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HomeMy WebLinkAbout062 08 ~ CC'veb] . . 1(1"03 q/I/"Io'l: PA STATE OF WASHINGTON County of Jefferson IN THE MATTER OF A RESOLUTION } To approve and execute a Corrected } Amendment # 1 to the Port Ludlow Development } Agreement in accordance with earlier County } Commission Resolutions #42-00 and #57-08 and } Section 4.6 of that Development Agreement } . 62-08 Resolution No. The Jefferson County Board of Commissioners enters the following findings: 1. On August 28, 1998 the BoCC adopted Resolution No. 72-98 establishing the Jefferson County Comprehensive Land Use Plan in accordance with the Growth Management Act Chapter 36.70A RCW. 2. The Comprehensive Plan established the Port Ludlow Master Planned Resort. The Comprehensive Plan contains policies in LNG 25.0 of Land Use and Rural element, which maintain the viability of Port Ludlow as Jefferson County's first Master Planned Resort (MPR) and only MPR established pursuant to RCW 36.70A.362 3. On May 8th, 2000 the BoCC adopted Resolution No. 42-00 establishing a Port Ludlow Development Agreement (PLDA) with land owner Pope Resources pursuant to Chapter 36.70B.170 & 36.70A RCW. 4. Section 4.6, Exhibit A of the PLDA allows the PLDA to be amended with the express written consent of the BoCC and Pope, or its successors in title (Port Ludlow Associates) by ordinance or resolution only after public notice and a public hearing. 5. On March 28, 2008 Jefferson County received an application to amend the PLDA to eliminate the Appellate Hearing Examiner or "closed record appeal" step from the process a project permit application undergoes pursuant to the PLDA. 6. The purpose of the proposed amendment was to eliminate the existing requirement that any project permit application submitted by Port Ludlow Associates be potentially subject to both an open record hearing and a subsequent closed record appeal. State law allows local governments such as this County to not include a closed record appeal in their project permit application process. 7. Based upon a recommendation by the Department of Community Development, the BoCC approved the application to review the proposed amendment and scheduled the required public hearing. r RESOLUTION NO. 62-08 Page: 2 8. On May 27,2008 the public hearing was held by the BoCC and public testimony was received. Testimony both in support of and in opposition to the proposed amendment was received by the BoCC. 9. On July 7,2008 the BoCC approved Amendment No.1 to Port Ludlow Development Agreement. The vote to approve was unanimous. 10. On August 18,2008, the BoCC approved Resolution No. 57-08, which made reference to the version of Amendment No.1 to Port Ludlow Development Agreement that was recorded in the real property records of Jefferson County on August 12,2008, under Auditor's File No. 536369 (the "Original Recorded Amendment"). 11. However, the BoCC was recently informed by Port Ludlow Associates LLC that the Original Recorded Amendment incorporated by mistake the legal description of real property contained in the PLDA, since Port Ludlow Associates LLC and Olympic Water and Sewer, Inc., no longer own all of the real property listed and described in the PLDA. 12. A corrected version of Amendment No.1 to Port Ludlow Development Agreement is attached hereto as Exhibit A (the "Corrected Amendment"). In the Corrected Amendment, the legal description and tax parcel numbers describe only real property currently owned by Port Ludlow Associates LLC and Olympic Water and Sewer, Inc., within the Port Ludlow Master Planned Resort. 13. In addition, the date reference in the preamble has been revised and the address of the Jefferson County Prosecuting Attorney has been added. 14. Jefferson County, Port Ludlow Associates LLC, and Olympic Water and Sewer, Inc., are the sole parties to the PLDA and the Corrected Amendment. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners, Jefferson County, Washington, as follows: 1.0 The Corrected Amendment amends and modifies the PLDA only as to real property within the Port Ludlow Master Planned Resort owned of record by Port Ludlow Associates LLC and Olympic Water and Sewer, Inc., as of the effective date of the Corrected Amendment. 2.0 The Corrected Amendment shall not affect the development of any real property within the Port Ludlow Master Planned Resort except real property owned of record by Port Ludlow Associates LLC and Olympic Water and Sewer, Inc., as of the effective date of the Corrected Amendment. r RESOLUTION NO. 62-08 Page: 3 3.0 The adoption of the Corrected Amendment, affecting real property owned by Port Ludlow Associates LLC and Olympic Water and Sewer, Inc., and located in Jefferson County, furthers the public's health, safety, and welfare by eliminating the Appellate Hearing Examiner process from the PLDA, which is consistent with the land use procedures found in the Unified Development Code (Title 18, Jefferson County Code) as applied to all property located within unincorporated Jefferson County. 4.0 The Board intends that the Corrected Amendment approved by this Resolution shall apply only to real property owned by Port Ludlow Associates LLC and Olympic Water and Sewer, Inc., within the Port Ludlow Master Planned Resort and as described in the Corrected Amendment, to the extent permitted by law. 5.0 Effective Date. This Resolution shall become effective on the 15 day of September, 2008. 