088-22 - Resolution - Easement from Pulte Homes of WA, LLCDocuSign Envelope ID: C3539234-DD82-4AOB-91F2-579DE2072A1F
RESOLUTION NO. 088-22
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR TO ACCEPT A PUBLIC PEDESTRIAN ACCESS EASEMENT FROM PULTE
HOMES OF WASHINGTON, INC., PURSUANT TO THE CONDITIONS OF APPROVAL
FOR SUBDIVISION LU21-PLAT FINAL-02 OF MCCORMICK WEST DIVISION 11.
WHEREAS, Pulte Homes of Washington, Inc., a Washington Corporation, is the owner of
Kitsap County Assessor's Tax Parcel No. 5696-000-114-0001, 5696-000-120-0003 and 5696-000-121-
0002 located in McCormick West Division 11; and
WHEREAS, the conditions of approval for the subdivision LU21-Plat Final-02 of McCormick
West Division 11 require that Pulte Homes of Washington, Inc. grant to the City of Port Orchard a
Public Pedestrian Access Easement over a portion of Kitsap County Assessor's Tax Parcel Nos. 5696-
000-114-0001, 5696-000-120-0003 and 5696-000-121-0002, as legally described in Exhibit A and B to
the Declaration of Public Pedestrian Access Easement, attached hereto as Attachment A and
incorporated herein by this reference.; and
WHEREAS, if approved, this easement shall be binding upon the Grantor, its heirs, successors
and assigns, including subsequent owners; and
WHEREAS, the City Council finds that the acceptance of the proposed easement is in the
best interest of the residents of Port Orchard; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS
FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are
hereby adopted and incorporated as findings in support of the Resolution.
THAT: The Port Orchard City Council approves of and authorizes the Mayor to accept a
Public Pedestrian Access easement from Pulte Homes of Washington, Inc., and to
execute all documents necessary to effectuate this authorization
THAT: This Resolution shall take full force and effect upon passage and signatures
hereon.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by
the City Clerk in authentication of such passage this 13th day of September 2022.
DocuSigned by:
I�obtJ'f P4M A SWu,
Robert Putaansuu, Mayor
ADD ST;
F;OCUSigned
alA 1NAUL
Brandy Wallace, MMC, City Clerk
DocuSign Envelope ID: C3539234-DD82-4AOB-91F2-579DE2072A1F
After Recording Return To:
McCormick Communities LLC
Attn: Greg Krabbe
805 Kirkland Avenue, Suite 200
Kirkland, WA 98033
DECLARATION OF
PUBLIC PEDESTRIAN ACCESS EASEMENT
Grantor(s): Pulte Homes of Washington, Inc., a Washington Corporation
and its successors and assigns
Grantee(s): City of Port Orchard, a Washington municipal corporation
Abbreviated Legal Description:
A portion of the NW 1/4 of the SE 1/4 of Section 8, Township 23N, Range 1E, W.M.
City of Port Orchard, Kitsap County, Washington.
Additional Legal Description: See Exhibits A & B of this document
Assessor's Tax Parcel Nos.: 5696-000-114-0001, 5696-000-120-0003,
5696-000-121=0002
Additional Reference Document: McCormick West, Division 11, AFN 202203140148
This DECLAMATION OF PUBLIC PEDESTRIAN ACCESS EASEMENT ("Declaration") is
made effective - ) 3 , 2022, by the undersigned GRANTOR, as owner of the real property
legally described as Lots 114, 120, and 121, McCormick West, Division 11, Auditor's File No.
202203140148, records of Kitsap County, Washington. Grantor hereby grants to the City of Port Orchard,
a Washington municipal corporation, a permanent non-exclusive easement ("Public Pedestrian Access
Easement") over and across the subject property as described on Exhibit A and schematically shown on
Exhibit B of this Declaration. Grantor shall not construct or install permanent above -grade structures
(except rockeries, wall, or buildings with the prior approval of the City of Port Orchard) in the Public
Pedestrian Access Easement Area that would interfere with the location, construction, and maintenance of
said sidewalk.
