034-09 - Lowe's HIW, Inc. - ContractAfter Recording Return to:
City Clerk
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
City of Port
DEVELOPER'S AGREEME
REGIONAL SAM
GRANTOR: LOWE'S HI
GRANTEE: The public.
LEGAL DESCRIPTION:
ASSESSOR'S TAX PAR4
2-026-2001, 11230 -2-01
023-2004,11230 1,Q 2
0307, 8503-00 - 0 t
0405, 8503 -020
0005, 102 0 - 2
2006, 1023 -4 50-2
2004,102301- - - 007,
this
AUDITOR'S NOTE
LEGIBILITY FOR RECORDING AND
UNSATISFACTORY IN A PORTION
INSTRUMENT WHEN RECO
1. 009 0085
00 page: 1 of 36
III I0111111%I IIIIIII III IIIII IIIII IIIII IIIII IIII IIII
and Contract No. 034-09
IMBURSEMENT FOR
P STATION
corporation
�i�mmpp a g'&description attached as Exhibit A
1 ID# 01-2-047-2006, 112301-2-046-2007, 112301-
ni12
301-2-011-2008, 112301-2-012-2007, 112301-2-
-2-010-2009, 8503-001-003-0208, 8503-001-003-
-003-0109, 8503-001-004-0306, 8503-001-004-
8503-001-002-0001, 8503-001-001-0002, 8503-000-000-
301-4-058-2009, 102301-4-059-2008, 102301-4-051-
102301-4-047-2003, 102301-4-052-2005, 102301-4-053-
2301-3-001-2009. 102301-3-011-2007.
,ROPER'S
AGREEMENT (this "Agreement"), is made and executed
of Q 2009 between LOWE'S HIW, INC., a Washington
Loper ,) and the City of Port Orchard, Washington, a municipal
Page 1 of 7
200906080085 06/08/2009 11:06:52 AM Page 2 of 36
RECITALS
A. The City owns and operates a sanitary sewer system (the "System") within
and adjacent to its City limits; and
B. The Developer made certain improvements to the
("Improvements") in order to provide adequate sanitary sewer system cap
Developer's development known as Lowe's Home Improvement, located atA
and legally described in Exhibit A, attached hereto and by reference inc or
C. The Improvements consist of the construction i a RE NAI
SANITARY PUMP STATION and all sewer components incidents d are
more particularly depicted in Exhibit B, attached hereto and �v refFrr ce 'n rporated
herein.
D. The Developer, pursuant to ReQaiCity
��ifigton ("RCW")
35.91.020 and City of Port Orchard Ordinance 1to reimbursement for a
fair pro rata share of the construction costs of theconstructed by it that are
part of the System. Reimbursement charges aregainst Benefited Non -
Contributing Properties, as defined below, and to and remitted to the
Developer.
E. The City Council, by Resoluti has authorized the Mayor to
execute this Agreement.
THEREFORE, in con's%derati a foal promises of the parties and other
good and valuable consideration t p 'e r by agree as follows:
1. Ado tion of Recitals. the recitals set forth above are adopted by the
parties as material a ement f this ement.
2. o t o io The cost of construction of the Improvements was
Five Hun dre - - ne sand, Six Hundred Ninety -Six and 33/ioo ($ 561,696.33),
sales tax i u ite in Exhibit C, attached hereto and by reference
incorporated r
3. e t ontributing Properties. Those properties, the legal descriptions
of whic e a c ed iereto as Exhibit D and by reference incorporated herein, are
owned y he Dev 1 per and are considered benefited contributing properties ("Benefited
Co bu ies") and thus will not be assessed reimbursement charges pursuant
ttl�ter�ns this Agreement, so long as the Benefited Contributing Properties'
ectib nuthe System are not increased in size or capacity from the present size and
pity of hose connections. To the extent that a Benefited Contributing Property
Pfncr the size or capacity of its connection to the System, that Benefited Contributing
qpe shall become a Benefited Non -Contributing Property, defined below, for
Page 2 of 7
200906080085 06/08/2009 11:06:52 AM Page 3 of 36
purposes of this Agreement, and shall be subject to assessment for such increased size or
capacity as set forth below.
4. Benefited Non -Contributing Properties. The Benefited Non -Contributing
Properties that are subject to reimbursement charges under this Agreement arefbrth
Q
and legally described in Exhibit E, which is attached hereto and by reference inco \ \ed
herein.
5. Amount of Assessment. The amount of the asses ent st th
Benefited Non -Contributing Properties that tap into or otherwise co e t to th yste
after the date this Agreement is recorded shall be a fair pro rata share o roject
costs, which is calculated using the formula set forth in Exhibit d r and by
reference incorporated herein.
6. Administrative Costs. Pursuant t n 6 o`f-_ndnce No. 1852,
Developer shall pay to the City an administrativ e of $20 p us $25.00 for each tax
account parcel subject to this Agreement. Devel r shall pay ' fee, in the amount of
$ 950.00 ($25.00 x 30 + $200) prior to the Mayor' si ' g of s Agreement.
7. Right to Reimbursement. suant to R 5.91.040, a person, firm, or
corporation may not be granted a permit authorized to tap into, or use the System
during the period of time prescribed in this A ent without first paying to the City, in
addition to any and all other costs and s r assessed for such tap or use for
the sewer constructed in connection wi ount required by Paragraph 5 above.
The City shall collect the "sed e re ced in Paragraph 5 above, and shall
remit said charge to the Develo r it s' ted successor within 60 days following
the City's receipt thereof.
Whenever a conne ' n is to the System by a Benefited Non -Contributing
Property describe ip* a 4 ut the assessed charge referenced in Paragraph 5
having first bee ai e i a ut-off service upon 30 days written notice and the
Property sha s ect a shut-off and reconnection charges set forth in POMC
Chapter 13. 45 .04. as amended.
