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028-07 - Ordinance - Annexing Property to the CityCity of Port Orchard 216 Prospect Street Port Orchard, WA 98366 VOID REISSUED UNDER ORDIANCE NO. 019-08 ORDINANCE NO. 028-07 AN ORDINANCE THE CITY OF PORT ORCHARD, WASHINGTON, ANNEXING CERTAIN REAL PROPERTY TO THE CITY, REQUIRING THE ANNEXED PROPERTY TO BE ASSESSED AND TAXED AT THE SAME RATE AND BASIS AS OTHER PROPERTY WITHIN THE CITY, AND ESTABLISHING COMPREHENSIVE PLAN AND ZONING DESIGNATIONS FOR THE PROPERTY. THE PROPERTY IS LOCATED IN SE ¼ OF SECTION 3 TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON ASSESSORS ACCOUNT NUMBERS: 032301-2-071-2005; 032301-2-037-2008; 032301-2-090-2002; 032301-2-091-2001; 032301-2-092-2000; 032301-2-088- 2006; 032301-2-089-2005; 032301-2-038-2007; 032301-2-039-2006; 032301- 2-087-2007; 032301-2-025-2002; 032301-2-044-2009; 032301-2-043-2000; 032301-2-042-2001; 032302-2-070-2006; 032301-2-061-2007; 032301-2-060- 2008; 032301-2-059-2001; 032301-2-041-2002; and, 032301-2-002-2009 WHEREAS, The City Council was notified in writing by the owners of over 10% in value of the real property legally described and geographically depicted in Exhibit “A” attached hereto, of the owner’s intention to commence annexation proceedings; and WHEREAS, a meeting was held on the 26th day of March, 2007, between the initiating parties of this annexation and the Council of the City of Port Orchard, at which time the Council accepted the notice of intention to commence annexation proceedings and authorized the circulation of an annexation petition for annexation of the real property legally described and geographically depicted in Exhibit “A” attached hereto. At the meeting the Council also determined that it would require the simultaneous adoption of comprehensive plan and zoning regulations, and the assumption of city indebtedness by the area to be annexed upon annexation; and WHEREAS, the petition was circulated, filed with the City Council, and certified by the County Assessor as containing the signatures of owners as set forth in RCW 35.21.005, of Ordinance No. 028-07 Page 2 of 12 100% in value, according to the assessed valuation for general taxation, of the property to be annexed; and WHEREAS, the City properly filed a Notice of Intention and related documents with the Kitsap County Boundary Review Board, and the proposed action was deemed approved by the Board on September 13, 2007; and WHEREAS, pursuant to RCW 35.13.177 and 35.13.178, the City Council adopted Ordinance No. 027-07, designating the proposed annexation area Industrial on the City of Port Orchard Comprehensive Plan Map and Industrial on the City of Port Orchard Zoning Map, to become effective upon annexation; and WHEREAS, pursuant to RCW 35.13.140, a public hearing was held on September 24, 2007, which hearing was duly noticed by the City Clerk through publication in a newspaper of general circulation in the City and the proposed annexation area, and through posting of a hearing notice in three public places within the territory proposed for annexation, specifying the time and place of the hearing and inviting interested persons to appear and voice approval or disapproval of the annexation; and WHEREAS, the City Council has been fully advised and finds that all statutory requirements have been satisfied in order to accomplish the proposed annexation; now therefore THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. The