071-16 - Resolution - Acceptance of a Deed of Dedication by McCormick Communities for Parks PurposesRESOLUTION NO. 071-16
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, TO
AUTHORIZE THE ACCEPTANCE OF A DEED OF DEDICATION GRANTED TO THE
CITY BY MCCORMICK COMMUNITIES LLC AND APPROVE A BOUNDARY LINE
ADJUSTMENT TO CONVEY CERTAIN PROPERTY FOR USE BY THE CITY FOR
PARKS PURPOSES
WHEREAS, the City of Port Orchard has applied for a Boundary Line Adjustment ("BLA") to
allow for a portion of parcels 042301-3-007-2001; 052301-4-014-2009; 052301-4-015-2008;
052301-4-016-2007; 052301-4-019-2004 to be conveyed to the City for use as parks and open
space; and
WHEREAS, pursuant to the BLA and Development Agreement 040-10, McCormick
Communities LLC has agreed to deed certain property to the City of Port Orchard for parks and open
space purposes; and
WHEREAS, after reviewing a title report relating to the subject properties, the City of Port
Orchard has determined that a Deed of Dedication in the form of a Quitclaim Deed from McCormick
Communities LLC is an appropriate transfer of interests in this case, now, therefore;
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS
FOLLOWS:
1. Recitals. The recitals set forth above are hereby incorporated by reference as if set
forth in full herein.
2. Authorization for Signature. The City of Port Orchard hereby authorizes the Mayor to
accept and sign the attached Deed of Dedication to transfer the interests in real
property described therein and approve the attached boundary line adjustment to be
recorded in conjunction with the Deed of Dedication. The full legal description for the
real property to be conveyed is attached to the Deed of Dedication as Exhibit A.
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 11th day of October, 2016.
Robert Putaansuu, Mayor
ATTEST:
Brandy Ri ea son, CMC, City Clerk
Return Address:
City Clerk
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
Grantor:
Grantee:
Property Address
Abbreviated Legal:
CITY OF PORT ORCHARD 201610250059
Deed Rec Fee: $ 76.00
10/25/2016 11 12 AM Page 1 of 4
Dolores Gilmore. Kits., Co Auditor
►111111111111111 IIII 1111111111111111 !III IIIII !III! 111111I 111 IIIII IIIII Ills! III! IIII
McCormick Communities, LLC
City of Port Orchard, Washington, a municipal corporation
3201 SW Old Clifton Road, Port Orchard, WA
A portion of the W '/2 of the SW '/4 of Sec. 04 and a portion of the E '/: of the NE '/4 of
Sec. 05, TWP. 23N, RNG. IE, W.M., City of Port Orchard, Kitsap County,
Washington
Assessor's Property Tax Parcel Nos.: 042301-3-007-2001; 052301-4-014-2009; 052301-4-015-2008;
052301-4-016-2007;042301-3-009-2009
DEED OF DEDICATION
KNOW ALL BY THESE PRESENTS, THAT THE GRANTOR, McCormick Communities LLC,
doing business at 805 Kirkland Avenue, Suite 200, Kirkland, Washington 98033, for and in consideration of the
mutual benefits accruing, the receipt of which are hereby acknowledged, does hereby convey and quitclaim to
GRANTEE, the City of Port Orchard, Washington, its successors in interest and assigns, all interest in the
following described real property, situated in the County of Kitsap, State of Washington, to be used by the Grantee
for parks purposes, bounded and described as follows, to wit:
SEE ATTACHED legal description at Exhibit A.
IN WITNESS HEREOF, the authorized representative of the Grantor has executed this instrument as of the
date set forth below.
DATED THIS "�'kAY OF De.�-OG�v 2016.
GRANTOR, McCORMICK GRANTEE, CITY OF PORT ORCHARD,
ClUNITIES LLC WASHINGTON
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Jam Tosti Robert Putaansu , Mayor: N
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S IATE OF WASHINGTON ) 9�� FMgE� �o•.;`O.'
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COUNTY OF KITSAP )
On this day, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and
sworn, personally appeared Z AMAr -Pr, to me known to be the Ga AfmA.#ll6/d6 hi6'044)jd ,
of McCormick Communities LLC, who executed the within and foregoing instrument and acknowledged the said
instrument to be the free and voluntary act of said entity, for the uses and purposes therein mentioned, and on oath
stated that s/he was authorized to execute said instrument.
GIVEN UNDER MY HAND AND OFFICIAL SEAL THIS _� DAY OV d�T" , 2016.
DNOTARY PUBLIC in land for the
soon E •' . Q' i State of Washington, residing at
Notary
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My commission expires
KITSAP COUNTY TREASURER EXCISE
2016EX08052
10/25/2016
Total: $10.00
Clerk's Initial V
STATE OF WASHINGTON )
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COUNTY OF KITSAP )
On this day, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and
sworn, personally appeared t'ltA&O'AS�'Lk , to me known to be the �'1rr� � of
City of Port Orchard, who executed the within and foregoing instrument and acknowledged the said instrument to
be the free and voluntary act of said entity, for the uses and purposes therein mentioned, and on oath stated that s/he
was authorized to execute said instrument. GIVEN UNDER MY HAND AND OFFICIAL SEAL THIS DAY OFLL�u6�r— , 2016.
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Exhibit A
LEGAL DESCRIPTION
A PORTION OF THE FOLLOWING DESCRIBED PROPERTIES:
PARCEL A:
PARCEL 3 OF LAND SEGREGATION RECORDED OCTOBER 5, 2004 UNDER RECORDING
NO. 200410050071, BEING A PORTION OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER AND THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 4, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP
COUNTY, WASHINGTON;
EXCEPTING THEREFROM THAT PORTION CONVEYED TO KITSAP COUNTY FOR PUBLIC
PARK BY STATUTORY WARRANTY DEED RECORDED FEBRUARY 5, 2009 UNDER
RECORDING NO. 200902050053.