8. 'Effective Date. Termination of the Right to Reimbursement. and Possible
Extension ' bbrs6ment Period. This Agreement shall become effective upon its
being re o ded 't the Citsap County Auditor (the "Effective Date") and shall remain in
full for e d eff c until the earlier of (a) a period of fifteen (15) years after the
Effe 've a 'Reimbursement Period"); (b) until the Developer or its successors or
s 1 been fully reimbursed the amount set forth in Exhibit F; or (c) upon the
i havi designed and reconstructed a part of the System so that the Improvements
n cted y the Developer are rendered useless, as determined and at the sole
disc tion of the Director of Public Works.
Page 3 of 7
200906080085 06/08/2009 11:06:52 AM Page 4 of 36
The fifteen year Reimbursement Period may be extended in accordance with
RCW 35.91.020(2) for a period for a time not to exceed the duration of any moratorium,
phasing ordinance, concunency designation, or other governmental action that prevents
making applications for, or the approval of any new development within the benefit area
for a period of six (6) months or more. Upon the extension of the reimburseme eriod
pursuant to this paragraph, the contract must specify the duration of the c act
extension and must be filed and recorded with the county auditor. Property erst
are subject to the reimbursement obligations under Section 4 shall be notifie 61
of the extension filed under this paragraph.
9. Lien and Recording. Assessments against the Benefit on -Co butint
Properties under this Agreement shall constitute a lien against those r The
Developer, at his sole expense, shall record this Agreemen t s County
Auditor's Office and either the City or the Developer may als ecord o otices
as are necessary to put owners of the Benefited Non- bu 'n Prope ' s on notice as
to the assessments referred to herein. This Agreem be co 1 e null and void if
it has not been submitted to Kitsap County to be r corded wits 30 days of the date of
this Agreement. 1 1
10.
A. All notices to
collected under this Agreement, shall be
which address and contact information,
telephone number):
following
LOWE'S HIW,
Box 1111
North Wilkes
to the Developer, including amounts
the Developer at the following address,
�vqloper (including name, address and
28656
)oro, North Carolina 28697)
(FMN6)
to be sent to the City shall be sent to the City at the
r
rerOrchard
tStreetd, WA 98366
developer is responsible for providing the City with a valid mailing address
ie duration of this Agreement; but in any event the Developer shall update
is contact information by notice to the City every two years from and after
Agreement is executed, through the duration of this Agreement pursuant to
Page 4 of 7
200906080085 06/08/2009 11:06:52 AM Page 5 of 36
RCW 35.91.020(3) and Ordinance No. 1852 (Section 7). The City shall send the
amounts collected under this Agreement to the Developer's mailing address.
II. Covenant Running With the Land and Assignment. This Agreement shall
be binding on the City and the Developer and their respective successors, grant s and
assignees and shall also be binding on the owners of the Benefited Non -Con ting
Properties, their heirs, successors, grantees and assigns. This Agreement sh 1 cons ' to
a covenant running with all of the Benefited Non -Contributing Prope
Benefited Contributing Properties; provided, however, that the Develo on g
written notice to the City Treasurer, may assign its rights and delega a its h under
this Agreement to any person. In the event of such assignment, th a gnee s a 1 ha`%
all of the rights, duties and obligations of the Developer under this A \e t.
12. Severability. If any court or tribunal decI40 any r vis�f this
Agreement to be invalid, the remaining provisions of ' gre ent sha I of be affected
thereby. This Agreement, or any part hereof, if de by 1 e ' valid, shall not
waive any rights the Developer has to reimburse nt of then s o construction of the
Improvements to the extent provided for in this A ement. 1 11
13. Hold Harmless.
A. The Developer, its essors and assigns, agrees to release,
indemnify, defend, and hold the City, its a ed officials, officers, employees, and
agents, harmless from any and all c t , judgments, awards, or liabilities,
including but not limited to attomey fee , h may arise as a result of the negligent
acts or omissions of the Devo3per r .L cept as to City's obligation to remit to
Developer the reimbursements d b ity pursuant to this Agreement.
B. The City be d to rely with acquittance on the provisions of
this Agreement with res e t to a faimess of the pro rata charges, and upon the
determination o e en i d p erties as provided herein. Developer agrees to
indemnify, hol s , e d the City in any challenge to the method used to
calculate th i ro ata applied to the parcels as set forth in this Agreement.
14.
affect or i
system, pf
R erva ' n f Authority. Nothing contained herein shall be construed to
np it ' y m er the right of the City to regulate the use of its sewer
c th rovements described herein shall become a part, pursuant to the
of or inance, resolution, or policy now or hereafter in effect. The
by the City of any such requirement shall not be deemed an impairment of this
it may be imposed in such a manner as to refuse service to an owner
afa parcel in the benefited area in order to secure compliance with any such
t9f the City.
Page 5 of 7
200906080085 06/08/2009 11:06:52 AM Page 6 of 36
15. Modification. No waiver, alteration, or modification of any of the
provisions of this Agreement shall be binding unless in writing and signed by a duly
authorized representative of the City and Developer.
16. VenuelAttomev's Fees. This Agreement shall be construed in a
with the laws of the State of Washington, and jurisdiction of any resulting 6
be in Kitsap County Superior Court. The prevailing party in any legal actin
Aar
this Agreement shall be entitled to all costs and expenses, including
expert witness fees or other witness fess, and any fees and expenses inc a on
IN WITNESS WHEREOF, the parties hereto have si s this
Agreement on the day and year indicated below. / \
DATED:
CITY OF
an
City Clerk
Page 6 of 7
Vice President
200906080085 06/08/2009 11:06:52 AM Page 7 of 36
15. Modification. No waiver, alteration, or modification of any of the
provisions of this Agreement shall be binding unless in writing and signed by a duly
authorized representative of the City and Developer.