6.0 Adoption. Adopted by the Jefferson County Board of Commissioners this 15 day of September, 2008. JEFFERSON COUNTY BOARD OF COMMISSIONERS #i!i (~, 1/ _ Phil Johnson, Chairman 4~4~' David Sullivan, Member RESOLUTION NO. 62-08 APPROVED AS TO FORM: ONLY Page: 4 rjJ~C1L , David Alvarez "If Chief Civil Deputy Prosecuting Attorney, Jefferson County Exhibit "A" (~ e> eJ), 11//3/0'1 111111111111111I111111 ~~;~~4~~ '" .1AffAI""c::nn r.:nllntv 01,'" I)n~T Illnl nlJ Q~!=:.nr.:TQT ClMJ:'Nn A? rnm WHEN RECORDED, RETURN TO: Marco de Sa e Silva Davis Wright Tremaine LLP 1201 Third Avenue, Floor 22 Seattle, Washington 98101 CORRECTED AMENDMENT NO.1 TO PORT LUDLOW DEVELOPMENT AGREEMENT THIS DOCUMENT AMENDS, CORRECTS, AND RESTATES THE DOCUMENT RECORDED UNDER JEFFERSON COUNTY AUDITOR'S FILE NO. 536369, WHICH CONTAINED OR REFERENCED AN INCORRECT AND OUTDATED LEGAL DESCRIPTION OF THE PROPERTY. Grantor: JEFFERSON COUNTY, a political subdivision of the State of Washington Grantee: PORT LUDLOW ASSOCIATES LLC, a Washington limited liability company OLYMPIC WATER AND SEWER, INC., a Washington corporation Abbreviated Legal Description: Portions of Sections 8, 9, 16, 17,20,21 and 29, Township 28 North, Range 1 East; Lts 48, 68, 71, 105 and 45 Area 4, Pt Ludlow No.1; Lt 16 Area 3 Pt Ludlow No.2; Lot 8 South Bay #2; Lt 74 Teal Lake Village; Parcels I MI-M4, RI-R3, SFI-SF5, THI9-TH25, TH33-Th53, ThI6A, TH28A, TH44A, TH45A and TH52A Ludlow Bay Village; Lts 8-11 Ludlow cove Div 1, Phase 2; TTs A-E Ludlow Cove Div 1, Ph 1; Lt 16 Olympic Terrace #1; Lts 1-41 and TIs A-E Olympic Terrace Div 2, Ph 1; and tidelands fronting Ludlow Bay Village and Lt 1 Ludlow Beach TIs Complete legal description is on pages 8-21 (Exhibit A) of document. Assessor's Property Tax Parcel Account Numbers: 990400445. See Exhibit A attached hereto for additional tax parcels. Reference to Related Document: AF. No. 435974 (original agreement); AF. No. 536369 (Amendment No.1) DWT 1173171lv1 0065364-000001 9.4.08 111111111111111I111111 ~:.~~:'2~ 11/13/2008 10:36A Jefferson County Aud PORT LUDLOW ASSOCIAT AMEND 62.00 CORRECTED AMENDMENT NO.1 TO PORT LUDLOW DEVELOPMENT AGREEMENT THIS CORRECTED AMENDMENT NO.1 TO PORT LUDLOW DEVELOPMENT AGREEMENT (this "Amendment") is dated for reference purposes and made effective as of July 7,2008, by PORT LUDLOW ASSOCIATES LLC, a Washington limited liability company, and OLYMPIC WATER AND SEWER, INC., a Washington corporation (collectively "PLA"), and JEFFERSON COUNTY, a political subdivision of the State of Washington (the "County"). This Amendment amends and modifies that certain Port Ludlow Development Agreement dated May 1, 2000, and effective May 8, 2000 (the "Agreement"), between Pope Resources, Olympic Property Group LLC, Olympic Resorts LLC, Olympic Water and Sewer, Inc., and Olympic Real Estate Development LLC (collectively "Pope") and the County, which was recorded in the real property records ofJefferson County, Washington, under Auditor's File No. 435974. RECITALS A. The Agreement is a development agreement under RCW 36.70B.170 and UDC 18.40.850. Pope and the County made the Agreement effective May 8, 2000. PLA is the assignee and successor to Pope under the Agreement. B. The Agreement governs the development of real property owned by PLA and located in the approximately I,200-acre Port Ludlow MPR, which is a master planned resort designated by Jefferson County in 1998 under the authority ofRCW 36.70A.362. C. The parties agreed in the Agreement, among other things, that "The review and approval of proposed development applications proposed by Pope for Pope Property shall be pursuant to the Port Ludlow MPR Zoning Ordinance (Appendix A) and the County's Land Use Application Procedures Ordinance, Ordinance 04-0828-98, which is attached in Appendix E." Agreement Section 3.12.1. D. The County's Land Use Application Procedures Ordinance, Ordinance 04-0828- 98 ("LUAPO"), provides that the Appellate Examiner shall decide appeals of Hearing Examiner (Type B) decisions. E. On July 10, 2006, the County adopted Ordinance No. 08-0710-06, in which the County eliminated the Appellate Examiner position, eliminated the administrative process by which Hearing Examiner decisions may be appealed to the Appellate Examiner, and made other amendments to the Jefferson County Uniform Development Code. However, because the Agreement provides that LUAPO governs the review and approval of development applications proposed by PLA within the PLA Property, Ordinance No. 08-0710-06 generally does not apply to development applications proposed by PLA. F. PLA and the County desire to modifY the procedures for the review and approval of development applications proposed by PLA for its real property within the Port Ludlow MPR DWT 11731771vl 0065364-??oo01 9.4.08 2 11\11\ 11I11111111\11111I111\1111 ~~;~:~~~'" C t ^ d PORT LUDLOW ASSOCIAT AMEND 62 00 Jefferson oun v MU by eliminating the Appellate Examiner position and the administrative process by which Hearing Examiner decisions may be appealed to the Appellate Examiner, in order to promote administrative economy, to reduce County costs in completing administrative land use decision- making processes, to reduce the time required to complete administrative land use decision- making processes, and to make such procedures consistent with the procedures for the review and