number 202109290223 Property Rights Fee Simple Verification NWMLS & Public Records Sale Price $200,000 Land Data Zoning RR 115, Kitsap County Topography Gently sloping toward waterfront Utilities All available Shape Triangular Land Size Information Gross Land Size 0.300 Acres or 13,068 SF Indicators Sale Price/Site $200,000 Remarks This is the September 2021 sale of a waterfront residential site located in the East Bremerton area. The property is situated easterly of Ogle Road Northeast and is accessed by way of an access easement over an adjacent property. It has approximately 155 feet of medium bank waterfront along the Puget Sound in the Keyport South area, in unincorporated Kitsap County. It is adjacent to the Brownsville Marina. The property does not include any tidelands. The site contains 13,068 square feet and is triangularly shaped. All typical public utilities, including sewer and water, are available to the site. A Geotech study was completed by the seller prior to the sale. The highest and best use of the site is for a single-family residential homesite. Multiple attempts were made to contact the parties involved in this sale. In lieu of this confirmation, the sale was confirmed via NWMLS and public records. Page 61 of 112 M-3 Back to Agenda EAST BREMERTON AREA 9828 OGLE ROAD NORTHEAST Page 62 of 112 M-4 Back to Agenda Land Sale No. 3 Property Identification Record ID 14334 Property Type Waterfront Residential Address 4413 Beach Drive East, Port Orchard, Kitsap County, Washington 98366 Location Port Orchard Bay area Assessor's Parcel Number 17240220052008 Instrument Statutory Warranty Deed Sale Data Grantor The DGBC Trust Grantee Thomas and Cheryl Fehlen Sale Date December 16, 2019 Auditor's File Number 201912180161 Property Rights Fee Simple Financing Typical Verification Barry Jones, selling agent; 360-710-0611 Sale Price $275,000 Land Data Zoning RR 115, Kitsap County Topography Combination sloped/level Utilities All available Shape Roughly rectangular Flood Info Includes adjacent tidelands Land Size Information Gross Land Size 0.660 Acres or 28,750 SF Front Footage 77 ft Beach Drive East; 79 ft Port Orchard Bay Indicators Sale Price/Site $275,000 Remarks This is the December 2019 sale of a waterfront residential site, located outside of the city limits of Port Orchard, in unincorporated Kitsap County. The site contains 28,750 square feet and has waterfront frontage along Port Orchard Bay, within the Puget Sound. The site is generally rectangular, narrow and has all typical public utilities. The southerly portion of the site, away from the road frontage and waterline, is steeply sloped and treed. The remainder of the site is generally level and cleared. The site is bisected by Beach Drive East, with the tidelands and beach area located northwesterly of the road, and the developable area located southeasterly of the road, resulting in two non-contiguous portions. According to the selling broker, there were nothing atypical about the property or transaction. The property was listed for $275,000 and was on the market for three days before receiving a full price, cash offer. As of June 2021, a single-family residence was being constructed on the site. Page 63 of 112 M-5 ' ... . dr 41 } IlY �T ' ^tii• �/ s aY , Back to Agenda Land Sale No. 4 Property Identification Record ID 14328 Property Type Waterfront Residential Address 8105 Southeast Bay Street, Port Orchard, Kitsap County, Washington 98366 Location Yukon Harbor area Assessor's Parcel Number 46480010030005 Instrument Statutory Warranty Deed Sale Data Grantor Melissa and Jon Pierce Grantee Wendy & Timothy Ramsaur Sale Date May 14, 2021 Auditor's File Number 202105140160 Property Rights Fee Simple Financing Typical Verification Monica Hilliard, selling agent; 253-988-9703 Sale Price $340,000 Land Data Zoning RR 115, Kitsap County Topography Slightly sloping towards water Utilities Electric & water on property, septic needed Shape Mostly rectangular Flood Info Includes adjacent tidelands Land Size Information Gross Land Size 0.450 Acres or 19,602 SF Front Footage 92 ft SE Bay Street; 78 ft Yukon Harbor Indicators Sale Price/Site $755,556 Remarks This is the May 2021 sale of a waterfront residential site, located outside of the city limits of Port Orchard, in unincorporated Kitsap County. The site contains 19,602 square feet and has waterfront frontage along Yukon Harbor, within the Puget Sound. The site is generally rectangular and narrow and has electrical service and water available. A septic system is needed for development. The site is slightly sloped toward the water and includes a small portion of the adjacent tidelands. According to the selling broker, the buyer intends to construct a single-family residence. The sales listing indicated a potential issue with a historic well that needed to be capped prior to development; however, reportedly the cost to do so was minimal and did not influence the buyers' decision. The property was listed for $350,000 and was on the market for 18 days prior to receiving an offer for $340,000, or 97.14% of its list price. Page 65 of 112 M-7 Back to Agenda YUKON HARBOR AREA 8105 SOUTHEAST BAY STREET Page 66 of 112 Back to Agenda SECTION "Q" QUALIFICATIONS Page 67 of 112 Back to Agenda BARBRO A. HINES, MAI, SRA EDUCATION Eastern Illinois University - Bachelor of Arts in Speech Communication 19.to] WD"Ito] eEll a130194e/:%0107 I MAI, Appraisal Institute SRA, Appraisal Institute PROFESSIONAL EDUCATION Appraisal Institute Courses: Introduction to Appraising Applied Residential Property Valuation Advanced Residential Form and Narrative Report Writing Basic Income Capitalization General Applications Advanced Income Capitalization Highest and Best Use and Market Analysis Advanced Sales Comparison and Cost Approaches Report Writing and Valuation Analysis Advanced Applications Standards of Professional Practice, Part A Standards of Professional Practice, Part B Business Practice and Ethics CERTIFICATIONS General Classification Washington State Certified Real Estate Appraiser State of Washington Certification 1101044 EXPERIENCE Partner/Appraiser — SH&H Valuation and Consulting (formerly Strickland, Heischman, and Hoss, Tacoma, WA (1996 to present) Owner/Appraiser — Barbro A. Hines and Associates, South Holland, IL (1989-1995) Associate Appraiser — Ralph W. Hines and Associates, South Holland, IL (1986-1989) Page 68 of 112 Q-1 Back to Agenda APPRAISAL EXPERIENCE INCLUDES Agricultural Land Apartments Automobile Dealerships Bank Branches Churches Cold Storage/Food Processing Facilities Conservation Easements Gas Station/C-Stores Hotels/Motels Industrial Properties Mobile Home Parks Offices (Professional and Medical) Residential Restaurants Retail Right -of -Way Schools Storage Complexes Subdivisions Waterfront Properties COMPLETED APPRAISAL ASSIGNMENTS FOR Wells Fargo U.S. Bank KeyBank Union Bank Bank of America Salal Credit Union Timberland Savings Kitsap Bank Umpqua Bank First Citizens Bank Jon E. Cushman, Attorney at Law Laura Weselmann, Attorney at Law Costco Wholesale City of Lakewood Washington Federal City of Tacoma Pacific Crest Trail Association South Sound Bank Washington State Department of Transportation Jefferson County Public Works City of University Place Sawyer Family Partnership University of Washington Universal Field Services Columbia Bank Harborstone Credit Union Washington Department of Natural Resources Puyallup Tribe of Indians Pacific Continental Bank Vashon-Maury Island Land Trust Capitol Land Trust Metropolitan Park District of Tacoma PARTIAL LIST OF WASHINGTON COUNTIES APPRAISED IN Clallam County Cowlitz County Grays Harbor County Jefferson County King County Kitsap County Lewis County Mason County Pacific County Pierce County Skagit County Snohomish County Thurston County Whatcom County Page 69 of 112 Q-2 Back to Agenda SECTION "R" RIGHT OF WAY VACATION EXHIBIT Page 70 of 112 Back to Agenda EXHIBIT PARCEL NO. 4027-034-003-0007 RIGHT OF WAY VACATION THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL `A'; DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID PARCEL `A'; SAID CORNER ALSO BEING ON THE NORTHEASTERLY MARGIN OF BAY STREET; THENCE NORTH 60' 10' 20" WEST ALONG SAID NORTHEASTERLY MARGIN, 4.15 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 29° 49' 40" WEST, 11.00 FEET, THENCE NORTH 60' 10' 20" WEST, 18.20 FEET; THENCE NORTH 29° 49' 40" EAST, 11.00 FEET TO SAID NORTHEASTERLY MARGIN; THENCE SOUTH 60' 10' 20" EAST ALONG SAID NORTHEASTERLY MARGIN, 18.20 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 200 SQUARE FEET, MORE OR LESS. PARCEL "A": (PER CHICAGO TITLE INSURANCE COMPANY ORDER NO. 417031, DATED SEPTEMBER 13, 2021) THE SOUTHEASTERLY 20 FEET OF LOT 3 AND ALL OF LOT 4, BLOCK 34, ANNAPOLIS, ACCORDING TO THE PLAT RECORDED IN VOLUME 1 OF PLATS, PAGE 64, RECORDS OF KITSAP COUNTY, WASHINGTON; TOGETHER WITH VACATED NORTHERLY 25 FEET OF NORTH BAY STREET ADJOINING THEREOF; ALSO TOGETHER WITH THE ABUTTING PORTION OF LOT 3 AND ALL OF LOT 4, BLOCK 34, SIDNEY (NOW PORT ORCHARD TIDELANDS) IN FRONT OF LOT 3 AND LOT 4, BLOCK 34, ANNAPOLIS IN SECTION 25, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON. 10�I3%2021 20-ROW-VACATION.DOCX Page 1 of 1 KPG Page 71 of 112 R-1 Back to Agenda GOV'T LOT 4, SEC. 25, T. 24 N., R. 1 E., W.M. N.T.S. TAX LOT NUMBER 4027-034-002-0008 TAX LOT NUMBER 4027-034-003-0007 ?