16. Venue/Attornev's Fees. This Agreement shall be construed in
with the laws of the State of Washington, and jurisdiction of any resulting d
be in Kitsap County Superior Court. The prevailing party in any legal action
this Agreement shall be entitled to all costs and expenses, including a;�
expert witness fees or other witness fess, and any fees and expenses incurredi
IN WITNESS WHEREOF, the parties hereto have
Agreement nn the day and vear indicated below.
200906080085 06/08/2009 11:06:52 AM Page 8 of 36
STATE OF WASHINGTON )
) ss.
COUNTY OF KITSAP )
I certify that I know or have satisfactory evidence that Lary Coppola is th
who appeared before me, and said person acknowledged that they signed this in:
on oath, stated that he was authorized to execute the instrument and acknow�,, d
the Mayor of the City of Port Orchard, and acknowledged it to be the free rand j
act of such party for the�� /uses and purposes mentioned in the instrument.
DATED:
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
I certify that I kno" have
person who appeared before , a
instrument, on oath stated that he
President of LOWE'S HI a
of the Rules and Bylaw f said
voluntary act of,�cQmp for
I
and the
M.
�u6iiFin-an for the State f
Washingtsi mg at �}
My commis n expires
0 ; L k
fact evidence that, Michael L. S ' is the
id rson acknowledged that signed this
zed to execute the i ent'as the Vice
ungton corporatio ursuant to the provisions
ny, and ac ledged it to be the free and
and n oses mentioned in the instrument.
PERJURY under the laws of the State of California
m that the foregoing paragraph is true and correct.
seal this _ day of 2009.
Page 7 of 7
200906080085 06/08/2009 11:06:52 AM Page 9 of 36
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
. ... .7�.�5=>C!:S!�S �� A�u�>:nS,a�v�s �............;iw:at.:�t;av�irc�..,�
State of California I
County of 4W 7)1' 6i
On before me,
Date
personally appeared
C. KAWAMOTO
Commission #t 1763655
-v Notary Public - California
San Diego County
Gamma *g23,2Dit
lj
lC
who proved to me on the))asis-f is evidence to
be the person(s) whos tr arise cribed to the
within instrument a ackno I dge me that
he/ heLth y a ed t e ame in h' /HeNtheir authorized
capaci hat b I signatures) on the
instrume t he person( or e entity upon behalf of
which the erson(s) acfedl executed the instrument.
I certify u1 PENA� F PERJURY under the laws
of the State Ca I or ' that the foregoing paragraph is
e and correct.
WI S my hand
and official sseeal
n re
Place Notary Seal Above Signature of Notary Public
T A
Though the information below is not requir tl law, i o e valuable to persons relying on the document
and could prevent fraudulent re l d re ach ant of this form to another document.
Description of Attached Docu76� n
Title or Type of Document
Document Date:
Signer(s) OtherTh n e&
Capacity(ies) C 'm by
Signer's Name:
❑ In
❑ Corporal fficer — itl (I
❑ Partner railed eneral -
❑ Atto in c
❑ .r Top of thumb here
Elardian o C servator
❑ th
Is esenting:
Number of Pages:
Signer's Nai
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner —❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER
Soto Ave., P.O. Box 2402•Chatsworth, CA 91313-2402•viww.NationalN0taryorg Itema5907 Reorder: Call Toll -Free 1-80D-876-6827
200906080085 06/08/2009 11:06:52 AM Page 10 of 36
200906080085 06/08/2009 11:06:52 AM Page 11 of 36
EXHIBIT A: Legal Description for LOWE'S HIW, Inc
LOWE'S
150 SW SEDGWICK RD
PORT ORCHARD, WASHINGTON 98366
LEGAL DESCRIPTION
BEGINNING AT THE SOUTHWEST CORNER OF
QUARTER OF THE NORTHWEST ONE QUARTER OF
23 NORTH, RANGE 1 EAST, W.M. IN KITSAP COUNTY,
THENCE ALONG THE WEST LINE OF THE EAST"Q IER OF THE
NORTHWEST QUARTER NORTH 2° 23 EAST, EET TO THE
EASTERLY MARGIN OF SEDGWICK ROAD; HENCE N RTH 350 1641 " EAST,
87.87 FEET; THENCE NORTH 30° 56' 41" E 415.68; NCE SOUTH 80° 17'
21" EAST, 228.25 FEET; THENCE SOUTH 48° " EA 86.54 FEET; THENCE
SOUTH 320 50' 34" EAST, 60' ET; THE TH 890 02' 05" WEST
PARALLEL TO THE SOUTH L THE NORTHWEST ONE QUARTER OF
SAID SECTION, 18.06 FEET; THENC H 00 57' 55" WEST, 30.00 FEET TO
SAID SOUTH LINE; THENCE ALO�LG SOUTH LINE NORTH 890 02' 05"
WEST,1103.64 TO THE POINT OF ,E�
200906080085 06/08/2009 11:06:52 AM Page 12 of 36
200906080085 06/08/2009 11:06:52 AM Page 13 of 36
EXHIBIT B
Port Orchard Lowe's
New Sanitary Sewer Lift Station Easement
That portion of the Southeast Quarter of the Northwest Quarter of Section 11,
North, Range 1 East, Willamette Meridian, lying southwesterly of SR-16 and st
Sedgwick Road in the City of Port Orchard, Kitsap County, Washington, described
Commencing at the southwest comer of said subdivision;
Thence North 02'23'01" East Along the west line thereof a distance of 272. e(tto the
POINT OF BEGINNING of the parcel herein described;
Thence North 87010145" East a distance of 46.00 feet;
Thence North 23023'26" East a distance of 19,OO feet to the begi ni g of no ngent e
concave to the northwest having a radius of 145.18 feet fr ich dial lin f said curve
bears North 1202114 P' West;
Thence northeasterly along the arc of said curve throu central ang f P28" a distance
of 103,10 feet;
Thence North 17926'54" East a distance of 11.42 feet;
Thence North 73008127" West a distance of 20.00 feet;
Thence South 16051'33" West a distance of 10.33 feet the g of non -tangent curve
concave to the northwest having a radius o 3332 feet from a radial line of said curve
bears North 48929'31" West;
Thence southwesterly along the arc of said cury h gh a central angle of 31052'36" a distance
of 74.17 feet;
Thence North 82027'20" West a distance et;
Thence North 35019156" West a distanc o 22, 0 ee ,
Thence North 02123:01" East astance o 40 fee ;
Thence North 879659" West "i ce f 0. 0 to the west line of said subdivision;,
Thence South 02023101" West alo i Sues li t -reof a distance of 103.50 feet to the TRUE
pall i" rn: nl7nT TKTrwrn
of land, more or less.
