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HomeMy WebLinkAbout020 13 STATE OF WASHINGTON County of Jefferson IN THE MATTER OF A RESOLUTION } to amend a development agreement with } Resolution No.~~ land owned by Port Ludlow Associates } per Section 4.6, Exhibit A of the Port } Ludlow Development Agreement } Resolution No. 42-00 } The Jefferson County Board of Commissioners enters the following findings: l . On August 28, 1998 the BoCC adopted Resolution No. 72-98 establishing the Jefferson County Comprehensive Land Use Plan in accordance with the Growth Management Act Chapter 36.70A RCW. 2. The Comprehensive Plan established the Port Ludlow Master Planned Resort. The Comprehensive Plan contains policies in LNG 25.0 of Land Use and Rural element, which maintain the viability of Port Ludlow as Jefferson County's first Master Planned Resort (MPR) and only MPR established pursuant to RCW 36.70A.362 3. On May 8`h, 2000 the BoCC adopted Resolution No. 42-00 establishing a Port Ludlow Development Agreement (PLDA) with land owner Pope Resources pursuant to Chapter 36.70B.170 & 36.70A RCW. The PLDA governs land use development within the MPR and provides certainty to landowner and government for its term. 4. Section 4.6, Exhibit A of the PLDA allows the PLDA to be amended with the express written consent of the BoCC and Pope, or its successors in title (Port Ludlow Associates) by ordinance or resolution only after public notice and a public hearing. 5. On October 24, 2012 Jefferson County received a request from Port Ludlow Associates (PLA) and Olympic Water and Sewer Inc. (OWSI) to extend by amendment the term of PLDA and the OWSI Memorandum of Understanding (MOU) with Jefferson County from May 8, 2020 and October 4, 2019 respectively, to May 8, 2025. 6. The PLDA amendment also includes a provision to extend preliminary subdivision plat approval from the current seven years, to ten years. Preliminary plat approvals that would be effected are Olympic Terrace II Phase 2 set to expire on June 28, 2013, to be extended to June 28, 2016, and Ludlow Cove II set to expire on August 16, 2015, to be extended to August 16, 2018. 7. The purpose of the proposed amendment is to allow PLA to complete their anticipated development which has been thwarted by the economic downturn of 2008, resulting in a complete lack of new building activity on their part, a necessary precondition to completion and sale of the build-out of approved subdivisions and future development. 8. Based upon a recommendation by the Department of Community Development, the BoCC approved the application to review the proposed amendment and scheduled the required public hearing. 9. On April i, 2013 the public hearing was held by the BoCC and public testimony was received. Testimony in support of the proposed amendment was received by the BoCC, but which expressed concerns regarding adequate water supply and soil contamination. 10. Subsequent to the public hearing, staff investigated said concerns raised in public testimony and determined that water supply and soil contamination are under the legal and authoritative jurisdiction of the Washington State Department of Ecology and Health, and that the PLDA was not an appropriate mechanism for enforcement of those issues. 11. On May 6, 2013 the BoCC approved Amendment No. 2 to Port Ludlow Development Agreement (attached hereto as Exhibit A). The vote to approve was unanimous. 12. Approval of this Amendment #2 to the PLDA is within the police power granted to local governments such as Jefferson County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners, Jefferson County, Washington, as follows: 1.0 The adoption of Amendment No. 2 of Port Ludlow Development Agreement (AFN ) of lands owned by Port Ludlow Associates (legal description of property is Exhibit l of the PLDA at AFN 435974) and located in Jefferson County furthers the public's health, safety and welfare by extending the terms of expiration of the PLDA and MOU to May 8, 2025, and extending preliminary plat approval for Olympic Terrace II Phase 2 to June 28, 2016, and Ludlow Cove II to August 16, 2018. 2.0 The Board intends that the Amendment No.2 approved by this Resolution shall apply only to all land owned by Port Ludlow Associates within the Port Ludlow Master Planned Resort, to the extent permitted by law. 3.0 Effective Date. This Resolution shall become effective on the ~1 day of May 2013 4.0 Adoption. Adopted by the Jefferson County Board of Commissioners this f~ d y of May 2013. ¢/ , i r `,, 1 7... _~ to L .\ S SEI~~;4. ----1 , ~ ~ tc 7 •1 ' .C . 1 V'~ '''e\~. e~,f~J'p1~. o .. 1 4 ~„~~j 1 ~, ~ i `'' t \ ~ t~' , ATT~sT ~..~ ~~ ~~~!. . __ a ,. . • ,~ ~ i, _ aJYG Erin Lundgren, elerKcS1lf the Boa d JEFFERSON COUNTY BOARD OF ~pMMISSIONER David Su Phil Johnson, Member APPROVED AS TO FORM: ONLY ~"` ~z~I ~ David Alvarez Chief Civil Deputy Prosecuting Attorney, Jefferson County 1 arl Smit , irector of DCD 57fi054 PGS : 6 AMEND 05/14!2013 04:26 PM $37 00 PORT LUDLOW RSSOCIRTES LLC Jefferson CpounLt yR W~R~yRUtlitopr 'I~s, LLDf~f~ice~-pDonn`a~ E`l'd lr i~tlgWe~~,~ Auditor IIIRf'11YI11I7YrY'Y1r~I~riWlRli'~1fY'I~~Yi~rf1YYf7ri,l~~~ -- NAME & RETURN ADDRESS ~ { ~,b(.R S 4v~~ ~ ~~ ~r'i~- Lt,ta(le_u? X13 S oC t a ~ ~ `70 ~~ ~~ _;+~;~-c ~ ~(Cati~? IAA 9~.~~.~ Please print neatly or type information DOCUMENT TITLE a .~ M Q ~ - '~V~P~C~N~ll~t~l ~ I REFERENCE NUMBERS (S) OF RELATED DOCUMENTS 73 ~~l Z `+ ,c 3 ~ 3~ GRANTOR (S) Gast, First and Middle Initial) Q ~ l.~cLQs-t.J ~ (z.~$~-- GRANTEE (S) (Last, First and Middle Initial) J-e~~er-~z.~ (~v~-=-u.~~- t~- Additional Reference #'s on page Additional grantor on page Additional grantee on page LEGAL DESCRIPTION (Abbreviated i.e. lot,block,plat or section,township,range,quarter/quarter) Additional legal on page ASSESSOR'S PROPERTY TAX PARCEL/ACCOUNT NUMBER Additional parcel #'s on page The AuditorlRecorderwi!l rely on the informaiioap[ovided on this form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. AMENDMENT NO. 1 TO MEMORANDUM OF UNDERSTANDING REGARDING THE PROVISION OF SEWER SERVICE WITHIN THE BOUNDARIES OF THE PORT LUDLOW MASTER PLANNED RESORT THIS AMENDMENT NO..1 TO MEMORANDUM OF UNDERSTANDING (this "Amendment") is made this ~~day of ~}2 ~.t~.,,t~-- , 2013, by OLYMPIC WATER AND SEWER, INC., a Washington corpo tion ("OWSI"), and JEFFERSON COUNTY, a political subdivision of the State of Washington (the "County"). This Amendment amends and modifies that certain "Memorandum of Understanding Regazding the Provision of Sewer Service Within the Boundaries of the Port Ludlow Master Planned Resort" dated October 4, 1999, between OWSI and the County (the "MOU"). RECITALS A. The Port Ludlow Development Agreement dated May 1, 2000, between Pope Resources, Olympic Property Group LLC, Olympic Resorts LLC, OWSI, and Olympic Real Estate Development LLC (collectively "Pope"), and the County, which was recorded in the real property records of Jefferson County, Washington, under Auditor's File No. 435974, as amended by Corrected Amendment No. 1 to Development Agreement dated and effective July 7, 2008, which