017-19 - Resolution - Approving the Form of the Accessory Dwelling Unit and Notice to Title Document as Required by 20.68RESOTUTTON NO.017-19
A RESOTUTION OF THE CITY OF PORT ORCHARD, WASHINGTON,
APPROVING THE FORM OF THE ACCESSORY DWETTING UNIT AND
NOTICE TO TITTE OOCUMENT REQUIRED BY CHAPTER 20.58 OF THE
PORT ORCHARD MUNICIPAT CODE.
WHEREAS, Chapter 20.68 of the Port Orchard Municipal Code (POMC) ("Accessory
Dwelling units") sets forth the city's regulations relating to Accessory Dwelling Units (ADUs);
and
WHEREAS, Section 20.68.070 POMC requires the owner of any property containing an
ADU to ,'record with the Kitsap county Auditor an accessory dwelling unit agreement and
notice to title for the ADU"; and
WHEREAS, such an agreement and notice must include certain information, at a
minimum, as set forth in POMC 20.68.070; and
WHEREAS, POMC 20.68.070 also requires that such an agreement and notice "shall be
approved by the planning director on a form approved by the city council"; and
WHEREAS, the Department of Community Development has drafted a form of accessory
dwelling unit agreement and notice to include the necessary information; and
WHEREAS, the City Council has reviewed the draft form of accessory dwelling unit
agreement and notice and found it to be appropriate; now, therefore,
THE CITY COUNCII. OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOTVES
AS FOLTOWS:
!. Recitols. The recitals set forth above are hereby incorporated by reference as if set
forth fully herein.
2. Aoproval o f Form of A Aoreement ond Notlce. The C ity Council hereby approves
the form of the ADU agreement and notice required by POMC 20.68.070, which is
attached hereto as Attachment 1.
3. Seve bilitv. lf an y one or more sections, subsections, or sentences of this
Resolution are held to be unconstitutional or invalid, such decision shall not affect
the validity of the remaining portion of this Resolution and the same shall remain in
full force and effect.
4. Effective Dote. This Resolution shalltake effect immediately upon its passage'
Resolution No. 017-19
Page 2 of 4
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 9th day of July 2019.
Robert Putaansuu, Mayor
ATTEST:
inearson, MMC, City Clerk
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Resolution No. 017-19
Attachment 1
When recorded, submit a copy to:
City of Port Orchard
Department of Community Development
2'16 Prospect Street
Port Orchard, WA 98366
ACCESSORY DWELLING UNIT (AD U) AGREEMENT AND NOTICE
GRANTOR:
GRANTEE: The Citv of Port Orchard
ASSESSOR'S PARCEL NUMBER
ADDRF]SS:
LEGAL DESCRIPTION
This ASSESSORY DWELLING UNIT ("ADU') AGREEMENT NOTIFICATION is executed this
day of 20-, by
("Property Owner") in conjunction with the City ofPort Orchard Department of Community Development
(the City').
NOW THEREFORE, NOTICE IS HEREBY GMN that the following rights and duties relevanl to
the Property Owner lawfully maintaining an ADU on the real property captioned above (the "Subject
Property") have been accepted and agreed to by the Properry Owner and made binding upon her/his/its
successors in interest and shall be known for the record now and in the future as follows:
l. That the Property Owner has voluntarily agreed to occupy either the principal dwelling or the ADU
on the Subject Property pursuant to the Port Orchard Municipal Code (POMC), Chapter 20.68.
2. That the placement, size, and construction oflhe ADU will be consistent with the approved building
permit (if required) and the ADU permit.
3. That compliance with the requirements and conditions of Chapter 20.68 POMC shall be the
responsibility ofthe Property Owner, the Property Owner's heirs, successors and/or assigns and that
said conditions shall be binding unless modified or amended and agreed to by the City.
4. That all ofthe terms and conditions set forth herein shall run with and attach to the Subject Property.
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Signalure of Arner Signature ofOwner
S'I A'I I' oF WASHINGToN
COUNTY OF
I certify lhat I know or have satisfactory evidence thal
iVare the person(s) who appeared before me, and that said person(s) acknowledged that he/she/they signed this
instrument and acknowledged it to be hiyher/their free and voluntary act for the uses and purposes menlioned
in the instrument.
Signed before me this day of 20
Signolure
Prinl Name
NO'I'ARY PUBLIC in and for the State of Washington,
residing at:
My Commission expires:
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