027-05 - Resolution - No Protest Agreement Regardig Improvements to Lovell StreetRESOLUTION NO. 027-05
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON,
AUTHORIZING THE MAYOR TO ENTER INTO A NO PROTEST
AGREEMENT CONCERNING CERTAIN IMPROVEMENTS THAT MAY
BE MADE TO LOVELL STREET
WHEREAS, RCW 35.43.182 authorizes a property owner to enter into an
agreement with a city waiving the property owner's right to protest formation of a local
improvement district; and
WHEREAS, Eagle Homes, Inc. is the owner of six building lots abutting Lovell
Street; and
WHEREAS, Eagle Homes, Inc. has agreed to make certain improvements to
Lovell Street consisting of a 20 foot wide paved access road and related storm drainage system
as a condition precedent to developing the building lots; and
WHEREAS, Eagle Homes, Inc. has agree to waive its right to protest formation
of a local improvement district that may be established in the future to finance additional
improvements to Lovell Street, including curb, sidewalk, street lighting, traffic signage, striping,
landscaping, and the undergrounding of franchise utilities; now, therefore;
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON,
HEREBY RESOLVES AS FOLLOWS:
THAT: The Mayor is hereby authorized to execute a No Protest
Agreement on behalf of the City of Port Orchard with Eagle
Homes, Inc. concerning certain improvements that may be made
to Lovell Street. A copy of the No Protest Agreement is attached
hereto as Exhibit A.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
by the Clerk in authentication of such passage this lOth day of October 2005.
KIM E. ABEL, MAYOR
ATTEST:
lllllllllllllllllllllllllll
PORT ORCHARD CITY OF
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After recording return/to:
City Clerk
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
NO PROTEST AGREEMENT
AND COVENANT RUNNING WITH LAND
N f-\v'l '11'\QO Af_DN ICJ 81 ONEY
Legal Description: Lots A, B, C, D, E, F, G, H, I, J, being the resultant parcels of
boundary line adjustment recorded under Kitsap County Auditor's
File No. 3174262 (complete legal description attached as
Exhibit A).
Tax Parcel No: 4598 014 002 0009; 4598 014 003 0008; 4598 014 004 0007;
4598 014 014 0005; 4598 014 015 0004; 4598 014 016 0003;
4598 015 002 0006; 4598 015 003 0005; 4598 015 013 0003;
4598 015 015 0001
October
This Agreement is made this 11th day of .Ju!)l, 2005 between Eagle Homes,
Inc. (Owners), and the City of Port Orchard, Washington ("City").
RECITALS:
A. The Owners warrant that they are the owners of the real property listed above
and legally described on the attached Exhibit A (referred to herein as the
"Properties").
B. The Owners are proposing to develop the Properties located on Lovell Street,
Port Orchard, Washington.
C. In the future, certain improvements may be made to Lovell Street between
Whittier Avenue SE and Wendell Avenue SE consisting of the construction of
asphalt road, construction of a storm water collection system, curb and sidewalk,
street lighting, traffic signage, striping, landscaping and the undergrounding of
franchise utilities ("the improvements").
D. As a condition precedent to granting approval for the future development of
the Properties, the City requires that the Owners agree that, if and when a
Local Improvement District or Utility Local Improvement District
(collectively referred to herin as a "LID") is formed for the purpose of
constructing the improvements, the Owners will not file a protest against the
formation of said LID and that the promise to abstain from protest shall be a
covenant running with the land binding on all subsequent owners.
E. The city Council of the City of Port Orchard has authorized the Mayor to
execute this Agreement.
Now, therefore, in consideration ofthe mutual promises of the parties and the
other good and valuable consideration, the parties hereby agree as follows:
l. All of the recitals set forth above are adopted by the parties as material
elements of this Agreement.
2. In the event that a LID is formed for the purpose of constructing the
Improvements, the Owners hereby agree to waive rights under RCW
35.43.180 to protest said information.
3. This Agreement shall constitute a covenant running with the land legally
described in Exhibit "A" and shall be binding on the parties and their
respective heirs; executors, successors, grantees, and assignees.
4. The parties' obligations hereunder shall terminate ten years from the date
set forth above.
