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RES 1167RESOLUTION NO.j \U A RESOLUTION approving a Development Agreement between the City of Camas andGM Camas LLC superseding and replacing the Pre-Annexation Agreement dated May 22,2008 WHEREAS,GM Camas LLC is the owner of certain real property located within the City of Camas and subject to a Pr&Annexation Agreement dated May 22,2008 and recorded under Clark County Auditor's File No.4458438;and WHEREAS,the parties have negotiated a Development Agreementwhich is intended to supersede and replace the aforementioned ProAnnexation Agreement;and WHEREAS,the Development Agreement sets forth certain development standards that will govern the development of the property and sets forth the procedure for the submission of development applications consistent with the subsequent adoption by the City of additional planning; and WHEREAS,the City Council has conducted a public hearing on the proposed Development Agreement on October 19,2009,at which time it considered testimony from all interested pards;and WHEREAS,the City Council finds that the agreement has been reviewed by the Directorof Community Developmentand has been found to meet applicable planning requirements;and WHEREAS,the City Council desires to approve the Development Agreement; NOW,THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAMAS AS FOLLOWS: I That certain Development Agreement between the City of Camasand GM Camas LLC relating to certain real property located within the City 'smunicipal boundary is hereby approved ,and the Mayor is authorized and instructed to sign the agreement on behalf of the City . II The Development Agreement shall be recorded with the Clark County Auditor,pursuant to the requirements of RCW 36.70(b).190. ADOPTED BY THE COUNCIL OF THE CITY OF CAMAS AND APPROVED BY THE 7MAYORthis day of ,2009. \<JL VSIGNED: Mayor ATTEST; Clerk / 4636619 AGR5?cFfe^-$74 -00 Pages :13 -CITY OF CAPIASClarkCounty,U0 01 /22/2010 11 -25imiIIIIIIininilliniminmiiifiimuminim11mimiAfterrecording,return to: RANDALL B.PR1NTZ Landerholm,Memovich, Lansverk &Whitesides,P.S. P.O.Box 1086 Vancouver,WA 98666-1086 Legal Description covers all or portions of Clark County Tax Serial Numbers:173213-000,173212-000,173193-000,173158-000,171780-000,171727-000,172341 -000,171730-000171727-000,171704-000,172557-000,172553-000,172559-000,173178-000,172557-000,172555-000 DEVELOPMENT AGREEMENT GM CAMAS,LLC This Development Agreement (“Agreement”)is made and entered into by and between the CITY OF CAMAS,a Washington Municipal Corporation (hereinafter referred to as the “City”)and GM CAMAS,LLC (hereinafter referred to as the “Owner”)and shall be effective as of the last signed date below. RECITALS WHEREAS,Owner owns or controls certain real property which is located within the City’s municipal boundary and which is more fully described in the attached Exhibit “A”, (hereinafter referred to as the "Property”);and WHEREAS,the City wishes to provide for additional infrastructure planning and the process for implementation of permanent zoning with respect to the Property;and WHEREAS,the City and the Owner recognize this area will develop over a period of years and wish to provide predictability about the development standards that will apply to the area in order to increase efficient use of urban services and provide compatibility amongst the various properties within the area;and WHEREAS,the City is a Washington Municipal Corporation with annexation powers,and land use planning and permitting authority over all land within its corporate limits;and St-C./7 ,2.0,ai TfiN WHEREAS,the Washington State Legislature