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wpS TTLEMENT AGREEMENT AND RELEASE OF CLAIMS
(Port Ludlow Timber Harvests)
THIS SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS (this "Agreement")
dated for reference purposes only as of December 19, 2016, is made by and between PORT
LUDLOW ASSOCIATES LLC, a Washington limited liability company ("PLA"), and
JEFFERSON COUNTY, a political subdivision of the State of Washington ("County").
RECITALS
A. PLA is the owner of the vacant parcels of real property located in the Port Ludlow
Master Planned Resort (the "MPR"), unincorporated Jefferson County, Washington, commonly
known as Jefferson County Tax Parcel Nos. 821083006 (6.3 acres zoned MPR -SFT), 821172001
(31.5 acres zoned MPR -SFT), 821164002 (34.8 acres zoned MPR-OSR), and 821211003 (65.25
acres zoned MPR-OSR) (collectively, the "Vacant Parcels"). The Vacant Parcels are shown
generally on the map attached hereto as Exhibit A. PLA also owns other real property within the
MPR, in addition to the Vacant Parcels. Zone designations are based on the Port Ludlow Master
Planned Resort Code, Jefferson County Ordinance No. 08-1004-99 ("MPR Code").
B. In 2015, PLA conducted timber harvests within the Vacant Parcels under
Washington State Department of Natural Resources ("DNR") FPA/N Nos. 2613316 dated
December 19, 2014, and 2613456 dated March 12, 2015 (collectively, the "Timber Harvests").
C. County contends the Timber Harvests were in violation of the Port Ludlow
Development Agreement dated May 1, 2000, among Jefferson County, PLA (as a successor and
assign), and Olympic Water and Sewer, Inc., a subsidiary of PLA (as amended, the
"Development Agreement"). PLA disagrees with the County. The Parties have chosen to enter
into this Agreement rather than resolve this dispute through litigation.
D. On January 27 and May 20, 2016, the parties to this Agreement participated in a
mediation (the "Mediation") led by mediator Phyllis Macleod, to resolve their disagreements
regarding the Timber Harvests. The Mediation led, after extensive further negotiation, to the
making of this Agreement, which is intended to resolve all disagreements of the parties regarding
the Timber Harvests and to address the manner in which PLA may cut trees within the MPR
during the term of this Agreement.
E. The parties, wishing to settle their disagreements, in consideration of the
compromise of their respective positions and their mutual promises, now agree as follows:
AGREEMENT
1. Permitted Actions. Future forest management actions conducted during the term of this
Agreement by PLA or its successors shall be performed in a manner that is consistent
with this Agreement, and such consistent actions shall not be interpreted to constitute a
violation of the Development Agreement or MPR Code. All future forest management
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DWT 28804374v25 0065364-000025
actions, including without limitation caring for and managing timber and conducting
timber harvesting operations, shall comply also with other applicable laws, orders,
ordinances, and regulations.
2. DNR Replanting. PLA represents and warrants to the County that PLA has completed
all replanting required by the DNR within the Vacant Parcels in connection with the
Timber Harvests. PLA also covenants that it will maintain these plantings to the extent
required by DNR regulations.
3. Restrictions on Forest Management in Areas Zoned MPR-OSR. Within the real
property owned by PLA that is located within the MPR and zoned MPR-OSR, which
areas as of the date of this Agreement are identified on Exhibit B attached hereto, PLA
shall not cut trees or otherwise harvest timber except as follows, each of which is
expressly permitted by this Agreement: (a) cutting that is expressly authorized by the
County in its sole discretion and in writing, upon finding it consistent with the aesthetic
and open space purposes of the MPR-OSR designation, which authorization may be
conditioned or denied by the County in its sole discretion, (b) cutting that is reasonably
incident to golf course operation, management, or renovation if the cutting is within fifty
(50) feet of the golf course and consistent with past practices of golf course operation,
management or renovation, (c) cutting reasonably incident to providing access to,
construction of, or maintenance of roadway, utility, or storm water drainage facilities, and
(d) cutting of hazard trees. The parties agree that one example of past incidents of cutting
that was not reasonably incident to golf course operation, management, or renovation was
the approximately two acres of Timber Harvest within Jefferson County Tax Parcel No.
821201003. For tree cutting proposed pursuant to subsections (b) and (c) above, if more
than fifty (50) trees equal to or greater than nine (9) inches diameter at breast height
("DBH") will be cut within any parcel or contiguous area within any twelve-month
period, PLA shall provide the County with written notice of the location and purpose of
the proposed cutting at least thirty (30) days before commencing the cutting. PLA's
notice shall include the approximate number of acres on which the timber cutting will
occur, the approximate number of trees to be cut, and the character of the cutting (e.g.,
tree thinning for golf course maintenance along Hole 9, maintenance of Oak Terrace
Lane). Upon notification by PLA of cutting proposed pursuant to subsection (b), the
County shall notify PLA within the 30 -day notice period if the County disagrees that the
cutting is reasonably incident to golf course operation, management, or renovation and
consistent with this Agreement. In this Agreement, "within fifty (50) feet of the golf
course" means within fifty (50) feet of any portion of the golf course tee boxes, fairways,
roughs, bunkers, water hazards, greens, drainage areas, and other customary golf course
areas that either are actually being used or are being prepared for actual use as part of the
golf course within the following twelve (12) months.
