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071-13 - TTMJ LLC / TTKJ LLC - ContractWHEN RECORDED RETURN TO: Gary T Chrey 600 Kitsap Street #202 Port Orchard, WA 98366 LAND TITLE 201310150245 Memorandum Of Lease Roo Fee! $ 132.00 10l15/2013 e2;66 PM Page! 1 of 11 Walteri iiiiiii ii1111, iiiiii i ��ai iiiAuditor i Title Order Number: E-249330CA DOCUMENT TITLE(S): Memorandum of Lease REFERENCE NUMBER(S) OF DOCUMENTS ASSIGNED OR RELEASED: GRANTOR(S): City of Part Orchard, a Washington Municipal Corporation GRANTEE(S): TTMJ LLC, a Washington Limited Liability Company ABBREVIATED LEGAL DESCRIPTION: TAX PARCEL NUMBER(S): 9999-999-999-9999 I, Cathie Ames for Land Title, am requesting an emergency nonstandard recorded for an additional fee of $50.00 as provided in RCW 36.18.010. i understand that the recording processing requirements may cover u or otherwise obscure some part of the text of the original doe Signature: LPB 01.05 MAIL RECORDED ORIGINAL TO: Gary T. Chrey Shiers Law Firm LLP 600 Kitsap Street, Suite 202 Port Orchard, WA 98366 FOR RECORDER'S USE MEMORANDUM OF LEASE GRANTOR/LESSOR: CITY OF PORT ORCHARD A WASHINGTON MUNICIPAL CORPORATION GRANTEE/LESSEE: TTMJ LLC A WASHINGTON LIMITED LIABILITY COMPANY ABBREVIATED LEGAL: 4- S w 5") .2 5 —.2-ti - TAX PARCEL NUMBER: MEMORANDUM OF LEASE THIS MEMORANDUM OF LEASE shall evidence that there is in existence a Lease as described herein. The parties have executed this Memorandum of Lease for recording purposes only as to the Lease hereinafter described, and it is not intended to and shall not modify, amend, supersede or otherwise affect the terms and provisions of said Lease. In the event of any conflict between this Memorandum of Lease and the Lease, the Lease shall control. All of the capitalized terms contained herein are defined in the Lease. 1. Name of Document: LEASE No. 071-13 2. Name of Lessor: CITY OF PORT ORCHARD a Washington municipal corporation 3. Name of Lessee: TTMJ LLC a Washington limited liability company 4. Address of Lessor: City Clerk COURTESY RECORDING ONLY... NO LIABILITY FOR VALIDITY AND/OR ACCURACY BY LAND TITLE OF KITSAP COUNTY 5. Address of Lessee: 6. Date of Lease: City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 TTMJ LLC P.O. Box 569 Port Orchard, WA 98366 August 27, 2013 7. Premises/Leased The Premises/Leased Property is legally described on Exhibit A Property: attached hereto and made a part hereof and shown on Exhibit B attached hereto and made a part hereof. 8. Commencement Date: The Term commences on September 1, 2013. 9. Initial Lease Term: September 1, 2013 to July 31, 2023 10. Option to Renew: One (1) option to renew for ten (10) years from August 1, 2023 to July 31, 2033 This Memorandum of Lease may be executed in any number of counterparts, all of which taken together shall constitute one and the same instrument. A copy of the Lease is on file with Lessor and Lessee at their respective offices the contact addresses of which are set forth above. The parties have executed this Memorandum of Lease as of the dates set forth in their respective acknowledgments. [The Remainder of this Page Intentionally Left Blank. Signature Page Follows.] LESSOR: CITY OF PORT ORCHARD By: Timothy C. Matthes, Mayor Date signed: f 0-- I — / ATTEST: Brandy Rinearson, City derk Date signed: r0 -- q — / '3_ APPROVED AS TO FORM: By: ,�ftAXVA� Gregory A. Jac y City A' t orney Date signed: 10 — q - 13 LESSEE: T Its: Manager/Member Date signed: 1 ®' 1 ®' 1 3 STATE OF WASHINGTON ) ss. County of Kitsap ) I certify that I know or have satisfactory evidence that Mickie L. Hoem is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath, stated that she was authorized to execute the instrument and acknowledged it as the Manager and Member of TTMJ LLC to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: Ch ? "O�pTgq�%N; V. NOTARY U LIC • as �. * Print Name: m:A;., �UBL�G�e. ,� _ My appointment expires: G O. AS STATE OF WASHINGTON ) ss. County of Kitsap ) I certify that I know or have satisfactory evidence that Timothy C. Matthes is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath, stated that he was authorized to execute the instrument and acknowledged it as the Mayor of the City of Port Orchard to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: 1y - Y ' 301 \N E F(0iisio � f c0' BLIC N i�i9J,cC I1 �6 20) 0P►wASN,N 0����\\ JP,V?