025-21 - Resolution - South Kitsap Helpline EasementRESOLUTION NO.025-21
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE AN AGREEMENT WITH THE SOUTH KITSAP HELPLINE
FOR UTILITY EXTENSION, AND TO ACCEPT AN ASSOCIATED EASEMENT FOR
FUTURE UTILITY PLACEMENT.
WHEREAS, on February 26, 2021, South Kitsap Helpline ("Helpline") requested sewer
service from the City of Port Orchard, to replace a failing septic system currently serving their
facility located on Kitsap County Tax Parcel No. 362401-2-102-2008 (the "Property"); and
WHEREAS, pursuant to RCW 35.92.025, the City is authorized to allow a connection to the
City's sewerage system and levy a connection charge for such a connection; and
WHEREAS, pursuant to the City's standards, a sewer connection for the Property should
trigger the need for an extension of the gravity sewer main across the Property and down
Mitchell Road SE, however the Public Works Department of the City of Port Orchard has
determined that it is cost prohibitive and infeasible for Helpline to require extension of the
gravity sewer main for a single sewer connection at this time; and
WHEREAS, staff recommends an Agreement in Lieu of Assessment that will permit
Helpline to build, at its own expense, a temporary private line to connect to the City's sewer
system at SE Mile Hill Drive, in exchange for the grant of an easement over the Property for a
future main extension and a commitment to connect and pay the applicable connection
charges when the future main extension is completed; and
WHEREAS, the City desires to have the ability to extend, or cause to be extended, the
gravity sewer system through the South Kitsap Helpline's real property at a later date should
gravity sewer service be needed in the area, and the easement enables this project to proceed
in the future; and
WHEREAS, the grant of easements over and across City -owned property requires
authorization by the City Council; and
WHEREAS, the City Council finds that the Agreement in Lieu of Assessment and
acceptance of the referenced easement is in the best interests of the residents of Port Orchard;
now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
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 the Resolution.
Resolution No. 025-21
Page 2 of 17
THAT: The Port Orchard City Council approves of and authorizes the Mayor to execute
the Agreement in Lieu of Assessment attached hereto as Exhibit A and incorporated
herein by this reference.
THAT: The City Council authorizes the acceptance of the easement from South Kitsap
Helpline for future utility infrastructure installation, operation and maintenance
attached hereto as Exhibit B and incorporated herein by this reference.
THAT: This Resolution shall take full force and effect upon passage and signatures
hereon.
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 13t" day of April 2021.
Robert Putaansuu, Mayor
ATTEST:
7P�) -." "It
Brand ine , MMC, City Clerk
After Recording Return to:
City Clerk
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
CITY OF PORT ORCHARD 202106020011
Agreement Rec Fee: $ 108.50
06/02/2021 08:49 AM Page: 1 of 6
Paul Andrews, Kitsap Co Auditor
AGREEMENT IN LIEU OF ASSESSMENT
Contract No. 052-21
GRANTOR: South Kitsap Helpline
GRANTEE: City of Port Orchard
LEGAL DESCRIPTION: THAT PORTION OF THE NORTH HALF OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 24
NORTH, RANGE 1 EAST, W.M
Complete legal description attached as Exhibit "A"
TAX PARCEL NO.: 362401-2-102-2008
This agreement is entered into between the City of Port Orchard, a Washington municipal
corporation, hereafter referred to as "City", and South Kitsap Helpline, hereafter referred to as
"Owner". Owner owns certain real property which does not front on any of the City's sewer mains,
but Owner seeks to obtain sewer service from the City by installing a private sewer line from the
City's nearest sewer main to the Owner's property. Owner's real property is legally described on
the attached "Exhibit A" which by this reference is incorporated herein and made a part hereof.
The referenced real property is hereafter referred to as the "Property".
