RES 900%0RESOLUTIONNO.
A RESOLUTION approving a development agreement between the
City of Camas and H.L.Voqui,developer of Ash creek Subdivision.
WHEREAS,Ash Creek Subdivision is a 15-acre development that received preliminary plat
approval in 1998,and
WHEREAS,since approval of the preliminary plat,the City of Camas has negotiated a
purchase of approximately the north ten (10)acres of the Ash Creek Subdivision for park
development purposes,and
WHEREAS,RCW 36.70B.170 authorizes cities and landowners to enter into development
agreement setting forth development standards and other provisions for the development of land,
and
WHEREAS,the City and H .L.Voqui,the developer of Ash Creek,have negotiated a
proposed development agreement which amends the preliminary plat approval for Ash Creek,and
WHEREAS,RCW 36.70B.200 provides that the City may enter into a development
agreement only after conducting a public hearing,and
WHEREAS,the city council held a public hearing on the Ash Creek Development
agreement on August 14,2000,
NOW,THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAMAS
AS FOLLOWS:
I
The city council of the city of camas hereby finds that entering into the Ash Creek
Development agreement is in the public interest and approves the development agreement between
the City of Camas and H.L.Voqui,developer of Ash Creek Subdivision.
II
The mayor is authorized and instructed to sign the development agreement on behalf of the
City.
DONE at a regular council meeting this
SIGNED:
"Mayor
ATTEST:'Xf
Clerk
OVED as,to form:
/
f City Attorney
^9oo
When Recorded,Return to:'U?,i
Randall B.Printz
Landerholm,Memovich,Lansverk
&Whitesides ,P.S.
P .O.Box 1086
Vancouver ,WA 98666-1086
ABOVE SPACE RESERVED FOR RECORDING INFORMATION
DEVELOPMENT AGREEMENT
Hoanh Voqui and Hoaichau Le Voqui,hereinafter referred to as
"Voqui"
PARTIES:
and
City of Camas,hereinafter referred to as "City"
EFFECTIVE DATE:,2000 .
RECITALS:
WHEREAS,Voqui is the owner of real property located in the City of Camas,Clark County,
Washington,legally described in Exhibit "A",attached hereto and incorporated by reference herein,
further described as Assessor’s Serial Number 125047.The real property described in Exhibit "A"
shall be hereinafter referred to as the "Site";and
WHEREAS ,Voqui ,along with the owners of the adjacent lots,described as Assessor’s Serial
Numbers 125405 and 125400,received approval from the City for preliminary subdivision of the
Site,known as "Ash Creek";and
LAW OFFICES OF
LANDERHOLM,MEMOVICH ,
LANSVERK &WHITESIDES,P.S.
Broadway at Evergreen,Suite
300
P.O.Box 1086
Vancouver,Washington 98666
(360)696-3312
DEVELOPMENT AGREEMENT -1
O:\RE_LANDU\RBP\VOQHOIOI \DEVELOP.AGT
WHEREAS,subsequent to the granting of the preliminary plat approval the City elected to
pursue the purchase of Assessor’s Serial Numbers 125405 and 125400 for the stated purpose of
developing a City Park (hereinafter "City Property");and
WHEREAS,the City's purchase of these lots necessitates amendments to the “Ash Creek”
preliminary plat;and
WHEREAS,Voqui wishes to assist the City in their purchase,while retaining reasonable use
of his property;and
WHEREAS ,RCW 36.70B .170 provides authority for a city to enter into a development
agreement;
AND,WHEREAS,the City of Camas has held a public hearing,received evidence and
determined that entering into this Agreement is in the public's best interest;
The parties agree as follows:
Utilities Special Condition of Approval Number 1 shall be amended to read "The site
will be served by City water and shall connect to the existing water line in Deer
Creek I subdivision."
1.
Utilities Special Condition of Approval Number 2 shall be amended to read:The site
will be served via a STEP system from Deer Creek Phase 1 ,via NW Ogden Street.
2.
A note providing for access by the City to the utilities shall be placed upon the Final
Plat .
3.
LAW OFFICES OF
LANDERHOLM,MEMOVICH,
LANSVERK &WHITESIDES,P.S.
Broadway at Evergreen,Suite300
P.O.Box 1086
Vancouver,Washington 98666
(360)696-3312
DEVELOPMENT AGREEMENT -2
O:\RE_LANDU\RBP\VOQHOIOI \DEVELOP .AGT
Miscellaneous Special Condition of Approval Number 5 of the Preliminary Approval
shall be modified to read:The existing fire apparatus road is over 400 feet in length
and does not contain a secondary access.For all lots located more than 400 feet from
the intersection of NW Ogden Street,and NW 17th Circle,an approved secondary
access shall be required ;or non -combustible exterior construction;or an automatic
fire sprinkler system shall be installed in all structures until the secondary access is
completed .