was recorded in the real property records of Jefferson County, Washington, under Auditor's File No. 536369 (as amended, the "Development Agreement"), governs the development of certain real property located in the approximately 1,200-acre Port Ludlow MPR, which is a master planned resort designated by Jefferson County in 1998 under the authority of RCW 36.70A.362. The MOU and the Development Agreement both govern the development of real property within the Port Ludlow MPR. B. OWSI is wholly-owned by Port Ludlow Associates LLC, a Washington limited liability company ("PLA"), which is the successor to Pope Resources, Olympic Property Group LLC, Olympic Resorts LLC, and Olympic Real Estate Development LLC under the Development Agreement. PLA and OWSI collectively are the successors to Pope under the Development Agreement. C. The MOU will expire on October 4, 2019. The Development Agreement will expire on May 8, 2020. D. PLA and OWSI desire to extend the term and make other amendments to the Development Agreement, in the form of a proposed Amendment No. 2 to Port Ludlow Development Agreement (the "Development Agreement Amendment"). The County is willing DWT 20891247v1 0065364-000001 to consider the Development Agreement Amendment if OWSI will join the County in amending the MOU to extend its term to match the proposed extended term of the Development Agreement. E. OWSI and the County desire to extend the term of the MOU as described in this Amendment. NOW, THEREFORE, in consideration of the mutual covenants, conditions, and agreements of the parties, it is agreed by and between the parties that the MOU shall be amended and modified as follows: AGREEMENT 1. Extension of Term. The term of the MOU shall expire and terminate upon the expiration or termination of the Development Agreement, as it may now or hereafter be extended. 2. Effect of Amendment. This Amendment amends and modifies the MOU and shall be effective as of the date of mutual execution and delivery hereof. In the event of any conflict between the MOU and this Amendment, this Amendment shall control. Capitalized terms not otherwise defined herein shall have the meanings given them under the MOU. Except as contained within the MOU, this Amendment, and the Development Agreement (as amended), there are no other agreements or understandings between OWSI and the County relating to the subject matter of the MOU and this Amendment. The MOU is hereby confirmed and ratified. (Remainder ofpage intentionally left blank) DWT 20891247v1 0065364-000001 IN WITNESS WHEREOF, the parties hereto have mutually have executed and delivered this Amendment. JEFFERSON COUNTY Jefferson County Board of County APPROVED AS TO FORM: ~~.~~~ ~~ ~J Z~113 Prosecuting Attorney Director Department of Community Development OLYMPIC WATER AND SEWER, INC. ~ ~ ~y~ BY~aPrru Its Preside DWT 20891247v1 0065364-000001 ~'.(1m m 1 CC1(1n P.iC STATE OF WASHINGTON ) ss. COUNTY OF JEFFERSON ) On this ~ day of ~'y LG-ct_ , 2013, before me, a Notary Public in and for the State of Washington, personally appe ed ~ti-rc% ,Ss~k-{`G~ ,personally known to me (or proved to me on the basis of say evidence) to be the person who executed this instrument, on oath stated that he or she was authorized to execute the instrument, and acknowledged it as the ~ ~ -,`~C ".~ - of Olympic Water and Sewer, Inc., to be the free and voluntary act and deed of said corporation for the uses and purposes mentioned in the instrument. WHEREOF, I have hereunto set my hand and official seal the day and year first a~0~~'4l. '~ii~~ ~:'' ~. J'';~ p,PY ~i 2 w .s ~PVO° ` '`Z STATE OF WASHINGTON COUNTY OF JEFFERSON NOTARY PU , residing at ~ My appointment Print Name ss. V~ On this /3 day of ~ 6c , 2013, before me, a Notary Public in and for the State of Washington, personally app red ?"~!~ l4~c S~ rt_ , ~a.-ui t~ _52~.l~r rte,,,,` ,and p~i.c / Ta kyzs~ ,personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed this instrument, on oath stated that they were authorized to execute the instrument, and acknowledged it as the three members of the Jefferson County Board of County Commissioners to be the free and voluntary act and deed of said Board, acting in their official capacity representing Jefferson County, Washington, for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. 4 DWT 20891247v1 0065364-000001 `\`~~puurrrur~~ ~~~ LUNDGR ~i~ ~\~? aptARy~''L • i ~j.':opV •I.~ . ~ ~2~~ ~~~~i9/~ OFIW P5,``px~~ NOTARY PUBT~,iC in a~ residing at ~'E~ My appointment expires Print Name ~rirz 1 State DWT 20891247v1 0065364-000001 576053M PGS RT18W RSAMTEND Jefferson County WH Rudi for s Office -Donna Eldiidge, Pudi for WHEN RECORDED, RETURN To: VIII ~~1Whl~ 1~1~1~4L~utl~+t~kq~d'~1h~Lk~YI~ ~I III _ Marco de Sa e Silva Davis Wright Tremaine LLP 1201 Fourth Avenue, Suite 2200 Seattle, Washington 98101 AMENDMENT N0.2 TO PORT LUDLOW DEVELOPMENT AGREEMENT Grantor: JEFFERSON COUNTY, a political subdivision of the State of Washington Grantee: PORT LUDLOW ASSOCIATES LLC, a Washington limited liability company OLYMPIC WATER AND SEWER, INC., a Washington corporation Abbreviated Legal Description: Portions of Sections 8, 9, 16, 17, 20, 21 and 29, Township 28 North, Range 1 East; Lts 48, 68, 71, 105 and 45 Area 4, Pt Ludlow No. 1; Lt 16 Area 3 Pt Ludlow No. 2; Lot 8 South Bay #2; Lt 74 Teal Lake Village; Pazcels 1-11 Ludlow Bay Village; Lts 8-11 Ludlow Cove Div 1, Phase 2; TTs A-E Ludlow Cove Div 1, Ph 1; Lt 16 Olympic Terrace #1; Lts 1-41 and TTs A-E Olympic Terrace Div 2, Ph 1; and tidelands fronting Ludlow Bay Village and Lt 1 Ludlow Beach TTs Complete legal description is on page (Exhibit A) of document. Assessor's Property Tax Parcel Account Numbers: See AttachmentNo. 1 hereto. Reference to Related Document: A.F. No. 435974 (Development Agreement) A.F. No. 536369 (Corrected Amendment No. 1) DWT 2292768v4 0065364-000016 AMENDMENT NO. 2 TO PORT LUDLOW DEVELOPMENT AGREEMENT THIS AMENDMENT N0.2 TO PORT LUDLOW DEVELOPMENT AGREEMENT (this "Amendment") is made this ! 3 `'~` day of ~`~~ c,9_, , 2013, by PORT LUDLOW ASSOCIATES LLC, a Washington limited 1' ility company, and OLYMPIC WATER AND SEWER, INC., a Washington corporation (collectively "PLA"), and JEFFERSON COUNTY, a political subdivision of the State of Washington (the "County"). This Amendment amends and modifies that certain Port Ludlow Development Agreement dated May 1, 2000, between Pope Resources, Olympic Property Group LLC, Olympic Resorts LLC, Olympic Water and Sewer, Inc., and Olympic Real Estate Development LLC (collectively "Pope") and the County, which was recorded in the real property records of Jefferson County, Washington, under Auditor's File No. 435974, as amended by Corrected Amendment No. 1 to Development Agreement dated and effective July 7, 2008, which was recorded in the real property records of Jefferson County, Washington, under Auditor's File No. 536369 (as amended, the "Agreement"). RECITALS A. The Agreement is a development agreement under RCW 36.70B.170 and Jefferson County Code (JCC) 18.40.850. Pope and the County made the Agreement effective May 8, 2000. PLA is the assignee