RES 1277RESOLUTION NO .1^.1^
A RESOLUTION approving a Development Agreement
between the City of Camas and multiple property owners
collectively known as Lacamas Northshore.
WHEREAS,Mills Family,LLC,Shane T.and Melissa A.McGuffin,Eric J.and Amber
F.Ware,Gail Gregg and Gerrick Weakley,David W .and Alexis R .Mason,Roy J .and Judy A.
Ware,Edward and Jacqueline Sue Buma,Merle E.Cisney,Trustee of the Cisney Living Trust
dated October 16,1997,Robert A.and Debra S.Cisney,Johnston Dairy,LLC,and Edward C.
Borowski are owners of certain real property located within the City of Camas (hereinafter
referred to as "Lacamas Northshore");and
WHEREAS,the City of Camas and Lacamas Northshore have negotiated a Development
Agreement;and
WHEREAS,the Development Agreement sets forth certain development standards that will
govern the development of the property;and
WHEREAS,the City Council has conducted a public hearing,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 Development 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:
Section I
That certain Development Agreement between the City of Camas and Lacamas Northshore,
relating to certain real property located with the City’s municipal boundary,is hereby approved ,and
the Mayor is authorized and instructed to sign the Development Agreement on behalf of the City.
Section II
The Development Agreement shall be recorded with the Clark County Auditor,pursuant to
the requirements of RCW 36.70(B).190.
Resolution No.l ^Page -2
ADOPTED by the Council of the City of Camas and approved by the Mayor this 16th day of
September,2013.
SIGNED :
ATTEST:
APPROVED as to form:
City Attorney
5032256 AGR£?cF7e„
_
$110 -00 Pages:39 -Clark County ,Uft JPflES HOUSLEY11/20/2013 11 :02ReturnAddress:
James D.Mowsley ,Esq.
Jordan Ramis.P.C.
1499 SB Tech Center place #380
Vancouver.WA 98663
WASHINGTON STATE COUNTY AUDITOR /RECORDER 'S
INDEXING FORM (Cover Sheet)
(RCW 65.04)
Please print or type information
Document Tit!e(s)(or transactions contained therein ):
Development Agreement Lacamas Northshore Properties
Reference Nuniber(s)of Documents assigned or released :
Additional reference >/'$on page of document .
Grailtor(s)(Last name first ,then first name and initials):
1 .Mills Family.LLC,an Oregon limited liability company
2 .McGuffin,Shane T.&Melissa A .
3 .Ware,Erie J .&Amber J7.
A .Gail Gregg and Gerrick Weakley
5 .Mason,David W.&Alexis R .
6 .Ware,Roy J .and Judy A .
7 .Duma ,Edward &Jacqueline Sue
8 .Cisney.Merle E.,Trustee of the Cisney Living Trust dated October 16.1997
9 .Cisney,Robert A .&Debra S .
10.Johnston Dairy.L .L.C..a Washington limited liability company
I i .Borowski ,Edward C.]Additional names on page of document.
Grantee (s)(Last mime 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,T2 N ,R 3E ,W .M.
Additional legal is on page Exhibit A-1 &A-2 of document.IX]
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;175747-000;175752 -000;175772-000;177884-000;177885-000;
177891-000:177903-000;177904-000:178171-000 ;178175-000 ;178180-000
Assessor 'fax if not yet assigned.
The Auditor/Recorder will rely on the information provided cm the form .The staff will not read the document,to verify the accuracy or
completeness of the indexing information provided herein.
VANDOCS:50142372.1
real properly for the duration specified in the agreement.A development
agreement will be consistent with applicable development regulations
adopted by a local government planning under chapter 36.70 A RCW ;
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 Sack 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
36.703.170 through 36.7013.210 to allow local governments and owners
and developers of real property to enter into development agreements;
WHEREAS,for the purposes of this Development Agreement ,"development
standards "includes,but is not limited to,all of the standards listed in RCW 36.70 B.170(3);
and
WHEREAS,this Development Agreement by and between the City and Laeamas
Northshore relates to the zoning and future development of the Property.
