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038-07 - Ordinance - Tallman AnnexationCity of Port Orchard 216 Prospect Street Port Orchard, WA 98366 PORT ORCHARD CITY OF 200801110083 ordinance Rec Fee $ 53.00 page 1 of 12 01/11/2008 12.36 PM Karen Flynn, Kitsap Cc Auditor 11111111111 IIIIII 1111111111111111111111111111111I It 111111111111111113 111111 EII III ORDINANCE NO.038-07 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, ANNEXING CERTAIN REAL PROPERTY TO THE CITY, REQUIRING THE ANNEXED PROPERTY TO BE ASSESSED AND TAXED AT THE SAME RATE AND BASIS AS OTHER PROPERTY WITHIN THE CITY, AND ESTABLISHING A COMPREHENSIVE PLAN DESIGNATION FOR THE PROPERTY. WHICH IS LOCATED IN THE NE 1/4 OF THE NE 1/4 OF SEC. 10 AND THE NW 1/4 OF THE NW 1/4 OF SEC. 11, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON ASSESSORS ACCOUNT NUMBERS: 102301-1-007-2007; 112301-2-003- 2008; 112301-2-006-2005; 112301-2-007-2004; 112301-2-008-2003; and 112301-2-009-2002. WHEREAS, The City Council was notified in writing by the owners of not less than 75% in value of the real property legally described and geographically depicted in Exhibit "A" attached hereto, of the owner's intention to commence annexation proceedings; and WHEREAS, a meeting was held on the 291" day of May, 2007, between the initiating party of this annexation and the Council of the City of Port Orchard, at which time the Council accepted the notice of intention to commence annexation proceedings and authorized the circulation of an annexation petition for annexation of the real property legally described and geographically depicted in Exhibit "A" attached hereto. At the meeting the Council also determined that it would require the simultaneous adoption of comprehensive plan, and the assumption of city indebtedness by the area to be annexed upon annexation; and WHEREAS, the petition was circulated, filed with the City Council in July 2007, and certified by the County Assessor as containing the signatures of owners as set forth in RCW 35.21.005, of 100% in value, according to the assessed valuation for general taxation, of the property to be annexed; and Ordinance No. 038-07 Page 2 of 12 WHEREAS, the City properly filed a Notice of Intention and related documents with the Kitsap County Boundary Review Board, and the proposed action was deemed approved by the Board on November 4, 2007; and WHEREAS, the proposed annexation area is currently designated Urban High Intensity Commercial/Mixed Use in the Kitsap County Comprehensive Plan with Highway Tourist/Commercial zoning. The most similarly corresponding designation in the Port Orchard Comprehensive Plan is Commercial/Greenbelt; and WHEREAS, pursuant to RCW 35.13.140, a public hearing was held on November 13, 2007, which hearing was duly noticed by the City Clerk through publication in a newspaper of general circulation in the City and the proposed annexation area, and through posting of a hearing notice in three public places within the territory proposed for annexation, specifying the time and place of the hearing and inviting interested persons to appear and voice approval or disapproval of the annexation; 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; and WHEREAS, because of uncertainty regarding the application of the vesting doctrine to applications for annexation, the City Council requires the applicant to execute, and the applicant has executed, a Release and indemnification Agreement in the form attached hereto as Exhibit "B;" now, therefore THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. 