PARCEL B:
THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 5, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY,
WASHINGTON.
PARCEL C:
THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 5, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY,
WASHINGTON;
EXCEPTING THEREFROM THAT PORTION CONVEYED TO KITSAP COUNTY FOR PUBLIC
PARK BY STATUTORY WARRANTY DEED RECORDED FEBRUARY 5, 2009 UNDER
RECORDING NO. 200902050053.
PARCEL D:
THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 5, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY,
WASHINGTON;
EXCEPTING THEREFROM THAT PORTION CONVEYED TO KITSAP COUNTY FOR PUBLIC
PARK BY STATUTORY WARRANTY DEED RECORDED FEBRUARY 5, 2009 UNDER
RECORDING NO. 200902050053;
AND EXCEPT THAT PORTION LYING SOUTHERLY OF THE NORTHERLY RIGHT-OF-WAY
MARGIN OF OLD CLIFTON ROAD.
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST QUARTER CORNER OF THE ABOVE DESCRIBED SECTION
4, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON;
THENCE SOUTH 02040'41" WEST ALONG THE WEST LINE OF SAID SECTION 4, A
DISTANCE OF 903.96 FEET;
THENCE NORTH 86059'20" EAST, A DISTANCE OF 16.97 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE CONTINUING NORTH 86°59'20" EAST, A DISTANCE OF 238.66 FEET;
THENCE NORTH 57032'08" EAST, A DISTANCE OF 48.33 FEET;
THENCE SOUTH 88000'02" EAST, A DISTANCE OF 119.39 FEET TO THE WESTERLY LINE
OF RESULTANT PARCEL 1 OF BOUNDARY LINE ADJUSTMENT SURVEY RECORDED
UNDER AUDITOR'S FILE NO. 201403270172, IN VOLUME 79 OF SURVEYS, PAGES 5, 6 AND
7, RECORDS OF KITSAP COUNTY, WASHINGTON;
THENCE SOUTH 18036'11" WEST ALONG SAID WESTERLY LINE, A DISTANCE OF 85.00
FEET TO AN ANGLE POINT THEREOF;
THENCE SOUTH 37022'00" WEST ALONG SAID WESTERLY LINE, A DISTANCE OF 257.95
FEET TO AN ANGLE POINT THEREOF;
THENCE SOUTH 30019'34" WEST ALONG SAID WESTERLY LINE, A DISTANCE OF 210.52
FEET TO AN ANGLE POINT THEREOF;
THENCE SOUTH 26038'58" WEST ALONG SAID WESTERLY LINE, A DISTANCE OF 389.97
FEET TO AN ANGLE POINT THEREOF;
THENCE SOUTH 36°00'13" WEST ALONG SAID WESTERLY LINE, A DISTANCE OF 353.31
FEET TO AN ANGLE POINT THEREOF;
THENCE SOUTH 14051'41" WEST ALONG SAID WESTERLY LINE, A DISTANCE OF 281.23
FEET TO AN ANGLE POINT THEREOF;
THENCE SOUTH 52038'01" WEST ALONG SAID WESTERLY LINE, A DISTANCE OF 221.65
FEET TO AN ANGLE POINT THEREOF;
THENCE SOUTH 14053'27" WEST ALONG SAID WESTERLY LINE, A DISTANCE OF 70.15
FEET;
THENCE NORTH 87°02'01" WEST, A DISTANCE OF 334.17 FEET;
THENCE NORTH 28000'49" EAST, A DISTANCE OF 455.92 FEET;
THENCE NORTH 30031'40" EAST, A DISTANCE OF 1257.51 FEET TO THE BEGINNING OF A
CURVE TANGENT TO SAID LINE;
THENCE NORTHEASTERLY A DISTANCE OF 43.98 FEET ALONG THE CURVE CONCAVE
TO THE NORTHWEST, HAVING A RADIUS OF 800.00 FEET AND A CENTRAL ANGLE OF
3008'59" TO THE POINT OF BEGINNING.
CONTAINING 13.405 ACRES, MORE OR LESS.
ALL SITUATE IN SECTION 4 AND SECTION 5, TOWNSHIP 23 NORTH, RANGE 1 EAST OF THE
WILLAMETTE MERIDIAN, IN THE COUNTY OF KITSAP, STATE OF WASHINGTON.
Return
Address: McCormick Land Company RECEIVE®
4978 SW Lake Flora Rd
Port Orchard, WA 98367
DEC 21 2010
DOUGLAS SKROBUT 201012MWbFPWR+ToORCHARD
12/21/2010R92: 12 PMeo Fee $ e5.00
Walter Washington, KitsaA co Audit6r(-AN I:PARTMENT
AUDITOR/RECORDER'S INDEXING FORM
Document 1. Development Agreement
Title(s):
Reference Number(s) of Documents assigned or NA
released:
Grantor(s) 1. City of Port Orchard
Additional names on page of document.
Grantee(s) 1. GEM LLC
Additional names on page of document.
Legal The northwest quarter of the southwest quarter of Section 4 together with the southwest, northeast ans
Description: southeast quarters of the southeast quarter of Section 5, all located in Township 23 North, Range I East,
(abbreviated) Willamette Meridian, Kitsap County, Washington
Additional legal is on pages 1 through 13 of document.
