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025-11 - Resolution - Stormwater Pond and Appurtenances for Flower Meadows Division IIntroduced by: Public Works Director Requested by: Public Works Director Drafted by: City Attorney Reviewed by: Public Works Director Introduced: August 9, 2011 Adopted: August 9, 2011 RESOLUTION NO. 025-11 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, ACCEPTING THE STORM WATER POND AND STORMWATER APPURTENANCES FOR FLOWER MEADOWS DVISION I PURSUANT TO THE FINAL PLAT APPROVED BY THE CITY UNDER RESOLUTION NO. 1988 WHEREAS, in 2002 the City Council of the City of Port Orchard approved the plat of Flower Meadows Division I; and WHEREAS, the Flower Meadows Division I plat states that "[t]the storm water pond located on [Tract A] will be accepted by the City of Port Orchard upon final plat acceptance of the last division within the Flower Meadows subdivision;" and WHEREAS, the City has not heretofore accepted the storm water pond located within the Flower Meadows Division I plat as part of the City's storm water maintenance program; and WHEREAS, the storm water pond within the Flower Meadows Division I plat is currently in a poor condition and in need of maintenance and repair; and WHEREAS, the current representatives of the Flower Meadows Division I Home Owner's Association which is responsible for the storm water pond are Charles and Marguerite Childress who have indicated that they are willing to signed the attached deed conveying Tract A of the Flower Meadows Division I plat to the City; and WHEREAS, current representatives of the Flower Meadows Division I Home Owner's Association which is responsible for storm water facilities and appurtenances are Charles and Marguerite Childress who have indicated that they are willing to signed the attached bill of sale conveying the entire storm water system located within Tract A and within the City's right-of-way within the Flower Meadows Division I plat to the City; and WHEREAS, the City Council finds that it is in the best interest of the residents of the Flower Meadows Division I plat, as well as the health and safety of its citizens to accept the storm water system located within the Flower Meadows Division I plat as part of the City's storm water system; now, therefore; Resolution No. 025-11 Page 2 of 6 THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The City accepts the storm water system located within the Flower Meadows Division I plat as part of the City's storm water system and upon execution by persons which legal authority, hereby accepts the deed and bill of sale which are attached hereto and incorporated by reference as Exhibit A. 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 this gth day of August 2011. AFTER RECORDING MAIL TO: City Clerk City of Port Orchard 216 Prospect Street Port O rchard, WA 98366 QUIT CLAIM DEED GRANTOR: FLOWER MEADOWS DIVISION I HOME OWNER 'S ASSOCIATION GRANTEE : CITY OF PORT ORCHARD LEGAL DESCRIPTION : TRACT A (STORM DRAINAGE), FLOWER MEADOWS DIVISION 1, AS RECORDED IN VOLUME 31 OF PLATS, PAGES 1 THROUGH 4, INCLUSIVE , RECORDS OF KITSAP COUNTY, WASHINGTON ; SI T UATE IN KITSAP COUNTY, WASHINGTON . ASSESSOR'S PARCEL NO .: 5447-000-025-0001 THE GRANTOR, FLOWER MEADOWS DIVISION I HOME OWNER'S ASSOICATION for good and valuable consideration , the receipt of which is hereby acknowledged, hereby conveys and quit claims to CITY OF POR T ORCHARD, a municipal corporation, the following described real estate , situated in the County of KITSAP State of Washington , together with all after acquired title of the grantor(s) therein : TRACT A (STORM DRAINAGE), FLOWER MEADOWS DIVISION 1, AS RECORDED IN VOLUME 31 OF PLATS , PAGES 1 T HROUGH 4 , INCLUSIVE, RECORDS OF KITSAP COUNTY , WASHINGTON; SITUATE IN KITSAP COUNTY , WASHINGTON . ~ . ;;?Dr~ DATEDthis 5 dayo f ~xrr:y .~ QUIT CLAIM DEED -1 By -+--~~~~----~~~~---------­ Print a Its Dt~mec I hereby warrant and represent that I have the legal authority to execute the above document. STATE OF WASHINGTON ) ) ss . County of KITSAP ) FLOWER MEADOWS DIVISION I HOME OWNER 'S ASSOCIATION d/l /1 By ~' _... _% ~~<--+ Print Nam . MARGUERITE CHILDRESS Its O u2n ec I hereby warrant and represent that I have the legal authority to execute the above document. I certify that I know or have satisfactory evidence that CHARLES CHILDRESS is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she is authorized to execute the instrument and acknowledged it as the 0WD e £ of the FLOWER MEADOWS DIVISION I HOME OWNER'S ASSOICATION to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED : J-';?S STATE OF WASHINGTON ) ) ss . County of KITSAP ) I certify that I know or have satisfactory evidence that MARGUERITE CHILDRESS is the person who appeared before me , and said person acknowledged that he/she signed this instrument, on oath stated that he/she is authorized to execute the instrument and acknowledged it as the ()! une Y:" of the FLOWER MEADOWS DIVISION I HOME OWNER'S ASSOICATION to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED : } -·~s QUIT CLAIM DEED -2 BILL OF SALE ' . . ~D1'-;? THIS BILL OF SALE is made and executed this ~ S day ot.,)Qx:j1 'D.'faw( .~by and between THE CITY OF PORT ORCHARD, a Municipal Corporation: hereinaer called the Grantee and the FLOWER MEADOWS DIVISION I HOMEOWNER'S ASSOCIATION hereinafter called the Grantor. WITNESSETH : That the Grantor, for good and valuable consideration, the receipt of which is hereby acknowledged, hereby conveys , sells, and delivers to THE CITY OF PORT ORCHARD the following described personal property situated in Kitsap County, State of Washington, TO WIT: Storm drainage facilities (water quality/quantity mitigation) located within Flowers Meadows Division I -Tract A The Grantor hereby warrants only that it is the sole owner of all the property above conveyed, it has the full power to convey the same, and that it will defend the title of said Grantee against any and all persons lawfully making claims thereto . Dated at Port Orchard, Washington, this a5 day of JQ'D1 X'J':D , , 201'"1 / k:Jf NER'S ASSOCIATION By __ ~~~~~~--~--------~------- Print . =-~==-==~=~= Its 0 I.A2 p e c I hereby warrant and represent that I have the legal authority to execute the above document. FLOWER MEADOWS HOME OWNER'S ASSOCIATION By fl,7('• . ..d_ ~ Print Nam . MARGUERITE CHILDRESS Its OL,2 ne y: I hereby warrant and represent that I have the legal authority to execute the above document. For recording purposes, do not write in the margins . Page 1 of2 STATE OF WASHINGTON ) ) ss. County of KITSAP ) I certify that I know or have satisfactory evidence that CHARLES CHILDRESS is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she -rs-authorized to execute the instrument and acknowledged it as the O l1 )·n e Y of the FLOWER MEADOWS DIVISION I HOME OWNER 'S ASSOCIATION to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. I . ~1 ?.';{ DATED : } <d5 ~ STATE OF WASHINGTON . ) ) ss . County of KITSAP ) I certify that I know or have satisfactory evidence that MARGUERITE CHILDRESS is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she is authorized to execute the instrument and acknowledged it as the Dt..o ·ne L of the FLOWER MEADOWS DIVISION I HOME OWNER'S ASSOCIATION to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. :;)or~ DATED: 1 '2'5 ,--2e4 1. For recording purposes, do not write in the margins . Page 2 of2