unincorporated real property located in Kitsap County, Washington, contiguous to the City of Port Orchard and legally described and geographically depicted in Exhibit “A” attached hereto and incorporated herein by this reference, is hereby annexed to and made part of the City of Port Orchard, Kitsap County, Washington. Section 2. As provided in the annexation petition, all property within the territory annexed shall be assessed and taxed at the same rate and on the same basis as other property within the City of Port Orchard, including assessments or taxes in payment of all or any portion of the outstanding indebtedness of the City contracted for, incurred prior to, or existing on, the date of annexation. Section 3. As provided in Ordinance No. 027-07, all property within the territory annexed is hereby designated Industrial on the City of Port Orchard Comprehensive Plan Map and Industrial on the City of Port Orchard Zoning Map. Ordinance No. 028-07 Page 3 of 12 Section 4. The City Clerk is hereby directed to file a certified copy of this Ordinance with the Kitsap County Board of Commissioners. The Clerk is further directed to file a certificate of annexation with the State Office of Financial Management as directed by RCW 35.13.260, and to provide such other notice of this annexation as required by law. Section 5. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date of Annexation. This Ordinance shall be in full force and effect five (5) days after posting and publication as required by law. A summary of this Ordinance may be published in lieu of the entire Ordinance, as authorized by State law. 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 24th day of September 2007. VOID Kim E. Abel, MAYOR ATTEST: VOID Michelle Merlino, City Clerk APPROVED AS TO FORM: Sponsored by: VOID VOID City Attorney John Clauson, Councilmember Ordinance No. 028-07 Page 4 of 12 EXHIBIT A Legal Descriptions 032301-2-071-2005 2148328 1389 SW OLD CLIFTON RD 03231E LOT B SHORT PLAT 5756 RECORDED UNDER AUDITOR'S FILE NO. 9202140179; BEING THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 1 EAST OF THE WILLIAMETTE MERIDIAN, IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 3; THENCE S2*24'53 W, ALONG THE WEST LINE OF SAID SUBDIVISION, 734.79 FEET; THENCE S67*14'39 E, 374.06 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING S67*14'39 E, 250.00 FEET; THENCE N30*33'50 E 195.46 FEET; THENCE N65*31'32 W 249.09 FEET; THENCE S30*33'50 W, 203.00 FEET TO THE TRUE POINT OF BEGINNING; SUBJECT TO AN EASEMENT OVER, UNDER AND ACROSS EASEMENT PARCEL 'B' AS DELINEATED ON THE SHORT PLAT MAP HEREWITH FOR THE PURPOSES DEFINED HEREIN; TOGETHER WITH AN EASEMENT OVER, UNDER AND ACROSS EASEMENT PARCEL 'A' AS DELINEATED ON THE SHORT PLAT MAP HEREWITH FOR THE PURPOSES DEFINED HEREIN; ALSO TOGETHER WITH AN EASEMENT FOR A DOMESTIC WATERLINE AND WATER SYSTEM APPURTENANCE PER INSTRUMENT RECORDED UNDER KITSAP COUNTY AUDITOR'S FILE NO. 9201150048; ALSO TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER, UNDER AND ACROSS THE FOLLOWING PARCELS AS DESCRIBED BELOW: PARCEL I: THE SOUTHERLY 30 FEET OF THE NORTH 10 ACRES OF THE SOUTH 20 ACRES OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 23 NORTH, RANGE 1 EAST OF THE WILLAMETTE MERIDIAN; EXCEPT THE NORTHEAST 2 1/2 ACRES THEREOF OF SAID PARCEL BEING DESCRIBED. AND AN EASEMENT FOR UTILITIES OVER, UNDER AND ACROSS THE NORTH 10 FEET OF THE SOUTH 40 FEET OF THE ABOVE DESCRIBED PARCEL; PARCEL II: THE WEST 30 FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 1 EAST OF THE WILLAMETTE MERIDIAN; PARCEL III: COMMENCING AT THE NORTHWEST CORNER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 1 EAST OF THE WILLAMETTE MERIDIAN; THENCE S2*24'53 W, ALONG THE WEST LINE OF SAID SUBDIVISION 674.79 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING S2*24'53 W 60.00 FEET; THENCE S67*14'39 E 188.79 FEET; THENCE N30*33'50 E 417.17 FEET; THENCE N19*50'26 E 50.29 FEET; THENCE N27*58'10 E 270.48 FEET; THENCE N63*53'46 W 30.02 FEET; THENCE S27*58'10 W 320.43 FEET; THENCE S22*29'09 W, 49.96 FEET; THENCE S30*33'50 W 285.90 FEET; THENCE ON A CURVE TO THE RIGHT, WHOSE RADIUS IS 50.00 FEET, AN ARC DISTANCE OF 77.90 FEET; THENCE N60*09'58 W, 135.99 FEET TO THE TRUE POINT OF BEGINNING. 032301-2-037-2008 1041821 1349 SW OLD CLIFTON RD 03231E LOT B SHORT PLAT 3617 REC A F 8411020149 BEING DESC FOR TAX PURP AS FOLS TH PTN NW1/4 NW1/4 DAF COM AT NW COR NW1/4 NW 1/4 SD SEC TH S88*17'37E ALG N LN SD SUB 300FT TH S63*59'48E 687.51FT TO TPOB TH CONT S63*59'48E 348.78FT TAP ON W R/W LN OLD CLIFTON RD TH S22*55'01W ALG SD R/W LN 2.69FT TH CONT ALG SD W R/W LN ALG CRV TO R WHOSE RAD IS 1382.4FT ARC DIST OF 121.91FT TH N63*39'56W 354.32FT TH N27*58'10E 122.58FT TO TPOB Ordinance No. 028-07 Page 5 of 12 032301-2-090-2002 2318368 1373 SW OLD CLIFTON RD 03231E LOT D SHORT PLAT NO. 6785 RECORDED UNDER AUDITOR'S FILE NOS. 3003660/3661. BEING A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, SECTION 3, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON. TOGETHER WITH EASEMENTS AS DEPICTED ON THE SHORT PLAT. 032301-2-092-2000 2318384 03231E LOT B SHORT PLAT NO. 6784 RECORDED UNDER AUDITOR'S FILE NOS. 3003664/3665. BEING A PORTION OF LOT A SHORT PLAT NO. 3617 RECORDED UNDER AUDITOR'S FILE NO. 8411020149 IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, SECTION 3, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON. TOGETHER WITH EASEMENTS AS DEPICTED ON THE SHORT PLAT. 032301-2-091-2001 2318376 1347 SW OLD CLIFTON RD 03231E LOT A SHORT PLAT NO. 6784 RECORDED UNDER AUDITOR'S FILE NOS. 3003664/3665. BEING A PORTION OF LOT A SHORT PLAT NO. 3617 RECORDED UNDER AUDITOR'S FILE NO. 8411020149 IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, SECTION 3, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON. TOGETHER WITH EASEMENTS AS DEPICTED ON THE SHORT PLAT. 032301-2-088-2006 2318343 03231E LOT B SHORT PLAT NO. 6785 RECORDED UNDER AUDITOR'S FILE NOS. 3003660/3661. BEING A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, SECTION 3, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON. TOGETHER WITH EASEMENTS AS DEPICTED ON THE SHORT PLAT. 032301-2-089-2005 2318350 03231E LOT C SHORT PLAT NO. 6785 RECORDED UNDER AUDITOR'S FILE NOS. 3003660/3661. BEING A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, SECTION 3, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON. TOGETHER WITH EASEMENTS AS DEPICTED ON THE SHORT PLAT. Ordinance No. 028-07 Page 6 of 12 032301-2-038-2007 1041847 1355 SW OLD CLIFTON RD 03231E LOT C SHORT PLAT 3617 REC A F 8411020149 BEING DESC FOR TAX PURP AS FOLS TH PTN NW1/4 NW1/4 DAF COM AT NW COR NW1/4 NW 1/4 SD SEC TH S88*17'37E ALG N LN SD SUB 300FT TH S63*59'48E 1036.29FT TAP ON W R/W LN OLD CLIFTON RD TH S22*55'01W ALG SD R/W LN 2.69FT TH CONT ALG SD W R/W LN ALG CRV TO R WHOSE RAD IS 1382. 