Assessor's Property Tax Parcel/Account Number: 052301-4-014-2009, 052301-4-015.2008, 052301-4-016-2007,
052301-4-017-2006, 05231-4-018-2005, 052301-4-013-2009,
042301-3-009-2009,042301.3-007-2001
Additional Assessor's Property Tax Parcel/ Account Numbers are on page 3 of Document.
DEVELOPMENT AGREEMENT
McCormick North Phase III
Contract No. 068-10
THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into between the City
of Port Orchard, a Washington municipal corporation ("the City"), and GEM 1 LLC, a
Washington limited liability company ("GEM 1").
RECITALS
A. GEM I is the owner and developer of the McCormick North III Master Plan and
Preliminary Plat, which is a portion of a larger area generally known as McCormick North. The
McCormick North development is generally located on the north side of Old Clifton Road, west
of Anderson Hill Road. The McCormick North area and the portion of that area known as
McCormick North III are shown in the site plan attached as Appendix A. The legal description
of McCormick North Phase III is attached as Appendix B.
B. The McCormick North area, including the area of McCormick North Phase III
was annexed into the City of Port Orchard on July 8, 2009.
C. Prior to the annexation, GEM 1 obtained Kitsap County's approval of a Master
Plan and Development Agreements for Stornwater, Traffic, and Parks and Open Space, which
regulate development of all of GEM I's developments in the Urban Growth Area, including
McCormick North. In addition, GEM 1 obtained Kitsap County approval of a Master Plan for
McCormick North, Preliminary Plats for McCormick North Phases I and II, and additional
approvals for various aspects of the development of McCormick North. Collectively, these
approvals and agreements established a comprehensive development plan for GEM 1's urban
properties, including McCormick North and McCormick North Phase III.
D. Prior to the annexation, GEM 1 submitted applications for the McCormick North
Phase III Master Plan and a Preliminary Plat application for McCormick North Phase III to
Kitsap County - Kitsap County Project Numbers 09 65893 and 09 74595. Kitsap County issued
a Notice of Complete Application for the McCormick North Phase III Master Plan on March 13,
2009 and a Notice of Complete Application for the McCormick North Phase III Preliminary Plat
on June 16, 2009.
E. The City and Kitsap County have different processes for the approval of
applications for developments like McCormick North Phase III. The City and County also have
similar, but slightly different, substantive standards for the development of projects like
McCormick North Phase III.
Page I of 13
F. The City and GEM 1 recognize that GEM I has a vested right to develop
McCormick North Phase III pursuant to the Kitsap County standards to which it is vested.
However, for a variety of reasons, both the City and GEM 1 believe it would be preferable to
complete the review and approval of McCormick North Phase III using City permit procedures.
The City and GEM 1 also believe it would be preferable to complete the review and approval of
McCormick North Phase III based on City of Port Orchard substantive standards, to the extent
that use of such standards does not require significant redesign of the project.
G. The City and GEM 1 desire to enter into a Development Agreement, as authorized
by RCW 36.70B.170, which will establish procedures and standards for the review and approval
of McCormick North Phase III. This Agreement is intended to set forth the uses that will be
permitted on the Property, the development standards that will apply, the period of time within
which the development standards will apply, and the method and manner in which it may be
developed.
Based on the foregoing considerations, the City of Port Orchard and GEM 1, LLC enter
into the following Development Agreement.
DEVELOPMENT AGREEMENT
1. Definitions:
a. When used in this document, unless the content clearly indicates otherwise, the
following words, when capitalized shall be defined as set forth in this paragraph.
'�e�plu}ion reSolu?~�vn ,'L'/
(1) "Adopting Ordinance" means the eree that approves this
Development Agreement, as required by RCW 36.70B.200.
(2) "Agreement" means this document, entitled Development Agreement.
(3) "City" means the City of Port Orchard.
(4) "Construction Standards" means the City adopted regulations governing
construction standards and specifications, such as, but not limited to, the International
Building Code, Uniform Plumbing Code, National Electric Code, the International Fire
Code, the Uniform Code for the Abatement of Dangerous Buildings, and such other
codes adopted by the City, with or without amendment.
(5) "Development Standards" means the development requirements set forth
in this Section 3 of this Agreement, the SEPA conditions, and all of the regulations duly
adopted by the City, either as a part of the Port Orchard Municipal Code, or adopted
therein by reference, and any administrative regulations duly adopted by the City, that
relate to the use, alteration or development of real property within the City,. Development
Standards does not include Construction Standards or the applicable fees in effect at such
Page 2 of 13
time as grading, building, or other applicable permit applications are submitted and
deemed complete by the City.
�e5ulu� icSi-t''
(6) "Effective Date" means the effective date of the Adopting Ordinance.
(7) "GEM 1" means GEM 1, LLC the fee simple title holder of the Property,
its successors or assigns.
(8) "McCormick North Phase III" or the "Property" means the real property
within the City, assigned Kitsap County Assessor's tax parcel numbers 052301-4-014-
2009, 052301-4-015-2008, 052301-4-016-2007, 052301-4-017-2006, 052301-4-018-
2005, 052301-4-013-2009, 042301-3-009-2009, and 042301-3-007-2001, as depicted in
Appendix A and legally described in Appendix B. The Property consists of
approximately 129 acres and the proposed future uses include residential, mixed use, and
industrial.
(10) "Vesting Date" refers to the date on which Kitsap County issued a Notice
of Complete Application for the McCormick North Phase III Master Plan project -
Kitsap County File Number 09 65893 (March 13, 2009), as set forth in paragraph D,
above.
(11) "Vested Development Standards" means the Development Standards in
effect on the Vesting Date, except as modified by the requirements set forth in Section 3
of this Agreement.