4. Forestry in Areas Not Zoned MPR-OSR.
4.1. Platted or Developed Lands. Within real property owned by PLA or its subsidiary
Olympic Water and Sewer, Inc., that is located within the MPR and not zoned MPR-
OSR, for which either a preliminary or final plat has been approved by the County or
land development activities have been approved by the County, which areas as of the
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DWT 28804374v25 0065364-000025
date of this Agreement are identified on Exhibit C attached hereto, PLA may cut trees or
otherwise harvest timber as long as the primary benefit and purpose of the cut or harvest
is to develop, improve, maintain, operate, or use real property for purposes other than
commercial forestry, subject to the following limitations: (a) PLA shall first obtain any
governmental approval or permit that otherwise may be required by law, including
without limitation any applicable County approval or permit and DNR Forest Practices
Approval/Notification, (b) PLA shall comply with any limitations, restrictions, and other
requirements imposed by the County or DNR in any issued approval or permit, and (c) if
more than two hundred (200) trees equal to or greater than nine (9) inches DBH will be
cut within any parcel or contiguous area within any twelve-month period, then PLA will
provide the County written notice of the location and purpose of the proposed cutting at
least thirty (30) days before commencement of any timber harvest except for removal of
hazard trees.
4.2. Unplatted and Undeveloped Lands. Within real property owned by PLA that is
located within the MPR and not zoned MPR-OSR, for which a preliminary or final plat
has not been approved by the County and/or land development activities have not been
commenced, completed, or approved by the County, which areas as of the effective date
of this Agreement are identified on Exhibit D attached hereto, PLA shall not cut trees or
otherwise harvest timber except:
a. incident to conversion to a permitted non -forestry use pursuant to a DNR Class IV -
general permit, unless the cutting qualifies as a Class I forest practice pursuant to
WAC 222-16-050(3);
b. reasonably incident to golf course expansion approved by the County;
C. reasonably incident to golf course operation, management, or renovation and within
fifty (50) feet of the golf course as defined in Section 3 above and consistent with
past practices as discussed in Section 3 above;
d. reasonably incident to providing access to, construction of, or maintenance of
roadway, utility, or storm water drainage facilities;
e. cutting hazard trees; or
E as otherwise expressly permitted or required by the County in its discretion.
Cutting trees or harvesting timber as described in subsections a through f above is subject
to the following limitations: (i) PLA shall first obtain any governmental approval or
permit that otherwise may be required by law, (ii) PLA shall comply with the Forest
Practices Act, RCW Chapter 76.09, and the Forest Practices Rules, WAC Title 222, and
other applicable laws, orders, ordinances, and regulations, (iii) PLA shall comply with
any limitations, restrictions, and other requirements imposed by the County or DNR in
any issued approval or permit, and (iv) if more than two hundred (200) trees equal to or
greater than nine (9) inches DBH will be cut within any parcel or contiguous area within
any twelve-month period, then PLA will provide the County at least thirty (30) days
3of14
DWT 28804374v25 0065364-000025
written notice of the location and purpose of the proposed cutting prior to commencement
of any timber harvest except for removal of hazard trees.
5. Amendment of Development Agreement; Enforcement and Penalties. PLA agrees to
cooperate with the County in revising the Development Agreement and MPR Code to
provide for enforcement of the MPR Code and penalties for violation thereof similar to
enforcement and penalties provisions in other codes incorporated within the Development
Agreement, but including also a provision under which the County may issue "stop
work" orders and requests for voluntary compliance in the event of an alleged breach or
violation, but will not assert claims against PLA for breach of the Development
Agreement, issue press releases, or make public announcements without first giving PLA
ten (10) business days to provide a legal justification for its actions, provided that PLA
has stopped the work to which the County objects, except in cases of imminent material
threat to human health or safety, or to the environment.
Until any such future revision of the Development Agreement and MPR Code, if the
County determines that timber cutting or other forest management activity is taking place
or has taken place that is not consistent with this Agreement, then the County shall
provide notice of such inconsistency to PLA and, as PLA has done following the Timber
Harvests, PLA shall immediately stop any ongoing activity that is the subject of such
notice and shall not resume the activity unless permitted by mutual agreement, binding
arbitration, or a court order. If the County and PLA cannot agree on whether an
inconsistency exists, or on mitigation or other remedies for an inconsistent action that
already has taken place, then PLA and the County shall engage in the dispute resolution
processes described in the Development Agreement, and if such processes are
unsuccessful, each party reserves the right to seek resolution and pursue remedies
available under the Development Agreement and at law.
6. Consistency with Development Agreement. In the event of any conflict between the
Development Agreement and this Agreement, this Agreement shall prevail.
7. Withdrawal of Notice of Violation. The County acknowledges that it is unaware of any
evidence that PLA acted in bad faith, unethically, or unreasonably in connection with the
Timber Harvests; the County recognizes that PLA was open and transparent in its
actions; and the County acknowledges that PLA believed its actions were consistent with
the Development Agreement, MPR Code, and other applicable laws, orders, ordinances,
and regulations. In consideration of the making of this Agreement (a) the County will
hereafter acknowledge that PLA was acting in good faith, and (b) the County hereby
withdraws its letter dated May 7, 2015, from Carl Smith, Director of Department of
Community Development, to Diana Smeland, President of PLA, and such letter shall
have no further force or effect.