has authorized the execution of Development Agreements between local government and a person having ownership or control of real property within its jurisdiction pursuant to RCW 36.70B.170(1);and DEVELOPMENT AGREEMENT GM CAMAS,LLC Page -1 WHEREAS,local governments may also enter into a Development Agreement for real property outside its boundaries as part of a proposed annexation or service agreement pursuant to RCW 36.70B.170(1);and WHEREAS,pursuant to RCW 36.70B.170,a Development Agreement may set forth the development standards and other provisions that shall apply to,govern and vest the development,use and mitigation of the development of real property for the duration specified in the agreement;which statute provides: (1)A local government may enter into a Development Agreement with a person having ownership or control of real property within its jurisdiction.A city may enter into a development agreement for real property outside its boundaries as part of a proposed annexation or a service agreement.A development agreement must set forth the development standards and other provisions that shall apply to and govern and vest the development,use,and mitigation of the development of the real property for the duration specified in the agreement.A development agreement shall be consistent with applicable development regulations adopted by a local government planning under chapter 36.70A RCW;and WHEREAS,the legislative findings supporting the enactment of this section provides: The legislature finds that the lack of certainty of the approval of development projects can result in a waste of public and private resources,escalate housing costs for consumers and discourage the commitment to comprehensive planning which would make maximum efficient use of resources at the least economic cost to the public.Assurance to a development project applicant that upon government approval the project may proceed in accordance with existing policies and regulations,and subject to conditions of approval,all as set forth in a development agreement,will strengthen the public planning process,encourage private participation and comprehensive planning,and reduce the economic cost of development.Further,the lack of public facilities and services is a serious impediment to development of new housing and commercial uses.Project applicants and local governments may include provisions and agreements whereby applicants are reimbursed over time for financing public facilities.It is the intent of the legislature by RCW 36.70B.170 through 36.70B.210 to allow local governments and owners and developers of real property to enter into development agreements;and WHEREAS,for the purposes of this Development Agreement,“development standards”includes,but is not limited to,all of the standards listed in RCW 36.70B.170(3); and DEVELOPMENT AGREEMENT GM CAMAS,LLC Page -2 WHEREAS,this Development Agreement by and between the City and the Owner relates to the zoning and future development of the Property;and, NOW,THEREFORE,THE PARTIES HERETO AGREE AS FOLLOWS: Section 1. be implemented under the authority of and in accordance with RCW 36.70B.170 through RCW 36.70B.210.It shall become a contract between the Owner and the City upon its approval by ordinance or resolution following a public hearing as provided in RCW 36.70B.170. Development Agreement.This Agreement is a Development Agreement to Section 2. words shall have the meanings and be interpreted as set forth in this Section. “Adopting Resolution”means the Resolution which approves this Agreement,as required by RCW 36.70B.200. “Effective Date”means the effective date established by