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					                                            City of Port Orchard

                                      CITY HALL • 216 Prospect Street, Port Orchard, WA 98366
                                             (360) 876-4407 • FAX (360) 895-9029


                                 Agenda Staff Report
Agenda Item No. Business Item 6-B                          Meeting Date:       June 26, 2006
   Subject: Adoption of Resolution No 024-06                Prepared by:       Maher Abed/
             Authorizing the Mayor to Sign No                                  Matt Zawlocki
             Protest Agreement for Stetson Lane

Summary:
Gary and Jennifer Fetterplace are proposing to short plat their property at the end of Stetson
Lane. The road currently serves three houses and will now serve six houses. Development
standards do not allow six homes on a private road and the road must be brought up to feeder
standards.      Short plats have limited requirements for frontage improvements, and
development of this dead-end road is unlikely, so a “no protest” agreement requiring
participation in a future Local Improvement District (LID) was accepted as a requirement for
approval of the short plat.


Recommendation: Adopt Resolution No. 024-06 Authorizing the Mayor to sign the No Protest
Agreement for any future Local Improvement Districts (LID’s) along Stetson Lane.

Motion for consideration: I move to adopt Resolution No. 024-06 Authorizing the Mayor to
sign the No Protest Agreement for any future Local Improvement Districts along Stetson Lane.


Fiscal Impact: This financial commitment will stay against the individual lots for a period of
ten years or until the time the Local Improvement District along Stetson Lane is formed.


Alternatives: None


Attachments: No Protest Agreement
             Resolution No. 024-06
After recording return to:

City Clerk
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366




                          NO PROTEST AGREEMENT
                    AND COVENANT RUNNING WITH THE LAND



Legal Description: ___See Attached Exhibit “A” _______________________

Tax Parcel No.:      ___022301-3-022-2004_____________________________


       This Agreement is made this _____ day of _______ 200__ between Gary and
Jennifer Fetterplace (“Owners”), and the City of Port Orchard, Washington (“City”).

                                       RECITALS:

      A.       The Owners warrant that they are the owners of the real property listed
above and legally described on the attached Exhibit “A” (referred to herein as the
“Properties”).

       B.     The Owners are proposing to Short Plat into 4 lots.

        C.      As a condition precedent to Short Plat S-1127 the City requires that the
Owners agree to waive their right to protest any formation of a Local Improvement
District or Utility Local Improvement District (collectively referred to herein as a “LID”)
for the purpose of constructing frontage improvements consisting of curb, gutter,
sidewalk, pavement widening, planter strip and street lights, and that the waiver shall
be a covenant running with the land binding on all subsequent owners.

                                            -1-
       D.     The City Council of the City of Port Orchard has authorized the Mayor
to execute this Agreement.

       Now, therefore, in consideration of the mutual promises of the parties and
other good and valuable consideration, the parties hereby agree as follows:

     1.      All of the recitals set forth above are adopted by the parties as material
elements of this Agreement.

        2.      Owners hereby waive their right under RCW 35.43.180 to protest
formation of an LID for the purpose of financing frontage improvements. Owners shall
retain their right to object to their individual assessment (including the determination
of special benefits allocable to the property), or to appeal to the superior court the
decision of the city council affirming the final assessment roll.

       3.      This Agreement shall be recorded with the Kitsap County Auditor and
shall constitute a covenant running with the land legally described in Exhibit “A” and
shall be binding on the parties and their respective heirs, executors, successors,
grantees, and assignees.

        4.      The parties’ obligations hereunder shall terminate ten years from the
date first set forth above.

        5.     If any court or tribunal declares any provision of this Agreement to be
invalid, the remaining provisions of this Agreement shall not be affected thereby.

       6.    In the event of any dispute arising from the terms and conditions of this
Agreement, the prevailing party shall be entitled to his attorney’s fees and reasonable
costs. Venue shall be in Kitsap County Superior Court.

     IN WITNESS WHEREOF, the parties hereto have signed and sealed this
Agreement the day and year first above written.



CITY OF PORT ORCHARD:                           PROPERTY OWNERS:


By:__________________________                   By: _______________________
   KIM E. ABEL, Mayor

                                                By: _______________________


                                          -2-
Attest:


__________________________________
Carol Etgen, City Clerk




STATE OF WASHINGTON               )
                                  )     ss.
County of Kitsap                  )

        I certify that I know or have satisfactory evidence that __________________ is
the person who appeared before me, and said person acknowledged that he signed
this instrument and acknowledged it to be his free and voluntary act for the uses and
purposes mentioned in the instrument.