approval of development applications proposed by other applicants in Jefferson County. G. This Amendment was the subject of a fifteen (15) day comment period, which ran from May 14, 2008, to May 23, 2008. As required by RCW 36.70B.200, a public hearing was held before the Jefferson County Board of County Commissioners on May 27,2008. The Board of County Commissioners reviewed and took official action adopting this Amendment on July 7, 2008. NOW, THEREFORE, in consideration of the mutual covenants, conditions, and agreements of the parties, it is agreed by and between the parties that the Agreement shall be amended and modified as follows: AGREEMENT 1. Defined Terms. The following terms used in this Amendment shall have the following meanings: "PLA Property" means the real property legally described on Exhibit A attached hereto, which comprises those portions of the Pope Property that are owned of record by PLA and located within the Port Ludlow MPR as of the effective date of this Amendment. All references in the Agreement to "Pope Property" shall mean "PLA Property." 2. Elimination of Appellate Examiner Position and Process. The procedures for the review and approval of development applications proposed by PLA for the PLA Property shall be amended and modified as follows: a. A Hearing Examiner (Type B) decision shall be final unless an appeal is timely commenced either in Superior Court under the Land Use Petition Act, RCW Chapter 36.7OC ("LUPA"), as to Hearing Examiner land use decisions that are subject to review by Superior Courts under LUPA, or in a quasi-judicial body created by another state law, such as the Shorelines Hearings Board, the Environmental and Land Use Hearings Board, or the Growth Management Hearings Board, as to Hearing Examiner land use decisions that are subject to review by such bodies under such state laws. b. No Appellate Examiner shall have jurisdiction over any development application proposed by PLA for the PLA Property. No Appellate Examiner shall hear or decide appeals of Hearing Examiner decisions on development application proposed by PLA for the PLA Property. c. The procedural amendments and modifications described in this Section 2 shall apply to all development applications proposed by PLA for the PLA Property as to which a Hearing Examiner decision has not been issued as of the effective date of this Amendment. DWT 11731771vl 0065364-0??oo1 9.4.08 3 111111I111111111111111 ~~;~~~~~ '" Jefferson County Aud PORT LUDLOW ASSOCIAT AM~ND 62 00 3. PLA as Assignee and Successor. PLA is the assignee of and successor to Pope under the Agreement and as such is subject to all of the benefits and burdens of Pope under the Agreement. 4. Notices. All communications, notices and demands of any kind that a party under this Agreement requires or desires to give to any other party shall be in writing deposited in the U.S. mail, certified mail postage prepaid, return receipt requested, and addressed as follows: To the County: Al Scalf Jefferson County Department of Community Development 621 Sheridan Street Port Townsend, W A 98368 cc: Board of County Commissioners P.O. Box 1220 Port Townsend, W A 98368 And cc: Jefferson County Prosecuting Attorney P.O. Box 1220 Port Townsend, W A 98368 To PLA: Diana Smeland Port Ludlow Associates LLC 44 Breaker Lane Port Ludlow, WA 98365 cc: Randall J. Verrue HCV Pacific Partners 222 Kearny Street, Suite 550 San Francisco, CA 94108 And cc: Marco de Sa e Silva Davis Wright Tremaine LLP 1201 Third Avenue, Floor 22 Seattle, W A 98101 5. Effect of Amendment. This Amendment amends and modifies the Agreement and shall be effective as of the date of mutual execution and delivery hereof. In the event of any conflict between the Agreement and this Amendment, this Amendment shall control. Capitalized terms not otherwise defined herein shall have the meanings given them under the Agreement. Except as contained within the Agreement and this Amendment, there are no other agreements or understandings between PLA and the County relating to the subject matter of the Agreement and this Amendment. The Agreement is hereby confirmed and ratified. OWT 11731771vl 0065364-000001 9.4.08 4 ------------------------ /~-- 11"111 "1111111111 III 111"1 \\111 \11"1 III "Ill 1111 1"1 ~~~~~4: '" t ^ ti PORT I 11n! OW A~~O~TAT AMF"NO A? Iillil .1AffAr~nn Cnlln \I t-ILl JEFFERSON COUNTY Jefferson County Board of County Commissioners 1 By \3U/b t~LP.,~ . By ~g, By APPROVED AS TO FORM: c()avJ AI Scalf Director of Community Development PORT LUDLOW ASSOCIATES LLC, a Washington limited liability company t~~:;1 Its President OLYMPIC WATER AND SEWER, INC. d---e '!;;f? By 1,1 :S ~ 11/t. Its President EXHmITS: A Legal Description ofPLA Property DWT 11731771v1 0065364-000001 9.4.08 5 111111I111111111111111 ~:~~~~ .1..ff..r~nn r.nllntv CllJrl PO~T I IInl OW Cl~~Or.T 11/13/200810:36A ~~ . ClT ClM~Nn A? 171171 STATE OF WASHINGTON ) ) ss. COUNTY OF JEFFERSON ) On this '8-+\1 day of ~~_, 2008, before me, a Notary Public in and for the State of Washington, personally appeared ]')l~ .g~lnnl::> , 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 ?rE..S Irleo.+ 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. \\I\\\\lI:!I'1I11 ,"'\~I>- ~?,~.B"tllll~ $:' ..::;. ..~\sslon "f.j.,..G).- ~ ~ ..'~ ~~'. ~ .:::- . 0 "&" "" ~ /CJ ~OTAR y"'\ % -' ... : = ~ . PUBLIC / ~ ~ ~ f.P~"" _rA....~o ~ "/ -1):',PJ-14-~~.