062-13 - South Kitsap School District No. 402 - ContractINTERLOCAL AGREEMENT
Between
The City Of Port Orchard And
South Kitsap School District No. 402
Regarding the Sanitary Sewer Pottery Avenue Lift Station Facility
This AGREEMENT is made and entered into this 1-5 day of July 2013 by and
between SOUTH KITSAP SCHOOL DISTRICT NO. 402, a municipal corporation (the
"School District") and the CITY OF PORT ORCHARD, a municipal corporation (the
"City").
1EXCISE TAX EXEMPT JUL 15 2013
I. RECITALS
WHEREAS, the Interlocal Cooperation Act, Chapter 39.34 RCW authorizes the
City and the School District to enter into an agreement for cooperative action for the
benefit of the community and the School District; and
WHEREAS, proposed future residential and commercial development within the
City's Sidney/Sedgwick Sanitary Sewer Service Area requires the development of certain
additional sanitary sewer infrastructure, including a lift station and appurtenances, force
main, and gravity line (collectively, the "Pottery Lift Station Facility" or the lift station
and appurtenances, individually, as the "Pottery Lift Station"); and
WHEREAS, the City has determined that the appropriate location for the
proposed Pottery Lift Station Facility to serve the needs of the City is the School
District's Cedar Heights Junior High School property located at 2220 Pottery Avenue,
Port Orchard, WA ("Cedar Heights School" or "Cedar Heights School Property"); and
WHEREAS, the Cedar Heights School Property contains a vacant and unused
portion of land that the City has determined is a suitable and convenient location for the
future Pottery Lift Station Facility; and
WHEREAS, the Cedar Heights School's sanitary facilities currently discharge
into a gravity line owned and operated by the City; and
WHEREAS, the School District's Capital Facilities Plan provides for replacement
of the existing Cedar Heights School in the future; and
WHEREAS, the School District is willing to cooperate with the City and make
land available at the Cedar Heights School Property for the City's proposed Pottery Lift
Station Facility to benefit the community and the School District's future needs under
certain terms and conditions as set forth herein; and
Interlocal Agreement re Lift Station Facility
Page 1 of 10
06-11-13
WHEREAS, the City and the School District desire to enter into this Agreement
in order to set forth their respective rights and responsibilities in regard to the location,
design, and use of the proposed Pottery Lift Station Facility.
II. AGREEMENT
NOW, THEREFORE, the parties agree as follows:
1. Purpose. The purpose of this Agreement is to establish the terms and conditions for
the School District's grant of an Easement for development of the Pottery Lift Station
Facility and to set forth the parties' respective rights and responsibilities in regard to
construction of the proposed Pottery Lift Station Facility on the Cedar Heights School
Property under a certain Easement to be conveyed by the School District to the City
as more particularly described in Section 2 below.
2. Grant of Easement. The School District, as Grantor, shall execute a Sanitary Sewer
Easement in favor of the City, as Grantee, and its successors or assigns, in the form
attached hereto as Attachment 1 and incorporated by this reference (hereinafter
referred to as the "Pottery Lift Station Facility Easement" or "Easement").
2.1. The Pottery Lift Station Facility Easement is approximately 160 feet x 120 feet in
size. The legal description for and illustrations of the Easement are attached to
Attachment 1 as Exhibits A, B, and C, respectively.
3. Future Improvements within Easement. The parties agree that future improvements
within the Easement will occur in phases.
3.1. Phase 1: "Phase 1 Work" shall commence at the conclusion of the 2012-2013
school year and shall commence no earlier than June 14 and shall finish no later
than August 30, 2013; provided the City may request a thirty (30) day extension
to complete the Phase 1 Work, approval of which shall not be unreasonably
withheld by the School District. During the Phase 1 Work, the City shall:
3.1.1 install and cap a 15" gravity sewer line and a 12" force main in the
approximate locations depicted in Exhibit B to Attachment 1; and
3.1.2 grade and refresh in a commercially reasonable manner the existing gravel
parking area approximately 120 feet x 120 feet in the area depicted on Exhibit B
to Attachment 1.
