HomeMy WebLinkAboutFinal PLA Timber Harvest Settlement Agreement-O(PS TTLEMENT AGREEMENT AND RELEASE OF CLAIMS
(Port Ludlow Timber Harvests)
THIS SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS (this "Agreement")
dated for reference purposes only as of December 19, 2016, is made by and between PORT
LUDLOW ASSOCIATES LLC, a Washington limited liability company ("PLA"), and
JEFFERSON COUNTY, a political subdivision of the State of Washington ("County").
RECITALS
A. PLA is the owner of the vacant parcels of real property located in the Port Ludlow
Master Planned Resort (the "MPR"), unincorporated Jefferson County, Washington, commonly
known as Jefferson County Tax Parcel Nos. 821083006 (6.3 acres zoned MPR-SFT), 821172001
(31.5 acres zoned MPR-SFT), 821164002 (34.8 acres zoned MPR-OSR), and 821211003 (65.25
acres zoned MPR-OSR) (collectively, the "Vacant Parcels"). The Vacant Parcels are shown
generally on the map attached hereto as Exhibit A. PLA also owns other real property within the
MPR, in addition to the Vacant Parcels. Zone designations are based on the Port Ludlow Master
Planned Resort Code, Jefferson County Ordinance No. 08-1004-99 ("MPR Code").
B. In 2015, PLA conducted timber harvests within the Vacant Parcels under
Washington State Department of Natural Resources ("DNR") FPA/N Nos. 2613316 dated
December 19, 2014, and 2613456 dated March 12, 2015 (collectively, the "Timber Harvests")
C. County contends the Timber Harvests were in violation of the Port Ludlow
Development Agreement dated May 1, 2000, among Jefferson County, PLA (as a successor and
assign), and Olympic Water and Sewer, Inc., a subsidiary of PLA (as amended, the
"Development Agreement"). PLA disagrees with the County. The Parties have chosen to enter
into this Agreement rather than resolve this dispute through litigation.
D. On January 27 and May 20, 2016, the parties to this Agreement participated in a
mediation (the "Mediation") led by mediator Phyllis Macleod, to resolve their disagreements
regarding the Timber Harvests. The Mediation led, after extensive further negotiation, to the
making of this Agreement, which is intended to resolve all disagreements of the parties regarding
the Timber Harvests and to address the manner in which PLA may cut trees within the MPR
during the term of this Agreement.
E. The parties, wishing to settle their disagreements, in consideration of the
compromise of their respective positions and their mutual promises, now agree as follows:
AGREEMENT
1. Permitted Actions. Future forest management actions conducted during the term of this
Agreement by PLA or its successors shall be performed in a manner that is consistent
with this Agreement, and such consistent actions shall not be interpreted to constitute a
violation of the Development Agreement or MPR Code. All future forest management
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Dwr 28804374v25 0065364-000025
actions, including without limitation caring for and managing timber and conducting
timber harvesting operations, shall comply also with other applicable laws, orders,
ordinances, and regulations.
2. DNR Replanting. PLA represents and warrants to the County that PLA has completed
all replanting required by the DNR within the Vacant Parcels in connection with the
Timber Harvests. PLA also covenants that it will maintain these plantings to the extent
required by DNR regulations.
3. Restrictions on Forest Management in Areas Zoned MPR-OSR. Within the real
property owned by PLA that is located within the MPR and zoned MPR-OSR, which
areas as of the date of this Agreement are identified on Exhibit B attached hereto, PLA
shall not cut trees or otherwise harvest timber except as follows, each of which is
expressly permitted by this Agreement: (a) cutting that is expressly authorized by the
County in its sole discretion and in writing, upon finding it consistent with the aesthetic
and open space purposes of the MPR-OSR designation, which authorization may be
conditioned or denied by the County in its sole discretion, (b) cutting that is reasonably
incident to golf course operation, management, or renovation if the cutting is within fifty
(50) feet of the golf course and consistent with past practices of golf course operation,
management or renovation, (c) cutting reasonably incident to providing access to,
construction of, or maintenance of roadway, utility, or storm water drainage facilities, and
(d) cutting of hazard trees. The parties agree that one example of past incidents of cutting
that was not reasonably incident to golf course operation, management, or renovation was
the approximately two acres of Timber Harvest within Jefferson County Tax Parcel No.
821201003. For tree cutting proposed pursuant to subsections (b) and (c) above, if more
than fifty (50) trees equal to or greater than nine (9) inches diameter at breast height
("DBH") will be cut within any parcel or contiguous area within any twelve-month
period, PLA shall provide the County with written notice of the location and purpose of
the proposed cutting at least thirty (30) days before commencing the cutting. PLA's
notice shall include the approximate number of acres on which the timber cutting will
occur, the approximate number of trees to be cut, and the character of the cutting (e.g.,
tree thinning for golf course maintenance along Hole 9, maintenance of Oak Terrace
Lane). Upon notification by PLA of cutting proposed pursuant to subsection (b), the
County shall notify PLA within the 30-day notice period if the County disagrees that the
cutting is reasonably incident to golf course operation, management, or renovation and
consistent with this Agreement. In this Agreement, "within fifty (50) feet of the golf
course" means within fifty (50) feet of any portion of the golf course tee boxes, fairways,
roughs, bunkers, water hazards, greens, drainage areas, and other customary golf course
areas that either are actually being used or are being prepared for actual use as part of the
golf course within the following twelve (12) months.
