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018-12 - Ordinance - Annexation of TerritoryPORT ORCHARD CITY OF 201210110180 Ordinance Rec Fee: $ 76.00 10/11/2012 03:13 PM Page: 1 of 5 Walter Washington, Kitsap Co Auditor After Recording Return to: 1111111 III 1111111111 HE 11111111 City Clerk City of Port Orchard PORT ORCHARD CITY OF Prospect Street 201210110140 216 Pros P Ordinance Rec Fee: $ 75.00 Port Orchard, WA98g66 Walter2Washing0ton, Kitsap Co Auditor Page: 1 of 4 11111111111111111111111111111111111 IN 111111111111111111111111111111111111111111111111 -* IQ-recor4 An ,ad easf to ml e . Introduced by: Development Director Requested by: Development Director Drafted by: Development Director Introduced: October 9, 2012 Adopted: October 9, 2012 ORDINANCE NO. 018-12 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON RELATING TO AND PROVIDING FOR THE ANNEXATION OF TERRITORY TO THE CITY OF PORT ORCHARD. THE PROPERTY IS LOCATED IN NE 1/4 OF the NE 1/4 of SECTION 7, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., and the NW 1/4 of the NW 1/4 of SECTION 8, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M. IN KITSAP COUNTY, WASHINGTON ASSESSORS ACCOUNT NUMBER: 072301-1-oo6-2003, o82301-2-001- 2005, 052301-1-031-2004, AND 052301-2-012-2005 WHEREAS, the City of Port Orchard is the owner of record for the following described property: Assessors Account Number: 072301-1-oo6-2003 RESULTANT PARCEL B OF BOUNDARY LINE ADJUSTMENT RECORDED UNDERAUDTTOR'S FILE NO.3031737; PARCEL I> THE SOUTH HALF OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON. PARCEL II> THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 8; THENCE S1*55'45 W, ALONG THE WEST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 330.14 FEET TO THE SOUTHWEST CORNER OF THE NORTH 330.13 FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 8 AND THE TRUE POINT OF BEGINNING; THENCE CONTINUIING S1*55'45 W ALONG THE WEST LINE OF THE NORTHWEST QURTER OF SAID SECTION 8, A DISTANCE OF 412.36 FEET TO THE NORTHWESTERLY RIGHT-OFWAY MARGIN OF OLD CLIFTON ROAD; THENCE N42*51'37 E, ALONG SAID RIGHTOF- WAY MARGIN, A DISTANCE OF 3o6.2o FEET; THENCE N47*08'23 W A DISTANCE OF 140.10 FEET TO THE BEGINNING OF A 95.00 FOOT RADIUS CURVE TO THE RIGHT; THENCE NORTHWESTERLY (CLOCKWISE) ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 49*04'o8 E, AN ARC DISTANCE OF 81.36 FEET; THENCE N1*55'45 E A DISTANCE OF 18.02 FEET TO THE SOUTH LINE OF THE NORTH 330.13 FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 8; THENCE N88*34'43 W, ALONG SAID SOUTH LINE, A DISTANCE OF 62.00 FEET TO THE TRUE POINT OF BEGINNING; SUBJECT TO A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS AND UTILITIES PURPOSES OVER, UNDER, ACROSS AND THROUGH A STRIP OF LAND 35.o FEET IN WIDTH, THE SOUTHWESTERLY AND WESTERLY LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHWEST AUDITOR'S NOTE LEGIBILITY FOR RECORDING AND COPYING UNSATISFACTORY IN A PORTION OF THIS INSTRUMENT WHEN RECEIVED. Ordinance No. o18-12 Page 2 of ti QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 8; THENCE S1*55'45 W, ALONG THE WEST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 742.5o FEET TO THE NORTHWESTERLY RIGHT-OF-WAY MARGIN OF OLD CLIFTON ROAD; THENCE N42*51'87 E, ALONG SAID RIGHT-OF-WAY MARGIN, A DISTANCE OF 3o6.2o FEET TO THE TRUE POINT OF BEGINNING OF SAID DESCRIBED LINE; THENCE N47*o8'23 W A DISTANCE OF 140.io FEET TO THE BEGINNING OF A 95.00 FOOT RADIUS CURVE TO THE RIGHT; THENCE NORTHWESTERLY (CLOCKWISE) ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 49*04'o8 E, AN ARC DISTANCE OF 81.36 FEET; THENCE N1*55'45 E A DISTANCE OF 18.02 FEET TO THE SOUTH LINE OF THE NORTH 330.13 FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 8 AND THE TERMINUS OF SAID DESCRIBED LINE; THE NORTHEASTERLY AND EASTERLY LINE OF SAID STRIP SHALL BE PROLONGED OF SHORTENED, AS THE CASE MAY REQUIRE, TO INTERSECT THE NORTHWESTERLY RIGHT-OF- WAY MARGIN OF OLD CLIFTON ROAD AND TO TERMINATE AT THE SOUTH LINE OF THE NORTH 330.13 FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 8, and; Assessors Account Number: o82301-2-001-2005 RESULTANT PARCEL A OF BOUNDARY LINE ADJUSTMENT RECORDED UNDERAUDITOR'S FILE NO.3031737; THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON, LYING NORTHWESTERLY OF FIEGLEY ROAD SW AND OLD CLIFTON ROAD SW (COUNTY ROAD NO.234) AND LYING NORTHWESTERLY OF OLD CLIFTON ROAD SW (ALDER ROAD); EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 8; THENCE S1*55'45 W, ALONG THE WEST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 330.14 FEET TO THE SOUTHWEST CORNER OF THE NORTH 330.14 FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 8 AND THE TRUE POINT OF BEGINNING; THENCE CONTINUIING S1*55'45 W ALONG THE WEST LINE OF THE NORTHWEST QURTER OF SAID SECTION 8, A DISTANCE OF 412.36 FEET TO THE NORTHWESTERLY RIGHT-OF-WAY MARGIN OF OLD CLIFTON ROAD; THENCE N42*51'37 E, ALONG SAID RIGHT-OF-WAY MARGIN, A DISTANCE OF 3o6.2o FEET; THENCE N47*o8'23 W A DISTANCE OF 140.10 FEET TO THE BEGINNING OF A 95.00 FOOT RADIUS CURVE TO THE RIGHT; THENCE NORTHWESTERLY (CLOCKWISE) ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 49*04'o8 E, AN ARC DISTANCE OF 81.36 FEET; THENCE N1*55'45 E A DISTANCE OF 18.02 FEET TO THE SOUTH LINE OF THE NORTH 330.13 FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 8; THENCE N88*34'43 W, ALONG SAID SOUTH LINE, A DISTANCE OF 62.00 FEET TO THE TRUE POINT OF BEGINNING; SUBJECT TO A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS AND UTILITIES PURPOSES OVER, UNDER, ACROSS AND THROUGH A STRIP OF LAND 35.o FEET IN WIDTH, THE SOUTHWESTERLY AND WESTERLY LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 8; THENCE S1*55'45 W, ALONG THE WEST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 742.5o FEET TO THE NORTHWESTERLY RIGHT-OF-WAY MARGIN OF OLD CLIFTON ROAD; THENCE N42*51'37 E, ALONG SAID RIGHT-OF-WAY MARGIN, A DISTANCE OF 3o6.2o FEET TO THE TRUE POINT OF BEGINNING OF SAID DESCRIBED LINE; THENCE N47*o8'23 W A DISTANCE OF 140.io FEET TO THE BEGINNING OF A 95.00 FOOT RADIUS CURVE TO THE RIGHT; THENCE NORTHWESTERLY (CLOCKWISE) ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 49*04'08 E, AN ARC DISTANCE OF 81.36 FEET; THENCE N1*55'45 E A DISTANCE OF 18.02 FEET TO THE SOUTH LINE OF THE NORTH 330.13 FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 8 AND THE TERMINUS OF SAID DESCRIBED LINE; THE NORTHEASTERLY AND EASTERLY LINE OF SAID STRIP SHALL BE PROLONGED OF SHORTENED, AS THE CASE MAY REQUIRE, TO INTERSECT THE NORTHWESTERLY RIGHT-OF-WAY MARGIN OF OLD CLIFTON ROAD AND TO TERMINATE AT THE SOUTH LINE OF THE NORTH 330.13 FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 8. Assessors Account Number: 052301-1-031-2004 RESULTANT PARCEL A OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO.200403180176, RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 5; THENCE SOUTH 88*07'10" EAST ALONG THE SOUTH LINE THEREOF A DISTANCE OF 235.38 FEET; THENCE NORTH 37*12'49" EAST 85.15 FEET; THENCE NORTH 7*10'23" EAST 1122.54 FEET; THENCE NORTH 29*o6'05" EAST 59.17 FEET; THENCE NORTH 13*27'19" EAST 71.00 FEET; THENCE NORTH 45*05'37" EAST 81.37 FEET; THENCE NORTH 22*47'14" EAST 151.28 FEET; THENCE NORTH 43*48'21" EAST loo.6o FEET; THENCE NORTH 7*35'01" EAST 185.63 FEET; THENCE NORTH 34*14'26" EAST 93.90 FEET; THENCE NORTH 10*37'00" WEST 171.92 FEET; THENCE NORTH 41*44'28" WEST 80.26 FEET; THENCE NORTH 69*18'oo" WEST 71.94 FEET; THENCE NORTH 52*11?32? WEST 180.92 FEET; THENCE NORTH 59*36'34" WEST 121.79 FEET; THENCE NORTH 37*34'53" WEST 97.66 FEET TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID Ordinance No. o18-12 Page 3 of 5 SECTION 5; THENCE NORTH 88*17'16" WEST ALONG SAID NORTH LINE A DISTANCE OF 80.og FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 5; THENCE SOUTH 2*58'52" WEST ALONG THE WEST LINE THEREOF A DISTANCE OF 1332.07 FEET TO THE POINT OF BEGINNING. Assessors Account Number: 052301-2-012-2005 LOT 8 PER SURVEY RECORDED UNDER AUDITOR'S FILE NO.830204oio3, IN VOLUME 18 OF SURVEYS, PAGE 221, RECORDS OF KITSAP COUNTY, WASHINGTON; BEING A PORTION OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 23 NORTH; RANGE 1 EAST, W.M., EXCEPT ROADS.