Loading...
RES 1177RESOLUTION NO.f I 1”7 A RESOLUTION approving the Addendum to Pre-Annexation Development Agreement between the City of Camas and Grass Valley Holdings LLC,APC Sunrise Summit LLC,Skola LLC,Matthew Robert Lugliani and David Robert Lugliani,Trustees of the Lugliani Life Insurance Trust,Eiford Properties LLC,and Fisher Creek Campus LLC amending the Pre-Annexation Development Agreement dated effective January 8,2008. WHEREAS,Grass Valley Holdings LLC,APC Sunrise Summit LLC,Skola LLC,Matthew Robert Lugliani and David Robert Lugliani,as Trustees of the Lugliani Life Insurance Trust,Eiford Properties LLC,and Fisher Creek Campus LLC (hereinafter collectively referred to as "Developer")are the owners of,or control certain real property,subject to that certain Pre-Annexation Development Agreement dated effective January 8,2008;and WHEREAS,City and Developer have negotiated an Addendum to Pre-Annexation Development Agreement that sets forth timing of construction provided for in the Pre-Annexation Development Agreement;and WHEREAS,the City Council has conducted a public hearing on the proposed Addendum to Pre- Annexation Development Agreement,at which time it considered testimony from all interested parties;and WHEREAS,the City Council desires to approve the Addendum to Pre-Annexation Development Agreement; NOW,THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAMAS AS FOLLOWS: I That certain Addendum to Pre-Annexation Development Agreement between the City of Camas and Grass Valley Holdings LLC,APC Sunrise Summit LLC,Skola LLC,Matthew Robert Lugliani and David Robert Lugliani,as Trustees of the Lugliani Life Insurance Trust,Eiford Properties LLC,and Fisher Creek Campus LLC is hereby approved,and the Mayor is authorized and instructed to sign the Addendum on behalf of the City. n The Addendum to Pre-Annexation Development Agreement shall be recorded with the Clark County Auditor,pursuant to the requirements of RCW 36.70B. ADOPTED BY THE COUNCIL OF THE CITY OF CAMAS AND APPROVED BY THE MAYOR this 15th day of March,2010. tSIGNED: Mayor ATTEST:f t^~\. Clerk APPROVED as City Attorney 4663471 ADDcss*«i »{“-a '—Hr.’M /W /20 l “8!?22 RETURN ADDRESS City of Camas P .O .Box 1055 Camas ,WA 98607 Real Estate Excise Tax Ch.11 Rex.Laws 1951 y EXEMPT DateFofdetailsoftaxpaid see 3 '70 7 /-5Affd.# Affd.#Doug Lasher Clark County TreasurernBy.Deputy DOCUMENT TITLE(S): Addendum to Pre-Annexation Development Agreement REFERENCE NUMBER(S)OF RELATED DOCUMENTS: Clark County Auditor File No.441832 GRANTOR(S)(last name,first name and middle initial ): APC Sunrise Summit,LLC;Lugliani Life Insurance Trust;Eiford Properties,LLC;Fisher Creek Campus,LLC GRANTEE(S)(last name,first name and middle initial ): City of Camas LEGAL DESCRIPTION (abbreviated form;i.e.,lot,block plat or section township,range,quarter/quarter): SW ‘/4 SEC 32 TIN R3 E WM Additional legal see Exhibit A ASSESSOR’S PROPERTY TAX PARCEL/ACCOUNT NUMBER 177489-000 Additional parcel #s see Exhibit A The Auditor/Recorder will rely on the information provided on this form.The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. I am requesting an emergency nonstandard recording for an additional fee as provided in RCW 36.18.010 .I understand that the recording process may cover up or otherwise obscure some part of the text of the original document. Signature of Requesting Party ADDENDUM TO PRE-ANNEXATION DEVELOPMENT AGREEMENT This Addendum to The Pre-Annexation Development Agreement (“Addendum”)is entered into between the following Parties:City of Camas,a Washington Municipal Corporation, hereinafter the “City,”and APC Sunrise Summit LLC,a Washington Limited Liability Company,and Matthew Robert Lugliani and David Robert Lugliani,as Trustees of the Lugliani Life Insurance Trust dated January 30,1997 (“Lugliani Trust”),collectively (“Grass Valley”), and Eiford Properties,LLC,a Washington Limited Liability Company (“Eiford”),and Fisher Creek Campus,LLC,a Washington Limited Liability Company (“Fisher”). RECITALS The Parties other than Fisher and the Lugliani Trust entered into a Pre-Annexation Development Agreement dated effective January 8,2008 and recorded under Clark County Auditor’s File No.4411832 (the “Agreement”).Any capitalized terms not defined herein shall have the meaning ascribed to them in the Agreement. A. The Agreement provided for,among other things,the City to construct certain sanitary sewer improvements,including a pump station and conveyance lines,subject to the terms and conditions set forth in the Agreement. The City has obtained from the applicable Parties,all NW 38th Ave.Right of Way dedications necessary for the construction of the utilities identified in this Addendum; and the City has approved a Site Plan Application under SPR08-09 for two 150,000 sq.ft, office buildings. B . C. Notwithstanding the timing of construction provided for in the Agreement,the Parties have determined that the sewer design provided for in the Agreement can be improved upon to the benefit of all of the Parties and the Parties wish to take advantage of these benefits by amending the Agreement to provide for a sewer design and construction consistent with Exhibit D-l of this Addendum and on the dates as revised by this Addendum;provided that the Parties expressly acknowledge the City’s obligation to begin construction of the pump station remains conditioned upon the issuance of a building permit as provided for herein. D. Fisher has now purchased portions of the Property.The Lugliani Trust has now purchased from Eiford the portion of the Property bearing Clark County Tax Parcel Account No.177489-000 (the “Triangle Parcel ”). In order to better identify and efficiently integrate the future sewer service to property owned by Grass Valley north of NW 38 Avenue,this Addendum also provides for the E. F. DWT 13877409vl 0069965-000001 1 dedication of a twenty foot (20’)public easement for the location of a future sewer line GR-3B north of NW 38th Avenue,including within such easement,ingress and egress access for a ten foot (10’)utility road,all located as depicted on Exhibit G attached to this Addendum and incorporated by reference herein,which may,at Grass Valley’s sole discretion,be designed and constructed by Grass Valley,at its sole cost,with no cost to any other party to this Addendum.Location of sewer line GR-3B as shown on Exhibit G is subject to compliance with the requirements identified in the second sentence of Section 3 below. NOW THEREFORE,the Parties desire to enter into this Addendum to amend the Agreement, including the sanitary sewer design provided for in the Agreement. AGREEMENT SECTION 1 EXHIBIT D. Exhibit D of the Agreement shall be stricken in its entirety and replaced with the revised Exhibit D-l ,attached to this Addendum and incorporated by reference herein.Any references in the Agreement or this Addendum to Exhibit D shall only apply to the revised Exhibit D-l attached to this Addendum. SEWER AND WATER DESIGN,CONSTRUCTION AND OPERATION. SECTION 2 Section 6 of the Agreement shall be stricken in its entirety and replaced with the following: Section 6. The City agrees to design and construct the extension of water and sewer facilities (which phrase as used herein shall include,without limitation,the Pump Station, defined below,subject to the specific provisions relating to the Pump Station set forth in Sections 7 and 8 herein)substantially in accordance with the water and sewer improvements plan and map attached hereto as Exhibit D-l ;provided, however,that Grass Valley,Eiford and Fisher shall be jointly responsible for providing to the City construction drawings acceptable to the City and surveying (but not construction staking)for the construction and installation of sewer lines GR-1B,and GR-2B,as shown on Exhibit D-l .Such construction drawings shall not include permitting or mitigation.If Grass Valley desires to construct sewer line GR-3B,Grass Valley shall be solely responsible for providing to the City construction drawings of line GR-3B,as shown on Exhibit G prior to receiving approval to construct line GR-3B;and provided further,that Grass Valley shall be solely responsible for all costs associated with the design,permitting or construction of sewer line GR-3B and no other party to this Agreement shall be responsible for or bear any costs associated with the permitting,design or construction of GR-3B;provided,however,that if the City desires to increase the Sewer and Water DWT 13877409vl 0069965-000001 2 capacity of GR-3B over that reflected in Grass Valley’s design,the City shall be responsible for all costs associated with such increase in capacity.The design work for sewer lines GR-1B and GR-2B shall be completed and delivered to the City by March 19th,2010;and if such design work is not completed and delivered to the City by such date,the City’s remedy shall be that the deadlines set forth in Section 6.2 of this Agreement for the City to complete construction of the sewer and water facilities shall be extended on a day-for-day basis by the number of days from March 19th,2010 to the date such design work is completed and delivered to the City.All sewer and water facilities shall be designed and constructed to serve each respective portion of the Property at a level of use authorized by the zoning identified in Exhibit C for such portion of the Property. Design of the sewer and water facilities (other than GR-1B,GR-2B,and GR-3B) by the City shall be completed by April 30,2010.Upon completion of design of all the sewer and water facilities identified in Exhibit D-l ,the City will promptly prepare and submit any application or information to the Washington Department of Ecology (DOE)or the Washington Department of Health (DOH)necessary for the City to construct and utilize the sewer and water facilities identified in Exhibit D-l ;and,the City shall thereafter diligently pursue any approvals necessary from DOH or DOE to provide sewer or water services to the Property.Once constructed,such water and sewer facilities will be operated and maintained by the City as part of its public water and sewer systems. SECTION 3 LOCATION OF SEWER LINES GR-1B,GR-2B,GR-3B AND PUMP STATION. The sewer lines GR-1B and GR-2B,as depicted on Exhibit D-l shall be located within the respective areas legally described on Exhibits D-2 and D-3 attached hereto,and shall require no mitigation;provided however,that the City and Eiford may agree to a different location .If Grass Valley elects to design and construct sewer line GR-3B,such line shall be located as depicted on Exhibit G,subject to completion of engineering and submission of a U.S.Army Corps of Engineers -verified wetland delineation,to Camas standard mitigation requirements and to Grass Valley providing a permanent easement to the City pursuant to Section 6 of this Addendum over the entire GR-3B sewer line north to Bybee Road.Notwithstanding the foregoing,the City and Grass Valley may agree to a different location for sewer line GR-3B.The sewer pump station (“Pump Station”)shown as PS-1B on Exhibits D-l and G shall be located on the portion of the Triangle Parcel legally described on Exhibit F (the “Pump Station Parcel”). The foot print (as opposed to the wet well)for the Pump Station on the Pump Station Parcel shall be in a location that is consistent with the applicable codes,operation/maintenance requirements of the City,and reasonably maximizes the developable land area in the vicinity of the foot print. Further,the sewer and water facilities,including the Pump Station,shall be designed to serve each respective portion of the Property at a level of use authorized by the zoning identified in Exhibit C of the Agreement for such applicable portion of the Property.The Pump Station DWT 13877409vl 0069965-000001 3 facilities on the Pump Station Parcel shall not be located in a location which requires sewer lines GR-1B or GR-2B to be located further from the buffer of the Fisher Swale wetland than is depicted on Exhibit D-l without the written consent of Eiford. SECTION 4 TIMING OF CONSTRUCTION OF SEWER AND WATER FACILITIES EXCEPT FOR THE SEWER PUMP STATION The City’s requirement in Section 6.2 of the Agreement to “complete construction of the sewer and water facilities identified in Exhibit D,except for the Pump Station”is hereby amended to require such construction (as depicted on Exhibit D-l )be completed by the City by August 31, 2010.The City will not withhold the issuance of properly applied for building permits on the Property based upon the incompletion of construction of the sewer and water facilities identified in Exhibit D-l .On or prior to March 19th,2010,the Developers shall agree upon and provide to the City,elevation and topographic information about lines GR-1B and GR-2B sufficient to allow the City to establish the elevation of the bottom of the wet well for the Pump Station;if such information is not provided to the City by such date,the City’s remedy shall be that the deadline set forth in Section 6 of the Agreement (as amended by Section 2 of this Addendum) for the City to complete design of the sewer and water facilities (other than GR-1B,GR-2B,and GR-3B)shall be extended on a day-for-day basis by the number of days from March 19th,2010 to the date such information is provided to the City.In the event the City is unable to complete its obligations under this Section of the Addendum,solely because of delay caused by an outside regulatory agency as provided for in Section 6.2 of the Agreement or by an Act of God (including,but not limited to,earthquake,flood,tornado and other extreme acts of nature),then the City,while exercising due diligence to complete the construction as quickly as reasonably possible,reserves the right,in order to avoid constructing during the wet winter months,to complete construction and have operational,the sewer and water facilities the following year,as soon as is reasonably practicable,based upon weather and soil conditions,but in no event completing construction after April 1,2011.Additionally,should the lowest bid amount received by the City for the third party costs of construction of the sewer and water facilities and the Pump Station collectively (including costs of land acquisition for the Pump Station,permits and wetland or buffer mitigation,if any,but excluding the frontage road and frontage improvements for NW 38th Avenue)(collectively,the “Project Construction”),be more than the amount authorized by the City Council as part of the adoption and execution of this Addendum, said amount being 2.2 Million Dollars ($2,200,000)(the “Authorized Amount”),then the City shall be afforded a reasonable time to have the City Council lawfully rebid the construction of the sewer and water facilities and the Pump Station,authorize the expenditure of the higher amount or effect the Pump Station Construction Downsize as described in Section 8 of this Addendum,but in no event shall the City delay the completion of construction of the sewer and water facilities,identified in Exhibit D-l ,(except for a portion of the Pump Station in accordance with the Pump Station Construction Downsize provisions in Section 8),due to the cost of Project Construction exceeding the Authorized Amount,beyond October 31,2010.Nothing herein shall abrogate the City’s obligations created under the