4. Forestry in" Areas Not Zoned MPR-OSR.
4.1. Platted or Developed Lands. Within real property owned by PLA or its subsidiary
Olympic Water and Sewer, Inc., that is located within the MPR and not zoned MPR-
OSR, for which either a preliminary or final plat has been approved by the County or
land development activities have been approved by the County, which areas as of the
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DWI'28804374v25 0065364-000025
date of this Agreement are identified on Exhibit C attached hereto, PLA may cut trees or
otherwise harvest timber as long as the primary benefit and purpose of the cut or harvest
is to develop, improve, maintain, operate, or use real property for purposes other than
commercial forestry, subject to the following limitations: (a) PLA shall first obtain any
governmental approval or permit that otherwise may be required by law, including
without limitation any applicable County approval or permit and DNR Forest Practices
Approval/Notification, (b) PLA shall comply with any limitations, restrictions, and other
requirements imposed by the County or DNR in any issued approval or permit, and (c) if
more than two hundred (200) trees equal to or greater than nine (9) inches DBH will be
cut within any parcel or contiguous area within any twelve-month period, then PLA will
provide the County written notice of the location and purpose of the proposed cutting at
least thirty (30) days before commencement of any timber harvest except for removal of
hazard trees.
4.2. Unplatted and Undeveloped Lands. Within real property owned by PLA that is
located within the MPR and not zoned MPR-OSR, for which a preliminary or final plat
has not been approved by the County and/or land development activities have not been
commenced, completed, or approved by the County, which areas as of the effective date
of this Agreement are identified on Exhibit D attached hereto, PLA shall not cut trees or
otherwise harvest timber except:
a. incident to conversion to a permitted non -forestry use pursuant to a DNR Class IV -
general permit, unless the cutting qualifies as a Class I forest practice pursuant to
WAC 222-16-050(3);
b. reasonably incident to golf course expansion approved by the County;
C. reasonably incident to golf course operation, management, or renovation and within
fifty (50) feet of the golf course as defined in Section 3 above and consistent with
past practices as discussed in Section 3 above;
d. reasonably incident to providing access to, construction of, or maintenance of
roadway, utility, or storm water drainage facilities;
e. cutting hazard trees; or
f. as otherwise expressly permitted or required by the County in its discretion.
Cutting trees or harvesting timber as described in subsections a through f above is subject
to the following limitations: (i) PLA shall first obtain any governmental approval or
permit that otherwise may be required by law, (ii) PLA shall comply with the Forest
Practices Act, RCW Chapter 76.09, and the Forest Practices Rules, WAC Title 222, and
other applicable laws, orders, ordinances, and regulations, (iii) PLA shall comply with
any limitations, restrictions, and other requirements imposed by the County or DNR in
any issued approval or permit, and (iv) if more than two hundred (200) trees equal to or
greater than nine (9) inches DBH will be cut within any parcel or contiguous area within
any twelve-month period, then PLA will provide the County at least thirty (30) days
3of14
DWT 28804374v25 0065364-000025
written notice of the location and purpose of the proposed cutting prior to commencement
of any timber harvest except for removal of hazard trees.
5. Amendment of Development Agreement; Enforcement and Penalties. PLA agrees to
cooperate with the County in revising the Development Agreement and MPR Code to
provide for enforcement of the MPR Code and penalties for violation thereof similar to
enforcement and penalties provisions in other codes incorporated within the Development
Agreement, but including also a provision under which the County may issue "stop
work" orders and requests for voluntary compliance in the event of an alleged breach or
violation, but will not assert claims against PLA for breach of the Development
Agreement, issue press releases, or make public announcements without first giving PLA
ten (10) business days to provide a legal justification for its actions, provided that PLA
has stopped the work to which the County objects, except in cases of imminent material
threat to human health or safety, or to the environment.
Until any such future revision of the Development Agreement and MPR Code, if the
County determines that timber cutting or other forest management activity is taking place
or has taken place that is not consistent with this Agreement, then the County shall
provide notice of such inconsistency to PLA and, as PLA has done following the Timber
Harvests, PLA shall immediately stop any ongoing activity that is the subject of such
notice and shall not resume the activity unless permitted by mutual agreement, binding
arbitration, or a court order. If the County and PLA cannot agree on whether an
inconsistency exists, or on mitigation or other remedies for an inconsistent action that
already has taken place, then PLA and the County shall engage in the dispute resolution
processes described in the Development Agreement, and if such processes are
unsuccessful, each party reserves the right to seek resolution and pursue remedies
available under the Development Agreement and at law.
6. Consistency with Development Agreement. In the event of any conflict between the
Development Agreement and this Agreement, this Agreement shall prevail.
7. Withdrawal of Notice of Violation. The County acknowledges that it is unaware of any
evidence that PLA acted in bad faith, unethically, or unreasonably in connection with the
Timber Harvests; the County recognizes that PLA was open and transparent in its
actions; and the County acknowledges that PLA believed its actions were consistent with
the Development Agreement, MPR Code, and other applicable laws, orders, ordinances,
and regulations. In consideration of the making of this Agreement (a) the County will
hereafter acknowledge that PLA was acting in good faith, and (b) the County hereby
withdraws its letter dated May 7, 2015, from Carl Smith, Director of Department of
Community Development, to Diana Smeland, President of PLA, and such letter shall
have no further force or effect.