In consideration of the foregoing recitals, and the promises and covenants of the parties
hereinafter set forth, the parties agree as follows:
i. SEWER SERVICE. The City hereby agrees to provide sewer service, not to exceed the
usual and customary requirements for a single Equivalent Residential Unit (ERU), to
the Property. No other buildings or real property may connect to or be served by the
private sewer line without the City's approval. Owner shall construct, own, operate
and maintain the private sewer line at the Owner's sole cost and expense. The City
reserves the right to review and approve the designs and specifications relating to
private sewer line, including the manner in which the private sewer line will be
connected to the City's main line. The private sewer line shall connect to the City's
sewer main at a location approved by the City.
2. INSPECTION OF CONNECTION. The Owner shall notify the City of the Owner's
intent to connect the private sewer line to the City's main line at least two (2) business
days before connection. The City may inspect the condition and construction of the
private sewer line before connection, and shall inspect the actual connection, at a time
or times mutually agreed to by the Owner and the City. The Owner shall reimburse the
District for all costs of inspection.
g. PAYMENT FOR SEWER SERVICE. The Owner agrees to pay for the sewer service
supplied by the City according to the rates, schedules, and resolutions duly enacted
and established by the City and to pay a service initiation charge as required by the
City.
4. OWNER SUPPORT FOR CITY'S ACTION. In the event a utility local improvement
district (ULID) or pipeline extension for a sewer line, sewer main, or a sewer service is
initiated affecting the Property or any portion thereof, the Owner of the Property
hereby agrees to support any petitions or other action therefor and not to contest the
formation of any said ULID or pipeline extension. The Owner further agrees to pay its
share of the costs for the permanent sewer facilities serving the Property as may be
assessed or adopted by the City.
5. DISCONNECTION OF PRIVATE SEWER LINE. The Owner understands and
acknowledges that the City, at its option, may require that sewer service from the
private sewer line be discontinued and that sewer service be provided by the
permanent sewer main serving the Property at the Owner's expense. When permanent
sewer facilities are constructed and available, whether by the City or others, the Owner
shall disconnect the private sewer line and connect to the City's permanent sewer
facilities within forty-five (45) days of notice from the City that the permanent facilities
are ready for connection. The Owner shall disconnect and remove, or disable, the
private sewer line in accordance with applicable laws and regulations within ninety
(go) days of the connection of the Property to the permanent sewer facilities. The
Owner shall be responsible for all costs of disconnecting, removing and disabling the
private sewer line.
6. AGREEMENT RUNS WITH THE LAND. All provisions of this agreement, including
the benefits and burdens, run with the Property, and are binding upon and enure to
benefit of the heirs, assigns, successors, tenants, and personal representatives of the
Owner and City.
7. WARRANTY OF TITLE. Owner warrants that it has good and fee simple title to the
Property, and that it has the right to enter into this agreement.
8. GOOPERATIONIENFORCEMENT OF PROVISIONS. The parties shall strive to
cooperate with one another in effectuating the terms and spirit of this agreement. This
agreement shall be given a reasonable construction. Either party may enforce this
agreement by appropriate action, including specific performance, and the prevailing
party in any such litigation shall be entitled to recover its reasonable attorney fees and
costs.
9. RECORDING. The City shall record this agreement with the Kitsap County Auditor, at
the cost of the Owner.
DATED this 14th day of April 2021.
