RES 1195RESOLUTION NO.j|<?5
A RESOLUTION approving a Development Agreement
between the City of Camas and Lacamas North Shore property
owners superseding and replacing the Pre-Annexation agreement
dated May 22,2008.
WHEREAS,various parties are owners of certain real property located within the City of
Camas (hereinafter referred to as "Lacamas North Shore Owners")and subject to a Pre-
Annexation Agreement dated May 22,2008 and recorded under Clark County Auditor's File No.
4458438;and
WHEREAS,the City of Camas and Lacamas North Shore Owners have negotiated a
Development Agreement which is intended to supersede and replace the aforementioned Pre-
Annexation 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 public hearings as required by law on the
proposed Development Agreement,at which time it considered testimony from all interested
parties;and
WHEREAS,the City Council finds that the agreement has been reviewed by the Director
of Community Development and has been found to meet all 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 Camas and Lacamas North
Shore Owners relating to certain real property located within the City's municipal 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 MAYOR this 19th day of July,2010.
SIGNED:
Mayorr\/ALATTEST;/£/
Clerk
4704846 AGRS?cFfe -*53.00 Pages:42 -Clark County ,UP MILLER NASH10/06/2010 03:19
Return Address:
James D.Howsley,Esq.
Miller Nash LLP
500 E.Broadway,Suite 400
Vancouver,WA 98660
WASHINGTON STATE COUNTY AUDITOR/RECORDER’SINDEXINGFORM(Cover Sheet)
(RCW 65.04)Please print or type information
Document Title(s)(or transactions contained therein):Development Agreement Lacamas Northshore Properties
Grantor(s)(Last name first,then first name and initials):1 .Mills Family,LLC,an Oregon limited liability company2.McGuffin,Shane T.&Melissa A.
3.Ware,Eric J.&Amber F.
4.Weakley,Eleanor M.,Trustee of the Fred H.Weakley Trust dated May 2,20025.Mason,David W.&Alexis R.
6.Ware,Roy J.and Judy A.
7.Buma,Edward &Jacqueline Sue
8.Cisney,Merle E.,Trustee of the Cisney Living Trust dated October 16,19979.Cisney,Robert A.&Debra S.
10.Johnston Dairy,L.L.C.,a Washington limited liability company11.Borowski,Edward C.
Grantee(s)(Last name first,then first name and initials):City of Camas
Additional names on page of document.
Legal Description (abbreviated:i.e.lot,block,plat or section,township,range):PTN of SEC 27,SEC 34,&SEC 35,T2N,R3E,W.M.
/\Additional legal is on page Exhibit A-l &A-2 of document.
Assessor's Property Tax Parcel/Account Number:175712-000;175713-000;175717-000;175720-000;175724-000;175725-000;175726-000;175727-000;175733-000;15735-000;175747-000;175752-000;175772-000;177884-000;177885-000;177891-000;177903-000;177904-000;178171-000;178175-000;178180-000
Assessor Tax #not yet assigned.
I am requesting an emergency nonstandard recording for an additional fee as provided in RCW 36.18.010.I understandthattherecordingprocessmawcoveruporotherwiseobscuresomepartofthetextoftheoriginaldocument.
p
Signaturepf Requesting Party
The Auditor/Recorder will rely on the infonnation provided on the form.The staff will not read the document to verify the accuracy orcompletenessoftheindexinginformationprovidedherein.
DEVELOPMENT AGREEMENT
LACAMAS NORTHSHORE PROPERTIES
This Development Agreement ("Agreement")is made and entered into by andbetweentheCITYOFCAMAS,a Washington municipal corporation (hereinafter referredtoasthe"City")and the undersigned property owners (hereinafter referred to as the"Owners"and collectively known as "Lacamas Northshore")and will be effective as of thelastsigneddatebelow.