8. Consultation with Owners. If PLA is contacted, either directly or through the County,
by any owner of real property in the MPR abutting the Timber Harvests as defined in
Recital B, and such owner expresses concerns about the aesthetic, public safety, or other
impacts of the cutting, PLA agrees to consult and meet on -site with the owner in good
4of14
DWT 28804374v25 0065364-000025
faith to discuss the owner's concerns and PLA will consider whether it should voluntarily
offer any actions in response to those concerns.
9. Release of Claims. PLA and the County hereby release, forever discharge, and covenant
not to sue each other based upon any cause of action, claim, damage, expense, demand,
liability, or loss arising from or relating to the Timber Harvests, provided, however, that
this release, discharge, and covenant not to sue shall not apply to the obligations of any
party arising under this Agreement.
10. Successors and Assigns. This Agreement shall be binding upon and shall inure to the
benefit of the parties, their successors and assigns. The obligations and rights of PLA
under this Agreement are personal to PLA and to any express assignee of PLA of its
obligations and rights under the Development Agreement and do not transfer to consumer
purchasers of any portion of the real property owned by PLA within the MPR.
11. Amendment, Expiration, and Termination. This Agreement may be amended, and any
requirement contained herein waived, only by written instrument executed by the parties
personally or through their authorized representatives. This Agreement shall expire
automatically on the date that the Development Agreement expires, after any existing or
future extensions. Before expiration, this Agreement may be terminated only by the
mutual written agreement of the parties or by operation of law.
12. General. Exhibits B through D to this Agreement represent the best efforts of the parties
to inventory the real property owned by PLA within the MPR, but in the event of any
conflict between the description of the property that is provided in Sections 3, 4.1, and
4_2 above, on the one hand, and the applicable exhibit, on the other hand, the description
of the property that is provided in Sections 3, 4.1, or 4_2 above, as applicable, shall
control. The parties shall not be bound under this Agreement unless and until both
parties to this Agreement have executed and delivered it. Each person signing this
Agreement represents and warrants that he or she is duly authorized and empowered to
execute and deliver this Agreement on behalf of the party for whom he or she signs. The
parties shall cooperate fully with each other in order to give the terms of this Agreement
full force and effect. The purpose of this Agreement is to compromise a disputed claim.
It is not an admission of liability on the part of any party. This Agreement constitutes the
entire agreement of the parties with respect to the subject matter hereof, and there are no
representations, agreements, arrangements, understandings, warranties, or guarantees,
oral or written, between the parties or any of them with respect to the subject matter
hereof except as set forth herein. Should either party commence legal action to enforce or
interpret any or all of the terms of this Agreement, each party in such action shall bear its
own attorneys' fees and costs. The interpretation and enforcement of this Agreement
shall be governed by the laws of the State of Washington. This Agreement may be
delivered via hand, mail, electronic mail, or overnight delivery.
(Remainder of page intentionally left blank.)
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DWI' 28804374v25 0065364-000025
EFFECTIVE as of date first above written.
PLA: PORT LUDLOW ASSOCIATES LLC, a
Washington limited liability company
By: —)�" �-s . —
Diana Smeland
Its President
Date: At 1�-14
COUNTY: JEFFERSON COUNTY, a political subdivision
of the State of Washington
Kathleen Kler, Chair
r r'�•�
By V
Phil fohnson, Commissioner
17
By f
avid Su livan, Commissioner
c'
Date: a , y /
ATTEST: APPROVED AS TO FORM:
f
Ale hez �fyx
Carolyn Aveo Patrick Schneider, r
Deputy Clerk of the Board Special Deputy Prosecuting Attorney
6of14
DW"r 28804374v25 0065364-000025
EFFECTIVE as of date first above written.
PLA:
COUNTY:
ATTEST:
Carolyn Avery
Deputy Clerk of the Board
PORT LUDLOW ASSOCIATES LLC, a
Washington limited liability company
Diana Smeland
Its President
Date:
JEFFERSON COUNTY, a political subdivision
of the State of Washington
a
Kathleen Kier, Chair
By
Phil Johnson, Commissioner
M
David Sullivan, Commissioner
Date:
ZAPVE,D AS TO FORM:
Patrick Schneider,
Special Deputy Prosecuting Attorney
6of14
DWT 2880437425 0065364-000025
STATE OF WASHINGTON )
) ss.
COUNTY OF JEFFERSON )
On this 1�, day of 2016, before me, a Notary Public in and for the
State of Washington, personally appeared DIANA SMELAND, personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person who executed this
instrument, on oath stated that she was authorized to execute the instrument, and acknowledged
it as the President of Port Ludlow Associates LLC, to be the free and voluntary act and deed of
said limited liability company for the uses and purposes mentioned in the instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year
first above written.
FNotary Public `
of washill"N.)n
JAN FiALLS NOTARY PUBL I n and for the State of Washington,
MMISSION EXPIRES residing at
June 25, 2019 My appointment expires
Print Name#
STATE OF WASHINGTON )
) ss.
