032-11 - Resolution - Posession and Use Agreement with Colebank Regarding 1519 Roland AvenueIntroduced by: Gregory A. Jacoby
Requested by: Gregory A. Jacoby
Drafted by: Gregory A. Jacoby
Introduced: September 13, 2011
Adopted: September 13, 2011
RESOLUTION NO. 032-11
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON, APPROVING THE POSSESSION AND USE
AGREEMENT BETWEEN THE CITY OF PORT ORCHARD AND
JAMES AND PAULETIE COLEBANK RELATING TO REAL
PROPERTY LOCATED AT 1519 ROLAND AVENUE
WHEREAS, the City of Port Orchard is undertaking the Tremont Street
Widening Project (the "Project") to widen Tremont Street to provide four continuous
lanes between Port Orchard Boulevard and SR 16, replace two existing signalized
intersections with roundabouts, and construct curb, gutter, sidewalk and other
improvements; and
WHEREAS, in order to construct the Project, the City must acquire right-of-way
along Tremont Street from certain property owners; and
WHEREAS, James and Paulette Colebank are the owners of real property
located at 1519 Roland Avenue, a portion of which the City needs to acquire, together
with a slope easement, for improvements related to the Project (the "Right-of-Way
Property"); and
WHEREAS, the City's right-of-way agent, Universal Field Services, hired an
independent third party appraiser to appraise the Right-of-Way Property and determine
its fair market value and he determined the fair market value is $31,800; and
WHEREAS, the appraiser's value was then subject to a second reVIew
appraiser's determination of value; and
WHEREAS, the Colebanks require additional time to evaluate the City's
appraisal and to resolve questions concerning total just compensation for the Right-of-
Way Property; and
WHEREAS, in order to allow the City to take possession and use of the Right-
of-Way Property so that the Project can stay on schedule, the City and the Colebanks
have agreed to enter into a Possession and Use Agreement; and
WHEREAS, the City will not pay additional compensation to the Colebanks
without commencing a condemnation lawsuit in Kitsap County Superior Court and
receiving approval of additional compensation from a Superior Court judge; now,
therefore;
Resolution No. 032-11
Page 2 ofg
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
THAT: The Possession and Use Agreement between the City of Port
Orchard and James and Paulette Colebank relating to the real property
located at 1519 Roland Avenue is approved and the Mayor Pro Tern is
authorized to execute the Agreement, a copy of which is attached as
Exhibit A.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor Pro
Tern and attested by the Clerk in authentication of such passage this 13th day of September
2011.
After recording, return to:
City of Port Orchard
Public Works Dept.
216 Prospect St
Port Orchard, WA 98366
Document Title: Possession and Use Agreement
Grantor: James W. and Paulette M. Colebank
Grantee: City of Port Orchard
Abbreviated Legal Description: Ptn. of Lots 2, 3 & 5, Block 2, Haywards Home Tracts, 6/46
Assessor's Tax ParceiiD #4038-002-002-0101
Tremont Street Widening Project
Project Parcel #1-042
POSSESSION AND USE AGREEMENT
THIS POSSESSION AND USE AGREEMENT ("Agreement") is dated effective as of the date
last signed below and is made and entered into by and between the City of Port Orchard, a
Municipal Corporation, ("City") and James W. Colebank and Paulette M. Colebank, who
acquired title as Paulette Olszewski, husband and wife ("Owner'').
RECITALS
WHEREAS, the Owner owns certain real property located at 1519 Roland Avenue, Port
Orchard, Washington ("Property"); and
WHEREAS, the City seeks to acquire a portion of the Property for street and related
improvements as part of the Tremont Street Widening Project (the .. Project" or the "Project
Improvements"). Specifically, the City seeks to acquire a portion of the Property and Property
Rights legally described and depicted on Exhibit A and Exhibit B attached hereto ("Fee Take
Area and Slope Easement Area"). Exhibit A and Exhibit B are incorporated here by this
reference and the Fee Take Area and Slope Easement Area is hereinafter referred to as the
"Right-of-Way Property"; and
WHEREAS, the City has made a firm and continuing offer to pay the amount of Thirty One
Thousand Eight Hundred and No/1 00 Dollars ($31 ,800.00) for the purchase of the Right-of-
Way Property pursuant to the terms and conditions of an Offer Letter dated July 9, 2010,
attached hereto as Exhibit C and incorporated by this reference; and
WHEREAS, the Owner requires additional time to evaluate the City's offer to pay the amount
of Thirty One Thousand Eight Hundred and No/100 Dollars ($31 ,800.00) for the Right-of-Way
Page 1 of 7
Property and/or to resolve questions concerning just compensation to be paid for the Right-
of-Way Property; and
WHEREAS, in order to allow the City to take possession and use of the Right-of-Way
Property through the exercise of the City's power of eminent domain and to take possession
so that the City can stay on schedule for the Project, the parties have agreed to enter into
this Agreement.