-ment.doc
200906080085 06/08/2009 11:06:52 AM Page 14 of 36
EXHIBIT B
Port Orchard Lowe's
New Sanitary Sewer Easement
That portion of the Southeast Quarter of the Northwest Quarter of Section 11,
North, Range 1 East, Willamette Meridian, lying southwesterly of SR-16 and sr
Sedgwick Road in the City of Port Orchard, Kitsap County, Washington, described
A ship of land 10.00 feet in width lying 5.00 feet on each side of the
centerline;
Commencing at the southwest comer of said subdivision;
Thence North 02023'01" East along the west line thereof a distance of 6 .63 feet;
Thence North 81°36'32" East a distance of 5.06 feet to d P OF INNING of
the centerline herein described;
Thence continuing North 81 °36'32" East a distance of 60 feet;
Thence South 89°02'21" East a distance of 179.4 I feet;
Thence North 22°09'03" East a distance o€139.78 feet;
Thence North 39002' 03" East a distance of 224.98 feet to he uthwe r margin of said SR-16
and the TERMINUS of the centerline herein described.
CONTAINING: 7,457 square feet or 0.1712"f land, more or less.
on 2/4/2008
PO Lowes\docs\Sewer Easement.doc
200906080085 06/08/2009 11:06:52 AM Page 15 of 36
r
D O
m
m
u (n
o CO O
:Ez-n
D O
O --1
KMO
zmO
mom=
co0>
Xm-
_K:*
0o D D
CO
�Z r
200906080085 06/08/2009 11:06:52 AM Page 16 of 36
O
O
200906080085 06/08/2009 11:06:52 AM
Page 17 of 36
Exhibit B: Sewer Components
SEWER LIFT STATION
Wet Well
1
LS
$80,000.00
Valve Vault
1
LS
$30,000.00
Mechanical
1
LS
$20,000.00
Pumps, Panel
1
LS
$118,000.00
Electrical Rack
1
LS
$12,000.00
Electrical
1
LS
$35,000.00
Generator
1
LS
$30,000.00
Concrete Slabs
1
LS
$12Forroo'—'000000000
Site Work
1
LS
$25
Asphalt Paving
1
LS
$6
FORCE MAIN
0
TOTAL
r�'
Total
$516,341.00
200906080085 06/08/2009 11:06:52 AM Page 18 of 36
200906080085 06/08/2009 11:06:52 AM Page 19 of 36
Exhibit C: Cost of Construction
SEWER LIFT STATION
Item
No.
Unit
Unit Price
Total
Wet Well
1
LS
$80,000.00
$80,000.00
Valve Vault
1
LS
$30,000.00
$30,000.Q�
Mechanical
1
LS
$20,000.00
$20,000.00�
Pumps, Panel
1
LS
$118,000.00
$118, .
Electrical Rack
1
LS
$12,000.00
$i ,
Electrical
1
LS
$35,000.00
$ ,000.00
Generator
1
LS
$30,000.00
$ 0000.00
Concrete Slabs
1
LS
$12,000.00
, 0.00
Site Work
1
LS
$25,000.00
25, 0.
Asphalt Paving
1
LS
$6,000.00
��$ 00 . 0
FORCE MAIN
ADMINISTRATIVE
Administrative Costs
$12,388.90
$166,445.90
TOTAL C T F a CC RUCTION: $561,696.33
�O
200906080085 06/08/2009 11:06:52 AM Page 20 of 36
200906080085 06/08/2009 11:06:52 AM Page 21 of 36
EXHIBIT D: Legal Description for Benefited Contributing Properties
200906080085 06/08/2009 11:06:52 AM Page 22 of 36
200906080085 06/08/2009 11:06:52 AM
Page 23 of 36
II
0
E
O
-
yd
6
a`
m mmmmmmmm nm
no nn m'mmm mmmmm mm �m
mm mm ¢¢¢¢ ¢Q¢Q ¢toQQmmmmQ
m°' mmromm �+3 �i3 33333n33mmm¢z
Ql.Nig.-0000200000 OO°i
33m33mmm0000m00000¢OOa¢
mmmm mmmmm mm33
m mm��333aaaaaaa<aa3aad0
Q Q O m 2 LLa. LL LL U' U' U'
¢ m Qx Q Q m m m w w a a V a a ww a 0 w OF N-0,
a 0a¢OOmmtorrrrOrwrrr¢rrw 0
�= 000Um¢m0000000000Q00�0
NWLLNNF 0000 �00000wY>ZN
w w . w m ¢ ¢ ¢
N Z O N N N N N J J J J N 0
WWo33wwwmmm00mmommmmwmmW
N N m N N a d V n n n m m
W b 0N W N N N N N N N N N N N N O N N (O OIA
m mm NNNNG. NN NN Nf00NNma
O
m
Y
U ❑ ❑ ❑m
ON NN Y Y NUN
U U
N¢ ¢¢ 0 3 mon om N m w w w W W w m w w
N Z Z Z N N ZN Z
n❑ ❑❑ woo
t� N N N n N N N N m 0 N m N 0 N N N 0 0 N Rl d
tmp y O m ...............
