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HomeMy WebLinkAboutOlympic Sewer and Water Amendment No 1CC '. DC b C, 14, 1;_�? tvt, - AMENDMENT NO.1 TO MEMORANDUM OF UNDERSTANDING REGARDING THE PROVISION OF SEWER SERVICE WITHIN THE BOUNDARIES OF THE PORT LUDLOW MASTER PLANNED RESORT THIS AMENDMENT NO.. l TO MEMORANDUM OF UNDERSTANDING (this "Amendment") is made this /,g_tlay of _ , 2013, by OLYMPIC WATER AND SEWER, INC., a Washington corpoi tion ("OWSI"), and JEFFERSON COUNTY, a political subdivision of the State of Washington (the "County"). This Amendment amends and modifies that certain "Memorandum of Understanding Regarding the Provision of Sewer Service Within the Boundaries of the Port Ludlow Master Planned Resort" dated October 4, 1999, between OWSI and the County (the "MOU"). RECITALS A. The Port Ludlow Development Agreement dated May 1, 2000, between Pope Resources, Olympic Property Group LLC, Olympic Resorts LLC, OWSI, and Olympic Real Estate Development LLC (collectively "Pope"), and the County, which was recorded in the real property records of Jefferson County, Washington, under Auditor's File No. 435974, as amended by Corrected Amendment No. 1 to Development Agreement dated and effective July 7, 2008, which was recorded in the real property records of Jefferson County, Washington, under Auditor's File No. 536369 (as amended, the "Development Agreement"), governs the development of certain real property located in the approximately 1,200-acre Port Ludlow MPR, which is a master planned resort designated by Jefferson County in 1998 under the authority of RCW 36.70A.362. The MOU and the Development Agreement both govern the development of real property within the Port Ludlow MPR. B. OWSI is wholly -owned by Port Ludlow Associates LLC, a Washington limited liability company ("PLA"), which is the successor to Pope Resources, Olympic Property Group LLC, Olympic Resorts LLC, and Olympic Real Estate Development LLC under the Development Agreement. PLA and OWSI collectively are the successors to Pope under the Development Agreement. C. The MOU will expire on October 4, 2019. The Development Agreement will expire on May 8, 2020. D. PLA and OWSI desire to extend the term and make other amendments to the Development Agreement, in the form of a proposed Amendment No. 2 to Port Ludlow Development Agreement (the "Development Agreement Amendment"). The County is willing DWT 20891247v1 0065364-000001 to consider the Development Agreement Amendment if OWSI will join the County in amending the MOU to extend its term to match the proposed extended term of the Development Agreement. E. OWSI and the County desire to extend the term of the MOU as described in this Amendment. NOW, THEREFORE, in consideration of the mutual covenants, conditions, and agreements of the parties, it is agreed by and between the parties that the MOU shall be amended and modified as follows: AGREEMENT 1. Extension of Term. The term of the MOU shall expire and terminate upon the expiration or termination of the Development Agreement, as it may now or hereafter be extended. 2. Effect of Amendment. This Amendment amends and modifies the MOU and shall be effective as of the date of mutual execution and delivery hereof. In the event of any conflict between the MOU and this Amendment, this Amendment shall control. Capitalized terms not otherwise defined herein shall have the meanings given them under the MOU. Except as contained within the MOU, this Amendment, and the Development Agreement (as amended), there are no other agreements or understandings between OWSI and the County relating to the subject matter of the MOU and this Amendment. The MOU is hereby confirmed and ratified. (Remainder of page intentionally left blank.) M DWT 20891247v1 0065364-000001 IN WITNESS WHEREOF, the parties hereto have mutually have executed and delivered this Amendment. JEFFERSON COUNTY Jefferson County Board of County Commissioners By M :A APPROVED AS TO FORM: Prosecuting Attorney f Director Department of Community Development OLYMPIC WATER AND SEWER, INC. By r r LI .'��? Y►�i' Its President *--�� DWT20891247v10065364-000001 STATE OF WASHINGTON ) ) ss. COUNTY OF JEFFERSON ) On this flay of 2013, before me, a Notary Public in and for the State of Washington, personally appe ed personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument, on oath stated that he or she was authorized to execute the instrument, and acknowledged it as the �.0 _ _ of Olympic Water and Sewer, Inc., to be the free and voluntary act and deed of said corporation for the uses and purposes mentioned in the instrument. Niffi j Nffi$ (WHEREOF, I have hereunto set my hand and official seal the day and year first w NOTARY P IC in and fo tla State o ashington, �$� residing at✓ N. My appointment expires D ,Arr: Of >>�~ Print Name ��itr�rtitt� STATE OF WASHINGTON ) ) ss. COUNTY OF JEFFERSON ) On this / day of , 2013, before me, a Notary Public in and for the State of Washington, personally app red Iry d[.sx N0('SV-iz �cW i G(�/ - ��. , and o /t,'ts , personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed this instrument, on oath