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090-22 - Resolution - Easement from Mainvue, WADocuSign Envelope ID: C3539234-DD82-4AOB-91F2-579DE2072A1F RESOLUTION NO. 090-22 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A SIGHT DISTANCE EASEMENT FROM MAINVUE WA, LLC, PURSUANT TO THE CONDITIONS OF APPROVAL FOR SUBDIVISION LU21- PLAT FINAL-02 OF MCCORMICK WEST DIVISION 11. WHEREAS, Mainvue WA, LLC, a Washington Limited Liability Company is the owner of Kitsap County Assessor's Tax Parcel Nos. 5696-000-034-0008 and 5696-000-042-0008 located in McCormick West Division 11; and WHEREAS, as a condition of approval of 1-1-121-Plat Final-02 of McCormick West Division 11, Mainvue WA, LLC must grant a Sight Distance Easement to the City of Port Orchard over a portion of Kitsap County Assessor's Tax Parcel Nos. 5696-000-034-0008 and 5696-000-042-0008 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 Mainvue WA, LLC, its heirs, successors and assigns, including subsequent owners; and WHEREAS, the City Council finds that 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 Mainvue WA, 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 pasLl��n1AY"day of September 2022. �t a�aan sttiu Robert Putaansuu, Mayor ATTEST: DocuSigned by: 17A CA3C18 A465... Brandy Wa lace, MMC, City Clerk DocuSign Envelope ID: C3539234-DD82-4AOB-91 F2-579DE2072A1 F After Recording Return To: McCormick Communities LLC Attn: Greg Krabbe 805 Kirkland Avenue, Suite 200 Kirkland, WA 98033 SIGHT DISTANCE EASEMENT Grantor(s): Mainvue WA, LLC, a Washington Limited Liability Company and its successors and assigns Grantee(s): Mainvue WA, LLC, a Washington Limited Liability Company and its successors and assigns City of Port Orchard, a Washington municipal corporation Abbreviated Legal Description: A portion of the SW 1/4 of the NE 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.: 5696-000-034-0008, 5696-000-042-0008 Additional Reference Document: McCormick West, Division 11, AFN 202203140148 GRANTOR, as owner of the real property legally described as Lots 34 and 42, 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 Lots 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-91F2-579DE2072A1F GRANTOR/ GRANTEE: Mainvue WA, LLC, a Washington Limited Liability Corporation By: _ 0.MLk Its: V A rJ ie—S S ft STATE OF WAS INGTON )ss. COUNTY OF I ) On this 1 day of S. ! , 2022 before me, a Notary Public in and for the State of Washington, personally appeared L vMkmnally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instruction, on oaffS ted tha� he/he was authorized to execute the instrument, and acknowledged it as the JV I(e.S ►at41 of kKu ► o- VITA l .LC— to be the free and ADDITIONAL GRANTEE: City of Port Orchard, a Washington municipal corporation By: Its: 11100, voluntary act and deed of said entities for the uses and purposes mentioned in the instruction. IN WITNESS WHEREOF, I have hereunto set myj{and and official seal the day and year first above State oiwtUiliilag -• Y , MONI M RYAN NO RY PUDL nd forgate of 17ington, LICENSE 0 113639 Residing at s+VLP( MY COMMISSION EXPWS My appointme t pires KBRUARY 17, 2024 Print Name tJ►+1, WL STATE OF WASHINGTON ) )ss. COUNTY OF C ) On this day of • (- 022, before me, a Notary Public in and for the State of Washington, personally appeared rsonally 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 elshe was authorized to execute the instrument, and acknowledged it as the t of _ _ to be the free and volunta act and deed of said entities for the uses and purposes mentioned in the instruction. 