CITY OF PORT ORCHARD,
WASHINGTON
Robert Putaansuu, Mayor
ATTEST/AUTHENTICATED:
Brandy Rinearson, MMC, City Clerk
APPROVED AS TO FORM:
` 1111111�1!!lI���Ij+
Charlotte Archer, C
' SPAL -
South Kitsap Helpline
`Jtwi 4.--Act ✓d rsi-"
Nance and Title
EXHIBIT A
THAT PORTION OF THE NORTH HALF OF THE NORTHEAST QUARTER OF
THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 36, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., DESCRIBED AS
FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID
SUBDIVISION; THENCE SOUTH 333.20 FEET TO THE SOUTHWEST
CORNER THEREOF; THENCE EAST 359.43 FEET TO THE TRUE POINT OF
BEGINNING; THENCE NORTH 21*32' EAST 146.62 FEET; THENCE SOUTH
86*55' EAST 163.95 FEET TO THE WESTERLY MARGIN OF MITCHELL
ROAD; THENCE SOUTHWESTERLY ALONG SAID MARGIN 80 FEET;
THENCE WEST 125 FEET; THENCE SOUTH 21*32' WEST 60 FEET; THENCE
WEST TO THE POINT OF BEGINNING; TOGETHER WITH THAT PART OF
THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 24
NORTH, RANGE 1 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT
THE NORTHWEST CORNER OF SAID SECTION 36; THENCE ALONG THE
NORTH LINE OF SAID SECTION 36; SOUTH 88*12'26" EAST 664.31 FEET TO
THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID
SECTION 36; THENCE SOUTH 1*15'01" WEST 333.20 FEET TO THE
SOUTHWEST CORNER OF SAID NORTH HALF OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER; THENCE ALONG THE SOUTH LINE OF SAID NORTH HALF OF
THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER, SOUTH 88*10'06" EAST 399.43 FEET TO THE
TRUE POINT OF BEGINNING BEING A POINT WHICH BEARS NORTH
88*10'06" WEST ALONG SAID SOUTH LINE 125.00 FEET FROM THE
INTERSECTION OF SAID SOUTH LINE WITH THE WESTERLY RIGHT-OF-
WAY MARGIN OF MITCHELL ROAD; THENCE NORTH 22*01'42" EAST 29.66
FEET TO A POINT ON THE WEST FACE OF AN EXISTING CONCRETE
BLOCK RETAINING WALL; THENCE ALONG THE WEST FACE OF SAID
RETAINING WALL AND THE SOUTHERLY EXTENSION THEREOF SOUTH
7*28'14" WEST 27.97 FEET TO A POINT ON THE SOUTH LINE OF SAID
NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER; THENCE ALONG SAID SOUTH
LINE NORTH 88*10'06" WEST 7.49 FEET TO THE TRUE POINT OF
BEGINNING; EXCEPT THAT PART OF THE NORTH HALF OF THE
NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 24 NORTH, RANGE 1
EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST
CORNER OF SAID SECTION 36; THENCE ALONG THE NORTH LINE OF
SAID SECTION 36, SOUTH 88*12'26" EAST 664.31 FEET TO THE
NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID
SECTION 36; THENCE SOUTH 1*15'01" WEST 333.20 FEET TO THE
SOUTHWEST CORNER OF SAID NORTH HALF OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER; THENCE ALONG THE SOUTH LINE OF SAID NORTH HALF OF
THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER, SOUTH 88*10'06" EAST 399.43 FEET TO THE
POINT WHICH BEARS NORTH 88*10'06" WEST ALONG SAID SOUTH LINE
125.00 FEET FROM THE INTERSECTION OF SAID SOUTH LINE WITH THE
WESTERLY RIGHT-OF-WAY MARGIN OF MITCHELL ROAD; THENCE
NORTH 22*01'42" EAST 29.66 FEET TO A POINT ON THE WEST FACE OF
AN EXISTING CONCRETE BLOCK RETAINING WALL BEING THE TRUE