Interlocal Agreement re Lift Station Facility
Page 2 of 10
06-11-13
All work shall be done pursuant to a temporary construction easement granted by
the School District to the City and at no cost to the School District and in a form
acceptable to the attorneys for the City and the School District.
3.2. Phase 2: Phase 2 shall not commence until such time as construction of the
Pottery Lift Station is required as a condition of approval by the City of a land
use development application submitted for residential or commercial
development within the Sidney/Sedgwick Sanitary Sewer Service Area, or such
Developer's Agreement (or such other contractual obligation) as may be
approved by the City Council. For purposes of this agreement, the applicant of
such development shall hereinafter be referred to as the "Developer".
Phase 2 shall include the following "Design Elements and Specifications" to be
completed by the Developer and shall be written conditions of approval imposed
by the City upon the Developer as part of such land use development approval,
site development or utility approvals, or such Developer's Agreement (or such
other contractual obligation) as may approved by the City Council and the
Developer:
3.2.1. Preparation by the Developer of the design documents required for the
Pottery Lift Station in accordance with the City's specifications and the
following requirements:
3.2.1.1 The Pottery Lift Station and the following improvements within
the Easement shall be generally located as shown on Exhibit B to
Attachment 1 and shall be:
(i) located in the north section of the Easement approximately 40
feet x 120 feet) so as to maximize a parking layout (as set forth
below under Section 3.2.2) for the benefit of the School District and
enclosed by a minimum 5 foot slatted chain link fence and
landscaped around the perimeter of the fenced Lift Station as
approved by the City in coordination with the School District; and
(ii) designed with two gated entrances that are aligned with drive
aisles in the parking lot to be constructed within the southern
section of the Easement.
3.2.2. Preparation of a Parking Lot Plan (which shall include the above -
identified items under Section 3.2.1.1) to be approved by the School
District within a reasonable period of time following submittal of such
Parking Lot Plan and which approval shall not be unreasonably withheld.
The Parking Lot Plan shall include but not be limited to the following
specifications:
Interlocal Agreement re Lift Station Facility
Page 3 of 10
06-11-13
3.2.2.1. The Parking Lot shall be located within the Easement and shall be
approximately 120 feet x 120 feet in size as generally shown on
Exhibit B to Attachment 1.
3.2.2.2. The Parking Lot shall be properly graded (for stormwater runoff)
and a base course shall be placed thereon at such depth as is
required by the City in consultation with the School District in the
exercise of its reasonable discretion, inclusive of rip rap and 1/4"
minus.
3.2.2.3. The Parking Lot will be paved with HMA pavement at such depth
as is required by the City in consultation with the School District in
the exercise of its reasonable discretion. Parking stalls shall be
striped and wheel stops installed.
3.2.3. Preparation of a Utility Latecomer's Agreement between the City and the
Developer in a form approved by the City, if requested or required.
3.3. Phase 3: Phase 3 shall consist of the construction, at the sole cost of the
Developer, of the Pottery Lift Station and the Parking Lot as specifically
identified under the Design Elements and Specifications set forth under Section
3.2 above (the "Phase 3 Work"). The Phase 3 Work shall begin after the
Developer receives the necessary approvals and permits from the City and after
the School District has approved the Parking Plan. The Phase 3 Work shall be
performed during those periods when students are not present at Cedar Heights
School or at such other times as agreed upon between the School District and
the Developer in the exercise of the School District's reasonable discretion.
Prior to commencement of the Phase 3 Work, the Developer shall provide the
District with not less than fourteen (14) days' advance notice in accordance with
Section 6.1 below and the Developer shall make its bests efforts to coordinate a
pre -construction meeting with the School District and the City. The Phase 3
Work, including the Parking Lot, shall be guaranteed by the Developer for the
Maintenance Period required under the City's Development Regulations.
4. School Sewer Connection.
4.1. Cedar Heights School Existing Sewer Connection.
4.1.1. The City acknowledges and recognizes that the Cedar Heights School has
an approved sanitary sewer system and is authorized to be connected to
the City's sewer system to serve the Cedar Heights School.