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. As provided in the annexation petition, 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. Section 3. As provided in section VI-4 of the City of Port Orchard Comprehensive Plan, the territory annexed is hereby designated Commercial/Greenbelt on the City Of Port Orchard Comprehensive Plan Map, which is the most similarly corresponding designation to Kitsap County's Comprehensive Plan designation, Zoning for all properties within the territory PORT ORCHARD CITY OF 200801110083 Ordinance Roo Fee: $ 58.00 01/11/2008 12:36 PM Page: 2 of 12 Karen Flynn, Kitsap Go Auditor 1111111111111111111111111111111111III1111111111111111111111111111111111111111111111111111111 Ordinance No. 038-07 Wage 3 of 12 annexed shall be determined by site plan specific rezone pursuant to Part 2, Section 11(f) of the City of Port Orchard Planning and Development Procedures when a development proposal for such property is formally submitted. No land use applications shall be accepted by the City for any property within the annexation area until zoning for such property is determined through the site plan specific rezone process. 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 35.13.260, and to provide such other notice of this annexation as required by law. Section S. 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 13th day of November, 2007. ATTEST: -L� tke-c" Michelle Merlino, City Clerk -A78�" Assistant Ci om Kim Abel, MAYOR Sponsored by; Robert Geiger, Councilmember PORT ORCHARD CITY OF 200801110083 Ordinance Rec Fee. $ 63,00 01/11/2008 12 36 Pik Page: 3 of 12 Karen Flynn, Kitsap Co Auditor 1 I11I1I1 II 19111 II1111I1I IT1 IIII 1I1III1 I1141 IN 1111 I1II1 Ell II111111111111141III 11 pac3f ATTACHMENT" A " LEGAL DESCRIPTIONS FOR SOUTH SIDNEY ANNEXATION PARCEL 1 - 102301--ao7-2007 �� ; r , VED Jim And Diana Tallman, LLC pp (, SITUS ADDRESS: No address assigned yet. 17 o� PARCEL SIZE: 2.85 Acres��;�� ASSESSED VALUATION: $51,850 (2007) LEGAL DESCRIPTION: THE EAST 10 ACRES OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 01 EAST, W.M., KITSAP COUNTY, WASHINGTON; EXCEPT THE NORTH 40 RODS; EXCEPT THAT PORTION LYING WITHIN THE SOUTH 2 ACRES; AND TOGETHER WITH THE EAST 30 FEET THEREOF FOR ROAD PER AUDITOR'S FILE NO. 9301200159 PARCEL 2 - 112301-2-003-2008 Jim and Dian Tallman P.O. Box 492 Gig Harbor, Washington 98335 SITUS ADDRESS: PARCEL SIZE: 7.33 Acres ASSESSED VALUATION: $98,380 (2007) LEGAL DESCRIPTION: THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, SECTION 11, TOWNSHIP 23 NORTH, RANGE 01 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 TEN FEET WEST OF THE CENTERLINE OF THE PRESENT COURSE OF BLACK JACK CREEK; AND EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON UNDER AUDITOR'S FILE NO. I IS 3 269; AND TOGETHER WITH THAT PORTION OF SW HOVDE ROAD ABUTTING THE ABOVE DESCRIBED PARCEL. Ordinance Ro.. 038-07 PORT ORCHARD CITY OF 200801110083 Page 4. of 12 Drdinance Rec Fee: $ 53.00 Page: 4 of 12 01111d2008 12:36 PM Karen 1'1y n, Kit8ap Co Auditor 11111111 III 11111111111111111l1I1111I 1111111 I1111I 11111111 I111111111111111111111111 HE 1111 IN Fag 2 PARCEL 3 - 112301-2-006-2005 Jim And Dian Tattman, LLC P.O. Box 492 Gig Harbor, Washington 98335 SITUS ADDRESS: 4977 Sidney Road SW PARCEL SIZE: 6.06 Acres ASSESSED VALUATION: $ 94,670 (2007) LEGAL DESCRIPTION: THAT PORTION OF THE SOUTH TEN (10) ACRES OF THE NORTH FIFTEEN (15) ACRES OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 23 NORTH, RANGE 01 EAST, W.M., LYING SOUTH OF THE COUNTY ROAD; EXCEPT THE SOUTH 190 FEET OF THE WEST 180 FEET AND EXCEPT SIDNEY ROAD ON THE WEST LINE; EXCEPT THAT PORTION OF THE FOLLOWING RIGHT-OF-WAY PER AUDITOR FILE NO. 9205220166 DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 11; THENCE ON A BEARING OF NORTH ALONG THE WEST LINE THEREOF 1,845.61 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ON A BEARING OF NORTH ALONG SAID LINE 517.47 FEET TO THE CENTERLINE OF HOVDE ROAD (COUNTY ROAD NO. 46); THENCE SOUTH 36*41'40" EAST ALONG SAID CENTERLINE 100.89 FEET; THENCE SOUTH 40*02'44" EAST CONTINUING ALONG SAID CENTERLINE 92.40 FEET; THENCE SOUTH 49*57' 16" WEST 20.00 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST WHOSE RADIUS POINT BEARS SOUTH 49*57' 16" WEST 45.