2. Development Review Process:
a. The Kitsap County review process for McCormick North Phase III required
submission of (1) a Master Plan application, and (2) a Preliminary Plat application. The City
review process does not include a Master Plan process for such a development. The City's
requirements for a Preliminary Plat application are slightly different and slightly more detailed
than the County's Master Plan application requirements.
b. In order to convert the pending applications to the City permit process, the
following steps have occurred:
(1) GEM 1 submitted modified and supplemental information requested by
City staff regarding the pending master plan and preliminary plat application, in order to
provide the additional information required to meet the City's application requirements
for preliminary plat approval (generally consisting of additional information on the
stormwater control plan).
(2) The City reviewed the application materials previously submitted to the
County, and the modified/supplemental information provided pursuant to the preceding
subsection 1(b) (1) and determined, based on that information, the application contains
Page 3 of 13
sufficient information to allow the City to process a preliminary plat application for
McCormick North Phase III using City processes and standards, subject to the terms of
this Agreement.
(3) Based on the City's determination that the application contains sufficient
information to allow the City to process a preliminary plat application for McCormick
North Phase III using City processes and standards, subject to the terms of this
Agreement, the Master Plan application previously submitted to the County was deemed
to have been abandoned and the McCormick North Phase III project was processed as a
City preliminary plat application as set forth in this Agreement.
C. Because the applications have been converted to the City permit process pursuant
to subsection I(b), above, the application has been processed pursuant to City procedures for
preliminary plat approval, as in effect on the Effective Date of this Agreement. This process
included, but was not limited to, issuance of a new notice of application (if deemed to be
required by the City) and SEPA review, the City Hearing Examiner and appeal processes.
3. Development Standards:
Because the McCormick North Phase III applications have been converted to the City
permit process pursuant to Section 1, above, the Property, including all permitted land uses, has
been reviewed and conditioned based on the Development Standards in effect on the Vesting
Date, with the following changes:
a. Minimum Residential Lot Size. The McCormick North Phase III project was
designed with and is based on a minimum residential lot size of 1500 square feet. The minimum
residential lot size for the Property shall be 1500 square feet.
b. Tree Retention. The City and County have very different requirements for
provision of open spaces and retention of significant trees. The City's current significant tree
retention regulations are based on an assumption that a certain number of significant trees will be
retained throughout a project (defined as a tree having diameter at breast height of 36" or
greater). The County, on the contrary, requires that a certain percentage of a site be retained as
open space in which existing vegetation is protected. GEM 1, as part of the larger McCormick
North project, developed that overall project based on the County system. As a result, there are
and will be substantial areas of trees retained within the McCormick North project but in a
pattern that is different than the City's lot by lot system. In order to accommodate this
difference, the City and GEM 1 agree that development on lots within McCormick North Phase
III shall be exempt from the provisions of the Port Orchard significant tree retention regulations
(PMC 16.50.180 through 16.50.220, as now or hereafter amended) for a period of fifteen years
from the date of final plat approval. After the expiration of said fifteen year period, any new or
additional development on any lot in McCormick North Phase III shall be done in compliance
with the requirements of significant tree retention regulations in effect at the time of application
for such new or additional development.
Page 4 of 13
C. Stormwater Control Standards. McCormick North Phase III was originally
planned and development applications submitted on the basis of the requirements set forth in the
Kitsap County Code Title 12 Drainage Standards, and the Kitsap County Department of Public
Works Stormwater Division, "Kitsap County Stormwater Management Manual (KCSWDM),"
dated February 2002 with 2007 updates. GEM 1 subsequently agreed to use more state-of-the-
art water quality best management practices as part of the project. In order to implement this
agreement, the City and GEM I agree as follows:
(1) The requirements set forth in the Kitsap County Code Title 12 Drainage
Standards, and the Kitsap County Department of Public Works Stormwater Division, "Kitsap
County Stormwater Management Manual (KCSWDM)," dated February 2002 with 2007 updates
shall be used to review and condition approval of the water quantity aspects of the stormwater
control system for McCormick North Phase III (i.e., the volume of required retention -detention
and flow control standards).
(2) The standards contained in the 2005 Department of Ecology Stormwater
Control Manual and Kitsap County Low Impact Development Ordinance shall be used to review
and condition the water quality control aspects of the stormwater control system for McCormick
North Phase III.
d. Building Height. Kitsap County and the City impose similar but different
building height limitations on the residential zone (RM — Residential Medium in the County and
R20 in the City) in which a portion of McCormick North Phase III is located, but the County
method of measuring building height is somewhat more detailed. Because the plat was designed
assuming the County measurement system, building heights in the portion of McCormick North
Phase III that is zoned R20 shall be calculated based on the provisions of Kitsap County Code
17.110.140, 17.382.020, 17.382.060 and 17.382.110 (copies attached as Appendix C.)
e. Road Cross Sections. McCormick North Phase III is part of a larger
development which was designed and constructed based upon the standards in the 2007 Kitsap
County Road Standards, including roadway width, sidewalk requirements, street trees and street
lighting and related appurtenances. In order to provide uniformity of appearance, a common
maintenance standard, and for consistency, except as noted below, McCormick North Phase III
shall be developed using the same road cross sections and road improvement standards that were
used in the balance of the McCormick North development. Copies of the applicable Road Cross
Sections and Road Channelization Plan are attached as Appendix D , D-1, and F.
(1) Roads 1 through 5 shall have 6 foot wide sidewalks in accordance with
WSDOT Standard Plans. Road 1 shall include a center turn lane between Roads 5 and 6.
(2) Roads 2- 4 are intended to provide ingress/egress to the R20 zone (High
density residential) parcels. The roads shall include curb, gutter, 6 foot sidewalks on both sides,
7 foot parking lane on one side, and 11 foot drive lanes, as depicted in Appendix E and Appendix
F.