RECITALS
WHEREAS,the Owners own or control certain real property which is locatedwithintheCity's municipal boundary and which is more fully described in the attachedExhibit"A,"commonly known as tax parcels 175712-000,175713-000,175717-000,175720-000;175724-000,175725-000,175726-000,175727-000,175733-000,175747-GOO,175752-000,175772-000,177884-000,177885-000,177891-000,177903-000,177904-000,178171-000,178175-000,and 178180-000 (hereinafter referred to as the"Property");
WHEREAS,the City wishes to provide for additional infrastructure planning andtheprocessforimplementationofpermanentzoningwithrespecttotheProperty;
WHEREAS,the City and the Owners recognize this area will develop over aperiodofyearsandwishtoprovidepredictabilityaboutthedevelopmentstandardsthatwillapplytotheareainordertoincreaseefficientuseofurbanservicesandprovidecompatibilityamongstthevariouspropertieswithinthearea;
WHEREAS,the City is a Washington municipal corporation with annexationpowers,and land use planning and permitting authority over all land within its corporatelimits;
WHEREAS,the Washington state legislature has authorized the execution ofdevelopmentagreementsbetweenlocalgovernmentandapersonhavingownershiporcontrolofrealpropertywithinitsjurisdictionpursuanttoRCW36.70B.170(1);
WHEREAS,pursuant to RCW 36.70B.170,a development agreement may setforththedevelopmentstandardsandotherprovisionsthatwillapplyto,govern and vestthedevelopment,use and mitigation of the development of real property for the durationspecifiedintheagreement,which statute provides:
(1)A local government may enter into a DevelopmentAgreementwithapersonhavingownershiporcontrol of realpropertywithinitsjurisdiction.A city may enter into adevelopmentagreementforrealpropertyoutsideitsboundariesaspartofaproposedannexationoraservice
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agreement.A development agreement must set forth the
development standards and other provisions that will 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 willbeconsistentwithapplicabledevelopmentregulations
adopted by a local government planning under chapter
36.70A RCW;
WHEREAS,the legislative findings supporting the enactment of this sectionprovides:
The legislature finds that the lack of certainty of the approvalofdevelopmentprojectscanresultinawasteofpublicandprivateresources,escalate housing costs for consumers anddiscouragethecommitmenttocomprehensiveplanningwhichwouldmakemaximumefficientuseofresourcesattheleasteconomiccosttothepublic.Assurance to adevelopmentprojectapplicantthatupongovernment
approval the project may proceed in accordance withexistingpoliciesandregulations,and subject to conditions ofapproval,all as set forth in a development agreement,willstrengthenthepublicplanningprocess,encourage privateparticipationandcomprehensiveplanning,and reduce theeconomiccostofdevelopment.Further,the lack of publicfacilitiesandservicesisaseriousimpedimenttodevelopmentofnewhousingandcommercialuses.Projectapplicantsandlocalgovernmentsmayincludeprovisionsandagreementswherebyapplicantsarereimbursedovertimeforfinancingpublicfacilities.It is the intent of thelegislaturebyRCW36.70B.170 through 36.70B.210 toallowlocalgovernmentsandownersanddevelopersof realpropertytoenterintodevelopmentagreements;
WHEREAS,for the purposes of this Development Agreement,"developmentstandards"includes,but is not limited to,all of the standards listed in RCW 36.70B.170(3);and
WHEREAS,this Development Agreement by and between the City and theOwnersrelatestothezoningandfuturedevelopmentoftheProperty.
NOW,THEREFORE,THE PARTIES HERETO AGREE AS FOLLOWS:
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Development Agreement.This Agreement is a developmentSection1.
agreement to be implemented under the authority of and in accordance withRCW36.70B.170 through RCW 36.70B.210.It will become a contract between theOwnersandtheCityuponitsapprovalbyordinanceorresolutionfollowingapublichearingasprovidedinRCW36.70B.170.
Section 2.Definitions.As used in this Agreement,the following terms,phrases,and words will have the meanings and be interpreted as set forth in this section.
"Adopting Resolution"means the resolution which approves this Agreement,asrequiredbyRCW36.70B.200.
"Effective Date"means the effective date established by the Adopting Resolution.
Term of Agreement.This Agreement will commence upon theEffectiveDate,and will continue in force for a period of ten (10)years,unless extended ortenninatedbymutualconsentoftheparties.
Section 3.
Pre-Annexation Agreement.The parties agree that the Pre-Annexation Agreement dated May 22,2008,and recorded against the Property under ClarkCountyAuditor's No.4458438 is completely superseded and replaced by this AgreementandwillnolongerapplytotheProperty.Parties agree to work toward adoption ofcomprehensiveplanamendmentsandzoningamendmentstoallowforamixofusesgenerallyconsistentwithaconceptualmasterplanidentifiedinExhibit"B"and list of usesidentifiedinExhibit"C."Parties agree that upon adoption of comprehensive planamendmentsandzoningestablishedconsistentwithExhibits"B"and "C,"no developmentapplicationshallbeacceptedandprocessedbytheCityuntilthefollowingadditionaleventsoccur:
Section 4.
Funding,preparation,and adoption of a new transportation impact feea.
study;
b.Adoption by the City of a new transportation impact fee schedule baseduponthetransportationimpactfeestudypursuanttosubsection4(a)herein;and
Adoption by the City Council of an update to its water,sewer,andtransportationcapitalfacilitiesplans,subject to the requirement that Owners shall provideanevaluationofthemixeduseandemploymentdesignationsimpactonpreviouslyadoptedwaterandsewercapitalplansthroughtheannualComprehensivePlanprocesswhenestablishingtheComprehensivePlanDesignation.If modifications to adopted sewer orwaterplansarenecessary,the City may require the applicant to pay for any requiredmodificationstotheplan(s)prior to adoption of any Comprehensive Plan amendment orzonechange.
c.
d.And no individual application for development will be accepted until such a
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time that the Owners submit the necessary and relevant study or studies of their Property orPropertiessubjecttothisAgreementdemonstratingtothereasonablesatisfactionofCitystaffthattheratiossetforthinSection5(b)below for the mixed-use zoned PropertiesunderthisAgreementcanbemetafteraccountingforwetland,habitat,shoreline,steepslopeandothercriticalareaconstraints.
Conceptual Master Plan.Attached as Exhibit "B "is aConceptualMasterPlan.The purpose of the plan is to provide the Parties withpredictabilityregardingthefuturedevelopmentofthePropertyandprovideabasis foradditionalplanningeffortsincludingcomprehensive,capital facility,and zoning.
