070-23 - Resolution - Release of Deed RestrictionDocuSign Envelope ID: F4B55362-1036-478E-B615-B579613B62CA
RESOLUTION NO. 070-23
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR TO SIGN A RELEASE OF DEED RESTRICTION FOR LOTS 1, 2 AND 3
OF PORT ORCHARD INDUSTRIAL PARK DIVISION 2.
WHEREAS, in 2005, the then owners of real property identified as Kitsap County Tax
Parcel No. 342401-3-033-2002, commonly referred to as Lots 1, 2, and 3 of the Port Orchard
Industrial Park Division 2 Plat, executed and recorded a Deed Restriction at the direction of the
City of Port Orchard; and
WHEREAS, the Deed Restriction prohibits the issuance of any building permits for Lots 1,
2, and 3 of Port Orchard Industrial Park Division 2 until certain improvements were completed
pursuant to City Permit No. 9236 and accepted by the City; and
WHEREAS, Public Works staff has reviewed and recommends acceptance of the
required improvements and confirmed they are complete; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: The City Council authorizes the Mayor to sign a Release of Deed Restriction for
Lots 1, 2, & 3 of Port Orchard Industrial Park Division 2, hereby attached as Exhibit A,
and to take all action consistent with this authorization to effectuate the same.
THAT: The 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 on this 111" day of July 2023.
ATTEST:
Docu Signed by:
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Brandy Wallace, MMC, City Clerk
EDocuSigned by:
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Robert Putaansuu, Mayor
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DocuSign Envelope ID: F4B55362-1036-478E-B615-B579613B62CA
RECORDING REQUESTED BY,
AND WHEN RECORDED RETURN TO:
CITY OF PORT ORCHARD
Attn: City Clerk, Brandy Wallace
216 Prospect Street
Port Orchard, WA 98366
DOCUMENT TITLE:
REFERENCE NUMBER(S) OF
RELATED DOCUMENTS:
GRANTOR:
ABBREVIATED LEGAL
DESCRIPTION:
ASSESSOR'S PROPERTY TAX
PARCEL/ACCOUNT NUMBER(S):
Release of Deed Restriction
200505190055;200505050045;3106119
CITY OF PORT ORCHARD
SEE EXHIBIT A
5491-000-001-0004;5491-000-002-0003;
5491-000-003-0002
RELEASE, DISCHARGE AND TERMINATION OF
DEED RESTRICTIONS ON PLAT
This Release, Discharge and Termination of Deed Restrictions on Plat (this
"Release") is made, executed and given effective this day of July 2023.
WHEREAS, in 2005, the then owners of real property identified as Kitsap
County Tax Parcel No. 342401-3-033-2002, legally described as set forth on Exhibit A
hereto and commonly referred to as Lots 1, 2, and 3 of the Port Orchard Industrial Park
Division 2 Plat (the "Property"), executed and recorded a Deed Restriction at the
direction of the City of Port Orchard, a copy of which is attached hereto as Exhibit B and
incorporated herein by this reference; and
WHEREAS, the Deed Restriction (Exhibit B) prohibits the issuance of any
building permits for Lots 1, 2 and 3 of Port Orchard Industrial Park Division 2, until
certain improvements were completed pursuant to City Permit No. 9236 and accepted by
the City; and
WHEREAS, the City has reviewed and accepted the required improvements; and
WHEREAS, the Deed Restriction (Exhibit B) instructs that the Deed Restriction
shall be released and building permits shall be issued upon review and acceptance of the
required improvements; and
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WHEREAS, as a consequence of the foregoing, the Deed Restrictions on the Plat
are no longer relevant to or needed for the purposes for which imposed and should be
formally released of record, now, therefore:
1. Each of the foregoing recitals is true and incorporated into and made a part
of the terms of this Release.
2. The City confirms that all required improvements have been constructed,
inspected and accepted by the City. Accordingly, the Deed Restrictions set on Exhibit B
hereto are hereby unconditionally, irrevocably and forever fully waived, released,
discharged, terminated and canceled and are of no further force or effect.
DATED AND EFFECTIVE the day and year first written above.
CITY OF PORT ORCHARD
By:
Robert Putaansuu, Mayor
STATE OF WASHINGTON )
) ss
COUNTY OF KITSAP )
I certify that I know or have satisfactory evidence that is the
person who appeared before me, and said person acknowledged that he signed this
instrument, on oath stated that he was authorized to execute the instrument as the
on behalf of the City of Port Orchard and
acknowledged it to be the free and voluntary act for the uses and purposes mentioned in
the instrument.
DATED:
NAME:
(Print Name)
Notary Public in and for the State of Washington
Commission Expires:
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EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
PARCEL NO. 5491-000-001-0004
LOT 001, PORT ORCHARD INDUSTRIAL PARK DIV. 2, ACCORDING TO THE
PLAT RECORDED IN VOLUME 31 OF PLATS, PAGE(S) 200-202, INCLUSIVE,
RECORDS OF KITSAP COUNTY, WASHINGTON; SITUATE IN KITSAP
COUNTY, WASHINGTON.