8. Consultation with Owners. If PLA is contacted, either directly or through the County,
by any owner of real property in the MPR abutting the Timber Harvests as defined in
Recital B, and such owner expresses concerns about the aesthetic, public safety, or other
impacts of the cutting, PLA agrees to consult and meet on-site with the owner in good
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DWT 28804374v25 0065364-000025
faith to discuss the owner's concerns and PLA will consider whether it should voluntarily
offer any actions in response to those concerns.
9. Release of Claims. PLA and the County hereby release, forever discharge, and covenant
not to sue each other based upon any cause of action, claim, damage, expense, demand,
liability, or loss arising from or relating to the Timber Harvests, provided, however, that
this release, discharge, and covenant not to sue shall not apply to the obligations of any
party arising under this Agreement.
10. Successors and Assigns. This Agreement shall be binding upon and shall inure to the
benefit of the parties, their successors and assigns. The obligations and rights of PLA
under this Agreement are personal to PLA and to any express assignee of PLA of its
obligations and rights under the Development Agreement and do not transfer to consumer
purchasers of any portion of the real property owned by PLA within the MPR.
11. Amendment, Expiration, and Termination. This Agreement may be amended, and any
requirement contained herein waived, only by written instrument executed by the parties
personally or through their authorized representatives. This Agreement shall expire
automatically on the date that the Development Agreement expires, after any existing or
future extensions. Before expiration, this Agreement may be terminated only by the
mutual written agreement of the parties or by operation of law.
12. General. Exhibits B through D to this Agreement represent the best efforts of the parties
to inventory the real property owned by PLA within the MPR, but in the event of any
conflict between the description of the property that is provided in Sections 3, 4. 1, and
4_2 above, on the one hand, and the applicable exhibit, on the other hand, the description
of the property that is provided in Sections 3, 4. 1, or 4_2 above, as applicable, shall
control. The parties shall not be bound under this Agreement unless and until both
parties to this Agreement have executed and delivered it. Each person signing this
Agreement represents and warrants that he or she is duly authorized and empowered to
execute and deliver this Agreement on behalf of the party for whom he or she signs. The
parties shall cooperate fully with each other in order to give the terms of this Agreement
full force and effect. The purpose of this Agreement is to compromise a disputed claim.
It is not an admission of liability on the part of any party. This Agreement constitutes the
entire agreement of the parties with respect to the subject matter hereof, and there are no
representations, agreements, arrangements, understandings, warranties, or guarantees,
oral or written, between the parties or any of them with respect to the subject matter
hereof except as set forth herein. Should either party commence legal action to enforce or
interpret any or all of the terms of this Agreement, each party in such action shall bear its
own attorneys' fees and costs. The interpretation and enforcement of this Agreement
shall be governed by the laws of the State of Washington. This Agreement may be
delivered via hand, mail, electronic mail, or overnight delivery.
(Remainder ofpage intentionally left blank.)
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DWT 28804374v25 0065364-000025
EFFECTIVE as of date first above written.
PLA: PORT LUDLOW ASSOCIATES LLC, a
Washington limited liability company
By: )�" s::
Diana Smeland
Its President //
Date: IIle1� f4
COUNTY: JEFFERSON COUNTY, a political subdivision
of the State of Washington
By 4%t
Kathleen Kler, Chair
IM
.0
Commissioner
vid Sullivan, Commissioner
Date: k�&-
ATTEST: APPROVED AS TO FORM:
LaLo&o-ze H
Carolyn Av l" Patrick Schneider,
Deputy Clerk of the Board Special Deputy Prosecuting Attorney
6of14
DWT 28804374v25 0065364-000025
Sres
EFFECTIVE as of date first above written.
PLA: PORT LUDLOW ASSOCIATES LLC, a
Washington limited liability company
COUNTY:
ATTEST:
Carolyn Avery
Deputy Clerk of the Board
DWT 28804374v25 0065364-000025
0
Diana Smeland
Its President
Date:
JEFFERSON COUNTY, a political subdivision
of the State of Washington
Kathleen Kler, Chair
Phil Johnson, Commissioner
an
David Sullivan, Commissioner
Date:
A1317VED AS TO FORM:
Patrick Schneider,
Special Deputy Prosecuting Attorney
6of14
STATE OF WASHINGTON )
) ss.
COUNTY OF JEFFERSON )
On this day of 2016, before me, a Notary Public in and for the
State of Washington, personally appeared DIANA SMELAND, 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 she was authorized to execute the instrument, and acknowledged
it as the President of 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.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year
Notary Public
State of Washington
JAN RALLS
MY COMMISSION EXPIRES
June 25, 2019
STATE OF WASHINGTON
COUNTY OF JEFFERSON
NOTARY
and for the State of Washington,
residing at r1 'r-+
My appointment expires
Print Name
ss.
J� _A
On this j% - day of , 2016, before me, a Notary Public in and for the
State of Washington, personally appeared KATHLEEN KLER, PHIL JOHNSON, and DAVID
SULLIVAN, 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. .. 7)
NOTARY �J►.JBLIC in angor the State of Washington,
residing at --uki
My appointment expires
Print Name -a ko L vs A1,&k%-`i`
7of14
DWT 28804374v25 0065364-000025
EXHIBIT A
VACANT PARCELS AS DEFINED IN RECITAL A OF SETTLEMENT AGREEMENT
,
d'S Puget Sound
eP -
K
E G PA -
3 y� 61
e Ln
Pope way o
f� pie h Ln a
u�
=/ . G
r -t- q 5 48 � 7-d/deEl. � � ;
VY
a o Ma
O. .�
$ m ys OaK� ' 39 99040°467
0
R,�( 36. 96860000
��,, C, �/ 0�5 1 - N 645 4a�O 34 39. 8686000,
a 5
6\�b;�d u` �gt'i rscutcL C"u/1�43y q1. 968600036
�0 42. 968600008
1. 9689oo027 gay 43. 968600001
z. 968 " 44. 968600059
000 q9. 968600075
q 8no84004 q6. 96860000z �.