~'l.c, $:" "////~ O~'V,iAS~\~,,\"" 11111//11/1111 \ 111\\\\ STATE OF WASHINGTON ) ) ss. COUNTY OF JEFFERSON ) On this '8+hday of~, 2008, before me, a Notary Public in and for the State of Washington, personally appeared LAe...~~ Smd-h , personally known to me (or proved to me on the basis of satis actory eVIdence) to be the person who executed this instrument, oJtated that he or she was authorized to execute the instrument, and acknowledged it as the rr.5ldE:o.! 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. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year ~rs't~~JWt~tten. $"'<:>1>- ....... ~I"\ I/~ ~..::;. ,"\ssIOn s.........)... "/ $ ...~~ ~'Oi... ~ .... : 0 G).- ~ jCJ ~OTARy"'\ ~ =: "... : = :;. .... PUBLIC .: ~ 2 ~ tP ", ~ : 0 ~ % ~>PJ-14'~~~'~~c;. f "/ 't: ......... ~\~ ," ///I{ Or. Wfi,S \,\" DW! /1 ti711I)7'1l Vi'OO65364-QOOOO I 9.4,08 NOTARYPUBL residing at M~ appoin1ment eXPi~~ Pnnt Name U<:tl '-l - F-P 6 1111 II II II III 111111111 ~:~~:2~ 11/13/2008 10:36A Jefferson Countv Aud PORT LUDLOW ASSOCIAT AMEND S2 00 STATE OF WASHINGTON ) ) ss. COUNTY OF JEFFERSON ) On this ~y of / i ~'f;t k , 2008, before me, a Notary Public in and for the Date o~Washi,ngton.,personally a peared P , -d OMl vN . a. \t .L cL S Ct.. {J / VCU1 , and. {~t, personally known to me {ol:- proved to me OT} tl,p. h~!::is of satisfac.tory evideace) 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. De-, ~"1. 1(t;~"''''''''\\\\''''1 ~~1,.. :: f:~'" ~ ~!!" 'Z - ~ -....."1. If. .# ..., I .OT~..", ~1, 4 ~ iiu - .... .~ I I _ \ .. ,. # .. ill' \ ...il!: ~ \ lIB\-'.... #...: \ \ 7A"tt,8'30.'\~.$".:' R= ~1. - '" 111111\\\\"""'''' ~~ ~ '" O~ W"'~it/l~ ~ I,., '" ':!to........ "\\\'\"'~" OWl 11731771vl 0065364-000001 9.4,08 7 1111111111111111111111 ~~;~:~j~ '" .1..ff..~~nn r.nllntv t:lllrl POFlT 11In! ow t:I$;$;Or.Tt:lT t:lMFNO f\? filfil EXHIBIT "A" LEGAL DESCRIPTION Parcel A (990 400 445) Lot 48, 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 (990 400 464) 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 C (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 D (990 404101) 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 E (990 404106) Lot 45, 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 F (990 600 316) Lot 16, Area 3, Port Ludlow No.2, as per plat recorded in Volume 5 of Plats, on pages 41 to 48, inclusive, records of Jefferson County, Washington. Parcel G (995 600 008) Lot 8, Plat of South BayNo. 2, Volume 6 of Plats, pages 4-6, Auditor's File No. 227195, records of Jefferson County, Washington. Parcel H (998 700 074) Lot 74, Teal Lake Village, as per plat recorded in Volume 6 of Plats, pages 186 through 197, which is an amendment to Volume 6 of Plats, pages 158 through 169, records of Jefferson County, Washington. 8 Streamline Legal Description - Exhibit "An Rev. 8/27/2008 10:19:00 AM 111111I111111111111111 ~~~~~ 11/13/2008 10:36A Jefferson County Aud PORT LUDLOW ASSOCIAT AMEND 62.00 Parcel I I Heron Beach Inn (968 600 001) Parcel "1" 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 fmal plat for access, egress, egress along the private roadway located therein. Parcel J I Marina (968 600 002) Parcels MI, M2, M3 and M4 as shown on the face of Ludlow Bay Village, as per plat recorded in Volume 6 of Plats, pages 228 thru 233, records of Jefferson County, Washington. Together with a perpetual non-exclusive easement over and across Tract "A" as shown on the final plat for access, egress, egress along the private roadway located therein. Parcel K I Harbormaster Restaurant (968 600 006, 968 600 007 and 968 600 008) Parcels RI, 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 L (968 600 009 thru 012; 968 600 032 thru 038; 968 600 046 thru 066; 968 600 072 and 073) Parcels SF! through SF4, inclusive, Parcels TH19 through TH2S, 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. Parcel M 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. 9 LPB 1111111I11111111111111 ~~;~~~:'~36A .1..ff..r~nn ~n"ntv O"rl POI?T IlInl ow OC:C:O~TOT OMt=Nn F\? 171171 Parcel N (968 800 008, 968 800 009, 968 600 010 and 968 600 011) Lots 8, 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. Each lot together with an undivided 1/10th interest in Tracts F, G and H and an undivided 1/10th 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 0 (968 800 100) Open Space Tracts A, B, and C of Ludlow Cove Division 1, Phase 1, as per plat recorded in Volume 8 of Plats, pages 1 through 6, under Recording No. 479189, records of Jefferson County, Washington. Parcel P (968 800101 and 968 800102) 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 Q (978 800 016) Lot 16, Olympic Terrace Division 1, as per plat recorded in Volume 7 of Plats, pages 176 through 180, records of Jefferson County, Washington. Parcel R (978 802 001 thru 978 802 04111nd 978 802 500) Lots 1 through 41 inclusive 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 S (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 T (821 083 006) The Southeast y.. of the Southwest y.. 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 10 /- -_._._---~- ! IIII~ mil/lilli/II 111111 11111 IIIII!III 111111 !II !III ~:~~~~ - . DHD~~........ ~...."