NOW,THEREFORE,THE PARTIES HERETO AGREE AS FOLLOWS:
Development Agreement.This Agreement is a development
agreement to be implemented under the authority of and in accordance with
RCW 36.70 B .170 through RCW 36.708 .210 .It will become a contract between Laeamas
Northshore and the City upon its approval by ordinance or resolution following a public
hearing as provided in RCW 36.70 B.170.
Section L
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 .
Section 2.
"Adopting Resolution "means the resolution which approves this Agreement,as
required by RCW 36.70 B .200 .
"Effective Date"means the effective date established by the Adopting Resolution.
i -
VANOOCS:50142372.1
Medium Intensity Shoreline Area..In consideration for the
creation of the Medium Intensity Shoreline Area as shown on Exhibit “B ”with the
Comprehensive Plan designation of commercial and a zoning designation of community
commercial ,the owners of said property (the Mills Family )agree to dedicate in perpetuity
to the City the two hundred foot wide strip of property from the ordinary high -water mark
of Lacamas Lake depicted in Exhibit B as Open Space and /or future Park.Dedication
under this section will occur concurrently with the recording of this Agreement.
Section 7.
Section 8.
border Lacamas Lake on the North.Lacamas Lake and the public areas surrounding it are
an important scenic area that contributes to defining the character of the City of Camas .
Lacamas Northshore recognizes and agrees that to the extent reasonable and as required by
the Camas Municipal Code,development within the Lacamas Northshore area will be
designed and implemented with the intent to preserve public views .The Camas
Comprehensive Plan states that development should maintain compatible use and design
with the surrounding built and natural environment when considering new development or
redevelopment .The Comprehensive Plan states that the City should preserve the scenic
aesthetic quality of public areas,public shoreline areas and public vistas to the extent
feasible and reasonable.As such,any development application under this agreement,will
include a mitigation plan,prepared and reviewed in accordance with CMC 16.33.which
meets the requirements of the Code.Compliance with this section will include,but not be
limited to,review of any development application for consistency with 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 .Further,any application for a Forest Resources
Permit under RCW Chapter 76.09 for any property within the Lacamas Northshore area
shall be subject to CMC 18 ,31.020 (J )and comply with all additional requirements of CMC
Chapter 18.31 .
Significant Views.The properties owned by Lacamas Northshore
Section 9.TheNewRoadArterialandLeadbetterRoadTransition.
Owners and the City further recognize that it is the intent of the City,consistent with the
Camas Parks and Recreation Plan,to create a new arterial through Lacamas Northshore to
the north and Leadbetter Road will be converted or modified to establish a recreation
corridor along the northshore of Lacamas Lake .
Historic Houses.The City recognizes the significance of the
historic house and associated buildings located on parcel 175720 -000.The owners of
parcel 177885 -000 are also pursuing a historic designation with the State of Washington
and Clark County for the house on this parcel .And while the properties will be regulated
and developed in accordance with the applicable shoreline master program ,the City will
use best efforts ,in their sole discretion ,in working with the property owners to allow
existing houses to remain in viable economic use,including but not limited to parking
areas,trails,and access for motor vehicles to a public road or roads.
Section 10.
A -
VANDOCS:50142372.1
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 mutual
agreement of the parties.
Exhibits:
Exhibit A:
Exhibit B :
Exhibit C:
Exhibit D :
Legal Description of Property
Conceptual Master Plan
Proposed Use List
Streetscape Standards
IN WITNESS WHEREOF,the parties hereto have caused this Agreement
to be executed as of the dates set forth below.
CITY OF CAMAS Parcel No.175712-000 (McGuffin)i
By:Shane T.McGuffin
Date signed.1Title
L LJJvl
Melissa A.McGuffin ,
Date signed ^1 1 Xot ^
Parcel No.175717-000 (Ware,Eric &
Amber)
Eric J.Ware
Date signed /°/z L
Amber F.Ware
Date signed „VV -Sd -'h
6 -
VANDOCS:50142372.1
Parcel No.175752-000 (Ware,Roy &
Jody )
Roy J .Ware l-
Date signed CA V »cL >3
UMf
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Judy A.ON are
Date signed ...
