124-23 - Resolution - Purchase of Property for Pottery Ave Sidewalk ExtensionDocuSign Envelope ID: A3A08692-F769-4C93-B266-30ACOE3FBD6B
RESOLUTION NO. 124-23
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE PURCHASE OF A PORTION OF KITSAP COUNTY TAX PARCEL NO. 342401-4-
027-2008 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 November 30, 2023, the City through its Consultant issued an offer letter
to the owners of real property located at 1698 Pottery Ave, Kitsap County Tax Parcel No.
342401-4-027-2008 (the "Property"), to purchase approximately 1,800 square feet of the
Property which is needed for the Project and for associated landscaping to redress Project
impacts on the Property; and
WHEREAS, it was determined, after the original administrative offer was made, that an
additional $3,700 as an administrative settlement was necessary to cover capital gains tax costs
associated with the transaction; and
WHEREAS, the City's Right of Way Agent has negotiated the terms of purchase by the
City of the Property and recommends payment to the owners of the Property in the amount of
$26,100, inclusive of fair market value for the portion the Property to be acquired, necessary
landscaping improvements to restore the impacted Property, and an administrative settlement
associated with the tax issue; and
WHEREAS, the City's Right of Way Agent recommends pre -approval of up to $10,000 in
closing costs associated with the transaction in order to ensure timely acquisition for the
Project; 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 the amounts recommended by the Consultant;
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.
DocuSign Envelope ID: A3A08692-F769-4C93-B266-30ACOE3FBD6B
Resolution No. 124-23
Page 2 of 2
THAT: The City Council authorizes the acquisition of a portion of Kitsap County Tax
Parcel No. 342401-4-027-2008, as described in Exhibit A, for the Pottery Ave Sidewalk
Extension and Road Project, for a Total Acquisition Payment not to exceed $26,100, plus
an expenditure of up to $10,000 in associated closing costs and 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.
ATTEST:
DocuSigned by:
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Brandy Wallace, MMC, City Clerk
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DocuSigned by:
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Robert Putaansuu, Mayor
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DocuSign Envelope ID: A3AO8692-F769-4C93-B266-30ACOE3FBD6B
ORCHARD.
November 30, 2023
Claimants
Elizabeth Freeman and Garry Freeman
1698 Pottery Ave
Port Orchard WA 98366
Re: Offer Letter and Receipt
Project Title: Pottery Ave Sidewalk Extension and Road Diet Project
Project No: PW 2023-002
Parcel No.: 4-027
Tax ID No.: 342401-4-027-2008
Dear Elizabeth Freeman and Dale Freeman:
The city of Port Orchard plans to improve Pottery Ave near your home at 1698 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.
The city of Port Orchard has established an amount it believes is just compensation for the
proposed acquisition of a fee area abutting Pottery Avenue. Based on the market value
estimated for your property, we are offering the following:
1 800 Square Foot m f fee title $19,800.00
Improvements: Landscaoing (Grass & Treel $ 2,523.00
Total Compensation: $22,323.00
This offer is being made on a willing buyer/willing seller basis and the sale of these property
rights to the City is voluntary. If you decide to accept the offer, the Agency will pay all closing
costs including the Real Estate Excise Tax on this transaction. If you decide to reject the offer,
then the Agency will notify you in writing that this offer will be withdrawn.
PUBLIC WORKS DIRECTOR PHONL (360)8 �5.4991 I FAX (360) 876.4980
216 PROSPLCTST PORT ORCHARD, WA 98366 EMAIL: PI,JBL.I('WORKSnCITYOFFORTORCHARL).US
WWW.CIIYOFPORTORCIIARD.US
DocuSign Envelope ID: A3AO8692-F769-4C93-B266-30ACOE3FBD6B
We have attempted by this letter to provide a concise statement of the purpose, location, and
an opinion of value of the proposed acquisition. We hope the information will assist you in
reaching a decision.
Please feel free to contact me with any questions or concerns.
Sincerely,
I�b=
Randy Johnson j Real Property Agent
And Right of Way Consultant for
City of Port Orchard Public Works
216 Prospect St Port Orchard, WA 98366
(564) 205-0131 Ranc3y@_sraw.com
RECEIPT OF THIS LETTER IS HEREBY ACKNOWLEDGED.
