125-23 - Resolution - Purchase of Property for Pottery Ave. Sidewalk ExtensionDocuSign Envelope ID: A3A08692-F769-4C93-B266-30ACOE3FBD6B
RESOLUTION NO. 125-23
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE PURCHASE OF A PORTION OF KITSAP COUNTY TAX PARCEL NO. 342401-4-
023-2002 FOR THE POTTERY AVE SIDEWALK EXTENSION AND ROAD PROJECT
AND AUTHORIZING THE MAYOR TO EXECUTE ALL NECESSARY DOCUMENTS TO
EFFECTUATE TRANSACTION.
WHEREAS, the City has identified the need to acquire real property to support the
construction of the Pottery Ave Sidewalk Extension and Road Project (the "Project"); and
WHEREAS, in accordance with the City's Acquisition Procedures, the City retained a
Right of Way Acquisition Consultant, Commonstreet Consulting, (the "Consultant") to assist
with the Project; and
WHEREAS, on March 3, 2023, the City through its Consultant issued an offer letter to
the owners of real property located at 1608 Pottery Ave, Kitsap County Tax Parcel No. 342401-
4-023-2002 (the "Property"), to purchase approximately 1,688 square feet of the Property
needed for the Project; and
WHEREAS, it was determined, after the original administrative offer was made, that the
Property's septic drain -field was located within the acquisition area and on November 15, 2023,
the City issued a revised offer for the portion of the Property to reflect the costs associated
with decommissioning the septic system and connecting the Property to the City's sewerage
system; and
WHEREAS, the City's Consultant, has negotiated the terms of purchase by the City of the
Property; and
WHEREAS, the Port Orchard City Council finds it is in the best interest of the City to
authorize the acquisition of the Property for $50,000, inclusive of fair market value for the
portion the Property to be acquired, necessary landscaping improvements to restore the
impacted Property, and the cost to cure the septic issue; 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 this Resolution.
THAT: The City Council authorizes the acquisition of a portion of Kitsap County Tax
Parcel No. 342401-4-023-2002, as described in Exhibit A, for the Pottery Ave Sidewalk
Extension and Road Project, for a Total Acquisition Payment not to exceed $50,000, plus
payment of additional associated closing costs, including the Real Estate Excise Tax, and
DocuSign Envelope ID: A3A08692-F769-4C93-B266-30ACOE3FBD6B
Resolution No. 125-23
Page 2 of 2
authorizes the Mayor or designee to execute all necessary documents to effectuate the
purchase.
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 1911 day of December 2023.
DzaonSaigned by:
b Pna,SUU.�unn7naaRobert Putaansuu, Mayor
ATTEST:
DocuSigned by:
Brandy Wallace, MMC, City Clerk
DocuSign Envelope ID: A3AO8692-F769-4C93-B266-30ACOE3FBD6B
Exhibit A
ORCHARDe
November 15, 2023
Claimant
Royce D. Magneson
1608 Pottery Ave
Port Orchard WA 98366
Re: Revised Offer Letter and Receipt
Project Title: Pottery Ave Sidewalk Extension and Road Diet Project
Project No: PW 2023-002
Parcel No.: 4-023
Tax ID No.: 342401-4-023-2002
Dear Royce Magneson:
The City of Port Orchard (City) plans to improve Pottery Ave near your home at 1608 Pottery
Ave. In order to construct, install, and maintain the sidewalk improvements as designed, we
need to acquire property rights from you so that we can preserve the project's functionality. I
have attached a drawing which shows the area we need to purchase.
In the offer letter dated March 3, 2023, the City offered to purchase property and
improvements owned by you and identified as Parcel Number 4-023.
Due to the discovery of your septic drainfield located within the acquisition area after the
Administrative Offer Summary (AOS) was completed and Just Compensation was set, it is
necessary to withdraw the City's original offer and make a new offer.
The City has established an amount it believes is just compensation for the proposed
acquisition of a fee area abutting Pottery Avenue. The Agency's revised offer is as follows:
-ass & Fencinel
PUMK; WORKS 01RF,CTOR
? W PROSPECTS L POR L ORCHARD, WA 9B366
_$11,394.00
$ 3,887.00
$34,719.00
$50,000.00
PHONE (360)876.4991 I FAX (360) 976 4980
EMAIL: PtIBLICWORKSC)CfrYOFPORTORCHARDUS
WWW CR YDFPOR WRO LARD US
DocuSign Envelope ID: A3AO8692-F769-4C93-B266-30ACOE3FBD6B
This offer is being made on a willing buyer/willing seller basis and the sale of these property
rights to the City is voluntary. If you decide to accept the offer, the Agency will pay all closing
costs including the Real Estate Excise Tax on this transaction. If you decide to reject the offer,
then the Agency will notify you in writing that this offer will be withdrawn.
The cost to cure captures all related expenses for disconnecting and decommissioning the
septic'tank, as well as all expenses for the sewer connection from the single-family home to the
sewer cleanout line installed by the City at the seller's property line during the Project. Also
included is payment for the removal of any necessary trees, foliage, and related stumps and
roots.