and successor to Pope under the Agreement. B. The Agreement governs the development of real property owned by PLA and located in the approximately 1,200-acre Port Ludlow Master Planned Resort (MPR), which is a master planned resort designated by Jefferson County in 1998 under the authority of RCW 36.70A.362. C. Adverse economic conditions in Jefferson County and throughout the rest of the nation and the world since 2008 have significantly reduced the demand for real estate, delaying the period of time between the commencement and completion of real estate development projects. These impacts are especially severe in resort communities like the Port Ludlow MPR. The Washington State Legislature recognized this impact in 2010, when it amended RCW 58.17.140 to extend the generally applicable preliminary plat vesting period from five (5) to seven (7) yeazs. As amended, RCW 58.17.140 currently provides in part as follows: "A final plat meeting all requirements of this chapter shall be submitted to the legislative body of the city, town, or county for approval within seven years of the date of preliminazy plat approval. Nothing contained in this section shall act to prevent any city, town, or county from adopting by ordinance procedures which would allow extensions of time that may or may not contain additional or altered conditions and requirements." D. PLA and the County desire to extend the vesting period for preliminary plat approvals relating to the PLA Property, as authorized by RCW 36.70B.170(3)(i) (development standards set forth in development agreements include "[a] build-out or vesting period for applicable standards"). DWT 2292768v4 0065364-000016 E. The Agreement expires May 8, 2020, twenty (20) years after its effective date. The build-out of the PLA Property currently is expected to occur over the next six (6) to twelve (12) years. PLA and the County desire to extend the term of the Agreement, as contemplated by Section 3.11 of the Agreement ("the parties acknowledge that modifications to the proposed development will occur during the build-out period in order to achieve a variety of purposes," including responding to changing market needs), and as authorized by RCW 36.70B.170(3)(i). F. This Amendment was the subject of a fifreen (15) day comment period, which ran from ~2'T d 1iC.G~ ((J , 2013, to -ZZ ta11,t~ ~, 2013. As required by RCW 36.70B.200, a public heazing was held before the Jefferson County Board of County Commissioners on ~~, ~-, 2013. The Boazd of County Commissioners reviewed and took official action adopting this Amendment by ordinance/resolution #~_on ___~ ~, 2013. NOW, THEREFORE, in consideration of the mutual covenants, conditions, and agreements of the parties, it is agreed by and between the parties that the Agreement shall be amended and modified as follows: AGREEMENT 1. Defined Terms. The following terms used in this Amendment shall have the following meanings: "PLA Property" means the real property legally described on Exhibit A attached hereto, which comprises those portions of the Pope Property that are owned of record by PLA and located within the Port Ludlow MPR as of the effective date of this Amendment. All references in the Agreement to "Pope Property" shall mean "PLA Property." 2. Preliminary Plat Vesting Period. Each preliminary plat approval relating to any portion of the PLA Property, including without limitation the Preliminary Plat of Olympic Terrace Division II, Jefferson County File No. SUBOS-00003, and the Preliminary Plat of Ludlow Cove Division II, Jefferson County File No. SUB07-00038, shall expire ten (10) years after the date of approval, subject to potential extensions as provided in the applicable subdivision regulations. A final plat meeting all requirements of the applicable development standards shall be submitted to the Board of County Commissioners for approval within ten (10) years after the date of preliminazy plat approval unless such period is extended as provided in the applicable subdivision regulations. This period of time shall apply even if it expires after the term of the Agreement. 3. Term of Agreement. The term of the Agreement shall be extended five (5) years and shall expire May 8, 2025. 4. Effect of Amendment. This Amendment amends and modifies the Agreement and shall be effective as of the date of mutual execution and delivery hereof. In the event of any conflict between the Agreement and this Amendment, this Amendment shall control. Capitalized terms not otherwise defined herein shall have the meanings given them under the Agreement. Except as contained within the Agreement and this Amendment, there are no other agreements or understandings between PLA and the County relating to the subject matter of the Agreement and this Amendment. The Agreement is hereby confirmed and ratified. DWT 2292768v4 0065364-000016 IN WITNESS WHEREOF, the parties hereto have mutually have executed and delivered this Amendment. JEFFERSON COUNTY Jefferson County Board of County By By APPROVED AS TO FORM: ~V'(dVV~ ~ b7 Prosecuting Attorney ~~%~- Director DeparCment of Community Development PORT LUDLOW ASSOCIATES LLC, a Washington limited liability company ~U ~ ~~, BY ~ ~ f~Cl ~P_z Its President OLYMPIC WATER AND SEWER, INC. i ~~ . - w BY ~-~/~~vt%~'~ Its President 4 DWT 2292768v4 0065364-0OOOl6 EXHIBITS: A - Legal Description of PLA Property STATE OF WASHINGTON ) ss. COUNTY OF JEFFERSON ) ~ 2013 b On this ~ day of /~2-~i~~~ efore me, a Notazy Public in and for the State of Washington, personally app eerar d /~~tcs1 ~i..~a /k-s..~ ,personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument, on oath stated that he or she was authorized to execute the instrument, and acknowledged it as the ~~ ° Cam. _fi Port Ludlow Associates LLC, to be the free and voluntary act and deed of said limited liability company for the uses and purposes mentioned in the instrument. first IN ~.• ~~ ? Z ` NOTARY PUBLIC m and foi th State o Washington, ~ ; pU91.~6 ;'~O ^ residing at ~o-~ -~rw.~-~ i~~a',~OF WAS~\~~`~~ PrintNameme~expire~ ~ ~ ~GYy u STATE OF WASHINGTON ) ss. COUNTY OF JEFFERSON ) On this ~ dday of ~i ww , 2013, before me, a Notary Public in and for the State of Washington, personally appeazed L k-t-~~~ S%w-~ ,personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument, on oath stated that he or she was authorized to execute the instrument, and acknowledged it as the ~he~,L: ~-~'~ of Olympic Water and Sewer, Inc., to be the free and voluntary act and deed of said corporation for the uses and purposes first WHEREOF, I have hereunto set my hand and official seal the day and year the instrument. No~Agp __ - ar' X014 = N ~~ .. 9~,~.,puBt.1G.'~~ .~ ///~ ~ ~ i ~ ~ F' W A S N \ ~ ~ ~ `~ ~ I have hereunto set my hand and official seal the day and yeaz (: ~ i, r ~ _ // / vac -i tom', NOTARY PIC in and for the' State of~Vashington, residing at ~ s-~~ f" ~ d Gee ~,~*~.-~ DWT 2292768v4 0065364-000016 My appointment expires ~ 9/d~//~ Print Name ~i~i K l~ - ,Ck.~•..~=rru-~ STATE OF WASHINGTON ) ss. COUNTY OF JEFFERSON ) ~, 3 On this /3'3ay of ~~'t , 201, before me, a Notazy Public in and for the State of Washington, personally appeared Jc 1~., ,~7>~,~Yc > ~A-v, cl 4~.