Page 5 of 13
(3) Road 5 is intended to provide ingress/egress to the Eo Zone (employment
— industrial and office) parcels. The road shall include curb, gutter, 6 foot sidewalks both sides,
12 foot center turn lane, and 11 foot drive lanes, as depicted in Appendix E.
(4) Road 6 is intended to provide ingress/egress to the Eo Zone (employment
— industrial and office) parcels. In addition to the median or 12 foot wide center turn lane, two 11
foot wide drive lanes, and 6 foot sidewalks on both sides, as depicted in Appendix E, Road 6
shall also include covered stormwater conveyance with thickened edge, and a cul-de-sac
installed to City standards at the north terminus of the roadway.
f. Critical Areas,
The City has reviewed the critical area delineations and reports
prepared for McCormick North Phase III (which were originally submitted to Kitsap County)
and has determined that the reports are complete and sufficient for review of a plat application
pursuant to City standards and that the delineations contained therein are accurate.
g. Zoning and Uses. The land uses for individual parcels or future development
tracts are subject to the underlying City Zoning designation and associated land use code as
identified in Port Orchard Municipal Code Section 16.30, as adopted on the Vesting Date. Future
development is subject to the land use approval process, conditions, and potential SEPA review
identified pursuant to the land use tables identified in Chapter 16.30.
h. Dedication of Additional Open Space._ Although GEM I proposed to provide
sufficient open space and recreational amenities to meet applicable standards, the City requested
that GEM 1 also dedicate additional property as open space in McCormick North Phase 1I1.
GEM 1 agrees, in response to that request, to dedicate the additional open space subject to the
following conditions:
(1) Within sixty (60) days of final plat approval, GEM 1 shall convey as
permanent open space to the City via quit claim deed the real property depicted in attached
Exhibit I (the "dedicated property"),
(2) GEM 1 shall be allowed to construct roadway and stormwater control
facilities (both water quantity and water quality control systems) in the dedicated property. Such
facilities shall be designed and constructed in accordance with Section 3(c) of this Agreement.
In the event that the dedication occurs before the stormwater control facilities are completed,
inspected and approved by the City, GEM 1 shall have the right to enter the dedicated property
for the purposes of design, construction, maintenance and repair of the facilities, including
during a period of two years after approval of the constructed facilities.
(3) GEM 1 shall be responsible for the maintenance and repair of the
stormwater facilities in the dedicated property for a period of two years after approval of the
constructed facilities. During that period of time, GEM 1 shall be responsible for any repair,
maintenance or improvements required to assure that the facilities are operating in a manner
which complies with the standards set forth in Section 3(c) of this Agreement.
Page 6 of 13
(4) At the conclusion of the two year maintenance period set forth in the
preceding subparagraph, the City shall assume responsibility for the ongoing maintenance and
repair of the stormwater facilities in the dedicated property
4. Term of Agreement.
a. Because the completion of the development of GEM 1's Urban Growth Area
properties, including McCormick North Phase III, is expected to take considerably longer than
the development of a single plat and because Kitsap County, the City of Port Orchard and GEM
1 all desire that these properties be developed in a coordinated manner, the Vested Development
Standards shall be valid for a period of fifteen years from the Effective Date unless extended or
terminated as provided herein. The City may grant a single five year extension if requested by
GEM I and if the City finds that GEM 1 has made a reasonable effort to complete the final plat
process, recognizing that the timing of development is dependent on market conditions, the
availability of financing and various other factors beyond the control of the parties to this
Agreement. Final plat approval may be granted for portions of McCormick North Phase III,
provided such final plat recording for all of McCormick North Phase III shall occur within the
time periods established by this Section.
b. Following the expiration of the term or extension thereof, this Agreement shall
have no force or effect and the Property shall be subject to the regulations duly adopted by the
City, either as part of the Port Orchard Municipal Code, or adopted therein by reference, and any
administrative regulations duly adopted by the City that relate to the use, alteration or
development of real property within the City. Provided, however, if a complete building permit
application is submitted prior to the expiration of the term or extension thereof, the City shall
allow the construction and occupation of the improvement covered by said building permit
application so long as the building permit issued on said application remains in full force and
effect and construction is substantially completed within 18 months of the date the City issues
the building permit.
5. Phasing.
GEM 1 shall be allowed to develop the property in phases, with the phases being allowed to
occur in such sequence as GEM 1 deems necessary in order to meet economic demands.
Provided, however, GEM 1 must complete in each phase the improvements that are determined
necessary by the City to adequately protect the public health and safety with regards to
pedestrian and traffic circulation, emergency access, stormwater management, and utilities as
they relate to the proposed phase.
In the event that market conditions or other factors result in a change in the type of uses
(residential, commercial, industrial) within the Property, this Agreement shall remain in effect,
subject to the following:
a. Stormwater controls: GEM shall be entitled to develop its property pursuant to
the standards set forth in Section 3(c), above, provided that if the total impervious
Page 7 of 13
surface area in the revised development exceeds the impervious area that is
assumed in the stormwater plans designed in accordance with Section 3(c), GEM
shall design and install the additional stormwater storage required by the revised
development in accordance with the City of Port Orchard's stormwater
regulations and standards in effect at the time of vesting of the application for the
revised development.
b. Additional Residential Area. In the event that a revised development would
increase the area devoted to single family residential uses, lot sizes and parking
requirements for lots in the additional area shall comply with City of Port Orchard
standards in effect when an application for development of the additional area is
vested. In order to maintain a uniform appearance and consistency, any additional
residential area shall be subject to the building height and road cross section
standards established in Sections 3(e) and 3(f), above.