0 N= N.� O
N N Z NIA Z Z Z a Z Z Z Z 2 Z Z Z a N N Z
a6
¢ U a
Z J Z
z0 rrr
Nm W
w wUULL J
x j J J Q J J w J
m m
mmm
Zmm a a 000
00 OO¢NYYY m¢ ~¢o>oF W Yryw mmm OU❑
O www000 �¢¢a
NNNJ�JjNY ¢JJJaN w 0
Uwz❑ZgZZO0moo ❑ z
OW-1OOWWW --- OWWUmc7FWWW
w x mZZ¢mmOLL
mmmm(003:-mw02W wwmmmm
Q3NVy03aWOO❑WWOOOm 5 (9
MEti2 z00 OOV33Smmzzzz
mOmmm¢¢QNm Z N �0
N m m m LL Y J J J
n �[p0 t7 IO tolpe lei IA NOI d tO nah lAanWn
O O O O O O O O C O O O O O O O O O O O O O
O O O O O O O P r C N O o
N(<0mp NN0 N Nww�m CJ (7 (OO (� •O0} dOo' NOoOCgoOOOgNOIivAANoONpNONNglaNO�- OO n NON NOt7 NO� N N
qNq`q 99 9999999a9
9q1?$9
N -6so^
0oo7999990000E;-.-00000O�roof
N(7 cbmmNcommNmmma�NN
�A N�AN N�AN00000000000
N W N m N N 0
Na N10 y tp0 tS7 W NCI V tD 0t0O 0.- W t71p aa7NN
N O O O a m N O IA vOj lA V V V< N W m
o O��c3o �0000000000-0000mm¢¢¢ $ 30
a = E
r Ea
rrrYr 00rr0E
0x0 _
__ _= rrrrrrrrrrrrr= � 3�
0 0 0 0 0 0 0
U VUUU UUUUUUUU yu me
QQ EE v
E i
Q m U❑ W LL Q m U❑ W LL (9 2 ¢ m O � m N N��^ E U g E 2
N a N b iA IA iA IA ro (O tp fD tp t0 (p tp b n n 61 T �
� N NNN NNNNN N l7
200906080085 06/08/2009 11:06:52 AM Page 24 of 36
Exhibit E: Tax Property Descriptions for Benefited Non -Contributing Properties
#1
Account Number
112301-2.047-2006
Process Number 2349330
Tax Property Description
11231E
PARCEL B OF SEGREGATION REQUEST DESCRIBED AS FOLLOWS: COMMENCING AT THE S QUART ORNE SECTION
11 TOWNSHIP 23 NORTH RANGE 1 EAST, WM.; THENCE S89'02'08 E 817.54 FEET TO A POINT E SOU MARGIN OF SE
SEDGWICK ROAD AND THE TRUE POINT OF BEGINNING; THENCE N18'12'27 E 23.37 FE A I 30.00 FOOT RADIUS
CURVE TO THE LEFT (RADUS POINT BEARS N09'32'04 W); THENCE ALONG SAID CU A E T HE NORTH LINE OF
THE SOUTH 10 ACRES OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF TUTHESOU
QU T OF SAID SECTION
11; THENCE S89'01'28'E ALONG SAID NORTH LINE, 34.29 FEET TO THE EAST LINEEST Q TER OF THE
NORTHWEST QUARTER OF SAID SECTION 11; THENCE S02'22'59 W AL IDFEET TO THE SOUTHEAST
CORNER OF SAID SOUTHWEST QUARTER; THENCE N89'02'OS'W ME
FRA
SOUSOUTHWEST QUARTER,
503.73 FEET TO THE TRUE POINT OF BEGINNNG.»>TOGETHER ORTTH 5 ACRES OF THE SOUTH 15
ACRES OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUAID SON 11, LYING SOUTHEASTERLY OF THE
SOUTHEASTERLY MARGIN OF SEDGWICK ROAD AS CONVEYEDTOR'S IL NO. 200706150207.
#2
Account Number
112301-2-046-2007
Process Number 2349322
11231E
PARCEL A PER SEGREGATION REQUL4fC
OF SECTION 11 TOWNSHIP 23 NORTH, FIN
70.02 FEET; THENCE S89'02'08 E 190.06 FE
NORTH MARGIN OF BE SEDGWICK R
TO THE LEFT; THENCE ALONG SAI R
LINE OF THE SOUTH 10 ACRES OF Il
E SO
OF SAID SECTION 11; TH E N89 1 8 W
TO THE TRUE POINT O INNWG.
#
Account
4 FO L WS: COMMENCING AT THE WEST QUARTER CORNER
F WM., THENCE NO2'2639 E ALONG THE SECTION LINE
RU POINT OF BEGINNING; THENCE S89'02'08 E ALONG THE
TO A POINT OF CURVATURE OF A 670.00 FOOT RADIUS CURVE
BT, THROUGH A CENTRAL ANGLE OF 52.13.45 TO THE NORTH
)F THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER
0 NORTH LINE, 1022.44 FEET; THENCE S02'26'39 W 259.91 FEET
11231E
THE WEST 0. FEET THE SOUTH 10 ACRES OF THE SOUTH ONE-HALF OF THE SOUTHWEST QUARTER OF THE
NO T A F SECTION 11, TOWNSHIP 23 NORTH, RANGE i EAST, W.M.; EXCEPT SIDNEY ROAD (A
C O ); ( EAST FEE OF THE WEST 30FEET OF SAID SIDNEY ROAD CONVEYED TO KITSAP COUNTY PER
# 601140 1) CEPT THAT PORTION TO KITSAP COUNTY FOR RNJ PER AUDITOR FILE NO. 9201270125. EXCEPT
HORTIO DEMNED FOR RIGHT-OF-WAY BY THE STATE OF WASHINGTON PER SC 68655 (SEDGWICK ROAD - A
C N ROAD); SITUATE IN KITSAP COUNTY, WASHINGTON; SUBJECT TO SLOPE EASEMENTS AS PER SC 68655;
ZOG E WITH EASEMENT FOR INGRESS, EGRESS AND UTILITY PURPOSES, OVER, UNDER AND ACROSS THE
Page 1 of 9
200906080085 06/08/2009 11:06:52 AM Page 25 of 36
FOLLOWING DESCRIBED PARCEL: BEGINNING AT THE INTERSECTION OF THE EAST LINE OF THE WEST 190.00 FEET OF
THE SOUTH 10 ACRES.