-,Inn 4 SoL43 P(jFAkY P BLIC nt Name. My appointment expires: 1 1- .) L/ Exhibit A Legal Description `(Hard C W uffer andAssociates - Licensed LandSurveyors 217 Sidney Avenue Port Orchard, WA 98366 Telephone (360)876-3443 Fax (360)377-5951 www.wcmassoc.com EIN 90-0011360 --- UBI 600385 020 August 26, 2013 Revised September 9, 2013 Modified September 20, 2013 Parking Area CITY OF PORT ORCHARD to TTMJ, LLC That portion of Lots 15 thru 17 inclusive, Block 7, portion of alley in the center of Block 7, portion of Lot 14, Block 8 and portion of Cedar Street between Block 7 and 8 of the Plat of Tom Cline's Addition to Sidney, as filed in Volume 1, page 29 of plats, records of Kitsap County, Washington lying Southeasterly, Southerly and Southwesterly of the centerline of the Gig Harbor -Harper section of State Road Number 14 "Port Orchard to South Colby, Kitsap County", approved January 29,1929, sheet 2 of 7 sheets and Southwesterly of the Westerly margin of SR 166 "Retsil Ferry Dock and Parking Lot" as shown on sheet 5 of 7 sheets dated February 8,1944 and amended January 21,1992 and being portion of the Southwest quarter of the Southwest quarter of Section 25, Township 24 North, Range 1 East W.M., situate in Kitsap County, Washington more particularly described as follows: BEGINNING at a point on the South line of Lot 15, Block 7 of the Plat of Torn Cline's Addition to Sidney, as filed in Volume 1, page 29 of plats, records of Kitsap County, Washington, said point being 31.39 feet right of Station 9+83.58 of the Gig Harbor -Harper Section of the Gig Harbor "Y" Connection of said State Road Number 14 "Port Orchard to South Colby, Kitsap County", approved January 29,1929, sheet 2 of 7 sheets; thence Northeasterly in a straight line 22.11 feet more or less to a point 25.09 feet right of Station 10+06.59 of said Gig Harbor -Harper Section of the Gig Harbor "Y" Connection; thence Northeasterly, Easterly and Southeasterly alone the arc of a non - tangent curve to the right having a radius of 313.33 feet and an arc length of 222.18 feet more or less to a point 18.45 feet right of Station 12+42.36 of said Gig Harbor -Harper section of the Gig Harbor "Y" Connection, said point also being on the Southwesterly Right of Way of SR 166 "Retsil Ferry Dock and Parking Lot" as shown on sheet 5 of 7 sheets dated February 8,1944 and amended January 21,1992 and being 70.00 feet right of Station 12+70.86 of said SR 166 "Retsil Ferry Dock and Parking Lot"; thence Southeasterly, along said Southwesterly Right of Way, being a curve to the left, having a radius of 643.00 feet and an arc length of 27.61 feet more or less to the intersection of a curve 34.73 feet right of the centerline of said Gig Harbor -Harper Section of the Gig Harbor "Y" Connection, said point being 70.00 feet right of Station 12+95.48 of said SR 166 "Retsil Ferry Dock and Parking Lot" and also being Station 12+66.46 of said Gig Harbor -Harper Section of the Gig Harbor "Y" Connection; thence leaving said intersection run Northwesterly, Westerly and Southwesterly along a non -tangent curve to the left having a radius of 323.37 feet and an arc length of 250.28 feet and being 34.73 feet right of the centerline of said Gig Harbor -Harper Section of the Gig Harbor "Y" Connection of said State Road Number 14 "Port Orchard to South Colby Kitsap County" to it's intersection with the said South line of Lot 15, Block 