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HomeMy WebLinkAboutSUB2009-00011 UDC CONSISTENCY REVIEW Proj�Pl.� -r: Master#MLA09-00184 Review Type Project Description SUB09-00011 I BOUNDARY LINE ADJUSTMENT �� 40 Primary: LASSEN PROPERTIES LLC Site Address: 275953 HIGHWAY 101 1460 OLD GARDINER RD SEQUIM WA 98382-8758 SEQUIM WA, 98382 CLARK LAND OFFICE REP JIM ALMADEN PO BOX 2199 SEQUIM WA 98382 Project Location: Parcel number 002 243 004, 002 343 006, 002 344 007, Section 34, Township 30N,Range 2W, WM, located at 80 Gardiner Beach Road, Sequim 98382 Parcel Number: 002343004 S-T-R: 34-30N-02W Total AcreagE 3 Legal Description S34 T30 R2W TAX 21 (LESS TAX 31& 36)WITH WATER Land Use: 5300 RIGHTS GARDINER STORE Flood District: Fire District: 5 Planning Area: 5 Flood Map(FIRM)Panel No: School 323 Zoning: Parcel Number: 002343006 S-T-R: 34-30N-02W TotalAcreagf 0 Legal Description S34 T30 R2W TAX 36 (TCO1#34) Land Use: 9100 Flood District: Fire District: 5 Planning Area: 5 Flood Map(FIRM)Panel No: School 323 Zoning: Parcel Number: 002344007 S-T-R: 34-30N-02W Total AcreagE 3 Legal Description S34 T3ON R2W TAX 24 Land Use: 1100 Flood District: Fire District: 5 Planning Area: 5 Flood Map(FIRM)Panel No: School 323 Zoning: COMP PLAN DESIGNATION: 0 COMMUNITY PLAN: UGA:_ MPR: WATER SUPPLY UTILITY: Service Area PUD: [ ] Plot plan states"property line" _,vie ' ssessor's Map(Property Ili 'c' bmitted plot plan must match the property lines as identified on the Assessor's 1/4 map) 41°/ Legal Access to Property NO WParcel Tags or Scanned Documents YE , %1O) 7 ESA's: Special ReI�o}t Tearby YE 0 —�I' Designated Ag i'•-)( �T JJ'' 1 Shoreline Designation: YES NO 41 Shoreline Slo!- tability: YE NO wil (j1 4 . Stream T o Fa,iIv. /'f a alq-11 --- • Fish&Wi e 1 41Ik NO , . - 4 Wetlands: YES Rare Plants:YES '' Seismic: YES CO Landslide: YES ! _ Flood: YES ' ►i Erosion: YES • Aquifer ' -• . 1 Area:YE NO SIPZ: no i. At Risk High Risk Coastal CMZ: none High Risk Ms.-., e Risk Disconnected CMZ Stormwater site plan .•u'-'ed: Ye•• 64._Forest Lands: YES NO Adjoining Forest Lands: Commercial/ Rural/ Inholding Stormwater: New Impervious Surface_ _Land Disturbing Activity ESA's Stormwater Req's: Min Req#2 Min Re 1 thru#5 M' eq#1 thru#10 • g Notice Provisions/Disclos Airport SEs N RL YES NO Forest Lands YEs No Landscaping Required:Y No ] Parking Spaces Required 0 2 Other ] Building Height: 35' UBC Standard [ mpervious Surface coverage percentage: surce Lands&Public: 10% Rural Residential: 25% Ru - •ustrial: Per UDC Sec 6.7 Rural C. : «al: 60% Area of Building Cover._ 1%in Rural Industrial Lands only [ ] Total Building(s)Siz-. RVC:20,000 SF CC:5,000 SF 00 SF GC:1 i ii SF All others:subject to septic&water constraints/None specified [ ] Setbacks: Front: Left Sise. Right Side: Rear: Shoreline Setback: LSHA Setback: [ ] Road Classification: Road Approach. EXISTING NOT REQ'D RAP [ ] SEPA Re• 'red: YES EXEMPT ' [ ] Flood 'ertificate: [ ], Existing Case(s)&Condition(s): Violations: Yes No [ ] Recorded Date of Subdivision: AFN Over 5yrs=UDC Plat Conditions: <5yrs=Plat Conditions on plat or Old Ordinance Lots/Require Declaration of Restrictive Covenant YES NO, submitted: YES NO [ ] Site Visit conducted YES NO [ ] Require Final Zoning Approval YES NO [ ] ADMIN: Setbacks entered in Permit Plan case N/A YES New Parcel Tags entered in Permit Plan N/A YES Special Reports Scanned N/A YES No parcel tags found for parcel Associated CASES status issued finaled description 002343004 BLD02-00534 F 10/18/2002 2/4/2004 FIRE DAMAGE:REBUILD (NO CHNG IN FTPRNT) RAP05-00051 F 5/11/2005 2/5/2009 911&RAP-OLD GARDINER RD BLD90-00813 F 12/10/1990 removal of 4 gas tanks BLD90-00814 F 12/10/1990 demolish portion of building BLD91-00828 F 1/16/1992 REPAIR EXISTING BLDG&UPDATE TO NEW ENERGY CODE BLD93-00070 F 2/17/1993 142 SQ FT STORAGE AREA UNDER DECK 1ZA94-00027 A 5/4/1994 BLD94-00744 F 10/25/1994 11/1/1995 Install 3 compartment sink ZON95-00027 F 6/26/1995 2/9/1996 Sign Permit SEP92-00468 F 7/29/1992 6/14/1993 Upstairs residence&Wildbirds Unlimited,are connected to this septic system that is rated for 270gpd. Min residence usage is 240gpd. Adding in the business and espresso stand put this system at capacity. BLD00-00579 W 10/24/2000 COMMERCIAL REPAIR(FIRE DAMAGE) M LA03-00078 BLD03-00098 F 3/12/2003 2/4/2004 DECK MLA05-00111 PRJ05-00047 P BLD05-00101 R 5/11/2005 NEW DETACHED POLE BLDG(FOR STORAGE USE ACCESSORY TO EXISTING RETAIL USE-EQUIPMENT) MLA09-00184 SUB09-00011 P BOUNDARY LINE ADJUSTMENT SOM92-00468 F SPA92-00004 W 7/17/1992 2 lot short plat. 05'03'2010 12:58 FAX 3606835310 Clark Land Office VP 001 e. 1�,` F " LAND SURVEYING 9,35- 3S M North Fifth Avenue • PO Batt 2199 }equim, Washington 98382 MAPPING .11 DEVELOPMENT CONSULTING 7.74 Office ce(360) 681-2161 • Fax(360) 685-5310 � , i .. Y � ' CONSTRUCTION MANAGEMENT � � � IN Toll free 1-8$8-681-2X61 • F-mail:info@clarkdand.com :A" FAX TRANSMITTAL Date: May 3, 2010 To: Jefferson Co. DCD Attention: Michelle Farfan FAX No.: 360-379-4451 From: Patty Haas Subject: United Telephone Boundary Line Adjustment No. of pages including cover sheet 2 Hard copy to follow: Yes [] No [X] Notes: Supplemental#2 to Subdivision Certificate dated April 21,2010. Please feel free to call with any further questions. 05/03/2010 12:58 FAX 3606835310 Clark Land Office 2002 JC . -. JEFFERSON TITLE COMPANY Jefferson Title Company 2205 Washington Street PO Box 256 Port Townsend,WA 98368 Phone:(360)385-2040 Fax: (360)385-6967 SUPPLEMENTAL #2 TO THE SUBDIVISION CERTIFICATE Attention: This Supplemental contains changes which impact Title to Property set forth in the above referenced Subdivision Certificate. Prepared For: Clark Land Office Fatty llaas P.O.Box 2199 5equim,WA 98382 Commitment No.:74081 - - _ Preperty Owner :Lassen Properties,ILC& United Telephone Company- - _ Schedule"B" g Paragraph 1 of the preliminary commitment is amended as follows: 1. General taxes for the year 2010 which have been paid. Amount: $ 3,480.30 Tax Account No.: 002 343 004 Assessed value: $463,425.00 Affects: Parcel A General taxes for the year 2010 which have been paid. Amount: $ 60.20 Tax Account No.: 002 343 006 Assessed value: $ 5,000.00 Affects: Parcel B General taxes for the year 2010 which have been paid. Amount: $ 1,425.78 Tax Account No.: 002 344 007 Assessed value: $ 188,040.00 Affects: Parcel C ®There has been no change in the title to the property covered by this order since May 19,2009, except the matters noted hereinabove. Dated as of April 21,2010 at 8:00 A.M. Je r on Title +trtpany B i11,W Y IAAL -l. Brenna Eissinger,Till! Officer CC: Harris Mericle& Wakayama,Malcolm Harris 551483 PGS : 8 BLA CLARK LAND OFFICE e - Donna Eldridge, Auditor Jefferson°County W uoi,o � em 1.L I ®IIII ®III I �WI�� `�I AFTER RECORDING MAIL TO: Name: Clark Land Office Jefferson County Excise Tax Aft # 1 1 4 3 1 • Date _ f Address: P. O. Box 2199 Tax $ Sales Art $ City,State: Sequim,WA 98382 By "`fl (irc L, Deputy Treasurer Boundary Line Adjustment Grantor(s): 1. United Telephone Company of the Northwest 2. Lassen Properties,LLC 3. it Grantee(s): 1. Lassen Properties,LLC 2. United Telephone Company of the Northwest 3. Legal Description: Parcels involved in the adjustment are currently legally described as follows(include �I Assessor's Property Tax Parcel Account Numbers): Parcel A: Assessor's Parcel No. 002 343 004,See Attached Exhibit A Parcel B: Assessor's Parcel No. 002 343 006,See Attached Exhibit A Parcel C: Assessor's Parcel No. 002 344 007, See Attached Exhibit A Parcel D: Boundary line subject to adjustment described as follows(new legal description): See Attached Exhibit B The nature of the adjustment is described as follows: it To redefine boundaries to correct encroachment. LAND SURVEYING - W 3 935 North Fifth Avenue • PO.Box 2199 MAPPING .71 Sequim, Washington 98382 DEVELOPMENT CONSULTING :: Office(360)681-2161 • Fax(360) 683-5310 CONSTRUCTION MANAGEMENT .41 CE Toll Free 1-888-681-2161 • E-mail:info@clarkland.com LETTER OF TRANSMI.TTAL To: Ms. Michelle Farfan Date: April 28, 2010 Jefferson Co. Dept. of Comm. Dev. Re: MLA09-00184/SUB09-00011 621 Sheridan Street Port Townsend, Washington 98368 Enclosed are the following items: Copies Date Description 1 4/14/10 Mylar original and four paper copies of Final Boundary Line Adjustment Survey for United Telephone Company of the NW 1 4/20/10 Check Number 13327 in the amount of$66.50 for half the recording fee (United Telephone) 1 4/21/10 Check Number 6429 in the amount of$66.50 for half the recording fee (Lassen Properties) 1 Copy of recorded Statement of Intent Remarks: For final approval and recording. Please feel free to call if you have any questions. Copies to: Signed Patty Haas STATEMENT OF INTENT: This recording is for the purpose of assisting with a boundary line adjustment pursuant to RCW 58.17.040(6). It does not create any additional lots, tracts, parcels, or division as the land described herein shall merge or be integrated into abutting property presently owned by the proponent. Nor does the boundary line adjustment result in any lots, tracts, parcels or division which contain insufficient area and dimension to meet minimum county and sanitation requirements for width and area for a building site. UNITED TELEPHONE COMPANY LASSEN PROPERT k , LLC OFT E NORT EST A - r.\\,E4:1•Ar- . 7 ille t /By: t By: s STATE OF,c'A 4/5 6,s ) COUNTY OF,...--T-0 A/ALI a A.. ) SS Mit 14 This is to certify that on this 1 day of 052}/ ,2009,personally appeared ,.(?A,ss F.•00eQis ,to me known to be the , 744. ,Q e 4i Csn, United Telephone Company of the Northwest,the Oregon Corporation which executed the foregoing instrument,and acknowledged the instrument to be the free and voluntary act and deed of said Corporation,and on oath stated that Ale is authorized to execute the said instrument. WITNESS my hand and official seal the day and year first above written. otary ublic in and for the State of / 41,4,•,-5 1--_ R a- Notary Pubic State of Kansas Residing at 442-.eDi ,e.$ Xl.� JOSEPH M.HALE ' My Appointment Expires STATE OF WASHINWN COUNTY OF -3c / '.d ) ' ss This is to certify that on this I - day of /PI 4 7 ,2009,personally appeared (''f G 41/r-- ,to me known to be the c.,.,a j;--- of Lassen Properties,LLC,the Washington Limited Liability Company which executed the foregoing instrument,and acknowle•• •- instrument to be the free and voluntary act and deed of said Company,and on oath stated t,- x(411 .1r. authorized to execute the said instrument. 00 yt'f1d Qeo WITNES. y hand and-offic.- -al the day and year first above written. 0 f 2 ,' 407 olotig Notary"P is in and for the •to of 4+- .f`-5 14— Residin at ' i _ ,. * tom. r Atri • ' 4°7-100Ni This boundary line adjustment has been reviewed and approved by the Jefferson ounty Develop, ent Review Division. Nil 20,4, -- i-etifk9„..e1/4:) II /ice/1/200c( As SOCitte Planner .J Date EXHIBIT A PARCEL A DESCRIPTION BEFORE BOUNDARY LINE ADJUSTMENT LASSEN PROPERTIES, LLC THAT PORTION OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 34, TOWNSHIP 30 NORTH, RANGE 2 WEST, W.M., JEFFERSON COUNTY,WASHINGTON, LYING SOUTHERLY OF OLD STATE ROAD NO. 9 (NOW A COUNTY ROAD)AND NORTHERLY OF THE NORTHERLY MARGIN OF STATE ROAD NO. 9; EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTHERLY LINE OF SAID OLD STATE ROAD NO. 9 WITH THE NORTHERLY MARGIN OF STATE ROAD NO. 9; THENCE EASTERLY, ALONG SAID NORTHERLY MARGIN, 220 FEET; THENCE NORTH 48 FEET, MORE OR LESS, TO THE SAID SOUTHERLY LINE OF OLD SATE ROAD NO. 9; THENCE WESTERLY, ALONG SAID SOUTHERLY LINE TO THE POINT OF BEGINNING; AND EXCEPT THAT PORTION THEREOF CONVEYED TO MAURICE R. HULL ET UX BY DEED DATED NOVEMBER 12, 1963 AND RECORDED UNDER AUDITOR'S FILE NO. 177769, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS 2,715.4 FEET EAST OF THE WEST 1/4 CORNER OF SAID EAST- WEST CENTERLINE OF SAID SECTION; THENCE SOUTH ALONG THE NORTH-SOUTH CENTERLINE 2° 15' EAST, A DISTANCE OF 251.6 FEET TO THE INTERSECTION OF THIS LINE AND THE NORTH LINE OF THE RIGHT-OF-WAY OF UNITED STATES HIGHWAY 101; THENCE NORTHWESTERLY ALONG THE RIGHT-OF-WAY OF SAID HIGHWAY, A DISTANCE OF 50 FEET; THENCE NORTH 11° 24' EAST, A DISTANCE OF 247.15 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. SITUATE IN THE COUNTY OF JEFFERSON, STATE OF WASHINGTON. EXHIBIT A PARCEL B DESCRIPTION BEFORE BOUNDARY LINE ADJUSTMENT UNITED TELEPHONE COMPANY OF THE NORTHWEST THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 30 NORTH, RANGE 2 WEST,W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 2,715.4 FEET EAST OF THE WEST QUARTER CORNER OF SAID SECTION 34 ON THE EAST-WEST CENTERLINE, SAID POINT ALSO BEING ON THE NORTH-SOUTH CENTERLINE; THENCE SOUTH 2° 15' EAST ALONG SAID NORTH-SOUTH CENTERLINE 251.6 FEET TO THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF U. S. HIGHWAY 101; THENCE NORTHWESTERLY ALONG SAID RIGHT-OF-WAY 50 FEET; THENCE NORTH 11° 24' EAST 247.15 FEET MORE OR LESS TO THE TRUE POINT OF BEGINNING. EXHIBIT A PARCEL C DESCRIPTION BEFORE BOUNDARY LINE ADJUSTMENT LASSEN PROPERTIES, LLC THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 30 NORTH, RANGE 2 WEST, W.M., JEFFERSON COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 34; THENCE WESTERLY ALONG THE CENTERLINE AND FOLLOWING THE OLD STATE HIGHWAY (COUNTY ROAD NO. 102)A DISTANCE OF 2,640 FEET TO THE TRUE POINT OF BEGINNING, WHICH POINT SHOULD BE THE INTERSECTION OF THE NORTH AND SOUTH CENTERLINE OF SECTION 34 AND THE OLD HIGHWAY(COUNTY ROAD NO. 102); THENCE SOUTH ALONG SAID CENTERLINE 300 FEET TO THE NORTHERLY BOUNDARY OF THE NEW STATE HIGHWAY(U. S. HIGHWAY NO. 101); THENCE EASTERLY ALONG SAID HIGHWAY 355 FEET, MORE OR LESS TO A POINT; THENCE NORTHERLY 325 FEET TO THE OLD STATE HIGHWAY(COUNTY ROAD NO. 102); THENCE WESTERLY 345 FEET TO THE PLACE OF BEGINNING; TOGETHER WITH THAT PORTION OF VACATED OLD STATE HIGHWAY (COUNTY ROAD NO. 102) WHICH WOULD ATTACH BY LAW. EXCEPTING THEREFROM RIGHT OF WAY GARDINER BEACH ROAD LOOP (COUNTY ROAD NO. 104-0.22), SAID TRACT BEING DESIGNATED ON THE COUNTY ASSESSOR'S PLAT AND DESCRIPTION BOOK AS TAX NO. 24 IN SAID SECTION 34. SITUATE IN THE COUNTY OF JEFFERSON, STATE OF WASHINGTON. EXHIBIT PARCEL A DESCRIPTION AFTER BOUNDARY LINE ADJUSTMENT LASSEN PROPERTIES, LLC THAT PORTION OF THE SOUTH HALF OF SECTION 34, TOWNSHIP 30 NORTH, RANGE 2 WEST, W.M., JEFFERSON COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 34; THENCE SOUTH 89° 30' 16"WEST ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 34, A DISTANCE OF 2,790.06 FEET TO THE CENTER OF SAID SECTION 34; THENCE SOUTH 02° 24' 17" EAST ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 30.02 FEET TO A POINT ON THE SOUTH MARGIN OF GARDINER ROAD AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 89° 30' 16"WEST ALONG SAID SOUTH MARGIN, A DISTANCE OF 695.89 FEET; THENCE CONTINUING ALONG SAID SOUTH MARGIN NORTH 88° 32'44"WEST, A DISTANCE OF 4.48 FEET; THENCE SOUTH 02° 24' 17" EAST, A DISTANCE OF 46.53 FEET TO A POINT ON THE NORTH MARGIN OF HIGHWAY 101; THENCE SOUTH 76° 21' 51" EAST ALONG SAID NORTH MARGIN, A DISTANCE OF 728.33 FEET TO A POINT ON THE WEST LINE OF SAID SOUTHEAST QUARTER; THENCE NORTH 05° 22' 33" EAST, A DISTANCE OF 225.35 FEET TO A POINT ON THE SOUTH MARGIN OF GARDINER ROAD; THENCE SOUTH 89° 30' 16"WEST ALONG SAID SOUTH MARGIN, A DISTANCE OF 30.53 FEET TO THE TRUE POINT OF BEGINNING. EXHIBIT PARCEL B DESCRIPTION AFTER BOUNDARY LINE ADJUSTMENT UNITED TELEPHONE COMPANY OF THE NORTHWEST THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 30 NORTH, RANGE 2 WEST, W.M., JEFFERSON COUNTY, WASHINGTON DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 34; THENCE SOUTH 89° 30' 16"WEST ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 34, A DISTANCE OF 2,790.06 FEET TO THE CENTER OF SAID SECTION 34; THENCE SOUTH 02° 24' 17" EAST ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 30.02 FEET TO A POINT ON THE SOUTH MARGIN OF GARDINER ROAD; THENCE NORTH 89° 30' 16" EAST ALONG SAID SOUTH MARGIN, A DISTANCE OF 30.53 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH MARGIN NORTH 89° 30' 16" EAST, A DISTANCE OF 19.50 FEET; THENCE SOUTH 02° 24' 17" EAST,A DISTANCE OF 237.00 FEET TO A POINT ON THE NORTH MARGIN OF HIGHWAY 101; THENCE NORTH 76° 21' 51"WEST ALONG SAID NORTH MARGIN, A DISTANCE OF 52.03 FEET TO A POINT ON THE WEST LINE OF SAID SOUTHEAST QUARTER; THENCE NORTH 05° 22' 33" EAST, A DISTANCE OF 225.35 FEET TO THE TRUE POINT OF BEGINNING. EXHIBIT PARCEL C DESCRIPTION AFTER BOUNDARY LINE ADJUSTMENT LASSEN PROPERTIES, LLC THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 30 NORTH, RANGE 2 WEST, W.M., JEFFERSON COUNTY, WASHINGTON DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 34; THENCE SOUTH 89° 30' 16"WEST ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 34, A DISTANCE OF 2,790.06 FEET TO THE CENTER OF SAID SECTION 34; THENCE SOUTH 02° 24' 17" EAST ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER,A DISTANCE OF 30.02 FEET TO A POINT ON THE SOUTH MARGIN OF GARDINER ROAD; THENCE NORTH 89° 30' 16" EAST ALONG SAID SOUTH MARGIN, A DISTANCE OF 50.03 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH MARGIN NORTH 89° 30' 16" EAST, A DISTANCE OF 442.73 FEET; THENCE SOUTH 02° 24' 17" EAST, A DISTANCE OF 349.47 FEET TO A POINT ON THE NORTH MARGIN OF HIGHWAY 101; THENCE NORTH 76° 21' 51"WEST ALONG SAID NORTH MARGIN, A DISTANCE OF 460.41 FEET; THENCE NORTH 02° 24' 17"WEST, A DISTANCE OF 237.00 FEET TO THE TRUE POINT OF BEGINNING. EXCEPT RIGHT OF WAY FOR GARDINER BEACH ROAD, IF ANY. Ca-M-67 r So J aivo4 0) r "; Fr° NI- e Ir / pa7,71[0- JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT UNIFIED DEVELOPMENT CODE TYPE I LAND USE PERMIT APPLICANT: LASSEN PROPERTIES LLC 275953 HIGHWAY 101 SEQUIM WA 98382-8758 DATE ISSUED: November 16,2009 DATE EXPIRES: November 16, 2010 MLA NUMBER:MLA09-00184 PROJECT PLANNER:Michelle Farfan PROJECT DESCRIPTION: BOUNDARY LINE ADJUSTMENT PROJECT LOCATION: Parcel number 002 243 004, 002 343 006, 002 344 007, Section 34, Township 30N, Range 2W, WM, located at 80 Gardiner Beach Road, Sequim 98382 CONDITIONS: 1.) CONSISTENT WITH RCW 84.56.345, CURRENT YEAR AND ALL DELINQUENT PROPERTY TAXES INCLUDING COMPENSATING TAX FROM OPEN SPACE PROGRAM SHALL BE PAID IN FULL PRIOR TO RECORDING THE STATEMENT OF INTENT. 2.) Consistent with JCC Title 18.35.080 (3), the applicant/surveyor is responsible for recording the Statement of Intent with the Jefferson County Auditor and referencing said Statement on the face of the survey. (An Excise Tax Affidavit will need to be completed for the Statement of Intent). The survey mylar and recording fee of$128 (plus $1 for additional names and $5 for additional pages) payable to the Jefferson County Auditor shall be submitted to the Department of Community Development for department signatures and recording of said mylar. 3.) The final record of survey document shall contain the following signature blocks: (1) "Jefferson County Assessor" to be signed by the Jefferson County Assessor or his/her designee; and (2) "Administrator, Jefferson County Department of Community Development"to be signed by the administrator. 4.) SUBMIT THE MYLAR AND FOUR (4) COPIES OF THE SURVEY TO THE DEPARTMENT WITH THE RECORDING FEE (PAYABLE TO THE JEFFERSON COUNTY AUDITOR) FOR DEPARTMENT SIGNATURES AND RECORDING OF THE SURVEY & COPIES. 5.) The following statement shall be placed on the face of the final survey mylar: For legal descriptions of Parcels A and B before and after Boundary Line Adjustment and the Statements of Intent see AFN 6.) Approval of this Boundary Line Adjustment does not guarantee the approval of any future county permits and/or approvals. 7.) The following notice shall be placed on the final survey mylar: JEFFERSON COUNTY NOTICE TO PUBLIC Current Jefferson County Geographic Information System (GIS) maps identify the presence of an Environmentally Sensitive Area (ESA) such as stream, wetland, flood, landslide hazard area, erosion, aquifer recharge area, SIPZ, fish and wildlife habitat, shoreline, etc., lying within and/or adjacent to the revised parcels encompassed by this Boundary Line Adjustment. Prior to any land disturbing activity or construction activity, applicant/owner shall contact the Jefferson County Department of Community Development regarding compliance for such ESA's. Approval of this Boundary Line Adjustment does not guarantee issuance of a building permit within said parcel(s). Such determination is dependent on approvals of water, septic, bulk and dimensional setbacks, and ESA requirements. 8.) The following notice shall be placed on the final survey mylar: JEFFERSON COUNTY NOTICE TO PUBLIC Approval of this Boundary Line Adjustment does not guarantee a buildable site within said parcel(s). Such determination is dependent on approvals of water, septic, bulk and dimensional setbacks, and ESA requirements. Applications for septic and building permits will be reviewed at time of submittal of such application for consistency with current state and county codes and ordinances. 9.) The following notice shall be placed on the final survey mylar: JEFFERSON COUNTY NOTICE TO PUBLIC Approval of this BLA does not provide any assurance that an onsite sewage system can be approved for the resulting lots. No soils were evaluated as part of this application. Onsite sewage disposal systems shall meet design standards and regulatory requirements in effect at the time of application for a sewage disposal permit. Purchaser should contact the Jefferson County Health Department for procedures concerning permit applications. Any removal of or major disturbances of soil within the proposed drainfield areas may create site conditons that are unacceptable for the installation of sewage disposal systems. 10.) The acreage of Parcel C will not match the Assessor's acreage since we will reduce the acreage for Gardiner Beach Road. Even though the road appears to be"un-deeded", it still exists as a county usage road and therefore the approximate acreage of the road is removed from the landowners acreage. The surveyor may wish to revise note 8 to reflect this. FINDINGS: 1.) The Administrator finds that this application complies with applicable provisions of the Unified Development Code, all other applicable ordinances and regulations,and is consistent with the Jefferson County Comprehensive Plan and Land Use map. 2.) The proposal complies with JCC Title 18.35.060.1(d) in that the proposal is to correct an established use across a property line. 3.) Consistent with JCC Title 18.35.060.2(a), the proposal will not create an additional lot, tract, or parcel. 4.) Consistent with JCC Title 18.35.060.2(b), the proposal is not within a binding site plan. 5.) Consistent with JCC Title 18.35.060.2(c), the proposal will not relocate an entire lot, tract, or parcel from one parent parcel into another parent parcel. 6.) Consistent with JCC Title 18.35.060.2(d), the proposal does not cross zoning district boundaries. 7.) Consistent with JCC Title 18.35.060.2 (e), the proposal is not inconsistent with any restrictions or conditions of approval for a recorded short plat or long plat. The proposal will not circumvent the short subdivision or long subdivision procedures. 8.) Consistent with JCC Title 18.35.060.2 (f), the proposal will not separate an Accessory Dwelling Unit from the primary use of the property. 9.) Consistent with JCC Title 18.35.060.6, the proposal does not involve more than two lots, tracts or parcels that have been subject to a boundary line adjustment process within five years. 10.) The application was reviewed by the Jefferson County Department of Community Development staff on July 16, 2009 for the potential presence of Environmentally Sensitive Areas (ESAs) under the provisions of the Unified Development Code (UDC). After an initial Geographic Information Systems mapping review and an investigative site inspection, the following ESAs were confirmed to be present on the subject property: Blue heron. 11.) Jefferson County determined that this proposal is categorically exempt from review under the State Environmental Policy Act(SEPA) pursuant to WAC 197-11-800(2)0). 12.) This approval is for a Boundary Line Adjustment only. Any future permits on this site are subject to review for consistency with applicable codes and ordinances and does not preclude review and conditions which may be placed on future permits. 13.) The parcel has been designated as Neighborhood Commercial (NC) under the Jefferson County Comprehensive Land Use Map effective August 28, 1998. 14.) NOTICE: This permit does not excuse the proponent from complying with other local, state, and federal ordinances, regulations, or statutes applicable to the proposed development, but consistent with RCW 90.58. Development pursuant to this permit shall be undertaken subject to the applicable policies and performance standards of the Jefferson County Shoreline Management Master Program and the Jefferson County Unified Development Code. If during excavation or development of the site an area of potential archaeological significance is uncovered, all activity in the immediate area shall be halted, and the Administrator shall be notified at once. The Federal Endangered Species Act rules to protect threatened Chinook and Summer-run Chum salmon became effective on January 8, 2001. Bull trout have been listed as threatened since early 2000. Under the ESA, any person may bring lawsuit against any individual or agency that"takes" listed species (defined as causing harm, harassing, or damaging habitat for the listed species). In addition, the National Marine Fisheries Service can levy penalties. All areas in Jefferson County are included as "critical habitat"for a listed species. Development of property along any marine shoreline, freshwater shoreline, or floodplains could harm habitat if protective measures are not taken. To minimize the potential to damage habitat, all property owners developinc adjacent to marine shoreline, freshwater shoreline, or floodplains are advised to do the following: -All development activities should avoid unstable slopes, wetlands, and forested areas near surface waters - Remove minimal vegetation for site development, especially large trees -Allow trees that have fallen into surface waters to remain there - Infiltrate stormwater from buildings and driveways onsite through drywells rather than discharging directly into surface waters or roadside ditches Any individual, group, or agency can bring suit for a listed species "taking", even if you are in compliance with Jefferson County development codes. The risk of a lawsuit against you can be reduced by consulting with a professional fisheries habitat biologist, and following the recommendations for site development provided by the biologist. For more information, contact the National Marine Fisheries Service in Seattle, or the U.S. Fish and Wildlife Service. APPEALS: Pursuant to RCW 36.70C,the applicant or any aggrieved party may appeal this final dedsion to Jefferson County Superior Court within twenty-one (21)calendar days of the date of issuance of this land use decision. For more information related to judical appeals see JCC 18.40.340. I � 1l . 41011. UDC Administrator MLA09-00184 3 of 3 AFTER RECORDING MAIL TO: Name: Clark Land Office Address: P. O. Box 2199 City,State: Sequim,WA 98382 Boundary Line Adjustment Grantor(s): 1. United Telephone Company of the Northwest 2. Lassen Properties,LLC 3. Grantee(s): 1. Lassen Properties,LLC 2. United Telephone Company of the Northwest 3. Legal Description: Parcels involved in the adjustment are currently legally described as follows(include Assessor's Property Tax Parcel Account Numbers): Parcel A: Assessor's Parcel No. 002 343 004, See Attached Exhibit A Parcel B: Assessor's Parcel No. 002 343 006,See Attached Exhibit A Parcel C: Assessor's Parcel No. 002 344 007, See Attached Exhibit A Parcel D: Boundary line subject to adjustment described as follows(new legal description): See Attached Exhibit B The nature of the adjustment is described as follows: To redefine boundaries to correct encroachment. STATEMENT OF INTENT: This recording is for the purpose of assisting with a boundary line adjustment pursuant to RCW 58.17.040(6). It does not create any additional lots, tracts, parcels, or division as the land described herein shall merge or be integrated into abutting property presently owned by the proponent. Nor does the boundary line adjustment result in any lots, tracts, parcels or division which contain insufficient area and dimension to meet minimum county and sanitation requirements for width and area for a building site. UNITED TELEPHONE COMPANY LASSEN PROPERT , LLC OF THE NORT." EST , ,,,,/ Ai , C\ E44-- ' v 44, By: \ / By: M-7ci eicr� STATE OF SAAiiAs ) COUNTY OFA,-+-d,t!^/,s 15 As ) ss This is to certify that on th•is 0 '-I4 day of h74y ,2009,personally appeared 2?n,.es f.4�eQis ,to me known to be the A.74•e. //Re4c es.415f United Telephone Company of the Northwest,the Oregon Corporation which executed the foregoing instrument,and acknowledged the instrument to be the free and voluntary act and deed of said Corporation,and on oath stated that bier is authorized to execute the said instrument. WITNESS my hand and official seal the day and year first above written. otary ublic in and for the State of //094' 41d Notary Public-State of Kansas Residing at Cs>>¢,ep.vi XS JOSEPH M.HALE } My Appointment Expires//9'7 STATE OF WASHIN(T,TN i ) COUNTY OF c71° ) ss This is to certify that on this day of / '7 ,2009,personally appeared ('i,-- 6' 41/c ,to me known to be the n..c..e it of Lassen Properties,LLC,the Washington Limited Liability Company which executed the foregoing instrument,and acknowle instrument to be the free and voluntary act and deed of said Company,and on oath stated th • authorized to execute the said instrument. 450 fiVind 44 WITNES. %y hand and.off •al the day and year first above written. 