077-16 - Resolution - Granting Final Plat Approval Horstman Heights Phase 2RESOLUTION NO.077-16
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, GRANTING
FINAL PLAT APPROVAL FOR A 28 LOT PLAT KNOWN AS HORSTMAN HEIGHTS
PHASE 2
WHEREAS, on September 25, 2006, the City of Port Orchard City Council approved the
preliminary plat for a subdivision known as Horstman Heights; and
WHEREAS, on July 2, 2014, the City of Port Orchard Community Development Director
approved the amended preliminary plat of Horstman Heights at the request of the property owner;
and
WHEREAS, on May 25, 2016 a final plat submittal was received for Horstman Heights Phase
2 for the subdivision of 28 lots, two tracts and public right-of-way; and
WHEREAS, the Director of Public Works has determined that the proposed means of
sewage disposal and water supply are adequate and recommends approval of the final plat; and
WHEREAS, the City Engineer recommends approval of the final plat; and
WHEREAS, the City Community Development Director recommends approval of the final
plat; and
WHEREAS, the City Council finds that Horstman Heights Phase 2 conforms to all terms and
conditions of the preliminary plat approval and that said subdivision meets the requirements of
Chapter 58.17 RCW and other applicable state laws and local ordinances; and
WHEREAS, the City Council finds that Horstman Heights Phase 2 conforms to the applicable
zoning requirements and Port Orchard's Comprehensive Plan; now, therefore;
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS
FOLLOWS:
THAT: The Port Orchard City Council approves the final plat for
Horstman Heights Phase 2, as illustrated and as legally described in
Exhibit A, attached hereto; and
FURTHER THAT: The Horstman Heights Phase 2 subdivision shall be
governed by the terms of approval of the final plat, and the statutes,
ordinances, and regulations in effect at the time of approval for a
period of five years after final plat approval unless the City Council
finds that a change in conditions has created a serious threat to the
public health or safety in the subdivision.
Resolution No. 077-16
Page 2 of 2
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by
the Clerk in authentication of such passage this 22nd day of November, 2016.
1�-
Robert Putaansuu, Mayor
ATTEST:
Brandy RinearsonBrandy Rinearson, CIVIC, City Clerk
Clerk
HORSTMAN HEIGHTS PLAT PHASE 2
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SHEET INDEX
SHEET 1 DEDICATION AND APPROVALS
SHEET 2 BOUNDARY AND SECTION CONTROL
SHEET 3 LOT LAYOUT
SHEET 4 PLAT NOTES
DEDICATION:
A PORTION OF THE NE 1/4 AND THE NW 1/4 OF THE SW 1/4,
OF SECTION 30, TOWNSHIP 24 NORTH, RANGE 2 EAST, W.M.,
CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON
WE, THE UNDERSIGNED OWNERS OF THE HEREIN DESCRIBED PROPERTY, DEDICATE THEE LOTS TO THE
PURCHASER THEREOF. ALL ROADS ARE PUBLIC AND ARE DEDICATED TO THE PUBLIC. EAC LOT OWNER SHALL
HAVE AN EASEMENT FOR INGRESS, EGRESS AND UTILITY PURPOSES, AND ANY OTHER PUR OSES NOT
INCONSISTENT WITH ITS USE AS A ROADWAY, OVER AND ACROSS ALL THE PUBLIC ROADS SHOWN ON THE PLAT.
THE OWNERS RESERVE THE RIGHT TO MAKE ANY NECESSARY CUTS AND FILLS UPON THESE LOTS IN THE
ORIGINAL REASONABLE GRADING OF THESE ROADS.
THIS SUBDIVISION IS MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE OWNER OR
OWNERS.
THE UNDERSIGNED OWNERS WAIVE ALL CLAIMS FOR DAMAGES AGAINST THE CITY OF FOR
ORCFIARD, ITS
OFFICERS, EMPOLYEES, AGENTS, SUCCESSORS, ASSIGNS, AND CONTRACTORS ARISING F
OM OR OCCASIONED
TO THE ADJACENT LAND BY THE ESTABLISHED CONSTRUCTION, DRAINAGE, AND MAINTENA
CE OF SAID ROADS,
AS WELL AS THE SEWER PIPELINES, MANHOLES, AND OTHER APPURTENANT SEWER STRUCTURES,
DRYWELLS,
WATER SYSTEM, DRY UTILITY SYSTEM, OR UNDERGROUND DRAINAGE FACILITIES OVER, UrN
DER, AND ACROSS THE
AFOREMENTIONED ROADS.