~./l ~ v a-,L ,and ' f ~ / ~j o ~ r• sr~-~ ,personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed this instrument, on oath stated that they were authorized to execute the instrument, and acknowledged it as the three members of the Jefferson County Boazd of County Commissioners to be the free and voluntary act and deed of said Boazd, acting in their official capacity representing Jefferson County, Washington, for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. ```tUtimrp~~~~ ~ r ~. ~x~~ ,~,IUNDQ ~p~~ ~.~_; _r~ ~ d~7LY~z~ ~.~~ ~.~~ Q~~.. •""' '• 9c~ '% NOT RY PUBLIC in and for the St tam e of W~nshington, NOTAgy '; 's residing at ~~' ~~ ~. • owaoaa~o+~ My appointmenrtlexpires G G /~1 %~a'. pt)BLtG rp Print Name /r<<r /l- ~:,.~~:~~vy-,-,_ i 9 •' ~ 'i ~' •'••., C7 Q ~~'zi~ ~F 1W ASN,~ s~v~~ 6 DWT 2292768v4 0065364-000016 EXHIBIT A Legal Description of PLA Property (Owned of Record by PLA and Located Within the Port Ludlow MPR as of the Effective Date of this Amendment) DWT 2292768v4 0065364-000016 EXHIBIT A LEGAL DESCRIPTION PROPERTY OWNED BY PORT LUDLOW ASSOCIATES LLC: Parcel A (990 400 464) Lot 68, Area 4, Port Ludlow No. 1, as per plat recorded in Volume 5 of Plats; on pages 26 to 32, inclusive, records of Jefferson County, Washington. Parcel B (990 400 467) Lot 71, Area 4, Port Ludlow No. I, as per plat recorded in Volume 5 of Plats, on pages 26 to 32, inclusive, records of Jefferson County, Washington. Parcel C (990 404 101) Lot 105, Area 4, Port Ludlow No. 1, as per plat recorded in Volume 5 of Plats, on pages 26 to 32, inclusive, records of Jefferson County, Washington. Parcel D / Golf Maintenance Yard (995 600 008) Lot 8, Plat of South Bay No. 2, Volume 6 of Plats, pages 4-6, Auditor's File No. 227195, records of Jefferson County, Washington. Parcel E /Heron Beach Inn (968 600 001) Parcel "I" as shown on the face of Ludlow Bay Village, as per plat recorded in Volume 6 of Plats, pages 228 thru 233, records of Jefferson County, Washington. Together with a perpetual non-exclusive easement over and across Tract "A" as shown on the final plat for access, egress, egress along the private roadway located therein. Parcel F /Marina (968 600 002) Parcels MI, M2; M3 and M4 as shown on the face of Ludlow Bay Village, as per plat recorded in Volume 6 of Plats, pages 228 thru 233, records of Jefferson County, Washington. Together with a perpetual non-exclusive easement over and across Tract "A" as shown on the final plat for access, egress, egress along the private roadway located therein. Parcel G /Harbormaster Restaurant (968 600 006, 968 600 007 and 968 600 008) Parcels Rl, R2 and R3 as shown on the face of Ludlow Bay V illage, as per plat recorded in Volume 6 of Plats, pages 228 thru 233, records of Jefferson County, Washington. Together with a perpetual non-exclusive easement over and across Tract "A" as shown on the final plat for access, egress, egress along the private roadway located therein. Parcel H (968 600 009 thru 012; 968 600 032 thru 038; 968 600 046 thru 066; 96S 600 072 and 073) Parcels SFI through SF4, inclusive, Parcels TH19 through TH25, inc]usive, TH33 through TH53, inclusive, TH 16A, TH28A, TH44A, TH45A and TH52A, as shown on the face of Ludlow Bay Village, as per plat recorded in Volume 6 of Plats, pages 228 through 233, records of Jefferson County, Washington. Together with a perpetual non-exclusive easement over and across Tract "A" as shown on the final plat for access, egress, egress along the private roadway located therein. 1 DWT 21932846v2 0065364-000001 Parcel I /Pintail House (968 600 013) Parcel SFS as shown on the face of Ludlow Bay Village, as per plat recorded in Volume 6 of Plats, pages 228 through 233, records of Jefferson County, Washington. Together with a perpetual non-exclusive easement over and across Tract "A" as shown on the final plat for access, egress, egress along the private roadway located therein. LPB Parcel J (968 800 009, 968 600 010 and 968 600 011) Lots 9, 10 and 1 I Ludlow Cove, Division 1, Phase 2, as per plat recorded in Volume 8 of Plats, pages 23 through 27, records of Jefferson County, Washington. Each lot together with an undivided 1/10 interest in Tracts F, G and H and an undivided 1/1 O~n interest in Ebb Tide Court; excepting therefrom that portion of said Tract F deeded to Jefferson County by deed recorded April 19, 2006 under Auditor's File No. 510348, records of Jefferson County, Washington, for Paradise Bay Road improvement. Parcel K (968 800 100) Open Space Tracts A, B, and C of Ludlow Cove Division 1, Phase 1, as per plat recorded in Volume 8 of Plats, pages 1 through 6, under Recording No. 479189, records of Jefferson County, Washington. Parcel L (968 800 101 and 968 800 102) Tracts D and E of Ludlow Cove Division 1, Phase 1, as per plat recorded in Volume 8 of Plats, pages 1 through 6, under Recording No. 479189, records of Jefferson County, Washington. Parcel M (978 802 001 thru 978 802 009, 978 802 013 thru 978 802 027, 978 802 031 thru 978 802 041 and 978 802 500) Lots 1 through 41, excluding lots 10-12 and 28-30 and Tract A of the Plat of Olympic Terrace Division 2, Phase 1, recorded in Volume 8 of Plats, pages 64 through 75, records of Jefferson County, Washington. Parcel N (978 802 501 thru 978 802 504) Tracts B, C, D and E ofthe Plat of Olympic Terrace Division 2, Phase 1, recorded in Volume 8 of Plats, pages 64 through 75, records of Jefferson County, Washington. Parcel O (821083 006) The Southeast '/< of the Southwest '/o of Section 8, Township 28 North, Range 1 East, W.M., Jefferson County, Washington. Except the plat of Port Ludlow No. 6, as recorded in Volume 9 of Surveys, page 49, records of Jefferson County, Washington. LPB Parcel P (821 093 001) That portion of Government Lot 4, Section 9; and that portion of Government Lot 1, Section 16, all in Township 28 North, Range 1 East, W.M., Jefferson County, Washington, described as follows: Beginning at the South '/n corner of Section 9, Township 28 North, Range 1 East, W.M., from whence the Southwest corner of said Section 9 bears North 88°35'24" West; thence South 17°26'02" west, 72.07 feet; thence North 72°33'2T~ West, 133.55 feet to a concrete monument known as "Monument A" for purposes of this description and the true point of beginning; thence South 17°26'33" West, 30.00 feet; thence North 72°33'27" West, 311.36 feet to a point of curve; thence along a curve to the left having a radius of 785.44 feet and a central angle of 10°18' 18", an arc distance of 141.27 feet; thence North 82°55'41" West, 16.07 feet to a point of curve; thence DWT 2193284641 0065364-OOOOOI along a curve to the left, having a radius of 35.00 feet and a central angle of 43°57'56", an arc distance of 26.86 feet to the Easterly margin of Oak Bay Road; thence North 70°21'53" West along said road margin, a distance of 6.34 feet; thence continuing along said road margin on a curve to the left, the center of which bears North 70°21'53" West, having a radius of 488.37 feet and a central angle of 