7 of the Plat of Tom Cline's Addition to Sidney, said point being 34.73 feet right of Station 9+89.30 of said Gig Harbor -Harper Section of the Gig Harbor "Y" Connection; thence Westerly along the South line of said Lot 15, Block 7 in the Plat of Tom Cline's Addition to Sidney 6.17 feet more or less to the POINT OF BEGINNING. All as shown on "Diagram" recorded under Auditor's File Number 201309230.120 and filed in Book 78 page 47 of surveys, records of Kitsap County, Washington and by this reference made a part hereof. Exhibit B Diagram -Lot23 `Lot 22�- i \ 1 mow_ -- i 2 r-_ NB92453 W it a ' Lot 8 t + Z 00 Lot r I p az%as Qs}� I I D {1T� F q ����ggqP IAtJY.6t'Ji''" --- -N 1 � T24.83 . I. - °`= - __"__'+ \ I N 29'w �i� I _ , 0 Pl Stan. 6A rn f g9 ----- c-•-----_ice='2529^W ----a Lot.10 + 0ti i i 124.W • Lot l_ NW2601•W I � .M.8� w f - - g Lot 21 —� + -- - t------ sr v \ Ig i r \\ ; . �cd , �za T . _ + is1-Pr - -__ + t--- N--�Zso} - a9 N / u I . ._�,_• , 14 _ t 1 1 _-- i 86'2607•w . Lot 11 i i T i F 666_���"("��T . ` isi--. ----- t -�-- N --1~= t I i i / t 20 I\4 �Loo .'1 ��a ' I H`��Lot 20 i_------ti2-wr-- --i > _x3s2eacw --- 1 _�W , + _ gp 1 I. F (//ice• YI,-� G:y , TP4.94 , .�__- 724.34 f--o a1-y't7 124. la 1 i 1Loct 12 Lot19 _ - rr----- _ --- ^---- ues27w d tp t LotI2 t T2e.37 - Lot IS "_-----72437 r- r8917 W- e 1 . t I 3a_ _� 1 / \ .. �. t� Lot 18 + �,� G ' 1-z4. 4IN __ _ / I Lot Is u3377as w + i. i I ! f i ____-____T2SW_-______y h __ M39'273g'W _ 8.10 I if 7 5.j i y I / T' -r 1I. Lot 17`.. q�? <_�y ?a -a +-------rr_esRaTgw - I RloxarraAaerexduwt >��--f a a \/ ' .. A17 ' , ,. ' . y� ,,y 2503. I 1 .` %`•' 7` ? - $' . `� $ ! f d ! B g + mI :i 'r9�A LotI6- i. ea 1 > Qy S 1' Lot Imo' fi s1m' Taso3 +#4 1 I ----- s��. _ -_ Lot 16 .d V4!c$ dPe (3%VciPmtor6 brd7negceMcnber 4*L✓i \' :'; _ _1Ri ca 26 N, fi'.------ .775.I1 >. �t� B44` W 2657.20 i • O . _ B.SQao 1/Tscvmer. ' i 359.25 _ co. Streer- 9 , ' ;. .. .fix,, � .. 5 ,•• } / • . . � - - ---"1'0E-`\ I Wr ya bt3: 4R w 1ae Qy . Sta3 tttii0. £ %/ eA' ��•J a 7. .'�"bo•�'C4 . C$'O - @►,. : am!!" '� ail ff' ..: pmrcllr a washiagw 4=\ ,z rlT ao.ii ' co xbersT—.*zl fte>wrwt dr A. n,r ae�. rew�a.�cr.wm.,a onwu«wrr.me..rwm. . .�k� `s .. �' /• j i w'w�iaerizil soeoiryarzarcnnnnorrrr'. .. .. v1(l �'f - "� RR.vU<Wir Pll Yftr Pr�Y.2.'lbV.rMM1N Rnr• 1'. �J lV _� tlJrwRla ailwP�r�erewln59N. MrfOoNA%_Ar, A� / ,% �sl.e. naore.aw>a.rrwweeonwr+nor »ttseosa Herron Q�`,i '257.00. '/ •^�,vorAalo ypla7l r�enatywr,,t«Mwory00 a qma II0_56 N86e3Iro0°1D N89.2st27- �l ,�„, r n.be, ' (. Dipg°ram shomrin9.. I ��IVort7nbeao'quarter oj'tiie Northa4ut quarter . ;Suwon 36-Tosytuhip�4 orth-Raitgs I .East T.M. ; tatlbra'aLbcrmf+a: � �d pornan . CJgNrtam rwpvw.atou Ptatb � C 'he's Addition to Sidney �S"UR�YOR'.S CERTIFICATE A IRIS. CERTIFICATE � . � Yo7ume 1, page E9 ojptars I Tha mPomreotly npresenteaswvey made by me or undo my di nfn 'HOedtor>emddrs dayof 2073aeam =•� i t°"t°d'r` g, Iy contormance with tl a eguiremerta of the wRM REOOWINCACT t the SecGan 25&.TB Townahip�e�JRarrge W.M. at the request dOtitltorst quarter of the Southwal 47-rter aacc aW lC.7p-r.:. at' y,cR Mrllet Se(.MlOJ12Jr-7owrtstlip 24 North -Range i East W.M. .. WardLMftandAttouL¢f•[icenrsedta++dAuveyors. ''. CountyAua Br -- - - — -- 3 rs, mt3 ' 2179Fd)eyAvertve . - .. _ 3W-SW-26-Y4-oz.L . _ .. 38-24•o1-I- _ Ro Zj. .. Port Q'rlrard, Wa 98366_Phone 136018753443 . •_ •.- -. _ _ _a -, : _ .: _., : tXTORS FlL • AUEIJUMBER Volume - oli ••'LitReile:Ndle Lm W122°3M.4r - rddEaetn.