0 Z( % 3 Notary,-1" in and for the .to of h-G,/C,5 �L- Residin at i - . • tom= " '���� .�� 41100b/. This boundary line adjustment has been reviewed and approved by the Jefferson ounty Develop, ent Review Division. WI -c-24) iiii (ehgoocie Assockfelanner Date EXHIBIT A PARCEL A DESCRIPTION BEFORE BOUNDARY LINE ADJUSTMENT LASSEN PROPERTIES, LLC THAT PORTION OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 34, TOWNSHIP 30 NORTH, RANGE 2 WEST,W.M., JEFFERSON COUNTY, WASHINGTON, LYING SOUTHERLY OF OLD STATE ROAD NO. 9 (NOW A COUNTY ROAD)AND NORTHERLY OF THE NORTHERLY MARGIN OF STATE ROAD NO. 9; EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTHERLY LINE OF SAID OLD STATE ROAD NO. 9 WITH THE NORTHERLY MARGIN OF STATE ROAD NO. 9; THENCE EASTERLY, ALONG SAID NORTHERLY MARGIN, 220 FEET; THENCE NORTH 48 FEET, MORE OR LESS, TO THE SAID SOUTHERLY LINE OF OLD SATE ROAD NO. 9; THENCE WESTERLY, ALONG SAID SOUTHERLY LINE TO THE POINT OF BEGINNING; AND EXCEPT THAT PORTION THEREOF CONVEYED TO MAURICE R. HULL ET UX BY DEED DATED NOVEMBER 12, 1963 AND RECORDED UNDER AUDITOR'S FILE NO. 177769, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS 2,715.4 FEET EAST OF THE WEST 1/4 CORNER OF SAID EAST- WEST CENTERLINE OF SAID SECTION; THENCE SOUTH ALONG THE NORTH-SOUTH CENTERLINE 2° 15' EAST, A DISTANCE OF 251.6 FEET TO THE INTERSECTION OF THIS LINE AND THE NORTH LINE OF THE RIGHT-OF-WAY OF UNITED STATES HIGHWAY 101; THENCE NORTHWESTERLY ALONG THE RIGHT-OF-WAY OF SAID HIGHWAY, A DISTANCE OF 50 FEET; THENCE NORTH 11° 24' EAST, A DISTANCE OF 247.15 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. SITUATE IN THE COUNTY OF JEFFERSON, STATE OF WASHINGTON. EXHIBIT A PARCEL B DESCRIPTION BEFORE BOUNDARY LINE ADJUSTMENT UNITED TELEPHONE COMPANY OF THE NORTHWEST THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 30 NORTH, RANGE 2 WEST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 2,715.4 FEET EAST OF THE WEST QUARTER CORNER OF SAID SECTION 34 ON THE EAST-WEST CENTERLINE, SAID POINT ALSO BEING ON THE NORTH-SOUTH CENTERLINE; THENCE SOUTH 2° 15' EAST ALONG SAID NORTH-SOUTH CENTERLINE 251.6 FEET TO THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF U. S. HIGHWAY 101; THENCE NORTHWESTERLY ALONG SAID RIGHT-OF-WAY 50 FEET; THENCE NORTH 11° 24' EAST 247.15 FEET MORE OR LESS TO THE TRUE POINT OF BEGINNING. EXHIBIT A PARCEL C DESCRIPTION BEFORE BOUNDARY LINE ADJUSTMENT LASSEN PROPERTIES, LLC THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 30 NORTH, RANGE 2 WEST, W.M., JEFFERSON COUNTY,WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 34; THENCE WESTERLY ALONG THE CENTERLINE AND FOLLOWING THE OLD STATE HIGHWAY (COUNTY ROAD NO. 102)A DISTANCE OF 2,640 FEET TO THE TRUE POINT OF BEGINNING, WHICH POINT SHOULD BE THE INTERSECTION OF THE NORTH AND SOUTH CENTERLINE OF SECTION 34 AND THE OLD HIGHWAY (COUNTY ROAD NO. 102); THENCE SOUTH ALONG SAID CENTERLINE 300 FEET TO THE NORTHERLY BOUNDARY OF THE NEW STATE HIGHWAY (U. S. HIGHWAY NO. 101); THENCE EASTERLY ALONG SAID HIGHWAY 355 FEET, MORE OR LESS TO A POINT; THENCE NORTHERLY 325 FEET TO THE OLD STATE HIGHWAY(COUNTY ROAD NO. 102); THENCE WESTERLY 345 FEET TO THE PLACE OF BEGINNING; TOGETHER WITH THAT PORTION OF VACATED OLD STATE HIGHWAY(COUNTY ROAD NO. 102) WHICH WOULD ATTACH BY LAW. EXCEPTING THEREFROM RIGHT OF WAY GARDINER BEACH ROAD LOOP (COUNTY ROAD NO. 104-0.22), SAID TRACT BEING DESIGNATED ON THE COUNTY ASSESSOR'S PLAT AND DESCRIPTION BOOK AS TAX NO. 24 IN SAID SECTION 34. SITUATE IN THE COUNTY OF JEFFERSON, STATE OF WASHINGTON. EXHIBIT B PARCEL A DESCRIPTION AFTER BOUNDARY LINE ADJUSTMENT LASSEN PROPERTIES, LLC THAT PORTION OF THE SOUTH HALF OF SECTION 34, TOWNSHIP 30 NORTH, RANGE 2 WEST, W.M., JEFFERSON COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 34; THENCE SOUTH 89° 30' 16"WEST ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 34, A DISTANCE OF 2,790.06 FEET TO THE CENTER OF SAID SECTION 34; THENCE SOUTH 02° 24' 17" EAST ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER,A DISTANCE OF 30.02 FEET TO A POINT ON THE SOUTH MARGIN OF GARDINER ROAD AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 89° 30' 16"WEST ALONG SAID SOUTH MARGIN, A DISTANCE OF 695.89 FEET; THENCE CONTINUING ALONG SAID SOUTH MARGIN NORTH 88° 32'44"WEST, A DISTANCE OF 4.48 FEET; THENCE SOUTH 02° 24' 17" EAST,A DISTANCE OF 46.53 FEET TO A POINT ON THE NORTH MARGIN OF HIGHWAY 101; THENCE SOUTH 76° 21' 51" EAST ALONG SAID NORTH MARGIN, A DISTANCE OF 728.33 FEET TO A POINT ON THE WEST LINE OF SAID SOUTHEAST QUARTER; THENCE NORTH 05° 22' 33" EAST, A DISTANCE OF 225.35 FEET TO A POINT ON THE SOUTH MARGIN OF GARDINER ROAD; THENCE SOUTH 89° 30' 16"WEST ALONG SAID SOUTH MARGIN, A DISTANCE OF 30.53 FEET TO THE TRUE POINT OF BEGINNING. EXHIBIT B PARCEL B DESCRIPTION AFTER BOUNDARY LINE ADJUSTMENT UNITED TELEPHONE COMPANY OF THE NORTHWEST THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 30 NORTH, RANGE 2 WEST, W.M., JEFFERSON COUNTY, WASHINGTON DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 34; THENCE SOUTH 89° 30' 16"WEST ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 34, A DISTANCE OF 2,790.06 FEET TO THE CENTER OF SAID SECTION 34; THENCE SOUTH 02° 24' 17" EAST ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 30.02 FEET TO A POINT ON THE SOUTH MARGIN OF GARDINER ROAD; THENCE NORTH 89° 30' 16" EAST ALONG SAID SOUTH MARGIN, A DISTANCE OF 30.53 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH MARGIN NORTH 89° 30' 16" EAST, A DISTANCE OF 19.50 FEET; THENCE SOUTH 02° 24' 17" EAST, A DISTANCE OF 237.00 FEET TO A POINT ON THE NORTH MARGIN OF HIGHWAY 101; THENCE NORTH 76° 21' 51"WEST ALONG SAID NORTH MARGIN, A DISTANCE OF 52.03 FEET TO A POINT ON THE WEST LINE OF SAID SOUTHEAST QUARTER; THENCE NORTH 05° 22' 33" EAST, A DISTANCE OF 225.35 FEET TO THE TRUE POINT OF BEGINNING. EXHIBIT B PARCEL C DESCRIPTION AFTER BOUNDARY LINE ADJUSTMENT LASSEN PROPERTIES, LLC THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 30 NORTH, RANGE 2 WEST,W.M., JEFFERSON COUNTY,WASHINGTON DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 34; THENCE SOUTH 89° 30' 16"WEST ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 34, A DISTANCE OF 2,790.06 FEET TO THE CENTER OF SAID SECTION 34; THENCE SOUTH 02° 24' 17" EAST ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER,A DISTANCE OF 30.02 FEET TO A POINT ON THE SOUTH MARGIN OF GARDINER ROAD; THENCE NORTH 89° 30' 16" EAST ALONG SAID SOUTH MARGIN, A DISTANCE OF 50.03 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH MARGIN NORTH 89° 30' 16" EAST, A DISTANCE OF 442.73 FEET; THENCE SOUTH 02° 24' 17" EAST, A DISTANCE OF 349.47 FEET TO A POINT ON THE NORTH MARGIN OF HIGHWAY 101; THENCE NORTH 76° 21' 51"WEST ALONG SAID NORTH MARGIN, A DISTANCE OF 460.41 FEET; THENCE NORTH 02° 24' 17"WEST, A DISTANCE OF 237.00 FEET TO THE TRUE POINT OF BEGINNING. EXCEPT RIGHT OF WAY FOR GARDINER BEACH ROAD, IF ANY. r r Form WA-5(6/76) Commitment Face Page 1100129U0676WA ri-t [ YT A -7-F,, �-� f�\/ COMMITMENT FOR TITLE INSURANCE ISSUED BY OEffER W C]U TY OCD First American Title Insurance Company FIRST AMERICAN TITLE INSURANCE COMPANY, herein called the Company, for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured name in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provision of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent indorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obli- gations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By-Laws.This Commitment is effective as of the date shown in Schedule A as "Effective Date." S, A M E R, Jefferson Title Company :`� "y 2205 Washington Street P.O. Box 256 ��� �!� Port Townsend, WA 98368 Phone: (360) 385-2000 Fax: (360) 385-6967 A Policy-Issuing Agent of First American Title Insurance Company �\‘,,. FirstAmerican Title Insurance Company rc\1LE IN,c• ,4 ' ' �oik P 0 q -, 4 BY -'7 Or. I - ,P/ PRESIDENT SEPTEMBER 24, d • • a 968 • f ATTEST /27,c-tit".... SECRETARY \CI 4I/F0RN r ,"‘ .— BY COUNTERSIGNED c r • t ... .. .,,•••*...........77_...,.._____ _�� _ JEFFERSON TITLE COMPANY Jefferson Title Company 2205 Washington Street PO Box 256 Port Townsend,WA 98368 Phone: (360)385-2000 Fax: (360)385-6967 SUPPLEMENTAL #1 TO THE SUBDIVISION CERTIFICATE Attention: This Supplemental contains changes which impact Title to Property set forth in the above referenced commitment. Prepared For: Clark Land Office Patty Haas P.O. Box 2199 Sequim, WA 98382 Commitment No.: 74081 Owner : Lassen Properties. LLC and United Telephone Company Schedule "A" ® The effective date of the Subdivision Certificate is May 19, 2009 ® Except as the matters reported hereinabove, the title to the property covered by this order has NOT been reexamined. Dated as of June 2, 2009 at 8:00 A.M. Jef ,/f Title Compa ' B ��� IAili Ji1.4. i - n_1 Eissinger, Ti Officer f CC: Harris Mericle & Wakayama. Malcolm Harris f f Form No. 14 Certificate No.:74081 Subdivision Certificate JEFFERSON TITLE COMPANY PO Box 256 •2205 Washington Street,Port Townsend,WA 98368 Phone: (360)385-2000 Fax: (360)385-6967 Subdivision Certificate Prepared For: Order No.: 74081 Clark Land Office Charge: $ 300.00 Patty Haas Tax: $ 25.20 P.O. Box 2199 Total: $ 325.20 Sequim, WA 98382 In the matter of the Subdivision to be submitted for approval, this Company has examined the records of Jefferson County. This certificate is made for the purpose herein specified, and is not to be used as a basis for closing any transaction. Liability is limited to the charge made for this certificate. From such examination, the Company hereby certifies the title to the following described land. in said Jefferson County, to wit: PARCEL A: That portion of the Northwest 1/4 of the Southeast 1/4 of Section 34, Township 30 North, Range 2 West, W.M., Jefferson County. Washington,described as follows: Beginning at the Southeast corner of the Northeast '/4 of said Section 34; Thence Westerly along the centerline of said Section a distance of 2,640.00 feet to the Northwest corner of the Northwest 1/4 of the Southeast '/4; Thence South 30 feet to the true Point of Beginning; Thence South along the centerline of said Section, 300.00 feet more or less to the Northerly boundary of the new State Highway(U.S. Highway 101), as conveyed to the State of Washington by deed recorded December 24, 1946 under Auditor's File No. 109033;. Thence Easterly along said highway, 355 feet more or less to the West line of that certain tract conveyed by deed recorded under Jefferson County Auditor's File No. 177728: Thence Northerly along the West line of said tract. 325 feet more or less to the South line of the old State Highway (County Road No. 102); Thence Westerly along the South line of said road 345 feet to the true Point of Beginning; Together with that portion of vacated County Road No. 102 which would attach by operation of law; Excepting therefrom right-of-way of Gardiner Beach Road Loop(County Road No. 104-0.22). Situate in the County of Jefferson. State of Washington. t Subdivision Certificate Guarantee No.: 74081 Page No.:2 PARCEL B: That portion of the Northeast 1/4 of the Southwest '/4 of Section 34, Township 30 North, Range 2 West, W.M., Jefferson County, Washington, described as follows: Beginning at a point 2,7I5.4 feet East of the West 1/4 corner of said Section 34 on the East-West centerline, said point also being on the North-South centerline; Thence South 2° 15' East, along said North-South centerline,251.6 feet to the intersection of the North right-of-way line of U.S. Highway 101; Thence Northwesterly along said right-of-way 50 feet; Thence North 11° 24' East. 247.15 feet more or less to the true Point of Beginning. Situate in the County of Jefferson, State of Washington. PARCEL C: That portion of the Northeast 1/4 of the Southwest '/4 of Section 34, Township 30 North. Range 2 West. W.M., Jefferson County, Washington lying Southerly of Old State Road No. 9 (now a county road) and Northerly of the Northerly margin of State Road No. 9: Except that portion thereof described as follows: Beginning at the point of intersection of the Southerly line of said Old State Road No. 9 with the Northerly margin of Old State Road No. 9: Thence Easterly, along said Northerly margin, 220 feet; Thence North 48 feet, more of less,to the said Southerly line of Old State Road No. 9; Thence Westerly. along said Southerly line to the point of beginning; And Except that portion thereof conveyed to Maurice R. Hull et ux by deed dated November 12. 1963 and recorded under Auditor's File No. 177769. described as follows: Beginning at the point which is 2,715.4 feet East of the West 1/4 corner of said East-West centerline of Section; Thence South along the North-South centerline 2°15' East, a distance of 251.6 feet to the intersection of this line and the North line of the right-of-way of United States Highway 101; Thence Northwesterly along the right-of-way of said Highway, a distance of 50 feet; Thence North 11° 24' East,a distance of 247.15 feet, more of less,to the Point of Beginning. Situate in the County of Jefferson. State of Washington. LPB r + t < Subdivision Certificate Guarantee No.:74081 Page No.:3 Is Vested in: Lassen Properties. LLC, a Washington limited liability company. as to Parcel A and C; and United Telephone Company of the Northwest, an Oregon Corporation, as to Parcel B Special Exceptions: 1. General Taxes. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Year: 2009 Amount Billed: $ 3,424.20 Amount Paid: $ L712.10 Amount Due: $ 1.712.10, plus interest and penalty. if delinquent Tax Account No.: 002 343 004 Assessed value: $463,425.00 Affects: Parcel A General Taxes. The first half becomes delinquent after April 30`x'. The second half becomes delinquent after October 31st. Year: 2009 Amount Billed: $ 54.66 Amount Paid: $ 27.33 Amount Due: $27.33, plus interest and penalty. if delinquent Tax Account No.: 002 343 006 Assessed value: $ 5,000.00 Affects: Parcel B General Taxes. The first half becomes delinquent after April 30`x'. The second half becomes delinquent after October 315`. Year: 2009 Amount Billed: $ 1,400.04 Amount Paid: $ 700.02 Amount Due: $ 700.02, plus interest and penalty. if delinquent Tax Account No.: 002 344 007 Assessed value: $ 188,040.00 Affects: Parcel C 2. Easement, including terms and provisions contained therein: Recorded: November 29, 1910 Recording No.: 31714 In favor of: Pacific Telephone and Telegraph Company For: Right to erect and maintain poles,with necessary wires and fixtures thereon Affects: Portion of Parcel C The legal description in said easement is not sufficient to determine its exact location within said premises. LPB Subdivision Certificate Guarantee No.: 74081 Page No.:4 3. Agreement and the terms and conditions thereof: Between: East Peninsula Telephone Company And: Community Utilities, Inc Recorded: February 3, 1961 Recording No.: 167545 Regarding: Water and sewer lines Affects: Parcel B 4. Right-of-way for Gardiner Beach Road, if any, and any easement rights of adjoining properties or the public to that portion of the land included within such road, as disclosed by Auditor's File No. 382242. Affects Parcel A and C 5. Questions or claims relating to the exact dimensions of said properties as disclosed by note of Jefferson County Assessors map as follows: Boundaries do not match legal description boundaries due to excess footage, affects Parcel A and Parcel C. 6. Conditions, notes, easements, provisions contained and/or delineated on the face of the survey recorded under Jefferson County Recording No. 517565. 7. Unrecorded leaseholds, if any, rights of vendors and security agreement on personal property and rights of tenants and secured parties to remove trade fixtures at the expiration of the terms. 8. Mortgage and the Terms and Conditions thereof: Mortgagor: United Telephone Company of the Northwest Mortgagee: Peoples National Bank of Washington Amount: 10,000.000.00 Dated: January 1, 1946 Affects: Parcel B Said mortgage in evidenced by fifteenth supplement indenture recorded on October 4, 1974 under Auditor's File No. 225269. 9. Deed of Trust and the terms and conditions thereof: Grantor: Lassen Properties, LLC, a Washington limited liability company Trustee: First American Title Company Beneficiary: Frontier Bank Amount: $532,000.00 Dated: August 25, 2008 Recorded: September 3. 2008 Recording No.: 536913 Affects: Parcel A and C 10. Assignments of Leases and/or Rents and the Terms and Conditions thereof. Assignor: Lassen Properties, LLC, A Washington Limited Liability Company Assignee: Frontier Bank Dated: August 25, 2008 Recorded: September 3, 2008 Recording no.: 536914 Affects: Parcel A and Parcel C t 1 A • t t Subdivision Certificate Guarantee No.: 74081 Page No.: 5 Your title officer for this t : _.action is Brenna Eissinger. If you have any questions concerning this title commitment, plea- so of hesitate to cell me at (36T 385-2000 or e-mail brenna@jeffersontitlecompany.com Tivir na Eissinger,TI • I fficer 1110r 1 4864301of3 Pap: 07/01/2004 11:668 Jefferson County, WA JEFFERSON TITLE CO 1 CCD 21.00 AFTER RECORDING MAIL TO! Name LASSEN PROPERTIES LLC Address 275953 HIGHWAY 101 Jefferson County Excise T City,. GARD1NERJ WA 98382 Aff # 10 0 6 7 8 Date {1I I 0 Tax $ Sale, Amt $ Filed far Record ator By S \-\-"*ACI)v-ip.6 Deputy Treasurer • QUITCLAIM DEED Tar GRANTOIR Keith J. Lassen and Elizabeth B. Lassen, tbraDdinconikeiLini his wife on June 24 , 2002 Transfer to Limited Liability Company c°4")15 gild quit`aims°Lassen Properties, LLC a Washington* nccdtxrnbad real este%Sinned is the County of Jefferson,state of Washington,together with ail after acquired title of the Erantor(s)tltffdn See attached *Limited Liability Company abbreviated legal: portion of 34--30-2West • Assessor's Property Tax PscceV ccouat Number: 022 3 43004 • Dated�Iu e 2 .� 2004 At .=-• &al STATE OF fLDP-IDA COUNTY OF /Ilh0AT [: 1111 P 11111 486430 07101!2004 11:66A Jefferson County WA JEFFERSON TITLE CO I OCD 21.00 • INDIVIDUAL ACKNOWLEDGMENT STATE OF WASHINGTON, (� U. County of CS) -ka"\ I certify that I know or have satisfactory evidence that K 0_; '1 Is the person who appeared before me,and said person acknowledged that O(N.C) signed this instru- ment and acknowledged it to be , free and voluntary act for the uses and purposes mentioned in the instrument. (� Dated this .�,m-10 day of '3 -}004, DOUGLAS&NOLST sz 0i wlAalnrGr s NOTARY—•--PUBLIC Mf O irmissise hike M 5.24.20N Print Name Notary Public in and for the State of ` My appointment expires: tV� 1 �� �00 • mu.WW..s wit '. IAATIDUAL M1p1NR3TicEk.LUe?RW11 WaOm 0RMQIPART IN ANY FORM WHATSOEVER_ t r • III IN I 1111 486430 111111 MI b Pap.: 8 of a 07!01/2084 11:6bR Jefferson County, WA JEFFERSON TITLE CO I OCD 21.00 PARCEL A That portion of the Northeast 1/4 of the Southwest 1/4 of Section 34, Township 30 North, Range 2 West, W.M. , Jefferson County, Washington, lying Southerly of Old State Road No. 9 (now a county ,, road) and Northerly of the Northerly margin of State Road No. 9; EXCEPT that portion thereof described as follows: Beginning at the point of intersection of the Southerly line of said Old State Road No. 9 with the Northerly margin of State Road No. 9; THENCE Easterly, along said Northerly margin, 220 feet; THENCE North 48 feet, more or less, to the said Southerly line of Old State Road No. ' 9; THENCE Westerly, along said Southerly line to the point of beginning; AND EXCEPT that portion thereof conveyed to Maurice R. Hull et ux by deed dated November 12, 1963 and recorded under Auditor's File No. 177769, described as follows: Beginning at a point which is 2, 715.4 feet East of the West 1/4 corner of said East-West center line of said Section; THENCE South along the North-South center line 2° 15' East, a distance of 251.6 feet to the intersection of this line and the North line of the right-of-way of United States Highway 101; THENCE Northwesterly along the right-of-way of said highway, a distance of 50 feet; THENCE North 11° 24' East, a distance of 247. 15 feet, more or less, to the Point of Beginning. Situate in the County of Jefferson, State of Washington. • .*1. 457194 Jsf isnon County. WA JE 11111 ease: 1 of 2 JEFFERSON TITLE coI 20 20tt.2OR WHEN RECORDED RETURN TO: KEITH J.LASSEN 1112 64TH STREET NW BRADENTON,FL 34209 Jefferson County.Excise Aff# '$ ' ' +: °:: Datta: , • �. 6 alis°Ar>} t$ y Deputy Treasurer Recorded at the request of JEFFERSON TITLE COMPANY . 59709 :STATUTORY WARRANTY DEED Assessors Tax Parce,k'ID$Q1lz',a43 004 THE GRAN:TO ., , GREYWOLE.`"OUTDOORS, INC., A WASHINGTON CORPORATION :::: for and in consujeratigri:of T A TEN DOLLARS D O HER VALUABLE CONSIDERATION in hand paid ::conyey and warrant to ': M,TII J. LASSEN, A MARRIED MAN AS HIS SEPARATE ESTATE the following described real estate,situated in the County of Jefferson,State of Washington: THAT PORTION OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 34, TOWNSHIP 30 NORTH,RANGE 2 WEST,W.M.AS FULLY DESCRIBED ON PAGE 2. SUBJECT TO: EASEMENT AND THE TERMS AND CONDITIONS THEREOF AS RECORDED ON RECORDING NO.31714; DATED:JUNE 20,2002 GREYWOLF OUTDOORS,INC. ;�.�: ' .a.., u• /� Y by: �Ylc,2ri,c.�kb��-1.)A,A•cclEvL{'• �r'• C/8L1G., MELANIE PERRY,PRESIDENT . STATE O8 �R I>iGTOZi .�, � �tR�o ' . � COUNTY or On this c;t'j day of June, 2002,befora me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared MELANIE PERRY to me known to be the President of GREYWOLF OUTDOORS, INC., the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that she was authorized to execute the said instrument and that the seal affixed (if any) is the corporate seal of said corporation. indl dual described in and who executed the within and foregoing instrument and acknowledged that ha/ h they signed the same as hisj 7their free and voluntary act and deed, for e uses and purposes therein mentioned. GIVEN r'mY n seal the day and year last above written. Notary Publ in . for the State o Washington, Residing at 11 My commission expires —) r ' /11 11 57 06/2413010712SA Jefferson County, WA JEFFERSON TITLE CO i SWD 20.00 PAGE 2 ATTACHED TO STATUTORY WARRANTY•€:DEEB. ~: ' GREYWOLF OUTDOORS, • • 59709 That po-Alph.::..gf, the NortJiea ;t :1/4 of the Southwest 1/4 of Secti.,0 Towiiship 30 RTQr.th-,:_Range 2 West , W.M. , Jefferson County t asi ington, lying:: SOut.herly of Old State Road No. 9 (nocoinnty road) and N tt e.rly of the Northerly margin of S :ate `Road. No. 9; B:X EPT that portion€:thereof described as follows : Beginning at the point sf'intersection of the Southerly line of said Old State Road No. 9 with the Northerly margin of State Road No. 9; THENCE Easterly, along said Northerly margin, 220 feet; THENCE North 48 feet, more or less, to the said Southerly line of Old State Road No. 9; THENCE Westerly, along said Southerly line to the point of beginning; AND EXCEPT that portion thereof conveyed to Maurice R. Hull et ux by deed dated November 12, 1963 and recorded under Auditor's File No. 177769, described as follows: Beginning at a point which is 2, 715 .4 feet East of the West 1/4 corner of said East-West center line of said Section; THENCE South along the North-South center line 2° 15' East, a distance of 251.6 feet to the intersection of this line and the North line of the right-of-way of United States Highway 101; THENCE Northwesterly along the right-of-way of said highway, a distance of 50 feet; THENCE North 11° 24' East, a distance of 247 . 15 feet, more or less, to the Point of Beginning. . Situate in the County of Jefferson, State of Washington. COUNTY EXC,SE TAX Mf. 40 Q47.c, Daw Pad �'� 466-1‘..z.'-4443 BY • -- 1 STATUTORY WARRANTY DEED TREASUR R '1:01' 1Yri Alati y„.ri ,. The Grantor, EAST PENINSULA TELEPHONE COMPANY, a , , Washington corporation, for valuable consideration to it S- �:'' - '- rendered, conveys and warrants to UNITED TELEPHONE COMPANY 1utaursannr IFII_JMMARL OF THE NORTHWEST, an Oregon corporation, the following des- +,, �a ,.,71 - cribed real estate, situated in the County of Jefferson, ' , State of Washington: '"*"""7 Parcel I: That portion of the Northeast quarter of the 1.1C10 rr".. Southwest quarter of Section 34, Township 30 North, _ - Range 2 West, W.M. described as follows: CSIVEYAN 1_,... Beginning at a point 2715.4 feet East of the West i'4 ,,,, iv,.b= quarter corner of said Section 34 on the East-West center line, said point also being on the North-South —, ' center line; thence South 2°15' East along said North- South center line 251.6 feet to the intersection of ,:', 0- f the North right-of-way line of U. S. Highway 101; thence ..,,.xLANSN,,n Northwesterly along said right of way 50 feet; thence 'fbVi North 11°24' East 247.15 feet more or less to the true point of beginning. r� ',, ,,.,j: Parcel II: The East half of Lot 6, Block 2 CARROLL'S HOOD CANAL VIEW ESTATES NO. 1, according to the plat re- corded in Volume 4 of Plats, page 13. ,' - .` , Parcel III: That portion of Government Lot 1 in Section 3, . ""`'u;s;L, Township 28 North, Range 1 West of the Willamette ., ^; Meridian, described as follows, to-wit: Beginning at •the Northwest corner of said Government Lot 1; thence . ;tip i South along the West line thereof, a distance of 315.4 ;,r,,,,,r -, feet to the True Point of Beginning of this description; (said point being the Southwest corner of Tax No. 7 in tlirsaid Section 3, as said Tax No. 7 is described in Volume ,s. r90 of Deeds on page 485); thence North 89°32' East along �' ' the South line of said Tax No. 7 a distance of 100 feet; a oursofron thence South 50 feet; thence South 89°32' West 100 feet •7: ,,0,9 to the West line of said Government Lot 1; thence North -�Aa o� K: along said West line 50 feet to the True Point of Be- csmtvAmFs ginning; Excepting therefrom any portion of the right U - „.. of way of existing county road. it 1± -= Parcel IV: Lots 1 to 5 inclusive, in Block 1 of Worthington's ��, � Addition to Quilcene, as per plat recorded in Volume 2 . ` e of Plats, on page 107, records of Jefferson County; 01.611.41601435v EXCEPT that portion of said lots 1, 2 and 3 lying South- ` . ._ easterly of a line drawn parallel to and 30 feet distant Northwesterly, when measured at right angles, from the caK 'SAX OW center line survey of State Road No. 9, as the same is L ''`Me surveyed over and across said Block 1, as conveyed to Me . the State of Washington by deed dated May 27, 1936 and recorded in Volume 107 of Deeds, on page 3, records of , ,,�l�i , Jefferson County, and except the South 60 feet of Lots 4 3p.r7s=.1_ .r- and 5. ' auewrsirvs�� . i;PIPET CENTS. . I vci. 53 .;,..?34 • /4,0o. . August 7. 19741 Iv • ti's I : . - - . Parcel V: All of Block 8 of Harvey W. Campbell's Addition to Quilcene, as per plat recorded in Volume 2 of Plats, page 107; records of Jefferson County, EXCEPT that portion lying South of an East-West line 110 feet 1..0°.--- Worth of the South boundary of said Block 8, and also EXCEPT that portion lying West of a North-South line 65 feet East of the West boundary of said Block 8; Parcel VI: All of Tax No. 40 in Section 24, TosOnship 27 North, Range 2 West of the Willamette Meridian; said Tax No. 40 being that part of the former Port Townsend Southern Railroad right of way, lying between Blocks 3 and 8 of said Harvey W. Campbell's Addition to Quilcene; EXCEPTING that portion of Parcels V and VI above described as follows: Beginning at the Northwest corner of said Block 8; thence easterly along the North line of Block 8 a distance of 65.0 feet to the true point of beginning of this descrip- tion; thence South for a distance of 122.5 feet; thence East a distance of 71.14 feet; thence turning a deflec- tion angle of 103°52' to the. left, a distance of 24.79 feet; thence turning a deflection angle of 90° to the right, a distance of 100 feet to the east edge of said Tax Lot 40; thence turning a deflection angle of 90° to ! the left along the East edge of said Tax Lot 40, a dis- tance of 76.7 feet; thence turning a deflection angle of 76°08' to the left, a distance of 139.5 feet to the true t point of beginning. PROVIDED, HOWEVER, Parcel II above designated is subject to: a) Rights of the public to make necessary slopes for cuts and fills upon said premises contained in the dedica- tion of the plat. b) Right of the public to drain streets over and across the said premises where water might take a natural course after the streets are graded, contained in the dedication of the plat. c) Building restrictions contained in the dedication of the plat. Dated this 31st day of December , 1973 1 `P-,ai!� EAST PENINSULA TELEPHONE COMPANY By: f l t.. • �'-t-c- ^ Vice President dill) / BY: C i.. . ice_.._, Secretary _ }} # Page 2. DEED I vc. 53 .,, •?35 August 7,J 19741 • • — • t c • STATE OF ORECjON ) ) ss. County of Hood River ) On this 31st day of December , 1973 , personally appeared C. L. ZARNOWIEC and JOHN HOFFELNER, who, being sworn, each for himself and not one for the other, stated that •the former is the Vice President and that the latter is the Secretary of grantor corporation and that the seal affixed hereto is its seal and that this deed was voluntarily signed and sealed in behalf of the corporation by authority of its board of directors. Before me: !t'• ; Notary Public for Oregon My commission expires: 9- -Jo-26 • rs • '3 OF• • • EE4!K VOILt4E- - ni 9FFIC;AI l3,3 �°"� '14 MI JL!