the Adopting Resolution. Definitions.As used in this Agreement,the following terms,phrases and Term of Agreement.This Agreement shall commence upon the EffectiveSection3. Date,and shall continue in force for a period of five (5)years;unless extended or terminated by mutual consent of the parties. Section 4.Pre-Annexation Agreement.The parties agree that the Pre-Annexation Agreement dated May 22,2008 and recorded against the Property under Clark County Auditor’s No.4458438 is completely superseded by this Agreement and will no longer apply to the Property ,The City agrees that it will accept development applications for proposed development on the Property once (1)this Development Agreement is executed by all parties; and,(2)the City adopts permanent zoning for the Property.Provided,however,that it is agreed that the submission of any development application shall not compel the City to process any development application on the Property within the statutory time period provided for in RCW 36.70B until the following additional events occur: Funding,preparation and adoption of a new Transportation Impact Fee Study; Adoption by the City of a new impact fee schedule for the North Shore annexation area,based upon the Transportation Impact Fee Study pursuant to Subsection 4(a) herein;and a. b. Adoption by the City Council of an update to its water,sewer,and transportation capital facilities plans. The City,however,agrees to accept a pre-application to allow a development application to be subsequently filed and deemed fiilly complete.No approval decision shall be issued by the c. DEVELOPMENT AGREEMENT GM CAMAS,LLC Page -3 City on a development application relating to the Property until the items in Section 4 (a),(b) and (c)have been completed by the City.The parties agree that the submission of a Development Application shall not vest the application in the then applicable Capital Facility Plan for sewer,water or transportation;or for impact fees for transportation and the system development charges for water and sewer until those plans are updated pursuant to this Section 4.Vesting for impact fees,taxes,permit application fees,utility fees,or system development charges shall be determined and calculated consistent with City of Camas provisions on the date such fee,charge or tax is triggered. Section 5, Plan.The purpose of the plan is to provide the Parties with predictability regarding the future development of the Property and provide assurances to the City the property will be developed generally consistent with adopted Capital Facility Plans as described in Section 4 herein and consistent with the overall development pattern of the City.The Conceptual Master Plan identifies appropriate areas of development and potential densities consistent with the Comprehensive Plan designations previously adopted by the City for the Property. Future development of the Property shall be generally consistent with the Conceptual Master Plan unless otherwise altered through an approved development application. Section 6 only,during the term of this Agreement the property shall adhere to and be regulated by the rules and regulations and ordinances that are in effect on the effective date,namely,the Puget Sound Manual,February 1992.The Parties recognize that there may be opportunities for regional storm water strategies or facilities in the North Lacamas Lake area.The Parties agree to continue to explore with each other and with interested third parties options for regional storm water strategies /facilities in this area. Section 6.1.The City shall have no liability for any damages or losses suffered by the Owner or