�e..zr. . ZOGO'92301M 8-47 After Recording Please Return to: City Clerk City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 LEASE No. 071-13 This Ground Lease is made and dated this 27th day of August, 2013, by and between TTMJ LLC, a Washington limited liability company ("Lessee"), and the CITY OF PORT ORCHARD, a Washington municipal corporation ("Lessor"), which are referred to hereinafter as "Party" or "Parties" as the context requires. WITNESSETH: WHEREAS, Lessor is the owner of certain real property in the City of Port Orchard containing approximately 3,320 square feet, legally described in Exhibit A and mapped in Exhibit B attached hereto; and WHEREAS, Lessee and its predecessors have been leasing the real property for use as a parking lot under the terms of a lease dated May 18, 1988, as amended July 1, 1998; and WHEREAS, subject to the terms set forth herein, Lessor desires to continue to lease the real property to Lessee and Lessee desires to continue to lease the real property from Lessor as and for a parking lot; NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is agreed as follows: 1. Premises and Term. City of Port Orchard Lease No. 071-13 Page 1 of 9 1.1 In consideration of the covenants and agreements hereinafter set forth and other good and valuable consideration, Lessor hereby leases unto Lessee the following described property situated in Port Orchard, Kitsap County, Washington containing approximately 3,320 square feet, legally described in Exhibit A and mapped in Exhibit B attached hereto (the "Premises") 1.2 The term of the Lease shall commence on the 1st day of September, 2013 and end on the 31st day of July, 2023. Subject to the provisions herein and provided Lessee is in full compliance with the lease terms at the end of the initial term, Lessee shall have the option of renewing the lease for one additional ten year term commencing August 1, 2023. If Lessee intends to exercise said option, Lessee shall provide Lessor with written notice of intent to renew the lease not less than 90 days prior to the expiration of the initial lease term. 2. Rent. 2.1 Lessee agrees to pay to Lessor monthly rental based on the following schedule: September 1, 2013 to July 31, 2014: $0.65 per square foot per twelve month period x 3,320 square feet = $2,158.00 per twelve month period / 12 = $179.83 per month which shall be applicable to the eleven month period from September 1, 2013 to July 31, 2014. On August 1, 2014, the annual rent shall be increased by one hundred percent (100%) of that percentage increase set forth in the All Urban Consumers Index (CPI-U) (1982-1984=100) for the Seattle -Tacoma - Bremerton area for the prior twelve (12) month July to June period, as is specified by the Bureau of Labor Statistics, United States Department of Labor; provided, however, the COLA increase shall not be less than two percent (2%). 2.2 Said monthly rental shall be due and payable on the 1st day of each month during the term of this Lease. In the event payment of the monthly rental is more than ten (10) days late, there shall be added to the rent a sum of Twenty Five Dollars ($25.00) per day for each day that the rent is more than ten (10) days delinquent. City of Port Orchard Lease No. 071-13 Page 2 of 9 2.3 As additional rent, Lessee agrees to cut the grass in the landscaping area immediately north of and adjacent to the Premises on a regular basis and in accordance with past practice. 3. Payment of Leasehold Excise Tax. As required by Chapter 82.29A RCW, Lessee agrees to pay as additional rent the leasehold excise tax, which is currently 12.84% but may be subject to change during the term of this Lease. Annually, the Lessor shall calculate the amount of the tax owing and Lessee shall pay said amount in monthly installments. 4. Utilities. Lessee agrees to pay for all utilities, if any. 5. Maintenance and Repair. Lessee shall keep the Premises in good condition. Lessor shall not be called on to make any repairs occasioned by the negligence of the Lessee or Lessee's agents or employees. 