qy, 9688001.0 47. 968600010 i r
��h'1141e Ct 968900.21 Port 48 g90400464 �.,
7 96890.0024 49 Bzn630.3
8. 968900039 50. 821163013
to. 968900035 Ludlow Bay - a,
11. 9689o0ooq �—
$ 12. 968900007..
rrr���---��� �Q
o,a�e�arce (�' a
a
z. Skiff
in Dr
C
t� t� Para ase '.� , i ie<- - p \/
5i _ Vilma
Szlznoo
3 I
� r Z 10
S( Gest. moo. _ --
821201003
821201004
Vacant Parcels as Defined in
Ll Recital A
-Other Parcels Owned by
PLA or OWSI
Feet
o 900 1000-1 600
a
DWT 28804374x25 0065364-000025
O8z1z13oa
0
0
821204001 ,yfi
6
978802500
821214005
A
1788azoi4 iza7' 97.80.. z F
3 /\1` 18. 978802025 z8. 9781112009g
19. 97880x035 29. 9788oz0o6 .a
821291002 zt. 97 03331, 97880zoog
u. 978802034 3z. 978802013
z3. 978802023 33, 978802014
34. -;78802015-
8of14
EXHIBIT B
DESCRIPTION OF PROPERTY ZONED MPR-OSR
Parcel Number
Legal Description
Parcel's Zoning
Approximate
Acreage in
Zone
Owner
per
Assessor
Ownership as
Dedicated on
Plat Map
OPEN SPACE RESERVE
821164001116 T28 R1E GOV LOTS S& 6(LS PLATTED) LESS R/W
MPR-OSR
30.19
PLA
821164002 S16T28R1ESESELESS ROFW
MPR-OSR/MPR-SF4
20.05
PLA
821174002 S17T28R1EGOVLOT 3(ISLAND)& TL TAX DIGOVLOT 7(ISLAND)
MPR -05R
2.99
PLA
821174003 S17T28NR1ETAX 24-BLA#91405
MPR-OSR
32.80
PLA
821201003 S20T28R1ETAXI
MPR-OSR
118.75
PLA
821204001 S20T28RIETAX 6-PARCELDBNDTGTHTHRUBLA#102966
MPR-MF-10/MPR-SF4/MPR-OSR
97.83
PLA
821211003 S21T28R1ETAX 19W/PTNVAC WATSON RDADIBNDTGTH
THRU BLA#102966
MPR-OSR
65.25
PLA
821213003 S21T28R1ETAX21-PARCELCBIND TGTHTHRUSLA#102966
MPR-MF-10/MPR-SF4/MPR-OSR
0.43
PLA
TTLOSR: I MPR-OSR 1 368.29
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DWT 28804374v25 0065364-000025
EXHIBIT C
DESCRIPTION OF PLATTED OR DEVELOPED LANDS
NOT ZONED MPR-OSR
Parcel Number
Legal Description
Parce I's Zoning
Approximate
Acreage in
Zone
Owner
per
Assessor
Ownership as
Dedicated on
Plat Map
SINGLE FAMILY - 4 Dus/ACRE - PLATTED
82108103158 T11 R1ETAX 50
MPR -SF -4
1.26
OWSI
821084004 S8 T28 R1ESW SE(LS PTN PLATTED & LS PTN N/WALKER WAY)
INC SM PTN IN SESE
MPR -SF -4
2.13
OWSI
821163013 S16T28R1ETAX7
MPR -SF -4
2.61
PLA
968800009 LUDLOW COVE DIVISION 1 PHASE 2 LOT9 TGTH W/UND INT IN
TR F G&H SUM TO EASE
MPR -SF -4
0.29
PLA
968800010 LUDLOW COVE DIVISION 1 PHASE 2 LOT 10 TGTH W/UND I NT IN
TR F,G&H SUBJ TO EASE
MPR -SF -4
0.31
PIA
968800011 LUDLOW COVE DIVISION 1 PHASE 2 LOT 11 TGTH W/UND I NT IN
TR F,G&H SUBJ TO EASE
MPR -SF -4
0.31
PLA
968800100 LUDLOW COVE DIVISION 1 PHASE 1 OPEN SPACE TRACTS A, B&
C
MPR -SF -4
2.36
PLA
Dedicated to
Waterhouse
Lane HOA
968900001 LUDLOW COVE DIVISION2 LOT
MPR -SF -4
0.18
PLA
968900002 LUDLOW COVE DIVISION2 LOT
MPR -SF -4
0.16
PLA
968900003 LUDLOWCOVE DIVISION2 LOT3
MPR -SF -4
0.14
PIA
968900004 LUDLOWCOVE DIVISION2 LOT4
MPR -SF -4
0.21
PLA
968900006 LUDLOWCOVE DIVISION2 LOT6
MPR -SF -4
0.14
PLA
968900007 LUDLOWCOVE DIVISION2 LOT7
MPR -SF -4
0.14
PLA
9689000081 LUDLOW COVE DIVISION2 LOT8
MPR -SF -4
0.15
PLA
968900009 LUDLOWCOVE DIVISION2 LOT
MPR -SF -4
0.15
PLA
968900011 LUDLOW COVE DIVISION2 LOT 11
MPR -SF -4
0.13
PLA
968900012 LUDLOW COVE DIVISION2 LOT 12
MPR -SF -4
0.14
PLA
968900013 LUDLOW COVE DIVISION2 LOT 13
MPR -SF -4
0.15
PLA
968900017 LUDLOW COVE DIVISION2 LOT 17
