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HomeMy WebLinkAbout020612_ca04 Consent Agenda ,,}_,:-Ol'. c:) '" ",~ '" -~1- ~ ~ .~ -< 1:. '-"'----. 1,0,:'1/ JEFFERSON COUNTY PUBLIC HEALTH 615 Sheridan Street. Port Townsend' Washington' 98368 www.jeffersoncountypublichealth.org January 23, 2012 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: DATE: Tami Pokorny, Environmental Health Specialist II FLfSk.tlni<"1 {J', :;t'lc:L SUBJECT: Purchase and Sale Agreement - Coone Property (Portion of APN 602344015) fee simple - $71,995.00 STATEMENT OF ISSUE: Jefferson County Public Health, Water Quality Division, is requesting Board approval of a Purchase and Sale Agreement to purchase 13.09 acres of the Coone property (portion of APN 602344015) fee simple for salmon recovery - $71,995.00. ANALYSIS/STRATEGIC GOALS/PRO'S and CON'S: Approval of a Purchase and Sale agreement with Uerla Coone is the next step in the process of acquiring 13.09 acres of important salmon habitat on the Dosewallips River floodplain within the "powerlines reach." On November 21, 2011, the BoCC authorized an offer to purchase two parcels, APN 602344015 and 602344023, on the Dosewallips River floodplain from Uerla Coone at just compensation. Since this time, the Coone family has decided to sell only the portion of APN 602344015 that lies southwest of the Dosewallips River. The Recreation and Conservation Office (RCO)/Salmon Recovery Funding Board is granting extensions of agreements #06-2288A and #09-1630 to allow closing to occur in early 2012. A survey of the parcel was performed by Wengler Surveying of Port Angeles and accepted by the Department of Community Development. It identifies the area to be acquired as "Parcel B." Segregation of the parcel is allowed under JCC Section 18.35.040(4). Segregation will occur at the time of closing. COMMUNITY HEALTH DEVELOPMENTAL DISABILITIES MAIN: (360) 385-9400 FAX: (360) 385-9401 PUBLIC HEALTH .IllWJlY$ 'NOIlKING FOR II $llHR .1If1lll< HEALTHIER COMMUNITY ENVIRONMENTAL HEALTH WATER QUALITY MAIN: (360) 385-9444 FAX: (360) 379-4487 FISCAL IMPACT ICOST BENEFIT ANALYSIS: This property acquisition will be funded in its entirety by two grants, RCO (formerly lAC) #06-2288A and, as needed, RCO #09-1630. Matching funds for both grants have already been provided by properties previously acquired by the County on the floodplain in the Lazy C community. RECOMMENDATION: JCPH Management recommends the Board sign the Purchase and Sale Agreement to purchase the Coone property (Portion of APN 602344015) fee simple for salmon recovery - $71,995.00 2-(/ ~/~ Date COMMUNITY HEALTH DEVELOPMENTAL DISABILITIES MAIN 360385-9400 FAX: 360-385-9401 PUBLIC HEALTH ,1,_,;Vr.r;'::: \,VORKiNG FnR.I; f-~AF;:R !~~n HEALTHIER COMMU"NITY ENVIRONMENTAL HEALTH WATER QUALITY MAIN: 360385-9444 FAX 360-379-4487 JEFFERSON COUNTY PURCHASE AND SALE AGREEMENT THIS AGREEMENT is made this _ day of ,2012, by and between Uerla Coone, a single person ("Seller"), and JEFFERSON COUNTY, a political subdivision of the State of Washington ("Buyer"), for purchase and sale of that certain real property consisting of 13 acres, more or less, situated in Jefferson County, Washington, and described in Exhibit A and referenced as "Parcel B" in a preliminary survey, a copy of which is attached hereto and incorporated herein by this reference (collectively the "Property"). The Property is also known as the portion of Assessor's Parcel No. 602344015 located southwest of the Dosewallips River. 1. Total Purchase Price and Consideration. The total purchase price for the Property is seventy-one thousand nine hundred ninety-five and NOIlOOTHS DOLLARS ($71.995.00) (the "Purchase Price"), payable as follows: Earnest money in an amount equal to Fifty Dollars Even ($50.00), AND Cash upon closing for the remainder. The total purchase price listed here constitutes good and valuable consideration running to the Seller and receipt and recordation of the Deed described in Section 2.1 constitutes good and valuable consideration running to the Buyer. 2. Title 2.1 Deed. At closing, Seller will execute and deliver to Buyer a Statutory Warranty Deed conveying to Buyer good and marketable title to the Property free and clear of all defects or encumbrances except for the lien of real estate taxes not yet due and payable and those defects or encumbrances (if any) identified on Exhibit B, attached hereto and incorporated herein by this reference (collectively referred to as the "Permitted Exceptions"). 2.2 Title Insurance. A preliminary commitment for title insurance is attached hereto as Exhibit C and incorporated herein by this reference. At closing, Buyer shall receive (at Buyer's sole expense) an AL TA title insurance policy, dated as of the closing date and insuring Buyer in the amount of the Purchase Price against loss or damage by reason of defect in Buyer's title to the Property subject only to the printed exclusions and general exceptions appearing in the policy form and the Permitted Exceptions, if any. 3. Contingencies. The funding contingency has been satisfied. However, closing of title conveying title to the Buyer shall not occur until the preconditions listed in Section 7 have been completed to the satisfaction of the Buyer. 4. Risk of Loss. Seller will bear the risk of loss of or damage to the Property until the date of closing. In the event of material loss or damage to the Property prior to closing, Buyer may terminate this Agreement by giving written notice of termination to the Seller. 1 ~ 5. Seller's Representations, Warranties and Covenants. Seller represents, warrants and covenants to Buyer at the date of execution of the Agreement and at the date of closing that: 5.1 Authority. Seller, and/or the person(s) signing on behalf of Seller, has full power and authority to execute this Agreement and perform Seller's obligations, and if Seller is a corporation, all necessary corporate action to authorize this transaction has been taken. 5.2 No Leases. The Property is not subject to any leases, tenancies or rights of persons in actual or constructive possession. 5.3 No Material Defect. Seller is unaware of any material defect in the Property not already provided for in this Agreement. 5.4 Unimproved property. Seller states the real property being conveyed is unimproved property. As such it may have been used for illegal and unauthorized dumping of household solid waste. 5.5 Contamination. Seller has not received notification from any agency that the Property is or may be in violation of any environmental law(s), or is or may be targeted for a cleanup under any agency action. Seller has no knowledge of the release or presence of any hazardous materials on, in, from, or onto the Property. To the best of Seller's knowledge, the Property has not been used for the storage or disposal of any hazardous materials or dangerous wastes or substances. To the best of Seller's knowledge, no tanks used for storage of any hazardous material above or below ground are present or were at any time present on or about the Property. "Environmental law(s)" means any federal, state or local law, statute, ordinance, rule or regulation pertaining to human health or the environment, including, but not limited to CERCLA, RCRA, MTCA, Federal & State Clean Water Acts, Washington hazardous waste regulations or any similar law. "Hazardous materials" means any hazardous or toxic substance, material or waste, including, but not limited to, those substances, materials and wastes listed by the United States Environmental Protection Agency as hazardous substances (40 CFR Part 302) or in the Washington Hazardous Waste Management Act (chapter 70.105D RCW) or the Model Toxics Control Act (chapters 70.105D RCW, 82.21 RCW), petroleum products and their derivatives, and such other substances, materials and wastes as become regulated or subject to cleanup authority under any environmental laws. The warranties described in this Section 5.5 are deemed to survive closing, except that if the Buyer discovers it has any claim, cause of action or lawsuit for money damages and/or equitable relief against the Seller based upon the warranties the Seller makes in this paragraph, then it must file said claim not later than three (3) years from the date this transaction closes, i.e., the closing date. 5.6 Fees and Commissions. Seller has not incurred any obligation for broker's fees or other commissions or fees in connection with the sale of the Property. 6. Buyer's Authority. Buyer represents and warrants to Seller that this Agreement is made without the threat of condemnation of the Property and all terms contained herein, negotiated at arm's length, are enforceable as provided for in this Agreement, and at the date of closing, Buyer, and the person signing on behalf of Buyer, has full power and authority to execute this Agreement and to perform Buyer's obligations hereunder. Buyer makes no warranty 2 regarding Buyer's authority at the time Seller executes this Agreement and makes this Agreement expressly subject to, and conditioned upon, receipt of Jefferson County approval and signature by the County Commission and those conditions set out in Section 7 below. 7. Buyer's Conditions. 7.1 This Agreement is subject to Buyer's approval, in Buyer's sole discretion, of surveys, studies, appraisals, and reports received, commissioned, paid for or performed by Buyer or Buyer's agents. Buyer shall have sixty (60) days from the date both Seller and Buyer have signed this Agreement to satisfy or waive this condition ("Feasibility Period"). If Buyer fails to deliver notice of satisfaction or waiver to Closing Agent before expiration of the Feasibility Period, this Agreement will terminate. During the Feasibility Period, Buyer and its agents may enter the Property with four (4) days advance notice to Seller to perform such studies, appraisals and surveys as Buyer deems necessary; provided that Buyer will not perform any excavation or coring on the Property without Seller's prior consent. If Buyer performs any excavation or coring activities, Buyer will restore the Property. 7.2 Seller shall provide or make available to Buyer for inspection and copying to the extent available or within Seller's possession or control: any and all leases, easements, appraisals of the Property or improvements, soils reports, environmental surveys, audits of the Property or the improvements, existing surveys, plans and specifications and other data with respect to Property or improvements, all correspondence with any governmental authorities and any other documents and information in the possession or control of the Seller that Buyer deems reasonably necessary to conduct its review of the Property. This section does not impose on the Seller the obligation to obtain, undertake or pay for any documents or types of documents listed here. 7.3 This Agreement is conditioned upon receipt of funding by Buyer. In the event funds are not available for this transaction, this Agreement shall terminate and be of no further force or effect. 7.4 This Agreement is further conditioned upon the approval by Jefferson County ofthe division of the parcel as is authorized by County Code Section 18.35.040(4). 8. Closing. 8.1 Time for Closing; Termination Date. This sale will be closed in the office of Closing Agent, First American Title Company of Jefferson County, 2424 South Park Avenue, Port Townsend, WA 98368 ph: (360) 385-1877, on a date to be mutually agreed upon that is no later than the soonest of two dates: March 31, 2012 or the expiration date of RCO grant #09-1630A. Said closing date shall be the termination date of this Agreement, provided the Buyer and Seller may mutually agree in writing, prior to the termination date, to delay the termination date. Buyer and Seller will deposit in escrow with Closing Agent all instruments, documents and funds necessary to complete the sale in accordance with this Agreement. As used in this Agreement, "closing" or "date of closing" means the date on which all appropriate documents are recorded and proceeds of sale are available for disbursement to Seller. Funds held in reserve accounts pursuant to escrow instructions shall be deemed, for purposes of this definition, as available for disbursement to Seller. ,., .J 8.2 Prorations; Closing Costs. Taxes for the current year and collected rents, if Buyer has agreed to purchase the Property subject to a lease or leases, will be prorated for the Property as of the date of closing. Seller will pay real estate excise taxes. Seller will pay any unpaid real property tax for the year of the closing at the time of closing. The Treasurer's office shall then prorate the taxes after the documents have been recorded and a refund (if any) will be disbursed by that office to the Seller as of the date of closing. Seller will pay the realtor commission, if any. The Buyer will pay the premium for its owner's title insurance policy and the cost of recording the statutory warranty deed from Seller. Buyer and Seller will pay equally towards the Closing Agent's escrow fee and closing costs. 8.3 Possession. Buyer shall be entitled to sole possession of the Property upon closing, except as otherwise provided by this Agreement. 9. Default by Seller. Time is of the essence of this Agreement. If Seller is unable to, or does not, perform its covenants and obligations under this Agreement, if title is not insurable as provided in section 2, or if Seller's representations are not all true and accurate, Buyer may seek (i) specific performance of this Agreement and damages or (ii) a rescission of this Agreement. In any suit, action or appeal to enforce this Agreement, or to interpret this Agreement, the prevailing party is entitled to recover any costs incurred therein, including attorney's fees. 10. Notices. All notices, waivers, elections, approvals and demands required or permitted to be given under this Agreement must be in writing and shall be either personally delivered, sent by United States certified mail, return receipt requested, to the addressee's mailing address set forth below, or sent by facsimile to the addressee's facsimile number set forth below. Any notice will be effective when actually received or, if mailed as provided herein, on the earlier of actual receipt or two days after the date deposited in the mail. Seller: U erla Coone PO Box 266 Brinnon, W A 98320 Phone: 360-796-4237 Buyer: Environmental Health Department Jefferson County 615 Sheridan Port Townsend, WA 98368 Phone: 360-385-9444 Facsimile: 360-385-9401 Closing Agent: First American Title P.O. Box 598 2424 South Park Ave. Port Townsend, W A 98368 oj; 55 / 3 j ;: 11. General. This is the entire Agreement of Buyer and Seller with respect to the Property and supersedes all prior Agreements, written or oral. This Agreement may be modified 4 only in writing, signed by Buyer and Seller. Any waivers under this Agreement must be in writing. A waiver of any right or remedy in the event of a default will not constitute a waiver of such right or remedy in the event of any subsequent default. This Agreement, negotiated at arm's length, is for the benefit of, and binding upon, Buyer and Seller and their heirs, personal representatives, successor and assigns. The invalidity or inability to enforce any of the provisions of this Agreement will not affect the validity or enforcement of any other provision. 12. Survival of Warranties. The terms, covenants and representations and warranties set forth in Paragraph 5 of this Agreement shall not merge in the deed of conveyance, but shall survive closing and run to the benefit of the parties. 13. Venue. Venue for any litigation that arises with respect to this Purchase and Sale Agreement or the real property that is the subject ofthis Purchase and Sale Agreement shall only lie in the Superior Court In and For the County of Jefferson, Washington. BUYER: SELLER: Jefferson County Uerla G. Coone By: (PPROVED AS TO FO[: "\ ' I ' .. f f ' j . /(tvcJ J,v u "'..I'!] David W. Alvarez " Deputy Prosecuting Attorney /2/27 lio (I By: . /// Its: Date: T:.:ki ~ ~':;,',. 1/05//.,< DG.<::' <' ., . I, Date: Date Exhibits: Exhibit A - Legal Description Exhibit B - Permitted Exceptions Exhibit C - Preliminary Title Report Exhibit D - Preliminary Survey 5 EXHIBIT A Legal Description Description of Parcel B after Segregation That portion of the following described property lying southerly and westerly ofthe thread (line of deepest water) of the Dosewallips River. That portion of the boundary comprising said thread is to be fixed at said thread as the same moves based on accretions, erosions or avulsive actions. The east three quarters of the northwest quarter of the southeast quarter of Section 34, Township 26 North, Range 2 West, W.M., Jefferson County, Washington; Except the east half of the northeast quarter of the northwest quarter of the southeast quarter and the northeast quarter ofthe southeast quarter of the northwest quarter of the southeast quarter. Situate in the County of Jefferson, State of Washington. Containing 13.09 acres more or less as of 5-31-2011. Subject to the rights of the State of Washington in and of that portion, if any, which lies below the line of ordinary high water of said river. 6 EXHIBIT B Permitted Exceptions A. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records B. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry or persons in possession thereof. C. Easements, claims of easement or encumbrances which are not shown by the public records. D. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public record. E. (A) Unpatented mining claims; (B) reservations or exceptions in patents or in acts authorizing the issuance thereof; (C) water rights, claims or title to water; Whether or not the matters excepted under (A), (B), or (C) are shown by the public records; (D) Indian tribal codes or regulations, Indian Treaty or Aboriginal Rights, including easements or equitable servitudes. F. Any lien, or right to a lien, for services, Labor or Material therefore or hereafter furnished, imposed by law and not shown by the public records. Any lien, or right to lien, for services, labor materials or medical assistance theretofore or hereafter furnished, imposed by law and not shown by the public records. G. Any service installation, connection, maintenance, construction, tap or reimbursement charges/costs for sewer, water, garbage or electricity. H. Defects, liens encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgages thereon covered by this Commitment. 7 Special Exceptions: I. Lien of the real estate excise sales tax and surcharge upon any sale of said premises, if unpaid. As of the date herein, the excise tax rate is 1.78%. Tax code RCW Chapter 82.45. 2. General taxes for the year 20 II which have been paid. Amount: $ 220.38 Tax Account No.: 602344015 Assessed value: $ 25,910 Affects; Said premises and other property 3. Reservations contained in instrument. Recording No.: 96390 As follows: And there is reserved from the lands herein described a right~f-way for all public highways that may be constructed thereon by the authority of the Board of Commissioners of Jefferson County 4. Easement, including terms and provisions contained therein: Recorded: October 22, 1947 Recording No.: 111947 In favor of: United States of America For: Maintain, repair, rebuild, operate and patrol one or more transmission lines 5. Easement, including terms and provisions contained therein: Recorded: August 25,1969 Recording No.: 202047 In favor of: United States of America For: Transmission line easement Affects: Portion of said premises 6. Any question that may arise due to the shifting and/or changing in the course of Dosewallips River. 7. Right of the state of Washington in and to that portion, if any, of the property herein described which lies below the line of ordinary high water of the Dosewallips River. 8. , .Rights of the general public to the unrestricted use of all the waters of a navigable body ofwater not only for the primary purpose of navigation, but also for corollary purposes; including (but not liinited to) fishing, boating, bathing, swimming, water skiing and other related recreational purposes, as those waters may affect the tidelands, shorelands or adjoining uplands and whether the level of the water has been raised naturally or artificially to a maintained or fluctuating level, all as further defined by the decisional law of the state. (Affects all of the premises subject to such submergence) 8 9. Deed of Trust and the terms and conditions'thereof: Grantor: Richard D. Coone and Uerla G. Coone, husband and wife Trustee: Jefferson Title Company Beneficiary: Kathleen R. Bradford Revocable Living Trust dated September 26, 2007 and any amendments thereto, Kathleen R. Bradford, trustee $ 64,800.00 July 3, 2008 November 26, 2008 538978 Said premises and other property Amount Dated: Recorded: Recording No.: Affects: Said instrument is are-recording of Recording No, 535457. 10. Loss or damage by reason that there appears to exist no insurable right of access to and from the land herein described to a public right-of-way. Unless this matter is solved to the satisfaction of the company, the forthcoming policy/endorsement will contain an exception to coverage for loss or damage by reason or lack or a right of access to and from the land. 9 EXHIBIT C Preliminary Title Report 10 I Commitment for Title Insurance IS8UeOllY First American Title lnsurahce Company Commitment FIRST AMERICAN nr~ INSU~CE C~M~Nfi', a ~lfom1a ~an~ tcompan1), for a valuable consideration, " commits 10 issue its poliCY or pohcleSof 1IPe.rancs. "llSt:lenUfied in Sclle~ A. In favor of the Proposed Insured named in Sctledule A. as owner or mortgag'~ d \l1e estale or ~8l'BSt In 1he 1Bl1d d8SQ'i~d or referred to ;n Schedule A. upon payment of \he premiums a{1d ;charges and c;ompliatlM wIlh 1hefieq4l1rements; ell SUbJect to the provisions of Schedules A and B and to the Ctmditlons of lhl~ Commitmenl. . "', T'- -' 1! ~ . . _ . Thts Commitment shall be" effective o{lly when 'the identity at !be PrtlpOlKld Insured and the amount of the policy or policies committed for have been Inserted In SC/ledule A by lhe()ompany. . . AllllabUity and obligation under this Commitment shall cease.and termlnate'18D "days aft~r the Effective "Dale or when the . polley or policies committed for shall issue, whichever first occurs, provided thallhe failure to issue the policy or policies is nollhe fault of the Company. The Company win provide a sample of the policy form upon request. " In Witness Whereof, First AmerWan TiUe Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers 00 the date shown In Schedule A. First American Title Insurance Company ......_........ ) /~ /-I' /' ~ ,~~.l.~.I.~~".p;.., cro<' /f ~~ I ~ ..' "pe, ".~.. \. f ~ ,'. ..... .t~...... \ Dennis J. GIlmore : ~ : ~ C' : : i President i ..: SEP11nU2C.: ~ ! ~ .... '. .e.. . ... . ",~'. ... ....: ~. ti'. ................ ....../ ". (CI"tJ"\~ ~.' ...,1.t..~."...........". ~~ TImolt1y Kemp Secrelaty [!'hIs Commitment Is vand only wh9n Schedules A and B are attached) This jattlel was crealed e1ftC1rOnlta11y and cOOSliMes an crigirlal document ~f1h12MS.2ODtArftll1cI" \.IrMt'Ttue AI'MIda11on,,fJI"'glTb~. The \1M Ofthl:lJo-mllrnlT5e1edIGAJ.TA IDtnHa ,net .-LTA me1'l'btn fnOood ~tfnve5 ofrM~cA utI AActhmUAl"".I'l'~R~edlJl'lCkW'II01l"tMlrcrnlheAmtrka" l...anOTII'.~.OI'I. . . I Form 5011600 1fl.1-o9) ,;::1 ALTA Commitment (6-1H16) .-."----- Form No. 106B-2 , AllA Plr.I~ UM\\Iuege Comri1ltme~t . -< ,) . ,'" ;,AI ~ ft t _~~.~ ~">t: . . . . ~ ' .' :3.- ~.. First American Title Insurance Company PRIVACY POUCY We Are Committed to Safeguarding CUItOmer Information In order to better serve your needs now and In the fubJre, we may ask you to provide us With certaln Information We understand that you may be concerned about what we will do With StJd1lnformatJoo - partlcularly any personal or linandal ';,formatfon We agree that you have a right to know how we wUI utilize the personallnformatlon you provide to us. Therefore together with our parent rom~~ The first American Co/1)oratlon, we have adopted this Privacy PoliCy to govern the use aKt handling of your personalln tion. . ApplicablDty This prtvacyPolicy governs 011" use of the information which you provlde to us. It does not govern the manner In which we may use lnfurmatlon we have obtained from any other roUI"Ce, sudi as fnfunnatloo obtained from a JJubllc record or from anolher person or entity. Am Arnerlcan has alro adopted broadex guidelines that govern our use of persooallnformatlon regardless of Its SOIJ"(e. first Amerlcan calls these guidelines Its FaIr Informatfon Values, a copy of which can be found on our webstte at www.firstam.rom. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personallnfonnatlon that we may collect Include: . Information we receive from you on applications, fonns and In other communications to us, whether In writing In person by telephone or any other means; , , . Infonnatlon about your transactions with us, our affiliated companles, or otheJ"S; and . Information we receIve from a COn5L1l1er reporting agency, u.e of Information We request Informatlon from you for our own Iegltlnnate bus~..!urposes and rot for the benefit of any nonaffiliated party ~~u ~~I~~~~~~r~~a=~~~~~edW;~,~~J:~~~'fur:~~ the~ct~ period after which any customer relatioilshlp has ceased. SUch InformatJon may be used for any Intexnal plfpOSe, sUn as quaf1ty control efforts or custnma- analysis. We may alro provide all of the types of nonpub/lc pexsonaf InFormatl6n lfstelfabove to one or more of OIJ"affillated companies, Such affiliated companles Include financial service providers, such as title Insurers property and casualty Insurers, and trust and InVestment advisory co~les, or companies involVed In real 'estate services, SUCh as appfalsal rompanles, home warranty rompanles, and esauw compames. Furthexmore, we may also provide all the lnformatioo we collect, as desCribed above to companIes that paforrn marketing servIceS on our belialf, on behalf of our affiliated companies or to 01her flnanciallnstlt:utiOns with Whom we or our affiliated companies have joint marketIng agreements. ' Former CUstomers Even If you are nO langex our customer, our Pr1vacy Policy wtll continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized partJes have access to any of your Information'. We restrict access to nonpubllc personal information about you to those individuals and entitles who need to know that InformatJon to PI'OVIde products or services to you. We will use our best efforll; to lra!n and oversee our employees ~nd agents to ensure that your Infbrm<itlon wfIJ be handled responsibly and In accordance with this Privacy Pollcv and First Amerlcan s Falf Information Values. We currently maintain physical, electronic, and procedural safeguards lhat comply with federal regulations to guard your nonpubllc personallnfurTnation. @ 2001 The Arst American Corporatlon . All flJghts R.eserved Am American Title ~:.:'f:/ }<j' .;'..: , ,~ ' - CONDITIONS . ~.. ' . 1. The 1erm mortgage. when used heren, shaH include deed of frust, trust deed, or other ~curily Instrument ',' 2. If the proposed Insured has or acquired actual knowledge of any defect, Hen, enCIJmbranCe, adverse claim or other matter affecting the estate or Interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liab~ily for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knol'Aedge to the Company, or If the Company otherwlse acquires actual knowledge of any such defect, lien. encumbrance, adverse claim or other matter, the Company at Its option may amend Schedule B of this Commllment accordingly, but such amendment shall not relIeVe .the Company from liability previously Incurred pursuanl to paragraph 3 of these Conditions. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such partles included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaKing in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B. or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no ~ve~t shall such liability exceed the all\O\Jnt stated in Schedule A for the policy or policIeS committed for and such liability Is subject to the insuring prOVIsions and Conditions and the Exclusions from Coverage of the form of policy or po/ides committed for In favor of lI1e proposed Insured which are hereby Incorporated by reference and are made a part of this CommItment except as expressly modifl&Cl herein. 4. This Commitment Is a contract to issue one or more title insuranee policies and is not an abstract of tii/e or a report of 1he condition of tille, Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arIsing out of the status of the title to the estate or interest or the status of lI1e mortgage thereon covered by this Commitment must be based on and are subject to tl1e proVisIons of this Commitment. 5. . The policy to be Issued coDtains an arbitration cfa[Jse. Af( arbitrable matters when the Amount of Insurance is . $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may n1view 8 copy 01 the arbitration rules at <httD:I/www.arta, oral>. '. I Form ~O\1600 1&-\-09) T ALTA Commllment (6-17.00) Commitment No, 33902 Page I 00 r. 1""0" r" "N'" ~, v\ ,;>i~J;'n, 'Y ")Wf,,1.tfrttm GJlmrl ~. v_ u 2424 South Park Avenue Port Townsend, W A 98368 SCHEDULE A Commitment No.: 53902 SeUer : Coone Buyer : Jefferson County Effective Date of Commitment: December 22,2011 at 8:00 A.M. Prepared For: Jefferson County Environmental Health Tami Pokorny 615 Sheridan Street Port Townsend, WA 98368 Inquiries Should be Directed to: First American Title Of Jefferson County Researched By: Rochelle Lewis Your title officer for this transaction is Rochelle Lewis, If you have any questions concerning this title commitment, please do not hesitate to call me at (360) 385-1322 or e-mail rlewis@fatcojc.com By: Rochelle Lewis. Title Officer I. Policy or Policies to be issued: (a) t8J AL TA Owners Policy Standard Amount Premium Tax Short Term Rate $ 71,995.00 $ 400.00 $ 36.00 Proposed Insured: Jefferson County, a political subdivision ofthe State of W 8shington 2. The estate or interest in the land descn'bed or referred to in this Commitment and covered herein is Fee Simple. 3. Title to said estate or interest in said land is atthe effective date hereof vested in: Uerla G. Coon~ as her separate estate Page 2 of5 Commitment No. 53902 4. The land referred to in this Commitment is located in the County of Jefferson, State of , and described as follows: That portion of the following deseribed property lying southerly and westerly of the thread (line of deepest water) of the Dosewallips River; The East sf. of the Northwest V. of the Southeast V. of Section 34, Township 26 North, Range 2 West, W.M., Jefferson County, Washington, shown as Parcel B of preliminary survey for segregation dated September 14,2011 M1AlI-OOI84/ SUB 11-00010; . EXCEPT the East Ya of the Northeast V. of the Northwest VI of the Southeast Y. and the Northeast VI of the Southeast y, of the Northwest V. of the Southeast 'k Situate in the County of Jefferson, State of Washington. 2 Commitment No. 53902 . Page 3 on SCHEDULE B Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. A. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records B. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascer.ained by a., i..,spection of said la..d or by w..aking inquiry or persons in possession thereof. C. Easements, claims of casement or encumbrances which are not sho",'D by the public records. D. Discrepancies, conflicts in boundary lines, 'shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public record. E. (A) Unpatented mining claims; (B) reservations or exceptions in patents or in acts authorizing the issuance thereof; (C) water rights, claims or title to water; Whether or not the matters excepted under (A), (B), or (C) are shown by the public records; (D) Indian tribal codes or regulations, Indian Treaty or Aboriginal Rights, including easements or equitable servitudes. F. Any lien, or right to a lien, for services, Labor or Material therefore or hereafter furnished, imposed by law and not shown by the public records. Any lien, or right to lien, for services, labor materials or medical assistance theretofore or hereafter furnished, imposed by law and not shown by the public records. G. Any service 'installation, connection, maintenance, construction, tap or reimbursement charges/costs for sewer, water, garbage or electricity. H. Defects, liens encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgages thereon covered by this Commitment. LPB eoromilmenl No. ~3902 Page 4 of~ Special Exceptions: I. Lien of the real estate excise sales tax and surcharge upon any sale of said premises, if unpaid. As of the date berein, the excise tax rate is 1.78%. Tax code RCW Chapter 82.45. 2. General taxes for the year 20 II which have been paid. Amount: $ 220.38 Tax Account No.: 602344015 Assessed value: $ 25,910 Affects: Said premises and other property 3. Reservations contained in instrument. Recording No.: 96390 As follows: And there is reserved from the lands herein described a right:.of-way for all public highways that may be constructed thereon by thc authority of the Board of Commissioners of Jefferson County 4. Easement, including terms and provisions contained therein: Recorded: October 22, 1947 Recording No.: 111947 In favor of: United States of America For: Maintain, repair, rebuild, operate and patrol one or more transmission lines 5. Easement, including terms and provisions contained therein: Recorded: August 25, 1969 Recording No.: 202047 In favor of: United States of America For: Transmission line easement Affects: Portion of said premises 6. Any question that may arise due to the shifting andlor changing in the course of Dosewallips River. 7. Right of the state of Washington in and to that portion, if any, of the property herein described which lies below the line of ordinary high water of the Dosewallips River. 