12°35' 13", an arc distance of 107.29 feet; thence continuing along said road margin North 07°02' S4" East, 179.73 feet; thence continuing along said road margin, along a curve to the left having a radius of 2,894.79 feet and a central angle of 06° 19'43", an arc distance of 319.74 feet; thence continuing along said road margin North 00°43' 11" East, 281.84 feet to appoint of curve; thence continuing Northerly along said road margin, along a curve to the left, having a radius of 2,053.22 feet and central angle of OS°46'06", an arc distance of 206.71 feet to the Southerly margin of the plat of Port Ludlow No. 1, Area 2, per Volume 5 of Plats, page 26, Jefferson County records; thence along said Southerly margin the following courses: North 89°39'46" East 188.51 feet; North 62°49'20" East, 58.96 feet; North 89°39'46" East, 177.40 feet; South 00°20' 14" East, 25.00 feet; North 89°29'46" East 165.64 feet to the Southeast corner of Lot 37 of said Plat of Port Ludlow No. 1; thence leaving said Southerly margin, South 26°27`34" West, 272.79 feet; thence South 80°34'20" East, 119.75 feet; thence North 60°53'59" East, 74.11 feet to the Northwest corner of Admiralty No. 2, as per condominium recorded in Volume 1 of Condominiums, pages 31 through 39, records of Jefferson County; Washington; thence along the Westerly limits of said condominium the following courses: South 03°5727" West, 160.47 feet; South 54°35'30" West, 66.50 feet; South 47°22' 19" West, 140.72 feet; South 56°22'30" West, 56.33 feet; South 65°22'35" West, 115.07 feet; South 56°29'56" West, 19.31 feet; South 17°01'21" West, 88.40 feet to the Northwest corner of Admiralty, as per condominium recorded in Volume 10 of Condominiums of Official Records, pages 22 through 42, records of Jefferson County, Washington; thence South 17°01'21" West along the Westerly limits of said Admiralty, 395.01 feet to the Southwest corner thereof; thence South 72°33'27" East along the Southerly limits of said Admiralty, 281.40 feet; thence South 17°26'33" West, 30:00 feet to the true point of beginning. LPB Parcel Q (821 162 005 and 821 171 006) Parcel A: Tidelands of the Second Class, as conveyed by the State of Washington by deeds recorded in Volume 40 of Deeds, page 307 and Volume 79 of Deeds, page 383, records of Jefferson County, Washington, situate in front of, adjacent to or abutting upon that portion of Section 16, Township 28 North, Range 1 East, W.M., Jefferson County, Washington, platted as Ludlow Bay Village, as recorded in Volume 6 of Plats, pages 228 through 233, records of Jefferson County, Washington; except that portion lying Easterly of a line extending due South from Tidal Bench Mark No. 7 Parcel B: Tidelands of the Second Class, as conveyed by the State of Washington by deeds recorded in Volume 40 of Deeds, page 307 and Volume 79 of Deeds, page 383, records of Jefferson County, Washington, situate in front of, adjacent to or abutting upon Lot I of Ludlow Beach Tracts, as recorded in Volume 3 of Plats, page 7 and those portions of Sections 16 and 17, Township 28 UWT 21932846v2 0065364-000001 North, Range I East, W.M., Jefferson County, Washington, lying Westerly of the Easterly boundary line of Port Ludlow Condominium No. 1 as recorded in Volume 1 of Condominiums, page 15 and Westerly of the Easterly boundary line of Ludlow Point Village, Division 4, as recorded in Volume 6 of Plats, pages 216, and as revised, records of Jefferson County, Washington. Except those tidelands situate in front of, adjacent to or abutting upon the island portions of Government Lots 3 and 7 of Section 17; also except those tidelands situate in front of Inner Harbor Village Condominiums, Phases I, II, IV, VII, VIII, IX and Tax 6 as described in Auditor's File No. 342329, volume 343, Page 351, dated July 30; 1991, records of Jefferson County, Washington. Parcel R (821 163 003) That portion of the Southwest % of the Southwest Y< of the Southwest '/a of Section 16, and the Northwest Ya of the Northwest '/a of the Northwest '/< of the Northwest Ya of Section 21, and of the Northeast '/ of the Northeast '/< of the Northeast '/4 of Section 20, and of the Southeast '/4 of the Southeast'/ of the Southeast''/a of the Southeast''/o of Section 17, all in Township 28 North, Range 1 East, W.M., Jefferson County, Washington, lying Southerly of Paradise Bay Road; Except the plat of South Bay No. 3, as recorded in Volume 6 of Plats, at page 48, records of Jefferson County, Washington; except open space as shown on said plat of South Bay No. 3; except the plat of Edgewood Village as recorded in Volume 7 of Plats at page 6, records of Jefferson County, Washington; except Tract "A" as shown on that record of survey recorded in Volume 7 of Surveys at pages 170 through 174 records of Jefferson County, Washington. Parcel S Golf Course (821 163 006, 821 163 007, 821201 002, 821 201 003, 821201 004, 821 204 002, 821212 002, 821 213 002, and 821291003) Parcel A: Tracts A, B, C, D and E of Survey recorded January 3, 1986 in Volume 7 of surveys, pages 170 through 174, inclusive, under Auditor's File No. 298845, being portions of the Southwest'/< of the Southwest'/, and government Lot 4 in Section 16, and the East''/z in Section 20, the West''/z in Section 21 and the North''/z of the Northeast''/a in Section 29, all in Township 28 North, Range 1 East, W.M., Jefferson County, Washington; LPB Except any portion thereof lying within the plat of Edgewood Village, as recorded in Volume 7 of Plats, at pages 4 through 7, records of 7efferson County, Washington; also except any portion thereof lying within Fairway Village Condominiums, as recorded in Volume 1 of Condominiums, at page 219, records of Jefferson County, Washington; also except from said Tract B and D those portions conveyed to Ludlow Utilities Company, for Well Nos. 4, 9 and 12 by deed recorded December 3, 1985, under Auditor's File No. 298330; also except from said Tract D that portion thereof fora 175,000 gallon reservoir as recorded in Volume 211 of Deeds; at page 334, records of Jefferson County, Washington. Parcel B: That portion of the South %z of Section 17, and Section 2Q Township 28 North, Range 1 East, W.M., Jefferson County, Washington, described as follows: Commencing at the most Southeasterly corner of Lot 19 of the Plat of Edgewood Village, as recorded in Volume 7 of Plats, at page 4, records of Jefferson County, Washington, said corner also being the Southwest corner of Lot 20 of said Edgewood Village; Thence North 62°41' 04" West, along the Southerly line of said Lot 19, a distance of 24.00 feet to an angle point on said Lot 19, also being the true point of beginning for this description; thence in a Northerly direction along the Westerly margin of said Edgewood Village the following courses: Thence North 16°54'01" West, 146.06 feet; Thence North 08°57'01" West, 148.46 feet; Thence North 00°45' 12" West, 83.80 feet; DWT 21932846v2 0065364-000001 Thence North 37°27'07" West, 203.41 feet; Thence North 58°40'37" West, 271.08 feet; Thence North 54°27'25" West, 170.00 feet; Thence North 28°10'03" West, 130.07 feet; Thence North 