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125-23 - Resolution - Purchase of Property for Pottery Ave. Sidewalk ExtensionDocuSign Envelope ID: A3A08692-F769-4C93-B266-30ACOE3FBD6B RESOLUTION NO. 125-23 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE PURCHASE OF A PORTION OF KITSAP COUNTY TAX PARCEL NO. 342401-4- 023-2002 FOR THE POTTERY AVE SIDEWALK EXTENSION AND ROAD PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE ALL NECESSARY DOCUMENTS TO EFFECTUATE TRANSACTION. WHEREAS, the City has identified the need to acquire real property to support the construction of the Pottery Ave Sidewalk Extension and Road Project (the "Project"); and WHEREAS, in accordance with the City's Acquisition Procedures, the City retained a Right of Way Acquisition Consultant, Commonstreet Consulting, (the "Consultant") to assist with the Project; and WHEREAS, on March 3, 2023, the City through its Consultant issued an offer letter to the owners of real property located at 1608 Pottery Ave, Kitsap County Tax Parcel No. 342401- 4-023-2002 (the "Property"), to purchase approximately 1,688 square feet of the Property needed for the Project; and WHEREAS, it was determined, after the original administrative offer was made, that the Property's septic drain -field was located within the acquisition area and on November 15, 2023, the City issued a revised offer for the portion of the Property to reflect the costs associated with decommissioning the septic system and connecting the Property to the City's sewerage system; and WHEREAS, the City's Consultant, has negotiated the terms of purchase by the City of the Property; and WHEREAS, the Port Orchard City Council finds it is in the best interest of the City to authorize the acquisition of the Property for $50,000, inclusive of fair market value for the portion the Property to be acquired, necessary landscaping improvements to restore the impacted Property, and the cost to cure the septic issue; 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 this Resolution. THAT: The City Council authorizes the acquisition of a portion of Kitsap County Tax Parcel No. 342401-4-023-2002, as described in Exhibit A, for the Pottery Ave Sidewalk Extension and Road Project, for a Total Acquisition Payment not to exceed $50,000, plus payment of additional associated closing costs, including the Real Estate Excise Tax, and DocuSign Envelope ID: A3A08692-F769-4C93-B266-30ACOE3FBD6B Resolution No. 125-23 Page 2 of 2 authorizes the Mayor or designee to execute all necessary documents to effectuate the purchase. 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 1911 day of December 2023. DzaonSaigned by: b Pna,SUU.�unn7naaRobert Putaansuu, Mayor ATTEST: DocuSigned by: Brandy Wallace, MMC, City Clerk DocuSign Envelope ID: A3AO8692-F769-4C93-B266-30ACOE3FBD6B Exhibit A ORCHARDe November 15, 2023 Claimant Royce D. Magneson 1608 Pottery Ave Port Orchard WA 98366 Re: Revised Offer Letter and Receipt Project Title: Pottery Ave Sidewalk Extension and Road Diet Project Project No: PW 2023-002 Parcel No.: 4-023 Tax ID No.: 342401-4-023-2002 Dear Royce Magneson: The City of Port Orchard (City) plans to improve Pottery Ave near your home at 1608 Pottery Ave. In order to construct, install, and maintain the sidewalk improvements as designed, we need to acquire property rights from you so that we can preserve the project's functionality. I have attached a drawing which shows the area we need to purchase. In the offer letter dated March 3, 2023, the City offered to purchase property and improvements owned by you and identified as Parcel Number 4-023. Due to the discovery of your septic drainfield located within the acquisition area after the Administrative Offer Summary (AOS) was completed and Just Compensation was set, it is necessary to withdraw the City's original offer and make a new offer. The City has established an amount it believes is just compensation for the proposed acquisition of a fee area abutting Pottery Avenue. The Agency's revised offer is as follows: -ass & Fencinel PUMK; WORKS 01RF,CTOR ? W PROSPECTS L POR L ORCHARD, WA 9B366 _$11,394.00 $ 3,887.00 $34,719.00 $50,000.00 PHONE (360)876.4991 I FAX (360) 976 4980 EMAIL: PtIBLICWORKSC)CfrYOFPORTORCHARDUS WWW CR YDFPOR WRO LARD US DocuSign Envelope ID: A3AO8692-F769-4C93-B266-30ACOE3FBD6B This offer is being made on a willing buyer/willing seller basis and the sale of these property rights to the City is voluntary. If you decide to accept the offer, the Agency will pay all closing costs including the Real Estate Excise Tax on this transaction. If you decide to reject the offer, then the Agency will notify you in writing that this offer will be withdrawn. The cost to cure captures all related expenses for disconnecting and decommissioning the septic'tank, as well as all expenses for the sewer connection from the single-family home to the sewer cleanout line installed by the City at the seller's property line during the Project. Also included is payment for the removal of any necessary trees, foliage, and related stumps and roots. We have attempted by this letter to provide a concise statement of the purpose, location, and an opinion of value of the proposed acquisition. We hope the information will assist you in reaching a decision. Please feel free to contact me with any questions or concerns. Sincerely, Randy Johnson I Real Property Agent And Right of Way Consultant for City of Port Orchard Public Works 216 Prospect St I Port Orchard, WA 98366 (564) 205-0131 1 Randy@csrow.com RECEIPT OF THIS LETTER IS HEREBY ACKNOWLEDGED. (Please sign below on copy provided. This is necessary to ensure that you received the original of this letter.) I understand that this acknowledgement does not signify my acceptance or rejection of this offer. d 2—� Si ture Date d Signature U Date PUBLIC WORK 216 PROSPECT S I' POR7 ORCHARD, WA 98366 PROW (360)876 499'1 I FAX (960) 876 4980 FMAII: �LICWOFtVtSf��,1]x(jEP�7�ij�f3H�RR�U WWW.CI11'01 POR IORCHAROMS DocuSign Envelope ID: A3AO8692-F769-4C93-B266-30ACOE3FBD6B After recording return document to: City of Port Orchard 216 Port Orchard Port Orchard, Washington 98366 Document Title: Warranty Deed Reference Number of Related Document: N/A Grantors: Royce D. and Desray Magneson, husband and wife Grantee: City of Port Orchard Legal Description: PTN Portion NE SE, 34 24N 01E Additional Legal Description is on Pages 3&4 of Document. Assessor's Tax Parcel Number: PTN 342401-4-023-2002 WARRANTY DEED Pottery Ave Sidewalk Extension and Road Diet Project The Grantors, Royce D. Magneson and Desray Magneson, husband and wife, who acquired title as Royce D. Magneson, as his separate estate, for and in consideration of the sum of TEN AND NO/100 ($10,00) Dollars, and other valuable consideration, hereby conveys and warrants to the City of Port Orchard, a municipal corporation of the state of Washington, Grantee, the following described real property situated in Kitsap County, in the State of Washington: For legal description and additional conditions See Exhibits A and B attached hereto and made a part hereof. It is understood and agreed that delivery of this deed is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Port Orchard unless and until accepted and approved hereon in writing for the City of Port Orchard, by its authorized agent. LPA-302 Page 1 of (4) Pages Parcel No. 342401-4-023-2002 10/2014 DocuSign Envelope ID: A3AO8692-F769-4C93-B266-30ACOE3FBD6B WARRANTY DEED (ceol). Ma eson — on Desray Ma eson Accepted and Approved City IAnrr Orchard By: - Robert Putaansuu Mayor Dale:--- cz— ( 2,4 / Z 3 STATE OF WASHINGTON ) ss County of K1 15gj/:) On this day of -Abyle d Pw,104efore me personally appeared Royce D. Magneson-and-D-camy Magneson to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged that t" signed and sealed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal the day and year last above written. {11111111j �� t.. J O y/r�f�{ ......... �eij� y�Ai �r�ya NOTAi?y u . LPA-302 .0�+WA$H 10/2014 Notary PoKic i for the State of Washington, residing at My commission expires' Page 2 of (4) Pages Parcel No. 342401-4-023-2002 DocuSign Envelope ID: A3AO8692-F769-4C93-B266-30ACOE3FBD6B WARRANTY DEED EXHIBIT A R/W DESCRIPTION KITSAP COUNTY PARCEL 342401-4-023-2002 A PORTION OF RESULTANT PARCEL 1, DECLARATION OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITORS FILE NUMBER 20161206168, RECORDS OF KITSAP COUNTY, WASHINGTON, BEING A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 24 NORTH, RANGE 01 EAST, W.M., KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION, A 