We have attempted by this letter to provide a concise statement of the purpose, location, and
an opinion of value of the proposed acquisition. We hope the information will assist you in
reaching a decision.
Please feel free to contact me with any questions or concerns.
Sincerely,
Randy Johnson I Real Property Agent
And Right of Way Consultant for
City of Port Orchard Public Works
216 Prospect St I Port Orchard, WA 98366
(564) 205-0131 1 Randy@csrow.com
RECEIPT OF THIS LETTER IS HEREBY ACKNOWLEDGED.
(Please sign below on copy provided. This is necessary to ensure that you received the
original of this letter.)
I understand that this acknowledgement does not signify my acceptance or rejection
of this offer.
d 2—�
Si ture Date
d
Signature U Date
PUBLIC WORK
216 PROSPECT S I' POR7 ORCHARD, WA 98366
PROW (360)876 499'1 I FAX (960) 876 4980
FMAII: �LICWOFtVtSf��,1]x(jEP�7�ij�f3H�RR�U
WWW.CI11'01 POR IORCHAROMS
DocuSign Envelope ID: A3AO8692-F769-4C93-B266-30ACOE3FBD6B
After recording return document to:
City of Port Orchard
216 Port Orchard
Port Orchard, Washington 98366
Document Title: Warranty Deed
Reference Number of Related Document: N/A
Grantors: Royce D. and Desray Magneson, husband and wife
Grantee: City of Port Orchard
Legal Description: PTN Portion NE SE, 34 24N 01E
Additional Legal Description is on Pages 3&4 of Document.
Assessor's Tax Parcel Number: PTN 342401-4-023-2002
WARRANTY DEED
Pottery Ave Sidewalk Extension and Road Diet Project
The Grantors, Royce D. Magneson and Desray Magneson, husband and wife, who
acquired title as Royce D. Magneson, as his separate estate, for and in consideration of the sum
of TEN AND NO/100 ($10,00) Dollars, and other valuable consideration, hereby conveys and
warrants to the City of Port Orchard, a municipal corporation of the state of Washington,
Grantee, the following described real property situated in Kitsap County, in the State of
Washington:
For legal description and additional conditions
See Exhibits A and B attached hereto and made a part hereof.
It is understood and agreed that delivery of this deed is hereby tendered and that the
terms and obligations hereof shall not become binding upon the City of Port Orchard unless
and until accepted and approved hereon in writing for the City of Port Orchard, by its authorized
agent.
LPA-302 Page 1 of (4) Pages Parcel No. 342401-4-023-2002
10/2014
DocuSign Envelope ID: A3AO8692-F769-4C93-B266-30ACOE3FBD6B
WARRANTY DEED
(ceol). Ma eson
— on
Desray Ma eson
Accepted and Approved
City IAnrr Orchard
By: -
Robert Putaansuu
Mayor
Dale:--- cz— ( 2,4 / Z 3
STATE OF WASHINGTON )
ss
County of K1 15gj/:)
On this day of -Abyle d Pw,104efore me personally appeared Royce D.
Magneson-and-D-camy Magneson to me known to be the individuals described in and
who executed the foregoing instrument, and acknowledged that t" signed and sealed
the same as their free and voluntary act and deed, for the uses and purposes therein
mentioned.
GIVEN under my hand and official seal the day and year last above written.
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LPA-302 .0�+WA$H
10/2014
Notary PoKic i for the State of
Washington, residing at
My commission expires'
Page 2 of (4) Pages
Parcel No. 342401-4-023-2002
DocuSign Envelope ID: A3AO8692-F769-4C93-B266-30ACOE3FBD6B
WARRANTY DEED
EXHIBIT A
R/W DESCRIPTION
KITSAP COUNTY PARCEL 342401-4-023-2002
A PORTION OF RESULTANT PARCEL 1, DECLARATION OF BOUNDARY LINE
ADJUSTMENT RECORDED UNDER AUDITORS FILE NUMBER 20161206168,
RECORDS OF KITSAP COUNTY, WASHINGTON, BEING A PORTION OF THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34,
TOWNSHIP 24 NORTH, RANGE 01 EAST, W.M., KITSAP COUNTY, WASHINGTON,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION, A 3 1/2 INCH
BRASS CAP IN MONUMENT CASING, FOUND IN PLACE, FROM WHICH THE EAST
QUARTER CORNER OF SAID SECTION, A 3 1/2 INCH BRASS CAP IN MONUMENT
CASING, FOUND IN PLACE, BEARS NORTH 00°48'52" EAST, 2647.53 FEET
DISTANT;
THENCE NORTH 00048'52" EAST ALONG THE EASTERLY LINE OF SAID
SUBDIVISION A DISTANCE OF 1,486.45 FEET;
THENCE NORTH 88018'02" WEST A DISTANCE OF 10.00 FEET TO THE
INTERSECTION OF THE WESTERLY RIGHT OF WAY MARGIN OF POTTERY
AVENUE WITH THE SOUTHERLY LINE OF SAID RESULTANT PARCEL 1 AND THE
POINT OF BEGINNING;
THENCE NORTH 88018'02" WEST ALONG SAID SOUTHERLY LINE A DISTANCE OF
20.00 FEET;
THENCE NORTH 00048'52" EAST ALONG A LINE 20.00 FEET WESTERLY OF AND
PARALLEL WITH SAID WESTERLY MARGIN A DISTANCE OF 84.39 FEET;
THENCE SOUTH 88018'02" EAST A DISTANCE OF 20.00 FEET TO SAID WESTERLY
MARGIN;
THENCE SOUTH 00048'52" WEST ALONG SAID WESTERLY MARGIN A DISTANCE
OF 84.39 FEET TO THE POINT OF BEGINNING.