POINT OF BEGINNING; THENCE CONTINUING NORTH 22*01'42" EAST 30.34
FEET TO A POINT WHICH BEARS NORTH 88*10'06" WEST 125.00 FEET
FROM THE WESTERLY RIGHT-OF-WAY MARGIN OF MITCHELL ROAD;
THENCE NORTH 88*10'06" WEST 7.67 FEET TO A POINT ON THE WEST
FACE OF SAID RETAINING WALL; THENCE ALONG THE WEST FACE OF
SAID RETAINING WALL SOUTH 7*28'14" WEST 28.62 FEET TO THE TRUE
POINT OF BEGINNING; SITUATE IN THE CITY OF PORT ORCHARD,
COUNTY OF KITSAP, STATE OF WASHINGTON.»»> ALSO THAT PART OF
THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 24
NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON,
DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF
SAID SECTION 36; THENCE ALONG THE NORTH LINE OF SAID SECTION
36, SOUTH 88*12'26" EAST 664.31 FEET TO THE NORTHWEST CORNER OF
THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 36; THENCE SOUTH 0*15'01"
WEST 333.20 FEET TO THE SOUTHWEST CORNER OF SAID NORTH HALF
OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER; THENCE ALONG THE SOUTH LINE OF SAID
NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER, SOUTH 88*10-06" EAST 359.43
FEET TO A POINT WHICH BEARS NORTH 88*10'06" WEST ALONG SAID
SOUTH LINE 165.00 FEET FROM THE INTERSECTION OF SAID SOUTH LINE
WITH THE WESTERLY RIGHT-OF-WAY MARGIN OF MITCHELL ROAD;
THENCE NORTH 21*32'33" EAST 146.62 FEET TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING NORTH 21*32'33" EAST 10.06 FEET;
THENCE NORTH 85*14'42" WEST 3.43 FEET; THENCE NORTH 13*20'18"
EAST 189.62 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 36,
THENCE ALONG SAID NORTH LINE SOUTH 88*12'26" EAST 7.89 FEET TO A
POINT ON A CURVE ON THE SOUTHERLY RIGHT-OF-WAY MARGIN OF
STATE ROUTE 160 ON THE APPROACH TO BETHEL AVENUE FROM
WHICH POINT THE CENTER OF SAID CURVE BEARS SOUTH 30*35'03"
WEST 278.1 FEET; THENCE CLOCKWISE (SOUTHEASTERLY) ALONG SAID
CURVE ON SAID RIGHT-OF-WAY MARGIN AN ARC DISTANCE OF 22.63
FEET THROUGH A CENTRAL ANGLE OF 4*39'41"; THENCE CONTINUING
NORTH ALONG SAID RIGHT-OF-WAY MARGIN ON A RADIAL LINE FROM
THE CENTER OF SAID CURVE NORTH 35*14'44" EAST 10.00 FEET TO A
POINT ON A CONCENTRIC CURVE HAVING A RADIUS OF 288.1 FEET;
THENCE CONTINUING ALONG SAID RIGHT-OF-WAY MARGIN CLOCKWISE
(SOUTHEASTERLY) ALONG SAID CURVE AN ARC DISTANCE OF 3.54 FEET
THROUGH A CENTRAL ANGLE OF 0*42'14" TO A POINT OF REVERSE
CURVATURE WITH A CURVE TO THE LEFT HAVING A RADIUS OF 643.00
FEET ON THE SOUTHERLY RIGHT-OF-WAY MARGIN OF STATE ROUTE
160; THENCE ALONG SAID SOUTHERLY MARGIN 149.27 FEET ALONG THE
ARC OF SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF
13*08'02" TO AN INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY
MARGIN OF MITCHELL ROAD; THENCE ALONG SAID WESTERLY MARGIN
SOUTH 19*55'08" WEST 34.77 FEET TO THE BEGINNING OF A CURVE TO
THE RIGHT HAVING A RADIUS OF 5699.58 FEET; THENCE CONTINUING
ALONG SAID WESTERLY MARGIN 96.93 FEET ALONG THE ARC OF SAID
CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 0*58'28";
THENCE NORTH 86*55'47" WEST 163.95 FEET TO THE TRUE POINT OF
BEGINNING; SITUATE IN THE CITY OF PORT ORCHARD, COUNTY OF
KITSAP, STATE OF WASHINGTON.