#4
Account Number Process Number 1049154
112301-2-013-2006
Tax Property Description
11231E
THE NORTH 5 ACRES OF THE SOUTH 15 ACRES OF THE SOUTHWEST QUARTER OF E NORTHW S QUA
SECTION 11, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON, T SID E ROAD N.W.
ON THE WEST SIDE THEREOF; AND EXCEPT THAT PORTION CONVEYED TO STATE AS R HIGHWAY
PURPOSES BY DEED RECORDED UNDER AUDITOR'S FILE NO. 1153367, I K AP COUNTY,
WASHINGTON.»>ALSO EXCEPT THAT PORTION OF THE ABOVE DESCRIBED P ERTY L N SO TERLY OF
THE SOUTHEASTERLY MARGIN OF SEDGWICK ROAD AS CONVEYED UNDER AUD R'S FILE N 007061 207.
#5
Account Number Process Number 1049139
112301-2-011-2008
11231E
THE SOUTH HALF OF THE SOUTHWEST QUARTER
EXCEPT TRACT 150 FEET BY 60 FEET IN SOUTHZ
PER AUDITOR'S FILE NUMBER 1153509: EXCEPT TAi,
PROJECT NUMBER 2433 PER AUDITOR'$ FILE N
#6
Account Number Process
112301-2-012-2007
QUARTER; EXCEPT THE SOUTH 15 ACRES;
PORTION TO OLYMPIC DRIVE TO TREMONT
COUNTY FOR SEDGWICK ROAD EXTENSION
11231E
THE SOUTH 60 E O T W T 150 EET OF THE NORTH 5 ACRES OF THE SOUTH HALF OF THE SOUTHWEST
QUARTER OF TH O HWES U TER; EXCEPT PORTION TO KITSAP COUNTY FOR ROAD EXTENSION PROJECT
NUMBER 2433, PE IT 'S FILE MBER 9104290143.
Page 2 of 9
200906080085 06/08/2009 11:06:52 AM Page 26 of 36
11231E
LOT A SP 4098 RECORDED UNDER AUDITOR NUMBER 8607240132. THE SOUTH 82.5 FEET OF THE NORTH HALF OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, SECTION 11, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M.
EXCEPT THAT PORTION CONVEYED TO KITSAP COUNTY PER AUDITOR'S FILE NO. 9206020331.
200906080085 06/08/2009 11:06:52 AM Page 27 of 36
UNIT 30, SEDGWICK LANDING CONDOMINIUM, AS RECORDED IN VOLUME 6 OF CONDOMINIUMS, PAGES 128 - 129,
INCLUSIVE, UNDER AUDITOR'S FILE NO. 200709260003, BEING AN AMENDMENT OF CONDOMINIUM RECORDED IN
VOLUME 7 OF CONDOMINIUMS, PAGES 158 - 159, INCLUSIVE, UNDER AUDITOR'S FILE NO. 200605300243, ACCORDING
TO THE DECLARATION THEREOF RECORDED UNDER AUDITOR'S FILE NO. 200605300242, AND AS AMENDED UNDER
200906080085 06/08/2009 11:06:52 AM Page 28 of 36
8503.001-004.0405
Tax Property Description
SEDGWICK LANDING
UNIT 4C, SEDGWICK LANDING CONDOMINIUM, AS RECORDED IN VOLUME 8 OF CONDOMINIUMS,
INCLUSIVE, UNDER AUDITOR'S FILE NO. 200809260094, BEING AN AMENDMENT OF CONDOMINVV
VOLUME 8 OF CONDOMINIUMS, PAGES 128 - 129, INCLUSIVE, UNDER AUDITOR'S FILE NO. 200%
AMENDMENT OF CONDOMINIUM RECORDED IN VOLUME 7 OF CONDOMINIUMS, PAGES 158 - 159 1
AUDITOR'S FILE NO. 200605300243, ACCORDING TO THE DECLARATION THEREOF RECORDE NDI
NO. 200605300242, AND AS AMENDED UNDER AUDITOR'S FILE NO. 200709260004 AND 20 8 30
KITSAP COUNTY, WASHINGTON.
#16
Account Number Process Number 2514073
8503-001-004-0207 O
Tax Property Description
235,
0 IN
I AN
SEDGWICK LANDING
UNIT 4A, SEDGWICK LANDING CONDOMINIUM, AS RECORDED N VOLUME 8 OF O DOMINIUMS, PAGES 234 - 235,
INCLUSIVE, UNDER AUDITOR'S FILE NO. 200809260094, BEING AMENDMENT 0 CONDOMINIUM RECORDED IN
VOLUME 8 OF CONDOMINIUMS, PAGES 128 - 129, INCLUSIVE, U E UDITOR' LE NO. 200709260003, BEING AN
AMENDMENT OF CONDOMINIUM RECORDED IN VOLUME 7 OF CON I , P GES 158 - 159, INCLUSIVE, UNDER
AUDITOR'S FILE NO. 200605300243, ACCORDING TO E DECLARATION F RECORDED UNDER AUDITOR'S FILE
NO. 200605300242, AND AS AMENDED UNDER AU O ' FILE NO. 200709260004 AND 200809300237, RECORDS OF
KITSAP COUNTY, WASHINGTON.