� 1 • pRi1F 1_� Er,11,arf_iN1ilEU_ } • • • • • ' VGi 53 • Page 3. DEED it;In et 7 107A V - • 111- (III 111111�)IIII�11�( )UI �IE�f 011/29/2094 0 86293seP Jtfftrson County, WA JEFFERSON TITLE COI SW 20.80 (Tr OLYMPIC PENINSULA TITLE COMPANY P.O. BOX 1479 SQUIM, WA 98382 Jefferson County Excise Tax Aft# 10 n 6 4 0 Date kP(22104 Tax$ai1A$3.1D Saleb Amt$13i,560 By S- -kk500K Deputy Treasurer File Number 02078911 (� LPB-70 STATUTORY WARRANTY DEED Legal Description(Brief): add'I on page PTN NW SE 34-30-2 JEFFERSON COUNTY, WA Tax Parcel#: 002 344 007 THE GRANTOR MARC A. COALSON, A SINGLE MAN AND ARCHIE M. YOUNG, A SINGLE MAN for and in consideration of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION in hand paid,conveys and warrants to LASSEN PROPERTIES LLC the following described real estate,situated in the County of JEFFERSON ,State of Washington: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF: SUBJECT TO: EASEMENT INCLUDING TERMS AND PROVISIONS CONTAINED IN DOCUMENTS RECORDED UNDER JEFFERSON COUNTY RECORDING NO. 31714. Dated: June 22, 2004 /� By C_- t/ C'0./l�Ot By MARC (• . COALSON By " A.rimWm: tr By A•yr IE M. YOUNG State of WASHINGTON ) County of CLALLAMJUNE On this on25TH dayeyof , 2004 R�PA befoM .p8S1i.sc)NSND IlErtZd IOuNG to me known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that (ime a/they) signed the same as (bc*z 5bBx/their) free and voluntary act and deed, for the uses and purposes therein mentioned..,, MN,,under my hand and official seal the day and year las '{t$o 'tten. _ & , i2L(I(( YD:j)'_= Notary Public in and for the S of WASHINGTON Residing�?? at:Expires: SO 2/2RT ANGELES NOTE E OF MyAppt. 7 SERENA RODRIGUEZ itIt 111111111011111101Pure: 2 2f 2 00/211/2004 04-35P J.I►srson Canty, NA JEFFERSON TITLE CO I SWO 20.00 File Number 020'38911 EXHIBIT A THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34,TOWNSHIP 30 NORTH,RANGE 2 WEST,W.M.,JEFFERSON COUNTY, WASHINGTON.DESCRIBED AS FOLLOWS: • BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OP SAID SECTION 34:THENCE WESTERLY ALONG THE CENTERLINE AND FOLLOWING THE OLD STATE HIGHWAY(COUNTY ROAD NO. 102)A DISTANCE OF 2,640 FEET TO THE TRUE POINT OF BEGINNING,WHICH POINT SHOULD BE THE INTERSECTION OF THE NORTH AND SOUTH CENTERLINE OF SECTION 34 AND THE OLD HIGHWAY(COUNTY ROAD NO. 102);THENCE SOUTH ALONG SAID CENTERLINE 300 FEET TO THE NORTHERLY BOUNDARY OF THE NEW STATE HIGHWAY(U.S.HIGHWAY NO. 101);THENCE EASTERLY ALONG SAID HIGHWAY 355 FEET,MORE OR LESS TO A POINT;THENCE NORTHERLY 325 FEET TO THE OLD STATE HIGHWAY(COUNTY ROAD NO. 102);THENCE WESTERLY 345 FEET TO THE PLACE OF BEGINNING; TOGETHER WITH THAT PORTION OF VACATED OLD STATE HIGHWAY(COUNTY ROAD NO. 102)WHICH WOULD ATTACH BY LAW. EXCEPTING THEREFROM RIGHT OF WAY GARDINER BEACH ROAD LOOP(COUNTY ROAD NO. 104-0.22),SAID TRACT BEING DESIGNATED ON TEE COUNTY ASSESSOR'S PLAT AND DESCRIPTION BOOK AS TAX NO.24 IN SAID SECTION 34. SITUATE IN THE COUNTY OF JEFFERSON,STATE OF WASHINGTON. (iralie / r .?/ rl/ t.,,JJ_ ri... /-.rl rr/./ G_ f/ i 11 t -/ .,, 4......-4,..1.,,,..4-......,./7 3.1. ,,,--J d (,...1 AJ r ..v/ /.OJ)/4 u4 2/44,1 r 1 �i�r-.✓����� 4..../..,/„:7,,.„,7 .RtJ M/.�!/ 7 L /�. H4 . �/L(i .Ir�C "�'�I /a L. of r • f, 1 t I ,,,....s.../ . .....;,--a 4....41.--4.44./..dr.:1-1.-ti G.,-d G.4../...11........./..c' ......../ 444 dr-a-......../-4-4...c. I iJ „../.,:_, ,,,/,„1./-� -. G Jul' 4.4.L '_.C,.f� c a� i5 e,W,... --://4-.-), ,-,•,/, di.../..,:/..-,,/, .7.„,y„,,),....,-e; i !I I . ..,,J,:, ,,,Z.-..4_f/j .... .13,,1,..-..."., 1j• ; -2 P' '4- ✓ t J. P2Yid j ri • `•. 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"j—i- //J/. / JJ / r^-✓ V,A4 .. /_.z.. -J : I . id. ,--_,...../-.7,4—, ......._///-.--.Lz ........e. .1 .17 4........r...., ...._:_,-,...4.; ,..y.„...,......v.„.....zoivy- , i ( ./ J, taw. r.--/) - �l (.tn w.�s� j o ,._5..., _yi Y r / . f,/., 240"i..-47 G'.,Ft . /� : F ; . t /.:1-1If+ //..e Yjbl- yy l /• ‘,..,7 /e 4 +.. , a....t...c- 04-t.... ✓cP. lae. ea Q I . 12, pciSZ,,t_ti.„._. t i i . . • • . • ,.,..,. •,,.•••:.,,e :..,... ,.,; -4;'''...'';:.** .A-..":-:,..f:.,$•;?!_....,..•."..,4-1•,..-..,1•-•;•••;, • •7:-,..:.:-.. .;.,-,;-.......f..:1,;:".'..1-',;...":''.1!;-:'• . . ') • 10....... 382242 -Lx--_CilDiD111:5.0.0 .1 . CHARTEP Pk CORP. 1 • ROCCOSII 1110. 93-111 • • '''' unS SPAtt XSUniall461"4"1"6"4"6":1441114:4114"1"114T %tot WI P %,... .., . 7I4ED FON RECORD AT MOUT OF . CRUM TITLE poopors • :C:r° 1:::.1.-.):'SRT.'1%.‘,PRDS .-. • . • .• poor . . S31003 . . • . . . • . . . . . . • lam iuscolon=XI. TO altasis 19. TOMS . - • !- . • . . . • , . . ' . 1103 Chisonalnay . • Ortimort•coi, NA 1*B11 .. . ' . N . • . , . • .. . - . • , , • • . . . . . . ..,. • . 7.7 . _,_ • . • ; - • - iss-10 STATUTORY WARRANT! DEED • ' • . . ' TDB CRAXTOX TINCONT JANOS DONNIGAN, A SINOLO XAX . • for and in consideration of the sus of410.00 and other good and ',liable .oessiderstion • • ' MARC A. COALSON, A SINGLE MAN AND in hand paid, conveys and warrants to mous N. TOONO. A 1111,03.1 111W ' i the following described real estate, situated in the County -of Jeffersoa. Stet' sot Washingtons LNG=kesctorPrzoo os DenCRINZD On ATTACKED WIN-I? 'A' AMD NT Till NX7ININXII • . I . NADI * This moomOr. Btlarer NOW,NX Toe - . . . . . ' . . . ____33014____ • . I Basement under Recording No. 31714. JEFFERSON courtly EXCISE TM Att. $o. i • D . • . . • TktodinoThr Mai I 31, HMI Date Pa4 Wskta Am L Al _ a I 1 BY ------1713(F5---- ° 1 • nit.et tiomp . l. ha• , • - . Clarity of Preforms* • . • . . I huvay'certity net I law or tows satisfactery evidenoetnat Illidnee NAM . - • . 3 ousecisisl is the pereents) sem appeared before as, and said poregats) acknowledged that hip signed this instriaent-ad ockrarledged it to heals fro.Ind 4 voluntary ct for•the woes ird purposes santioad in this instrumint. 1 • . . Med: .-‘.3.111, 1 . . - i.,i-er - Al. .....4:-. - 4. . • • . .... .. •iicsat and f..- of useaingtee- ' • • .."' A... ding at ret77-/Ardia 43 Ply aprointsent expires /-4/..rs96 • . tiA4iik$11:ir . • /472;•S' a /y::1116a. iN0t.. ... .1 4:**011 1 . 4'.t'#4.ii,Sft11::: -... '...........- •y - 1../.• • . • .• ,-911 -9 . • ----4.b...,0.– • . • . . v: 521 JUN - 8' 95 • a • • • • • • • • • • • • • • • • • • U . EXHIBIT "A` • • The ;and referred to herein is located in the County of Jefferson, State of Washington, and described as follows: That portion of the Northwest Quarter of the Southeast Quarter of Section 34, Township 30 North, Range 2 West, -W.M., Jefferson• County, Washington, described as follows: . • Beginning at the Southeast corner of the Northeast Quarter of said Section 34; thence Westerly along the centerline and • following the Old State Highway (county Road, No. 102) a distance• of 2,640 feet to the True Point of Beginning, which point should be the intersection of the North and South centerline of - Section 34 and the Old Highway (County Road No. 102); thence • South along said centerline '30O feet to the Northerly boundary • of the new State Highway •(U.S. Highway No. 101); thence Easterly along said Highway 355 feet, sore or 1ebs to a point: thence Northerly. 325 feet to the Old State Highway (County Road No. 102); thence Westerly 345 feet to the place of beginning; • TOGETHER WITH that portion of vacated Old State Highway (County Road No. 102) which would attach by law. • • 1. EXCEPTING THEREFROM right of way of Gardiner Beach Road Loop (County Road No. -104-0.22), said tract being designated on the • County Assessor's Plat-and Description Book as Tax No. 24 in said Section 34. •• • • • • • f a w ' ?9 . 1I'r1Id g°w;' ,M,„ 1111111111, I �'' x ::: 3a� [ '6z"" :;11;;: :Rs �^� � ���"` ec n $n f`'41 gV11 OACC ' F .(` yM t o� % 7 >.acT `` ieavvo0 C3mtQcQ -' �r.�F i� o w n„ ro 4s o�Ao ? aigR^ 's=A ��gm € u s°v . of �� N 5 ;a n ' q`Z 2 f6A °A • IN • ''D on* x� oN2y10 Np: ego 00 A ���'a 8 XE 3o'R a-i cF -Ai G" ;!,t,,,,,,,!;,i gg=/: �C f2 1 "{ M.BfZZ.ZOu m 089,92 -, O W • 2 ' r � " N>' IX PC/ m• j• i , y - {NyM.� �. Si to�a 0 o I I O ali a yr�iZ WR / A c E 3r O g ego g� '� Ate. on :X01 : °' st o� Is• conA Or TR';$ :i,V,§ Th Ng n $- Ag o O P ' r LL i 6P;c,,' 04.0,i / 0 rn $' n J PCP a .Lr.sfs M.LI,IZZO N t wYn _ • -. -� - 3tM1'O3S Yl0 HIMK-NINON I F g a i I g2 C40 Atri b /`i S 69..6' A 2 I I -. I..� H.,n m S 08'St'i3-w ` \ �l 9, 11 4 1st.0.' //�\\,6f-CLZ 3I.Gt 12ZOS 1` ,:, O ,____ o ri , SO(192 N.L 1,12.20 N \ ,/ I O H `i / i.,„ -,,0 -.-I PoWE_R-ONE -- --�- J / m Q It [n•o k r N I'03'03-E 266.10' m $ '201111Q,4: m I aQ,A,,.A O = o rJ \ J i 9� iy m',o \ k 3�g^o��3 _oop / I €��m � I w I Po >o oEz z o • I Y o^:.nam W N a� m !u�- m v Awa' •� ��il g ig IWAF .tom 661 2:110: i 19 ggme mtgo� 2. iv g'"g� I m m I 2 gym= ga "g y$',' / �gglq n° z gT3 ` A_'� 8 Vin° y M g a OO1 "\ =n / A , - 2 � 6tg o Fy q D_. V /7:-- ,--A eiW a D i � ^ .GG og: p ; g gl K.' V 'rewv":0 -00 i mmmm C' �1 • �'g' `° g mz i: Ltd tri Al YArpil±" — iv m om / •> m u o I • ov A3 001 X o gg 22Q -,v1A44 Er - 'O V r, 11.16 01 iPq ••sa o 2 N \an Noua3S 12005-a120,1v N g i k s nIn.0Zr y $ wm m > o Ly K � fl^ as0 * / G ai m?8tsT am� 2 :n (A �Aez o i >i6^ N g'�' z a Rm mg , �F fx 0 n SHEET: 1 OF 2 n . o m L` w N • J Y 1 Ill11N1 I l 1 N115175fi 115 va:�t acn a�: l IS o rs rn p -a m (iLI )cd �A og C Ag r1 ;m ''C O '11 ag 4 b 0 70 i ' f i 6 it y UIO N > t."11m 4 x ` / g to /— l • (g 3.,Ng1035 10 01.,a3N1f105-WtlON Z --- u-4ry / _ i Z _ .Fwi �� atrT+ tt m � o / _ / O � 3 / / /, ----/ / $ z 2 _o ' 47---(/ / 0 oa8 _ p A Eii Yx C y y1i�M X W O O O o T k MI D N • +0 A Ei.:. oZ 31 F F.-, o >D z ;�ANto a i * ; g F§ eiI w fu Dp J p in '" 3Ew 4al fmil C PI F -ii 'd 71 N— Z t 00 z` p SHEET: 2 OF 2 1 , - -., - _ , .' • . 4 . iE DTA DED IR VOLUME 55- ;IF OF FIC:AL.°ECOROS_____41___ ri-,J.E/-a4RE',.•)i,;',I r.F__ t 1,64Ltu 34 &. '14 OCT q PM 12: I 0 225269 V_Pera;a- riLA W UNITED TELEPHONE COMPANY OF THE NORTHWEST TO PEOPLES NATIONAL BANK OF WASHINGTON MID ROBERT G. PERRY TRUSTEES NOINMIME.IIIINIEN=.1• ... fifteentb iSvuppletttental 31nbenture , 1 i . Dated ae of September 1, 1974 , 4• .-. I -I, ,r1 t.: va, 55 riws ill , N, . • 1110 _ - . • • 1 i jig fifteenth Oupplemental linbenture dated as of September I, 1974, by and between UNITED TELEPHONE COMPANY OF THE NORTHWEST, a corporation duly organized and g under and by virtue of the laws of the State of Oregon, having its principal office and place of business in the City and County of Hood River in said state(hereinafter sometimes referred to as the "Company'), and PEOPLES NATIONAL BANK OF WASHINGTON, a national bank- hog arrodation duly organized and existing under and by virtue of the Natiumd Banking Laws of the United States of America, having its prin- cipd office and place of business in the City of Seattle, County of King and State of Washington (hereinafter sometimes referred to as the "Trustee")and ROBERT G. PERRY of said City of Seattle (hereinafter scusethoes referred to as the"Individual Trustee"),as Trustees,the Trustee and the Individual Trustee being sometimes hereinafter referred to collet • &ally as the"'Trustees; RECITALS: The badpoumd of this Fifteenth Supplemental Indenture is: • A. Until November 1, 1965, the corporate name of the Company was Oregon-Washington Telephone Company and such corporate name was domed ep said date to United Telephone Company of the Northwest 1:;The Company heretofore executed and delivered to the Trustee and WE:L.Mine, Jr., who has been succeeded by Robert C. Perry as In- - divided Trustee, its Indenture of Mortgage and Deed of Trust (herein- aNer called the "Original Indenture' and the Original Indenture and all wtppiemental Indentures hereinafter collectively called the "Indenture"), dated as of January 1, 1946 (to which this instrument is supplemental), *hereby the Company granted, bargained,mortgaged and conveyed unto the Misters and to their successors in said trust, all real and personal property then owned or thereafter acquired by the Company (other than property excepted from the lien thereof) to be held by the Trustees • in tryst in accordance with the provisions of the Original Indenture for the equal pro rata benefit and security of all Bonds issued under Osigluel Indenture and indentures supplemental thereto. 'fit .55 ii,ha 02 • - r - s0f1 djy c I � s C. The Company proposes (1) to create and issue, and establish the terms and provisions applicable to, an additional series of Bonds to be designated 10%%First Mortgage Bonds, Series N, due September 1, 1999, (herein called`Series N Bonds"),limited in aggregate principal amount to ;10,000,000 and(2)to mortgage and convey additional properties acquired or constructed by the Company since the date of the Original Indenture. D. All acts and things necessary to make the Series N Bonds, when executed by the Company and authenticated by the Trustee as in the Indenture provided, the valid, binding and legal obligations of the Com- pany, and to constitute these presents a valid indenture and agreement according to its terms,have been done and performed,and the execution of this Fifteenth Supplemental Indenture and the issue of the Series N Bonds have in all respects been duly authorized,and the Company in the exercise of the legal light and power vested in it, executes this Fifteenth Supple- mei Indenture. Now, Toes, Tins Fn-rxerrrn SurrrEMENrwt lana ninm Wrr- rrsserrn: That United Telephone Company of the Northwest, in consideration of the premises and of the acceptance by the Trustees of the trusts hereby created and of the purchase and acceptance of the Series N Bonds by the owners thereof and of the sum of One Dollar lawful money of the United States of America to it duly paid by the Trustee, the receipt whereof is hereby acknowledged,in order to secure the payment both of the principal of and interest on all bonds that may at any time be issued and outstand- ing under the Indenture according to their tenor and effect and the per- formance and observance by the Company of all the covenants expressed and implied in the Indenture and in said bonds, without in any way limiting the grant of after-acquired property contained in the Original Indenture, has given, granted,bargained, sold, released, conveyed, alien- ated,assigned,confirmed,transferred, mortgaged,warranted,pledged and set over and does by these presents, give, grant, bargain, sell, release, convey,alien,assign,confirm,transfer,mortgage, warrant, pledge and set over unto Peoples National Bank of Washington and Robert G. Perry, • Trustees, and to their sudors in the trust hereby and in said Original tea 5 vtminmemlia • _ _ - _ - _ 3 ladenture„as heretofore amended, created, and to them and their assigns foreoren AR and singular the premises, plants, properties, leases and leaseholds, franchises,permits,patents, rights and powers of every kind and descrip- tkm,real and personal of the Company constructed or acquired since the delivery of the Thirteenth Supplemental Indenture or not described in the Original Indenture,or the first fourteen supplemental indentures,other dans personal property of the nature of that excluded by the granting arises of the Original Indenture, including but without limiting the gmerality of the foregoing„ the real property described in Schedule A hinsto,together with all improvements thereon. To HAVZ Arm ro Rom all said franchises and real and personal prop- erty,cortveyed,transferred,assigned, mortgaged or pledged by the Com- pany as aforesaid or intended so to be unto the Trustees and to their suocessont in said trust and to them and their assigns forever; Tnorr,Nsviurtrarass,for the purposes, with the powers and subject to the agreements, covenants and conditions set forth and expressed in threads/nal Indenture as supplemented and modified by the First through this lihmtennils Supplemental Indentures,it being agreed as follows,to wit: ARTICLE ONE Stumm N BONDS • a Section 1.01. There is hereby created a series of bonds entitled "IOU Phst Mortgage Bonds,Series N"due September 1,1999(herein- - after called "Series N Bonds") limited in principal amount to $10,000,000. Series N Bonds shall be fully registered bonds without coupons of the denomination of $1,000 and multiples thereof. The " Series N Bonds shall be dated as provided in Section 2.04 of the Original Indenture. All Series N Bonds shall mature September 1, ,; Mk and shall bear interest at the rate of ten and three-fourths per out (MU) per annum from their respective dates, such inter- est to be payable semiannually on the 1st day of September and this 1*day of March in each year. Both the principal of and inter, 551-.A.t 04- • 'to I 1 - 5 4 est on Series N Bonds shall be payable at the main office of Peoples National Bank of Washington,in Seattle,Washington, or at the main office of its successor as corporate trustee, in lawful money of the United States of America. The text of the Series N Bonds and the • Trustee's certificate with respect thereto shall be substantially of the tenor and purport set forth in Exhibit A hereto. Section 1.02. At the option of the Company and upon notice given as provided in Article Seven of the Original Indenture, the Series N Bonds shall be redeemable, in whole or in part, at any time at the principal amount thereof, plus interest accrued thereon to the date fined for redemption, plus a premium equal to the then applicable percentage of the principal amount thereof. 1l>Wseessi If ssdsensed i 1 2 Meath A�allt pries August 31, Pietee 197' 110.7511 1987-._--____----__.__105.352 1974 110.30 1988-----_______--___104.90 1977 109.85 1980_______________104.45 1901 ' 109.40 - 1990 104.00 1979 108.95 I991-____ __103.55 196(' 106.50 1992_103.10 961 106,05 1993_______^-___102.65 191151. 107.60 1994. 102.20 1983 107.15 1995._ ._101.75 1984 -10970 1998_.__.__________101.30 1985 --106 1997_____________100.85 1961 . 06.80 1998___________________100.40 1999_ 100.00 all as the conditions and In the manner provided in the Indenture; provided,however,that no bond shall be redeemable,in whole or in part, at any time prior to September 1, 1984, directly or indirectly Y a part of,or in anticipation of,any refunding operations involving i the immuring of any indebtedness by the Company at an interest cost I _ + ~ ' I.'+ A— r. . Oct. 4, 197k - _ 3 -.. _ _ _ _. - .. , tr • 5 • of has then ten and three-fourths per cent(10%.%)per annum and pro- vided further that the Series N Bonds shall be subject to redemption in part from time to time through the operation of the sinking fund as provided in Section L03 at the principal amount thereof, without pees, together in any case with interest accrued thereon to the date d redemption. Section LOt3. The Company covenants and agrees that so long as any Series N Bonds are outstanding hereunder, it will, not less than thirty (30) days prior to September 1st of each of the years 1979 through 1999, both inclusive, deposit with the Trustee, as and for a *air% fund for Series N Bonds, the sum in cash of $300,000, together with accrued interest on the Series N Bonds to be redeemed • through the sinking fund. On each such September 1st, the Trustee shall, insofar as it is possible for it so to do, exhaust the moneys in • said sinking fond by applying the same to the redemption of Series N Bartels. The redemption price for Series N Bonds redeemed for the pur- poses of the sinking fund created by this section shall be the principal amount thereof, pins interest accrued thereon to the date fixed for • suck redemption,without any premium. • No bonds of any other series shall be entitled to the benefits of the sinking fund created under this section. ' Section 1.04. Series N Bonds redeemed pursuant to the provisions of Article Twelve of the Original Indenture with money paid to or deposited with the Trustee pursuant to Section 8.11, 8.14 and 1L04 of the Original Indenture as amended shall be redeemed at their ( principal amount plus interest accrued to the date fixed for redemp- tion. Ssotion L0S. In case of redemption of less than all of the Series • N Bonds outstanding, the aggregate of moneys to be applied in re- demption shall be apportioned by the Trustee pro rata as nearly as - prastlrnbb io amounts of $1,000 or any integral multiple thereof 06 • • - • I f ' between each of the registered holders of bonds of such series in the proportion that the aggregate principal amount of registered bonds of such series then held by each such bolder concerned bears to the aggregate principal amount of bonds of such series then outstanding; and the Trustee shall within ten (10) days after such • apportionment, notify the Company in writing of the numbers and principal amounts of bonds designated or selected by the Trustee for redemption, whether in whole or in part. If exact apportion- ment proves impracticable,then any portion of the moneys available for redemption,but not exactly apportionable in multiples of $1,000, shall be retained by the Trustee and applied as a part of the next succeeding apportionment in redemption as herein provided. Section LOB. In the event of redemption or prepayment for sink- ing fund purposes of a portion of the principal amount of any Series N Bond registered in the name of any initial purchaser or its nominee in whose name a bond or bonds of such series were first registered, the Trustee shall make payment to such regis- tered bond holder without surrender to the Trustee of the bond on which partial redemption or prepayment only is being made if there shall be on file with the Trustee (and not theretofore rescinded by written notice from any such registered bond holder to the Trustee) an agreement between the Company and such purchaser to the effect 's that: (1) Payments will be made as aforesaid; (ii) such holder promptly will make notations on such bond, or on a paper attached thereto, of the portions thereof so redeemed or prepaid; (iii) such bolder will not sell, assign, encumber, pledge or hypothecate such bond without first surrendering the same to the Trustee in exchange for a bond or bonds in a principal amount equal to the unpaid balance of the principal amount of the bond surrendered. In case any payment is made as provided in this subparagraph, the Trustee shall make an appropriate notation of such payment on its records, and such payment made by the Trustee shall be valid and effective to satisfy and discharge liability upon such bond to the extent of the sum so paid. PIL _ f :moi ► Q7 :tom • • • Section L07. The Bonds of Series N, upon surrender thereof at the math office of the Trustee, may be exchanged for the same aggrepte unpaid principal balance of fully registered bonds of such series of any authorized denominations. Within a reasonable time after the receipt of a request for such • an exchange,the Company shall issue and the Trustee shall authenti- cate and deliver all bonds required in connection therewith, and the Trustee shall make such exchange upon payment to it of such charge, if any, as is required by the following paragraphs. • Section 1.08. Fully registered bonds of Series N shall be numbered NR-1'and consecutively upwards. Section LOS. Upon the execution of this Fifteenth Supplemental Indenture and from time to time thereafter, the Company may assents and deliver to the Trustee, and the Trustee (the Company havingcomplied with the provisions of the Original Indenture with timet to the issuance of additional bonds) shall authenticate and daises to, or upon the order of, the Company bonds of Series N is the form of fully registered bonds without coupons in the aggre- gate principal amount of Ten Million Dollars ($10,000,000). ARTICLE TWO AnorrsoNAI.Paovrssosss Section 3.@L So long as any Series N Bonds are outstanding the Compaq will not apply any sum to the redemption, retirement or pia of any shares of its capital stock of any class (other than preferred stock purchased to satisfy sinking fund requirements re- lating to such preferred stock) nor to the payment of any dividend at other disbursements on its common stock (exclusive of dividends modals is its conmson stock) if,after giving effect to such dividend, distribution,purchase or other acquisition,the sum of (a) the aggre- gsiie amount of all dividends and distributions paid on shares of capital stook•of any class (other than dividends and distributions 4i w�t� t 08 7i 1 . a made in shares of capital stock)subsequent to December 31,1973,plus (b) the excess,if any, of the amount applied to or set apart for the purchase or other acquisition of any shares of capital stock of any class subsequent to the time when the first of such Series N Bonds shall be authenticated by the Trustee, over such amounts as shall • have been received as the net cash proceeds of sales of shares of capital stock of any class subsequent to the time when the first of such Series N Bonds shall be authenticated by the Trustee would exceed the Company's net income since December 31,1973(treated as one accounting period), plus Two Million Five Hundred Thousand }polars (22,500,000). Section 2.02-The Company covenants that it is lawfully seized and possessed of the property described in the granting clauses of this Fifteenth Supplemental Indenture and that it will warrant and defend the title to said property to the Trustees for the equal pro rata benefit of the holders of all bonds at any time outstanding under the Indenture against the claims and demands of all persons whomsoever. Seo ion 2.03. The property of the Company will at all times be maintained and preserved in good repair and efficiency in accordance with accepted standards and the requirements of the Washington Utilities and Transportation Commission and the Public Utility Com_ missioner of Oregon with respect to properties within the respective states. Upon the w,ltten request for the holder or holders of at least 25 per cent in principal amount of Series N Bonds then outstanding daring each thieB-year prod beginning February 1, 1975, the Com- pany will have its properties inspected by an engineer or firm of engineess who shall be appointed by the board of directors of the Company and satisfactory to the Trustee. Such engineer or firm of engineers will, at Company expense, file with the Trustee a written report stating the extent to which the property of the Company has • been maintained in compliance with this covenant. The Trustee will • mail a copy of the report to each holder of Series_N Bonds. � I i f ;� V 5 t 0 I Oct. 4. 1974 • - "let,C=.-11,,•-•,.. _ • • - ' - • .:••• • - • • Section 2.04.The Company and the holders of the Series N Bonds by their acceptance and holding thereof, hereby consent and agree dist the provaions of Section 17.04 of the Original Indenture shall be deemed to be amended effective on the earliest_flate on which Mbar(a)no bonds of any of the Series A through/rinclusive, shall he onatanding or (b) an amendment to such 17.04 of the Original Indimans shall have become effective upon the consent of the holders of the Bands of Series A through-BOnclusive, provided that no con- mat of the holders of the Series N Bonds shall be required for effect- ing such amendment. On such date, as aforesaid, said Section 17.04 of the Original Indenture shall be amended to read as follows: "Secitiou 17.04. From time to time the holders of sixty-six and two- think per cent (0031e4) In aggregate principal amount of bonds out- standing het eimder,by an instrument or instruments in writing signed _- by inch holders and filed with the Trustee, shall have power (a) to Meet to and authorize the release of any part of the mortgaged prop- , silty without prejudice to the powers conferred upon the Trustee samilat the Company by Article Eleven hereof; and (b) to assent to and authorize any modification of any of the provisions of this%den- - tare that shall be proposed by the Company;and any action herein au- dio/lied to be taken with the assent or authority, given as aforesaid, of the holders of sixty-six and two-thirds per cent (86%%) in aggre- gate principal amount of bonds outstanding hereunder shall be binding up=the holders of all of the bonds at any time outstanding here- -1 under and upon the Trustees as though such action were specifically sad ezpresdy authorized by the terms of this Indenture, provided gimps (i) that the obligation of the Company to pay the principal of said bends at their respective maturities as the same shall from dm to time become due,shall continue unimpaired and the interest payable thereon shall not be decreased, (ii) that no modification hoed shall give to any bond or bonds hereby secured any preference • , over any other bond or bonds hereby secured, and that no modifies- • dna of any right which shall have been specifically provided in re- upset of any particular series of bonds shall be effective unless as- , *4!, Ifit5 til* 141 • '� ,yam' _ _ • vs stated to by the holders of sixty-six and two-thirds per cent (6613) in aggregate principal amount of bonds outstanding hereunder of such particular series, (iii) that no such modification shall authorize the creation of any lien prior or equal to the lien of this Indenture • upon any of the mortgaged property,and (iv)that no such modifica- tion shall in any manner affect any of the rights or obligations of the Trustees,or either of them,without their,its or his written ascent • thereto;and provided further,that,anything in this Section to the con- trary notwithstanding,the holders of sixty-six and two-thirds per cent (88114)in aggregate principal amount of bonds outstanding hereunder of any particular series shall have power to waive any right specifi- cally provided in respect of that series,and to assent to any modifica- tion of any such right which shall be proposed by the Company, subject,however, to the provisions of clauses (i), (ii), (iii) and (iv) of this Section. Any modification of the provisions of this Indenture so made as aforesaid shall be set forth in a supplemental indenture between the Trustees and the Company which shall, if deemed •- advisable by counsel, be recorded and/or filed in the same manner - c' _ a this Indenture and the Trustees, and each of them, shall be fully t 'protected in acting in accordance therewith.