092-22 - Resolution - SDE with Century CommunitiesDocuSign Envelope ID: E3BB5C94-006F-489E-810E-8388E40DE3A3
RESOLUTION NO. 092-22
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE
MAYOR TO EXECUTE A SIGHT DISTANCE EASEMENT FROM CENTURY COMMUNITIES
OF WASHINGTON, LLC, PURSUANT TO THE CONDITIONS OF APPROVAL FOR
SUBDIVISION LU22-PLAT FINAL-02 OF MCCORMICK WEST DIVISION 12.
WHEREAS, Century Communities of Washington, LLC, a Delaware Limited Liability Company is
the owner of Kitsap County Assessor's Tax Parcel Nos. 5704-000-081-0000 and 5704-000-093-0006
located in McCormick West Division 12; and
WHEREAS, as a condition of approval of LU22-Plat Final-02 of McCormick West Division 12,
Century Communities of Washington, LLC must grant a Sight Distance Easement to the City of Port
Orchard over a portion of Kitsap County Assessor's Tax Parcel Nos. 5704-000-081-0000 and 5704-000-
093-0006 located in McCormick West Division 12, as legally described in Exhibits A and B of the Sight
Distance Easement, attached hereto as Attachment A and incorporated herein by this reference; and
WHEREAS, according to its terms Sight Distance Easement is binding upon Century Communities
of Washington, LLC, its heirs, successors and assigns, including subsequent owners; and
WHEREAS, the City Council finds that acceptance of the proposed easement is in the best
interest 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.
THAT: The Port Orchard City Council approves of and authorizes the Mayor to accept a Sight
Distance Easement from Century Communities of Washington, LLC, and to execute all documents
necessary to effectuate this authorization.
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
City Clerk in authentication of such passage this 25th day of October 2022.
Lb
DocuSlgned by:
l .v% poaaun, w
Robert Putaansuu, Mayor
5ligned by:
A WLluina C•
Brandy Wallace, MMC, City Clerk
After Recording Return To:
McCormick Communities LLC
Attn: Greg Krabbe
805 Kirkland Avenue, Suite 200
Kirkland, WA 98033
SIGHT DISTANCE EASEMENT
Grantor(s): Century Communities of Washington LLC, a Delaware Limited Liability Corporation
and its successors and assigns
Grantee(s): Century Communities of Washington LLC, a Delaware Limited Liability Corporation
and its successors and assigns
City of Port Orchard, a Washington municipal corporation
Abbreviated Legal Description:
A portion of the NW 1 /4 of the SE 1 /4 of Section 8, Township 23N, Range 1 E, W.M.
City of Port Orchard, Kitsap County, Washington.
Additional Legal Description: See Exhibits A & B of this document
Assessor's Tax Parcel Nos.: 5704-000-081-0000, 5704-000-093-0006
Additional Reference Document: McCormick West, Division 12, Phase 1,
AFN 202205260007
GRANTOR, as owner of the real property legally described as Lots 81 and 93, McCormick West, Division
12, Phase 1, Auditor's File No. 202205260007, records of Kitsap County, Washington, hereby establishes
a Sight Distance Easement over a portion of said Lots legally described on Exhibit A and depicted on
Exhibit B attached.
The area within the sight triangle shall be subject to restrictions on placement of potential sight obstructions
(signs, trees, fences, bus shelters, etc.) to maintain a clear view on the intersection approach. Sight
obstructions that may be excluded from these requirements include utility poles and regulatory signs. Sight
obstructions are subject to review by the City Engineer and removal at the direction of the City Engineer,
at owner's expense.
The burdens and benefits of this Easement shall run as covenants with the land.
(Signatures on Following Page)
GRANTOR/ GRANTEE:
Century Communities of Washington LLC
a Delaware irnited Uab ` rporarion
OF
By: &,-- 6
Its: D r*.J.' r
STATE OF WASHINGTON )
)ss.
COUNTY OF 7)
ADDITIONAL GRANTEE:
City of Port Orchard,
a Washington municipal corporation
By: _74,�-�
Its:
On this 3 ` day of OCCj r)ey(- _ , 2022, before me, a Notary Public in
and for the State of Washington, personally appeared 'Utin $ j jj—, personally known to
me (or proved to me on the basis of satisfactory evide ce) to be the person who executed this instruction,
on oath stated that he/she was authorized to execute the instrument, and acknowledged it as the
Cif of
0C Ybi-4 to be the free and
voluntary act and`deed of said entities for the uses and purposes mentioned in the instruction.
IN WITNFtyS REOF, I have hereunto set my hand and official seal the day and year first above
written,,I,y` fyl� f,',''�r�r
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'I ARY PUBLIC in aft or e S atc of Washington,
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esiding at
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My appoint ent expires -
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STATE OF ON )
)ss.
COUNTY OF )
On this C day of -5p p� a m A r 1 , 2022, before me, a Notary Public in
and for the State of Washington, personally appeared M, - & i e- r�., �� ,personally known to
me (or proved to me on the basis of satisfactory evidence) to he the person who executed this instruction,
on oath stated that he/she was authorized to execute the instrument, and acknowledged it as the
g1.t inn 17 ; V_�� ►V pre 4 i c�-,q of
nIC to be the free and
voluntary act azid deed of said entities for the uses and purposes I4ientioned in the instruction.
IN WITNESS WHEREOF, I have hereunto set my handandof
ficial seal the day and year first above
written. `1��������1H �' _ (� _
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LOT 93 McCORMICK WEST DIV 12 PH PAGE
SIGHT DISTANCE EASEMENT 2 OF 3
EXHIBIT B x,
1 6
CORE
1 Both NE 1 Washington
St., Suite 300 a,�'• 801A
Bothell, Washington 98011 . c r q ER • ,
�� DESIGN 425,885.7877 Fox425.885.7963 ALL LA�� SCALE: 1" = 50'
0 25 50
ENGINEERING -PLANNING -SURVEYING-L.A.
JOB NO. 201 J7 6-8-22
82 _
64
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81 �,� 65
N28'01'29" E ��c1
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SIGHT DISTANCE 66
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EASEMENT 1'46"E
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R-Q L-28'29'30"
L=12.43
67
68
72
71
69
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LOT Si McCORMICK WEST D1V 12 pH 1 PAGE
SIGHT DISTANCE EASEMENT 3 OF 3 s' t� N
EXHIBIT B x:
12100 NE 1951h Sr., S�+i+e 344o�', + CORE Bothell, Woshirrr3ren 9807 I G 8014 ¢gyp
DESIGN 425,885.7977 Fux 425.885.7963 fQhrq� liA�p�u SCALE. 1" = 50'
0 25 50
ENGINEERING -PLANNING -SURVEYING-L.A.
JOB NO. 20'197 6-8-22