S AND G DEVELOPING, LLC, A WASHINGTON LIMITED LIABILITY COMPANY
is 1
ACKNOWLEDGMENTS:
STATE OF WASHINGTON ) SS
COUNTY OF KITSAP j
ON THIS DAY PERSONALLY APPEARED BEFORE ME STEPHEN A. SKIBBS
TO ME
KNOWN TO BE THE MANAGER , OF THE CORPORATION THAT EXECUTED THE WITHIN AND
FOREGOING INSTRUMENT AND ACKNOWLEDGED 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 WAS/WERE AUTHORIZED TO EXECUTE SAID INSTRUMENT. IN WITNESS WHEREOF, I HAVE SET
MY HAND AND AFFIXED MY OFFICIAL SEAL THIS 7 DAY OF k4 VeM bcr 20 / 6.
• . NOTARY PUBLIC,., IN AND FOR THE STATE OF WASHINGTON,
RESIDING AT „'```\`P�M"�8���frr
Abu ''n '.
PRINT NAME S�7gR� /rrrs,2 `-
/1.2,617s
MY COMMISSION EXPIRES
A G
of
A 1
EASEMENT PROVISIONS:
1. AN EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO ANY POWER COMPANY, ANY WATER
COMPANY, ANY TELEPHONE COMPANY, ANY GAS COMPANY, ANY CABLE TELEVISION COMPANY, CITY OF
PORT ORCHARD, KITSAP COUNTY, WEST SOUND UTILITY DISTRICT, ANY OTHER PUBLIC OR PRIVATE
UNDERGROUND UTILITY SERVICE (INCLUDING, BUT NOT LIMITED TO, PRIVATE ROOF DRAIN CONNECTIONS),
AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS UNDER AND UPON THE UTILITY EASEMENTS SHOWN
ON THE FACE OF THIS PLAT AND THE FRONT 10 FEET PARALLEL WITH AND ADJOINING THE PUBLIC ROAD
FRONTAGE OF ALL LOTS AND TRACT E IN WHICH TO INSTALL, LAY, CONSTRUCT, RENEW, OPERATE AND
MAINTAIN UNDERGROUND PIPE, STORM DRAIN LINES, CONDUIT, CABLES AND WIRES WITH NECESSARY
FACILITIES AND OTHER EQUIPMENT FOR THE PURPOSE OF SERVING THIS SUBDIVISION AND OTHER
PROPERTY WITH ELECTRIC, TELEPHONE, GAS, STORMWATER AND OTHER UTILITY SERVICES, TOGETHER
WITH THE RIGHT TO ENTER UPON THE LOTS AT ALL TIMES FOR THE PURPOSES HEREIN STATED. A
PERPETUAL EASEMENT IS RESERVED FOR AND GRANTED TO WEST SOUND UTILITY DISTRICT WITH A
RIGHT OF ENTRY AND CONTINUED ACCESS FOR THE CONSTRUCTION, IMPROVEMENT, MAINTENANCE AND
REPAIR OF WATER MAINS, SEWAGE LINES AND OTHER APPURTENANCES OVER, UNDER AND ACROSS THE
PUBLIC ROADS AND UTILITY EASEMENTS SHOWN ON THE FACE OF THIS PLAT. ALL PERMANENT UTILITY
SERVICES SHALL BE PROVIDED BY UNDERGROUND SERVICE EXCLUSIVELY. THESE EASEMENTS ENTERED
UPON FOR THESE PURPOSES SHALL BE RESTORED AS NEAR AS POSSIBLE TO THEIR ORIGINAL CONDITION.
2. IN THE EVENT THE ASSOCIATION FAILS TO MAINTAIN THE COMMON AREAS, INCLUDING BUT NOT LIMITED
TO THE STORM DRAIN FACILITY, IN ACCORDANCE WITH THE STANDARDS SET FORTH ON THE FACE OF THE
FINAL PLAT FOR HORSTMAN HEIGHTS PHASE 2, AND THE PORT ORCHARD MUNICIPAL CODE, THEN THE
CITY OF PORT ORCHARD, AFTER PROVIDING THE ASSOCIATION WITH WRITTEN NOTICE AND TI-IIRTY (30)
DAYS TO CURE THE CONDITION, MAY ENTER THE COMMON AREAS FOR THE PURPOSE OF PERFORMING
THE REQUIRED MAINTENANCE, AND THE ASSOCIATION HEREBY GRANTS THE CITY OF PORT ORCHARD AN
EASEMENT AND RIGHT OF ACCESS FOR THIS LIMITED PURPOSE. THE CITY OF PORT ORCHARD SHALL BE
ENTITLED TO REIMBURSEMENT FROM THE ASSOCIATION AND THE LOT OWNERS FOR ALL COSTS AND
EXPENSES ASSOCIATED WITH SAID MAINTENANCE.