the Owner’s successors if a federal or state agency takes action that voids,nullifies or preempts the City's agreement to permit vesting under this development agreement.Owner and Owner’s successors shall further indemnify and hold harmless the City of Camas from any and all liability,including third party liability,under any applicable state or federal regulations including,but not limited to,the Clean Water Act,for any actual or alleged violation of said regulations arising from the City’s agreement to allow the vesting described in this Section 6 or in the event said third party or agency challenges the adoption of this Development Agreement within the applicable timeframes.In such event,the City,in its sole discretion,may require the owner or the owner successors to post a bond in an amount deemed reasonably sufficient to cover all costs and expenses associated with any claim or action for liability as described herein,including reasonable attorney's fees to be incurred by the City in defending any third party claim.Upon notice of any claim or action for liability against City relating to this Section,the City shall timely notify Owner or Owner’s successors Conceptual Master Plan.Attached as Exhibit “B”is a Conceptual Master Storm Water Regulations.As relates to Stormwater Detention Standards DEVELOPMENT AGREEMENT GM CAMAS,LLC Page -4 of their duties for indemnification of the City.Within ten (10)days of such notice,Owner may,at Owner’s sole discretion,revoke its vested rights to the City’s current storm water standards arising under this section by giving written notice of such revocation to the City. Upon such revocation,the Owner shall have no further liability to the City or obligation to indemnify the City.The Owner may choose to waive the vesting provided for in Section 6,if it notifies the City in writing.In that event,any fully complete development application submitted to the City and relating to the Property,shall vest to the storm water rules and regulations in effect at the time such application is submitted to the City.If the Owner chooses to waive the vesting provided for in Section 6,then all vested rights created in Section 6,shall become null and void. Streetscape.Owner agrees to incorporate into its development applicationSection7 submittal package streetscape standards for all streets within the Property addressing street specifications,tree spacing and species,sidewalk separation,trash receptacles,benches and other street amenities that will create an inviting,safe passage for not only vehicular but pedestrian traffic.Owner streetscape standards will be consistent with the streetscape standards identified in Exhibit “C”or to the adopted streetscape standards,at the City's sole discretion,at the time of development approval.At the time of application,Owner shall further be required to meet the current City minimum Street standards in CMC 17.19 and the Camas Design Standards Manual. For any development applicationArcheologicalPre-Determinations.Section 8 relating to any portion of the Property,a pre-determination archeological report shall accompany such application.Such report shall be prepared and reviewed in accordance with Camas Municipal Code (CMC)16.31.060.This requirement shall be superseded by any future archeological regulations adopted by the City that implement a new archeological predictive model. Significant Views:The property includes land (Green Mountain)that is recognized as an important scenic and forested backdrop to Lacamas Lake as viewed from roads and vistas around the lake,which in turn plays a role in defining the City's character. The City’s