084-22 - Resolution - Easement from Century Communities of WashingtonDocuSign Envelope ID: C3539234-DD82-4AOB-91F2-579DE2072A1F
RESOLUTION NO. 084-22
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR TO ACCEPT A PUBLIC PEDESTRIAN ACCESS EASEMENT FROM CENTURY
COMMUNITIES OF WASHINGTON, LLC, PURSUANT TO THE CONDITIONS OF
APPROVAL FOR SUBDIVISION LU21-PLAT FINAL-02 OF MCCORMICK WEST
DIVISION 11.
WHEREAS, Century Communities of Washington, LLC, a Delaware limited liability company, is
the owner of Kitsap County Assessor's Tax Parcels Nos. 5696-000-056-0001 and 5696-000-094-0005,
located in McCormick West Division 11; and
WHEREAS, the conditions of approval for the subdivision LU21-Plat Final-02 of McCormick
West Division 11 require that Century Communities of Washington, LLC grant to the City of Port
Orchard a Public Pedestrian Access Easement over a portion of Kitsap County Assessor's Tax Parcels
Nos. 5696-000-056-0001 and 5696-000-094-0005, as legally described in Exhibits A and B to the
Declaration of Public Pedestrian Access Easement, attached hereto as Attachment A and
incorporated herein by this reference,; and
WHEREAS, if approved, this easement shall be binding upon Century Communities of
Washington, LLC, its heirs, successors and assigns, including subsequent owners of the parcels; and
WHEREAS, the City Council finds that the 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
Public Pedestrian Access 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 13`" day of September 2022.
DSgned by:
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Brandy Wallace, MMC, City Clerk
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DocuSign Envelope ID: C3539234-DD82-4AOB-91F2-579DE2072A1F
After Recording Return To:
McCormick Communities LLC
Attn: Greg Krabbe
805 Kirkland Avenue, Suite 200
Kirkland, WA 98033
DECLARATION OF
PUBLIC PEDESTRIAN ACCESS EASEMENT
Grantor(s): Century Communities of Washington LLC, a Delaware Limited Liability Corporation
and its successors and assigns
Grantee(s): 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 IE, W.M.
City of Port Orchard, Kitsap County, Washington.
Additional Legal Description: See Exhibits A & B of this document
Assessor's Tax Parcel Nos.: 5696-000-056-0001, 5696-000-094-0005
Additional Reference Document: McCormick West, Division 11, AFN 202203140148
This DECLARATION OF PUBLIC PEDESTRIAN ACCESS EASEMENT ("Declaration") is
made effective q - ) 3 , 2022, by the undersigned GRANTOR, as owner of the real property
legally described as Lots 56 and 94, McCormick West, Division 11, Auditor's File No. 202203140148,
records of Kitsap County, Washington. Grantor hereby grants to the City of Port Orchard, a Washington
municipal corporation, a permanent non-exclusive easement ("Public Pedestrian Access Easement") over
and across the subject property as described on Exhibit A and schematically shown on Exhibit B of this
Declaration. Grantor shall not construct or install permanent above -grade structures (except rockeries, wall,
or buildings with the prior approval of the City of Port Orchard) in the Public Pedestrian Access Easement
Area that would interfere with the location, construction, and maintenance of said sidewalk.
Grantor shall maintain the Public Pedestrian Access Easement Area at all times in a safe condition
free of any and all obstructions or defects, including, but not limited to, ice and snow. In the event
Grantor does not so maintain the easement, after thirty (30) days written notice from Grantee,
Grantee shall have the right, but not the obligation, to perform such maintenance with the costs
being borne by Grantor. Costs, both direct and indirect, of such maintenance shall be a lien on
Grantor's property, provided that Grantee shall have such other and further remedies to recover
the cost of such maintenance as provided by law.
2. Grantor shall indemnify and hold the Grantee harmless against any claim, lawsuit, damage or
other loss or cost associated with the use of the Public Pedestrian Access Easement Area on the
DocuSign Envelope ID: C3539234-DD82-4AOB-91F2-579DE2072A1F
subject property arising out of the negligence or willful misconduct of Grantor, their agents,
contractors and employees, including but not limited to any claim or lawsuit for personal or
property injury.
3. This Easement shall run with the land and shall be binding upon the Grantor, its heirs, successors
and assigns and the Grantee.
