027-23 - Resolution - Sanitary Sewer Project for N Sidney Lift StationDocuSign Envelope ID: CB87447F-0505-4DA6-BAA2-7C9B761CBE90
RESOLUTION NO. 027-23
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, PERTAINING
TO SANITARY SEWER PROJECT #6-5C, THE NORTH SIDNEY LIFT STATION,
AUTORIZING ISSUSANCE OF A FINAL NOTICE OF PROJECT COMPLETENESS,
DOCUMENTING CERTIFIED CONSTRUCTION COSTS, AUTHORIZING THE
ACCEPTANCE OF RELATED DOCUMENTS, AND ESTABLISHING THE MAXIMUM
GENERAL FACILITY FEE CREDITS GRANTED PURUANT TO CONTRACT C063-21.
WHEREAS, on June 9, 2021, the City and Sidney Road Apartments, LLC entered into a
Sewer General Facility Fee (GFF) Credit agreement for sewer system improvements identified as
City Contract C063-21; and
WHEREAS, Contract C063-21 required the construction of the North Sidney Lift Station and
provided a framework to grant associated GFF credits to Sidney Road Apartments, LLC; and
WHEREAS, Sidney Road Apartments, LLC has completed the construction of the North
Sidney Lift Station, identified as Sewer Capital Improvement Project #6-5C in the agreement; and
WHEREAS, the engineers estimate for CIP Project #6-5C, as found in the Comprehensive
Plan and GFF Calculation, is $2,500,000; and
WHEREAS, the developers project, the Haven Apartments, proposed to use 30% of this
Station's capacity, and was therefore limited to a credit of 70% of $2,500,000, or $1,750,000; and
WHEREAS, Contract C063-21, Section 10 stipulates that Sidney Road Apartments, LLC
would receive credit equal to the lesser of the following: the Sewer Facility Fee Method
($1,750,000), the certified project cost, or the total GFF owed by the developer ($1,841,400); and
WHEREAS, on February 10, 2022, the City received certified construction cost
documentation from Sidney Road Apartments, LLC, for CIP Project #6-5C showing total
expenditures of $3,079,122; and
WHEREAS, the city engineer reviewed these certified construction costs and approved a
lesser certified construction cost of $3,076,122; and
WHEREAS, the engineers cost estimate for the project less the percentage of the project
used by the development project per Section 10 (a) (1) in the GFF Agreement ($1,750,000) is less
than the certified construction costs for CIP Project #6-5C; and
WHEREAS, based on the methodology contained in Section 10 of Contract C063-21, staff
have confirmed the maximum GFF credit is $1,750,000; and
WHEREAS, staff have confirmed that Sidney Road Apartments, LLC have met all the
requirements set out in Port Orchard Municipal Code 13.04.040(6) and City Contract C063-21
necessary to support a finding that the project is complete; and
DocuSign Envelope ID: CB87447F-0505-4DA6-BAA2-7C9B761CBE90
Resolution No. 027-23
Page 2 of 2
WHEREAS, the City wishes to accept the project as complete, consistent with Port Orchard
Municipal Code (POMC) 13.04.040(6) and the terms of Contract #C063-21, and to document the
maximum approved GFF credit amount granted to Sidney Road Apartments, LLC, LLC for the
construction of CIP Project # 6-5C; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: The City hereby accepts the dedication of a North Sidney Lift Station know as CIP
Project #6-5C as a public project, pursuant to POMC 13.04.040(6).
THAT: Pursuant to Contract C063-21, a maximum Sewer GFF credit amount for CIP
Project 6-5C is hereby established in the amount of $1,750,000. The Mayor or his
designee is authorized to take all actions necessary to effectuate the terms of Contract
C063-21 pertaining to this credit.
THAT: Consistent with the aforementioned, the Council accepts the following and
authorizes the Mayor to execute all necessary documents to effectuate this acceptance:
1. A utility easement, as shown on Exhibit A and incorporated herein by this
reference;
2. Right of way deed for the sewer lift station, as shown on Exhibit B and
incorporated herein by this reference;
3. Bill of Sale, attached as Exhibit C and incorporated herein by this reference;
and
4. All other documents required by POMC 13.04.040 and CIP Project #6-5C.
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 281h day of March 2023.