5. If any court or tribunal declares any provision of this Agreement to be
invalid, the remaining provisions of this Agreement shall not be affected
thereby.
6. In the event of any dispute arising from the terms and conditions of this
Agreement, the prevailing party shall be entitled to his attorney's fees and
reasonable costs. Venue shall be in Kitsap County Superior Court.
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IN WITNESS WHEREOF, the parties hereto have signed and sealed this
Agreement the day and year first above written.
CITY OF PORT ORCHARD
By:-=------~=-· -cc:-,M-=:-:5'-:-. _.AbJ __
KIM E. ABEL, Mayor
Attest:
~2
STATE OF WASHINGTON
County of~ K..t fr;;ap
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)
)
ss.
PROPERTY OWNER
\
I certify I know or have satisfactory evidence that Jody Cryder is the person who
appeared before me, and said person acknowledged that he signed this instrument and
acknowledged it to be his free and voluntary act for the uses and purposes mentioned in
the instrument.
DATED J~cJ/ , 2005.
3
STAT~WASHINGTON )
County ofP1~ j ss.
I certify that I know~ ave satisfactory evidence that Jody Cryder is the person
who appeared before me, and said on acknowledged that he signed this instrument
and acknowledged it to be his free and ntary act for the uses and purposes mentioned
in the instrument
DATED ________ ,, 2005.
NOTARY PUBLIC
Print Name:
My appointm_e_n_t e-x-p7ir-e-s: __________ -_-_-_--"_'::s:::;-"
',
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PORT ORCHARD CITY OF
"EXHIBIT A"
EAGLE HOMES, INC.
NAVY YARD ADDN TO SIDNEY
LOT# TAXID#
A 4598 014 002 0009
B 4598 014 003 0008
c 4598 014 004 0007
D 4598 014 014 0005
E 4598 014 015 0004
F 4598 014 016 0003
G 4598 015 002 0006
H 4598 015 003 0005
I 4598 015 013 0003
J 4598 015 015 0001
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FOLLOWING DESCRIBED PROPERTY: LOTS 1 THROUGH 4, INCLUSIVE, AND LOTS 13-
16, INCLUSIVE, BLOCK 14, NAVY YARD ADDITION TO SIDNEY, AS RECORDED IN
VOLUME 1 OF PLATS, PAGE 87, RECORDS OF KITSAP COUNTY, WASHINGTON;
TOGETHER WITH THAT PORTION OF VACATED RUSSELL A VENUE WHICH
ATTACHES TO SAID PROPERTY BY OPERATION OF LAW, ALSO TOGETHER WITH
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PROPERTY BY OPERATION OF LAW. ALSO LOTS 1, 2, 3 AND 4, BLOCK 15, NAVY YARD
ADDITION TO SIDNEY, AS RECORDED IN VOLUME 1 OF PLATS, PAGE 87, RECORDS
OF KITSAP COUNTY, WASHINGTON; TOGETHER WITH THAT PORTION OF VACATED
WENDELL AVENUE WHICH ATTACHES TO SAID PROPERTY BY OPERATION OF LAW;
ALSO TOGETHER WITH THAT PORTION OF VACATED LOVELL STREET WHICH
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RESULTANT PARCEL B OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER
AUDITOR'S FILE NO. 3174262 DESCRIBED AS FOLLOWS: THE WEST 48 FEET OF THE
EAST 96 FEET OF THE FOLLOWING DE.'ICRIBED PROPERTY: LOTS 1 THROUGH 4,
INCLUSIVE, AND LOTS 13·16, INCLUSIVE, BLOCK 14, NAVY YARD ADDITION TO
SIDNEY, AS RECORDED IN VOLUME 1 OF PLATS, PAGE 87, RECORDS OF KITSAP