NOW, THEREFORE, in consideration for the mutual promises contained herein, and other
good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Owner hereby grants to the City the right to possess and use the Right-
of-Way Property on the following terms and conditions:
1. Possession and Use Payment. On or before the Possession and Use Date, provided for
in paragraph 3 below, the City will issue a warrant in payment in the amount of Thirty One
Thousand Eight Hundred and No/100 Dollars ($31,800.00) (the "Possession and Use
Paymentn). The Owner acknowledges and understands that the City will not be
contacting lienholders and requesting a partial reconveyance for the acquired property;
that the lender may have a right to the proceeds from this transaction and the Owner
hereby holds the City of Port Orchard harmless, if the lender requires any portin or all of
the proceeds after this transaction has closed and disbursed and the Owner will pay the
lender directly.
2. The warrant shall be made payable to James W. and Paulette M. Colebank and shall be
delivered to Owner at the address provided in paragraph 14, below.
OWnerlnitia~!~ ~ City lnitia~
The Possession and Use Payment shall be credited against the just compensation to
be paid for the Right-of-Way Property as approved by the Kitsap County Superior
Court in connection with a condemnation action. The Possession and Use Date shall
be the date of recording of this document. The City shall pay the Owner interest at the
statutory rate, from the Possession and Use Date until the date of payment of any
additional compensation, on the difference between the initial payment made and the
total amount of just compensation to be paid for the Right-of-Way Property.
3. Public Use and Necessity. The Parties stipulate and acknowledge that the Right-of-Way
Property is necessary for public use of the City. If it becomes necessary for the City to
institute condemnation proceedings, the Owner waives any objection to the entry of an
Order Adjudicating Public Use and Necessity and stipulates and acknowledges that this
Agreement shall be treated as and accorded the same provisions as an Order for
Immediate Possession and Use.
4. Possession. The City through the exercise of its power of eminent domain, hereby
requests possession and use from the Owner of, and the Owner hereby grants
possession and use to the City of the Right-of-Way Property effective upon recording of
the Agreement (the "Possession and Use Date").
The Owner hereby waives the requirement of a written notice to move, as provided by
RCW 8.26.180, and will surrender possession of the real estate described in Exhibit "A"
to the City no later than 30 days after recording of the Possession and Use Agreement,
unless extended in writing under a separate rental agreement.
5. Term. The term of this Agreement shall run from the date this Agreement is recorded
Page 2 of7
through to the date that title to the Right-of-Way Property transfers to the City whether by
deed or decree.
6. Liability/Indemnity. The Owner and the City hereby agree to indemnify, hold harmless
and defend each other from any and all claims, liability, damages, costs, expenses and
judgments arising from the negligence or intentional misconduct of their respective
officers, employees, agents, contractors, subcontractors, permittees or invitees in the
exercise of their rights under this Agreement, during the Term of this Agreement. The
indemnity provisions of this section shall survive the expiration or earlier termination of
this Agreement.
7. Compliance with Laws. While on the Right-of-Way Property, the City and the Owner and
their respective agents, contractors, subcontractors, permittees, invitees and employees
shall comply with all applicable federal, state, and local laws and regulations.
8. Liens. After payment of the Possession and Use payment described in Section 1, above,
neither the City nor the Owner shall allow any liens to attach to the Right-of-Way
Property.
9. Mutual Cooperation. The Owner and the City each shall reasonably cooperate with each
other in good faith to coordinate scheduling, design, permitting, and construction of their
respective improvements contemplated hereby in a manner intended to maximize design
and construction efficiencies so as to minimize costs and avoid delay for all parties~
10. Negotiations/Form of Deed. The City will continue to negotiate with the Owner for the
acquisition of the Right-of-Way Property pursuant to the exercise of the City's power of
eminent domain. The City and/or the Owner may provide additional appraisal information,
supplied by a state certified and WSDOT approved appraiser, or other applicable cost
information, to the other party for negotiating purposes. If the City and Owner agree on a
price for the Right-of-Way Property, the price shall be subject to approval by Kitsap
County Superior Court and following said approval and the City's payment of additional
monies, if any, the Owner will execute a Quit Claim Deed or other conveyance
documents to the City for the Right-of-Way Property.