03°29'54" West, 172.66 feet; Thence North 62°51'48" West, 110.25 feet; Thence North 34°46'49" West, 43.95 feet; Thence North 78°05'36" West, 78.92 feet; Thence North 31°08'05" East, 195.03 feet; Thence North 52°51' 19" East, 255.59 feet; Thence North 46°06'28" East, 128.24 feet; Thence North 35°54'24" West, 102.69 feet; Thence North 24°57'29" East, 60.]4 feet; Thence North 69°20'44" West, 262.49 feet to the Southwest corner of "Tract A" of said plat of Edgewood Village; thence leaving the Easterly boundary of said plat, North 80°49'39" West, 522.45 feet; Thence North 82°41'38" West 696.66 feet; Thence North 81°52'35" West, 410.77 feet; Thence South 57°1710" West, 610.50 feet; Thence South 68°17'21" West, 437.70 feet; Thence South 39°09' 14" West, 232.44 feet; Thence South 02°49'05" East, 186.58 feet; Thence South 30°38'22" East, 347.97 feet; Thence South 57°58'04: East, 385.91 feet; Thence South 02°13'34" East, 314.90 feet; LPB Thence South 77°34'03" West, 879.80 feet; Thence South 31°43'44" West, 686.04 feet; Thence South 40°39'05" East, 708.70 feet; Thence North 82°39'53" East, 502.49 feet; Thence South 79° l Y 18" East, 802.92 feet; Thence North 89°09' 18" East, 828.68 feet; Thence South 70°57'24" East, 355.80 feet; Thence South 88°09'57" East, 477.22 feet; Thence North 72°39'34" East, 410.00 feet; Thence North 26°22'05" East, 224.80 feet; Thence North 41°32'57" East, 201.73 feet; Thence South 77°09'37" East, ] 09.99 feet; Thence North 14° 11' 17" East, 142.60 feet; Thence North 59°27'26" West, 600.00 feet; Thence North 49°13'51" West, 498.14 feet; Thence North 41°28'28" East, 439.74 feet; Thence South 50°48' 17" East 477.34 feet: Thence south 62°41'04" East, 186.23 feet to the point of beginning. Parcel T /Sales Office (821 163 013) That portion of the Northwest'/< of Section 21; and the Southwest '/4 of Section 16, Township 28 North, Range 1 East, W.M., Jefferson County, Washington, lying Easterly of Tract "A" of that certain Survey recorded in Volume 7 of Surveys, page 170, and lying Southerly of Paradise Bay DWT 21932846v2 0065364-000001 Road and lying Westerly of Teal Lake Road. Parcel U (821 164 001, 821 164 002) That portion of Government Lots 5 and 6 and the Southeast Y of the Southeast Y< of Section 16, Township 28 North, Range 1 East, W.M., Jefferson County, Washington, lying Southerly of Ludlow Bay Road; Except Paradise Bay Road; also except any portion thereof lying within the plat of Bayview Village Division 1 as recorded in Volume 6 of Plats at page 111 records of Jefferson County, Washington; also except any portion thereof lying within the plat of Bayview V illage Division 2 as recorded in Volume 6 of Plats at page 114 records of Jefferson County, Washington; also except any portion thereof lying within the plat of Bayview Village Division 3 as recorded in Volume 6 of Plats at page 130 records of Jefferson County, Washington; also except Tract "A" of Teal Lake Village as recorded in Volume 6 of Plats at page 158 records of Jefferson County, Washington. LPB Parcel V /Village Center (821 171 001) That portion of Government Lot 1 and the Northwest % of Section 17, Township 28 North, Range 1 East, W.M., in Jefferson County, Washington, which lies Southerly of Oak Bay Road as conveyed to Jefferson County by deeds recorded under Auditor's File Nos. 333256 and 355902, Northwesterly of Paradise Bay Road and Northeasterly of the following described line: Beginning at the North'/a corner of said Section; thence South 0°49'20" West along the North- South center of section line 2,077.00 feet to the true point of beginning hereafter referred to as "Point A"; thence South 60°45'44" East 109.27 feet, more or less, to a point on the Northwesterly margin of Paradise Bay Road as amended by dedication recorded under Auditor's File No. 191398, being the true point of beginning; thence North 60°45'44'' West to a point 223.73 feet distant from aforementioned Point A, being a point of curve; thence along a 230.00 foot radius curve to the right, having a central angle of 61°36'47" and an arc length of 247.33 feet; to a point of reverse curve; thence along a 40.00 foot radius curve to the left, having a central angel of 90°23' 12" and an arc length of 63.10 feet to a point on the Southerly margin of Oak Bay Road and the terminus of this line; excepting therefrom that portion as conveyed to Jefferson County for road. improvement by deed recorded November 19, 2004 under Auditor's File No. 491912, records of Jefferson County, Washington. Parcel W (821 171 015) That portion of Government Lot 2 in Section 16, Township 28 North, Range 1 East, W.M., Jefferson County, Washington, lying North of the North right-of--way margin of Oak Bay Road; Except any portion thereof lying within the plat of Port Ludlow No. 1, as recorded in Volume 5 of Plats at page 31, records of Jefferson County, Washington; also except any portion thereof lying within the plat of Port Ludlow No. 7 as recorded in Volume 7 of Plats at page 76, records of Jefferson County, Washington; Also together with that portion of the Northeast '/a of the Northeast '/4 of Section 17, Township 28 North, Range 1 East, W.M., Jefferson County, Washington, lying North of the North right-of--way margin of the Oak Bay Road; Except any portion thereof lying Northerly of the Southerly line of Tract "A" of the plat of Port Ludlow No. 7 as recorded in Volume 7 of Plats at page 76, records of Jefferson County, Washington. Parcel X (821 172 001) That portion of the East % of the Northwest Ya of Section 17, Township 28 North, Range 1 East, D1~'T 21932846v2 0065364-000001 W.M., Jefferson County, Washington, lying North of Oak Bay Road and Lying West of Port Ludlow No. 6 as recorded in Volume 9 of Surveys at page 40, records of Jefferson County; Washington. LPB Parcel Y (821 173 001) Revised Parcel "C" of Boundary Line Agreement recorded under Auditor's File No. 440088 being described as follows: That portion of Section 17, Township 28 North, Range 1 East, W.M., Jefferson County, Washington, described as follows: Parcel "A" of that Boundary Line Adjustment recorded under Auditor's File No. 428912, records of Jefferson County, Washington; except that portion thereof lying Easterly and Southerly of the following described line: Commencing at the South Y< corner of said Section 17; thence along the South line thereof, North 88° 12'07" West, 1,450.21 feet to a line parallel with the East line of said Southwest''/a and the true point of beginning; thence along said parallel Line North 00°49'24" East 771.12 feet; thence North 77°03'46" East, 139.89 feet to a line which lies 60.00 feet Southerly from and parallel with the Southerly margin of tract A of "Timberton Village Phase I", filed in Volume 7 of Plats, pages 16 through 23, records of Jefferson County, Washington, and a point of curvature; thence along said parallel line, the following courses: Northeasterly 34.69 feet along the arc of a tangent curve to the left, having a radius of 410 feet through a central angle of 04°50'50" to a point of reverse curvature; Easterly 197.04 feet along the arc of a tangent curve to the right, having