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 70.69 FEET THROUGH A CENTRAL ANGLE OF 90*00'00" TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 30.91 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE AN ARC DISTIANCE OF 26.95 FEET THROUGH A CENTRAL ANGLE OF 49*57' 16"; THENCE ON A BEARING OF SOUTH 334.06 FEET TO THE NORTH LINE OF THE SOUTH 190 FEET OF SAID SOUTH 10 ACRES; THENCE SOUTH 88*35'08 WEST ALONG SAID NORTH LINE 30.01 FEET TO THE TRUE POINT OF BEGINNING; AND TOGETHER WITH SW HOVDE ROAD WITHIN THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 23 NORTH, RANGE 01 EAST, AND Ordinance No. 03847 Page 5 of 12 PORT ORCHARD CITY OF 200801110083 Ordinance Roo Fee $ 53.00 01/11/2008 12:36 PM Page: 5 of 12 Karen Flynn, Kitsap Cc Auditor 1 IIIII 111111111 El 1111113111111111111111111111111111111111111111111111II illll � [ 11I1 IIII Wage 3 TOGETHER WITH THAT PORTION OF TAX PARCEL 112301-2-029-2008 LYING SOUTH OF SW HOVDE ROAD; SAID TAX PARCEL BEING DESCRIBED AS FOLLOWS: LOT C SHORT PLAT NO. PO-74 RECORDED UNDER AUDITOR'S FILE NO. 9212310158 (S-1066). A PORTION OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON; MORE PARTICULARY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 11, MONUMENTED WITH A BRASS NAIL IN CONCRETE; THENCE S88*56'47 E, 659.07 FEET ALONG THE NORTH BOUNDARY OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 11, TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 11 MONUMENTE❑ WITH AN IRON PIPE 3/4 INCHES IN DIAMETER WITH A PLASTIC CAP MARKED 9398 ; THENCE S2*23'31 W AND LEAVING SAID NORTH BOUNDARY 412.13 FEET ALONG THE WEST BOUNDARY OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER TO A REBAR 5/8 INCHES IN DIAMENTER WITH A PLASTIC CAP MARKED 10238 THE POINT OF BEGINNING; THENCE CONTINUING S2*23'31 W 249.81 FEET ALONG SAID WEST BOUNDARY TO THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE S88*58'08 E 189.39 FEET ALONG THE SOUTH BOUNDARY OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER TO A REBAR 5/8 INCHES IN DIAMETER WITH A PLASTIC CAP MARKED 10238 ; THENCE N58*58'45 W AND LEAVING SAID SOUTH BOUNDARY TO A REBAR 5/8 INCES IN DIAMETER WITH A PLATIC CAP MARKED 10238 ; THENCE N7*57'00 E 50.68 FEET TO A REBAR 5/8 INCHES IN DIAMETER WITH A PLASTICE CAP MARKED 10238 ; THENCE N3*30'02 E 128.1.9 FEET TO A REBAR 5/8 INCHES 1N DIAMETER WITH A PLASTIC CAP MARKED 10238 ; THENCE N88*56'47 W 71.50 FEET TO THE POINT OF BEGINNING; EXCEPT HOVDE CO. ROAD; SUJBECT TO EASEMENTS OF RECORD. PARCEL 4 - 112301-2-007-2004 Jim And Dian Tallman, LLC P.O. Box 492 Gig Harbor, Washington 98335 SITUS ADDRESS: 4983 Sidney Road SW PARCEL SIZE: 0.65 Acres ASSESSED VALUATION: $121,550 (2007) Ordinance No. 038--07 Page 6 of 12 PORT ORCHARD CITY OF 200801110083 Ordinance Rec Fee: $ $3.00 0 111112C08 12:36 PM Page: 6 of 12 Karen Flynn, Kitsap Cc Auditor 11111111 11 1111111 111t 1111111 11P11 111111 IN 111 111 E1111 111Illy 11111111111111111 Image 4 LEGAL DESCRIPTION: 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 01 EAST, W.M., KITSAP COUNTY WASHINGTON; TOGETHER WITH THE EAST THIRTY (30) FEET OF THE RIGHT-OF-WAY OF SIDNEY ROAD PARCEL 5 - 112301-2-008-2003 James And Dian Tallman, LLC P . 0. Box 492 Gig Harbor, Washington 98335 SITUS ADDRESS: 5039 Sidney Road SW PARCEL SIZE: 4.20 Acres ASSESSED VALUATION: $ 807250 (2007) LEGAL DESCRIPTION: 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 01 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 NORTTHERLY 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: TOGETHER WITH THE ABUTTING SIDNEY ROAD. Ordinance Ro. 038-07 '?age 7 of .12 PORT ORCHARD CITY OF 200801110083 Ordinance Ree Fee: $ 53.00 0111112GJ08 12,3C, PM Page: 7 of 12 Karen Fl,mn, Kitsap Co Puditor 11111111111I111111111111111111111111111111111111 IIII 1111111111111111111111111111 ! 