Section 5.
Attached as Exhibit "C"is a list of mixed use and employment uses thatwillbethebasisforthedevelopmentofzoningdesignations,capital facilities planning,and code development applicable to future development of the property.The conceptualmasterplanalsoidentifiesthegeneralalignmentofthearterialplannedforthenorthannexationareainthemiddleofthePropertyandwherethealignmentisconsistentwithothermasterplansdevelopedforthisarea.
a.
And the conceptual master plan will set forth the following ratios for themixed-use portion of the Properties.A minimum of twenty-five percent (25%)of each ofthefollowinguseswillbecreated1)residential,2)office and 3)commercial.No morethanfiftypercent(50%)of 1)residential,2)office and 3)commercial will be created ontheProperty.If an Owner elects to submit an individual study under Section 4(d )abovetheywillbesubjecttotheratiosspecifiedunderthissectionfortheirProperty.If a groupofOwnerssubmitsastudydemonstratingcompliancewithsectionSection4(d)the ratioscanbeappliedoverallthePropertiessubjecttothestudy.
Section 5.1
development application submittal package streetscape standards for all streets within thePropertyaddressingstreetspecifications,tree spacing and species,sidewalk separation,trash receptacles,benches and other street amenities that will create an inviting,safepassagefornotonlyvehicularbutpedestriantraffic.The Owners streetscape standardswillbeconsistentwiththestreetscapestandardsprovidedforinExhibit"D."At the timeofapplicationfordevelopment,the Owners shall further be required to meet the CityminimumstreetstandardsinCMC17.19 and the Camas Design Standards Manual.
b.
Streetscape.The Owners agree to incorporate into its
Section 5.2 Comprehensive Plan and Capital Facilities PlanAmendment.The Owners have the option to pay for a transportation study to provideevidencetotheCitythatNEIngleRoadshouldbeclassifiedasanarterialroadway.In theeventthattheOwnerselecttopursuesaidstudy,upon Owner submittal to the City,theCitywillreviewsaidstudyand,at the City's sole discretion,determine if the roadwayclassificationforNEIngleRoadshouldberevisedtoarterialstatusintheCity'sComprehensivePlanandCapitalFacilitiesPlan.In order to be considered for anamendmenttotheComprehensivePlanandCapitalFacilitiesPlanwithinayear,the
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Owners will submit the study at least thirty (30)days prior to the pre-application deadlineforanannualreviewrequest.If a reclassification is in order the City will revise theComprehensivePlanandCapitalFacilitiesPlanduringtheannualreviewcycle.
Section 6.Stormwater.The City will use best efforts to designate LacamasLakeasalargewaterbodyunderthenewstormwatermanagementrulesandmanual.ThepurposebehindthisdesignationistoallowthatthesurroundingpropertiesandtheCitymayutilizethelargewaterbodyexemptioncontainedwithintherules.The Owners willsupporttheCityinitsefforts.
Limited Shoreline Area.The City will use best efforts,at theirSection7.
sole discretion,to create a limited shoreline area as shown on Exhibit "E"that is equivalenttoanurbanshorelinedesignationthatallowsforamixofuses.In consideration for this,the Owners agree to preserve two hundred feet of property outside of the limited shorelineareafromtheordinaryhigh-water mark of Lacamas Lake by dedicating this area to theCityforaprivateorpublicconservancy.
Section 8.Significant Views .The properties owned by the LacamasNorthshoreOwners(“Lacamas Northshore Properties or LNP”)border Lacamas Lake ontheNorth.Lacamas Lake and the public areas surrounding it are an important scenic areathatcontributestodefiningthecharacteroftheCityofCamas.Because LNP borders tinsscenicareatheOwnersofLNPrecognizeandagreethattotheextentreasonableandasrequiredbytheCamasMunicipalCodetheDevelopmentPlanwillbecompletedwiththeintenttopreservepublicviews.The Camas Comprehensive Plan states that developmentshouldmaintaincompatibleuseanddesignwiththesurroundingbuiltandnaturalenvironmentwhenconsideringnewdevelopmentorredevelopment.The ComprehensivePlanstatesthattheCityshouldpreservethescenicaestheticqualityofpublicareas,publicshorelineareasandpublicvistastotheextentfeasibleandreasonable.As such,anydevelopmentapplicationunderthisagreementwillincludeamitigationplan,prepared andreviewedinaccordancewithCMC16.33,which meets the requirements of the Code.Compliance with this section will include,but not be limited to,review of anydevelopmentapplicationforconsistencywiththepoliciesunderCMCSection16.33.010(B)and may be conditioned or denied to mitigate views impacts consistent withCMCSection16.33.010,and may utilize provisions of CMC 18.31.120.Further,anyapplicationforaForestResourcesPermitunderRCWChapter76.09 for any propertywithintheLNPshallbesubjecttoCMC18.31.020(J)and comply with all additionalrequirementsofCMCChapter18.31.
Section 9.New Road Arterial and Leadbetter Road Transition .TheOwnersandtheCityfurtherrecognizethatitistheintentoftheCity,consistent with theCamasParksandRecreationPlan,to create a new arterial through Lacamas Northshore tothenorthandLeadbetterRoadwillbeconvertedormodifiedtoestablisharecreationcorridoralongthenorthshoreofLacamasLake.