Agreement and the Addendum to acquire the DWT 13877409vl 0069965-000001 4 Pump Station Parcel for its appraised value and to construct the sewer and water facilities and the Pump Station identified in the Addendum. SECTION 5 TEMPORARY CONSTRUCTION EASEMENTS. Grass Valley and Fisher,respectively,will prepare and provide to the City within thirty days of the City’s execution of this Addendum,draft forms of any temporary construction easements for the Pump Station and FM-2B force main line reasonably necessary to allow the City to construct the Pump Station and FM-2B force main line identified in Exhibit D-l that are proposed to be constructed on any applicable portion of the Property owned by Grass Valley or Fisher.Grass Valley and Eiford,respectively,will prepare and provide to the City within thirty days of the City’s approval of the construction drawings for sewer lines FM-1B,GR-1B and GR-2B, respectively,draft forms of any temporary construction easements for such force main line and gravity sewer lines reasonably necessary to allow the City to construct such force main line and gravity sewer lines identified in Exhibit D-l that are proposed to be constructed on the applicable portions of the Property owned by Grass Valley or Eiford.The City and Fisher,Grass Valley and Eiford,as applicable,shall use their reasonable best efforts to agree on the forms of such temporary construction easements as soon as reasonably possible after the City’s receipt of such draft easements. SECTION 6 PERMANENT EASEMENTS. Upon the City’s completion of the improvements identified on Exhibit D-l for GR-1B and GR- 2B lines and acceptance of those improvements by the City,Eiford shall prepare and provide to the City permanent easements (in a form mutually acceptable to the City and Eiford)reasonably necessary to allow the City to repair,operate and maintain the sewer and water facilities for GR- IB and GR-2B lines identified in Exhibit D-l that are proposed to be constructed on the Eiford property;provided however,that this sentence shall not apply to the sewer Pump Station,FM- 1B,FM-2B or GR-3B identified on Exhibits D-l and/or G.Regardless of whether Grass Valley proceeds to design and construct sewer line GR-3B,Grass Valley agrees,upon request by the City,to prepare and provide to the City such permanent easements (in forms mutually acceptable to the City and Grass Valley)as may be reasonably required to allow the City,at the City’s expense,to construct (if not constructed by Grass Valley),repair,operate and maintain the sewer and water facilities for the GR-3B line identified in Exhibit G. SECTION 7 SEWER PUMP STATION. The first,second and third sentences of Section 6.1 of the Agreement shall be stricken in their entirety and replaced with the following: Section 6.1: Prior to the City’s construction of the Pump Station,Grass Valley shall dedicate the Pump Station Parcel to the City.In consideration for such dedication,the City DWT 13877409vl 0069965-000001 5 will pay Grass Valley the appraised value of the Pump Station Parcel,and such appraised value shall take into consideration any increased value of the Pump Station Parcel due to already completed surveys,delineations and environmental reports affecting the Pump Station Parcel.The City shall order an appraisal of the Pump Station Parcel within thirty (30)days following execution of this Addendum.Grass Valley and the City shall each bear one-half the cost of the appraisal.Closing of the City’s acquisition of the Pump Station Parcel shall occur within sixty (60)days of completion of the appraisal.The Pump Station location is the entrance to Camas and the Grass Valley commercial center.The City and Grass Valley acknowledge that the appearance at such location is important and shall seek to minimize the negative impacts of the facility with buffer plantings and green vinyl clad fencing and shall give effect to the Camas code requirement of a 30 foot setback from the right of way.In connection with its construction of the Pump Station,the City shall improve the frontage road on NW 38th Avenue along the frontage of the property on which the Pump Station is sited.The City may construct the frontage improvements after the Pump Station construction is completed,but in no event shall such construction be completed later than the date any portion of 38th Ave is improved west of Bybee Road or extended to the east edge of the Fisher Swale.In the event that prior to the conveyance of the Pump Station Parcel to the City,a building permit is issued on a portion of the Property that has received site plan approval,(thus triggering the City’s construction timelines under this Agreement),the City shall prepare and cause to be delivered to Grass Valley a possession and use agreement granting the City temporary possession and use of the Pump Station Parcel for the purpose of constructing a Pump Station pending completion of the conveyance process. Provided the City is not then in default of its appraisal and acquisition obligations regarding the Pump Station Parcel under this Section 7,Grass Valley shall execute the possession and use agreement within ten days of receipt of the agreement by Grass Valley.The possession and use agreement shall provide for Grass Valley and the City to indemnify the other from any negligent acts of the other party,including that party’s agents,independent contractors or assigns. SECTION 8 TIMING OF PUMP STATION CONSTRUCTION. The City’s obligation to bid or construct the Pump Station by dates or times certain provided for in Section 6.2 of the Agreement (but not the City’s obligation to construct as such)shall be stricken and replaced with the following: The City shall complete construction,and have operational,the Pump Station within 120 days of the issuance of a building permit on any portion of the Property that has received site plan approval;provided however,if said building permit is issued between July 1st and December 31st of any year,then the City, while exercising good faith to complete the construction,reserves the right to DWT 13877409vl 0069965-000001 6 complete construction and have operational,the Pump Station the following year, as soon as is reasonably practicable,based upon weather and soil conditions,but in no event starting the construction after May 1st of said following year and in no event completing construction and having the Pump Station operational after August 31,of that same year.If said building permit is issued between January 1st and April 30th of any year,construction shall begin no later than May 1st and the Pump Station shall be completed and operational by August 31st of that year.In the event the City is unable to complete its obligations under this Section of the Addendum,solely because of delay caused by an outside regulatory agency as provided for in Section 6.2 of the Agreement or by an Act of God (including,but not limited to,earthquake,flood,tornado and other extreme acts of nature),then the City,while exercising due diligence to complete the construction as quickly as reasonably possible,reserves the right,solely to avoid constructing during the wet winter months,to complete construction of the Pump Station and have it operational the following year,as soon as is reasonably practicable,based upon weather and soil conditions,but in no event completing construction of the Pump Station and having it operational after July 31st of that following year. Notwithstanding the preceding sentence,if the City,prior to April 15th,receives a “written notice of intent to apply for a building permit within sixty 60 days”on any portion of the Property that has received site plan approval,and