L
ocu5lpneA by:
.Ln=
Mark Trenary, Mayor Pro-Tem
ATTEST:
DocuSV{Irted by:
Brandy Wallace, MMC, City Clerk
CITY OF PORT OR
Edsemr.CHARD 202309110088
20 Rac F'eee: 5 212 •5[]
091111 7,�a_3 ]
Paul !}ndrews. KitfigH Cn ALjditor 9e: 1
Pa of 10
Name and Mailing Address
City of Port Orchard -Clerk's Office
216 Prospect Street
Port Orchard, WA 98366
The Recorder is required to use only the information
you provide on this cover sheet to index the document.
Type or print legibly.
Document Title(s):
Utility Easement
Auditor's File Number of Document (s) Referenced: 1153269; 201107260315
9212310158
Grantor(s) person(s) that conveys, sells or grants interest in property:
Haven on Sidney L.L.C.
Grantee(s) person that buys, receives or to whom conveyance of property is made:
City of Port Orchard
Abbreviated Legal Description:
• Quarter, Quarter, Section, Township, Range (and Government lot # if applicable); OR
• Plat/Condo Name, lot or unit number, building or block number; OR
• Short Plat, Large Lot number, lot number and auditor file number
SE Q of the NW Q of the NW Q Section 11, Township 23
N,R1 E
Assessor's 14 digit Tax Parcel Number. 112301 -2-053-2007
04/25/14
After recording return document to:
City of Port Orchard
Permit Center
216 Prospect Street
Port Orchard, WA 98366
PLEASE MAKE NO MARK IN THE MARGIN SPACE -RESERVED FOR COUNTY RECORDER'S USE
Grantor(s): Haven on Sidney L.L.C.
Grantee(s): City of Port Orchard
Legal Description: Ptn of Lot
Assessor's Tax Parcel Number: 112301-2-053-2007
Reference Number of Related Documents: N/A
UTILITY EASEMENT
Haven Apartments (fk.a Sidney Road Apartmentsjproject
The Grantor(s), Haven on Sidney L.L.G. for good and valuable consideration,
the receipt and sufficiency of which are hereby ac nowledged, does hereby grant and convey
unto the City of Port Orchard, a municipal corporation, and its successors and assigns (the
Grantee), from the property legally described on Exhibit "A" --- Entire Parcel (the "Property"),
attached hereto and incorporated by this reference, a nonexclusive permanent utility
easement, for the purposes described below, over, in, on, along, across, through, below and
upon, the portion of the Property legally described on Exhibit `B", (the "Utility Easement")
and depicted on Exhibit "C", which are attached hereto and incorporated by this reference.
The Grantee and its agents, designees and/or assigns, shall have the right at such times
as deemed necessary by Grantee, to enter upon, over, under and across the Utility Easement to
inspect; construct, reconstruct, grade and slope, operate, use, maintain, repair, replace and
enlarge the utilities contained within the easement area for all public purposes, including but
not limited to, grade and slope, street lights, utilities (including without limitation water, sewer,
storm water, electric, gas, telecommunications, cable and fiber optics, either owned or operated
by Grantee or those utilities which provide service to Grantee or its citizens and are operated
by permission of Grantee through franchise or permit), together with the right of ingress and
egress thereto without prior institution of any suit or proceedings and without incurring any
legal obligation or liability therefore.
Parcel No. i 12301-2-053-2007
Page 1 of ( 7 ) Pages
EXCGSETAXDVPT SEP 112023
PLEASE MAKE NO MARK IN THE MARGIN SPACE -RESERVED FOR COUNTY RECORDER'S USE ONLY.
UTILITY EASEMENT
THIS EASEMENT is executed and delivered and said easement is granted upon the following
conditions to wit:
1. Grantee, its agents and employees, assigns and successors shall, as soon as practicable,
after installation of the utilities and all subsequent alterations and repairs thereto, restore all
property to the Grantor to a neat and presentable condition.