111111111111 Paoe 5 PARCEL 6 - 112301-2-009-2002 .dames 0. Tallman P.O. Box 492 Gig Harbor, Washington 98335 SITUS ADDRESS: 5071 Sidney Road SW PARCEL SIZE: 0.66 Acres ASSESSED VALUATION: $173,240 (2007) LEGAL DESCRIPTION: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER ND THAT PORTION OF THE SOUTH 5 ACRES OF THE WEST HALF OF THE NORTHWEST QUARTHER OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 23 NORTH, RANGE 01 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTH 5 ACRES; THENCE EASTERLY ALONG THE SOUTHERLY BOUNDARY LINE OF SAID SOUTH 5 ACRES; THENCE NORTHERLY AND PARALLEL TO THE WESTERLY BOUNDARY LINE OF SAID SOUTH 5 ACRES, 158 FEET; THENCE EASTERLY AND PARALLEL TO THE SOUTHERLY BOUNDARY LINE OF SAID SOUTH 5 ACRES, 8 FEET; THENCE NORTHERLY AND PARALLEL TO THE WESTERLY BOUNDARY LINE OF SAID SOUTH 5 ACRES, 92 FEET; THENCE WESTERLY PARALLEL TO THE SOUTHERLY BOUNDARY LINE OF SAID SOUTH 5 ACRES, 150 FEET; THENCE SOUTHERLY ALONG THE WESTERLY BOUNDARY LINE OF SAID SOUTH 5 ACRES, 250 FEET TO THE POINT OF BEGINNING; TOGETHER WITH THE SIDNEY ROAD RIGHT-OF-WAY ABUTTING THIS PROPERTY ALONG THE WEST BOUNDARY. SAID ANNEXATION IS TO INCLUDE ALL OF THE SIDNEY ROAD RIGHT-OF-WAY LYING WITHIN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 23 NORTH, RANGE; 01 EAST AND THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 01 EAST. TOTAL ACREAGE IN PARCELS TO BE ANNEXED: 22.29 ACRES TOTAL ASSESSED VALUATION OF ANNEXATION AREA: $6191940 Qr0 n:a.nce No 03847 Page 8 of 12 PORT ORCHARD CITY OF 200801110083 Ordinance Rec Fee: $ 53 M 01/11/2008 12:36 PM Page: 8 of 12 Karen Flynn, Kitsap Co Puditer 1 IIIIIII 1Il I11111 Ill IIIIII 11111111111111111111 IN Ilfl 11111111111111111111 Ell 111111111111111111 Ordinance No. 038-07 PORT ORCHARD CITY OF 200801110083 Ordinance Rec Fee: $ 63.00 k111112009 12:36 PM Karen Flynn, Kiisap Co Auditor Page: 9 of 12 11111111II1111111T1 IIIIIIIIII1If lflllII1111Iff IIIIIIIIIIllllll�I1Ed1111IIl E111111 This Release and Indemnification Agreement is dated for reference purposes November 14, 2007 and is entered into by and between the City of Port Orchard, a municipal corporation (the City), Jim and Dian Tallman, LLC and James O. Tallman and Dian Tallman, husband and wife, in their individual capacity (collectively referred to herein as "Petitioner='). Recitals WHEREAS, Petitioner is the owner of real property in Kitsap County, as legally described on Exhibit A, attached hereto and incorporated by this reference (the subject property); and WHEREAS, Petitioner submitted a notice of intent to petition for annexation, which notice was accepted by the City Council on May 29, 2007; and WHEREAS, Petitioner submitted a formal petition for annexation in July 2007, which was deemed approved by Kitsap County and the Boundary Review Board in accordance with the requirements of Chapter 35.13 RCW; and WHEREAS, prior to the City Council's adoption of an ordinance approving the annexation, the Central Puget Sound Growth Management Hearings Board issued a written decision on September 13, 2007 in a proceeding known as Suquamish 11, which decision invalidated Kitsap County's expanded urban growth areas (UGA) on the grounds that there was no provision in the County's Capital Facilities Element for public facilities and services being adequate and available to support the planned for development; and WHEREAS, the subject property lies within one of the UGAs invalidated by the Suquamish II decision and, pursuant to RCW 35.13.005, cities may only annex areas that lie within an urban growth area; and WHEREAS, Petitioner contends that its right to annex is vested because the annexation proceeding was initiated prior to the Suquamish 11 decision; and WHEREAS, although the case law regarding the application of vesting rights to annexation proceedings is uncertain, water facilities and sanitary sewer facilities are available and adequate to meet existing needs within the expanded Port Orchard UGA, and planning is underway to ensure these urban services will be available to the subject property at the time the development is ready for occupancy and use; and WHEREAS, for the above -stated reasons, the City Council has agreed to adopt an ordinance allowing the annexation of the subject property subject to the Petitioner executing this Agreement. NOW, THEREFORE, in consideration of the mutual representations, covenants and agreements contained herein, the parties agree as follows: PORT ORCHARD CITY OF 200801110083 Ordznanoe Rao Fee: $ 53.00 Page: 10 of 12 01/1112008 12:36 PM Karen Flynn. Kitsap Gn Auditor t Mlili ill Ulf 1111111111111111111113 11111 lilt ttti Dill till lti illll 114111111111 Agreement 1. Petitioner and their heirs, executors, administrators, successors and assigns, agree to indemnify, defend, and hold harmless the City, its elected and appointed officials, agents, attorneys, and employees, from and against any and all claims, liabilities, losses, judgments, awards, causes of actions, demands, damages, expenses (including attorney fees), and compensation brought by third parties and which arise out of or relate in any way to the City's decision to approve the annexation of the subject property. 