a radius of 350.00 feet, through a central angel of 32° 15'20" to a point of tangency; South 75°31'55" East, 24.93 feet to the Southwesterly corner of Timberton Drive as dedicated on said plat of "Timberton Village Phase I" and the terminus of said line; also except Oak Bay Road. Parcel Z / RV Park (821 172 002) Port Ludlow RV Park per Volume 1 of Binding Site Plans, pages 7, 8, 11 and 12, records of Jefferson County, Washington, being more particularly described as amended in Boundary Line Adjustment recorded March 18, 2005 under Auditor's File No. 495996, as follows: That portion of Government Lot 1 and the Northwest % of Section 17, Township 28 North, Range 1 East, W.M., in Jefferson County, Washington, described as follows: Beginning at the North''/a corner of said section; thence south 0°49'20" West along the North- South center of section line 2,077.00 feet to the true point of beginning; thence North 60°45'44" West 66.25 feet; thence South 34°01'37" West 42.74 feet; thence South 54°34'59" West 17.09 feet; thence South 34°01'37" West 146.41 feet; thence South 60°45'44" East 170.30 feet, more or less, to a point on the Northwesterly margin of Paradise Bay Road as amended by dedication recorded under Auditor's File No. 191398, records of said county; thence Northeasterly along said Northwesterly margin to a point which bears South 60°45'44" East of the true point of beginning; thence North 60°45'44" West 109.27 feet, more or less, to the true point of beginning. LPB Parcel AA (821 174 002) The island portions of Section 17, Township 28 North, Range 1 East, W.M., Jefferson County, Washington, more particularly described as follows: All of Government Lot 7 and that portion of Government Lot 3 lying Easterly of and adjacent to that property described as Community Center parcel conveyed to the South Bay Community Association by deed recorded July 30, 1991 under Auditor's File No. 342329, records of Jefferson County, Washington. DWT 27932846v2 0065364-000001 Together with second class tidelands as conveyed by the State of Washington, situate in front of, adjacent to, or abutting thereon. Parcel BB (821 174 003) Revised Parcel "A" of Boundary Line Adjustment recorded under Auditor's File No. 440088, records of Jefferson County, Washington, being described as follows: Those Portions of Sections 17 and 20, Township 28 North, Range 1 East, W.M., Jefferson County, Washington, described as follows: Parcel "D" of that Boundary Line Adjustment recorded under Auditor's File No. 379885, records of Jefferson County, Washington; Together with that portion of Parcel "A" of Boundary Line adjustment recorded under Auditor's File No. 428912, records of Jefferson County, Washington, lying Southeasterly of the following described line: Commencing at the South Yq corner of Section 17, Township 28 North, Range I East, W.M., Jefferson County, Washington; thence along the South line of the Southwest YQ of Section 17, North 88°12'07" West, 637.48 feet to the true point of beginning; thence North 57°17' 10" East 466.67 feet to the Southeasterly margin of Timberton Drive and the terminus of said line; Together with Parcel "D" of that Boundary Line Adjustment recorded under Auditor's File No. 428912, records of Jefferson County, Washington. Parcel CC (821204 001) Resultant Parcel "D" of Boundary Line Agreement recorded March 18, 2005 under Auditor's File No. 495995, records of Jefferson County, Washington, described as follows: Resultant Parcel "F" of that Boundary Line Adjustment recorded under Recording No. 428912, records of Jefferson County, Washington, lying within Section 2Q Township 28 North, Range 1 East, W.M., Jefferson County, Washingron; Except Parcel "G" as depicted on that record of Survey recorded in Volume 7 of Surveys, pages 170-174, records of Jefferson County, Washington, more particularly described as follows: Beginning at "Description Point D" as described in said record of survey, said point also being a point of curvature; thence Southerly, 61.69 feet along the arc of said curve to the right, having a radius of 70.00 feet, the radius point of which bears South 45°38'01" West, through a central angel of 50°29' S 1" to a point of reverse curvature; thence Southeasterly, 154.50 feet along the arc of said curve to the left, having a radius of 130.00 feet, through a central angel of 68°05'40"; LPB thence South 61°57'48" East, 117.79 feet; thence South 25°01'27" East, 156.34 feet; thence South 38°35'52" East, 236.26 feet; thence South 06°01'36" East, 125.99 feet; thence South 29°16'10" East, 23333 feet; thence South 06°32'32" West 162.47 feet; thence South 40°57'15" West, 158.36 feet; thence North 58°22'32" West, 99.51 feet; thence South 30°71'16" West, 17.00 feet; thence South 16°43' 17" East, 345.12 feet; thence South 15°02'59" West, 278.36 feet; thence South 87°12'20" East, 115.10 feet thence North 55°53'44" East, 135.44 feet; thence North 43°30' 13" East 224.80 feet; thence North 20°31'46" West 1 16.99 feet; thence North 12°09'48" East, 198.31 feet; thence South 77°50'12" East, 253.35 feet; thence North 12°27' 12" West, 66.00 feet; thence North 77°50' 12" West, 225.86 feet; thence North 12°09'48" East, 59.91 feet; thence North 61°36'31" East, 205.84 feet; thence North 57°58'08" East 461.51 feet; thence North 17°32' 16" East, 437.40 feet; thence North 14°09'20" West, 128.74 feet; thence North 35°48'49" East 141.68 feet; thence North 14°09'38" West, 186.68 feet; thence North 28°22'52" West, 438.66 feet; thence North 36°39' 19" West 272.92 feet; thence South 38°] 8'38" West, 279.40 feet; thence South 32°35'16" West, 182.72 feet; thence South 04°14'27" West, 79.31 feet; thence South 32°23'52" West 383.27 feet; thence South 78° 18'28" West, 292.45 feet; thence South 63°11'27" West, 114.50 feet; thence North 61°57'48" West 124.58 feet to the beginning of a 8 DWr21932846v2 0065364-000001 tangent curve; thence Northwesterly, 83.19 feet along the arc of said curve to the right, having a radius of 70.00 feet, through a central angle of 68°05'40" to a point of reverse curvature; thence Northwesterly 100.83 feet along the arc of said curve to the ]eft, having a radius of 130.00 feet, through a central angel of 44°26'26"; thence South 58°39'49" West 60.84 feet to the point of beginning. Parcel DD (821 211 003) Resultant Parcel "A" of Boundary Line Agreement recorded March 18, 2005 under Auditor's File No. 495995, records of Jefferson County, Washington, described as follows: That portion of the East''/z of Section 21, Township 28 North, Range 1 East, W.M., Jefferson County, Washington, lying Northerly of Watson Road and Southerly of Paradise Bay Road; EXCEPT any portion lying Southwesterly of Teal Lake Road; EXCEPT the plat of Woodridge Village Division 1, per Volume 7 of Plats, pages 47 through 50 inclusive; EXCEPT the amended plat of Teal Lake Village, per Volume 6 of Plats, pages 186 through 197 inclusive, both records of Jefferson County, Washington; Said parcel also being described as that portion of resultant Parcel A of that Boundary Line Adjustment recorded under Recording No. 450374, records of Jefferson