a building permit is applied for within that time period,then the latest date to complete construction shall not be July 31st of the following year,but shall instead be April 1 st of the following year.In the event the lowest bid amount received by the City for the Project Construction is more than the Authorized Amount,then the City reserves the right,on an interim basis,to construct the Pump Station to a capacity that is sufficient to serve the building(s)that gave rise to the City’s obligation to construct the Pump Station under this section,plus any additional capacity to the extent funds are available within the Authorized Amount (the “Pump Station Construction Downsize”);provided,however,notwithstanding the City’s right to effect the Pump Station Construction Downsize on an interim basis,the City shall nevertheless design the Pump Station to the full capacity required under Section 2 of this Addendum and construct and install as part of the Pump Station Construction Downsize the full pad and electrical connections that will be necessary for the Pump Station at such full capacity.In the event the City’s right to effect the Pump Station Construction Downsize on an interim basis is triggered and the City elects to effect the Pump Station Construction Downsize,the City’s obligation under Section 2 of this Addendum to construct the Pump Station “designed and constructed to serve each respective portion of the Property at a level of use authorized by the zoning identified in Exhibit C [of the Agreement] for such portion of the Property”,shall not be abrogated or reduced,but instead shall be triggered by the next building permit applied for on any portion of the Property that has received site plan approval whose sewer demand causes a need for Pump Station capacity in excess of that possessed by the interim Pump Station constructed pursuant to the Pump Station Construction Downsize.In that event, DWT 13877409vl 0069965-000001 7 the City shall construct an expansion of the Pump Station to meet such increased demand for capacity within 120 days of the issuance of that building permit.The City acknowledges that this Section 8 may require the City to construct multiple expansions of the Pump Station. SECTION 9 PAYMENT OF SDC CHARGES. Nothing herein is intended to alter the obligation of the property owners or future developers of the Property from paying the then applicable SDC charges for sewer and /or water. SECTION 10 OTHER PROVISIONS. The provisions of the Agreement that are not modified by this Addendum remain unchanged and in full force and effect. SIGNATURES .SECTION 11 This Addendum may be signed in counterparts.A fax transmission of a signature page will be considered an original signature page.At the request of a party,the other party will confirm a fax-transmitted signature page by delivering an original signature page to the requesting party. Dated :/jj ,2010 CITY OF CAMAS,WASHINGTON By (person signing)~~Ph ^\~P-c nn '$ Title 3 d r APC SUNRISE SUMMIT,LLC rson signing)By Title AYv\>i 0 jnfxfl^ DWT 13877409vl 0069965-000001 8 .fLUGLIANI,TRUST */, Matthew Robert Lugliani,as Tnfstee of the Lugliarfi Life Insurance .Trust dated J 30,1997 / David !iob^fLughani,as T Lugliani Life Insurance Trub-cfated January 30,1997 tee of the EIFORD PROPERTIES,LLC By (person signing)Don Title President K.Eiford FISHER CREEK CAMPUS,LLC By (person si Title STATE OF WASHINGTON ) )ss. COUNTY OF CLARK ) \Jc<(S\CVSIcertifythatIknoworhavesatisfactoryevidencethat 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 the of the City of CAMAS,Washington,to be the free and voluntary act of such partyfor the uses and purposes mentioned in the instrument. is the of ^>\LEISHA A.COPSEY NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES AUQ.30,2011 Dated:, ) NO PUBLIC arid forthe State of: residing at t , My appointment expires:A<r^D \'9o DWT 13877409vl 0069965-000001 9 STATE OF WASHINGTON ) ):ss COUNTY OF CLARK ) On this day personally appeared before me ^me j^own as the of APC SUNRISE SUMMIT,LLC and acknowledged that he signed this document as his free and voluntary act and deed for the uses and purposes therein mentioned. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC and for the State of:us*residing at Yasr\<uru-<sC4.uJfl My appointment expires:<3//*r /o— % STATE OF C'mlnQAi COUNTY OF Adai’Ai, fyr^) ):ss ) On this day personally appeared before me Matthew Robert Lugliani.to me known as a Trustee of the Lugliani Life Insurance Trust dated January 30,1997,and acknowledged that he signed this document as his free and voluntary act and deed as Trustee for the uses and purposes therein mentioned. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC and for the State of: residing at My appointment expires:QIMS|3 II-?~”‘X > AUBREY A ROARK Notary Public State ot Colorado STATE OF U -W H ,ro /J ) ):ss COUNTY OF ) On this day personally appeared before me David Robert Lugliani,to me known as a Trustee of the Lugliani Life Insurance Trust dated January 30,1997,and acknowledged that he signed this document as his free and voluntary act and deed as Trustee for the uses and purposes therein mentioned. DWT 13877409vl 0069965-000001 10 WITNESS my hand and official seal hereto affixed the day and year first above written. |(8*01*^| 1 ,ftW^BUG /I /2 -K NOTARY PUBLIC and for the State of:^residing at ,Cc/FT My appointment expires:-^//^/30 ,z*-- STATE OF WASHINGTON ) ):ss COUNTY OF KING ) On this day personally appeared before me Donald K.Eiford,to me known as the President of EIFORD PROPERTIES ,LLC and acknowledged that he signed this document as his free and voluntary act and deed for the uses and purposes therein mentioned. WITNESS my hand and official seal hereto affixed the day and year first above written. ,%>$!%!<2?.V:| 5^//#>'NOTARY PUBLIC and for the State of Washington: residing at (jJfc My appointment expires:t S O 3: *<as22* OiLitb&Mi aSTATEOFWASHBiii#©N ) ):ss )COUNTY OF CFAKK On this day personally appeared before me f 4-‘TferffSuJCel^,of FISHER CREEK CAMPUS,LLC and acknowledged that ^he signed this in mentioned. to me known as the document as >r WITNESS my hand and official seal hereto affixed the day and year first above written./AA <XNOTARYPUBLIC and for the State of: My appointment expires:Feb ^f Xod &DWT 13877409vl 0069965-000001 KARA KAM WAH YEE |Commission #1836859 S Notary Public -California I San Mateo County gMyComm.Expires Feb 15 ,20131 11 EXHIBIT A ADDENDUM TO PRE-ANNEXATION DEVELOPMENT AGREEMENT THIS EXHIBIT WAS COPIED FROM AUDITOR'S FILE NUMBER 4411832,WHICH WAS RECORDED ON JANUARY 11,2008.NO CHANGES WERE MADE TO THIS EXHIBIT.THIS EXHIBIT IS OFFERED TO PROVIDE LEGAL DESCRIPTION AND ASSESSOR'S PROPERTY TAX PARCEL/ACCOUNT NUMBERS. HAGEDQRN,INC SURVEYORS AND ENGINEERS 1924 Broadway,Suite B *Vancouver,WA 98663 (360)696-4428 •(866)696-4428 •Fax:(360)694-8934 *www.hagedomse.com January 7,2008 PARCEL NO 177489 AND 126043; That portion of the following described parcel of land located in the Southwest quarter of Section 32,Township 2 North,Range 3 East,Willamette Meridian,and the Northwest quarter of Section 5,Township 1 North,Range 3 East,Willamette Meridian,Clark County,Washington,lying Easterly of the centerline of a creek running in a Southwesterly direction: BEGINNING at a point in the center of County Road,that is 17.65 chains North and 4.66 chains East of the Southwest corner of said Section 32; thence South along the West line of that certain tract of land conveyed to Lloyd V.Eiford et ux,by deed,recorded under Auditor's File No.G 137919,records of Clark County,Washington,parallel with the West line of said Section 32 and Section 5,for a distance of 37.60 