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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 T F :t �SEAL• "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 •G0 :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 \j Lippert Drive N 88002'59" W N 1 i-- - n i O i 40' 1301 Q 1 I H 00 °° e t f �b O CS p c +J � Scale; 1 "=100' ; 3 ,a Wh Iz� N IQ N 86°48'00" W 160,00, E+ h c SANITARY SEINER a PUMP STATION EASEMENT c t o S 86048'00" E 160.00, 1 1 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 10 HEE s 3 = CI ■ -, z _< azo i FRzozd ■ ■ ■ z K z 9<� r+ �■ ■ z Ell >1 �,2 Z fti..i ;a... ■. I. n�... --17 t r7,1 ■ `2a es ■....■......■ a ■ ■■■ulpuuu■■ui■i■■by■ d __•rs"` uca- � � � � (7 � � CS � 6 m x zzi:, ' Iq 66.2' I Ivy` rl F !li a i IR12 acrA;s jl3 - .1 i 'VS I i xi it JOP t.�� `a 1Air.,•:, Y\ a � i \ \ \ I�1-66■IYu �1-66WIYut E W66t01Yv W� T pO .J r OT E_ W' =in I A � I C � Oo'�n La+yOry tlJ10LCL 9 i