(Please sign below on copy provided. This is necessary to ensure that you received the
original of this letter.)
I understand that this acknowledgement does not signify my acceptance or rejection
of tjs o er. _
Signatlyre Date
Signature Date
PUBLIC WORKS PHONE (360)8Y6.49 )l I FAX (360) 8-16-4980
216 PROSIDL.CT ST POW URCFIARD, WA 98366 EMAIL: p.. . ...L. ..lpEP. &TQ$CHAR13.17S
WWW.CITYOL('OR'f ORCLIAFZD US
DocuSign Envelope ID: A3AO8692-F769-4C93-B266-30ACOE3FBD6B
After recording return document to:
City of Port Orchard
216 Prospect Street
Port Orchard, Washington 98366
Document Title: Warranty Deed
Reference Number of Related Document: N/A
Grantor(s): Elizabeth Freeman & Garry Dale Freeman, each as their respective
separate estates
Grantee(s): City of Port Orchard
Legal Description: PTN OF SE 1/4 OF SEC 34-24-1 E
Additional Legal Description is on Pages 3&4 of Document.
Assessor's Tax Parcel Number: PTN 342401-4-027-2008
WARRANTY DEED
Pottery Ave Sidewalk Extension & Road Diet Project
The Grantors, Elizabeth Freeman & Garry Dale Freeman, each as their respective
separate estates, for and in consideration of the sum of TEN AND N0/100 ($10.00) Dollars,
and other valuable consideration, hereby conveys and warrants to the City of Port Orchard,
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. 342401-4-027-2008
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DocuSign Envelope ID: A3AO8692-F769-4C93-B266-30ACOE3FBD6B
WARRANTY DEED
Date: ll l 30 2
Elizabeth Freeman Garry Dale.: r cman
Accepted and Approved
City o Z
chard
By:
Robert Putaansuu,
Mayor
Date: FL 12-le I
STATE OF WASHINGTON )
ss
County of 1 }
On this 3'91 day of before me personally appeared Elizabeth
Freeman & Garry Dale Freeman to me known to be the individuals described in and
who executed the foregoing instrument, and acknowledged that they 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.
(SEAL)
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LPA-302
10/2014
Notary %Vie lnd for the State of
Washington, residing at (i/y, r1,a r
My commission expires..
Page 2 oi'(4) Pages
Parcel No. 342401-4-027-2008
DocuSign Envelope ID: A3AO8692-F769-4C93-B266-30ACOE3FBD6B
WARRANTY DEED
EXHIBIT A
R/W DESCRIPTION
KITSAP COUNTY PARCEL 342401-4-027-2008
THE EAST 30.00 FEET OF THE SOUTH 60.00 FEET OF THE NORTHEAST QUARTER
OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 24 NORTH,
RANGE 01 EAST, W.M., KITSAP COUNTY, WASHINGTON.
CONTAINING 1,800 SQUARE FEET, MORE OR LESS.
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Grantor's Initials
6
WAVID EVANS
AND ASSOCIATES INC.
14432 SE Eastgale Way, Suite 400
Bellevue, WA 98007
425.519-0500
LPA-302 Page 3 of(4) Pages Parcel No. 342401-4-027-2008
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DocuSign Envelope ID: A3AO8692-F769-4C93-B266-30ACOE3FBD6B
WARRANTY DEED
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EXHIBIT B
PARCEL 342401-4-027-2008
TAX PAYER
FREEMAN ELIZABETH & GARRY DALE
WOAV
TAX PAYER ADDRESS
1698 POTTERY AVE PORT ORCHARD, WA 98366
ID EVANS
SITE ADDRESS
1698 POTTERY AVE PORT ORCHARD, WA 98366
—ASSOCIATES INC.
TAKE AREA
1,800 S.F.
14432 BE En5lgale Way, Suit. 400
Bellevue Washington 9e007
SECTION
NE 7/4, SE 1/4 SEC. 34, TWP 24 N., RNG. 01 E., W.M.
Phone: 425 510 6500
LPA-302 Page 4 of (4) Pages Parcel No. 342401-4-027-2008
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