JON
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11--? -a2b lt,�,
ASSESSOR/TREASURER:
I HEREBY CERTIFY THAT, ACCORDING TO THE BOOKS AND RECORDS OF MY OFFICE, ALL TAXES AND DELINQUENT ASSESSMENTS
FOR WHICH THE PROPERTY MAY BE LIABLE AS OF THE DATE OF THIS CERTIFICATION HAVE BEEN DULY PAID, SATISFIED OR
DISCHARGED.
ASSESSOR -TREASURER KITSAP COUNTY, WASHINGTON DATE
CITY TREASURER:
HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF THE CITY OF PORT ORCHARD THERE ARE NO DELINQUENT
ASSEMENTS OR LIENS OUTSTANDING AGAINST THE SUBJECT PROPERTY AS OF THE DATE OF THIS CERTIFICATION.
CITY MAYOR:
I HEREBY CERTIFY THAT ON 2016 THE PORT ORCHARD CITY COUNCIL FOUND THAT THE
FINAL PLAT FOR HORSTMAN HEIGHTS, PHASE 2 CONFORMS TO ALL TERMS OF THE PRELIMINARY PLAT APPROVAL, MEETS THE
REQUIREMENTS OF STATE AND LOCAL LAW, AND THEREFORE APPROVED SAID FINAL PLAT.
MAYOR, CITY OF PORT ORCHARD DATE
CITY ENGINEER
I HEREBY CERTIFY THAT THE LAYOUT OF STREETS AND OTHER RIGHT OF WAY, DESIGN OF STORM DRAINAGE AND OTHER
STRUCTURES IN THIS PLAT HAVE BEEN CONSTRUCTED TO THE CITY OF PORT ORCHARD STANDARDS IN ACCORDANCE WITH THE
REQUIREMENTS OF THE PORT ORCHARD PUBLIC WORKS DEPARTMENT OR THAT A FINANCIAL GUARANTEE IN AN AMOUNT
SUFFICIENT TO COMPLETE THE WORK IS DEPOSITED WITH THE CITY OF PORT ORCHARD,
I FURTHER CERTIFY THAT THIS PLAT IS HEREBY ACCEPTED AND APPROVED. I FURTHER CERTIFY THAT THE CITY OF PORT
ORCHARD, VIA WEST SOUND UTILITY DISTRICT, HAS SUFFICIENT SEWAGE DISPOSAL AND WATER SUPPLY CAPACITY TO SERVE
THE SUBDIVISION AND THAT HORSTMAN HEIGHTS PHASE 2 PLAT HAS BEEN CHECKED AND THAT ALL WORKING DRAWINGS AND
SPECIFICATIONS FOR IMPROVEMENTS HAVE BEEN PREPARED TO CONFORM WITH THE CITY OF PORT ORCHARD STANDARDS
AND REQUIREMENTS AND I THEREFORE RECOMMEND APPROVAL OF THE FINAL PLAT.
1 ul
TE
AUDITOR RECORDING CERTIFICATE:
V
AUDITOR FILED FOR RECORD THIS DAY OF , 20_, AT MINUTES PAST
.M., RECORDS OF THE KITSAP COUNTY AUDITOR, RECORDED UNDER AUDITOR'S FILE NUMBER
KITSAP COUNTY AUDITOR
KITSAP COUNTY AUDITOR FEE: BY:
SURVEYOR'S CERTIFICATE:
I HEREBY CERTIFY THAT THIS PLAT IS BASED UPON AN ACTUAL SURVEY DONE BY ME OR UNDER MY DIRECT SUPERVISION; THAT
THE BEARINGS AND DISTANCES ARE SHOWN CORRECTLY; THAT THE PERIMETER MONUMENTS HAVE BEEN SET AND THAT ALL
OTHER MONUMENTS AND CORNERS HAVE BEEN SET OR BONDED WITH THE COUNTY AND WILL, BE SET PRIOR TO THE RELEASE
OF THE BOND; THAT I COMPLIED WITH ALL STATE AND COUNTY REGULATIONS GOVERNING PLATTING AND THAT IT CONFORMS
TO THE APPROVED PRELIMINARY PLAT AND THE CONDITIONS OF APPROVAL THEREOF.