3 1/2 INCH BRASS CAP IN MONUMENT CASING, FOUND IN PLACE, FROM WHICH THE EAST QUARTER CORNER OF SAID SECTION, A 3 1/2 INCH BRASS CAP IN MONUMENT CASING, FOUND IN PLACE, BEARS NORTH 00°48'52" EAST, 2647.53 FEET DISTANT; THENCE NORTH 00048'52" EAST ALONG THE EASTERLY LINE OF SAID SUBDIVISION A DISTANCE OF 1,486.45 FEET; THENCE NORTH 88018'02" WEST A DISTANCE OF 10.00 FEET TO THE INTERSECTION OF THE WESTERLY RIGHT OF WAY MARGIN OF POTTERY AVENUE WITH THE SOUTHERLY LINE OF SAID RESULTANT PARCEL 1 AND THE POINT OF BEGINNING; THENCE NORTH 88018'02" WEST ALONG SAID SOUTHERLY LINE A DISTANCE OF 20.00 FEET; THENCE NORTH 00048'52" EAST ALONG A LINE 20.00 FEET WESTERLY OF AND PARALLEL WITH SAID WESTERLY MARGIN A DISTANCE OF 84.39 FEET; THENCE SOUTH 88018'02" EAST A DISTANCE OF 20.00 FEET TO SAID WESTERLY MARGIN; THENCE SOUTH 00048'52" WEST ALONG SAID WESTERLY MARGIN A DISTANCE OF 84.39 FEET TO THE POINT OF BEGINNING. CONTAINING 1,688 SQUARE FEET, MORE OR LESS. 'q easof���� `��'• ��, 49283 �9 LPA-302 10/2014 Page 3 of (4) Pages Grantor's Initials NAVID EVANS ANDASSOCIATES INc. 14432 SE Easlgale Way, Sulle 400 Bellevue, WA 99007 42.5.519 e500 DocuSign Envelope ID: A3AO8692-F769-4C93-B266-30ACOE3FBD6B WARRANTY DEED 34 35 FOUND 3 1/2" BRASS CAP STAMPED"WASHINGTON COUNTY REFERENCE T23N R1" IN CASING w w I 0 z �___-..-_-----__---J I F- m U O _ CL RIGHT OF WAY _ y SUNSET LN - �33 IF- 342401 tt-02320Q2 lu S88'18'02"E 20.00' RESULTANT PARCEL 1 DECLARATION OF 20' RAN TAKE BOUNDARY LINE ADJUSTMENT REC NO. 20161206168 1,688 S.F + ] W , GRAPHICAL DEPICTION M l l M 110' > a ROS REC NO. 20161206169 CN W $f� Z� - - - - - 20.00, a 1-O N1 OF Ir BEGINNING N88°18'02"W 10.00, L ,4 AWAS I v ��'• .p �azeu q ' �arsre� :4 d't �Hdi LA�9$ 34 35 ]�M 3 2 EXHIBIT B PARCEL 342401-4-023-2002 TAX PAYER I MAGNESON ROYCE D TAX PAYER ADDRESS 1608 POTTERY AVE PORT ORCHARD, WA 98366 SITE ADDRESS 1600 POTTERY AVE PORT ORCHARD, WA 98366 TAKE AREA 1.688 S.R SECTION NE 1/4, SE 1/4 SEC. 34, TWP 24 N., RNG. 01 E., W.M. rmommmmoll1lil 25' 50, Grantor's Initials POINT OF COMMENCEMENT FOUND 3 112" BRASS CAP STAMPED"WASHINGTON COUNTY REFERENCE T23N R1" IN CASING A 11 DAVID EVANS ^NoASSOC IATESING. 14432 SE Eaetgete W.Y. S.K. 400 E"Ilews Washington 95007 Phonc 425 519.6500 LPA-302 Page 4 of (4) Pages Parcel No. 342401-4-023-2002 10/201,4 DocuSign Envelope ID: A3AO8692-F769-4C93-B266-30ACOE3FBD6B REAL PROPERTY VOUCHER AGENCY NAME I hereby certify under penally of perjury that the Items and amounts Iisiod herein we proper charges against the Agency, that the same or any part thereof City of Port Orchard has not been paid, and that I ant authorized to sign for the claimant 216 Prospect St _ SIGNATURE (IN INK) FOR EACH CLAIMANT DATED Port Orchard WA 98366 6�6�23 GRAN FOR OR CLAIMANT (NAME, ADDRESS) IN/SSN: I X _ R yc D. Magneso Royce D. and Desray Magneson 1608 Pottery Avenue, Port Orchard WA 98366 PROJECT NO. AND TITLE PW 2023-002 Pottery Ave Sidewalk Extension and Road Diet Project X FEDERAL AID NO. PARCELNO. Desray MagniWon N/A 342014-023-2002 In full, complete and find payment and selllemerd for the Me or interest conveyed or released, as f* set forth In: DATED $ AMOUNT LAND: 1,688 S uare Feet m/1 Fee Title + S11,394.00 IMPROVEMENTS: Landscaping 85 Linear Feet of 5' Fence; 1,688 Square Feet Grass + $3 887.00 DAMAGES: Cost to Cure + Proximity + Other + ,SPECIAL BENEFITS JC(Just Com ensatlon Amount $15 2$1.00 REMAINDER: ' Uneconomic Remnant + Excess Acquisition + DEDUCTIONS: Amount Previously Paid Performance Bond Salvage Amount Pre Paid Rent Other ADMINISTRATIVE SETTLEMENT + $34,719.00 Septic Decommissioning + Sewer Connection Costs for One (1) Single Family Residence + Removal of Trees. Foliage, Stumps Necessary for the Sewer Connection __ + !REAL ESTATE EXCISE TAX To Be Paid By City of Port Orchard AC.tlUlSITltlN AGE J - Right of Way Agent D i �' C, Z Voucher No. "� TOTAL AMOUNT PAID $50,000.00 DATE AUTHORIZED AGENT FOR AGENCY Nick Bond AICP We have agreed to, the compensation listed above as the full and final payment for the loss of our fence and landscaping. The city of Port Orchard will not, at any time in the future, be responsible for any additional costs above and beyond the amount listed above, nor for the construction of such improvement (or repair . IYA-321 IEV2014