Interlocal Agreement re Lift Station Facility
Page 4 of 10
06-11-13
4.1.2. At present, the Cedar Heights School's wastewater discharges to the
City's gravity sewer line (known as Sewer Trunk G) via the existing Cedar
Heights School pump station. Sewer Trunk G extends north and connects
to Sewer Trunk E that runs through wetlands to the intersection of
Tremont Street and Port Orchard Boulevard where it connects to Sewer
Trunk D and is conveyed to the South Kitsap Wastewater Treatment
Facility.
4.1.3. The School District is not required to make any changes to its existing
sewer connection to continue to operate the Cedar Heights School after
construction of the Pottery Lift Station Facility.
4.2. The Proposed Pottery Lift Station Facility and the Existing Cedar Heights
School.
4.2.1. Upon construction of the Pottery Lift Station by the Developer, the School
District shall have the right, but not the obligation, at the School District's
sole discretion, to establish a new connection for the Cedar Heights School
to the City's sanitary sewer system, as follows:
4.2.1.1. The School District may establish a new connection to the sewer
main in Lippert Avenue (Sewer Trunk E) which connects to Sewer
Trunk D and the South Kitsap Wastewater Treatment Facility, thus
bypassing the Pottery Lift Station Facility;
4.2.1.2. The School District may maintain its existing connection to the
sewer main in Pottery Avenue (Sewer Trunk G) via the existing
Cedar Heights pump station which will connect to a new sewer
main running north in Pottery Avenue to connect with Sewer
Trunk H in Tremont Street; or
4.2.1.3. The School District may establish a new connection to the Pottery
Lift Station which will connect to a sewer main in Pottery Avenue.
4.2.2. The School District shall be responsible for all design, permitting, and
construction costs associated with establishing either of the connections
described above in Sections 4.2.1.1, 4.2.1.2, and 4.2.1.3.
4.3. The Proposed Pottery Lift Station and a Replacement Cedar Heights School.
4.3.1. In the event the School District replaces the existing Cedar Heights School
with a new school building (the "Replacement School") in the future at
the same location as the existing Cedar Heights School and the Pottery
Interlocal Agreement re Lift Station Facility
Page 5 of 10
06-11-13
Lift Station has been constructed, the City and the School District agree as
follows:
4.3.1.1. The School District shall have the right to establish a sanitary
sewer connection to a Replacement School under one of the three
(3) options set forth above under Sections 4.2.1.1, 4.2.1.2, or
4.2.1.3.
4.3.1.2. The City's sanitary sewer system has adequate pipe capacity and
treatment capacity to serve the Replacement School provided the
Replacement School is approved for not more than 1200 students
and staff collectively.
4.3.1.3. Provided the total number of Students and Staff to be housed in the
Replacement School do not exceed 1200, the School District shall
not be required to pay any City sewer capital facility charge or
treatment facility charge.
4.3.1.4. In the event the total number of Students and Staff to be housed in
the Replacement School exceeds 1200, the School District shall
pay a sewer capital facility charge and any required treatment
facility charge for the total number of Students and Staff in excess
of 1200 based on the City's sewer development regulations at the
time the School District submits a building permit application for
the Replacement School.
4.3.1.5. The School District shall be responsible for all design, permitting,
and construction costs associated with establishing the connections
described above.
4.3.1.6. The provisions of Section 4 shall survive performance of the
obligations set forth under Sections 1 through 3 above and shall
only terminate upon construction of a Replacement School at the
Cedar Heights School Property.
5. No Latecomer's Fee. In the event the Developer constructing the Pottery Lift Station
seeks reimbursement for the costs associated with design, permitting and construction
of the Pottery Lift Station Facility pursuant to a latecomer's agreement as authorized
by City Ordinance No. 1852, as may be amended, and Chapter 35.91 RCW, the
School District shall not be deemed a benefited party nor shall the School District be
required to pay any pro rata share of costs as a condition of connecting to the Pottery
Lift Station Facility.