8.. .Rights of the general public to the unrestricted use of all the waters ofa navigable body ofwater not only for the primary purpose of navigation, but also for corollary purposes; including (but not Iiinited to) fishing, boating, bathing, swimming, water skiing and other related recreational pUJ]XlSe5, as those waters may affect the tidelands, shorelands or adjoining uplands and whether the level of the water has been raised naturally or artificially to a maintained or fluctuating level, all as further defined by the decisional law of the state. (Affects all of the premises subject to such submergence) . LPB Commitmem No. 53902 Pagc5of5 " 'f ~ II 1 , , , 9. Deed of Trust and the terms and conditions'thereof: Grantor: Richard D. Coone and Uerla G. Coone, husband and "life Trustee: Jefferson Title Company Beneficiary: Kathleen R. Bradford Revocable Living Trust dated September 26, 2007 and any amendments thereto, Kathleen R. Bradford, trustee $ 64,800.00 July 3, 2008 November 26, 2008 538978 Said premises and other property Amount: Dated: Recorded: Recording No.: Affects: Said instrument is a re-recording of Recording No. 535457. 10. Loss or damage by reason that there appears to exist no insurable right of access to and from the land herein described to a public right-of-way. Unless this matter is solved to the satisfaction of the company, the forthcoming policy/endorsement will contain an exception to coverage for loss or damage by reason or lack or a right of access to and from the land. End of Special Exceptions Nates: A. According to the application for title insurance. title is to vest in Jefferson County Environmental Health. Examination of the records discloses no matters pending against said party. B. Abbreviated Legal Description: Ptn E 3/4 NW SE 34-26-2W Ly S And W Of River C. The legal description in this commitment is based on information provided with the application and the public records as defined in the policy to issue. The parties to the forthcoming transaction must notity the title insurance company prior to closing if the description does not conform to their expectations. Schedule C The following are the requirements to be complied with: I. Instruments necessary to create the estate or interest or mortgage to be insured must be properly executed, delivered and duly filed for record. 2. Investigation should be marle to determine if there are any service, installation, maintenance or construction charges for sewer, water or electricity. 3. In the event this transaction fails to close, a cancellation fee will be charged for services rendered in accordance with our rate schedule. 5 ~ (.I) ..,. ~ q ~. m ~ ".~ ~ ~. cr )> ~ m ~ .. W'" ~ .. ::I'"" -ma.~o dl:l'::!I t:: ,,~fli m 8....0 ~Pi 0 - ~ i:S ~z~ irf 5! ~"'!tel -ucnii:: ;0 ~~~i ~c::m 58::1- 0 -<~~ c:: W~i CDg ~ o~ po ::s ....... m ~ :I i! i m I i 0 ." :!l g ~ !~,,~gI8"~;,. Wh.. reeorded rel1lm to: Mr. ad Mn.lUch.rd D. COllIlC PO 801226 Brluo1I, WA ~10 Flied for R.ecQnI at \l.equest of Je/renoll T"1e COIllpll.Y Escrow NUIIlber. 72793JMK Jeffersa" County Excise Tax Aft # -11 1 5 3' Date,,' & \b~ ~~~~Amlq~.C5&) '6 Deputy Treasurer Statutory Warranty Deed mE GRANTOR IUtlil..lI R. Bdllford ~...bIe Lt".. Tnst d.ted Septembu 2.6, 2007 .ad III)' IlHIIdmtllls IIICftlO, Kallllceo R. Bl'Idl'ord, Truho for ond in considmlioo of TEN DOLLARS AND 01HI!R GOOD AND VALUABLE CONSIDERATION In hand pll(I, COIIWYS Illd WImIIltS 10 Rleblrd D. c-e .1Id Derll G. Coo.., hubnd and wire 1M following described ....1 est.ate, ._ in the COIln1y of JelrCl"lOll, S1lIlc ofWIlbI....... AbbmillleCl Lopl: PIn SE 34-26-2W For lI.n LepI See AltIcbed E1blbk "A" Subject to: As rully det..lbtd 011 Exhibit "A" altlehed hereto I.d mldu part b......f Tax P...I NWllbc!(s): 602 3-U 015, 602 344 023 Dated Illy 3, 2001I KI1hIeen R. Bradford \l.evoCoble Living Trust dllIeCI SqlIembcr 26, 2007 ond IIlY.......dmenlllhcmo "'~~~, 7A ~,\\\\1m"IIJIt" ;U{5fu-- ~'~...t\AN'Y /~ f ~ j~0 ~ ,,0 r", 09 S~ '" CI:l A... ~ ::: :: -t ...... 0IJr...... E :::" II> ~<I}'O '" ~ ~ '" -"" O~ ~ ~ ,~. A\ ~ STATE 01' I %. 0... '!I~ ~ COUNTY OF ss: ""~Il ~AS\\\ ,,-$! 1111/11/111\1\\111' I ct1IIfY IhaI (jW or have aIimotory C\'ide!ICe Kalblee1l R. BTldford of KdIletll R. B I'IllIford Jle"OCIble LIvln. TI'UIt d.ted September 16, 2007 IDd III)' ....ndlllCllll tIIereto 10 be the: fr<c end "oklnlalY IICl of ouch party for 1M u... an<! ~ montiooed 10 tI1l.lll!11UmOnt. \hI! .igned \his inslnIment, on oath II131cd IhaI dleTflII1.. Sh. Is authorized to exe<:Ule the lrutrumenl !lid ocknowledgcd II as Dsted: tn I~H) P.,elGf3 1IIIIIilllillllllllll~~~~.6 . Jeu.r.on~iv Aud ~ TITLE CO 1 :';"'~"1t I t9A EXHIBIT A PARCEL A: ThcEut % ofllieNorthwelt 14 of die Soathcast% of Section 34, Township 26No1'lh, Range 2 West, W.M., Jeffcnon Coun1y, Wuhington; Exccpl file Bat % NortIlcast \!\ of die NOrtIlwest V. of tile Southeast l4l11d the Northeast l4 of the Southeast % of file Northwest V. of tile Southeast %; Situate in the County of Jefferson, Sta1e of Washington. PAR.CELB: The Bat % of tile NortIlcart l4 of tile Nortllwest l4 of tile Southeast l4 and IIle Northeast l4 ofthc Southcul 'A of tile NonItwest V. of Ibe Southeast Yo in Section 34, Township 26 North, Range 2 West, W.M~ Jefferson County, Washington; Togcd1cr with IIlI casement for ingress and egress, over and across IIle ex.isting smcl nMId, as it a;isIed in M.y 30. 1997, loe8lcd on IIle NortIl!h ofllle West ~ of tile Southwest Yo oflbc Northeast Yo oflbc $outbeII5l Yo and the Northwest Yo of the Northeast 'A of the Southeast!4 of said Section]4 as delinemd in leffer10n County Superior Coon Cause No. 96 2 00253 3; , Situ.", in IIle CoontyofJefl'mon, StakofWoshington. I1JitiaJ~ KIm lnitial.M1; ROC Inilial~ uoc I. Easement, including tenns tnd provisions contained therein: Recorded: October 22.1947 Recording No.; 111947 In favor of. United States of America For. Maintain, repair, I'l:llulld, opcnle and plIIrol one or more lrInsmission lines Affects: Portion of tile property herein descn'bcd 2. Easement, including terms and provisions contained tilmin: ReconIcd: August25,1969 Recording No.; 202047 In favor of: United SIalcS of America For. Transmission line _I Affects: Portion of Ihe property heRm described 3. Conditions, noleS, CIl$elIICIIls, provision!J contained and/or delineated on the face oCtile sllMj' recorded llllder 1effcnon County recording no. 359770. . 4. TCI1IlS, COVClWllS,conditions andIorprovisions contained in lIlIeasement serving saki pmnises, as eontained In instrument: Filed: Mil)' 30, ] 997 Case No.: 96-2-00253-3 JudgmcnlNo.: 97-9.00189-1 5. Rigllt of tile state of Washington in and 10 tIlat portion, if any, o(the property Ilercin daseribcd wItlcb lies below the line of ordiruuy hlgb water of the Do5ewallips RIver. LPB 1D<n11-IJ Pop 2 oU -_.-~---.--...--. - .~ 1111111111111~~~~~~~,.. h"...m Canl)! Aud ,)Ef1:ER'SOW T1Tl..t eo t 5ilC) .......~ 6. RlsJll) of the ge1Ieral public to the unreSll'lcted use of all the waters ofa navigable body of water not ooly for the primary pmpose o(ll8vigatioll, but also for corollary pIIrp<>ses; including (bul not limm:d to) fuhins, boalins, ba1billg, swimming. water skiing &nd other related recreational p1IlpOSCI, as those walen IIIlIY affect the tidelands, shorel&nds or adjoining uplamds and whether tlMllevel of the WltI:r hu been raised oalUl1lly or artificially 10 a malntained or fluclUllling level, all u furtbeT defined by the decisional law of the slate. (Affi:cts all of the prcmiaea aubject to such submergence) InitialJ!fL KRB Initial ti ( t RDe lnitial~ UGC .--.- --_._.~- ~-._-.-. 106-390 DEEDS Filed January 13th, 1942. 96390 Paul W. ~hiele, as Treasurer of Jefferson County, State of Washington the party of the first part, to J. N. Dorr, party of the second part. COUNTY DEED. Dated JanUary 13th, 1942. Cons. $60.00. No. 3027. J WITNESSETH, ~hat whereas, at a public sale of real estate held on the 3d day of January A. D. 1942, pursuant to an order of the Board of County Commissioners of the County of lefferson, State of Washington, duly made and entered, and after having first given due notice of the time and place and terms of said sale, and whereas, in pursuance of said order of the said Board of County COmmissioners, and of the laws of the State of Washington, and for and in considera- tion of the Bum of $&0.00, lawful money of the United States Of America, to me in hand paid, the receipt whereo~ is hereby acknowledg. ed I have this day sold to 1. N. Dorr the following described real estate, and which said real estate is the property of Jefferson County, and which is particularly described as follows, to-wit: The West Half of the Northeast ~uarter of the Southeast Quarter (Wi of NE! of sEtl of Section 34,. Township 28 North, Range 2 West, W. M. containing 20 aores, more or less. And there is reserved from the lands herein descr1bed a right of of way for all public highways that may be constructed thereon by the authority of the Board of Commissioners of Jefferson County, \'I'ashington , situate, lying and being in Jefferson County, Washington, the said J. N. Dorr being the highest and best bidder at said sale, and the said sum being the highest Bnd best sum' bid at said salej ''''''';'''1 C'...., ._11..,11 .,. m..159 .~~ '.,.ot ICthn.,M ~~'J8ION'L1NE ~ T~ OIlAJlTOII, h.nSn 10 .trlld '1bat~or GIll or ftr., 'lIU.1I1. C~ aa4 I1!a L. COLI. hUlb",4 IIIlI .srl. r..r .n~ Sn ~.n.td...t1on .t tM I.. ot 1m JIIJIJlIID IIJIft - - .. - - - - .. . _ _ 110 _ _ . .. - - .. .. - .. - - - .. - .... - - - .. .. . . .. ,. .;.. .. - Dol1&,.. . (*590JX' ) I In hand paid by tho UIlITl!ll !TlTl!! 011' AIIE1\lCl. ..0ISJlt ot '1llSeh i. beP'bJ aolrriowll4t.4, honb,. 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Jo., eftt, _ ... _.. .. ................... ,..co! ., laM 100 ... c-r" Ien- ....s.-.. ~ , ........ ; j, ~ ot 1-' Sf.S tM\ U 1I14tll ........tlM .n thPee-qa.art... It . till .....n qoa.o.n. ot tbt 1IntJMu\ ~ ot BocrUtnl JlI. ~-..II1p 16 .r\Ia. Ieee 2 Weft, vw-e\'-lowUI.u, Wt~ c:o.l:1. Vuh- UIWL laW Itrip ot laad u.. III t:be 1Ill2't,IaI~ rille ot. ~ .. ',-\ 1I1t11. ... ..s.lo1Mtbt c.UJIc l'DO-too\ ricIIto ot .., ot tM '.'U-IC.M4 an..t ...iu tor 1u ....~ 1'lN.. ~tloa" ==:::_~ Joi..'''' trlill~"'W'1!Dt. 1Idd'~ 2OO-t'aO\" ni)lt'''; '",.-" ,; .t WI ...... dIoorilIe4 U tba\ IIIl't.dII ....~1Idl deed oIdeel. Oatob.. 22, ",.7, r_r4.4 U IIoat 122, .-,.169. 1Ue Jo..l1UI.'. dM4..-~ ot .... -'iF. 101~.. 1d.t11 aU. _.....,... ~_\ _......., ~ a4 - tdftUc ...... III ,'I '_.... bf 1M lIrlDtar 1d.t.h1a .a.nuc ~ ..... AdId.II1aVaUaa _\II. au"<l" .tu.! IIId ... .\ .. IInMt:r J..4l. W... t:be ~ to top ., ........,84.w... Cl- tl.-l.. C1!a> .. ..uoo pr10P " ..w:r 0Qt0 .........,'..u.o to ... ~ VIl:lM4 Ita'-..u. Itq "'- r~~.~.!I' ~_ o! _.u ...,..., .. ..-..4 . . ~ ot . o..n-, '" .. - .. ... -. l'fO lUAL IQITA'I . I&Ul8 TAX UQUl.lc.ll.u COUH'I'T T8.&A.SUI.;4 ~~ t-'t'~/;-7, - 0;Ji,.. _..:"..:\ 1....:;-"".: ;".:~:J.'-' lS.~ ;:,c..~c~:.:z.r'1 r~~. :...s~:;\ 2~:'iO~ .....;r~r...)' n'( ?O.;..::-"".::....c.;z.~l r/...... ['dL4~ '~"".~(.IJ 1:1;',)' "?,-J &ft.r'l'14 lO"",,,Cll<'.~f.\. :.nua. . ."'trOll rl'l'9~)' . =-i0Q3.' OT. ~A. ~.:A. tJ:.'.7:.t\Jf.... "t.>::~ b:.oh~~ ~G ;.:J ODoc;l7Lo"" ~"'~';lt'-I~"ro"'I' :;:"'I;ua-:..~'l.M:JIr'J: ;fO- ., .t:.......nrll:r2'a(Cu !..~.r,.. ;?6-c.;"llHI j~l' 1:.rl.:( 1JO:'~"'1"'I-J1. .Ii.. r-,.," JO~....;rrtl ~~..~ l'rY ';;':;1;' ~;.:;'::.u ot n,.- ..~t" .,;u.-'"-.:SnW'l.foll4rll Dt "-ll" ~A.<";,-I I" ,...r l'!ioU'V ~..;;:...~ .JZ a.qc o~ :'0 i;-J':A ~ IV -:.nr.roa31 ---..--...-.. ..-....--.- -......-..- .-...... . ~', : !~ . . . ; 14 .,.. 62 . -' WI. \U~5t 25, 1969 t f ~ j 1 I' I , I , ~ ! I 1 I I , , i I I , r ! t I I I I i i ; . , i 1 , i , l I 1 i I i , .. ~__ ___'-J._~ .__~ , , . i .M L I ,.~ E . t .".. t~. ,... . "'* .. preMia( ud ..... ria" 10 cl......... lit_ eI ~ Ir.Hp ds. ...... c....., o,f br".b, r&..b.rr, .ave,. ..... dn ~t,.....1d-d dw: Pre 1l:&UII'd.. ,&..11 aor be h:f<<Jlf4'IN 10 I.acIUlltIt MY Itowi.. eropt orher rw !Un; . .. 01... ,.._ .. '"- riJkI '" 'cp, !llOb .. 1.11 .U 1<0""0' oad olood eRn .... ..... (",n.cll..I, coned "-,. "1 _cd............., 1M (iNwolDf ...i....ll 10.... _.-0..._ 'ichl 010", "'lcIo _ld WI ...... 1Nc"" ~.... ene.lUI.. .,{ lite .IKtf'i< ........1" iMi1ieJ.I a..,I..W'otl .,"1bN~ ,...wo.l. . It I. ...... _ ~...- Is IooloooloC 10 .. ...w..u. -.. _ for ..h. .. .... ..... ...., ___ b.. _.... J-1 .l --w......... ...... J_ liv ..l.., .. e.u.... ,- .. SatM\ 11M ., IH - .f VI:r fa ".. AU ...,~.f \1M '-" *~ .f tM ~ ~ ..... 1,."'iai ~~ lif ~ ioomfti11e ..... ~.u.o.". 1ba1__~, 1Jo. J 'r'-NlOll u.. ItiII' et ..,. flw, o,CIftoto', lIwt. J'2'OP"V' ll.Q, t.a .oppol1" -w:r~~. . ,.1.5 ......~1d.1 fW. ~ nat.1oa U$1iSO Opp. .-nil naUoa 1.1.&.400 n.5 ......wMr11 fW. ~ na~ lJoQ4CO ~ 11M ~JIll. a..M.ae. 31. 1lIri.IIIk ~~ ~ ............... .. ...........,ol.;".{.f ~ ...;.;. ~..'~ · .IprU 2Ii I 19611, (Wft..het call... ..fA......... .......} . ". t>....9 i '111................ cr .. t'."Hr~"'''rT-'- ~." ~u~ .n.ad.ilc.. ~..f..tI..Jft'......."deefMJ4-'.ri.pe(kr...... .,.. e:.lW ......u.......... ....")..,...y IM.~ ....ala ,] ".v',aker .ul prlUAt dM,,,,, tr'ft,laa" _.... __ ~ tlNlT1If ST...ns.O' ...lIUlCtA..I(po,....._... II .. -.Nt ~...'iIW.dot. 01 auzl., _..-1-"""" _'" 001... .....uJo..... 4aw 01........ -.. .lIIl.aolry 01 ,a.lJ//ITED ST"'TES o,.wEJICA, _ po"'" ............wldol...-.__I4.potIoIotofollow..t... "-, ............ ..."". . to lIAVI AIlO to llOlJIooW _ ....rlp.. --..... UIilTEO S'l'ATU OF ...IIEP.ICA .....1.. o..i..., Ice..... ,,~"':,:"...~; :;U:"'-.f-.L'. .1:.. . ~:....I-.~~l :'; --...... ;..... . l10e GcMoio'.~ '.~.. _:.Mot iNtI... UNITED SI'A TU'!" Ail!1l1CA Ud I.. ...Ip. 1Ioo.......lId.... .Il........., _ ............~........rii1M ......,.,c..apru 'I.i' 196& ..;. ,- "'-.' ...... del. '" all ,.......~__. ~ ........'In<<TED ST~TES OF .tfIE~ .....au ok,!:. ooIcI duof~d......, addi. .A-ol.......~.oMJIoo...... ~ fi"'n.sDt'AWE~ "I"!" ....Ir ..I., n' """........ dw..._........,; 'l-'.'--r" '. .: ~I _.J M-A~L.-"""~' - ~~....... ~ ... ~ oM ~_ ....".....~ Ii-."~N""~ ~.. "1l.~.,;...1cIi. "" all ........Iaol. ~ ..... ;,....cej",.( ..". _.oM. ~"': _:t1Prt, -..... "~"'."'1; ..wI.Jou.I<Ioq.,....... -.. ~~ ~...,. ~ -r- :~,,~'T ol.....~ n...TES.DF.~~.~.....'" _,<Iod. . . ....., , . .'.' , - .. ........ '..,' ..... .......... ....- l10e ~ ~'~.~ ':"''';1lIr ~ ~.ST"Tis Dp....WE~ chi ;';'-:'i~ ~~ ..I.......,... . ...... ;" ;.;,'ioooU ......~l~......bd kolol r1....~ ,.... .. MIl"... to.':', o~":'ti...._ _ ...._ ...... of . _eo. _ .. -. 1Mi~ - door c.o.... '.In "'"'- ~ ... dol.... dw 1111. to ..w _ .......-. roo-o"'- -.... qolo.. ~""'~ .~. aM cIo.....b 01 00II ...-. _ftl. !' .....-.. .. .. -... . DoooUoI6J, /"'~ol ~/VJf .19/"1 . .." ,,/,(~~ j-~i..~ . .. . -~ . --..... ... . - - - - .... )\ , I. ,. r '''''f "'.~' 1 II .: ,,'.. 'JIooIo _. IIIH'd .!"rr"*""'.l- - .. 0 - - .. .. .. .. - - ,:ttf~~i' ;1lI"~tII;,,q a;q ~~' . . ..' ..A,.., : . \,', I ~ ,~J . ~ -!. :.li:.1H:;!':'7't IIW'l1.litLT.1' '.1"' 0,' '0 .\ _ _ ....." \up;u.t 25, 1969 () WI. ~.'1~~-L gl _.-.lu....--=-:-.:.....-._ J.;~-;.\l., fl.-; :1 o I I I r ! " ! , r , I : ( . I < , " ; ~- ~ - :;~;" :,~: ~: " " " ' , > ~~:.' ".:/ -, ., lit........,...,.. ......... 10f" ......en .u .....~.. c. ..u.,.... .... t1r.'OfCJ .:. l /~~ .. .14 - -.. -j ~ / . ""-'" IU~ II" VI4'IIMII!_1 " 't..n. ~ . "..{ ~., 0. .... ~Aa,.t "'*I"JI, 1I1.f ,.ra_l1, .~ ht~... ..j ,.. lMu.r, pubUe 111 ..., 'fA" ea.' C.""lJ' ..... ItaC., u.. .I,tlll_'" ... L ~ IIIll am... m-.a... ..... 1M tIUa. ,. .. ,.......11' - to .. 11M 1""U...t per.... .".er"" .Il ..... .... .n.uhd .the .UIllII ..... t.r...11lI lIIU_IIt &I'd .........t..,... t. ... tllaS" ....utH She .... .. ~ t... .... ub.Iltn, au &I'd d_. tOP the .... .....:,...e_.. \I....\n ....U...... . .- .'; :.~ ~ ~ '. \ -J . .'. . ~...' . -...- '" ..- lTolft M ,,4U'ic.'''1 r l... COlJlrf1' fW ~~ ~~ . I ~~- tl>a, Ilia .IUlI. _'~lIt ... ........ '.r eM ........ ... UIa .frOf., .r ~~~, I", at #,....,(... aJOlt r........ 1ft .OOk ~y .... raiiU'.f, ....arda .t~~r a.l. COU1It,. .1'-& WI ....... .w ..at or .-c~~,. &r:ns", , . .:.o~:._..."01 "'. . + "~;' O. '.~ ~t~, \~'~ . ~. ..v~. '..~< ;..: IT ~.JI#J ~--'; ~ 9,;~ I, : , - D.~wt7. ;'.'Ct .. . ........ ' ~ ....... .. L.UIII ~-;.... ~"". ..... ~I .... )Ul 1011'\..1.... 11_ ".. ----------'l0l ,........... ..... - ... . u ..' ",' .'. 25. 1969 14 64 ..",n4 Ilhr. 'M. t*'J " , -- i i , i i i l I I I t I , i I I t . i ! ; i .. I i . ! i I i I \ t , i \ I i I \ ! : \ I , ~ , i I i ! ; .. 4~.. io;",;; ~, '~." ," . .- 'p .~6 . ' \111\'III_I~II~\~~~~,~~7~~m .!e~f=!!l"!;M ~t~ p,yq JEFFQfSOM TITLE. eo I IlT 16,10 535457 ~:f.Q'" 't71Ml/:zeaB -"'11111l 01 45.. Wh.n recorded rel1lrn to: ""tIIl.eo JI. Bradford RC'YOCIIble LIving TI'1IJl d.ted September 26.1007 .nd .ny ....ndm.nts th....to r.o. Box 20451 Reno, NV 89515 *sa1d docIJnent is being re-recorded to con:ect grantee line* Filed for Record II ~st of J.II.....n Title Compny Escrow Number. 72793JMK DEED OF TRUST (For llSe in the Slate ofWasMngton only) TIllS DEED OF TItUST, Il1Ide lhis 3n1 clIy of lufr. 21108 betwwn Rlcbard D. Co<>~ alld UtrII G. Coo... busb.nd nd wife, GRANTOR. whose addra! is PO Bo. 216 . BrlnDOn, WA 983:zo. J.lIen<J11 Title Company. 'fRUSTEE. wb090 address I. 110S WQhlngton Slrcct, PO Bo. 256. Port Towase.d. WA 9836B 8DIf JallllM1 II. Bnlllford Rm><.b~ Living Tnm d.ted September U, 2007 ..d .ny .m..dlll..U J~bttetD . mm. menb l.i'~ ' . thktn II. Bradford, Tnlltee BENEFICIAR.Y. whooe addresS I. . P.O. Box 20451, Reno, V 89515. WITNESSETlf: Grontor hereby bBrpins, ..U" end conveys III Tru= in trust, with power of SIIle. the fo1lowinil d..lcrt1>ed ",el property In J.lTenon County, Wubinilto.: Abbrevimd Legal: Ptn SE 34.2&-2W PorFuU Log.I S.. AU.,bed Exblblt "A" Tax P~l Numbert.): 602 34401 S, 602 344 023 which ml proper!)' i. not u.ed principally for ogrlcu"u..l JlW1lO.... 109.ther with al\ lh<: ~emenlS, huedilanleDlS, alld appurte...ce. now or her.after th.reunto belonging or in any wi,. BJl~ertaining. and the =ts, issues, and proms of Ih. pmpert}'. This Detd ofTrust u for tII. pllI1lO'. of sec:u.ring perfonnance of ollCh agreement ofOl'lllto. herein contained in litis Deed of Trus~ anrl payment of lhe sum of SIXTY FOUR THOUSAND EIGHT HUNDRED AND NOIlOO Dolhin (S64,lIDO.OO) .with inlmst. in IICCOrdanoe with the termS of a promissory nOle of .v.n date herewith, payable to Beneficiary or order, ond made by Grantor. 2JId all renewal', modificatione, and eXl<nsions of the note, and also such further .ums .. may b. adl'lUlCM OT Joanetj by B...ficWy 10 GrBIItor , OJ any of the Gl'IlItor . """,,,sson or ...igJU.toge1her with inteml thOTeorl at the ..te agreed UJ'OlI. DUE DATE: The ..~re balam. of the promissory note ,.cured by this Deed of Trust, togethet with eny and ell inte....accrued thereon, shall be du.and payable in full on July 10,2013 To protect the security oftbi. Deed o!Trost, Gnmtor covenant alld agree: 1. To keep the propa1y in good condition llIld repair; to permit no waste of the pmpert}'; 10 compl.te any building, sIn1Ot1lrO. or improvement being lr.i11 or ahout to be buill on the proporty; 10 resI.OrO promptly any building, ItruOt\ll1:. or improvement on th. property which may b. dameg.d or dastnl)'Od; and to ""'"Ply with all ls.ws, ordlnan~ regu1adons, covenants, tonditions, and restrictions affeclmg the pro-perty. 2. To pay before delinque1I! all/awful taxes Ol1d "'....menLs upon the properl)'; 10 keep th.rropert)' free and clear croll other chargts, He'D" or encumbranc.e:; impairing 1hC' security of this Deed ofTru!t, 3. To keep all building. now or bereafter eret1ed on the propert}' continuOll.ly insurtd .pi... Iou by fire or other haurds hi an lIDOunt no,I...1han the IOIllI d.bt sooorod by tbis Deed ofTrust. All polici.. shall be held by the Bonef"'iary. ODd be in such ""mpani.. as the Bel1<ficiory may IIJlP1'lv. and have loss peyable first to tit. Beneficiary, as its inl....t may appear, and lh<:n to the Gran'or. The amount collected under any inSlnOCO policy may be Il'plied 11JlOn l1l)I indebt.dness .toured by this Deed of Trust in su.h order" the Beneficiary shall detennin<. such application by lh<: BelI.ficiary ,bell not cau.. diJcontinuance of Illy proceedings to foreclo.. this Deed of Trust. In the event offore<losure, an right5 of tho G..ntor in ;""urance polici..1hen in forc. .hell pass to the purehaser lit tI1c foreclosure sal.. LPB 2lA(l-I) P.p:laf4 flli"lnIBI~III:..~~~8 J.ne1'.Clfd:ounty ~ ~ TJ'Tlt co lM/28/~ff;43A /535457 Ip...: 2 af .. 17Jt8tale 1': ISl1Q OT 46." 4. To defend 811)' 8CIlon or proc:eedlng purportizli 10 l!feet the securl!y hereof Dr the rlgbt3 or powtn of Beneficiary or Trustee, and to pay all costs and cxpen..... Including C05t of title search and lIlorney', fen in I reasonable amount, ill 811)' JUc1IlClion or proceedin&. and In Iny ...it bl'llllghr by Beneficiary 10 foreo1oae Ibio Deed ofT",,!. 5. To pay all cOlt5, fees, and expenses In comeclion with l!1;, Deed ofTnut, lnoluding the ""J>Cll'"' of tho 'J'NJ1ee incumd in enfon:lng tho obllpllon JOe1Il'Cd by thl, Deed of Trust and Tl'Wlee', and IIlOIIIOy's fees BtluaIIy ineum:d, ... provided by sl8lule. 6. ShoukI Or.ll\1Or fBi110 pay wilen d... illY taxe., ...seumonb, inSU!llllne ~Ium., liens, alCumbnlnnes, Of other chll'geJ againJl1be prnpeny. Beneficiary mlY pay the SIIIle, and the lIl'I1OUnI so paid, wilb Intmot 11 tho _ setfoMh In tho note secured by this Dud ofT1UJl, .ball be Iddedto and betomo. JlI!lofthe dobI S<<IIl'od in this Deed of Trust 7. DUE ON SALE: (OPTIONAL - Not appliCtlb/. >mIa. Inllia/cd by Ora1lt'" aNd B01IefIclmy) The pnlJlOIIy deJtribod in this scturiry irutrumenl may not be S<lld or tranlIferred without lhe Beneficiary'. consent. Upon bJadI of this provision, BCIlOfloiary may doclaro III .ums duo under tho note and Deed of Trust immedi.tely dllO and payllble, ""less prohibited by applicable law. oMt-_ _ 'LLiI~ ,1/IJ_ _ _ ROC Onmlor (initials) UGC KRB Beneficiary (Initials) IT IS MU11IALL Y AOREED THAT: 1. In th. ....1 any portion of the property is laken or damaged in an eminent domain proceeding, !he cnllro omOllllt oflbc lward or sllOh portion u may be.....SIl}' to folly satisfy lbc obligation JC<urod by this Deed of Trust shall be paid to Beneficiary to be applied 10 said obligation. 9. By accepting payment of 811)' sum secured by thi, Deed of TlUSllfter it! due date, Benoficiary doeo nol Wllive it! right to require prompt payment whon due of all other sums S<l SCClU'ed or to declare defilUk for I8ilure to so poy. 10. TheTnmeeshall......nvey.1I or onyplll oflhepropony ~ bythi! Deed of1'ruJtlDtho ponmentltlod thcmo, on writlcn request of the GJIIllor and the Beneficiary, or upon SIlisfaclion of tho obligation secured and wrltlcn request for reconveyance mad. by the Benefreiary or the person emilled thmto. 11. Upon dofa"h by Gtll!Ilor in the paym.nt of any lnclcblodn... lOoURd by Ihis Deed of Trust or in the perfonnance of any agreement conl8incd in Ihi. Deed of Trust, all sums SCtured by thl. Deed of Trusl shall Immediotely bocome due and payable lit the option of tho Beneficiary, IUbject to any CUI'O period pmvided in tho DOIC sccur<d bytbi. Deed of1'ruJt. In suoh event and llpOn written requcsI of Benefre{ary, Tnut.. .hallsen the IJ1Ist prnperty, in acoord.,." with the Deed of Trosl Act of 1he SIlrlc of Washington, at public IlIClion to the highest bidder. Any penon exccpl TnJS10C may bid II T.....teo's GIlle. TIUSlee ahall apply the JII'<K'Oeds of tho1olle .. fullo",": (I) to 1he ..ponse of the 0&1., includjn~ a I'CIIaOIlIbIo T~" fi:e and at1orney's fi:e; (2) to tho obligation second by this Dead of TNSt; and (3) the aurplus, if Illy, .hall be distributed to tho persons entitled lhereIo. 12. TNSte. shall dell\'er 10 th. purchaser at lhe salo it! deed, without _!y, which .ball convey to !he purohascr all right, tiIIe and interoJt in Ihe real and personal properly whicb Onmtor had or halIlhe power to <OlIver at the time of the e.otlllion of this Deed of Trust, an<l such u GJ1IDtor may have a<:quiJed th.....llor. Trust..'. deed shall recite the tllcts !bowing IhI1 rho sale wo. conducted in compliance with all the requimncnts of law an<l ofthl. Deed of Trust, whleh reckl! ahall be prima "",Ie ovidence ohuch compliance ond concl",iv. evidence Ihereof In favor ofbana fido purchaJor and CDC\IDlbranoes for value. 13. Tho power Dh.lo confmod by this Dced ofT_ and by lb. Deed ofTl1l!1 Act of the State of Washington i. not an ..elusive remedy; Beneficiary may caUJO thi! Deed ofTrust to be foreclosed IS a mortgogo. 14_m the event of the absence, death, incapacity, diJabilily, Dr resignation ofTnmee, Of lit lb. discretion of lb. B<:ncficiary, Beneficlluy may appoint in writing a .ue....... lruJtee, and upon the recording ohlJCb appointment in !be martgogo recorda of tho "".nly in wbich Ibi. Deed of Trust i. reconled, lb. ..c....or 1rUOtcc .ball be vOSlod with all po..... ofth. ori&inallnl!tu. Tho lrustu is DOl obligated 10 notify any JlIlly hereto of pending ..I. under any other Deed of TIUSl or of an lIClion or prooooding in which Grantor , Trustee, or Benefiolary man be. pel)' unlaJ .uch action or proocodlng Is brought by lbe 'frwrc.. 15. This Deed of Trust applies 10, inllrC$ to th. benefit of, BIld Is binding not only on the JlI!lics hereto, but on hWhcrltbeir heirs, devisees, l.gatooJ, adminlSll'ltors, .....ton, ond usigns. Th. term Beneficiary shall moan the holder and owner of the nol. secured hereby, wbo1her or not named IS Beneficiary herein. 16. ADDITIONAL TERMS AND CONDmONS: (check one) .. x NONE OR Ll'B 1I-illl1.~ 1>1I!t 2 of4 \535457 P....: 3 Dr ,. e1frl'U21llN Ud~ OT 45.N b. o \111\l111~,~~~~~~~'~"~ J.n_rllJ1"l C~1.v;u:l JV"FER$OH As set forth on th. altlIched "Exhlbil A" which is incDl]>l>l"aled by this reference. (Note: IfneitbcT"a" nor"b" i. cheded, then option "au applies) Dated: JulY 3. :l.00ll /~. /n.> ~ (],O?-u. . Uerla~~\_1/1J1111 ,,$-\'~...."NY SA. "l//.. $'~~' ~;...-% "" cU.. ,,'So '" ~ ~ ~~ \ S ~ ~~ ":";',~'j" STATE OF , J %~ /Je::/.,/'! COUNTY OF I ss: '%.~ ~Vv 5'''~r;,.,# 1',1. ,., 'P ~ 'III/ \\\\~ [ certify !hit f know or h..... sallsfat101')l evidence lIlot Rkblnl D.l!MuI!l,\~Dd U.rlo G. Coon. i~)w;/ d~'Yt9 hard D. Coone are the pmon who appcored before "'e, and said pmonore ocla1owledged thai tbey signed Ihh insl1lDJlent.Dd admowledgc it to be their free and vDbmlllry act for the we. and purposes mentioned in lIlis instrumenL Datc<l, REQUEST FOR FULL RECONVEYANCE Do IIOlrtcOrd. To bt /IUd IJIIly.dUl "Old.du" paid. TO: TRUSTEE The undersigned is the legal owner and holder of the nole end all othtT indcbtc<lnw secured by the -.villlin Deed ofTrust. Said note, togclhr:r willl .n other indebtl:dncss >tOured by hid Deed ofTrust. hi! been fully paid ond ndsllcd; and you are h...by reque...d and di1ected. on pll)1D<nl \0 you of any sums owing \0 you under the rerms of said Deed of Trust. 10 cancel sw nole above mentioned, ond 011 other evidences of indebtedness secured by said Deed of Trust dclivc",d to you herewith, together with lIle said Deed of Trust, ond \0 reconvey, without w.rranly, tollle pIl1!esde.lgoatcd by lhe!emu of said Deed ofTru",.1l \he cstJlto now held by YOll thcrcund<r. Datc<l LPB Il""(i-l) 'P'qt 3 af'4 '. . . 111111111111:~~7t~'3. EscrowNo.:71793JMl. .."...... c-ly...... JUmIICH TItLE ell t Dr lit eo 535457 PIG.~ a of _ 111881201f U: I~ DT ....H EXHIBIT wA" LEGAL DESCRIPTION PARCEL A: The East y, of the Northwest y, of the Southeast 'h of Section 34, Township 26 North, Range 2 West. W M., Jefferson Coonty. Washington; . Except the East V. Northeast y. of the Northwest \4 of the Southeast V. and the "Northeast Yo of the SoulMasl J.I of the NOI1hwest \4 of the Sou1hcast Y.; SitlIaIc in the County of Jefferson, State o(Washington. PARCEL B: The EllS! % of the Nonheast!A of the Northwest Yo of the Southcsst Y. and the Na1heast \4 of the Southeast l( of the NorthWC$t '& of the Soul!least '& In Sectlon 34, Township 26 North, Range 2 West. W M., Jeffenotl County, Washington; Toge1hcr with an easement for ingress ll1ld egress, over and IlCI'OS! the existing gravel road, as it existed in May 30, 1997, located on the North V. of the West V. of the SoU1hwest !A of Ill. Na1hwt '.4 of the Southeast '.4 and the Northwest II, of the Nonheast '.4 of the Southeast '.4 of said Section 34, as delineated in Jetferson County SUJlCTior Court Cause No. 96 2 00253 3; Situate In the County of Jefferson, SllIle of Washington. StntmIinc lzP' D::seriptica. Exhibi! "A'" A.rv. 2J4flOO6 ':SI:OO ~ . 333.54' '- , , " SAND , , "- " 12344014 /2 W1/2 NW SE BJECT TO BONNE PW SE / 333.36' / / " NB91l0'31"E 667.07 602344015 NW SE (E 3/4) LESS TAX 34 SUB TO BONNE PW EASE / BAR "- , , '''-,/ / '-'----- / / 1000.08' / 602343003 SW SE (LESS E OF RIVER) I ms sKetch is not based on a survey at the property. I t is furnished without chargl courtesy of Firs I American Tirle Compal1Y. solely for the purpose of assisting in locating the said premises. It does not purport to show all roads or easements. The company assumes no liability for any inaccuracies therein. 333.54' 502J44023 TAX 34 7.50 a. / "a/ g ~ / / '" "! ~/ / 602.344009 . TAX 43 S/8 ~' ~, 0- / '" co ..; .., .., in '" '" 332.75' 5023<<00 TAX 32 ~ /lfJ1E{[;OI!llIf} OF $UnWIEJY MLA11 00184/ SUBl1-000lO fffI/J'!fN/l/#l r/JflE /#IMP 11/4J OF r/J=(JE!$E 11/4) ({)F ~IECr!f[)W $4 1. 2$ #/lp I!1L 2 llff,p &W,N"p rJIEFFIEIf#!$(Q)/ii! C(JJ(fJ/ii!~ M'!,/J!$f}fJ!/ii!@r(Q)/ii! FOR: ___r_fJON COC/N7t'LAND 1'R!JSr CUlDCIlIM1tlrc:al'l'l!J' ( .ilrU.,..CSlt.1I tJt-.--.--.--.--. , I I i ! I I i I i ! I I i ] I I I ] i , Ii ~ I ;, \,' ~: . I ! I I I I , ] I I ] , ] I i ] i , I r iCOtlDl'mIIl1~~ L __ ________ .5 IFOI'Jr c J3J.Qjl = 1Ifi5".." lU? H mrn" . .",,,. --- ------ P ARGEL A 9.84 ,ACRES ...----...._-..... ~ \ WltADr:JF~ \ "'KII'ASYN'f'DltW \ 5-r7-2Gn ;.IIJ ~-2Ol1 ',~~~~ '\ *"' ;J(llIt$hUl'3. ", --, ,; ~ ~ PARGEL 8 lJ.09 ACRES !" antw.( m~ lEGEND o FlUG.,..~~rs=;:~:ot~'WrM~~ ~~a.~~JCfI. . ;a,.,NIlJ~Off-.:rlln>"l/r~~..~~1te' f:'~'~lf::~~ 1G-1IlICJ ru.tI) ~ ~ 04 !41~:otI.lr ......~1. ,It":,r:'.. ~ ~ .. f'US1ICwsrAlRP~l"~~~7J..~ ,.,.5't"'I."'CQIl:lS~ . ~w $rn "" "'I~I . ....t...,:!"l'1, ~;r jI[MIl ~ ,JUM'1Ut'S,0t.A5 ~ ,. JiIJfttl~P\.S2Ulo' vt.I'VH (.U(JNll'AUUlIUlf AUMnR'S cF'RTlFlCATt . fUgn1tff/lrnJlfDJ)D_~U ItY____WIOCIl'-rT.$LfM1'S"ATP,l1% ,orntr:lW'OlP1rTWPP.D~AMI~CD. ........."'..- '"'' ..",..".. /tonE:ll'lJ.fTSU~~ _~_~'lr....~.~_._., "'.. WW"3t'Tr"., fPJ..h ~~~~ cQlItEMD&I.1IW1JMlIJ; JIiHJCH ~WMi'(8COf <<WS1ln.ICl(p 1€1'IIQWftU'lD ......... I I i I 1 I ] J i I i I , J I J I , r ] I I I ~Al I ] I ] 1 I r I j J ] J , , 2<0 ~ ! p . 8 ~ ~ o 2; g ,.- '20' ...- o 60 110 SCArL IN FETI \ I I , I I t \_~~~.>.. '.... .. ", " " ~ \"~\. \. '\ , '\ "". Jo. $ ~m~"z.. ~ : 1M. \ IlXl.'>>' ~ft 3: ."fr/W ( .!!:l.5lI s N.Ift'J~. C J.!I7.n "'- t ms sKetch is not based\on a ;UiVeY'Ol a>o<oI the property. [t is hJrnisl~~ without chargr courtesy of Firsl Americairri'fe Company. solely for the purpose of assisting in locating the said premises. It does not purport to show a II roads or easements. The company assumes no liability fo any inaccuracip~ th>rp;n. SHErr 2 dl :3 WENGLER SlJR.VEYJNG 4: MAPPfNa rn f 703 EAST ElGHlli STREs1' ?Gin' ANGELES. WASHINGTON 98362 (360) 467-9600 FAX (360) 467-9556 .w.rt~ rrt.N&Ll:R. I".L.5. .2~4 WlrW. wengJersurveying. com 5.J.<< 176N R2W ~ /.JOTroSCALE SURVrYOR'S CFRTIF1CATE: J')G iW OOIRrn.T~A SI.II'I!'f YQ''''W CllIRlPDl Wf/lllltttTlClH"~lIIfrHMnOtJllmlCN7JrJ'rwr $l.IIMYilf~!<CT"T7Hr'tOWn''''~t'fltWTY l.4'<<lf.ll'VsrJN~.~11. EXHIBIT D Preliminary Survey 11 /f(J/E({;(j)/f(J/lJ) (j)fF ~!!Jlf!Jw/E)f M!Al/-00184 I SUB//-OOOIO {};{V;TH&w TH/E i1wTf'J1 11/4/ (j)fF Tf!1/E ~/E 11/4/ OfF ~/E({;T;rt)JN:JJ~ 7l: /1@ Nop /ffi, /1 rf'ip MPaJ~ffop J1/EfFlF/E!?J~O#1I ({;rt)J(fJNTr; flqp~~f!1;NGTON r()}-.1!; "j!Jif~FiI;"ff!:g({)M (;@(il'il/lJlr:fL;iJJ;:/)!/) ?/'0J,tj}$1' 2627 II 8970'(U" [ 2!iZ6.58 " , . . 1oJ(J/;/JI-IWF":';T rrJRNFR 'iFCnON "W FOUND: ON .5 17-2011, 4" J( .," CONCRETE POST ~1Ii />jA'L PRO'€C'ffl/G Uj fTET A8011E mE SURFACE:. THIS ItICtJU),j[NT WAS SET BY THE .JUTERSOO COUNTY a/G/NCER'S omcc f'ROM I BEARING 7RET AMi IS SHO~ ON AN UNDArrD LAND CORNER RECORD (VlJ) OH nU: Mrl-i mE DfPARTWfNT OF NATURAL RESOURCES, 0.. rMPl". WA NORm O/iAlHFR CORNFR "Fr:71ON ~ i.Jof room ON 5-17-20j1, 2' GALYAAlZEO I IRON PIPE 1\111-1 A 2 1/6" /JLTAL cAP I ST::tE~C:'~ ~ %~:g"v:,Ar:;t ~~:,~~ I AND SE1IfB~~d~2-zli't~~ON;t~%:::~ I 8EARJNG fREE ANO IS SHOWN ON LANf) I JEFFrRS~ORNJ:5N'i{C';f ~-~E r::~ RiH~ / DEPARTI.lENT OF NA ruRAL RESOURCES, I OLYMPIA, WA. J I I I I I:;: I~ I" I,. I~ I" 18 , I , -;:- Ie! a ~ ~ 1"= 400' ~ " ^ ...- o lOO 400 SCALE IN r[[T , BOO lIf"ST rJlJARTF"R r.iJRNFR <;FC1IDN ~4 /CAlClJl.AmJ LOST CORNER. SEE CERTIFIED RCCORt) OF LAND CORI/DI MONUMENTA TlON W-X-IJ T2610 R2W..fHfRSOh' COUNT'!'. WA PRrPARED BY PAUlER L I-IANSE:N PLS. Oh f1I.E ~TH THE OEPAAT/tfENT OF HAWRA:. RESOURCES. ct YMPlA. WA. ~CH STATrS'n WAS DlSCO\lf:RE:D Tl-/AT THIS POSHlON FAllS ON. OR snow. A \If:RllCAL CLIFT ~ICH FALLS AWAY INTO THE OOSfWALUPS RIVER' " LA:rJTlJDJ!: ~ LOHC;JTlJDE .. CONVO<.GENCf: ANGL!1: '" Sc.u.E FACTOR '" ELEVATJON FACTOR '" COMBJNElJ FACTOR '" ~7. 41' 36.543556" 1:<2.55' 36.l75156" -1. 33' 30. 8~ 0.99995953 0.99998Q74 0,99995027 1KJl<l'1I (NADB3/91) WEST (NALlB3/91) FA'>rOlIARTFRNlRN'R'iFOlrll.'14\ fOOI/o,CWS-16-2Gll.AJlj."Bl.N 1 BRASS CAP SET IN CONCRETE 1_0 n. flhOW 1 !HE SVRfACE. STAMPED IIlTH me Af>PROPRIATEMARl<:l/OeSANOTHEn:AR 1983,. \ 1 THIS /,W','UMEN! WAS SET Br mE UNiTED I Bu~~~JSJr'c'~Of),fJ.z.rAgf~~ '~~/i'~ I D[P[NDENTRESURVEYOFSECT/ON3S, aECIJTEDBYALi3fR1C.~TE.CADAsmAL \ I SUR\.f'YCR. WIn; THE PLAT BONe APPROVED 1 ON NO'>iEM9f:R :n, 1~,U 1h9'l6'~."E 58916'55"E S""'~'<s"'''' '" J. n,-.oJ u", ~-' " ...B91702E _~8g2?::':"!...:.JJ~J~ 1" -'..0 J32.IlJ JJ2!JJ JJ2il~- I I: r;:? <()I~ !'''ll .1 ~I""': :;1 :~ 3 31~ ~ ~ ~I 'w~ ""'''lli -"',,. "en", " " ". FO/..!NO ~ 5-16 2011 A ~ 1/2" IRONl . 1 1 1 "'IPE ~TH A J I/~" BLM BRASS CAP ~ --b STAMPED I\ln; me APPROPRMfr MA'?KINGS \ 0 L _SJ!9:!.J.5!!....~. S89~'O!:r S89'2.."~E AND lHo YEAR I~6J TI-/IS MONUMENT WAS "-> I 55S,!I<' JJ2.~1 JJ2!}1 SET Br n;E UNITED STATES OEPARn/ENT ~ .., "' O:A~~EJ~'JR;':Cf1B~~A~f~N~~ ~ I .... ...i~ ~ ~I RESURVEY 'Jf'SECnOO 55 EXECUTED BY r.- I;::. ~ ;"1"' .., "1, ALBER! C \\HIT[ CADASTRAL 5URI-EYW 8 I"; ~ ~~~'J7"E SIWtW4,"[ 1Il':'H !HE PLAT ~g~M;:~Rf~~9l1 <-: ~ 1:;5 8 gl~ .332.95 .:;i JJ2_95 ~ ~J '>: ;:I~ l~ ~ ~ FJJ~;';"E S8~:'E S8~:;~'E S8~~;~'C '" - ~89~7.!2~r _l~' ~ - - - -['0: ~ i I. ~ 1 181 w' I ~ ,g I I' I~ 1 Ig ~ I F~::dm;:,:-~~~;~~. <;~-~~ ~~l I ~ (1 ~ 1 COOCR[1f: PO:';! l;UH A ;;;" BRASS CAP 0,4 \ " ., ~T BELOW TrlE SclRf'AIT STAMPED I\!Trl 1 1 APPROPRiATE MARKINGS. TlIISMQNUMCN! \ N I HAS BEEN ACCEPTED BY THE UN/TOO 8 I STATES DEPARTIoiEN! Of' THE INTfR1'JR, \ ' II I D:~~r;g.p';.E~t~D\'f~A~~l~l,t~ I EXfCUrrOr:lYALfJCRTC, 1lf-i17r. CADAS7RAl \ I SUR~'rOR, 1\!1H /}I[PlA1BEING J4 APPROvrO 00 NOVEMfJER JO, 198J S8916'3(;"[ 2.5.94.B4 -- ~-'----_._-._- '" 8 ,. ~. . <;DlJ11-I OU,6,RTFR CORN,1i: <;,(:710/./ J4 sn, ON 5-14-2071 A :>jB' REBAR WIn-l A J V.' ilLUMI/OU/J CV'. CAS! ItHH ""'HGlER SI..!RVEY1NrJ AND MAPPING PLS 2fiJ04-: AND STAMPED I\!TH THE APPROPRIATE !.iARKI/OGS AND !HE 'rt"i',R 201/ ALSO FOUN~ ON 5-''''-l011. A 1/2~ ,RON PIPE PROJECTING G,2FT. AEKlVE mE SURFACE \\1111 PLASTIC CAP S1A!.iPEO "'SIIIFT 61U" SAID IIONUMENT OCARS N O. 19' 19" II' J. 7J FT. FR04<l me. SET IJONUMEN.r. ALSO FOUND AND NOT ACCfPTfO: ON 5-26-:WII. A 4"X~. CONCRfTf POS! \\1m 1/2' SOLT PRO,JfCTlNO ~5 Ff. IIBO\'E' mE SURFACE. fHlS MONt.IMrNT WAS SET SY ARTfjUR G WARD, Pl.S 2JQ:9 IN JUNE, 196J AS SHQIIN 00 /.lAP TlTl.fO .DOSCWAWPSSTATfPAR/( fJOONI).4RY SURVEY" OF SEC..2 d<.1 T25N R2W ll'./r/. .SAIP I,!)J>WAS OffT...iNro fROM KEN GRAHAIol OF mE DOSEWAWPS srA IE PARI<. SAID Ir/CNUMCNr OCARS N 74....7./1"( 12.2-'1-rT. fflOiJ 7I-fE:SH/oIONUI./ENT_ FOR ADD/1/ONAL DISCUSSiON 'lEGAADII-/O mE SOUTH OUAR1rR COR.'If:R saNDTE 6 ON SHfET J . " . " r I . I II I ,()IITNWf'!';TCORN"R <;Fr.mw "'- rOO/fa: ON 5-25-2011, ....)