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Historic Houses.The City recognizes the significance of thehistorichouseandassociatedbuildingslocatedonparcel175720-000.The owners ofparcel177885-000 are also pursuing a historic designation with the State of WashingtonandClarkCountyforthehouseonthisparcel.And while the properties will be regulatedanddevelopedinaccordancewiththeapplicableshorelinemasterprogram,the City willusebestefforts,in their sole discretion,in working with the property owners to allowexistinghousestoremaininviableeconomicuse,including but not limited to parkingareas,trails,and access for motor vehicles to a public road or roads (see Exhibit "E").Additional appropriate uses for this limited shoreline area will be considered in thedevelopmentoffuturezoningunderSection5ofthisAgreementandthedevelopment oftheshorelinemasterprogram.
Section 10.
Section 11.Docks.Parcel Number 175720-000 is a parcel with a historic house.The City recognizes the Owners wish to reestablish a previously existing dock subject toshorelineapproval.
Farming Operations.Parcel numbers 175712-000,175717-000,175724-000,175752-000,175726-000,175727-000,175733-000,175747-000,175772-GOO,177891-000,178171-000,178175-000,and 178180-000 are recognized as being infarmingorranchingproductionandthereforeclassifiedasA/R under CMC 18.41.140.This Agreement will allow the Owners to maintain and expand farming uses on the parcelsconsistentwithCMC18.41 as stipulated at the time of execution of this Agreement .
Section 12.
Section 13.
Owners regarding the interpretation and application of this Agreement,the parties agree toattempttoresolvethedisagreementbyfirstmeetingandconferring.If such meetingprovesunsuccessfultoresolvethedispute,the disagreement may be resolved by judicialactionfiledinClarkCountySuperiorCourt.
Section 14.
performance by the other party of any of the provisions hereof will in no way affect theparties'rights hereunder to enforce the same,nor will any waiver by a party of the breachhereofbeheldtobeawaiverofanysucceedingbreachorawaiverofthisnon-waiverclause.
Remedies.Should a disagreement arise between the City and the
Performance.Failure by either party at any time to require
Venue.This Agreement will be construed in accordance with and,governed by,the laws of the State of Washington.The parties agree to venue in theSuperiorCourtforClarkCounty,State of Washington,to resolve any disputes that mayariseunderthisAgreement.
Section 15.
Section 16.Severability.If any portion of this Agreement will be invalid orunenforceabletoanyextent,the validity of the remaining provisions will not be affectedthereby.
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Section 17.Inconsistencies.If any provisions of the Camas Municipal CodearedeemedinconsistentwiththeprovisionsofthisAgreement,the provisions of thisAgreementwillprevail.
Binding on Successors and Recording.This Agreement will runwiththelandandbebindinguponandinuretothebenefitoftheOwners,the parties,andtheirrespectiveheirs,successors and assigns.This Agreement will be recorded against therealpropertyindicatedonExhibit"A"with the Clark County Auditor.
Section 18.
The Owners may sell or otherwise lawfully dispose of any portion of the Propertytoanotherpersonwho,unless otherwise released by all parties,will be subject to theapplicableprovisionsofthisAgreementrelatedtosuchportionoftheProperty.
Recitals.Each of the recitals contained herein are intended to be,and are incorporated as,covenants between the parties and will be so construed.
Section 19.
Section 20.Amendments.This Agreement may only be amended by mutualagreementoftheparties.
Exhibits:
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Legal Description of Property
Conceptual Master Plan
Proposed Use List
Streetscape Standards
Parking Areas and Trails on Parcels 175720-000 and 177885-000
IN WITNESS WHEREOF,the parties hereto have caused this Agreementtobeexecutedasofthedatessetforthbelow.
CITY OF CAMAS Parcel No.175712-000 (McGuffin )
fA
IBy:<2
Shane T.McGuffin
Date signed /r
Title C
Melissa A.McGuffin
Date signed <5*2?
J-1
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Parcel No.175717-000 (Ware,Eric &
Amber)
/
CL-'Eric J.Wafe
Date signed
Amber F.Ware
Date signed
Parcel Nos.175720-000,177884-000,
177885-000,177903-000,177904-000,
(Mills Family,LLC)
MILLS FAMILY,LLC,an Oregon limited
liability company
*•/
Byr
Michael Mills/Member
Date signed
Parcel No.175724-000 (Weakley Trust)
j'-f 7 &/b
Eleanor M.Weakley,Trustee of the
Fred H.Weakley Trust dated May 2,
2002
Date signed
•<s4T
£
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Parcel No.175725-000,(Mason )
David W.Mason
Date signed (2MO-
Alexis R.Mason
Date signed
Parcel No.175752-000 (Ware,Roy &
Judy)
uVuJL^Ware GORoyJ.