....tv 0"... pnl;lT r IInr nl.l oc:c:n~TOT 11/13/2008 10:36A . OMl'"lIln O:::? ",,?! Parcel U (821093001) 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 ~ comer of Section 9, Township 28 North, Range 1 East, W.M., from whence the Southwest comer of said Section 9 bears North 88035'24" West; thence South 17026'02" west, 72.07 feet; thence North 72033 '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 72033'27" 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 10018'18", an arc distance of 141.27 feet; thence North 82055'41" West, 16.07 feet to a point of curve; thence along a curve to the left, having a radius of35.00 feet and a central angle of 43057'56", an arc distance of26.86 feet to the Easterly margin of Oak Bay Road; thence North 70021 '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 70021 '53" West, having a radius of 488.37 feet and a central angle of 12035'13", an arc distance of 107.29 feet; thence continuing along said road margin North 07002'54" 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 06019'43", an arc distance of319.74 feet; thence continuing along said road margin North 00043'11" 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 05046'06", an arc distance of 206.71 feet to the Southerly margin of the plat of Port Ludlow No.1, Area 2, per Volwne 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 comer of Lot 37 of said Plat of Port Ludlow No.1; thence leaving said Southerly margin, South 26027'34" West, 272.79 feet; thence South 80034'20" East, 119.75 feet; thence North 60053'59" East, 74.11 feet to the Northwest comer 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 03057'27" West, 160.47 feet; South 54035'30" West, 66.50 feet; South 47"22'19" West, 140.72 feet; South 56022'30" West, 56.33 feet; South 65022'35" West, 115.07 feet; South 56029'56" West, 19.31 feet; South 17001'21" West, 88.40 feet to the Northwest comer 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 17001'21" West along the Westerly limits of said Admiralty, 395.01 feet to the Southwest comer thereof; thence South 72033'27" 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. 11 LPB ~---------- IIIII/III~ 1/1111111111/111/11111111/1111111/111 ~,~~~o~?, Jefferson County Aud PORT LUDLO" ^SS 11/13/2008 10:36A ..... OCIAT AMEND 62.00 Parcel V (821162 005 and 821171 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 recorded in Volume 3 of Plats, page 7 and those portions of Sections 16 and 17, Township 28 North, Range 1 East, W.M., Jefferson County, Washington, lying Westerly of the Easterly boundary line of Port Ludlow Condominium No.1 as recorded in Volume 1 of Condominiums, page 15 and Westerly of the Easterly boundary line of Ludlow Point Village, Division 4, as recorded in Volume 6 of Plats, pages 216, and as revised, records ofJefferson County, Washington. Except those tidelands situate in front of, adjacent to or abutting upon the island portions of Government Lots 3 and 7 of Section 17; also except those tidelands situate in front of Inner Harbor Village Condominiums, Phases I, II, IV, VII, VIII, IX and Tax 6 as described in Auditor's File No. 342329, volume 343, Page 351, dated July 30, 1991, records of Jefferson County, Washington. Parcel W (821163 003) That portion of the Southwest Y4 of the Southwest Y4 of the Southwest Y4 of Section 16, and the Northwest Y4 of the Northwest Y4 of the Northwest 1,4 of the Northwest Y4 of Section 21, and of the Northeast Y4 of the Northeast Y4 of the Northeast Y4 of Section 20, and of the Southeast Y4 of the Southeast Y4 of the Southeast Y4 of the Southeast Y4 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 Edge wood 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 X Golf Course (821163 006, 821163 007, 821201002,821201003,821 201 004,821 204002,821212 002, 821 213 002, and 821291003) Parcel A: Tracts A, B, C, D and E of Survey recorded January 3, 1986 in Volume 7 of surveys, pages 170 through 174, inclusive, under Auditor's File No. 298845, being portions of the Southwest Y4 of the Southwest Y4 and government Lot 4 in Section 16, and the East Yz in Section 20, the West Yz in Section 21 and the North Yz of the Northeast Y4 in Section 29, all in Township 28 North, Range 1 East, W.M., Jefferson County, Washington; 12 LPB ----- -- ---- 111111111111111I111111 ~~;~~~~,~ '" Jefferson Countv ~ud PORT LUDLOW ~SSOCl~T ~MEND 62 00 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 thereoflying within Fairway Village Condominiums, as recorded in Volume 1 of Condominiums, at page 219, records of Jefferson County, Washington; also except from said Tract Band 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 Y2 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 comer 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 comer also being the Southwest comer of Lot 20 of said Edgewood Village; Thence North 62041 '04" West, along the Southerly line of said Lot 19, a distance of24.00 feet to an angle point on said Lot 19, also being the true point of beginning for this description; thence in a Northerly direction along the Westerly margin of said Edgewood Village the following courses: Thence North 16054'01" West, 146.06 feet; Thence North 08057'0 1" West, 148.46 feet; Thence North 00045'12" West, 83.80 feet; Thence North 37027'07" West, 203.41 feet; Thence North 58040'37" West, 271.08 feet; Thence North 54027'25" West, 170.00 feet; Thence North 28010'03" West, 130.07 feet; Thence North 03029'54" West, 172.66 feet; Thence North 62051 '48" West, 110.25 feet; Thence North 34046'49" West, 43.95 feet; Thence North 78005'36" West, 78.92 feet; Thence North 