stated that they were authorized to execute the instrument, and acknowledged it as the three members of the Jefferson County Board of County Commissioners to be the free and voluntary act and deed of said Board, acting in their official capacity representing Jefferson County, Washington, for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. L DWT 20891247v 1 0065364-000001 NOTARY PUB C in and .or thq. State residing at %d� My appointment expires 6� 9ZOE f Print Name Of-i h, IC • c DWT 20891247V1 0065364-000001 EXHIBIT A Legal Description of PLA Property (Owned of Record by PLA and Located Within the Port Ludlow MPR as of the Effective Date of this Amendment) DWT 2292768v4 0065364-000016 EXHIBIT A LEGAL DESCRIPTION PROPERTY OWNED BY PORT LUDLOW ASSOCIATES LLC: Parcel A (990 400 464) Lot 68, Area 4, Port Ludlow No. 1, as per plat recorded in Volume 5 of Plats, on pages 26 to 32, inclusive, records of Jefferson County, Washington. Parcel B (990 400 467) Lot 71, Area 4, Port Ludlow No. 1, as per plat recorded in Volume 5 of Plats, on pages 26 to 32, inclusive, records of Jefferson County, Washington. Parcel C (990 404 101) Lot 105, Area 4, Port Ludlow No. 1, as per plat recorded in Volume 5 of Plats, on pages 26 to 32, inclusive, records of Jefferson County, Washington. Parcel D / Golf Maintenance Yard (995 600 008) Lot 8, Plat of South Bay No. 2, Volume 6 of Plats, pages 4-6, Auditor's File No. 227195, records of Jefferson County, Washington. Parcel E / Heron Beach Inn (968 600 001) Parcel "I" as shown on the face of Ludlow Bay Village, as per plat recorded in Volume 6 of Plats, pages 228 thru 233, records of Jefferson County, Washington. Together with a perpetual non-exclusive easement over and across Tract "A" as shown on the final plat for access, egress, egress along the private roadway located therein. Parcel F / Marina (968 600 002) Parcels M1, M2, M3 and M4 as shown on the face of Ludlow Bay Village, as per plat recorded in Volume 6 of Plats, pages 228 thru 233, records of Jefferson County, Washington. Together with a perpetual non-exclusive easement over and across Tract "A" as shown on the final plat for access, egress, egress along the private roadway located therein. Parcel G / Harbormaster Restaurant (968 600 006, 968 600 007 and 968 600 008) Parcels R1, R2 and R3 as shown on the face of Ludlow Bay Village, as per plat recorded in Volume 6 of Plats, pages 228 thru 233, records of Jefferson County, Washington. Together with a perpetual non-exclusive easement over and across Tract "A" as shown on the final plat for access, egress, egress along the private roadway located therein. Parcel H (968 600 009 thru 012; 968 600 032 thru 038; 968 600 046 thru 066; 968 600 072 and 073) Parcels SF1 through SF4, inclusive, Parcels TH19 through TH25, inclusive, TH33 through TH53, inclusive, TH16A, TH28A, TH44A, TH45A and TH52A, as shown on the face of Ludlow Bay Village, as per plat recorded in Volume 6 of Plats, pages 228 through 233, records of Jefferson County, Washington. Together with a perpetual non-exclusive easement over and across Tract "A" as shown on the } final plat for access, egress, egress along the private roadway located therein. DWT 21932846v2 0065364-000001 Parcel I / Pintail House (968 600 013) Parcel SF5 as shown on the face of Ludlow Bay Village, as per plat recorded in Volume 6 of plats, pages 228 through 233, records of Jefferson County, Washington. Together with a perpetual non-exclusive easement over and across Tract "A" as shown on the final plat for access, egress, egress along the private roadway located therein. LPB Parcel J (968 800 009, 968 600 010 and 968 600 011) Lots 9, 10 and 11 Ludlow Cove, Division 1, Phase 2, as per plat recorded in Volume 8 of Plats, pages 23 through 27, records of Jefferson County, Washington. Eacl) lot together with an undivided 1/10th interest in Tracts F, G and H and an undivided 1/10ti, interest in Ebb Tide Court; excepting therefrom that portion of said Tract F deeded to Jefferson County by deed recorded April 19, 2006 under Auditor's File No. 510348, records of Jefferson County, Washington, for Paradise Bay Road improvement. Parcel K (968 800100) open Space Tracts A,13, and C of Ludlow Cove Division 1, Phase 1, as per plat recorded in Volume 8 of Plats, pages 1 through 6, under Recording No. 479189, records of Jefferson County, Washington. Parcel L (968 800 101 and 968 800 102) Tracts D and E of Ludlow Cove Division 1, Phase 1, as per plat recorded in Volume 8 of Plats, pages 1 through 6, under Recording No. 479189, records of Jefferson County, Washington. Parcel M (978 802 001 thru 978 802 009, 978 802 013 thru 978 802 027, 978 802 031 thru 978 802 041 and 978 802 500) Lots 1 through 41, excluding lots 10-12 and 28-30 and Tract A of the Plat of Olympic Terrace Division 2, Phase 1, recorded in Volume 8 of Plats, pages 64 through 75, records of Jefferson County, Washington. Parcel N (978 802 501 thru 978 802 504) Tracts B, C, D and E of the Plat of Olympic Terrace Division 2, Phase 1, recorded in Volume 8 of Plats, pages 64 through 75, records of Jefferson County, Washington. Parcel O (821 083 