4FT ARC DIST OF 121.91FT TH CONT ALG SD W R/W LN ALG CRV TO R WHOSE RAD IS 1382.4FT ARC DIST OF 62.54 TH CONT ALG SD R/W LN S30*33'50W 62.04FT TH N63* 24'18W 350.05FT TH N27*58'10E 122.78FT TH S63*39'56E 354.32FT TO TPOB 032301-2-039-2006 1041862 1365 SW OLD CLIFTON RD 03231E LOT D SHORT PLAT 3617 REC A F 8411020149 BEING DESC FOR TAX PURP AS FOLS TH PTN NW1/4 NW1/4 DAF COM AT NW COR NW1/4 NW 1/4 SD SEC TH S88*17'37E ALG N LN SD SUB 300FT TH S63*59'48E 1036.29FT TAP ON W R/W LN OLD CLIFTON RD TH S22*55'01W ALG SD R/W LN 2.69FT TH CONT ALG SD W R/W LN ALG CRV TO R WHOSE RAD IS 1382. 4FT ARC DIST OF 184.44FT TH CONT ALG SD W R/W LN S30*33'50W 62.04FT AND TPOB TH CONT ALG W R/W LN S30*33'50W 124.58FT TH N63*47'45W 344.47FT TH N27*58'10E 126.67 FT TH S63*24'18E 350.05FT TO TPOB 032301-2-087-2007 2318335 1383 SW OLD CLIFTON RD 03231E LOT A SHORT PLAT NO. 6785 RECORDED UNDER AUDITOR'S FILE NOS. 3003660/3661. BEING A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, SECTION 3, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON. TOGETHER WITH EASEMENTS AS DEPICTED ON THE SHORT PLAT. 032301-2-025-2002 1041581 1449 SW OLD CLIFTON RD 03231E PAR(A) TH PTN OF NW1/4 NW1/4 DAF COM AT NW COR OF NW1/4 NW1/4 OF SE SEC 3 TH S02*24'53W ALG W LN OF SD SUB 734.79FT TO TPOB TH CONT S02*24'53W ALG W LN 295.00FT TH S73*33'37E 849.77FT M/L TO WLY R/W LN OF OLD CLIFTON RD TH NELY ALG SD R/W LN 185.00FT TAP TH BEARS S67*14'39E FR TPOB TH N67*14'39W 971.22 FT M/L TO TPOB PAR(B) TH PTN OF NW1/4 NW1/4 DAF COM AT NW COR OF NW1/4 NW1/4 TH S02*24'53W ALG W LN OF SD SUB 1029.79FT TO TPOB TH CONT S02*24'53W ALG SD W LN 375.00FT TO SW COR OF NW 1/4 NW1/4 OF SD SEC TH S88*04'39E ALG S LN OF SD SUB 735.69FT M/L TO WLY R/W LN OF OLD CLIFTON CO RD TH NELY ALG SD R/W LN 185.00FT TAP TH BEARS S73*33'37E FR TPOB TH N73*33'37W 849.77FT M/L TO TPOB Ordinance No. 028-07 Page 7 of 12 032301-2-044-2009 1041938 1369 SW OLD CLIFTON RD 03231E LOT D SHORT PLAT 3616 REC A F 8411020145 BEING TH PTN NW1/4 NW1/4 DAF COM AT NW COR NW1/4 NW1/4 SD SEC TH S02*24'53W ALGW LN SD SUB 734.79FT TH S67*14'39E 970. 75FT TAP ON W R/W LN OLD CLIFTON RD TH N30*33'50E ALG SD R/W LN 246.67FT & TPOB TH CONT ALG SD R/W LN N30*33'50E 123.33FT TH N63*47'45W 344.47FT TH S30* 33'50W 130.31FT TH S64*57'00E 345.07 FT TO TPOB 032301-2-043-2000 1041920 1379 SW OLD CLIFTON RD 03231E LOT C SHORT PLAT 3616 REC A F 8411020145 BEING TH PTN NW1/4 NW1/4 DAF COM AT NW COR NW1/4 NW1/4 SD SEC TH S02*24'53W ALGW LN SD SUB 734.79FT TH S67*14'39E 970.75FT TAP ON W R/W LN OLD CLIFTON RD TH N30*33'50E ALG SD R/W LN 123.33FT & TPOB TH CONT ALG SD R/W LN N30*33'50E 123.33FT TH N64*57'00W 345.07FT TH S30* 33'50W 130.31FT TH S66*05'59E 345.81FT TO TPOB 032301-2-042-2001 1041912 1391 SW OLD CLIFTON RD 03231E LOT B SHORT PLAT 3616 REC A F 8411020145 BEING TH PTN NW1/4 NW1/4 DAF COM AT NW COR NW1/4 SD SEC TH S02*24'53W ALG W LN SD SUB 734.79FT TH S67*14'39E 624.06FT TO TPOB TH CONT S67*14'39E 346.69FT TAP ON W R/W LN OLD CLIFTON RD TH N30*33'50E ALG SD R/W LN 123.33FT TH N66*05'59W 345.81FT TH S30*33'50W 130.31FT TO TPOB 032301-2-070-2006 2148310 03231E LOT A SHORT PLAT 5756 RECORDED UNDER AUDITOR'S FILE NO. 9202140179; BEING THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 1 EAST OF THE WILLIAMETTE MERIDIAN, IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 3; THENCE S2*24'53 W, ALONG THE WEST LINE OF SAID SUBDIVISION, 734.79 FEET; THENCE S67*14'39 E, 188.79 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING S67*14'39 E, 185.27 FEET; THENCE N30*33'50 E 203.00 FEET; THENCE N65*31'32 W 