6. Lessee's Repairs and Alterations. Lessee agrees to keep the Premises neat and clean, to repair all damage to the Premises caused by Lessee's use other than ordinary wear and tear; and upon surrendering possession, to leave the Premises in good condition, except for ordinary wear and tear and damage by fire, the elements, or other casualty. The Lessee will not make any alterations, additions, or improvements to the Premises without the prior written consent of the Lessor which shall not be unreasonably withheld. It is recognized and agreed by the Lessor and the Lessee that all improvements currently located on the Premises are owned by the Lessee. 7. Damage by Casualty. In the event the Premises shall be destroyed or damaged by fire or other casualty so that the same shall be unfit for use, then the Lessor shall, within fifteen (15) days after said casualty, notify the Lessee whether or not Lessor elects to rebuild the Premises. If Lessor elects not to rebuild the Premises, then this Lease shall be terminated and all rents will be adjusted as of said date of election. If Lessor elects to rebuild the Premises, then the rent shall be suspended for such period as Lessee is not in possession and until the Premises can be made fit for the Lessee's occupancy. The Lessor and the Lessee hereby expressly waive their right of claim of recovery against the other party for loss, damage, or injury from fire or other casualty included in the extended coverage insurance endorsement, whether due to negligence of any of the parties, their agents, or employees, or otherwise. 8. Condemnation. In the event of any condemnation proceedings, this Lease shall terminate upon the taking of possession by any public body. Lessee shall not be entitled to the benefits of any condemnation award, save and except City of Port Orchard Lease No. 071-13 Page 3 of 9 any rights Lessee may have for moving costs under separate provisions of the laws of the State of Washington attributable to the rights of the tenants only. 9. Indemnification and Liability. Lessee agrees to save harmless and indemnify Lessor against and from all demands, claims, causes of action, or judgments, and all reasonable expenses incurred in investigating or resisting the same for injury to person, loss of life, or damage to property occurring on the Premises and arising out of Lessee's use and occupancy; and Lessee agrees to carry liability insurance to protect Lessor with insurance limits to be approved by Lessor and said approval shall not be unreasonably withheld. 10. Holding Over. If Lessee remains in possession of the Premises after the expiration of this Lease, such possession shall, if rent is accepted by Lessor, create a month -to -month tenancy on the terms herein specified, and said tenancy may be terminated at any time by either party by thirty (30) days' written notice to the other party of such termination. 11. Assignment and Subletting. Lessee shall not assign this Lease nor sublet the Premises without Lessor's written consent, which written consent shall not be unreasonably withheld. 12. Insolvency. In the event the Lessee is adjudicated bankrupt or insolvent, or a Receiver or Trustee is appointed for the Lessee, either voluntarily or involuntarily, or if the Lessee makes an assignment for the benefit of creditors, this Lease shall immediately terminate without further action on the part of Lessor or Lessee. 13. Waivers. One or more waivers of any covenants or conditions by Lessor shall not be construed as a waiver of a subsequent breach of the same covenant or condition or agreement. 14. Use of Premises. Lessee will use and occupy the Premises throughout the entire term hereof for the following purpose and no other purpose. Lessee agrees not to violate any law, ordinance, rule, or regulations of any governmental authority having jurisdiction of the Premises. The nature of the occupancy is for purposes of: parking lot associated with the adjacent real property to the south which is currently occupied by the Hi -Joy Bowling Alley. 