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BLOCK 15, NAVY YARD ADDITION TO SIDNEY, AS RECORDED IN VOLUME 1 OF
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THAT PORTION OF VACATED WENDELL AVENUE WHICH ATTACHES TO SAID
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RESULTANT PARCEL D O"F BOUNDARY LINE ADJUSTMENT RECORDED UNDER
AUDITOR'S FILE NO. 3174262, DESCRIBED AS FOLLOWS: THE WEST 48 FEET Of' THE
EAST 192 FEET OF THE FOLLOWING DESCRIBED PROPERTY: LOTS 1 THROUGH 4,
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BLOCK 15, NAVY YARD ADDITION TO SIDNEY. AS RECORDED IN VOLUME 1 OF
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THAT PORTION OF VACATED WENDELL A VENUE WHICH ATTACHES TO SAID
PROPERTY BY OPERATION OF LAW, ALSO TOGETHER WITH THAT PORTION OF
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RESULTANT PARCEL E OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER
AUDITORS FILE NO. 3174262 DESCRIBED AS FOLLOWS: THE WEST 49 FEET OF THE
EAST 241 FEET OF THE FOLLOWING DESCRIBED PROPERTY: LOTS 1 THROUGH 4,
INCLUSIVE, AND LOTS 13-16, INCLUSIVE, BLOCK 14, NAVY YARD ADDITION TO
SIDNEY, AS RECORDED IN VOLUME 1 OF PLATS, PAGE 87, RECORDS OF KITSAP
COUNTY, WASHINGTON; TOGETHER WITH THAT PORTION OF VACATED RUSSELL
A VENUE WHICH ATTACHES TO SAID PROPERTY BY OPERATION OF LAW; ALSO
TOGETHER WITH THAT PORTION OF VACATED WENDELL A VENUE WHICH
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BLOCK 16, NAVY YARD ADDITION TO SIDNEY. AS RECORDED IN VOLUME 1 OF
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THAT PORTION OF VACATED WENDELL AVENUE WHICH ATTACHES TO SAID
PROPERTY BY OPERATION OF LAW; ALSO TOGETHER WITH THAT PORTION OF
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AUDITORS FILE NO. 3174262 DESCRIBED AS FOLLOWS: THE WEST 49 FEET OF THE
EAST 290 FEET OF THE FOLLOWING DESCRIBED PROPERTY: LOTS 1 THROUGH 4,
INCLUSIVE, AND LOTS 13-16, INCLUSIVE, BLOCK 14, NAVY YARD ADDITION TO
SIDNEY, AS RECORDED IN VOLUME 1 OF PLATS, PAGE 87, RECORDS OF KITSAP
COUNTY, WASHINGTON; TOGETHER WITH THAT PORTION OF VACATED RUSSELL
A VENUE WHICH ATTACHES TO SAID PROPERTY BY OPERATION OF LAW; ALSO
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RESULTANT PARCEL G OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER
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EAST 338.5 FEET OF THE FOLLOWING DESCRIBED PROPERTY: LOTS 1 THROUGH 4,
INCLUSIVE, AND LOTS 13-16, INCLUSIVE, BLOCK 14, NAVY YARD ADDITION TO
SIDNEY, AS RECORDED IN VOLUME 1 OF PLATS, PAGE 87, RECORDS OF KITSAP
COUNTY, WASHINGTON; TOGETHER WITH THAT PORTION OF VACATED RUSSELL
AVENUE WHICH ATTACHES TO SAID PROPERTY BY OPERATION OF LAW; ALSO
TOGETHER WITH THAT PORTION OF VACATED WENDELL AVENUE WHICH
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BLOCK 15, NAVY YARD ADDITION TO SIDNEY, AS RECORDED IN VOLUME 1 OF
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THAT PORTION OF VACATED WENDELL AVENUE WHICH ATTACHES TO SAID
PROPERTY BY OPERATION OF LAW.