Grantor shall maintain the Public Pedestrian Access Easement Area at all times in a safe condition
free of any and all obstructions or defects, including, but not limited to, ice and snow. In the event
Grantor does not so maintain the easement, after thirty (30) days written notice from Grantee,
Grantee shall have the right, but not the obligation, to perform such maintenance with the costs
being borne by Grantor. Costs, both direct and indirect, of such maintenance shall be a lien on
Grantor's property, provided that Grantee shall have such other and further remedies to recover
the cost of such maintenance as provided by law.
DocuSign Envelope ID: C3539234-DD82-4AOB-91 F2-579DE2072A1 F
2. Grantor shall indemnify and hold the Grantee harmless against any claim, lawsuit, damage, or
other loss or cost associated with the use of the Public Pedestrian Access Easement Area on the
subject property arising out of the negligence or willful misconduct of Grantor, their agents,
contractors, and employees, including but not limited to any claim or lawsuit for personal or
property injury.
3. This Easement shall run with the land and shall be binding upon the Grantor, its heirs, successors,
and assigns and the Grantee.
4. If any party engages an attorney in connection with any action in a court of law or arbitration to
enforce the terms of this Easement, the prevailing party in such action or proceeding will be
entitled to recover its reasonable attorneys' fees and other litigation expenses.
(Signatures on Following Page)
DocuSign Envelope ID: C3539234-DD82-4AOB-91F2-579DE2072A1F
GRANTOR:
Pulte Homes of Washington, Inc
a Washington Corporation
ts:
S ATE OF WASHINGTON )
GRANTEE:
City of Port Orchard,
a Washington municipal corporation
By:
Its:
)ss.
COUNTY OF )
On this _ day of �l>ll , 2022, before me, a Notary Public in
and for the State of Washington, personally appeareCl Saw golot , personally known to
me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instruction,
on oath stated that he/she was authorized to execute the instrument, and acknowledged it as the
Vp * IAIN9 of
to be the free and
voluntaryact add deed of said entities for the Wes- and purposes mentioned in the instruction.
IN WITNESS }T,Qy1�OF, I have hereunto set my hand and official seal the day and year first above
written. ,•''ro1B Wi11/� ,''a,�
O�' gfy�•, NOTARY P L C in and for the State of Washington,
Residing at EMU
NOTARY N ; [
_ 01, My appointment expires
P U UPrint Name '
•�:
�~
PIS
STATE OF WASlidtIlt�' )
)ss.
COUNTY OF )
On this day of 022, before me, a Notary Public in
and for the State of ashington, personally appear �-' �)ff - personally known to
me (or proved to me on the basis of satisfactory evid nee) to be the person who executed this instruction,
on oath stated that he/she was authorized to execute the instrument, -and acknowledged it as the
of
1 / ('r'�_ to be the free and
voluntary a and deed of said entities for the uses and purposes mentioned in the instruction.
IN WITNESS,WTIEREOF, I have hereunto set my hand and official seal the day and year first above
written. ���'N�l �.. F
Go �'15-��2�
A Y PUBLIC in and for a State f Washington,
_ ND7RRy
(Rofsiding at
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My appointme expires
N :n _
1, • �� �ry`v:
Print Name
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DocuSign Envelope ID: C3539234-DD82-4AOB-91 F2-579DE2072A1 F
CORE DESIGN, INC.
