028-23 - Resolution - Accepting TIP #2.05 Sidney Road ApartmentsDocuSign Envelope ID: CB87447F-0505-4DA6-BAA2-7C9B761CBE90
RESOLUTION NO. 028-23
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, ACCEPTING
TRANSPORTATION IMPROVEMENT PROGRAM PROJECT #2.05, DOCUMENTING
CERTIFIED CONSTRUCTION COSTS, ESTABLISHING THE MAXIMUM
TRANSPORTATION IMPACT FEE CREDITS GRANTED PURUANT TO CONTRACT
C076-21, AND ACCEPTING A DEED FOR RIGHT-OF-WAY ASSOCIATED WITH TIP
PROJECT #2.05.
WHEREAS; on July 13, 2021 the City and Sidney Road Apartments LLC entered into a
development agreement for impact fee credits identified as Contract C076-21; and
WHEREAS; Contract C076-21 required the construction of various transportation
improvements, the dedication of right of way property, and provided a framework, consistent with
Port Orchard Municipal Code (POMC) 20.182.080, to grant traffic impact fee credits to Sidney Road
Apartments; and
WHEREAS; Contract C076-21 also provided a framework, consistent with POMC
20.182.080, for a parks impact fee credit in exchange for the dedication of property for parks use,
however, accepting park lands and establishing a park impact fee credit value will be done in a
separate resolution to be reviewed and discussed at a later date; and
WHEREAS; Sidney Road Apartments has recently completed the construction of a portion
of the Sidney Road Widening project identified as TIP Project #2.05; and
WHEREAS, Contract C076-21, Section 12 stipulates that Sidney Road Apartments LLC
would receive credit equal to the lesser of the actual costs incurred by the developer as certified
by the city or applicable transportation impact fees due for the project totaling $469,800; and
WHEREAS, on February 10, 2021, the City received certified construction cost
documentation from Sidney Road Apartments LLC, for TIP Project #2.05 showing total
expenditures of $580,084.80; and
WHEREAS, the City engineer reviewed the certified construction costs as submitted and
after review accepted certified construction costs of $580,085; and
WHEREAS, the total impact fees owed by Sidney Road Apartments LLC for the project
($469,800) is less than the certified construction costs for TIP Project #2.05 ($580,085); and
WHEREAS, the City wishes to document the maximum approved traffic impact fee amount
granted to Sidney Road Apartments, LLC for the construction of TIP project 1.5C; and
WHEREAS, staff have confirmed that Sidney Road Apartments, LLC have met all the
requirements set out in Port Orchard Municipal Code 20.182.080 and City Contract C076-21
necessary to support a finding that the project is complete; and
DocuSign Envelope ID: CB87447F-0505-4DA6-BAA2-7C9B761CBE90
Resolution No. 028-23
Page 2 of 2
WHEREAS, all necessary documents have been provided to the city, and the City Council
wishes to formally accept the dedication of the frontage improvements associated with TIP Project
#2.05; 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 portion of the Sidney Road Widening
Project, TIP Project 2.05.
THAT: Pursuant to Contract C076-21, a maximum traffic impact fee credit amount for
TIP Project 2.05 is hereby established in the amount of $469,800. The Mayor or his
designee is authorized to take all actions necessary to effectuate the terms of Contract
C076-21 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 deed for the right of way dedication as attached hereto as Exhibit A and
incorporated herein by this reference.
2. Bill of Sale, attached as Exhibit B and incorporated herein by this reference; and
3. 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 28th day of March 2023.
adcuSlgnecE by:
rI.A�
Mark Trenary, Mayor Pro-Tem
ATTEST:
Qocu3igned by:
�a� wa�.au.
Brandy Wallace, MMC, City Clerk
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:
9212310158
1153269;201107260315
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
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 $ day of November, 2022.
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
Fr
gacuSFpned by:
be P4MAA.SW
gg"92EB11111P
Robert Putaansuu, Mayor
Date: 9/7/2023
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 ja>rdnrn Sc.her,icis 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 7.8
RIGHT OF WAY DEDICATION DEED
Page 3
day of rvvvember , 202.2.
Notary Public » for ee State of Washington
My Commission Expire: -1 7 i�2o-z!4 T�
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.:
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 NORTHERLYAND PARALLEL TO THE WEST BOUNDARY LINE OF SAID SUBDIVISION,
92 FEET;
THENCE WESTERLYAND 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.