PARCEL NO. 5491-000-002-0003
LOT 002, PORT ORCHARD INDUSTRIAL PARK DIV. 2, ACCORDING TO THE
PLAT RECORDED IN VOLUME 31 OF PLATS, PAGE(S) 200-202, INCLUSIVE,
RECORDS OF KITSAP COUNTY, WASHINGTON; SITUATE IN KITSAP
COUNTY, WASHINGTON.
PARCEL NO. 5491-000-003-0002
LOT 003, PORT ORCHARD INDUSTRIAL PARK DIV. 2, ACCORDING TO THE
PLAT RECORDED IN VOLUME 31 OF PLATS, PAGE(S) 200-202, INCLUSIVE,
RECORDS OF KITSAP COUNTY, WASHINGTON; SITUATE IN KITSAP
COUNTY, WASHINGTON.
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EXHIBIT B
COPY OF RELEASED DEED RESTRICTION
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N. L. OLSON Q ASSOCIATES, INC.
2453 Bethel Avenue
P.O. Box 637
PORT ORCHARD, WASHINGTON 98366
(360) 876-2284
VAV /9CA% 07L 1I07
Ilt
WE ARE SENDING YOU Attached ❑ Under separate cover via
Ll Shop drawings ❑ Prints ❑ Plans
❑ Copy of letter ❑ Change order ❑
DA I E-�--
JOB NO
ATTENTION
RF.
❑ Samples
the following items:
❑ Specifications
COPIES
DATE
NO.
DESCRIPTION
i
THESE ARE TRANSMITTED as checked below:
❑ For approval
For your use
❑ As requested
❑ For review and comment
❑ FORBIDS DUE
REMARKS
❑ Approved as submitted
❑ Approved as noted
❑ Returned for corrections
171
❑ Resubmit
❑ Submit _
❑ Return —
copies for approval
—copies for distribution
corrected prints
20 ❑ PRINTS RETURNED AFTER LOAN TO US
COPY TO
SIGNED:
M encloaures am not as noted, kindly notify us at once.
DocuSign Envelope ID: F4B55362-1036-478E-B615-B579613B62CA
200505190055
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NORNAN L OLSION DEED t2i,6& Kitsat.-, Co.. lJA1L 14F'
200505050045
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05/65/2005 12: 03P
NORNRN L OLSON DEED $21.00 Kitsap Co, WA
EXCISE TAX EXEW T 14 A Y a 2 005
After Recording Please Return To:
Norman L. Olson II PE
NL Olson & Associates -��� ���
P.O. Box 637 %�
Port Orchard, WA 98366,��
DOCUMENT TITLE: DEED RESTRICTION
REFERENCE NUMBER(S) OF RELATED DOCUMENTS: 3106119
GRANTOR(S): WARREN E. LUMSDEN / f
GRANTEE(S):
LEGAL DESCRIPTION (abbreviated form): S34 T24 R1E L1,2,3
ASSESSOR'S PROPERTY TAX PARCEL/ACCOUNT NUMBER: 342401-3-033-
2002
KNOW ALL PERSONS PRESENT AS FOLLOWS:
Warren E. Lumsden is the owner of certain real property legally described as Lots 1,
2, and 3 of the Port Orchard Industrial Park Division 2. The plat for Divisions 1 and 2
of Port Orchard Industrial Park is recorded under Auditor's File No. 3106119, records
of Kitsap County, Washington.
A copy of the plat for the Port Orchard Industrial Park is attached as Exhibit A to this
document and incorporated herein by reference as though fully set forth.
The City of Port Orchard has issued Lumsden and/or his agents an
excavation/stormwater permit that requires Lumsden to make certain improvements
on Lots 1, 2, and 3. The City has requested that this deed restriction be put in place
DocuSign Envelope ID: F4B55362-1036-478E-B615-B579613B62CA
on Lots 1, 2, and 3 of Division 2 of Port Orchard Industrial Park prohibiting the
issuance of any building permits for said lots until the improvements described in the
excavation/stormwater permit have been completed pursuant to City Permit No. 9236
and accepted by the City.
NOW, THEREFORE,
Warren E. Lumsden by his signature hereto restricts the title of Lots 1, 2, and 3 of
Division 2 of the Port Orchard Industrial Park plat to prohibit the issuance of any
building permits until the excavation and stormwater improvements on these
properties are completed per City Permit No. 9236 and accepted by the City. Upon
the recording on these Lots 1, 2, and 3 of Division 2 of the Port Orchard Industrial
Park plat of the final acceptance by the City of Port Orchard that the improvements
required by City Permit No. 9236 have been completed, this deed restriction shall be
released and building permits shall issue.
Dated this `(' Ct f M , 2005.
Warren E. Lumsden
STATE OF WASHINGTON
ss.
County of Kitsap
On this day personally appeared before me, Warren E. Lumsden, to me
ler'�m to be the individual described in and who executed the within and foregoing
sneht and acknowledged that he signed the same as his free and voluntary act
�•�anq, fted, for the uses and purposes therein mentioned.
under my hand and official seal this day of .2005.
NOTARY PUBLI"exires.
Print Name:
My appointm
200505050045
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