11. Condemnation/Court Approval. Because of Owner James W. Colebank's position as a
member of the City Council, the parties agree and acknowledge that the City may file a
condemnation action in Kitsap County Superior Court for the purpose of seeking approval
of any additional payments made to Owner as just compensation for the Right-of-Way
Property.
12. Fees. For purposes of applying RCW 8.25.070 regarding attorneys' and experts' fees,
execution of this Agreement by the Owner shall be deemed to be the Owner's stipulation
to an order of immediate possession and use within the later of 15 days after entry of the
order adjudicating public use and necessity or 30 days after receipt of the City's written
request for immediate possession and use.
13. Condemnation Expenses. The Owner acknowledges that, in response to receiving the
City's offer to purchase the Right-of-Way Property, pursuant to the City's exercise of its
power of eminent domain, the Owner reviewed the City's offer, prepared its response,
and in doing so incurred certain expenses (collectively ~~condemnation Expenses"). The
Page 3 of7
Condemnation Expenses include but are not limited to attorney and appraisal fees
relating to the City 1S offer. In the event the City abandons the Project as to the Property,
the City agrees to reimburse the Owner for any and all reasonable Condemnation
Expenses incurred by the Owner in connection with the City's efforts to condemn the
Right-of-Way Property.
14. Possession. Following the PossessionandUse·oate;theOwner may continue to occupy
the Right-of-Way Property for a period of not more than thirty (30) days unless the parties
execute a lease agreement setting forth the terms and conditions of Owner's continued
use and possession until such time as the City requires use and possession of the Right-
of .. Way Property for the·Project.
15. Driveway Reconstruction. The City acknowledges that, in conjunction with the
construction of the Project, it will perform certain work associated with the reconstruction
of Owner's driveway, as depicted in Exhibit A to the Driveway Reconstruction Permit to
be executed simultaneously with the execution of this Agreement.
16. Contacts. Written notices and any other communications concerning the Property or the
Right-of-Way Property shall be provided to the Representatives of the parties designated
below. Unless otherwise expressly agreed between the parties every notice or response
required by this Agreement to be served upon the City or the Owner shall be in writing
and shall be deemed to have been duly given to the required party: (a) five (5) business
days after being posted in a properly sealed and correctly addressed envelope when sent
by certified mail return receipt requested, postage prepaid, or (b) upon receipt when sent
by overnight delivery though a nationally recognized courier service which provides a
receipt of delivery, or (c) upon receipt when hand delivered.
The notices or responses to the City shall be addressed as follows:
Mark Dorsey
Directory of Public Works
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
360-876-7034
mdorsey@cityofQortorchard. us
The notices or responses to the Owner shall be addressed as follows:
James W. and Paulete M. Colebank
1519 Roland Aveune
Port Orchard, WA 98366
360-876-4619
iimQaulette@msn.com
The City and the Owner may designate other addressees from time to time by
giving written notice to the other.
17. Attorney Fees. Except as provided in Section 11; above, in the event any of the parties
to this Agreement default on the performance of any terms of this Agreement or any party
Page 4 of7
places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit,
the substantially prevailing party shall be entitled to an award of its attorneys' fees, costs
and expenses. The venue for any dispute related to this Agreement shall be Kitsap
County, Washington.
18. Default Failure of a Party to declare any breach or default immediately upon the
occurrence thereof,· or delay in taking any action in lx>nnection with, shall not waive such
breach or default.
19. Assignment. This Agreement and the rights, duties and obligations given hereunder· may
not be assigned. transferred or otherwise conveyed by either the City or the Owner.
20. Merger. This Agreement contains aU of the agreements of the Parties with respect to any
matter covered or mentioned in this Agreement.
21. Recording. A Memorandum of this Agreement may be recorded against the Property
upon execution.
22. Amendment. This Agreement may .not be amended or modified except by written
agreement signed by the Owner and the City.
23. Invalid Provision. Any provision of this Agreement which is declared invalid or illegal
shall in no way affect or invalidate any other provision.
24. Authorized Signer. Each party represents that the individuals executing this Agreement
are duly authorized to execute this Agreement.