(.... CONCRETE POST 111m 1/2. saL'ARE BOLT. F/..US/-i /11m SURFACE_ TrlISIiIONUMf1JT WAS SET BY ARmUR G. WARD. Pls 2.109 IN JUNE. /96J FROM 1 HE1tILOCI< BIOARJNC mEE AS "SHO\\J,,' ON !olAF TlTLEO "OoSEWAWPS STATE PARK eWilJ...RY SUR~ Of 5('C. 2 d< J T25N R2W 11'.1./ SAiD UAP WAS.OOTAI"iEO FR()I,I KDiGRAHAM OF 1HE OOSl'WALLI?S STAlE PARI': ".... . , 586'...7'.8. E 2547.B2 568'57'0..E1JJ2..54 S /38'5rl}"r 1.132..56 " , , SHEET 1 OF .3 SJ4 T2f3N R2W ,5] NOT TO SCALE DcPUry CC.UNIY AUUIIOK SURVEYOR'S CmTlFICA TE AUDITOR'S CERTIFICATE AUDITOR'S n~r NUMBER ~'AMl:.S WI:Nr..Lcfi. j->,L.S. 26J04 WENGLER &U!R'l/JEYfJffifG & MAPPING co. ~ 703 EAST EIGHTH STREET PORT ANGELES, WASHINGTON 98362 i (360) 457-9600 I FAX (360) 457-9556 www. wenglersurveying com nLLOfORRECOROJHIS_OAYOr .2011 AT_.M,INeOOf(_OfSliR\'EYSATPAGE~ Af THE RCQiJEST OF WDiGLER SUF?VEYJNGMO I,I,4PPING co THiS I.MP CORRECTLY REPRCSEIITS A SURYr:Y MADE BY Mi.' OR tiNDER MY DIRECTION IN CONFOR/AA},'C;: WITH THE PWUIROlCNTS or THE SURVEYRECOROJNGAC!AT1HCRf:OUESTO>JEr,E:RSOl<CDUIiTY LAl-iO TRL'ST IN JUNE. 2Dll (CENTER QUARTfR CORNER rit -. - ~ 8~i:::6~E ~J.2~84_ r I I I I I I I I I I I I I _---_ I - I I I I I I ~I ~, ;, ~~ ~I 8' :rCEJ,iTfR soum S<X/ITNm C<JRNER L_ __ __.__.__.__ SIWOS'j7'EJJJ,OS LEGEND o . .. AUDlTOR'S GERT/FICA TE: nUD FOR RECORD THIS ~(lA,y OF . 201 t AT~.MiN800K~OFSI.iR,'EYSArPAGE~ AT 71-IC" REQUEST OF WEN[;lER 5UfNfYING ANOIMPPING CO UU-"JIY C.OUNIY AUDI/UH AUDITOR'S rilE NUMBER 1!!J/fIrt:(j)1!!J1lJJ (j)F /fl(jJl!!?JPI/fI1J7 MLA/l-00184 / SU811-0001O W/l!1/f/J!llllI '!f!#l/fI NW 11/4] (j)F '!f!#l/fI /S/fI 11/1$ (j)F /fl/fIC'!f!l@N J( '!fa 2@ /Mp R 2 [J::Plp [MVu<<p J!IEFFIE!!!J~(j)fll rt:@(jJlN'!f~ WJiJ~!#I!I!/I!!([2 '!f@~!f .:sftJ1t'W;' .;'i~:;Ni,;7f;iff?[gt)P"l! C(j)g'/!/:r/~;YI btj1Jl~Kt 1:~jj:!1r SM'4!j'of.fI" W [ 21.)7 Ii 89'4'24~ II' N 89'1l6'J7" W N ,89'Jl'rr- w JOO.16 ~ 224.49 lIS,~ FENCE: (iN DISREPAIR) CONSISTING :> OF a.a CEDAR FeNCE POSTS wm-, ~ ~~AR~'ke~TW ~[';f' lIHlCfI rx>>IS1RiJCrtD BETWEEN FOUfiO MONUlJEN1S. r CENn:R EAS1 SIXTEENTH CORNER N BSU1O,J" II'JJ290 / - --------.. FOUND AND ACCEP/UJ: ON 6-07-2011. A 1/2" IRON PIPE:, sn PER UNREXOIWED SlJR~Y PERFORMfD BY JOHN 0, SIIIFT. APRI/.. 1971 ON FILE IIml mE OEPARWENT OF Nl>.rlJRM. RE$0'-'RC[5, Oll'MPIA. WASHINGTot.I FQ(mD AND ""CCEPfW; 0"1 6-08-201/, A 1/2- IRON PIP[ WTH s,m'Yn'OR'S PLl>.snc ClIP STAMPfO "SItlFT />122- sn PER VOLUME J OF SLIR\<f"S, P4G[ 12J, RfCQJWS OF JEFFFRSON coulln ~ASHJNGTON ,,"OUND AND ACCEPTED: ON 6-07-2011'" 6-08-2011,5/8- REBA.'I \\ITH SW/\<fYO/i'S pt,;,snc CAP ST,;,MPED -NT! NESAR)' lS 22,344' SET PER VOWME 14 OF SURV[\'S. P';'GE 161, RECORDS OF ..cn'EPSOO COUNTY. '/f,.,SHJNGTON. SET; ON 6-1,3-2011 .t 6-14-20/1, 5/IJ" REBAR I\lll-/ 5UI?I'[YOR'S PlASTiC CAP STAMPED 'lI["NGUR PlS 2~J04" PARCEL A 9.84 ACRES . . B \ \ , '- ANO me BOUNDMY BETllUN " PARms "A. ,.,00 "8', SEE '''-"NOT[ 7 ON SHEET J. .0 ~ . I" 18 ,- " " ,e 18 I. -~ ~ ~ \ \ \ APPROXIMATE UIIE OF /"" (jRDlIIAI?Y fJ/GH WI'. TEl? OF " THE DOSEWAWPS I?II/f:R AS " DETERMINWSYMAPPINC '\ TH[ YE"t>fTATlON LINE ON '\ 5-27-2011 AND 5--JI-20l1 \ \ \ I I I , I I , 589'09'41-E ,3,32.lIS \ 1J611 \ , \ , "- " " "- '- ~ N 0 N " .~ ,."" 120' ...- o 60 120 SCALE IN FEET PARCEL B iJ.09 ACRES 5 89"29'08" f,328,5S S8910'.:;9"CJI2.S9 "- SOU1HEAST S,'XTE[NTH CORNER (Sffl\01[5) SHEET 2 OF 3 SURVEYOR'S GFRT/FICA TF ;::- "" a ~ i:: '" 240 5J4 T26N R2W ~ NOT TO SCALf THIS II#' CORR[CTLY RfPRCS/:f'/TS A SUR\lfY IoWJl" BY ME OF? UNDER lIY OIRECTlDN IN CONFORMAACf wrrH mE !?[DlJIf?fMENTS or THe SIJ.'NIT R[CORDING ACT AT rJ-li: REQUCST OF J[FFffiSON COUNTY i..AJID THt.'ST IN JVNi:. 2011 WENGLEffl. BUJf?VEJfJ!NG & MAPP/lNG co. ~ 703 EAST EIGHTH STREET PORT ANGELES, WASHINGTON 98362 Ip,\ (360) 457~9600 B FAX (360) 457~9556 -a l'rww wenglersurveying. com .iAMtS WtNr;LUI, 1-'(,:' 26J04 1l1J1ErI:(}J1!1J1!) (}J/F $(ij!l!1JrflEif MLAlI-00184 / SUB 11-000 10 wl/rl/7Jl/w rl/7JlE WW flit#) (}J/F rl/7JlE $IE flit#) (}J/F $1ErI:rl/(}Jw JJ~ l:}@ Mp R :} [J41lp [!ffo.p rJlE/F/FIEIl1J$(}JfI#1:(}J(ij!Wrr; WAJ ~HI/WG r(}Jllj NOTES 1J:if)'IflZ:' r"jgrt-~~~t~'${)l"i!J COl!Jlljlll/!1C7 LU11IrV')J Y{ti(!JIS1/ NOTES (CONTINUED) '.) DISTANCES AND EKAAINGS SHOllfY rlff(fOO ARE BASW WON THt WASHINGTON COOROINATf 5YSTn.. GI?IO, HORm ZONE, HORT/'( ~M[f?ICAN DA7l.iJ./ OF 198.J, '991 ADJ.)STMENT (NAD8J/9j). SAID DATUM WAS OtR1\'fD FROM DES TO WASfjINGTON Sf A rr OfPARTlt/ENT OF mANSPORTA TION (;PS COHWO!. POINTS GPI6JOI-6AZ, GP16101-6 AND 151605- ALL DISTANCES SHO~ HEREON HAy[ BUN REDUcrD BY AN AVERAGE COI.IfNrf€D SCALE AlW f"lLI/Anew FACTOR OF 0.999959. TO 081""1'1 GROUND D1STI4NCES MULTlPt.Y SAiD DISTANCES BY 1000041 2.) 7l-IIS SU/?IIEY DOCS NOT P/JRPORT TO SHOW THE EXISTENCe OF ALL EASE,.,rlVTS AND OR [NC'JlI8IlA/'lCES RfC~DED OR liNRfJXIRDfD Tl-IAT MAY AffECT 1/-11$ PROPfRH, J.) 7HIS SURO'rY WAS PERFCI<MfD BY I)"IILlZING flY[ TRIMBLe of6OO.S GPS RECfJVERS AND FAST STATIC DlFFERCNJlAL POSlTlOO"', TCCI1N1OUE:S IN COMBINATION W17H A flEW JRA''lERSE USING AS SEC<>>ID TOTAL STA71ON. EOM EOUIPMENT WAS CAUBRAlfD ON 01,-11-2011 AT mE NGS SASWNf IN PORT ANGELES. ~,) 7NC ACCU!;>ACY or UEASURD.lENrs MAot: OURJNG THE COURSE: OF Tl-IJS SVRI'f"Y HA"!" effN fYAWA1W BASED UPON PRlNCJPLfS or RfiATI',IE ACCURACY AT NINETY FI"!" PERCENT PROBABILITY OF ACHlfYING JJ-/E ACCURACY REWlRfO AND ARE IN CfJAlPUANCf ~1H THE REQUIREMENTS INCWOCO IN WAC JJ2-fJO-070 "SURIlf:Y STAJWMDS" WAC JJ2-1JO-080 "RELAllvr ACCURACY-PRINCIPLES", ANO IoI!fT OR (XCITD THE STANDNlDS U.'CLlJDEO IN WAC JJ2-1Ja-09D "nEW TRAt'f"RSE STANOAROS FOR LANCI BOUNDAR 'I' SUR\t:YS', A lEAST SOUARES Ai).(IS1MENT PI?OCE.DURE HAS BEEN USEO FOR UAmEMATJCAL ANALYSIS OF THE IrIEASURE/Jf/'IT$. Tl-IJS SUR'oIEY WAS NOT P€RFORMOV ()R CERllnfD TO MITT THE "MINIMlN STNlOARD DETAiL RfOUlflf:IIIENTS" OR "ACCURACY STANOA,RDS' FOR i'lL TA/ACSM LAm; llTlE SiJR\lfYS, mDiITORC, THE US(" OF 1111S IIlAP FOR THE ISSUANCE OF AN ALTA/ACSM OIM'YER'S EX1fNDEO COI'Vl'AGl: POUf;Y IS smlCTLY PROHJBITE:D. 5,) 1HE SUBDf\1S1ON Of" SECTION J4 AS SHOMJ HEREON WAS CDMPU1([) USING CADAS1RAL MEASUREMENT IoIAIOAGEMENT (CMItI) SOf7WARE \'VISION JO.J4.0 AND ,OLLDIltNG THE P/wcEOORES OUTliNED IN SEClION J-1I4 AND J-Ill OF THE I.IANUAL OF SVR'>'fI1NG JNSTRIJCnrmS (2009). ALSO SEE SECTlC>N l-IJ Of $,AID MANUAL RELA 71NG TO UNES OF CONSTAAT B(ARiNGS AS STAlED IN NO'([ 1 AB(J\1: JHC BCAAINGS ClIW HEREON ARf IMSED C>N A PLANf SYS/nl Of SURVf'r1NG AND THfRfTORf THE BEARINGS SIiO~ fif:l?fON ARE REPORTE:D AS :::HCRO BEAf(INGS OR UNf OF SITE BfARINGS BEmE"EN POINTS. SHEET 1 Of !HIS Sl.IRIlEY SHO~ nit THEORETICAL SUBDI\IlSlON or SAJD SECTION I'r+1IlE SHEET 2 OF TH'S SURIlf:Y SHOWS THE AC7UAL BEARINGS ,;,ND DISTANCfS /tICASIJREO BETM:EN THE: It4ONLJl.lENTS H)L'ND AT mE CORNERS AND ALONG /HE UNES Of THE SUBJECT PRoPf:RTT THAT >/A',IE BEEN ACCEPTED DUf?lNG THE COIJRS! OF THIS SURIIE'r, THE MONIJMENT -5H01lN AS FOUND AT THE SOUTHEAST SlXTrEN/H CORNER or S!CTION 34 ON SHEET 2 Of THIS SUlHIH BEARS N IS 54' 09' W a 11 FEET FROM /HE IHECRElICAL eALClJtA1W SO(}1HEAST S!XTECNTJ-j COPNfR Of s("CTION J4. SHO\\N ON SfiEET 1 OF THiS SURVEY 6.) OUR/NG mE COURSE Of RESEARCHING EXISnNG SURVEYS WITHIN MID SURROUNDING SAiD SECTION 34 IT WAS DiSCOYfR(V THAT mERE ARf l.lUL71,DLE POSITlONS FOR THE SOUTH QUARTrR CORNER Of SAID SECTION, BEWW IS A ,'#STOR'r Of HOW SAID CORNER WAS fSTABI..!SHfD AND SUBSEooom Y CALCIJLA1fC OR IdONUI.ICNTEo. HJn - THE SOUTH OOARTrR CORNER WAS ORIGlNAH Y ESTABLISHED 8'1' UNITED STATfS DEPUTY SUi?\'r'l'OR E. M, I.IORGAN AT IAIDPOINT BET"'f:EN THE SOU/HM"ST AND SOUTh'EAST CORNrns OF $!ClJON ". 1//95- /Hf SOUTH LINe OF SECTION 34 IIY\S RETRACED BY UNITED STArts DEPUTY SUfi'VEl'OR ALI"N BYSTROM. l.lR. BYSTROi.l RECOYfRED THE SOUTH OUARTER CORNER OF SAW SECTION AIID RETURNED A NEW BEARING AND DISTANCE BETWUN SAW CORNER MD mE SOUTHEAST AND SOU111~sr CORNERS OF SECTION 34 SHO\lJ!//G THA T THE RECD\U?ED l.lONUI.I[NT WAS NOT A T A MIDPOINT ."-5 ORJafIJALl Y REPCRiCD IN 1!J71. '96J - AR7HLJR G. WARD, PROfESSJONAL LAND SURYfYOR PERU;:i?MED A SURvn cv: $ECI/CNS 2 MD 3, ro~IP 25 NORTH, RANGE. 2 Ilf:ST, W.M ,'-01'1 OOSEWALl.IPS STATE PARK. mJS S1JRYfY IS UNRECCRDW AND WAS OBTAINED rROI.I KEN GRAHAM or DOSEIt'AWPS STATE PARK. SAiD SUR\'f"Y SHOWS THAT mE ORJGIJ..'AL IJOOUMENT MAliKU.'G mE SOOTH QUARTER CORNER WAS.catlSlOERfD LOST AND A 4" CONCllETE WONUMrnT WAS ESTABUSHW AT MIDPOINT BETilEEN THE SOUTHEAST AND SOOTHIlf"ST CORNt'?S Of' SECnew 34. mE PROPER PROCCDI.iRE FOR ESTABUSHING 1I11S C()f?NER SHOUUJ HAl'/: BEf:N TO SET Tl-IE l.lONUI.IENT BASED ON THf DIMENSIONS RETl,iRN[O BY MR. B'(S1ROIoIIN 1895 AND Nor ON THE MfASUREMEHT5 SHOI'lN ON THf: ORIGINAL SlIR\1:Y or 1871. 19~9- JOliN D, S\IJ!FT, PROfESSJONAt LAND SUR.....TOR PERFORIo/fO A stJR\IE'Y FOR MR, ROBERT CROliofLL THIS SURVEY IS UNRECORDED AND WAS OBTAIN[)) r'"ROI.I mE DEPARn.tE/'lr OF NAflJRh RESWR~fS m Ol.YI.IPIA WASfiINCTON. SAIO SlIR\1:Y SHOfIS 111AT THE SOUTH QtJAPTER CORNEJi WAS CAl~Lli.ATED AT A SINGLE PROPORTIotIEO POS/lJON ON A STRAIGHT U,'1[ Sf"1lI€"EN JHC SOOTHE),ST ANO SOU111\\E:Sr CORNE!;>S 0> SECTlON 34 US1N>; 111f DiST~CES (NOT /HE BE.ARJJ.lGS) RETURNED BY MR BrsmO/tj IN 1895, ALThCIVGH THIS ffi(;(;EOORE 'IMS CORRECT IN VSlNG THE 1895 DISTANCES. IT Fh'LED TO CALCULAIE THE POSITiON BASEO ON ThE BEARINC BREAK AS REJURNED ON THE 1895 SL'RVEY. 198.S - JOHN 0, SWIrl. PROFESSIONAL LAND stJR.\ofI'CO'?, PERFORItIED A SURny Hlf' POPE: &r TALBOT AND RECORDED JT ()Nom VOWIoI! 7 OF SURV!"\'S,PACi /75, RE:::OROS OF JEFFERSON COUNTY. WASHJNGTON S"'D SlIRVEYSI101tS THATUR. SWlFTFOU,,-/JA V:2"IRONPIPEAT 111E SOUfrl QVARTER CORNER 0, SECTlOl/ 34 AT THE CALCcrLATED POSI710N tiE SHOWS ON HIS '969 SVRI'EY. jT IS BELIE\4.'D n.MT MR, SlWrT SET 11-IIS MONUMENr SINCE SAIO IfroN PJPE W....S RECOW;;RED BY THIS OfF1CE ON 6-'4~2Dn BEARING A CAP 111m .',IS NAME: ANO CERTiFICATE IJUIlfJER, SAID SUR';'E'r' ALSO ShOWS A COI/CRETE /tIQ;lU!./[NT (PRESrJl.lABLY SET B'r WARD ,I.' 196"; rHM BEARS CAST 11-8 FEET. lfJ9J ~ RONALD L NfSAR'r, PROFfSS1DNAJ. u.ND.Sl.IRl'EtOR PERFORl.lED A SURI'fY FOR SHARIf DEMAY 11..'10 RECORDED IT UNDER VOLUME 14 OF Sl.IRVf''r'S, PAGE '61, l?fXORCS OF J[FFERSOfI COUNTY. WASHINGTON, SAID SURI'H SHOllS THAT THE SOVTH QUARTER CORNeR OF SECTION 34 WAS CALCULATfD BASED ON A PRE:Y!OUS SIlRYF'i' RECQlIDED UNDER ';'()i.Uj,jE 6 or SURI'fYS; PAGE 62, RECORDS OF SAiD CCVNTY AND STAlES "ThE EMCT ME11-I00 iJSEO 8Y ClARo( IS rJ~ERTAIN BIJT THE POSiTiON CMCULATEO BY HOLOJNG GLO ANfJU AT 1/4 CORNER MID PROPORTIONING DISTANCES CAST AND ~ST AGREES I'IITli'N ABOUT 0,3 FT. /HE CLARK POSH/ON !J),S BEEN ACCEPrrO" 2005 -. KEVIN D. BLUHM, PROfESSIonAL LAhD SURVCYOR PfRrofflAED A $UR'ttY FOR ot >>IPle f?ESOURCES MA,'/AGCMENT AND ~COR[JED IT IN VOCU,\/l' 29 or SURllErs; PAGE 95. RECORDS OF .;EffERSON cctiNTl', WASffjNO'TOH, SAio SUR'oIEY ACCEPTS THE CONCRETE MONUl.lrnT SET BY WARD IN 1~6" AND ALSO ACCU'TS MDNUMENlS SET BY NESl\RY IN 1!19J BASED 00 A CALCUlA'([D QUARTER CORNEll THAT DlFFFRS FRO/tI JHC WARD OUARTER CORNER, NO HISTORY 0,<" mE MOI/uMENT OR RfASON FOR ACCFPrlNG mE WARD I.IONUMENl Iscr1fD 2011 - ThE POSllIaI Of ALL THE OU,l,RTfR CORNERS CIIED ABOIIE ~RE EVAWATrD ANO IT WAS DETERIoIINED THAT THE POSITION mAT MOST CWS("LY FITS THE PROPER POSiTION WAS mAT SHO"'" ON 11-IE rg~3 NESARY SUR\1:r. SAID CORNER WAS MONUMENTEC PER "/hIS SuR>'fi USJriC THE 1.l00IFIED rORM OF SlNGLL PROPORTIONATE MEASliRE AS DESCR/fJED j).,' SEC710N 7~51 OF mE MANUM or SURYfvlNG INS1RUCTJONS (2009) AUDITOR'S CERT/FlCA TE ALTHOtJGH mE POSITlON OF mE SOUTH OUARTER CORNER OF SECTION .J.f SET BY WARD IN '$/63/,1At CONl'RQL 11-1[ ~NDARIfS OF CERTAIN PROPERTlES i'IllHJN SEClJON 3 TO me SOUrH l'IHICN Rwrn ON ~'~~ONU~NI~ J~~G~~~~"::JC:~I~~~~:~S MONL'l.!rNT IN SECTJON 34 WAS THE BWHIrI SURVCi THE POSlT7CW OF THE l.lONUUENT AT mE SOOTH OUARTER CORNER OF S("GlJON 34 ACCEPTED BI' Si4'IFT WAS SET iN GOOD F"'TH AND iMTHOUT fl?AUO AND HAS BEEN USED ON IrI()LTJPL! SIJR~\'S I'IlTHIN rs~=d:D r::/ G:::: F1~N~D(S;'1~/6.J~%i~gT ::mCN1~:t'5fiDB~lg~ ~~Rf ;A~fSO SUE!.ECT PROPERTY I'IlTHIN SfcnON J4, THERE'ORE I AI.! ACCEPrlNG ALL rnE MONUIrlENrS seTaY B07l'l ~r~ :f~~Y f;'~D-:'Ef~ ~iO~C~~:;EZ~NERS OR ALOM; THE UNES OF THE 5UUCT 7.) THE PURPOSE OF THJS SI.!RIlEY JS TO IWJsmAT[ A SEGREGATION ,OR THe PUf/POSE OF A ?;;~A~~,~ri~ SE~~~~~/:E'ti;~ ~~~~~~ ~D~p;i'FtRSON COUNTY CODE 1!l,J.5.00l(4), PARen B lS TO BE CON.....Yro TO A PI/BUC AGENCY. Thl UHE SEGREGA 71NG SAID THE SUBJECT PROPElHY '''!TO TWO PARCElS IS 7NC UNE OF DITPCST WA1E"R (THREAD) OF" THE DOsrWAWPS R/IlER. THE THREAO IS 0F1EJ0i AIoIBULATORY NlD IS OFTEN USED r:rcDJi'/':}fXE~~~'tAO::y L~~E .sr~~w;..0%~~,u.;'t~D~n:T51T 'i}~Gt1S1Jrt!7r.,.n;'~ADm~AN ~gg~f~~S~OEf~:xrORTOA{'.t;L~~DA~~~f ,:r~r FL~;;! RII'ER AS SAID THREAD Mons 8ASED ON tJ) THE OIl'NERSkIP OF me BEDS OF TI1E DOSEW!lUJPS.RJYfR HAS NOT BEoN DETERMINED BY THIS SURIlEY. AS OF MARCH eN'" :20jl THE WAS1iINGTCW 5T)''([ DEPAii'TMENT or NAlURAL RESOURCES HAS NOT PfRf'ORIrIED AN IN OCPT>/ AA'ALYSJS NlO /N\if:SnCAllON 01' mls RJ\1:R TO DEIERItlINE NA\1G,;,a,UTl' ~"'g 't!~'rr~ ~~ ~~~::~~&~N~~~O:R~~; ~~Nk~~Rr:' A'rsv~n~SH....Df BEEN WADE THA T THE STA rr or WASHINGTOO DOES NOT O~ $,AID BEDS. 9.) F()R ADJOINING SUR\€ys OF RECORDSff: \IOtUME 2 OF SURYEYS, PAGE 18d \IO/..UME J OF ~~~~ ~~r#~s~~~, ~A~;f~. PAct 161, AND VOWIoIC 29 OF SUR\1:YS, PAGE. 95, PROPERTY DFSCRfpnON!;: OCSCRIPTION BEFORE SCGRECAnON (PER PARCH A Of' AiJDII0R"s FiLE NUMBER 535456, RECORDS OF JEf7'ERSOrI COUNrY, WASHINGTON. mE V,ST /HREC OUAATERS OF THE NORTHWEST QVARTER OF THE SOUJHCAST OIJARTER OF SECTlON 34 TO'NNSIlIP 26 NORTH, RANGE 2 WEST. \f.l.l., JErrERSON COUNTY, WASHWGTON; E.XCEPT THE EAST HALr or THE NORTHEAST OIJARTrR OF 111E NORTH~ST QiJ"'RTER OF me SOU/I-IEAST ~~%'i"'~':~Z.ORmEAST 'JVARTfR Of' rHE SWTHEASl Q()AAIER OF TIJf NORmwrsT OUARTER OF ThE S1TUA,([ IN THE: r:OlINTY OF JfTff.RSON, STAJE OF o'IASHINGTON DESCRJPTK>>.' OF PA~CI" A AFTF'R ~F(,;RFT'Ar.11N 111A T PORTION or THE FOLLO""NG DESCRIBED PROPERTY L \1NG NORTHER!. Y ANO EASIERL Y or THE TH!?fAD (UN[ OF DUPEST W,;,'([R) OF THE OOSEWALtJPS RM:R. mAl PORllON OF mE BOiJNDAR'I' Cf)MPfI,'SlNG ~'DA:::;~: '1cJ0.Bf nXE/J AT SAID mREAO AS THE SAM[ /./:1YfS B,;,SCO ON ACCRETIONS; EROS1QNS f/oJE EAST THREE: OUARTERS OF THE NORTHllf:sr OL'ARTER OF rHE SOUTHfAST OIJ"-RIER OF $CC71a1 J4 TOWNSHIP 2f) NORm, RANGE 1 I+f"ST, W,M., JEFTERSON COUNTY, WASHiNGTON; , EXCEPT THE EAST f./ALF OF mE NORTHEAST Qt.'ARTER OF THE NORTH\\E:ST OOARTER OF THE SOUTHEAST ~ot'~~1S~rvgJ~TE~,ORmEAST O\JARTER Of mr- SC\JI11EAST QUA/HER OF THE NORTHIlf:ST O\JARJER or THE SlTLlATE IN THE COUNTY OF JEF'ERSON, STATE or WASI-IINGTON. CONTAINING 9,84 ACRES MORE OR LLSS AS OF 5~Jl-2D1I ~~~twc~~O l~rri: ~D;;:;'R~T~~ O:;A~:';G;~ I~I:O~D OF 111M PORTlON Ir ANY, ~JCH l.IES DF~r:flIP1l0N IT PARrJ"/ R AFTFR ~F(;PF(;ATI~ THAT PORlION OF Tl-IE FCUOIIING DESCRiBED Pl?'JPERTY LYlNG SOVTNERtl' /1/10 ltESTERLY or THE THREAD (LINE OF OCEPESr WATER) OF mE DOSEWALUPS RIVER, mAT PORTION OF THE B')\JNDARY COMPRISING ~IVA,;::~~ff ~Sc;~~ FIXED AT SAID THREAD AS 7NC SAME I<IO\>(S BASED ON ACCRETIO/;S, EROSiONS mE EAST /HREE OUARTERS OF THE NORTHlIESr OUAR7fP or 111E SOUTHE,;,ST OIJARTER OF SECTlON J4 TOWNSIlIP 26 NORm, RANGE 1 WEST, \f.W" J[FrERSON COUNTY, WASHINCTON; , EXCEPT THE,EAST HALF OF 1111:: NORTHEAST CVARTrfl or mE ,'/ORT11Y1EST OiJARTfR OF THE SOUThEAST f~~~s~~':~~.OPTHE'AST QUAR'([R OF I11E SOt.'11-IEAST OIJARTrR OF THE NORTH\'tf:ST'JUAArrR OF 11-IE Si11lAIE IN THE COUNTY OF JEffERSON, STAlE OF 'IJIASHINGTON CONTAINiNC '",os ACRES WORE OR lESS AS OF 5-Jl~20J/. ~~~~OL~~'[; ~0I~1~T~i~; O;:A~~:;:;:;O'~,~~D OF THAT PQRTlCN, IF ANY, lIH'CH liES APPROVALS: ADIoII,."sm,;,TOR, DEPARTMfNT OF COMMUNJTY Of'I'HOPMENT DATE: SJ4 T26N R2W ~ NOT TO SCALf JAMt~ WtNIJLtR, P,L.S 20J04 SHEET 3 OF 3 WlENGlJEJR SUlffVEYf!!NG -& MlJPJPJ!NG 00 ~ 703 EAST EIGHTH STREET PORT ANGELES, WASHINGTON 98362 JP,I (360) 457-9600 ~ FAX (360) 457-9556 -.a www.wenglersurveying.com nLED fOR RECORD TI-IIS ''''' SURVEYOR'S CERTIFICATE THIS IrIAP CORRECTLY REPRESE'fT$ A SURVEY /MOE BY IA[ OR uNDER MY DIRECTION IN CONFORMAlOCE WITH mE REOIJ/REl.lENTS or THE SUFNf'( RfCORO/NG ACT AT THE REQIJEST OF JEfFERSON COUmY i.A/oJCfRVSTINJ()N[,2Cl' ~Yor AT_,M,"N800K_O<SUR\1:YSArPAG[~ AT mE REQUEST OF WfNC~ER SU'NEY!J<G AND 1oIAPP1'IG CO [Jtl-'V,Y C;OUNIY AGUIIUH AUDITOR'S FIlE NUMBER REVIEW APPRAISER CERTIFICATE Project: DosewaUips River Floodplain Acquisition II Mid-Hood Canal Acquisition Project Parcel Tax Nos. 602344809,010,015, 023 in Jefferson County, WA Property Owner: Verla G. Coone Owner's Address: 575 DosewaUips Road, Brinnon, W A 98320 Property Address/Location: 575 Dosewallips Road, Brinnon, W A 98320. The following appraisal has been made on the subject property and is the subject of this review: APPRAISER VALUEDATE BEFOREVAWB AFfERVALUE VALUE DIFFERENCE 1. G.L. Goodman 1-10-2011 $280,000 $244,000 $36,000 TAKING $56,100 All =ATION DAMAGES NA SPEC.BENEFlTS $20,100 I, the review appraiser, certify to the following: 1. The above appraisal report has been reviewed by the undersigned and was found to have followed accepted appraisal principles and techniques in the valuation of real property in accordance with existing State law. 2. That the determination of value which is set forth below has been independently reached based on appraisals and other factual data of record without collaboration or direction. The analyses, opinions, and conclusions in this review report are limited only by the assumptions and limiting conditions stated in this review report, and are my personal, unbiased professional analyses, opinions, and conclusions. 3. I have no direct or indirect present or contemplated future personal interest in such property or in any benefit from the acquisition of such property appraised, and I have no personal interest or bias with respect to the parties involved 4. I did personally inspect the subject property to be acquired and a representative sample of the comparable sales applicable thereto on Marcb 4, 2011. 5 My compensation is not contingent on an action or event resulting from the analyses, opinions, or conclusions in, or the use of, this review report. 6. Appraisal #1 and my analyses, opinions, and conclusions were developed and this review report was prepared in confonnity with the Uniform Standards of Professional Appraisal Practice and with the Uniform Appraisal Standards For Federal Land Acquisitions. 7. Any facts and/or data presented by the review appraiser and used in the review process are true and correct 8. No one provided significant professional assistance to the person signing this review report. 9. I further certify that if this certificate is to be used in conjunction with a Federal aid project, all of the approved just compensation is eligible for Federal reimbursement Just Compensation is: Land Taken in Fee: 10.2 mIl acres @ $5,500 per acre Taken Timber Contribution (in land value): Total Just Compensation for this larger parcel = $ 56,100 (R) $ 0 $ 56,100. - - . W A State Certified General real estate appraiser number: General # 1100549 oseph H. Granger, Review Appraiser Date Signed: March 9, 2011 J.H. Granger, Reviewer Page 1 of 4 PtJge8 PIur:eI: Coone . . APPRAISAL REVIEW CONCLUSIONS The subject larger parcel is correctly determined in the appraisal as a 50.87 mil acre tract of Dosewallips River front land encumbered with steep topography, river setbacks, flood plains, a major powerline easement, and wetIandslbuffers. It is currently improved with two homes, one of which is a manufactured home. The land's highest and best use is supported in the appraisal as to hold for eventual residential development per zoning, demand, physical features, and trends. Thus, all of its existing improvements fully contribute value to the land. The appraisal problem is a partial taking of 10.20 acres in fee simple title of the part of the ownership lying south of its river frontage. Located within the taking are a few merchantable trees (timber stumpage). All of the major improvements are located a significant distance from the proposed taking and are thus unaffected by the taking/project. The purpose of the taking is for water quality enhancement/protection and salmon enhancement/protection. Since the project will benefit the public and the environment in general, there are only general benefits caused by the project, and thus there are no special benefits to the larger parcel remainder caused by the proposed project There are also no ascertainable severance damages caused by the taking/project Appraisal #1 is a complete appraisal assignment in a self-contained report utilizing the Before and After appraisal procedure. While this assignment, report, and procedure follow USPAP, federal, and state standards for partial land acquisitions, the Before and After procedure can rarely result in general benefits incorrectly being part of just compensation (only special benefits can be part of just compensation per W A state and federal rules). Appraisal #1 processes a Sales Comparison Approach to value the land as vacant in the Before situation; no other approach is appropriate or typical. It analyzes and compares 6 large land sales and onelisting in the vicinity/neighborhood, concluding raw land value at $5,500 per acre overall, or $280,000 (R) for the subject's 50.87 acres; this is reasonable and supported In the After situation, Appraisal #1 processes a Sales Comparison Approach to value the land as vacant; no other approach is appropriate or typical. It analyzes and compares the same 6 large land sales and one listing in the vicinity/neighborhood used in the Before situation, but concludes raw land value at $6,000 per acre overall, or $244,000 (R)for the subject remainder's 40.67 acres, due primarily to a change in size. While this $500 increase in the per acre land value is supportable in the market as Fair Market Value, it establishes special benefits that are caused by the taking, which is not allowed per WA State v Templeman and per the Uniform Appraisal Standards For Federal Land Acquisitions. Appraisal #1 's consultation with a professional forester concludes that the take contains no merchantable timber beyond aesthetic contribution to (included in) the raw land value; this is reasonable and supported. There are several typographical errors in the appraisal but their correction would not alter the value conclusions reached. The reviewer removes the unlawful special benefits and rounds all calculations per the prudent market. There are no personalty (chattel) items or tenant-owned realty items taken/affected. The appraisal and this review use the correct methods and techniqnes. The market data in the appraisal are adequate and appropriate to solve the appraisal problem. The value conclusions in this review are reasonable and fit the market evidence. J.H. Granger, Reviewer Page 2 of 4 Pages Psrcel: Coone APPRAISAL REVIEW SALIENT INFORMATION Property Rights Appraised Unless specified otherwise in this review, the property rights appraised constitute the fee simple interest Date of Value The effective date of the value opinion for the property in this review is 1-10-2011. Competency of Reviewer The reviewer has both the knowledge and experience required to competently perform this review; a detailed resume is available upon request The reviewer is approved by the Federal Highway Administration, Washington State Transportation Department, and the lAC to perform fee appraisal reviews for public agencies in Washington State. The reviewer is a state certified appraiser with the General classification (expires 1-13-12). Purpose of this Review Overall, the purpose is to estimate the Just Compensation due the larger parcel owner for a partial taking as of 1-10-2011. This is done by: estimating the Fair Market Value of the larger parcel in the Before situation; estimating the Fair Market Value of the larger parcel remainder in the Mer situation; subtracting the latter from the former; and removing any unlawful just compensation items therefrom. Use of this Review . It is understood that this Reviewer's Certificate will be used for acquisition I funding purposes by the client, Jefferson County. Scope of this Review Those commonly recognized valuation methods and techniques most appropriate for valuing the subject properties were done in this review. This review involved a reasonably detailed inspection of the subject property, the subject neighborhood, and surrounding/competing neighborhoods. Sales and listings of competing properties were investigated before any conclusions of value Were made. The Income and Cost Approaches to value were not employed for land valuation in this review because said approaches are not market typical for the subject's type of land, and because the Sales Comparison Approach is sufficient to solve the subject land value appraisal problem. Definition of Fair Market Value "Fair Market Value" is the amount in cash which a well-informed buyer, willing but not obliged to buy the property, would pay, and which a well-informed seller, willing but not obligated to sell it would accept, taking into consideration all uses to which the property is adapted and might in reason be applied. (Washington Pattern Instruction 150.08). J.H. Gl'anger, Reviewer Psge 3 0' ., Pages Psn:el:Coone .J. , . , APPRAISAL REVIEW ASSUMPTIONS & LIMITING CONDITIONS 1. The property descriptions supplied to the reviewer are assumed to be correct; 2. No surveys of the properties have been made by the reviewer and no responsibility is assumed in connection with such matters. Maps in the appraisal are included only to assist the reader in visualizing the properties. Property dimensions and sizes should be considered approximate; 3. No responsibility is assumed for matters of a legal nature affecting title to the property, nor is any opinion of title rendered. Property title is assumed to be good and merchantable and vested as noted; 4. Information furnished by others is assumed to be true, correct, and reliable. A reasonable effort bas been made to verify such information; however, no responsibility for its accuracy is assumed by the reviewer; 5. All mortgages, liens, encumbrances, leases, and servitudes have been disregarded unless so specified in review. The properties are assumed to be under responsible ownership and competent management; 6. It is assumed that there are no hidden or unapparent conditions of the properties, their subsoil, or their structures which would render them more or less valuable. No responsibility is assumed for such conditions or for engineering or testing which may be required to discover them; 7. Unless otherwise stated, the existence of hazardous material, which mayor may not be present in or on the properties, was not observed by the reviewer. The reviewer has no knowledge of the existence of such materials on or in the properties. The reviewer, however, is not qualified to detect such substances. The presence of any potentially hazardous materials may affect the value of the properties. The value estimates in this review are predicated on the assumption that there is no such material on or in the properties that would cause a loss in value. No responsibility is assumed for any such conditions, or for the expertise or engineering knowledge required to discover them. The client is urged to retain an expert in this field if desired. 8. Unless otherwise stated, no environmental impact studies were either requested or made in conjunction with this review, and the reviewer hereby reserves the right to alter, amend, revise, or rescind any of the value opinions based upon any subsequent environmental impact studies, research, or investigation; 9. It is assumed that there is full compliance with all applicable federal, state, and local environmental regulations and laws unless noncompliance is specified, defined, and considered in this review; 10. It is assumed that all applicable zoning and use regulations and restrictions have been complied with, unless nonconformity has been specified, defined, and considered in this review; 11. It is assumed that all required licenses, consents, or other legislative or administrative authority from any local, state, or national governmental or private entity or organization have been or can be obtained or renewed for any use on which the value estimates contained in this review are based; 12. The reviewer will not be required to give testimony or appear in court because of having made this review unless arrangements have been previously made therefor; 13. Possession of this review or a copy thereof, does not carry with it the right of publication. It may not be used for any purpose by any person other than the client without the written consent of the reviewer and in any event, only with properly written qualification and only in its entirety; 14. Neither all nor any part of the contents of this review, or copy thereof, shall be conveyed to the public through advertising, public relations, news, sales, or any other media without written consent and approval of the reviewer. Nor shall the reviewer, client, firm, or professional organization of which the reviewer is a member be identified without the written consent of the reviewer; 15. The liability of the reviewer, employees, and subcontractors is limited to the client only. There is no accountability, obligation, or liability to any third party. If this review is placed in the hands of anyone other than the client, the client sbalI make such party aware of all limiting conditions and assumptions of the assignment and related discussions. The reviewer is in no way responsible for any costs incurred to discover or correct any deficiencies in the properties; 16. Acceptance and/or use of this review constitutes acceptance of the foregoing assumptions and lirniting conditions. J.H. Granger, RevIf1Wer Page 4 of 4 psges Parcel: Coone Self-Contained Appraisal Report of The Coone Property Location 575 Dosewallips Road Jefferson County, Washington Date of Report February 15, 2011 Date of Valuation January 10, 2010 Appraised bv Gregory L. Goodman, MAl Allen Brackett Shedd 2011-2B.DOC Copyright <Q 2011 S. Murray Brackett, MAl, Principal Deborah Foreman Mati Sloan Jessica Stokesberry Heidi Klansnic Diane Quinn Darin A. Shedd, MAl, Principal Greg Goodman, MAl Robert Chamberlin David Coleman Chris McGarvey February 15, 2011 Ms. Tami Pokorny Jefferson County Water Quality and Environmental Health 615 Sheridan Street Port Townsend, Washington 98368 RE: APPRAISAL OF THE COONE PROPERTY LOCATED AT 575 DOSEWALLIPS ROAD IN JEFFERSON COUNTY, WASHINGTON (Our File #2011-2B) Dear Ms. Pokorny: In response to your request, I have prepared a Self-Contained Appraisal of the Coone property located at 575 Dosewallips Road in Jefferson County, Washington. The purpose of the report is to provide an opinion of the market value of the fee simple interest in the subject property to aid in decision making associated with a proposed acquisition of a portion of the property by Jefferson County. Intended users include the client, Jefferson County, as well as the client's agents, representatives, and legal counseL Use of this report by others is not intended by the appraisers. Briefly, the subject consists offour separate, but contiguous tax lots that produce an overall site that is irregular in shape and contains 50.87 acres. The property has a mixed topography including a mostly level upper plateau, moderate to steep slopes, and low-lying floodplain areas. The property is located along the west side of Dosewallips Road, at Church Road. The majority of the property is located on the north side of the Dosewallips River with a 10.20-acre portion located on the south side. The property is currently improved with an older, smaller single-family residence, a manufactured home and garage/shop structure. More details can be found later in this report. A partial acquisition from the property is proposed and consists of that portion of the subject lying on the south side of the Dosewallips River. Mapping and information provided by the client, as well as that obtained from Jefferson County Assessor's records, indicates that the area to be acquired contains approximately 10.20 acres. The proposed acquisition is associated with a salmon habitat protection and restoration project along the Dosewallips River. The area is to be acquired in fee. Considering that only a portion of the property is to be acquired, a before and after analysis of the subject is necessary with the resulting difference in value reflecting 12320 NE [5th Street, Suite 200 419 Berkeley Avenue, Suite A Bellevue, WA 98005 Fircrest, WA 98466 Phone (425) 450-4040 Phone (253) 274-0099 Fax (425) 688-1819 Fax (253) 564-9442 a market value indication for the 10.20-acre area to be acquired. It is noted that the various improvements on the subject property are located outside of the proposed acquisition area. Furthermore, and based on a review, the subject improvements are concluded to be unaffected by the partial acquisition proposed. Considering these factors it is unnecessary to include the improvements in the analysis with the valuation contained in this report reflecting the market value of the subject's land only in both the before and after condition. This Self-Contained Appraisal was prepared in conformance with the Uniform vzStandards of Professional Appraisal Practice (USP AP) and is intended to comply with UASFLA standards as well. Complete descriptions and photographs of sales used for comparison are included in this report, as well as all of the analyses and conclusions. The value conclusions herein are given subject to the specific assumptions and limiting conditions stated immediately following this transmittal letter. Based on my investigation and analysis of all relevant data, it is my opinion that the market value of the fee simple interest in the subject property, land only, "before and after" the proposed acquisition, as of January 10, 2011, is: "BEFORE" LAND VALUE: $280,000 "AFTER" LAND VALUE: $244,000 DIFFERENCE $36,000 If you have further questions not answered in the accompanying report, please do not hesitate to call. Sincerely, ALLEN BRACKETT SHEDD ~~~ Gregory L. Goodman, MAl kr Enclosures Allen Brackett Shedd 2011-2B.DOC - Copyright If:! 