Interlocal Agreement re Lift Station Facility
Page 6 of 10
06-11-13
6. Notice and Coordination.
6.1. City agrees to use its best efforts to provide the School District with not less than
five days' notice prior to the commencement of the Phase 1 construction
activities set forth under Section 3.1 above. All activities within the Easement
undertaken by the City or Developer as required under this Agreement shall be
coordinated with the following School District representatives:
Tom O'Brien
South Kitsap School District No. 402
2689 Hoover Avenue S.E.
Port Orchard, WA 98366
Tel: (360) 874-6001
Fax: (360) 874-6230
Email: obrien e,skitsap.wednet.edu
Andrew Cain or the then Principal of
Cedar Heights Junior High School
2220 Pottery Avenue
Port Orchard, WA 98366
Tel: (360) 874-6020
Fax: (360) 874-6420
Email: cainga,skitsap.wednet.edu
6.2. All notices provided for herein may be telecopied (with machine verification of
receipt), sent by Federal Express or other overnight courier service or delivered
or mailed registered or certified mail, return receipt requested. If a notice is
mailed, it shall be considered delivered three (3) days after deposit in such mail.
If a notice is sent via telecopy, it shall be deemed received upon receipt of
verification of transmission. If a notice is sent via overnight courier, it shall be
deemed received upon the next business day. The addresses to be used in
connection with such correspondence and notices are the following, or such other
address as a party shall from time to time direct:
City: City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
Telephone: 360-866-4991
Facsimile: 360-876-4980
Attention: City Engineer
Interlocal Agreement re Lift Station Facility
Page 7 of 10
06-11-13
School District: South Kitsap School District No. 402
2689 Hoover Avenue S.E.
Port Orchard, WA 98366
Telephone: 360-874-7001
Facsimile: 360-876-7068
Attention: Superintendent
7. Effective Date; Binding. This Agreement shall be recorded with the Kitsap
County Auditor. The recording date shall be the effective date of this Agreement.
The Agreement shall inure to the benefit of and be binding upon the heirs, personal
representatives, successors and assigns of the parties hereto.
Relationship of the Parties. Notwithstanding any other provisions of this Agreement,
or any other agreements, contracts, obligations which may derive herefrom, nothing
herein shall be construed to make the City or the School District partners or joint
venturers, or to render either party liable for any of the debts or obligations of the
other party, it being the intention of this Agreement merely to create the agreements
set forth herein with regard to the Pottery Pump Station Easement and the uses within
the Easement.
9. Multiple Originals. This Agreement may be executed in multiple copies, each of
which shall be deemed an original.
10. Construction. The captions throughout this Agreement are for convenience and
reference only and the words contained in them shall not be held to expand, modify,
amplify, or aid in the interpretation, construction, or meaning of this Agreement. Each
party has been represented by legal counsel and accordingly waives the general rule
of construction that an agreement shall be construed against its drafter.
11. Attorney's Fees. In the event that either of the parties to this Agreement brings a
lawsuit against another party in order to enforce any provision of this Agreement or to
redress any breach thereof, the prevailing party in any such lawsuit shall be entitled to
recover its costs and reasonable attorney's fees in addition to any other available
remedy.
12. Governin law; aw; jurisdiction; venue. This Agreement will be governed by the laws of
the State of Washington and any legal proceeding arising under it may be brought
only in the courts of Kitsap County, Washington.
13. Severability. If a court of competent jurisdiction holds any provision of the
Agreement to be illegal, invalid, or unenforceable, in whole or in part, the validity of
the remaining provisions will not be affected, and the parties' rights and obligations
will be construed and enforced as if the Agreement did not contain the particular
Interlocal Agreement re Lift Station Facility
Page 8of10
06-11-13
provision held to be invalid. If any provision of the Agreement conflicts with any
statutory provision of the State of Washington, the provision will be deemed
inoperative to the extent of the conflict or modified to conform to statutory
requirements.
IN WITNESS WHEREOF, the parties have caused their duly authorized
representatives to execute this Agreement on the date set forth below.
CITY OF PORT ORCHARD
By.