006) The Southeast'/4 of the Southwest'/4 of Section 8, Township 28 North, Range 1 East, W.M., Jefferson County, Washington. Except the plat of Port Ludlow No. 6, as recorded in Volume 9 of Surveys, page 49, records of Jefferson County, Washington. LPB Parcel P (821 093 001) That portion of Government Lot 4, Section 9; and that portion of Government Lot 1, Section 16, all in Township 28 North, Range 1 East, W.M., Jefferson County, Washington, described as follows: Beginning at the South '/4 corner of Section 9, Township 28 North, Range 1 East, W.M., from whence the Southwest corner of said Section 9 bears North 88°35'24" West; thence South 17026'02" west, 72.07 feet; thence North 72°33'27" West, 133.55 feet to a concrete monument known as "Monument A" for purposes of this description and the true point of beginning; thence South 17026'33" West, 30.00 feet; thence North 72°33'27" West, 311.36 feet to a point of curve; thence along a curve to the left having a radius of 785.44 feet and a central angle of 1098' 18", an are distance of 141.27 feet; thence North 82°55'41" West, 16.07 feet to a point of curve; thence DWT 21932846v2 0065364-000001 along a curve to the left, having a radius of 35.00 feet and a central angle of 43°57'56", an arc distance of 26.86 feet to the Easterly margin of Oak Bay Road; thence North 70°21'53" West along said road margin, a distance of 6.34 feet; thence continuing along said road margin on a curve to the left, the center of which bears North 70°21'53" West, having a radius of 488.37 feet and a central angle of 12035' 13", an are distance of 107.29 feet; thence continuing along said road margin North 071102'54" East, 179.73 feet; thence continuing along said road margin, along a curve to the left having a radius of 2,894.79 feet and a central angle of 06119'43", an are distance of 319.74 feet; thence continuing along said road margin North 00'43' 11" East, 281.84 feet to appoint of curve; thence continuing Northerly along said road margin, along a curve to the left, having a radius of 2,053.22 feet and central angle of 05°46'06", an arc distance of 206.71 feet to the Southerly margin of the plat of Port Ludlow No. 1, Area 2, per Volume 5 of Plats, page 26, Jefferson County records; thence along said Southerly margin the following courses: North 89039'46" East 188.51 feet; North 62049'20" East, 58.96 feet; North 89039'46" East, 177.40 feet; South 00020' 14" East, 25.00 feet; North 89029'46" East 165.64 feet to the Southeast corner of Lot 37 of said Plat of Port Ludlow No. 1; thence leaving said Southerly margin, South 26°27'34" West, 272.79 feet; thence South 80034'20" East, 119.75 feet; thence North 60°53'59" East, 74.11 feet to the Northwest corner of Admiralty No. 2, as per condominium recorded in Volume 1 of Condominiums, pages 31 through 39, records of Jefferson County, Washington; thence along the Westerly limits of said condominium the following courses: South 03°57'27" West, 160.47 feet; South 54°35'30" West, 66.50 feet; South 47°22' 19" West, 140.72 feet; South 56°22'30" West, 56.33 feet; South 65022'35" West, 115.07 feet; South 56029'56" West, 19.31 feet; South 17'01'21" West, 88.40 feet to the Northwest corner of Admiralty, as per condominium recorded in Volume 10 of Condominiums of Official Records, pages 22 through 42, records of Jefferson County, Washington; thence South 17'01'21" West along the Westerly limits of said Admiralty, 395.01 feet to the Southwest confer thereof-, thence South 72°33'27" East along the Southerly limits of said Admiralty, 281.40 feet; thence South 17026'33" West, 30:00 feet to the true point of beginning. LPB Parcel Q (821 162 005 and 821 171 006) Parcel A: Tidelands of the Second Class, as conveyed by the State of Washington by deeds recorded in Volume 40 of Deeds, page 307 and Volume 79 of Deeds, page 383, records of Jefferson County, Washington, situate in front of, adjacent to or abutting upon that portion of Section 16, Township 28 North, Range 1 East, W.M., Jefferson County, Washington, platted as Ludlow Bay Village, as recorded in Volume 6 of Plats, pages 228 through 233, records of Jefferson County, Washington; except that portion lying Easterly of a line extending due South from Tidal Bench Mark No. 7 Parcel B: Tidelands of the Second Class, as conveyed by the State of Washington by deeds recorded in Volume 40 of Deeds, page 307 and Volume 79 of Deeds, page 383, records of Jefferson County, Washington, situate in front of, adjacent to or abutting upon Lot 1 of Ludlow Beach Tracts, as 1 recorded in Volume 3 of Plats, page 7 and those portions of Sections 16 and 17, Township 28 3 DWT 21932846v2 0065364-000001 North, Range 1 East, W.M., Jefferson County, Washington, lying Westerly of the Easterly boundary line of fort Ludlow Condominium No. 1 as recorded in Volume 1 of Condominiums, page 15 and Westerly of the Easterly boundary line of Ludlow Point Village, Division 4, as recorded in Volume 6 of Plats, pages 216, and as revised, records of Jefferson County, Washington. Except those tidelands situate in front of, adjacent to or abutting upon the island portions of Government Lots 3 and 