085-22 - Resolution - Easement from Mainvue, WADocuSign Envelope ID: C3539234-DD82-4AOB-91F2-579DE2072A1F
RESOLUTION NO.085-22
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR TO ACCEPT A PUBLIC PEDESTRIAN ACCESS EASEMENT FROM
MAINVUE WA, LLC, PURSUANT TO THE CONDITIONS OF APPROVAL FOR
SUBDIVISION LU21-PLAT FINAL-02 OF MCCORMICK WEST DIVISION 11.
WHEREAS, Mainvue WA, LLC, a Delaware limited liability company, is the owner of Kitsap
County Assessor's Tax Parcels Nos. 5696-000-027-0007, 5696-000-042-0008, 5696-000-044-0006,
5696-000-045-0005, 5696-000-048-0002 and 5696-000-049-0001, 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 Mainvue WA, LLC grant a Public Pedestrian Access Easement to the
City of Port Orchard over a portion of Kitsap County Assessor's Tax Parcels Nos. 5696-000-027-0007,
5696-000-042-0008, 5696-000-044-0006, 5696-000-045-0005, 5696-000-048-0002 and 5696-000-
049-0001, as legally described in Exhibits A and B of the Declaration of Public Pedestrian Access
Easement, attached hereto as Attachment A and incorporated herein by this reference; and
WHEREAS, the easement is binding upon Mainvue WA, LLC, its heirs, successors and assigns,
including subsequent owners; 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 Mainvue WA, 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.
DocuSigned by:
I�abt*f P4M A Suu.
389 92 3F5847D .
Robert u aansuu, Mayor
ATTEST: QpRT aRC.
DocuSigned b/y:'',, �(
Li
V'GuA, 1N-L''aoaPORar�a• ,=
SEAL
Brandy Wa lace, MMC, City Clerk = ~
•.r_ moo.
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): Mainvue WA, LLC, a Washington Limited Liability Company
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 1 E, W.M.
City of Port Orchard, Kitsap County, Washington.
Additional Legal Description:
Assessor's Tax Parcel Nos.:
Additional Reference Document
See Exhibits A & B of this document
5696-000-027-0007, 5696-000-042-0008,
5696-000-044-0006, 5696-000-045-0005,
5696-000-048-0002,5696-000-049-0001
McCormick West, Division 11, AFN 202203140148
This DECLA TION OF PUBLIC PEDESTRIAN ACCESS EASEMENT ("Declaration") is
made effective 2022, by the undersigned GRANTOR, as owner of the real property
legally described as Lots 27, 42, 44, 45, 48, and 49, 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.
1. 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.
DocuSign Envelope ID: C3539234-DD82-4AOB-91F2-579DE2072A1F
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
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-91F2-579DE2072A1F
GRANTOR:
Mainvue WA, LLC
a Washington mited Liability Company
By: -
Its• 9IL4f51flg—r
STATE OF WA 1NGTON ]
)ss.
COUNTY O l }
On this L day of , 2022, before me, a Notary Public in
and for the State of Washington, personally appeared 4monally known to
me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instruction,
on o tated that It /she was authorized to execute the instrument, and acknowledged it as the
�1 t+ K r _ _ _ of
to V A P � — W r L [L(- to be the free and
GRANTEE:
City of Port Orchard,
a Washington municipal corporation
By:
Its:
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
MOMQUE MRYAN NO RY PURL i nd for tfif State df Washington,
LICENSE # 183638 Residing at WIC -
MY COMMISSION F,Jugm My appointmentexpires L
FEBRUARY 17, 2024 p
Print Name ! "�tAA (`-I.0 VA cir,
STATE OF WASHINGTON )
)ss.
COUNTY OF )
On this 111� day of . c• 2022, before me, a Notary Public in
and for the State of Washington, personally appeared s ), personally known to
me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instruction,
on oat tated thathe/she was authorized to execute the instrument, and acknowledged it as the
t A of
Ci r to be the free and
voluntary a t and deed of said entities for the uses and purposes mentioned in the instruction.