2. Grantor shall not interfere in any manner with the easement rights granted to Grantee
and the public in this Utility Easement. Without limitation, Grantor shall not (1) erect or
maintain any buildings, structures, or improvements within the Utility Easement; (2) disturb
the lateral or subjacent support of the utilities and other improvements and uses of the Utility
Easement by Grantee, or undertake any form of construction or other activity that may disturb
or damage the utilities, or other improvements or uses of the Utility Easement by Grantee; or
(3) plant trees, shrubs, or other vegetation having deep root patterns that may cause damage to
or interfere with the use of the utilities.
3. The rights granted herein shall not be construed to interfere with or restrict the Grantor,
its heirs, executors, administrators, successors and assigns from the use of the Property outside
of the Easement Area for the construction and maintenance of property improvements outside
of the Easement Area.
4. This Utility Easement and the rights, obligations and covenants stated in this Utility
Easement shall run with the land and shall be binding upon and shall inure to the benefit of the
Grantor and Grantee. This Utility Easement shall be recorded with the Kitsap County
Recorder's Office.
5. It is understood and agreed that delivery of this Utility Easement is hereby tendered and
that the terms and obligations hereof shall not become binding upon City of Port Orchard unless
and until approved hereon in writing by City of Port Orchard.
Dated: 41AeciF Ss , 20 �3 .
Grantor: Haven on Sidney L.L.C.
By / Ln� / L
Jordan Schenk, Vice President/Portfolio Manager of lnvestco L.L.C.;
Its Mier
Parcel No.112301-2-053-2007
Page 2 of ( 7 ) Pages
PLEASE MAKE NO MARK rN THE MARGIN SPACE -RESERVED FOR COUNTY RECORDER'S USE ONLY.
PLEASE MAKE NO MARK IN THE MARGIN SPACE -RESERVED FOR COUNTY H FCORDF-R'S USE ONLY.
UTILITY EASEMENT
Accepted and Approved
City of Port Orchard
ay
Its fill
L)f
Uatc H �2DQ
Parcel No.
Page 3 of ( 7 ) Pages
PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER'S USE ONLY
PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER'S USE ONLY.
UTILITY EASEMENT
CORPORATE ACKNOWLEDGMENT
STATE OF
_ ss.
COUNTY OF } ��'��/` ' til
1 certify that I know or have satisfactory evidence that 10 V-D A N .SC\1E N`i- is
the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated
that they were authorized to execute the instrument and acknowledged it as the
ysce ears anelJi of 7N05�jc-n L L C , to be their free and
voluntary act of such party for the uses and purposes mentioned in the instrument.
DATED this r day of ' ('
INDIVIDUAL ACKNOWLEDGM1
STATE OF V
SS.
COUNTY OF
20 .
Notary Public
C`` ,'J'/L (_ c ( C, —i
Printed Name
1-1
Residina at C-'O /-,) U '- n
My appointment expires
On this day personally appeared before me JcP-9 AN 5 C ht N lt- to me known
to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that
he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein
mentioned.
DATED this day of - �" e 4 , 20 n
giON
PUBLIC
r17 '. — No. 22005155, .' ZCF
Notary Public
' •^ /� �. C GL JA
Printed Name
Residing at
My appointment expires
Page 4 of ( 7 ) Pages
2- `j --'�C
Parcel No.
PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER'S USE ONLY
Haven Apartments
Job No. 2155-001-020
November 18, 2022
EXHIBIT A
LEGAL DESCRIPTION FOR SITE
PARCELI
THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER, SECTION 11, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY,
WASHINGTON;
EXCEPT THAT PORTION LYING NORTHERLY OR EASTERLY OF THE COUNTY ROAD TO PORT
ORCHARD;
AND EXCEPT THAT PORTION LYING EASTERLY OF A LINE PARALLEL TO AND 10 FEET WEST
OF THE CENTERLINE OF THE PRESENT COURSE OF BLACK JACK CREEK;
ALSO EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON UNDER
AUDITOR'S FILE NO. 1153269;
TOGETHER WITH THAT PORTION PER QUIT CLAIM DEED RECORDED UNDER AUDITOR'S FILE
NO. 201107260315, DESCRIBED AS FOLLOWS: THAT PORTION OF LOT C OF SHORT PLAT NO.