7 of Section 17; also except those tidelands situate in front of Inner Harbor Village Condominiums, Phases 1, 1I, IV, VII, VIII, IX and Tax 6 as described in Auditor's File No. 342329, volume 343, Page 351, dated July 30, 1991, records of Jefferson County, Washington. Parcel R (821 163 003) That portion of the Southwest'/4 of the Southwest'/4 of the Southwest'/4 of Section 16, and the Northwest''/4 of the Northwest'/4 of the Northwest '/4 of the Northwest'/4 of Section 21, and of the Northeast '1/4 of the Northeast `I of the Northeast '/4 of Section 20, and of the Southeast '/4 of the Southeast'/4 of the Southeast'/4 of the Southeast'/4 of Section 17, all in Township 28 North, Range 1 East, W.M., Jefferson County, Washington, lying Southerly of Paradise Bay Road; Except the plat of South Bay No. 3, as recorded in Volume 6 of Plats, at page 48, records of Jefferson County, Washington; except open space as shown on said plat of South Bay No. 3; except the plat of Edgewood Village as recorded in Volume 7 of Plats at page 6, records of Jefferson County, Washington; except Tract "A" as shown on that record of survey recorded in Volume 7 of Surveys at pages 170 through 174 records of Jefferson County, Washington. Parcel S Golf Course (821 163 006, 821 163 007, 821201 002, 821201 003, 821 201 004, 821 204 002, 821212 002, 821213 002, and 821 291 003) Parcel A: Tracts A, B, C, D and E of Survey recorded January 3, 1986 in Volume 7 of surveys, pages 170 through 174, inclusive, under Auditor's File No. 298845, being portions of the Southwest `1/4 of the Southwest'/4 and government Lot 4 in Section 16, and the East''/2 in Section 20, the West''/z in Section 21 and the North '/2 of the Northeast'/4 in Section 29, all in Township 28 Noah, Range 1 East, W.M., Jefferson County, Washington; LPB Except any portion thereof lying within the plat of Edgewood Village, as recorded in Volume 7 of Plats, at pages 4 through 7, records of Jefferson County, Washington; also except any portion thereof lying within Fairway Village Condominiums, as recorded in Volume 1 of Condominiums, at page 219, records of Jefferson County, Washington; also except from said Tract B and D those portions conveyed to Ludlow Utilities Company, for Well Nos. 4, 9 and 12 by deed recorded December 3, 1985, under Auditor's file No. 298330; also except from said Tract D that portion thereof for a 175,000 gallon reservoir as recorded in Volume 211 of Deeds, at page 334, records of Jefferson County, Washington. Parcel B: That portion of the South'l2 of Section 17, and Section 20, Township 28 North, Range 1 East, W.M., Jefferson County, Washington, described as follows: Commencing at the most Southeasterly corner of Lot 19 of the Plat of Edgewood Village, as recorded in Volume 7 of Plats, at page 4, records of Jefferson County, Washington, said corner also being the Southwest corner of Lot 20 of said Edgewood Village; Thence North 62°41'04" West, along the Southerly line of said Lot 19, a distance of 24.00 feet to an angle point on said Lot 19, also beingthe true point of beginning for this description; thence in a Northerly direction along the Westerly margin of said Edgewood Village the following courses: Thence North 16054'01" West, 146.06 feet; Thence North 08°57'01" West, 148.46 feet; Thence North 00°45' 12" West, 83.80 feet; 4 pWT 21932846v2 0065364-000001 Thence North 37°27'07" West, 203.41 feet; Thence North 58°40'37" West, 271.08 feet; Thence North 54°27'25" West, 170.00 feet; Thence North 28°10'03" West, 130.07 feet; Thence North 03°29'54" West, 172.66 feet; Thence North 62°51'48" West, 110.25 feet; Thence North 34°46'49" West, 43.95 feet; Thence North 78°05'36" West, 78.92 feet; Thence North 31°08'05" East, 195.03 feet; Thence North 52°51' 19" East, 255.59 feet; Thence North 46°06'28" East, 128.24 feet; Thence North 35°54'24" West, 102.69 feet; Thence North 24°57'29" East, 60.14 feet; Thence North 69°20'44" West, 262.49 feet to the Southwest corner of "Tract A" of said plat of Edgewood Village; thence leaving the Easterly boundary of said plat, North 80°49'39" West, 522.45 feet; Thence North 82°41'38" West 696.66 feet; Thence North 81°52'35" West, 410.77 feet; Thence South 5797'l0" West, 610.50 feet; Thence South 6897'21" West, 437.70 feet; Thence South 39°09' 14" West, 232.44 feet; Thence South 02°49'05" East, 186.58 feet; Thence South 30°38'22" East, 347.97 feet; Thence South 57°58'04: East, 385.91 feet; Thence South 02°13'34" East, 314.90 feet; LPB Thence South 77°34'03" West, 879.80 feet; Thence South 31°43'44" West, 686.04 feet; Thence South 40°39'05" East, 708.70 feet; Thence North 82°39'53" East, 502.49 feet; Thence South 7995'18" East, 802.92 feet; Thence North 89'09' 18" East, 828.68 feet; Thence South 70°57'24" East, 355.80 feet; Thence South 88°09'57" East, 477.22 feet; Thence North 72°39'34" East, 410.00 feet; Thence North 26°22'05" East, 224.80 feet; Thence North 41°32'57" East, 201.73 feet; Thence South 77°09'37" East, 109.99 feet; Thence North 1491' 17" East, 142.60 feet; Thence North 59°27'26" West, 600.00 feet; Thence North 49°13'51" West, 498.14 feet; Thence North 41 °28'28" East, 