MPR -SF -4
0.13
PLA
968900018 LUDLOW COVE DIVISION2 LOT 18
MPR -SF -4
0.12
PLA
968900021 LUDLOWCOVE DIVISION2 LOT21
MPR -SF -4
0.14
PLA
968900022 LUDLOWCOVE DIVISION2 LOT22
MPR -SF -4
0.12
PLA
968900024 LUDLOWCOVE DIVISION2 LOT24
MPR -SF -4
0.12
PLA
968900026 LUDLOW COVE DIVISION2 LOT26
MPR -SF -4
0.11
PLA
968900027 LUDLOW COVE DIVISION2 LOT27
MPR -SF -4
0.12
PLA
968900028 LUDLOW COVE DIVISION2 LOT28
MPR -SF -4
0.12
PLA
968900029 LUDLOW COVE DIVISION2 LOT29
MPR -SF -4
0.12
PLA
968900030 LUDLOW COVE DIVISION2 LOT30
MPR -SF -4
0.12
PLA
968900031 LUDLOWCOVE DIVISION2 LOT31
MPR -SF -4
0.16
PLA
968900033 LUDLOW COVE DIVISION2 LOT33
MPR -SF -4
0.14
PLA
968900034 LUDLOW COVE DIVISION2 LOT 34
MPR -SF -4
0.15
PLA
968900035 LUDLOW COVE DIVISION2 LOT35
MPR -SF -4
0.13
PLA
968900036 LUDLOW COVE DIVISION2 LOT36
MPR -SF -4
0.12
PLA
968900037 LUDLOW COVE DIVISION2 LOT37
MPR -SF -4
0.12
PLA
968900039 LUDLOWCOVE DIVISION2 LOT39
MPR -SF -4
0.12
PLA
968900040 LUDLOWCOVE DIVISION2 LOT40
MPR -SF -4
0.12
PLA
968900041 LUDLOWCOVE DIVISION2 LOT41
MPR -SF -4
0.12
PLA
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DWT 28804374v25 0065364-000025
EXHIBIT C (continued)
Parcel Number
Legal Description
Parcel's Zoning
Approximate
Owner
Ownership as
Acreage in
per
Dedicated on
Zone
Assessor
Plat Map
978802001
OLYMPIC TERRACE DIV 2 PHI LOT 1 SUBJ TO EASE/RESTOF
MPR -SF -4
0.55
PLA
RECORD
978802002
OLYMPIC TERRACE DIV 2 PH 1 LOT 2 SUBJ TO EASE/REST OF
MPR -SF -4
0.53
PLA
RECORD
978802003
OLYMPIC TERRACE DIV 2 PH 1 LOT 3 SUBJ TO EASE/REST OF
MPR -SF -4
0.44
PLA
RECORD
978802004
OLYMPIC TERRACE DIV 2 PH 1 LOT 4 SUBJ TO EASE/REST OF
MPR -SF -4
0.50
PLA
RECORD
978802005
OLYMPIC TERRACE DIV 2 PH 1 LOT 5 SUBJ TO EASE/RESTOF
MPR -SF -4
0.50
PLA
RECORD
978802006OLYMPIC
TERRACE DIV 2PH1LOT 6SUBJ TOEASE/RESTOF
MPR -SF -4
0.50
PLA
RECORD
978802007
OLYMPIC TERRACE DIV 2 PHI LOT 7 SUBJ TO EASE/REST OF
MPR -SF -4
0.50
PLA
RECORD
978802008
OLYMPIC TERRACE DIV 2 PH 1 LOT 8 SUBJ TO EASE/REST OF
MPR -SF -4
0.50
PLA
RECORD
978802009
OLYMPIC TERRACE DIV 2 PH 1 LOT 9 SUBJ TO EASE/REST OF
MPR -SF -4
0.48
PLA
RECORD
978802013
OLYMPIC TERRACE DIV 2 PH 1 LOT 13 SUBJ TO EASE/RESTOF
MPR -SF -4
0.46
PLA
RCRD
978802014
OLYMPIC TERRACE DIV 2 PH 1 LOT 14 SUBJ TO EASE/RESTOF
MPR -SF -4
0.50
PIA
RCRD
978802015
OLYMPIC TERRACE DIV 2PH1LOT 155UB1TOEASE/REST OR
MPR -SF -4
0.63
PLA
RCRD
978802016
OLYMPIC TERRACE DIV 2 PH 1 LOT 16 SUBJ TO EASE/RESTOF
MPR -SF -4
0.50
PLA
RCRD
978802017
OLYMPIC TERRACE DIV 2 PH 1 LOT 17 SUBJ TO EASE/RESTOF
MPR -SF -4
0.50
PLA
RCRD
978802018
OLYMPIC TERRACE DIV 2PH1LOT 18SUBJ TOFASE/RESTOF
MPR -SF -4
0.50
PLA
RCRD
978802019
OLYMPIC TERRACE DIV 2 PHI LOT 19 SUBJ TO EASE/RESTOF
MPR -SF -4
0.50
PLA
RCRD
978802020
OLYMPIC TERRACE DIV 2 PH 1 LOT 20 SUBJ TO EASE/REST OF
MPR -SF -4
0.50
PLA
RCRD
978802021
OLYMPIC TERRACE DIV 2PH1LOT 21SUBJ TOEASE/REST OF
MPR -SF -4
0.53
PIA
RCRD
978802022
OLYMPIC TERRACE DIV 2 PH 1 LOT 22 SUBJ TO EASE/REST OF
MPR -SF -4
0.61
PLA
RCRD
978802023
OLYMPIC TERRACE DIV 2PH1LOT 23SUBJ TOEASE/RESTOF
MPR -SF -4
0.69
PLA
RCRD
978802024
OLYMPIC TERRACE DIV 2 PH 1 LOT 24 SUBJ TO EASE/RESTOF
MPR -SF -4
0.66
PLA
RCRD
978802025