- t The Company agrees that so long as any Series N Bonds remain onbbnding it will not propose or assent to any amendment of the • _ ----Andenerre which would reduce the percentage of outstanding Bonds, the holden of which are required to assent to any action set forth in Section 17.04 or which would change the redemption prices set forth in Section LOS hereof. Section 805. Except as herein specifically changed, the Original Indenture, as supplemented and amended by the First through the Fourteenth Supplemental Indentures, are hereby in all respects rati- fied 000 Section 806.This Fifteenth Supplemental Indenture shall be simul- ' taneounly executed in several counterparts each of which shall be an original and all of which shall constitute but one and the same in- i f; fir mommeisu • • s by the holders of sistridi and two-third-.per cent-f Buil agre ots peaoipal ammo of bonds outstandhig hereunder of moth reticular s trim tie to such modification shall authorise tic creation of rosy lieu prier or equal,to the lien of this Indenture spas any of the mortgaged property,and fie) that no such modifies- , rasa shag is any rammer affect any of the rights or obligations of the Trustees or ewer of than,without their,its or his written as snot aliEnilkk and provided farther,the,anythiag in this Section to the m. ta;motasithstind ng,the holders of sixty-an and two-thirds per Lent is aggregate principal amount of bonds outstanding hereunder of Any particular series shall.have powers tr waiver any right specifi- cally is respect of that series,and to assent to any nraduila- rass of any such right which shall be proposed by the Company, aiject,however, to the provisionsofclauses(i); (ii), (iii) and(iv)of this Section Any modification of the prwinous of this indmtuue so made as aforesaid shall be set forth is a supplemental indentem and the which- if deemed betuees the Trustees Company shall, saveable by counsel, be recorded and/or flied in the same mariner no this Indenture and the Trustees,and each of them,shall be fully pseterted in acting in accordance therewith." The Company agrees that so long as any Series N Bonds remain _ mastending it will not propose or assent to any amendment of die - lire which would reduce the percentage of outstanding Bo the ham,of which are required to assent to any action set forth in Section 17.04 or which would change the redemption prices set forth is Section L011 hereat. Sectioe 2..05 Esvcpt as herein specifically changed, the Original iaider to e, as supplemented and amended by the First through the irmeritientli Supplemental Indentures, are hereby in all respects rati- fied and maimed. bettina 11tift. This Fifteenth Supplemental Indenture shall be c'm.sl- tin cis es/waited in several counterparts each of which shall be an and all of which shall constitute but one and the same in- 1 • is f35 T1 • - ,. - .. { b Wrsxsss Wsautoj-, thorns Tar.asaoxa COMPANY or nix Noma- weer has caused these presents to be signed in its name and behalf by its President or Vice President and its corporate seal to be hereto affixed and attested by its Secretary or Assistant Secretary and to evidence their ac- , ceptance the trusts hereby created; PEOPLES NATIONAL BANK OF • Wenn:morosr has caused these presents to be signed in its name and behalf by one of its Vice Presidents or Trust Officers and its corporate seal to be hereto affixed and attested by one of its Trust Officers, and Robert G. Perry has hereto set his hand and seal,all as of September 1, 1974. Urate Thunman Coamer err flkXNotsrawrar., r--------2 _ 1. Visa President e 1 (Corporate Seal) Anent agel2cat .,.....—. . ,...•••341. -.00.3:"" Siped.sealed and acknowledged _ by United Telephone Company of the Northwest in the pres- ence of: --Gta...6-.21,4-.J. . ----- - - ..C41 43......40:27 ' ' .,, -, - _ . . - - 1.4 .., I 1 Alarms NATIoNAL BANOF WASHINGTON 1 Trust Officer B y .../4t4.a/.... ZLI Vice President & Trust Officer . • 411\1181r:‘. - A Dificer ,10 • (Corporate Seal) Signett-leiditid and acknowledged by Peoples National Bank of Washington in the •. of: - ' . . . a , 1. fif• rA. Basser G. Ptatar Signed,sealed and acknowledged by Robert G. Perry in the pres- E 01:IFICO 55,-.1' - Vrr 'V 13 STATE w Wee son Coven owKam } ss. On tday of )October, 1974, before me, the undersigned officer, appeared calCt00401.1. an � 9 to me personally known, who,being duly sworn, did acknowledge themselves to be Nand Secretary,respectively,of United Telephone Company of the Northwest, a corporation, and that said instrument was signed and sealed byQ4kl"____as such_1riiira: on behalf of said corporation and as the free act and deed of said corporation by authority of its Board of Directors and tha nNCgolifD.as such _ ,"___-__ Secretary affixed the corporate seal of said corporation thereto and attested the same. Tarrusce r WHEREOF, I have hereunto set my hand and affixed my official seal this day and year first in this my certificate above written. N Polk in the State of Worlds 1414*'a. ?aeidisg at Seattle, Washington. - �� �l Lend (mid Sed) f •, My commission expires, b�lPtDtSS l"s; a Stns ow Wesnoter vav Cowen air tam s' On t day of October,_.1974, before me, the undersigned officer, personally appeared C...1ct(J M�i.L ?oaN and .52) A.‘.(2i.A.I.:CaN, to me known to be Trust Officers of Peoples National Bank of Washington, the national banking association which executed the within and foregoing instrument, and%'.. 2Tt� .. and ..D.. Trust Officers acknowledged said instrument to be the free and voluntary act and deed of said association for the uses and purposes therein men- -5 (r'o,eX14 • , wry 3- .t _ 3., 1 I I I. 1 14 Honed and, on oath, stated that they were authorized to execute said instrument and ..CNkTr...T.tiL as assistant trust officer on oath , stated that she was authorized to affix the seal of said association to said instrument and to attest the same and that the seal affixed to said in- strument is the seal of said association. Ist Tearnsoerr WHEREOF, I have hereunto set my hand and affixed my ,:;, this the day and year first in this my certificate above written. ti r• r„..,.. ly ly Notary Public in andtate of Washington, r • t_ residing at Seattle, Washington. 0 V My commission expk l4.L±7 Y . Swan or Wessurocron Coourr a®Stec j On today of October, 1874, before me, the undersigned officer, personally appeared Rolm G. Pyr, to me known to be the indi- -, YiddtssI described in and who executed the within and foregoing instrument and acknowledged that he executed and signed the same as his free and voluntary act and deed fir the uses and purposes therein mentioned. hi Tharnaowr Wes, I have hereunto set my hand and affixed my official seal this the day and year first in this my certificate above written. �, i'. N Public fa and State of Washington, , ,: `ss�o».4...... residing atSeattle, Washington. j.,:i %. ,a s p • swat) �, r, p 1G My commiaaon expir4fax.-4. . er\b U@L 1;o . OrFt.`.S`,\r it I Ilk .- 65 115 ts. _ w` . -4 ____________t____ "' i. 13 8chedulb A f 1. meted is County of Wasco, State of Oregon Lob 5 and 6 of Block "A' of the first addition to Mosier proper in 4 Section 1, T 8 N, R 11 E.W.M. • ' 2. Situated in County of Benton, State of Washington . Lob 4,5,fl,7 and 8,Block 105,First Subdivision of Prosser according to plat thereof recorded in Vol. 1 of Plats, Page 11 3. Situated in County of Yakima, State of Washington Lob 1,2,3 and the west 8 feet of Lot 4,Block 72,Eaton Addition to Granger Washington according to the official plat thereof recorded in Volume 0, page 4, records of Yakima County Washington; except that portion conveyed to the State of Washington by deed recorded January 18, 1967 in Volume 686 of Deeds, File Number 2114859 together with that portion of vacated alley accruing thereto. 4. SBnated in County of Hood River,State of Oregon A pastel of land located in Section 25, Township 3 North, Range 10 Bast of the Willamette Meridian,in the City of Hood River, County of Hood River and State of Oregon, described as follows: Bugg at a on the North line of the Nathaniel Coe Donation Land of tin No. 37,in Section 25,Township 3 North, Reap 10 East of the Willamette Meridian, that is North 89° 40 Sly'West 46L13 feet, more or less, from the point of in- terreetion of the division line between the East half and the �; West half of said Coe Donation Land Claim with the North line thereof and South 89' 40' 25" East 1403.82 feet, more or less, Isom the Northwest corner of said Coe Donation Land Claim, being at the Northwest corner of that tract of land conveyed to Pest of Hood River by deed recorded April 19, 1967, film No.670468,Deed Records Hood River County, Oregon; thence South Sr 40' 25" East along the North line of said Donation Land Claim to a point that is 80 feet Easterly of, measured at right angles to, the West line of said Port of Hood River tract of lid,which pmt is the true place of beginning of the tract of had herein described;thence South I° 39' 16"West, parallel wills and 80 feet Easterly of the West line of said Pork of Hood et ti. Vii : 16 � _ . . . Oct. 4, 1974 - " - • • • • a trRiver act of 317.85 feet, more or less, to a point that is 20 feet Northerly of,measured at right angles to, the Northerly line of that tract of land sold to flood River Distillers, Inc., tinder contract recorded May 15, 1968, film No. 680648, Deed Records Hood River County, Oregon; thence North 53° 59' 48" East, with and 20 feet Northerly of the Northerly line of Hood River Distillers, Inc., tract of land, 28.17 feet; thence on a 399.27 foot radius curve to the right, parallel with and 20 feet Northerly of the Northerly line of said Hood River Distillers, Inc., tract of land and also parallel with and 20 feet Northerly of the North line of that tract of land conveyed to Hood River Distillers, Inc., by deed recorded May 15, 1968, film No. 980647, Deed Records Hood River County, Oregon, through an angle of 37° 39' 30" of which the long chord is 242. feet, to a point that is 20 feet Northerly of, measured Riverat right angles to, the North line of said last mentioned Hood Dis, Inc., tract of land; thence South 88° 20' 44" East, parallel with and 20 feet Northerly of the North line of said last mentioned Hood River Distillers, Inc., tract of land, 239.50 feet, more or less, to a corner in the West line of that tract of land leased to Jantzen, Inc., under Agreement recorded Job,7,1972,film No.721248,Deed Records Hood River County, Oregon thence North I° 3W 16" East along the West line of said Jantzen, Inc., tract of land 390.00 feet; thence North 88° 20'44"West 482.78 feet,more or less, to a point that is 80 feet —a of, at right angles to, the Northerly eaten- sioo of the West line of the aforesaid Port of Hood River tract of land; thence South 1° 39' 16" West, parallel with and 80 feet Easterly of the Northerly extension of the West line of said Port of Hood River tract of land, 165.19 feet, more or less, to the true place of beginning. & emoted in li3lddtat County,State of Washington a. The East 15 feet of Lot 9 and all of Lot 10, Block `A` in Mo- Catheter Addition to the Townsite of Glenwood, Washington. d The'easterly 25 feet of the easterly 125 feet of Block 13, West Roosevelt,according to plat thereof recorded in Volume 3 of Plats, past 44, records of said county. (Now Roosevelt, per Commis- ` - siooer s Journal 15,page 714,recorded June 24,1998.)_ • ,- �.. 55 IA.c 17 4 � • t1 _ _ • 7N fs 17 Bt Wanted in Jefferson County,State of Washington (f,dfn East Peninsula Telep one Company on merger) ,,f sle/ Ir That .. .:s, of the Northeast quarter of the Southwest of y of 34,Township 30 North, Range 2 West, W.M. 1 dbed as follows: Beginning at a point 27154 feet East of the West quarter corner of said Section 34 on the East-West center line, said point also being cm the North-South center line; thence South 2°15' East along said North-South center line 251.8 feet to the intersection of the North right-of-way line of U. S. Highway 101; thence Northwesterly abng said right of way 50 feet; thence North 11° 24'East W.15 feet more or less to the true point of"area Bs The East half of Lot 8, Block 2 CARROLL'S HOOD CANAL VIEW ESTATES NO.1,according to the plat recorded in Volume 4 of Plats,page 13. ,841 III:That portion of Government Lot 1 in Section 3,Township 28 North, Range 1 West of the Willamette Meridian, described as follows, to-wit: Beginning at the Northwest corner of said Goverment Lot 1; thence South along the West line thereof, a distance of 3154 feet to the True Point of Beginning of this � ,; (said point being the Southwest corner of Tax No. 7 in Section 3,as said Tai No.7 is described in Volume 90 of Deeds on page 485); thence North 89°32' East along the South line of said Tax No. 7 a distance of 100 feet; thence South 50 feet;thence South 89°32'West 100 feet to the West line of said Government Lot I;thence North along said West line 50 feet to the True Point of Beginning;Excepting therefrom any portion of the right of way of existing county road Ael IV,Lots I to 5 inclusive,in Block 1 of Worthington's Addition to Quilcure,asplat recorded in Vohune 2 of Plats, on page 107,records of Jerson County; EXCEPT that portion of said Lots 1,2 and 3 lying Southeasterly of a line drawn parallel to and 30 feet distant Northwesterly, when measured at right angles, from the center line survey of State Road No. 9, as the same is over and across said Block 1,as conveyed to the State of Washington by deed dated May 27, 1938 and recorded in vix- id - 4.F. • 18 Volume 107 of Deeds, on page 3, records of Jefferson County, and except the South 80 feet of Lots 4 and 5. Vr All of Block 8 of Harvey W. Campbell's Addition to Quil- cene,as per plat recorded in Volume 2 of Plats,page 107;records of Jefferson County, EXCEPT that portion lying South of an East-West hoe 1I0 feet North of the South boundary of said Block 8, and also EXCEPT that portion lying West of a North- South line 85 feet East of the West boundary of said Block 8; VI:All of Tax No.40 in Section 24,Township Z7 North,Range 2 West of the Willamette Meridian; said Tax No. 40 being that part of the former Port Townsend Southern Railroad right of way,lying between Blocks 3 and 8 of said Harvey W.Campbell's Addition to Quikene; EXCEPTING that portion of Parcels V and VI above described as follows: Beginning at the Northwest corner of said Block 8; thence East- erly along the North line of Block 8 a distance of 65.0 feet to the true point ofbeginningof this description; thence South for a feet;distance thence East a distance of 71.14 feet;thence twrftg a deflection angle of 103'52' to the left, a distance of 2t79 feet; thence turning a deflection angle of 90° to the right, a distance of 100 feet to the East edge of said Tax Lot 40;thence •13 a deflection angle of 90° to the left along the East edge of Tax Lot 40,a distance of 76.7 feet; thence turning a de- +a flection angle of 78°08'to the left,a distance of 139.5 feet to the true point of beginning. t1 55 t; 19 I { Su • i Exhibit A t Form of Series N Fully Registered Bond Without Coupon No. NR First Mortem Bond Due September 1, 1999 Series N UNTIED'TELEPHONE COMPANY OF THE NORTHWEST Unnse Tbernoara COMPANY or Tim Nonsirwrsr, a corporation of the State of Oregon (herein called the Company), for value re- - calved,hereby remises to pay to ._or registered assigns, on the first day of September, 1999, the priecipal sum of and to pay interest thereon from the date hereof (unless this Bond shall have been,died for previous redemption and payment duly provided therafer) at the rate of ten and three fourths per cent (10%%) per amass, payable sesminannually on the first day of September and the first day of March in each year until said principal sum is paid. Both the principal of and the interest on this Bond shall be payable at the snip office of Peoples National Bank of Washington, in Seattle, WaaLi .gtsm,a et the main office of its successor as corporate trustee is the hast hereinafter referred to, in lawful money of the United 8ttlss of America nit Bad is one of a duly authorized issue of first mortgage bonds of the Company, of a series designated 1O% First Mortgage Bonds, Series N, doe September 1, 1999, limited as to aggregate principal amount ss set forth in the Fifteenth Supplemental Indenture herein- after ssratioaed,all bonds of all series being issued and to be issued riyb ! , s 2 ender and pursuant to and all equally secured (except as any sinking ar other analogous fund,established in accordance with the provisions of the Indenture hereinafter mentioned, may afford additional se- causky for the bonds of any particular series) by an Indenture of Mortgage and Deed of Trust dated as of January 1, 1948, as amended ' and modified by First through Fourteenth Supplemental Indentures and a Fifteenth Supplemental Indenture dated as of September 1, 1974 (said sixteen instruments being collectively called the Inden- ture), ail duly executed and delivered by the Company to Peoples National Bank of Washington, of Seattle, Washington (herein called the Trustee), and to either Robert G. Perry of Seattle, Washington (herein called the Individual Trustee) or to Robert G. Perry's prede- cessor in the office of individual trustee pursuant to the Indenture, as trustees, to which Indenture and to all indentures supplemental thereto reference is hereby made for a description of the property transferral, assigned and mortgaged thereunder, the nature and ex- tent of the security, the terms and conditions upon which the bonds are secured and additional bonds may be issued and secured, and the rights of the holden or registered owners of said bonds, of the Trustees and the Company in respect to such security. Subsequent —3 series of said bonds may vary as to date, date of maturity, rate of interest and in other ways as in the Indenture provided or permitted Bonds of this Series N are redeemable in whole or in part at the optima of the Company at any time, at the following redemption Prices,expressed as percentages of said principal amount,during the respective periods hereinafter set forth,in each case together with ac- • • lVW' 55t,, 21 ► i s 1 7 bi 3 mad and unpaid interest on the principal amount carried to the date ( fixed for redemption, as follows: Napa....1 It Redeemed 11~ During 12 12 Month • } merimensallik Redemption RedingPriee August Rede eeon 1975 110.75Ef 1979 _110.30 1988 _�----10490 1987 109.85 1973 109.40 1990 104.00 1979 1086.96 1991_W_____-___103.55 1999 109.60 199 ___ 103.10 199 108.06 ! 1! 107.60 1994......... ..... 1993 107.15 1995_ —101.75 1991- •108.70 1990_____- 101.30 1!1111[ 108. 5 1996 106.80 1998-____ 100.40 1999 ____100.00 sit ce the conditions and in the manner provided in the Indenture; provided,however,that no Bond shall be redeemable, in whole or in -3 I pet,at any time prior to September 1,1984,directly or indirectly as a pat of,or in anticipation of, any refunding operations involving the ia>mdng of any indebtedness by the Company at an interest cost of cissa than tea and three fourths per cent (10 ) per annum and provided farther that the Bonds of Series N shall be subject to re- daesptioot in part from time to time through the operation of the sinking fund as provided in the Indenture at the principal amount thereof,without premium,together in any case with interest accrued garcon to the date of redemption, all on the conditions and in the movorr provided in the Indenture. It Oa the conditions and in the manner provided in the Indenture, Saeid N Bands may become subject to redemption in whole or in pert at nary time by the me of moneys deposited with or paid to the 4 , • = E f 4 Treace(a)as the proceeds of property sold;or(b)as the proceeds of property taken under power of eminent domain or as the proceeds of insurance policies deposited with or paid to the Trustee because of damage to or destruction of property. Series N Bonds so re- -deemed shall be redeemed at their principal amount plus interest 1- accrued to the date fixed for redemption. ` Notice of any of the aforesaid redemptions shall be stven by regis- tered mail to the registered owner hereof at his registered address, such notice to be nailed at least sixty (80) days prior to the date fixed for redemption,provided that notice of redemption for the sink- ing fund may be mailed as aforesaid not less than ten (10)days prior to the date fixed for redemption;all on the conditions and in the man- Der provided in the Indenture. This Bond is transferable by the registered owner either in person or by attorney duly authorized in writing in the office of the Trustee upon surrender and cancellation of this Bond and upon payment of chirps, and upon any such transfer a new registered Bond without coupon of the same series in the same aggregate principal amount *' will be issued to the transferee in'exchange therefor. The Company and the Trustee may treat the registered owner of this Bond as the absolute owner hereof for the purpose of receiving payment hereof,or on account hereof, and for all other purposes. No recourse shall be had for the payment of the principal of or a. the interest on this Bond,or of any claim based hereon or in respect hereof or of the Indenture, against any incorporator, stockholder, officer or director of the whetherCompany or of any successor company, by virtue of any statute or rule of law or by the enforcement of any assessment or penalty or otherwise,all such liability being by the acceptance hereof expressly waived and released and being also waived and released by the terms of the Indenture. Payments on account of principal of this Bond may be made without marauder, cancellation or reissue hereof in the manner and to the N f 55 tka 23 rmlimimminllmimimilmmim...IIII...m.mmm.711. - .. - . --: -- ---- - - - _'� r }cam i 1 I e flb 5 t extent provided by the terms of Section 1.08 of the Fifteenth Supple- mental Indenture,as reflected by the records of the Trustee. This Bond shall not be valid nor become obligatory for any purpose until it shall have been authenticated by the execution of the certifi- cate hereon endorsed by the Trustee under the Indenture. In Wrrsrsas WHEREOF,UNITED TELEPHONE COMPANY OP THE NORTH- ? war has caused this Bond to be signed in its name by its President or one of Its Vice Presidents and its corporate seal to be hereunto affixed and attested by its Secretary or one of its Assistant Secretaries. Unman Tinarnorra COMPANY or ma Nosrruwasr President 1. Arrsr: I Seerstary • -Y DATED: TRUSTEE'S CERTIFICATE This Bond is one of the Bonds of the First Mortgage Bonds, Series N, 10%% due 1999 referred to is the within mentioned Inden- ter.. PEOPLES NATIONAL BANK OF WASHINGTON (Seattle,Washington) Trots BY» Authorised Officer "°t 55 n;,, 24 1 111 111111 1111111111111111Page. 1 5369f1g309/03/2008 36R Jefferson County Rud FIRST Rt1ERICAN TITLE DT 61.00 RETURN ADDRESS: Frontier Bank Sequint 901 West Washington PO 83860 Sequim,WA 98382 SoyoI DEED OF TRUST DATE: August 25,2008 Reference # (if applicable): SEQU- XX2901 -TITLE NO. 50401 Additional on page Grantor(s): 1. LASSEN PROPERTIES LLC Granteels) 1. Frontier Bank 2. First American Title Company,Trustee Legal Description: PARCEL A: PTN NW SE 34-30-2W (TAX 24); PARCEL B: PTN NE SW 34-30-2W Additional on page 2 Assessor's Tax Parcel ID#: 002 344 007 &002 343 004 THIS DEED OF TRUST is dated August 25, 2008, among LASSEN PROPERTIES LLC, a Washington Limited Liability Company, whose address is 275953 HIGHWAY 101, SEQUIM, WA 98382 ("Grantor"); Frontier Bank, whose mailing address Is Sequim, 901 West Washington, PO 83850, Sequim, WA 98382 (referred to below sometimes as "Lender" and sometimes as "Beneficiary");and First American Title Company,whose mailing address is 2037 E.Sims Way, Port Townsend,WA 98388(referred to below as"Trustee"). I 1 Milli(� 11 111 I III P5ao.31,62 of193 09/0312008 11 35R Jefferson County Rud FIRST WIERICRI TITLE DT 51.00 DEED OF TRUST (Continued) Page 2 CONVEYANCE AND GRANT. For valuable consideration.Grantor conveys to Trustee In trust with power of sale,right of entry and possession and for the benefit of Lender as Beneficiary,all of Grantor's right,title,and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures;all easements, rights of way, end appurtenances;all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights);and all other rights,royalties, end profits relatingto the real property, including without limitation all minerals,oil,gas,geothermal and similar matters, (the "Real roperty") located in JEFFERSON County, State of Washington: See EXHIBIT A, which is attached to this Deed of Trust and made a part of this Deed of Trust as if fully set forth herein. The Real Property or its address is commonly known as 80 GARDINER BEACH ROAD& 1480 OLD GARDINER ROAD, SEQUIM, WA 98382. The Real Property tax identification number is 002 344 007&002 343 004. Grantor hereby assigns as security to Lender, all of Grantor's right,title,and interest in and to all leases, Rents, and profits of the Property. This assignment is recorded in accordance with RCW 65.08.070; the lien created by this assignment is intended to be specific,perfected and choate upon the recording of this Deed of Trust. Lender grants to Grantor a license to collect the Rents and profits, which license may be revoked at Lender's option and shall be automatically revoked upon acceleration of all or part of the Indebtedness. THIS DEED OF TRUST,INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY,IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (8) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE,THE RELATED DOCUMENTS,AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust,Grantor shall pay to Lender all amounts secured by this Deed of Trust as they become due,and shall strictly and in a timely manner perform all of Grantor's obligations under the Note,this Deed of Trust,and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default,Grantor may It) remain in possession and control of the Property; (2) use,operate or manage the Property; and 13) collect the Rents from the Property (this privilege is a license from Lender to Grantor automatically revoked upon default). The following provisions relate to the use of the Property or to other limitations on the Property. The Real Property is not used principally for agricultural purposes. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements,and maintenance necessary to preserve its value. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing,Grantor will not remove,or grant to any other party the right to remove,any timber,minerals(including oil and gas),coal,clay,scoria,soil,gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements,Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender end Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Deed of Trust. Compliance with Governmental Requirements. Grantor shall promptly comply, and shell promptly cause compliance by all agents, tenants or other parsons or entities of every nature whatsoever who rent, lease or otherwise use or occupy the Property in any manner,with all laws,ordinances,and regulations,now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation,the Americans With Disabilities Act. Grantor may contest In good faith any such law, ordinance,or regulation and withhold compliance during any proceeding,including appropriate appeals,so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond,reasonably satisfactory to Lender,to protect Lender's interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts,in addition to those acts set forth above in this section,which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE-CONSENT BY LENDER. Lender may,at Lender's option, tA) declare immediately due and payable all sums secured by this Deed of Trust or 16) increase the interest rate provided for in the Note or other document evidencing the Indebtedness and impose such other conditions as Lender deems appropriate,upon the sale or transfer, without Lender's prior written consent,of all or any part of the Real Property,or any interest in the Real Property. A "sale or transfer' means the conveyance of Real Property or any right,title or Interest In the Real Property;whether legal,beneficial or equitable;whether voluntary or involuntary;whether by outright sale,deed,installment sale contract, land contract,contract for deed,leasehold interest with a term greater than three 13)years,lease-option contract,or by sale,assignment,or transfer of any beneficial interest in or to any land trust holding title to the Real Property,or by any other method of conveyance of an Interest In the Real Property. If any Grantor is a corporation,partnership or limited liability company,transfer also includes any change in ownership of more than twenty-five percent(25%)of the voting stock, partnership interests or limited liability company interests,as the case may be,of such Grantor. However,this option shall not be exercised by Lender if such exercise Is prohibited by federal law or by Washington law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust: Payment. Grantor shall pay when due land in all events prior to delinquency)all taxes,special taxes,assessments, charges(including water and sewer),fines and impositions levied against or on account of the Property,and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of all liens having priority over or equal to the interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due and except as otherwise provided in this Deed of 1111111111!llll1111,1!! 