2011 ASSUMPTIONS AND LIMITING CONDITIONS This appraisal report was made after personal inspection of the property identified in this report. The conclusions in the report have been arrived at and are predicated upon the following conditions: (a) No responsibility is assumed for matters, which are legal in nature, nor is any opinion rendered on title of land appraised. Title to the property is assumed to be good and marketable unless otherwise stated in this report. (b) Unless otherwise noted, the property has been appraised as though free and clear of all liens, encumbrances, encroachments, and trespasses. (c) All maps, areas, and other data furnished your appraiser have been assumed to be correct; however, no warranty is given for its accuracy. If any error or omissions are found to exist, the appraiser reserves the right to modify the conclusions. Any plot plans and illustrative material in this report are included only to assist the reader in visualizing the property. (d) It is assumed there is full compliance with all applicable federal, state, and local environmental regulations and laws unless otherwise stated in this report. (e) It is assumed all applicable zoning and use regulations and restrictions have been complied with, unless a nonconformity has been stated, defined, and considered in this appraisal report. (f) The appraiser has no interest, present or contemplated, in the subject properties or parties involved. (g) Neither the employment to make the appraisal nor the compensation is contingent upon the amount of the valuation report. (h) To the best ofthe appraiser's knowledge and belief, all statements and information in this report are true and correct, and no important facts have been withheld or overlooked. (i) Possession of this report, a copy, or any part thereof, does not carry with it the right of publication, nor shall the report or any part thereof be conveyed to the public through advertising, public relations, news, sales, or other media valuation conclusions, identity of the appraiser, or firm, and any reference made to the Appraisal Institute or any professional designation. G) There shall be no obligation required to give testimony or attendance in court by reason of this appraisal, with reference to the property in question, unless satisfactory arrangements are made in advance. (k) This appraisal has been made in accordance with rules of professional ethics of the Appraisal Institute. (1) No one other than the appraiser prepared the analysis, conclusions, and opmlOns concerning real estate that are set forth in the appraisal report. (m) Statements or conclusions offered by the appraiser are based solely upon visual examination of exposed areas of the property. Areas of the structure and/or property, which are not exposed to the naked eye, cannot be inspected; and no conclusions, representations, or statements offered by the appraiser are intended to relate to areas not exposed to view. No obligation is assumed to discover hidden defects. Allen Brackett Shedd 2011-2B.DOC - Copyright iQ 2011 (n) Unless otherwise stated in this report, the existence of pollution and/or hazardous waste material, which mayor may not be present on the property, was not observed by the appraiser. The appraiser has no knowledge of the existence of such materials on or in the property. The appraiser, however, is not qualified to detect such substances. The presence of substances such as asbestos, urea-formaldehyde foam insulation, or other potentially hazardous materials or pollution may affect the value of the property. The value estimate is predicated on the assumption that there is no such material on or in the property that would cause a loss in value. No responsibility is assumed for any such conditions or for any expertise or engineering knowledge required to discover them. The client is urged to retain an expert in this field, if desired. (0) Statements, representations, or conclusions offered by the appraiser do not constitute an express or implied warranty of any kind. (P) Neither appraiser nor Allen Brackett Shedd shall be liable for any direct, special, incidental, or consequential damages whatever, whether arising in tort, negligence, or contract, nor for any loss, claim, expense, or damage caused by or arising out of its inspection of a property and/or structure. (q) The Americans with Disabilities Act (ADA) became effective January 26, 1992. We have not made a specific compliance survey and analysis of this property to determine whether or not it is in conformity with the various detailed requirements of the ADA. It is possible that a compliance survey of the property, together with a detailed analysis of the requirements of the ADA, could reveal that the property is not in compliance with one or more of the requirements of the Act. If so, this fact could have a negative effect upon the value of the property. Since we have no direct evidence relating to this issue, we did not consider possible non-compliance with the requirements of ADA in estimating the value of the property. (r) With regard to prospective value opinions, future changes in market conditions necessitate an assumption that the appraiser cannot be held responsible for unforeseeable events that alter market conditions prior to the effective date of the appraisal or date of value. Allen Brackett Shedd 2011.2B.DOC - Copyright @2011 TABLE OF CONTENTS Pal!"e Letter of Transmittal Assumptions and Limiting Conditions Executive Summary Subject Property Photographs Part I - Introduction Identification ofthe Subject Property .............................................................. 1 Summary of Appraisal Problem........................................................................ 1 Larger Parcel..................................................................................................... 2 Legal Description............................................................................................... 2 Ownership History............................................................................................. 2 Purpose Intended Use and Intended User ofthe Appraisal........................... 3 - Date of Inspection/Valuation and Notice of Owner Contact ........................... 3 Property Rights Appraised................................................................................ 3 - Scope of the Appraisal.......................................................................................4 - Extraordinary Assumptions/Hypothetical Conditions .................................... 5 - Hazardous Waste......................................................................................... 5 - Proposed Acquisition Area ..........................................................................5 Personal Property .............................................................................................. 5 Exposure and Marketing Periods ..................................................................... 5 Regional Description ......................................................................................... 6 Local Area Description ...................................................................................... 8 Residential Market Analysis............................................................................. 9 Part II - Factual Data - Description ofthe Subject Property................................................................ 12 - Site.............................................................................................................. 12 - Topography......... ...................... ..... .... .................. ....... ...... .............. ............ 12 - Access..................................... .................................................................... 13 Mineral Deposits ...... ......... ........... ......... ........... ........................... ....... ........ 13 Timber........................................................................................................ 13 Soils .. ............... ................ ................. ............................. ....... ...................... 14 Sensitive Areas/FEMA Floodplain............................................................ 15 Easements and Encumbrances ................................................................. 15 Utilities....................................................................................................... 16 Zoning ......... ......... ........................ ......... ....... ......... ............. .............. ........... 16 Assessed Value and Real Estate Taxes .................................................... 17 Description of Improvements .................................................................... 17 Part III - Highest and Best Use - As If Vacant....................................................................................... ...............19 - As Improved ..................................................................................................... 21 Part IV - Analyses and Conclusions to Value - Valuation.......................................................................................................... 22 - Sales Comparison Approach ........................................................................... 22 Adjustments to Sales ................................................................................. 25 - Reconciliation and Conclusion of Value.................................................... 30 Allen Brackett Shedd 2011.2B.DOC Copyright (Q 2011 - Conclusion of "Before" Value........................................................................... 30 Part V - Description and Valuation of "After" Condition Description of Project and Acquisition Area ..................................................31 Discussion of Subject in the "After" Condition............................................... 31 Highest and Best Use - "After" Condition ..................................................... 31 Valuation of the Property in the "After" Condition ....................................... 32 - Adjustments to Sales ................................................................................. 32 - Reconciliation and Conclusion of Value.................................................... 33 Conclusion of "Mter" Value............................................................................. 34 Summary and Conclusions.............................................................................. 34 Certification of Value....... ..... ............. .................. ......... .............. ............. ........ 35 Addenda Title Report Timber Evaluation Comparable Sales Data Qualifications of Appraisers Allen Brackett Shedd 20Il-2B.DOC Copyright <:>2011 EXECUTIVE SUMMARY Project: The Coone Property Location: 575 Dosewallips Road in Jefferson County, Washington Building Improvements: The property is improved with an older, smaller single-family residence, a manufactured home and garage/shop structure. Site Size: Before: After: 50.87 acres 40.67 acres Utilities: Power and telephone can be found in the abutting Dosewallips Road and currently service the existing improvements on the subject property. Water is provided to the subject by an onsite spring-fed water system with the existing residences served by an on-site septic system. Zoning: The property is zoned RR 1:20 - Rural Residential by Jefferson County. As the name implies, this is a rural residential designation allowing for one dwelling unit per 20 acres of site area. Highest and Best Use: Development of up to four homesites in both the "before and after" condition. Final Value Conclusion: "Before" Land Value: "After" Land Value: Difference: $280,000 $244.000 $36,000 Date of Valuation: January 10, 2011 Appraisers: Gregory L. Goodman, MAl File: 2011-2B Allen Brackett Shedd 2011.2B.DOC Copyright <i: 2011 SUBJECT PROPERTY PHOTOGRAPHS Facing north along the subject's frontage on Dosewallips Road Facing southwest along the subject's on-site road from Dosewallips Road Allen Brackett Shedd 2011-2B Copyright (Q 2011 SUBJECT PROPERTY PHOTOGRAPHS Subject's upper plateau facing northwest from existing residences Subject residence Allen Brackett Shedd 2011-2B Copyright t> 2011 SUBJECT PROPERTY PHOTOGRAPHS Subject residence (on left) and manufactured house (on right) Northerly portion of the upper pIa teau area facing west from Dosewallips Road Allen Brackett Shedd 2011-2B Copyright ~ 2011 SUBJECT PROPERTY PHOTOGRAPHS Facing west from upper plateau of the subject Subject's on-site access road facing east toward upper plateau Allen Brackett Shedd 2011-2B Copyright '1;j 2011 SUBJECT PROPERTY PHOTOGRAPHS Lower level area in eastern portion of the subject facing west Lower level area in eastern portion of the subject facing south Allen Brackett Shedd 2011-2B Copyright !() 2011 SUBJECT PROPERTY PHOTOGRAPHS Facing south across Dosewallips River to area of the subject south ofthe river Dosewallips River frontage facing west from eastern portion ofthe subject Allen Brackett Shedd 2011-2B Copyright <l'; 2011 SUBJECT PROPERTY PHOTOGRAPHS Dosewallips River frontage facing west from eastern portion of the site Facing southwest within powerline easement area on lower level of the subject Allen Brackett Shedd 2011-2B Copyright :EJ 2011 SUBJECT PROPERTY PHOTOGRAPHS Facing north along creek in northwest portion of the subject Facing southeast from northwest portion of the subject Allen Brackett Shedd 2011-2B Copyright <(J 2011 SUBJECT PROPERTY PHOTOGRAPHS Dosewallips River frontage facing east from near subject's western boundary Facing north near the subject's western boundary in southwest portion ofthe property Allen Brackett Shedd 2011-2B Copyright ~ 2011 Aerial ~ Allen Brackett Shedd 2011-2B Copyright iV 2011 PART I - INTRODUCTION - Identification of the Subject Property The property being appraised is known as the Coone property and is generally located along the west side of Dosewallips Road at its intersection with Church Road. The majority of the property is located on the north side of the Dosewallips River with 10.20 acres located on the south side. The property is comprised of four separate, but contiguous tax lots that produce and overall site that is irregular in shape and contains 50.87 acres. It has a mixed topography including a mostly level upper plateau, moderate to steep slopes, and low-lying floodplain areas. Improvements on the site consist of an older, smaller single-family residence, a manufactured home and garage/shop structure. The site address is 575 Dosewallips Road. - Summary of Appraisal Problem The purpose of the report is to provide an opinion of the market value of the subject property in its current condition, as well as under a partial acquisition scenario to aid Jefferson County in decision making for the proposed acquisition. The proposed acquisition consists of that area of the subject lying south of the Dosewallips River. Mapping and information provided by the client, as well as that obtained from Jefferson County Assessor's records, indicates that the area to be acquired contains approximately 10.20 acres. The proposed acquisition is associated with a salmon habitat protection and restoration project along the Dosewallips River. The area is to be acquired in fee. With the foregoing factors in mind, the valuation contained in this report reflects a "before and after" analysis. The "before" condition consists of a valuation of the subject in its current condition consisting of a 50.87-acre tract of land. For the "after" condition the subject consists of a 40.67-acre site with the 10.20 acres lying south of the river having been transferred to Jefferson County in fee to allow for salmon habitat restoration and protection. It is noted that the various improvements on the subject property are located outside of the proposed acquisition area. Furthermore, and based on a review of the subject improvements, they are concluded to be unaffected by the partial acquisition Allen Brackett Shedd Page 1 2011-2B.DOC - Copyright <:)2011 proposed. Considering these factors, it is unnecessary to include the improvements in the analysis of the subject for purposes of the proposed acquisition. As such, the valuation contained in this report reflects the market value of the subject's land only in both the before and after condition. - Larger Parcel The subject consists of four separate, but contiguous tax lots, which are under the ownership of Verla Coone. The ownership has no control over adjacent or nearby properties for which combined use with the subject identified in this report would represent a higher and better use. For these reason, the larger parcel does not extend beyond the subject boundaries. - Legal Description A complete legal description of the subject property can be found in the title report included in the Addenda to this appraisal. The site is also described as Jefferson County Assessor's Tax Parcel No. 602344009, 603244010, 602344015, and 602344023. No legal description for the proposed acquisition area was provided. However, the client has provided mapping identifying the location of the area to be acquired, with the estimated size for the proposed acquisition area based on Jefferson County Assessor's information. The mapping provided represents the best information available to date and is thus relied upon in the analysis of the subject property. It is my understanding that a survey is to be performed to specifically identify the subject in its current condition, as well as the area to be acquired. With this in mind, the client is advised that an adjustment to the valuation contained in this report may be required if subsequent survey information conflicts with the location and size of the proposed acquisition area identified in this report. - Ownership History According to the title report provided, the subject is owned by Verla Coone, as her separate estate. Discussions with Ms. Coone's son, Mr. Ron Coone, indicate that his parents have owned tax lots 4009 and 4010 for at least 30 years. Tax lots 4015 and 4023, which total 28.33 acres, were acquired in July of 2008 for $72,000. A more detailed discussion and analysis of this transaction will be presented subsequently Allen Brackett Shedd 2011-2B.DOC - Copyright <1) 2011 Page 2 III this report. Other than the transaction noted above, there have been no transfers of ownership in the subject property in the last 10 years. - Purpose Intended Use and Intended User of the Appraisal This report was prepared for Jefferson County, and is intended for use by the client. The purpose of this report is to provide an opinion of the market value of the fee simple interest in the subject property to aid in decision making associated with a partial fee acquisition. Considering the partial acquisition proposed, a "before and after" analysis of the subject property is necessary. Furthermore, this assignment concludes fee simple market value for the subject in both the "before and after" condition. For purposes of Federal Land Acquisitions, the only acceptable definition of Market value is as follows: 1 "the amount in cash, or on terms reasonably equivalent to cash, for which in all probability the property would have sold on the effective date of the appraisal, after a reasonable exposure time on the open competitive market, from a willing and reasonably knowledgeable seller to a willing and reasonably knowledgeable buyer, with neither acting under any compulsion to buy or sell, giving due consideration to all available economic uses of the property at the time of the appraisal. " - Date of Inspection/Valuation and Notice of Owner Contact A formal inspection of the property was performed on January 10, 2011. The effective date of this appraisal is January 10, 2011. The subject property owner's son, Mr. Ron Coone, was present on the formal inspection. - Property Rights Appraised This appraisal sets forth an opinion regarding a fee simple interest (subject to existing easements and encumbrances of record as discussed on page 15). Fee simple interest is defined as:2 lUniform Appraisal Standards for Federal Land Acquisitions, page 13, Section A-9. 2 From The Appraisal of Real Estate, Thirteenth Edition, 2007, Appraisal Institute, page 114 Allen Brackett Shedd 2011-2B.DOC - Copyright @2011 Page 3 Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat. An easement is defined as follows: 3 An interest in real property that transfers use, but not ownership, of a portion of an owner's property. This definition may be expanded as: ...the right to perform a specific action on a particular parcel of property, or portion thereof, by the grantees who do not hold the underlying fee. 4 - Scope of the Appraisal The scope of this appraisal includes consideration of all three approaches to value, including the Cost Approach, the Income Approach, and the Sales Comparison Approach. When considering the purpose of this appraisal, it is unnecessary to include the existing improvements in the analysis and valuation. More specifically, all of the subject improvements are located outside of the area to be acquired. Furthermore, the existing structures retain the same utility and thus value in the after condition. As such, they are concluded to be unaffected by the partial acquisition proposed. With these factors in mind, the valuation contained in this report reflects the subject's land value only in both the before and after condition. In valuing vacant land, the only applicable approach to value is the Sales Comparison Approach. Data was collected on comparable sales of land in the market area, which were then compared to the subject. The subject data was provided by the client and subject property owner. Additional information was obtained from County records and on-site inspections. In appraising the subject property, the appraisers did the following: · Inspected the subject property; · Researched Jefferson County Assessor's Records, and NWMLS databases; 3From The Appraisal of Real Estate, Thirteenth Edition, 2007, Appraisal Institute, page 117. 4From The Appraisal of Real Estate, Twelfth Edition, 2001, Appraisal Institute, page 85. Allen Brackett Shedd 2011-2B.DOC - Copyright <9 2011 Page 4 · Researched Allen Brackett Shedd's existing data bank; · Inspected all comparable sales used in the analysis; · Confirmed all sales with buyers, selling agents, and/or public records; and · Reviewed information and studies discussed in this report. - Extraordinary AssumptionslHypothetical Conditions - Hazardous Waste The use history of the subject does not indicate the presence of hazardous waste. We have been provided no information regarding the presence or absence of hazardous waste on the subject property. This report assumes the absence of any and all hazardous waste on the subject. If hazardous waste is found to be. present on the property, we reserve the right to change the valuation contained in this report. - Proposed Acquisition Area No legal description or survey of the lO.20-acre area proposed to be acquired was provided. As such, the identification, location, and size of the proposed acquisition area are based on aerial mapping and information provided by the client and presented in this report. This information is assumed to be accurate and thus relied upon in the analysis and valuation of the subject. It is my understanding that a survey is to be performed to specifically identify the subject in its current condition, as well as the area to be acquired. The client IS advised that an adjustment to the valuation contained in this report may be required if this subsequent survey information significantly conflicts with mapping provided for this assignment, which represents the best information as of the date of this report. - Personal Property There is no personal property included within the appraised value. - Exposure and Marketing Periods Exposure and marketing periods are the respective time frames "before and after" the date of valuation that are necessary to sell the subject property at the appraised value. The two periods may differ depending upon a variety of factors, including Allen Brackett Shedd 2011-2B_DOC - Copyright I1J 2011 Page 5 changes in market conditions or property characteristics. The subject consists of a larger tract of land in Jefferson County. As a result of the softening of the residential market due to the collapse of the subprime mortgage industry, reduced availability of credit and continued difficult economic conditions, sales of all property types have slowed. This report is being prepared in conformance with both USPAP and the Uniform Standards for Federal Land Acquisitions. With few exceptions, these two bodies reflect similar appraisal standards. One such exception, however, is that the Federal Standards prohibit appraisers from linking value conclusions to specific marketing or exposure timeframes (UASFLA, 2000, Sections A-9 and D-1b): ''the appraisers estimate of market value shall not be linked to a specific exposure time when conducting appraisals for federal land acquisition purposes under these standards, " while USPAP requires that exposure times be linked (USPAP, 2010-2011, Standard 1-2c): "when developing an opinion of market value, the appraiser must also develop an opinion of reasonable exposure time linked to the value opinion". The resolution to this is a jurisdictional exception provided for under USPAP, permitting the exclusion of such linkage where Federal Standards are also in use. Thus, while reasonable exposure periods has been considered, no specific exposure period is concluded for purposes of this appraisal. - Regional Description Although the subject is located in the western portion of Western Washington, the region is dominated by the Tacoma-Seattle and Eastside areas around the Puget Sound. The Puget Sound region has emerged as an area not only known for Boeing, but also as a global center for high technology. Seattle, the "Emerald City," and the centerpiece of Puget Sound, continues to be ranked as one of the most desirable cities in which to live and do business. The region has a solid economic base, which continues to keep pace with growth in high-tech industries and with development throughout the Pacific Rim. However, with all the attention and growth come the typical problems of congestion, environmental contamination, and depletion of natural resources. Puget Sound, like most metropolitan areas, is squarely facing Allen Brackett Shedd 2011-2B.DOC - Copyright if:) 2011 Page 6 the challenge of striking a balance between economic growth and the preservation of its quality of life. The Puget Sound basin is a major lowland area located between the Olympic and Cascade mountain ranges in northwest Washington State. The area is defined by the Puget Sound, a major inland body of saltwater lying between the two mountain ranges, and connected to the Pacific Ocean via the Strait of Juan de Fuca. The Puget Sound basin incorporates four counties: King, Pierce, Snohomish, and Kitsap. The city of Seattle, recognized as the hub of the Puget Sound region, is located in King County on the east side of Puget Sound. Pierce County is adjacent to the south of King County; Snohomish County is adjacent to King County to the north; and Kitsap County is located directly west of King County across Puget Sound. The Puget Sound region offers diverse economic opportunities and the best of social, governmental, and health services. The area also boasts a rich array of cultural, entertainment, and recreational opportunities. The city of Seattle has a professional ballet, opera, and symphony. Over the last several years, the city has experienced new development in the entertainment area with the construction of Benayora Hall and the Experience Music Project. Safeco Field and Qwest Field have provided modern homes for professional baseball and football teams, and have served to shape the "SODO" neighborhood, south of Seattle's Central Business District (CBD). The varied topography of the region offers outdoor activities ranging from boating to snow skiing and other mountain sports. With Puget Sound as a centerpiece, the region is one of the premiere recreational boating areas in the country. In fact, the state of Washington boasts the highest number of watercraft per capita in the nation. From water sports to mountain sports is a drive of as little as one hour. Both the Cascade and Olympic Mountains offer countless recreational activities in settings ranging from rainforests to marine vistas to rugged volcanic peaks. Mount Rainier, a classically cone-shaped, dormant volcano, is a trademark visible throughout the Puget Sound region. The region supports several state universities and colleges, and numerous private and community colleges. The University of Washington, in Seattle, is one of the largest universities on the West Coast. It is also one of the most highly respected Allen Brackett Shedd 2011-2B.DOC - Copyright 122011 Page 7 Neighborhood Map Allen Brackett Shedd 2011-2B Copyright 'b> 2011 and productive research centers in the country, garnering international attention for achievements in fields such as medicine and physics. - Local Area Description The subject property is located in the southeastern portion of Jefferson County, Washington. Jefferson County is situated northwest of the Seattle area on the west side of Puget Sound. The northern boundary is the Strait of Juan de Fuca, which leads to the Washington coast further west. Hood Canal borders the county on the east side. Access to the county can be obtained from the south via SR-101, but a significant portion of commuter traffic utilizes the Hood Canal floating bridge, which connects Jefferson County with Kitsap County to the east. The county contains 1,809 square miles of land, which ranks 18th among Washington counties. The Olympic Mountain range and Olympic National Park and Forest comprise the western three quarters of Jefferson County's land area. Additional land is undeveloped timber lands. Population centers are generally limited to the edges of the county. Port Townsend, a historic city with tourist attractions, shopping, and water frontage on the Admiralty Inlet portion of the Strait of Juan de Fuca, is the only major employment center in this county; however, Port Angeles (Clallam County) and Bremerton (Kitsap County) lie within an hour's travel time by car. Seattle is roughly two hours travel time from the Port Townsend area via the Hood Canal Bridge and a ferry from Kingston (Kitsap County) to Edmonds (Snohomish County). While Seattle is the business and cultural hub of the Northwest, Jefferson County's economy and livelihood has been traditionally tied to timber products and is dependent on the Seattle Metropolitan area to support its tourism and recreation industry. Highway traffic can access Jefferson County via several routes. The Olympic Loop Highway (US 101) travels north and south along either of Jefferson's shores and connects with Port Angeles in the north and with Shelton and Olympia in the south. State Route 104 traverses the northeastern corner of the county and crosses Hood Canal to connect with the Kitsap Peninsula. Kitsap highways provide convenient access to Bremerton and to eastbound ferries. The area of Jefferson County east of Olympic National Park is largely rural in nature. The Victorian Seaport City of Port Townsend in eastern Jefferson County is Allen Brackett Shedd 2011-2B.DOC - Copyright I{j 2011 Page 8 the only incorporated city. Other areas with higher levels of development consist of the Tri-Area, which includes Irondale, Chimacum and Port Hadlock, as well as Port Ludlow. Much of the rest of eastern Jefferson County is farmland, forestland, and/or undeveloped. - Residential Market Analysis The subject area represents a rural area that pnor to mid-2007 generally experienced and upward trend in property values. This growth was attributed to the area's location, rural character and various amenities, yet relative afford ability as compared to other areas in the Puget Sound Region. Development in the immediate area around the subject generally consists of older and newer homes on larger tracts of land. For statistical information on the area's residential market, a reVIew of the Northwest Multiple Listing Service (NWMLS) information for median house prices and units sold over the last five years was performed. The subject is located in the area identified by NWMLS as Area 493 - Brinnon. Information for this area, as well as immediately adjacent and competing market areas (Area 492 - Quilcene and Area 491 - Coyle), and Jefferson County as a whole, is included in the following chart: NWMLS Sales Data Units and Median Sales Price Avg. Annual % Change 2005 2006 2007 2008 2009 2010 2005-2010 Jefferson County 617 508 390 282 237 265 $286,000 $326,250 $328,500 $299,000 $269,000 $265,000 -1.5% Area 493 - Brinnon 51 37 19 17 11 10 $134,900 $170,000 $132,000 $234,500 $126,000 $155,000 3.0% Area 492 - Qui/eene 28 13 11 4 7 5 $175,000 $169,000 $182,500 $257,000 $95,000 $117,000 -6.6% Area 491 - Coyle 12 6 11 1 1 13 $244,000 $380,000 $265,000 $225,000 $180,000 $240,000 -0.3% Source: NJ.t7\.1LSfor Closed Residential ...