Timothy e. Matthes
Its: Mayor
Date: _^
ATTEST:
By:
randy Rinearson, City Clerk
APPROVED AS TO FORM:
By: ,Jl T
Gregory A. aco y, City ttorney
PORT
\��G0E1PON Cy9'S
l•
c�. SEAL
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"gr'�.FMBEa1: Cfi
Interlocal Agreement re Lift Station Facility
Page 9 of 10
06-11-13
SOUTH KITSAP SCHOOL DISTRICT
NO. 402:
By: `X�4 z�
Dr. Beverly Cheney
Its: Superintendent
Date: 4 / /1j-�
By
Mary J.�rbac , A orney f?School District
STATE OF WASHINGTON )
) ss.
COUNTY OF KITSAP )
r. ,2-�L�-1 Cl-e- T-`V-Y
On this day personally appeared before me qC�to me known to be the MT m-of
t , the municipal corporation described in and that executed the within
and foregoing instrument, and acknowledged that he signed said instrument to be the free and
voluntary act and deed of said municipal corporation, for the uses and purposes therein
mentioned, and on oath stated that he was authorized to execute said instrument on behalf of
said municipal corporation.
GIVEN under my hand and official seal this 2-LI-l'"day of 2013.
Notary Public NOTARY PUBLIC in and for the State
State of Vhshington
JONELL DIANE UDE of Washington, residing at
My AppointmeM Expir" Feb 7, 2015 UA
Print Nam(? TDne ff Ude
My appointment expires:F°lo 7w I-�
STATE OF WASHINGTON )
ss.
COUNTY OF KITSAP )
On this day personally appeared before me lam. to me known to be the
s rtc o. , the municipal corporation described in
and that executed the within and foregoing instrument, and acknowledged that she signed said
instrument to be the free and voluntary act and deed of said municipal corporation, for the uses
and purposes therein mentioned, and on oath stated that she was authorized to execute said
instrument on behalf of said municipal corporation.
GIVEN under my hand and official seal this _aday of `) L�11/ 2013.
F L 0
Y01ARY
PUB\-\ 1A ; /N'
�� T '•-.1.15.20. • C� ��
OFIWAS���`��\
Interlocal Agreement re Lift Station Facility
Page 10 of 10
06-11-13
)TARY PUBLIC in a
Washington, residing
Print Name:t,_8n1yne-.—"
My appointment expires: _U--
State
t'r-I akor
Interlocal Agreement Between
The City of Port Orchard and the South Kitsap
School District No. 402 Regarding the Sanitary
Sewer Pottery Avenue Lift Station Facility
ATTACHMENT 1
WHEN RECORDED RETURN TO:
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
PORT ORCHARD CITY OF 201307150243
Easement Rec Fee: $ 163.00
07/15/2013 02:02 PO Page 1 of 20
Walter Washington, Kitsap Cc Auditor
11111111 IIIIII III IIIII.111i IIIIIII IIIIII IIII IIII IIIII IIIII IIIIIII III IIIII IIIII IIIII IIII IIII
SANITARY SEWER EASEMENT
R'hol .2n�►-lea( �� �tewrle.ti �
Grantor: South Kitsap School District No. 402
Grantee: City of Port Orchard
Legal Description: Ptn NE4 NE4 and SE4 NE4 S3 T23N R1E
Complete legal description on page 7 of document
Assessor's Parcel No.: Portion 032301-1-011-2000
EXCISE TAX EXEMPT JUL 15 Ma
South Kitsap School District No. 402, a municipal corporation, Grantor, for and in
consideration of certain sanitary sewer improvements, donates, conveys and grants to City
of Port Orchard, a municipal corporation, its successors and assigns, Grantee, a perpetual
non-exclusive easement over, under, in, along, across and upon the following described real
property, situated in the County of Kitsap, State of Washington (the "Easement"):
LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT A
AND INCORPORATED HEREIN BY THIS REFERENCE.
(The "Easement Area")
Portion APN 032301-1-011-2000
for the purpose of constructing, reconstructing, installing, repairing, replacing, operating and
maintaining a sewer pump station, gravity sewer lines, and associated appurtenances,
together with right of ingress and egress thereto without prior institution of any suit or
proceedings of law and without incurring any legal obligations or liability therefor.