IN WITNESS WHEREOF, l have hereunto set my hand and official seal the day and year first above
written. ■`,,,��til,lnFrlgj'j//�
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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
A STRIP OF LAND 8.00 FEET IN WIDTH OVER A PORTION LOTS 44 AND 45, MCCORMICK
WEST DIVISION 11, ACCORDING TO THE AMENDED PLAT THEREOF RECORDED UNDER
RECORDING NUMBER 202203140148, RECORDS OF KITSAP COUNTY, WASHINGTON,
SAID STRIP LYING 4.00 FEET, EACH SIDE OF THE COMMON LINE BETWEEN SAID LOTS
OF THE HEREIN DESCRIBED STRIP CENTERLINE:
BEGINNING AT THE EASTERLY COMMON CORNER BETWEEN SAID LOTS AND A POINT
ON THE WESTERLY RIGHT-OF-WAY MARGIN OF A PUBLIC ROAD DEDICATED BY SAID
PLAT;
THENCE ALONG THE COMMON LINE BETWEEN SAID LOTS 2.50 FEET TO THE
TERMINUS OF SAID LINE;
TOGETHER WITH A STRIP OF LAND 8.00 FEET IN WIDTH OVER A PORTION LOTS 48
AND 49 OF SAID PLAT, SAID STRIP LYING 4.00 FEET, EACH SIDE OF THE COMMON LINE
BETWEEN SAID LOTS OF THE HEREIN DESCRIBED STRIP CENTERLINE:
BEGINNING AT THE EASTERLY COMMON CORNER BETWEEN SAID LOTS AND A POINT
ON THE WESTERLY RIGHT-OF-WAY MARGIN OF A PUBLIC ROAD DEDICATED BY SAID
PLAT;
THENCE ALONG THE COMMON LINE BETWEEN SAID LOTS 2.50 FEET TO THE
TERMINUS OF SAID LINE;
TOGETHER WITH THE SOUTH 4.00 FEET OF THE EAST 2.50 FEET OF LOT 27 OF SAID
PLAT;
TOGETHER WITH A STRIP OF LAND 8.00 FEET IN WIDTH OVER A PORTION LOT 42 OF
SAID PLAT, SAID STRIP LYING 4.00 FEET, EACH SIDE OF THE FOLLOWING DESCRIBED
STRIP CENTERLINE:
COMMENCING AT THE EASTERLY COMMON CORNER BETWEEN SAID LOT 42 AND LOT
43 AND A POINT ON THE WESTERLY RIGHT-OF-WAY MARGIN OF A PUBLIC ROAD
DEDICATED BY SAID PLAT,
THENCE S17022'24"E, ALONG SAID MARGIN, 4.76 FEETTO A POINT OF TANGENCY WITH
A 160.00-FOOT RADIUS CURVE TO THE RIGHT;
THENCE CONTINUING SOUTHERLY ALONG SAID MARGIN AND SAID CURVE, THROUGH
DocuSign Envelope ID: C3539234-DD82-4AOB-91 F2-579DE2072A1 F
A CENTRAL ANGLE OF 33`08'16", A DISTANCE OF 92.54 FEET TO THE POINT OF
BEGINNING OF THE HEREIN DESCRIBED STRIP CENTERLINE;
THENCE N74014'09"W 2.50 FEET TO THE TERMINUS OF SAID LINE,
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CONTAINS 80± SQUARE FEET (0.0018± ACRES) Oak
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DocuSign Envelope ID: C3539234-DD82-4AOB-91F2-579DE2072A1F
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EXHIBIT B
72100 NE 195th St., Suite 300 014
COREBothell, Washington 98011 ? z 6?
L7ES+GN 425.885.7877 Fax 425.885.7963 GNRL
ENGINEERING -PLANNING-SURVEYING-LA.
JOB NO. 20197 6-8-22
DocuSign Envelope ID: C3539234-DD82-4AOB-91F2-579DE2072A1F
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PUB. PED. ACCESS EASEMENT
2 OF 4
EXHIBIT B
12100 NE 19SIh St, Suite 300 SOL4 4 =
RorheB,Washington 98011 aa► T¢
CORE
DESIGN 42S.895.7877 Fox 425.88S.7963 SAL LAB
ENGINEERING -PLANNING -SURVEYING-L.A.
JOB NO_ 20197 6-8-22
DocuSign Envelope ID: C3539234-DD82-4AOB-91F2-579DE2072A1F
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PUB. PED. ACCESS EASEMENT 3 of 4
EXHIBIT B
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CORE 8p14
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�� DESIGN 425,885.7877 Fax425.885,7963 ANAL LAB SCALE. 1" = 40'
0 20 40
ENGINEERING -PLANNING -SURVEYING-LA.
JOB NO. 20197 6-8-22
DocuSign Envelope ID: C3539234-DD82-4AOB-91F2-579DE2072A1F
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PUB. PED, ACCESS EASEMENT
EXHIBIT B 4 of 4
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- 1 1210O NE 1951h St., Suite 300 �l�y - 014
�CORE Bothell, Washington 98011
� DESIGN
425.885.7877 Fox 425.885.7963 �pAtAL LA.O
ENGINEERING -PLANNING-SURVEYING.L.A
JOB NO. 20197 6-8-22