\\esm&engAesm-Jobs\2155\001\020\documen[\Id-01.docx O
WA, 0
o • ,y
29281
F 01 STERFq J�
11 /21 /2022
Haven Apartments
Job No. 2155-001-020
November 21, 2022
EXHIBIT B
LEGAL DESCRIPTION FOR RIGHT OF WAY DEDICATION
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, lying easterly of Sidney Road S.W., southerly
of S.W. Hovde Road and westerly of SR 16 which lies westerly and northerly of the following
described line:
COMMENCING at the northwest corner of said Section 11;
THENCE along the west line of said northwest quarter, S 02026'27" W, 1073.26 feet;
THENCE S 87°33'33" E, 30.00 feet to the easterly margin of Sidney Road S.W. AND the TRUE
POINT OF BEGINNING;
THENCE continuing S 87°33'33" E, 18.00 feet to the east line of the west 48 feet of said northwest
quarter;
THENCE along said east line, N 02026'27" E, 630.33 feet to a point of curvature;
THENCE easterly 60.08 feet along the arc of a non -tangent curve to the right, having a radius of
42.50 feet, the radius point of which bears S 28°35'58" E, through a central angle of 80°59'53" to
a point of tangency;
THENCE S 37036'05" E, 23.30 feet to a point of curvature;
THENCE southeasterly 148.46 feet along the arc of a tangent curve to the left, having a radius of
222.50 feet, through a central angle of 38°13'48" to a point of tangency;
THENCE S 75049'53" E, 36.80 feet to a point of curvature;
THENCE easterly 2.70 feet along the arc of a tangent curve to the left, having a radius of 18.00
feet, through a central angle of 08°35'54" to a point of tangency;
THENCE S 84025'47" E, 5.90 feet to a point of curvature;
THENCE easterly 1.91 feet along the arc of a tangent curve to the left, having a radius of 18.00
feet, through a central angle of 06°04'46" to a point of tangency;
Haven Apartments
November 18, 2022
Page 2
THENCE N 89029'27" E, 17.37 feet to a point of curvature;
THENCE easterly 6.55 feet along the arc of a tangent curve to the right, having a radius of 50.00
feet, through a central angle of 07030'03" to a point of tangency;
THENCE S 83°00'30" E, 224.35 feet to a point of curvature;
THENCE easterly 225.30 feet along the arc of a tangent curve to the right, having a radius of
527.50 feet, through a central angle of 24°28'17';
THENCE N 31 °27'47" E, 2.5 feet, more or less, to the southerly margin of S.W. Hovde Road AND
the terminus of this line.
a
\\esmMengr\esm-jobs\2155\001\020\document\Id-02.docx
29281
S�A,:� SLANo
11 /21 /2022
EXHIBIT C
TO ACCOMPANY LEGAL DESCRIPTION
A PORTION OF THE NW 1 /4 OF THE NW 1 /4 OF SECTION 11,
T. 23 N., R. 1 E., W.M., KITSAP COUNTY, WASHINGTON
3 2
lFOUND COPPER PIN IN
�� 11 CONCRETE, EPTDOWN 120', IN
CASE )
,I
f SCALE: 1 "=150' 11 /21 /2022
I
S. W. HOVDE FROAD
rn
N "p
RIGHT OF WAY
w DEDICATION
i'
0
N
CO w
N
o N TERMINUS OF LINE
Z ! DESCRIPTION
N Q
O O
Z }
w
Z
C) TRUE POINT OF BEGINNING
U
FOUND 3° BRASS CAP IN
CONCRETE, IN CASE
10 11 (SEPTEMBER 2020)
®CONSULTING e 334000hAveS,Sute205 ENGINEERS LLC
® I � I � I JOB NO. 2155-001-020
Federal Way, WA 98003 DRAWING NAME SR-01
www.esmcivil.com L OD AY `4io, zei-s9oo DATE : 2022-1 1 —21
DRAWN CAF
Civil Engineering Land Surveying i Land Planning
Public Worke I Project Management I Landscape Architecture
BILL OF SALE
THIS BILL OF SALE is made and executed this 3)_ 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."
WITNESSETK
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:
Frontage improvements 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. Improvements include City standard sidewalks, landscaping, parking, as well as
underground utilities.
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 ^-?ILr Washington, this t) day of April 2023
GRANTOR: ( Haven on Sidney L.L.C.
By Investco L.L.C., its Manager
By
Print Name)ordan Schenk, Vice President/Portfolio Manager
[Remainder of page intentionally left blank]
PASurety forms\Bill of Sale\approved by Interim Atty\Bill or Sale —Master Form
STATE OF WASHINGTON )
)ss
COUNTY OF _K INQj- )
On this _ja day of April 2023, before me personally appeared
Jordan Schenk, Vice President/Portfolio Manager of Investco L.L.C., manager of
Haven on Sidney L.L.C. , a 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 _ Q. day of April 2023 .
'y����t1i►111���;
��j TA N y
v A ```�N\Hlq 1f�! ■I V 7
I
or #oi�;yam i
s less?
r $ +440- r
D1WASV#t'
Notary Public i nd fart fate of Washington,
residing in
My commission expires "1 1 2 1 /7-a2.
►►►�►
Dated at Port Orchard, Washington, this (;I t day of , 20
CITY OF PORT ORCHARD
Rob Putaansuu, 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.
Given under RjV)hand,4nd official seal this _ day of r 20\ r2
�'Sr� up: 2= Nb u is in
=q� et1C residing in
►sq'�'Y+ My commission
......... p �.
PASurety forms\Bill offs ,1r,�rpYr lIIZy`L�1�iVYI -3dl of Sale —Master Form
f&(Oe State of Washington,
�ZW
res I -I ��� 5