15. Default. It is agreed that if Lessee shall abandon or vacate the Premises before the end of the term, or if any rent shall be due and unpaid, or if default is made of any of the covenants and agreements to be performed by Lessee as set forth herein, then the Lessor may, at its option, enter upon the City of Port Orchard Lease No. 071-13 Page 4 of 9 Premises and re -let the same for such rent and upon such terms as Lessor may see fit; and if the full rental herein shall not be realized by Lessor over and above any expense to Lessor in such re -letting, Lessee will pay all deficiency promptly upon demand, or the Lessor may declare this Lease terminated and forfeited and take possession of the Premises, and Lessee agrees to pay a reasonable attorney fee and the costs of any Court action should it be necessary to enforce any of Lessor's remedies in this paragraph contained if Lessor is the prevailing party. Lessor agrees to pay a reasonable attorney fee and the costs of any Court action if Lessee should be the prevailing party. CITY OF PORT ORCHARD Byf�� Timothy C. Mathes, Mayor Date signed: `�S o�7 1 :�,- ATTEST: By: ( Brandy 4inearsron, CMC, City Clerk Date signed: 51, . 13 APPROVED AS TO FORM: :5 �F ?13RT.0 regory A Ja oby, CV, J Attorney ned: LESSEE: TTMJ LLC By: Yr4k.L,6. QWV Mickie L. Hoem Its: Manager/Member Date signed: 9 - AO' 15 City of Port Orchard Lease No. 071-13 Page 5 of 9 STATE OF WASHINGTON ) ss. County of Kitsap ) I certify that I know or have satisfactory evidence that Mickie L. Hoem is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath, stated that she was authorized to execute the instrument and acknowledged it as the Manager and Member of TTMJ LLC to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: '? — Z�— k S o�dSS10,yFF��i� A�s 'Oueo NSA G ��1J T30,2�. OirWASN NOTAR PUBLI Print Name: G4:`'C "K—. My appointment expires: $ City of Port Orchard Lease No. 071-13 Page 6 of 9 STATE OF WASHINGTON ) ss. County of Kitsap ) I certify that I know or have satisfactory evidence that Timothy C. Matthes is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath, stated that he was authorized to execute the instrument and acknowledged it as the Mayor of the City of Port Orchard to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: ( 1 -13 N\NE.F(py%,,� M �ssion'F� (NPTARY PU LIC ° NoTARy N': R int Name: e'Y1 14 e �1C ..•! = My appointment expires: PUB0 0 IW SN\\\\\\��� City of Port Orchard Lease No. 071-13 Page 7 of 9 Exhibit A Legal Description City of Port Orchard Lease No. 071-13 Page 8 of 9 Ward C JKurfer andAssociates - Licensed GandSurveyors 217 Sidney Avenue Port Orchard, WA 98366 Telephone (360)876-3443 Fax (360)377-5951 www.wcmassoc.com EIN 90-0011360--U61600 385 020 August 26, 2013 Revised September 9, 2013 Modified September 20, 2013 Parking Area CITY OF PORT ORCHARD to TI'MJ, LLC That portion of Lots 15 thru 17 inclusive, Block 7, portion of alley in the center of Block 7, portion of Lot 14, Block 8 and portion of Cedar Street between Block 7 and 8 of the Plat of Tom Cline's Addition to Sidney, as filed in Volume 1, page 29 of plats, records of Kitsap County, Washington lying Southeasterly, Southerly and Southwesterly of the centerline of the Gig Harbor -Harper section of State Road Number 14 "Port Orchard to South Colby, Kitsap County", approved January 29,1929, sheet 2 of 7 sheets and Southwesterly of the Westerly margin of SR 166 "Retsil Ferry Dock and Parking Lot" as shown on sheet 5 of 7 sheets dated February 8,1944 and amended January 21,1992 and being portion of the Southwest quarter of the Southwest quarter of Section 25, Township 24 North, Range 1 East W.M., situate in Kitsap County, Washington more particularly described as follows: BEGINNING at a point on the South line of Lot 15, Block 7 of the Plat of Tom Cline's Addition to Sidney, as filed in Volume 1, page 29 of plats, records of Kitsap County, Washington, said