9536913!1111n.: 309Jeffers°1 ���� ose: 3o f9JeffersoCDudRlCOND9/03/2005 11,350 DT 51.00 DEED OF TRUST (Continued) Page 3 Trust. Right to Contest Grantor may withhold payment of any tax,assessment,or claim in connection with a good faith dispute over the obligation to pay,so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment,Grantor shall within fifteen(15)days after the lien arises or,if a lien is filed, within fifteen(15)days after Grantor has notice of the filing,secure the discharge of the lien,or if requested by Lender,deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys'fees,or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen(15)days before any work is commenced,any services are furnished,or any materials are supplied to the Property,if any mechanic's lien,materialmen's lien,or other lien could be asserted on account of the work,services,or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust. Maintenance of Insurance. Grantor shall procure and maintain policies of fire Insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor shall also procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Trustee and Lender being named as additional insureds in such liability insurance policies. Additionally,Grantor shall maintain such other insurance, including but not limited to hazard,business interruption,and boiler insurance,as Lender may reasonably require. Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Grantor, upon request of Lender,will deliver to Lender from time to time the policies or certificates of insurance in form satisfactory to Lender,including stipulations that coverages will not be cancelled or diminished without at least thirty(30)days prior written notice to Lender. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired In any way by any act, omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available,within 45 days after notice is given by Lender that the Property is located in a special flood hazard area,for the full unpaid principal balance of the loan and any prior liens on the property securing the loan,up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender,and to maintain such insurance for the term of the loan. Apppcation of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if Grantor fails to do so within fifteen (151 days of the casualty. Whether or not Lender's security is impaired,Lender may,at Lender's election,receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness,payment of any lien affecting the Property,or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair,Grantor shall repair or replace the damaged or destroyed Improvements In a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Deed of Trust. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Deed of Trust,then to pay accrued interest,and the remainder,if any,shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness,such proceeds shall be paid without interest to Grantor as Grantor's interests may appear. Grantor's Report on Insurance. Upon request of Lender,however not more than once a year,Grantor shall furnish to Lender a report on each existing policy of insurance showing: (1) the name of the insurer; (21 the risks insured; (3) the amount of the policy; 141 the property insured,the then current replacement value of such property,and the manner of determining that value;and (5) the expiration data of the policy. Grantor shall,upon request of Lender,have en independent appraiser satisfactory to Lender determine the cash value replacement cost of the Property. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's Interest in the Property or if Grantor fails to comply with any provision of this Deed of Trust or any Related Documents,including but not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Deed of Trust or any Related Documents,Lender on Grantor's behalf may(but shall not be obligated to)take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests,encumbrances and other claims,at any time levied or placed on the Property and paying all costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and,at Lender's option,will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy;or (21 the remaining term of the Note;or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Deed of Trust also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default. WARRANTY;DEFENSE OF TITLE. The following provisions relating to ownership of the Property era a part of this Deed of Trust: Title. Grantor warrants that: (a)Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy,title report,or final title opinion issued in favor of,and accepted by, Lender in connection with this Deed of Trust,and (b)Grantor has the full right,power,and authority to execute and deliver this Deed of Trust to Lender. Defense of Title. Subject to the exception in the paragraph above,Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Trustee or Lender under this Deed of Trust,Grantor shall defend the 1111111111 1III IIIA IIIN I III II!III Iii! .!!,19309/03/2008 36A Jefferson County Rud FIRST RNERICAN TITLE DT 51.00 • DEED OF TRUST (Continued) Page 4 aciion at Grantor's expense. Grantor may be the nominal party in such proceeding,but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver,or cause to be delivered,to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws,ordinances,and regulations of governmental authorities. Survival of Representations and Warranties. All representations,warranties,and agreements made by Grantor in this Deed of Trust shall survive the execution and delivery of this Deed of Trust,shall be continuing in nature,and shall remain in full force and effect until such time as Grantor's Indebtedness shall be paid in full. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust: Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding,but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice all at Grantor's expense, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Net Proceeds. If all or any part of the Property Is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation,Lender may at its election require that all or any portion of the net proceeds of the sward be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all reasonable costs,expenses,and attorneys'tees incurred by Trustee or Lender in connection with the condemnation. IMPOSITION OF TAXES,FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes,fees and charges are a part of this Deed of Trust: Current Taxes,Fees and Charges. Upon request by Lender,Grantor shall execute such documents in addition to this Deed of Trust and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lander for all taxes, as described below,together with all expenses incurred in recording, perfecting or continuing this Deed of Trust, including without limitation all taxes, fees, documentary stamps,and other charges for recording or registering this Deed of Trust. Taxes. The following shall constitute taxes to which this section applies: (t) a specific tax upon this type of Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; (3) a tax on this type of Deed of Trust chargeable against the Lender or the holder of the Note; and 141 a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Grantor. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent,or 12) contests the tax as provided above in the Taxes and Liens section end deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a part of this Deed of Trust: Security Agreement. This instrument shell constitute a Security Agreement to the extent any of the Property constitutes fixtures,and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender,Grantor shall take whatever action is requested by Lender to perfect and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Deed of Trust in the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Deed of Trust as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default,Grantor shall not remove,sever or detach the Personal Property from the Property. Upon default,Grantor shall assemble any Personal Property not affixed to the Property In a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three(3)days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The malting addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security interest granted by this Deed of Trust may be obtained(each as required by the Uniform Commercial Code)are as stated on the first page of this Deed of Trust. FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a part of this Deed of Trust: Further Assurances. At any time,and from time to time,upon request of Lender,Grantor will make,execute end deliver,or will cause to be made,executed or delivered,to Lender or to Lender's designee,and when requested by Lender,cause to be filed,recorded,refiled,or rerecorded,as the case may be,at such times and in such offices and places as Lender may deem appropriate,any and all such mortgages,deeds of trust,security deeds,security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may,in the sole opinion of Lender,be necessary or desirable in order to effectuate,complete, perfect,continue, or preserve (t) Grantor's obligations under the Note,this Deed of Trust, and the Related Documents,and (2) the liens and security interests created by this Deed of Trust as first and prior liens on the Property,whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Attorney-in-Fact. If Grantor fails to do any of the things referred to in the preceding paragraph,Lender may do so for and in the name of Grantor and at Grantor's expense. For such purposes,Grantor hereby irrevocably appoints Lender es Grantor's attorney-in-fact for the purpose of making,executing,delivering,filing,recording,and doing all other things as may be necessary or desirable,in Lender's sole opinion,to accomplish the matters referred to in the preceding paragraph. FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to Grantor suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Any reconveyance fee shall be paid by I�IHI1IIII111I1II hUtI11�I�11 �Illfllll��I53691335A Jefferson County Aud FIRST AMERICAN TITLE DT 51.00 DEED OF TRUST (Continued) Page 5 Grantor,If permitted by applicable law. The grantee in any reconveyance may be described as the"person or persons legally entitled thereto',and the recitals in the reconveyance of any matters or facts shall be conclusive proof of the truthfulness of any such matters or facts. EVENTS OF DEFAULT. Each of the following,at Lender's option,shall constitute an Event of Default under this Deed of Trust: Payment Default. Grantor fails to make any payment when due under the Indebtedness. Other Defaults. Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Deed of Trust or in any of the Related Documents or to comply with or to perform any term, obligation,covenant or condition contained in any other agreement between Lender and Grantor. Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust,the Note or in arty of the Related Documents. Default on Other Payments. Failure of Grantor within the time required by this Deed of Trust to make any payment for taxes or insurance,or any other payment necessary to prevent filing of or to effect discharge of any lien. Default in Favor of Third Parties. Should Grantor default under any loan,extension of credit,security agreement, purchase or sales agreement,or any other agreement,in favor of any other creditor or person that may materially affect any of Grantor's property or Grantor's ability to repay the Indebtedness or perform their respective obligations under this Deed of Trust or any of the Related Documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this Deed of Trust or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Defective Collateralimatlon. This Deed of Trust or any of the Related Documents ceases to be in full force and effect(including failure of any collateral document to create a valid and perfected security interest or lien)at any time and for any reason. Death or Insolvency. The dissolution of Grantor's (regardless of whether election to Continue is made), any member withdraws from the limited liability company,or any other termination of Grantor's existence as a going business or the death of any member, the insolvency of Grantor,the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings,whether by judicial proceeding,self-help,repossession or any other method,by any creditor of Grantor or by any governmental agency against any property securing the Indebtedness. This includes a garnishment of arty of Grantor's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding,in an amount determined by Lender,in its sole discretion,as being an adequate reserve or bond for the dispute. Breath of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Grantor to Lender,whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under,any Guaranty of the Indebtedness. Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. Right to Cure. If any default,other than a default in payment is curable and if Grantor has not been given a notice of a breach of the same provision of this Deed of Trust within the preceding twelve 112)months,it may be cured if Grantor,after receiving written notice from Lender demanding cure of such default: 11) cures the default within ten.1101 days;or 12) if the cure requires more than ten 110)days,immediately initiates steps which Lender deems In Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust,at any time thereafter, Trustee or Lender may exercise any one or more of the following rights end remedies: Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy,and an election to make expenditures or to take action to perform an obligation of Grantor under this Deed of Trust, after Grantor's failure to perform,shall not affect Lender's right to declare a default and exercise its remedies. Accelerate Indebtedness. Lender shall have the right at its option to declare the entire Indebtedness immediately due and payable,including any prepayment penalty which Grantor would be required to pay. Foreclosure. With respect to all or any part of the Real Property,the Trustee shall have the right to exercise its power of sale and to foreclose by notice and sale, and Lender shall have the right to foreclose by judicial foreclosure,in either case in accordance with end to the full extent provided by applicable law. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Collect Rents. Lender shall have the right, without notice to Grantor to take possession of and manage the Property and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costa, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender,then Grantor irrevocably designates Lender as Grantor's attorney-in-fact to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person,by agent,or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property,with the power to protect and preserve the Property,to operate the Property preceding or pending foreclosure or sale,end to collect the Rents from the Property and apply the proceeds,over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the 111111111111111111111111172!?.:'09103/2000 36R Jefferson County Rud FIRST AMERICAN TITLE DT 51.00 DEED OF TRUST Page 6 (Continued) Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Tenancy at Sufferance. If Grantor remains in possession of the Property after the default Property f Gris orld as snprovided above or Lender otherwise becomes entitled to possession of the Property upon become you reasonable atsufferance for heof Lender or the use of the Property,orser(21(vacate the Property Immediately upon the deroperty and shall,at Lender's option, mand(of Lender. Other Remedies, Trustee or Lender shall have any other right or remedy provided in this Deed of Trust or the Note or available at law or in equity. Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made. Reasonable notice shall mean notice given at least ten(10)days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with any sale of the Real Property. lisle of the Property. To the extent permitted by applicable law,Grantor hereby waives any and all rights to have die Property marshalled. In exercising its rights and remedies,the Trustee or Lender shall be free to sell all or any part of the Property together or separately,in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Attorneys' Fees;Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust,Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys'fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law,all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of Be rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation,however subject to any limits under applicable law,Lender's attorneys'fees and Lender's legal expenses,whether or not there is a lawsuit, including attorneys'fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction),appeals,and any anticipated post-judgment collection services,the cost of searching records,obtaining title reports(including foreclosure reports),surveyors' reports, and appraisal fees,title insurance,and fees for the Trustee,to the extent permitted by applicable law. Grantor also will pay any court costs,in addition to all other sums provided by law. Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section. POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee (pursuant to Lender's instructional are part of this Deed of Trust: Powers of Trustee. In addition to all powers of Trustee arising as a matter of law,Trustee shall have the power to take the following actions with respect to the Property upon the written request of Lender and Grantor: (al join in preparing and filing a map or plat of the Real Property, including the dedication of streets or other rights to the public; (b) join in granting any easement or creating any restriction on the Real Property; and lc) join in any subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust. Obligations to Notify. Trustee shall not be obligated to notifyany other party of a pending sale under any other trust deed or lien, or of any action or proceeding in which Grantor, Lender,or Trustee shall be a party, unless required by applicable law,or unless the action or proceeding is brought by Trustee. Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set forth above,with respect to all or any part of the Property,the Trustee shall have the right to foreclose by notice and sale, and Lender shall have the right to foreclose by judicial foreclosure,in either case in accordance with and to the full extent provided by applicable law. Successor Trustee. Lender,at Lender's option,may from time to time appoint a successor Trustee to any Trustee appointed under this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of JEFFERSON County,State of Washington. The instrument shall contain,in addition to all other matters required by state law,the names of the original Lender,Trustee,and Grantor,the book and page or the Auditor's File Number where this Deed of Trust is recorded, and the name and address of the successor trustee, and the instrument shall be executed and acknowledged by Lender or its successors in interest. The successor trustee,without conveyance of the Property,shall succeed to all the title,power,and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of Trustee shall govern to the exclusion of all other provisions for substitution. NOTICES. Subject to applicable law,and except for notice required or allowed by law to be given in another manner, any notice required to be given under this Deed of Trust, including without limitation any notice of default and any notice of sale shell be given in writing, and shall be effective when actually delivered, when actually received by tctefacsimile (unless otherwise required by law),when deposited with a nationally recognized overnight courier,or,if mailed,when deposited in the United States mail,as first class,certified or registered mail postage prepaid,directed to the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address,as shown near the beginning of this Deed of Trust. Any party may change its address for notices under this Deed of Trust by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes,Grantor agrees to keep Lender Informed at all times of Grantor's current address. Subject to applicable law, and except for notice required or allowed by law to be given in another manner,if there is more than one Grantor,any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: Amendments. This Deed of Trust,together with any Related Documents,constitutes the entire understanding and agreement of the parties as to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property ie used for purposes other than Grantor's residence, Grantor shall furnish to Lender, upon request, a certified statement of net operating income received from the Property during Grantor's previous fiscal year in such form and detail as Lender shall require. 'Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in connection with the operation of the Property. Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define the provisions of this Deed of Trust. Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity,without the written consent 1111111111 hia1 53691309/03/2008 36A Jefferson County Rud FIRST AMERICAN TITLE DT 51.00 DEED OF TRUST (Continued) Page 7 of Lender. Governing Law. This Deed of Trust governed law t not preempted by federal law,the laws of the of Washingtonfederal without regarrd to Its conflicts of licable to Lender and,to law provisions. the This Deed of Trust has been accepted by Lender In the State of Washington. Choice of Venus. 11 there is a lawsuit,Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of Clallam County,State of Washington. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing between Lender and Grantor,shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust,the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. S ava:ability. If a court of competent jurisdiction finds any provision of this Deed of Trust to ba illegal,invalid,or unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If feasible,the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, Invalidity, or unenforceability of any provision of this Deed of Trust shall not affect the legality,validity or enforceability of any other provision of this Deed of Trust. Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Grantor's Interest, this Deed of Trust shall be binding upon and inure to the benefit of the parties,their successors end assigns. If ownership of the Property becomes vested in a person other than Grantor,Lender,without notice to Grantor,may deal with Grantor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Deed of Trust or liability under the Indebtedness. Time is of the Essence. Time is of the essence in the performance of this Deed of Trust. Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead exemption laws of the State of Washington as to all Indebtedness secured by this.Deed of Trust. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of Trust. Unless specifically stated to the contrary,all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural,and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code: Beneficiary. The word"Beneficiary"means Frontier Bank,and its successors and assigns. Borrower. The word 'Borrower' means LASSEN PROPERTIES LLC and includes all co-signers and co-makers signing the Note and all their successors and assigns. Deed of Trust. The words 'Deed of Trust' mean this Deed of Trust among Grantor, Lender, and Trustee, and includes without limitation all assignment and security interest provisions relating to the Personal Property and Rents. Default. The word'Default'means the Default set forth in this Deed of Trust in the section titled'Default'. Event of Default. The words'Event of Default'mean any of the events of default set forth in this Deed of Trust in the events of default section of this Deed of Trust. Grantor. The word'Grantor"means LASSEN PROPERTIES LLC. Guarantor. The word 'Guarantor' means any guarantor, surety, or accommodation party of any or all of the Indebtedness. Guaranty. The word 'Guaranty' means the guaranty from Guarantor to Lender, Including without Imitation a guaranty of all or part of the Note. Improvements. The word "Improvements' means all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property,facilities,additions,replacements and other construction on the Real Property. Indebtedness. The word 'Indebtedness' means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses Incurred by Trustee or Lender to enforce Grantor's obligations under this Deed of Trust,together with interest on such amounts as provided in this Deed of Trust. Lander. The word'Lender"means Frontier Bank,its successors and assigns. Note. The word "Note' means the promissory note dated August 25, 2008, in the original principal amount of $532,000.00 from Grantor to Lender,together with all renewals of,extensions of,modifications of,refinancings of,consolidations of,and substitutions for the promissory note or agreement. Personal Property. The words 'Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property;and together with all issues and profits thereon and proceeds(including without limitation all insurance proceeds and refunds of premiums)front any sale or other disposition of the Property. Property. The word'Property'means collectively the Real Property and the Personal Property. Real Property. The words'Real Property'mean the real property,interests and rights,as further described in this Deed of Trust. Related Documents. The words 'Related Documents' mean all promissory notes, credit agreements, loan agreements,guaranties,security agreements,mortgages,deeds of trust,security deeds,collateral mortgages,and all other instruments,agreements and documents,whether now or hereafter existing,executed in connection with the Indebtedness; provided,that the environmental indemnity agreements are not"Related Documents' and are not secured by this Deed of Trust. 1 II it it l I III 1111 NI IMI II II IIII lel 53691193360 Jefferson County Rud FIRST AMERICAN TITLE DT 51.00 DEED OF TRUST (Continued) Page 8 Rants. The word 'Rents' means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. Trustee. The word-Trustee means First American Title Company,whose mailing address is 2037 E.Sims Way, Port Townsend,WA 98368 and any substitute or successor trustees. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND GRANTOR AGREES TO ITS TERMS. GRANTOR: LASSEN PROP 'lE' / B ._ ��� Imo! "iv " •SSEN,Mansg :' P'-' ' LC BY: d 4 4 ' • `I;j;ts'I- •SSEN,Member of LASSEN PROPERTIES LLC LIMITED LIABILITY COMPANY ACKNOWLEDGMENT STATE OF tambi 1 eon '1• I Aft ISS COUNTY O• A S. ". ...411LAA,♦ p I YOk On this day ot3 �n ,20 0�s ,before me,the undersigned Notary Pub ic,personally appeared MAR LA EN,Manager of LASSEN PROPERTIES LLC and CHRISTIN LASSEN, Member of LASSEN PROPERTIES LLC, and personally known to me or proved to me on the basis of satisfactory evidence to be members or designated agents of the limited liability company that executed the Dead of Trust and acknowledged the Deed of Trust to be the free and voluntary act and deed of the limited liability company,by authority of stet :,its articles of organization or its operatingl'i t:fc r the uses and purposes therein mentioned,and on oat tat:d that they are authorized to execute thi Trldeatfafil,in fact executed the Deed of Trust on behalf of t :limite.li:bility company. v�, •.... ..EXP'•. `e :r I I/ / a A. O -p'!A R Y �,#I:Residing at •� . - yr{�ae� o, Notary Public In and for the State of . ( 7 3 ty .10.. \G M:O fatly commission expires �� , t4�F,ii:v ,,iIs•0,` tttttt...000'' REQUEST FOR FULL RECONVEYANCE To: ,Trustee The undersigned is the legal owner and holder of all indebtedness secured by this Deed of Trust. You are hereby requested,upon payment of all sums owing to you,to reconvey without warranty,to the persons entitled thereto,the right,title and interest now held by you under the Deed of Trust. Date: Beneficiary: By: he: LASER PRO Lending,Ver.5.41.00.004 Copr.Harland Financial Solutions,Inc.1997,2008. All Rights Reserved. - WA C:\CFI\LPL\G01.FC TR-54143 PR-COMRLOC 11111111111111111111536913.35n Jefferson County Hud FIRST AMERICAN TITLE DT St 00 Parcel A: That portion of the Northwest'A of the Southeast'A of Section 34,Township 30 North,Range 2 West, W.M.,described as follows: Beginning at the Southeast corner of the Northeast'/of said Section 34; thence Westerly along the centerline of said Section a distance of 2,640.00 feet to the Northwest corner of the Northwest''A of the Southeast' ; thence South 30 feet to the true point of beginning; Highway thence South along the centerline of said Section,300.00 feet more or less to the Northerly boundary of the New State Highway(U.S. gh y 101),as conveyed to the State of Washington by deed recorded December 24,1946 under Auditor's File No.109033; thence Easterly along said Highway,355 feet more or less to the West line of that certain tract conveyed by deed recorded under Jefferson County Auditor's File No.177728; thence Northerly along the West line of said tract,325 feet more or less to the South line of the Old State Highway(County Road No.102); thence Westerly along the South line of said road 345 feet to the true point of beginning; Together with that portion of vacated County Road No.102 which would attach by operation of law; Excepting therefrom right-of-way of Gardiner Beach Road Loop(County Road No.104-0.22). Parcel B: %of Section 34, ownship 30 ge 2 West, portion of the Northeast%of Jefferson County,Washington,lySouthwest ng So therly of Old State TRoad No.9(now North,county road)and W Northerly of the Northerly margin of State Road No.9; EXCEPT that portion thereof described as follows: Beginning at the point of intersection of the Southerly line of said Old State Road No.9 with the Northerly margin of State Road No.9; i 220 feet; thence Easterly,along said Northerly marg n, thence North 48 feet,more or less,to the said Southerly line of Old State Road No.9; thence Westerly,along said Southerly line to the point of beginning; AND EXCEPT that portion thereof conveyed to Maurice R Hull et ux by deed dated November 12,1963 and recorded under Auditor's File No.177769,described as follows: Beginning at a point which is 2,715.4 feet East of the West'A corner of said East-West centerline of said Section; a distance of 25L6 feet to the intersection of thence South along the North-South centerline 2'15'East, this line and the North line of the right-of-way of of United nitid States a Highway 101;ofeet; thence Northwesterly along the right-of-way thence North 11°24'East,a distance of 247.15 feet,more or less,to the Point of Beginning. All situate in the County of Jefferson,State of Washington. Ca a . 