4 .
Stormwater:5.
Yoqui agrees to construct a stormwater pond sufficient to serve its
development in the location depicted in Exhibit "B".
All associated costs for construction of the stormwater pond will be borne by
Voqui.The City may request certain components of the pond to be upsized
during review of the final engineering plans.All increases in cost caused
by the City's upsizing shall be paid by the City.
The City agrees to grant limited access to the "City Property"for construction
purposes,if necessary.The proposed construction route and impact is subject
to City approval prior to initiation.
After construction of the stormwater facility,Voqui will execute a boundary
line adjustment such that the stormwater facility will be wholly located upon
the "City Property".
Upon final acceptance of the stormwater facility by the City,the City agrees
to maintain the pond subject to Voqui posting a two year warranty bond .
l .
u .
in .
IV.
v.
Wetland Buffer/Open Space:
The open space area will be aligned utilizing buffer averaging as shown on
the attached revised preliminary plat,attached hereto and incorporated by
reference herein as Exhibit "C".
6 .
l .
LAW OFFICES OF
LANDERHOLM ,MEMOVICH ,
LANSVERK &WHITESIDES,P.S.
Broadway at Evergreen,Suite300
P.O.Box 1086
Vancouver,Washington 98666
(360)696-3312
DEVELOPMENT AGREEMENT -3
O :\RE_LANDU \RBPWOQHO 101 \DEVELOP .AGT
Voqui will provide the City with amended open space calculations prior to
acceptance of the final plat .
n .
Voqui will design and install the amended road design as depicted in Exhibit "D"at
their expense.
7.
The proposed park use will be subject to a Conditional Use Pennit review and
approval .At the time of review of the Conditional Use Pennit,aesthetic,glare,sound
and other relevant buffering issues shall be specifically considered by the approval
body in rendering its decision on the CUP.
8 .
All other conditions of the Ash Creek preliminary plat approval not inconsistent with
the provisions of this agreement shall remain in full force and effect.
9.
In the event any controversy or claim arises under this Agreement ,the prevailing
party shall be entitled to its reasonable costs,disbursements and attorney fees,
together with all expenses which it may reasonably incur in taking such action.
10 .
Failure by either party at any time to require performance by the other party of any
of the provisions hereof shall in no way affect the parties'rights hereunder to enforce
the same,nor shall any waiver by the party of the breach hereof be held to be a
waiver of any succeeding breach or a waiver of this nonwaiver clause.
11 .
This Agreement shall be construed with and governed by the laws of the State of
Washington.The parties agree to venue in the Superior Court of Clark County,State
of Washington.
12 .
LAW OFFICES OF
LANDERHOLM,MEMOVICH ,
LANSVERK &WHITESIDES,P.S.
Broadway at Evergreen,Suite
300
P.O.Box 1086
Vancouver,Washington 98666
(360)696-3312
DEVELOPMENT AGREEMENT -4
O:\RE_LANDU\RBPWOQH0101 \DEVELOP.AGT
If any portion of this Agreement shall be invalid or unenforceable to any extent,the
validity of the remaining provisions shall not be affected thereby.
13.
The covenants,conditions and terms of this Agreement shall extend to and be binding
upon and inure to the benefit of the successors and assigns of the parties hereto.
14.
Each of the recitals contained herein are intended to be,and are incorporated as,
covenants between the parties and shall be so construed.
15.
16.This Agreement may only be amended by mutual agreement of the parties.
CITY OF CAMAS ,WASHINGTON
44By.Oo\AA/loanh VoquiTitle.
mfmjjjA
Hoaichau Le Voqui
LAW OFFICES OFLANDERHOLM,MEMOVICH,
LANSVERK.&WHITESIDES,P.S.Broadway at Evergreen,Suite300
P.O.Box 1086Vancouver,Washington 98666
(360)696-3312
DEVELOPMENT AGREEMENT -5
O:\RE_LANDU\RBPYVOQHO 101 \DEVELOP.AGT
STATE OF WASHINGTON )
)ss .
County of Clark )
I certify that I know or have satisfactory evidence that
is the person who appeared before me,and said person acknowledged that he signed this
instrument,on oath stated that he was authorized to execute the instrument and acknowledged it as
of the City of Camas,Washington,to be the free and voluntary act of such party
for the uses and purposes mentioned in the instrument.the
Dated :
Notary Public in and for the State of
Washington,residing at Vancouver .