6. Default.
No party shall be in default under this Agreement unless it has failed to perform following
written notice of default from the other party. Notice of default shall allow the defaulting party
thirty (30) days to cure or commence cure where thirty (30) days is insufficient for a complete
cure. Each notice of default shall specify the nature of the alleged fault and the manner in which
the default may be cured satisfactorily. A parry not in default under this Agreement shall have all
rights and remedies provided by law or equity, including without limitation: issuance of a stop
work order, injunction, damages, action for specific performance, or to require action consistent
with this Agreement. Nothing herein will operate to prevent either party from taking legal action
regarding noncompliance that threatens public health, safety or welfare prior to the expiration of
the thirty (30) day cure period following notice of default. No such action or preceding will
operate to automatically terminate this Agreement, nor shall it release either party from any
promise or obligation herein nor shall it release either party from any liability or obligation with
respect to any breach of this Agreement occurring prior to the commencement of any legal action
by a party.
7. Notices.
All notices required by this Agreement shall be deemed delivered to the respective party on the
date that it is personally delivered to the address(es) set forth below, or on the date that it is
successfully sent by facsimile transmission to the facsimile number(s) set forth below:
City: James Weaver
City Development Director
216 Prospect Street
Port Orchard, WA 98366
Phone: 360-876-4991
Page 8of13
Facsimile: 360-876-4980
With a copy to: Gregory A. Jacoby
City Attorney
P.O. Box 1317
Tacoma, WA 98401
Phone: 253-627-1181
Facsimile: 253-627-2247
GEM I Doug Skrobut
McCormick Land Company
4978 SW Lake Flora Road
Port Orchard, WA 98367
Phone: 360-876-3395
Facsimile: 360-876-3511
With a copy to: Bob Johns
1601 114`s Avenue SE, Suite 110
Bellevue, WA 98004
Phone:425-451-2812
Facsimile: 425-451-2818
8. Reimbursement for Agreement Expenses of the City.
GEM 1 agrees to reimburse the City for actual expenses incurred over and above fees paid by
GEM 1 as an applicant incurred by City directly relating to this Agreement, including recording
fees, publishing fees, and reasonable consulting and legal fees not otherwise included within
application fees. This Agreement shall not take effect until the fees provided for in this section
are paid to the City. Such payment of all fees shall be paid, at the latest, within thirty (30) days
from the City's presentation of a written statement of charges to GEM 1.
9. Amendments.
No change or modification of this Agreement shall be valid unless the same is in writing and is
signed by authorized representatives of the City and GEM 1. Provided, that any such amendment
shall follow the process established by law for the adoption of a development agreement, as set
forth in RCW 36.70B.200. No purported or alleged waiver of any of the provisions of this
Agreement shall be binding or effective unless in writing and signed by the party against whom
it is sought to be enforced.
10. Serious Threat to Public Health and Safety.
Pursuant to RCW 36.70B.170(4), the City reserves the authority to impose new or different
regulations affecting the Property, including but not limited to amendments to the
Page 9 of 13
Comprehensive Plan, Zoning Code, Official Zoning Map, or development regulations, to the
extent required by a serious threat to public health and safety.
11. Recording; Binding Effect; Assignment.
This Agreement and any subsequent amendments thereto shall be recorded with the Kitsap
County Auditor. GEM 1 shall be responsible for the cost of recording this Agreement and any
subsequent amendments thereto. The rights, obligations, conditions and interests set forth in this
Agreement shall run with the land and shall inure to the benefit of and be binding upon the GEM
1, and its heirs, personal representatives, successors and assigns and shall benefit the properties
described in Appendix B. GEM 1 shall have the right to convey, assign, apportion or otherwise
transfer any and all of its rights, obligations, conditions, and interests under this Agreement.
Provided, however, within thirty (30) days of the effective date of GEM 1's conveyance,
assignment, apportionment, or other transfer of its rights under this Agreement, GEM 1 must
provide notice to the City of the same.
12. Relationship of the Parties.
Notwithstanding any other provision of this Agreement, or any other agreements, contracts, or
obligations which may derive herefrom, nothing herein shall be construed to make the City or
GEM 1 partners or joint venturers, or to render any other parties liable for any of the debts or
obligations of the other parties, it being the intention of this Agreement merely to create the
agreements set forth herein.
13. Third Party Legal Challenge.
In the event any legal action or special proceeding is commenced by any person or entity other
than a party to this Agreement, and a party's successor or assigns, to challenge this Agreement or
any provision herein, the City may elect to tender the defense of such lawsuit or individual
claims in the lawsuit to GEM 1 and its successors or assigns. In such event, GEM 1 and its
successors or assigns shall hold the City harmless from and defend the City from all costs and
expenses incurred in the defense of such lawsuit or individual claims in the lawsuit, including but
not limited to attorney's fees and expenses of litigation, and damages awarded to the prevailing
party or parties in such litigation. GEM 1 and its successors or assigns shall not settle any lawsuit
without the consent of the City. The City shall act in good faith and shall not unreasonably
withhold consent to settle.
14. Specific Performance.
The parties specifically agree that damages are not an adequate remedy for breach of this
Agreement, and that the parties are entitled to compel specific performance of all material terms
of this Agreement by any party in default thereof.
15. No Third Party Beneficiaries.
Page 10 of 13
This Agreement is made and entered into for the sole protection and benefit of the parties hereto
and their successors and assigns. No other person shall have any right of action based upon any
provision of this Agreement.
16. Applicable Law and Venue.
This Agreement shall be governed by and construed in accordance with the laws of the State of
Washington. Any action with respect to this Development Agreement shall be brought in Kitsap
County Superior Court, Port Orchard, Washington.