� cy\ F'r/STNc TAX LOT NUMBER /GyT h RIGHT OF WAY 4027-034-005-0005 O,r�� ^�• o� \AREA = 200 S.F.f QF �Y oo /820 TPOB 4.15' POB \ Bq y \ ST \ 6 o1020,. i \ \ \ DATE: 10/13/2021 FILE: 20.DWG Kph EXHIBIT Interdisciplinary Design 313101hotlAve 12502 Jefferson Ave PARCEL 4027-034-003-0007 Suite400 Tacoma, WA98402 Seame,VVA98121 (253)627.0720 RIGHT OF WAY VACATION (206�286-1640 www,kpg.com Page 72 of 112 R-2 Back to Agenda SECTION "T" TITLE REPORT Page 73 of 112 Back to Agenda LAND TITLE COMPANY OF KITSAP COUNTY LEADERSHIP s TRUST * COMMITMENT Agent for Chicago Title Insurance Company Call/email your title questions to: 9657 Levin Road NW, Suite 100, Silverdale, WA 98383 (360)692-2233 Fax: (360)692-2244 Title Dept: titlesilverdale@landtitleco.net Recording Desk: record in kitsa landtitleco.net Please Remit Payments To: PO Box 2737, Silverdale, WA 98383 Our File No.: E2021-417031 Seller Name: WALTER HUTH and ROBERTA HUTH Buyer Name: TO BE DETERMINED Address Reference: Contacts: City of Port Orchard Attn: Mark Dorsey 1819 Bay St, Port Orchard, WA 98366 Tierra Right of Way Services, Ltd, Attn: Marge R Bailey Phone No.: (253)439-7143 Commitment 2016 Cover Page 8695 Martin Way E, Ste. 203 Lacey, WA 98516� E2021-417031 Page 74 of 112 T-1 Back to Agenda ALTA COMMITMENT FORM COMMITMENT FOR TITLE INSURANCE • Issued By CHICAGO TITLE INSURANCE COMPANY Chicago Title Insurance Company, a Washington corporation ("Company"), for a valuable consideration, commits to iSStie its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate one -hundred -eighty (180) days after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. IN WITNESS WHEREOF, Chicago Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. CHICAGO TITLE INSURANCE COMPANY Land Title Company of Kitsap County �;-„-- - 9657 Levin Road NW, Suite 100, Silverdale, WA r�``........... ... 98383 z-: x •'' S3:Ai:�r T� Kristin Mihulka, Authorized Signatory X17F'S'1 PresA-m �u 4•cwaq Copyright 2006-2009 American Land Title Association. All rights reserved. AMERICAN LAND TITLI ASsorinnoN The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. y. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment Form (06-17-06) E2021-417031 Face Page Page 75 of 112 T-2 Back to Agenda COMMITMENT FOR TITLE INSURANCE Issued By CHICAGO TITLE INSURANCE COMPANY NOTICE IMPORTANT - READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I - Requirements; Schedule B, Part II - Exceptions; and the Commitment Conditions, Chicago Title Insurance Com an , a(n) Washington corporation (the "Company"), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I - Requirements have not been met within one -hundred -eighty (180) days after the Commitment Date, this Commitment terminates and the Company's liability and obligation end. COMMITMENT CONDITIONS 1. DEFINITIONS (a) "Knowledge" or "Known": Actual or imputed knowledge, but not constructive notice imparted by the Public Records. (b) "Land": The land described in Schedule A and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. This page is only a part of a 2016 ALTAQD Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part 1 - Requirements; and Schedule B, Part II - Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 2006 - 2016 American Land Title Association. All rights reserved. �M II :ILL The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association, ALTA Commitment for Title Insurance (08-01-16) E2021-417031 Page 76 of 112 T-3 Back to Agenda COMMITMENT FOR TITLE INSURANCE Issued By CHICAGO TITLE INSURANCE COMPANY (c) "Mortgage": A mortgage, deed of trust, or other security instrument, including one evidenced by electronic - means authorized by law. (d) "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (e) "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. (f) "Proposed Policy Amount": Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (g) "Public Records": Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (h) "Title": The estate or interest described in Schedule A. 2- If all of the Schedule B, Part I - Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company's liability and obligation end. The Company's liability and obligation is limited by and this Commitment is not valid without: (a) the Notice; (b) the Commitment to Issue Policy; (c) the Commitment Conditions; (d) Schedule A; (e) Schedule B, Part I —Requirements; [and] (f) Schedule B, Part II —Exceptions[; and (g) a counter -signature by the Company or its issuing agent that may be in electronic form]. 4. COMPANY'S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY (a) The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense incurred in the interval between the Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured's good faith reliance to: (i) comply with the Schedule B, Part I -Requirements; (ii) eliminate, with the Company's written consent, any Schedule B, Part II - Exceptions; or (iii) acquire the Title or create the Mortgage covered by this Commitment. (b) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part ll - Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 2006 - 2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. i. ALTA Commitment for Title Insurance (08-01-16) E2021-417031 Page 77 of 112 T-4 Back to Agenda COMMITMENT FOR TITLE INSURANCE *W Issued By CHICAGO TITLE INSURANCE COMPANY (c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (d) The Company's liability shall not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (e) The Company shall not be liable for the content of the Transaction Identification Data, if any. (f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I - Requirements have been met to the satisfaction of the Company. (g) In any event, the Company's liability is limited by the terms and provisions of the Policy. 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. (b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. (c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (d) The deletion or modification of any Schedule B, Part II - Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (e) Any amendment or endorsement to this Commitment must be in writing [and authenticated by a person authorized by the Company]. (f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company's only liability will be under the Policy. 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company's agent for the purpose of providing closing or settlement services. 8. PRO -FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro -forma policy illustrating the coverage that the Company may provide. A pro -forma policy neither reflects the status of Title at the time that the pro -forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at htt ://www.alta.or /arbitration. This page is only a part of a 2016 ALTA@ Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part 11- Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 2006 - 2016 American Land Title Association. All rights reserved. tip; C,I, CAN 4+4u•rrrLE The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance (08-01-16) E2021-417031 Page 78 of 112 T-5 Back to Agenda COMMITMENT FOR TITLE INSURANCE Issued By CHICAGO TITLE INSURANCE COMPANY Transaction Identification Data for reference only. Issuing Office: Land Title Company of Kitsap County / WAOIC#23081 / E2021-417031 Underwriter: Chicago Title Insurance Company / NAIC#50229 Escrow Office: City of Port Orchard Property Address: 1819 Bay St, Port Orchard, WA 98366 SCHEDULE A 1. Commitment Date: September 13, 2021 at 8:00 AM 2. Policy to be issued: a. ALTA Homeowners Policy of Title Insurance for 1-4 Family Liability Amount: $10,000.00 Residence (12/02/2013) Premium: $272.00 Proposed Insured: Tax: $24.48 MANGE R. BAILEY, and/or assigns (SEE REQUIREMENTS) Total: $296.48 3. The estate or interest in the Land described or referred to in this Commitment is: A Fee 4. Title to the estate or interest in the Land is at the Commitment Date vested in: WALTER HUTH AND ROBERTA HUTH, AS TRUSTEES OF THE HUTH TRUST, CREATED BY DECLARATION OF TRUST ON JULY 24, 2006 5. The Land is described as follows: SEE EXHIBIT A ATTACHED HERETO This page is only a part of a 2016 ALTA@ Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part 11- Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 2006 - 2016 American Land Title Association. All rights reserved.- The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance (08-01-16) E2021-417031 Schedule A Page 79 of 112 T-6 X1� .� =\ COMMITMENT FOR TITLE INSURANCE Back to Agenda Issued By CHICAGO TITLE INSURANCE COMPANY Transaction Identification Data for reference only. Issuing Office: Land Title Company of Kitsap County / E2021-417031 Escrow Office: City of Port Orchard Property Address: 1819 Bay St, Port Orchard, WA 98366 EXHIBIT A APN(s) located on Assessor's Map: 4027-034-003-0007 The Land is described as follows: THE SOUTHEASTERLY 20 FEET OF LOT 3 AND ALL OF LOT 4, BLOCK 34, ANNAPOLIS, ACCORDING TO THE PLAT RECORDED IN VOLUME 1 OF PLATS, PAGE 64, RECORDS OF KITSAP COUNTY, WASHINGTON; TOGETHER WITH VACATED NORTHERLY 25 FEET OF NORTH BAY STREET ADJOINING THEREOF; ALSO TOGETHER WITH THE ABUTTING PORTION OF LOT 3 AND ALL OF LOT 4, BLOCK 34, SIDNEY (NOW PORT ORCHARD TIDELANDS) IN FRONT OF LOT 3 AND LOT 4, BLOCK 34, ANNAPOLIS IN SECTION 25, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON. This page is only a part of a 2016 ALTA@ Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part 1 - Requirements; and Schedule B, Part 11- Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 2006 - 2016 American Land Title Association. All rights reserved. � AM CRICAN LAND II1,1r The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of At SOCIArJoN the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance (08-01-16) Exhibit A E2021-417031 Page 80 of 112 T-7 Back to Agenda COMMITMENT FOR TITLE INSURANCE Issued By CHICAGO TITLE INSURANCE COMPANY Transaction Identification Data for reference only: Issuing Office: Land Title Company of Kitsap County / E2021-417031 Escrow Office: City of Port Orchard Property Address: 1819 Bay St, Port Orchard, WA 98366 SCHEDULE B, PART I Requirements All of the following Requirements must be met: 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums, fees, and charges for the Policy to the Company. 