111111111111011111115369f14 Jefferson County Rud FIRST RITERICRN TITLE 24°312401011 35n RETURN ADDRESS: Frontier Bank Sequin 901 West Washington PO 133850 Sequin,WA 98382 CT-DU-1 \ ASSIGNMENT OF RENTS Reference# (if applicable): SEQU-XX2901 -TITLE NO. 50401 Additional on page Grantor(s): 1. LASSEN PROPERTIES LLC Grantee(s) 1. Frontier Bank Legal Description: PARCEL A: PTN NW SE 34-30-2W (TAX 24); PARCEL B: PTN NE SW 34-30-2W Additional on page 2 Assessor's Tax Parcel ID#: 002 344 007 &002 343 004 THIS ASSIGNMENT OF RENTS dated August 25, 2008, is made and executed between LASSEN PROPERTIES LLC, a Washington Limited Liability Company, whose address is 275953 HIGHWAY 101, SEQUIM, WA 98382 (referred to below as "Grantor") and Frontier Bank, whose mailing address is 901 West Washington, PO B3850, Sequim, WA 98382 (referred to below as"Lender"). or 111 II. 1111 111111 lifti tilt lilt 5 3914 350 Jet(arson County Rud FIRST AMERICAN TITLE RSR 48.00 ASSIGNMENT OF RENTS (Continued) Page 2 ASSIGNMENT. For valuable consideration,Grantor hereby assigns, grants a continuing security interest in, and conveys to Lender all of Grantor's right, title, and interest in and to the Rents from the following described Property located in JEFFERSON County,State of Washington; See EXHIBIT A, which is attached to this Assignment and made a part of this Assignment as if fully set forth herein. The Property or its address is commonly known as 80 GARDINER BEACH ROAD& 1460 OLD GARDINER ROAD, SEOUIM, WA 98382. The Property tax Identification number Is 002 344 007&002 343 004. THIS ASSIGNMENT IS GIVEN TO SECURE (1)PAYMENT OF THE INDEBTEDNESS AND (2)PERFORMANCE OF ANY AND ALL OBLIGATIONS OF GRANTOR UNDER THE NOTE,THIS ASSIGNMENT,AND THE RELATED DOCUMENTS. THIS ASSIGNMENT IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Assignment or any Related Documents,Grantor shall pay to Lender all amounts secured by this Assignment as they become due, and shall strictly perform all of Grantor's obligations under this Assignment. Unless and until Lender exercises its right to collect the Rents as provided below and so long as there is no default under this Assignment,Grantor may remain in possession and control of and operate and manage the Property and collect the Rents,provided that the granting of the right to collect the Rents shall not constitute Lender's consent to the use of cash collateral in a bankruptcy proceeding. GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that: Ownership. Grantor is entitled to receive the Rents tree and clear of all rights, loans,liens, encumbrances, and claims except as disclosed to and accepted by Lender in writing. Right to Assign. Grantor hes the full right,power and authority to enter into this Assignment and to assign and convey the Rents to Lender. No Prior Assignment. Grantor has not previously assigned or conveyed the Rents to any other person by any instrument now in force. No Further Transfer. Grantor will not sell,assign,encumber,or otherwise dispose of any of Grantor's rights in the Rents except as provided in this Assignment. LENDER'S RIGHT TO RECEIVE AND COLLECT RENTS. Lender shall have the right at any time, end even though no default shall have occurred under this Assignment,to collect and receive the Rents. For this purpose,Lender is hereby given and granted the following rights,powers and authority: Notice to Tenants. Lender may send notices to any and all tenants of the Property advising them of this Assignment and directing all Rents to be paid directly to Lender or Lender's agent. Enter the Property. Lender may enter upon and take possession of the Property;demand,collect and receive from the tenants or from any other persons liable therefor,all of the Rents;institute and carry on all legal proceedings necessary for the protection of the Property, including such proceedings as may be necessary to recover possession of the Property;collect the Rents and remove any tenant or tenants or other persons from the Property. Maintain the Property. Lender may enter upon the Property to maintain the Property and keep the same in repair; to pay the costs thereof and of all services of all employees,including their equipment,and of all continuing costs and expenses of maintaining the Property in proper repair and condition,and also to pay all taxes,assessments and water utilities,and the premiums on fire and other insurance effected by Lender on the Property. Compliance with Laws. Lender may do any and all things to execute and comply with the laws of the State of Washington and also all other laws,rules,orders,ordinances and requirements of all other governmental agencies affecting the Property. Lease the Property. Lender may rent or lease the whole or any part of the Property for such term or terms and on such conditions as Lender may deem appropriate. Employ Agents. Lender may engage such agent or agents as Lender may deem appropriate, either in Lender's name or in Grantor's name,to rent and manage the Property,including the collection end application of Rents. Other Acts. Lender may do all such other things and acts with respect to the Property as Lender may deem appropriate and may act exclusively and solely in the place and stead of Grantor and to have all of the powers of Grantor for the purposes stated above. No Requirement to Act. Lender shall not be required to do any of the foregoing acts or things,and the fact that Lender shall have performed one or more of the foregoing acts or things shall not require Lender to do any other specific act or thing. APPLICATION OF RENTS. All Costs and expenses incurred by Lender in connection with the Property shall be for Grantor's account and Lender may pay such costs and expenses from the Rents. Lender,in its sole discretion,shall determine the application of any and all Rents received by it;however,any such Rents received by Lender which are not applied to such costs and expenses shall be applied to the Indebtedness. All expenditures made by Lender under this Assignment and riot reimbursed from the Rents shall become a part of the Indebtedness secured by this Assignment,and shall be payable on demand,with interest at the Note rate from date of expenditure until paid. FULL PERFORMANCE. If Grantor pays all of the Indebtedness when due and otherwise performs all the obligations imposed upon Grantor under this Assignment,the Note,and the Related Documents,Lender shall execute and deliver to Grantor a suitable satisfaction of this Assignment and suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Property. Any termination fee required by law shalt be paid try Grantor,if permitted by applicable law. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or if Grantor fails to comply with any provision of this Assignment or any Related Documents,including but not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Assignment or any Related Documents, Lender on Grantor's behalf may(but shall not be obligated tol take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests,encumbrances and other claims,at any time levied or placed on the Rents or the Property and paying all costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date 11011 111Ifl ifi 1111111111111(111111011 11JIl !!,174 Jefferson County avd FIRST rYIERICrR TITLE ASR 3/4600011:350 ASSIGNMENT OF RENTS (Continued) Page 3 of repayment by Grantor. All such expenses will become a part of the Indebtedness and,at Lender's option,will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note;or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Assignment also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default. DEFAULT. Each of the following,at Lender's option,shall constitute an Event of Default under this Assignment: Payment Default. Grantor fails to make any payment when due under the Indebtedness. Other Defaults. Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Assignment or in any of the Related Documents or to comply with or to perform any term, obligation,covenant or condition contained in any other agreement between Lender and Grantor. Default on Other Payments. Failure of Grantor within the time required by this Assignment to make any payment for taxes or insurance,or any other payment necessary to prevent filing of or to effect discharge of any lien. Default in Favor of Third Parties. Any guarantor or Grantor defaults under any loan,extension of credit,security agreement,purchase or sales agreement,or any other agreement,in favor of any other creditor or person that may materially affect any of any guarantor's or Grantor's property or ability to perform their respective obligations under this Assignment or any of the Related Documents. Environmental Default. Failure of any party to comply with or perform when due any term,obligation,covenant or condition contained In any environmental agreement executed in connection with the Property. False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this Assignment or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Defective CoNaterelization. This Assignment or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien)at any time and for any reason. Death or Insolvency. The dissolution of Grantor's (regardless of whether election to continue is made), any member withdraws horn the limited liability company,or any other termination of Grantor's existence as a going business or the death of any member,the insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding,self-help,repossession or any other method,by any creditor of Grantor or by any governmental agency against the Rents or any property securing the Indebtedness. This includes a garnishment of any of Grantor's accounts, including deposit accounts, with Lender. However,this Event of Default shall not apply if there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding,in an amount determined by Lender, in its sole discretion,as being an adequate reserve or bond for the dispute. Property Damage or Loss. The Property is lost,stolen,substantially damaged,sold,or borrowed against. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under,any Guaranty of the Indebtedness. Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. Cure Provisions. If any default, other than a default in payment Is curable and if Grantor has not been given a notice of a breach of the same provision of this Assignment within the preceding twelve(121 months,it may be cured if Grantor,after receiving written notice from Lender demanding cure of such default: (1) cures the default within ten(101 days;or (2) if the cure requires more than ten(t0)days,immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and at any time thereafter,Lender may exercise any one or more of the following rights and remedies,in addition to any other rights or remedies provided by law: Accelerate Indebtedness. Lender shall have the right at its option without notice to Grantor to declare the entire Indebtedness immediately due end payable,including any prepayment penalty that Grantor would be required to pay. Collect Rents. Lender shall have the right, without notice to Grantor,to take possession of the Property and collect the Rents,including amounts past due and unpaid, and apply the net proceeds,over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender shall have all the rights provided for in the Lender's Right to Receive and Collect Rents Section, above. If the Rents ere collected by Lender,then Grantor irrevocably designates Lender as Grantor's attorney-in-fact to endorse Instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments ere made,whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person,by agent,or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property,with the power to protect and preserve the Property,to operate the Property preceding or pending foreclosure or sale,and to collect the Rents from the Property and apply the proceeds,over and above the coat of the receivership, against the Indebtedness. The receiver may serve without bond If permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Other Remedies. Lender shall have all other rights and remedies provided in this Assignment or the Note or by law. Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy,and an election to make expenditures or to take action to perform an obligation of Grantor under this Assignment,after Grantor's failure to perform,shall not affect Lender's right to declare a default and exercise Its remedies. IIl 11111 Full 111111 lUll lllhl IF I F IIs 6f14 !2008 11.353 Jul?arson County qud FIRST AMERICAN TITLE RSR 48.00 ASSIGNMENT OF RENTS (Continued) Page 4 Attorneys'Fees;Expenses. If Lender institutes any suit or action to enforce any of the terms of this Assignment, Lender shall be entitled to recover such sum es the court may adjudge reasonable as attorneys'fees at trial and upon any appeal. Whether or not arty court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that In Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear Interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation,however subject to any limits under applicable law,Lender's attorneys'fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction),appeals,and any anticipated post-judgment collection services,the cost of searching records,obtaining title reports(Including foreclosure reports),surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee,to the extent permitted by applicable law. Grantor also will pay any court costa,in addition to all other sums provided by law. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Assignment: Amendments. This Assignment,together with any Related Documents,constitutes the entire understanding and agreement of the parties as to the matters set forth in this Assignment. No alteration of or amendment to this Assignment shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Caption Headings. Caption headings in this Assignment era for convenience purposes only and are not to be used to interpret or define the provisions of this Assignment. Governing Law. This Assignment will be governed by federal law applicable to Lender and, to the extent not preempted by federal law,the laws of the State of Washington without regard to its conflicts of law provisions. This Assignment has been accepted by Lender in the State of Washington. Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of Clallam County,State of Washington. Merger. There shall be no merger of the interest or estate created by this assignment with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity,without the written consent of Lender. Interpretation. (l) In all cases where there is more than one Borrower or Grantor,then all words used in this Assignment in the singular shall be deemed to have been used in the plural where the context and construction so regrirn. (2) If more than one person signs this Assignment as'Grantor,'the obligations of each Grantor are joint and several. This means that if Lender brings a lawsuit, Lender may sue any one or more of the Grantors. If Borrower and Grantor are not the same person,Lender need not sue Borrower first,and that Borrower need not be joined in any lawsuit. (3) The names given to paragraphs or sections in this Assignment are for convenience purposes only.They are not to be used to interpret or define the provisions of this Assignment. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Assignment unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Assignment shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Assignment. No prior waiver by Lender,nor any course of dealing between Lender and Grantor,shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Assignment, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and In all cases such consent may be granted or withheld in the sole discretion of Lender. Notices. Subject to applicable law, and except for notice required or allowed by law to be given in another manner, any notice required to be given under this Assignment shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier,or,If mailed,when deposited in the United Stales mail,as first class,certified or registered mail postage prepaid,directed to the addresses shown near the beginning of this Assignment. Any party may change its address for notices under this Assignment by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes,Grantor agrees to keep Lender informed at all times of Grantor's current address. Subject to applicable law,and except for notice required or allowed by law to be given in another manner, if there is more than one Grantor,any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. Powers of Attorney. The various agencies and powers of attorney conveyed on Lender under this Assignment are granted for purposes of security and may not be revoked by Grantor until such time as the same are renounced by Lender. Severabiflty. If a court of competent jurisdiction finds any provision of this Assignment to be illegal, invalid, or unenforceable as to any circumstance, that finding shall not make the offending provision Illegal, invalid, or unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Assignment. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Assignment shall not affect the legality,validity or enforceability of any other provision of this Assignment. Successors and Assigns. Subject to any limitations stated in this Assignment on transfer of Grantor's interest,this Assignment shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested In a person other than Grantor,Lender,without notice to Grantor,may deal with Grantor's successors with reference to this Assignment and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Assignment or liability under the Indebtedness. Time Is of the Essence. Time is of the essence In the performance of this Assignment. Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead exemption laws of the State of Washington as to all Indebtedness secured by this Assignment. Waiver of Right of Redemption. NOTWITHSTANDING ANY OF THE PROVISIONS TO THE CONTRARY CONTAINED IN THIS ASSIGNMENT,GRANTOR HEREBY WAIVES ANY AND ALL RIGHTS OF REDEMPTION FROM SALE UNDER ANY ORDER OR JUDGMENT OF FORECLOSURE ON GRANTOR'S BEHALF AND ON BEHALF OF EACH AND EVERY PERSON,EXCEPT JUDGMENT CREDITORS OF GRANTOR,ACQUIRING ANY INTEREST IN OR TITLE TO THE PROPERTY SUBSEQUENT TO THE DATE OF THIS ASSIGNMENT. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Assignment. Unless specifically stated to the contrary,all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural • S 11111111111111 III 11111111111 IllII!IIJIIJ II Ifl1! !!f 174 Jefferson County nud FIRST AMERICAN TITLE 24°3148130011:355 ASSIGNMENT OF RENTS (Continued) Page 5 shall include the singular,as the context may require. Words and terms not otherwise defined in this Assignment shall have the meanings attributed to such terms in the Uniform Commercial Code: Assignment. The word'Assignment'means this ASSIGNMENT OF RENTS,as this ASSIGNMENT OF RENTS may be amended or modified from time to time,together with all exhibits and schedules attached to this ASSIGNMENT OF RENTS from time to time. Borrower. The word'Borrower'means LASSEN PROPERTIES LLC. Default. The word'Default'means the Default set forth in this Assignment in the section titled'Default'. Event of Default. The words'Event of Default'mean any of the events of default set forth in this Assignment in the default section of this Assignment. Grantor. The word'Grantor'means LASSEN PROPERTIES LLC, Guarantor. The word 'Guarantor' means any guarantor, surety, or accommodation party of any or all of the Indebtedness. Guaranty. The word 'Guaranty' means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or part of the Note. Indebtedness. The word 'Indebtedness" means all principal, interest, and other amounts, costs end expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's obligations under this Assignment,together with interest on such amounts as provided in this Assignment. Lender. The word'Lender'means Frontier Bank,its successors and assigns. Note. The word 'Note' means the promissory note dated August 25, 2008, in the original principal amount of $532,000.00 from Grantor to Lender,together with all renewals of,extensions of,modifications of,refinancings of,consolidations of,and substitutions for the promissory note or agreement. Property. The word 'Property' means all of Grantor's right, tide and interest in and to all the Property as described in the'Assignment'section of this Assignment. Related Documents. The words 'Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing,executed in connection with the Indebtedness. Rents. The word"Rents'means all of Grantor's present and future rights,title and interest in,to and under any and all present and future leases, including, without limitation, all rents, revenue, income, issues, royalties, bonuses,accounts receivable,cash or security deposits,advance rentals,profits end proceeds from the Property, and other payments and benefits derived or to be derived from such leases of every kind and nature,whether due now or later,including without limitation Grantor's right to enforce such leases and to receive and collect payment and proceeds thereunder. THE UNDERSIGNED ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS ASSIGNMENT, AND NOT PERSONALLY BUT AS AN AUTHORIZED SIGNER,HAS CAUSED THIS ASSIGNMENT TO BE SIGNED AND EXECUTED ON BEHALF OF GRANTOR ON AUGUST 2S.2008. GRANTOR: LASSEN ' Osr' j' -/ By.MAR''LASSEN,Ma ger of LASSEN PROPERTIES LLC By: , �, C 'ISTIN LASSEN,Member of LASSEN PROPERTIE LLC LIMITED LIABILITY COMPANY ACKNOWLEDGMENT Nq►rN+hqr, ( � r � .4\4,pA. WFFp°o STATE OF �1 ` �,U t 1 1 :p� �a E x ��S ISS `Q:��tp' %rn:.r�i COUNTYQ_,V)4,� I 9U: �/e \G nr:gi 0? On this day oOCt ` ' s�!S.r�r ,20 O .befor4d11 Notary Pubic,personally appeared MARC 1.1..A 'EN,Manager of LASSEN PROPERTIES LLC an lul Member of LASSEN PROPERTIES LLC, and personally known to me or proved to me on the baa�rot■patisftlbtory evidence to be members or designated agents of the limited liability company that executed the ASSIGNMENT OF RENTS and acknowledged the Assignment to be the free and voluntary act and deed of the limited liability company,by autho' of statute,its articles of organization or its operating agreement,for the uses end purposes therein mentioned, and.n o.th stated that they are authorized to execute Assignment and in fact executed the Assignment on behalf of e li it=d liability compan ///y ) �/� y i'' I I� I Alil Residingaaat, i I Y I ��j Notary Public in and for the State of , , My commission expires /) ,�'7/ / 111111 111311111L111I115369109/03/2008 4 35R Jefferson County Aud FIRST AMERICAN TITLE ASR 48.00 ASSIGNMENT OF RENTS (Continued) Page 6 LASER PRO Lending,Ver.5.41.00.004 Copr.Harland Financial Solutions,Inc. 1997,2008. All Rights Reserved. - WA C:\CFI\LPL\GI4.FC TR-54143 PR-COMRLOC x 3111111111111\1111174!6790flE71 asRTITLE 0910342008 11 35A Jefferson County Aud FIRST AMERICAN 48 00 Parcel A: That portion of the Northwest 1/4 of the Southeast Y4 of Section 34,Township 30 North,Range 2 West, W.M.,described as follows: Beginning at the Southeast corner of the Northeast'/.of said Section 34; thence Westerly along the centerline of said Section a distance of 2,640.00 feet to the Northwest corner of the Northwest 1/4 of the Southeast'A; thence South 30 feet to the true point of beginning; thence South along the centerline of said Section,300.00 feet more or less to the Northerly boundary of the New State Highway(U.S.Highway 101),as conveyed to the State of Washington by deed recorded December 24,1946 under Auditor's File No.109033; thence Easterly along said Highway,355 feet more or less to the West line of that certain tract conveyed by deed recorded under Jefferson County Auditor's File No.177728; thence Northerly along the West line of said tract,325 feet more or less to the South line of the Old State Highway(County Road No.102); thence Westerly along the South line of said road 345 feet to the true point of beginning; g; Together with that portion of vacated County Road No.102 which would attach by operation of law; Excepting therefrom right-of-way of Gardiner Beach Road Loop(County Road No. 104-0.22). Parcel B: That portion of the Northeast 1/4 of the Southwest'/of Section 34,Township 30 North,Range 2 West, W.M.,Jefferson County,Washington,lying Southerly of Old State Road No.9(now a county road)and Northerly of the Northerly margin of State Road No.9; EXCEPT that portion thereof described as follows: Beginning at the point of intersection of the Southerly line of said Old State Road No.9 with the Northerly margin of Stale Road No.9; thence Easterly,along said Northerly margin,220 feet; thence North 48 feet,more or less,to the said Southerly line of Old State Road No.9; thence Westerly,along said Southerly line to the point of beginning; AND EXCEPT that portion thereof conveyed to Maurice R.Hull et ux by deed dated November 12, 1963 and recorded under Auditor's File No.177769,described as follows: Beginning at a point which is 2,715.4 feet East of the West'/.corner of said East-West centerline of said Section; thence South along the North-South centerline 2°15'East,a distance of 251.6 feet to the intersection of this line and the North line of the right-of-way of United States Highway 101; thence Northwesterly along the right-of-way of said Highway,a distance of 50 feet; thence North 11°24'East,a distance of 247.15 feet,more or less,to the Point of Beginning. All situate in the County of Jefferson,State of Washington. to f 4 0 v 0 x 1Ma O 0 _0 C Z5 --y cu co N x o `o E 3d Id 0� N� A" N D 0 _ O 0 0_=- Q' w = O �-- O O <A - o * U ..cO O cu Q0 S O to .Q +� o n O CB 0 p p Q) 1' in N) C C.D. M C N O !3 O Q c - a) .0 r- 0-:._. cri • III11IIJj. 1111111111 • • U L. Lc-5 c� Q t0 OU .C{ O * 2 Q Q i- S�,\G� O Q S O F— M O p, Q NQ ZOl �� O ~ LOOct X N G� 14-1 �QS001- f' • � ui3 O r' _ O M N t-I N x 3 OQ1D O i- M 3 � 2 Z. � 0C3#� scRs CC D �'!° 0 � 0 J O r r c c c 0 0 M 1-M M N X 0< 0 1- Form No. 1068-2 ALTA Plain Language Commitment NI First American Title Insurance Company PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information — particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing,the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. ©2001 The First American Corporation •All Rights Reserved First American Title Form No.1755 Commitment,Conditions and Stipulations 1100115U010100 COMMITMENT Conditions and Stipulations 1. The term "mortgage," when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect,lien,encumbrance,adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof,and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or(c) to acquire or create the estate of interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the Insuring provisions, exclusion from coverage, and the Conditions and Stipulations of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest or the lien of the insured mortgage covered hereby or any action asserting such claim, shall be restricted to the provisions and conditions and stipulations of this Commitment. �;`p :monnnmuunuuuounmu1gpmilN1Nmlm1gpolUaBmuIImxImmmIumn MMIIM nununuixm!tom bl e CZ rniC:1, I s = lir?/ E \1) ttitt r. t dit \,tt O ) .141 E S H "Iga• II 7. V. , so` s i . :,,'''4' iv 05:4,:4 / Is....4 a 1 * ,,s 04 -\\." r....., .1 . ,,,,o , , I I 1. %Poe \\‘` C..) E.. 0 .,,,,,4 3 7. 111 r. ) A OVA nixmemnnuouunnnuuimxmmuomnuounmmoiumemlmmMmilli mil illiiuuumunuunuu •���� t% Page 1 of 1 Michelle Farfan From: Michelle Farfan Sent: Tuesday, November 10, 2009 4:24 PM To: 'Patty Haas' Subject: RE: United Telephone/Lassen Properties BLA Here is one comment I received from the Assessor's: "The acreage of Parcel C will not match the Assessor's acreage since we will reduce the acreage for Gardiner Beach Road. Even though the road appears to be "un-deeded", it still exists as a county usage road and therefore the approximate acreage of the road is removed from the landowners acreage. The surveyor may wish to revise note 8 to reflect this." Let me know what your thoughts are on this.... Michelle Farfan Associate Planner, FHM Lead Dept. of Community Development 621 Sheridan port Townsend WA 98368 Mfarfan@cojefferson.wa.us 360-379-4457 360-379-443 (fax) All voice messages and e-mails received by Jefferson County may be subject to Public Disclosure under Chapter 42.56 RCW. Please note that DCD hours changed as of December 1, 2008. Our office is open to the public 9:0o am - 4:30 pm Monday to Thursday and closed on Fridays. From: Patty Haas [mailto:patty@clarkland.com] Sent: Monday, October 26, 2009 3:22 PM To: Michelle Farfan Subject: United Telephone/Lassen Properties BLA Good afternoon Michelle, We were going over our job list today and noticed the boundary line adjustment for United Telephone and Lassen which was submitted June 3rd for preliminary approval. We were wondering what the status of that project is. Thanks for your help! Patty Patty Haas Clark Land Office 935 North 5th Avenue Sequim, WA 98382 360-681-2161 1-888-681-2161 toll free 360-683-5310 fax 11/10/2009 Page 1 of 1 Michelle Farfan From: Pat Perryman Sent: Monday, July 27, 2009 12:46 PM To: Michelle Farfan Subject: MLA09-00184 July 27, 2009 RE: MLA09-00184 United Telephone Company of the Northwest/ Lassen Properties LLC Michelle, After reviewing this Boundary Line Adjustment submitted to us on July 17th, I have only one comment concerning this proposed action. The acreage of Parcel C will not match the Assessor's acreage since we will reduce the acreage for Gardiner Beach Road. Even though the road appears to be "un-deeded", it still exists as a county usage road and therefore the approximate acreage of the road is removed from the landowners acreage. The surveyor may wish to revise note 8 to reflect this or may not, it is not an issue to me. Sherrie Shold is in the middle of reval but will send her comments as soon as possible. If you have any questions or comments, please do not hesitate to contact me. Thanks, Pat Pat Perryman P. 0. Box 1220 Port Townsend, WA 98368 (360)385-9365 or (360)385-9222 e-mail pperryman@co.jefferson.wa.us 8/13/2009 July 16, 2009 Dear ewer, Ci)(i RE: MLA09-00184 Jefferson County has forwarded the attached application to you for review and comment because your agency is responsible for determining compliance with state and federal requirements or may otherwise be affected by the following proposal: BOUNDARY LINE ADJUSTMENT Location: Parcel number 002 243 004, 002 343 006, 002 344 007, Section 34, Township 30N, Range 2W, WM, located at 80 Gardiner Beach Road, Sequim 98382 Comments must be received within fourteen (14) calendar days or by July 30,2009. If no written response has been received within fourteen (14) days,your agency will be presumed to have no comments. If necessary,the UDC administrator may grant an extension of time for comment. Please contact at (360)379-4450 if you desire an extension of time or have additional questions regarding this proposal. Thank you in advance for your attention to this matter. Sincerely, 41)/AVV.11) -Q J t c: , ii , R H C E WE D .001Nr 4, "6, JEFFERSON COUNTY erNi DEPARTMENT OF COMMUNITY'DEVELOPMENT JUN - 3 2UuJ ' -,. 