184.59 FEET; THENCE S30*33'50 W, 208.59 FEET TO THE TRUE POINT OF BEGINNING; SUBJECT TO AN EASEMENT OVER, UNDER AND ACROSS EASEMENT PARCEL 'A' AS DELINEATED ON THE SHORT PLAT MAP HEREWITH FOR THE PURPOSES DEFINED HEREIN; TOGETHER WITH AN EASEMENT OVER, UNDER AND ACROSS EASEMENT PARCEL 'B' AS DELINEATED ON THE SHORT PLAT MAP HEREWITH FOR THE PURPOSES DEFINED HEREIN; ALSO TOGETHER WITH AN EASEMENT FOR A DOMESTIC WATERLINE AND WATER SYSTEM APPURTENANCE PER INSTRUMENT RECORDED UNDER KITSAP COUNTY AUDITOR'S FILE NO. 9201150048; ALSO TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER, UNDER AND ACROSS THE FOLLOWING PARCELS AS DESCRIBED BELOW: PARCEL I: THE SOUTHERLY 30 FEET OF THE NORTH 10 ACRES OF THE SOUTH 20 ACRES OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP Ordinance No. 028-07 Page 8 of 12 23 NORTH, RANGE 1 EAST OF THE WILLAMETTE MERIDIAN; EXCEPT THE NORTHEAST 2 1/2 ACRES THEREOF OF SAID PARCEL BEING DESCRIBED. AND AN EASEMENT FOR UTILITIES OVER, UNDER AND ACROSS THE NORTH 10 FEET OF THE SOUTH 40 FEET OF THE ABOVE DESCRIBED PARCEL; PARCEL II: THE WEST 30 FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 1 EAST OF THE WILLAMETTE MERIDIAN; PARCEL III: COMMENCING AT THE NORTHWEST CORNER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 1 EAST OF THE WILLAMETTE MERIDIAN; THENCE S2*24'53 W, ALONG THE WEST LINE OF SAID SUBDIVISION 674.79 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING S2*24'53 W 60.00 FEET; THENCE S67*14'39 E 188.79 FEET; THENCE N30*33'50 E 417.17 FEET; THENCE N19*50'26 E 50.29 FEET; THENCE N27*58'10 E 270.48 FEET; THENCE N63*53'46 W 30.02 FEET; THENCE S27*58'10 W 320.43 FEET; THENCE S22*29'09 W, 49.96 FEET; THENCE S30*33'50 W 285.90 FEET; THENCE ON A CURVE TO THE RIGHT, WHOSE RADIUS IS 50.00 FEET, AN ARC DISTANCE OF 77.90 FEET; THENCE N60*09'58 W, 135.99 FEET TO THE TRUE POINT OF BEGINNING. 032301-2-061-2007 2103372 1351 SW OLD CLIFTON RD 03231E LOT D SHORT PLAT 5343 RECORDED UNDER AUDITOR'S FILE NO. 9011150238 BEING THAT PORTION OF LOTS 2 AND 3 OF THE SURVEY RECORDED IN VOLUME 18 OF SURVEYS, PAGE 242, LYING NORTHWESTERLY OF SHORT SUBDIVISION NO. 3617 RECORDED UNDER AUDITOR'S FILE NO. 8411020149 AND SITUATE IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 3; THENCE S02*24'53 W ALONG THE WEST LINE OF SAID SUBDIVISION 267.79 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 3; THENCE S63*47'45 E ALONG THE SOUTHWESTERLY LINE OF SAID LOT 3 A DISTANCE OF 575.41 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S63*47'45 E 265.62 FEET TO THE WESTERLY MOST CORNER OF LOT D OF SAID SHORT SUBDIVISION NO. 3617; THENCE N27*58'10 E ALONG THE NORTHWESTERLY LINE OF SAID LOT D AND ITS EXTENSION 186.01 FEET TO THE SOUTHERLY MOST CORNER OF LOT A OF SAID SHORT SUBDIVISION; THENCE N63*53'47 W ALONG THE SOUTHWESTERLY LINE OF SAID LOT A 265.64 FEET; THENCE S27*58'10 W 185.55 FEET TO THE POINT OF BEGINNING; TOGETHER WITH A PERPETUAL NON-EXCLUSIVE EASEMENT OVER, AND ACROSS THE SOUTHERLY 30 FEET OF THE NORTH 10 ACRES OF THE SOUTH 20 ACRES OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., AND A 10 FOOT WIDE UTILITY EASEMENT OVER AND ACROSS THE NORTH 10 FEET OF THE SOUTH 40 FEET OF THE NORTH 10 ACRES OF THE SOUTH 20 ACRES OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 23 NORTH, RANGE 1 EAST,W.M., AS DESCRIBED IN THAT CERTAIN QUIT CLAIM OF EASEMENT DATED JUNE 8, 1984 RECORDED UNDER AUDITOR'S FILE NO. 8406290055; SUBJECT TO AND TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER, UNDER