\'ales Only - Decemher YTD As shown, the number of homes sold in the subject's market area, the Brinnon area, tends to comprise a small portion of the total sales in Jefferson County. This can be attributed to the fact that the subject's area in the southeastern extent of Jefferson County represents a less populous area with a more limited amount of development Allen Brackett Shedd 2011-2B.DOC - Copyright I[j 2011 Page 9 as compared to the area around Port Townsend and the Tri-County area to the northeast. Jefferson County, as a whole, experienced growth in the residential home market for a number of years prior to 2007. In fact, and as exhibited in the chart above, median home values increased just under 15% over the 2-year period from 2005 to 2007. The number of sales in the county remained relatively consistent through 2006, but began to decline in 2007, a trend that has continued to the current date, as the impacts from the economy and subprime lending fallout have been realized. As was the case with Jefferson County overall, the subject and surrounding market areas have experienced a similar trend with respect to a declining number of units sold and downward trend in values. Another view of the local real estate market can be obtained by looking at average time a property is on the market before it is sold. Longer market times often reflect an increase volume of inventory, or a cooling housing market. Average Time on Market Data 2005 2006 2007 2008 2009 20]0 % Change Jefferson County 107 116 136 169 176 143 33.64% Area 493 - Brinnon 102 105 144 183 134 107 4.90% Area 492 - Quilcene 159 199 179 142 155 139 -12.58% Area 49] - Coyle 176 III 200 281 95 195 10.80% Source: NWklLSfor Closed Residential Sales Only - December tTD The chart indicates that the hosing market began to slow in 2008. There has been mixed results in 2009 and 2010, which can primarily be explained by the reduced number of sales overall, especially in the subject market area. Nonetheless, the data for Jefferson County, which includes a larger sample, indicates a shorter amount of time required for sales to close, as compared to 2009, which indicates some stabilization in the residential market. This stabilization is further supported by trends in value over the last year, which is provided in the following chart. Allen Brackett Shedd 2011-2B.DOC - Copyright <1) 2011 Page 10 Residential Prices Apri/2009/hroughApri/2010 Avera!!e % Median % 2009 2010 Change 2009 2010 Change Jefferson County $300,139 $301,870 0.58% $269,000 $265,000 -1.49% Area 493 - Brinnon $135,590 $171,627 26.58% $126,000 $155,000 23.02% Area 492 - Quilcene $126,070 $177,199 40.56% $95,000 $117,000 23.16% Area 491 - Coyle $180,000 $339,382 88.55% $180,000 $240,000 33.33% It is noted that average prices experienced an increase over the last year in both Jefferson County and the subject's immediate area. In the case of the data reviewed, however, the average and median prices are skewed by the reduced number of sales, especially in the subject's immediate area. On the other hand, the information from Jefferson County as a whole, which includes a larger sample, provides signs of increased stability and activity. Nonetheless, the number of transactions and values generally remain below those experienced in 2007, which can be viewed as the height of the market. Discussions with various market participants indicate, however, that the slight uptick in sales activity over the last year should be viewed with caution. In other words, many parties active in the market, as well as other experts argue that the increased activity is a product of homebuyer tax incentives and low interest rates. In this regard, the termination of tax incentives, coupled with the eventual increase ill interest rates that IS anticipated to occur, could eliminate the apparent stabilization. Furthermore, while some positive signs have begun to appear in terms of the general economy, significant uncertainty remains. Many economic experts do not anticipate a quick recovery nor a return to the growth experienced prior to 2008. Rather, more stable and level economic conditions are anticipated in the near term. However, the lack of stronger growth in jobs and confidence argues against any new demand that would justify a return to the level of new development experienced prior to 2008. Allen Brackett Shedd 2011-2B.DOC - Copyright (i') 2011 Page 11 Parcel Map ~ Allen Brackett Shedd 2011-2B Copyright <!d 2011 PART 11- FACTUAL DATA - Description of the Subject Property - Site The subject property consists of four separate, but contiguous tax lots. The size of the various tax lots are summarized in the following chart: Tax Account Size (ae.) 602344009 602344010 602344015 602344023 Total 7.75 14.79 20.83 7.50 50.87 The size for each tax lot presented in the chart above reflects information available from Jefferson County Assessor's records. As is indicated, the various tax lots combine to form an overall site that is irregular in shape and contains a total of 50.87 acres. Of this overall area, 40.67 acres is located on the north side of the Dosewallips River with the remaining 10.20 acres located on the south side. - Topography The subject has a mixed topography that includes mostly level areas, moderate to steep slopes and low-lying floodplain areas. As exhibited on the topographic map included in this section of the report, the eastern most portion of the site consists of an upper plateau atop the ridge overlooking the Dosewallips River valley. Based on a scaling of aerial mapping, this level area is estimated to contain 3.5 to 4.0 acres. Steep slopes of greater than 50% can be found between the upper plateau and vast majority of the remainder of the subject, as these areas represent the valley wall associated with the Dosewallips River valley. The vast majority of the remainder of the subject located north of the river consists of level area located on the valley floor. The difference in elevation between the upper plateau in the eastern portion of the site and reminder of the site located on the north side of the river is Allen Brackett Shedd 2011-2B.DOC - Copyright <Q 2011 Page 12 Topography Map ~ Allen Brackett Shedd 2011-2B Copyright ~ 2011 approximately 100 feet. The portion of the subject to the south of the river has a similar mix of topography, which includes low-lying floodplain on the northerly area and a moderate to steep upward slope to the south on the southern portion. - Access Direct access to that portion of the subject located north of the river is provided by Dosewallips Road. This is a 60-foot-wide public right-of-way that is currently improved with a 2-lane asphalt-paved road. Approximately 0.50 miles east of the subject, Dosewallips Road intersects with SR-101, which provides access north to Quilcene and the remainder of Jefferson County. To the south of the subject, SR-101 provides access to Shelton. No legal access is currently available to the lO.20-acre portion of the subject lying south of the Dosewallips River. - Mineral Deposits A review of the property with respect to potential mineral deposits was performed. In this regard, there is no information identifying the property as having commercially valuable mineral deposits. Surrounding uses do not appear to be typically used for such purposes. In the absence of studies to the contrary, however, the right to revise the conclusion of value contained in this report is reserved, in the event studies are produced affirming commercially valuable mineral deposits. - Timber A timber evaluation of the portion of the subject proposed to be acquired was performed by Jim Frost, ACF, of Lusignan Forestry Inc. A copy of Mr. Frost's report can be found in the Addenda to this report. Based on his review, the timber value within the area to be acquired is relatively nominal at $1,327 and consists entirely of reproduction value. The characteristics of the overall property, which includes a mix of cleared areas, as well as areas with mature trees, is similar to a significant number of properties located throughout the subject area, including essentially all of the comparables utilized in arriving at a value conclusion for the subject and presented subsequently in this report. The privacy, amenity feature and generally undisturbed characteristic afforded by wooded residential sites are desirable factors for the typical buyer. As such, and when considering the Allen Brackett Shedd Page 13 2011-2B.DOC - Copyright <'J 2011 concluded highest and best use for the subject for residential homesite development, the retention of the existing tree cover on the subject, other than the small amount that would potentially be removed for homesites and view, is indicated. - Soils According to a review of the Jefferson County Soil Survey, obtained from the USDA soils mapping application, the subject is comprised of a mix of Grove Very Gravelly Loamy Sand, 0% to 15% slopes and 30% to 50% slopes, Belfast Fine Sandy Loam, and Alderwood Complex 0% to 15% slopes. Descriptions of each of these soils and their suitability for development are as follows: Grove Very Gravelly Loamy Sand comprises the upper plateau on the eastern portion of the subject, as well as the sloping hillside down to the floor of the river valley. The different slope classification reflects this soils location on the mostly level area that comprises the upper plateau of the subject (0 to 15 percent slopes) and in the area of the moderate to steep slope down to the floor of the river valley (30 to 50 percent slopes). This soil type is somewhat excessively drained with water movement in the most restrictive layer being high. Available water to a depth of 60 inches is very low. Shrink-swell potential is also low. This soil is not frequently flooded, nor is it ponded. Due to slopes, development of structures and roads are indicated as being very limited. The ability to support typical septic drainfields is indicated as being very limited due to slope, seepage in the bottom layer, and limited filtering capacity. BelfastFine Sandy Loam comprises that portion of the subject that resides on the floor of the Dosewallips River valley and thus comprises the majority of the overall site. This soil type is typically found on floodplains and is a well drained soil. Water movement in the most restrictive layer is moderately high with available water to a depth of 60 inches being high. Shrink-swell potential is low. The soils survey indicates that this soil is occasionally flooded and is not ponded. Due to the potential for flooding, development of structures and roads is indicated as being very limited. The ability to support typical septic drainfields is indicated as being very limited due to flooding, depth to the saturated zone and slow water movement. Alderwood Complex can be found on the southern portion of that area of the subject located south of the Dosewallips River. This soil type is moderately well drained with water movement in the most restrictive layer being low. Available water to a depth of 60 inches is low. Shrink-swell potential is also low. This soil is not frequently flooded, nor is it ponded. Due to the shallow depth to the saturated zone, development of structures and roads are indicated as being somewhat limited. The ability to support typical septic drainfields is indicated as being very limited due to slope, water movement and the depth to the saturated zone. Considering the foregoing factors, there are significant limitations on development on that portion of the subject located on the valley floor. In terms of the easterly plateau, the potential for constraints associated with dwellings and septic systems Allen Brackett Shedd Page 14 2011-2B.DOC - Copyright!;> 2011 Floodplain Map ~ Allen Brackett Shedd 2011-2B Copyright rg 2011 exists. On the other hand, existing development on the upper plateau ofthe subject and surrounding properties indicates that the subject soils appear adequate to support single-family residential development, including on-site septic systems. - Sensitive Areas / FEMA Floodplain Based on information available from Jefferson County, and provided by the client, the subject is impacted by multiple sensitive areas. In this regard, the subject's steep sloping areas, which represent the northerly wall of the Dosewallips River valley, are identified as having a moderate risk for landslides. This designation results in limitations on development on the sloping areas of the subject, as well as required buffers and building setbacks, which will be discussed subsequently. As the subject is adjacent to the Dosewallips River, a significant portion of that area located on the valley floor is identified as being within the lOO-year floodplain. Of greater significance in terms of its encumbrance is the fact that essentially almost all the subject located on the floor of the Dosewallips River valley is within a Channel Migration Zone. In addition to the subject's sloping topography, floodplain and Channel Migration Zone areas, a stream cuts across the western portion of that area of the property located north of the river. This stream is identified as being salmon-bearing stream associated with the Dosewallips River. - Easements and Encumbrances A title report for the subject property can be found in the Addenda to this report. The most significant easement indentified in the title report and apparent upon viewing the subject property consists of the 257-foot-wide BPA power transmission line easement that cuts across the central portion of the overall site in a northeast to southwesterly direction. While the easement encumbers a relatively large area on those portions of the subject located both north and south of the river, there is sufficient usable area outside of the easement to all for development consistent with the permitted by zoning. Other than this easement, there do not appear any other significant easements or encumbrances that would have a negative impact on the utility or uses of the subject property permitted by its underlying zoning. Allen Brackett Shedd 201I-2B.DOC - Copyright!:> 2011 Page 15 1<<1 Slight Risk "Moderate Risk Landslide Hazards Map ~ Allen Brackett Shedd 2011-2B Copyright :1J 2011 - Utilities The area of the subject property north of the rIver currently has power and telephone available from Dosewallips Road with existing service in place to the subject structures. Water is provided by a spring-fed water system with the existing residences also serviced by an existing on-site septic system. No power service is currently available to that area of the subject south of the river. Furthermore, this southerly area lacks a water source and septic system. - Zoning The subject property is currently zoned RR 1:20 - Rural Residential 1:20 by Jefferson County. This designation is designed to provide a buffer in areas adjacent to UGAs and designated forest and agricultural lands of long-term commercial significance, as well as protect areas identified as possessing area-wide environmental features, which constrain development, such as shoreline areas or areas of steep and unstable slopes. Uses permitted outright include single detached dwellings, mineral extraction, parks and playfields, recreational facilities, streets, and trails. With respect to residential development, one single-family dwelling per 20 acres of site area is permitted. A road setback of 20 to 35 feet is required depending on the classification of the road with side rear yard setbacks indicated at 5 feet. The maximum building height is 35 feet with impervious surface limited to 25% of the site area. In addition to the underlying zoning, the property is subject to additional development restrictions due to its various sensitive areas. Development is limited on the steep sloping area of the site. Furthermore, a buffer of at least 30 feet from the top and toe of the slopes identified as landslide hazard areas are required. No vegetation is allowed to be removed from the slopes or buffer areas. Due to the classification of the Dosewallips River, a l50-foot setback from the ordinary high water mark is required. This setback reflects the existing requirements associated with Jefferson County's critical areas ordinance. It is noted that Jefferson County in nearing completion of a revision to its Shoreline Master Program (SMP). It is anticipated that the new SMP is to be approved in the near future and will require a similar l50-foot setback from the Dosewallips River. With respect to the stream on the subject, a similar setback from the ordinary high water mark of 150 feet is Allen Brackett Shedd 20Il-2B.DOC - Copyright 'f:J20Il Page 16 ,"'.~~~~ ----.-High Risk _Moderate Risk Channel Migration Zone Map ~ Allen Brackett Shedd 2011-2B Copyright ,~ 2011 required based on its salmon-bearing classification. Development within the IOO-year floodplain is allowed so long as the lowest level of the structure is above the base flood elevation and steps are taken to anchor the structure and allow for the movement of flood waters through the foundation. However, the limitation on development in the Channel Migration Zone, which includes, and in some areas, extends beyond the subject's IOO-year floodplain, is more restrictive. In this regard, no building development is permitted in Channel Migration Zones having a high risk designation. - Assessed Value and Real Estate Taxes Tax information for the subject is as follows: 2010 Values Fair Market Value Assessed Tax Account Land 1m pro vemen ts Total Land Improvements Total Taxes 602344010 $74,480 $75,095 $149,575 $74,480 $ 75,095 $149,575 $1,167.50 602344009 $11,]65 $0 $11,165 $1 ],165 $0 $11,165 $99.78 602344023 $31,415 $0 $31,415 $31,4]5 $0 $31,415 $248.30 602344015 $25,910 $0 $25,910 $25,910 $0 $25,910 $207.94 Totals $142,970 $75,095 $218,065 $142,970 $75,095 $218,065 $1,723.52 - Description of Improvements The property is currently improved with an older, smaller single-family residence, a manufactured home and garage/shop structure. The various improvements on the subject property are located outside of the proposed acquisition area. Furthermore, and based on a review of the subject improvements, they are concluded to be unaffected by the partial acquisition proposed. Considering these factors it is unnecessary to include the improvements in the analysis with the valuation contained in this report reflecting the market value of the subject's land only in both the before and after condition. Allen Brackett Shedd 201I.2B.DOC. Copyright !Q201I Page 17 PART III - HIGHEST AND BEST USE Highest and best use is defined as: 5 The reasonably probable and legal use of vacant land or an improved property that is legally permissible, physically possible, appropriately supported, financially feasible, and that results in the highest value. As the definition states, a determination of highest and best use is guided by the following parameters: 1) physically possible; 2) legally permissible; 3) financially feasible; and 4) maximally productive. Physically possible uses require an analysis of both the improvements (existing or proposed), as well as the underlying land. Size, topography, shape, access, soil conditions, wetlands, and utilities are all factors affecting the development potential of a given site. With regard to the improvements, obviously it must be physically possible to construct a building before it can be considered the highest and best use. Legally permitted uses are those which fall within current zoning laws and are permitted by all agencies having jurisdiction. These may include federal, state, and local laws; zoning, as mentioned; private and deed restrictions; as well as the possibility for zoning changes and variances. The financially feasible category analyzes those uses that are physically possible, legally permitted, and which provide an adequate investor return. For income properties, this return is measured monetarily, while non-income-producing properties provide a somewhat less tangible measure of return. Risk is a primary determinant in the assessment of adequate return. Finally, the uses that satisfy all of the above criteria can be analyzed. The one use, which provides the highest return, is considered maximally productive and, thus, the highest and best use. 5 From The Appraisal of Real Estate, Thirteenth Edition, 2007, Appraisal Institute, page 278 Allen Brackett Shedd 2011-2B.DOC - Copyright 1iJ2011 Page 18 - As If Vacant Land is valued "as if vacant and available" for development to the highest and best use. Those uses that are legally permitted are discussed first. Legally Permitted. As discussed in the Zoning section of this report, the subject is zoned RR 1:20 by Jefferson County. This zoning designation allows for the development of residential uses at one dwelling unit per 20 acres of site area. However, the subject is comprised of four existing legal tax lots, each of which could be utilized in determining the number of homesites allowed. When considering this factor, the overall subject could potentially be developed with up to four single-family homesites. In addition to those requirements associated with the subject's underlying zoning, any development must take into account the various sensitive areas on the subject including its steep slopes, location along the Dosewallips River, its associated steam, Channel Migration Zone and each area's required buffers and/or setbacks. Nonetheless, the subject has sufficient area outside of the required setbacks/buffers and steep sloping areas on which development could occur. Physically Possible. The area of the subject north of the Dosewallips River has readily available access from the abutting Dosewallips Road. Furthermore, power and telephone are available to the this area of property with water provided by an on-site spring-fed water system. For development to occur, an on-site septic system would be required similar to that currently serving the existing improvements. In terms of physical characteristics, the subject has a varied topography including a generally level upper plateau, moderate to steep sloping areas, as well as low-lying floodplain area on the floor of the Dosewallips River valley. While the majority of the subject consist of low-lying floodplain, the upper plateau at the east end of the site and north of the river is of sufficient size, at an estimated 3.5 to 4.0 acres, and shape to allow for development with a single-family homesites as permitted by zomng. Financially Feasible/Maximally Productive. The legal constraints and physical characteristics of the subject indicate a reasonably probable use for the property for residential homesite development. Such a use mirrors the character of the immediate area and takes advantage of the subject's river frontage and territorial view amenities. In addition, the relative affordability of the subject area, as Allen Brackett Shedd Page 19 2011-2B.DOC - Copyright 10 2011 compared to other areas in the greater Puget Sound area with similar rural character, and view amenities, makes the subject desirable for a residential use. Such desirability is reflected by the steady demand in the subject area over the time period leading up to mid-2007 and continued, but lesser amount of new development since. Considering these factors, as well as the subject's larger size and river frontage, it is well suited for rural residential homesite development. The four existing legal tax lots provide for the potential of up to four single-family homesites. To achieve four buildable homesites, a boundary line adjustment would likely be required in order to provide each resulting lot with sufficient buildable area outside of the various sensitive areas on the subject. Discussions with Jefferson County Planning staff indicate that such a boundary lines adjustment is permitted with all areas of the site, including the sensitive areas and portion of the subject lying on the south side of the Dosewallips River, having the ability to be utilized in meeting lot size requirements. In the case of the subject, the minimum lot sizes are dictated by the size of the existing lots, in that any revised lots must be at least the same size at that prior to a boundary line adjustment, all but one of which falls below the minimum lot size required at 20 acres in their current condition. In other words, the revised lots could fall below the minimum lot size currently required by the underlying zoning with the only requirement being that none of the revised lots are more non-conforming than was the case prior to the boundary line adjustment. While the subject has the potential to support up to four homesites, current market conditions must also be considered. With respect to current market conditions, the tightening credit market and fallout from sub-prime lending and mortgage backed securities has resulted in decreased sales activity and declining property values. Furthermore, it has led to a very limited amount of new development in the subject's immediate and surrounding area. These factors result in a relatively high level of uncertainty as to the timing of any development on the subject with a single-family residential use. Uncertainty associated with the overall economy and financing difficulties represent other factors affecting the timing of the ultimate development of the subject. A buyer of the subject, like other market participants, would likely delay development until an indication of continued stability and/or additional positive economic signs that would help to offset or alleviate some of the uncertainty experienced in the last two years. As such, the highest and best use of the subject is to hold for future development with up to four residential homesites. Allen Brackett Shedd 2011-2B.DOC - Copyright @2011 Page 20 - As Improved The subject is currently improved with an older, smaller single-family residence, a manufactured home and garage/shop structure. As discussed previously in this report, the existing improvements are located outside of the proposed acquisition area and are concluded to be unaffected by the acquisition. As such, it is unnecessary to include the improvements in the analysis of the subject and proposed acquisition with the valuation contained in this report considering the subject's land value only based on its highest and best use as if vacant. Allen Brackett Shedd Page 21 2011-2B_DOC - Copyright :g 2011 PART IV -ANALYSES AND CONCLUSIONS TO VALUE - Valuation The valuation of the subject site is obtained through an application of the Sales Comparison Approach to Value. As the subject is valued as a vacant site, the Cost Approach and Income Approach are accordingly not utilized. Under the Sales Comparison Approach, the subject is compared to sales of other sites within the area with similar zoning and highest and best use as that of the subject property. Adjustments are considered for differences such as size, shape, topography, location, and zoning. Based on a comparison with the comparable sales, a value is concluded for the subject site. - Sales Comparison Approach The Sales Comparison Approach has its basis in the principle of substitution, which states that no prudent purchaser would pay more for a property than it could reasonably acquire an alternative property of comparable utility. In order to evaluate the subject property, a search was conducted to find recent sales of similar properties within the market area. Adjustments are made to the unit sale price to compensate for differences including physical characteristics, size, and location. These adjusted unit values are correlated to a single unit value, which is then applied to the subject. The subject's immediate area has experienced limited sales activity in the recent past. This can be attributed to the limited number of larger properties similar to the subject, as well as economic and market difficulties over the last several years. As such, the search for comparable sales was expanded to include older sales, as well as properties from a wider geographic area with adjustments considered to account for changes in market conditions, as well as for any differences in values attributed to location. With the above factors in mind, the following is a summary of sales that are considered most comparable to the subject: Allen Brackett Shedd 2011.2B.DOC. Copyright cg 2011 Page 22 ; i II II ~ ~~ ~ .JII: ;6 I I ~,)i 1C -i !Ii'. m Comparable Land Sales Map Allen Brackett Shedd 2011-2B Copyright <() 2011 Comparable Land Sales Sale Location Sale Analyzed Size PricrJ Date Price (ae.) ae. \Vaterfront Zoning Tax ill 1 SWC SR-IOI and Four "''heel Dri", Road 02/16110 5150,000 2136 $ 7,022 2 NEe (bUTch Road and Brinnon Cemetery Road 02/09/1 0 5196,000 . 20,00 $9,800 3 231 Coyle Road 01/11/10 $151,000 48,00 $3.146 4 42xx FS Road 2510 11/09/09 $155,000 18,07 $8,578 5 4220 Duckabush Rd 06/25/09 $160,000 22.00 $7,273 6 5xx Dosewallips Road 07/08/08 $72,000 2833 $2,541 7 xxx BuckoomRoad Listing $149,000 33,00 $4,515 '" Actualsa/espl'iceof$226,OOO, afwhich $30,000 was attrihutedto timber value N/A N/A TamoD Creek Duckabush River Duckabush River Dosewalhps River Spencer Creek RR 15 502282007 RR 15 602353005 RR 120 801334004 RR 120 502074007,028 RR 120 503013001 RR 120 602344015,023 RR 120 602023003 Sale 1 consists of a single tax lot located along the west side of SR-101, south of Four Wheel Drive Road. The property is irregular in shape, contains 21.36 acres and has a mix of mostly level terraces and moderate upward slopes to the west. The site also have a mix of generally cleared areas, as well as a variety of younger trees, the latter of which reflects the timber harvest performed on the site in 2005. The location of the property and its sloping topography provide for excellent views to the east and south overlooking Hood Canal. The property's RR 1:5 zoning designation would allow for the development of up four 5-acre homesites. In order for development to occur, however, on-site wells and septic systems would be required. The buyer purchased the property with the intent to hold for future development. Sale 2 is located at the northeast corner of the intersection between Church Road and Brinnon Cemetery Road. This 20-acre site, which consists of a single tax lot, is rectangular in shape, level, has no significant sensitive areas, and is covered by a significant amount of mature trees. The Washington State Department of Parks and Recreation purchased the property. The buyer approached the seller directly with the sales price based on an appraisal. Furthermore, the sales price reflects the property's ability to be developed with four homesites as allowed by its RR 1:5 zoning designation, as well as the lack of on-site wells and septic systems. The price also included a value contribution from the existing timber on the site estimated at $30,000. As such, a land only value at $196,000, or $9,800 per acre is indicated. The Parks Department acquired the site for the development of a treatment and disposal system to handle waste water from Dosewallips State Park. Sale 3 is the purchase of a single tax lot containing 48 acres and located on the north side of Coyle Road, east of its intersection with Dabob Post Office Road. The property is irregular in shape and has a gradual upward slope from west to east. Allen Brackett Shedd Page 23 2011-2B.DOC - Copyright <J 2011 Tarboo Creek cuts across the central portion of the property in an east-west direction. At the time of the purchase, the property was improved with an older, smaller single-family residence that was served by a spring-fed water system and septic system. This structure was, however, considered to be of no contributory value and has since been removed to allow for the buyer's planned redevelopment with a newer, larger single-family residence. The proposed residence is to be located on a predetermined 1.25-acre portion of the property in the southwest corner of the site, reflecting the fact that the entire property is encumbered by a conservation easement. Discussions with the listing broker indicate that the property had been listed for an extended period with the sales price falling below the market value of the site due to seller motivation to complete the sale. Sale 4 consists of two separate, but contiguous tax lots that produce an overall site that is irregular in shape and contains 18.07 acres. The property is located on the south side of the Duckabush River, directly across from the western terminus of Coyote Road. The site is remote with access provided via a long I-lane gravel forest service road that commences at the western terminus of Fulton Creek Road. In terms of topography, the property has a moderate to steep downward slope from its southern boundary to its northern boundary, the latter of which consists entirely of frontage on the Duckabush River. Nonetheless, there is sufficient area, which the seller indicates to be five acres in size, that is mostly level and could support development. Any development of the property would, however, require an on-site well and septic system, as well as a generator due to the lack of power service to the area. Discussions with the seller also indicate that the buyer purchased the property with no plans for immediate development. Sale 5 is located on the south side of Duckabush Road, west of Coyote Road. The property consists of two separate tax lots, one of which is located on the north side of the Duckabush River and is readily accessible from Duckabush Road. The other tax lot is located on the south side of the river and has no legal access at the current time. With respect to topography, the northerly tax lot includes a mix of mostly level and moderate to steep sloping areas. The area of the property to the south of the river has an moderate upward slope to the south. Power is available from Duckabush Road with an on-site well and septic system required for development to occur. According to the listing agent, the buyer intends to hold the property for future development. Allen Brackett Shedd 2011-2B.DOC - Copyright'Q 2011 Page 24 Sale 6 is the 2008 purchase of the subject lots identified as 4015 and 4023. The 28.33-acre property is irregular in shape, located south of Dosewallips Road and spans the Dosewallips River. The area of the site located south ofthe river contains 10.20 acres with the remaining 18.13 acres located on the north side. Access to that area north of the river was provided by an access easement extending from Dosewallips Road across the easterly abutting Coone ownership. That area of the site located south of the river, on the other hand, has no legal access. A larger power transmission corridor cuts across the property in a northeast to southwest direction. Furthermore, the vast majority of the site north of the river is within the 100-year floodplain and/or a high risk Channel Migration Zone associated with the Dosewallips River. At the time of the purchase, the area of the site north of the river had power service and access to a spring-fed water system. The property was acquired by the Coone family for assemblage into their larger, easterly abutting ownership. Discussions with Mr. Ron