7 oZc�1
T-OBY JON 6AUER
DATE
PLS NO. 45776
WestSound
Engineering,Inc
217 S.W. Wilkins Drive Poi Orchard Wa. 98366�
Phone (360) 876-3770 Fax (360) 876-0439
E-mail: wse@wsengineering.com I)ttp,//www.wsengineering.com
SHEET 1 OF 4
HORSTMAN HEIGHTS PLAT
PHASE 2
DATE: FIELD BOOK: DRAWN:
Nov. 7, 2016 24-2E #2 TJB
JOB NO: SCALE: CHECKED:
2232 N/A TJB
INDEX:
NE&NW1/4, SW1/4, SEC. 30, T 24N, R 2E, W.M.
WEST 114 CORNER
SEC. 30-24-2E
25 30 FD BULLET CASING
IN CONCRETE
VISITED 812005
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HORSTIVIAN HEIGHTS PLAT PHASE 2
A PORTION OF THE NE 114 AND THE NW 114 OF THE SW 114,
OF SECTION 30, TOWNSHIP 24 NORTH, RANGE 2 EAST, W.M.,
CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON
oo�AL APN APN
08� 5345-000-001-0002 5345-000-084-0002
-------------- HORSTMAN RD — ---
S 89°17'57"E 107.60'
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S 0°56'03" W
35.00'
S 89° 17'57" E 101.00'
APN
5345-000-051-0001
APN
5345-000-050-0002
APN
5345-000-047-0008
1 1 _r
D=5°25'15'" N 88°49'06'" E 130.60' __---J
14 C15 �...._.. C1611 -33 ° APN
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'SETBACK FROM .• x• y w - - w e �V
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245.91 .91 1 113.44
N 89°17'57" W 817.97' ORLANDO ST -
N APN 302402-3-058-2005
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25 30 S89°19'47"E - 241 1.01'
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VISITED 212014
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CALCED PER PLAT CALCED PER PLAT
AFN 9602120063 30 S89°22'16"E - 2635.23' 30 29 AFN 9602120063
-_7
31 31 32SHEET 2 OF 4
HORSTIVIAN HEIGHTS PLAT PHASE 2
Curve Table
Curve #
Length
Radius
24.00
Delta
CI
15.05
35055'09"
C2
65.50
375.00
10'00'30"
C3
38.28
24.00
91 °23'06"
C4 10.96
270.00
2'19'33"
C5 99.56
74.00
77"05'23"
C:R 9974 q9nnl
A,nn,in-
C7
24.48
350.00
C8
- C9
C10
65.93
67.65
265.98
49.00
295.00
984.93
C11
33.45
984.93
C 12
94.70
150.00
C13
C14
C15
230.82
15.39
33.34
200.00
1114.98
1114.98
C16
58.76
1114.98
C17
33.14
1114.98
C18
26.23
375.00
C 19
32.29
24.00
C20
37.26
320.00
C21
C22
36.13
12.91
320.00
1009.93
i C23
45.15
1009.93
C24
45.07
1009.93
- C25
45.01
1009.93
C26
45.03
1009.93
C27
45.14
1009.93
C28
C29
45.35
9.18
1009.93
1009.93
C30
37.12
180.00
C31
51.27
180.00
C32
C33
C34
C35
95.72
98.16
68.16
12.83
180.00
220.00
50,00-
50.00
_C36
11.15
24.00
C37
C38
1.48
51.36
24.00
50.00-
C39
C40
58.84
58.84
50.00
50.00
SURVEYOR'S NOTE
4°00'30"
77"05'23"
13°08'23"
15128'21 "
1 °56'46"
66°07'33"
0°47'27"
1 °42'48"
3'0V1I"
1'42'11"
4°00'30"
77°05'23"
6040' 14"
6°28'09"
0°43'56"
2°33'42"
2°33'26"
2°33'12"
2°33'17"
2'33'40"
2°34'22"
0°31'16"
11'48'56"
16°19'14"