17. Multiple Originals.
This Agreement may be executed in multiple copies, each of which shall be deemed an original.
18. Entire Agreement; Construction.
This Agreement constitutes the entire agreement of the parties and incorporates all prior
discussions and agreements. The captions throughout this Agreement are for convenience and
reference only and the words contained in them shall not be held to expand, modify, amplify or
aid in the interpretation, construction or meaning of this Agreement. All parties hereto have
been represented by legal counsel and accordingly hereby waive the general rule of construction
that an agreement shall be construed against its drafter.
19. Attorney's Fees.
In the event that any party to this Agreement brings a lawsuit against any other party in order to
enforce any provision of this Agreement or to redress any breach thereof, the prevailing party in
any such lawsuit shall be entitled to recover its costs and reasonable attorney's fees in addition to
any other available remedy.
IN WITNESS WHEREOF, this Agreement was executed by the parties on the dates
hereinafter indicated.
CITY OF PORT
LN
Date:
GEM 1, LLC
Page 11 of 13
uierK
By:Mike
rnn
Its' mGL jH OFePERATIONS
Date: GRANITE LAND L;UMrAMT
Z2 ILIb
STATE OF W.
ss.
COUNTY OF KITSAP
I certify that I know of haves 'sfacl
who appeared before me, and said perso c
oath stated that he/she was authorized to e
of GEM 1, LLC to be
purposes mentioned in the instrument.
�,QC CA"CrQU aCKnowl"Mgn-1—
evidence that
is the person
fledged that he/she signed this instrument, on
e the instrument and acknowledge it as the
fee and voluntary act of such party for the
SUBSCRIBED AND SWORN to before me this \ day of 20.
STATE OF WASHINGTON
ss.
COUNTY OF KITSAP
NOTARY PUB C in and for the State of
Washington, resi ihg at
My appointment expi s:
I certify that I know of have satisfactory evidence that is the person
who appeared before me, and said person acknowledged that he/she signed this instrument, on
oath stated that he/she was authorized to execute the instrument and acknowledge it as the
of the City of Port Orchard to be the fee and voluntary act of such party for
the purposes mentioned in the instrument.
SUBSCRIBED AND SWORN to before me this day of 20.
NOTARY PUBLIC in and for the State of
Washington, residing at
My appointment expires:
Page 12 of 13
Page 13 of 13
CALIFORNIAiACKNOWLEDGMENT
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State of California
County of SaC\QGlh0'QM
On 11 2C1 ) 20\0 before me, I�QSIRQ� tfiO1bQR�j , NO)Oj2�( V)uVl is
Date t� Here Ireert N M title of the Officer
personally appeared m) � m 00-)1 )(2Y)
Name(s) of agner(s)
who proved to me on the basis of satisfactory evidence to
be the person(s)'whose name* is/are'subscribed to the
within instrument and acknowledged to me that
h%geftt o executed the same in his/tleMWr authorized
DESIRES HOLSERC capacity(jas), and that by his/petA,peir signature(s) on the
CoMte.k 1893720 instrument the personot, or the entity upon behalf of
NO.AN. PUFLIC CAIIFgINIA N which the person(§),acted, executed the instrument.
$,CMNFNroY
My COMM. E%P, YYNF 27, 20M "�
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS m/yhand
�and
�off icial al.
Signature
Place No
Lary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description o ached Document
Title or Type of Document .
Document Date: Number of Pa
Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer—Title(s):
❑ Partner — ❑ Limited ❑ Ger
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Cot
❑ Other:_
Signer Is Representing:
❑ Individ
❑ Corporate O r — Title(s):
❑ Partner— ❑ Limit ❑ General
❑ Attorney in Fact
❑ Trustee Top of thumb here
❑ Guardian or Conservator
❑ Other:
Signer Is Representing
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MCCORMICK NORTH PHASE III DEVLOPMENT AGREEMENT - APPENDIX A
NW 1/4, SW 1/4, SEC.
4, AND THE SE 1/4, SEC 5,
TWP. 23 N., RGE. 1 E., W.M.
KITSAP COUNTY
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G. Goldsmith & Assoclstes, Inc.
GEMI L.L.C. JOB NO:
08100
%Hugh
18 Cosaslttog &)&eery • Sunepors • Plassers
P.O. Box 3565 TEL 425 462-1080
Bellevue, AA FAX: 425� 4s
MCCORMICK NORTH MASTER PLAN
PHASE III, URBAN VILLAGE
KITSAP COUNTY WASHINGTON
I
SCALE: I' =BOO' APR: APR: I BY: GCR BY: KJT
PSSF: 04005 1 DATE: 9 8/08
UWG: OBIOOEOI.dw LKNAPP 09/10/08 08:53
M:\ACAD\SURVEY\06\08100\OBIOOEOI.dwg
MCCORMICK NORTH PHASE III DEVLOPMENT AGREEMENT - APPENDIX B
September 10, 2008
LEGAL DESCRIPTION
rMOIA
GEM1, L.L.C.