1N WITNESS WI %I EOF, I have hereunto set my hand and official seal the day and year first above written. E F of �` TARY P LIC in and ] t e State of Washington, � U pTAFl} " — siding at My appointmentexpires -1 a poB0 Print Name DocuSign Envelope ID: C3539234-DD82-4AOB-91 F2-579DE2072A1 F CORE DESIGN, INC. BOTHELL WA 98011 CORE PROJECT NO: 20197 06/07/2022 EXHIBIT "A" LEGAL DESCRIPTION - LOT 34 SIGHT DISTANCE EASEMENT THAT PORTION OF LOT 34, MCCORMICK WEST DIVISION 11, ACCORDING TO THE AMENDED PLAT THEREOF RECORDED UNDER RECORDING NUMBER 202203140148, RECORDS OF KITSAP COUNTY, WASHINGTON DESCRIBED AS FOLLOWS: COMMENCING AT THE EASTERLY COMMON CORNER OF LOTS 34 AND 35 OF SAID PLAT AND A POINT ON THE WESTERLY RIGHT-OF-WAY MARGIN OF A PUBLIC ROAD DEDICATED BY SAID PLAT; THENCE THE FOLLOWING THREE COURSES AND DISTANCES ALONG THE COMMON LINE BETWEEN SAID LOT 34 AND MARGIN; THENCE S24025'48"W 60.36 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PORTION; THENCE S24025'48"W 19.64 FEET TO A POINT OF TANGENCY WITH A 25.00-FOOT RADIUS CURVE TO THE RIGHT; THENCE SOUTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 28-00-52", A DISTANCE OF 12.22 FEET TO A POINT OF NON -TANGENCY; THENCE N29045'44"E 31.52 FEET TO SAID COMMON LINE AND THE POINT OF BEGINNING. �YC.P CONTAINS 34± SQUARE FEET (0.0008± ACRES)° DocuSign Envelope ID: C3539234-DD82-4AOB-91F2-579DE2072A1F 6-8-22 SCALE: 1" =300' �0 300 DocuSign Envelope ID: C3539234-DD82-4AOB-91F2-579DE2072A1F 36 C6 35 �Q POINT OF 32 BEGINNING ,¢ C?� 21 33, ,w 34' N29'45'44"E g`U 22 31.52 N24'25'4rE 19.64 Shy /pFR R=z5.00 s2' 23 L=12.22 24 27 LOT 34 McCQRMICN WEST DIVISION 1* s 1 pAGE °p SIGHT DISTANCE EASEMENT 2 OF 2 EXHIBIT B :a r 1 12100 NE 1951h Sr., Sufre 300 �'•, 8014 q = a CORE Bothell, Washh7gron 98011 a r It DESIGN fax ?5.885.7463 f �*AI,.li SCALE: 1" = 50' O 25 54 ENGINEERING -PLANNING -SURVEYING-L.A. { JOB NO. 20197 6-8-22 DocuSign Envelope ID: C3539234-DD82-4AOB-91 F2-579DE2072A1 F CORE DESIGN, INC. BOTHELL WA 98011 CORE PROJECT NO: 20197 06/07/2022 EXHIBIT "A" LEGAL DESCRIPTION - LOT 42 SIGHT DISTANCE EASEMENT THAT PORTION OF LOT 42, MCCORMICK WEST DIVISION 11, ACCORDING TO THE AMENDED PLAT THEREOF RECORDED UNDER RECORDING NUMBER 202203140148, RECORDS OF KITSAP COUNTY, WASHINGTON DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHERLY COMMON CORNER OF LOTS 41 AND 42 OF SAID PLAT; THENCE S73055'17"E 16.85 FEET TO THE COMMON LINE OF SAID LOT 42 AND A POINT ON THE WESTERLY RIGHT-OF-WAY MARGIN OF A PUBLIC ROAD DEDICATED BY SAID PLAT AND ON A 160.00-FOOT RADIUS CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS S81 °19'52"W AND AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PORTION; THENCE THE FOLLOWING THREE COURSES AND DISTANCES ALONG THE COMMON LINE BETWEEN SAID LOT AND MARGIN; THENCE SOUTHERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 33-05'55", A DISTANCE OF 92.43 FEET TO A POINT OF TANGENCY; THENCE S24025'48"W 4.95 FEET TO A POINT OF TANGENCY WITH A 25.00-FOOT RADIUS CURVE TO THE RIGHT; THENCE SOUTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 54°41'04", A DISTANCE OF 23.86 FEET TO A POINT OF NON -TANGENCY; THENCE N16038'34"E 113.77 FEET TO SAID COMMON LINE AND THE POINT OF BEGINNING. CONTAINS 1,263± SQUARE FEET (0.0289±ACRES) DocuSign Envelope ID: C3539234-DD82-4AOB-91F2-579DE2072A1F � �`G�vi41A Y �Gc V ` Y ! ~ •i i fir. pRNWILL 4,vE SW TH { - "lli '� ----� -- SIGHT DISTANCE DIVISION 11 EASEMENT I40148-' a SEE SHEET 2 I j r•�aij�'� }, LOT 42 MCCORMICH WEST DIVISION IPAGE SIGHT DISTANCE EASEMENT 10F 2� EXHIBIT B 12100 NE 1951h St, Suite 300 �•-. Bolo Bothell, Washington98011 CORE �Z.� DESIGN 425,885.7877 Fax 425.885.7963 7dNgL L a SCALE. 1" =300' 0 150 300 ENGINEERING -PLANNING -SURVEYING-L.A, JOB NO. 20197 6-8-22 DocuSign Envelope ID: C3539234-DD82-4AOB-91F2-579DE2072A1F N77'43'06"W 58.55 17 N8119'52"E (R) POINT OF 41 BEGINNING 42 Q� 18 O W 2 Skye L'k N24'25'48"E 15 19 F R=25.00 Lk54'41'04" L=23.86 35 43 q� 20 g� 21 [fi LOT 42 McCORMICH WEST DIVISION 11 SIGHT DISTANCE EASEMENT PAGE 20F2 EXHIBIT B x: Id' :a 1 12100 NE 195th St, SuRe 300 �'., }, COREBothell, Washington 98011 41 is p�•9•:�Q�w L (DESIGN 425.885.7877 Fox425885.7963 fGNAL LK;O SCALE: 5 = 50' err 0 25 50 ENGINEERING -PLANNING-SURVEYING-L.A. JOB NO. 20197 6-8-22