My appointment expires:
STATE OF WASHINGTON )
)ss.
County of Clark )
I certify that I know or have satisfactory evidence that H.L.Voqui is the person who appeared
before me,and said person acknowledged that he signed this instrument,and acknowledged it to be
his free and voluntary actUQ^he uses an <^purposes mentioned in the instrument.
Dated :w
//lie ifr and Tor the State of
Washington ,residing at Vancouver .
My appointment expires:yWh
3 'O'HOTA /C?p
\pCSLlC /
S'
ttV <5*5TSTATEOF
County of Clark
I certify that I know or have satisfactory evidence thatAVoquTTs the person who appeared
before me,and said person acknowledged that she signed this instrument,and acknowledged it to
be her free and voluntary act for the uses and purposes mentioned in the instrument.
VW^T
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Jr*\\yy
/$,•#Ho -.Hi-V.
GO ;Si\PUBLIC :
300DEVELOPS
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LAW OFFICES OF
LANDERHOLM ,MEMOVICH,
LANSVERK &WHITESIDES,P.S.
Broadway at Evergreen,Suite
\
P.O.Box 1086
Vancouver,Washington 98666
(360)696-3312
pMENT -6
E.VELOP .AGTO:\RE LANDU\RJ
Notary Public in and for the State ofWashington,residing at Vancouver.My appointment expires :jLm.d.2$+i-ftW
LAW OFFICES OFLANDERHOLM,M'EMOVICH,LANSVERK &WHITESIDES,P.S.
Broadway at Evergreen,Suite300
P.O.Box 1086
Vancouver,Washington 98666
(360)696-3312
DEVELOPMENT AGREEMENT -7
O:\RE_LANDU\RBPWOQHO 101 \DEVELOP.AGT
LAND SURVEYORS1ENGINEERSE N G I N E E R I N G I N C .
(360)695-1385
1111 Broadway
Vancouver,WA
98660
EXHIBIT “A”
LEGAL DESCRIPTION FOR VOQUI PERIMETER
July 12,2000
That portion of the John Hicks Donation Land Claim Number 42 in Section 4,Township 1 North,Range 3 East of the Willamette Meridian in Clark County,Washington,described as follows:
BEGINNING at the Southwest corner of said Hicks Donation Land Claim;
THENCE North 00°37'04 "West along the West line of said Hicks Donation Land
Claim a distance of 363.897 feet;
THENCE North 89°48'34 "East parallel with the South line of said Hicks DonationLandClaim610.853 feet to a point on the West line of the East 726.337 feet of said Hicks
Donation Land Claim;
THENCE South 00°30'33 "East parallel with the East line of said Hicks Donation
Land Claim,a distance of 363.893 feet to the South line of said Claim;
THENCE South 89°48 '34 "West along said South line,a distance of 610.163 feet tothePOINTOFBEGINNING;
TOGETHER WITH AND SUBJECT TO a 60 foot wide road easement for ingress,egress and public utilities over,under and across,in the South 1835.2 feet of the John HicksDonationLandClaimNumber42,in Section 4,Township 1 North,Range 3 East of theWillametteMeridian,said easement consisting of Easement A and Easement B as describedbelow:
Easement A
The center line of Road Easement A begins at a point North 00°30 '33"West 245.86feetfromtheSouthwestcornerofsaidEast726.33 feet of said John Hicks Donation LandClaim;
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Page 1 of 3
LAND SURVEYORS
ENGINEERS
E N G I N E E R I N G I N C .
(360)695-1385
'1111 Broadway
Vancouver,WA
98660
THENCE North 00°30 '33 "West parallel to the East line of said John Hicks Donation
Land Claim 934.28 feet to the point of curvature of a 150 foot radius curve to the left;
THENCE along said curve 151.85 feet;
THENCE North 58°30'47"West 639.97 feet,more or less to the centerline of Prune
Hill County Road,(SE 217th Avenue)to the terminus of said centerline.
Easement B
BEGINNING at a point North 89°48'34 "East 30 feet,as measured parallel to the
South line of said John Hicks Donation Land Claim,from the Northwest corner of the South
1529.30 feet of the East 726.33 feet of said John Hicks Donation Land Claim;
THENCE North 00°30'33 "West parallel to the East line of said John Hicks Donation
Land Claim 60 ,00 feet;
THENCE South 89°46 '34 "West parallel to the South line of said John Hicks
Donation Land Claim 60.00 feet ;
THENCE South 00°30'33 "East 212.07 feet;
THENCE South 60°29'20 "West 58.18 feet to the Northerly line of above described
Easement A;
THENCE Southeasterly along the Northerly line of said Easement A to a point that
bears South 00°30 '33 "East from the point of beginning;
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LAND SURVEYORS
ENGINEERS
E N G I N E E R I N G I N C .