COUNTY OF JEFFERSON )
I� �ti
On this t t - day of 2016, before me, a Notary Public in and for the
State of Washington, personally appeared KATHLEEN KLER, PHIL JOHNSON, and DAVID
SULLIVAN, personally known to me (or proved to me on the basis of satisfactory evidence) to
be the persons who executed this instrument, on oath stated that they were authorized to execute
the instrument, and acknowledged it as the three members of the Jefferson County Board of
County Commissioners to be the free and voluntary act and deed of said Board, acting in their
official capacity representing Jefferson County, Washington, for the uses and purposes
mentioned in the instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year
first above written.
NOTARY VjJBLIC in ancfhor the State of Washington,
residing at .ytl v
My appointment expiresZY
Print Name Or, P-
7of14
DWT 28804374v25 0065364-000025
EXHIBIT A
VACANT PARCELS AS DEFINED IN RECITAL A OF SETTLEMENT AGREEMENT
Puget Sound
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Vacant Parcels as Defined in
Recital A
Other Parcels Owned by
PLA OWSI(...
or
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q�gyoao�a7B
- - -�fgy j88vio39.•.-J4-- 7g�gcsam ...L--
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78802014
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8of14
DWT 28804374v25 0065364-000025
EXHIBIT B
DESCRIPTION OF PROPERTY ZONED MPR-OSR
Parcel Number
Le gal Description
Parcel'sZoning
Approximate
Acreage In
Zone
Owner
per
Assessor
Ownershipas
Dedicated on
Plat Ma
DAkN SPACE RE38RY8`
821164001
S16T28R1EGOVLOTS 5&6(LSPLATTED) LESS R/W
MPR-OSR
30.19
PLA
821164002
S16T28R1ESESELESSROFW
MPR-OSR/MPR-SF4
20.05
PLA
821174002117T28MEGOV
LOT 3(ISLAND)&TLTAX DIGOVLOT7(ISLAND)
MPR-OSR
2.99
PLA
821174003
517T28NR1ETAX24-BLAA91405
MPR-OSR
32.80
PLA
821201003
S2OT28R1ETAX1
MPR-OSR
118.75
PLA
821204001
S20T28R1ETAX 6-PARCEL0BNDTGTHTHRUBLAM102966
MPR-MF-10/MPR-SF4/MPR-0SR
97.83
PLA
821211003
S21 T28 RIETAX 19 W/PTN VAC WATSON RD ADJ BND TGTH
THRUSLAA102966
MPR-OSR
65.25
PLA
821213003
S21T28R1ETAX 21-PARCELCBNOTGTHTHRUBLAA102966
MPR-MF-10/MPR-SF4/MPR-OSR
0.43
PLA
TT1 Da�i,
MPR-OSR — — --
36829
9 of 14
DWT 28804374v25 0065364-000025
EXHIBIT C
DESCRIPTION OF PLATTED OR DEVELOPED LANDS
NOT ZONED MPR-OSR
Parcel Number
Legal Description
Parcel's Zoning
Approximate
Acreage in
Zone
Owner Ownership as
per Dedicated on
Assessor Plat Ma
SINGLE FAMILY • 4 Dus/ACRE- P1AMD
_
MPR-5F-4 1.26 OWSI
821081031
IST28RIETAX 50
82108400418
T21 R I I SW SE(1.5 PTN PLATTED& LSPTN N/WALKER WAY)
INCSM PTN IN $ESE
MPR-SF-4
2.13
OWSI
821163013
S16 T28 R1E TAX 7
MPR-SF-4
2.61
PLA
968800009
LUDLOW COVE DIVISION I PHASE 2 LOT 9TGTH W/UND I NT IN
'TR F G&H SUAI TO EASE
MPR-SF-4
0.29
PLA
968800010
LU DLOW COVE DIVISION 1 PHASE 2 LOT 10 TGTH W/UND I NT IN
'MF G&H SUBI TO EASE
MPR-SF-4
0.31
PLA
968800011
I LUDLOW COVE DIVISION 1 PHASE 2 LOT 11TGTH W/UND I NT IN
'TA F G&H SUfU TO EASE
MPR-SF-4
0.31
PLA
968800100
LUDLOW COVE DIVISION 1 PHASE 1 OPEN SPACE TRACTSA B&
C
MPR-SF-4
2.36
PLA
Dedicated to
Waterhouse
Lane HOA
968900001
LUDLOW COVE DIVISION 2 LOT1
MPR-SF-4
0.18
PLA
968900002
LUDLOW COVE DIVISION 2 LOT
MPR-SF-4
