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088-22 - Resolution - Easement from Pulte Homes of WA, LLCDocuSign Envelope ID: C3539234-DD82-4AOB-91F2-579DE2072A1F RESOLUTION NO. 088-22 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO ACCEPT A PUBLIC PEDESTRIAN ACCESS EASEMENT FROM PULTE HOMES OF WASHINGTON, INC., PURSUANT TO THE CONDITIONS OF APPROVAL FOR SUBDIVISION LU21-PLAT FINAL-02 OF MCCORMICK WEST DIVISION 11. WHEREAS, Pulte Homes of Washington, Inc., a Washington Corporation, is the owner of Kitsap County Assessor's Tax Parcel No. 5696-000-114-0001, 5696-000-120-0003 and 5696-000-121- 0002 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 Pulte Homes of Washington, Inc. grant to the City of Port Orchard a Public Pedestrian Access Easement over a portion of Kitsap County Assessor's Tax Parcel Nos. 5696- 000-114-0001, 5696-000-120-0003 and 5696-000-121-0002, as legally described in Exhibit 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 the Grantor, 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 Pulte Homes of Washington, Inc., 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 13th day of September 2022. DocuSigned by: I�obtJ'f P4M A SWu, Robert Putaansuu, Mayor ADD ST; F;OCUSigned alA 1NAUL Brandy Wallace, MMC, City Clerk 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): Pulte Homes of Washington, Inc., a Washington 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 1E, W.M. City of Port Orchard, Kitsap County, Washington. Additional Legal Description: See Exhibits A & B of this document Assessor's Tax Parcel Nos.: 5696-000-114-0001, 5696-000-120-0003, 5696-000-121=0002 Additional Reference Document: McCormick West, Division 11, AFN 202203140148 This DECLAMATION OF PUBLIC PEDESTRIAN ACCESS EASEMENT ("Declaration") is made effective - ) 3 , 2022, by the undersigned GRANTOR, as owner of the real property legally described as Lots 114, 120, and 121, 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. DocuSign Envelope ID: C3539234-DD82-4AOB-91 F2-579DE2072A1 F 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: Pulte Homes of Washington, Inc a Washington Corporation ts: S ATE OF WASHINGTON ) GRANTEE: City of Port Orchard, a Washington municipal corporation By: Its: )ss. COUNTY OF ) On this _ day of �l>ll , 2022, before me, a Notary Public in and for the State of Washington, personally appeareCl Saw golot , 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 Vp * IAIN9 of to be the free and voluntaryact add deed of said entities for the Wes- and purposes mentioned in the instruction. IN WITNESS }T,Qy1�OF, I have hereunto set my hand and official seal the day and year first above written. ,•''ro1B Wi11/� ,''a,� O�' gfy�•, NOTARY P L C in and for the State of Washington, Residing at EMU NOTARY N ; [ _ 01, My appointment expires P U UPrint Name ' •�: �~ PIS STATE OF WASlidtIlt�' ) )ss. COUNTY OF ) On this day of 022, before me, a Notary Public in and for the State of ashington, personally appear �-' �)ff - personally known to me (or proved to me on the basis of satisfactory evid nee) 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 1 / ('r'�_ to be the free and voluntary a and deed of said entities for the uses and purposes mentioned in the instruction. IN WITNESS,WTIEREOF, I have hereunto set my hand and official seal the day and year first above written. ���'N�l �.. F Go �'15-��2� A Y PUBLIC in and for a State f Washington, _ ND7RRy (Rofsiding at r �+ U8l.iG w = My appointme expires N :n _ 1, • �� �ry`v: Print Name t ,`r���IWASµi�0��.�` 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 120 AND 121, 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 LOT 114 OF SAID PLAT, SAID STRIP LYING 4.00 FEET, EACH SIDE OF THE FOLLOWING DESCRIBED STRIP CENTERLINE: COMMENCING AT THE COMMON NORTHERLY CORNER OF SAID LOT AND LOT 113 AND A POINT ON THE SOUTHERLY RIGHT-OF-WAY MARGIN OF A PUBLIC ROAD DEDICATED BY SAID PLAT, THENCE N65034'12"W, ALONG SAID MARGIN, 3.35 FEET TO A POINT OF TANGENCY WITH A 25.00-FOOT RADIUS CURVE TO THE LEFT; THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 08-43-05", A DISTANCE OF 3.80 FEET AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED STRIP CENTERLINE; THENCE S15042'42"W 2.50 FEET TO THE TERMINUS OF SAID LINE. CONTAINS 40t SQUARE FEET (0.0009± ACRES) oe�410L DocuSign Envelope ID: C3539234-DD82-4AOB-91F2-579DE2072A1F 121 PUBLIC PEDESTRIAN ACCESS EASEMENT MODORMKK VIEST SEE DETAIL BELOW DIMON 11 AFN 202 401148 SCALE. 1" W 40' 120 y� 0 20 40 Q4 4� 109 119 110 PUBLIC PEDESTRIAN 121 ACCESS EASEMENT 8.0D� r ► y 2.50 ��r �d 120 ► 4.0 r, �T SCALE. 1" s 10' 0 5 10 I �.� C . MCCORMICK WEST DIVISION 11 PAGE R� PUB. PER ACCESS EASEMENT 1 OF 2 ^EXHIBIT B 1 'o I2100 NE 195►h Sr., Suite 300 14 4 OREBothell, Washington 98011 }Q. Y �a6 DFSIC,N 425.865.7877 fox 423,885.7963 GNdL LA ENGINEERING -PLANNING-SURVEYING.L.A JOB NO. 20197 6-8-22 DocuSign Envelope ID: C3539234-DD82-4AOB-91F2-579DE2072A1F mcom"m WT AFN 202=40148 A�Sy' SCALE. 1" - 40' 0 20 40 PUBLIC PEDESTRIAN ACCESS EASEMENT 115 SEE DETAIL BELOW A. 114 113 �O 4� �v POINT OF R=25.00 BEGINNING 6=8'43'05' L-3.80 N15 42'42'E 2.50 N65'34'12'W 3.35 W 4. PUBLIC PEDESTRIAN 8.00 1� ACCESS EASEMENT SCALE:1"10' 114 113 D 5 10 c . MCCORMICK WEST DIVISION 11 PAGE �' 'aY • a' PUB. PED. ACCESS EASEMENT 2 OF 2� EXHIBIT B 'a 12100 NE 195rh Sr., Suire 300 OREBothell,Washington 98011 DESIGN 425.885.7877 Fox 425.885,7963 L h ENGINEERING -PLANNING -SURVEYING-L.A. JOB NO. 20197 6 -8--22