30°28'02"
25°33'51 "
78°06'08"
14°42'21"
26°36'40"
3°31'30"
58°51'34"
67°25'53"
N 87°00'45" E 62.85'
53.19' C14 C15
A PORTION OF THE NE 1/4 AND THE NW 1/4 OF THE SW 1/4,
OF SECTION 30, TOWNSHIP 24 NORTH, RANGE 2 EAST, W.M.,
CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON
N 45°22'24" E - - �` - - _ - _ - - -�
11.87' 53'48" E HORSTMAN RD
19.82'
D=5°25'15" N 88°49'06" E 130.60' D=!33°\
C16
?29
C17 L=68,43, R=723.28 L=107,05 5�„
9.66' 25' 25' R�l83 \\�
9
25.40' uD o0
N 0°53'48" E I SO FT o'//p 53 \\�"5
26.99' 50' - O N
o 4476 \
°
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url�ITv � 26,Q�7
// EASEMENT Cyr \ �,�� /'1 723 / ��� ✓ e' . �"
c� // /� PER AFN \ / r '
201405060135 G3 ` / 3162 / 50
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"N\ / 3148 ; or\• �8-` '� WETLAND AREA ✓'
UTILITY \ -, \ �� 49 6, \"�Q) 4, - a, 4, m EASEMENT NT 718 C'S7 \\ SO FT//�� /1'� �ly
PER ti co 28 \;? 735 `u'Q a w w w
ry/ 5305 b/
FiQRSTMAN G/ SO FT �`� �' \\, ?� 3225 / �� " '<',9. IV 41
HEIGH75 / / ti 724 / CS `� .c /` 4$ orb
PHASE I / Pam.• �A�Fe�' \ SO FT tea, ' 1
3916 0 (i �4 pro `C?� /1`� 741
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SOFT /�� O / , C\ �'C'O�L, \ \�� 3392 / 47 S07 �` ..
58.52' 90 / 730 ! sr9\ '4'O 'ti SO FT /O s i. ,-
83 52 23" W NS S ✓
O� S 3818 /�`� 30.��J \ \ /�°' 747 �` \^".✓' s ` �C4 ��
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6�?., SO FT /q�' / \\ \� / 3650 / Ord \ ".'" ✓' / sp` r� \
Curve Table
Curve #
Length
Radius
Delta
53038'44"
C41
46.82
50.00
C42
22.18
50.00
25°24'46"
C43
26.24
24.00
62"38'45"
C44
17.65
125.00
125,00
959.93
8°05'31"
C45
61.26
28004'51"
C46
55.39
3' 18'22"
C47
57.79
959.93
3°26'59"
C48
C49
45.32
959.93
959.93
2'42'17"
2°43'24"
45.63
-050
45.02
959.93
959.93
2°41'13"
2032'52"
C51
42.69
C52
C53
6.16
270.00
1 ° ll 8'24"
9°30'25"
44.80
270.00
Line Table
Line #
L1
L2
Radial Direction
Radius
180.00
N 30°23'35" E
S 47034'07" W
1009.93
\ �S?\�'�\ \ �/ SO FT�o�� o\
\ Q? % 4119 31�\ \\O� / �� 753 // 5r •\ !� 44 4700 \"-' �
SO FT ��. / ` \ ` . \ / 3753 % 45 '0r6�, , ' SQ FT ,�R �,A � , �'
/ 742 C, \ V �/ SO FT �,�o
N \ srj .� V C29 / �
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CD
\ 4321 /� `�v / 3060 h``� /.h = rs\ CkQ/ o\ o i , o
_: SO FT --0 /_ _ o� _ ° o � � ; rn
`\ N 42°37'37" W \ �� r7 C i \ \ �• /� 31 SQ FT ��q' - -` _ / o �j 43 \
� 748 � , � \ C' \ �-_ _ C3 -- /-- G32 � �\ � k " 4700 i m
\ 14.12'%�l'� \ SO FT
_ / g 4823 l ,�4 \ �6' \ _/ s ;o,, � cA
N 45°58'12" W.... SO FT !� 33 �v �- C13 45_-oa
s�
.76' /.p1 33 opA o �°�
Gam'a
I N 45°58'12" W 2 ��, °� ! \ �, _ _ \ / c�`5UTILITY
6.25, "'"�/g�`� SO FT % �'�N�5125 ��`s\'-', /" ~ `~ - '' S EASEMENT
_. _..