0.16
PLA
968900003
LUDLOW COVE DIVISION 2 LOT
MPR-SF-4
0.14
PLA
968900004
LUDLOW COVE DIVISION 2 LOT4
MPR-SF-4
0.21
PLA
968900006
LUDLOW COVE DIVISION 2 LOT
MPR-SF-4
0.14
PLA
968900007
LUDLOW COVE DIVISION 2 LOT
MPR-SF-4
0.14
PLA
968900008
1 LUDLOW COVE DIVISION LOT
MPR-SF-4
0.15
PLA
9689000091
LUDLOW COVE DIVISION LOT
MPR-SF-4
0.15
PLA
968900011
LUDLOW COVE DIVISION 2 LOT11
MPR-SF-4
0.13
PLA
9689000121
LUDLOW COVE DIVISION 2 LOT12
MPR-SF-4
0.14
PLA
968900013
LUDLOW COVE DIVISION 2 LOT13
MPR-SF-4
0.15
PLA
968900017
LUDLOW COVE DIVISION 2 LOT 17
MPR-5F-4
0.13
PLA
968900018
LUDLOW COVE DIVISION 2 LOT 18
MPR-SF-4
0.12
PLA
968900021
LUDLOW COVE DIVISION 2 LOT21
MPR-SF-4
0.14
PLA
968900022
LUDLOW COVE DIVISION LOT22
MPR-SF-4
0.12
PLA
9689000241
LUDLOW COVE DIVISION 2 LOT24
MPR-SF-4
0.12
PLA
9689000261
LUDLOW COVE DIVISION 2 LOT 26
MPR-5F-4
0.11
PLA
968900027
LUDLOW COVE DIVISION LOT 27
MPR-SF-4
0.12
PLA
968900028
LUDLOW COVE DIVISION 2 LOT 28
MPR-SF-4
0.12
PLA
968900029
LUDLOW COVE DIVISION LOT29
MPR-SF-4
0.12
PLA
968900030
LUDLOW COVE DIVISION LOT30
MPR-SF-4
0.12
PLA
968900031
LUDLOW COVE DIVISION LOT31
MPR-SF-4
0.16
PLA
968900033
LUDLOW COVE DIVISION LOT33
MPR-SF-4
0.14
PLA
968900034
LUDLOW COVE DIVISION 2 LOT34
MPR-SF-4
0.15
PLA
968900035
LUDLOW COVE DIVISION 2 LOT35
MPR-SF-4
0.13
PLA
968900036
LUDLOW COVE DIVISION 2 LOT36
MPR-SF-4
0.12
PLA
968900037
LUDLOW COVE DIVISION LOT37
MPR-SF-4
0.12
PLA
968900039
LUDLOW COVE DIVISION 2 LOT39
MPR-SF-4
0.12
PLA
968900040
LUDLOW COVE DIVISION 2 LOT40
MPR-SF-4
0.12
PLA
968900041
LUDLOW COVE DIVISION 2 LOT41
MPR-SF-4
0.12
PLA
10of14
DWT 28804374v25 0065364-000025
EXHIBIT C (continued)
Legal Description
Parcel's Zoning
Approximate
Owner
Ownership as
Acreage in
per
Dedicated on
Zone
Assessor
Plat Map
OLYMPICTERRACEDIV2PHILOTISUBJTOEASE/RESTOF
MPR-SF-4
0.55
PLA
EPamcelNumboer
RECORD
OLYMPICTERRACEDIV2PH1LOT2SUBJTOEASE/RESTOF
MPR-SF-4
0.53
PLA
RECORD
OLYMPICTERRACEDIV2PH1LOT35UBJTOEASE/RESTOF
MPR-SF-4
0.44
PLA
RECORD
OLYMPIC TERRACE DIV 2 PH 1 LOT 4 SUBJ TO EASE/REST OF
MPR-SF-4
0.50
PLA
RECORD
978802005
OLYMPIC TERRACE DIV 2 PH 1 LOTS SUBJ TO EASE/REST OF
MPR-SF-4
0.50
PLA
RECORD
978802006
OLYMPIC TERRACE DIV 2 PH I LOT 6 SUBJ To EASE/REST OF
MPR-SF-4
0.50
PLA
RECORD
978802007
OLYMPIC TERRACE DIV2PH1LOT 7SUBITOEASE/REST OF
MPR-SF-4
0.50
PLA
RECORD
978802008
OIYMP I C TER RACE D I V 2 P H 1 LOT 8 S UBJ TO EAS E/R EST OF
MPR-SF-4
0.50
PLA
RECORD
978802009
OLYMPICTERRACEDIV2PHILOT 9SUBJTOEASE/REST OF
MPR-SF-4
0.48
PLA
RECORD
978802013
OLYMPIC TERRACE DIV 2 PH 1 LOT 13 SUBJ TO EASE/REST OF
MPR-SF-4
0.46
PLA
RCRD
978802014
OLYMPIC TERRACE DIV 2PH1LOT 14SUB1TOEASE/REST OF
MPR-SF-4
0.50
PLA
RCRD
978802015
OLYMP I C TERRACE D I V 2 P H I LOT 15 S U BJ TO EASE/R EST OR
MPR-SF-4
0.63
PLA
RCRD
978802016
OLYMPIC TERRACE DIV 2 PH 1 LOT16 SUBJ TOEASE/RESTOF
MPR-SF-4
0.50
PLA
RCRD
978802017
OLYMPIC TERRACE DIV 2 PH 1 LOT17 SUBJ TOEASE/RESTOF
MPR-SF-4
0.50
PLA
RCRD
978802018
OLYMPIC TERRACE DIV 2 PH I LOT18 SUBJ TOEASE/RESTOF
MPR-SF-4
0.50
PLA
RCRD
978802019
OLYMPIC TERRACE DIV 2 PH I LOT19 SUBJTOEASE/RESTOF
MPR-SF-4
0.50
PLA
RCRD
978802020
OLYMPIC TERRACE DIV 2 PH I LOT20 SUBJ TOEASE/RESTOF