      DATED: ________________, 200__.


                                        ___________________________________
                                        NOTARY PUBLIC
                                        Print Name: _________________________
                                        My appointment expires: _______________

STATE OF WASHINGTON               )
                                  )     ss.
County of Kitsap                  )

        I certify that I know or have satisfactory evidence that __________________ is
the person who appeared before me, and said person acknowledged that she signed
this instrument and acknowledged it to be her free and voluntary act for the uses and
purposes mentioned in the instrument.

      DATED: ________________, 200__.


                                        ___________________________________
                                        NOTARY PUBLIC
                                        Print Name: _________________________
                                        My appointment expires: _______________


                                         -3-
                             Exhibit A


THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER, SECTION 2, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN
KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT WHICH IS SOUTH 89*1'42" WEST 289.59 FEET AND
SOUTH 18*1' WEST 452.75 FEET FROM THE NORTHEAST CORNER OF THE
WEST THREE QUARTERS OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 2, SAID TOWNSHIP AND RANGE;

THENCE SOUTH 18*1' WEST 265.11 FEET;
THENCE NORTH 89*1'42" EAST 493.97 FEET;
THENCE NORTH 0*38'53" EAST 290.79 FEET;
THENCE SOUTH 89*1'42" WEST 414.83 FEET TO THE POINT OF BEGINNING;
EXCEPT COUNTY ROAD;
AND EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT A
POINT WHICH IS SOUTH 89*01'42" WEST 289.59 FEET AND SOUTH 18*1' WEST
452.75 FEET FROM THE NORTHEAST CORNER OF THE WEST THREE
QUARTERS OF THE SAID NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER, SAID POINT BEING DESIGNATED AS POINT "A";
THENCE NORTH 89*1'42" EAST 235.25 FEET;
THENCE SOUTH 0*38'53" WEST 115.79 FEET;
THENCE SOUTH 89*01'42" WEST 272 FEET, MORE OR LESS, TO A POINT
WHICH IS SOUTH 18*01' WEST FROM DESIGNATED POINT "A" AND THE TRUE
POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED;
THENCE SOUTH 18*1' WEST 143.11 FEET, MORE OR LESS, TO A POINT
WHICH IS SOUTH 18*1' WEST 265.11 FEET FROM DESIGNATED POINT "A";

THENCE NORTH 89*1'42" EAST 493.97 FEET;
THENCE NORTH 0*38'53" EAST TO A POINT WHICH IS NORTH 89*1'42" EAST
FROM THE TRUE POINT OF BEGINNING;
THENCE SOUTH 89*1'42" WEST TO THE TRUE POINT OF BEGINNING;
EXCEPT COUNTY ROAD;

SITUATE IN THE CITY OF PORT ORCHARD, COUNTY OF KITSAP, STATE OF
WASHINGTON




                                -4-
                                 RESOLUTION NO. 024-06

               A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON,
               AUTHORIZING THE MAYOR TO ENTER INTO A NO PROTEST
               AGREEMENT CONCERNING CERTAIN IMPROVEMENTS THAT MAY
               BE MADE TO STETSON LANE

             WHEREAS, RCW 35.43.182 authorizes a property owner to enter into an
agreement with a city waiving the property owner’s right to protest formation of a local
improvement district; and

               WHEREAS, Gary and Jennifer Fetterplace are the owner of 4 building lots
abutting Stetson Lane; and

              WHEREAS, Gary and Jennifer Fetterplace have agreed to make certain
improvements to Stetson Lane consisting of a 20 foot wide paved access road as a condition
precedent to developing the building lots; and

               WHEREAS, Gary and Jennifer Fetterplace have agreed to waive their right to
protest formation of a local improvement district that may be established in the future to
finance additional improvements to Stetson Lane, including curb, sidewalk, street lighting,
traffic signage, striping, landscaping, and the undergrounding of franchise utilities; now,
therefore;

          THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON,
HEREBY RESOLVES AS FOLLOWS:

               THAT: The Mayor is hereby authorized to execute a No Protest
               Agreement on behalf of the City of Port Orchard with Gary and
               Jennifer Fetterplace concerning certain improvements that may be
               made to Stetson Lane. A copy of the No Protest Agreement is
               attached hereto as Exhibit A.

       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 26th day of June 2006.



                                                          KIM E. ABEL, MAYOR

ATTEST:



Carol Etgen, City Clerk

				
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