Date signed
a
1 VJudy
Date signed
are
Parcel No.175772-000 (Duma)
Edward Buma
Date signed
Buma
Date signe
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Parcel No.178171 -000/Cisney Living
Trust)nsw-ooo
L £By:
Merle E.Cisney,Trustee of the Cisney
Living Trust dated October 16,1997
Date signed *1*6 i &
9
Parcel Nos.178180-000
£\»f
Robert A.Cisney
Date signed g -M -l X>
<.S
Debra S.Cisney
Date signed
Parcel Nos.175726-000,175727-000,
175733-000,175747-000 ,177891 -000,
(Johnston Dairy,L.L.C.)
JOHNSTON DAIRY,L.L.C.,a Washington
limited liability company
)By:<—C
Leroy N.Johnston,Trustee of the
Leroy N.Johnston Revocable Trust
dated 12/30/9,7,Member
Date signed 8/¥//$
By:
Lyfm Johnsto^CMember
Date signed N 0
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By:
Rene M.Carroll.Member
Date signed S’/^oJ/Q
By:
Alison Johnston „Member
Date signed If )/f O
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Parcel No.175713-000 (Borowski)
Edward C.BoiWvski
Date signed
T
vV
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)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 the
Camas to be the free and voluntary act of such party for the uses and purposes mentioned
in the instrument .
(LuL
of the City of
Dated :,2010 .
Notary Seal
3&SKRONDAL SYVERSON
NOTARY PUBLIC
STATE OF WASHINGTON
COMMISSION EXPIRES
OCTOBER 18,2010
r-'Uv?'-''’
Notary Public for Washington
Name of Notary
My appointment expires:/#//&
13 -
VANDOCS :50142607.1
)State of Washington
)ss .
)County of Clark
I certify that I know or have satisfactory evidence that Shane T.McGuffinandMelissaA.McGuffin are the persons who appeared before me,and said personsacknowledgedthattheysignedthisinstrumentandacknowledgedittobetheirfreeandvoluntaryactfortheusesandpurposesmentionedintheinstrument.
Dated :
Notary Seal
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\sNotaryPublic for Washingtoni
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A ame of Notary
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mwwm
State of OREGON
County of Multnomah
This instrument was acknowledged before me on M
2010,by Michael Mills as Member of Mills Family,LLC.
Notary Public for the State of Oregon
OFFICIAL SEAL
JANE L RAUSCH
NOTARY PUBLIC -OREGON
COMMISSION NO.441501MYCOMMISSIONEXPIRESAUG.13,2013
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)State of Washington
)ss.
County of Clark )
I certify that I know or have satisfactory evidence that Eric J.Ware andAmberF.Ware are the persons who appeared before me,and said persons acknowledgedthattheysignedthisinstrumentandacknowledgedittobetheirfreeandvoluntaryactfortheusesandpurposesmentionedintheinstrument.
Dated :,2010.
Notary Seal
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&iff 1WAMJA^Notary Public for Washington
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«0 e-(k«o£%Name of Notary
My appointment expires:
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)State of Washington
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)County of Clark
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I certify that I know or have satisfactory evidence that^Eleanor M.Weakley
is the person who appeared before me,and said person acknowledged that she signed this
instrument,on oath stated that she was authorized to execute the instrument and
acknowledged it as the Trustee of the Fred H.Weakley Trust dated May 2,2002,to be the
free and voluntary act of such party for the uses and purposes mentioned in the instrument.
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-yDated:,2010.
AfsP-fan/77
Notary Seal
Notary fublicstateof I
LAURA 1 MARSHALL |
My Appointment Expire*Jut 1 .2012 I
Notary Public for Washington
Name of Notarywrmrm
My appointment expires :
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State of Washington )
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County of Clark )
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I certify that I know or have satisfactory evidence that|feleanor M.Weakleyisthepersonwhoappearedbeforeme,and said person acknowledged that she signed thisinstrument,on oath stated that she was authorized to execute the instrument andacknowledgeditastheTrusteeoftheFredH.Weakley Trust dated May 2,2002,to be thefreeandvoluntaryactofsuchpartyfortheusesandpurposesmentionedintheinstrument.
Dated:,2010.
Notary Seal
Notary Public for Washii{gtonNotarySubtle
Slot®WoiWflgton
:
Name of Notary
My appointment expires :
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VANDOCS:50142607.1
)State of Washington
)ss.
)County of Clark
1 certify that I know or have satisfactory evidence that David W.Mason andAlexisR.Mason are the persons who appeared before me,and said persons acknowledgedthattheysignedthisinstrumentandacknowledgedittobetheirfreeandvoluntaryactfortheusesandpurposesmentionedintheinstrument.
Dated:,2010.A
Notary Seal
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K '.a ®****®^‘Of -:-‘A£otaiy Public for Washington&
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Name of Notary
My appointment expires:
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State of Washington )
)ss.
County of Clark )
I certify that I know or have satisfactory evidence that Roy J.Ware and
Judy A.Ware are the persons who 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 in the instrument.
?-H -i 0Dated:,2010.
Notary Seal
5 s aA /1 JPJLJL'JUA
Notary Pufrlid for Washimfto’nBETHANYR.ZEPEDA
NOTARY PUBLIC
STATE OF WASHINGTON
COMMISSION EXPIRES
APRIL 14,2012
f
Name of Notar
My appointment expires:t
19 -
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)State of Washington
)ss.