OLYMPIC TERRACE DIV 2 PH 1 LOT 25 SUBJ TO EASE/REST OF
MPR -SF -4
0.64
PLA
RCRD
978802026
OLYMPIC TERRACE DIV 2 PH 1 LOT 26 SUBJ TO EASE/REST OF
MPR -SF -4
0.53
PLA
RCRD
978802027
OLYMPIC TERRACE DIV 2 PH 1 LOT 27 SUBJ TO EASE/REST OF
MPR -SF -4
0.38
PLA
RCRD
978802031
OLYMPIC TERRACE DIV 2 PHI LOT 31 SUBJ TO EASE/REST OF
MPR -SF -4
0.44
PLA
RCRD
978802032
OLYMPIC TERRACE DIV 2 PHI LOT 32 SUBJ TO EASE/REST OF
MPR -SF -4
0.54
PLA
RCRD
978802033
OLYMPIC TERRACE DIV 2 PHI LOT 33 SUBJ TO EASE/REST OF
MPR -SF -4
0.50
PLA
RCRD
978802034
OLYMPIC TERRACE DIV 2 PHI LOT 34 SUBJ TO EASE/REST OF
MPR -SF -4
0.46
PIA
RCRD
978802035
OLYMPIC TERRACE DIV 2 PH 1 LOT 35 SUBJ TO EASE/REST OF
MPR -SF -4
0.52
PLA
RCRD
978802036
OLYMPIC TERRACE DIV 2 PHI LOT 36 SUBJ TO EASE/REST OF
MPR -SF -4
0.51
PLA
RCRD
978802037
OLYMPIC TERRACE DIV 2 PH 1 LOT 37 SUBJ TO EASE/REST OF
MPR -SF -4
0.52
PLA
RCRD
978802038
OLYMPIC TERRACE DIV 2 PH 1 LOT 38 SUBJ TO EASE/REST OF
MPR -SF -4
0.61
PLA
RCRD
978802039
OLYMPIC TERRACE DIV 2 PH 1LOT39SUBJTOEASE/RESTOF
MPR -SF -4
0.44
PLA
RCRD
978802040
OLYMPIC TERRACE DIV 2 PH 1 LOT40 SUBJ TO EASE/RESTOF
MPR -SF -4
0.45
PLA
RCRD
978802041
OLYMPIC TERRACE DIV 2 PHI LOT41 SUBJ TO EASE/RESTOF
MPR -SF -4
0.44
PLA
RCRD
11 of 14
DWT 28804374v25 0065364-000025
EXHIBIT C (continued)
Parcel Number Legal Description
Parce I's Zoning
Approximate
Acreage in
Zone
Owner
per
Assessor
Ownership as
Dedicated on
Plat Map
978802501 OLYMPIC TERRACE DIV 2 PH 1 TRACT B -FUTURE DEVELOPMENT
PHASE
MPR -SF -4
3.04
PLA
PORT LUDLOW R.V.PARK (PHASE 1&2)(ENLGBYTAX35)BND
BY BLA#102967
978802502 OLYMPIC TERRACE DIV 2 PH 1 TRACT C -FUTURE DEVELOPMENT
PHASE
MPR -SF -4
5.76
PLA
TTL VC:
978802503 OLYMPIC TERRACE DIV 2 PH I TRACT D -FUTURE DEVELOPMENT
PHASE
MPR -SF -4
5.63
PLA
978802504 OLYMPIC TERRACE DIV 2 PH I TRACT E -FUTURE DEVELOPMENT
PHASE
MPR -SF -4
8.09
PLA
PLA
990400174 PORT LUDLOW NOI AREA 1"EXCEPTIONAL WELL SITE"
MPR -SF -4
0.29
OWSI
2.03
990400464 PORT LUDLOW NOI AREA 4LOT 68
MPR -SF -4
0.38
PLA
MPR-RC/CF
990400467 PORT LUDLOW NO. 1AREA 4,LOT 71
MPR -SF -4
0.34
PLA
LUDLOW BAYVILLAGEPARCEL R-2
990404101 PORTLUDLOWN01 AREA4LOT105
MPR -SF -4
0.31
PLA
968600008
995600008 SOUTH BAY #2LOT 8
MPR -SF -4
0.33
PLA
TTL SF4- PLATTED/PRELIM PLAT:
MPR -SF -4
55.59
0.10
PLA
VILLAGE CENTER
821171001517
T28 R1E TAX 34 PORT LUDLOW VILLAGE CENTER BND TGTH
THRU BLA#102967
MPR -VC
6.83
PLA
821172002
PORT LUDLOW R.V.PARK (PHASE 1&2)(ENLGBYTAX35)BND
BY BLA#102967
MPR -VC
34.46
PLA
TTL VC:
MPR -VC
4L29
0.00
RESORT COMPLEX/COMMUNITY FACILITIES
821093003
S9 T28 RI E TAX 13 & TL TAX D-1 (SEWAG E TREATMENT PLANT)
MPR-RC/CF
2.00
OWSI
821093001
S9 T28 R1 E TAX 12
MPR-RC/CF
9.89
PLA
821162005
S16 T28 RIF TL TAX A(LS Al & A2) & TL TX B
MPR-RC/CF
0.00
PLA
968600001
LUDLOWBAY VILLAGEPARCEL IHERON BEACH INN
MPR-RC/CF
1.01
PLA
968600002
LUDLOWBAY VILLAGELTM1(LSTX13)SFl&SF2(SE2.12')BND
TGTH THRU BLA#113153 EXHIBIT D PARCEL 2 AFN545161 P15
MPR-RC/CF
2.03
PLA
968600006
LUDLOW BAY VI LLAGE-HARBORMASTERPARCELS R-I,TH-39
THRUTH-42 BND TGTH THRU BLA#113153 EXHIBIT H PARCEL
AFN545161 P19
MPR-RC/CF
0.43
PLA
968600007
LUDLOW BAYVILLAGEPARCEL R-2
MPR-RC/CF
1.35
PLA
968600008