PO-74, RECORDED UNDER AUDITOR'S FILE NO. 9212310158 (S-1066) LYING SOUTH OF THE
ROAD KNOWN AS SW HOVDE COUNTY ROAD;
PARCEL II:
THAT PORTION OF THE SOUTH 10 ACRES OF THE NORTH 15 ACRES OF THE WEST HALF OF
THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, SECTION 11, TOWNSHIP 23
NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, LYING SOUTH OF COUNTY
ROAD NO. 146;
EXCEPT THE SOUTH 190 FEET OF THE WEST 180 FEET;
AND EXCEPT SIDNEY ROAD S.W.;
AND EXCEPT THAT PORTION CONVEYED TO KITSAP COUNTY FOR SIDNEY ROAD BY DEED
RECORDED MAY 22, 1992 UNDER AUDITOR FILE NO 9205220166;
Haven Apartments
November 18, 2022
Page 2
PARCEL III:
THE SOUTH 190 FEET OF THE WEST 180 FEET OF THE NORTH 5 ACRES OF THE SOUTH 10
ACRES OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 11, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY,
WASHINGTON;
EXCEPT THE WEST 30 FEET THEREOF AS CONVEYED TO KITSAP COUNTY UNDER
AUDITOR'S FILE NO. 9205220164 FOR SIDNEY ROAD S.W.;
PARCEL IV:
THAT PORTION OF THE SOUTH 5 ACRES OF THE WEST HALF OF THE NORTHWEST QUARTER
OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M.,
IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION;
THENCE EASTERLY ALONG THE SOUTHERLY LINE THEREOF, 142 FEET TO THE TRUE POINT
OF BEGINNING OF THE TRACT HEREIN DESCRIBED;
THENCE NORTHERLY PARALLEL TO THE WESTERLY LINE OF SAID SUBDIVISION, 158 FEET;
THENCE EASTERLY PARALLEL TO THE SOUTHERLY LINE OF SAID SUBDIVISION, 8 FEET;
THENCE, NORTH PARALLEL TO THE WESTERLY LINE OF SAID SUBDIVISION, 92 FEET;
THENCE WESTERLY PARALLEL TO THE SOUTHERLY LINE OF SAID SUBDIVISION, 150 FEET
TO THE WESTERLY LINE THEREOF;
THENCE NORTHERLY ALONG SAID WESTERLY LINE TO THE NORTHERLY LINE OF SAID 5
ACRE TRACT;
THENCE EASTERLY ALONG SAID NORTHERLY LINE TO THE EASTERLY LINE OF THE WEST
HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER;
THENCE SOUTHERLY ALONG SAID EASTERLY LINE TO THE SOUTHERLY LINE THEREOF;
THENCE WESTERLY ALONG SAID SOUTHERLY LINE TO THE TRUE POINT OF BEGINNING;
EXCEPT SIDNEY ROAD;
PARCEL V:
THAT PORTION OF THE SOUTH 5 ACRES OF THE WEST HALF OF THE NORTHWEST QUARTER
OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M.,
IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION;
THENCE EASTERLY ALONG THE SOUTHERLY BOUNDARY LINE OF SAID SOUTH 5 ACRES,142
FEET;
THENCE' NORTHERLY AND PARALLEL TO THE WESTERLY BOUNDARY LINE OF SAID
SUBDIVISION, 158 FEET;
THENCE EASTERLY AND PARALLEL TO THE SOUTH BOUNDARY LINE OF SAID SUBDIVISION,
8 FEET;
Haven Apartments
November 18, 2022
Page 3
THENCE NORTHERLY AND PARALLEL TO THE WEST BOUNDARY LINE OF SAID SUBDIVISION,
92 FEET;,
THENCE WESTERLY AND PARALLEL TO THE SOUTHERLY BOUNDARY OF SAID SUBDIVISION,
150 FEET;
THENCE SOUTHERLY ALONG THE WESTERLY BOUNDARY LINE OF SAID SUBDIVISION, 250
FEET TO THE POINT OF BEGINNING;
EXCEPT THAT PORTION CONVEYED TO KITSAP COUNTY AS DISCLOSED BY AUDITOR'S FILE
NO. 9205080054;
SITUATE IN THE COUNTY OF KITSAP, STATE OF WASHINGTON.
Legal description is from Statutory Warranty Deed recorded under Auditor's File No.