County of Clark )
I certify that I know or have satisfactory evidence that Edward and
Jacqueline Sue Buma are the persons who 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 in the instrument.
i rtf?JDated:,2010 ./
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Notary Seal
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Notary Public for Wasliington0*-
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IVASH*^My appointment expires :
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)State of Washington
)ss.
)County of Clark
I certify that I know or have satisfactory evidence that Merle E.Cisney 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 the Trustee of the Cisney Living Trust dated October 16,1997,to be
the free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
Dated:,2010 .
Notary Seal
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A?*v;-Vme"7 j_.m-O ;I :s
Notary Public for Washington
V Of ,rA
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Isfamenf Notary
My appointment expires:ID VTA)8 O
21 -
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)State of Washington
)ss.
)County of Clark
I certify that I know or have satisfactory evidence that Robert A .Cisney andDebraS.Cisney are the persons who appeared before me,and said persons acknowledgedthattheysignedthisinstrumentandacknowledgedittobetheirfreeandvoluntaryactfortheusesandpurposesmentionedintheinstrument.
Dated :,2010.
Notary Seal
S.
%/I
u —^oNotaryPublic for Washington
j
Name'of Notary
My appointment expires:
22 -
VANDOCS:50142607.1
)State of Washington
)ss.
)County of Clark
I certify that I know or have satisfactory evidence that Leroy N.Johnston 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 the Trustee of the Leroy N.Johnston Revocable Trust dated 12/30/97,
member of Johnston Dairy,L.L.C.,to be the free and voluntary act of such party for the
uses and purposes mentioned in the instrument.
Dated:,2010.
Notary Seal
.1C /^I
Notary Public for Washington
St
ame of Notary
I o IT'D IT'D I 0Myappointmentexpires:%
23 -
VANDOCS:50142607.1
)State of Washington
)ss.
County of Clark )
I certify that I know or have satisfactory evidence that Lynn Johnston is the
person who appeared before me,and said person acknowledged that she signed this
instrument,on oath stated that she was authorized to execute the instrument and
acknowledged it as a member of Johnston Dairy,L.L.C.,to be the free and voluntary act ofsuchpartyfortheusesandpurposesmentionedintheinstrument.
Dated:,2010.
Notary Seal
N*.^DRA •f’
l,>-if .:Notaiy Public for Washington*«2 Xca»«o .<>.!^\%,JSLIC
\^SHW'
£/;?
•v*$/*->ame of Notaiy
My appointment expires :
24 -
VANDOCS :50142607.1
)State of Washington
)ss.
)County of Clark
I certify that I know or have satisfactory evidence that Rene M.Carroll is
the person who appeared before me,and said person acknowledged that she signed this
instrument,on oath stated that she was authorized to execute the instrument and
acknowledged it as a member of Johnston Dairy,L.L.C.,to be the free and voluntary act of
such party for the uses and purposes mentioned in the instrument.
Dated:ffe j \Q ,2010.
Notary Seal
.#"«"111,,.
g jO *-t$|g
"W0 i 5
Notary Public for Washington
SQOJTX.Cl
Name of Notary
My appointment expires:
25 -
VANDOCS:50142607.1
)State of Washington
)ss.
County of Clark )
I certify that I know or have satisfactory evidence that Alison Johnston is
the person who appeared before me,and said person acknowledged that she signed this
instrument,on oath stated that she was authorized to execute the instrument and
acknowledged it as a member of Johnston Dairy,L.L.C.,to be the free and voluntary act ofsuchpartyfortheusesandpurposesmentionedintheinstrument.
Dated:‘TS /i O ,2010.
Notary Seal
NVVS\\V\W\MS®o '
/#rwt#
Ui i
Notary Public f<5r Washington
CL
S IS
0 Soo&''Li /KL>5C Name of Notaro
My appointment expires:j2Jff ]A
26 -
VANDOCS:50142607.1
STATE OF FLORIDA
The foregoing instrument was acknowledged before me this
Edward C.Borowski .
o
NOTARY PUBLIC-STATE OF FLORIDA
A Illiana Velez
-Commission #D-D&Q62'i7VSKJ/Expires:OCT.12,2013
BONDED THRU ATLANTIC BONDING CO,INC.