25. Time of the Essence. Time is of the essence of this Agreement and each and aU of its
provisions in which performance is a factor.
26. Binding Effect. This agreement is intended to protect the value of the Right~of-Way
Property. as well as the public health, safety, and welfare of the City, and the benefits
and burdens inuring to the Right-of-Way Propertyt and to the City from this Agreement,
shall run with the land, and shall be binding upon Owner and its heirs, successors, and
assigns. and upon the City.
27. Counterparts. This Agreement may be executed in counterparts, each of which shalt be
deemed an original and all of which together shall be deemed one and the same
instrument.
Dated: S-e,(Tt 8 i-f\
Page 5 of7
Dated: >?r:alernl::l::£ ~~~ , 2011.
CITY OF PORT ORCHARD:
f
rick, MMC, City Cl.erk
APPROVED AS TO FORM:
torney
STATE OF WASHINGTON )
)ss.
COUNTY OF KITSAP )
On this day personally appeared before me James W. Colebank and Paulette M. Colebank
known to be the owners of the real property located at 1519 Roland Avenue, Port Orchard,
WA and executed the foregoing instrument and acknowledged the said instrument to be
their free and voluntary act and deed, for the uses and purposes therein mentioned.
GIVEN my hand and official seal this 0 day of ~p/etrJ bM 2011.
_ ~~f!ln-e~ E=~~ Notary Public in and for the State of
Washington, ~
Residing at Qof\:axr r\r)(:t _\((, J UJl\:
My commission expires: ;:')-} --d:o l ~
Page 6 of7
STATE OF WASHINGTON )
)ss.
COUNTY OF KITSAP )
On this day personally appeared before me, John W. Clauson, known to be the Mayor Pro
Tern of the City of Port Orchard, WA and executed the foregoing instrument, and
acknowledged said instrument to be the free and voluntary act and deed of said City, for the
uses and purposes therein mentioned, and on oath stated that he was authorized to execute
said instrument.
GIVEN my hand and official seal this 1~3
of
Page 7 of7
TREMONT STREET WIDENING
PARCEL NO. 1-042
TAX PARCEL 40380020020101
KITSAP COUNTY
RIGHT-OF-WAY ACQUISITION
RIGHT-OF-WAY ACQUISITION DESCRIPTION:
THE NORTH I4.00 FEET OF TRACT "X" LYING SOUTHERLY OF TREMONT STREET, LOCATED IN THE
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER, SECTION 35, TOWNSHIP 24 NORTH, RANGE
I EAST, WILLAMETTE MERIDIAN, IN KITSAP COUNTY, WASHINGTON.
TRACT''X"
THAT PORTION OF LOTS 2, 3, AND 5, BLOCK 2, HAYWARD'S HOME TRACTS, ACCORDING
TO THE PLAT RECORDED IN VOLUME 6 OF PLATS, PAGE 46, RECORDS OF KIT SAP COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE EAST LINE OF LOT 5, SAID BLOCK 2, WITH THE
SOUTH LINE OF COUNTY ROAD KNOWN AS ALDER ROAD EXTENSION TO TREMONT
STREET, AS CONVEYED TO KITSAP COUNTY BY DEED RECORDED UNDER AUDITOR'S FILE
NO. 676506; THENCE WEST ALONG THE SOUTH LINE OF SAID ROAD, I 35 FEET; THENCE
SOUTH 180 FEET; THENCE EAST 135 FEET TO THE EAST LINE OF SAID LOT 5; THENCE
NORTH ALONG SAID EAST LINE TO THE POINT OF BEGINNING.
TOTAL AREA OF SAID ACQUISITION CONTAINING 1,889 SQUARE FEET, MORE OR LESS.
87+00
----------j------\-----I---------88+00
----· --+---
\_RIGHT-OF-WAY REFERENCE
LINE = "'Rwl LINE
STA. "'Rwl 86+60.52
30.00 RT """
w S89"42'07"E """ !i= /
-'U.OU t< I STA. "Rwl 87+95.44
: ----r--·-
~hQ.__ 134.92' '(-,~
t a:> ·o 1-o·t:X>
~ ..t -_· t.t-·:t" g ...-N89~42.~07"W -g
z I I .. -... ... • in· !-/ ! 'J~.~L l ~---
1 I . ~ ;
~'---.. J I
I 1-o42
I 4o3soo2oo o1o1
) COLEBANK
I
~
63
~ > ..