CONTAINING 1,688 SQUARE FEET, MORE OR LESS.
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LPA-302
10/2014
Page 3 of (4) Pages
Grantor's Initials
NAVID EVANS
ANDASSOCIATES INc.
14432 SE Easlgale Way, Sulle 400
Bellevue, WA 99007
42.5.519 e500
DocuSign Envelope ID: A3AO8692-F769-4C93-B266-30ACOE3FBD6B
WARRANTY DEED
34 35
FOUND 3 1/2" BRASS CAP
STAMPED"WASHINGTON
COUNTY REFERENCE T23N R1"
IN CASING
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SUNSET LN -
�33
IF-
342401 tt-02320Q2
lu
S88'18'02"E
20.00'
RESULTANT PARCEL 1
DECLARATION OF
20' RAN TAKE
BOUNDARY LINE ADJUSTMENT
REC NO. 20161206168
1,688 S.F
+
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,
GRAPHICAL DEPICTION
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110'
> a
ROS REC NO. 20161206169
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- - - 20.00,
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BEGINNING
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10.00,
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EXHIBIT B
PARCEL 342401-4-023-2002
TAX PAYER I MAGNESON ROYCE D
TAX PAYER ADDRESS 1608 POTTERY AVE PORT ORCHARD, WA 98366
SITE ADDRESS 1600 POTTERY AVE PORT ORCHARD, WA 98366
TAKE AREA 1.688 S.R
SECTION NE 1/4, SE 1/4 SEC. 34, TWP 24 N., RNG. 01 E., W.M.
rmommmmoll1lil
25' 50,
Grantor's Initials
POINT OF COMMENCEMENT
FOUND 3 112" BRASS CAP
STAMPED"WASHINGTON
COUNTY REFERENCE T23N R1"
IN CASING
A
11 DAVID EVANS
^NoASSOC IATESING.
14432 SE Eaetgete W.Y. S.K. 400
E"Ilews Washington 95007
Phonc 425 519.6500
LPA-302 Page 4 of (4) Pages Parcel No. 342401-4-023-2002
10/201,4
DocuSign Envelope ID: A3AO8692-F769-4C93-B266-30ACOE3FBD6B
REAL PROPERTY VOUCHER
AGENCY NAME
I hereby certify under penally of perjury that the Items and amounts Iisiod herein we
proper charges against the Agency, that the same or any part thereof
City of Port Orchard
has not been paid, and that I ant authorized to sign for the claimant
216 Prospect St
_
SIGNATURE (IN INK) FOR EACH CLAIMANT
DATED
Port Orchard WA 98366
6�6�23
GRAN FOR OR CLAIMANT (NAME, ADDRESS) IN/SSN:
I
X
_
R yc D. Magneso
Royce D. and Desray Magneson
1608 Pottery Avenue, Port Orchard WA 98366
PROJECT NO. AND TITLE
PW 2023-002
Pottery Ave Sidewalk Extension and Road Diet Project
X
FEDERAL AID NO.
PARCELNO.
Desray MagniWon
N/A
342014-023-2002
In full, complete and find payment and selllemerd for the Me or interest conveyed or released, as f* set forth In:
DATED
$ AMOUNT
LAND:
1,688 S uare Feet m/1 Fee Title +
S11,394.00
IMPROVEMENTS:
Landscaping 85 Linear Feet of 5' Fence; 1,688 Square Feet Grass +
$3 887.00
DAMAGES:
Cost to Cure +
Proximity +
Other +
,SPECIAL BENEFITS
JC(Just Com ensatlon Amount
$15 2$1.00
REMAINDER: '
Uneconomic Remnant +
Excess Acquisition +
DEDUCTIONS:
Amount Previously Paid
Performance Bond
Salvage Amount
Pre Paid Rent
Other
ADMINISTRATIVE SETTLEMENT +
$34,719.00
Septic Decommissioning +
Sewer Connection Costs for One (1) Single Family Residence +
Removal of Trees. Foliage, Stumps Necessary for the Sewer Connection __ +
!REAL ESTATE EXCISE TAX To Be Paid By City of Port Orchard
AC.tlUlSITltlN AGE J - Right of Way Agent
D i �' C,
Z
Voucher No.
"�
TOTAL AMOUNT PAID
$50,000.00
DATE
AUTHORIZED AGENT FOR AGENCY
Nick Bond AICP
We have agreed to, the compensation listed above as the full and final payment for the loss of our fence and landscaping. The city of
Port Orchard will not, at any time in the future, be responsible for any additional costs above and beyond the amount listed above,
nor for the construction of such improvement (or repair .
IYA-321 IEV2014