(360)695-1385
1111 Broadway
Vancouver,WA
98660
THENCE North 00°30'33 "West parallel to the east line of said John Hicks Donation
Land Claim 349.00 feet,more or less to the POINT OF BEGINNING.
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Page 3 of 3
f LAND SURVEYORS
ENGINEERS
E N G I N E E R I N G I N C.
(360)695-1385
1111 Broadway
Vancouver,WA
98660
EXHIBIT “B”(Document 1 of 2)
LEGAL DESCRIPTION FOR SAPP TO
CITY OF CAMAS
May 19,2000
A parcel of property being in a portion of the John Hicks Donation Land Claim inSection4,Township 1 North,Range 3 East of the Willamette Meridian in Clark County,Washington described as follows:
COMMENCING at the Southwest corner of said Hicks Donation Land Claim;
THENCE North 00 °54 '18"East along the West line of said Hicks Donation LandClaim363.91 feet to the North line of that parcel of property conveyed to Hoaichau &HoanhVoquibydeedrecordedunderAuditor’s File 9010190162,records of Clark County,and theTRUEPOINTOFBEGINNING;
THENCE South 88 °40 '04"East along said North line 399.78 feet to a point on a627.50 foot radius curve to the left having a tangent bearing into said curve at this point ofNorth25°34 '44"East;
Thence around said 627.50 foot radius curve to the left 0.48 feet to a 572.50 footradiuscurvetotheright;
THENCE around said 572.50 foot radius curve to the right 162.89 feet to a 630.00footradiuscurvetotheleft;
THENCE around said 630.00 foot radius curve to the left 171.69 feet to a point whichis30.00 feet West of,when measured at right angles to,the East line of that parcel of propertyconveyedtoGarySappbydeedrecordedunderAuditor’s File 8906150106,records of ClarkCounty;
THENCE South 01 °00 '49"West parallel to said East line 281.62 feet to said NorthlineoftheVoquiparcel;
THENCE South 88 °40 '04"East along said North line 30.00 feet to said East line;
Page 1 of 2
(initials)
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LAND SURVEYORS
ENGINEERS
E N G I N E E R I N G I N C .
(360)695-1385
1111 Broadway
Vancouver,WA
98660
THENCE North 01 °00 '49"East along said East line 363.50 feet to the South line of
that parcel of property conveyed to J.Gardner McKay by deed reorded under Auditor’s File
9612100026,records of Clark County;
THENCE North 88 °40 '04"West along said South line 611.56 feet to said West line
of the Hick’s Donation Land Claim;
THENCE South 00 °54 '18 "West along said West line 363.50 feet to the TRUE
POINT OF BEGINNING.
(initials)
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LAND SURVEYORSyuuviENGINEERS
E N G I N E E R I N G I N C.
(360)695-1385
1111 Broadway
Vancouver,WA
98660
EXHIBIT “B”(Document 2 of 2)
LEGAL DESCRIPTION FOR MCKAY TO THE CITY OF CAMAS
May 26,2000
A parcel of property being a portion of the John Hicks Donation Land Claim in
Section 4,Township 1 North,Range 3 East of the Willamette Meridian in Clark County,
Washington,described as follows:
Commencing at the Southwest corner of said Hicks Donation Land Claim;
THENCE North 00°54 '18 "East along the West line of said Hicks Donation Land
Claim 727.41 feet to the North line of that parcel of property conveyed to Gary Sapp by deed
recorded under Auditor’s File 8906150106 records of Clark County and the TRUE POINT
OF BEGINNING;
THENCE North 00°54'18"East along said West Donation Land Claim line 363.09
feet to the North line of that parcel of property conveyed to J.Gardner McKay by deed
recorded under Auditor’s File 9612100026 records of Clark County;
THENCE South 88°40 '04"East along said North line 612.25 feet to the East line ofsaidMcKayparcel;
THENCE South 01°00'49"West along said East line 363.09 feet to said North line of
the Sapp parcel;
THENCE North 88°40'04 "West along said North line 611.56 feet to the TRUEPOINTOFBEGINNING.
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EXHIBIT ”C
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STORMWATER
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EXHIBIT"D"