AND ACROSS THE FOLLOWING DESCRIBED PARCEL; COMMENCING AT THE NORTHWEST CORNER OF SECTION 3 TOWNSHIP 23 NORTH, RANGE 1 EAST,W.M.; THENCE S02*24'53 W, ALONG THE WEST LINE OF SAID SUBDIVISION 674.79 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S02*24'53 W 60 FEET; THENCE S67*14'39 E 188.79 FEET; THENCE N30*33'50 E 417.17 FEET; THENCE N19*50'26 E 50.29 FEET; THENCE N27*58'10 E 270.48 FEET; THENCE N63*53'46 W 30.02 FEET; THENCE S27*58'10 W 320.43 FEET; THENCE S22*29'09 W 49.96 FEET; THENCE S30*33'50 W, 285.90 FEET; THENCE ON A CURVE TO THE RIGHT, WHOSE RADIUS IS 50 FEET, AN ARC DISTANCE OF 77.90 FEET; THENCE N60*09'58 W 135.99 FEET TO THE POINT OF BEGINNING; TOGETHER WITH A 15 FOOT EASEMENT FOR WATER PURPOSES OVER, UNDER AND ACROSS A STRIP THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 2; THENCE S64*21'30 E 665.4 FEET TO THE TERMINUS OF SAID EASEMENT; TOGETHER WITH A 20 FOOT EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER, UNDER AND ACROSS A STRIP THE NORTHEASTERLY LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT Ordinance No. 028-07 Page 9 of 12 THE SOUTHWEST CORNER OF LOT A OF SAID SHORT SUBDIVISION NO. 3617; THENCE S63*53'47 E ALONG THE SOUTHWESTERLY LINE OF SAID LOT A 204.01 FEET TO THE TERMINUS OF SAID 20 FOOT EASEMENT. 032301-2-060-2008 2103364 03231E LOT C SHORT PLAT 5343 RECORDED UNDER AUDITOR'S FILE NO. 9011150238 BEING THAT PORTION OF LOTS 2 AND 3 OF THE SURVEY RECORDED IN VOLUME 18 OF SURVEYS, PAGE 242, LYING NORTHWESTERLY OF SHORT SUBDIVISION NO. 3617 RECORDED UNDER AUDITOR'S FILE NO. 8411020149 AND SITUATE IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 1 EAST,W.M., IN KITSAP COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 3; THENCE S02*24'53 W ALONG THE WEST LINE OF SAID SUBDIVISION 267.79 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 3; THENCE S63*47'45 E ALONG THE SOUTHWESTERLY LINE THEREOF 371.41 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S63*47'45 E ALONG SAID SOUTHWESTERLY LINE 204 FEET; THENCE N27*58'10 E 185.55 FEET TO THE SOUTHWESTERLY LINE OF LOT A OF SAID SHORT SUBDIVISION NO. 3617; THENCE N63*53'47 W ALONG SAID SOUTHWESTERLY LINE 204.01 FEET TO THE WESTERLY MOST CORNER OF SAID LOT A; THENCE S27*58'10 W 185.19 FEET TO THE POINT OF BEGINNING; TOGETHER WITH A PERPETUAL, NON-EXCLUSIVE EASEMENT OVER AND ACROSS THE SOUTHERLY 30 FEET OF THE NORTH 10 ACRES OF THE SOUTH 20 ACRES OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., AND A 10 FOOT WIDE UTILITY EASEMENT OVER AND ACROSS THE NORTH 10 FEET OF THE SOUTH 40 FEET OF THE NORTH 10 ACRES OF THE SOUTH 20 ACRES OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 23 NORTH, RANGE 1 EAST,W.M., AS DESCRIBED IN THAT CERTAIN QUIT CLAIM OF EASEMENT DATED JUNE 8, 1984 RECORDED UNDER AUDITOR'S FILE NO. 8406290055; SUBJECT TO AND TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER, UNDER AND ACROSS THE FOLLOWING DESCRIBED PARCEL; COMMENCING AT THE NORTHWEST CORNER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M.; THENCE S02*24'53 W, ALONG THE WEST LINE OF SAID SUBDIVISION 674.79 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S02*24'53 W 60 FEET; THENCE S67*14'39 E 188.79 FEET; THENCE N30*33'50 E 417.17 FEET; THENCE N19*50'26 E 50.29 FEET; THENCE N27*58'10 E 270.48 FEET; THENCE N63*53'46 W 30.02 FEET; THENCE S27*58'10 W 320.43 FEET; THENCE S22*29'09 W 49.96 FEET; THENCE S30*33'50 W 285.90 FEET; THENCE ON A CURVE TO THE RIGHT, WHOSE RADIUS IS 50 FEET, AN