439.74 feet; Thence South 50°48' 17" East 477.34 feet; Thence south 62°41'04" East, 186.23 feet to the point of beginning. Parcel T / Sales Office (821 163 013) That portion of the Northwest'/4 of Section 21; and the Southwest'/4 of Section 16, Township 28 North, Range 1 East, W.M., Jefferson County, Washington, lying Easterly of Tract "A" of that certain Survey recorded in Volume 7 of Surveys, page 170, and lying Southerly of Paradise Bay 5 DWT 21932846v2 0065364-000001 Road and lying Westerly of Teal Lake Road. Parcel U (821 164 001, 821 164 002) That portion of Government Lots 5 and 6 and the Southeast'/4 of the Southeast'/4 of Section 16, Township 28 North, Range 1 East, W.M., Jefferson County, Washington, lying Southerly of Ludlow Bay Road; Except Paradise Bay Road; also except any portion thereof lying within the plat of Bayview Village Division 1 as recorded in Volume 6 of Plats at page 111 records of Jefferson County, Washington; also except any portion thereof lying within the plat of Bayview Village Division 2 as recorded in Volume 6 of Plats at page 114 records of Jefferson County, Washington; also except any portion thereof lying within the plat of Bayview Village Division 3 as recorded in Volume 6 of Plats at page 130 records of Jefferson County, Washington; also except Tract "A" of Teal Lake Village as recorded in Volume 6 of Plats at page 158 records of Jefferson County, Washington. LPB Parcel V / Village Center (821 171 001) That portion of Government Lot 1 and the Northwest'/4 of Section 17, Township 28 North, Range 1 East, W.M., in Jefferson County, Washington, which lies Southerly of Oak Bay Road as conveyed to Jefferson County by deeds recorded under Auditor's File Nos. 333256 and 355902, Northwesterly of Paradise Bay Road and Northeasterly of the following described line: Beginning at the North %4 corner of said Section; thence South 0°49'20" West along the North - South center of section line 2,077.00 feet to the true point of beginning hereafter referred to as "Point A"; thence South 60°45'44" East 109.27 feet, more or less, to a point on the Northwesterly margin of Paradise Bay Road as amended by dedication recorded under Auditor's File No. 191398, being the true point of beginning; thence North 60045'44" West to a point 223.73 feet distant from aforementioned Point A, being a point of curve; thence along a 230.00 foot radius curve to the right, having a central angle of 61136'47" and an are length of 247.33 feet; to a point of reverse curve; thence along a 40.00 foot radius curve to the left, having a central angel of 90023' 12" and an arc length of 63.10 feet to a point on the Southerly margin of Oak Bay Road and the terminus of this line; excepting therefrom that portion as conveyed to Jefferson County for road improvement by deed recorded November 19, 2004 under Auditor's File No. 491912, records of Jefferson County, Washington. Parcel W (821 171 015) That portion of Government Lot 2 in Section 16, Township 28 North, Range 1 East, W.M., Jefferson County, Washington, lying North of the N.oith right-of-way margin of Oak Bay Road; Except any portion thereof lying within the plat of Port Ludlow No._l, as recorded in Volume 5 of Plats at page 31, records of Jefferson County, Washington; also except any portion thereof lying within the plat of Port Ludlow No. 7 as recorded in Volume 7 of Plats at page 76, records of Jefferson County, Washington; Also together with that portion of the Northeast'/4 of the Northeast'/4 of Section 17, Township 28 North, Range 1 East, W.M., Jefferson County, Washington, lying North of the North right-of-way margin of the Oak Bay Road; Except any portion thereof lying Northerly of the Southerly line of Tract "A" of the plat of Port Ludlow No. 7 as recorded in Volume 7 of Plats at page 76, records of Jefferson County, Washington. Parcel X (821 172 001) That portion of the East '/2 of the Northwest'/4 of Section 17, Township 28 North, Range 1 East, DWT 21932846v2 0065364-000001 W.M., Jefferson County, Washington, lying North of Oak Bay Road and Lying West of Port Ludlow No. 6 as recorded in Volume 9 of Surveys at page 40, records of Jefferson County, Washington. LPB Parcel Y (821 173 001) Revised Parcel "C" of Boundary Line Agreement recorded under Auditor's File No. 440088 being described as follows: That portion of Section 17, Township 28 North, Range 1 East, W.M., Jefferson County, Washington, described as follows: Parcel "A" of that Boundary Line Adjustment recorded under Auditor's File No. 428912, records of Jefferson County, Washington; except that portion thereof lying Easterly and Southerly of the following described line: Commencing at the South '/4 corner of said Section 17; thence along the South line thereof, North 88012'07" West, 1,450.21 feet to a line parallel with the East line of said Southwest'/4 and the true point of beginning; thence along said parallel line North 00°49'24" East 771.12 feet; thence North 77003'46" East, 139.89 feet to a line which Iies 60.00 feet Southerly from and parallel with the Southerly margin of tract A of "Timberton Village Phase 1", filed in Volume 7 of Plats, pages 