Personally Known
Typeof Identificati
OR Produced Identification
roduced
27 -
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EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
The purpose of this legal description is to describe the area of land to be annexed to the Gty of Camas
Washington.The described lands lie within a portion of Section 2.7,Section 34 arid Section 35,township
2 North ,Range 3 East ,Willamette Meridian,Clark County Washington being more particularly described
as follows:
Commencing at the Section Corner common to Sections 21,22,21 and 28 ,Township 2 North,Range 3
East,Willamette Meridian;thence along the West line of said Section 27 ,South OV 13'20"West
1315.48 feet to the North 1/16 Corner on the West line of Section 27;thence departing said West line of
Section 27 running along the North 1/16 line of Section 27 ,South &W Of/17"fast 30.00 feet to.a point
on the East right -of -way of ME 232®d.Avenue,said point also being THE TRUE POINT OR BEGINNING;
thence continuing along said North 1/15 line of Section 27,South 89 °06'17"East 2618.75 feet to the
Center North 1/16 Corner of Section 27;thence along the Center fine of Section 27 ,South 01’43'07"
West 1325.65 feet to the Center %Corner of Section 27;thence along the East 1/16 line,of Section 27 ,
South 88*54'28"East 2631.26 feel to the East %Corner of Section 27 ;thence along the East line of
Section 27 ,South 01*51/44"West 1876.12 feet;thence departing said East line of Section 27 North 88*
08'16"West 40.00 feet to a point on the West right-of -way of NE 252nd.Avenue;thence along the West
right of way of WE 252 nd.Avenue,South 01/51/44"West 770.55 feet;thence departing said West right-
of-way of ME 252 nd .Avenue South 88*55'51"East 40.00 feet to the Section Corner common to Sections
26,27 ,34 and 35,Township 2 North,Range 3 East,Willamette Meridian;thence along the North line of
said Section 35,South 88*54'43"Fast 1326.97 feet to the West 1/18 Corner of Section 35;thence South
Or 1V 49"West 1321.47 feet tu the Northwest 1/16 Corner of Section 35;thence North RS*49'40"
West 1323,92 feet to the North 1/1.8 Corner on the West line of Section 35,said point also being the
Northeast Corner of Government lot 6,Section 34,Township 2 North,Range 3 East ,Willamette
Meridian;thence along the North line of said Government Lot 6 ,North 88°54 '39"West 1321.38 feet;
thence continuing along the North fine of Government Lot 6,North SB*53'47"West 880.01 reel;thence
departing the North line of Government fat 6,South 07*26'10"East 271,51 feet to a point on the
Northerly right-of -way of Lead bo tier Road ;thence along the Northerly right-of -way of Lead better Road
on die arc of a 2895,59 foot radius curve to the left,through a central angle of 2*22'54",(the long cord
of which bears Nort h 41/37'36"West ,12036'}an arc length of 120.36 feet to a point of range ncy;
thence continuing along said Northerly right-of -way,North 42’39'19"West 24933 feet;thence
departing said Northerly right-of -way,North 88°53'47*93.68 feet to a point on the Northerly Shoreline
of Lacarnas Lake;thence along said Northerly Shoreline,North 46*14'00"West 351.03 feet;thence
along said Northerly Shoreline,North 56 °05'39"West 700.55 feet;thence along said Northerly
Shoreline,North 29 "29'12"West 61.48 feet;thence along said Northerly Shoreline,North IT 42 '42"
West 515 ,10 feet;thence along said Northerly Shoreline,North 29*26'23"West 91 60 feet;ihence
along said Northerly Shoreline,North 43*2.1/27"West 35.83 feet;thence along said Northerly
Shoreline,North 56*32/27"West 259.52 feet;thence along said Northerly Shoreline,North 48*33'55"
1
VANDOCS:50142607.1
est 340.16 feet;thence along said Northerly Shoreline,North 45*16 'OS*West 1633 feel;thence
departing said Northerly Shoreline,North 29 "14'09"East 179.86 feet;thence South 54*07'51”East
145.10 feet;thence South 60*55'5V East 138.00 feet;thence South 6T 05'51"East 17:3.60 feel:
thence South 24 *2S'Slw East 283.20 feet to a point on the South line of Section 21 ,said point is
between the Southwest Corner of said Section 27 and the South K Corner of said Section 27;thence
51"East 146.20 feet;thence departing said South line
W
along said South line of Section 27,South 88
of Section 271 North OV 04'09"East 60,00 feet;thence South SH"55*51"East 50 ,00 feel;Il ienee South
»S3'
01"04'09"West 60.00 feet to a point on the South line of Section 27 ,said point is between the
Southwest Corner of said Section 27 and the South %Corner of said Section 27;thence along said South
line of Section 27 ,South 88 °55'51"East 68130 feet to the South %Corner of Seelion 27;thence along
the Center line of Section 27,North or 43/07"East 1323.55 feet to the Center South i /16 Comer of
Section 27;thence along the Center South 1/16 line of Section 27 ,North 88v 55'09 *West 2625.77 feet
to a point on the West line of Section 27 ,Township 2 North,Range 3 East,Willamette Meridian;thence
along the West line of said Section 27,North 01°13'20'East 21145 feet to a point on the Westerly
right-of-way of Leadbetter Road;thence departing the West line of said Section 27 and departing the
Westerly right-of -way cf Leadbetter Road,North 80*26'19"East 60.00 feet to a point on the Easterly
right-of-way of Leadbetter Road;thence along said Easterly right -of-way,North 09’33'41"West 10352
feet to a point,of curvature;thence along said Easter!y right-of -way on the arc of a 54.107 foot radius
curve to the right through a central angle of IQ"47'00"(the long cord of which bears North 04"10‘47"
West 101.68 feet)an arc length of 101.83 feet to a point on the East right-of-way of l eadbetter Road;
thence said fast right-of-way North OV 13'20"East 7215.05 feet to THE TRUE POINT Of BEGINNING.
CONTAINS:460.02 acres or 20,038,489 square feet more or less
The Basis of Bearing for this legal description is the line shown as South 01*13'20"West 2612.95 feet
between the Section Corner common to Section 21,22 ,21 and 28,Township 2 North,Range 3 East,Willamette Meridia n and the West %Corner of Section 27 ,Township 2 North,Range 3 East,Willamette
Meridian.