MPR-SF-4
0.50
PLA
RCRD
978802021
OLYMPIC TERRACE DIV 2 PH 1 LOT21 SUBJ TOEASE/RESTOF
MPR-SF-4
0.53
PLA
RCRD
978802022
OLYMPIC TERRACE DIV 2PH1LOT22SUBJTOEASE/RESTOF
MPR-SF-4
0.61
PLA
RCRD
978802023
OLYMPIC TERRACEDIV2 PH 1 LOT23 SUBJ TO EASE/RESTOF
MPR-SF-4
0.69
PLA
RCRO
978802024'
OLYMPIC TERRACE DIV 2PHILOT24SUBJ TOEASE/RESTOF
MPR-SF-4
0.66
PLA
RCRD
978802025'
OLYMPIC TERRACE DIV 2PH1LOT25SUBJ TOEASE/RESTOF
MPR-SF-4
0.64
PLA
RCRD
978802026
OLYMPIC TERRACE DIV 2 PH 1 LOT26 SUBJ TOEASE/RESTOF
MPR-SF-4
0.53
PLA
RCRD
978802027
OLYMPIC TERRACE DIV 2 PH I LOT27 SUBJ TOEASE/RESTOF
MPR-SF-4
0.38
PLA
ACAA
978802031
OLYMPICTERRACEDIV2PHILOT31SUBJ TOEASE/RESTOF
MPR-SF-4
0.44
PLA
RCRD
978802032
OLYMPICTERRACEDIV 2PH1LOT32SUBJ TOEASE/RESTOF
MPR-SF-4
0.54
PLA
RCRD
978802033
OLYMPICTERRACE DIV2 PH 1 LOT33 SUBJ TOEASE/RESTOF
MPR-SF-4
0.50
PLA
RCRD
978802034OLYMPICTERRACE
DIV 2PH1LOT34SUBJ TOEASE/RESTOF
MPR-SF-4
0.46
PLA
RCRD
978802035
OLYMPICTERRACE DIV 2 PH 1 LOT 35 SUBJ TO EASE/REST OF
MPR-SF-4
0.52
PLA
RCRD
978802036
OLYMPICTERRACE DIV2 PH 1 LOT36 SUBJ TO EASE/RESTOF
MPR-SF-4
0.51
PLA
RCRD
978802037
OLYMPIC TERRACE DIV 2 PH I LOT37 SUBJ TO EASE/RESTOF
MPR-SF-4
0.52
PLA
RCRD
978802038
OLYMPIC TERRACE DIV 2 PH I LOT38 SUBJ TOEASE/RESTOF
MPR-SF-4
0.61
PLA
RCRD
978802039
OLYMPICTERRACE DIV 2 PH I LOT39 SUBJ TOFASE/RESTOF
MPR-SF-4
0.44
PLA
RCRD
978802040
OLYMPICTERRACE DIV 2 PH I LOT40 SUBJ TOEASE/RESTOF
MPR-SF-4
0.45
PLA
RCRD
978802041
OLYMPIC TERRACE DIV 2 PH 1 LOT41 SUBJ TOEASE/RESTOF
MPR-SF-4
0.44
PLA
RCRD
11 of 14
DWT 28804374v25 0065364-000025
EXHIBIT C (continued)
Parcel Number
Legal Description
Parcel's Zoning
Approximate
Acreage In
Zone
Owner
per
Assessor
Ownership as
Dedicated on
Plat Map
978802501
OLYMPICTERRACE DIV2PHITRACT B-FUTURE DEVELOPMENT
PHASE
MPR-SF-4
3.04
PLA
978802502
OLYMPIC TERRACE DIV 2 PH I TRACT C-FUTURE DEVELOPMENT
PHASE
MPR-SF-4
5.76
PLA
978802503
OLYMPIC TERRACE DIV 2 PH 1 TRACT D-FUTURE DEVELOPMENT
PHASE
MPR-SF-4
5.63
PLA
978802504
OLYMPIC TERRACE DIV 2 PH 1 TRACT E-FUTURE DEVELOPMENT
PHASE
MPR-SF-4
8.09
PLA
990400174
PORT LUDLOWNO1AREA 1"EXCEPTIONAL WELL SITE"
MPR-SF-4
0.29
OWSI
990400464
PORTLUDLOWNOI AREA4LOT68
MPR-SF-4
0.38
PLA
990400467
PORTLUDLOWNO IAREA4,LOT71
MPR-SF-4
0.34
PLA
990404101
PORTLUDLOW NO1 AREA4 LOT105
MPR-SF-4
0.31
PLA
995600008
SOUTH BAYa2 Lora
MPR-SF-4
0.33
PLA
TTLSF4- PLATTED/PRELIM PLAT:
MPR-SF•4
55.59
VILLAGE CENTER
821171001
S17'f28RIETAX34PORT LUDLOWVILLAGE CENTER ONO TGTH
THRU BLAN102967
MPR-VC
6.83
PLA
821172002
PORT LUDLOW R.V. PARK (PHASE 1 & 2) (ENLG BYTAX 35) BIND
BYBLA I02967
MPR-VC
34.46
PLA
TTL VC:
MPR-VC
41.29
RESORT COMPLEX/COMMUNITY FACILITIES
82109300319
T28 R 1 E TAX 13&TL TAX D-1(SEWAGE TREATMENT P LANT)
MPR-RC/CF
2.00
OWSI
821093001
S9 T2 8 R I E TAX 12
MPR-RC/CF
9.89
PLA
821162005
S16T28R1ET.TAX A(LSAl9,A2)8,TLTXB
MPR-RC/CF
0.00
PLA
968600001
LUDLOW BAY VI LLAG E PAR CEL I HERON BEACH I NN
MPR-RC/CF
1.01
PLA
968600002
LUDLOWBAY VILLAGELTM1(LSTX13)SFl&SF2(SE 2.12')BNO
TGTH THRU BLA0113153 EXHIBIT D PARCEL 2 AFN545161 P15
MPR-RC/CF
2.03
PLA
968600006
LUDLOWBAY VILLAGE-HARBORMASTERPARCELS R-I,TH-39
THRU TH-42 END TGTH THRU BLAN1131S3 EXHIBIT H PARCEL 6