Comprehensive Plan identifies the goal of “preserving the scenic and aesthetic quality of shoreline areas and vistas to the greatest extent possible.”The Comprehensive Plan also identifies as a strategy to achieve these goals:establishment and maintenance of a permanent open space network and greenways;and,preserving the visual integrity of the wooded hillsides that provide the backdrop for the City;including the preservation of natural vegetation,minimizing disruption of soils and slopes,maintaining drainage patterns and encouraging wildlife habitats.The parties agree that public views of Lacamas Lake and its natural backdrop are significant scenic views.As such,any development application under this agreement shall comply with CMC 16.33 including any necessary mitigation plan, prepared and reviewed in accordance with CMC 16.33.Compliance with this section shall include,but not be limited to,review of any Development Application for consistency with Section 9 DEVELOPMENT AGREEMENT GM CAMAS,LLC Page -5 the policies under CMC Section 16.33.010(B)and may be conditioned or denied to mitigate views impacts consistent with CMC Section 16.33.010(B)(4),(5). Section 10 Golf Course:The parties acknowledge that a portion of the property is currently utilized as a golf course and related uses,subject to a conditional use permit. Nothing contained within this Agreement shall be construed as an indication on the part of the City that such use is prohibited or constrained in any manner and such use may continue after the execution of this Agreement. Section 11.Remedies.Should a disagreement arise between the City and Developer regarding the interpretation and application of this Agreement,the parties agree to attempt to resolve the disagreement by first meeting and conferring.If such meeting proves unsuccessful to resolve the dispute,the disagreement may be resolved by judicial action filed in the Clark County Superior Court . Performance.Failure by either party at any time to require performance bySection12. 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 a party of the breach hereof be held to be a waiver of any succeeding breach or a waiver of this non-waiver clause. Venue.This Agreement shall be construed in accordance with and ,governedSection13. by,the laws of the State of Washington.The parties agree to venue in the Superior Court for Clark County,State of Washington,to resolve any disputes that may arise under this Agreement . Section 14.Severability.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. Section 15.Inconsistencies.If any provisions of the Camas Municipal Code are deemed inconsistent with the provisions of this Agreement,the provisions of this Agreement shall prevail. Binding on Successors and Recording.This Agreement shall run with theSection16. land and be binding upon and inure to the benefit of Developer,the parties,and their respective heirs,successors and assigns.This Agreement shall be recorded against the real property indicated on Exhibit “A”with the Clark County Auditor. Developer may sell or otherwise lawfully dispose of any portion of the Property to another person who,unless otherwise released by all parties,shall be subject to the applicable provisions of this Agreement related to such portion of the Property. Recitals.Each of the recitals contained herein are intended to be,and areSection17. incorporated as,covenants between the parties and shall be so construed . DEVELOPMENT AGREEMENT GM CAMAS,LLC Page -6 Section 18.Amendments .This Agreement may only be amended by mutual agreement of the parties . Exhibits: Exhibit A: Exhibit B : Exhibit C : Legal Description of Property Conceptual Master Plan Streetscape Standards IN WITNESS WHEREOF,the parties hereto have caused this Development Agreement to be executed as of the dates set forth below: GM CAMAS,LLCCITYOFCAMAS YByBy Title HTitle/A STATE OF WASHINGTON ) )ss. County of Clark I certify that I know or have satisfactory evidence that P/h/u.