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Parcel No.175772 -000 (Buma)
2^4^’-v '/
Edward Buma
Date signed it?-?-/3
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Jacq ipI i np Nue B uip a
Date signer l c /H l *>f
Parcel No,178171-000 (Cisney Living
Trust )
2
By:
Merle E.Cisney.Trustee of the Cisney
Living Trust dqted October 16.1997
Date signed 3 13
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Parcel No.175713-000 (Borowski)
Edward C.Boro'
Date signed /
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State of Washington )
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I certify that I know or have satisfactory evidence that Shane T.McGufhn
and Melissa A.McGuffm 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._\V
)Dated :2013 ......5
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I certify that I know or have satisfactory evidence that '
Amber F.Ware are the person who appeared before me,and said person acknowledged
that they signed this instrument and acknowledged it to be their free and voluntary act for
the uses and purposes mentioned in the instrumento\\Dated;,2013.
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State of Washington )
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I certify that I know or have satisfactory evidence that Gail Gregg is the
person who appeared before me,and said person acknowledged that she signed this
instrument and acknowledged it to be her free and voluntary act for the uses and purposes
mentioned in the instrument.
,rr ,2013 .
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State of Washington )
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County of Clark )
I certify that I know or have satisfactory evidence that David W.Mason and
Alexis R.Mason 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
tire uses and purposes mentioned in the instill
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State of Washington )
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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.
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I certify that I know or have satisfactory evidence that Robert A.Cisney and
Debra S.Cisney 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 .
VIDated:,2013.
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Notary Public for WashingtonNOTARYPUBLIC
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STATE OF WASHINGTON :rWL A (,i/UXu,.w
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State of Washington )
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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 of
such party for the uses and purposes mentioned in the instrument.
IP-AUDXDated:,,2013.
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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 of
such party for the uses and purposes mentioned in the instrument.
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VANDOCS:50142372.1
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
The purpose of this legal description is to describe the area of land to be annexed to the City of Camas
Washington.The described lands lie within a portion of Section 27,Section 34 and Section 35,Township
2 North,Range 3 Cast ,Willamette Meridian,Clark County Washington being more particularly described
as follows:
Commencing at the Section Corner common to Sections 21,21,27 and 28,Township 2 North,Range 3
hast ,Willamette Meridian;thence along the West lino of said Section 27,South 01“.1.3'20"West
1316.48 feet to the North 4 /16 Corner on the West line of Section 27;thence departing said West line of
Section 27 running along the North 1/36 line of Section 27 ,South 896 Ob'17"East 30.00 fuel to n point
on the Cast right -of-way of Nl:232“'.Avenue,said point also being THE TRUE POINT OF BEGINNING;
thence continuing along said North 1/16 line of Section 27,South 89“06'IT Cast 2618.75 feet to the
Center North 1/16 Corner of Sec lion 27;thence along the Center line of Section 27,South 01*43'07 "
West 1325.65 feet to lhe Center K Comer of Section 27;thence along ll ie Cast*:l /.16 line of Section 21 ,