TREMONT STREET WIDENING
PARCEL NO. 1-042
TAX PARCEL40380020020101
KlTSAP COUNTY
SLOPE EASEMENT DESCRIPTION:
EXHffiiT"B"
SLOPE EASEMENT
THAT PORTION OF TRACT "X" LYING SOUTH OF TREMONT STREET, LOCATED IN THE NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER, SECTION 35, TOWNSHIP 24 NORTH, RANGE 1 EAST,
WlLLAMETIE MERIDJAN, IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 30.00 FEET RIGHT OF STATION 87+95.44 WHEN MEASURED AT RIGHT
ANGLES FROM THE TREMONT STREET RIGHT-OF-WAY REFERENCE LINE KNOWN AS THE RwT-
LINE, SAID POINT BEING THE NORTHEAST CORNER OF SAlD TRACT "X"; THENCE SOUTH 00°48'35"
WEST A DISTANCE OF 14.00 FEET ALONG THE EAST BOUNDARY LINE, TO A POINT LOCATED 44.00
FEET RIGHT OF STATION 87+95.31 WHEN MEASURED AT RIGHT ANGLES FROM THE RwT-LlNE,
SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE NORTH 89°42'07" WEST A DISTANCE OF 75.31 FEET ALONG A LINE OFFSET 14.00 FEET AND
PARALLEL TO THE NORTH BOUNDARY LINE, TO A POINT LOCATED 44.00 FEET RIGHT OF STATION
R7+20.00 WHEN MEASURED AT RIGHT ANGLES FROM THE RwT-LINE; THENCE SOUTH 00°17'53"
WEST A DISTANCE OF 2.00 FEET; THENCE SOUTH 89°42'07" EAST A DISTANCE OF 75.29 FEET ALONG
A LINE OFFSET 16.00 FEET AND PARALLEL TO THE NORTH BOUNDARY LINE, TO A POINT ALONG
THE EAST BOUNDARY LINE LOCATED 46.00 FEET RIGHT OF STATION 87+95.29 WHEN MEASURED
AT RIGHT ANGLES FROM THE RwT-LlNE; THENCE NORTH 00°48'35" EAST A DISTANCE OF 2.00 FEET
ALONG THE EAST BOUNDARY LINE, TO THE TRUE POINT OF BEGINNING.
TRACT"X"
THAT PORTION OF LOTS 2, 3, AND 5, BLOCK 2, HAYWARD'S HOME TRACTS, ACCORDING
TO THE PLAT RECORDED IN VOLUME 6 OF PLATS, PAGE 46, RECORDS OF KJTSAP COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE EAST LINE OF LOT 5, SAID BLOCK 2, WITH THE
SOUTH LINE OF COUNTY ROAD KNOWN AS ALDER ROAD EXTENSION TO TREMONT
STREET, AS CONVEYED TO KITSAP COUNTY BY DEED RECORDED UNDER AUDITOR'S FILE
NO. 676506; THENCE WEST ALONG THE SOUTH LINE OF SAID ROAD, 135 FEET; THENCE
SOUTH I 80 FEET; THENCE EAST 135 FEET TO THE EAST LlNE OF SAID LOT 5; THENCE
NORTH ALONG SAID EAST LlNE TO THE POINT OF BEGINNING.
TOTAL AREA OF SAID EASEMENT CONTAINING 151 SQUARE FEET, MORE OR LESS.
lO 88+00
------------------+-----~---------~-----------------~
\_RIGHT -OF-WAY REFERENCE
UNE = "RwT" LINE
N89"42'07"W
75.31'
75.29"
S89"42"07"E
/ ,· ,·
STA. '"Rwi' 87+95.29
46.00' RT
~
STA. '"Rwl .. 87+95.44
30.00' RT
EXHIBrr "B•
/
_!.::.
1-043
403800200601
RECH
July 9, 2010
James W. and Paulette M. Colebank
1519 Roland Avenue
Port Orchard, WA 98366
Exhibit C
Re: Tremont Street Widening (SA 16 to Port Orchard Blvd) Project
Project Parcel # 1-042
Parcel Tax 10 No. 4038-002-002·0101
Dear Mr. and Mrs. Colebank:
Northwest Division-Washington
111 Main Stroot, #1 05
Edmonds, WA G8020
Office: 425/673-5559
Fax: 425/673-5579
Toll Free: 1-866-673-5559
www.ufsrw.com
The City of Port Orchard plans to proceed with the above-referenced project. As part of this project,
certain property or property rights need to be purchased from you as identified on the enclosed right-of-
way plan as Project Parcel # 1-042.