-
t I I y o S 4°5I'll 8" E 6 51- 10' UTILITY
23 r 760 y /_ EASEMENT N o
I- Q \' ��ti 50 FT --r ; S 89°1 T57" F (TYP 6.33 6 051„ W
i U o o oc� 9.45 = - �6 �� ll U ` _- - - 118.49' ---- - g Og„ W 8 5.84,
-_ .... _ _ . 14.50_�9'W I ! cn 1 C35 S 75°' z
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I 15 { o00
{ TRACT D { U SO FT 766 U Z II 777 SO FT -4 NQ 56.16'
U OPEN SPACE I o 119.67' N 89'39'18" W
4 =
{ - S 89'17'57" E m cr + - -_ - - -- --
.,._ 15391 118.55
{ 5Q ET z .P 36 S 5°27'15" E 1 fU11 41 5962 0
"' 4996 6.57'-,� j � N
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t 6 I ? 772 SO FT ��01Z �J -C36 783 cry
_ ..._ o { 93.43' G/ o 116.59'
---------- -- ao
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�? o 0 778 SO FT I U { I 789 SO FT � 4{ - ao
m 90.08, I� N 85°30'03" E I
- - - - 15.00' }� �� - -- 114.74' --- - _ -
67°25'53" o 5784
SO FT `��o ��� �,3 i�� 39 7139
E { 0 784 1 795 SQ FT
57.71' I 136.25' --. - {-�N 0"42'03" E
458.23' 19.19, 165.78'
359.74'
N 89°17'57" W 817,97' ORLANDO ST
SET 5/8" REBAR WITH YELLOW CAP STAMPED "WESTSOUND ENGINEERING
BAUER LS45776" AT ALL LOT CORNERS AND ANGLE POINTS. THERE MAY BE
INSTANCES WHERE A CONCRETE NAIL AND WASHER STAMPED "WESTSOUND
ENGINEERING BAUER LS45776" ARE SET AT REAR CORNERS OR ANGLE POINTS
WHEN AN OBSTACLE PREVENTS THE SETTING OF REBAR AND CAP.
LEGEND
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WestSound
Engineering, Inc
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21.7 S.W. Wilkins Drive
Phone (360) 876-3770
E-mail: wse@wsengineering.com
Port Orchard, Wa. 98366
Fax (360) 876-0439
htLp://www.wsengineet-ing.com
SHEET 3 OF 4
HORSTMAN HEIGHTS PLAT
PHASE 2
DATE: FIELD BOOK: DRAWN:
Nov. 9, 2016 24-2E #2 TJB
JOB NO: SCALE: CHECKED:
2232 1" = 50' TJB
INDEX:
NE&NW1/4, SW1/4, SEC. 30, T 24N, R 2E, W.M,
HORSTMAN HEIGHTS PLAT PHASE 2
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A PORTION OF THE NE 1/4 AND THE NW 1/4 OF THE SW 1/4,
OF SECTION 30, TOWNSHIP 24 NORTH, RANGE 2 EAST, W.M.,
CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON
LEGAL DESCRIPTION NOTES:
TRACT D, HORSTMAN HEIGHTS PHASE 1, ACCORDING TO PLAT RECORDED IN VOLUME 33 OF
PLATS, PAGES 222 THROUGH 225, INCLUSIVE, IN KITSAI' GOUNTY, WASHINGTON. 1. TRACT "D" IS HEREBY CONVEYED TO THE HORSTMAN HEIGHTS HOMEOWNERS
ASSOCIATION AS OPEN SPACE. THE HORSTMAN HEIGHTS I IOMEOWNERS ASSOCIATION
1S RESPONSIBLE FOR THE MAINTENANCE OF TRACT "D"_
2. TRACT "E" IS HEREBY CONVEYED TO THE HORSTMAN HEIGHTS HOMEOWNERS
ASSOCIATION AS OPEN SPACE. THE HORSTMAN HEIGHTS HOMEOWNERS ASSOCIATION
IS RESPONSIBLE FOR THE MAINTENANCE OF TRACT "E".
3. ALL LOT OWNERS WITHIN THE PLAT OF HORSTMAN HEIGHTS PHASE 1 AND HORSTMAN
HEIGHTS PHASE 2 ARE HEREBY GRANTED AN UNDIVIDED INTEREST IN TRACTS "D" AND
„E„
4. SETBACKS ON THE FACE OF THE PLAT DEPICT THE MINIMUM SETBACK REQUIRED.
ADDITIONAL SETBACKS MAY BE REQUIRED FROM ANY CRITICAL AREAS ON THE SITE
INCLUDING WETLANDS AND/OR STEEP SLOPES.