AFN545161 P19
MPR-RC/CF
0.43
PLA
968600007
LUDLOW BAYVILLAGE PARCEL R-2
MPR-RC/CF
1.35
PLA
968600008
LUDLOW BAYVILLAGE PARCEL R-3 9, M-3 BND TGTH THRU
BLAW113153 EXHIBIT M PARCEL 11 AFN545161 P24
MPR-RC/CF
1.06
PLA
968600010
LUOLOWBAYVILLAGELOTSSF-2(LSSE'LY2.12')3&4BNDTGTH
'THRU BLAN113153 EXHIBITC PARCEL 1 AFN545161 P14
MPR-RC/CF
0.10
PLA
968600032'LUDLOWBAYVILLAGELOTTH-16A.t9
THRU 21BNOTGTH THRU
IBLA#113153 EXHIBITL PARCEL 10 AFN545161 P23
MPR-RC/CF
0.06
PLA
968600035
LUDLOWBAYVILLAGEPARCELSTH-22THRU TH-25BDTGTH
THRU BLAY113153 Elf HIBITK PARCEL 9 AFN545161 P22
MPR-RC/CF
0.06
PLA
968600046
LUDLOW BAYVILLAGE LOTTH-33 9,34 BND TGTH THRU
BLAA113153 EXHIBITL PARCEL 8 AFN545161 P21
MPR-RC/CF
0.10
PLA
968600048
LUDLOW BAYVILLAGE LOTTH-35 THRU TH-38 BND TGTH THRU
BLAN313153 EXHIBITI PARCEL 7 AFN545161 P20
MPR-RC/CF
0.07
PLA
968600056
LUDLOW BAYVILLAGE PARCELS TH43 THRU 45A BND TGTH
THRU BLAN113153 EXHIBITG PARCEL 5 AFN545161 P18
MPR-RC/CF
0.06
PLA
968600059
LUDLOWBAYVILLAGELOTTH-46THRU TH-53BNDTGTH THRU
BLA#113153 EXHIBITF PARCEL 4 AFN545161 P17
MPR-RC/CF
0.06
PLA
968600073
LUDLOW BAYVILLAGE LOTS TH-28A
MPR-RC/CF
0.01
PLA
968600074
LUDLOWBAYVILLAGEPARCEL M-1(TAX13)BNDTGTH THRU
BLAN113153 EXHIBIT E PARCEL 3 AFN545161 P16
MPR-RC/CF
0.21
PLA
968600075
LUDLOW BAYVILLAGE PARCELS M-2 & M-4 RESIDUAL OF
BLAN113153
MPR-RC/CF
1.15
PLA
TTLRC/CF:
MPR-RC CF
19.65
12 of 14
DWT 28804374v25 0065364-000025
EXHIBIT C (continued)
Parcel Number
Legal Description
Parcel's Zoning
Approximate
Acreage In
Zone
Owner
per
Assessor
Ownership as
Dedicated on
Plat Ma
RECREATION AREA developed
821163003
SIGT28R1ETAx9
MPR-RA
4.42
PLA
821163006
S16T28RSEGOVLOT 4(PNTGOLF COURSE TRA)
MPR-RA
2.65
PLA
821163007
S16 T28 ME SWSW(PTN GOLF COURSE TR A)
MPR-RA
7.59
PLA
821201002
S20T28R1ENEI/4(PTNGOLF COURSE TRE)
MPR-RA
11.39
PLA
B21204002
S20T28R1ESE1/4(PTNGOLF COURSETRSC&D)
MPR-RA
28.32
PLA
821212002
S11T28R1ENW1141PTNGOLF COURSETRSA.B,C)(LESS PTN
FAI RWAY VILLAG E CONOOS
MPR-RA
63.54
PLA
821212003
S21T78R1.ENWI/41LSPLATTED)IMPSONLYGOLF
CLUOKOUSEPAAKING
MPR-RA
0.00
PLA
821213002
511 T28R1ESW1/4(PTNGOLF COURSE TRSB&C)
MPR-RA
29.10
PLA
821291003119T18R1FN1/2NE(PTNGOLF000RSETRD)
MPR-RA
13.75
PLA
subnl RA developed: _--
MPR-RA
160,76
TrLPLATTEDIDEVELOPED 277.29
13of14
DWI'28804374v25 0065364-000025
EXHIBIT D
DESCRIPTION OF UNPLATTED AND UNDEVELOPED LANDS
NOT ZONED MPR-OSR
Parcel Number
Legal Description
Parce I's Zoning
Approximate
Owner
Ownership as
Acreage In
per
Dedicated on
Zone
jAssessorl
lat Ma
U NPLATTED/UNDEVELOPED
RECREATION AREA undeveloped
821201004
S20 T28 R1ETAX 2(INC PTN IN SEC 17)(9-HOLE TRAILGOLF
MPR-RA
83.09
PLA
COURSE
subttl RA undeveloped:
MPR-RA
83.09
SINGLE FAMILY - 4DUs/ACRE - UNPLATTED
821164002
516T28R1ESESELESSROFW
MPR-05R/MPR-SF4
18.54
PLA
821173001517T28R1ETAX26-OLAN91405
MPR-SF-4
101.33
PLA
821204001
S20T28R1ETAX 6-PARCELDBNDTGTHTHRUBLA9102966
MPR-MF-10/MPR-SF4/MPR-OSR
1.10
PLA
821213003
Ill T18R1ETAX 21-PARCELCBNDTGTHTHRUBLAM102966
MPR-MF-10/MPR-SF4/MPR-OSR
27.05
PLA
82 1291001
119 T29 IlE N1/2 NE(LESS W1/2 NW NE & PIN GOLF COURSE)
MPR-SF-4
46.25
PLA
subttl SF-4un latted:
MPR-SF-4
194.27
SINGLE FAMILY TRACT