£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 this instrument and acknowledged it as the Chairman of the Board of Realvest Corporation^Member of GM Camas,LLC,to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. ) DATED :£VU /7 .2009. l -ats^euc i I 'o NOTARY PUBLIC for the State of Washington , Residing in the County of Clark My Commission Expires:t >- DEVELOPMENT AGREEMENT GM CAMAS,LLC Page -7 STATE OF WASHINGTON ) )ss. County of Clark ) PLIJL Oennic-I certify that I know or have satisfactory evidence that the person who appeared before me,and said person acknowledged that he signed this instrument,on oath stated that he was authorized to execute this instrument and acknowledged it as the jiY of the CITY OF CAMAS,to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument . is DATED :,2009. NOTARY PUBLIC fc>r the State of Washington, Residing in the County of Clark My Commission Expires :'*/*&/%£/£> i RONDA L.SYVEBSON1NOTARYPUBLICISTATEOFWASHINGTON1COMMISSIONEXPIRESnr.TQBER 1 B.2010 DEVELOPMENT AGREEMENT GM CAMAS,LLC Page -8 Exhibit “A” LCIJAL uncsurcir i IUIN GREEN MOUNTAIN -RVP 5198 DEVELOPMENT AGREEMENT June 12 ,2009 Page 1 OF 3 BEING PORTIONS OF THE DANIEL OLLIS DLC #52 LYING IN SECTIONS 17 AND 20;THE T.J. FLETCHER DLC #51 LYING IN SECTIONS 20 AND 21;THE JACOB PREOBSTEL DLC #39 LYING IN SECTION 17;GOVERNMENT LOTS 1,2 AND 3 IN SECTION 17;GOVERNMENT LOTS 3 AND 4 IN SECTION 21;THE SOUTHEAST ONE-QUARTER OF SECTION 17;THE NORTHEAST AND NORTHWEST ONE-QUARTERS OF SECTION 21;TOWNSHIP 2 NORTH,RANGE 3 EAST,W.M. CLARK COUNTY,WASHINGTON,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 21 MARKED WITH A 3 INCH BRASS CAP PER LAND CORNER RECORD 13-2 A;THENCE ALONG THE NORTH LINE OF SAID SECTION 21 NORTH 88°58'06"WEST,1100.26 FEET TO THE INTERSECTION WITH THE NORTHERLY PROLONGATION OF THE EASE LINE OF THAT 32.37 ACRE TRACT OF LAND PER THAT RECORD OF SURVEY RECORDED IN BOOK 48 PAGE 141,CLARK COUNTY SURVEY RECORDS ,BEING THE POINT OF BEGINNING;THENCE CONTINUING ALONG SAID NORTH SECTION LINE NORTH 88°58'06"WEST,1532.33 FEET TO THE NORTH ONE-QUARTER CORNER OF SAID SECTION 21 MARKED WITH A 3 INCH BRASS CAP PER LAND CORNER RECORD 12-2A BEING A POINT ON THE CENTERLINE OF 222ND AVENUE (BEING 60 FEET WIDE);THENCE LEAVENING SAID NORTH SECTION LINE ON THE NORTH-SOUTH CENTER OF SECTION LINE AND ALONG SAID CENTERLINE SOUTH 01°27 23"WEST,1314.52 FEET TO THE NORTH LINE OF THE SOUTH ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 21;THENCE LEAVING SAID NORTH-SOUTH CENTER OF SECTION LINE ALONG SAID NORTH LINE NORTH 88° 41'50"WEST,1801.12 FEET TO THE EAST LINE OF SAID T.J.FLETCHER DLC #51;THENCE ALONG SAID EAST LINE OF DLC #51 NORTH 01°13 59"EAST,1315.12 FEET TO THE NORTHEAST CORNER OF SAID DLC #51 AND THE NORTH LINE OF SAID SECTION 21;THENCE ALONG SAID NORTH LINE OF SECTION 21 AND DLC #51 NORTH 88°40'40"WEST,830.92 FEET TO THE NORTHWEST CORNER OF SAID SECTION 21 MARKED WITH A 2.5 INCH BRASS CAP PER LAND CORNER RECORD 11-5H ;THENCE ALONG THE EAST LINE OF SAID SECTION 17 NORTH 01°46' 08"EAST,1962.10 FEET TO THE SOUTHEAST CORNER OF THE PLAT OF MOUNTAIN GLEN,BOOK 'J PAGE 199 OF CLARK COUNTY PLATS,SAID SOUTHEAST CORNER BEARS SOUTH 01°46'08" WEST,687.70 FEET FROM THE EAST ONE-QUARTER CORNER OF SAID SECTION 17 MARKED WITH A 2.5 INCH BRASS CAP PER LCR 11-1A;THENCE LEAVING SAID EAST LINE