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 5. Additional requirements and/or exceptions may be added as details of the transaction are disclosed to, or become known by the Company. 6. The legal description in this commitment is based on the information provided with the application and the public records as defined in the policy to issue. The parties to the forthcoming transaction must notify the title insurance company prior to closing if the description does not conform to their expectations. 7. Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities. 8. A copy of the trust agreement must be submitted. Any conveyance or encumbrance of the trust property must be within the authority of the trustee as set forth in the trust agreement: Trust: The Huth Trust, dated July 24, 2006 9. The names of the proposed insured were not furnished in the application for title insurance, and when disclosed will be subject to such matters as may be found by a search of the records against said names. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy, the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 2006 - 2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ? Y, ALTA Commitment for Title Insurance (08-01-16) Schedule B E2021-417031 Page 81 of 112 a. SCHEDULE B Back to Agenda (Continued) 10. The Proposed Policy Amount(s) must be increased to the full value of the estate or interest being insured, and any additional premium must be paid. An Owner's policy should reflect an amount at least equal to the full value of the estate insured without deduction of encumbrances. A Loan policy shall be issued in an amount equal to the amount of the loan unless there is additional collateral reducing the need for coverage. Proposed Policy Amount(s) will be revised and premiums charged consistent therewith when the final amounts are approved. END REQUIREMENTS The following matters will not be listed as Special Exceptions in Schedule B of the forthcoming policy to issue, and there will be no coverage for loss by these matters because they are excluded from coverage by the terms of the policy. NOTE: Notwithstanding anything to the contrary in this Commitment, if the policy to be issued is other than an ALTA Owner's Policy (6/17/06) or ALTA Loan Policy (6/17/06), the policy may not contain an arbitration clause, or the terms of the arbitration clause may be different from those set forth in this Commitment. If the policy does contain an arbitration clause, and the Amount of Insurance is less than the amount, if any, set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. a. NOTE: The following address(es) will appear on our ALTA 22-06 Endorsement, if applicable: 1819 Bay St Port Orchard, WA 98366 b. NOTE: The following information will be required on the first page of all recorded documents per RCW 36.18 AND 65.04 - Document Standardization: Brief Legal: PTN LOT 3 & ALL LOT 4, BLOCK 34, ANNAPOLIS, V/P 1/64 Tax Account No(s).: 4027-034-003-0007 This page is only a part of a 2016 ALTA@ Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy, the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part 11- Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 2006 - 2016 American Land Title Association. All rights reserved. g nMCRIC�Y i{lJ ti 1' I S LE The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of ASSOCIArION the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.. ALTA Commitment for Title Insurance (08-01-16) E2021-417031 Schedule B Page 82 of 112 T-9 SCHEDULE B (Continued) Back to Agenda C. NOTE: Covered Risks 16, 18, 19 and 21 contained in the ALTA Homeowner's Policy Jacket include certain deductibles and maximum dollar limits to coverage. The Covered Risks, the deductibles and our maximum dollar limit of liability are: Your Deductible Amount Our Maximum Dollar Limit Covered Risk 16: 1 % of Policy Amount, or $10,000.00 $2,500 (whichever is less) Covered Risk 18: 1 % of Policy Amount, or $25,000.00 $5,000 (whichever is less) Covered Risk 19: 1 % of Policy Amount, or $25,000.00 $5,000 (whichever is less) Covered Risk 21: 1 % of Policy Amount, or $ 5,000.00 $2,500 (whichever is less) Please contact the Title Department with any questions regarding the above mentioned information. This page is only a part of a 2016 ALTA@ Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part 11 - Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 2006 - 2016 American Land Title Association. All rights reserved. M" LAND -I'll IF The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance (08-01-16) E2021-417031 Schedule B Page 83 of 112 T-10 SCHEDULE B Back to Agenda (Continued) SCHEDULE B, PART II Exceptions THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: GENERAL EXCEPTIONS: A. Rights or claims of parties in possession, or claiming possession, not shown by the Public Records. B. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. C. Easements, prescriptive rights, rights -of -way, liens or encumbrances, or claims thereof, not shown by the Public Records. D. Any lien, or right to a lien, for contributions to employee benefit funds, or for state workers' compensation, or for services, labor, or material heretofore or hereafter furnished, all as imposed by law, and not shown by the Public Records. E. Taxes or special assessments which are not yet payable or which are not shown as existing lien by the Public Records. F. Any lien for service, installation, connection, maintenance, tap, capacity or construction or similar charges for sewer, water, electricity, natural gas or other utilities, or for garbage collection and disposal not shown by the Public Record. G. Unpatented mining claims, and all rights relating thereto. H. Reservations and exceptions in United States Patents or in Acts authorizing the issuance thereof. I. Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. Water rights, claims, or title to water: K. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records, or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. This page is only a part of a 2016 ALTA@ Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 2006 - 2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ; • - ALTA Commitment for Title Insurance (08-01-16) Schedule B E2021-417031 Page 84 of 112 T-11 SCHEDULE B (Continued) Back to Agenda SPECIAL EXCEPTIONS: 1. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I - Requirements are met. 2. Any prohibition or limitation on the use, occupancy or improvements of the land resulting from the rights of the public or riparian owners to use any waters which may cover the land or to use any portion of the land which is now or may formerly have been covered by water, and the right of use, control or regulation by the United States of America in exercise of power over navigation. 3. Any question that may arise as to the location of the lateral boundaries of the tidelands or shorelands described herein. 4. Matters disclosed by Survey recorded August 29, 2011 in Volume 76 of Surveys, page 2 under Auditor's File No. 201108290371. 5. Pendency of County Superior Court: Case No.: 18-2-01617-9 Plaintiff: Kaylan O'Connor Defendant: Walter and Roberta Huth Filed On: June 11, 2018 Attorney for Plaintiff: Scott A. Kalkwarf Action For: Quiet Title 6. Matters disclosed by Survey recorded June 25, 2018 in Volume 86 of Surveys, page 166 under Auditor's File No. 201806250160. 7. Easement, including its terms, covenants and provisions as disclosed by instrument: Recorded: December 27, 2019 Auditor's File No.: 201912270150 For: residence porch and overhang Affects: said premises 8. Terms and conditions of The Huth Trust, created by Declaration of Trust on July 24, 2006, as disclosed by Auditor's File No. 201501290193. 9. No open Mortgages appear of record. Any potential liens known to the Seller, Owner or Proposed Insured, including, but not limited to those that appear on a credit report, must be paid in full or will appear as exceptions to the final title policy. 10. Possible liability for U.L.I.D. in favor of the City of Port Orchard. Please call (360) 876-4991 for more information. This page is only a part of a 2016 ALTA@ Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part 1 - Requirements; and Schedule B, Part ll - Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 2006 - 2016 American Land Title Association. All rights reserved. AM 1:RI(;AN The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of ASSOCIAr ION the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. W.r . . ALTA Commitment for Title Insurance (08-01-16) E2021-417031 Schedule B Page 85 of 112 T-12 SCHEDULE B (Continued) Back to Agenda 11. In the event matters are discovered during the closing process which would otherwise be insured by the Covered Risks included in the policy, the Company may limit or delete insurance provided by the affected Covered Risk. In such event, an endorsement will be issued prior to Closing. 12. The Policy to issue will include the following exception from coverage: Insurance provided by the Covered Risks in the ALTA Homeowner's Policy will not include any loss or damage suffered by the insured resulting from: a. Matters disclosed by Survey recorded August 29, 2011 in Volume 76 of Surveys, page 2 under Auditor's File No. 201108290371. b. Matters disclosed by Survey recorded June 25, 2018 in Volume 86 of Surveys, page 166 under Auditor's File No. 201806250160. 