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089-22 - Resolution - Easement from Century CommunitiesDocuSign Envelope ID: C3539234-DD82-4AOB-91 F2-579DE2072A1 F RESOLUTION NO. 089-22 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 LU21-PLAT FINAL-02 OF MCCORMICK WEST DIVISION 11. WHEREAS, Century Communities of Washington, LLC, a Delaware Limited Liability Corporation is the owner of Kitsap County Assessor's Tax Parcel No. 5696-000-094-0005 located in McCormick West Division 11; and WHEREAS, as a condition of approval of LU21-Plat Final-02 of McCormick West Division 11, 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 No. 5696-000-094-0005 located in McCormick West Division 11, 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 the Century Communities of Washington, 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 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 131h day of September 2022. DocuSigned by: 5114111 }°otit,v� �u�aa,In,SI,u�. Robert Putaansuu, Mayor ATTEST: o DocuSigned by: r� 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 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 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.: 5696-000-094-0005 Additional Reference Document: McCormick West, Division 11, AFN 202203140148 GRANTOR, as owner of the real property legally described as Lot 94, McCormick West, Division 11, Auditor's File No. 202203140148, records of Kitsap County, Washington, hereby establishes a Sight Distance Easement over a portion of said Lot 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. The burdens and benefits of this Easement shall run as covenants with the land. (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: Division President STATE OF WASHINGTON ) )ss. COUNTY OF S1110h6ftUSh, ) ADDITIONAL GRANTEE: City of Port Orchard, a Washington municipal corporation By: Its: On this I � day of 2022, before me, a Notary Public in and for the State of Washington, personally appeared hristian 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 aarrrrt� written ' XN __+fit M 100, +' a 1% 0 rrrr NOTARY PLTB IC ' and for the Stale of Washington, +Qr+'►y = i Residing at 201 ointment ex 97 -%3 � 0280� MY appointment expires P l w� r er���� 2 s Print Name /!p r' Ndriyn ���' , �' Goa` f1j Oar I*440 o+�,1jyy STATE OF WASHINGTOIrV ) )ss. COUNTY OF ) On this day of 22, before me, a Notary Public in and for the State of Vashington, personally ape aced �- "1 personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instruction, on oalh stated that he/she was authorized to execute the instrument, and acknowledged it as the of 3 l h 1 P7f 1`1f�' A to be the free and voluntary'act and deed of said entities for the uses and purposes mentioned in the instruction. IN WTTNES �WI�PF, I have hereunto set my hand and official seal the day and year first above written. "S,�.] l N E F� ''�•��� 1�551on OL ).' ' r'IDAQ �'�`�o��' = PUBLIC in an the State of Washington, 114 07-.4R}� N' = siding at u, . p(JB� _ IC My appointme t expires 0s : �= Print Name Rry^° DocuSign Envelope ID: C3539234-DD82-4AOB-91 F2-579DE2072A1 F CORE DESIGN, INC. BOTHELL WA 98011 CORE PROJECT NO: 20197 06/06/2022 EXHIBIT "A" LEGAL DESCRIPTION — LOT 94 SIGHT DISTANCE EASEMENT THAT PORTION OF LOT 94, MCCORMICK WEST DIVISION 11, ACCORDING TO THE AMENDED PLAT THEREOF RECORDED UNDER RECORDING NUMBER 202203140148, RECORDS OF KITSAP COUNTY, WASHINGTON DESCRIBED AS FOLLOWS: BEGINNING AT THE EASTERLY COMMON CORNER BETWEEN SAID LOT 94 AND TRACT 1 E OF SAID PLAT AND A POINT ON THE WESTERLY RIGHT-OF-WAY MARGIN OF A PUBLIC ROAD DEDICATED BY SAID PLAT; THENCE THE FOLLOWING FOUR COURSES AND DISTANCES ALONG THE COMMON LINE BETWEEN SAID LOT AND MARGIN; THENCE N13055'29"E 9.89 FEET TO A POINT OF TANGENCY WITH A 160.00-FOOT RADIUS CURVE TO THE LEFT; THENCE NORTHERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 19011'45", A DISTANCE OF 53.61 FEET TO A POINT OF TANGENCY; THENCE N05016'16"W 30.89 FEET TO A POINT OF TANGENCY WITH A 25.00-FOOT RADIUS CURVE TO THE LEFT; THENCE NORTHERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 40026'05", A DISTANCE OF 17.64 FEET TO A POINT OF NON -TANGENCY; THENCE S06027'49"E 75.13 FEET; THENCE S14049'51 "W 34.78 FEET TO THE COMMON LINE OF SAID LOT AND SAID TRACT; THENCE S78027'46"E, ALONG SAID COMMON LINE, 4.40 FEET TO THE POINT OF BEGINNING. CONTAINS 464± SQUARE FEET (0.0106± ACRES) 0 Poor'P r sTE� LAB 061p812622. DocuSign Envelope ID: C3539234-DD82-4AOB-91F2-579DE2072A1F _ ------------- THGRNHILL A E `5W --_- ',;�"� Af11 0314% a —{ 1- Q SIGHT DISTANCE EASEMENT SEE SHEET 2 C� C V LOT 94 McCORMICK WEST DIVISION 1 PAGE SIGHT DISTANCE EASEMENT EXHIBIT B x. 12100 NE 195th St, Suite 300�,j'•, ��� 0014 Bothell, Washington 98011 L DESIGN 425.885.7877 Fox425.885.7963 �aN�4L LA�SCALE. 1"=300' r a 150 300 ENGINEERING -PLANNING -SURVEYING-L.A. �I JOB NO. 20197 6-8-22 L� DocuSign Envelope ID: C3539234-DD82-4AOB-91F2-579DE2072A1F 54 55 26 56 0 SllLU c'gRp� Rely `STR�cF�, rr W 57 ct C3 R=25.00 A=40'26'05" L=17.64 95 N05'1616"W 58 94 30.89 I N06'27'49"W R=160.00 A=1911'45" 75.13 L=53.61 N14'49'51"E 34.78 N13'55'29"E 59 9.89 TRACT 1E N78'27'46"W 4.40 PaNT OF BEGINNING si C LOT 94 McCORMICK WEST DIVISION 1� PAGE °r s SIGHT DISTANCE EASEMENT 2 OF 2 : �, EXHIBIT B x: u� 12100 NE 195th St.CORE, Suite 300 Bothell, Washington 98011 DESIGN 425.885.7877 Fax 425.885.7963 � , OD14 ......... f0*4L LA'P SCALE. 1" = 50' 0 25 50 ENGINEERING -PLANNING -SURVEYING-L.A. 2 PIP, JOB NO. 20197 6-8-22