31008'05" East, 195.03 feet; Thence North 52051 '19" East, 255.59 feet; Thence North 46006'28" East, 128.24 feet; Thence North 35054'24" West, 102.69 feet; Thence North 24057'29" East, 60.14 feet; Thence North 69020'44" West, 262.49 feet to the Southwest comer of "Tract A" of said plat of Edgewood Village; thence leaving the Easterly boundary of said plat, North 80049'39" West, 522.45 feet; Thence North 82041 '38" West 696.66 feet; Thence North 81052'35" West, 410.77 feet; thence South 57017' 10" West, 610.50 feet; Thence South 68017'21" West, 437.70 feet; Thence South 39009'14" West, 232.44 feet; Thence South 02049'05" East, 186.58 feet; Thence South 30038'22" East, 347.97 feet; Thence South 57058'04: East, 385.91 feet; Thence South 02013 '34" East, 314.90 feet; 13 LPB 1111111111111111I1111111 ~~;~~:,~ '" ,J..ff..,."nn t:nllntv Allrl PORT 11In! OW A~~Ot:TAT AMI'Nn F;? 0101 Thence South 77034'03" West, 879.80 feet; Thence South 31043'44" West, 686.04 feet; Thence South 40039'05" East, 708.70 feet; Thence North 82039'53" East, 502.49 feet; Thence South 79015'18" East, 802.92 feet; Thence North 89009'18" East, 828.68 feet; Thence South 70057'24" East, 355.80 feet; Thence South 88009'57" East, 477.22 feet; Thence North 72039'34" East, 410.00 feet; Thence North 26022'05" East, 224.80 feet; Thence North 41032'57" East, 201.73 feet; Thence South 77009'37" East, 109.99 feet; Thence North 14011 '17" East, 142.60 feet; Thence North 59027'26" West, 600.00 feet; Thence North 49013 '51" West, 498.14 feet; Thence North 41028'28" East, 439.74 feet; Thence South 50048'17" East 477.34 feet; Thence south 62041 '04" East, 186.23 feet to the point of beginning. Parcel Y I Sales Office (821163 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 Road and lying Westerly of Teal Lake Road. Parcel Z (821 164 001, 821164 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 thereoflying 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. 14 LPB \ \1I\11I1\11\~11111111\1I1 11111 11\11\ 11\ 11\111 \11 1111 ~~;~~;,~ '" Jefferson Countv Rud PORT LUDLOW RSSOCIRT AMEND 62 00 Parcel AA (821171 001) That portion of Government Lot 1 and the Northwest y.. 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 y.. comer of said Section; thence South 0049'20" 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 60045'44" 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 61036'47" and an arc length of 247.33 feet; to a point of reverse curve; thence along a 40.00 foot radius curve to the left, having a central angel of 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 BB (821171 015) That portion of Government Lot 2 in Section 16, Township 28 North, Range 1 East, W.M., Jefferson County, Washington, lying North of the North right-of-way margin of Oak Bay Road; Except any portion thereof lying within the plat of Port Ludlow No.1, as recorded in Volume 5 of Plats at page 31, records of Jefferson County, Washington; also except any portion thereof lying within the plat of Port Ludlow No.7 as recorded in Volume 7 of Plats at page 76, records of Jefferson County, Washington; Also together with that portion of the Northeast y.. of the Northeast y.. 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 CC (821172 001) That portion of the East Y2 of the Northwest y.. of Section 17, Township 28 North, Range 1 East, 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. 15 LPB 1111111I11111111111111 ~~3;~;'~~ ..1..ff..~~nn ~nl1ntv Cll1rl PORT IlInl OW Cl!;!;O~TClT ClM~Nn II? 171171 Parcel DD (821173 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 lI.i comer 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 lI.i and the true point of beginning; thence along said parallel line North 00049'24" East 771.12 feet; thence North 77003'46" East, 139.89 feet to a line which lies 60.00 feet Southerly from and parallel with the Southerly margin of tract A of ''Timberton Village Phase I", filed in Volwne 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 04050'50" to a point of reverse curvature; Easterly 197.04 feet along the arc ofa tangent curve to the right, having a radius of 350.00 feet, through a central angel of 32015'20" to a point of tangency; South 75031 '55" East, 24.93 feet to the Southwesterly comer 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 EE (821172 002) Port Ludlow R V 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 lI.i of Section 17, Township 28 North, Range 1 East, W.M., in Jefferson County, Washington, described as follows: Beginning at the North lI.i comer of said section; thence south 0049'20" West along the North- South center of section line 2,077.00 feet to the true point of beginning; thence North 60045'44" West 66.25 feet; thence South 34001 '37" West 42.74 feet; thence South 54034'59" West 17.09 feet; thence South 34001 '37" West 146.41 feet; thence South 60045'44" 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 60045'44" East of the true point of beginning; thence North 60045'44" West 109.27 feet, more or less, to the true point of beginning. 16 LPB ~-- _.