After Recording Return to:
City Clerk
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
CITY OF PORT ORCHARD 202106020010
Easement Rec Fee: $ 111 50
06/02/2021 08:49 AM Page: 1 of 9
Paul Andrews, Kitsap Co Auditor
EASEMENT AGREEMENT
Contract No. 053-21
GRANTOR: South Kitsap Helpline
GRANTEE: City of Port Orchard
LEGAL DESCRIPTION: THAT PORTION OF THE NORTH HALF OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 24
NORTH, RANGE 1 EAST, W.M
Complete legal description attached as Exhibit "A"
TAX PARCEL NO.: 362401-2-102-2008
THIS EASEMENT AGREEMENT ("Agreement") is hereby made and entered into on
the 14a' day of April 2021, by and among South Kitsap Helpline, a Washington Public Benefit
Corporation (herein "Helpline"), and the City of Port Orchard, a Washington municipal
corporation (herein "City").
RECITALS:
WHEREAS, Helpline owns the real property legally described on attached Exhibit which
is incorporated herein as through fully set forth (hereinafter referred to as "Helpline Property");
and
Page 1 of 9
EXCISE TAX EXEMPT MAY 05 2021
WHEREAS, the City has requested a utility easement across the corner of the Helpline
Property, and Helpline is willing to grant such utility easement.
NOW, THEREFORE, for and in consideration of the mutual benefits contained herein,
Helpline and the City hereby agree as follows:
1. Recitations. The foregoing recitations are true and correct and are incorporated
herein by this reference.
2. Utility Easement. Helpline grants and transfers to the City for the benefit of public
utilities provided by the City a perpetual nonexclusive easement under and across that certain
portion of the Helpline Property for utility purposes as legally described on attached Exhibit B and
as depicted on attached Exhibit C for illustrative purposes (herein "Easement").
3. Maintenance. The City shall timely maintain, repair and replace (collectively
"work"), any and all utilities in the Easement and pay the expenses associated therewith. If the
Easement, or a portion thereof, is damaged when installing a utility in the Easement, the City shall
promptly repair such damage and to restore the damaged Easement to the condition as it existed
prior to such damage, and all expenses therefor shall be paid by the City.
4. Run with the Land. These covenants are intended to protect the value and
desirability of the Helpline Property, and shall run with the land and be binding on all parties
having or acquiring any right, title or interest in the Helpline Property, or any part thereof. They
shall inure to the benefit of each present interest or future successor in interest therein.
5. Indemnification. The City agrees to indemnify, defend and hold harmless the
owner of the Helpline Property from and against any and all liability for damages, costs, losses
and expenses for personal injury or property damage to the owner of the Helpline Property, its
agents, invitees, licensees and/or guests, when such injury or damage shall result from, arise out
of, or be attributable in any manner to the Easement, except for the negligence of the owner of the
Helpline Property.
6. Enforcement. In the event of default under this Agreement, the parties shall be
entitled to any and all remedies available or in equity. The parties hereto agree that in the event it
becomes necessary for any party to defend or institute legal proceedings as a result of the failure
of either party to comply with the terms, covenants, agreements and/or conditions of this
Agreement, it is understood and agreed that the prevailing party in such legal proceeding shall be
entitled to be reimbursed for all costs incurred or expended in connection therewith, including, but
not limited to, reasonable attorney fees (including arbitration, trial and appellate fees) and court
costs.
7. Waiver. No waiver of any of the provisions of this Agreement shall be effective
Page 2 of 9
unless it is in writing, signed by the party against whom it is asserted and any such written
waiver shall only be applicable to the specific instance in which it relates and shall not be
deemed to be a continuing or a future waiver.
8. Binding Effect. The covenants contained in this Agreement are not personal, but
shall run with the land and shall be binding upon and inure to the benefit of the parties hereto and
their respective heirs, personal representatives, successors in interest and assigns.
9. Governing Law. This Agreement shall be governed in accordance with the laws
of the State of Washington.