13. General taxes for the second half of 2021, which become delinquent after October 31, 2021, if unpaid: Amount: $1,811.38 Tax Account No.: 4027-034-003-0007 Affects: said premises Levy Code: 0805 Land Value: $121,960.00 Improvement Value: $221,520.00 Total Assessed Value: $343,480.00 NOTE: General taxes for the full year bill in an amount of $3,622.76. 14. Liens of real estate excise sales tax upon any sale of said premises, if unpaid. NOTE: As of January 1, 2020, Washington's state excise tax rate became graduated Please visit their site (https://dor.wa.gov/reet) for a calculator and additional information. END SPECIAL EXCEPTIONS BW/la This page is only a part of a 2016 ALTA@ Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule 8, Part I - Requirements; and Schedule 8, Part II - Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 2006 - 2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance (08-01-16) E2021-417031 Schedule B Page 86 of 112 T-13 FIDELITY NATIONAL FINANCIAL Back to Agenda PRIVACY NOTICE Effective January 1, 2021 Fidelity National Financial, Inc. and its majority -owned subsidiary companies (collectively, "FNF," "our," or "we") respect and are committed to protecting your privacy. This Privacy Notice explains how we collect, use, and protect personal information, when and to whom we disclose such information, and the choices you have about the use and disclosure of that information. A limited number of FNF subsidiaries have their own privacy notices. If a subsidiary has its own privacy notice, the privacy notice will be available on the subsidiary's website and this Privacy Notice does not apply. Collection of Personal Information FNF may collect the following categories of Personal Information: • contact information (e.g., name, address, phone number, email address); • demographic information (e.g., date of birth, gender, marital status); • identity information (e.g. Social Security Number, driver's license, passport, or other government ID number); • financial account information (e.g. loan or bank account information); and • other personal information necessary to provide products or services to you. We may collect Personal Information about you from: • information we receive from you or your agent; • information about your transactions with FNF, our affiliates, or others; and • information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or through others. Collection of Browsinq Information: FNF automatically collects the following types of Browsing Information when you access an FNF website, online service, or application (each an "FNF Website") from your Internet browser, computer, and/or device: • Internet Protocol (IP) address and operating system; • browser version, language, and type; • domain name system requests; and • browsing history on the FNF Website, such as date and time of your visit to the FNF Website and visits to the pages within the FNF Website. Like most websites, our servers automatically log each visitor to the FNF Website and may collect the Browsing Information described above. We use Browsing Information for system administration, troubleshooting, fraud investigation, and to improve our websites. Browsing Information generally does not reveal anything personal about you, though if you have created a user account for an FNF Website and are logged into that account, the FNF Website may be able to link certain browsing activity to your user account. Other Online Specifics: Cookies. When you visit an FNF Website, a "cookie" may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive. Information gathered using cookies helps us improve your user experience. For example, a cookie can help the website load properly or can customize the display page Lased on your browser type and user preferences. You can choose whether or not to accept cookies by changing your Internet browser settings. Be aware that doing so may impair or limit some functionality of the FNF Website. Web Beacons: We use web beacons to determine when and how many times a page has been viewed. This information is used to improve our websites. Do Not Track: Currently our FNF Websites do not respond to "Do Not Track" features enabled through your browser. Links to Other Sites: FNF Websites may contain links to unaffiliated third -party websites. FNF is not responsible for the privacy practices or content of those websites. We recommend that you read the privacy policy of every website you visit. Effective January 1, 2021 Copyright © 2021. Fidelity National Financial, Inc. All Rights Reserved. E2021-417031 Page 87 of 112 T-14 Use of Personal Information: Back to Agenda FNF uses Personal Information for three main purposes: • To provide products and services to you or in connection with a transaction involving you. To improve our products and services. • To communicate with you about our, our affiliates', and others' products and services, jointly or independently. When Information Is Disclosed: We may disclose your Personal Information and Browsing Information in the following circumstances: • to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure; ■ to nonaffiliated service providers who provide or perform services or functions on our behalf and who agree to use the information only to provide such services or functions; • to nonaffiliated third party service providers with whom we perform joint marketing, pursuant to an agreement with them to jointly market financial products or services to you; • to law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order; or • in the good -faith belief that such disclosure is necessary to comply with legal process or applicable laws, or to protect the rights, property, or safety of FNF, its customers, or the public. The law does not require your prior authorization and does not allow you to restrict the disclosures described above. Additionally, we may disclose your information to third parties for whom you have given us authorization or consent to make such disclosure. We do not otherwise share your Personal Information or Browsing Information with nonaffiliated third parties, except as required or permitted by law. We may share your Personal Information with affiliates (other companies owned by FNF) to directly market to you. Please see "Choices with Your Information" to learn how to restrict that sharing. We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of bankruptcy, reorganization, insolvency, receivership, or an assignment for the benefit of creditors. By submitting Personal Information and/or Browsing Information to FNF, you expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings. Security of Your Information: We maintain physical, electronic, and procedural safeguards to protect your Personal Information. Choices With Your Information: If you do not want FNF to share your information among our affiliates to directly market to you, you may send an "opt out" request as directed at the end of this Privacy Notice. We do not share your Personal Information with nonaffiliates for their use to direct market to you without your consent. Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you. For California Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties, except as permitted by California law. For additional information about your California privacy rights, please visit the "Ca!ii link on our website (https://fnf.com/pages/californiaprivacy.aspx) or call (888) 413-1748. For Nevada Residents. You may be placed on our internal Do Not Call List by calling (888) 934-3354 or by contacting us via the information set forth at the end of this Privacy Notice. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email: BCPiNF❑ &a .stale-nv.us. For Oregon Residents_ We will not share your Personal Information or Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. For Vermont Residents: We will not disclose information about your creditworthiness to our affiliates and will not disclose your personal information, financial information, credit report.. or health information to nonaffiliated third parties to market to you, other than as permitted by Vermont law, unless you authorize us to make those disclosures. Effective January 1, 2021 Copyright © 2021. Fidelity National Financial, Inc. All Rights Reserved. E2021-417031 Page 88 of 112 T-15 Information From Children Back to Agenda The FNF Websites are not intended or designed to attract persons under the age of eighteen (18). We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian. International Users FNF's headquarters is located within the United States. If you reside outside the United States and choose to provide Personal Information or Browsing Information to us, please note that we may transfer that information outside of your country of residence. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection, transfer, and use of such information in accordance with this Privacy Notice. FNF Website Services for Morta e Loans Certain FNF companies provide services to mortgage loan servicers, including hosting websites that collect customer information on behalf of mortgage loan servicers (the Service Websites"). The Service Websites may contain links to both this Privacy Notice and the mortgage loan servicer or lender's privacy notice. The sections of this Privacy Notice titled When information is Disclosed, Choices with Your Information, and Accessing and Correcting Information do not apply to the Service Websites. The mortgage loan servicer or lender's privacy notice governs use, disclosure, and access to your Personal Information. FNF does not share Personal Information collected through the Service Websites, except as required or authorized by contract with the mortgage loan servicer or lender, or as required by law or in the good -faith belief that such disclosure is necessary: to comply with a legal process or applicable law, to enforce this Privacy Notice, or to protect the rights, property, or safety of FNF or the public. Your Consent To This Privacy Notice; Notice Changes; Use of Comments or Feedback By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information in accordance with this Privacy Notice. We may change this Privacy Notice at any time. The Privacy Notice's effective date will show the last date changes were made. If you provide information to us following any change of the Privacy Notice, that signifies your assent to and acceptance of the changes to the Privacy Notice. Accessing and Correctinq Information-, Contact Us If you have questions, would like to correct your Personal Information, or want to opt -out of information sharing for affiliate marketing, visit FNF's Opt Out Pack or contact us by phone at (888) 934-3354, or by mail to: Fidelity National Financial, Inc. 601 Riverside Avenue, Jacksonville, Florida 32204 Attn: Chief Privacy Officer Effective January 1, 2021 Copyright © 2021. Fidelity National Financial, Inc. All Rights Reserved. E2021-417031 Page 89 of 112 T-16 Back to Agenda COURTHOUSE HOURS OF OPERATION ASSESSOR — Monday -Thursday: 9:00am-4:30pm Friday: 9:00am-12pm AUDITOR -- Monday -Thursday: 9:00am-4:30pm Friday: 9:00am-12pm TREASURER — Monday -Thursday: 9:00am-4:30pm, eRecording cut-off at 4:00pm Friday: 9:00am-12pm, eRecording cut-off at 11:30am Kitsap County Auditor Recording Fees Effective: July 26, 2021 Document: Real Estate and Miscellaneous - First Page Each Additional Page Document: Deed of Trust - First Page Each Additional Page Please visit the Kitsap County Auditor's Home Page for more information regarding requirements and fees: www.kitsapgov.com Land Title Company and Kitsap Courthouse Holiday Schedule New Year's Day Martin Luther King, Jr. Day President's Day Memorial Day Independence Day Independence Day (observed) Labor Day Columbus Day - OPEN * see below Veterans' Day Thanksgiving Day Day After Thanksgiving - CLOSED ** see below Christmas Day (observed) Christmas Day New Years' Day (observed) $203.50 $1.00 $204.50 $1.00 January 1, 2021 January 18, 2021 February 15, 2021 May 31, 2021 July 4, 2021 July 5, 2021 September 6, 2021 October 11, 2021 November 11, 2021 November 25, 2021 November 26, 2021 December 24, 2021 December 25, 2021 December 31, 2021 *Columbus Day Land Title AND Kitsap/Mason County Courthouses OPEN regular hours **Day After Thanksgiving Land Title AND Kitsap/Mason County Courthouses CLOSED Page 90 of 112 T-17 6/15/2020 Assessor Map Full - GeoAdvantage by Sentry Dynamics Back to Agenda 3 2 _ - ; 7 oa 2 �QA QO 2 3 9 E e �QQ 10 zk G 0 V ERNMEN PA TENTED 10, VOL UME 1, P ;—______ Y___---- o+ 001-01 j of o f I j I I ',,ram -. �- �� O �{ - .4 i o I� • I 2 f � 2/a100 I,,• / Q I, t�T , I t 0 1� �� ,� I l I / l � � o ro/,r1 I `2/ I-J 3/ ; / 5 '� O QQ/ A Q a - or• 007-04 TM 007-01 r 007-00 007-11 026-00 2a 2~ 027-00 -=" ads 2-7_` ; 2938028-OD 2021-00 7 E 1a �' .� />.Q�g � it 17 Jo J3- �= l 6-f 145 This map/plat is being furnished as an aid in locating the herein described land in relation to adjoining streets, natural boundaries and other land, and is not a survey of the land depicted. Except to the extent a policy of title insurance is expressly �LAND TITLE COMPANYi-i modified by endorsement, if any, the company does not insure dimensions, t"014WIF-77IFF-toMwn-vc.T distances, location of easements, acreage or other matters shown thereon. 96S7 t ev�ln Rd NW, SuUe ] 00 - S11ve,dakr , WA 96393 Phnom 360.692.2233 er 800.9SU4321 - FaW 360.69222M AV� 27 Page 91 of 112 https://clients.sentrydynamics. net/AssrMap/Full?parcelid=40270340030007&cnty=WA-Kitsap 1 /1 T-18 Back to Agenda JOISH&H VALUATION AND CONSULTING 3609 Market Place W, Suite 201, University Place, WA 98466 p.253.564.3230 1 f. 253.564.3143 Page 92 of 112 ORDINkNCE NO. Back to Agenda ORDINANCE RELATING TO AND PROVIDING FOR THE ANNEXATION OF TERRITORY TO THE CITY OF PORT OR C; HARD. WH3ERrAS, the owners of more than seveaty-five per cent of the real property hereinafter described, according to the assessed valuation for general taxation, have petitioned the Council of the City of Port Orchard that said territory be annexed to and become a part Of the City of Part Orchard; and WHEREAS, the Board of ]'ev .ew, as required by Hasa, has baz,n convened and: has made the determination that it is in favor of the an -vexation of the area hereinafter described; and .44E?£AS, the City Council dice .fix Monday, Hearth 2S, 19639 at the hour of 7:30 p.m., for hearing on said petition and the Clerk of the City of Port Orchard did give notice of said hearing in the wanner provided by law; and 14HEREAS9 the City Council, in a regularly scheduled meeting on the 25th day of March, 1963, did hold a hearing on the said petition and unanimously approved the same; NoW s THEREFORE, be it, and it hereby is, ordained *y the Council of the City of Port Orchard, as follows: SECTIOIN I. That the following described territory contiguous to the City of Pcrt Orchard be, and the same hereby is, annexed to the City of Fort Orchard and from and after the effect,&ve date of thi3 ordinance, shall be and become a part of the City of Port Orchard, subject to all of the laws and ordinances thereof, the said territory being more particularly described as follows: A portion of tie Plat of Annapolis and Sidney tidelands described as follows: Beginning at the HE corner cNf Block 18 of the Plat of Annapolis, said point being on t e present city limits of Port Orchard; thence northerly across Chester Street to the S£ corner of Block 27 of said plat; thence :Ely along the SEly margin of Said 310c: 27 to the N£ corner of said block; thence Sadly along the Sly maroon of said block and continuing Nally ACROSS Tracy Page 93 of 112 Ave, to tneSly Block 29 of said plat; thence NEly along said margin produced and along said block margin an: Backto Agenda continuing across N. Say St. to the SE corner Block 34 of said plat; thence NEly along the SEly margin of said block to the NE corner thereof; thence N 4*151 Test to the inner harbor line in Sinclair Inlet; thence Wly along said inner harbor line to an intersection with the Ely line of Block 22 of Sidney Tidelands; thence Sly along said block line to an intersection with the Sly margin of Chester St; thence Sily along the Sly margin of Chester St. which is the present city limits of Port Orchard to point of beginning. SECTION II. This ordinance shall be in full force and effect immediately upon publication thereof. PASSED UPIATJIMOUSLY by the Council of the City of ?ort Orchard meeting, in regular session on the 25th day of !arch, 1963. CITY OF PORT ORCHARD ATTESTcity APPROVED AS To rORM: i/7rr�.� City Attorney .."�`�. Mayor Page 94 of 112 �~9 �' 3r� 4 INYI A ra A _ City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7B Subject: Approval of the 2022 Comprehensive Plan Amendment Docket Back to Agenda Meeting Date: March 8, 2022 Prepared by: Nicholas Bond, AICP DCD Director Atty Routing No.: N/A Atty Review Date: N/A Issue: Pursuant to the Comprehensive Plan amendment regulations in Port Orchard Municipal Code Section (POMC) 20.04, the Community Development Director has compiled a recommended Comprehensive Plan amendment docket, based on a preliminary evaluation of the need, urgency, and appropriateness of the suggested amendments, as well as the staff and budget availability to accommodate the public review process. Comprehensive plan amendment applications were required to be completed and submitted to the Community Development Department by 4:00 pm on January 31, 2022, to be considered during this year's amendment process. The Department initiated applications for a set of text amendments consistent with POMC 20.04.050(1). The Director recommends that the submitted amendments be included on the 2022 Comprehensive Plan docket: City -Initiated Text Amendment Package • Capital Facilities Element. Adopt the 2020 Amendment to the Water System Plan • Parks Element. Update the Parks Element and adopt the Parks, Recreation and Open Space Plan by reference. • Transportation Improvement Program (TIP). Updates to the 6-year and 20-year TIP which generally includes prioritizing projects, adjusting budgets and the inclusion of a TIB-funded complete street grant project into the 6-year TIP. Recommendation: Staff recommends that the City Council vote to approve the 2022 Comprehensive Plan amendment docket pursuant to POMC 20.04.060, as presented. Relationship to Comprehensive Plan: Adopting the annual docket is the first step towards amending the comprehensive plan. Page 95 of 112 Back to Agenda OLaI I report 713 Page 2 of 2 Motion for consideration: "I move to approve the 2022 Comprehensive Plan amendment agenda pursuant to POMC 20.04.060, as presented." Fiscal Impact: This proposal is not expected to impact the City's budget. Alternatives: Revise the proposed 2022 Comprehensive Plan agenda; or, do not consider any Comprehensive Plan amendments in 2022. Attachments: The 2020 Comprehensive Plan Docket Page 96 of 112 Back to Agenda 2022 Comprehensive Plan Update — Preliminary Docket Pursuant to Port Orchard Municipal Code Section (POMC) 20.04.050, the City's Community Development Director has initiated the process for the 2022 annual amendments to the Port Orchard Comprehensive Plan. The City prepared applications for three text amendments prior to the January 31, 2022 deadline. In compliance with POMC 20.04.060(3), the Director is required to compile and maintain for public review a recommended final comprehensive plan amendment agenda (docket). The Director has based the docket recommendations on a preliminary evaluation of the need, urgency, and appropriateness of the suggested comprehensive plan amendments, as well as the