LUDLOW BAYVILLAGE PARCEL R-3 & M-3 BND TGTH THRU
BLA#113153 EXHIBIT M PARCEL 11 AFN545161 P24
MPR-RC/CF
1.06
PLA
968600010
LUDLOW BAYVILLAGE LOTSSF-2(LS SETY 2.12') 3&4 BND TGTH
THRU BLA#113153 EXHIBITC PARCEL 1 AFN545161 P14
MPR-RC/CF
0.10
PLA
968600032
LUDLOW BAYVILLAGE LOTTH-16A, 19 THRU 21 BND TGTH THRU
BLA#113153 EXHIBIT L PARCEL 10 AFN545161 P23
MPR-RC/CF
0.06
PLA
968600035
LUDLOW BAYVILLAGE PARCELS TH-22 THRUTH-25 BD TGTH
THRU BLA#113153 EXHIBITK PARCEL 9 AFN545161 P22
MPR-RC/CF
0.06
PLA
968600046
LUDLOW BAYVILLAGE LOTTH-33 & 34 BND TGTH THRU
BLA#113153 EXHIBITI PARCEL 8 AFN545161 P21
MPR-RC/CF
0.10
PLA
968600048
LUDLOW BAYVILLAGE LOTTH-35 THRUTH-38 BND TGTH THRU
BLA#113153 EXHIBIT I PARCEL 7 AFN545161 P20
MPR-RC/CF
0.07
PLA
968600056
LUDLOW BAYVILLAGEPARCELSTH-43 THRU 45A BNO TGTH
THRU BLA#113153 EXHIBITG PARCEL 5 AFN545161 P18
MPR-RC/CF
0.06
PLA
968600059
LUDLOW BAYVILLAGELOTTH-46 THRU TH-53 BNO TGTH THRU
BLA#113153 EXHIBIT F PARCEL 4 AFN545161 P17
MPR-RC/CF
0.06
PLA
968600073
LUDLOW BAYVILLAGE LOTSTH-28A
MPR-RC/CF
0.01
PLA
968600074
LUDLOWBAY VILLAGE PARCEL M-1(TAX13)BND TGTH THRU
BLA#113153 EXHIBIT E PARCEL 3 AFN545161 P16
MPR-RC/CF
0.21
PLA
968600075
LUDLOW BAY VI LLAGE PARCELS M-2 & M-4 RESI DUAL OF
BLA#113153
MPR-RC/CF
1.15
PLA
TTL RC/CF:
I MPR-RC/CF
19.65
12 of 14
DWT 28804374v25 0065364-000025
EXHIBIT C (continued)
Parcel Number
Legal Description
Parcel's Zoning
Approximate
Acreage in
Zone
Owner
per
Assessor
Ownership as
Dedicated on
Plat Map
RECREATION AREA developed
821163003 S16T28RIE TAX 9
MPR -RA
4.42
PLA
821163006 S16T28R1EGOVLOT 4(PNTGOLF COURSE TRA)
MPR -RA
2.65
PLA
821163007 S16T28R1ESWSW(PTNGOLF COURSE TRA)
MPR -RA
7.59
PLA
821201002 S20T28RIE NE1/4(PTNGOLF COURSE TRE)
MPR -RA
11.39
PLA
821204002 SIO T28R1ESE1/4(PTNGOLF COURSE TRSC&D)
MPR -RA
28.32
PLA
821212002 Ill T28R1ENW1/4(PTNGOLF COURSE TRSA,B,C)(LESS PTN
FAIRWAY VI LLAG E CONDOS)
MPR -RA
63.54
PLA
821212003 S21T28R1ENW1/4(LSPLATrED)IMPS ONLY GOLF
CLUBHOUSE/PARKING
MPR -RA
0.00
PLA
821213002 S21T21R1ESW1/4(PTNGOLF COURSE TRS B&C)
MPR -RA
29.10
PLA
821291003 129T28R1EN1/2NE(PTNGOLF COURSE TRD)
MPR -RA
13.75
PLA
I subttl RA developed: I MPR -RA 1 160.76
TTL PLATTED/DEVELOPED 277.29
13 of 14
DWT 28804374v25 0065364-000025
EXHIBIT D
DESCRIPTION OF UNPLATTED AND UNDEVELOPED LANDS
NOT ZONED MPR-OSR
Parcel Number Legal Description Parcel's Zoning ApproximateOwner IOwnership as
Acreage in per Dedicated on
Zone Assessor Plat Mao
UNPLATTED/UNDEVELOPED
RECREATION AREA undeveloped
82120100412OT28R1ETAX 2 (INC PTNINSEC 17)(9-HOLETRAILGOLF MPR -RA 83.09 PLA
COURSE)
subttl RA undeveloped: MPR -RA I 83.09
SINGLE FAMILY - 4 DUs/ACRE - UNPLATTED
821164002 S16T28R1ESESELESS ROFW
MPR-OSR/MPR-SF4
18.54
PLA
821173001 S17T28R1ETAX 26-BLA#91405
MPR -SF -4
101.33
PLA
821204001 S20T28RIE TAX 6-PARCELDBIND TGTHTHRUBLA#102966
MPR-MF-10/MPR-SF4/MPR-OSR
1.10
PLA
821213003 S21T28R1ETAX 21-PARCELCBNDTGTHTHRUBLA#102966
MPR-MF-10/MPR-SF4/MPR-OSR
27.05
PLA
821291001 S29T28RIE N1/2NE(LESSWI/2 NW NE & PTN GOLF COURSE)
MPR -SF -4
46.25
PLA
subttl SF -4 unplatted:
MPR -SF -4
194.27
Dedicated to
OT 11 Common
Space
SINGLE FAMILY TRACT
8210830061`8 T28R1ESESW(LSPTNPTLUDLOW#6) MPR -SFT 6.30 PLA