chains to the Southwest comer thereof said point being the South line of the Northwest quarter of the Northwest quarter of said Section 5;thence East along said South line,for a distance of 15.29 chains to the Southeast comer of said "Eiford tract",said point being the Southeast corner of the Northwest quarter of the Northwest quarter of said Section 5;thence North along the East line of said "Eiford tract",for a distance of 35.10 chains to the center of said County Road;thence North 72°56'West,along the center of said County Road and the North line of said "Eiford tract",for a distance of 7.61 chains;thence continuing along said North line,North 82°05'West,for a distance of 2.86 chains;thence continuing along said North line,North 89°08'West,for a distance of 5.19 chains to the POINT OF BEGINNING. EXCEPT County Roads. LD-2008\Bford-Parcel Lrds 07-247 LANDSCAPE ARCHITECTURE SURVEYING Offices Located In: SHERWOOD,OREGON REDMOND,OREGON VANCOUVER,WASHINGTON www.aks-eng.com ENGINEERING PLANNING FORESTRY 13910 S.W.Galbreath Dr.,Suite 100 Sherwood,Oregon 97140 Phone:(503)925-8799 Fax:(503)925-8969 A km/ENGINEERING &FORESTRY Legal Description A portion oftheEiford Tract described in Auditor’s File No.3181188 ExhibitD located in Section 5, Township 1 North,Range 3 East,Willamette Meridian,Clark County,Washington and being more particularly described as follows: Beginning at the Northeast Section comer of Section 5,thence along the north line of said Section 5 North 88°42’49”West 2835.08 feet to the True Point of Beginning;thence along the west line of Auditor’s File No.3779583 and 9103010003 South 00°48’11”West 450.00 feet to the southwest comer of Auditor’s File No.9103010003;thence along the south line of Auditor’s File No. 9103010003 South 88°42’49”East 300.00 feet to the southeast comer thereof;thence -along the west line of said Auditor’s File No.South 00°48’11”West 255.00 feet to the southwest comer thereof; thence South 58t>30’26”West 1694.35 feet to the southeast comer of Lot 16 of “Awbrey Glen At Fisher’s Landing”;thence along the east line of said plat and the east line of Exhibit C of the Eiford Tract described in Auditor’s File No.3181188 North 01°09’06”East 1622.30 feet to the north line of said Section 5;thence along said north line South 88°42’49”East 932.41 feet to a point on the west line of Auditor’s File No.4231425;thence along the west line of said Auditor’s File No.and Auditor’s File No.376166 South 00°48’11”West 450.00 feet to the southwest comer of Auditor’s File No.376166; thence along the south line of said Auditor’s File No.South 88°42’49”East 150.00 feet to the southeast comer of said Auditor’s File No.;thence along the east line of said Auditor’s File No.and Auditor’s File No.4231425 North 00°48’11”East 450.00 feet to the north line of said Section 5;thence along said north line South 88°42’49”East 40.00 feet to the True Point of Beginning. The above described tract of land contains 33.43 acres,more or less. YL -b-on SSSSSSS! r / ETA n MAP OF LEGAL DESCRIPTION A PORTION OF EXHIBIT D OF THE EIFORD TRACT DESCRIBED IN AUDITORS FILE NO.3181188 OF SECTION 5,T1 N,R3E,W.M.CLARK COUNTY,WASHINGTON TRUE POINT OF BEGINNING TAX LOT 5 SERIAL NO.126247-000 AJ.NO.3779583 SE BYBEE RD.N88‘42'49”W 2835.08’32 33 S88‘42’49"E 40.00’ TAX LOT 7 SERIAL NO.126248-000 A.F.NO.4231425 S88‘42’49"E 93Z 41’TAX LOT 8 5 U SERIAL NO.\126249 -000 AJ.NO.8903060159 'TAX LOT 9 SERIAL NO.126250-000 AJ.NO.9103010003 II Or~CD2o“inTAXLOT10 SERIAL NO.126251 -000 A.F.NO.376166 <=>oLO TAX LOT 6 SERIAL NO. 126043-000 EIFORD EXHIBIT C AJ;NO.3181188 NOOr 48’11"E 450.00’ S88'42’49”E 150.00’ FII CD •T^OSirf2“LOCDCsl o ^POINT OF.BEGINNING MAX LOT 4 SERIAL NO. 126245-000 AJ.NO.4289774 IO S00’43’11”W 450.00’-v S8B‘42’49”E 300.00’ CO CDc/> LU 33.43 ACRESCOo cr>o CD TAX LOT 12 •SERIAL NO. 126253-000 A.F.NO.4289775 EIFORD EXHIBIT D AJ.NO.3181188^§1Bil31 £,y> CC pcCOUJ <co*rr*1 ENGINEERING •PLANNING SURVEYING •FORESTRY LICENSED IN OR &WAEIFORDSEG.JOB NAME: 195BJOBk 12011 NE 99TH STREET, SUITE 1530 VANCOUVER,m S8SB2 PHONE:(550)BB2-0419 FAX:(360)8B2-042B MSKDRWBY: NSWCKDBY: 195BBLA—1DWGf ENGINEERING PLANNING FORESTRY 13910 S.W,Galbreath Dr.,Suite 100 Sherwood,Oregon 97140 Phone:(503)925-8799 Fax:(503)925-8969 LANDSCAPE ARCHITECTURE SURVEYING Offices Located In: SHERWOOD,OREGON REDMOND,OREGON VANCOUVER,WASHINGTON www.aks-eng.coni A ENGINEERING &FORESTRY Legal Description A portion of the Eiford Tract described in Auditor’s File No.3181188 Exhibit D located in Section 5, Township 1 North,Range 3 East,Willamette Meridian,Clark County,Washington and being more particularly described as-follows: Beginning at the Northeast Section comer of Section 5,thence along the north line of said Section 5 North 88°42’49”West 2535.08 feet to a point;thence along the west line of Auditor’s File No. 4289774 South 00*48 *11”West 705.00 feet to the True Point of Beginning;thence along the west line of Auditor’s File No.4289775 South 00*48 *11”West 1744.74 feet to a point;thence along a line parallel to and 610 feet northerly of the John Knight Donation Land Claim (when measured at right angles)North 88°42’49”West 143732 feet to a point on the east line of Tract £A’of “Awbrey Glen At Fisher’s Landing”;thence along the east line of said Tract ‘A’North 01°09’06”East 82736 feet to the southeast comer of Lot 16 of said plat;thence North 58°30’26”East 169435 feet to the True Point of Beginning. The above described tract of land contains 4233 acres,more or less. [2~-£>—07 fc A i 4 Q : *3 LANDSCAPE ARCHITECTURE SURVEYING Offices Located In; SHERWOOD,OREGON REDMOND,OREGON VANCOUVER,WASHINGTON . www.aks-eng.com ENGINEERING PLANNING FORESTRY 13910 S.W.Galbreafh Dr.,Suite 100 Sherwood,Oregon 97140 Phone:(503)925-8799 Fax;(503)925-8969 A ENGINEERING &FORESTRY J Legal Description A portion of the Eiford Tract described in Auditor’s File No.3181188 Exhibit D located in Section 5, Township 1 North,Range 3 East,Willamette Meridian,Clark County,Washington and being more particularly described as follows: Beginning at the Northeast Section comer of Section 5,thence along the north line of said Section 5 North 88°42’49”West 2535.08 feet to a point;thence along the west line of Auditor’s File No. 4289775 and the northerly projection thereof South 00°48’11”West 2449.74 feet to the True Point of Beginning;thence continuing along said west line South 00°485 H ”West 610.02 feet to a point on the north line of the John Knight Donation Land Claim;thence along said north line North 88°42’49”West ' 1441.03 feet to a point oh the northerly east line of Auditor’s File No.4018471;thence along said northerly east line and the east line of Tract ‘A’of “Awbrey Glen at Fisher’s Landing”North 01°09’06”East 610.00 feet to a point;thence along a line parallel to and 610 feet northerly of the John Knight DLC line (when measured at right angles)South 88°42’49”East 1437.32 feet to the True Point of Beginning. The above described tract of land contains 20.15 acres,more or less. \'2-~ ctri J £i H , V \ l o\i / i <l I!ts$*ti'fj /J5\ / EXPIRES t:K h .J&.H MAP OF LEGAL DESCRIPTION A PORTION OF EXHIBIT D OF THE EiFORD TRACT DESCRIBED IN AUDITORS FILE NO.3181188 OF SECTION 5,T1 N,R 3E,W.M.CLARK COUNTY,WASHINGTON N88'42’49”W 2535.08’32 33 /SE BYBEE RD.5 POINT OF BEGINNINGJ5O ss aSis-s Ip <£LG*LZ " EIFORD EXHBIT D A.F.NO.3181188 T“^If 4gS3 to TRUE POINT OF BEGINNINGSB8‘42’49“E 1437.32’\ TAX LOT 12 .SERIAL NO. 126253-000 A.F.NO.4289775 UJ §8<y>* o20.15 O II CvJr~ooo 5 s oACRES s?