Coone indicate that the property was not actively listed. Rather, the seller had previously indicated the willingness to give the Coone family the first opportunity to acquire the site in the event of a planned sale. Nonetheless, Mr. Coone indicated that another abutting owner had also expressed interest in the property. Sale 7 is the current listing of a 33-acre site located on either side of SR-101 at its intersection with Buckhorn Road. The area of the site east of SR-101 has a moderate to steep upward slope to the east. The western portion of the site, on the other hand, is generally level and consists of low-lying area surrounding Spencer Creek, which follows a course parallel to and just west of SR-101. The property is generally cleared reflecting a prior timber harvest by the current owner. For development to occur, an on-site well and septic system would be required. Discussions with the listing agent indicate that the property was originally listed at a price of $200,000, or $6,060 per acre in early 2010. As a result of limited interest, the asking price was reduced to its current level at $149,000. - Adjustments to Sales Prior to adjustments, the sales present a range on a price per acres basis from $2,541 to $9,800. For comparison with the subject, adjustments have been considered to each sale to account for transaction-related factors (rights conveyed, conditions of sale, financing, and market conditions), as well as adjustments for Allen Brackett Shedd 2011-2B.DOC - Copyright ~ 2011 Page 25 varIOUS differences with respect to physical characteristics (location, Size, access, utilities, topography/shape/sensitive areas, zoning, amenities/view, and water frontage). In terms of the rights conveyed all of the transactions represent the transfer of 100% fee simple ownerships, and thus no adjustments for this factor are necessary. The financing adjustments are necessary for sales that were financed with atypical terms. This includes seller financing with non-market interest rates or abnormal down payment levels; the theory being that a comparable figure for use in appraisal analysis should reflect a cash-equivalent price, or a price that is commensurate with existing market terms at the time of sale. In this regard, none of the sales involved atypical financing and thus no adjustments are necessary here either. Conditions of sales reflect adjustments for sales, which occurred under unusual and specific conditions. In this case, all of the sales represent straight-forward, arms length transactions. Furthermore, and with the exception of Sales 3 and 6, none involved any unusual pressure on either the buyer or seller that affected the sales price. As such, no adjustments to Sales 1, 2, 4, 5, and 7 for this factor are required. In the case of Sale 3, discussions with the broker involved in the transaction reveals that the seller, who was in almost immediate need of the proceeds from the sale, was willing to accept a lower price to complete the transaction in a shorter period of time. As such, an upward adjustment to this transaction is warranted. An upward adjustment to Sale 6 is also considered to account for the fact that the property was never exposed to the open market and acquired through an informal right of first refusal to an abutting owner. With respect to market conditions, the residential market in the subject area, as well as the greater Puget Sound region has been impacted by worsening economic and market conditions. Due to a multitude of factors including, but not limited to, decreased demand, lack of financing, increasing unemployment, and a record number of foreclosures, residential property values have declined since their height in 2007 to 2008. The decline in residential property values is exhibited by the data compiled from NWMLS and presented previously in this report. On the other hand, more recent activity over the last year, which is also reflected in the NWMLS data presented previously, indicates increased signs of stability, a leveling in prices, and Allen Brackett Shedd 2011-2B.DOC - Copyright@2011 Page 26 in some areas, slight increases. In addition, and while limited, a number of paired sales were identified as summarized in the following chart: SaleslResale Summary Chart Current Sale Date Sale Size Price/ Time Annual Sale Identification/Tax Acconnt No. Prior Sale Date Price (ac.) ac. (Years) % Change A 70210 3003 09/08/10 $114,500 20.00 $5,725 3.05 -10% 08/23/07 $160,000 $8,000 B 601343038 10/21/09 $105,000 3.00 $35,000 I .51 32% 601343030 04/17/08 $115,000 5.00 $23,000 C 601343038 10/21/09 $105,000 3.00 $35,000 1.38 31% 601343032 06/04108 $120.000 5.00 $24,000 0 993500022' 01/10/11 $47,000 0.48 $98,947 2.78 -2% 993500006 04/02/08 $56,000 0.53 $105,263 E 995400094' 01/10/11 $24,000 0.23 $104,348 2.85 4% 03105/08 $21,500 $93,4 78 * Current activit reflects curren/listing The first three transactions consist of paired sales in which the sales price reflects actual closed transactions. Sales D and E, on the other hand, are based on the current listing of the property in comparison to a prior purchase. As was the case with the NWMLS data, the transactions presented above provide mixed results. This is to be expected during a period of uncertainty and attempt to return to stabilization. In reviewing the transactions, caution is given to the significant appreciation exhibited by Sales Band C, as some adjustment is warranted to account for the more recent transaction's smaller size and thus higher indicted price per acre value. Nonetheless, and even when considering this factor, these two paired sales provide an indication of at least a leveling in values. The most significant indication of decline is exhibited by Sale A. However, this sale and resale of the same property occurred over a longer time period as compared to that between the comparables used in the valuation of the subject and current date of value. As such, Sale A reflects the significant drop in values since the height of the market in 2007, which according to other data, has been partially offset over the more recent past. Based on the foregoing data and analysis, the subject market appears to have achieved some stability over the last year with values generally remaining flat. With this in mind, and in the case of Sales 1 through 4, all of which occurred in late Allen Brackett Shedd 2011.2B.DOC. Copyright <1'! 2011 Page 27 2009 to early 2010, no significant adjustment for market conditions is considered. Slight downward adjustments are, however, considered to Sales 5 and 6 to account for the downward trend prior to late 2009. In the case of the current listing, Sale 7, a downward adjustment is warranted to account for the tendency of sales pnces falling below the listing price. With respect to physical characteristics, adjustments that were considered to be appropriate are discussed below. Location: All seven comparable are similar to the subject in terms of their general location being located in the southeastern area of Jefferson County with Sales 2 being within the subject's immediate neighborhood and Sale 6 consisting of a portion of the subject property itself. The location of Sales 1, 3, 4, and 5 are considered similar overall when taking into account their proximity to major routes and commercial services. As such, the only comparable requiring an adjustment for this factor is Sale 7 to account for its location straddling SR-lOI and thus reduced privacy. Site Size: In general, an inverse relationship between site size and per acre values is exhibited by the sales and other market activity reviewed, all other thing being equal. As such, and considering the subject's size at 50.87 acres, downward adjustments to all but Sale 3 are warranted to account for their smaller size. No adjustment to Sale 3 is necessary due to its similar size to that of the subject. Utilities: The subject enjoys direct access from a 2-lane, asphalt-paved county road. Sales 1, 2, 3, and 7 share this characteristic resulting in no adjustment for this factor. Upward adjustments to the remaining sales, Sales 4, 5, and 6, are considered to account for their inferior access from I-lane gravel roads, which in the case of Sale 4, represents a long, winding forest service road. The subject property has an existing well and septic system in place with power and telephone utilities available from Dosewallips Road. Only Sale 3 is comparable to the subject in this regard and thus no adjustment for utilities is necessary. Ofthe remaining comparables, Sales 1,2, 5, 6, and 7 have power and telephone available from their respective fronting streets, but lack onsite wells and septic systems. Accordingly, upward adjustments to these comparables are considered. A more significant upward adjustment to Sale 4 is warranted as it not only lacks an onsite well and septic system, but also has no power service available. Access: Topo.lShape/Sens. Areas: The subject is irregular in shape, and has a varied topography including mostly level areas, moderate to steep slopes and low-lying floodplain areas. Sensitive areas on the subject include the steep slopes, the required setback from the Dosewallips River and associated stream corridor in the northwestern portion of the site, and 100-year floodplain/Channel Migration Zone, the latter of which encumbers a significant portion of the subject property. In addition, a large power transmission corridor cuts through property. However, the majority of the subject site within this easement consists of low-lying floodplain/Channel Migration Zone. The Allen Brackett Shedd Page 28 2011-2B.DOC - Copyright IQ 2011 eastern most portion of the site provides 3.5 to 4.0 acres on which development could occur. With respect to the comparables, Sales 1 and 2 are superior in that neither has any significant sensitive areas that would limit homesite location. Accordingly, downward adjustments to these comparables are considered. While Sales 4 and 5 each have a topography, shape, and/or sensitive areas that reduce flexibility with respect to homesite location, the area encumbered on each represents a smaller percentage of the total as compared to the subject. Accordingly, downward adjustments to these to comparables are applied. The three remaining comparables, Sales 3, 6, and 7, are more similar to the subject in terms of their ratio of usable area and thus no adjustment is made. Zoning: Sales 1 and 2 are zoned RR 1:5, which allows for development at a density of one dwelling unit per five acres of site area. As this is a higher density zoning to that of the subject, downward adjustments are considered to these two comparables. The remaining sales have the same zoning designation as the subject. Sales 4 and 6 are each comprised of two existing legal tax lots, each of which could theoretically provide for a separate dwelling unit. This characteristic is similar to the subject, which represents an RR 1:20 zoned site, but consists of multiple existing tax lots. Furthermore, a boundary line adjustment would likely be required in both instances due to each property's physical characteristics and constraints. As a result of these similarities in relationship to the subject, no adjustment to Sales 4 and 6 is considered. As Sales 5 and 7 consists of single tax lots with no potential for further subdivision, upward adjustments are considered. Similarly, an upward adjustment to Sale 3 is warranted to account for the fact that its development is limited to only one homesite as a result of the conservation easement in place. For the most part, each of the comparables is similar to the subject in terms of privacy provided, with the majority also enjoying views of the surrounding landscape and Olympic Mountains. In the case of Sale 1, however, its expansive views overlooking Hood Canal are considered to be superior, for which a downward adjustment is considered. While Sales 2, 3, and 7 enjoy territorial and some mountain views, they are not as expansive to that of the subject and thus upward adjustments to these sales are considered to be appropriate. AmenityNiew: Waterfront: The subject enjoys frontage on the Dosewallips River. Sales 4, 5, and 6 enjoy similar frontage with Sales 4 and 5 having frontage on the Duckabush River and Sale 6 being on either side of the Dosewallips River. As such, no adjustment is necessary to these three sales. Sales 3 and 7 enjoy a stream front amenity due to the steams that cut across each respective site. Nonetheless, the subject's frontage on the Dosewallips is superior resulting in an upward adjustment to each for comparison. Sales 1 and 2 lack any form of a water front amenity resulting in the consideration of a more significant upward adjustment. The above adjustments are not meant to be precise, but rather are utilized to show the thought process of the appraiser, and factors considered in the analysis. With this in mind the following chart is presented: Allen Brackett Shedd Page 29 2011-2B.DOC - Copyright 'Q 2011 Land Sales Adjustment Chart - Before Phvsical Features Sole Rights Conditions Market Site TopogJShapel Amenity/ Cumulative Sale Price Conveyed or Sale Financinl! Conditions Location Size Access Utiities MOS. Areas limine: View Waterfront Jndication 1 $7,022 0 0 0 0 Similar Sup(-) Similar Inf(+) Sup (--) Sup(--) Sup (-) Inf(++) SUperior (---) 2 S9,800 0 0 0 0 Similar Sup (--) Similar Inf(+) Sup (--) Sup(--) lof(+) Inf(++) Superior(-) 3 53,146 0 + 0 0 Similar Similar Similar Similar Sim~ar Inf(++) lof(+) 10((+) Inferior (---+++) 4 S8~78 0 0 0 0 Similar Sup(-) Inf(+) Inf(++) Sup(-) Similar Similar Similar Similar 5 $7;273 0 0 0 Similar Sup(-) Inf(+) 10f(+) Sup(-) Inf(+) Similar Similar Supeiror(.) 6 $2,541 0 + 0 Similar Sup(-) Inf(+) lof(+) Similar Similar Similar Simim Similar 7 $4,515 0 0 0 lof(+) 5", (-) Similar lof(+) Similar Inf(-) lof(-) lof(+) Inferior (+++) - Reconciliation and Conclusion of Value After adjustments, a value for the subject around the midpoint of the price per acre range is indicated. More specifically, a value below the upper end of the range is appropriate when considering the subject's larger SIze, and/or high ratio of undevelopable areas as compared to those properties that set the upper end of the pnce per acre range. Conversely, a value for the subject above the lower end of the range IS appropriate when considering the subject's significant amount of river frontage and additional development potential provided by its four existing tax lots. Considering the foregoing analysis, a value for the subject at $5,500 per acre is concluded. Applying this value to the subject area results in a total land value conclusion calculated as follows: 50.87 acres @ $5,500/acre = $279,785 ROUNDED $280,000 - Conclusion of '73efore" Value Based on the foregoing analysis, it is my opmIOn that the market value of the subject property, land only, in its current condition, as of January 10, 2011, is: 'lWO HUNDRED EIGHTY THOUSAND DOLLARS ($280,000) Allen Brackett Shedd Page 30 2011-2B.DOC - Copyright :('J 2011 $Jl;?M~'~j OO-}M~ce.0 ;f~~Ht ~ Proposed Acquis'ffion e..~\~ ~.~ ;:w.})~J;jt 002J4~ ~Xlf}t !!>;.l;;!:');t4.:)1$ _08 Proposed Acquisition Map ~ Allen Brackett Shedd 2011-2B Copyright <!;; 2011 PART V - DESCRIPTION AND VALUATION OF "AFTER" CONDITION - Description of Project and Acquisition Area The proposed acquisition from the subject property is to be utilized in association with salmon habitat recovery, protection and conservation purposes. To that extent, Jefferson County intends to use the portion of the subject to be acquired in fee to aid in reestablishing and protecting habitat along the Dosewallips River. With this in mind, the proposed acquisition consists of a 10.20-acre potion of the subject lying on the south side ofthe Dosewallips River. The entire 10.20 acres is to be acquired in fee. - Discussion of Subject in the "After" Condition As a result of the proposed acquisition, the overall subject is reduced in size to 40.67 acres reflecting the fee acquisition of the 10.20 acres located on the south side of the Dosewallips River in the before condition. The subject's other physical characteristics, including its shape, access and availability of utilities remain essentially the same as in the before condition. In this regard, the 40.67-acre remainder property is irregular in shape and consists primarily of low-lying floodplain area located on the valley floor and within the floodplain/Channel Migration Zone of the Dosewallips River. However, the entire upper plateau in the eastern portion of the site is outside of the proposed acquisition and is thus retained in the after condition. As such, the after site retains the same amount of usable area on which development similar to that in the before condition remains possible. - Highest and Best Use - "After" Condition While smaller in size, the subject retains adequate developable area and shape in the after condition to support development with a single-family residential use. It also retains it characteristic as being comprised of four existing tax lots. Furthermore, the subject retains similar access and availability of utilities to that of the before condition. Considering these factors, the highest and best use of the subject in the after condition, as if vacant, remains unchanged from that of the before condition and is to hold for future development with up to four homesites. Allen Brackett Shedd 2011.2B.DOC. Copyright <Q 2011 Page 31 - Valuation of the Property in the "After" Condition In valuing the subject in the after condition, the methodology utilized is similar to that of the before condition and involves the Sales Comparison Approach to value. In this regard, the majority of the subject's physical characteristics are largely unchanged, other than the reduction in its overall size. As such, those sales utilized in the valuation of the before condition remain applicable to the analysis and valuation of the after site. For the reader's convenience, these seven sales are again summarized in the following chart: Comparable Land Sales Sale Location Sale Analyzed Date Prke Size Price! (ac.) ac. \Vaterfront Zoning Tax ID RR 1:5 502282007 RR 1:5 602353005 RR 1:20 801334004 RR 1:20 502074007.028 RR 1:20503013001 RR 1:20602344015.023 RR 1:20 602023003 1 SWC SR-I0l and Four Wheel Dri", Road 02/16/10 $150,000 21.36 $7,022 2 NEe Church Road and Brinnon Cemetery Road 02/09/10 $196,000 * 20.00 $9,800 3 231 Coyle Road 01/1 ]110 $151,000 48.00 $3,146 4 42xx FS Road 2510 11/09/09 $]55,000 18.07 $8,578 5 4220 Duckahush Rd 06125109 $160,000 22.00 $7,273 6 5xx Dosewallips Road 07108/08 $72,000 28.33 52,541 7 xxx BuckOOrn Road Listing $149,000 33.00 $4,515 ~ Actual sales price of $226,000, of which $30,000 1f'Q.\' attributed to timber value N/A N/A Tawoo Creek Duckabush River Duckabush River Dosewallips River Spencer Creek - Adjustments to Sales As the majority of the subject's physical characteristics remain largely unchanged from that of the before condition, including its location, access, utilities, zoning amenity/view and water frontage, those adjustments made to the various sales III the before condition for these factors remain applicable and unchanged III comparison to the subject in the after condition. Furthermore, adjustments for the transaction-related items (rights conveyed, conditions of sale, financing and market conditions) remain the same. In regards to site SIze, and topography/shape/sensitive areas, a reanalysis of the sales has been performed and is discussed below. Site Size: In terms of size, the adjustments to the sales have been revised to account for the 40.67-acre after site. In this regard, the subject remains larger in comparison to the majority of the sales and thus downward adjustments to all but Sale 3 remain appropriate. The magnitude of these adjustments is, however, reduced to account for the subject's smaller size. As the after site is smaller than Sale 3, an upward adjustment to this transaction is considered. Allen Brackett Shedd 2011.2B.DOC - Copyright '92011 Page 32 Topo.lShape/Sens. Areas: The vast majority of the 40.67-acre after site is similar to the before condition in that it consists of mostly level floodplain/Channel Migration Zone area on the floor of the Dosewallips River valley. As a significant portion of the subject property in the after condition remains encumbered by sensitive areas, it remains inferior to Sales 1, 2, 4, and 5. Accordingly, downward adjustments to these four comparables similar to those considered in the before condition remain appropriate. Furthermore, Sales 3, 6, and 7 remain generally similar to the subject in the after condition, and thus like the before condition, no adjustment is necessary. As was the case in the before condition, the above adjustments are not meant to be precise, but rather are utilized to show the thought process of the appraiser, and factors considered m the analysis. With this m mind the following chart IS presented: Land Sales Adjustment Chart- Mter Pb..."iCJlI Features Sol, Rights Conditions Market Site TopoglShapel Amenit)'1 Cmnulathre Sa" Price Conveyed of Sale Financio2" Conditions Location Size Acc:rss Utilities SeIlS. Areas Zonint! View ,,"'aterfront Indication I $7,022 0 0 0 0 Similar S", (-) Similar Inf(-) Sup (-) Sup{-) Sup (-) Inf(++) Superior (--) 2 $9,800 0 0 0 0 Similar S", (-) Similar Inf(-) Sup (-) Sup{-) Inf(+) Inf{++) Superior(-) 3 $3,146 0 + 0 0 Similar Inf(+) Smlllar Similar Similar Inf(+-) Inf{+) Inf(+) Inferior (-++++) 4 $8,578 0 0 0 0 Similar S", (-) Inf(+) Inf(++) Sup(-) Similar Similar Similar Inferior(+) 5 $7.273 0 0 0 Similar S", (-) Inf(+) Inf(-) Sup(-) Inf(+) Similar Similar Similar 6 $2,541 0 + 0 Similar S", (-) Inf(+) Inf(.) Similar Similar Snnilar Simim Inferior(+) 7 $4,515 0 0 0 Inf(+) Sup(-) Similar Inf(-) Similar Inf(+) Inf(+) Inf(+) Inferior (+++) - Reconciliation and Conclusion of Value After adjustments, a value for the subject above the midpoint of the price per acre range IS considered to be appropriate. Such a conclusion reflects the subject's generally inferior physical characteristics in terms of size, topography and sensitive areas as compared to those sales that set the upper end of the range. Nonetheless, a per acre value above the midpoint of the range remams appropriate when considering the subject's significant amount of river frontage on the Dosewallips, as well as the fact that it is comprised of four existing tax lots, the latter of which provides the potential for up to four homesites. With the above factors m mind, a value for the subject at $6,000 per acre IS concluded. Applying this value to the subject area results in a total land value conclusion calculated as follows: 40.67 acres @ $6,000/acre = $244,020 ROUNDED $244,000 Allen Brackett Shedd Page 33 2011-2B.DOC - Copyright l1) 2011 - Conclusion of "After" Value Based on the foregoing analysis, it is my opinion that the market value of the subject property, land only, subsequent to the partial fee simple acquisition, as of January 10, 2011, is 'lWO HUNDRED FORTY-FOUR THOUSAND DOLLARS ($244,000) - Summary and Conclusions From the above conclusions, the value difference due to the proposed partial acquisition is as follows: "BEFORE" LAND VALUE: $280,000 "AFTER" LAND VALUE: $244.000 DIFFERENCE $36,000 The value difference indicated above reflects the market value of the area to be acquired, all of which consists ofthat area of the subject located on the south side of the Dosewallips river, includes steep sloping areas and/or area within the floodplain/Channel Migration Zone, and lacks legal access. Allen Brackett Shedd 2011.2B.DOC. Copyright '1:J 2011 Page 34 CERTIFICATION OF VALUE I, the undersigned, do hereby certify that, to the best of my knowledge and belief: · the statements of fact contained in this report and upon which the opinions herein are based are true and correct · the reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions · I have no interest, either present or prospective in the property that is the subject of this report, and no personal interest with respect to the parties involved. · I have no bias with respect to the subject property, or to the parties involved. · My engagement in this assignment was in no way contingent upon developing or reporting predetermined results, nor was it based on a requested minimum valuation, a specific value, or the approval of a loan · My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal · My analyses, opinions, and conclusions were developed in conformity with the Uniform Appraisal Standards for Federal Land Acquisitions (UASFLA) and the Uniform Standards of Professional Appraisal Practice (USPAP), except to the extent that the UASFLA required invocation of USPAP's Jurisdictional Exception Rule, as described in Section D-1 ofthe UASFLA. · I have made a personal inspection of the subject property, and the owner or owner's representative was given the opportunity to accompany the appraiser on the property inspection · No one provided significant real property appraisal assistance to the person signing this certification, with the exception of the person(s) shown on additional certification(s), if enclosed. · This report was prepared in compliance with the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute · Use of this report is subject to the Appraisal Institute's right to review the appraisal report · As of the date of this report, I have completed the continuing education program of the Appraisal Institute · In my opinion the market value of the subject property is: January 10, 2011 Date of Value: "BEFORE" LAND VALUE: $280,000 "AFTER" LAND VALUE: $244.000 DIFFERENCE $36,000 ~~~ Gregory L. Goodman, MAl State Cert. #27011-1101089 Allen Brackett Shedd 2011-2B_DOC - Copyright rg 2011 Page 35 Addenda Allen Brackett Shedd 2011~2B.DOC ~ Copyright fj 2011 Title Report Allen Brackett Shedd 2011-2B.DOC. Copyright f:J 2011 Jefferson County Environmental Health Atln: Tami Pokorny 6] 5 Sheridan Street Port Townsend, WA 98368 P'.. . ~.~...~'''''~fIfIl~.. .IRST. AMERlCANTJTLE COMPANY ofJe/frrson Cr1unty PO Box 598 · 2424 South Park Avenue, Port Townsend, W A 98368 Phone: (360) 385-1322 Fax: (360) 385-1877 VVednesday,September29,2010 Re: Order No.: Reference No.: Pareel #: 52794 10-396 602344015 Dear Tami Pokorny, VVe are pleased to have the opportunity to be of service to you. Enclosed, please fmd your commitment for title insurance. Also, enclosed is our Owner/Seller Affidavit that must be completed by the owner/seller and returned to our office as soon as possible. This document needs to be signed in front of a notary. VVe have notary services available for your convenience. Thank you for your continuing business. Sincerely, First American Title Company OfIeffenon County AME.R, C' '1 1- FIRST AMERICAN TITLE INSURANCE COMPANY OwnerlSeller Amdavlt State of Washington: ss. County of Jefferson: The undersigned, Verla G. Coone, (the Owner), has personal knowledge of the facts sworn to in this Affidavit and has the power and authority to execute this Affidavit on behalf of the Owner, being first duly sworn on oath, deposes and says; That the Owner is the fee simple owner and is in possession of the property described in First American Title Insurance Company Order No. S2794, and also attached hereto, and made a part hereof. That no proceedings in Bankruptcy or receivership have been instituted by or against the Owner and the Owner has never made an assignment for the benefit of creditors; (list any exceptions; if none write "none") That there is no action or proceeding now pending in any state or federal court in the United States to which the Owner is a party and which affects the Premises; nor is there any state or federal court judgment, state or federal tax lien, or any other state or federal lien of any nature against the owner which may constitute a lien charge upon the Premises; Olst any exeeptlons; If none write "none") That the Owner's possession of the Premises has been peaceable and undisturbed, and that title to the premises has never been disputed or questioned; (set out names and interest e1almed; If none write "none") That there is no pending litigation or dispute regarding the lines and corners of the Premises; (list exceptions; If none write "none") That there are no delinquent real estate taxes or unpaid current real estate taxes; nor any pending or levied . assessments on the Premises, including but not limited to those for sidewalks, streets, sewers and water lines, that the Owner has knowledge of; (list exeeptions; If none write "none") That the Owner has not caused any work, services, or labor to be done, or any fixtures, apparatus or materials to be furnished, in connection with, or to, the said premises, except such materials, fixtures, work, apparatus, labor or services as have been fully and completely paid for; that there is no claim or indebtedness to anyone for any labor, fixtures, apparatus, materials, services or work done to, upon, or in connection with the said premises; that there is no mechanics lien claim against the premises, whether of record or otherwise; (if any unpaid, name claimants and amount due for eadl; if none write "none") Owner/Seller Affidavit Page 2 Except as set forth in the aforesaid Commitment, there are no unrecorded mortgages, improvement loans, chattel mortgages, conditional bills of sale, contracts of sale, (except that in connection with which this affidavit is given), security agreements, agreements not to sell or encumber, fmancing statements which affect the Premises or which affect any fixtures, appliances, or equipment now installed in or on the Premises; (if any unpaid, name claimants and amount due each; if none write "none")) That all tenants or parties who have ]easehold or tenancy rights to occupy any portion of the Premises are those listed below and none of such parties has any right to the Premises other than its right as Owner, or any right of first refusal or option to purchase the Premises. Please comDlete the followin!! bv checkine the aDDroDriate number below. (If number 2 is cheeked nlease comDlete the information on the lines Drovided) ]. Residential Tenant Leases only with a tenn of one year or less. 2. The following commercial leases affect the subject property: 3. Any holder of right of first refusal or option to purchase: That all charges for water or sewer services provided to the Premises by the county and/or city in which the Premises is located which are currently due have been paid; (list any exceptions; ifnone write "none") That (if appllcabk and a s""'ey has been provided) the survey depicts all of the improvements located on the Premises as of the date of the survey, and there have been no structural changes to the exterior of the buildings shown on said survey since the date of the survey; (list any exceptions; if none write "none") That the Owner is not a foreign person, foreign trust or other foreign entity as those tenns are defined in or contemplated by Section ]445 of the Internal Revenue Code of 1986, as amended, and regulations promulgated pursuant thereto; (if owner/seller is not a US citizen or US entity please explain) Owner/Seller Affidavit Page 3 OwnerfSeller(s): Verla G. Coone STATE OF COUNTY OF } l SS: I certify that I know or have satisfactory evidence that is the person(s) who appeared before me, and said person(s) acknowledged that he/shelthey signed this instrument, and acknowledge it to be hislher/their free and voluntary act for the uses and purposes mentioned in this instrument. Dated: . Notary Public in and for the State of Residing at My appointment expires: Commiunent No. 52794 Page 1 of6 ~~~1~~~~.n COMPANY ~lJeffersl)n COlm~y 2424 South Park Avenue Port Townsend. WA 98368 SCHEDULE A Commitment No.: 52794 Reference No. : 10-396 Seller : Coone Buyer : Jefferson County Effective Date of Commitment: September 14,2010 at 8:00 A.M. Prepared For:. Jefferson County Environmental Health Tami Pokorny 615 Sheridan Street Port Townsend, W A 98368 Inquiries Should be Directed to: First American Title Of JefTerson County Researched By: Amy Arey Your title officer for this transaction is Amy Arey. If you have any questions concerning this title commitment, please do not hesitate to call me at (360) 385-1322 or e-mail aarey@fatcojc.com BY~ Amy Arey, Title Officer 1. Policy or Policies to be issued: (a) ~ AL TA Owners Policy Standard Amount Premium Tax S TBD $ $ Proposed Insured: JefTenon County, a political subdivision of the State of Washington 2. The estate or interest in the land described or referred to in this Commitment and covered herein is Fee Simple. 3. Title to said estate or interest in said land is at the effective date hereof vested in: VerJa G. Coone, as her separate estate CommilmCnl No. 52194 Page 2 of6 4. The land referred to in this Commitment is located in the County of Jefferson, State of , and described as follows: The East 0/. of the Northwest 'I. ofthe Southeast Yo of Section 34, Township 26 North, Range 2 West, W.M., Jefferson County, Washington; EXCEPT the East 'I, ofthe Northeast Yo of the Northwest Yo of the Southeast Yo and the Northeast Yo of the Southeast 'I. of the Northwest V. ofthe Southeast Yo. Situate in the County of Jefferson, State of Washington. 2 Commilment No. 52794 Page 3 of6 SCHEDULE B Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. A. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records B. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry or persons in possession thereof. C. Easements, claims of easement or encumbrances which are not shown by the public records. D. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public record. E. (A) Unpatented mining claims; (B) reservations or exceptions in patents or in acts authorizing the issuance thereof; (C) water rights, claims or title to water; Whether or not the matters excepted under (A), (B), or (C) are shown by the public records; (D) Indian tribal codes or regulations, Indian Treaty or Aboriginal Rights, including easements or equitable servitudes. F. Any lien, or right to a lien, for services, Labor or Material therefore or hereafter furnished, imposed by law and not shown by the public records. Any lien, or right to lien, for services, labor materials or medical assistance theretofore or hereafter furnished, imposed by law and not shown by the public records. G. Any service installation, connection, maintenance, construction, tap or reimbursement charges/costs for sewer, water, garbage or electricity. H. Defects, liens encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgages thereon covered by this Commitment. Special Exceptions: 1. Lien of the real estate excise sales tax and surcharge upon any sale of said premises, if unpaid. As of the date herein, the excise tax rate is 1.78%. Tax code RCW Chapter 82.45. LPB Commitment No. 52794 Page 4 of6 2. General Taxes. The first half becomes delinquent after April30lh. The second half becomes delinquent after October 31'1: Year: 2010 Amount Billed: $ 212.94 Amount Paid: $ 106.47 Amount Due: $ ] 06.47, plus interest and penalty, if delinquent Tax Account No.: 602 344 015 Assessed value: $ 25,910.00 3. Reservations contained in instrument. Recording No.: 96390 As follows: And there is reserved from the lands herein described a right-of-way for all public highways that may be constructed thereon by the authority of the Board of Commissioners of Jefferson County 4. Easement, including terms and provisions contained therein: Recorded: October 22, ] 947 Recording No.: 111947 In favor of: United States of America For: Maintain, repair, rebuild, operate and patrol one or more transmission lines Affects: Portion of said premises 5. Easement, including terms and provisions contained therein: Recorded:. August 25, ]969 Recording No.: 202047 In favor of: United States of America For: Transmission line easement Affects: Portion of said premises 6. Right to make necessary slopes for cuts or fills upon said premises for Dosewallips Road as granted by deed recorded December 14, 1959 and March 30, 1979 under Recording No. 163657 and 256744. 7. Terms, covenants, conditions and/or provisions contained in an easement serving said premises, as contained in instrument: Filed: May 30,1997 Case No.: 96-2-00253-3 Judgment No.: 97-9-00189-1 8. Any question that may arise due to the shifting and/or changing in the course of Dose wall ips River. 9. Right of the state of Washington in and to that portion, if any, of the property herein described which lies below the line of ordinary high water of the Dosewallips River. 10. Rights of the general public to the unrestricted use of all the waters ofa navigable body of water not only for the primary purpose of navigation, but also for corollary purposes; including (but not limited to) fishing, boating, bathing, swimming, water skiing and other related recreational purposes, as those waters may affect the tidelands, shorelands or adjoining uplands and whether the level of the water has been raised naturally or artificially to a maintained or fluctuating level, all as further defined by the decisional Jaw of the state. (Affects all of the premises subject to such submergence) 4 Commibnent No. 52794 Page 3 of 6 II. Deed of Trust and the terms and conditions thereof: Grantor: Richard D. Coone and Uerla G. Coone, husband and wife Trustee: Jefferson Title Company Beneficiary: Kathleen R. Bradford Revocable Living Trust dated September 26, 2007 and any amendments thereto, Kathleen R. Bradford, trustee $ 64,800.00 July 3, 2008 November 26, 2008 538978 Said premises and other property Amount: Dated: Recorded: Recording No.: Affects: Said instrument is a re-recording of Recording No. 535457. 12. The Company has been asked to issue an owner's policy without disclosure of the liability amount. This commitment shall be effective only when the amount of the policy committed for has been inserted in Schedule "A" hereof. The forthcoming policy must be issued in an amount at least equal to the full value of the estate insured in accordance with our rating schedule on file in the office of the Washington State Insurance Commissioner. The Company may have further requirements if the undisclosed amount to be insured exceeds the current assessed valuation. 13. Manufactured home title elimination application recorded under Recording No. 389289, which recites that a manufactured (mobile) home is, or is being, affixed to said premises. End of Special Exceptions Notes: The legal description in this commitment is based on information provided with the application and the public records as defmed in the policy to issue. The parties to the forthcoming transaction must notify the title insurance company prior to closing if the description does not conform to their expectations. A. Abbreviated Legal Description: Pm NW SE 34-26-2W B. Attached herewith is First American Title's form of Owner/Seller Affidavit. This form must be completed and signed before a notary public and returned to First American Title Company of Jefferson County. Please do so as soon as possible so as not to cause any delay in closing of your transaction. 5 Commitment No. 52794 Page 6 of6 Schedule C The following are the requirements to be complied with: 1. Instruments necessary to create the estate or interest or mortgage to be insured must be properly executed, delivered and duly filed for record. 2. 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'.~'. . ..~;.'. t", .. ... .. , Ililll.II~III~,~~~2 J.".nan Ocult... WR "IctWIO 0CI0Nf c1!bi:a/Tr~.:r:4IP WHEN RECORDED RETURN TO: ~ 11\ ./~ /J A A!' ..-./11 JeftersonCounlyExclsel1 06 ~ IY Clf'V~ ~D'" D Z "Z- ~ ell ml p 0 ~ c:R 1--n-?f&11l./ftPpg Z'b Deputy Treasurer Recorded at the request of: QUIT CLAIM DEED Reference # (IfappJicable): Gr8llIor{s): (J) (2) Gr8DIees{s): (I) (2) Additional Grantor(s) on pg. Additional Grantees{s) on pg Legal Description (abbreviated)~~", w.OI Additionallegals(s) on pg Assessors Tax Parcel ID# ("N~ I "-,,J uex \u.... O. c.co>'\.c.... l?;<.ho.....O O. I. /' ;'/ THE GRANTORS, R. (.<... !-t 11 AJ C7. If/,V"c.I --U.. e fa t. /l "', .....o"'";t..C. ~ kus/t"......J - w < "... fox and in conaideration of -to COv'V"!e;1 l-e1o...( D"I "S(; 40~~ I v eoV' Ie:... 0. ot> "-'- .. 'T7' hrl'''.c{ "_And .J-l..(:I.t.1l G. "ahe.. conveys and quit c1ums to '., <:. , p.t.\ L b r> n('\ - ....., oF ~ tlte following deacribed reel ~&te. situated in the County of Jeffer3011, State of Washington, logether with all after acquired title of the I!f8lltors therein: tbr'tioV\ of- ~ ~ 1/4 04, uP. ~w see 0.. +tCt.U1e.d {Ov fvl \ \eqaJ. (j}.,~rJ!! f) ~_ Daledthia~daYOf~ _ /1';''''/__ Lf~L. .l'fAB or~ _ror 0" tU. ..., ....--u.r _..." ...to.. -t\Ck\O...v~l.l:u:ICt.. c~ - ""- ta Jill. tb :l.adJ.YichaaJC!!) t.ut ...-GatH t.... wit~~ tongol:ao .l..~t ael .abM4..... ~bu Ja./Q.'~,tpacl It.h ... .. w../H,.'e.t:'r.. .... 'f'Dlua:t_:I')' aG1: &DdI d..elf for "'. .... iIu:l PI.,....... -t.Uz..,t.. ~,,"L.a""'. C" .,y ~... flh.al ...1 t.Ja,t. .l.1:::.- EMyof ~ ~ ..... IIIDIIIIIIIII::~~5~.. ".Uer"", tDU'11!r' , .. R1CfAIID COON! aCD 311." Beginning at the NW corner of the NW1I4;NEI/4; SEI/4; Southerly, along the W boundary line 669.73 to the NW comer of said NW1I4, SWII4, NEI/4;SE1I4; continuing southerly along W boundary line 333.89 feet the the SW corner therof; thence Eastern along the south border line of said NW1I4;SWI/4;NEl/4;SEl/4 332.75 feet to the SE corner therof; then northerly along the east boundary line of said NWI/4;SW 1/4;NEl/4;SE1I4 335 feet to the NE comer thereof, then east along the south boudary line of the NWI/4;NE1I4,SE1I4 332.82 feet to the SE corner thereof, then in a North Westerly direction, back to the point of beginning, all in section 34 township 26 north, range 2west, W.M. situated in Jefferson County, Washington Parcel #602 344 009 I.. 2i l: .1 cj ~) ~. ~ {: '. " TIll GUN'TllI. Qd a-"'- DMcI ItI&Ul coo.., UI lu...rrl,4 _n I , I '1 - .... ..... It .......... of r."..... .,.t. ct I oti (Ion' -r ........ lit ItleMr' D. Ceo"" UIIl Unl. O~. hi. wit. .. ....... ....... ..., ..... ....... It .. a.r of J.tt.,... ..... ., .~........ ......AIlI_ _... ...... ........... .r .......-... ......... tM oo..tllw.o\ t .t th. Rori.h..t l .r tJI. Iollf.h...t ! .t ...tlon ", ,."..,Ilip " llD,U,1 lI.lIP :r hot, ....... Ue~,.~r~.., T:'f:1lmGl' tho :'orth....' \ .r th. """,,,..t t .t th lIO!'th...t ! .r tllO ...u.oo.t 1 .t ..14 StOLlOll ~. ..1.lI0, tll. Iouth . .r t~. ~o.t . .r tt.. lo'lthoo., t .r I.h' "'nh.... ! ., tII. 1Dla\ll..., ~ ot ....tln .,., !"own.hI, ~ tlGrUl, ll.nIW J ...t, ..,. ALIO, th. lIorth ,~ r..,.t th. ..14h.... t .r th. !IolItlI..., t .f SMU.n ~ " ~l.. all Korth, 1I0l\&0 I \fo,t, .,.~~" neEr1:!'] 'rT.l~0l' th.' u"..fn 'r..t ....lpt'.4 Olltl'.. Ce."t,r "."...~" ~lot .no! DooerlpU.n ..... .. Toll 1'10. 1 In .a1. Ioetl.a "'. ..iII Tn' ~ 7 b\1I1 "urlh.. ~II \Mt nrt,ln 4". .etor.... in "1... ,.. 01 Dt.", on P'/lO 71:1, ".cord. .r I.tre"on C'''''\V. l5~ .,,, \t' 4.~....., ,''': f."..~. . ~ \1 -:1 .,....S Ir"..tlllltY.rt LUI.:,'rY 'flUf All , "4.' ,'A. . .,..~~..,.--- .' .,_..~~-.-- tJfY. {~~ I~~' Ce~~t --- t-t "Aft 0/1 WA!lIIIIfOTClII. ( .~"C~ \.. \ Cla.......--.............. It..th Coo.. . _ ... too Ie 1M.......... ....... It .. ~ ..... ... ........ .... ....... .. ..... .. -"... I o.t;U.A. ..... ... _ II ~ .. .. ........., 1IU .... ..... .. .. - .. ,.,.. ..... -....... ...' . 0I\'IIf ....,., .,.... oM! fOIl . "l f - .., " ~ f q u ,,~~., .,":':'J~" ..... ~~ ,.. ~ 2 ~ . "ttoclI._llIl111...... . lio<lo.,llI_IInd..Il_lIo................,.,.... H...s"'whIdl...--.d"""'".....lliiI.~.. 0 RiMClWD J '. ....................- -.............. . ............... 1-- . . .' ...-.7111 TOTA/. .... Tot.. . . I...."... ,................ ....... .... ..................IJ .....,.... ...... .. ."-. lOR 1 l _. -'-' _In A ..1.. 110... "....211 The South~~ qverter of the ~rthealt qu.r~~r 0' the .outh..~ qu.rtlr Q~ Section Jt~ ~.hlp ZI North. ..Og. 2 welt. V.M.r' PClPTIIIO THI..,rRCM tl'lll IIorU.."..t qu.rter at the' lSouth"U IIUIIrtlr 0' tn.: Jlorthee_t qu.nlr of l:.I1e SOUthl'lt qUI1'~el" of ..t.d Sect 10ft 34, IlLBO. the SOUth haU ot the iM'e.t "'U ot thl SOUtllean quartu' of ttl. ",octbe..t quaner 01 t!'\e. .south-e"to quart.u of Sac:tlDl'li 1.. To,,"R1Jl 26 lIorth. 1l.ngtI 2 "..t. ..........J EXcl'tTIJI'G TRSRlrlUJol ttJft. portion of .aJd 11'1"1..1... ca"~ bV deed. to .,JefUnon County for 'l'CMd 'PtlrpOl.. ~.COTdltd unu..: JIIIeUtor'. .u. .0. IJGJ4' and ;;I5'14t A~O~ tM t(Drth )]0 het of the South..ft quart"' of the SCJuth...t quarter of SecU.Qn .14. Town.h1'p .. JIIort". 'Rangll!! l Me_t.. 1I.Md IXCKPT1~ TH8R.F~ thlt ce~t.in tt~et d..Sgnete4 on the COunt, ~..I~r~. 'let .~ velc:rlption Boot a. "'JI: Jlo. ? In aaiel 'ection It. .dd.,.... 110. ., :be!ng ~criblld .. that cB.t'uln deed TII!!C!orded. In Vol\J,"e 9t of o.ed., on pa98 70. rec::ordll of ,JeUe:r.on COlmt,. Weltdl"9tOll"l. Situate in ~tv of 3effer.o", Sl.te 01 ~.hJnttO". dl~ L ./tl. G. C. Wi. 546 ru857 i-. 0;. W"- .-nlod ntlll'1l tol {~,~~"""'=,. ~.... Mr..... Mn. Rlcbnl D. Coo.. PO" 22lI IrIII-. WAH32' FOod.... Recqrd _1leq..11 of ..1If_ TIlle Co..pP)' IlIClllW Nvmber: 'I2193JMJC StlItlltory W.rraaty Deed 1HB GRANTOR bllI... R. ....dtltnl ItmIable u.... Trul lII'" Septmber 26, 24It'I' ud In)' ___CS ....... KaIIl_ .. .,..dIVrd, TndM for IIId in -..\dcnllOll or TEN DOLLARS AND 0'J1fE1l GOOD AND VAU.lABLI: CONSIDERATION in bend pilei, COIIVO)'IIIId wmlIIllIlo RldulrcI D. C-. ... UIrlI G. Coon, ...b8.d Ind wIIIlbe folllN'in& dellOribed Jell _, .llI1IIed in the COIIIIIy of leer-, s. ofWuIlIlIItCln Abbmllled Lcpl: PIn SI! 34-26-2W For FuR LepI See Aollllcllod J:llIIbll "A" kbject ilK M. Clan, 4Ittertllcol.. t."IIlII" A" IlbdIod PnIo IJIlI..I. I plrt .,., 1D:.....1 NIIIIber(.): f02 U4 G15. 602 344 G2J 0eIed ....,. J. ~ 1C1lh_1L IlIIdfcml ~lllc UvI... Tl\lSIlWcd s..~lh..lh.. 26, 2007 1M IIIJ' 1IIIC1IcImemIlhmlo J/ _ I.~~' I -r:: ~\\lI\lllll1""ll f.H ~ ~ LIIM~f~ "'~,\"''''H'r ;/~"" By. ICIlhIcen IL 8 Trus," ' I 'ti ~... '\ .0T04" S ~ i!t to,. J. g ~ i!.. ,.,,~ ~::: 0:;..... '~IQ 0 € ~ ,~~ ~ ~ STATIlOP I ~ 0... ...~ ~ COUNI'Y OF I 58: ~lll itA stt'':,,# 1(11"I/IIl"j\'~' I ~ dlIt or \wIc ntltlllctoly tvidcftcc Kalll.'- R. Bnd(ori She II aatharized l\I CQCbIolhc Ins1nImetlI md IdcnowIedJOd il 81 ... Iiped this ii..b........I. 011 odI.... lIlIl Iho T...... ofKMh'" R. INdford Be_bIe u.... Tnul lilted Seplcmller 26, 2007 ..d .nT ._d...11I1flIreto to be dle he UId _"", oct .ftur.h JlIlItY lIlr lb. "... I1Id JNI'PO* monl1oned In 1hI. lllIlrumonL DIIcd: LPB lO.(lj(I-l) Pol< I or] 111111111111~~~5:~,~ Jerr.r-sDl'\ ~t., Rl.IIIf. JU'fDtON; ,.11\.1 CO I _ ....... EXHmlT A PAllCEL A: 'I1Ie J!III % or1he Ncxthwat % of !he SoaIhasl 'A of Section 34, Township 26 North, Ranae 2 Wen, W.ld., Jeft'mon County, Wuhlqfon; Except die Eut lli NortMut 'A ofllle Northwat \4 of the SouIhOllSt \41lld the Nortbust Y< of the So\IIheut Yo or1he NOI1bwell'.4 orthe Southeast '1<; SI\um in die COlIIll:y of Jefrenon, Stale of Wuhlllacon. p.u.cm. B: TheEul Y.of1he NorII1out ~ or die Ncxthwellt y; oflttcSoutheut 'A IIIdlbo Northeast \4 of lito S~ W ordle NorIhwnt \4 oflbe Southeut \4 In SOClion 34. ToWlllilip 26 NortIl, Ranae 2 West, W.ld. KtTenan County, Wuhlnaton; TOJCdIer with 11I_ f'oJ Inpess ad qren, _...., IIClOIlItho exlslina pwll'Ollll, IS it exiIled In May 30, 1997,1ocaIed 011 the North lli of the West \oS of the Southwest \4 ofllle Nol1heatl \4 of the Soudleut \4111C1!he Nonbwut'i\ oflhe NonMaSl 'to oftl1eSoulheul 'A ohald Section ]4... deli... In Jefreraon County SlIpOrior Court C_ No. 9\S 2 OO2S] 3; SfnIaIe in !he eo.nty of Joffenon, SI8IlI of Washington. 1Ditl1l~ DB Inllial ~ ~ t. IlDC lnilial~ VGC I. ~ idCIudllls terms and provisiOllI contained dIeoein: 1tccordocI: Occober 22, 1947 JlecosdiDB No.: 11I947 rn favor of: Unillld Sl:ateI of America Por: Mairnam. n:pair, rebuild, open(e IlId (NIII'OI one or moreltln!ll1liuloft Un. Afl'eclI: Porrion of lito property herein de,"ibod 2. Euement, lnclcdin, tenlII and provisions contained 1bereln: Jlacorded: AUJIIS12S,I969 RDoonIlns No.: 202047 1II faYIll' of. United S~ of America For: TnInImlulon line _oment Afl'eeIs: Portion of the property henrin described 3. Condhiona, 1IOteI, _llIIII, provisionJ conlllined andlordelinOlllOd on die face oflhe survey rec:onIcd UDder Jeft'onon County roconlin, no. 3S9nO. 4. T_, COWlIII/ItI, oonditions and/or provisions contained In an easement servinS ..id premisos, IS coatainlld in Inrtrumenl: ~~ ld~3~1997 Cae No.: 9\S-2-OO2S3-] J\ldamentNo.: 97-9-00119-1 S. lliabl of the ... of Washln8'Dn in II1ClIo ttsat pofIion, if any. of the plO,.ny herein described which lies below rhe Jine of onlill8l)' "ish waler of Ihe Dosewal1lps River. LPBIOoO.l(loll ....2 on 1111111111'lml:~~S~~,.. ",.n.,..Dl"I CDUnty AI.d .'IIISCIlI T%n.I co 1 5WO U..- II. RiptI ofllle general public 10 the unretltric:1al use Dr-lithe waters ofl navipbhl body ofwllGr II/lI only for the primlllY JIUIPOIll ofillvigatlon. but 1110 for corollary PUlpOlCJ; inc:luding (but lIOt Hmilocllo) lIBhina. boa.tilll. balltina. swimlllin& wlller lkiin. and other rellled recratIonal pIIlJIOIes. II thO$\! -. may lItfect the tidelands, lborelmds or Ildjoining uplands 8IId wbether lite level of1he water hIS been nsillll Dlturally or lITliflcially to a maln1lined or OUClUlltin, Jevel, an IS fiutbez cIefIned by the declaionallaw of the llate. (AfRcta all of the pmniHI lubject to such 1U1ItDapace) ItIillaJ .Ilti- KRB Initial II t ROC InitiBl~ UOC 106-390 DEEDS 963110 Filed January 13th, 1942. Paul W. Thiele, as Treasurer nf def~erson County, State of Washington the party of the first part, to d. N. Dorr. party of the seoond part. COUN1'Y DEED. Dated January 13th, 1942. Cone. $60.00. No. 3027. J WITNESSEr.B, That whereas, at a public sale of real estate, held on the 3d day of January A. D. 1942, pursuant to an order of the Board of County Oommissioners of the County of Jefferson, State of Washington, duly made and entered, and after having first given due notice of the time and plaoe and terms of said sale, and whereas, in pursuance of said order of the said Board of County Commissioners, and of the laws of the State of Washington, and for and in considera- tion of the sum of $60.00, Iswful money of the United States of America, to me in hand paid, the receipt whereof is hereby acknowledg. ed, I have this day sold to J. N. Dorr the following described real estate, and which said real estate is the property of Jefferson County, and which is particularly described as follows, to-wit: The West Half of the Northeast Quarter of the Southeast Quarter (Wi of NEt of SEt) of Section 34, Township 26 North, Range 2 West, W. M., containing 20 acres, more or less. And there is reserved from the lands herein described . right of o:f way :for all pUblic highways that may be constructed thereoQ. by the authority of the Board of Commissioners of Jefferson County, Washington, situate, lying and being in Jefferson County, ~ashington, the said J. N. Dorr being the highest and beat bidder at said sale, and the said sum being the highest and best sum' bid at said sale; .N........ (.... 1..,.-41) VI. tI2.. '~i' t'pa..t .... ....,1M' TRANSlII8SION' L1NB B~1III!II12Ift Tile GRAIITOR, h.rel.. e. etJled ....,,,.. "0 or ...., WIU.1I I. CO alii UIIlIf I.. ClOLI, h.-bu.d MIl wit.. r". an<l In "..ndd...U,," ., UIa au. 0' ,m ..._'DIm - - - - -- . - - - . ... .. - - - - - - - - - . too "" .. - - - - - _ _ .. . ,;. . _ DeJ.1arl (t590.oa ) t In hand pold IIJ the IlIlITllD 11'U.' DF .-IC&, .....l't ..r .hl..11 1. bo..'" .01ni"'..'..1I, IIerollJ 1I.000t.. u.lo1..o, ..11., ond eo"o.J. ,. ,". mrlftD. If'''' Of' ,.rel. .1Id U.~ ..014", . pe.p.tual .....nt ond .1111t to .nto. .... ..ee', .po.oto, _18t.ln, 1'0..1.. ~ '. I rebulld,.nd petrol _ 0.'-.. .a.ot.1o ....... traM8...1ea 11M. o.'o"...t<iuIIS ....... Iln..,p..~.. t....., .1..., o.b..., .. ."li.na.. ..e.....' 1ft .....e!~.1I ,.......... .' In, up..., .....r.; ":'IlIe.. .... .,n".. tile t.ll~l,,"'....l!Md ....... .t ..... ...,~ ..,..'''. ,}: or J.ttol'll. , IIItM n.. .t ....~ ~., ~',I,., . ,; ''''.';>i.'~f ~~;. J . ,oltt,i.a,.t~:';t:,~ lIlat portS.. .t tIl. . 'A II tIl. .. of ... lilt fit ..... J,t... .. " ~:T"i;i.L\., ~ '-*'pl6'.."" ..... t ...t II ill. .11l_W.INrW..."ltttti.....J':~~.::~~l..'0,. C-1:J,' .....1qtoo., '*... lie. 'd1lll. . nrip at .....IIGO ron,Ia,,,"_,. '....." ; ',r.. . tile ...lIub. fI',.U .Wi, ":I:,... 50' 1'... di..... -wriT'rNa, '. \:,~~..!J'~ :'::! , .50 t.n .......t w..t....,. traa, .. ,..,..11.. tie ill. ~ lU. fliIl. .:, "",. <'.": !'.' t. ....l.....l_t tnaoa1..1. 11M, OIl _ 10._'" .tIdoot ...... ' :. ~".!' : .:'.... 1~4 ......., uro.., 1IJlOIII, _I... ...,..... _ .. .... _~.. ...~' ..., . '.:.~:'. '"Jr, ..14 ......,. 11.., -be ,ott...1or1,. .....I'DW' 1Ili,' bU... i . 'I 'l~""'. .i. . ;~* , .~, hCbahc .t .....,. ..ti.. IJ,27 + &t., ~ ,.!U .. .... ..iIl 1*. "{f:~;:,~t ;:'. ~.' .r ,..ti.. 34. '1'_..", S!6 ......' IIIII~ t ...11, ...., .....,.ta1l MUI " " . ..19'" 34' I. . 41......011655.' t.... t.... .. .......... .... wi .au~ 1"';< e..u_ 311. tile.. .. 46. 22' I. ...oIl..... or J615di ren .. nrwr ..d_ : ~.+ 151.8". ..... .. 151" OT' .1. ~ ........ "'.l~.r,o' .,.,...." "'., ....i; .,..!- JlJ77 + '0.0 . polat .. tit. _t 11ae tit ..u ...ti_ JIt... MK ..... . 1I.lq ....tf 56'. 11'~ . 4i1hllO. ., 699,L t..lI t_.....~'....'........"... llII .tM. ..u .Ll. eI ...ld ,..tlo. ,.. . '. . 'j. L'l I' . , ,,: , [" . , : ~ . ~ .. .~. . ~",' . , .' '.' , os..', .,.,.~!. ,J". ..~ . . , r'- l,Il.;', "",' I... . . , , t~,., ,.., I. .. " , " 'r ", . ..,.,.,..... ""'~' ~.,,~...,."'... .,,,,,..(<"';',,,,. ., . lilIl ".."f !,if'.'.. ...I",~.i~'~:i :4't-f.:..'r' ""'.I"~ . ," ";; ')j.t~.\~.' '~:il'tll. '''.'''.' .u" '''I '1.&'" to olu. .dd porod Dt l.nd .nd n.p 'h. u. cl... Dr .11 , _''''''. u...... ."UOhl'.., .nd tl.. h....d.. p.nld.d "0....... '''. .o.d. "U.. 11",..11.. ....11 nDt II. Int.....tad .to Inolu". I...lnl c..... .nd .100 th. p....nt ,,~ tutu.. .11'" '0 top, 11-'. t.ll, .nI ...on .11 I.owlnl t...., d..d t.... o. .~I. (0011..'1..1, ,.ll.d ...nl.' t....., IDo.t... on O..nto.'o l.nd .4J.e.nt to ..1. ,....1 ot'l.nI, .hloh oould toll upon D.....ln.t ..14 t..n..t.olon and 0leno1 11.. t"oIUU... to Illft AIlD TO IIOIlI ~,!I. N....nt a... .1lhto unto tho III1lTBD 1\'1.718 0' A11IRICA ... i'.....isn-. tor..... T'" ..0..'0. .....nonw to .114 with 'h. UIIJT1lD IltATI!II OF AIIIlRICA ani B. ...1.... ... Uat 'lia .'1&1.' '0' 01111._11 ..... UIIb.. out .... .._..4 t.OIl ..Id po.ool ot 10M .nd .."" :.i.(i.e;i.;. !i~.,'; l.~~ ~~r.~.':'or ;",.0.' 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OF vJASH COIJIITY 0.. ,(/ ':f ) 00 I On tho "~-d.j ot CJ~"'" ,"' .nd tor .ald Count, an<l State, tho I\II.bu' and '11'1,.., to Me peroondb Imo,", to ba tll' ldenthd persolla d...rll1.d 111 OIId wIIo ,,,,"to' tile ,..Ullln .nd t.rololnl! lnatrUlllont and o.lIIIowl.dl'" to II' that the, ...outed tbo .... u their tr.. .nd yolI111C'" a.t .nd ...d, tor Clio ..... and llUrp08" th.roln ...nt-lofted. , 18~f, pe,.on.ll, .... lI.to,. ... a noto" pollll. In ..lthln-no..d WillS. I. Col. ... ..... L. Col., Glftl _or ..''l''I'~~ ...... t. 80,t"., ." ~ I) ...../... J I' " ..- ~~...t,...:~,ltl..l. ..~....... ~... ..,\"f,... :-.:,+ ... ....\ ..'" ~-,,~ NOn." ':.! .~. ..!."c..,\\IL'Cd'~LJ "\""1'.' -. '.,.. . "'~':o.'t.U,\~,"..;' \L!.'''' ...,.......1\\' . 'i)lll.'" tl~'~.." ,.,'11,.,..... II, r_iui," a~i".: J-Z <f~"" ITAn 0' COIJIITY OF I ) ) .e: ) 0' I CERTIFY that tho .,ltllln J 19 ,at 0' aUd Counc" inlt.zu"nt .a. received tor '" and r"ordod In book Ch. ,....d on Ch. on ...... C10, ot . 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IIlJ' IMdd _ lIIe .., _ ,., lint ..... .... ..,.-.........._~q" ., ...... ot It., . '. J.:':.."I' l~:.-'-" ,.'~ .:' J.'.~ U.J ;';:011; :. . .,;..O':J. ..J.: ......: .;.' 101,." .; . j....: ,t. : '?':'!o'. :..=9 :.-...l:~ -.: ~ t " .... 1=;. j..'~ ,:~;>,..._" ,'''' '~'"':'..".':.' "'; ..;"'11 1'," ,>., .,..'t~ >:~.,: U't.. ~,,:q.oJ ...l"".i"-...JoIl,) ;.... ~~J.:..: r~~:~~ t:.IiI=~:it:...... 1tL_......,....~It.~cl "1lK'~';'k.l. :....s:...'1ri't.""~tl ~.MU'JI. "r"u.'l ~t ur.nr.~:'~,=::;,:~'l'"'''''''' I'~~',-:-.~,:.~:~ ~"~IP: '''''''''CIP.'mr.-tll .fll!.....,aJllllo,.gr., :.C'J,:J::" J ....}:I~Itl"':....."'. #.If: 'l,,::~-:': '"4~~~. ,-.. ;'i~L;;L' c....~'i.':. 2'11I'~ ~'Ji\.";:'I~Q:;',.t:J. tp":. i',,!:~'t!r: II<..'.Ui.o&:q U:'IIIiJ"~ '1"'I!'1r"'!'I '1IIQ.lIlol.Ctr I'"f !'O.. , ~l ;_4"":., ~,.. I" Xr:::,,, .JP el.,;NIUL Pi, u,s':CIIJ ot J.' lut '. ., ~"I IlJf'......lhIW...... ,4 bt.~..;: ~~,~. ....0...1.;..;.1 tI~;-1 1'\01. 'V:::: ~::-. '~-J.,"'",D'Or~~-;-..""" &31 . ;~."., :IE ~ 5.11 9f1 .......~ -~ ::) ~ 01; . '. I I J ' II. j i! I' J I I ~ .J 11 ' ".n ....,.. ....-::-:-..-:il''''Tm f' J t I . ." I i ~ , , . .. FrLED 97 MAY 30 pj.J ~:'~O ., Jt;:r::;; :0:; (:11':;;7.,. 11"~lirAlI"~ 1i';'llTE~:~. CLERn "Of ..., -~....:....-PT.cL.::r.:; III 'l'HE SUPERIOR COORT or 'l'BE STATE OF WASHING'l'ON III AND FoR TIlE COtlN'n 0' JEFFERSON '. .:[ '9: SHARIE A. DeKAY, a married person ,) 8! as her separate ellt-ate, ) ) ) ) ) ) , ) ) ) ) ) Plaintiff, NO. 96 2 OO~53 3 JtJDGMENT AND DECREE ~ - ~ , . 10! .... , . ,~ ... . vs. ,,' '11 .:; \' :i '.,. 12 . .. " ., RICHARD COONE and UERLA COONE, husband and wite, . Defendants. .~ . 13 ~" . ., .j ','1'" " . .~ " ,,15 JUDGMENT SOMHARY .; }: ~6. JUdqza@'t' ~reditor: :r , ,17 ~ :. ,A'tty. tor judqmen't oreditor: ,: .....18 ' SBARIJ!; A. DeMAY, a I18.rried person as her separa'te estate .. , :. '..20., ':. ,: . Juc1gaent debtor: :'i :'21, .~~ . ~i .,' 22: Atty. tor judqment debtor: THOMAS J. HAJHAN 914 Washington street P.O. BoX 191 Port Townsend, WA 98368 (206) 385-4399 ' RICHARD COONE and UERLA COONE, husband and. wUe " "lg , , ., , . '!. . :i' :',2" MALcOLM S. HARRIS HARRIS MERICLE ORR WAlCAYAHA & MASON 999 Third Avenue sui~& 3210 seattle, WA 98104 (206) 319"'9377 $ n/a :~. ., , 23 :.' :24 .~ . '. : Amount of jUd9Dlent: :~ :,26 ~ .:~7 . , ., :;: '2:8 -'r . 'T, , .:.' JUDGMENT AND DECREE 97 9 00 1 8 9 1 THOMA. J. MJIlAI At"'l'I'laY ., L... 9t4 YlI~lnston Str..t ".Q. lOX '91 Port TllIlIWlJI.t. 1M 9I!6lI (J60) HS-4J99 - I -1- " : ,.' ~ , I ! :: } . ~ . A. ' ~l i .. ,~. :I I " . r. ,", . , 111: i '5' :~ ... r. 12: ~. : . ".13 , .~' "'14 ,\ .... .. 11\ THIS KA'rTER came on regularly for trial before the Honorable William E. Ho~rd on December 16, 1996, and aqain on April 17, 1997. Plaintiff appeal'ed in person and by and tbrouqh her attorney, THOMAS J. HAJHAI{. The defendants appeared in personal and by and t.hrouqh their attorney_ MALCOLM S. HARRIS of HARRIS .' MERICLE ORR WAQYAMA 1& HASON, P.P.L.C. '.~ " '1.5 The court heard the :; " testi1Dony aM coDside:t'ed the evidenoe and having made and entered l .. .,16 :t 'j, ....11 :t . - , :~ . :'18 ~ ',. '" '~ :,'19' " " " . .~ -20'. ., - its findings of tact ancJ conclusions of law, therefore, it; 1s herebY ORDERED, ADJUDGED MD DeCREED that: 1. , Plaintiff shall have title quiet8d in an easement tor' inqress and eqress across defendants' property on the gravel road ~'21 in its existing location. ~).t, \"...... ~ ~~,.l.. 1'. .......:.~ ~~ 1'...l. .. " 22. A14 Io&'~ ~ ~ ~ 'W'W b '(> -:to 01 \...'" ~t"IK I~~..s .f.n o1'o.e...t . :;. : .:13 ' 2. Defendant....4 a.. r .!...sors in intere,", :trIl be" l\'I" ~; .. : enjoined trom denyinq' plaintiff and her suocessors in interest .~. .:.:.U . . . , tl : ,,"...wiot~ use ot that; ~o~ss ro.d....... ~ 01 ~t. '(:Q&~ ;, 'ff'\rt"..1 t. ,...~~" ~ :25.; o..c.u&\ 1'. ~'t'~:,. 1Inop-ot"'1 .t 'fU.~~\I"\ -+I"'~ Y'U-n4;tM p..."~, , . J :.,; 3 . Plaintiff fs liwal:'de her statutory costs ill the doult of ~ :'26 : . ";" ~ ;.27 .J :'28 , ;1 - JUDGJIEN'1' AND DECREE TIIlW.S J. *,1IAII .ttor"'Y .t till 914 vlll~i' neton Itr..t P.O. lox 191 Port TOlIlhrd, Wl 9U68 (J6(l) 385-4309 -2" . I ., . N'I , I .' '. a 1 $345.90 ~nd her .t~tutory attorney's fees in the 1I1l0Wl't of $125.00. '"fa' . DATED tbis ..1.a..:- day of Hay, 1997. 3 ~: .... .. ~ 3. JJN~'2. . <<t!R .. r- . !i -6 Presented by: t :, '. r ~ :: ~J./L-- , TH~ J , ~~~ 17415 9j At:torney tor Plaintiff , :~. .. ., ." 'j .....10 Copy aeceived; Approved for Entrys ',1 " 'j: .' '11, HARRIS IlERICLE On. WARAYAKA, , MASON t ., . ,12 '. , ., ,'13 J .:' 'j ,: 14 ., By: HALCOLII S. HARRIS WSB #4710 of Attorneys for Defendants " ':'15, '. " , , 16: ';' .. '17, , "18.: ., , '.19, .it' , '20 . ..:.. T ( " "."21 : " " :7. : '''2 ' J, ,4 ' : .'.', . .. l' :'23 .\ " J , .~' :-24 'i, .<l5 n' . I .r ',2:6 ';, ''%7 ' .:.- .: .~. . .' , ;JUDGMENT AND DECREE -]- TIlCIlAS J. M.l1IAII ..n~ '" Law "4 v..hl""tan It'""C P.O. ha 191 Port TOlIIlMIld, VA 9aJ68 (160) 'SIS-4!90 :t 28 . . \lllalllilll~~~=;71~"A -,-fl'-.D" ClII..'Ily Iud ...,.,oION nn.t: CO I DT ..... 535457 ,...: 1 .t . "111'2111' IH'~ Dr 41." WhIn ..-rde4 rellora t<o: IUIll.. II. Bradford R_bll Uvllll Trust dated Sep\elllbor 26,2807 II' Ill' l.eadllldU lIIerelo '1'.0. Box 20451 leno, NV 89515 *said cIoclInent is bei~ re-recorded to ecm:ect grantee line*' Filed forlteoord It Request of JolI'enGlI TltltCOmplllY Escrow Nllll\beo; 72'7!I3JMK DEED OF TRUST (For use in the State of Washington only) lllIS DEED OF nUST, mado this Jrd day of .hIy, UlOll betweea RlelUlnl D. Coono ..d Verla G. c- l.btlld IDd wife. ORA}ITOR. whase Iddress is pO Bo. 226 ,Brlll,ol, WA g1328, Jerr,,,,," TIlle Compll)'. TRUSTEE, wbo.. oddres. i. 220S W..llllptD SIreIl, PO Bo. 25/i, Port Towuead, WA 9Ql5lIlIld IUllllleea II. Bractfonl llIY....ble Llvllll Truot dllcd Sopl.ber 26. 2m III' Ill' Imoll'mollll JPb..retD on men for.! lee. II. Bra'ronI, TrJIII.. BEWEFlCIARY, wIIose addI... is . P.O. Box 20451, Reno. V 89515. WlTNllSSETlI: GnlalOr 1Ierdly barpinl. sells, and conYCJ's ID TN_ In lNl!, with powwr of .11., 1110 followiRl described.. property in JoWers.. Cotmty. w..blall": Abbrevillled Lopl: PIn SE 34.26-2W For FuU Loa-I Se. Alllobecl Elblbll "A" Tu PImII Humberts): 602 3.... 015, 602 3.... 1m whicb real propeny is IlOI UIed priaci""l.,. for ogrieulnnl pIll'lIOIOS, IDgether with .11 tho 1enemen15, heredlllmOllts. and Ippurteaanellllllw or hereafter IhemmIO belOll&lnl or In MIl' wi.. oppenoining. IIId tho reats, islucs, end profits of the prDpClty. This Deed of Trull II for the ~ of ICCIIring peI'fonnllDCO of -" .greement of O_klr he..u. eDIIIIlned in dzlII Deed of TluaI. IJIIl pIIymOJlt of the IUIIl of SIXTY FOUR THOUSAND EIGHT HUNDRED AND 0011110 DoIIIIn (SI\4,lIOOM) wilh in_I. in 8I:CORI_ with tho 1Im1. of. promi.sory nOlI of even cillO h..-itb. p.yebl. ID B_ficinry or order, and mede by Onntor, end 111 nnewel.. modlflcntlOl\l, IIICi oUrWoni of dI. _. IIIlI also such fultber '.1IlS II mal' be: .dvanced or Joened by Bcnd\c;iaJy 10 OrIll1OI' , or IJ\)' or the OrantDr ' 'UCCClIOll or ..lgJII, logotber wIIh Rdero" thmon lithe rile .greed lIP""- DUI. DATI.: Th. .ntire belanc:e of the promillory nOllIlCUl'Oll by thi, Deed ofTi'll'" together widl IJ\)' end .11 iaIemlllC_d lIlem>n, shall be d..1JIIl pI)'Ibl. in full mI July 10, 2913 To p_ thelCCllril)' oflhis Deed orTrust, OrIDlor eO"1IIlI1 IJIIlIgree: I, To kc"" the property in aood oondiUon IIld npoiY; ID permit no WIlle of the prDpOT1y; 10 complete lilY building. 1IIU<lDnl. or improvemll1l being bulh or IbooIt to be buill on lIle property: to restore promptly lilY buildiftl, 81n1ClUN, or bnprovemeJll... the property which mlY be damqed or cIftIro)'Od; IJIIlID comply willi .If laws. onIi11....... oegulnlion., ""venlllll, conditions. MId reitriClionl affecting the p",petty. 2. To pOl' belilre delinquent all 11Wf.1uxu IJIIl __ upon the pftlP'l'lY; ID kc"" the property ftM and cl... of all <lIIler eb.rges, Uen" or enammranees imp.irlng IhellOCl1l'il). oflhis Deed .fTrust. J. To leOOf' all building. now or heRaller ..ected on "'" poopCl1y contiDUOIIIIy imv:n .pJIl.IlI.... by Ii... or other huarcb in In amounl IlOIlo.. thon Ihe 10lIl1 debt ....reel by this Deed of Tru.l. All policies .hllI be h.ld by the Benefleinry, end be in sucl1 eomplllli.. II lhe Beneficinry lIII)I .pprtlYC IIIld hive I.... ""yehle first 10 the Beneficiery. as its inleraI moy 1JlPIIl'. .nd then 10 the OrInlOl'. The 1Ih0Ull1 ""lloered und.. IJ\)' in.uranc. policy IIIlIY be epplied upon lI1I)' indeblc4nea """"",d by this Deed ofT..... in ,..h order u th. Benofielery .haIl detamino. Such eppIiCllion by the llcneficiery ,hall not c.use dilconUnunnce or MlY proce.dlnp ID for"dos. thla Deed ofTru". In the event offoreclolute,.1I rights of the Grantor In insurence policl., then ill force shall "",.10 the pmh.... II tho Ilmcl_ III.. Ll'll22A(f-l) ....Ior. IIIIBlnl~III~~~~8 .,.'ferlan CauntW' IIlUd JEFnJtIOH Tllll co I ~~/.'~"'11;" 1535457 1_, 201. :~f"(~~.." :tlR 4. To dmnd lilY Icllllll 01 procotdblS pIll"pCNtbls 10 .1r..1 "'. IOeUriIy hweof or me rl&hto or poworI of llcnetIelary or Tnalce, IQd 10 pey all COIlS and expen.es, bl.ludlnS COlt of 1111. ......h end IIIDmey's ... ill a no......ble amaunl, In any such aetlon or proceedi.s, and In any llIij brought by Ilenefleillf)' to forccloae "'i. Deed ofTIUIt. ,. To pay aD com, fees, md expeIIsc, In c:umwction wi1h thi. Deed of Tl\III, including the expellsc' of the Tnutoe iDo:umd In mfbrclftS 1he obIip1lon sccured by this Dead of Trullllld TruIlee'. and IItOl'ney's fees actuIly inClllNd, II pnJVidod by llaIute. 6. Sbould Gmtor fajIta pay wherl due any taxe.t, ......IIIenlS. insuruee ptemiUllUl, IleII., oncumbllnc.., or ocher chllrpl lpinllllle property, Beneficiary IIlIl' pey 1he .1ITIe, and dI. llllounl .0 paid, with inleml .1 the me lei fllnh III the note _d by thll Deed ofTnIIl, ""'11 be added 10 end becolllll a part of1he debt scc:ured in Ill;' Deed of TI'\III. 7, DUE ON" SALE: (OPTIONAL - N<II IIppIIct1bl. unJru 1"lJunrd b? Gr_ _1/ B*"'fIclary) TIle prcpllI1)' dIncrIbed In \hil sccwIly illlh'Ulllonl may not be sold err lraIlSfeJred without lhe Benel\.IIll)"1 eO!llellL Upon breacb of lhIl provlaloll, Benen.1Iry IIIIY dee\ue III SUIM due under the note and Deed ofTI1III immedlalery ...... ond paylIbl., unleu pI'Ohibited by rpplicable law. Jj1fd, _ _ im~ ROC lltan.... (Initials) UGC Jl/J___ KRB Benefielif)' (JIlillals) ITISMUnJAlJ..Y AOREED1lIAT: I. In the e_ my ponion of the prupcrty ;. IaIren ... dsmaged In III eminent dDlllain procoodlng, !be entire IIIIOIInl of tile IWUd ... IUth portion "' mil' be necessaty ta IiIlly salill)' th. obIi,"tio. secured by thil Deed of TIUIt .....11 be p.1eI to Ben.l\cluy to be IlJIlllled to IBid obllption. 9. By acceptlng payment of any .um _Ired by Ihls Deed of TIUIt aIIer ilS due dale, s-tieiary doea not waive ill rilbl 10 noquire prompt paymenl wh.. due of all oIherlumllO .1ll:IIl'Id err 10 deellJll defaull for liIilure 10 10 PlY. 10. The 'TMIee ihall m:onvey III..-ony patl ofthepoperl)' cowred by dill Deed ofTnut 10 the penoo.nlitled 1InnlD, OIl wrm.. request of the Gramor end the B.neficiary, or upon Illilfaetion of the obIiSollon IeC\II'lld and wriIIca requell for lIClI!IVI)'&Oc, made by lite BenerlCiuy or the person entitled thenlo. II. Upm deliuh by O_tor In the payme.t of any i.debtednw oeand by dlis Deed of Trust or ill the perform.... of any Igreelllenl .ontained i. litis Deed of Trust. an Ih!IIII lecllred by dlis Deed of TruSlWIl lmmedialcly become u and payable Sf the option oElhe BenelicNy, ,ubject 10 an)' cm period provided ill tile lIOIe secured by Ibis Deed of Trust. In IlICh event and upon written req....t ofB.neflcla1y, Trustee IhaII aen 1be truot pn>pcrty, In 1Ce<<d.... with the Deed of TNst Act of the Sane of WashlngtOll, I! publie 1..,11011 to 1be hiahm bidder. Aoy pcl'IOIl except TIUIte. may bid .1 Trustee'1 asia. Trus\IeC shllllppty lbe prooeeds oflheSlle as follows: (I) 10 \he ellplnae of the asl.. IncllKling a _Ible Tnma'1 fee and 1IImIIey's fee; (:2) to lhe oblip.tion aeIU'ed by this Deed ofTrust; and (3) lbe IUIJllus, if any, shin be cI1I1ribuled to \be per_s .milled thereto. 12. TMIU IIIaII deliver to tile pum.a.... at the IlIle lIS deed, without _I)', whl.h IhaII COl\vey 10 \be ptlIdIaser all rip!, till. and lmerell In th. realllld personal proJIelly wilich OnnIor hid or bad th. power to convey I! tile time of the execution of this Deed of TrusI, .nd SlICh as GraIIlor may haw acquired thereafter. Tmtee', dead ...11 reci1e the facts sbowlna thl! the sale WII conducted III colhpliance wilh oil the requirements ofla.. and oflllil DeedofTrusI, which recilal shill be prim. fiei. evldenc. ohuch eompliallee IIId conclusive evtdaK:e Ibereofln IiIvor of bOIIo fide purc.......llld ....mbrances for ...lue. TJ. The powerofsele eOlltmed by lItil Deed of'l"rust end by lite Deed oETnIsl AU of die Slate o(WaslIinalIon it not an IJICIUliw nomedy; Ben.flciary may ...... this Deed of Trust to be fttreclosed u . mortS"l!" 14. In the event of\be abscoce,...... incapa<:lly, dbabllily. or resigoalion ofTru_. or at the dilc:rerion of die Benefte;.y, Beneftclary may appolnt in writing a s..,oo..or lrultee. end upon the recordiDS o!such appoIntm.nt in the mol'l&Oll' ....