10. Entirety. This Agreement constitutes the entire agreement and understanding
between the parties hereto regarding the Easement. As of the date of this Agreement, there are no
other agreements or representations, either written or oral, which modify or have any effect upon
this Agreement.
IN WITNESS WHEREOF, this Agreement has been duly executed by the parties hereto
to be effective immediately.
SOUTH KITSAP HELPLINE
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Page 3 of 9
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STATE OF WASHNGTON )
) ss.
COUNTY OF KITSAP )
On thisday of I , 2021, before e, a otary'lPublic, in and for the
jurisdiction aforesaid, personally appeared I
sayVV to m
personally known, who by me duly sworn did that they are the Ps
. respectively, of SOUTH KITSAP HELPLINE, a Washington Public Benefit
Corporation, and that said instrument was signed on behalf of said corporation by authority of the
Board of Directors, and that they acknowledged execution of said instrument to be voluntary act
and deed of said corporation.
Notary 1 is c� • " ins t a fl `�.a
(Notarial al) : '1 NpTAR y n
My Commission expires r �" a�ZZ _ �o�
STATE OF WASHNGTON )
) ss.
COUNTY OF KITSAP )
On this day of 4'Q rl
=N 4,P 8LIG
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i.� exP.5 ' '(d_�
, 2021, before me, a Notary Public, in and for the
jurisdiction aforesaid, personally appeared o me personally known, who by me
duly sworn did say that fie/she is the of the City of Port Orchard, a Washington
municipal corporation, and that said instru ent was signed on behalf of said corporation by
authority of the Port Orchard City Council, and that he/she acknowledged execution of said
instrument to be voluntary act and deed of said corporatio {ol+ 11, 1 r i"-�
.VlaryPublic C/� _ G��.��'i`�'202? r�
(Notarial Seal) NpTARr
My Commission expires r p'Za PuBor-
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11
Page 4 of 9
EXHIBIT A
HELPLINE PROPERTY
THAT PORTION OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36,
TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SUBDIVISION; THENCE SOUTH
333.20 FEET TO THE SOUTHWEST CORNER THEREOF; THENCE EAST 359.43 FEET TO
THE TRUE POINT OF BEGINNING; THENCE NORTH 21 *32' EAST 146.62 FEET;
THENCE SOUTH 86*55' EAST 163.95 FEET TO THE WESTERLY MARGIN OF
MITCHELL ROAD; THENCE SOUTHWESTERLY ALONG SAID MARGIN 80 FEET;
THENCE WEST 125 FEET; THENCE SOUTH 21 *32' WEST 60 FEET; THENCE WEST TO
THE POINT OF BEGINNING; TOGETHER WITH THAT PART OF THE NORTH HALF OF
THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 36, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., DESCRIBED
AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 36;
THENCE ALONG THE NORTH LINE OF SAID SECTION 36; SOUTH 88* 12'26" EAST
664.31 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 36;
THENCE SOUTH 1 * 15'01" WEST 333.20 FEET TO THE SOUTHWEST CORNER OF SAID
NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF
THE NORTHWEST QUARTER; THENCE ALONG THE SOUTH LINE OF SAID NORTH
HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER, SOUTH 88* 10'06" EAST 399.43 FEET TO THE TRUE POINT
OF BEGINNING BEING A POINT WHICH BEARS NORTH 88* 10'06" WEST ALONG
SAID SOUTH LINE 125.00 FEET FROM THE INTERSECTION OF SAID SOUTH LINE
WITH THE WESTERLY RIGHT-OF-WAY MARGIN OF MITCHELL ROAD; THENCE
NORTH 22*01'42" EAST 29.66 FEET TO A POINT ON THE WEST FACE OF AN
EXISTING CONCRETE BLOCK RETAINING WALL; THENCE ALONG THE WEST FACE
OF SAID RETAINING WALL AND THE SOUTHERLY EXTENSION THEREOF SOUTH
7*28'14" WEST 27.97 FEET TO A POINT ON THE SOUTH LINE OF SAID NORTH HALF
OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER; THENCE ALONG SAID SOUTH LINE NORTH 88* 10'06"
WEST 7.49 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PART OF THE
NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF
THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 24 NORTH, RANGE 1 EAST,
W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF
SAID SECTION 36; THENCE ALONG THE NORTH LINE OF SAID SECTION 36, SOUTH
88* 12'26" EAST 664.31 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SAID SECTION 36; THENCE SOUTH 1 * 15'01" WEST 333.20 FEET TO THE SOUTHWEST
CORNER OF SAID NORTH HALF OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE ALONG THE
Page 5 of 9
SOUTH LINE OF SAID NORTH HALF OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER, SOUTH 88* 10'06" EAST
399.43 FEET TO THE POINT WHICH BEARS NORTH 88* 10'06" WEST ALONG SAID
SOUTH LINE 125.00 FEET FROM THE INTERSECTION OF SAID SOUTH LINE WITH
THE WESTERLY RIGHT-OF-WAY MARGIN OF MITCHELL ROAD; THENCE NORTH
22*01'42" EAST 29.66 FEET TO A POINT ON THE WEST FACE OF AN EXISTING
CONCRETE BLOCK RETAINING WALL BEING THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTH 22*01'42" EAST 30.34 FEET TO A POINT WHICH
BEARS NORTH 88* 10'06" WEST 125.00 FEET FROM THE WESTERLY RIGHT-OF-WAY
MARGIN OF MITCHELL ROAD; THENCE NORTH 88* 10'06" WEST 7.67 FEET TO A
POINT ON THE WEST FACE OF SAID RETAINING WALL; THENCE ALONG THE WEST
FACE OF SAID RETAINING WALL SOUTH 7*28'14" WEST 28.62 FEET TO THE TRUE
POINT OF BEGINNING; SITUATE IN THE CITY OF PORT ORCHARD, COUNTY OF
KITSAP, STATE OF WASHINGTON.»»> ALSO THAT PART OF THE NORTH HALF
OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 24 NORTH, RANGE 1 EAST,
W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING
AT THE NORTHWEST CORNER OF SAID SECTION 36; THENCE ALONG THE NORTH
LINE OF SAID SECTION 36, SOUTH 88*12'26" EAST 664.31 FEET TO THE NORTHWEST
CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 36; THENCE SOUTH 0* 15'01" WEST 333.20
FEET TO THE SOUTHWEST CORNER OF SAID NORTH HALF OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER;
THENCE ALONG THE SOUTH LINE OF SAID NORTH HALF OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, SOUTH
88* 10'06" EAST 359.43 FEET TO A POINT WHICH BEARS NORTH 88* 10'06" WEST
ALONG SAID SOUTH LINE 165.00 FEET FROM THE INTERSECTION OF SAID SOUTH
LINE WITH THE WESTERLY RIGHT-OF-WAY MARGIN OF MITCHELL ROAD;
THENCE NORTH 21 *32'33" EAST 146.62 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTH 21 *32'33" EAST 10.06 FEET; THENCE NORTH 85* 14'42"