£o <Q CO z:O CO a §oCO N88*42’49"W 1441.03’toor~]±f £r or NORTH LINE OFJ JOHN KNIGHT,DLC “STONELEAF CONDO’ LO TAX LOT 3.21 SERIAL NO. 125599-000 A.F.NO.4150767TAXLOT4 SERIAL NO. 126041-000 AT.NO.4018471 SCALE 1"=400 FEET rB 1 ENGINEERING •PLANNING •SURVEYING •FORESTRY LICENSED IN OR &WA 12011 NE 99TH STREET, SUITE 1530 VANCOUVER,WA 98582 PHONE:f3S0)8S2-D4 f 9 FAX:(35D;532-0425 EIFORD SEG.or-o JOB NAME:OTO 1958JOBj:ft* EXPIRES:t —'ll —0^ MSKDRWBY: NSWCKDBY: 1958BLA-2DWSf:^e.A ~3 ^J1 HAGEDORN,INC. SURVEYORS AND ENGINEERS 1924 Broadway,Suite B *Vancouver,WA 98663 *(360)696-4428 *(503)283-6778 •Fax:|36Q October 13,2005 gft wf jYmm orc&e.comin *I nLEGALDESCRIPTION1{r5 IFORkIGRASSVALLEY,LLC WbEXPIRES:s'4j'^>yyvvwN*^L-32 GRASS VALLEY LLC TRACT,AKA LOT 1 SHORT PLAT 1-301: That portion of Government Lot 3,lying in the Southeast quarter of the Southwest quarter of Section 32,Township 2 North,Range 3 East,Willamette Meridian,Clark County,Washington,described as follows: BEGINNING at a brass disc marking the Southwest corner of Section 32, Township 2 North,Range 3 East;thence South 88°42’55"East,along the South line of Section 32 as shown in Book 9 of Surveys,page 116,records of Clark County,for a distance of 1319.76 feet to the Southwest comer of Government Lot 3;thence continuing South 88°42'55"East,along said South line,for a distance of 164.73 feet to the Southwest corner of Book 1 of Short Plats,page 301,Clark County Auditor’s Records;thence North 20°02'22"East, along said West line,587.74 feet to the Southwest comer of Lot 1 and the TRUE POINT OF BEGINNING;thence continuing North 20°02'22"East,along said West line of Short Plat 1-301 for a distance of 280.70 feet to the centerline of S.E.Bybee Road;thence along the centerline of S.E.Bybee Road the following courses;thence South 57°14'06"East,93.09 feet;thence along the arc of a 201.00 foot radius curve to the right,through a central angle of 51°08’20",for an arc distance of 179.40 feet to the West line of "County Ridge"(H-263); thence South 01°23'09"West,along said West line,161.13 feet to the Southeast comer of Lot 1 of Short Plat 1-301;thence North 69°57'38"West, 278.51 feet to the TRUE POINT OF BEGINNING . TOGETHER WITH and SUBJECT TO easements and restrictions of record . Ld 2005\Grass Valley LLC Tract Lot 1 SP 103-l.rds 04-121 fc A .A q HAGEDORN,INC. SURVEYORS AND ENGINEERS 1924 Broad way.Suite B •Vancouver,WA 98663 •(360)696-4428 •(503)283-6778 •Fax:(36 October 14,2005 LEGAL DESCRIPTION FOR APC SUNRISE SUMMIT,LLC .EXPIRES: Apr SUNRISE SUMMIT,LLC TRACT.AKA LOT 2 SHORT PC That portion of Government Lot 3,lying in the Southeast quarter of the Southwest quarter of Section 32,Township 2 North ,Range 3 East,Willamette Meridian,Clark County,Washington,described as follows: BEGINNING at a brass disc marking the Southwest corner of Section 32, Township 2 North,Range 3 East;thence South 88°42'55"East,along the South line of Section 32 as shown in Book 9 of Surveys,page 116,records of Clark County,for a distance of 1319.76 feet to the Southwest corner of Government Lot 3;thence continuing South 88°42'55"East,along said South line,for a distance of 164.73 feet to the Southwest corner of Lot 4 of that Short Plat recorded in Book 1,page 301,Clark County Auditor's Records;thence North 20°02’22"East,along said West line,392.74 feet to the Northwest corner of Lot 4 and the TRUE POINT OF BEGINNING of the following described tract; thence continuing North 20°02’22"East,along said West line of Short Plat 1- 301 for a distance of 195.00 feet to the Southwest corner of Lot 1 of Short Plat 1-301;thence South 69°57’38"East,278.51 feet to the Southeast corner of Lot 1 of Short Plat 1-301;thence South 01°23’09"West,205.82 feet to the Northeast corner of Lot 3 of Short Plat 1-301;thence North 69°57'38"West, 344.34 feet to the TRUE POINT OF BEGINNING. EXCEPT County Roads (SE Bybee Road ). TOGETHER WITH and SUBJECT TO easements and restrictions of record. ALSO TOGETHER WITH and SUBJECT TO a 60.00 foot private road easement as described Auditor's File No.780424005.&-A mi Ld 20Q5\APC Sunrise Summit,LLC-Lot 2.rds X 4255232 Da\SiSi&iiii«ili's‘CS :SUE AFTER RECORDING MAIL TO: >ax /»kMMZ'TARCSunriseSummitLLC 16420 SE MoGiilrvray Boulevard,Ste,#103-197 $ Vancouver,WA 986S3 has bean paki &QR9Cp. Sec.61,see Affd,tta. Doug Lasher County Treasurer Deputy Sp3052ito )&xhtefcKforfiecxx}ers uss only Bled for Record at Request of: First American Title Insurance Company STATUTORY WARRANTY DEED Date November 16,2006FileNo:4233-938377 (DJB) Grantor(s):Jerrold D.Campbell and Debra J .B.Campbell Grantee(s):APC Sunrise Summit LLC Abbreviated Legal:Lot 3,SHORT PLAT No.432,Book 1,Page 432 Additional Legal on page: Assessor's Tax Parcel No(s);177451-P10 THE GRANTOR(S)Jerrold D.Campbell and Debra J .B.Campbell,husband and wife for and in consideration of Ten Dollars and other Good and Valuable Consideration,In hand paid,conveys, and warrants to APC Sunrise Summit LLC,the following described real estate,situated in the County of Clark,Stats of Washington. Lot 3 of SHORT PLAT No.432,recorded in Book 1 of Short Plats,Page 432,lying within the Southwest quarter of Section 32,Township 2 North,Range 3 East of the Willamette Meridian,recorded November 17,1978,under Auditor’s File No.7811170176,record of Clark County,Washington. Subject To:This conveyance is subject to covenants,conditions,restrictions and easements,if any, affecting title,which may appear in the public record,including those shown on any recorded plat or survey. Jerrold D.Campbell 7DebraJ.B.Campbell £x -A IP 4 H Page 1 of 2 LPB-10 7/97 mag W +-V1 J V r RIe Hoz 4253-938377 (D3&) Date:11/16/2005StatutoryWarrantyDeed-continuedAPN;177451-010 | Washington )STATE OF )-ss COUNTY OF Clark ) ow or have satisfactory evidence thatJerrold D.Campbell and Debra J.B.i toIcertifythat Campbell*is/^the person(s)who appeared before me,and sai£_p^rson(s)acknowledged that he/she/fhdy signed this instrument and acknowledged it to be his/her/tfiejpfree and voluntary art for the uses and purposes mentioned in this instrument .K>"WAS-'\Dated: Notary Public in and for the St^te of Washington Residing at:^My appointment 7^LORI S.RUGE NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES DECEMBER 9,2D09 P Dv -A il H 11 IP&-10 7/97Page2of2 Clark Auditor Fri Dec 01 16:00:24 PST 2006 4255232 Page 2 BEganag page :z /450U-D^0-U >51 \ 4034083P*5at 1 of 1«8/15/2®?*64 ;51P32.CO ClarSc County,tipCUKKCOUNTYTITLE»D Real Estate Excise Tax Oh.11 Rev.taws 1951AFTERRECORDINGMAILTO: $/cfo?..db Recp.#OTS^IQ Pate Sec.61,see Atfd.No., Name ARC Sunrise Summit LLC Address 16420 SE McGIIIIvrsy Blvd Clark CountyCHy,State,Zip Vancouver,WA §8683 &y.Deputy 103250 CE Statutory Warranty Deed THE GRANTOR Jerome T-Jarrctt and Stephanie M.Jarrett,husband and wife for and in consideration of Ten Boflars and other valuable consideration m hand paid,conveys and warrants to APC Sunrise Summit LLp (he following described real estate,situated in the County of CLARK,State of Washington; Lot 1,COUNTRY RIDGE U according to the plat thereof,recorded in Book ,fH,r of plate,page 263, records of Clark County,Washington, SUBJECT TO covenants,conditions,restrictions,reservations,easements end agreements of record,if any. Assessors Property Tax Parcel Account Numbers);177480-002,114007 Abbreviated Legal Description:Lot 1 of COUNTRY RIDGE 1 Dated this 5th day of -£s£y%2005. Jerome T.Jarrett lU 'GfaJV^k." Stephaife hi Jcrrett ^ }MSTATEOFWASHINGTON COUNTY OF dark I certify that l know or have satisfactory evidence that Jerome X.Jarrctt and Stephanie M»Jarrett are the persons w&o appeared before me,and said persons acknowledged that they signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned m this instrument Z-^/S—<$<rDated: \ANbtaiy Public in and for the State of Washington Residing at [nAACcx^y'C^y My appointment expiree V/1*.t <ni/'*••'}: Si/I ir-V-Jo.’