202007200376.
\\esm8\engr\esm jobs\2155\001\020\document\Id-01.docx
03/09/2023
Haven Apartments
Job No. 2155-001-020
March 9, 2022
EXHIBIT B
LEGAL DESCRIPTION FOR EASEMENT
That portion of the northwest quarter of the northwest quarter of Section 11, Township 23 North,
Range 1 East, W.M., in Kitsap County, Washington, being a two foot wide strip lying between the
following described line and a line two feet to the right of said line:
COMMENCING at the northwest comer of said Section 11;
THENCE along the west line of said northwest quarter, S 02°26'27" W, 698.10 feet;
THENCE S 87033'33" E, 682.88 feet to the TRUE POINT OF BEGINNING;
THENCE S 8901011" E, 42.10 feet;
THENCE N 21-05-11" E, 70 feet, more or less to the southerly margin of S.W. Hovde Road;
THENCE along said southerly margin, northwesterly 73 feet, more or less, to a point which bears
N 01 °31'21" E from the TRUE POINT OF BEGINNING;
THENCE, S 01 031'21" W, 98 feet, more or less, to the TRUE POINT OF BEGINNING;
EXCEPT any portion thereof lying within public right of way.
See attached Exhibit C.
\\esm8\engAesm jobs\2155\001\020\document\Id-03.docx �J
03/09/2023
EXHIBIT C
TO ACCOMPANY LEGAL DESCRIPTION
A PORTION OF THE NW 1 /4 OF THE NW 1 /4 OF SECTION
T. 23 N., R. 1 E., W.M., KITSAP COUNTY, WASHINGTON
3 2
-"--FOUND COPPER PIN IN
/10 11 COSE RETE, DOWN 1 .0', IN If
(SEPTEMBER 2020)
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03/09/2023
N I LIFT STATION SITE
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N
S• W. HOVD z E ROAD
i
- - N 87'33'33" W 682.88'
3 - - -------------------------------- ---
0
Q
O TRUE POINT OF BEGINNING
�. 2' STRIP SURROUNDING -
W LIFT STATION SITE
Z
0
FOUND 3" BRASS CAP IN
CONCRETE, IN CASE
10� 11 (SEPTEMBER 2020)
JOB NO. 2155-001-020
DRAWING NAME SR-03
DATE : 2023-03-09
DRAWN CAF
Name and Mailing Address
City of Port Orchard -Clerk's Office
216 Prospect Street
Port Orchard, WA 98366
The Recorder is required to use only the information
you provide on this cover sheet to index the document.
Type or print legibly.
Document Title(s)
Right of Way Dedication Deed
Auditor's File Number of Document (s) Referenced. 1153269; 201107260315
9212310158
Grantor(s) person(s) that conveys, sells or grants interest in property:
Haven on Sidney L.L.C.
Grantee(s) person that buys, receives or to whom conveyance of property is made:
City of Port Orchard
Abbreviated Legal Description:
• Quarter, Quarter, Section, Township, Range (and Government lot # if applicable); OR
• Plat/Condo Name, lot or unit number, building or block number; OR
• Short Plat, Large Lot number, lot number and auditor file number
SE Q of the NW Q of the NW Q Section 11, Township 23
N,R1E
Assessor's 14 digit Tax Parcel Number: 112301-2-053-2007
04/25/14
WHEN RECORDED RETURN TO:
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
RIGHT OF WAY DEDICATION DEED
Grantor: Haven on Sidney L.L.C., a Washington Limited
Liability Company
Grantee: City of Port Orchard, a Washington Municipal
Corporation
Legal Description: SEE ATTACHED EXHIBIT "A"
Parcel Nos.: 112301-2-053-2007
Reference Number:
RIGHT OF WAY DEDICATION DEED
The GRANTOR, Haven on Sidney L.L.C., a Washington Limited Liability Company and
owner of the real property described herein, for and in consideration of mutual and offsetting
benefits, the sufficiency of which is hereby acknowledged, hereby grants, conveys, and
dedicates to GRANTEE, CITY OF PORT ORCHARD, a municipal corporation of the State
of Washington, the following described real property, including any after acquired title, as
and for public right of way, to be used for all lawful right of way purposes including, but
not limited to, public roads, streets, surface transportation and associated uses as well as the
installation, operation and maintenance of utilities, over, under, and along the following
described real property in the City of Port Orchard, County of Kitsap, State of Washington:
See EXHIBIT "A", which is attached hereto
and incorporated herein by this reference.