point being 31.39 feet right of Station 9+83.58 of the Gig Harbor -Harper Section of the Gig Harbor "Y" Connection of said State Road Number 14 "Port Orchard to South Colby, Kitsap County", approved January 29,1929, sheet 2 of 7 sheets; thence Northeasterly in a straight line 22.11 feet more or less to a point 25.09 feet right of Station 10+06.59 of said Gig Harbor -Harper Section of the Gig Harbor "Y" Connection; thence Northeasterly, Easterly and Southeasterly alone the arc of a non - tangent curve to the right having a radius of 313.33 feet and an arc length of 222.18 feet more or less to a point 18.45 feet right of Station 12+42.36 of said Gig Harbor -Harper section of the Gig Harbor "Y" Connection, said point also being on the Southwesterly Right of Way of SR 166 "Retsil Ferry Dock and Parking Lot" as shown on sheet 5 of 7 sheets dated February 8,1944 and amended January 21,1992 and being 70.00 feet right of Station 12+70.86 of said SR 166 "Retsil Ferry Dock and Parking Lot"; thence Southeasterly, along said Southwesterly Right of Way, being a curve to the left, having a radius of 643.00 feet and an arc length of 27.61 feet more or less to the intersection of a curve 34.73 feet right of the centerline of said Gig Harbor -Harper Section of the Gig Harbor "Y" Connection, said point being 70.00 feet right of Station 12+95.48 of said SR 166 "Retsil Ferry Dock and Parking Lot" and also being Station 12+66.46 of said Gig Harbor -Harper Section of the Gig Harbor "Y" Connection, thence leaving said intersection run Northwesterly, Westerly and Southwesterly along a non -tangent curve to the left having a radius of 323.37 feet and an arc length of 250.28 feet and being 34.73 feet right of the centerline of said Gig Harbor -Harper Section of the Gig Harbor "Y" Connection of said State Road Number 14 "Port Orchard to South Colby Kitsap County" to it's intersection with the said South line of Lot 15, Block 7 of the Plat of Tom Cline's Addition to Sidney, said point being 34.73 feet right of Station 9+89.30 of said Gig Harbor -Harper Section of the Gig Harbor "Y" Connection; thence Westerly along the South line of said Lot 15, Block 7 in the Plat of Tom Cline's Addition to Sidney 6.17 feet more or less to the POINT OF BEGINNING. All as shown on "Diagram" recorded under Auditor's File Number 201309230120 and filed in Book 78 page 47 of surveys, records of Kitsap County, Washington and by this reference made a part hereof. Exhibit B Map City of Port Orchard Lease No. 071-13 Page 9 of 9 --- 4� I . ..1.... i 1 LOt_8- _...:---Ltn--1- -- - - ------------L. Nss•2ass• w I z I ... __ _.. _. z i ._ _ I h I Lot 23 I 724.85 .1 N I I 12485 85 N89.2456'W \ Lot 22 i I $ i^ �� i i -----------------1fit111N a 8 a Lot 9 1 85 i 1 i t 1 724.85 v / f _N89.2s2SW 0 t 4 __ I �� '� Lot I IA 9 .. 1 _M I I. _ 724.ee _____ I 1------N89°2529_W ___ L �r fJ 25 I i !9�7[_:W' Lot .. \ y, 0 / 1®�' 1. 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SURVEYOR'S CERTIFICATE AUDITOR'S CERTIFICATE �_ / %T.ttt»re 1, page 29 ofplats This map correctly represents a survey made by me or under my di ion in Riled for record ttu's Za3 day of Q_2013 at S:3% n , ��� '� kc t d i. - conformance with the requirements of the SURVEY RECORDING ACT t the JoriLhwesL uarter o She Southwest uarter.. - ¢ Mp q Section 25&36 Township 241\ Range Z East W.M. at the request - 4 -f q yv-sof 0 L�� request 7TMJLLC a Wmhi on LimitedL;aaaifyCompany' of ,y,� R M.16 Section 2. 5-Township 24 North -Range 1 East W.M. 1'v Dtccm6:raa,aoog .T�K �1t - s BY JPeviie�jl�r6, �os9 i Ward C. Muller and Associates -Licensed Land Surveyors' - Cou t y.>4" 217Sidney Avenue - Port Orchard, Wa 98366MBER SW-SW-25-24-01.1__ NNW-NW-36-24-OS-1- „-Phone (360)876-3443 - - -''. ' - .'•"'7^• •S`P'O 1O 'AUDITOR'S FILE NUMBER O1 Volume ge �`Latitude':N 4763228.08' Longitude W 122°38'09.41' - � rue«tN.rar,m. ZOGO9Z3o1Za 784'7