OF SECTION 17 ALONG THE SOUTH LINE OF SAID PLAT OF MOUNTAIN GLEN THE FOLLOWING THREE (3) COURSES:(1)NORTH 89°22'54"WEST,2186.15 FEET;(2)NORTH 01°45’49"EAST,256.70 FEET; (3 )NORTH 89°22'54"WEST,1309.55 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF NE INGLE ROAD ALSO SHOWN AS NE 199 AVENUE (BEING 20 FEET FROM THE CENTERLINE WHEN MEASURED PERPENDICULAR THERETO)PER SAID PLAT;THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE THE FOLLOWING EIGHT (8)COURSES:(1)SOUTH 01°54’19"WEST 43.37 FEET TO A POINT OF 314.98 FOOT RADIUS CURVE TO THE LEFT;(2)THENCE ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 44°54’50"AN ARC DISTANCE OF 248.91 FEET,THE CHORD OF WHICH BEARS SOUTH 20°33 '06"EAST 240.64 FEET;(3)SOUTH 43°00'31" EAST 123.50 FEET TO A POINT OF 694.96 FOOT RADIUS CURVE TO THE RIGHT;(4)THENCE ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 17°27'37"AN ARC DISTANCE OF 211.76 FEET,THE CHORD OF WHICH BEARS SOUTH 34°16'42"EAST 210.96 FEET; (5)SOUTH 23°56'16"EAST 142.39 FEET;(6)SOUTH 30°50'28"EAST 287.76 FEET;(7)SOUTH 30°43'35"EAST 652.13 FEET;(8)SOUTH 30°19 '01"EAST 238.07 FEET TO THE WESTERLY MOST CORNER OF THAT TRACT OF LAND RECORDED AS AUDITORS FILE NUMBER G646584;THENCE ALONG THE BOUNDARIES OF SAID TRACT NORTH 59°57'05"EAST 330.03 FEET,SOUTH 33°49 '18" EAST 667.93 FEET AND SOUTH 49°37'34"WEST 333.22 FEET TO THE EASTERLY RIGHT-OF-WAY LEGAL DESCRIPTION GREEN MOUNTAIN -RVP 5198 DEVELOPMENT AGREEMENT June 12,2009 Page 2 OF 3 LINE OF SAID INGLE ROAD (BEING 20 FEET FROM THE CENTERLINE WHEN MEASUREDPERPENDICULARTHERETO);THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE SOUTH40°24'20"EAST 160.54 FEET TO THE EASTERLY LINE OF THAT TRACT OF LAND RECORDED ASAUDITORSFILENUMBER8911140220;THENCE LEAVING SAID RIGHT-OF-WAY LINE ALONG SAIDEASTERLYLINENORTH06°18'34"EAST 45.28 FEET TO THE SOUTHERLY LINE THEREOF;THENCE ALONG SAID SOUTHERLY LINE AND THE NORTHERLY LINE OF THAT TRACT OF LANDRECORDEDASAUDITORSFILENUMBER9004270087NORTH86°58 '51"EAST 799.11 FEET TOTHENORTHEASTCORNEROFSAIDAFN9004270087;THENCE ALONG THE EASTERLY LINETHEREOFSOUTH02°04'48"EAST 974.08 FEET TO THE EASTERLY RIGHT OF WAY LINE OF INGLEROAD(BEING 30 FEET FROM THE CENTERLINE WHEN MEASURED PERPENDICULAR THERETO);THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE THE FOLLOWING SEVEN (8)COURSES:(1)SOUTH 40°24'20"EAST,32.84 FEET TO AN ANGLE POINT;(2)SOUTH 40°17'19"EAST,334.93FEETTOAPOINTOF2030.00 FOOT RADIUS CURVE TO THE RIGHT;(3)ALONG SAID CURVE TOTHERIGHT(THE CENTER OF WHICH BEARS SOUTH 49°42'41"WEST)THROUGH A CENTRALANGLEOF06°41'37"AN ARC DISTANCE OF 237.16 FEET (THE CHORD OF WHICH BEARS SOUTH36°56'30"EAST,237.02 FEET);(4)SOUTH 33°35'42"EAST,1033.58 FEET;TO A POINT OF 830.00FOOTRADIUSCURVETOTHERIGHT;(5)ALONG SAID CURVE TO THE RIGHT (THE CENTER OFWHICHBEARSSOUTH56°24'18"WEST)THROUGH A CENTRAL ANGLE OF 20°46'05"AN ARCDISTANCEOF300.85 FEET (THE CHORD OF WHICH BEARS SOUTH 23°12'39"EAST,299.21FEET);(6)SOUTH 12°49'37"EAST,392.70 FEET TO A POINT OF 770.00 FOOT RADIUS CURVE TOTHELEFT;(7)ALONG SAID CURVE TO THE LEFT (THE CENTER OF WHICH BEARS NORTH 77°10'23"EAST FEET)THROUGH A CENTRAL ANGLE OF 33°26'14"AN ARC DISTANCE OF 449.36 FEET(THE CHORD OF WHICH BEARS SOUTH 29°32'44"EAST,443.01 FEET);(8)SOUTH 46°15 '51"EAST 8.48 FEET TO THE NORTHWESTERLY RIGHT-OF-WAY LINE OF NE GOODWIN ROAD (BEING30FEETFROMTHECENTERLINEWHENMEASUREDPERPENDICULARTHERETO);THENCEALONGSAIDRIGHT-OF-WAY LINE OF NE GOODWIN ROAD THE FOLLOWING FOUR (4)COURSES:(1)NORTH 43°56’45"EAST,493.63 FEET TO A POINT OF 984.93 FOOT RADIUS CURVE TO THERIGHT;(2)ALONG SAID CURVE TO THE RIGHT (THE CENTER OF WHICH BEARS SOUTH 46°03 '15"EAST)THROUGH A CENTRAL ANGLE OF 26 °01'00"AN