621 Sheridan Street•Port Townsend •Washington 98368 lL( 0 360/379-4450.800/831-2678• 360/379-4451 Fax f E 1J t, i!t i I O t,D Boundary Line Adjustment(BLA) Supplemental Application MLA# Vq" l i)9' PROJECT/APPLICANT NAME: L A SSE-J•4 PR-OPER-TIES/ a. •. - -SW- assa. . . e- \ • a' est Boundary Line Adjustment Submittal Requirements u A completed Master Permit Application.Representative authorization is required if application is not signed by owner. Boundary Line Adjustment application fee,as set forth in the Jefferson County Fee Ordinance,as amended. ❑ a. A single application may be submitted for multiple BLAs for adjacent parcels,lots,tracts or sites within a binding site plan. However,standard application fee(s)shall apply to each BLA after the first two per additional parcel,lot,tract or site b.In instances of lot consolidation,standard application fee(s)shall apply based on the number of resulting parcels or lots. Three(3)copies of a dean and legible drawing suitable for recording showing the following: a. The proposed lines for all affected lots,tracts or parcels,indicated by bold solid lines; b. The existing lot,tract or parcel lines proposed to be changed,indicated by light broken lines; c. The location and dimensions of all structures/improvements existing upon the affected lots, tracts or parcels and the distance between each such structure/improvement and the proposed boundary lines, with structures proposed to be removed from the site depicted with broken lines and structures to remain on the site depicted with solid lines; d. A north arrow indication and scale; e. All assessor's tax parcel numbers for the affected lots,tracts or parcels; f. The location of the property as to quarter/quarter section; g. The location and dimensions of any easements within or adjacent to any affected lots,tracts or parcels; h. The location, right-of-way widths, pavement widths and names of all existing or platted streets or roads,whether public or private,and other public ways within or adjacent to the affected lots,tracts or parcels; i. The area and dimensions of each lot prior to and following the proposed adjustment; j. The existing onsite sewage system components and reserve areas and the proposed location for onsite sewage systems and soil test pits for all affected lots that are not currently served by an onsite sewage system or other approved wastewater treatment system; k. The location of all existing and proposed water and storm drainage facilities;and I. The approximate location and extent of any environmentally sensitive areas designated under Article VI-D of Chapter 18.15 JCC,including any flood hazard areas lying within the existing or revised parcel boundaries. The following notice will be recorded on the drawing when the parcels that are part of the Boundary Line Adjustment include, or are adjacent to, Environmentally Sensitive Areas(ESA): Notice to Public: Current Jefferson County geographic information systems(GIS) maps identify the presence of an Environmentally Sensitive Area(ESA)such as stream, wetland,flood, landslide hazard, erosion, aquifer recharge area,fish and wildlife habitat, shoreline, etc., lying within and/or adjacent to the revised parcels encompassed by this Boundary Line Adjustment. Prior to any land disturbing activity or construction activity, applicant/owner shall contact the Jefferson County department of community development regarding compliance for such ESA's. Approval of this Boundary Line Adjustment does not guarantee a buildable site within said parcel(s). Such determination is dependent on approvals of water,septic,bulk and dimensional setbacks,and ESA requirements; m. In cases where the requirement to provide written verification that the resultant lots can accommodate on-site sewage system from the Jefferson County department of environmental health has been waived, the following notice shall be recorded on the drawing: Notice to Public:Approval of this Boundary Line Adjustment does not guarantee a buildable site within said parcel(s). Such determination is dependent on approvals of water, septic, bulk and dimensional setbacks, and ESA requirements. BLA APP.DOC REV 8/4/2606 Parip I 1 El A copy of any Covenants, Conditions and Restrictions (CC&Rs), deed restrictions, or planned rural residential development (PRRD)agreements pertaining to or affecting the property. o If an individual septic system is proposed (i.e., as opposed to connection to either a community drainfield or municipal sewer system),the applicant shall provide written verification from the Jefferson County department of environmental health that the lots,tracts, parcels or sites, as each would exist after the boundary line adjustment, are adequate to accommodate an on-site sewage disposal system. The location of soil logs must be shown on the drawing to show land area sufficient to meet environmental health requirements for each resultant lot, tract, or parcel that does not contain a dwelling. An applicant may choose to apply for a Site Plan Approval Advance Determination(SPAAD)to fulfill this requirement. This requirement shall be waived for resultant parcels that: a. Are larger than 2.5 acres; b. Have existing residential structures;or c. Have limited the use of the resultant parcel to agriculture,forestry,or open space through conservation easements, restrictive covenant,or similar legal arrangement. The Open Space Tax program shall not be used to fulfill this requirement. o The application shall be accompanied by a current(i.e.,within 30 days)title company certification of the following: a. The legal description of the total parcels sought to be adjusted; b. Those individuals or corporations holding an ownership interest and any security interest (such as deeds or trust or mortgages) or any other encumbrances affecting the title of said parcels. Such individuals or corporations shall sign and approve the final survey prior to final approval; c. Any lands to be dedicated shall be confirmed,as being owned in fee title by the owner(s)signing the dedication certificate; d. Any easements or restrictions affecting the properties to be adjusted with a description of purpose and referenced by the auditor's file number and/or recording number;and e. If lands are to be dedicated or conveyed to the county as part of the subdivision,an American Land Title Association (A.L.T.A.)policy may be required by the director of the department of public works. 1. Please provide a brief description of the purpose of the proposed boundary line adjustment. To redefine boundaries to correct an encroachment 2. Please provide Existing Legal Descriptions of all affected lots,tracts or parcels.(Attach additional sheets,if necessary.) Parcel A: See attached Exhibit A Parcel B: See attached Exhibit A Parcel C: Parcel D: BIAAPP.000 REV.8/4/2006 Pana • • 3. Please provide Proposed Legal Descriptions of all affected lots,tracts or parcels.(Attach additional sheets if necessary.) Parcel A: See attached Exhibit B Parcel 13: See attached Exhibit B Parcel C: Parcel D: 4. All owners of the subject properties must sign the application below to signify agreement to the proposed boundary line adjustment. The applicants hereby certify that all of the above statements are true and the plot plan provides an accurate representation of th- proposed boundary line adjustment and the applicants hereby acknowledge that any permit issued o this appli ation may be revoked if any such statement is found to be false. a. 11.1! kA0)( re4 MC Date: / °C‘ LaA---5 5 Epf b. `17,› • (2- °C.).Th c. Date: d. Date: REcEiviE4Tip JuN 3 JEFERSON COUN1Y OCU BLAAPP DOC REV.814/2005 PAno 00 3-vet 00 • Add.:APN00 a 3' 00-1 NAME: Lase Wppeetke3 MLA# CA-' Add.APN SPAAD Category Intake Req's 0 'f itrf • a •. •. • • il ..Cases/Conditions bY Parcel# O ................................................................ . t .. ..... .. . .. err ce :.Plat Maps 0 Oh.O t>li8'•. • ie Assessor Maps-H 0 0 High light parcel on Map �i . _..• ... ... ... ... Parcel ........................................... ................... Tags-H 0 :;0:: 2000 Shoreline Photos 0 0 Left/Mid/Right r?0 tt4 0,4 Shoreline I ne Potygons • 0• ••0 ...1.�... PPSre m v" .s DNR .... ..... .... ... ........................................................ . ..... .... Stream Q 0 to ilii• LFA-Fish 0 .....��....................... ............................. 0 Marbled Murrulets 0 •'.....'O.•......................................:......................,.._.. ._. SpottedOwls 0 0:: .. ................................................................ poR .0lis r1c Priority Habitats and Species 8/06 0 ❑ Type _ �ii�4ttaf Rare Plants-Ec osystems ••0 0 • Type: to..as a rd .......... ............. .. ........... Landsli de Hazard 0 0 .I. �1' .ill 'i�1iss:` s s• Erosion Hazard :•:17W� ::.p� si€isii t tltTe' Agntfeii€.'•than"a Wells-Chloride D 0 No parcel label i!iiMkje.. 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Fri Jul 1. 2009 httn://gimaervcr/scrvlet/cooz.csci.cmrinoap.Eaciooup?ScrviccNoozc~~ovmap&Clicotl7ccaion=4.... 7/17/2009 Map Output Page 1 of 1 002243004/002343006/002344007 002342046 a'c 'r -...._--',' 00234204/ 'cics,.. 002341015 .00234101 101 002341001 +tty 00234+0'.5 002342025 IQ{pl --- Legend 042341063 Th 'ti Selected Feati r— �� 002341054 ` v JC Roads +' 002342058 �'ti SII 002341038 ` - Parcels-Ff /f� i� 'I !'1 i DNR FP Streal 0423420561 I 002342021 :.,„..____00234„ 1063 'r _ — L 002341025 Classification 002342057 , E i� 1 ,f F.Foil Hawet �` . __ 002341062 / 002342016 002342013 7 002 41062 � 11 002341060 002341061 A/ N N<trisnMattes '^— —L_I 42342014 i i I �4� No•Nar�aer Mao -c�..- — 002342016 ,( I� - --�-i-� i 1 r' /./ Ns.Nowise HAW fdIRIlP i1, T—r •Jr S krra eo sal S 00234=14 f -____ _ ________. A ,��, � DNR Streams t ^-___ 002344037 1 Type 9 _ 002344009 !� ( Types __ 002344008 Typo �� 1 002344006 1002344013 r~ Tow 3 002344012 f' Tyne 2 VS /4/ Type 1 II js/ DNR Water Bo 0023430011', ° 1 III F 002343407 se - ■ N I 002344003 1111S r'' 002343007 n No Oe:�rmwi 04237,9:'.1 �f LFA-Fish A002343009 I Boundaries Maps mroded W• -cn Carers Cta Ser mm GS . MIIIIIIIIIIIIIIIIIII 1 I Carty 'IN?or EOtter Cameos FOR INFORMATIONAL PURPOSES ONLY- Jefferson County does not attest to the accuracy of the data contained herein and makes no warranty with respec correctness or validity. Data contained in this map is limited by the method and accuracy of its collection. Fri Jul 1. 2009 http://gisserver/servlet/com.esri.esrimap.Esrimap?ServiceName=ovmap&ClientVersion=4.... 7/17/2009 Map Output Page 1 of 1 002243004/002343006/002344007 00234204b: i i ,#20� 002342047', 'i �f/vr _02341043 00234100! t r 401341001 002342025 r VY --5 �I 00234101 -�___�_ 042341063, ', ''i ,f ��II 002341054 I I. x2342.058 -.._ 111, .,ii 3'8 442341411.111 1 r ! 002342021 i 002341063 r - 002342056 i ;ti _. i r - 042341025 / 002342457 1 I~`V ! --r— 402341052 ill ?f ��f 002342016 002342013 11,, j 002341062 II 11 002341060 002341061 Legend _ —L— I 002342014 '', 1 ; i II Selected Feat! �- �_ —1 002342015 �' i ��i JC Roads 002343005 - — �� -,-. i^ { Otd 6ardu Rd -----' �-—_i___i s—_ n Parcels-H 002343004 C ... ___ _ _ uc fib; I--- Sons-F! 002343006 00234'4007 �r I �s D soils -� ib2344049-t----.-- - _ S'' 002344006 Jailersm Carry � 002344007 002344008 W -- 002344412 El Oster Came 002344013 I Us Icv 002343001 vr� '` w ) _,S' _002343007 �I -�„ �- 002344003 iI ` 002343007;'; 002344014 .‘ i A , 0023430x34 �Icc prar,O.d aY.v.Mer•oi Corry Cauca Se-eocr GIS C. •18'11 FOR INFORMATIONAL PURPOSES ONLY- Jefferson County does not attest to the accuracy of the data contained herein and makes no warranty with respec correctness or validity. Data contained in this map is limited by the method and accuracy of its collection. Fri Jul 1. 2009 http://gisserver/servlet/com.esri.esrimap.Esrimap?ServiceName=ovmap&ClientVersion=4.... 7/17/2009 Map Output Page 1 of 1 002243004/002343006/002344007 41, 111111 Legend Selected Feati _r c• -: JC Roads Parcels-}t ® Marbled Mune' Heritage Point Spotted owls _. .._._. l.'Ivi r 1 ?I r1P.! * Bald Eagle Ne Qa Bald Eagle Bu 1320 91ts 807 ar StlQ9sne S. Es Priority Habitat _�=•t to : Species 8/06 Boundaries .A. n ism cant. 002343401 ,vim ¢ D o:er Carries L4 002343(,. 42 I 002343001 402344014 002343009 loos waodod vy.rdtersm Canty Cerra Serowe!.dS 481st FOR INFORMATIONAL PURPOSES ONLY- Jefferson County does not attest to the accuracy of the data contained herein and makes no warranty with respec correctness or validity. Data contained in this map is limited by the method and accuracy of its collection. Fri Jul 1. 2009 http://gisserver/servlet/com.esri.esrimap.Esrimap?ServiceName=ovmap&ClientVersion=47/17/2009 Map Output Page 1 of 1 002243004/002343006/002344007 "Ju2-,11.-.I6 , a, , . _ Ito . ' . ., aF Ce.:43,1"....,0' 4, '... .. ... Ili ..p,c, 13,14...eb 1 ' 'dial."P.- , g ti4 ..'i" .: . .. V . • Iii-- ,I :. I 11 . it:$,„• ' 0 ilr''''' . . # - ‘,144. ' 1 ..2 34z.z Legend 1 JC Roads P., . .. Parcels-11 1 ,__ , A. A -LI 1 np.I-Qr.? 2006 Aerial Pt Boundaries It .........:.!-.12,_•_-1 , ' .„..I, . „,!., . . i , ,_ . .,... 4 Ili a VI , 04111011. . If ; ' ---1,16., • ,. . ... ,...., t"..1 pt. , ..f.t .4. . .... •0, ..4...-t vi 44 _P..* .1` - ' ; * ' -.„ '-,, * .4.,-,..' •* '4.2116,it"iy.,'. -,. .•,,4-,1. : t _ -'t 1%4 . - t. •(.- 4- . a - . 4 ,.'Y N.,. *- ".. 't . “ 1 , a,R v 4 ,t4. - ,44, 4 4 t,,q• :--i-. ' ,,,,, -, 4,- ,1,04;411. -„_.; 4, 4 . s.jit sli ' •4 4 . ,r ...-. Ilir-14 e. .4. ;_j ir, ,„ , ,..9.. *'i'' t ,.r$ *,,.._it 10, * , 4 , -A; • ,%,, i l'hli k ., ..-...**0, .r.., ' ' ,S'• , ,1.411,, ' (1`''‘"'1-''''' .,tit- Ilk.„4.1.". ' '7'34.20 3 tg. •''', 141Pt.' .'„Iir .mr.,* SIC 441M5 praocksdy„etrsai cast,Centra Sc.-cel,GIS ............tam.. -.yr- - FOR INFORMATIONAL PURPOSES ONLY- Jefferson County does not attest to the accuracy of the data contained herein and makes no warranty with respec correctness or validity. Data contained in this map is limited by the method and accuracy of its collection. Fri Jul 1. 2009 http://gisserver/servlet/com.esri.esrimap.Esrimap?ServiceName=ovmap&ClientVersion=4.... 7/17/2009 July 16, 2009 LASSEN PROPERTIES LLC 275953 HIGHWAY 101 SEQUIM WA 98382-8758 RE: SITE ADDRESS: 1460 OLD GARDINER RD MLA#: MLA09-00184 Dear LASSEN PROPERTIES LLC: Jefferson County Department of Community Development staff have reviewed the application materials for the above project proposal and have determined that the application is substantially complete. Additional information needed for project review may be requested in writing by the Director or Project Planner. Please call the Department of Community Development if you have any questions. Sincerely, Department of Community Development Staff c: File CLARK LAND OFFICE JIM ALMADEN PO BOX 2199 SEQUIM WA 98382 July 16, 2009 Dear Reviewer, RE: MLA09-00184 Jefferson County has forwarded the attached application to you for review and comment because your agency is responsible for determining compliance with state and federal requirements or may otherwise be affected by the following proposal: BOUNDARY LINE ADJUSTMENT Location: Parcel number 002 243 004, 002 343 006, 002 344 007, Section 34, Township 30N, Range 2W, WM, located at 80 Gardiner Beach Road, Sequim 98382 Comments must be received within fourteen (14) calendar days or by July 30,2009. If no written response has been received within fourteen (14) days, your agency will be presumed to have no comments. If necessary,the UDC administrator may grant an extension of time for comment. Please contact at (360)379-4450 if you desire an extension of time or have additional questions regarding this proposal. Thank you in advance for your attention to this matter. Sincerely, c: LAND SURVEYING 935 North Fifth Avenue • P.O.Box 2199 MAPPING If Sequim, Washington 98382 DEVELOPMENT CONSULTING Office(360)681-2161 • Fax(360)683-5310 LCONSTRUCTION MANAGEMENTOFFICE Toll Free 1-888-681-2161 • E-mail:info@clarkland.com RECEIVED JUN — 3 2LJJ LETTER OF TRANSMITTAL JEEEED ° COUNTY DCI To: Jefferson Co. Dept. of Comm. Dev. Date: June 3, 2009 621 Sheridan Street Re: United Telephone/Lassen Port Townsend, Washington 98368 Boundary Line Adjustment Enclosed are the following items: Copies Date Description 1 ea. 5/8,18/09 Original signed Master Permit Application(2 sheets), Boundary Line Adjustment Supplemental Application and Statement of Intent 1 6/2/09 Plat Certificate and Supplemental#1 1 Copy of completed and signed Excise Tax Affidavit 4 Preliminary Boundary Line Adjustment Map (3 full size, 1 reduced) 5/11/09 Check payable to Jefferson County in the amount of$639.00 for the application fee Remarks: When this is approved and the Statement of Intent is signed,please return the original to our office so we can record it with the Auditor. I have also included a copy of the email from Michelle Farfan stating that no soils logs are needed for this application. Thank you. Please feel free to call if you have any questions. Copies to: Signed Ia_L Patty Haas-' r , 1 0"C r •f'ii_7.;...Jf._s-._,„ort CaN-,.o JEFFERSON COUNTY ' ,., DEPARTMENT OF COMMUNITY DEVELOPMENT ,(\ '' 621 Sheridan Street• Port Townsend •Washington 98368 3601379-4450• 3601379-4451 Fex' ' www.co.jefferson.wa,us/commdevelopment Master Permit Application MLA: Lia- 1 S4 Project Description(include separate sheets as necessary): , Boundary Line Adjustment ``' {( I 1,)j V t.` Tax Parcel Number. 002343004, 002343006, 002344007 Property Size: 5.42 Acres (acres/square feet) Site Address and/or Directions to Property: 1460 Old Gardiner Road, 80 Gardiner Beach Road Property Owner(s)of Record: Lassen Properties, LLC,United Telephone Company of the Northwest . Telephone:379-9378 (Atty for Un. Tel.) Fax: 379-9377 emaii: Mailing Address: 211 Taylor St.,Ste. 404-B, Port Townsend,WA 98368 (Malcolm Harris,Attorney) Applicant/Agent(if different from owner) Clark Land Office,Jim Almaden Telephone: 360-6$1-2161 Fax: 360-683-5310 email: Mailing Address: P. O. Box 2199.Sequim,WA 98382 What kind of Permit?(Check each box that applies 0 Lot or Road Segregation ❑Building ❑Critical Areas Stewardship Plan O Demolition Permit 0 Variance(Minor,Major or Reasonable Economic Use) 0 Single Family El Garage Attached I Detached 0 Conditional Use[C(a),C(d),or Cj** ❑ Manufactured Flame . 0 Modular • • •.• = 0 Discretionary"D”or Unnamed Use Classification El Commercial* 0 Special Use(Essential Public Facilities)** ❑ Change of Use Boundary Line Adjustment ❑ Address ❑Road Approach ❑Short Plat** ❑Home Business 0 Cottage Industry p Binding Site Plan*" 0 Propane ❑Long Plat** 0 Sign • -- • • : ❑Planned Rural Residential Development(PRRD)Amehdrnents*" s ❑Allowed"Yes"Use Consistency Analysis 0 Plat Vacation/Alteration'` . 0 Stormwater Management 0 Shoreline Master Program Exemption/Permit Revisions'`* 0 Site Plan Approval Advance Determination(SPAAD)* O'Shoreline Management Substantial Development*" 0 Temporary Use ❑Shoreline Management Variance ❑Wireless Telecommunication* ❑Comprehensive Plan/UDC/Land Use District Map Amendment ❑Forest Practices Act/Release of Six-Year Moratorium CI Jefferson County Shoreline Master Program Amendment *May require a Pre-Application Conference 0 Tree Vegetation Request **Requires a Pre-Application Conference Please identify any other local,state or federal permits required for this proposal,if known: DESIGNATION OF AGENT I hereby designate lark Land ffice to act my agent in matters relating to this;application for pemilt(s). QINNER SIGNATURE I` t J ,X1/41•0"\"&--31'\\ Date: S--lc- 0� By signing this application form, he owner/agent attests thatlthe information provided herein,and in any attachments,is true and correct to the best of his,her or its knowledge. Any tenial falsehood or any omission of a material fact made by the owner/agent with respect to this application packet may result in this permit being n l and void. I further agree to save,indemnify and hold harmless Jefferson County against all liabilities,judgments,court costs,reasonable attorney's fees and expenses which may in any way accrue against Jefferson County as a result of or in consequence of the granting of this permit I,further agree to provide access and ri• t of entry to Jefferson County and its employees,representatives or agents for the sole purpose of application review and any require, later inspe.'. s. Staff's access and right of entry will be assumed unless the applicant informs the County in writing at the time of the application, at he or r wanteprior notice, q Signature 1"'5 ' K +� c Date: 0, O f\.. The action or actions Ai'licant will undertake as a result of the issuance of this permit may negatively impact upon,one or more threatened or endangered species and',.uld lead to a potential take"of an endangered species as those terms are definedin the federal law known as the `Endangered Species A. or'ESA.'Je"r=rson County makes no assurances to the applicant that the actions that will be undertaken because this permit has been issued will not violet. e ESA. Any individual,group or agency can file a lawsuit on behalf of an endangered species regarding your action(s)even if yo are in co plia..-witk the Jefferson County development code.The Applicant acknowledges that he,she or it holds individual and non-transferabi responsi•li, . adhe'ng to ani .mplying ith t e '. he Applicant has read this disclaimer and sips and dates it below, Signature: AL11 A 1 c, a\ 1 • Date: 3'-t` 0�1 '1 i G:\PermitCenter\###F 0' ###\DRD FORMS\Current DRD Forms\Master Permit Application 5-29-O8.doc g, oN co - , 0 Z � , JEFFERSON COUNTY - k ,,3 DEPARTMENT OF COMMUNITY DEVELOPMENT 7,,,,-I 'N '' ' 621 Sheridan Street• Port Townsend•Washington 98368 3601379-44 • 3 F " ") www-co.jefferson.wa503601uslcommd79-4451evelopment Master Permit Application 46. MLA: Qct- I Q Project Description(include separate sheets as necessary): Boundary Line Adjustment Tax Parcel Number: 002343004, 002343006, 002344007 Property Size: 5.42 Acres (acres/square feet) Site Address and/or Directions to Property: 1460 Old Gardiner Road, 80 Gardiner Beach Road Property Owner(s)of Record: Lassen Properties, LLC,United Telephone Company of the Northwest . Telephone:379-9378 (Atty for Un. Tel.) Fax: 379-9377 email: Mailing Address: 211 Taylor St.,Ste. 404-B, Port Townsend,WA 98368 (Malcolm Harris,Attorney) Applicant/Agent(if different from owner): Clark Land Office, Jim Almaden Telephone: 360-681-2161 Fax: 360-683-5310 email: Mailing Address: P. O. Box 2199,Sequim,WA 98382 What kind of Permit?(Check each box that applies Ct Lot or Road Segregation ❑Building, ❑Critical Areas Stewardship Plan ❑ Demolition Permit ❑Variance(Minor,Major or Reasonable Economic Use) ❑Single Family 0 Garage .Attached/Detached 0 Conditional Use YC(a),C(d),or C]** ❑ Manufactured Home , .0 Modular . - 0 Discretionary"D"or Unnamed Use Classification O Commercial* • 0 Special Use(Essential Public Facilities)** ❑ Change of Use N Boundary Line Adjustment ❑ Address 0 Road Approach 0 Short Plat** ❑Home Business 0 Cottage Industry ❑Binding Site Plan** 0 Propane ❑Long Plat** 0 Sign . -- ., ' , 0 Planned Rural Residential Development(PRRD)/Amehdments** ❑Allowed"Yes"Use Consistency Analysis 0 Plat Vacation/Alteration"* ❑Stormwater Management ❑Shoreline Master Program Exemption/Permit Revisions** ❑Site Plan Approval Advance Determination(SPAAD)* 0 Shoreline Management Substantial Development-- 1J Temporary Use - 0 Shoreline Management Variance 0 Wireless Telecommunication* 0 Comprehensive Plan/UDC/Land Use District Map Amendment ❑Forest Practices Act/Release of Six-Year Moratorium ❑Jefferson County Shoreline Master Program Amendment *May require a Pre-Application Conference 0 Tree Vegetation Request **Requires a Pre-Application Conference Please identify any other local,state or federal permits required for this,proposal,if known: DESIGNATION OF AGENT I hereby designate Cla t,afrd Office to act as my agent in matters relating to this application forpermit(s). OWNERstate or fAIIIW_ Date: By signing this application form,the owner/agent attests that the information provided herein,and in any attachments,is true and correct to the best of his,her or its knowledge- Any material falsehood or any omission of a material fact made by the owner/agent with respect to this application packet may result in this permit being null and void. . I further agree to save,indemnify and hold harmless Jefferson County against all liabilities,judgments,court costs,reasonable attorneys fees and expenses which may in any way accrue against Jefferson County as - ult of or in consequence of the granting of this permit. t further agree to provide access and right of entry to J on Coun. ,e. its employees,representatives or agents for the sole purpose of application review and any required later inspections. Staffs a and.rigfi try will be assumed unless the applicant Informs the County in writing at the time of the application t he orshe wan prio notice. • g w — - _ " fir _ Signature: --- Date: The action or actions Applicant will undertake as a result of the issuance of this permit may negatively impact upon one or more threatened or endangered species and could lead to a potential"take"of an endangered species as those terms are defined,in the federal law known as the "Endangered Species Act"or''ESA."Jefferson County makes no assurances to the applicant that the actions that will be undertaken because this permit has been issued will not violate the ESA. Any individual,group or agency can file a lawsuit on behalf of an endangered species regarding your action(s)even if you are ine%P pliance with the Jefferson County development code.The Applicant acknowledges that he,she or it holds individual and non-tranferable,re =ibility for adhering to and complying with the ESA. The Applicant has read this disclaimer andsigns and dates it below. Signature: w.. / -• Date: /`,r lam. G:\PermitCenter\###FORMS###\DRD FORMS\Current DRD Forms\Master Permit Application 5-29-08.doc c 0 ?y ter*?1partment of evenue EXCISE TAX AFFIDAVIT vct;�elgstow REAL ESTATEThis form is your receipt PLEASE TYPE OR PRINT CHAPTER 82.45 RCW—CHAPTER 458-61A WAC when stamped by cashier. THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED (See back of last page for instructions) ['Check box if partial sale of property If multiple owners,list percentage of ownership next to name. © Name United Telephone Company of the Northwest ® Name Lassen Properties,LLC Lassen Properties,LLC United Telephone Company of the Northwest C a 2 Mailing Address(ad� Pc...)CP urvi VArkl i&) Mailing Address 2. 7 �� � ` City/State/Zip �t t)Cer ! U,.] CQCe03 t c4 City/State/Zip c? v t 9 Phone No.(including area code) i).%- 3010- 2726I Phone No.(including area code --?(00 - 9 7 - -130 0 Send all property tax correspondence to:r]✓ Same as Buyer/Grantee List all real arid personal property tax parcel account List assessed value(s) numbers-check box if personal property Name 002 343 004 0 Mailing Address 002 343 006 City/State/Zip 002 344 007 1 Phone No.(including arca code) n Street address of property: This property is located in Jefferson County 0 Check box if any of the listed parcels are being segregated from a larger parcel. a V1y�t Legal description of property(if more space is needed,you may attach a separate sheet to each pa o frrjt See Attached UN -- .,' i; t?v+tr s.. 1`3er SiT r�� 7 tj ©Select Land Use Code(s): List all personal property(tangible and intangib1ertncluded in selling 91-Undeveloped land(land only) price. enter any additional codes: 11,53 N/A (See back of last page for instructions) YES NO Is this property exempt from property tax per chapter 0 53 84.36 RCW(nonprofit organization)? 13 YES NO If claiming an exemption,list WAC number and reason for exemption: Is this property designated as forest landper chapter 84.33 RCW? ❑ 0 Isthis propertyclassifiedascunentuse(openspace,fainand ❑ ❑ WAC No.