Sanitary Sewer Easement
Page 1 of 6
This Sanitary Sewer Easement, as depicted on Exhibits B and C attached hereto and
incorporated herein by this reference, is granted subject to the following terms and
conditions:
1. Grantor's Use of Easement. Grantor shall retain the right to use the surface and
subsurface of the Easement as long as such use does not unreasonably interfere with
the rights granted to the Grantee herein. Except as otherwise agreed by Grantor and
Grantee, Grantor shall not, however, have the right to:
(a) Erect or maintain any buildings or structures within the Easement except for
underground utility structures;
(b) Plant trees, shrubs or vegetation having deep root patterns within those portions
of the Easement that could cause damage to or interfere with the utilities to be
placed within the Easement by the Grantee; or
(c) Develop, landscape or beautify the Easement in any way which would
unreasonably increase the costs to the Grantee of constructing or maintaining
the sanitary sewer improvements therein.
2. Permits. Grantee shall be required to obtain all necessary approvals and permits
from such governmental entities with jurisdiction for the construction, installation,
and any repairs of the sanitary sewer improvements within the Easement.
3. Maintenance and Repair
3.1 Grantee, at Grantee's sole expense, shall be responsible at all times for
maintenance and repair of the sanitary sewer improvements located within the
Easement., including restoration of any portion of the Easement Area to its then
condition prior to such maintenance or repair activity by Grantee.
3.2 In the event that Grantee's activities or use of that portion of the Easement
outside of the location of the sanitary sewer improvements causes the need for a
repair of the Easement Area, Grantee shall be solely responsible, including all
costs therein, for repair of the Easement Area caused by Grantee's activities or
use of the Easement Area.
3.3 In the event that Grantee's sanitary sewer improvements within the Easement
create or cause an unreasonably objectionable odor (the "Odor Issue"), Grantor
shall notify Grantee of such Odor Issue. Grantee, at Grantee's sole expense,
shall take such reasonable measures to correct such Odor Issue to the satisfaction
of Grantor, in the exercise of its reasonable discretion.
Sanitary Sewer Easement
Page 2 of 6
4. Indemnification. Grantee shall indemnify, defend and hold Grantor harmless from
any claims, demands, losses, damages, expenses, and costs, including attorney's fees
and costs, arising from or related to Grantee's use of or activities within the
Easement, including access to the Easement granted hereunder, including but not
limited to the discharge by Grantee, its successors, assigns, invitees, and licensees of
any hazardous materials within the Easement in violation of any applicable federal,
state or local statutes, ordinances, rules and regulations. Grantor shall indemnify,
defend and hold Grantee harmless from any claims, demands, losses, damages,
expenses, and costs, including attorney's fees and costs, arising from or related to
Grantor's use of or activities within the Easement.
5. Miscellaneous.
5.1 All notices provided for herein may be telecopied (with machine verification of
receipt), sent by Federal Express or other overnight courier service or delivered
or mailed registered or certified mail, return receipt requested. If a notice is
mailed, it shall be considered delivered three (3) days after deposit in such mail.
If a notice is sent via telecopy, it shall be deemed received upon receipt of
verification of transmission. If a notice is sent via overnight courier, it shall be
deemed received upon the next business day. The addresses to be used in
connection with such correspondence and notices are the following, or such
other address as a party shall from time to time direct:
Grantee: City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
Telephone: 360-866-4991
Facsimile: 360-876-4980
Attention: Director of Public Works
Grantor: South Kitsap School District No. 402
2689 Hoover Avenue S.E.
Port Orchard, WA 98366
Telephone: 360-874-7000
Facsimile: 3 60-876-7675
Attention: Superintendent
Sanitary Sewer Easement
Page 3 of 6
5.2 This Easement shall be construed and enforced in accordance with the laws of
the State of Washington.
5.3 This Easement shall not be construed more favorably to one party over another,
notwithstanding the fact one party, or its attorney, may have been more
responsible for the preparation of the document.
5.4 If any lawsuit or arbitration, as may be agreed upon between the parties, arises
in connection with or performance under this Easement, the substantially
prevailing party therein shall be entitled to recover from the losing party the
substantially prevailing party's costs and expenses, including reasonable
attorneys' fees, incurred in connection therewith, in preparation therefor and on
appeal therefrom, including those in any bankruptcy proceeding, which
amounts shall be included in any judgment entered therein.