South 88 *54'28"East 2651.26 font to the East &Corner of Section 27;ihence along the East line of
Section 27,South OT 51'44"West 1876.12 feet;thence departing said bast line of Section 27 North SB'"
OB'16"West 90.00 feet to a point on the West right-of-way of Ml:252::d ,Avenue;thence along the West
right -of-way of Nl:2.52nd.Avenue,South OT 51'44"West 770.55 feel;thence departing said West right -
of-way of ME 2!>2!,[i.Avenue South 88 “55'Si"fried 9 0.00 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 v 54'4.3 "East 1326.97 feet to the West 1/16 Comer of Section 35;thence.South
01’IT 49"West 1321.47 feel to the Northwest 1/16 Corner of Section 35;thence North 88°49 '40"
West 1323.92 feet to the North 1/16 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 ,Worth 88"54 '39"West 1321.38 feet;
thence continuing along the North lino of Government Lot 6,North 88"53'47"West 880.01 feet;thence
departing the North line of Government Lot 6,South 07 *26'10"East 271.51 feet to a point on the
Northerly right-of -way of Leadbuitor Road;thence along the Northerly right -of-way of Leadbeiter Road
on the arc of a 2895.59 fool radius curve to the left,through a central angle of 2°22'54 ",(the long cord
of which bears North 4 T 37'36"West ,120.36')an arc length of 120.36 feet to a point of tangency;
thence continuing along said Northerly right-of-way.North 42 “.39'19"West 24933 fool;thence
departing said Northerly right-of -way,North 88°53 '47"93.68 feet to a point on the Northerly Shoreline
of lacamas Lake;thence along said Northerly Shoreline,Nmth 4 6 *14 '00"West 351.03 feet;Ihence
along said Northerly Shoreline,North 56”05 '39"West 700..‘55 feet;(hence along said Northerly
Shoreline,North 29 “29'12"West 61.48 feet;thence along said Northerly Shoreline,North 19*42'4T
West 515.1.0 feet;thence along said Northerly Shoreline,North 29tf 26'23"West 91.6(3 feet;thence
along said Northerly Shoreline,North -13°21'27"West 35.83 feel;thence along said Northerly
Shoreline,North 56 “32'27"West:259.52 feet;thence along said Northerly Shoreline,North 48 “33'55"
VAMDOCS .50142372.1
EXHIBIT B
CONCEPTUAL MASTER PLAN
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EXHIBIT C
PROPOSED USE LIST
VAK'DOCS:50142372.1
Feed store 6 C
Fitness center /sports club6 P
Funeral home6 X
Florist shop6 P
Food delivery business 6 P
Furniture repair;upholstery6 P
Furniture store6 P
Gas /fuel station6 P
Gas /fuel station with mini market 6 P
Grocery,large scalefc C 8
Grocery,small scale 6 P
Groce17,neighborhood scale6 P
Hospital,emergency care6 P
Hotel,motel 6 P
.6Householdappliancerepaii P
Industrial supplies store 6 C
Laundry /dry cleaning (industrial)X
Laundry /dry cleaning (retail)6 P
Laundry (self -serve )P
Liquor store6 C
Machine shop 6 C
Medical or dental clinics (outpatient )6 P
Mini -storage /vehicular storage 6 P
Manufactured home sales lot6 X
Newspaper printing plant6 X
Nursery,plant 6 C
Nursing,rest,convalescent,retirement home6 X
Office supply store6 X
Pawnshop 6 X
Parcel freight depots6 P
Pet shops6 P
Pharmacy6 P
Photographic /electronics store 6 P
Plumbing,or mechanical service6 P
Printing,binding,blue printing6 P
Professional office(s )6 P
Public agency6 P
Real estate office6 P
Packaging of prepared materials C
Scientific and precision instruments P
Auditorium 6 P
bCommunityclub P
Church 6 P
Golf course /driving range6 P
Library6 P
Museum 6 P
Recreational vehicle park6 X
Open space6 P
Park or playground P
Sports fields6 P
Trails P
College /university6 P
Elementary school6 P
Junior or senior high school 6 P
Private ,public or parochial school6 P
Trade ,technical or business college6 o
Adult family home X
Assisted living X
Bed and breakfast X
Designated manufactured home X
Duplex or two -family dwelling X
Group home X
Home occupation X
Housing for the disabled X
XApartment
Residence accessory to and connected with a business X
Single -family attached (e .g .cowhouses )X
Single -family dwelling X
Major telecommunication facility6 X
Minor telecommunication facility P
3 ,6Wirelesscommunicationsfacility
Facilities,minor public P
Facility,essential6 C
Railroad tracks and facilities6 X
Temporary sales office for a development*7
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