>>SUBJECTTO AN EASEMENT AS RECORDED IN VOLUME 117 OF DEEDS, PAGE 118, UNDERAUDITOR FILE NO.98881, RECORDS OF KITSAP COUNTY, WASHINGTON. WHEREAS, the properties are contiguous to City boundaries; and WHEREAS, RCW 35.13.180 provides for annexation of property for municipal purposes; and WHEREAS, this property is to be used for water reservoir or stormwater purposes; and WHEREAS, the proposed annexation areas is currently designated Public Facility in the Kitsap County Comprehensive Plan along with an Park zoning designation; and WHEREAS, the proposed annexation areas are proposed for an interim designation of Public and Community Space on the City of Port Orchard Comprehensive Plan Map, and designated an interim zoning of Community Facilities on the City of Port Orchard Zoning Map; and WHEREAS, the City Council has been fully advised and finds that all statutory requirements have been satisfied in order to accomplish the proposed annexation; now therefore THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON DO ORDAIN AS FOLLOWS: SECTION i. The unincorporated real property located in Kitsap County, Washington, contiguous to the City of Port Orchard and legally described and. geographically depicted in Exhibit "A" attached hereto and incorporated herein by this reference, is hereby annexed to and made part of the City of Port Orchard, Kitsap County, Washington. SECTION 2. All property within the territory annexed shall be assessed and taxed at the same rate and on the same basis as other property within the City of Port Orchard, including assessments or taxes in payment of all or any portion of the outstanding indebtedness of the City contracted for, incurred prior to, or existing on, the date of annexation. Ordinance No. o18-12 Page 4 of 5 SECTION 3. The territory annexed is hereby designated an interim designation of Public and Community Space on the City of Port Orchard Comprehensive Plan Map, and designated an interim zoning of Community Facilities on the City of Port Orchard Zoning Map. SECTION 4. The City Clerk is hereby directed to file a certified copy of this Ordinance with the Kitsap County Board of Commissioners. The Clerk is further directed to file a certificate of annexation with the State Office of Financial Management as directed by RCW 35.13.26o, and to provide such other notice of this annexation as required by law. SECTION ti. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. SECTION 6. Effective date of Annexation. This Ordinance shall be in full force and effect five (5) days after posting and publication as required by law. A summary of this Ordinance may be published in lieu of the entire Ordinance, as authorized by State law. 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 October 2012. ATTEST: ,, j, Brandy Rinearson, CMC, City Clerk APPROVED AS TO FORM: -•tP .VAttorney % � ,, &-,, /-; �' v � ! � �"- - - �"- Timothy C. Matthes, Mayor Sponsored by: ohn Clauson, Councilmember —Delia Lry' \ � SW Raim 4F r,I I -fir-- \breve sWi 4— L_ i i I � lei M a _ ti L7�7� c _ y de ! —JAI 4 a tt e39g33aID 99) C v O Cam'± C ro3 so A� 1/ 0 91 J 0- I li— -- 4S� l n — asa�r j i rr { 1 i NOTICE OF CITY OF PORT ORCHARD ORDINANCE The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council meeting held October 9, 2012. ORDINANCE NO. 018-12 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON RELATING TO AND PROVIDING FOR THE ANNEXATION OF TERRITORY TO THE CITY OF PORT ORCHARD. Copies of Ordinance No. 018-12 are available for review at the office of the City Clerk of the City of Port Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any interested person without charge. Thirty days after publication, copies of Ordinance No. 018-12 will be provided at a nominal charge. City of Port Orchard Brandy Rinearson City Clerk Publish: Port Orchard Independent October 19, 2012