WEST 3.43 FEET; THENCE NORTH 13*20'18" EAST 189.62 FEET TO A POINT ON THE
NORTH LINE OF SAID SECTION 36; THENCE ALONG SAID NORTH LINE SOUTH
88* 12'26" EAST 7.89 FEET TO A POINT ON A CURVE ON THE SOUTHERLY RIGHT-OF-
WAY MARGIN OF STATE ROUTE 160 ON THE APPROACH TO BETHEL AVENUE
FROM WHICH POINT THE CENTER OF SAID CURVE BEARS SOUTH 30*35'03" WEST
278.1 FEET; THENCE CLOCKWISE (SOUTHEASTERLY) ALONG SAID CURVE ON
SAID RIGHT-OF-WAY MARGIN AN ARC DISTANCE OF 22.63 FEET THROUGH A
CENTRAL ANGLE OF 4*39'41 "; THENCE CONTINUING NORTH ALONG SAID RIGHT-
OF-WAY MARGIN ON A RADIAL LINE FROM THE CENTER OF SAID CURVE NORTH
3 5 * 14'44" EAST 10.00 FEET TO A POINT ON A CONCENTRIC CURVE HAVING A
RADIUS OF 288.1 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY
MARGIN CLOCKWISE (SOUTHEASTERLY) ALONG SAID CURVE AN ARC DISTANCE
OF 3.54 FEET THROUGH A CENTRAL ANGLE OF 0*42'14" TO A POINT OF REVERSE
Page 6 of 9
CURVATURE WITH A CURVE TO THE LEFT HAVING A RADIUS OF 643.00 FEET ON
THE SOUTHERLY RIGHT-OF-WAY MARGIN OF STATE ROUTE 160; THENCE ALONG
SAID SOUTHERLY MARGIN 149.27 FEET ALONG THE ARC OF SAID CURVE TO THE
LEFT THROUGH A CENTRAL ANGLE OF 13*08'02" TO AN INTERSECTION WITH THE
WESTERLY RIGHT-OF-WAY MARGIN OF MITCHELL ROAD; THENCE ALONG SAID
WESTERLY MARGIN SOUTH 19*55'08" WEST 34.77 FEET TO THE BEGINNING OF A
CURVE TO THE RIGHT HAVING A RADIUS OF 5699.58 FEET; THENCE CONTINUING
ALONG SAID WESTERLY MARGIN 96.93 FEET ALONG THE ARC OF SAID CURVE TO
THE RIGHT THROUGH A CENTRAL ANGLE OF 0*58'28"; THENCE NORTH 86*55'47"
WEST 163.95 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF
PORT ORCHARD, COUNTY OF KITSAP, STATE OF WASHINGTON.
Page 7 of 9
EXHIBIT B
LEGAL DESCRIPTION OF UTILITY EASEMENT
COMMENCING AT THE NORTHWEST CORNER OF SECTION 36, TOWNSHIP
24 NORTH, RANGE 1 EAST, W.M., THENCE ALONG THE NORTH LINE OF
SAID NORTHWEST QUARTER OF SECTION 36, SOUTH 88°12129" EAST
1328.60 FEET TO THE NORTHEAST CORNER OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 36; THENCE
SOUTH 33$51'08 " WEST 87.45 FEET TO THE INTERSECTION OF THE
SOUTH LINE OF SOUTHEAST MILE HILL DRIVE AND THE WESTERLY LINE
OF MITCHELL ROAD SOUTHEAST AND THE POINT OF BEGINNING;
THENCE ALONG SAID WESTERLY MARGIN SOUTH 19"55'08" WEST 34.77
FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS
OF 5699.58 FEET; THENCE CONTINUING ALONG SAID WESTERLY MARGIN
10.23 FEET ALONG THE ARC OF SAID CURVE TO THE RIGHT THROUGH A
CENTRAL ANGLE OF 000610°; THENCE NORTH 2204215" WEST 66.20 FEET
TO THE SOUTHERLY RIGHT-OF-WAY MARGIN OF SOUTHEAST MILE HILL
DRIVE, THENCE ALONG SAID SOUTH MARGIN ALONG A CURVE TO THE
LEFT HAVING A RADIUS OF 643.00 FEET WITH A RADIAL BEARING OF
NORTH 26039'22W EAST A DISTANCE OF 149.27 FEET ALONG THE ARC OF
SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 04°00'35" TO
THE POINT OF BEGINNING;
02125/2021
Page 8 of 9
EXHIBIT C
UTILITY EASEMENT DRAWING
NW CORNER
SEC. 36-24-1E
NE CORNER —\
NW114— NWlA
SEC, 36-24-1E
S E8"729" E 1328.60'
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Page 9 of 9