821172001 S17T28R1EE1/2NW1/4(N/RD&W/PT LUDLOW 6) MPR -SFT 31.52 PLA
subttl SFT: MPR -SFT 37.82
MULTI -FAMILY 10- UNDEVELOPED
821171015
S17T28R1ETAX 19WITH EASE AFN#464018
MPR -MF -10
9.28
PLA
821204001
S20T21R1ETAX 6-PARCELDBIND TGTHTHRUBLA#102966
MPR-MF-10/MPR-SF4/MPR-OSR
2.00
PLA
821213003
S21T21R1ETAX 21-PARCELCBIND TGTHTHRUBLA#102966
MPR-MF-10/MPR-SF4/MPR-OSR
6.87
PLA
978802500
OLYMPIC TERRACE DIV 2 PH I TRACT A(OPEN SPACE)
MPR -MF -10
109.12
PLA
Dedicated to
OT 11 Common
Space
subttl MF -10 undeveloped:
MPR -MF -10
127.27
ITTL UNPLATTED/UNDEVELOPED: I I 442.45
14 of 14
Error! Unknown document property name.
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
FROM: Philip Morley, County Administrator
DATE: December 19, 2016 4
RE: Status Update of Settlement Negotiations with Port Ludlow Associates re: 2015 Timber
Harvests; Possible Deliberation and Action on a Settlement Agreement and Release of Claims
STATEMENT OF ISSUE: Staff will brief the Board on the status of settlement negotiations with Port
Ludlow Associates (PLA) regarding PLA's 2015 timber harvests within the Port Ludlow Master Planned
Resort. The Board may also deliberate on, and may take action on, a potential Settlement Agreement
and Release of Claims.
ANALYSIS: In 2015, Port Ludlow Associates conducted timber harvests and/or obtained State Forest
Practice Permits to conduct harvests on four parcels within the Master Planned Resort: parcel numbers
821083006 (6.3 acres zoned MPR -SFT), 821172001 (31.5 acres zoned MPR -SFT), 821164002 (34.8 acres
zoned MPR-OSR), and 821211003 (65.25 acres zoned MPR-OSR). The County contended that the timber
harvests were in violation of the Port Ludlow Development Agreement dated May 1, 2000. PLA
disagreed with the County.
Pursuant to the Development Agreement, the County and PLA entered into mediation and a negotiation
process to attempt to resolve the dispute, as a required step prior to litigation. On January 27 and May
20, 2016, the County and PLA participated in a mediation led by mediator Phyllis Macleod, to attempt to
resolve their disagreements regarding the timber harvests. The County and PLA subsequently engaged
in extensive further direct negotiations regarding the 2015 harvests, as well as what timber practices
PLA may conduct under the Development Agreement within the Master Planned Resort in future years.
Staff will update the Board of County Commissioners on the status of those negotiations. If staff
negotiations have resulted in a finished proposal for a Settlement Agreement and Release of Claims, the
Board would be given an opportunity to deliberate on the finished proposal, and potentially take action
on whether to approve the Agreement.
FISCAL IMPACT: No direct fiscal impact. Once and if a Settlement Agreement is mutually executed, the
County's cost to conduct negotiations would be curtailed, and the costs of litigating may also be
avoided.
RECOMMENDATION: Hear the staff briefing. If a Settlement Agreement is ready for consideration,
deliberate on said Settlement proposal, and potentially take action on the proposal.
REV4EVa0 BY:
Philip Morl ounty Administrator Date