089-22 - Resolution - Easement from Century CommunitiesDocuSign Envelope ID: C3539234-DD82-4AOB-91 F2-579DE2072A1 F
RESOLUTION NO. 089-22
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE A SIGHT DISTANCE EASEMENT FROM CENTURY
COMMUNITIES OF WASHINGTON, LLC, PURSUANT TO THE CONDITIONS OF
APPROVAL FOR SUBDIVISION LU21-PLAT FINAL-02 OF MCCORMICK WEST
DIVISION 11.
WHEREAS, Century Communities of Washington, LLC, a Delaware Limited Liability
Corporation is the owner of Kitsap County Assessor's Tax Parcel No. 5696-000-094-0005 located in
McCormick West Division 11; and
WHEREAS, as a condition of approval of LU21-Plat Final-02 of McCormick West Division 11,
Century Communities of Washington, LLC must grant a Sight Distance Easement to the City of Port
Orchard, over a portion of Kitsap County Assessor's Tax parcel No. 5696-000-094-0005 located in
McCormick West Division 11, as legally described in Exhibits A and B of the Sight Distance Easement,
attached hereto as Attachment A and incorporated herein by this reference; and
WHEREAS, according to its terms Sight Distance Easement is binding upon the Century
Communities of Washington, LLC, 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 Sight
Distance Easement from Century Communities of Washington, LLC, 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 131h day of September 2022.
DocuSigned by:
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Robert Putaansuu, Mayor
ATTEST: o
DocuSigned by: r�
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
SIGHT DISTANCE EASEMENT
Grantor(s): Century Communities of Washington LLC, a Delaware Limited Liability Corporation
and its successors and assigns
Grantee(s): Century Communities of Washington LLC, a Delaware Limited Liability Corporation
and its successors and assigns
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 IE, W.M.
City of Port Orchard, Kitsap County, Washington.
Additional Legal Description: See Exhibits A & B of this document
Assessor's Tax Parcel Nos.: 5696-000-094-0005
Additional Reference Document: McCormick West, Division 11, AFN 202203140148
GRANTOR, as owner of the real property legally described as Lot 94, McCormick West, Division 11,
Auditor's File No. 202203140148, records of Kitsap County, Washington, hereby establishes a Sight
Distance Easement over a portion of said Lot legally described on Exhibit A and depicted on Exhibit B
attached.
The area within the sight triangle shall be subject to restrictions on placement of potential sight obstructions
(signs, trees, fences, bus shelters, etc.) to maintain a clear view on the intersection approach. Sight
obstructions that may be excluded from these requirements include utility poles and regulatory signs. Sight
obstructions are subject to review by the City Engineer.
The burdens and benefits of this Easement shall run as covenants with the land.
(Signatures on Following Page)
DocuSign Envelope ID: C3539234-DD82-4AOB-91 F2-579DE2072A1 F
GRANTOR/GRANTEE:
Century Communities of Washington LLC
a Delaware Limited Liability Corporation
By:
Its: Division President
STATE OF WASHINGTON )
)ss.
COUNTY OF S1110h6ftUSh, )
ADDITIONAL GRANTEE:
City of Port Orchard,
a Washington municipal corporation
By:
Its:
On this I � day of 2022, before me, a Notary Public in
and for the State of Washington, personally appeared hristian Cermak 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
Division President of
Century Communities of Washington, LLC to be the free and
voluntary act and deed of said entities for the uses and purposes mentioned in the instruction.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above
aarrrrt�
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a
1% 0 rrrr NOTARY PLTB IC ' and for the Stale of Washington,
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w� r er���� 2 s Print Name /!p r' Ndriyn
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STATE OF WASHINGTOIrV )
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On this day of 22, before me, a Notary Public in
and for the State of Vashington, personally ape aced �- "1 personally known to
me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instruction,
on oalh stated that he/she was authorized to execute the instrument, and acknowledged it as the
of
3 l h 1 P7f 1`1f�' A to be the free and
voluntary'act and deed of said entities for the uses and purposes mentioned in the instruction.
IN WTTNES �WI�PF, I have hereunto set my hand and official seal the day and year first above
written. "S,�.] l N E F� ''�•���
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DocuSign Envelope ID: C3539234-DD82-4AOB-91 F2-579DE2072A1 F
CORE DESIGN, INC.
BOTHELL WA 98011
CORE PROJECT NO: 20197
06/06/2022
EXHIBIT "A"
LEGAL DESCRIPTION — LOT 94 SIGHT DISTANCE EASEMENT
THAT PORTION OF LOT 94, MCCORMICK WEST DIVISION 11, ACCORDING TO THE
AMENDED PLAT THEREOF RECORDED UNDER RECORDING NUMBER 202203140148,
RECORDS OF KITSAP COUNTY, WASHINGTON DESCRIBED AS FOLLOWS:
BEGINNING AT THE EASTERLY COMMON CORNER BETWEEN SAID LOT 94 AND TRACT
1 E OF SAID PLAT AND A POINT ON THE WESTERLY RIGHT-OF-WAY MARGIN OF A
PUBLIC ROAD DEDICATED BY SAID PLAT;
THENCE THE FOLLOWING FOUR COURSES AND DISTANCES ALONG THE COMMON
LINE BETWEEN SAID LOT AND MARGIN;
THENCE N13055'29"E 9.89 FEET TO A POINT OF TANGENCY WITH A 160.00-FOOT
RADIUS CURVE TO THE LEFT;
THENCE NORTHERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF
19011'45", A DISTANCE OF 53.61 FEET TO A POINT OF TANGENCY;
THENCE N05016'16"W 30.89 FEET TO A POINT OF TANGENCY WITH A 25.00-FOOT
RADIUS CURVE TO THE LEFT;
THENCE NORTHERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF
40026'05", A DISTANCE OF 17.64 FEET TO A POINT OF NON -TANGENCY;
THENCE S06027'49"E 75.13 FEET;
THENCE S14049'51 "W 34.78 FEET TO THE COMMON LINE OF SAID LOT AND SAID
TRACT;
THENCE S78027'46"E, ALONG SAID COMMON LINE, 4.40 FEET TO THE POINT OF
BEGINNING.
CONTAINS 464± SQUARE FEET (0.0106± ACRES)
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DocuSign Envelope ID: C3539234-DD82-4AOB-91F2-579DE2072A1F
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DESIGN 425.885.7877 Fax 425.885.7963
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