-_._._~~~--~-- III III lllll 11111 II 11111 1111 1111 ~~;~~:,~'" .h.ff"r~on Count" Aud PORT LUDLOW ASSOCIAT AMEND 62 f2)f2) Parcel FF (821174 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, Wa~hington. Together with second class tidelands as conveyed by the State of Washington, situate in front of, adjacent to, or abutting thereon. Parcel GG (821174 003) Revised Parcel "A" of Boundary Line Adjustment recorded under Auditor's File No. 440088, records of Jefferson County, Washington, being described as follows: Those Portions of Sections 17 and 20, Township 28 North, Range 1 East, W.M., Jefferson County, Washington, described as follows: Parcel "0" 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 Y4 comer of Section 17, Township 28 North, Range 1 East, W.M., Jefferson County, Washington; thence along the South line of the Southwest Y4 of Section 17, North 88012'07" West, 637.48 feet to the true point of beginning; thence North 57017'10" East 466.67 feet to the Southeasterly margin of Timberton Drive and the tenninus of said line; Together with Parcel "0" of that Boundary Line Adjustment recorded under Auditor's File No. 428912, records of Jefferson County, Washington. Parcel HH (821204 001) Resultant Parcel "0" 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 1 70-174, records of Jefferson County, Washington, more particularly described as follows: Beginning at "Description Point 0" as described in said record of survey, said point also being a point of curvature; thence Southerly, 61.69 feet along the arc of said curve to the right, having a radius of70.00 feet, the radius point of which bears South 45038'01" West, through a central angel of 50029'51" 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 68005'40"; LPB 17 \ 11111111111 lllllll III llllll IllII IlIllI III Illll1 III 1111 ~~~~~~,~ '" C t ^ d PORT LUDLOW IlSSOCIllT llMEND 62 00 Jeffer~on aun v HU thence South 61057'48" East, 117.79 feet; thence South 25001 '27" East, 156.34 feet; thence South 38035'52" East, 236.26 feet; thence South 06001 '36" East, 125.99 feet; thence South 29016'10" East, 233.33 feet; thence South 06032'32" West 162.47 feet; thence South 40057'15" West, 158.36 feet; thence North 58022'32" West, 99.51 feet; thence South 30011 '16" West, 17.00 feet; thence South 16043'17" 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 20031 '46" West, 116.99 feet; thence North 12009'48" East, 198.31 feet; thence South 77050' 12" East, 253.35 feet; thence North 12027' 12" West, 66.00 feet; thence North 77050'12" West, 225.86 feet; thence North 12009'48" East, 59.91 feet; thence North 61036'31" East, 205.84 feet; thence North 57058'08" East 461.51 feet; thence North 17032'16" East, 437.40 feet; thence North 14009'20" West, 128.74 feet; thence North 35048'49" East, 141.68 feet; thence North 14009'38" West, 186.68 feet; thence North 28022'52" West, 438.66 feet; thence North 36039'19" West, 272.92 feet; thence South 38018'38" West, 219.40 feet; thence South 32035'16" West, 182.72 feet; thence South 04014'27" West, 79.31 feet; thence South 32023'52" 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 tangent curve; thence Northwesterly, 83.19 feet along the arc of said curve to the right, having a radius of70.oo 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 44026'26"; thence South 58039'49" West 60.84 feet to the point of beginning. . Parcel n (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 Y:z of Section 21, Township 28 North, Range 1 East, W.M., Jefferson County, Washington, lying Northerly of Watson Road and Southerly-ofParadise Bay Road; EXCEPT any portion lying Southwesterly of Teal Lake Road; EXCEPT the plat ofWoodridge Village Division 1, per Volume 7 of Plats, pages 47 through 50 inclusive; EXCEPT the amended plat of Teal Lake Village, per Volume 6 of Plats, pages 186 through 197 inclusive, both records of Jefferson County, Washington; Said parcel also being described as that portion of resultant Parcel A of that Boundary Line Adjustment recorded under Recording No. 450374, records of Jefferson County, Washington; EXCEPT that portion lying Southwesterly of Teal Lake Road. LPB 18 -_._~--_._~.-_._-_._._...__..._-~- 111111111111111I111111 ~~;~~:'~36' Jefferson Countv Aud PORT LUDLOW ASSOCIAT AMEND 62 00 Parcel JJ (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 14 of Section 20 and within the West 14 of Section 21, Township 28 North, Range 1 East, W.M., Jefferson County, Washington, more particularly described as follows: Beginning at "Description Point D" as described in said record of survey, said point also being a point of curvature; thence Southerly, 61.69 feet along the arc of said curve to the right, having a radius of 70.00 feet, the radius point of which bears South 45038'01" West, through a central angel of 50029'51" 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 68005' 40"; thence South 61057'48" East, 117.79 feet; thence South 25001 '27" East, 156.34 feet; thence South 38035'52" East, 236.26 feet; thence South 06001 '36" East, 125.99 feet; thence South 29016'10" East, 233.33 feet; thence South 06032'32" West 162.47 feet; thence South 40057'15" West, 158.36 feet; thence North 58022'32" West, 99.51 feet; thence South 30011 '16" West, 17.00 feet; thence South 16043'17" 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 20031 '46" West, 116.99 feet; thence North 12009'48" East, 198.31 feet; thence South 77050'12" East, 253.35 feet; thence North 12027'12" West, 66.00 feet; thence North 77050'12" West, 225.86 feet; thence North 12009'48" East, 59.91 feet; thence North 61036'31" East, 205.84 feet; thence North 57058'08" East 461.51 feet; thence North 17032'16" East, 437.40 feet; thence North 14009'20" West, 128.74 feet; thence North 35048'49" East, 141.68 feet; thence North 14009'38" West, 186.68 feet; thence North 2~022'52" West, 438.66 feet; thence North 36039'19" West, 272.92 feet; thence South 38018'38" West, 219.40 feet; thence South 32035'16" West, 182.72 feet; thence South 04014'27" West, 79.31 feet; thence South 32023'52" 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 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 44026'26"; thence South 58039'49" West 60.84 feet to the point of beginning. EXCEPT that portion lying within the Northwest 14 of Section 21, Township 28 North, Range 1 East, W.M., Jefferson County, Washington. 