004-24 - Resolution - Purchase of Property for the Pottery Ave Sidewalk ExtensionDocuSign Envelope ID: FOA7201 D-12AE-4F5A-8D6C-46E5F4BBE30D
RESOLUTION NO. 004-24
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING
RESOLUTION NO. 125-23 AND 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 for associated landscaping to redress Project impacts on the
Property; 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, negotiated the terms of purchase by the City of the
Property; and
WHEREAS, the City Council previously authorized the purchase for a total price of
$50,000 via Resolution No. 125-23 on December 19, 2023, but the City's Consultant identified
additional costs associated with the purchase that require Council approval;
WHEREAS, the Port Orchard City Council finds it is in the best interest of the City to
authorize the acquisition of the Property for up to $52,000, 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, as well as title insurance, excise tax,
and recording costs; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
DocuSign Envelope ID: FOA7201 D-12AE-4F5A-8D6C-46E5F4BBE30D
Resolution No. 004-24
Page 2 of 9
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: Resolution No. 125-23 is hereby amended as follows:
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, Recording
Fees, and Title Insurance in an amount not to exceed $2,000, for a total acquisition cost
not to exceed $52,000, and 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 23rd day of January 2024.
ATTEST:
DocuSigned by:
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Brandy Wallace, MMC, City Clerk
DocuSigned by:
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Robert Putaansuu, Mayor
OR
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DocuSign Envelope ID: FOA7201 D-12AE-4F5A-8D6C-46E5F4BBE30D
Exhibit A
ORCHARD
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:
1,688 Square Foot (m/I) fee title
$11,394.00
Improvements: Landscaping (Grass & FencinP)
$ 3,887.00
Cost to Cure — Sewer Connection Costs
$34,719.00
Total Compensation:
$50,000.00
PUBLIC WORKS DIRECTOR PHONE (360)876.49911 FAX (360) 876.4980
216 PROSPECT ST PORT ORCHARD, WA 98366 EMAIL: PUBLICWORKS@CITYOFPORTORCHARD.US
W WW.CITYOFPORTORCHAR D.US
DocuSign Envelope ID: FOA7201D-12AE-4F5A-8D6C-46E5F4BBE30D
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 Port Orchard, WA 98366
(564) 205-0131 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.
Zfwf 4 _--� -,— A elm 14-3
Siure Date
l
rt23
AMIQ&M
Signature Date
PUBLIC WORKS PHONE (360)876.4991 I FAX (360) 876.4980
216 PROSPECT ST PORT ORCHARD, WA 98366 EMAIL: PUBLICWORKS@CITYOFPORTORCHARD.US
WW W.CITYOFPORTORCHARD.US
DocuSign Envelope ID: FOA7201 D-12AE-4F5A-8D6C-46E5F4BBE30D
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: FOA7201 D-12AE-4F5A-8D6C-46E5F4BBE30D
WARRANTY DEED
Date: / V otr(�y I 411 2B?i3
R ce D. Magl4eson
Desray Ma eson
Accepted and Approved
City of Port Orchard
By:
Robert Putaansuu
Mayor
Date:
STATE OF WASHINGTON )
ss
County of i
efore me personally appeared Royce D.
On this day of 4yet" � 20
Magneson and Desray Ma ng eson to me known to be the individuals described in and
who executed the foregoing instrument, and acknowledged that Mhey 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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NOTARY
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LPA-302 �i��OF'WA?N�
10/2014
Notary P 1c i for the State of
Washington, residing at h
My commission expires % ,Z c
Page 2 of (4) Pages
Parcel No. 342401-4-023-2002
DocuSign Envelope ID: FOA7201 D-12AE-4F5A-8D6C-46E5F4BBE30D
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
WOCOEDAVID EVANS
ANDASSOCIATES INC.
14432 SE Eastgate Way, Suite 400
Bellevue, WA96007
425,519,6500
DocuSign Envelope ID: FOA7201 D-12AE-4F5A-8D6C-46E5F4BBE30D
WARRANTY DEED
34 3'.
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CL RIGHT OF WAY (0 U)
SUNSET LN
FOUND 3 1/2" BRASS CAP
STAMPED"WASHINGTON
COUNTY REFERENCE T23N RV
IN CASING
I� 30'
342401-4-023-2002 lu� rS88°18'02"E
1 RESULTANT PARCEL 120.00'� I
DECLARATION OF 20' RNV TAKE W
BOUNDARY LINE ADJUSTMENT 1,688 S.F. ,
REC NO. 20161206168 M I M I' �' >
GRAPHICAL DEPICTION 10n ¢ Q
ROS REC NO. 20161206169 I I � u- �//
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— 120.00' a
POINT OF Tr
BEGINNING
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EXHIBIT B
N88°18'02"W
10.00,
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+1
25' 50'
Grantor's Initials
POINT OF COMMENCEMENT
FOUND 3 1/2" BRASS CAP
34 35 STAMPED "WASHINGTON
COUNTY REFERENCE T23N RV
IN CASING
3 2
TAX PAYER
MAGNESON ROYCE D
TAX PAYER ADDRESS
1608 POTTERY AVE PORT ORCHARD, WA 98366
SITE ADDRESS
1608 POTTERY AVE PORT ORCHARD, WA 98366
TAKE AREA
1,688 S.F.
SECTION
NE 1/4, SE 1/4 SEC. 34, TWP 24 N., RNG. 01 E., W.M.
FAVID EVANS
AND ASSOC IATE SING.
14432 SE Eastgate Way, Suite 400
Bellows Washington 98007
Phone'. 425.519.6500
LPA-302 Page 4 of (4) Pages Parcel No. 342401-4-023-2002
10/2014
DocuSign Envelope ID: FOA7201 D-12AE-4F5A-8D6C-46E5F4BBE30D
REAL PROPERTY VOUCHER
AGENCY NAME
I hereby certify under penalty of perjury that the items and amounts listed herein are
City of Port Orchard
proper charges against the Agency, that the same or any part thereof
has not been paid, and that I am authorized to sign for the claimant.
216 Prospect St
SIGNATURE (IN INK) FOR EACH CLAIMANT
DATED
Port Orchard WA 98366
GRANTOR OR CLAIMANT (NAME, ADDRESS) TIN/SSN:
X
Royce D. and Desray Magneson
Royc D. Magneso
1608 Pottery Avenue, Port Orchard WA 98366
I lCllt�13
PROJECT NO. AND TITLE
PW 2023-002
Pottery Ave Sidewalk Extension and Road Diet Project
X
FEDERALAIDNO.
PARCEL NO.
Desray Magn on
N/A
1342014-023-2002
In ful, compete and final payment and settlement for the title or Interest conveyed or released, as fully set forth in:
DATED
$ AMOUNT
LAND:
1,688 Square Feet m/1 Fee Title +
$11 394.00
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 Compensation) Amount
$15 281.00
REMAINDER:
Uneconomic Remnant +
Excess Acquisition +
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, Stamps Necessary for the Sewer Connection +
REAL ESTATE EXCISE TAX To Be Paid By City of Port Orchard
ACQUISITION AGE J s - Right of Way Agent
DATE
+��
Voucher No.
TOTAL AMOUNT PAID
$50,000.00
DATE
AUTHORIZED AGENT FOR AGENCY
Nick Bond AI
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).
LPA-321 1012014