4. If any party engages an attorney in connection with any action in a court of law or arbitration to
enforce the terms of this Easement, the prevailing party in such action or proceeding will be
entitled to recover its reasonable attorneys' fees and other litigation expenses.
(Signatures on Following Page)
DocuSign Envelope ID: C3539234-DD82-4AOB-91 F2-579DE2072A1 F
GRANTOR/GRANTEE:
Century Communities of Washington LLC
a Delaware Limited Liability Corporation
By:
Its: on President
STATE OF WASHINGTON )
)ss-
COUNTY OF SnohomiS y )
ADDITIONAL GRANTEE:
City of Port Orchard,
a Washington municipal corporation
By:
Its:
On this /�� clay of 7tL t./y , 2022, before me, a Notary Public in
and for the State of Washington, personally appeared Christian Cermak , personally known to
me (or proved to me on the basis of satisfactory evidence) 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
Division President of
Century Communities of Washington. LLC to be the free and
voluntary act and deed of said entities for the uses and purposes mentioned in the instruction.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above
written.
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STATE OF WASIHNGTtN )
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On this Ro day of 022, before me, a Notary Public in
and for the State of Washington, personally appeared personally known to
me (or proved to me on the -basis of satisfactory evidence} 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
of
Z,t Jh r -17 Vtv- -A to be the free and
voluntary a'bt and deed of said entities for the uses and purposes mentioned in the instruction.
IN WITNESS Vi)�F� I have hereunto set my hand and official seal the day and year first above
written. E F L O �1'_'�.,
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A WBEIC in and t e tate of Washington,
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DocuSign Envelope ID: C3539234-DD82-4AOB-91 F2-579DE2072A1 F
CORE DESIGN, INC.
BOTHELL WA 98011
CORE PROJECT NO: 20197
06/08/2022
EXHIBIT "A"
LEGAL DESCRIPTION - PUBLIC PEDESTRIAN ACCESS EASEMENT
THE NORTH 4.00 FEET OF THE EAST 2.50 FEET OF LOT 56, MCCORMICK WEST
DIVISION 11, ACCORDING TO THE AMENDED PLAT THEREOF RECORDED UNDER
RECORDING NUMBER 202203140148, RECORDS OF KITSAP COUNTY, WASHINGTON;
TOGETHER WITH A STRIP OF LAND 8.00 FEET IN WIDTH OVER A PORTION LOT 94 OF
SAID PLAT, SAID STRIP LYING 4.00 FEET, EACH SIDE OF THE FOLLOWING DESCRIBED
STRIP CENTERLINE:
COMMENCING AT A POINT ON THE COMMON LINE OF SAID LOT AND WESTERLY
RIGHT-OF-WAY MARGIN OF A PUBLIC ROAD DEDICATED BY SAID PLAT,
THENCE N05016'16"W, ALONG SAID MARGIN, 21.25 FEET TO THE POINT OF BEGINNING
OF THE HEREIN DESCRIBED STRIP CENTERLINE;
THENCE S84043'44"W 2.50 FEET TO THE TERMINUS OF SAID LINE.
CONTAINS 30± SQUARE FEET (0.0009± ACRES)
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06/08/2022
DocuSign Envelope ID: C3539234-DD82-4AOB-91F2-579DE2072A1F
6-8-22
DocuSign Envelope ID: C3539234-DD82-4AOB-91F2-579DE2072A1F
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SCALE. 1" = 40'
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95
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PUBLIC PEDESTRIAN
1.25
21.25
ACCESS EASEMENT
58
SEE DETAIL BELOW
94
59
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PUBLIC PEDESTRIAN
ACCESS EASEMENT
94
POINT OF
2.50 -~
BEGINNING
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N84'43'44"E
2.50
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8.00
21.25
SCALE. 1" =10'
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MCCORMICK WEST DIVISION 11 PAGE
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PUB. PED. ACCESS EASEMENT 2 OF 2
F� °
EXHIBIT B
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l 12100 NE 195th St., Suite 300
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Bothell, Washington 98011�Y-
CORE
`DESIGN 425.885.7877 Fox425.885.7963
ANAL LAB
ENGINEERING -PLANNING -SURVEYING-L.A.
JOB NO. 20197
6-8-22