821083006 58T18R1ESESW(LSPTNPTLUDLOW#6) MPR-SFT 6.30 PLA
821172001517T28 R1E El/2 NWl/4(N/RD&W/PT LUDLOW 6) MPR-SFT 31.52 PLA
subttl SIFT: MPR-SFT 37.82
MULTIFAMILY 1n- UNDFVFLnPFD
821171015
S17 T28 R1E TAX 19 WITH EASE AFNN464018
MPR-MF-10
9.28
PLA
821204001
S20T28RIETAX6-PARCEL D BND TGTH THRU BLAN102966
MPR-MF-10/MPR-SF4/MPR-OSR
2.00
PLA
821213003121T21R1E
TAX 21-PARCELCBNDTGTHTHRUBLAU102966
MPR-MF-10/MPR-SF4/MPR-OSR
6.87
PLA
9788025000LYMPIC
TERRACE DIV2PH1TRACT A (OPEN SPACE)
MPR-MF-10
109.12
PLA
Dedicated to
OT I I Common
Space
subttl MF-10undeveloped:
MPR-MF-10
127.27
TTL LINPLATTED/UNDEVELOPED: 1 1 442.45 1
14 of 14
Error! Unknown document property name.
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
FROM: Philip Morley, County Administrator
DATE: December 19, 2016
RE: Status Update of Settlement Negotiations with Port Ludlow Associates re: 2015 Timber
Harvests; Possible Deliberation and Action on a Settlement Agreement and Release of Claims
STATEMENT OF ISSUE: Staff will brief the Board on the status of settlement negotiations with Port
Ludlow Associates (PLA) regarding PLA's 2015 timber harvests within the Port Ludlow Master Planned
Resort. The Board may also deliberate on, and may take action on, a potential Settlement Agreement
and Release of Claims.
ANALYSIS: In 2015, Port Ludlow Associates conducted timber harvests and/or obtained State Forest
Practice Permits to conduct harvests on four parcels within the Master Planned Resort: parcel numbers
821083006 (6.3 acres zoned MPR-SFT), 821172001(31.5 acres zoned MPR-SFT), 821164002 (34.8 acres
zoned MPR-OSR), and 821211003 (65.25 acres zoned MPR-OSR). The County contended that the timber
harvests were in violation of the Port Ludlow Development Agreement dated May 1, 2000. PLA
disagreed with the County.
Pursuant to the Development Agreement, the County and PLA entered into mediation and a negotiation
process to attempt to resolve the dispute, as a required step prior to litigation. On January 27 and May
20, 2016, the County and PLA participated in a mediation led by mediator Phyllis Macleod, to attempt to
resolve their disagreements regarding the timber harvests. The County and PLA subsequently engaged
in extensive further direct negotiations regarding the 2015 harvests, as well as what timber practices
PLA may conduct under the Development Agreement within the Master Planned Resort in future years.
Staff will update the Board of County Commissioners on the status of those negotiations. If staff
negotiations have resulted in a finished proposal for a Settlement Agreement and Release of Claims, the
Board would be given an opportunity to deliberate on the finished proposal, and potentially take action
on whether to approve the Agreement.
FISCAL IMPACT: No direct fiscal impact. Once and if a Settlement Agreement is mutually executed, the
County's cost to conduct negotiations would be curtailed, and the costs of litigating may also be
avoided.
RECOMMENDATION: Hear the staff briefing. If a Settlement Agreement is ready for consideration,
deliberate on said Settlement proposal, and potentially take action on the proposal.
RE -VIEWED BY:
6
Philip Morki4ounty Administrator Date