The right of way is legally described on EXHIBIT `B", attached hereto, and made part of
this Deed by this reference. A drawing of the Right of Way is attached hereto as EXHIBIT
"C" and made part of this Deed by this reference.
Further, Grantor agrees to indemnify and hold the Grantee harmless from liability for any
and all claims under the Comprehensive Environmental Response, Compensation, and
RIGHT OF WAY DEDICATION DEED
Page 1
Liability Act, 42 U.S.C. § 9601 et seq., and the Model Toxics Control Act, Chapter 70.105D
RCW, which may arise from the property dedicated pursuant to this Deed.
It is understood and agreed that this deed shall become binding upon the Grantee upon
accepted by its Mayor or his designee as indicated by signature below. The rights and
obligation in this Dedication Deed shall inure to the benefit of and be binding on the Parties
and be binding on their respective successors and assigns.
GRANTOR:
This instrument is executed on this S day of March, 2023.
zl� A.
Jordan Schenk, Vice President/Portfolio Manager of Investco L.L.C., as Manager of
Haven on Sidney L.L.C.
ACCEPTED:
CITY OF PORT ORCHARD
Robert Pu/ta1ansuu, ayor
Date. `� Z r
Grantor's Acknowledgement on Next Page
RIGHT OF WAY DEDICATION DEED
Page 2
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
I certify that I know or have satisfactory evidence that :10?bA j s't: to tv L is the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath
stated that he executed the instrument and acknowledged it as his free and voluntary act for
the uses and purposes mentioned in the instrument.
Dated this
c
U�..'SION
:�,5o0TARk
�\N •
PUB1.\0 �rje:
RIGHT OF WAY DEDICATION DEED
Page 3
1l day of /` ,IV' r t � 202 3
Notary Public in and for the State of Washington
My Commission Expire: - z-K
Haven Apartments
Job No. 2155-001-020
November 18, 2022
EXHIBIT A
LEGAL DESCRIPTION FOR SITE
PARCEL I:
THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER, SECTION 11, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY,
WASHINGTON;
EXCEPT THAT PORTION LYING NORTHERLY OR EASTERLY OF THE COUNTY ROAD TO PORT
ORCHARD;
AND EXCEPT THAT PORTION LYING EASTERLY OF A LINE PARALLEL TO AND 10 FEET WEST
OF THE CENTERLINE OF THE PRESENT COURSE OF BLACK JACK CREEK;
ALSO EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON UNDER
AUDITOR'S FILE NO. 1153269;
TOGETHER WITH THAT PORTION PER QUIT CLAIM DEED RECORDED UNDER AUDITOR'S FILE
NO.201107260315, DESCRIBED AS FOLLOWS: THAT PORTION OF LOT C OF SHORT PLAT NO.