#17 // \
Account Number Process
8503-001-002-0001 101
Tax
SEDGWICK LANDING
UNIT 2, SEDGWICK
G ON IUM, S RECORDED IN VOLUME 8 OF CONDOMINIUMS, PAGES 128 - 129,
INCLUSIVE, UNDER U
]TO E 7 260003, BEING AN AMENDMENT OF CONDOMINIUM RECORDED IN
VOLUME 7 OF CO,,NN��
G 158 - 159, INCLUSIVE, UNDER AUDITOR'S FILE NO. 200605300243, ACCORDING
TO THE DECLAF�'AT,ION
H OF R O ED UNDER AUDITOR'S FILE NO. 200605300242, AND AS AMENDED UNDER
AUDITOR'S FILE 2
9 0 , REC S OF KITSAP COUNTY, WASHINGTON.
rJ
2462836
LANDING CONDOMINIUM, AS RECORDED IN VOLUME 8 OF CONDOMINIUMS, PAGES 234 - 235,
Page 5 of 9
200906080085 06/08/2009 11:06:52 AM Page 29 of 36
INCLUSIVE, UNDER AUDITOR'S FILE NO. 200809260094, BEING AN AMENDMENT OF CONDOMINIUM RECORDED IN
VOLUME 8 OF CONDOMINIUMS, PAGES 128-129, INCLUSIVE, UNDER AUDITOR'S FILE NO. 200709260003, BEING AN
AMENDMENT OF CONDOMINIUM RECORDED IN VOLUME 7 OF CONDOMINIUMS, PAGES 158 - 159, INCLUSIVE, UNDER
AUDITOR'S FILE NO. 200605300243, ACCORDING TO THE DECLARATION THEREOF RECORDED UNDER AUDITOR'S FILE
NO.200605300242, AND AS AMENDED UNDER AUDITOR'S FILE NO. 200709260004 AND 200809300237, RECO�QS OF
KITSAP COUNTY, WASHINGTON. \ �
# 19
Account Number Process Number 2462828
8503.000-000-0005
SEDGW ICK LANDING
TRACTS A THROUGH F (COMMON ELEMENTS), SEDGWICK LAND I DOMI , AS RECORDED IN VOLUME 8 OF
CONDOMINIUMS, PAGES 128 - 129, INCLUSIVE, UNDER AUDITOR'S FI O. 07 260003, BEING AN AMENDMENT OF
CONDOMINIUM RECORDED IN VOLUME 7 OF COND NIUMS, PAGES 158 - 159, INCLUSIVE, UNDER AUDITOR'S FILE
NO. 200605300243, ACCORDING TO THE DE= T THEREOF RECORDED UNDER AUDITOR'S FILE NO.
200605300242, AND AS AMENDED UNDER AUDITOR' FI NO. 200709260004, RECORDS OF KITSAP COUNTY,
WASHINGTON.
#20
Account Number Process
102301-4-055-2002 Im
Tax
10231E
ALL THAT PORTk
FEE OF THE NORTHEASTQUARTER OF THE SOUTHEASTQUARTER OF
SECTION 10,TONGE 1EASTWM,BEING DESCRIBEDFORTAX PURPOSESONLYLYING
WESTERLYAND K ROAD EXTENSION,ASHOWN ON SHEET2 OF 14,RIGHT-OF-WAYANDCLEARING PLAN SION, COUNTY ROAD PROJECT 2433, ON FILE WITH THE DEPARTMENT OF
PUBLICWORKSHINGTON, ALSO BEING DESCRIBED UNDER AUDITOR'S FILE NO. 9011300267SITUATE IN KITSTON.
Page 6 of 9
200906080085 06/08/2009 11:06:52 AM Page 30 of 36
10231E
RESULTANT PARCEL A OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO. 200209250138, A
RERECORDING OF AUDITOR'S FILE NO. 200206100068, RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS: THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP
23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGIN NG AT THE
NORTHEAST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER; THENCE SOUT 1 .05 FEET;
THENCE WEST 329.91 FEET; THENCE NORTH 183.05 FEET; THENCE EAST TO THE POINT OF BEGINNI G; EXCEPT
SIDNEY ROAD ON THE EAST THEREOF; AND EXCEPT THAT PORTION CONVEYED TO KITSAP COU YN, Y FOR GWICK
ROAD UNDER AUDITOR'S FILE NOS. 9011300268 AND 9110700046.
# 22
Account Number Process Number 2362838
102301-4-059-2008
Tax Property
10231E
RESULTANT PARCEL B OF BOUNDARY LINE
RERECORDING OF AUDITOR'S FILE NO. 2002
FOLLOWS: THAT PORTION OF THE NORTHEA
23 NORTH, RANGE 1 EAST, W.M., IN KI SAP
NORTHEAST CORNER OF SAID NORTH A
THE TRUE POINT OF BEGINNING; THENC
SAID NORTHEAST QUARTER OF T
NORTHWEST CORNER THEREOF;
SOUTHEAST QUARTER375 FEET; THENCE
SOUTHEAST QUARTER' NCE O TH 183
THE EAST THEREOF EP T T Pi
AUDITOR'S FILE N . 01 3 2 A 9110
AND WESTERLY OF SEbGW4bK PICA
# 23
Account
2145621
aq
WENT RECORDED UNDER AUDITOR'S FILE NO. 200209250138, A
"8EdOF!DS'0F KITSAP COUNTY, WASHINGTON, DESCRIBED AS
QF SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP
A TON, DESCRIBED AS FOLLOWS: BEGINNING AT THE
R F SOUTHEAST QUARTER; THENCE SOUTH 183.05 FEET TO
.91 F T; THENCE NORTH 183.05 FEET TO THE NORTH LINE OF
QUARTER; THENCE WEST ALONG SAID NORTH LINE TO THE
1LONG THE WEST LINE OF SAID NORTHEAST QUARTER OF THE
rO THE EAST LINE OF SAID NORTHEAST QUARTER OF THE
TO THE TRUE POINT OF BEGINNING; EXCEPT SIDNEY ROAD ON
CONVEYED TO KITSAP COUNTY FOR SEDGWICK ROAD UNDER
AND EXCEPT ANY PORTION THEREOF LYING NORTHWESTERLY
NL'IM1TG SOUTH OF COUNTY ROAD OF THE FOLLOWING DESCRIBED PROPERTY: THAT PORTION OF THE
ARTER CONVEYED BY AUDITOR FILE NO. 1134263 DESCRIBED AS FOLLOWS: THE NORTHEAST
0 SOUTHEAST QUARTER, EXCEPT THE NORTH 375 FEET AND EXCEPT THE SOUTH 400 FEET THEREOF
EXCEPT THE EAST 660 FEET THEREOF TOGETHER WITH AN EASEMENT OVER THE NORTH 20 FEET OF THE
)FEET OF THE EAST 660 FEET OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER EXCEPT
Page 7 of 9
200906080085 06/08/2009 11:06:52 AM Page 31 of 36
SIDNEY RAOD SUBJECT TO EASEMENT RECORDED UNDER AUDITOR FILE NO. 703904. ALSO EXCEPT THAT PORTION
TO KITSAP COUNTY FOR SEDGWICK ROAD PER AUDITOR FILE NO. 9105150172.