BOTHELL WA 98011
CORE PROJECT NO: 20197
06/08/2022
EXHIBIT "A"
LEGAL DESCRIPTION - PUBLIC PEDESTRIAN ACCESS EASEMENT
A STRIP OF LAND 8.00 FEET IN WIDTH OVER A PORTION LOTS 120 AND 121,
MCCORMICK WEST DIVISION 11, ACCORDING TO THE AMENDED PLAT THEREOF
RECORDED UNDER RECORDING NUMBER 202203140148, RECORDS OF KITSAP
COUNTY, WASHINGTON, SAID STRIP LYING 4.00 FEET, EACH SIDE OF THE COMMON
LINE BETWEEN SAID LOTS OF THE HEREIN DESCRIBED STRIP CENTERLINE:
BEGINNING AT THE EASTERLY COMMON CORNER BETWEEN SAID LOTS AND A POINT
ON THE WESTERLY RIGHT-OF-WAY MARGIN OF A PUBLIC ROAD DEDICATED BY SAID
PLAT;
THENCE ALONG THE COMMON LINE BETWEEN SAID LOTS 2.50 FEET TO THE
TERMINUS OF SAID LINE;
TOGETHER WITH A STRIP OF LAND 8.00 FEET IN WIDTH OVER A PORTION LOT 114 OF
SAID PLAT, SAID STRIP LYING 4.00 FEET, EACH SIDE OF THE FOLLOWING DESCRIBED
STRIP CENTERLINE:
COMMENCING AT THE COMMON NORTHERLY CORNER OF SAID LOT AND LOT 113 AND
A POINT ON THE SOUTHERLY RIGHT-OF-WAY MARGIN OF A PUBLIC ROAD DEDICATED
BY SAID PLAT,
THENCE N65034'12"W, ALONG SAID MARGIN, 3.35 FEET TO A POINT OF TANGENCY
WITH A 25.00-FOOT RADIUS CURVE TO THE LEFT;
THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF
08-43-05", A DISTANCE OF 3.80 FEET AND THE POINT OF BEGINNING OF THE HEREIN
DESCRIBED STRIP CENTERLINE;
THENCE S15042'42"W 2.50 FEET TO THE TERMINUS OF SAID LINE.
CONTAINS 40t SQUARE FEET (0.0009± ACRES) oe�410L
DocuSign Envelope ID: C3539234-DD82-4AOB-91F2-579DE2072A1F
121
PUBLIC PEDESTRIAN
ACCESS EASEMENT MODORMKK VIEST
SEE DETAIL BELOW DIMON 11
AFN 202 401148
SCALE. 1" W 40'
120 y� 0 20 40
Q4
4� 109
119
110
PUBLIC PEDESTRIAN 121
ACCESS EASEMENT
8.0D�
r
► y
2.50 ��r �d
120 ► 4.0 r,
�T SCALE. 1" s 10'
0 5 10
I
�.� C .
MCCORMICK WEST DIVISION 11 PAGE R�
PUB. PER ACCESS EASEMENT 1 OF 2
^EXHIBIT B
1 'o I2100 NE 195►h Sr., Suite 300 14 4
OREBothell, Washington 98011 }Q. Y �a6
DFSIC,N 425.865.7877 fox 423,885.7963 GNdL LA
ENGINEERING -PLANNING-SURVEYING.L.A
JOB NO. 20197 6-8-22
DocuSign Envelope ID: C3539234-DD82-4AOB-91F2-579DE2072A1F
mcom"m WT
AFN 202=40148
A�Sy' SCALE. 1" - 40'
0 20 40
PUBLIC PEDESTRIAN
ACCESS EASEMENT
115 SEE DETAIL BELOW
A.
114 113
�O
4�
�v
POINT OF R=25.00
BEGINNING 6=8'43'05'
L-3.80
N15 42'42'E
2.50 N65'34'12'W
3.35
W 4.
PUBLIC PEDESTRIAN 8.00 1�
ACCESS EASEMENT SCALE:1"10'
114 113 D 5 10
c .
MCCORMICK WEST DIVISION 11 PAGE �' 'aY • a'
PUB. PED. ACCESS EASEMENT 2 OF 2�
EXHIBIT B
'a
12100 NE 195rh Sr., Suire 300
OREBothell,Washington 98011
DESIGN 425.885.7877 Fox 425.885,7963 L h
ENGINEERING -PLANNING -SURVEYING-L.A.
JOB NO. 20197 6 -8--22