5. ROOF DRAINAGE FROM EACH LOT SHALL BE RETAINED ON SITE. THE DRAINAGE PLAN
MUST BE SUBMITTED TO AND ACCEPTED BY THE CITY OF PORT ORCHARD BUILDING
DEPARTMENT AT THE TIME OF BUILDING PERMIT APPLICATION. MAINTENANCE OF
ROOF DRAINS AND APPURTENANCES SHALL BE THE RESPONSIBILITY OF THE INDIVIDUAL
HOMEOWNERS.
6. NO OWNER OR OCCUPANT MAY OBSTRUCTOR RECHANNEL THE DRAINAGE FLOWS
AFTER LOCATION AND INSTALLATION OF DRAINAGE SWALES, STORM SEWERS OR
STORM DRAINS. ANY ALTERATION OF THE WATER FLOW SHALL BE COMPLETED ONLY
AFTER APPROVAL BY THE CITY OF PORT ORCHARD PUBLIC WORKS.
7, THE INDIVIDUAL LOT ROOF AND DRAINAGE SYSTEMS AND ASSOCIATED COLLECTION
SYSTEMS ARE PRIVATE AND SHALL BE MAINTAINED BY THE INDIVIDUAL PROPERTY
OWNERS OR THE HOMFOWNFRS ASSOCIATION.
8. THE SURVEYOR HAS SET ALL CORNER PINS ON EACH BUILDABLE LOT PRIOR TO
RECORDING THE FINAL PLAT FOR HORSTMAN HEIGHTS PHASE 2. ANY DISTURBANCE TO
SUCH PINS BEFORF FINAL INSPECTION SHALL BE CAUSE FOR WITHHOLDING INSPECTION
APPROVAL.
10. THERE SHALL BE NO VEHICULAR ACCESS TO OR FROM ORLANDO STREET FROM THOSE
LOTS WHICH ABUT IT (LOTS 38 AND 39).
11. THE ASSOCIATION SHALL PREPARE A MAINTENANCE AND OPERATIONS MANUAL FOR
THE STORM DRAIN FACILITIES LOCATED ON THE PROPERTY AND THE MANUAL SHALL BE
ON FILE WITH THE CITY OF PORT ORCHARD.
12, THE HOMEOWNERS ASSOCIATION SHALL BE RESPONSIBLE FOR KEEPING ON FILE WITH
THE CITY OF PORT ORCHARD AN UP TO DATE AND COMPREHENSIVE MAINTENANCE
AND OPERATIONS MANUAL COVERING ALL STORM DRAIN FACILITIES LOCATED ON THE
PROPERTY.
13. THE HOMEOWNERS ASSOCIATION SHALL BE RESPONSIBLE FOR THE CONSTRUCTION,
MAINTENANCE AND REPAIR OF ALL STORM DRAIN FACILITIES LOCATED ON TRACT B AS
LOCATED IN HORSTMAN HEIGHTS PHASE I AS RECORDED UNDER AFN 201409120048.
ALL STORM DRAIN FACILITIES SHALL BE CONSTRUCTED, MAINTAINED AND REPAIRED
CONSISTENT WITH AND SUBJECT TO THE PORT ORCHARD MUNICIPAL CODE, INCLUDING
BUT NOT LIMITED TO CHAPTER 15.32 (STORMWATER MANAGEMENT), AS NOW STATED
OR HEREAFTER AMENDED AS WELL AS THE PROJECT'S MAINTENANCE AND OPERATIONS
MANUAL, WHICHEVER IS MORE STRINGENT.
14. ARTICLE 10.6 (CREATION OF LIEN IN FAVOR OF CITY OF PORT ORCHARD FOR
REIMBURSEMENT OF MAINTENANCE EXPENSE) AS SET FORTH IN THE DECLARATION OF
COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND RESERVATIONS OF
HORSTMAN HEIGHTS PHASE 2, SHALL NOT BE REVISED OR AMENDED WITHOUT THE
EXPRESS WRITTEN APPROVAL OF THE CITY OF PORT ORCHARD.