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EXHIBIT B
CONCEPTUAL MASTER PLAN
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EXHIBIT C
PROPOSED USE LIST
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EXHIBIT "C"
USE TABLE
Zoning Designation Mixed Use Employment
Animal kennel,commercial boarding C C
CAnimalshelterC
P CAntiqueshop
Appliance sales and service P PAutomatictellermachinesPPAutomobilerepair(garage)C PAutomobilesales,new or used C PAutomobileservicestationPPAutomobilewreckingXXBakery(wholesale)X PBakery(retail)P PBanks,savings and loan P PBarberandbeautyshopsPPBoatbuildingXcBoatrepairandsalesCPBookstore(non-adult)P PBowlingalley/billiards P PBuildingandhardwarePPBusstationCPCabinetandcarpentryshopPPCandyandconfectionarystorePPCartvendorsCPCemeteryXXClothingstorePPCoffeeshoporcafePPConventioncenterPPDaycarecenterCCDaycare,Adult P PDaycare,family home C XDaycare,mini-center P PDelicatessen(deli)P PDepartmentstorePPEquipmentrentalCPFeedstoreandsupplystoreXCFitnesscenter/sports club P PFuneralHomeXXFloristshopPPFooddeliverybusinessPP
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ppFurniturerepairandupholstery
PPFurniturestore
PPGas/fuel station
PGas/Fuel station with mini market P
P1 orC PGrocery,large scale
PPGrocery,small scale
P PGrocery,neighborhood scale
PHospital,emergency care C
PHotel,motel PHouseholdappliancerepairC PIndustrialsuppliesstoreCXLaundry(self serve)P XLaundry/dry cleaning (commercial)X PLaundry/dry cleaning (retail)P PLiquorstoreCCMachineshopCX
Medical or dental clinics P PMini-storage/vehicular storage C PManufacturedhomesaleslotXXNewspaperprintingplantXXNursery,plant X cNursing,rest,convalescent retirement home P XOfficesupplystorePXPawnshopXXParcelfreightdepotsPPPetshopsPPPharmacyPPPhotographic/electronics store P PPlumbing,or mechanical service C PPrinting,binding,blue printing P PProfessionalofficesPPPublicagencyPPRealestateofficePPRecyclingcenterXXRecyclingcollectionpointCCRecyclingplantXXResearchfacilityPPRestaurantPPRestaurant,fast food P PRoadsideproducestandXXSand,soil,gravel sales and storage X XSecond-hand consignment store P PSexuallyOrientedBusinessXX
1 Under 100,000 Square feet,conditional above 100,000 square feet.
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p pShoerepairandsales
PStockbroker,brokerage firm P
C PTaverns
P PTheater,except drive in
XTruckterminalsX
PVeterinaryclinic
Video rental store
P
P PWarehousing,wholesale and trade X PWarehousingbulkretailXXCotton,wool,other fibrous material X XFoodproductionortreatmentXXFoundryXXFurnituremakingXCGas,all kinds (natural,liquefied,....)X XGravelpits/rock quarries X XHazardouswastetreatment-offsite X XHazardouswastetreatment-onsite X XJunkyard/wrecking yard X XMetalfabricationandassemblyXXPaper,pulp or related products X XSignsorotheradvertisingstructuresCCElectronicequipmentXXHeavyIndustry
High-tech industry X PMusicalinstruments,toys,novelties X XOpticalgoodsCPPackagingofpreparedmaterialsXcScientificandprecisioninstrumentsCPGreentechnologymanufacture,solar,wind etc X PRecreational,religious,cultural
Auditorium P PCommunityclubPPChurchPPGolfcourse/range C PLibraryPPMuseumPPRecreationalvehicleparkXXOpenspacePPParkorplaygroundPPSportsfieldPPTrailsPPEducational
College/university P PElementaryschoolPPJuniororseniorhighschoolPP
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Trade,technical,or business college PP
Residential uses
XAdultfamilyhomeP
XAssistedlivingfacilityP
Bed and breakfast P XBoardinghousePXDesignatedmanufacturedhomeXXDuplexortwo-family dwelling P XGrouphomeXXHomeoccupationPXApartmentPXResidenceaccessorytoandconnectedwitha
business XP
Single-family attached (e.g.,rowhouses)P XCommunication,utilities,and facilities
Major telecommunications facility X XMinortelecommunicationfacilityPPWirelesscommunicationsfacility
Facilities,minor public P PFacility,essential C CRailroadtracksandfacilitiesXXTemporaryuses
Temporary sales office for a development T T
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EXHIBIT D
STREETSCAPE STANDARDS
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LacamasNorthshoreCamas,WA.iiiyILocalRoadwaySection«5*8’*>oT*|ctxwutrl«/#rmCollectorRoadwaySection*L‘,tLocalRoadwayPlan05*18-09t-j?WA y'4*/sor.CollectorRoadwayPlanHVIBAJOf
EXHIBIT E
PARKING AREAS AND TRAILS ON PARCELS 175720-000 AND 177885-000
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