ARC DISTANCE OF 77.90 FEET; THENCE N60*09'58 W 135.99 FEET TO THE POINT OF BEGINNING; SUBJECT TO AND TOGETHER WITH A 15 FOOT EASEMENT FOR WATER PURPOSES OVER, UNDER AND ACROSS A STRIP THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST QUARTER OF SAID LOT 2; THENCE S64*21'30 E 665.4 FEET TO THE TERMINUS OF SAID EASEMENT; SUBJECT TO A 20 FOOT EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER, UNDER AND ACROSS A STRIP THE NORTHEASTERLY LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT A OF SAID SHORT SUBDIVISION NO.3617; THENCE S63*53'47 E ALONG THE SOUTHWESTERLY LINE OF SAID LOT A 204.01 FEET TO THE TERMINUS OF SAID 20 FOOT EASEMENT. 032301-2-059-2001 2103356 03231E LOT B SHORT PLAT NO 5343 RECORDED UNDER AUDITOR'S FILE NO. 9011150238 BEING THAT PORTION OF LOT 3 OF THE SURVEY RECORDED IN VOLUME 18 OF SURVEYS, PAGE 242, LYING NORTHWESTERLY OF SHORT SUBDIVISION NO. 3617 RECORDED UNDER AUDITOR'S FILE NO. 8411020149 AND SITUATE IN THE NORTHWEST Ordinance No. 028-07 Page 10 of 12 QUARTER OF THE NORTHWEST QUARTER OF OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 3; THENCE S02*24'53 W ALONG THE WEST LINE OF SAID SUBDIVISION 82.79 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 3 AND THE POINT OF BEGINNING; THENCE CONTINUING S02*24'53 W 185 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 3; THENCE S63*47'45 E ALONG THE SOUTHWESTERLY LINE OF SAID LOT 3 A DISTANCE OF 371.41 FEET; THENCE N27*58'10 E 173.80 FEET TO THE NORTHEASTERLY LINE OF SAID LOT 3; THENCE N64*21'30 W ALONG SAID NORTHEASTERLY LINE 451.40 FEET TO THE POINT OF BEGINNING; TOGETHER WITH A PERPETUAL, NON-EXCLUSIVE EASEMENT OVER AND ACROSS THE SOUTHERLY 30 FEET OF THE NORTH 10 ACRES OF THE SOUTH 20 ACRES OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 23 NORTH, RANGE 1 EAST,W.M., AND A 10 FOOT WIDE UTILITY EASEMENT OVER AND ACROSS THE NORTH 10 FEET OF THE SOUTH 40 FEET OF THE NORTH 10 ACRES OF THE SOUTH 20 ACRES OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., AS DESCRIBED IN THAT CERTAIN QUIT CLAIM OF EASEMENT DATED JUNE 8, 1984 RECORDED UNDER AUDITOR'S FILE NO. 8406290055; SUBJECT TO AND TOGETHER WITH AN EASEMENT OVER THE WEST 30 FEET OF THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 3, LYING WESTERLY OF OLD CLIFTON ROAD; TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER, UNDER AND ACROSS THE FOLLOWING DESCRIBED PARCEL; COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 3, TOWNSHIP 23 NORTH, RANGE 1 EAST,W.M.; THENCE S02*24'53 W, ALONG THE WEST LINE OF SAID SUBDIVISION 674.79 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S02*24'53 W 60 FEET; THENCE S67*14'39 E 188.79 FEET; THENCE N30*33'50 E 417.17 FEET; THENCE N19*50'26 E 50.29 FEET; THENCE N27*58'10 E 270.48 FEET; THENCE N63*53'46 W 30.02 FEET; THENCE S27*58'10 W 320.43 FEET; THENCE S22*29'09 W 49.96 FEET; THENCE S30*33'50 W, 285.90 FEET; THENCE ON A CURVE TO THE RIGHT, WHOSE RADIUS IS 50 FEET, AN ARC DISTANCE OF 77.90 FEET; THENCE N60*09'58 W 135.99 FEET TO THE POINT OF BEGINNING; SUBJECT TO AND TOGETHER WITH A 15 FOOT EASEMENT FOR WATER PURPOSES OVER, UNDER AND ACROSS A STRIP THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 2 OF THE ABOVE MENTIONED SURVEY; THENCE S64*21'30 E 665.4 FEET TO THE TERMINUS OF SAID EASEMENT; SUBJECT TO DECLARATION OF COVENANT FOR WELL RECORDED WITH THIS SHORT SUBDIVISION. 