5.5 This Easement constitutes the entire agreement between the parties and no
modification, amendment, addition to or changes to this agreement shall be
valid or enforceable unless in writing and signed by all parties.
5.6 The Easement shall be a covenant running with the land and this Easement (i)
shall burden the Easement Area and (ii) shall be binding upon the successors
and assigns of Grantor and Grantee.
IN WITNESS WHEREOF, this Sanitary Sewer Easement is executed on the date and year
set forth below.
GRANTEE: GRANTOR:
CITY OF PORT ORCHARD, a Washington SOUTH KITSAP SCHOOL DISTRICT
municipal corporation NO. 402, a Washington municipal
corporation
Its: Mayor
Date: `7
ATTEST:
ranay s
mUgArson, -umc City
qis
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:v •z
A ��•A�
�ArEMBE'Q;:��a�,��:
-,�45,
OF�w�As,
erk
By:
_ 4,� �2
Dr. Beverly ehedey
Its: Superintendent
Date: G /—/ 5 /Z.3
Sanitary Sewer Easement
Page 4 of 6
STATE OF WASHINGTON )
) ss.
County of KITSAP )
On this day personally appeared before me Timothy C. Matthes to me known to be the
Mayor of the City of Port Orchard, the municipal corporation described in and that
executed the within and foregoing instrument, and acknowledged that he signed said
instrument to be the free and voluntary act and deed of said municipal corporation, for the
uses and purposes therein mentioned, and on oath stated that he was authorized to
execute said instrument on behalf of said municipal corporation.
GIVEN under my hand and official seal this a day of 2013.
OTARY UBEIC in an for the State of
Washington _
Print Name:
My appointment expires:
Sanitary Sewer Easement
Page 5 of 6
STATE OF WASHINGTON )
) ss.
County of KITSAP )
On this day personally appeared before me Dr. Beverly Cheney to me known to be the
Superintendent of South Kitsap School District No. 402, the municipal corporation
described in and that executed the within and foregoing instrument, and acknowledged
that she signed said instrument to be the free and voluntary act and deed of said
municipal corporation, for the uses and purposes therein mentioned, and on oath stated
that she was authorized to execute said instrument on behalf of said municipal
corporation.
GIVEN under my hand and official seal this2ytl" day of 1tiQ- 2013.
Notary Public
State of Washington
JONELL DIANE UDE
My Appointment Expires Feb 7. 2015
OiaK-i. la &e
40TAIRZY PUBLIC in and for the State of
Washington
Print Name, e l l D i ar►e U d e
My appointment expires: �_ 6 7p13
Sanitary Sewer Easement
Page 6 of 6
EXHIBIT
(POTTERY AVENUE SANITARY SEWER PUMP STATION EASEMENT)
THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN
KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 3;
THENCE SOUTH 3°11'59" WEST ALONG THE EAST LINE THEREOF AND THE
RIGHT-OF-WAY CENTERLINE OF POTTERY AVENUE 962.85 FEET;
THENCE NORTH 86048'00" WEST 40.00 FEET TO THE WESTERLY RIGHT-OF-
WAY MARGIN OF POTTERY AVENUE AND THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTH 86"48'00" WEST 160.00 FEET;
THENCE SOUTH 03011'59" WEST PARALLEL WITH SAID WESTERLY MARGIN
120.00 FEET;
THENCE CONTINUING SOUTH 86048'00" WEST 160.00 FEET TO ' SAID
WESTERLY MARGIN;
THENCE NORTH 3011'59" EAST ALONG SAID WESTERLY MARGIN TO THE
TRUE POINT OF BEGINNING.
SECTION CORNER. 34 35
CASED KITSAP COUNTY
CONCRETE MONUMENT.
3 \ 2
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N 88002'59" W N
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EXHIBIT]
1l4 SECTION CORNER.
Portion of the NE 1/4 NE 1/4 of CASK KITSAP COUNTY 3
2
Section 3, T 23 N, R 1 E, W.M., CONCRETE MONUMENT.
City of Port Orchard,
Kitsap County, Washington
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