staff and budget availability to accommodate the public review process. The following preliminary docket is provided for the 2022 update to the Port Orchard Comprehensive Plan: Comprehensive Plan Amendments for Consideration in 2022: City -Initiated Text Amendment Package • Capital Facilities Element. Adopt the 2020 Amendment to the Water System Plan. • Parks Element. Update the Parks Element and adopt the Parks, Recreation and Open Space Plan by reference. • Transportation Improvement Program (TIP). Updates to the 6-year and 20-year TIP which generally includes prioritizing projects, adjusting budgets and the inclusion of a TIB-funded complete street grant project into the 6-year TIP. Review Process: The final comprehensive plan amendment agenda shall be determined by the City Council no later than April 30, 2022. When the final agenda is approved, a public notice and comment period will be provided in compliance with the Type V (legislative) permit process requirements in POMC 20.22.070 and 20.25.040. A public hearing will also be held per POMC 20.22.070(2), and a notice of the hearing will be issued in compliance with POMC 20.25.050. The Planning Commission shall make its recommendations regarding the proposed comprehensive plan amendments to the City Council no later than June 30, 2022. The City Council shall make a final decision on each proposed amendment by December 15, 2022. A summary of each amendment application is available for review on the City's website at: https://www.cityofportorchard.us/2022-comprehensive-plan-amendment/ Comments regarding the 2022 update to the City's Comprehensive Plan should be mailed to the City of Port Orchard, Community Development Department, 720 Prospect Street, Port Orchard, WA 98366, planning@cityofportorchard.us. For more information, email or call 360 874-5533. Page 97 of 112 Agenda Item No. City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Business Item 7C Agenda Staff Report Subject: Approval of Amendment No. 1 to Contract No. 001-22 with Murraysmith, Inc., for the 2022 On -Call/ Modeling Update Services Back to Agenda Meeting Date: March 8, 2022 Prepared by: Mark Dorsey, P.E. Public Works Director Atty Routing No. Atty Review Date 366922-0013 - Water March 3, 2022 Summary: Due to the limitations of in-house staff, the City utilizes the services of a qualified engineering firm to perform on-call/modeling services for the City's Water Systems and associated projects and solicits for qualified firms on a regular basis to ensure a competitive rate for these services. Following a full procurement process, on January 11, 2022, the Port Orchard City Council approved Contract No. C001-22 with selected, qualified consultant Murraysmith, Inc. for 2022 On-Call/Modeling Update Services for the City's Water Systems. Additional projects that require funding that exceeds the original contract rate is anticipated for 2022 On -Call Services. Accordingly, this proposed amendment will increase the total cost of Contract No. C001-22 by $100,000.00. Relationship to Comprehensive Plan: Chapter 7 — Utilities. Recommendation: Staff recommends that the City Council authorize the Mayor to execute Amendment No. 1 to Contract No. C001-22 with Murraysmith, Inc. for 2022 On-Call/Modeling Update Services for the City's Water Systems, thereby increasing the budget authority in the amount of $100,000.00, for a total amended contract amount of $180,000.00. Motion for Consideration: I move to authorize the Mayor to execute Amendment No. 1 to Contract No. C001-22 with Murraysmith, Inc. for 2022 On-Call/Modeling Update Services for the City's Water Systems, thereby increasing the budget authority in the amount of $100,000.00, for a total amended contract amount of $180,000.00. Fiscal Impact: Water On -Call Services are a Task within the approved 2021-2022 Biennial Budget. A Budget Amendment will be required. Alternatives: None. Attachments: Amendment No. 1 and Authorization for Amendment No. 1. Page 98 of 112 Rinrrlr fn Annnrl!a CITY OF PORT ORCHARD Authorization for Amendment No. 1 Date: March 8, 2022 Contractor: Murraysmith, Inc 2022 On-Call/Modeling Update Services for the City's Water 600 University Street, Suite 300, Project: Systems Seattle, WA 98101 Contract / Job # C001-22 This amendment increases the contract "NOT TO EXCEED" amount by $100,000 from a total of $80,000 to a new total of $180,000, and modifies the contract to include On -Call Engineering tasks of updating the hydraulic analyses in the Water System Plan and engineering review of the McCormick 660 zone storage facility and booster station. Contract History Amount Sales Tax Total Date Appvd by Original Contract $80,000.00 $0.00 $80,000.00 08-Feb-22 Council Amendment 1 $100,000.00 $0.00 $100,000.00 08-Mar-22 Council Total Contract $180,000.00 $0.00 $180,000.00 I have reviewed the Change Order information above and certify that to the best of my knowledge descriptions and costs are true and accurate. Contractor Approval Signature Printed Name & Title Public Works Director/City Engineer MARK R. DORSEY, P.E. Printed Name Change Orders that do not exceed 10%, with a maximum of $50,000, of either legally authorized budget limit or contract Approved: amount established by City Council can be approved by the Public Works Director. Change Orders that do not exceed 10%, with a maximum of Attest: $100,000, of either legally authorized budget limit or contract amount established by City Council are to be approved by the Mayor. Change Orders over $100,000 or exceed a total of 10% require Council Action. Mayor City Clerk Council Approval Date ment #1 - Contract Authorization Murray Smith.doc Page 1 Q--- 00 -f 'I I) Back to Agenda Amendment No. 1 to Contract No. C001-22 CITY OF PORT ORCHARD AGREEMENT WITH Murraysmith, Inc THIS FIRST AMENDMENT to Contract No. C001-22 ("Amendment") is made effective as of the 8 t h day of March 2022, by and between the City of Port Orchard ("City), a municipal corporation, organized under the laws of the State of Washington, and Murraysmith, Inc. ("Consultant"), a corporation organized under the laws of the State of Washington, located and doing business at 600 University Street, Suite 300, Seattle, WA 98101. WHEREAS, on the 11th day of January 2022, the City executed an Agreement for the 2022 On- Call/Modeling Update Services for the City's Water Systems with Murraysmith, Inc. ("Underlying Agreement"); and WHEREAS, the City has identified additional services consistent with the scope of the underlying agreement for on -call services for On -Call Hydraulic Analyses and Modeling and new infrastructure review, that will exceed the current contract amount; and WHEREAS, Section 113 of the underlying Agreement provides that the City may from time to time require changes or modifications in the Scope of Work, and such changes, including any decrease or increase in the amount of compensation, shall be agreed to be the parties and incorporated in written amendments to the Agreement; and WHEREAS, the Consultant and the City have conferred and agreed to modify the underlying agreement; and WHEREAS, Section 3 of the Underlying Agreement provides that compensation for these services shall not exceed $80,000.00 without written authorization and will be based on the list of hourly billing rates and reimbursable expenses set forth in Exhibit 6 attached thereto; and WHEREAS, the Consultant and the City have conferred and agreed to increasing the amount of the contract from $80,000 to $180,000; and WHEREAS, the parties wish to memorialize their agreement and so extend the Underlying Agreement; NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between the parties thereto as follows: 1. The Underlying Agreement between the parties, incorporated by this reference as if herein set forth, is amended in, but only in, the following respect: A. Amended Section 3.- Payment. Compensation under this Agreement will be on a "time and materials, not to exceed" basis, based on the fees included for each approved task assignment, provided total compensation for these services shall not exceed One Hundred and Eighty Thousand Page 100 of 112 Back to Agenda Dollars ($180,000.00) (inclusive of all compensation paid after execution of the Agreement but prior to this Amendment), without written authorization, and will be based on the list of hourly billing rates and reimbursable expenses set forth in Exhibit B, attached hereto and incorporated herein by this reference. In all other respects, the Underlying Agreement between the parties shall remain in full force and effect, amended as set forth herein, but only as set forth herein. IN WITNESS WHEREOF, the parties have executed this Amendment on the day and year set forth above. CITY OF PORT ORCHARD, WASHINGTON Murraysmith, Inc Rob Putaansuu Mayor ATTEST/AUTHENTICATED: Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: Charlotte Archer, City Attorney Erika Schuyler, PE, PMP Regional Manager Page 101 of 112 Back to Agenda City of Port Orchard Council Meeting Minutes Work Study Session Meeting of February 15, 2022 CALL TO ORDER AND ROLL CALL Mayor Putaansuu called the meeting to order at 6:30 p.m. Roll call was taken by the City Clerk as follows: Mayor Pro-Tem Lucarelli Councilmember Chang Councilmember Clauson Councilmember Cucciardi Councilmember Diener Councilmember Trenary Councilmember Rosapepe Mayor Putaansuu Present via Remote Access Present via Remote Access Absent Present via Remote Access Present via Remote Access Present via Remote Access Present via Remote Access Present via Remote Access Staff present via remote access: Community Development Director Bond, Finance Director Crocker, HR Manager Lund, Police Chief Brown, City Clerk Wallace, and Deputy City Clerk Floyd. The meeting also streamed live on YouTube. Pledge of Allegiance Mayor Putaansuu led the audience and Council in the Pledge of Allegiance. DISCUSSION ITEMS Mayor Putaansuu gave a brief summary of current COVID-19 numbers and office staff. 