- of the COIII1I)' in which this Deed of TlIIIl i. recerded, the "_ClSOr lrUIlee shell be VIIIed wilh on powm of the origlnallrulllee. The lI'IIIlee is not obUllled 10 notll)' any pllly hereto of pendlog we under any olher Deed ofTl1III'" of.n sellon err prnc:eeclb'l in whic:b Orutor, Trul.... or BenefielIII)' shall be a party ..Ien sucb action 01 pruceedla& is brouShl by 1he 'frustee. (j. This Dead of Trust .pplies la, mini to the benefit of, and II bindlnS not only Ol\ the patli.. bereto, bUI on hlslherllhelr h.... devi..... I........ adminillrllorS. exccutors, and lIII;gol. TIle term Benefleiary IhaII ~.. the bolder IIId ovmer of the noli sccLnd h.reby, whcthoo" or not IIIII'\Id .. Benelkfory herein. 16. ADDITIONAL TBRMS AND CONDITIONS: (....ck aile) I. x N"ONE OR IJ'IlIl.olQ-ll 'III Z oU b. o 1IIIIS38978 \S35457 11111111 Po.., a.f' :;:~,~~ ~',"A n I 'Hltl_ tt~"1fI DT 048,_ TIn.! ell 1 .T ..... Jelfll"tan C..,ty ~ ~ AI lilt fonh on lIIelllaCbed "Exhibit A" wklck il ~ by lIIil reference. (NolIl: Ifnellber"l".or "b" II checked, then opdOll "au appliel) DIl2d: luly ), ZOOI ~LJv4 d~ kord D. Coone .", the penon who IppCII'OlI botON me, and ..ill' pcnonare 1Idm....lodpd t111l tIIey 1J&ned thll instJwuolllllld acbowledp it to be their free ond w1l1\l11Y ICI for the uses and pwposCll mentioned in IIIIa in.ttrwnenL Dated: REQUEST POR FULL RECONVEYANCE Do IHJt NetJI'fL T"....ud",."....-.... ,,,''' t.. MIf pIIld. 1'0: TRUSTEE Tho lOldrnlllled 111IIe legal owner Ind holder .fthe nOle and all ocher Indebtedness ICCW'Cd by the within Doed ofTnlll. Slid nOle, toplher with all 01/101' indebtedness teeured by IIId Deed of Trust, hu been III1Iy poid and wiltied; and you ere hereby requelled and directed, on payment to you of any ...... owing to you under t/xllermo of..id Deed of Tnm, to cancel IBid nOl! above mentioned, and 111 0Ih0r e.iden... of indebIednels ICcured by laid Deed of Trust doli""...d to )'OQ herewith, toget/xlr with the slid Deed of Truo1, and to roconv"Y, without WlIITIIIIY.lO 1IIe p8I1ies d'esigaa/llll by !he Illrms of Slid l>eed of Trust, al/IM eo. now held by you flMmmdor. Otl~ LPBl1oll5(~I) .... hll Escrow No.: n'7JJJMI. IIIIIIIIIIII~:~~~QR _~ .~ Tln.E ell I DT 41,. ",.U.nCl" 1;01.11''-'' - 535457 " . .....: .. !Dr 4 111.'_ '.,11R DT ".1IIt EXHIBIT -A- LEGAL DESCRIPTION PARCEL A: The Eat % of1he Northwest Yo of the Southeast Y. of Section 34, Townll1ip 26 North, Ranse 2 Welt, W.M., Jefferson ColI\ty, Washington; Exc:opllbo Eul!l.. Northeast Yo of the Nonhwest \4 of the Southeast Yo and the Northeast Yo ofth.c Sou1beut y. of the Norlhwat i4 ofthe Southeasl \4; Situate in the County ofJeft'er5OII, Stale of Washington. PARCEL B: TIt. East 'h oftbeNorth_ \4 of the Northwest Yo oflhe Souhut \4andlhe NOTtheut Y. of the SwdlasI \4 of1he Nonltwesl \4 oflheSoUlheast \4 in SecdooU, TOWllllhlp26 North, lUnge 2 West, W.M.,Jeffmon County, Washinston; Toaelher with IIIl _ent for ingress and egress, aver and ICI'088 the exilliD8 lI'aveJ roId, as it exi8ted in May 3D, 1997.1oc8ted on tha North !I.. of the West !I.. of the Southwesl 'I. oflhe Northeast Yo of the Southeast \4 and the Northwest \4 of the Northeast Yo of the Southeast v. of I8ict Smion 34, as deline8ted Iii Jeffenon County Superior Court Caule No. 96 2 00253 3 ~ Situate In the COIIIIty of JeffenoR, State ofWashiDpon. _...UpIDoll:ripliolt-_~'A'_.2H/1OO61:1I:00Phl ' (f)~a:: (M~ - N9~ -!;~ t/IMS) ,6t'IS9t '" <<l ~ ~1ii IlIg ~;~~ s:::-a ~ 4lClLa,I........ ci 0:: i5~ i 0 m !1 ~ ~ ~..o:: ~~~ 'tee III ILe XV!) '" z !il ~g .~ i""~.3t:; '" . III " t"~~ s~,. lQZ:lPa:I ~ a ~ ~~ s" ...~ ... .. ~ < Q. 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S. a~ ::I i :: l! l:s! ~ fi ~ .~ ~~~~~ ['m l[t~.i;; ~.I "" ~.JI 8 H b fi' '" p Timber Evaluation Allen Brackett Shedd 2011-2B.DOC - Copyright iQ2011 COONE TIMBER VALUATION Prepared For: Allen, Brackett, Shedd Timber Valuation February, 2011 I iI Lusignan Forestry, Inc. P.O. Box 1007 Shelton, WA 98584 Statement of Limitine: Conditions and Assumptions Unless otherwise referenced in narrative, the following conditions and assumptions apply. The cruiser-evaluator assumes no responsibility for matters of a legal nature. We have specifically stated restrictions which were found to impact the subject property which we feel may limit the harvestable amount. Other than those specific impacts identified, noted and considered (i.e. streams, wetlands, endangered species etc.), the Board Footages Reported herein were determined by sample cruise without regard to any limiting conditions which may be imposed by DNR, WSDFW, USFW, the ESA, the FPA, the Growth Management Act any other Federal, State or Local Law, Regulation, or condition thereunder. Therefore, no guarantee can be made for the actual amount or areas that can be harvested or accessed. Legal descriptions and surveys as furnished and indicated on the ground are assumed to be correct. No guarantee can be made for the information and data obtained and utilized in this report. However, it is considered to have been secured from reliable sources. Should errors be found or data updated, the right is reserved to modify this report. All conclusions embodied in this evaluation are a part of the whole valuation and no part is to be used out of context or by itself alone. Individual parts of this evaluation are not to be considered conclusions of market value, being only part of the evidence upon which the final judgment as to value is based. Stumpage value is assumed to be the value that the landowner would receive for the standing timber located on a tract of land. The values and statements made in this cruise report are as ofthe date of the report and are subject to change due to market conditions over time. Permitting costs have been considered. No permitting cost beyond the stated amount have been considered including but not limited to application fees, environmental studies or any other requirements outside our scope of evaluation. Unless specifically stated, State forest excise tax and all other taxes are not a consideration in this evaluation. In the past we have used 5+/-percent of net stumpage value as a guide to estimate taxes. Unless otherwise stated, it is assumed that property comers and lines are easily identifiable and no survey work is required in order to identify any property lines. Legal access as existed as of the date of this evaluation is assumed to be available for timber harvesting purposes. Statement of Limiting Conditions and Assumptions Page 2 Unless otherwise reported, variable radius plot, fixed area plot or strip cruising was used in this project with plots or strips oriented on a grid pattern where practical considering the terrain except that in the old growth areas either 100% cruising was done, or a tighter pattern was utilized, and in the reproduction areas, reproduction plots and or cruise plots were taken on a random pattern sufficiently to obtain a reasonable sample of the stand involved. Atterbury's cruise and inventory software program was used to process the field data. To the best of the evaluators knowledge and belief all statements and information in this report are true and correct and no important facts have been withheld or overlooked. The property (timber) is appraised as though free and clear of encumbrances and there are no known defects in the title which would affect the value of the property other than those stated in the evaluation. Evaluator, by reason of this evaluation, is not required to attend pretrial conferences, to give testimony or attendance in court or any governmental hearing with reference to the property, subject of this report, unless acceptable arrangements have been made in advance. Evaluator has no present nor contemplated interest in the appraised property and his being retained to make the report is in no manner contingent upon the value reported. Compensation for evaluation services is dependent only upon delivery of this report. In computing values, various figures have been rounded off to the nearest significant amount, (generally to nearest $1,000), for the sake of clarity, in arriving at the valuation. This report is to be used only in its entirety. Possession of this report does not give any rights of use whatsoever, except for internal management purposes of the party for whom the report was prepared, without the previous written consent of the evaluator. Any drawings and or diagrams are for the purpose of illustration only and are not drawn necessarily to scale. The opinion of value, as set forth in this report, is based solely upon information available at and prior to the date of valuation, and no responsibility is assumed with respect to facts which may develop subsequent to such date and which might have a bearing on the opinion of value at the date noted as expressed herein. Statistics provide a Standard Error (SE). SE is a measure of the statistics random variability. At one standard deviation it is assumed the Mean (average), + or - the SE will occur 68.26% of the time. While 31.74% of the time the value will lie outside of the SE range. Lu~n ~()I'"e~rJlIIK 109 SOUTH 2'" STREET I PO, Box 1007' SHELTON, WASHINGTON 98584 PHONE 360-426-1140 FAX 360-426-2741 T!MeE~l SALES AND HARVESTNG TiMf"9'':':A ~NVFNTOFUES T!MBc-n MANAGtMt:Ni PlANS TiM6i'cH AP-PRA~$ALS Timber Cruise and Valuation Report Tract Name: Coone Property - Jefferson County Date: February 1,2011 Client: Greg Goodman Allen Brackett Shedd, Inc. 12320 NE 8th Street, Suite 200 Bellevue, Washington 98005 Evaluated By: Lusignan Forestry Inc. P.O. Box 1007 Shehon, WA 98584 Dear Mr. Goodman: As requested, we have cruised and valuated the timber located on the Coone Property as described below. Purpose: The purpose of this report is to provide a merchantable and harvestable timber volume and value and I or reproduction value on the subject property for both a Class III and Class IV harvest scenario. Description: According to the RFP dated October 13,2010, the parcel is located in Section 34, Township 26 North; Section 2, W.M., Jefferson County, WA. Portion of Parcel Number 602344015. See Attached Type Map. Findings: Based on the following methodology it is our opinion that today there is a total reproduction value of $1.327 if considered if considered under a Class III harvest scenario. A Class IV scenario does not apply to reproduction value. Access: We accessed the property through a locked gate in which we used ,,-ith permission from the Park Ranger at the Dosewallips State Park. Timber Characteristics: Within Stand 2.2 (see attached Timber Type map), we found a mix of species and age classes. There is a residual, lightly-stocked over-story of hardwood and conifer Coone Property Page 2 (possibly required "leave trees" from previous harvest) and a fully-stocked understory of Douglas-fir reproduction. Critical Areas and Han'est Limitations: As a guide in identifYing critical areas we used current GIS data from the Washington Department of Natural Resources website. Stream Buffers - Using the above mentioned data, we applied buffers which we believe to represent those required if permitted under a Class III harvest scenario. This included stream/shoreline buffer as well as channel migration zones which included much of the area located in the northwest portion of the unit. Steep Slopes - We found slopes on this unit exceeding 40 percent. We are not geologists, however, we found no indication of instability and therefore assumed that no harvest limitations would be applied. Endangered Species - No threatened or endangered species or habitats were noted during this evaluation. Green-Up and Wildlife Tree Requirements - It is assumed that non-merchantable, buffer and defective trees would remain following harvest accounting for any green-up and wildlife tree requirements. No other laws, rules, critical area issues or harvest limitations other than those specifically mentioned above were applied or considered during this evaluation. Cruise Methodology: Because of the small amount of scattered merchantable volume (approximately 3,400 board feet) associated with this parcel, it is our opinion that the removal of this timber would be uneconomical. Further, if a harvest was conducted, it would destroy or damage much of the reproduction and its associated value. We have therefore valued this stand as solely reproduction. Forest Riparian Easement Program - Due to priority constraints and inconsistent funding associated with this program, consideration was not given for this program in the valuation of the timber on this property. Reproduction Valuation Methodology: In Type 2.2, in order to calculate Douglas-fir reproduction value (the net present value of a mature stand), we assumed an average site index of 105 on the 1.85 acres, rotation age of 60 years, 80% stocking at time of harvest, net harvest dollars per MBF ofa mature stand at $350 and a 6% discount rate. Total acreage of the property is based on information from the RFP dated October 13,2010 and Jefferson County GIS data. Delineated acreages were determined using GIS and information from our site inspection. We found this stand to be approximately 20 years of age. Coone Property Page 2 VOLUME AND VALUE: Class III Forestrv Permit: Reproduction - Based on this methodology it is our opinion that today there is a total net forest reproduction value of $1.327 in Type 2.2. Class IV Conversion Permit: Reproduction -Reproduction values are not considered in the Class IV I conversion scenarios. Bare-land value is not included in this report. Please call if you have any questions regarding this report or any other aspect of forestry. Sincerely, ~ Jim Frost, ACF President I Consulting Forester Ene. Statement of Limiting Conditions and Assumptions, Timber Type Map ~ '"' <> N Q) Q) o u.. Ol Ol - 0 Q) CO ~ CO 0 C") C") Z+ /I .s:::. U c 0 C') ...... C') L() CO ~ N '" CO III ~ ~ CD .. cD 0 ... U oc( '" C; <.> rn u 0" .. "E OJ ... ~ OJ ,., ~ I- <l> OJ ~ III il'l c: '" :0 <l> <.> CO 0 ~ en c: i;; , '" 3 M .~ !S- a. & ir ~ N <J) g N N OJ ~ :5 E " E " ,! " ~ '" :0 w ~ '" " OJ CIl E .,; c c Q. '" l '" .2 ~ 'E ." 'g ~ " ~ r:: (f) ... ::;; Cl. ii" CIl CIl 0 J:l D~ CI E Q) ..J i= "' o v ;$; .t: N'I;I" 0 0"'- Z G)'r"<J) ~UJN ~::: _9. :-~ <(oJ::~S 0- >-~ ~s: >'01 ~2:'c"- :S:-~co ;rjg~~'~52 0.. g.U ~ ~.S U.2 ~~'.COM' r"{<J ,-n"~c:C~go ~ ~ tb.2E ~W,.g "E g l:I= '5 ~ ~ ~ ~ Fu~n..rJ)rt:~CL t' t ~ Comparable Sales Data Allen Brackett Shedd 2011-2B.DOC - Copyright f:J 2011 Comparable Land Sale 1 ~ Allen Brackett Shedd 2011-2B COPy";ght @ 2011 Land Sale Comp ID 1 Comp # 15882 Common Name Address City Location Desc Neighborhood SWC SR-IOI and Four Wheel Drive Road Unincorporated County Jefferson State WA The property is located on the southwest corner ofSR-101 and Four Wheel Drive Road Seller Stan and Candy Johnston Buyer Robert and Punyavadee Archer Sale Price $]50,000 Sale Date 2/16/20]0 Analysis Price $150,000 Record Dat 2/16/2010 Section 28 Township 25N Lega] Desc. Section 28, Township 25N, Range 02W Tax Parcel No. 502282007 Assessments: Land $144,495 Improv. $0 Recording No Map Refer. Range 549852 AGMC - 27/A6 02W Total Assess. $144,495 Financing Cash to seller Conditions of Sale Market Transaction Rights Transferred Fee Simple Confirmation Public Records Confirm Date Data Source Public records Marl{et Time Land Area (sf) Land Area (acre) Frontage Feet Unit of Measure Site Desc. Site Improvements Zoning Code Zoning Desc. Current Use Utilities Access Topography Dimensions Frontage Desc. Remarl{s 930,442 21.36 Price/sf Price/acre Prlce/ff Price/unit $0.16 $7,022 No. of Units Irregular-shaped, sloping site RRI:5 Residential RES - Residential Power and telephone at street Direct Sloping IITegular The eastern boundary fl:onts on SR-] 0] with the northern boundary adjacent to Four Whee] Drive Road The property consists of a single tax lot located along the west side of SR 10 I, south of Four Whee] Drive Road. The property is irregular in shape, contains 21.36 acres and has a mix of mostly level tenaces and moderate upward slopes to the west. The site also have a mix of generally cleared areas, as well as a variety of younger trees, the latter of which reflects the timber harvest performed on the site in 2005. The location of tile property and its sloping topography provide for excellent views to the east and south overlooking Hood Canal. The property's RR 1:5 zoning designation would allow for the development of up four 5 acre homesites. In order for development to occur, however, onsite wells and septic systems would be required. The buyer pw'chased the property with the intent to hold for future development. Search Code Orig. Job 2011-2 201t-2 Page 1 "-' '" ~ ..' Comparable Land Sale 2 ~ Allen Brackett Shedd 2011-2B Copyright <<:I 2011 Land Sale Comp In 2 Comp # 15883 Common Name Address City Location Desc NEC Church Road and Brinnon Cemetery Road Unincorporated County Jefferson State W A The property is located at the northeast comer of the intersection between Church Road and Brinnon Cemetery Road. Neighborhood Seller Buyer Sale Price Analysis Price Section Legal Desc. Tax Parcel No. Assessments: Land Jens and Darcy Jorgensen Washington State Parks and Rec $226,000 Sale Date 2/912010 $196,000 Record Dat 2/912010 35 Township 26N Section 35, Township 26N, Range 02W 602353005 Recording No Map Refer. Range 549727 AGMC - 261D4 02W Improv. $0 Total Assess. Financing Cash to seller Conditions of Sale Market Transaction Rights Transferred Fee Simple Confirmation Karen Waltenberg, buyer's representative Confirm Date 2/16/201 I Data Source MLS, public records Marliet Time Land Area (s1) 871,200 Land Area (acre) 20.00 Frontage Feet Unit of Measure Site Desc. Site Improvements Zoning Code RR 1 :5 Zoning Desc. Residential Current Use RES - Residential Utilities Power and telephone at street Access Direct Topography Level Dimensions Rectangular Frontage Desc. The western boundary fronts on Church Road with the southern boundary adjacent to Brinnon Cemetery Road No. of Units Rectangular-shaped, level site Price/sf Price/acre Prieefff Price/unit $0.22 $9,800 Remarks This 20-acre site, which consists of a single tax lot, is rectangular in shape, level, has no significant sensitive areas, and is covered by a significant amount of mature trees. The Washington State Department of Parks and Recreation purchased the property. The buyer approached the seller directly with the sales price based on an appraisal. Furthelmore, the sales price reflects the property's ability to be developed with four homesites as allowed by its RR 1:5 zoning designation, as well as the lack of onsite wells and septic systems. The price also included a value contribution from the existing timber on the site estimated at $30,000. As such, a land only value at $196,000, or $9,800 per acre is indicated. The Parks Department acquired the site for the development of a treatment and disposal system to handle waster water fi'om Dosewallips State Park. Scarch Code Orig. Job 2011-2 2011-2 rage 1 Comparable Land Sale 3 ~ Allen Brackett Shedd 2011-2B Copyright ~ 2011 Comp ID 3 Common Name Address City Location Desc Neighborhood Seller Buyer Sale Price Analysis Price Section Legal Desc. Tax Parcel No. Assessments: Land Land Sale Camp 1115884 231 Coyle Road Unincorporated County Jefferson State W A The property is located on the north side of Coyle Road, east of its intersection with Dabob Post Office Road Ryan and Ann Dicks Steven Llorente and Rodger Biasca $151,000 Sale Date 111112010 $151,000 Record Dat 1/] 1120]0 33 Township 28N Section 33, Township 28N, Range OIW 801334004 $125,280 Improv. $2,500 Recording No Map Refer. Range 549111 AGMC - ]7/C4 OIW Total Assess. $127,780 Financing Cash to seller Conditions of Sale Market Transaction Rights Transferred Fee Simple Confirmation Bruce Muno, broker Confirm Date 2/912011 Data Source MLS, broker, public records Land Area (sf) Land Area (acre) Frontage Feet Unit of Measure Site Desc. Site Improvements Zoning Code Zoning Desc. Current Use Utilities Access Topography Dimensions Frontage Desc. Remarl(s Seareh Code Orig. Job Market Time 2,090,880 48.00 $0.07 $3,146 Price/sf Price/acre Price/ff No. of Units Price/nil it Irregular-shaped site with rolling to sloping topography. RR 1:20 Residential RES - Residential Power, phone, well, septic Direct Rolling to Sloping Irregular The southern boundary fl'onts on Coyle Road This is the purchase of a single tax lot containing 48 acres and located on the north side of Coyle Road, east of its intersection with Dabob Post Office Road. The property is irregular in shape and has a gradual upward slope fi'om west to east. Tarboo Creek cuts across the central portion of the property in an east west direction. At the time of the purchase, the property was improved with an older, smaller single family residence that was served by a spring fed water system and septic system. lllis structure was, however, considered to be of no contributory value and has since been removed to allow for the buyer's planned redevelopment with a larger single family residence. The proposed residence is to be located on a predetermined 1.25 acre portion of the property in the southwest comer of the site, reflecting the fact that the entire property is encumbered by a conservation easement. Discussions with the listing broker indicate that the property had been listed for an extended period with the sales price falling below the market value of the site due to seller motivation to complete the sale. 2011-2 2011-2 Page I Comparable Land Sale 4 ~ Allen Brackett Shedd 2011-2B Copyright Cl 2011 Land Sale Comp In 4 COmlJ# 15885 Common Name Address City Location Desc Neighborhood 42xx FS Road 2510 Unincorporated County Jefferson State WA TIle property is located on the south side of the Duckabush River, directly across from the western teIminus of Coyote Road. Seller Douglas and Kimberly Hixson Buyer Curtis and Nancy Cousins Sale Price $155,000 Sale Date 11/9/2009 Analysis Price $155,000 Record Oat 11/9/2009 Section 07 Township 25N Legal Desc. Section 07, Township 25N, Range 02W Tax Parcel No. 502074007, 502074028 Assessments: Land $143,325 Improv. Recording No Map Refer. Range 547875 AGMC - 281B2 02W Total Assess. Financing Cash to seller Conditions of Sale Market Transaction Rights Transferred Fee Simple Confirmation Doug Hixson, seller Confirm Date 2/9/2011 Data Source MLS, broker, public records Land Area (sl) 787,129 Land Area (acre) 18.07 Frontage Feet Unit of Measure Site Desc. Site Improvements Zoning Code RR 1:20 Zoning Desc. Residential CUI"rent Use RES - Residential Utilities None to site Access Forest service road Topography Sloping Dimensions Irregular Frontage Desc. The northern boundary of the site fronts on the Duckabush River Remarks Market Time No. of Units Irregular-shaped site with sloping topography. Price/sf Price/acre Price/ff Price/unit $0.20 $8,578 This property consists of two separate, but contiguous tax lots that produce an overall site that is irregular in shape and contains 18.07 acres. The property is located on the south side ofthe Duckabush River, directly across fi'om the western tel111inus of Coyote Road. The site is remote with access provided via a long one lane gravel forest service road that commences at the western terminus of Fulton Creek Road. In terms of topography, the property has a moderate to steep downward slope from its southern boundary to its n0l1hern boundalY, the latter of which consists entirely offrontage on the Duckabush River. Nonetheless, there is sufficient area, which the seller indicates to be five acres in size, that is mostly level and could support development. Any development of the property would, however, require and onsite well and septic system, as well as a generator due to the lack of power service to the area. Discussions with the seller also indicate that the buyer purchased the property with no plans for immediate development. Seal'ch Code Ol'ig. Job Page I 2011-2 2011-2 Comparable Land Sale 5 ~ Allen Brackett Shedd 2011-2B Copy,-ight @ 2011 Seller Shane Schneider and Tammy Walters Buyer Cynthia Kempf Sale Price $160,000 Analysis Price $160,000 Section 0 I Legal Desc. Section 01, Tax Parcel No. 503013001 Assessments: Land $113,715 Comp In 5 Common Name Address City Location Desc Neighborhood Land Sale Comp II 15886 4220 Duckabush Road Unincorporated County Jefferson State W A The property is located on the south side of Duckabush Road, west of Coyote Road Sale Date 6/25/2009 Record Oat 6/25/2009 Township 25N Township 25N, Range 03W Recording No Map Refer. Range 544339 AGMC - 28/AI 03W Improv. Total Assess. Financing Cash to seller Conditions of Sale Market Transaction Rights Transferred Fee Simple Confirmation Claudia Gregory, broker Confirm Date 2/9/20 I I Data Source MLS, broker, public records Land Area (sl) Land Area (acre) Frontage Feet Unit of Measure Site Desc. Site Improvements Zoning Code Zoning Desc. Current Use Utilities Access Topography Dimensions Frontage Desc. Remarks Market Time Price/sf Price/acre Price/ff No. of Units Price/unit Irregular-shaped site with rolling to sloping topography. $0.17 $7,273 958,320 22.00 RR 1:20 Residential RES - Residential Power and telephone at street Direct Rolling to Sloping In-egular The site fronts on the Duckabush River The property consists of two separate tax lots, one of which is located on the north side of the Duckabush River and is readily accessible fi'om Duckabush Road. The other tax lot is located on the south side of the river and has no legal access at the cum:nt time. With respect to topography, the northerly tax lot includes a mix of mostly level and moderate to steep sloping areas. The area of the property to the south oCthe river has an moderate upward slope to the south. Power is available from Duckabush Road with an onsite well and septic system required for development to occur. According to the listing agent, the buyer intends to hold the property for future development. SCllrch Code Orig. .Job 2011-2 2011-2 Page J Comparable Land Sale 6 ~ Allen Brackett Shedd 2011.2B Copyl'ight ~ 2011 Land Sale Comp ID 6 Comp # 15887 Common Name Address City Location Desc Neighborhood Seller Buyer Sale Price Analysis Price Section Legal Desc. Tax Parcel No. Assessments: Land 5xx Dosewallips Road Unincorporated County Jefferson State WA The property is located south ofDosewallips Road, west of Church Road and spans the Dosewallips River Kathleen Bradford Trust Richard and Verla Coone $72,000 Sale Date 7/8/2008 $72,000 Record Dat 7/8/2008 35 Township 26N Section 35, Township 26N, Range 02W 602344015,602344023 $57,325 Improv. Recording No Map Refer. Range 535456 AGMC - 26/C4 02W Total Assess. Financing Cash to seller Conditions of Sale Market Transaction Rights Transferred Fee Simple Confirmation Ron Coone, buyel's representative Confirm Date ]/10/2011 Data Source Buyer, public records Land Area (sf) Land Area (acre) Frontage Feet Unit of Measure Site Desc. Site Improvements Zoning Code Zoning Desc. Current Use Utilities Access Topography Dimensions Frontage Desc. Marliet Time 1,234,055 28.33 $0.06 $2,54 ] Price/sf Price/acre Price/ff No. of Units Price/unit Irregular-shaped site with rolling to sloping topography. RR ] :20 Residential RES - Residential Power and telephone Easement Rolling to Sloping Irregular The site fronts on the Dosewallips River Remarl{s This is the purchase ofa 28.33 acre property located south ofDosewallips Road and spanning the Dosewallips River. The overall properly, which is comprised of two separate, but contiguous tax lots, is irregular in shape. The area of the site located south of the river contains 10.20 acres with the remaining ]8.13 acres located on the north side. Access to that area north of the river is provided by an access easement extending fi'om Dosewallips Road across the easterly abutting ownership. That area of the site located south of the river, on the other hand, has no legal access. A larger power transmission corridor cuts across the properly in a northeast to southwest direction. FUlthennore, the vast maj ority of the site north of the river is within the 100 year floodplain and/or a high risk Channel Migration Zone associated with the Dosewallips River. At the time of the purchase, the area of the site north of the river had power service and access to a spring fed water system. The property was acquired by the easterly abutting owner for assemblage into their larger ownership. Discussions with the buyer indicate that the Search Code Orig. Job 2011-2 2011-2 Page 1 Camp ID 6 Land Sale Comp # 15887 property was not actively listed. Rather, the seller had previously indicated the willingness to give the buyer the first opportunity to acquire the site in the event of a planned sale. Nonetheless, the buyer indicated that another abutting owner had also expressed interest in the property. Sear'ch Codc Orlg. Job 2011-2 2011-2 Pagc 2 Comparable Land Sale 7 ~ Allen, Brackett Shedd 2011.2B Copyright <<:> 2011 Land Sale Comp In 7 Comp # 15888 Common Name Address City Location Desc Neighborhood xxx Buckhorn Road Unincorporated County Jefferson State WA The property is located on either side ofSR ]01 at its intersection with Buckhorn Road. Seller Pope Resources Buyer N/A - Listing Sale Price $149,000 Sale Date Aualysis Price $149,000 Record Dat Sectiou 03 Township 25N Legal Desc. Section 03, Township 25N, Range 02W Tax Parcel No. 602023003 Assessments: Land $94,775 Improv. Recording No Map Refer. Range AGMC - 24103 02W Total Assess. Financing Cash to seller Conditions of Sale Listing Rights Transferred Fee Simple Confirmation Jum Munn, broker Confirm Date 2/7/2010 Data Source MLS, broker, public records Market Time Land Area (sl) Land Area (acre) Frontage Feet Unit of Measure Site Desc. Site Improvements Zoning Code Zoning Desc. Current Use Utilities Access Topography Dimensions Frontage Desc. Remarks 1,437,480 33.00 $0.10 $4,515 Price/sf Price/acre Price/ff No. of Units Price/unit Irregular-shaped site with rolling to sloping topography. RR 1:20 Residential RES - Residential Power and telephone Direct Rolling to Sloping Irregular The site fi'onts on Buckhorn Road and SR-lOI This is the current listing of a 33 acre site located on either side of SR 101 at its intersection with Bnckhorn Road. The area ofthe site east ofSR 101 has a moderate to steep upward slope to the east. The westem pOItion of the site, on the other hand, is generally level and consists of low lying area snrrounding Spencer Creek, which follows a course parallel to and just west ofSR 101. The propelty is generally cleared reflecting a prior timber harvest by the current owner. For development to occur, an onsite well and septic system would be required. Discussions with the listing agent indicate that the property was originally listed at a price of $200,000, or $6,060 per acre in early 2010. As a result of limited interest, the asking price was reduced to its CUlTent level at $149,000. Search Code Ol'ig. Joh PlIge I 201 1-2 2011-2 Qualifications of Appraisers Allen Brackett Shedd 2011-2B.DOC - Copyright '92011 QUALIFICATIONS GREGORY L. GOODMAN. MAl Experience Involved in the real estate field since February of 1999. Appraisal experience includes a wide variety of appraisal assignments, consisting of vacant and improved commercial, industrial, residential and mixed-use properties. Examples ofthe wide variety of properties appraised include: large scale mixed-use projects comprised of retail, office and residential uses, subdivisions, sensitive area properties, rail and utility corridors, lake bedlands, shopping centers, auto dealerships, as well as more typical commercial, industrial and residential improved properties. Valuations have been performed for acquisitions in fee, leased fee and leasehold interests, as well as various partial interests including conservation easements, utility easements, subsurface easements and air rights easements. Numerous appraisal assignments performed have been associated with condemnation of all or a part of a property and involved mediation and other litigation support work. Appraisal assignments include work throughout the Puget Sound Region, including King, Pierce, Snohomish, Kitsap, Thurston, Whatcom, Skagit, and Island Counties. March 2000 - Present: Associate, Allen Brackett Shedd (formerly Bruce C. Allen & Associates, Inc.) Research Specialist, Bruce C. Allen & Associates, Inc. February 1999 - March 2000: Professional Affiliations Member, Appraisal Institute. Received MAl designation May 12, 2008 Education University of Washington, Seattle, Washington: BA Degree in Business Administration with concentrations in Finance and Information Systems, December of 1998. Have completed all appraisal courses required for MAl designation. Additional seminar and continuing education includes the Appraisal Institute's Basic and Advanced Condemnation courses. Representative Client List: GovernmentlPu blic Agencies City of Auburn City of Bellevue City of Bellingham City of Bothell City of Edmonds City of Everett City of Kent City of Kirkland City of North Bend City of Puyallup City of Redmond City of SeaTac City of Seattle City of Tukwila Edmonds School District King County Dept. of Transportation King County Open Space King County Public Works Kitsap County Consolidated Housing Authority Pierce County Public Works Port of Seattle Seattle Housing Authority Allen Brackett Shedd 2011-2B.DOC - Copyright <J 2011 GREGORY L. GOODMAN, MAl (cont.) Government/Public Agencies (cont.) Seattle Monorail Project Seattle Public Library Seattle Public School District Seattle Public Utilities Attorneys-at-Law Buck and Gordon Cairncross & Hempelmann Davis Wright Tremaine Foster Pepper Graham & Dunn Hanson, Baker, Ludlow & Drumheller Lane, Powell, Spears & Lubersky Private Sector Abaco Pacific Burlington Northern Santa Fe Cadman, Inc. Cascade Land Conservancy Certified Land Services Clise Properties Inc. David Evans and Associates Deposit & Associates Development Services of America Evergreen Center Associates Greenwell/Renton LLC Johnson Underwood Properties Financial Institutions Anchor Savings Bank Bank of America Frontier Bank Sterling Savings Bank US Bank Shoreline Public Schools SoundTransit US Army Corps of Engineers Washington State Dept. of Transportation Lasher, Holzapfel, Sperry & Ebberson Perkins Coie Preston, Gates & Ellis Short, Cressman & Burgess Tousley Brain Stephens Washington State Attorney General's Office Williams & Williams Lynden Incorporated Master Park Nature Conservancy Palmer Coking Coal Pharos Corporation Port Blakely Communities Puget Sound Energy Puget Western Quadrant Seattle Art Museum Seattle Pacific University Staubach State Certification Number - General: 27011-1101089 (Revised 5/13/08) Expiration: 12/02/11 Allen Brackett Shedd 2011-2B.DOC - Copyright <i:J 2011