16 through 23, records of Jefferson County, Washington, and a point of curvature; thence along said parallel line, the following courses: Northeasterly 34.69 feet along the arc of a tangent curve to the left, having a radius of 410 feet through a central angle of 04°50'50" to a point of reverse curvature; Easterly 197.04 feet along the arc of a tangent curve to the right, having a radius of 350.00 feet, through a central angel of 32015120" to a point of tangency; South 75°31'55" East, 24.93 feet to the Southwesterly corner of Timberton Drive as dedicated on said plat of "Timberton Village Phase I" and the terminus of said line; also except Oak Bay Road. Parcel Z / RV Park (821 172 002) Port Ludlow RV Park per Volume 1 of Binding Site Plans, pages 7, 8, 11 and 12, records of Jefferson County, Washington, being more particularly described as amended in Boundary Line Adjustment recorded March 18, 2005 under Auditor's File No. 495996, as follows: That portion of Government Lot 1 and the Northwest''/4 of Section 17, Township 28 North, Range 1 East, W.M., in Jefferson County, Washington, described as follows: Beginning at the North '/4 corner of said section; thence south 0°49'20" West along the North - South center of section line 2,077.00 feet to the true point of beginning; thence North 60°45'44" West 66.25 feet; thence South 34'01'37" West 42.74 feet; thence South 54034,59" West 17.09 feet; thence South 34101'37" West 146.41 feet; thence South 60°45'44" East 170.30 feet, more or less, to a point on the Northwesterly margin of Paradise Bay Road as amended by dedication recorded under Auditor's File No. 191398, records of said county; thence Northeasterly along said Northwesterly margin to a point which bears South 60°45'44" East of the true point of beginning; thence North 60145'44" West 109.27 feet, more or less, to the true point of beginning. LPB Parcel AA (821 174 002) The island portions of Section 17, Township 28 North, Range 1 East, W.M., Jefferson County, Washington, more particularly described as follows: All of Government Lot 7 and that portion of Government Lot 3 lying Easterly of and adjacent to that property described as Community Center parcel conveyed to the South Bay Community Association by deed recorded July 30, 1991 under Auditor's File No. 342329, records of Jefferson County, Washington. DWT 21932846v2 0065364-000001 Together with second class tidelands as conveyed by the State of Washington, situate in front of, adjacent to, or abutting thereon. Parcel BB (821 174 003) Revised Parcel "A" of Boundary Line Adjustment recorded under Auditor's File No. 440088, records of Jefferson County, Washington, being described as follows: Those Portions of Sections 17 and 20, Township 28 North, Range i East, W.M., Jefferson County, Washington, described as follows: Parcel "D" of that Boundary Line Adjustment recorded under Auditor's File No. 379885, records of Jefferson County, Washington; Together with that portion of Parcel "A" of Boundary Line adjustment recorded under Auditor's File No. 428912, records of Jefferson County, Washington, lying Southeasterly of the following described line: Commencing at the South '/4 corner of Section 17, Township 28 North, Range 1 East, W.M., Jefferson County, Washington; thence along the South line of the Southwest'/4 of Section 17, North 88012'07" West, 637.48 feet to the true point of beginning; thence North 57°17' 10" East 466.67 feet to the Southeasterly margin of Timberton Drive and the terminus of said line; Together with Parcel "D" of that Boundary Line Adjustment recorded under Auditor's File No. 428912, records of Jefferson County, Washington. Parcel CC (821204 001) Resultant Parcel "D" of Boundary Line Agreement recorded March 18, 2005 under Auditor's File No. 495995, records of Jefferson County, Washington, described as follows: Resultant Parcel "F" of that Boundary Line Adjustment recorded under Recording No. 428912, records of Jefferson County, Washington, lying within Section 20, Township 28 North, Range 1 East, W.M., Jefferson County, Washington; Except Parcel "G" as depicted on that record of Survey recorded in Volume 7 of Surveys, pages 170-174, records of Jefferson County, Washington, more particularly described as follows: Beginning at "Description Point D" as described in said record of survey, said point also being a point of curvature; thence Southerly, 61.69 feet along the are of said curve to the right, having a radius of 70:.00 feet, the radius point of which bears South 4598'01" West, through a central angel of 50"29'51" to a point of reverse curvature; thence Southeasterly, 154.50 feet along the arc of said curve to the left, having a radius of 130.00 feet, through a central angel of 68°05'40"; LPB thence South 61°57'48" East, 117.79 feet; thence South 25'01'27" East, 156.34 feet; thence South 38035'52" East, 236.26 feet; thence South 06'01'36" East, 125.99 feet; thence South 29016' 10" East, 233.33 feet; thence South 06032'32" West 162.47 feet; thence South 40'57' 15" West, 158.36 feet; thence North 58°22'32" West, 99.51 feet; thence South 309 1'16" West, 17.00 feet; thence South 