County, Washington; EXCEPT that portion lying Southwesterly of Teal Lake Road. LPB Parcel EE (821 213 003) Resultant Parcel "C" of Boundary Line Agreement recorded March 18, 2005 under Auditor's File No. 495995, records of Jefferson County, Washington, described as follows: Parcel G as depicted on that record of Survey recorded in Volume 7 of Surveys, pages 170-174, records of Jefferson County, Washington, lying within the Southeast '/< of Section 20 and within the West''/4 of Section 21, Township 28 North, Range 1 East, W.M., Jefferson County, Washington, more particularly described as follows: Beginning at "Description Point D" as described in said record of survey, said point also being a point of curvature; thence Southerly, 61.69 feet along the arc of said curve to the right, having a radius of 70.00 feet, the radius point of which bears South 45°38'01" West, through a central angel of 50°29' S 1" to a point of reverse curvature; thence Southeasterly, 154.50 feet along the arc of said curve to the left, having a radius of 130.00 feet, through a central angel of 68°05'40"; thence South 61°57'48" East, 117.79 feet; thence South 25°01'27" East, 156.34 feet; thence South 38°35'52" East, 236.26 feet; thence South 06°01'36" East, 125.99 feet; thence South 29°16'10" East, 233.33 feet; thence South 06°32'32" West 162.47 feet; thence South 40°5T lY' West, 158.36 feet; thence North 58°22'32" West, 99.51 feet; thence South 30°11' l6" West, 17.00 feet; thence South 16°43'17" East, 345.12 feet; thence South 15°02'59" West, 278.36 feet; thence South 87°12'20" East, 115.10 feet; thence North 55°53'44" East, 135.44 feet; thence North 43°30' 13" East 224.80 feet; thence North 20°31'46" West, 116.99 feet; thence North 12°09'48" East, 198.31 feet; thence South 77°50'12" East, 253.35 feet; thence North 12°2T 12" West, 66.00 feet; thence North 77°50' 12" West, 225.86 feet; thence North 12°09'48" East, 59.91 feet; thence North 6]°36'31" East, 205.84 feet; thence North 57°58'08" East 461.51 feet; thence North 17°32' 16" East, 437.40 feet; thence North 14°09'20" West, 128.74 feet; thence North 35°48'49" East, 141.68 feet; thence North 14°09'38" West, 186.68 feet; thence North 28°22'52" West, 438.66 feet; thence North 36°39'19" West, 272.92 feet; thence South 38°18'38" West, 219.40 feet; thence South 32°35' 16" West, 182.72 feet; thence South 04°14'27" West, 79.31 feet; thence South 32°23'52" West 383.27 feet; thence South 78°18'28" West, 292.45 feet; thence South 63° 11'27" West, 114.50 feet; thence North 61°57'48" West, 124.58 feet to the beginning of a tangent curve; thence Northwesterly, 83.19 feet along the arc of said curve to the right, having a 9 DWT 21932846x2 0065364-000001 radius of 70.00 feet, through a central angle of 68°05'40" to a point of reverse curvature; thence Northwesterly 100.83 feet along the arc of said curve to the left, having a radius of 130.00 feet, through a central angel of 44°26'26"; thence South 58°39'49" West 60.84 feet to the point of beginning. EXCEPT that portion lying within the Northwest Ya of Section 21, Township 28 North, Range 1 East, W.M., Jefferson County, Washington. LPB Parcel FF (821 291 001) The East'/< of the North % of the Northeast'/a of Section 29, Township 28 North, Range 1 East, W.M., Jefferson County, Washington. Except any portion thereof lying within the Port Ludlow Golf Course as shown on Survey recorded in Volume 7 of Surveys at pages 170-174, records of Jefferson County; Washington. Also except any portion thereof lying within the 100 foot radius well site as descried in Exhibit "C" per document recorded in Volume 211 of Deeds at page 342; and except any portion thereof described as Well No. 12, as recorded in Volume 211 of Deeds at page 333, both records of Jefferson County, Washington. All situate in the County of Jefferson, State of Washington. PROPERTY OWNED BY OLYMPIC WATER AND SEWER, INC.: Parcel A (821 084 004) / Office/We112 That portion of the South % of the Southeast''/a of Section 8, Township 28 North, Range 1 East, W.M., Jefferson County, Washington, lying between the plats of Port Ludlow No. 3, as recorded in Volume 5 of Plats at pages 95 through 97, and the plat of Port Ludlow No. 4, as recorded in Volume 6 of Plats at pages 54 through 56, records of Jefferson County, Washington. EXCEPT any portion thereof lying Northerly of the Southerly right-of--way margin of Walker Way as shown on the face of said plats. Parcel B (821 093 003) /Sewage Treatment Plat That portion of Section 9, Township 28 North, Range 1 East, W.M., Jefferson County, Washington, described as follows: Commencing at the point of intersection of the centerlines of Pope Way and Condon Lane in the plat of Port Ludlow No. 1, Area 2 per Volume 5 of Plats at page 27, records of Jefferson County; thence along the centerline of Condon Lane South OS°54'07" West 329.20 feet to a point of curvature; thence Southerly on a 1,000.00 foot radius curve to the left having a central angle of 1 l °08' 10" for an arc distance of 194.36 feet to a point of tangency; thence South OS° 14'03" East 70.17 feet to an existing cased monument at center point of the cul-de-sac at the south end of said Condon Lane; thence South 13°51'52" West 45.00 feet to the Northeast corner of Lot 37 of the above said plat and the true point of beginning; thence along the east line of said Lot 37 South 13°51'52" West 130.03 feet to the Southeast corner of said Lot 37; thence leaving said plat South 26°27'34" West a distance of 272.79 feet; thence South 80°34'20" East a distance of 119.75 feet; thence North 60°53'39" East a distance of 74.11 feet to the Northwest corner of "Admiralty No. 2" as per survey recorded in Volume 1 of Condominiums at pages 38 and 39, records of Jefferson County, Washington; thence Easterly along the North line of said "Admiralty No. 2" along a 110.00 foot radius curve to the left the center of which bears North 18°44' 16" East, having a central angle of 27°30'00", for an arc distance of 52.80 feet to a point of tangency; thence continuing along the North line of said "Admiralty No. 2" and the Easterly extension thereof 10 DWT 219328462 0065364-000001 North 81 ° 14' 16" East 140 feet, more or less, to the line of ordinary high tide of Port Ludlow; thence Northerly along the line of said ordinary high tide a distance of 265 feet, more or less to LPB appoint on the South line of the Easterly extension of Lot 36 of the above said plat of Port Ludlow No. 1, Area 2; thence along last said line South 89°38'09" West to the Southwest corner of said Lot 36; thence along the Westerly line of said Lot 36 North 25°02'27" West 116.95 feet to the Northwest corner of said Lot 36; thence Westerly along the Southerly margin of said Condon Lane on a 45.00 foot radius curve to the right, the center of which bears North 43°2Y 53" West having a central angle of 57°1745", along an arc distance of 45.00 feet to the true point of beginning. TOGETHER WITH tidelands of the second class situated in front of, adjacent to or abutting thereon. All situate in the County of Jefferson, State of Washington. 11 DWT 21932846v2 0065364-000001