1. Proposed 2022 Comprehensive Plan Amendment Docket Community Development Director Bond said every year the City advertises that the window for submitting an application to amend the comprehensive plan is open. This year, we received no applications from the public, but we did file City initiated amendments that are relatively straightforward. The first item is amending the capital facilities element to adopt the 2020 amendment to the Water System Plan. We are also going to adopt the parks plan by reference into the comprehensive plan. That will allow us to adjust our park impact fees in accordance with the recommendations of the Parks Plan. Finally, every year we adjust our transportation improvement program [TIP]. There is a Page 102 of 112 Back to Agenda Minutes of February 15, 2022 Page 2 of 4 6- and 20-year TIP that highlight's the items that are proposed for revision. This is still a preliminary 6- and 20-year TIP and may still need to be refined. The intent is to bring forward this docket so the Council can adopt the Comprehensive Plan Docket which then refers these items to the Planning Commission for their study, review, public hearing and recommendation. It would then come back before Council likely in May or June. Additional discussion was held regarding posting to website, next steps, and end date of the TIP. Council Direction: No direction given to staff. 2. KRCC CPP Population Growth Targets Community Development Director Bond said it is time in our eight -year comprehensive plan update cycle where the Kitsap Regional Coordinating [KRCC] is meeting and we are starting to set population targets for all the cities and counties as we move forward with our 2024 comprehensive plan updates. Previously, he presented information on the PSRC [Puget Sound Regional Council] Vision 2050 to the Council, as well as information on the county -wide planning policies, which we ratified last year. Once again, we are going to be amending the county -wide planning policies to adopt the new 2020 to 2044 population and employment growth targets. There are a couple things guiding the target setting process, most importantly Vision 2050 which includes a regional growth strategy. All the cities in the unincorporated urban counties as well as rural areas, are all broken down into regional geography categories as well as by county. For Kitsap County, 34% of growth is being directed to Bremerton, which is our metro city, as well as Bremerton's urban growth area. 16% is being directed to core cities, which in Kitsap County is only the Silverdale area. High -capacity transit communities are supposed to plan for 36% of the County's project growth for 34,000 people. There are no cities and towns categories in Kitsap County and urban unincorporated which is just the central Kitsap urban growth area. 6%, and 8% growth is supposed to go to these rural areas. There are four different areas that make up the regional geography for high -capacity transit communities and negotiations on how to divide up our share of our growth is underway. We are anticipating on making a recommendation to the KRCC board in March or April. Once adoption occurs, then ratification of those targets has to take place. We will then know what amount of growth we are required to plan for under the PSRC framework. There is still the issue of forecasting through the Office of Financial Management which is a separate process. Additional discussion was held regarding the high -capacity transit communities and suggestion of an allocation of around 10,000 people for the City of Port Orchard, concerns related to population forecasting, ability to apply for transportation funding, comprehensive plan requirements, Bainbridge Island concerns, ratification involving 3 or 4 cities, not having all cities represented, city capacities, and penalties. Council Direction: Staff to move forward with the numbers as presented. Page 103 of 112 Back to Agenda Minutes of February 15, 2022 Page 3 of 4 3. McCormick Water CFC Credit Agreement Community Development Director Bond explained there will be a total of three agreements, but only one of the agreements is drafted in a presentable form. McCormick Communities has approached the City seeking a water CFC credit agreement. They are proposing to build five water system improvements for the City, at a total cost of around 11.8 million, based on our adopted cost estimates. They would like a credit against their CFC, which would amount to around six -thousand dollars per home that they build. They have agreed to build within a five-year timeframe. McCormick Communities is also looking to amend two existing development agreements to extend the term of their entitlements at McCormick West and McCormick Woods. We are also cleaning up some of the vesting language. We are looking at April as possible adoption of the credit and development agreements. Additional discussion was held regarding water reservoirs, infrastructure costs, support of the agreement, staff capacity, timeframe of the agreement, and more options for bringing water to the City. Council Direction: No direction was given to staff. 4. 2021-2022 Budget Amendment Finance Director Crocker noted the budget amendments that are being proposed consist of increasing, reducing, and eliminating transfers within the City's Current Expense Fund, City Street Fund, Criminal Justice Fund, Real Estate Excise Tax Fund, Street Capital Projects, Water Capital Fund, Storm Drainage Capital Fund and Sewer Capital Fund. Also, adding two full-time Patrol Officer positions. Mayor Putaansuu said the public works department is at capacity, so they are proposing to hire an an inspector. This will allow the current employees to focus back on their main job duties. Additional discussion was held regarding ballistic helmets for the police department, Bay Street Pedestrian Pathway project and right-of-way services, and growth trends. Council Direction: No direction was given to staff. S. Hiring Incentives Discussion HR Manager Lund reported there were two proposals brought before the Finance Committee regarding hiring incentives for lateral police officers and current employees. The first proposal is a hiring rate incentive for lateral police officers. A cash payment upon hire; half upon hire, and the other half upon completion of probation. The police chief initially proposed a Page 104 of 112 Back to Agenda Minutes of February 15, 2022 Page 4 of 4 $5,000 cash payment and the Finance Committee discussed a $10,000 cash payment to match Bremerton. In addition, authority to credit lateral police officers with a balance of vacation and sick leave upon hire. The second proposal is regarding current employees with a cash incentive to help bring qualified applicants to the City as an applicant that potentially becomes hired. This is proposed as a $1,000 cash payment: $500 upon hire, and $500 upon completion of probation. Additional discussion was held regarding who would not be eligible, low applicant pool, discussion during the Finance Committee, incentive amounts, what incentives other jurisdictions are utilizing, staffing levels, hard to fill positions and timeframe of the incentives. Council Direction: Staff to move forward with $15,000 lateral police officer and $1,000 current employee incentives. The lateral police officer incentive will be $5,000 upon hire and $10,000 upon completion of probation. The current employee incentive will be $500 upon hire, and $500 upon completion of probation. 6. Retreat Topics Mayor Putaansuu noted some of the retreat topic suggestions include police staffing needs, growth and staff, homelessness, and paving. Discussions were held regarding utility taxes as a revenue source, sales tax measure, parks and recreation levy, setting priorities to drive the next budget process, event obstacles and city event priorities, communications, and meeting in -person for Council meetings and meeting attendance. Council Direction: No direction was given to staff. GOOD OF THE ORDER There was no good of the order. ADJOURNMENT The meeting adjourned at 7:53 p.m. No other action was taken. Audio/Visual was successful. Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 105 of 112 Back to Agenda City of Port Orchard Council Meeting Minutes Regular Meeting of February 22, 2022 1. CALL TO ORDER AND ROLL CALL Mayor Putaansuu called the meeting to order at 6:30 p.m. Roll call was taken by the City Clerk as follows: Mayor Pro-Tem Lucarelli Councilmember Chang Councilmember Clauson Councilmember Cucciardi Councilmember Diener Councilmember Trenary Councilmember Rosapepe Mayor Putaansuu Present via Remote Access Present via Remote Access Present via Remote Access Absent Absent Present via Remote Access Present via Remote Access Present via Remote Access Staff present via remote access: Public Works Director Dorsey, HR Manager Lund, Finance Director Crocker, Police Chief Brown, Community Development Director Bond, City Attorney Archer, City Clerk Wallace and Deputy City Clerk Floyd. The meeting also streamed live on YouTube. A. PLEDGE OF ALLEGIANCE Mayor Putaansuu led the audience and Council in the Pledge of Allegiance. 2. APPROVAL OF AGENDA MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, to add the excusal of Councilmember Diener due to business reasons. The motion carried. MOTION: By Councilmember Rosapepe, seconded by Councilmember Clauson, to approve the amended agenda. The motion carried. K311111111[s]111t"►F-SK91IVAIkvA14►111&1 Page 106 of 112 Back to Agenda Minutes of February 22, 2022 Paee 2 of 7 There were no citizen comments. 