16°43'17" East, 345.12 feet; thence South 15002'59" West, 278.36 feet.; thence South 87°12'20" East, 115.10 feet, thence North 55°53'44" East, 135.44 feet, thence North 43030' 13" East 224.80 feet; thence North 20°31'46" West, 116.99 feet; thence North 12009'48" East, 198.31 feet; thence South 77°50' 12" East, 253.35 feet; thence North 12°27' 12" West, 66.00 feet; thence North 77150' 12" West, 225.86 feet; thence North 12°09'48" East, 59.91 feet; thence North 61036'31" East, 205.84 feet; thence North 57°58'08" East 461.51 feet; thence North 17032' 16" East, 437.40 feet; thence North 14°09'20" West, 128.74 feet; thence North 35"48'49" East, 141.68 feet; thence North 14°09'38" West, 186.68 feet; thence North 28°22'52" West, 438.66 feet; thence North 36039'19" West, 272.92 feet; thence South 38018'38" West, 219.40 feet; thence South 32135'16" West, 182.72 feet; thence South 04°14'27" West, 79.31 feet; thence South 32°23'52" West 383.27 feet; thence South 78018'28" West, 292.45 feet; thence South 63011'27" West, 114.50 feet; thence North 61057'48" West, 124.58 feet to the beginning of a 8 DWT 21932846v2 0065364-000001 tangent curve; thence Northwesterly, 83.19 feet along the arc of said curve to the right, having a radius of 70.00 feet, through a central angle of 68005'40" to a point of reverse curvature; thence Northwesterly 100.83 feet along the arc of said curve to the left, having a radius of 130.00 feet, through a central angel of 44°26'26"; thence South 58°39'49" West 60.84 feet to the point of beginning. Parcel DD (821 211 003) Resultant Parcel "A" of Boundary Line Agreement recorded March 18, 2005 under Auditor's File No. 495995, records of Jefferson County, Washington, described as follows: That portion of the East '/z of Section 21, Township 28 North, Range 1 East, W.M., Jefferson County, Washington, lying Northerly of Watson Road and Southerly of Paradise Bay Road; EXCEPT any portion lying Southwesterly of Teal Lake Road; EXCEPT the plat of Woodridge Village Division 1, per Volume 7 of Plats, pages 47 through 50 inclusive; EXCEPT the amended plat of Teal Lake Village, per Volume 6 of Plats, pages 186 through 197 inclusive, both records of Jefferson County, Washington; Said parcel also being described as that portion of resultant Parcel A of that Boundary Line Adjustment recorded under Recording No. 45 03 74, records of Jefferson County, Washington; EXCEPT that portion lying Southwesterly of Teal Lake Road. LPB Parcel EE (821 213 003) Resultant Parcel "C" of Boundary Line Agreement recorded March 18, 2005 under Auditor's File No. 495995, records of Jefferson County, Washington, described as follows: Parcel G as depicted on that record of Survey recorded in Volume 7 of Surveys, pages 170-174, records of Jefferson County, Washington, lying within the Southeast'/4 of Section 20 and within } the West'/4 of Section 21, Township 28 North, Range 1 East, W.M., Jefferson County, Washington, more particularly described as follows: Beginning at "Description Point D" as described in said record of survey, said point also being a point of curvature; thence Southerly, 61.69 feet along the are of said curve to the right, having a radius of 70.00 feet, the radius point of which bears South 45°38'01" West, through a central angel of 50°29' 51" to a point of reverse curvature; thence Southeasterly, 154.50 feet along the arc of said curve to the left, having a radius of 130.00 feet, through a central angel of 68°05'40"; thence South 61°57'48" East, 117.79 feet; thence South 25'01'27" East, 156.34 feet; thence South 38°35'52" East, 236.26 feet; thence South 06001'36" East, 125.99 feet; thence South 29016' 10" East, 233.33 feet; thence South 06°32'32" West 162.47 feet; thence South 40057' 15" West, 158.36 feet; thence North 58°22'32" West, 99.51 feet; thence South 30011' 16" West, 17.00 feet; thence South 16143' 17" East, 345.12 feet; thence South 15002'59" West, 278.36 feet; thence South 87012'20" East, 115.10 feet; thence North 55053'44" East, 135.44 feet; thence North 43030' 13" East 224.80 feet; thence North 2091'46" West, 116.99 feet; thence North 12°09'48" East, 198.31 feet; thence South 77°50' 12" East, 253.35 feet; thence North 12°27' 12" West, 66.00 feet; thence North 77150' 12" West, 225.86 feet; thence North 12009'48" East, 59.91 feet; thence North 61036'31" East, 205.84 feet; thence North 57°58'08" East 461.51 feet; thence North 17132' 16" East, 437.40 feet; thence North 14009'20" West, 128.74 feet; thence North 35048'49" East, 141.68 feet; thence North 14°09'38" West, 186.68 feet; thence North 28°22'52" West, 438.66 feet; thence North 36°39'19" West, 272.92 feet; thence South 38°18'38" West, 219.40 feet; thence South 3 203 5'16" West, 182.72 feet; thence South 04' 14'27" West, 79.31 feet; thence South 32°23'52" West 383.27 feet; thence South 78'18'28" West, 292.45 feet; thence South 63°11'27" West, 114.50 feet; thence North 61 °57'48" West, 124.58 feet to the beginning of a 7 tangent curve; thence Northwesterly, 83.19 feet along the are of said curve to the right, having a DWT 21932346v2 0065364-000001 radius of 70.00 feet, through a central angle of 68°05'40" to