19 LPB ~--'-~- / 111111I11111111111111111 ~:~~o~~ .]..fh.r~nn Cnllnlv !:Illrl PORT I IJnl OW !:I~~O~T 11/13/200810:36A ,.,,., ,,!:IT !:IMI'"Nn I';? 0l0l Parcel KK (821 291 001) The East % of the North Y2 of the Northeast Y4 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. Olympic Water & Sewer parcels Parcel A (821084004) I OfficelWeU 2 That portion of the South Y2 of the Southeast Y4 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 I 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 05054 '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 11008'10" 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 cuI-de-sac at the south end of said Condon Lane; thence South 13051 '52" West 45.00 feet to the Northeast comer of Lot 37 of the above said plat and the true point of beginning; thence along the east line of said Lot 37 South 13051 '52" West 130.03 feet to the Southeast comer of said Lot 37; thence leaving said plat South 26027'34" West a distance of 272.79 feet; thence South 80034'20" East a distance of 119.75 feet; thence North 60053 '39" East a distance of 74.11 feet to the Northwest comer 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 18044'16" East, having a central angle of27030'00", for an arc distance of52.80 feet to a point of tangency; thence continuing along the North line of said "Admiralty No.2" and the Easterly extension thereof North 81014' 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 20 LPB ~--- 111111I11111111111111I ~:,~~~~ 11/13/2008 10:36A .l..ff..~"nn r.nllnlv I:lllrl PORT IlInl OW 1:l!>!>Or.TI:lT I:lMFNn F\? 0101 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 89038'09" West to the Southwest comer of said Lot 36; thence along the Westerly line of said Lot 36 North 25002'27" West 116.95 feet to the Northwest comer 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 43025'53" West having a central angle of 57017'45", 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. 21 LPB JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street Port Townsend, WA 98368 AI Scalf, Director JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA REQUEST TO: Board of County Commissioners Dennis Richards, Interim County Administrator THROUGH: Al Scalf, Director of Community Developmen~ FROM: Stacie Hoskins, Planning Manager V- DATE: Consent Agenda for September 15, 2008 SUBJECT: Resolution to adopt Corrected Amendment No. 1 to the Port Ludlow Development Agreement STATEMENT OF ISSUE: The BoCC approved and signed an agreement to remove by amendment the Appellate Hearing Examiner from the Port Ludlow Development Agreement. . On August 18,2008, the BoCC approved Resolution No. 57-08, which made reference to the version of Amendment No. 1 to Port Ludlow Development Agreement that was recorded in the real property records of Jefferson County on August 12,2008, under Auditor's File No. 536369 (the "Original Recorded Amendment"). . However, the BoCC was recently informed by Port Ludlow Associates LLC that the Original Recorded Amendment incorporated by mistake the legal description of real property contained in the PLDA, since Port Ludlow Associates LLC and Olympic Water and Sewer, Inc., no longer own all of the real property listed and described in the PLDA. . A corrected version of Amendment No. 1 to Port Ludlow Development Agreement is attached hereto as Exhibit A (the "Corrected Amendment"). In the Corrected Amendment, the legal description and tax parcel numbers describe only real property currently owned by Port Ludlow Associates LLC and Olympic Water and Sewer, Inc., within the Port Ludlow Master Planned Resort. . In addition, the date reference in the preamble has been revised and the address of the Jefferson County Prosecuting Attorney has been added. Building Permits/ Inspections Development Review Division Long Range Planning FAX: (360) 379-4451 (360) 379-4450 r' The BoCC must now sign a Resolution (attached) to formally adopt the Corrected Amendment No. 1 to the Port Ludlow Development Agreement. AL TERNA TIVES: The requested action is mandatory based upon Section 4.6 AMENDMENT of the Development Agreement, Resolution 42-00. FISCAL IMP ACT/COST BENEFIT ANALYSIS: The proponent will be billed by the hour for Staff time to review and process this requested amendment. Potential long-term savings to the County are indicated. RECOMMENDATION: Staff recommends that The BOCC sign the attached Resolution and formally adopt the Corrected Amendment No.1 to the Port Ludlow Development Agreement to correct the legal description and tax parcel numbers to describe only real property currently owned by Port Ludlow Associates LLC and Olympic Water and Sewer, Inc., within the Port Ludlow Master Planned Resort. REVIEWED BY: ~.&H--.. DennIS Richards. Intenm County AdmInIstrator '"