# 24
Account Number Process Number 2145613
102301-4-050-2007
Tax Property Description
10231E
THAT PORTION OF THE FOLLOWING DESCRIBED PROPERTY LYING NORTHERLY SEDAROAD:::E
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 N T RANG 1 EAST, W.M.,
EXCEPT THE NORTH 375 FEET; AND EXCEPT THE SOUTH 400 FEET THEREOF; AND EX ST 660 FEET
THEREOF; TOGETHER WITH AN EASEMENT OVER THE NORTH 20 FEET OF THE 7 F THE EAST 660
FEET OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER EXCEPTS Y RO BJ T EASEMENT
RECORDED UNDER AUDITOR FILE NO. 703904. ALSO EXCEPT THAT PORTION T KITSAP O NTY SEDGWICK
ROAD PER AUDITOR FILE NO. 9105150172.
# 25
Account Number Process Number 2137313
102301-4-047-2003
Tax Property Description
10231E
THAT PORTION OF THE NORTHWEST QUARTER OF'I
RANGE 1 EAST, W.M., LYING NORTHEASTERLY O
ROAD PER AUDITOR'S FILE NUMBER 9103050 7.
COUNTY OF KITSAP, STATE OF WASHTN
#�
Account Number Process
02301-4.052-2005
10231E
LOT A SHORT
SHORT PLATS,
SOUTHEAST (
UNDER
QUARTER OF SECTION 10, TOWNSHIP 23 NORTH,
ROAD AND THE NEW EXTENSION OF GLENWOOD
3TERLY OF SEDGWICK ROAD; SITUATE IN THE
RECORDED UNDER AUDITOR'S FILE NOS. 3224933/934, IN VOLUME 15 PAGE 228 OF
u1 T OF 941109020910210. BEING A PORTION OF THE NORTHWEST QUARTER OF THE
N 10, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY,
OF GLENWOOD ROAD AND LYING SOUTHEASTERLY OF SEDGWICK ROAD AS DEED
Process Number 2246874
Page 8 of 9
200906080085 06/08/2009 11:06:52 AM Page 32 of 36
Tax Property Description
10231E
LOT B SHORT PLAT NO. 6678R-1 RECORDED UNDER AUDITOR'S FILE NOS. 3224933/934, IN VOLUME 15 PAGE 228 OF
SHORT PLATS, BEING AN AMENDMENT OF 9411090209/0210. BEING A PORTION OF THE NORTHWEST QU ER OF THE
SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITS P COUNTY,
WASHINGTON, LYING EASTERLY OF GLENWOOD ROAD AND LYING SOUTHEASTERLY OF SEDGWICK ROAD S DEED
UNDER AUDITOR'S FILE NO. 9103050137.
f28
Number Process Number 1048123
001-2007
Tax Property Description
10231E
THAT PORTION OF THE NORTHWEST QUARTER OF THE
MARGIN ON TERRITORIAL GLENWOOD ROAD. TOGETHER
FINAL ORDER OF VACATION RECORDED UNDER AF#30
OPERATION OF LAW.
# 29
Account Number Process Number 1
102301-3-001-2009
10231E
NE114 SW1/4
rricirl
Account
10231E
THAT PTN O THE ES
EXC THAT E OF
Tax Property
O
rrropess b 1048073
WESTERLY OF THE WEST
QED GLENWOOD ROAD PER
THAT WOULD ATTACH PER
THE SE1/4 CNVYD BY AUD NO.1039494 DAF, THE N1/2 SE-1/4 SW1/4 & THE N1/2 SW-1/4 SE1/4
'OOD RD & EXC GLENWOOD RD
Page 9 of 9
200906080085 06/08/2009 11:06:52 AM Page 34 of 36
Parcels " B" and 87" Details
200906080085 06/08/2009 11:06:52 AM Page 35 of 36
200906080085 06/08/2009 11:06:52 AM Page 36 of 36
EXHIBIT F: Amount of Assessment
Cost of Construction (CCT) _ $561,696.33
Pump Capacity (PC) = 380 (
Lowe's Inflow (IL) = 76 GPI
Lowe's Pump Usage x
Lowe's Pump Usage Percent
Cost of Construction of whic
Remaining Pump Cap;
Available Pump Capacity (Pi
Remaining Cost of Construct
Fair Pro Rata Share:
Fair Pro Rata Share = CCa
ge
Peak Demand
1 a ily welling
0.74 GPMP�k
i it Dwelling
0.54 GPMPeak/ unit
etail
0.74 GPMpeA/ 1000 gross SF
Office
0.60 GPMp k / 1000 gross SF
Restaurant
0.15 GPMP�k/ seat
Industrial
0.06 GPMp k/ 1000 gross SF
Manufacturing
0.30 GPMP�ak/ 1000 gross SF