2. Petitioner and their heirs, executors, administrators, successor, and assigns, release and forever discharge the City from and against any and all claims, liabilities, losses, judgments, awards, causes of actions, demands, damages, expenses (including attorney fees), and compensation that they and their heirs, executors, administrators, successor, and assigns, have now or may acquire in the future arising from or relating in any way to the City's decision to approve the annexation of the subject property. This release shall survive the termination of this Agreement. 3. In the event the City is named in any lawsuit arising from or relating to the decision to annex the subject property, the City shall be entitled to select its own attorney and all costs of the City's defense, including attorney fees, shall be paid by Petitioner. 4. Petitioner acknowledges that this release and obligation to indemnify and hold harmless is given willingly, that it is based on their independent judgment, that Petitioner has read this Agreement and fully understands it, and has been provided with an opportunity to consult with independent legal counsel prior to executing this Agreement. 5. The City's failure to exercise or delay in exercising any right or remedy hereunder, at law or in equity, shall not operate as a waiver thereof, nor shall the City be estopped to exercise any such right or remedy at any future time because of any such failure or delay. 6. Petitioner may not assign its interests or obligations under this Agreement without the prior written approval of the City, which approval shall not be unreasonably withheld. 7. Petitioner warrants and represents that Petitioner is the owner of the subject property. 8. The terms and conditions of this Agreement shall run with the land and shall be binding on Petitioner and all persons who now or in the future claim an interest in the property described in Exhibit A. 9. A fully executed copy of this Agreement shall be recorded with the Kitsap County Auditor. 10. This Agreement sets forth the entire agreement of the parties with respect to the subject matter hereof and it may be amended or modified only by an instrument in writing which axdlnance No. 038-07 Page 1.1 of 12 PORT ORCHARD CITY OF 200801110083 Ordinance Rec Fee. $ 53.00 Page 11 of 12 0111112008 12.36 PM Karen Flynn Kitsap Cc quditcr I111I1I1lgll ql1 JII JIIJI IJg qI JI�i ilt it 1111 Ell III1111.1II4II1I411tlI141 by its express terms refers to this Agreement and which is duly executed by the party bound thereby. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first written above. 'F - By: Kira Abel, Mayor ATTEST: Michelle Merlino, City Clerk APPROVED AS TO FORM: , /"� /- " -, A , 'C'- 3, -- - Assistant Ci horn STATE OF WASHINGTON County of Kitsap PE7TIINER irrii ©Jars Tallman, LLC B, me& O. Tallman ,.-Met O. Tallman By: Dian Tal ss. indivdivally I certify that I know or have satisfactory evidence that James and Dian Tallman are the persons who appeared before me, and said persons acknowledged that they signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. DATED: 4,le 7 `� �v g �� V4i L Vie; ,201 NOTARY PUBLIC Print Name: Z /6 My appointment expires: i; ? r/ell Ord, nance No. 038-07 Wage 1.2 of 1.2 PORT ORCHARD CITY OF 200801110083 Ordinance Rec Fee: $ 53,00 page: 12 of 12 01/11/2008 12:36 RM Karen Flynn, Kitsap Co "'o" 111111111II11111111141ll t11111lit 1111111111111i1111ilul11111111111111111111at11111it