- ..1 • £/..A a: >*.txtt LPB40gagVisionForm3DDOTW&Re<r„10&9/5S nmnn mSB.SURVEYORS AN®ENGINEERS 9 f Bft&staaF.§&&{£*<$£8?£3tJ!«*'.V&*£300^®fi-6«2&*E&&442&*F&x:(3SG$69$*$S$£•vmft&zqzsd&wsz-csm November 30y 2QQS LE5AL BpSCKIFITOM KM S&&SS VALLEY Hfl&jKENBS U£ TIOtiiOT #13,SiRfM.HQL ft2S354-&8&s That portion of Che Northeast quarter and frre-Southeast quarter of Section 5,Township 1North,Range 3 Sad,Warae&e Meridian,Qarfc.Ootintyv WasbiEgteh,desorfeed as fpEoasi geGINTOIS at the ferftraast corner df tftafc tract ooweyad to -Fred $n£a£saY &y deed'recordedIn Basic 2S5/.psge 123,Deed Records,said point being 27.SB chains West off the NMhe^oocner <£said Ssd&BV3;tkenda'Booth'&*Wr East, along fite East fee of said’^Watson trass?,^-36 chafes te-a point -on!tee,f 3orft line -of the Joel flight Bcfea^c^-tand d^te-andthe TRUE RQIMT OF'np@ hereof ©ew^.ffcftn Q^-2^Wes^aiahgfbe East fee of .said**m$m feasS?, I6EL.07-feet;'thence -West,•paraftat with the North.fee -Of said iod '-Kriffte Und -Cfefcrw -5M cfBfes to -the Wed;she of.saM:'*wd$oa tracT; thence South ®a 29'East,along said West fe3.16Sl.S7 feet'tdrtte'Nptfbine of saii feed fetgft.-ESonatisn laszd -O&m;'thenes ias^stongrsaid North'tee,S-36 •chains to the TRUE PCBfT OF fiB3NNftG. SUBJECT TO easements and raStticODps of record. L£^507\C2S3SS VsSfey Tt 0&6S$4 ;i asi i Is M.!*msmm SURVEYORS AMD ENGINEERS-mmm 192s.BrOadwey,Ssifcs B *Vsrcscuvstr,WA 5£S63 *p»}S3$-4tf 2S?'+fSBS).H9Q-442&*Fax;{33$a &4-S234'*-nvwwliergetfornss.ccrfn Ifevemter 30,.2007 tasAL teE&mwttmi FOR CfeASS'WL&r BOiBir^SS LUO im~im mi ,SERIAL «a,.s2S66feoaa Hat parts®of 1 the Southeast quaifer Section 5f Tcw4%'1 £§orth>Range '3 Easfc, Wlfemsts Manifei,Ctf 'af snas<Ostt Cmsty*Washington*,dssaibsdl as fellows; S33IivNiNG at -the Northeast .corner of that tract conveyed W fed Watson, described in ’Deed Book 296,page 123:records-of the dark County Auditor,-said point heMg 1315.00 feat Vsfesfc of the Northeastcomer -of said Section 's;thence South 0°4S*'0S*f -¥fe^r along -IM-East fee of said "Watson tradf ,3,385.92 feet to a point on the Morthf fma -sf the *3©ei JOfrgti;0sna$ten ishd GtsM*ani fet * TRUE PGilfT OF BEGINNING of the following described pans};thence contolngSsuth 0s 48'05*West,118,41 feet feiha North right-of-way line of ft.W.Pacific RJm fed as described -under -Oalk.County Auditor's Hla No. 8S0SB4CKO3;-then®South 5B°V?4§"Wes^a t o n g N o r t h rigbt-e^way fee, tifehOS.Sorlb 0°43'05"East,366.63 feet to fee North fee of "the 3qef ffeigim Donstisft 'Land Claim;'%easmSawfe If "East,gfang .said North line,393.35 feattoihe TRUE POINT OF B5SIMN1MG. SUBJECT TO easements ap'd Tesfcrtdions-of e -K i& rdL •Gras i ' /7 /SaS firtif A % HAGEPORN ,INC. SURVEYORS AND ENGINEERS 1824 Broadway,Suite B *Vancouver,WA 98553 *(360)686-4423 •(666)606-4428 •Fax:(360)694-8934 *www^Bgadomse.com 2222E3£222 2SSSS December 3,2007 LEGAL DESCRIPTION FOR GRASS VALLEY HOLDINGS,LL PARCEL NO 126253-000: That portion of the West half of the Northeast quarter and the Northwest quarter of the Southeast quarter of Section 5,Township 1 North,Range 3 East,Willamette Meridian, Clark County,Washington,described as follows: BEGINNING at a brass cap at the Northeast comer of Section 5,as shown in Book 9 of Surveys,page 116,Clark County Auditor's Records;thence North 88° 42'55"West,along the North line of the Northeast quarter of said Section 5,for a distance of 1815.00 feet to the Northwest corner of Parcel #6 of the "MacDonald tract",as described under Clark County Auditor's File No. 8803180033;.thence South 0°48'05"West,along the West line of said "MacDonald tract",for a distance of 325.00 feet to the TRUE POINT OF BEGINNING of Parcel 2;thence South 63°21'.30"West,811.36 feet to the East line of the "Eiford tract",as described under Clark County Auditor's File No. 3182988;thence South 0°48'05"West,along the East line of said "Elford tract",fore distance of 2390.01 feet to the North line of the Joel Knight DLC; thence South 88°26'19"'East,along the North line of said Joel Knight DLC,for a distance of 326.70 feet to the West line of the "Grass Valley Holdings LLC tract", as described under Auditor's File No.3812272;thence North 0°48'05"East, along said West line,for a distance of 1661.07 feet to the Northwest corner thereof;thence South 89°26'19"East,393.36 feet to the Northeast corner .thereof and the West line of said "MacDonald tractf ;thence North 0°48'05" East,along said West iine,for a distance of 1099.85 feet to the TRUE POINT OF BEGINNING. SUBJECT TO easements and restrictions of record. A .i §_c4 ]3-LD-2007\Skoia-Parcel 125253-000.rds 04-053-1 HAGEDORN ,INC. SURVEYORS AND ENGINEERS 1S24 Broadway,Suite B •Vancouver,WA BBS63 (3B0)696-4428 *(866 )696-4428 »Fax:(360)894-8B34 .www.hagsdDmse.com December 3,2007 LEGAL DESCRIPTION FOR SKOLA,LLC j j N^T u a | .RexPiRES:/^/5feJ J, That portion of the Northwest quarter of the Northeast quarter of Section 5,Township 1 North,Range 3 East,Willamette Meridian,Clark County,Washington ,described as follows ; PARCEL NO .126245-000: BEGINNING at a brass cap at the Northeast comer of Section 5,as shown in Book 9 of Surveys,page 116,Clark County Auditor’s Records;thence North 88° 42'55"West,along the North line of the Northeast quarter of said Section 5,for a distance of 1815.00 feet to the Northwest corner of Parcel #6 of the "MacDonald tract",as described under Clark County Auditor's File No , 8803180033 and the TRUE POINT OF BEGINNING of Parcel 1;thence South 0° 48'05"West,along the West tine of said "MacDonald tract",for a distance of 325.00 feet;thence South 63°21'30"West,811.36 feet to the East line of the "Eiford tract",as described under Clark County Auditor's File No.3182988; thence North 0°48'05"East,along the East 'line of said "Eiford tract"and the East line of the "Doner and Scharpf tracts",as described under dark County Auditor's File No.9407220157 and No.8903060159,for a distance of 705.00 feet to the .North line of Section 5;thence South 88°42'55"East,along the North line of said Section 5,for a distance of 720.08 feet to the TRUE POINT OF BEGINNING. SUBJECT TO easements and restrictions of record . SUBJECT TO County Road (S.E.20th Street). LD-20D7\Skola-Parcsl 1 -Exh F.rds 04-DB3-1 ry.A Jk A Jd 177451-005 Lot 2 of SHORT PLAT No.432,recorded in Book 1 of Short Plats,Page 432,lying within the Southwest quarter of Section 32,Township 2 North,Range 3 East of Willamette Meridian,recorded November 17,1978,under Auditor’s File No. 7811170176,Records of Clark County,Washington. 177451-000 Lot 1 of SHORT PLATS,as recorded in Book 1 of Short Plats,at page 432,as described under Auditor’s File No.7811170176 being asubdivision of aportionof Section 32, Township 2 North,Range 3 East of the Willamette Meridian,Clark County,Washington. 126248-000 ».-|—-— THAT PORTION OF THE WEST HALF OF THE NORTHEAST QUARTER AND THE EAST HALF OF THE NORTHWEST QUARTER OF THE GOVERNMENT ' LOTS 3 AND 6 OF SECTIN 5,TOWHSHIP 1 NORTH,RANGE 3 EAST OF THE WILLAMETTE MERIDIAN,DESCRIBED AS FOLLOWS: BEGINNING ON THE NORTH LINE OF SAID SECTION,43.588 CHAINS WEST OF THE NORTHEAST CORNER OF SAID SECTION 5;THENCE SOUTH 0 D29’EAST 300 FEET;THENCE WEST 150 FEET ALONG A LINE PARALLEL TO SAID SECTIN LINE;THENCE NORTH 0 °29’WEST 300 FEET TO THE POINT ON SAID SECTION LINE;THENCE EAST ALONG SAID SECTION LINE TO THE POINT OF BEGINNING,EXCEPT PUBLIC ROADS. SITUATED IN THE COUNTY OF CLARK,STATE OF WASHINGTON. 177437-010 Lot 3 of SHORT PLAT NO.182,in Book 2 of Short Plats,Page 182,in Section 32, Township 2 North,Range 3 East of the Willamette Meridian,recorded June 24,1987, under Auditor’s File No.8706240162,Records of Clark County,Washington. 