MCCORMICK NORTH MASTER PLAN PHASE III, URBAN VILLAGE
That portion of the Southwest quarter of Section 4 and the Southeast quarter of Section
5, Township 23 North, Range 1 East, Willamette Meridian, Kitsap County, Washington, lying
North of Old Clifton Road and lying West of the following described line:
Beginning at the Southeast corner of said Section 5;
Thence N 87002'01" W along the South line of said Section 5 a distance of 835.91 feet;
Thence N 5032'11" E a distance of 30.03 feet to the North margin of said Old Clifton
Road and the TRUE POINT OF BEGINNING of the herein described line, said point also being a
point on the arc of a curve, the center of which bears S 84027'49" E;
Thence Northerly along the arc of a curve to the right, said curve having a radius of
430.00 feet, through a central angle of 24059'29", a distance of 187.56 feet;
Thence N 28000'49" E a distance of 455.92 feet;
Thence N 30031'40" E a distance of 1257.51 feet to a point of curve;
Thence Northerly along an arc of a curve to the left, said curve having a radius of 800.00
feet, through a central angle of 27950'52", a distance of 388.83 feet;
Thence N 2040'48" E a distance of 457.96 feet;
Thence N 87919'12" W a distance of 10.00 feet to a point on the arc of a curve, the center
of which bears S 87019'12" E;
Thence Northerly along the arc of a curve to the right, said curve having a radius of
710.00 feet, through a central angle of 9006'48", a distance of
112.93 feet to a point on the East — West centerline of said Section o
4, distant thereon 89.08 feet, S 88052'10" E from the West quarter
corner of said Section 4 and the TERMINUS of The herein described q� •' w s `,
line. 4. Iry HX�c
C7 •�F 4 �' O +1
EXCEPT any portion thereof lying within the Northwest
quarter of said Southeast quarter of said Section 5.
08100GEM12414-2010.O.DOC Prepared by:
Page 1011 ja GOLDSMITH
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Checked by:
MCCORMICK NORTH PHASE III DEVLOPMENT AGREEMENT - APPENDIX C
Building Height for McCormick North Phase III Preliminary Plat
Per Kitsap County Code Title 17
Zoning: RM Zone — Residential Medium
(Converted to R20 per Port Orchard Annexation)
I. DEFINITION -BUILDING HEIGHT:
17.110.140 Building height.
`Building height' is the vertical distance above a reference datum measured to the highest point
of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the
highest gable of a pitched or hipped roof.
(Ord. 367 (2006) § 5 (part), 2006: Ord. 216 (1998) § 4 (part), 1998)
H. DENSITY, DIMENSIONS, AND DESIGN - Chapter 17.382.020
C. Height. Except as provided for in Section 17.382.110(A)(14), height shall be measured
from a reference datum to the highest point of the coping of a flat roof, to the deck line of a
mansard roof, or to the average height of the highest gable of a pitched or hipped roof. The
reference datum shall be selected by either of the following, whichever yields a greater height of
building:
1. The elevation of the highest adjoining sidewalk or ground surface within a five-foot
horizontal distance of the exterior wall of the building when such sidewalk or ground surface is
not more than ten feet above lowest grade.
2. An elevation ten feet higher than the lowest grade when the sidewalk or ground surface
described in subsection (C)(1) of this section is more than ten feet above lowest grade.
3. The height of a stepped or terraced building is the maximum height of any segment of the
building.
II. DENSITY, DIMENSIONS, AND DESIGN - Chapter 17.382.060
17.382.060 Urban Residential Density and Dimensions Table.
Urban Low -Density Residential
Urban Medium/High-
Density Residential
UCR
IGZ
UR
UL
Um
UH
Standard
(5)
(33)
(33)
(5)
(5)
(33)
C:\Backup 02.14.06Wevelopment Sub Areas\McCormick North\McCormick North Phase III1BIdg Height PH III Pre -Plat Dev
Agree (KC Code)120709.doc
12/8/2009 1 is
(50)
(33)
4
1
1
4
10
Minimum density (du/acre)
(18)
19
(19)
(18)
(19)
(19)
9
4
5
9
18
Base/Maximum density (du/acre)
30
(19)
(18)
(18)
(19)
(19)
None for multi-
Minimum lot size (39)
2,400
5,800
5,800
�f.
2,400
family;
None
s.f.
s.f.
s
s.f.
2,400 s.f. for
single-family
0 for multi-
40
family;
Lot width (feet)
40
60
60
60
(20)
40 for single-
family
0 for multi -
family;
Lot depth (feet)
60
60
60
60
60
60 for single-
family
35
35
35
Maximum height (feet) (40)
35
35
35
(50)
(17)
(17)
Maximum impervious surface coverage
NA
40%
50%
NA
85%
85%
(Ord. 420 (2008) § 8 (part), 2008; Ord. 415 (2008) § 155, 2008: Ord. 367 (2006) § 106 (part),
2006)
17.382.110 Footnotes for tables.
17. A greater height may be allowed as set forth below and in accordance with the procedures
in Title 21 of this code. Such approval must be consistent with the recommendations of the fire
marshal/fire district and compatible with surrounding uses and zones. Such approval shall result
in a decrease in building coverage, an increase in public amenities, and/or a more creative or
efficient use of land. The maximum building height approved by the director shall not exceed:
C:\Backup 02-14-06\Development Sub Areas\McCormick North\McCornick North Phase Ill\Bldg Height PH III Pre -Plat Dev
Agree (KC Code) 120709.doc
12/8/2009 2
a. In the UM, NC, and P zones: forty-five feet.
b. In the UH, HTC, and RC zones: sixty-five feet.
c. In the BP, BC, and IND zones: fifty feet.
d. In the mixed use zone:
i. Within Silverdale, the maximum height shall be 45 feet;
ii. Along the Highway 303 corridor, the maximum height shall be sixty-five feet;
iii. Along Perry and National Avenues, the maximum height shall be forty-five feet.
C:\Backup02-I4-06\DeveIopment Sub Areas\McCormick North\McCorrdck North Phase IIRBldg Height PH III Pre -Plat Dev
Agree (KC Code) 120709.doc
12/8/2009 3 is
MCCORMICK NORTH PHASE III DEVELOPMENT AGREEMENT -REVISED APPENDIX D
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