032301-2-041-2002 1041904 03231E LOT A SHORT PLAT NO 5343 RECORDED UNDER AUDITOR FILE NO 9011150238 BEING THAT PORTION OF LOT 2 OF THE SURVEY RECORDED IN VOLUME 18 OF SURVEYS, PAGE 242, LYING NORTHWESTERLY OF SHORT SUBDIVISION NO. 3617 RECORDED UNDER AUDITOR'S FILE NO. 8411020149 AND SITUATE IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 1 EAST,W.M. IN KITSAP COUNTY WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 3; THENCE S02*24'53 W ALONG THE WEST LINE OF SAID SUBDIVISION 82.79 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 2; THENCE S64*21'30 E ALONG THE SOUTHWESTERLY LINE THEREOF 451.40 FEET; THENCE N27*58'10 E ALONG THE NORTHWESTERLY LINE OF LOT A OF SAID SHORT SUBDIVISION NO. 3617 A DISTANCE OF 196.58 FEET TO THE NORTHEASTERLY LINE OF SAID LOT 2; THENCE N63*59'48 W ALONG SAID NORTHEASTERLY LINE 217.84 FEET TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3; THENCE N88*17'37 W ALONG SAID NORTH LINE 300 FEET TO THE POINT OF BEGINNING; TOGETHER WITH A PERPETUAL, NON-EXCLUSIVE EASEMENT OVER AND ACROSS THE SOUTHERLY 30 FEET OF THE NORTH 10 ACRES OF THE SOUTH 20 ACRES OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 23 NORTH, RANGE 1 Ordinance No. 028-07 Page 11 of 12 EAST,W.M., AND A 10 FOOT WIDE UTILITY EASEMENT OVER AND ACROSS THE NORTH 10 FEET OF THE SOUTH 40 FEET OF THE NORTH 10 ACRES OF THE SOUTH 20 ACRES OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 23 NORTH, RANGE 1 EAST W.M. AS DESCRIBED IN THAT CERTAIN QUIT CLAIM EASEMENT DATED JUNE 8, 1984 RECORDED UNDER AUDITOR'S FILE NO. 8406290055; SUBJECT TO AND TOGETHER WITH AN EASEMENT OVER THE WEST 30 FEET OF THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 3, LYING WESTERLY OF OLD CLIFTON ROAD; TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER, UNDER AND ACROSS THE FOLLOWING DESCRIBED PARCEL; COMMENCING AT THE NORTHWEST CORNER OF SECTION 3. TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M.; THENCE S02*24'53 W, ALONG THE WEST LINE OF SAID SUBDIVISION 674.79 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S02*24'53 W 60 FEET; THENCE S67*14'39 E 188.79 FEET; THENCE N30*33'50 E 417.17 FEET; THENCE N19*50'26 E 50.29 FEET; THENCE N27*58'10 E 270.48 FEET; THENCE N63*53'46 W 30.02 FEET; THENCE S27*58'10 W 320.43 FEET; THENCE S22*29'09 W 49.96 FEET; THENCE S30*33'50 W 285.90 FEET; THENCE ON A CURVE TO THE RIGHT, WHOSE RADIUS IS 50 FEET, AN ARC DISTANCE OF 77.90 FEET; THENCE N 60*09'58 W 135.99 FEET TO THE POINT OF BEGINNING; SUBJECT TO AND TOGETHER WITH A 15 FOOT EASEMENT FOR WATER PURPOSES OVER, UNDER AND ACROSS A STRIP THE CENTERLINE WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 2 OF THE ABOVE MENTIONED SURVEY; THENCE S64*21'30 E 665.4 FEET TO THE TERMINUS OF SAID EASEMENT; SUBJECT TO DECLARATION OF COVENANT FOR WELL RECORDED WITH THIS SUBDIVISION. 032301-2-002-2009 1041136 1337 SW OLD CLIFTON RD 03231E PAR(1) TH PTN OF NW1/4 NW1/4 OF SEC 3 DAF COM AT NW COR OF NW1/4 OF SD SEC 3 TH S88*17'37E ALG N LN OF SD SUB 300.00 FT TO TPOB TH S63*59'48E 1036.37FT TO WLY R/W LN OLD CLIFTON CO RD TH NELY ALG SD R/W LN 177.26FT TO E LN OF NW1/4 NW 1/4 OF SD SEC 3 TH N02*31'58E ALG SD E LN 261.17FT TO NE COR OF SD NW1/4 NW1/4 OF SEC 3 TH N88*17'37W ALG N LN OF SD SUB 1012.41FT TO TPOB PAR(2) AN ESMT OVER W 30FT OF TH PTN OF NW1/4 NW1/4 OF SEC 3-23-1E LY WLY OF OLD CLIFTON RD ALSO A PERPETUAL NON- EXCLUSIVE RD ESMT OVER AND ACROSS THE SLY 30FT OF N 10 ACS OF S 20 ACS OF NE1/4 NE1/4 OF SEC 4-23-1E ALSO A 10FT WIDE UTIL ESMT OVER N 10FT OF S 40FT OF N 10 ACS OF S 20 ACS OF NE1/4 NE1/4 OF SEC 4-23- 1E Ordinance No. 028-07 Page 12 of 12