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NAVY YARD ADDN TO SIDNEY
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SIDNEY, AS RECORDED IN VOLUME I OF PLATS, PAGE 87, RECORDS OF KITSAP
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THAT PORTION OF VACATED WENDELL AVENUE WHICH ATTACHES TO SAID
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OF LAW, SITUATE IN KITSAP COUNTY, WASHINGTON; EXCEPT THE EAST 338.5 FEET
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NORTH 20 FEET OF THE l''OLLOWING DESCRIBED PROPERTY: LOTS 1, 2, 3 AND 4,
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THAT PORTION OF VACATED WENDELL AVENUE WHICH ATTACHES TO SAID
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NAVY YARD ADDN TO SIDNEY
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RESULTANT PARCEL I OF BOUNDARY LINE ADJUSTMENT RECORDED l.J;\IDER
AUDITOR'S FILE NO. 3174262 DESCRIBED AS FOLLOWS: THE NORTH 77.6 FEET OF
THE FOLLOWING DESCRIBED PROPERTY: LOTS 12, 13, 14, 15 AND 16, BLOCK 15,
NAVY YARD ADDITION TO SIDNEY, AS RECORDED IN VOLCME 1 OF PLATS, PAGE 87,
RECORDS OF KITSAP COUNTY, WASHINGTON; TOGETHER WITH THAT PORTION OF
VACATED LOVELL STREET WHICH ATTACHES TO SAID PROPERTY BY OPERATION
OF LAW, SITUATE IN KITSAP COUNTY, WASHINGTON; SUBJECT TO AND TOGETHER
WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS AND CTILITIES
PURPOSES OVER, UNDER AND ACROSS THE EAST 15 FEET THEREOF; ALSO
TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS AND
UTILITIES PURPOSES OVER, UNDER AND ACROSS THE NORTH 20 FEET OF THE
FOLLOWING DESCRIBED PROPERTY: LOTS 1, 2, 3, AND 4, BLOCK 15, NAVY YARD
ADDITION TO SIDNEY, AS RECORDED IN VOLUME I OF PLATS, PAGE 87, RECORDS
OF KITSAP COUNTY, WASHINGTON; TOGETHER WITH THAT PORTION OF VACATED
WENDELL AVENUE WHICH ATTACHES TO SAID PROPERTY BY OPERATION OF LAW;
ALSO TOGETHER WITH THAT PORTION OF VACATED LOVELL STREET WHICH
ATTACHES TO SAID PROPERTY BY OPERATION OF LAW; SITUATE IN KITSAP
COUNTY, WASHINGTON. --
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Situs Address
RESULTANT PARCEL 'J' OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER
AUDITOR'S FILE NO. 3174262, DESCRIBED AS FOLLOWS: LOTS 12, 13, 14, 15 AND 16,
BLOCK 15, NAVY YARD ADDITION TO SIDNEY, AS RECORDED IN VOLUME 1 OF
PLATS, PAGE 87, RECORDS OF KITSAP COUNTY. WASHINGTON; TOGETHER WITH
THAT PORTION OF VACATED LOVELL STREET WHICH ATTACHES TO SAID
PROPERTY BY OPERATION OF LAW. SITUATE IN KITSAP COUNTY, WASHINGTON;
EXCEPT THE NORTH 77.5 FEET THEREOF; TOGETHER WITH A NON-EXCLUSIVE
EASEMENT FOR INGRESS, EGRESS AND UTILITIES PURPOSES OVER. UNDER AND
ACROSS THE NORTH 20 FEET OF THE FOLLOWING DESCRIBED PROPERTY: LOTS 1,
2, 3 AND 4, BLOCK 15, NAVY YARD ADDITION TO SIDNEY, AS RECORDED IN VOLUME
1 OF PLATS, PAGE 87, RECORDS OF KITSAP COUNTY, WASHINGTON; TOGETHER
WITH THAT PORTION OF VACATED WENDELL A VENUE WHICH ATTACHES TO SAID
PROPERTY BY OPERATION OF LAW; ALSO TOGETHER WITH THAT PORTION OF
VACATED LOVELL STREET WHICH ATTACHES TO SAID PROPERTY BY OPERATION
OF LAW, SITUATE IN KITSAP COUNTY, WASHINGTON; ALSO TOGETHER WITH A
NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS AND UTILITIES PURPOSES
OVER, UNDER AND ACROSS THE EAST 16 FEET OF THE NORTH 77.5 FEET OF THE
FOLLOWING DESCRIBED PROPERTY: LOTS 12, 13, 14,15 AND 16. BLOCK 15, NAVY
YARD ADDITION TO SIDNEY, AS RECORDED IN VOLUME 1 OF PLATS, PAGE 87,
RECORDS OF KITSAP COUNTY, WASHINGTON; TOGETHER WITH THAT PORTION OF
VACATED LOVELL STREET WHICH ATTACHES TO SAID PROPERTY BY OPERATION
OF LAW, SITUATE IN KITSAP COUNTY, WASHINGTON. -·
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