(Section/Subsection) 458-61A-109 agricultural,or timber)land per chapter 84.34? Reason for exemption Is this property receiving special valuation as historical property 0 0 Boundary Line Adjustment per chapter 84.26 RCW? If any answers are yes,complete as instructed below. (1)NOTICE OF CONTINUANCE(FOREST LAND ORCURRENTUSE) Type of Document Statement of Intent NEW OWNER(S):To continue the current designation as forest land or classification as current use(open space,farm and agriculture,or timber) Date of Document land,you must sign on(3)below.The county assessor must then determine Gross Selling Price $ if the land transferred continues to quality and will indicate by signing below. If the land no longer qualifies or you do not wish to continue the designation *Personal Property(deduct) $ or classification,it will be removed and the compensating or additional taxes Exemption Claimed(deduct) $ will be due and payable by the seller or transferor at the time of sale.(RCW 84.33.140 or RCW 84.34.108).Prior to signing(3)below,you may contact Taxable Selling Price $ 0.00 your local county assessor for more information. Excise Tax: State $ 0.00 This land 0 does ❑does not qualify for continuance. 0.0050 Local $ 0.00 *Delinquent Interest: State $ DEPUTY ASSESSOR DATE Local $ (2)NOTICE OF COMPLIANCE(HISTORIC PROPERTY) *Delinquent Penalty $ NEW OWNER(S):To continue special valuation as historic property, sign(3)below.If the new owner(s)does not wish to continue,all Subtotal $ 0.00 additional tax calculated pursuant to chapter 84.26 RCW,shall be due *State Technology Fee $ 5.00 and payable by the seller or transferor at the time of sale. (3) OWNER(S)SIGNATURE *Affidavit Processing Fee $ Total Due $ 10.00 PRINT NAME A MINIMUM OF$10.00 IS DUE IN FEE(S)AND/OR TAX *SEE INSTRUCTIIOO 'S 111 I CE IFY UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CO.447.•. Signature of NiatAi. �J,�Signature of Grantor or Grantor's A eat /‘A1 t +,-''"'"Grantee or Grantee's Ag:.tName(print) -)004-S - (\ �t t '• .Crv� Name(print) ! /1 t.�/� 4-��`tq 40 t Date&city of signing: 5 Ot` ` N`tMJ r6 `(S Date&city of signing: 5 t Zi'Q ! c`ro ewer—, w&" Perjury:Perjury is a class C felony which is punishable by imprisonment in the state correctional institution for a maximum term of not more than five years,or by a fine in an amount fixed by the court of not more than five thousand dollars($5,000.00),or by both imprisonment and fine(RCW 9A.20.020(IC)). REV 84 0001a(1/29/09) THIS SPACE-TREASURER'S USE ONLY COUNTY TREASURER • 4 00 p -0 � e�z= ...(0 STon Q '1 tb' n` �� ? b �01Q:, ,. fill • yx< i ? 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O O CA v —— a cv' CO Ex rn 3 �, o _ ' x w o z m m o x D nom -{�qv \\TED ry ; JJJ...ddd JERKIN COUNTY ECD Page 1 of 2 Shane Stewart From: "Michelle Farfan" <mfarfan@co.jefferson.wa.us> To: "Shane Stewart"<shane@clarkland.com> Sent: Wednesday,April 22,2009 10:29 AM Subject: RE: BLA question Hi Shane: I just brought this to our DRO meeting and the Administrator's decision is no soil logs needed for this BLA. You may want to add this email to the application so the Techs out front know not to charge for the EH review. Regards, Michelle farfan RECEIVED Associate Planner, fHM Lead Dept. of Community Development JUN - 3 MS 622 Sheridan port Townsend WA 98368 MEN CUti 1 DCD mfarfan@co.jefferson.wa.us 36O-379-1f'f57 36o-379-rfc73 (Fax) All e-mails sent to this address will be received by the Jefferson County e-mail system and may be subject to Public Disclosure under Chapter tf2.56 RCW- Please note that DCD hours changed as of December 2, 2008. Our office is open to the public 9:00 am - it:30 pm Monday to Thursday and closed on Fridays. From: Shane Stewart[mailto:shane@clarkland.com] Sent:Tuesday, March 31, 2009 8:33 AM To: Michelle Farfan Subject: BLA question Hi Michelle, We are going to be submitting a BLA in the next few days (hopefully) and I had a question about it that I was hoping you could help me with. It involves three parcels (002343004, 002343006 & 002344007).The situation is that the smallest parcel is owned by Embarq Corporation and it is a under 0.2 acres in size.The original legal description for the parcel is full of errors and basically puts the property in the wrong location based on the location of their equipment. So the purpose of the BLA is to rectify defects in an existing legal description. The property contains existing communication equipment and is used for that purpose alone.The question that I have is,do we need to do septic holes on this parcel since it is under the 2.5 acres?I know that in most cases we would, but I was 4/22/2009 i Page 2 of 2 wondering if there was any way around doing it since it is not really a buildable parcel due to its odd shape and is not intended to be a residential property. I have attached a preliminary copy of the map so you can see what I am talking about. I know you are very busy and hate to bother you with this, but I figured you would be the best person to talk to. I appreciate any help with this. Thanks, Shane Shane Stewart, PLS Clark Land Office P. O. Box 2199 Sequim, WA 98382 360-681-2161 Toll Free 1-888-681-2161 Fax 360-683-5310 Shane@ciarkland.com RECEWED JUN — 3 LuJd JEFFERSON COUNTY DCO 4/22/2009 CASES, FINDING, CONDITIONS, PERMISSIONS FOR Parcel 000/ 3430°4 Printed: July 13, 2009 Cases Name Review Type Status Planner BLD02-00534 LASSEN F Application Received: 9/12/2002 Permit Issued/Case closed: 10/18/2002 Case Finaled: 2/4/2004 FIRE DAMAGE: REBUILD (NO C;HNG IN FTPRNT) No findings, conditions, or permissions found. RAP05-00051 LASSEN PROPERTIES LLC F Application Received: 2/28/2005 Permit Issued/Case closed: 5/11/2005 Case Finaled: 2/5/2009 911& RAP -OLD GARDINER RD 1.) The applicant may install a private road approach to#1460 at mile post 1.46 right 2.) A minimum 12 inch diameter culvert 20' in length to accomodate a 12 foot wide driveway with 25 foot approach radii is required. 3.) The applicant must place a minimum of 2 inches of crushed surfacing to the right-of-way line. 4.) The grade of the approach shall be such that all surface water shall be directed into a ditch line and not onto the county road. 5.) The Applicant must contact the Public Works Department for a final inspection prior to a final building inspection. BLD90-00813 MC CORD F Application Received: 12/10/1990 Permit Issued/Case closed: 12/10/1990 Case Finaled: removal of 4 gas tanks No findings, conditions, or permissions found. BLD90-00814 MC CORD F Application Received: 12/10/1990 Permit Issued/Case closed: 12/10/1990 Case Finaled: demolish portion of building No findings, conditions, or permissions found. BLD91-00828 MC CORD F Application Received: 11/15/1991 Permit Issued/Case closed: 1/16/1992 Case Finaled: REPAIR EXISTING BLDG & UPDATE TO NEW ENERGY CODE No findings, conditions, or permissions found. BLD93-00070 MC CORD F Application Received: 2/16/1993 Permit Issued/Case closed: 2/17/1993 Case Finaled: 142 SQ FT STORAGE AREA UNDER DECK No findings, conditions, or permissions found. BLD94-00744 THOMPSON F Application Received: 10/24/1994 Permit Issued/Case closed: 10/25/1994 Case Finaled: 11/1/1995 Install 3 compartment sink No findings, conditions, or permissions found. IZA94-00027 MC CORD A Application Received: 4/19/1994 Permit Issued/Case closed: 5/4/1994 Case Finaled: No findings, conditions, or permissions found. ZON95-00027 BROWER F M GREWELL Application Received: 6/16/1995 Permit Issued/Case closed: 6/26/1995 Case Finaled: 2/9/1996 Sign Permit 1.) The property to the West and East is currently used for"general commercial" purposes. 2.) The property is zoned as"general commercial"within the Jefferson County Zoning Ordinance, No. 09-0801-94, Section 6, Subsection 6.10 (see the zoning map depicting the"Gardiner General Commercial Area"). 3.) The proposed use is consistent with the goals, policies, and provisions of the Jefferson County Comprehensive Plan and Jefferson County Zoning Ordinance No. 09-0801-94. 4.) Specifically, the use applied for is consistent with the permitted uses and activities anticipated within the "general commercial zone". 5.) The illumination of signs shall be shaded, shielded, or directed so as not to adversely affect surrounding properties or public and private rights-of-way or create a hazard or nuisance to the traveling public, or to surrounding properties. 6.) No sign or part thereof shall consist of rotating, revolving, or moving parts; consist of banners, streamers, or spinners; or involve flashing, blinking, or alternating lights. 7.) The total square foot of the sign shall not exceed 64 square feet per business. 8.) Only one side of a double-faced sign shall be counted when determining total square footage. The square footage of the sign shall be calculated by the outside dimensions necessary to frame the information displayed. 9.) There shall be no more than two (2) on-premise free standing or projecting signs or combination thereof. Page 1 of 4 Cases Name Review Type Status Planner 10.) Signs attached to or painted against the structure to which it relates shall not be computed as part of the overall total square footage or number. 11.) All signs shall be continuously maintained. Signs that present a hazard shall be subject to abatement. 12.) Free-standing signs shall include measures to restruct vehicles from passing beneath them. 13.) Signs shall be incorporated into the landscaping of the site when landscaping is provided. 14.) The Jefferson County Building Official should be contacted to determine whether or not a building permit is required for the sign. BLD00-00579 GREYWOLF OUTDOORS, INC W Application Received: 9/7/2000 Permit Issued/Case closed: 10/24/2000 Case Finaled: COMMERCIAL REPAIR (FIRE DAMAGE) No findings, conditions, or permissions found. SEP92-00468 LASSEN PROPERTIES LLC F Application Received: 6/26/1992 Permit Issued/Case closed: 7/29/1992 Case Finaled: 6/14/1993 Upstairs residence &Wildbirds Unlimited, are connected to this septic system that is rated for 270gpd. Min residence usage is 240gpd. Adding in the business and espresso stand put this system at capacity. No findings, conditions, or permissions found. BLD03-00098 MLA03-00078 LASSEN I F S HOSKINS Application Received: 2/19/2003 Permit Issued/Case closed: 3/12/2003 Case Finaled: 2/4/2004 DECK 1.) The application was reviewed by the Jefferson County Department of Community Development staff on March 3, 2003 for the potential presence of Environmentally Sensitive Areas (ESAs) under the provisions of the Unified Development Code (UDC). After an initial Geographic Information Systems mapping review and an investigative site inspection, the following ESAs were confirmed to be present on the subject property: Fish &Wildlife Habitat(Blue Heron). 2.) Blue Heron habitat has been identifed approximately 1/4 mile from the proposed development. The proposed porch and awning are not in conflict with fish &wildlife habitat. 3.) The applicant is proposing to create or add no additional impervious surface and no land disturbing activities. 4.) Jefferson County determined that this proposal is categorically exempt from review under the State Environmental Policy Act(SEPA) pursuant to WAC 197-11-800(1)(b)(iii). 5.) The building height is not to exceed 35 feet. 6.) Minimum setback from the parcel boundary adjacent to SR 101 is 35 feet. Minimum setback from the parcel boundary adjacent to Old Gardiner Rd is 20 feet. Minimum side setbacks are 5 feet. The existing structure is a legal nonconforming structure with regard to setbacks, and the actual setback from the parcel boundary adjacent to SR101 is 12 feet. 7.) Maximum lot coverage is not to exceed 60%. Lot coverage is defined as amount of impervious surface which includes rooftops, driveways, concrete, etc. 8.) Maximum building size in the Neighborhood/Visitor Crossroad land use designation is 7,500 square feet. 9.) The site plan identifies a total of 17 parking spaces available with two parking spaces provided for physically handicapped needs. A total of 12 parking spaces are required for the residence and the retail store. The breakdown is as follows: a minimum of two (2) parking spaces are required for the residence located in the uppper level of the commercial structure. A minimum of one (1) parking space is required per 300 square feet of floor space for retail sales and services. 10.) The parking spaces provided for physically handicapped needs shall comply with the Washington State Regulations for barrier-free facilities (WAC 51-10) and shall be not less than twelve feet-six inches (12'-6")wide. 11.) Highway 101 (SR101) is a principal arterial road. The road approach is existing, and an address of 275953 Hwy 101 has been assigned to the parcel. 12.) Potable water is provided to the commercial building by Jefferson County PUD#1. 13.) Landscaping is required for all commercial land uses. The applicant shall provide hanging baskets on the structure and landscaping in SR101 right-of-way under DOT permit 25658 as proposed to meet this requirement. Page 2 of 4 Cased Name Review Type Status Planner 14.) Applications on record for this parcel are as follows: 1. A building permit (BLD90-00813)was approved December 10, 1990 for removal of four gas tanks. 2. A building permit(BLD90-00814)was approved December 10, 1990 for demolition of a portion of a building. 3. A building permit(BLD91-00828)was approved January 16, 1992 to repair the existing building and update it to new energy code. 4. A subdivision application (SPA92-00004) for a two-lot short plat was approved July 17, 1992 and withdrawn by the applicant April 17, 1995. 5. A septic permit SEP92-00468 was finaled June 14, 1993 for a system with capacity of 270 gallons per day. 6. A building permit(BLD93-00070)was approved February 17, 1993 for a 142 SF storage area under an existing deck. 7. Zoning approval (IZA94-00027)was approved May 4, 1994 for a commercial signe. 8. Zoning approval (ZON95-00027)was finaled February 9, 1996 for a sign permit. 9. A building permit application (BLD00-00579) for repair due to fire damage was approved October 24, 2000 and withdrawn September 12, 2002 when the building plans were revised substantially. The revised application was reviewed under BLD02-00534. 10. A building permit(BLD02-00534)was issued October 18, 2002 for a rebuild due to fire damage. 15.) The existing structure is a legal nonconforming structure with regard to setbacks. The proposed porch and awning do not increase the nonconformity of the structure. 16.) Landscaping is required for all commercial land uses. The Administrator may authorize variations to the landscaping/screening requirements of UDC Section 6.13 to provide consideration of topography, natural features, existing native vegetation and soils on the site and site location in relation to adjacent and surrounding uses. 17.) The applicant and/or representative shall contact the Development Review Division of the Permit Center (360-379-4463) regarding a final inspection for compliance of zoning permit conditions prior to scheduling a final building inspection. 18.) The revised site plan as submitted with the building application on March 11, 2003 has been reviewed for consistency under the UDC, and has been approved by Jefferson County Department of Community Development. Any modifications, changes, and/or additions to the stamped, approved site plan dated March 11, 2003 shall be resubmitted for review and approval by Jefferson County Department of Community Development. 19.) This approval is for a deck only. Any future permits on this site are subject to review for consistency with applicable codes and ordinances and does not preclude review and conditions which may be placed on future permits. BLD05-00101 MLA05-00111 LASSEN PROPERTIES LLC I R S HOSKINS Application Received: 2/23/2005 Permit Issued/Case closed: 5/11/2005 Case Finaled: NEW DETACHED POLE BLDG (I-OR STORAGE USE ACCESSORY TO EXISTING RETAIL USE-EQUIPMENT) 1.) The application was reviewed by the Jefferson County Department of Community Development for the presence of Environmentally Sensitive Areas (ESAs). The Department conducted a review and has concluded that the property DOES NOT contain Environmentally Sensitive Areas. However, future proposals will be subject to a new ESA review and conditions may be added if new ESAs are found on the property. Previous review determined the parcel to be greater than 1/4 mile from a Blue Heron nest. The pond onsite has been determined to be a man-made pond and not subject to wetland buffer requirements. 2.) The applicant is proposing to create or add 4,020 square feet of impervious surface and 4,020 square feet of land disturbing activities. Sections 6.6 and 6.7 of the Jefferson County Unified Development Code requires the project applicant submit a stormwater plan meeting Minimum Requirements#1 through#5 of the Department of Ecology Stormwater Management Manual for Western Washington. The stormwater plan shall address measures to control stormwater, erosion and sediment during construction and shall address permanent measures to stabilize soil exposed during construction, and in the design and operation of stormwater and drainage control systems. 3.) A Stormwater Plan has been submitted and approved by the Department of Community Development. Once the subject permit has been issued the applicant shall fully implement the provisions of the submitted plan and contact the Jefferson County Department of Community Development to arrange a schedule to inspect the property for plan compliance. A Certificate of Occupancy will not be issued until the Department verifies plan compliance. No clearing for roadways or utilities shall occur on the project site until clearing necessary for the installation of temporary sedimentation and erosion control measures have been completed. 4.) Jefferson County determined that this proposal is categorically exempt from review under the State Environmental Policy Act(SEPA) pursuant to WAC 197-11-800(1)(b)(iii). 5.) The site plan as submitted with the building application on April 13, 2005 has been reviewed for consistency under the UDC, and has been approved by Jefferson County Department of Community Development. Any modifications, changes, and/or additions to the stamped, approved site plan dated May 9, 2005 shall be resubmitted for review and approval by Jefferson County Department of Community Development. 6.) This approval is for a detached pole building to be used for accessory storage to the existing retail use onsite only. Any future permits on this site are subject to review for consistency with applicable codes and ordinances and does not preclude review and conditions which may be placed on future permits. 7.) Maximum lot coverage is not to exceed 60%. Impervious surface is defined as a surface area that creates a barrier to the entry of water into the soil in comparison with natural conditions prior to development, or that causes water to run off the surface in greater quantities or at an increased rate of flow in comparison with the flow prior to development. Common impervious surfaces may include roofs, driveways, patios, packed earth, and oiled surfaces. Page 3 of 4 Cases Name Review Type Status Planner 8.) The building height is not to exceed 35 feet. 9.) Minimum setback from the parcel boundary adjacent to SR 101 is 35 feet. Minimum setback from the parcel boundary adjacent to Old Gardiner Rd is 20 feet. Minimum side setbacks are 5 feet. Note: The existing structure is a legal nonconforming structure with regard to setbacks, and the actual setback from the parcel boundary adjacent to SR101 is 12 feet. 10.) Maximum building size in the Neighborhood/Visitor Crossroad land use designation is 7,500 square feet. 11.) Parking on this parcel was reviewed during consistency review for a deck(MLA03-00078) as follows: The site plan identified a total of 17 parking spaces available with two parking spaces provided for physically handicapped needs. A total of 12 parking spaces are required for the residence and the retail store. The breakdown is as follows: a minimum of two (2) parking spaces are required for the residence located in the uppper level of the commercial structure. A minimum of one (1) parking space is required per 300 square feet of floor space for retail sales and services. This proposal as accessory storage for the existing retail use located on site will not increase the number of parking spaces required. 12.) Highway 101 (SR101) is a principal arterial road. The road approach to the existing structure at 275953 Hwy 101 is existing. Old Gardiner Rd is a county local access road identified as C501409. A road approach permit was reviewed under RAP05-00051 and an address of 1460 Old Gardiner Rd was assigned to the proposed detached pole building. 13.) Applications on record for this parcel are as follows: 1. A building permit(BLD90-00813)was approved December 10, 1990 for removal of four gas tanks. 2. A building permit(BLD90-00814)was approved December 10, 1990 for demolition of a portion of a building. 3. A building permit(BLD91-00828) was approved January 16, 1992 to repair the existing building and update it to new energy code. 4. A subdivision application (SPA92-00004) for a two-lot short plat was approved July 17, 1992 and withdrawn by the applicant April 17, 1995. 5. A septic permit SEP92-00468 was finaled June 14, 1993 for a system with capacity of 270 gallons per day. 6. A building permit(BLD93-00070)was approved February 17, 1993 for a 142 SF storage area under an existing deck. 7. Zoning approval (IZA94-00027)was approved May 4, 1994 for a commercial signe. 8. Zoning approval (ZON95-00027) was finaled February 9, 1996 for a sign permit. 9. A building permit application (BLD00-00579) for repair due to fire damage was approved October 24, 2000 and withdrawn September 12, 2002 when the building plans were revised substantially. The revised application was reviewed under BLD02-00534. 10. A building permit (BLD02-00534)was finaled February 4, 2004 for a rebuild due to fire damage. 11. A building permit(BLD03-00098) was finaled February 4, 2004 for a deck. 14.) The applicant and/or representative shall contact the Development Review Division of the Permit Center (360-379-4463) regarding a final inspection for compliance of zoning permit conditions prior to scheduling a final building inspection. 15.) Potable water is provided to this parcel by Jefferson County PUD#1. 16.) Ten (10) feet of Screen-C landscaping shall be provided for all commercial or multiple-family residential development. "Screen-C" landscaping is a "see-through screen" that functions as a partial visual separator to soften the appearance of parking areas and building elevations. This landscaping is typically found along road frontage or between multiple-family developments. "Screen-C" landscaping shall at a minimum consist of a mix of evergreen and deciduous trees or shrubs generally interspersed to create a continuous canopy. 17.) An average width of ten (10) feet of Screen-C landscaping shall be provided along Old Gardiner Rd and Hwy 101. The proposal shall comply with the submitted landscaping plan identified on the approved site plan. PRJ05-00047 MLA05-00111 LASSEN PROPERTIES LLC P Application Received: 2/28/2005 Permit Issued/Case closed: Case Finaled: No findings, conditions, or permissions found. SUB09-00011 MLA09-00184 LASSEN PROPERTIES LLC I P Application Received: 6/3/2009 Permit Issued/Case closed: Case Finaled: BOUNDARY LINE ADJUST MLN I No findings, conditions, or permissions found. SOM92-00468 LASSEN PROPERTIES LLC F Application Received: 6/26/1992 Permit Issued/Case closed: Case Finaled: No findings, conditions, or permissions found. SPA92-00004 MC CORD W M GREWELL Application Received: 3/7/1992 Permit Issued/Case closed: 7/17/1992 Case Finaled: 2 lot short plat. No findings, conditions, or permissions found. Page 4 of 4 CASES, FINDING, CONDITIONS, PERMISSIONS FOR Parcel 00234300)(1 Printed: July 13, 2009 Cases Name Review Type Status Planner SUB09-00011 MLA09-00184 LASSEN PROPERTIES LLC I P Application Received: 6/3/2009 Permit Issued/Case closed: Case Finaled: BOUNDARY LINE ADZDSTIVIENT No findings, conditions, or permissions found. SEP85-00175 YOUNG F Application Received: 3/6/1985 Permit Issued/Case closed: 3/14/1985 Case Finaled: 3/14/1985 EES 3/30/04 No findings, conditions, or permissions found. SOM85-00175 LASSEN PROPERTIES LLC F Application Received: 3/6/1985 Permit Issued/Case closed: Case Finaled: No findings, conditions, or permissions found. Page 1 of 1 CASES, FINDING, CONDITIONS, PERMISSIONS FOR Parcet$02-3f 4 ©ba 3°t3 w(o Printed: July 13, 2009 Cases Name Review Type Status Planner SUB09-00011 MLA09-00184 LASSEN PROPERTIES LLC I P Application Received: 6/3/2009 Permit Issued/Case closed: Case Finaled: BOUNDARY LINE ADJUS I MEN I No findings, conditions, or permissions found. Page 1 of 1 'Parcel Print Page 1 of 1 Parcel Number: 002344007 05/14/2007 Owner Mailing Address: LASSEN PROPERTIES LLC 275953 HIGHWAY 101 SEQUIM WA 983828758 Site Address: 80 GARDINER BEACH RD SEQUIM 98382 Section: 34 School District: Sequim (323) Qtr Section: SE1/4 Fire Dist: Gardiner(5) Township: 30N Tax Status: Taxable Range: 2W Tax Code: 752 Planning area: Discovery Bay(5) Sub Division: Land Use Code: 1100 - HOUSES (single units, non-farm) Property Description: S34 T3ON R2W I TAX 24 No Photo Available http://www.co.jefferson.wa.us/assessors/parcel/parcelprint.asp?PARCEL NO=002344007... 7/13/2009 'Parcel Print Page 1 of 1 Parcel Number: 002344007 05/14/2007 Owner Mailing Address: LASSEN PROPERTIES LLC 275953 HIGHWAY 101 SEQUIM WA 983828758 Site Address: 80 GARDINER BEACH RD SEQUIM 98382 Section: 34 School District: Sequim (323) Qtr Section: SE1/4 Fire Dist: Gardiner(5) Township: 30N Tax Status: Taxable Range: 2W Tax Code: 752 Planning area: Discovery Bay(5) Sub Division: Land Use Code: 1100 - HOUSES (single units, non-farm) Property Description: S34 T3ON R2W I TAX 24 No Photo Available http://www.co.jefferson.wa.us/assessors/parcel/parcelprint.asp?PARCEL NO=002344007... 7/13/2009 Parcel Print Page 1 of 1 Parcel Number: 002343006 05/14/2007 Owner Mailing Address: UNITED TELEPHONE CO OF NW ATTN: PROPERTY TAX DEPT PO BOX 7909 OVERLAND PARK KS 662070909 Site Address: Section: 34 School District: Sequim (323) Qtr Section: SW 1/4 Fre Dist: Gardiner(5) Township: 30N Tax Status: Taxable Range: 2W Tax Code: 752 Planning area: Discovery Bay(5) Sub Division: Land Use Code: 9100 - VACANT LAND Property Description: S34 T30 R2W I TAX 36 I (TCO#34) ❑x No Photo Available http://www.co.jefferson.wa.us/assessors/parcel/parcelprint.asp?PARCEL NO=002343006... 7/13/2009 >- 2 '4- I—I O O O C3 LL CU _0 Z LL O H O Cu O CU L11 `,.., C=Dcl- a) — ti ti '3 C 0 -0 — LID 2 +0 L O O L -O g 2 -o ++ o c U O O —J ��` = LL 0 O H Cry C r +-1 -0 H 0) 0) Q y Zi=0 - - - I— "'! 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O LL CL CO 0 O LL LL J U O O LU CO -O Q O O Z O C X O H O •— U) O O 3 U x Cl) 3 >- Imo- U U Q m F— LID CO LU F— 'O CC Cl LU LU LU Cl) Z C LU CT) Z Z J LL O >- LU CL O O CO CC C F— Y O CT) 2 2 Q C) 0_ CC CC -- CC CV 3 Cl CL 7C "� O LU LU CO Q CO CL O CU LU LU Q Q J CL O CL O CC J J F— LU O O) o J m LU LU LL F— CC I` O g Q O NI- F— F— F— CL Z U LU -O m CD m X LU O X Q C` c) F— m # o co F— CO J LI -• O J O LU LU 0) CL F— Z CO Lr O J- X U F— F— co co Z H F— LU Q) m CC F— H H 7 CL O Z F— O CD Cl) F— Z Z -F-' 1 U = Q CL O = (0 — ++ 0 CO O O CO O O O O O O no ti N- C') F— I— CM I--I I--I O Z Z O = _ O C) a— O CV O O O 'O L L!) O U a) N- ti 7) # C O F— a) -- L 3 L H Y C - a) O +' a) a) a) 7) a) -- 7) _ _c a) C) (0 a) -O > co 0 L L C1 — O co CL L- 0 O (0 X +' U -O X (O Cl) CL CO -- •— (O a) F— F— X cc-- F— CO (0 y- )E X FCL — Blank Page 1 of 2 Michelle Farfan From: Michelle Farfan Sent: Wednesday, April 22, 2009 10:30 AM To: 'Shane Stewart' Subject: RE: BLA question Hi Shane: I just brought this to our DRD meeting and the Administrator's decision is no soil logs needed for this BLA. You may want to add this email to the application so the Techs out front know not to charge for the EH review. Regards, Michelle Farfan Associate Planner, FHM Lead Dept. of Community Development 621 Sheridan Port Townsend WA 98368 mfarfan@co.jefferson.wa.us 360-379-4457 360-379-4473 (fax) All e-mails sent to this address will be received by the Jefferson County e-mail system and may be subject to Public Disclosure under Chapter 42.56RCW. Please note that DCD hours changed as of December 1, 2008. Our office is open to the public 9:00 am - 4:30 pm Monday to Thursday and closed on Fridays. From: Shane Stewart [mailto:shane@clarkland.com] Sent: Tuesday, March 31, 2009 8:33 AM To: Michelle Farfan Subject: BLA question Hi Michelle, We are going to be submitting a BLA in the next few days (hopefully) and I had a question about it that I was hoping you could help me with. It involves three parcels (002343004, 002343006 & 002344007). The situation is that the smallest parcel is owned by Embarq Corporation and it is a under 0.2 acres in size. The original legal description for the parcel is full of errors and basically puts the property in the wrong location based on the location of their equipment. So the purpose of the BLA is to rectify defects in an existing legal description. The property contains existing communication equipment and is used for that purpose alone. The question that I have is, do we need to do 4/22/2009 Blank Page 2 of 2 septic holes on this parcel since it is under the 2.5 acres? I know that in most cases we would, but I was wondering if there was any way around doing it since it is not really a buildable parcel due to its odd shape and is not intended to be a residential property. I have attached a preliminary copy of the map so you can see what I am talking about. I know you are very busy and hate to bother you with this, but I figured you would be the best person to talk to. I appreciate any help with this. Thanks, Shane Shane Stewart, PLS Clark Land Office P. O. 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