177437 -015 LOT 4 OF SHORT PLATS,RECORDED IN BOOK “2”OF SHORT PLATS,PAGE 182,RECORDS OF CLARK COUNTY,WASHINGTON. 177439-000 A parcel of land in the Southwest quarter of Section 32,Township 2 North,Range 3 East of the Willamette Meridian,Clark County,Washington,described as follows: A a *(D A portion of that certain tract ofland described in the deed recorded under Auditor’s File No.G 262307 on May 14,1959,more particularly described below as follows: BEGINNING at the Southwest comer of said G 262307,said point being the TRUE POINT OF BEGINNING;thence North 88°55’44”East 163.08 feet along the South line of said G 262307;thenceNorth 18°55’36”East 86-5.24 feet,more or less,to the center line of the county road know as Bybee Road;thence Northwest along said center line to the West line of said G 262307;thence South.0°15,O7”West 1022.46 feet,more or less, along said Wek line TO THE POINT OF BEGINNING: EXCEPT that portion lying within Bybee Road. A JB.4 MAPTOEXHIBITA9*3fi__T1~:5p?ms$4»"^4;vMgfolSsd4r.;v'V'::-/-:vt"'H’?-r^fe^'-^MaML....^#S$»SS3Rl7I....,j8?—L5»i;Vv-~'j'"•4#i\•*».-.-Ar"l—tI:'••*•:\»ii&tI—tsmommasmismsl«MWpPW»S@M'IMMIllt»iaS8l®lifrtiiifsiwfirnmitmmpmmsmi.LMS*.Viv'/K:'-m.‘-K.J;4.A-*“--V.’5'.LHSPAJiijliiiipsiir^t!t.K.8\*<31\0)—?i»AfLegend»^///ntii<r^is—iParcelsRoadsAlleyyArterialyDNRyDNR(PrivateLand)DrivewayyInterstateyInterstateRampyPrimaryArterialyPrivateRoadsyPrivateRoadsw/oNamesyPublicRoadaySRRampyStateRouteggWaterbodiesj**gCityBoundariesUrbanGrowthBoundariesCountyBoundaryCountyBoundaryl:b1!/'\5P;-x(sfiS-Vswu^&ijjS^*5^3fltk-*7T~I—RSWa»ffgyyn.At^ik'iVrffcU./*<5~JJ4RU-SihfiaS§rtd--cIir’tyu-:ii*i.••“)UiiEXHIBITAPXRCEL5!im:iit.».••.*{•-j.iik.-.,{•.w.*•;A•v.:Co'jv.Jv**;’ilftsferKSSsS•/•».*<*••...•..--....1-•’•<‘f":-••-•.*-•'•.••V^A-V’•.Vn£*#w:«^attS3ssrf—-.>8i;-:M/.'-aViAl*i..••„•*»iit>.-'.t/vz&'ri:!I*7-‘••^•*.ii4i:iT.14>Scale:1:10,0003000ft.100020000Mapcenter:45°36*15“N,122°28*3,fWInformationshownonthismapwascollectedfromseveralsources.NeitherClarkCounty,Washington,northeproducerofthisdocumentacceptresponsibilityforanyInaccuraciesthatmaybepresent. EXHIBIT D ADDENDUM TO PRE-ANNEXATION DEVELOPMENT AGREEMENT i LANDSCAPE ARCHITECTURE SURVEYING AKS Group of Companies: SHERWOOD,OREGON REDMOND,OREGON VANCOUVER,WASHINGTON www.aks-eng.com ENGINEERING PLANNING FORESTRY 12011 NE 99th Street,Suite 1530 Vancouver,WA 98682 Phone:(360)882-0419 Fax:(360)882-0426 A ENGINEERING &FORESTRY Sheet 1 of 2 EXHIBIT D-2 Legal Description of Sewer Easement A portion of Exhibit C Auditor’s File Number 3181188,being a tract of land located in the Northwest One-Quarter of Section 5 ,Township 1 North,Range 3 East,Willamette Meridian,Clark County, Washington and being more particularly described as follows: Beginning at the northeast comer of Government Lot 5,thence along the north line of “Awbrey Glen at Fisher’s Landing”North 88°56’01”West 643.87 feet to a point;thence North 01°02’54”East 120.54 feet to the Tme Point of Beginning;thence North 39°26’20”East 208.46 feet to a point;thence North 11°12 ’05”East 77.80 feet to a point ;thence North 26°38’41”East 74.20 feet to a point;thence North 06°08’28”East 117.17 feet to a point;thence North 01°37’07”East 223.51 feet to a point;thence North 21°01’45”East 220.47 feet to a point;thence North 10°32’36”East 171.39 feet to a point;thence North 27°55’14”East 134.62 feet to a point on the south line of Auditor’s File Number 4497755;thence along said south line South 88°42 ’49”East 16.78 feet to a point;thence South 27°55’14”West 139.85 feet to a point;thence South 10°32’36”West 170.48 feet to a point;thence South 21°01’45”West 219.28 feet to a point;thence South 01°37’07”West 221.54 feet to a point;thence South 06°08’28” West 120.47 feet to a point;thence South 26°38’41”West 74.88 feet to a point;thence South 11°12’05”West 79.54 feet to a point;thence South 39°26’20”West 207.01 feet to a point;thence North 69“45’23”West 15.88 feet to the Tme Point of Beginning. The above described tract of land contains 18,455 square feet,more or less. V-vN*•asI aim IWVAK,44352 .I:s2\V. /'/ m —AF NO.4497755 —z tNORTHLINE SECTION 5 N2755’14"E 134.62’S88'42’49"E 16.78’ot-o S2755',rt EXHIBIT D-2EXHIBITC AUDITOR’S FILE NO. 3181188 N r >i £!^*I z " 139.85’MAP OF SEWER EASEMENT LOCATED IN THE NW 1/4 OF SECTION 5 T1N,R3E,W.M., CLARK COUNTY,WASHINGTON//EXHIBIT C AUDITOR’S FILE NO. 3181188 U o'C//i?*^//e s>-,7 #^U AREA:18,455 LU 11^SQUARE FEET K .gll &S CM rr {»CMOlIo2|I co I I~!f—15.00’N06'08’28”E 117.17’1191 j S06’08’28*W /1 120.47’ -S26‘38’41"W 74.88’ S11'12’05"W 79.54’ IN26*38’41”E 74.20 // .7/A/// Niri 2’05”E SCALE 1”=200 FEET77.80 OoCV2 TRUE POINT OF BEGINNING POINT OF BEGINNING NORTHEAST CORNER OF GOVERNMENT LOT 5 N88‘56’01 ”W 643.87’ N69’45’23”WN0T02’54”E 120.54’15.88’ ”A W B R E Y G L E N A T F I S H E R ’S L A N D I N G 22 21.2 3 S>A<i 7K T SE 25TH STREET Q. or“O oX $A SHEET 2 OF 2 :v:;:mvmvtvmv:;mv/mv LANDSCAPE ARCHITECTURE SURVEYING AKS Group of Companies: SHERWOOD,OREGON REDMOND,OREGON VANCOUVER,WASHINGTON www.aks-eng.com ENGINEERING PLANNING FORESTRY 12011 NE 99th Street,Suite 1530 Vancouver,WA 98682 Phone :(360)882-0419 Fax:(360)882-0426 A ENGINEERING &FORESTRY Sheet 1 of 2 EXHIBIT D-3 Legal Description of Sewer Easement A portion of Exhibit C Auditor’s File Number 3181188,being a tract of land located in the Northwest One-Quarter of Section 5,Township 1 North,Range 3 East,Willamette Meridian,Clark County, Washington and being more particularly described as follows : Beginning at the northeast comer of Government Lot 5,thence along the north line of “Awbrey Glen at Fisher’s Landing”North 88°56’01”West 643.87 feet to a point;thence North 01°02’54”East 120.54 feet to apoint;thence South 69°45 ’23”East 15.88 feet to apoint;thence South 01°02’54”West 100.32 feet to a point;thence South 88°56’01”East 628.92 feet to a point on the east line of Exhibit C Auditor’s File Number 3181188;thence along said east line South 01°14’41”West 15.00 feet to the Point of Beginning. The above described tract of land contains 11,202 square feet,more or less . a /f ca«<> »Ql -m /l /i fei <7? POINT OF BEGINNING NORTHEAST CORNER OF GOVERNMENT LOT 5 EXHIBIT D AUDITOR’S FILE NO. 3181188 EXHIBIT D-3 MAP OF SEWER EASEMENT LOCATED IN THE NW 1/4 OF SECTION 5 T1N,R3E,W.M., CLARK COUNTY,WASHINGTON 7 CJison4*41"W 15.00’QoCM Q CM coQ -o CSJCM <o CM LUCDCOCOfOoot-n uCMCMCDrCDcr:o LLJLUEXHIBITC AUDITOR’S FILE NO. 3181188 COS-s m "o o XM*tnCDCDCMLO fcLOCO60oLL_CD OOCO CM SC AT .FI 1”=100 FEETLULO<cAREA:11,202 SQUARE FEET COCM o o o o gM-CO CO QoooLU CD OCM 15.00’—-) Q >- LU -orr^-CM CD O cs100.32’ S0r 02’54”W J OOS69‘45’23”E 15.88’ CM o o.N0r 02’54”E 120.54’////LOT 29 Q:o zzf -sfSHEET2OF2'sssssmsafiSssssssmsW^ 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 “F” LEGAL DESCRIPTION FOR PUMP STATION SITE March 10,2010 A parcel of property in the Southwest quarter of Section 32,Township 2 North,Range 3 East of the Willamette Meridian in the City of Vancouver,Clark County,Washington,being more particularly described as follows: COMMENCING at the Southwest comer of the Southwest quarter of said Section 32; THENCE South 88°42'51"East along the South line of said Section 32 a distance of 895.89 feet to the TRUE POINT OF BEGINNING; THENCE continuing South 88°42'51"East along said South line a distance of 219.28 feet; THENCE North 01°17'09"East a distance of 242.63 feet; THENCE South 60°50’00”West a distance of 32.91 feet; THENCE South 49°32'54"West a distance of 83.36 feet; THENCE South 32°34’42"West a distance of 73.04 feet; THENCE South 41°19’16"West a distance of 141.10 feet to the TRUE POINT OF BEGINNING. EXCEPT the South 30.00 feet thereof. Containing approximately 22,961 square feet. Z:\8000\8300\8370\8373\83730001Jeg.doc (CJM/cjm)