4. CONSENT AGENDA A. Approval of Voucher Nos. 83584 through 83622 and 83630 through 83672 including bank drafts in the amount of $225,035.59 and EFT's in the amount of $107,444.73 totaling $332,480.32. B. Approval of Payroll Check Nos. 83623 through 83629 including bank drafts and EFT's in the amount of $219,544.39 and Direct Deposits in the amount of $204, 381.22 totaling $423,925.61. C. Adoption of an Ordinance Amending Port Orchard Municipal Code Section 5.56.110 for Taxicabs (Ordinance No. 006-22) D. Adoption of a Resolution Declaring Certain Equipment as Surplus and Authorizing its Disposition (Resolution No. 023-22) E. Excusal of Councilmember Cucciardi Due to a Personal Obligation F. New Item: Excusal of Councilmember Diener Due to Business Reasons MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, to approve the consent agenda as amended. The motion carried. I411111111111014*14iaLAI[Q L1l There were no presentations. 6. PUBLIC HEARING There were no public hearings. 7. BUSINESS ITEMS A. Adoption of an Ordinance Amending the 2021-2022 Biennial Budget and Exhibit A Salary Table MOTION: By Councilmember Clauson, seconded by Councilmember Rosapepe, to adopt an ordinance, amending the 2021-2022 Biennial Budget including Exhibit A, as adopted by Ordinance No. 035-20, and as amended. The motion carried. (Ordinance No. 007-22) B. Adoption of an Ordinance Authorizing Position of Project Coordinator/Inspector MOTION: By Councilmember Rosapepe seconded by Councilmember Clauson, to adopt an ordinance authorizing the creation of a new position titled Project Coordinator/Inspector and establishing Page 107 of 112 Back to Agenda Minutes of February 22, 2022 PaRe3of7 general qualifications and duties and authorizing the Mayor to develop the job description consistent with the Ordinance. The motion carried. (Ordinance No. 008-22) C. Adoption of an Ordinance Approving a Contract with Kitsap County Department of Human Resources-CDBG Program for the Lippert Avenue Sidewalk Retrofit Project MOTION: By Councilmember Clauson, seconded by Councilmember Rosapepe, to adopt Ordinance No. 004-22, authorizing the Mayor to execute Contract No. C034-22 (CDBG No. KC-CFDA #14.218) with the Kitsap County Department of Human Services for the Lippert Avenue Sidewalk Retrofit Project in the grant amount of $254,350. The motion carried. (Ordinance No. 004-22) D. Adoption of a Resolution Granting an Easement to the City of Bremerton for the McCormick Village Park Water Facilities MOTION: By Councilmember Lucarelli, seconded by Councilmember Chang, to adopt Resolution No. 019-22, 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 owned property The motion carried. (Resolution No. 019-22) E. Adoption of a Resolution Approving a Contract with Murraysmith, Inc. for the 2023 General Sewer Plan Update for the City's Sanitary Sewer System and Documenting Procurement Procedures MOTION: By Councilmember Chang, seconded by Councilmember Lucarelli, to adopt Resolution No. 011-22, authorizing the Mayor to execute Contract No. CO29-22 with Murraysmith, Inc. in the amount of $117,272 for the 2023 General Sewer Plan Update for the City's Sanitary Sewer System and documenting procurement procedures. The motion carried. F. Adoption of a Resolution Establishing a Referral Incentive Program for Current Staff Members MOTION: By Councilmember Rosapepe, seconded by Councilmember Trenary, to adopt a Resolution establishing a referral incentive program for City staff. Page 108 of 112 Back to Agenda Minutes of February 22, 2022 Page 4 of 7 The motion carried. (Resolution No. 024-22) G. Adoption of a Resolution Renaming and Designating the Active Club T-Ball Field to Honor the Late Richard "Dick" Lyle Taute, Sr. MOTION: By Councilmember Clauson, seconded by Councilmember Trenary, to adopt a resolution, naming and designating the Little League T-ball field behind the Active Club to adjacent to the Art Mikelsen Memorial Field, as the "Dick Taute Memorial Field. The motion carried. (Resolution No. 025-22) H. Adoption of a Resolution Adopting Operating Policies and Procedures for Managing City Records MOTION: By Councilmember Chang, seconded by Councilmember Rosapepe, to adopt a resolution adopting operating policies and procedures for managing City records, as presented. The motion carried. (Resolution No. 026-22) I. Adoption of Resolution Granting Final Plat Approval for McCormick West Division 11 MOTION: By Councilmember Clauson, seconded by Councilmember Rosapepe, to adopt a resolution, as presented, granting final plat approval for McCormick West, Division 11. The motion carried. (Resolution No. 027-22) J. Approval of Amendment No. 6 to Contract No. 054-18 with RH2 Engineering, Inc. for the Marina Pump Station Rebuild Project MOTION: By Councilmember Lucarelli, seconded by Councilmember Clauson, to authorize the Mayor to execute Amendment #6 to Contract No. C054-18 with RH2 Engineering, Inc. for the Marina Pump Station Rebuild Project in the amount of $679,020, thereby bringing the Total Contract Amount to $1, 669, 918. The motion carried. K. Approval of a Memorandum of Understanding with the Police Guild Representing Patrol Officers Regarding a Recruitment Incentive Program for Lateral Peace Officers Page 109 of 112 Back to Agenda Minutes of February 22, 2022 PaRe5of7 MOTION: By Councilmember Rosapepe, seconded by Councilmember Trenary, to authorize the mayor to sign a Memorandum of Understanding with the Police Guild representing Patrol Officers pertaining a hiring incentive program for qualified lateral peace officer candidates. The motion carried. (MOU No. 9 to Contract No. 046-19) L. Approval of an Agreement with Kitsap Homes of Compassion for Affordable Housing Funding MOTION: By Councilmember Chang, seconded by Councilmember Clauson, to authorize the Mayor to execute an agreement with Kitsap Homes of Compassion for the use of SHB 1406 funding in the amount of $43,200 for affordable housing. The motion carried. (Contract No. 039-22) M. Approval of an Agreement with Housing Kitsap for Affordable Housing Funding MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, to authorize the Mayor to execute an agreement with Housing Kitsap for the use of SHB 1406 funding in the amount of $41,700 for affordable housing. Councilmember Chang voiced his concerns with how the funds are being used and said he will be voting no. The motion passed. Councilmember Chang voted no. (Contract No. 040-22) N. Approval of the February 8, 2022, City Council Meeting Minutes MOTION: By Councilmember Clauson, seconded by Councilmember Trenary, to approve the council meeting minutes of the February 8, 2022, meeting. The motion carried. Councilmember Lucarelli abstained. 8. DISCUSSION ITEMS (No Action to be Taken) A. Continued: Veterans Park City Attorney Archer gave an update on the park which included a continued expectation letter to the County, RV located at the south end, Agape Unlimited, trash and debris, County interviews for the service coordinator position, and law enforcement incidents at the park. Page 110 of 112 Back to Agenda Minutes of February 22, 2022 Page 6 of 7 Additional discussion was held regarding the health district, trash and debris, government entities abiding by the same rules as citizens, no viable schedule from the county and lack of county resources, involvement of City staff, human waste, rodent infestation, and code enforcement actions. Council Direction: No direction was given to staff. 9. REPORTS OF COUNCIL COMMITTEES Councilmember Lucarelli reported on the February 161" Utilities Committee meeting. The next meeting is scheduled for April 121". She reported on the February 22nd Festival of Chimes and Lights Committee meeting. The next meeting is scheduled for March 215t. She reported on the February 16t" Sewer Advisory Committee meeting. The next meeting is scheduled for May 18tn Councilmember Clauson reported on the February 151" Finance Committee meeting. A brief discussion was held regarding the Community Events Center and seawall. Councilmember Chang reported on the February 14t" Economic Development and Tourism Committee meeting. He reported on the February 22nd Transportation Committee meeting and the February 16t" Land Use Committee meeting. Councilmember Clauson reported Bek Ashby has been confirmed to the Peninsula Regional Transportation Planning Organization. 10. REPORT OF MAYOR The Mayor reported on the following: • Kitsap Public Health Board meeting; • March 111" Council Retreat; • City Attorney to research transportation package; • In accordance with Ordinance 008-20 'Delegating Authority to the Mayor for Creating and Modification of Job Descriptions', he reported on updated job descriptions; and • COVID updates; 11. REPORT OF DEPARTMENT HEADS Finance Director Crocker reported a new finance employee will start on March 91" 12. CITIZEN COMMENTS There were no citizen comments. Page 111 of 112 Back to Agenda Minutes of February 22, 2022 Page 7 of 7 13. GOOD OF THE ORDER Councilmember Chang reported on an open severe weather shelter opening and point in time homeless count. Councilmember Rosapepe responded to citizen comments made during the February 81" Council meeting regarding meeting in -person in the Council Chambers. Councilmember Chang explained the federal government awarded Kitsap Transit 7.7 million dollars towards the construction of an all -electric ferry boat that will operate between Port Orchard and Bremerton. 14. EXECUTIVE SESSION There was no executive session. 15. ADJOURNMENT The meeting adjourned at 8:15 p.m. No other action was taken. Audio/Visual was successful. Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 112 of 112