15. LOTS 44-54 BORDER A CRITICAL WETLAND BUFFER. NO BUILDING, GRADING, CLEARING,
OR FILLING CAN TAKE PLACE WITHIN ANY NATURAL BUFFER AREA. BUFFERS ARE
MARKED WITH A SPLIT -RAIL FENCE AND WETLAND SIGNS.
1.6, THE 1ST AMENDMFNT TO HORSTMAN HEIGHTS DECLARATION OF COVENANTS,
CONDITIONS, RESTRICTIONS, EASEMENTS AND RESERVATIONS ARE RECORDED UNDER
AUDITOR'S FILE NUMBER
17. THE SUBDIVISION GUARANTEE PREPARED BY OLD REPUBLIC NATIONAL TITLE
INSURANCE COMPANY, THEIR ORDER NO. 32155978, DATED MAY 18, 2016 AND ALL
SUPPLEMENTS THEREOF WERE RELIED UPON FOR THE RECORD ITEMS AFFECTING THIS
SUBDIVISION. ACCORDING TO THESE DOCUMENTS, THE FOLLOWING ITEMS AFFECT THIS
SITE:
A) ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS OR OTHER
SERVITUDES, IF ANY, DISCLOSED BY THE RECORDED PLAT OF HORTSMAN HEIGHTS
PHASE 1.
B) EASEMENT PROVISIONS AND NOTES CONTAINED ON THE FACE OF THE PLAT.
C) EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
GRANTEE: PUGET SOUND ENERGY, INC.
PURPOSE: ONE OR MORE UTILITY SYSTEMS FOR PURPOSES OF TRANSMISSION,
DISTRIBUTION AND SALE OF GAS AND ELECTRICITY
AFFECTS: REFER TO SAID INSTRUMENT FOR THE EXACT LOCATION
RECORDED: DECEMBER 19, 2013
RECORDING NO.: 201312190167
D) RESTRICTIONS, EASEMENTS AND LIABILITY TO ASSESSMENTS CONTAINED IN
DECLARATION OF PROTECTIVE RESTRICTIONS, EASEMENTS AND ASSESSMENTS:
RECORDED: SEPTEMBER 12, 2014
AFN: 201409120049
E) AGREEMENT AND THE TERMS AND CONDITIONS THEREOF:
BY AND BETWEEN: S AND G DEVELOPING, LLC AND WEST SOUND UTILITY DISTRICT
RECORDED: MAY 6, 2014
RECORDING NO.: 201405060135
REGARDING: EASEMENT AGREEMENT FOR UTILITY TRANSMISSION LINES
F) RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON SAID PREMISES
FOR PUBLIC ROAD AS GRANTED BY DEED RECORDED UNDER RECORDING NO. 862225
G) WAIVER AND RELINQUISHMENT OF ALL CLAIMS OF DAMAGE CAUSED OR
ARISING BY REASON OF THE LAYING OUT, ESTABLISHMENT AND MAINTENANCE OF A
PUBLIC ROAD AS PROVIDED BY INSTRUMENT RECORDED UNDER RECORDING NO.
862225.
18. A NO PROTEST AGREEMENT AND COVENANT RUNNING WITH THE LAND HAS BEEN
RECORDED UNDER AUDITOR'S FILE NUMBER FOR
FUTURE IMPROVEMENTS TO HORSTMAN ROAD.
19. A STREET VARIANCE HAS BEEN GRANTED FOR THE STEEP STREET GRADE OF FREEDOM
COURT SE. FREEDOM COURT SE IS A STEEP GRADE AND MAY BE INHIBITED DURING
PERIODS OF INCLEMENT WEATHER SUCH THAT THE STREET MAY BE CLOSED DUE TO
WEATHER CONDITIONS. THE CITY OF PORT ORCHARD DISCLAIMS ANY LIABILITY DUE TO
EXCESS GRADE.
20. NO FERTILIZERS OR PESTICIDES SHALL BE APPLIED IN OR NEAR ANY NATURAL BUFFER
FOR WETLANDS OR SEASONAL STREAMS ON THE PLAT.
21. A NOTICE TO TITLE IS RECORDED UNDER AUDITOR'S FILE NUMBER TO
IDENTIFY CRITICAL AREAS LOCATED ON THIS PLAT, TRACT E CONTAINS WETLANDS AND
ASSOCIATED BUFFER, AND STEEP SLOPES. LOTS 39 THROUGH 54 AND TRACT D CONTAIN
STEEP SLOPES.
SHEET 4 OF 4