The City's offer for the purchase of the property or property rights is as follows:
Lands Conveyed Fee: 1 ,889 SF (m/1)
Lands Conveyed Easement: Slope 151 SF (m/1)
Improvements: Landscaping (2,171 SF) & Fencing (120 lin. Ft.)
Damages: None
Total
$14,700.00 (R)
300.00 (R)
16,800.00
$31,800.00
Your property has been examined by a Washington State Certified Appraiser and qualified Review
Appraiser who have carefully considered all the elements that contribute to the market value of your
property. By law, they must disregard any general increase or decrease in value caused by the project
itself.
Overhead utility lines will be installed underground as part of this project. The City of Port Orchard is
paying the cost of undergrounding the utilities up to the service connection point, as determined by the
City. If the contractor does not have permission to enter your property for the purpose of
undergrounding the utilities, you will need to coordinate with the utility companies and pay for the
undergrounding yourself or the utilities could be disconnected.
Additionally as part of this project, your driveway approach needs to be rebuilt to match the new
roadway grade. The driveway cannot be rebuilt without your permission. Please sign the enclosed
Driveway Reconstruction Permit and return it in the enclosed envelope. If the contractor does not
have permission to enter your property for the purpose of regrading the driveway. you will need to take
care of it at a later date at your own expense.
You may wish to employ professional services to evaluate the City's offer. If you do so, we suggest you
employ well-qualified evaluators so the resulting evaluation report will be useful to you in deciding
whether to accept the City's offer. At the time of final settlement, the City will reimburse you up to
$750.00 of your evaluation costs upon submission of the bill or paid receipt.
COORDINATED RIGHT OF WAY SERVICES SINCE 1958
'v'uu rTiay expect payment to be made available approx·Jmately 60 to 90 days after you accept the City's
offer. provided thai there are no delays in cleanng the ti118 and closing Tt1e date on which payment IS
made available is called the "date ot clos1ng." On that date, the City becurnes the owner of the properly
purchased and responsible for 1ts control and rnanageme11l
Please understand that every effort will be made to come to an agreement regarding this offer, however,
If mutual agreement regarding this offer cannot eventually be reached through voluntary negotiations.
the City, acting in the public interest, may use 1ts right of eminent doma1n to acquire the above-
referenced property or property rights for public use. In conformity with the Washington State
Constitution and laws, the City Attorney will file a condemnation suit and arrange a trial to determine the
just compensation to be paid tor 1t1e property. This action is taken to ensure your rights as an individual
property owner and the rights of all City of Port Oq::hard taxpayers are equally protected.
Recognizing your need for a concise statement of the offer, we have attempted by this letter to
summarize the rights available to you. We sincerely hope this information will t)e of assistance 1n
reaching a decision.
Enclosed please find ttle following.
A. A plan sheet showing the property rights we wish to acquire.
B The necessary legal docurnents for the transferring of the properly or propf)r1y nqhts to
the City of Port Orchard.
C A voucher setting forth the details of this transaction.
0. A "Taxpayer Identification Number" Solicitation.
E. A Driveway Reconstruction Permit.
F. An Escrow Agreement.
Particulars of the property and/or property rights to be acquirE~d r~re set tortt1 1n the docurnent(s) ol
conveyance to the City of Port Orct1ard.
Your acceptance of the offer will be dE~monstrated by your Signing the enclosed documents, having
them notarized where so indicated, and returning thern to Universal Field Services in the enclosed,
stamped envelope. You may visit a Notary of your choice, however, I am a Notary and available to
rneel with you to notarize the documents if you so dt-)sire
As the Right-of-Way Consultant actmg on behalf of the City of Port Orchard, I have been des1gnated as
the City's acquisition agent for this rarcel. If you wish to d1scuss the offer further or have additional
questions, please feel free to contact me directly at 425-678-5559, or toll free at 1-866-673·5559.
Sincerely,
~ ..
Steve Reinhart
Right-of-Way Agent
Enclosures
Receipt of lhts letter is ~1ereby acknowleciged:
Owner
(Si~Jnature atXNE clues nul rrwnn acceptance t.JI offPi )
Date