PO-74, RECORDED UNDER AUDITOR'S FILE NO.9212310158 (S-1066) LYING SOUTH OF THE
ROAD KNOWN AS SW HOVDE COUNTY ROAD;
PARCEL II:
THAT PORTION OF THE SOUTH 10 ACRES OF THE NORTH 15 ACRES OF THE WEST HALF OF
THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, SECTION 11, TOWNSHIP 23
NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, LYING SOUTH OF COUNTY
ROAD NO. 146;
EXCEPT THE SOUTH 190 FEET OF THE WEST 180 FEET;
AND EXCEPT SIDNEY ROAD S.W.;
AND EXCEPT THAT PORTION CONVEYED TO KITSAP COUNTY FOR SIDNEY ROAD BY DEED
RECORDED MAY 22, 1992 UNDER AUDITOR FILE NO 9205220166;
Haven Apartments
November 18, 2022
Page 2
PARCEL 111-
THE SOUTH 190 FEET OF THE WEST 180 FEET OF THE NORTH 5 ACRES OF THE SOUTH 10
ACRES OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 11, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY,
WASHINGTON;
EXCEPT' THE WEST 30 FEET THEREOF AS CONVEYED TO KITSAP COUNTY UNDER
AUDITOR'S FILE NO. 9205220164 FOR SIDNEY ROAD S.W.;
PARCEL IV:
THAT PORTION OF THE SOUTH 5 ACRES OF THE WEST HALF OF THE NORTHWEST QUARTER
OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M.,
IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION;
THENCE EASTERLY ALONG THE SOUTHERLY LINE THEREOF, 142 FEET TO THE TRUE POINT
OF BEGINNING OF THE TRACT HEREIN DESCRIBED;
THENCE NORTHERLY PARALLEL TO THE WESTERLY LINE OF SAID SUBDIVISION, 158 FEET;
THENCE, EASTERLY PARALLEL TO THE SOUTHERLY LINE OF SAID SUBDIVISION, 8 FEET;
THENCE NORTH PARALLEL TO THE WESTERLY LINE OF SAID SUBDIVISION, 92 FEET;
THENCE WESTERLY PARALLEL TO THE SOUTHERLY LINE OF SAID SUBDIVISION, 150 FEET
TO THE WESTERLY LINE THEREOF;
THENCE NORTHERLY ALONG SAID WESTERLY LINE TO THE NORTHERLY LINE OF SAID 5
ACRE TRACT;
THENCE EASTERLY ALONG SAID NORTHERLY LINE TO THE EASTERLY LINE OF THE WEST
HALF OF, THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER;
THENCE SOUTHERLY ALONG SAID EASTERLY LINE TO THE SOUTHERLY LINE THEREOF;
THENCE WESTERLY ALONG SAID SOUTHERLY LINE TO THE TRUE POINT OF BEGINNING;
EXCEPT SIDNEY ROAD;
PARCEL V:
THAT PORTION OF THE SOUTH 5 ACRES OF THE WEST HALF OF THE NORTHWEST QUARTER
OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M.,
IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION;
THENCE EASTERLYALONG THE SOUTHERLY BOUNDARY LINE OF SAID SOUTH 5 ACRES, 142
FEET; '
THENCE NORTHERLY AND PARALLEL TO THE WESTERLY BOUNDARY LINE OF SAID
SUBDIVISION, 158 FEET;
THENCE EASTERLY AND PARALLEL TO THE SOUTH BOUNDARY LINE OF SAID SUBDIVISION,
8 FEET;
Haven Apartments
November 18, 2022
Page 3
THENCE, NORTHERLY AND PARALLEL TO THE WEST BOUNDARY LINE OF SAID SUBDIVISION,
92 FEET;
THENCE WESTERLY AND PARALLEL TO THE SOUTHERLY BOUNDARY OF SAID SUBDIVISION,
150 FEET;
THENCE SOUTHERLY ALONG THE WESTERLY BOUNDARY LINE OF SAID SUBDIVISION, 250
FEET TO THE POINT OF BEGINNING;
EXCEPT THAT PORTION CONVEYED TO KITSAP COUNTY AS DISCLOSED BY AUDITOR'S FILE
NO.9205080054;
SITUATE IN THE COUNTY OF KITSAP, STATE OF WASHINGTON.
Legal description is from Statutory Warranty Deed recorded under Auditor's File No.
202007200376.
\\esm8\engAesm-jobs\2155\001 \020\document\Id-01.docx
■
03/09/2023
Haven Apartments
Job No. 2155-001-020
March 9, 2022
EXHIBIT B
LEGAL DESCRIPTION FOR LIFT STATION
That portion of the northwest quarter of the northwest quarter of Section 11, Township 23 North,
Range 1 East, W.M., in Kitsap County, Washington, being more particularly described as follows:
COMMENCING at the northwest comer of said Section 11;
THENCE along the west line of said northwest quarter, S 02°26'27" W, 698.10 feet;
THENCE S 87033'33" E, 682.88 feet to the TRUE POINT OF BEGINNING;
THENCE S 8901011" E, 42.10 feet;
THENCE N 21-05'11" E, 70 feet, more or less to the southerly margin of S.W. Hovde Road;
THENCE along said southerly margin, northwesterly 73 feet, more or less, to a point which bears
N 01 °31'21" E from the TRUE POINT OF BEGINNING;
THENCE, S 01 031'21" W, 98 feet, more or less, to the TRUE POINT OF BEGINNING.
EXCEPT any portion thereof lying within public right of way.
See attached Exhibit C.
\\es m8\engAesmjobs\2155\001\020\document\Id-03.docx
03/09/2023
EXHIBIT C
TO ACCOMPANY LEGAL DESCRIPTION
A PORTION OF THE NW 1 /4 OF THE NW 1 /4 OF SECTION
T. 23 N., R. 1 E., W.M., KITSAP COUNTY, WASHINGTON
3 2
� FOUND COPPER PIN IN
10 11 CONCRETE, DOWN 1.0', IN
CASE (SEPTEMBER 2020)
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TRUE POINT OF BEGINNING
FOUND 3" BRASS CAP IN
CONCRETE, IN CASE
11 (SEPTEMBER 2020)
JOB NO. 2155-001-020
DRAWING NAME SR-02
DATE : 2023-03-09
DRAWN CAF
BILL OF SALE
THIS BILL OF SALE is made and executed this day of April 2023 by
and between Haven on Sidney L.L.C., a Washington Limited Liability Corporation,
hereinafter called the "Grantor" and the City of Port Orchard, a Municipal Corporation, hereinafter
called the "Grantee."
WITNESSETH:
That the Grantor, for good and valuable consideration, the receipt of which is hereby
acknowledged, hereby conveys, sets over, assigns, transfers and delivers and warrants to the
City of Port Orchard ownership in the following described personal property situated in Kitsap
County, State of Washington, and installed by the Grantor to date, TO WIT:
The Sewer Lift Station, including all components and equipment contained within the dedication
area as described in the enclosed ROW Dedication Deed and for which actual construction
costs are provided in the enclosed Certified Costs Letter.
The Grantor hereby warrants that it is the lawful and sole owner of all the personal property above
conveyed, that such items are free from all liens and encumbrances, that the Grantor has the full
power to convey and transfer the same, and that the Grantor will defend the same against the
claims and demands of any and all persons lawfully making claims thereto. The Grantor further
warrants that the execution of this Bill of Sale is an authorized act of said Grantor.
Dated at S fA'I7lE
Washington, this ! -,4 day of April , 2023
GRANTOR:( Haven on Sidney L.L.C.
By:lnvestco L.L.C. its Manager
By: _ zj,
Print Name:Jordan Schenk. Vice President/Portfolio Manager
[Remainder of page intentionally left blank]
PASurety forms\Bill of Sale\approved by Interim Atty\Bill of Sale — Master Form
STATE OF WASHINGTON )
COUNTY OF KING _ )ss
On this Sa day of April 2023, before me personally appeared
Jordan Schenk, Vice President and Portfolio Manager of Investco L.L.C., manager of Haven
on Sidney L.L.C. a Washington limited liability corporation, that executed the within and
foregoing instrument, and acknowledged the said instrument to be the free and voluntary act
and deed of said corporation, for the uses and purposes therein mentioned, and on oath
stated that he/she was authorized to execute said instrument.
Given under my hand and official seal this l 3 day of April 2023.
r
` ia�i+,,'�' ►�� Notary Public i nd for the tate of Washington,
_ �`•� 1A.9A. �y''�.,� , residing in Seojfj L, V\JA
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186571 '• s 5 My commission expires -112.1 40 Z�
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Dated at Port Orchard, Washington, this _ day of 21-1 20_3j
CITY OF PORT ORCHARD
By:
Rob Puta suu, Mayor
STATE OF WASHINGTON )
)ss
COUNTY OF KITSAP )
On this day and year above personally appeared before me, Rob Putaansuu, who
executed the foregoing instrument, and acknowledged the said instrument to be the free and
voluntary act and deed of the City of Port Orchard for the uses and purposes therein
mentioned, and on oath states he is authorized to execute the said instrument.
,'�X�J 111111 Wq,'/I
Given urn j . A rfftcial seal this _ day of 20a -
PUBOC bi r= N ary Public in a d f r the Sta e'�f Washington,
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residing in
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NIIVjks �'%G`4. My commission expires
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PASurety forms\Blll of Sale\approved by Interim Atty\Bill of Sale —Master Form