ARC DISTANCE OF 447.23 FEET (THECHORDOFWHICHBEARSNORTH56°57'15"EAST ,443.40 FEET);(3)NORTH 69°57'45"EAST,355.35 FEET TO A POINT OF 984.93 FOOT RADIUS CURVE TO THE RIGHT;(4)ALONG SAIDCURVETOTHERIGHT(THE CENTER OF WHICH BEARS SOUTH 20°02 15"EAST)THROUGH ACENTRALANGLEOF21°19 16"AN ARC DISTANCE OF 366.51 FEET (THE CHORD OF WHICHBEARSNORTH80°37 23"EAST,364.40 FEET)TO THE NORTHERLY RIGHT-OF-WAY LINE OF NE28THSTREET(BEING 30 FEET FROM THE CENTERLINE WHEN MEASURED PERPENDICULARTHERETO);THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE SOUTH 88°42'59"EAST,988.04 FEET TO AN ANGLE POINT;THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY LINE SOUTH 88°42 47"EAST,805.02 FEET;THENCE LEAVING SAID RIGHT-OF-WAY LINEALONGTHEEASTERLYLINEOFTHAT40.15 ACRE TRACT OF LAND PER THAT RECORD OFSURVEYRECORDEDINBOOK48PAGE141,CLARK COUNTY SURVEY RECORDS THEFOLLOWINGFIVECOURSES;(1)NORTH 01°33 '10"EAST 209.27 FEET;(2)SOUTH 88°42'47"EAST208.98 ;(3)NORTH 01°33 '04"EAST 1440.92 FEET;(4)SOUTH 88°43'34"EAST 514.04 FEET;(5)NORTH 01°33 '10"EAST 655.30;THENCE NORTH 01°33 '10"EAST 300.28 FEET ALONG THE SAIDPROLONGATIONOFTHEEASTERLYLINEOFSAID32.37 ACRE TRACT TO THE POINT OF TOGETHER WITH THAT PORTION OF THE SAID T.J.FLETCHER DLC #51 LYING NORTHWEST OFNEGOODWINRDANDSOUTHWESTOFNEINGLEROAD. LEGAL DESCRIPTION GREEN MOUNTAIN -RVP5198 DEVELOPMENT AGREEMENT June 12,2009 Page 3 OF 3 EXCEPTING THEREFROM THAT 2.073 ACRE TRACT OF LAND DESCRIBED AS FOLLOWS:COMMENCING AT THE SOUTHEAST CORNER OF THE PLAT OF MOUNTAIN GLEN,BOOK J PAGE199OFCLARKCOUNTYPLATSTHENCEALONGTHESOUTHLINEOFSAIDPLATOFMOUNTAINGLENNORTH89°22'54"WEST,2186.15 FEET;THENCE SOUTH 13°50’13"WEST,492.11 FEET TOTHEPOINTOFBEGINNING;THENCE SOUTH 45°55’18"WEST,305.61 FEET;THENCE NORTH 62°38'14"WEST,145.43 FEET;THENCE NORTH 51°26'15"WEST,125.38 FEET;THENCE NORTH 45°43'20"WEST,367.97 FEET;THENCE SOUTH 44°04'39"WEST,263.49 FEET TO THE POINT OFBEGINNING; CONTAINS 362.450 ACRES,MORE OR LESS. THIS DESCRIPTION IS FOR AGREEMENT PURPOSES ONLY AND IS NOT INTENDED TO BE USEDINTHETRANSFEROFREALPROPERTY. Legal Description covers all or portions of Clark County Tax Serial Numbers:173213-000,173212-000,173193-000,173158-000,171780-000,171727-000,172341-000,171730-000171727-000,171704-000,172557-000,172553-000,172559-000,173178-000,172557-000,172555-000 AteatmH*:v m:i:-;jfcGip$:s\.T *V -.:'i;' :vJ '2 •£*m ’*(H-;1 SUE STATISTICS_'’-Vj GROSS AREA: &8smm£.-• ..v $ M•V*.36B.8 AC 198.SAC . 7.8 AC 70.8 AC 86.7AC. 1.379 DU m.NET AREA 1-'*. OFF -SITE RIGHT-OF -WAV. OPEN SPACE/CRITICAI AREAS : INFRASTRUCTURE '-': TOTAL DWELLING UNITS . DENSITY NET DENSITY GROSS DENSITY - w •V7 C, #y; 7.0 DU/NET ACRE 3.8 DU /GROSS ACRE NUU. •ir fifl •UAS.it',-f»,IS..AS -.‘l*I.V'SJV *M t Ilf'I.Wl*A \*f ••AtAt. KVfhAHr#<fA «JA »,4 ,At FI-.l-iTu.££;g s IfAfU ,v »»f »iA4 h.<A *!,rKv*a r *r.famMMl A flf;l}'»»K('U *C»MA{jf.D#I’M*X»i t'K!/u f *,uy.lLMAl. fiV-1*0 '•If tit.»4}:itiu iN,:i'fBr »tJtrtL-.AASIAI/U»M»'VtajiHS *#Uf ViJ*.AllTtO *•ID*(*-..**WAY Vf*t:C!>4 vfh ••/.“'.H \SS/Ti<(.vi*#.. ff ',*rc*>»4vC.l.R»r -‘rtCttAA***.f..‘ffU',f *«*CV»#«»C ir *.UMV ..W**:.-Af <1 IM-.A;\o •***)Or%*PIA *>f».>-«fp*iw.09- ms mkH ©jiftflfc 1.'-. .-JHMRK^5.:,::g|§|gjp PAVHWAYS/THAILSwsamBmmWETLANDS/BUFfERS/OPEN SPACE ICOMMERCIALDISTRICT : IS I OWNHOOSf RESIOFWrtAi3.000 4.350 SFM.F; .^SMEOIUM DENSITY RE^IOCNTIA-.4,800 6.000 srr^.LOW DENSITY RfSIOENTlAIa.ooo 12.000 it i :NtTISMBORHOOD PARK &SPECIAL USE.AREA tail:Lillis V W>.- .•^EHn».L 1 Getrdncf WPGEXHIBIT"B “Green Mountain Village ’iCAJ.!1,;INI'Ll:'! Master Plan CAMAS WASHINGTON *>AiK::*7 Aw.'I'M •'I'M ?.n\* I-U'•ICamas,WA.HXUIBI1-(LocalRoadwayPlan05-10-09XriOGANworeCollectorRoadwayPlan: Exhibit “A ”