a point of reverse curvature; thence Northwesterly 100.83 feet along the are of said curve to the left, having a radius of 130.00 feet, through a central angel of 44026'26"; thence South 58°39'49" West 60.84 feet to the point of beginning. EXCEPT that portion lying within the Northwest'/4 of Section 21, Township 28 North, Range 1 East, W.M_, Jefferson County, Washington. LPB Parcel FF (821291 001) The East 3/4 of the North'/z of the Northeast'/4 of Section 29, Township 28 North, Range 1 East, W.M., Jefferson County, Washington. Except any portion thereof lying within the Port Ludlow Golf Course as shown on Survey recorded in Volume 7 of Surveys at pages 170-174, records of Jefferson County, Washington. Also except any portion thereof lying within the 100 foot radius well site as descried in Exhibit "C+' per document recorded in Volume 211 of Deeds at page 342; and except any portion thereof described as Well No. 12, as recorded in Volume 211 of Deeds at page 333, both records of Jefferson County, Washington. All situate in the County of Jefferson, State of Washington. PROPERTY Q'WNED BY OL'YMPIC WATER AND SEWER INC.: Parcel A (821 084 004) / OfficeMell 2 That portion of the South'/,2 of the Southeast'/4 of Section 8, Township 28 North, Range 1 East, W.M., Jefferson County, Washington, lying between the plats of Port Ludlow No. 3, as recorded in Volume 5 of Plats at pages 95 through 97, and the plat of Port Ludlow No. 4, as recorded in Volume 6 of Plats at pages 54 through 56, records of Jefferson County, Washington. EXCEPT any portion thereof lying Northerly of the Southerly right-of-way margin of Walker Way as shown on the face of said plats. Parcel B (821 093 003) / Sewage Treatment Plat That portion of Section 9, Township 28 North, Range 1 East, W.M., Jefferson County, Washington, described as follows: Commencing at the point of intersection of the centerlines of Pope Way and Condon Lane in the plat of Port Ludlow No, 1, Area 2 per Volume 5 of Plats at page 27, records of Jefferson County; thence along the centerline of Condon Lane South 05°54'07" West 329.20 feet to a point of curvature; thence Southerly on a 1,000.00 foot radius curve to the left having a central angle of 11°08' 10" for an arc distance of 194.36 feet to a point of tangency; thence South 05014'03" East 70.17 feet to an existing cased monument at center point of the cul-de-sac at the south end of said Condon Lane; thence South 13°51'52" West 45.00 feet to the Northeast corner of Lot 37 of the above said plat and the true point of beginning; thence along the east line of said Lot 37 South 13115 F52" West 130.03 feet to the Southeast corner of said Lot 37; thence leaving said plat South 26027'34" West a distance of 272.79 feet; thence South 8094'20" East a distance of 119.75 feet; thence North 60°53'39" East a distance of 74.11 feet to the Northwest corner of "Admiralty No. 2" as per survey recorded in Volume 1 of Condominiums at pages 38 and 39, records of Jefferson County, Washington; thence Easterly along the North line of said "Admiralty No. 2" along a 110.00 foot radius curve to the left the center of which bears North 18144' 16" East, having a central angle of 27030'00", for an are distance of 52.80 feet to a point of tangency; thence continuing along the North line of said "Admiralty No. 2" and the Easterly extension thereof 10 DWT 21932846v2 0065364-000001 North 81 ° 14' 16" East 140 feet, more or less, to the line of ordinary high tide of Port Ludlow; thence Northerly along the line of said ordinary high tide a distance of 265 feet, more or less to LPB appoint on the South line of the Easterly extension of Lot 36 of the above said plat of Port Ludlow No. 1, Area 2; thence along last said line South 89°38'09" West to the Southwest corner of said Lot 36; thence along the Westerly line of said Lot 36 North 25002'27" West 116.95 feet to the Northwest corner of said Lot 36; thence Westerly along the Southerly margin of said Condon Lane on a 45.00 foot radius curve to the right, the center of which bears North 4302553" West having a central angle of 5717'45", along an arc distance of 45.00 feet to the true point of beginning. TOGETHER WITH tidelands of the second class situated in front of, adjacent to or abutting thereon. All situate in the County of Jefferson, State of Washington. 11 DWT 21932846v2 0065364-000001 576054 PGS : 6 AMEND 05/14/2013 04:26 PM $37.00 PORT LUDLOW ASSOCIATES LLC Jefferson County WA Auditor's Office - Donna Eldridge, Auditor mill k1pallZlRKY.16 KAWN."Mylld if rMU,1I III NAME & RETURN ADDRESS Please print neatly or type information DOCUMENT TITLE M o a — AW-'Q4i-h"4Ct i REFERENCE NUMBERS (S) OF RELATED DOCUMENTS -�-ql q q 3 (, 36P1 GRANTOR (S) (Last, First and Middle Initial) GRANTEE (S) (Last, First and Middle Initial) Additional Reference #'s on page Additional grantor on page Additional grantee on page LEGAL DESCRIPTION (Abbreviated i.e. lot,block,plat or section,township,range,quarter/quarter) Additional legal on page ASSESSOR'S PROPERTY TAX PARCEL/ACCOUNT NUMBER Additional parcel #'s on page The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein.