Loading...
HomeMy WebLinkAbout5.849 Original Contract 5.8<{c/ /5 2007-1209120 Page 1 of 18 Agreement Clallam County Of Board Of Commissioners Clallam County Washington 09/18/2007 09:14:41 AM 1111 ~y~~ l'I~l~ Il"',~l~~ ,l~~~~,~rr'a.llilllr,~ r~c~'y 11111 RETURN ADDRESS 00t0 - Please print neatly or type Information ......~., Document Title( s) :iz~u{J' 5.e/!/,v'1 C f/ ~/o ,fJt'Yl&rrr ~1 rLf.~r](!r} r Reference Numbers(s) of related documents lot, 07. () 30 AddItional Reference ,'s on page_ Grantor(s) (last, Arst and Middle Initial) . L(j)..JJIi 14.1 C-trU'11#4 .('~ l' rtYf A-0qtltS Additional Grantors on page_ Grantee(s) (last, Arst and Middle Initial) iJal / 1~1arr ., Additional Grantees on page_ Legal Description (abbreviated ronn: lot, block. plat or section, township, range, quarter/quarter) Additional legalis on page_ Assessor's Property Tax Parcel! Account Nu'mber Additional parcel f:'s on page_ The Auditor/Record will rely on the Information provided on this ronn. The staff will not read the document to verify the accuracy or completeness or the indexing information provided herein. . Port Angeles, W A #2196-02 /OJ. 01. 030 SEWER SERVICE DEVELOPMENT AGREEMENT This Agreement, dated as of September 4, 2007, is by and among CLALLAM COUNTY, a political subdivision of the state of Washington (the "County"), THE CITY OF PORT ANGELES, a Washington municipal corporation (the "City"), and W AL- MART STORES, INC., a Delaware corporation ("Owner"). RECITALS A. Owner proposes to acquire a parcel of property on Highway 101 (the "Owner Property"), which property is legally described in Exhibit A attached hereto, for construction of a new development (the "Owner Project"). Applications for approval of the Owner Project are currently being processed by the County. Since sanitary sewer service is not currently available to the Owner Property, Owner intends to provide treatment of sewerage flows from the Owner Project through the use of an on-site treatment system. B. The Owner Property is located in the unincorporated area of the County, and in the eastern urban growth area ("EUGA") ofthe City. The County and the City have engaged in joint planning for the provision of sanitary sewer service to this portion of the City's EUGA and have identified a proposed plan to extend a sewer trunk line east bfthe City on the Highway 101 corridor to provide sanitary sewer service to this portion ofthe EUGA (the "Sewer Improvement Project"). The County and the City support the Sewer Improvement Project because it will permit the phasing-out ofthe on-site sewer treatment systems currently used in this portion of the City EUGA and provide for economic growth and improved environmental conditions in the EUGA. In order to expedite the provision of sanitary sewer service to this portion of the City EUGA, the County and the City desire to enter into this Agreement, whereby Owner would make a substantial up-front payment toward the cost ofthe Sewer Improvement Project and grant certain easement rights to the City for installation of a pump station facility necessary to the Sewer Improvement Project. In addition, the County and City would provide certain assurances regarding future sanitary sewer service and fees for the Owner Property. C. This Agreement is based upon the City's and the County's police powers, contracting power and other authority, including the development agreement statute contained in RCW 36.70B.170 - .210. D. On September 4,2007, the Board of County Commissioners of the County and the City Council of the City each conducted a public hearing regarding this Development Agreement in accordance with RCW36.70B.200. AGREEMENT Therefore, in consideration of the mutual covenants and obligations set forth herein, the parties agree: 1. Development Standards. The Development Standards (as that term is defined in RCW 36.708.170 (3)) applicable to the Owner Property and the Owner Project shall be those Development Standards set forth in the Clallam County Code as of the date the County receives a complete permit application submittal. Mitigation measures applicable to the Owner Project will be as determined in the permit review and SEP A review to be conducted by the County for the Owner Project. Notwithstanding the foregoing, the County (and the City, as applicable) reserve authority to impose new or different regulations to the extent required by a serious threat to public health and safety or if the project changes substantially. 2. Financial Contribution bv Owner. Within thirty (30) days of the Effective Date of this Agreement (as defined in Section 6 below), Owner shall pay the County the sum of FOUR HUNDRED FIFTY THOUSAND AND NollOOs DOLLARS. ($450,000.00), which sum shall be used by the County to finance a portion of the cost of the Sewer Improvement Project. 3. Sewer Pump Station. The County and City will design and construct, at the County's expense, a sewer pump station (the "Pump Station") at the location shown on Exhibit B attached hereto (the "Pump Station Site"). As of the date hereof, Owner has provided for the dedication to the City of an easement over the Pump Station Site for the purpose of constructing and operating the Pump Station. The Pump Station Site is approximately 58 feet by 72 feet in dimension, and shall be used by the County and City for construction and subsequent maintenance and operation of the Pump Station. Dedication of the Pump Station Site includes the granting of service and access easements for the Pump Station Site, as described in Exhibit C attached hereto (the "Pump Station Easements"). The Pump Station shall be constructed no later than November 30,2007, and made fully operational by the County and City no later than the earlier of (i) the date that is 60 days prior to the commercial opening of the new development the Owner intends to construct on the Owner Property, or (ii) May 31,2008. 4. Interim Sewer Service. If Owner gives the County written notice that the Owner Project will be open for business prior to the date on which sanitary sewer service for the Owner Project can be connected to the Pump Station and the Sewer Improvement Project which is to be no earlier than November 30, 2007, then the County will construct the Pump Station with a wet well of sufficient volume to accommodate the anticipated sewerage flows from the Owner Project (the "Wet Well"). Owner's notice shall specify the date (not prior to November 30, 2007) by which the County must have the construction of the Wet Well completed. In addition, during the period the Wet Well is being used by the Owner Project and until the date of connection of the Owner Project to the Sewer Improvement Project, the County shall be responsible, at its sole cost and expense, for pumping and removal of sewerage from the Owner Project from the Wet Well, and transportation of such sewerage and treatment and disposal thereof at the City's sewer treatment plant. The City warrants that, in the event the County is obligated under this Section 4 to pump and transport the Owner Project sewerage to the City's sewer treatment plant, that the City's sewer treatment plant shall accept for treatment and disposal all such sewerage from the Owner Project until the date of connection of the Owner Project to the Sewer Improvement Project at no cost to the County or Owner. In the event the County is obligated to pump and transport sewerage from the Owner Project as described in this Section 4 and fails to do so, Owner may, immediately upon notice to the County, take such actions as Owner deems necessary to pump, remove and transport the sewerage from the Owner Project, and provide for the treatment and disposal thereof at the City treatment plant, and the costs of such remedial action by Owner shall be the responsibility of the County. The County shall pay all such costs within ten (10) days of invoice by Owner. 5. On-Site Sewer Connections. Except as otherwise provided herein, Owner shall be responsible, at its sole cost and expense, for any side sewer improvements on the Owner Property necessary to connect the Owner Project to the Pump Station and the Sewer Improvement Project. 6. Effectiveness: Conditions. The parties' obligations under this Agreement (other than Owner's obligation to provide for dedication ofthe Pump Station Site and granting of the Pump Station Easements under Section 3 above) are conditioned upon satisfaction of the following condition: (i) The City and County shall approve this Agreement after fulfilling and satisfying the procedural requirements of RCW 36.70B.200 with regard to approval of this Agreement. The Effective Date of this agreement shall be the date the condition established in the preceding sentence occurs. It is expressly agreed that nothing contained in this Agreement shall be construed to contain a covenant, either express or implied, requiring either commencement of construction of the Owner Project or operation of a business (whether for a period oftime or continuously) on the Owner Property. 7. Waiver of Connection Charges. TheCounty shall waive all system development charges, connection charges and hook-up fees of any kind associated with the provision of sanitary sewer service to the Owner Property and the other parcel of property owned by Owner legally described on Exhibit D (the "Additional Owner Property") in the area to be served by the Sewer Improvement Project. In addition, in the event of annexation ofthe Owner Property and/or the Additional Owner Property into the municipal boundaries or the sewer service area of the City, or if the City otherwise provides sanitary sewer service to either property, the City shall waive all system development charges, connection charges and hook-up fees of any kind associated with providing sanitary sewer service to the Owner Property and the Additional Owner Property. 8. Exemption from Service Fee Surcharge. The City imposes a surcharge of . fifty percent (50%) ofthe monthly sanitary sewer use fee for sewer service to properties .'.'.n..n_'._'_~._... located outside the municipal boundaries of the City (the "Surcharge"). The City shall exempt the Owner Property from the Surcharge and shall not impose on the Owner Property a sanitary sewer use fee in excess of the fee imposed on commercial uses within the municipal boundaries of the City. 9. Build-out Period. If this Agreement becomes effective pursuant to Section 6 above, it shall remain in effect for period of twenty (20) years; provided that once sanitary sewer service is provided to the Owner Property, the provisions of Sections 7 and 8 shall not expire. 10. Notices. All notices required or permitted by this Agreement shall be in writing and shall be deemed given when either (i) personally delivered, or (ii) three (3) days after deposit in the United States registered or certified mail, postage prepaid and return receipt requested, or (iii) one (1) day after deposit with a nationally recognized overnight delivery service such as Federal Express or Airborne, addressed to all parties to the agreement. Notices shall be sent to the most recent address each party has given, in writing, to the other parties for purposes of notice. 11. Entire Agreement; Modifications. The terms of this Agreem€?nt constitute the entire agreement between the parties regarding the subject matter described herein. No modification to this Agreement shall be binding unless in writing and signed by all parties to this agreement. 12. Severability. If any provision of this Agreement shall be held illegal or invalid by any court, this Agreement shall be construed and enforced as if such illegal or invalid provision had not been contained herein and this Agreement shall be deemed an agreement of the parties hereto to the full extent permitted by law. If any provision shall be declared invalid or unenforceable because of its breadth, scope or duration, such provision shall be deemed modified to the extent necessary to make it valid and enforceable and shall remain in full force and effect as so modified, or if not so modified, shall be severable from the rest of this Agreement. 13. Successors. This Agreement is binding on and inures to the benefit of the parties and their successors and assigns. 14. Assignment. Except as set forth below, no party to this agreement may assign any of its rights or delegate any of its duties pursuant to this Agreement without . the prior written consent of the other party. Notwithstanding the foregoing, Owner may assign its rights and obligations under this Agreement to Wal-Mart Real Estate Business Trust or to a successor owner of the Owner Property, and following such assignment, Owner shall be relieved of any obligations hereunder. 15. Waiver. The failure of any party at any time to require performance of any provision hereof by the other parties shall not be deemed a waiver and thereafter shall not deprive that party of its full right to require such performance in the particular instance or at any other time. Any waiver must be in writing and signed by the waiving party. 16. Governing Law. This Agreement shall be governed by and construed in accordance with the internal laws of the State of Washington, without regard to its conflict of law rules. 17. Attorneys' Fees. In the event of any dispute, action or proceeding brought in connection with the enforcement of this agreement, the prevailing party shall be reimbursed by the other parties for all reasonable costs and expenses, including attorneys' fees, incurred by the prevailing parties. 18. Computation of Time. If the date for any performance under this Agreement falls on a weekend or a holiday, the time for such performance shall extend to the close of the next business day. Any specified period of five days or less shall not include weekends or holidays. 19. Time. Time is of the essence in this Agreement. 20. Counterparts: Facsimile or Electronic Transmission. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute the same agreement, whether or n<;>t all parties execute each counterpart. Signatures transmitted by facsimile or electronic mail shall have the same effect as original ink signatures. 21. Survival of Terms. The terms, covenants, representations and warranties contained in this Agreement shall not merge with the conveyance documents, but shall continue and shall survive closing. 22. No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties hereto and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. DATED as of the date first above written. CLALLAM COUNTY Attest:~~stIl r-/z;t JI/h CUe . t l bYr. ~ 0tR- pgur/.- CITY OF PORT ANGELES /J ,,--{~ . _ C11\l&y"-- C:J/ . --:J \S[jz:i1!1U Attes:~~ By Attest: ~ . Approved as to form: 71LI1U Cla11am County Prosecuting Attorney Approved as to form~ ~/', ;/ "I j 'V'..?''' / . l City Attorney City of Port Angeles B' Its: Regional Vice President Approved as to legal terms only bY~~ WA~M RTlEGALDEPt Date: ~ - :;z 4-- ,--- lJ 1 Vi STATE OF WASHINGTON) )ss. County of Clallam ) On this ~ day of ~A#bw- , 2007, before me personally ., appeared -Skf0(/in p. Yh.a..,vvv . Uv" , to me known to be the f6otV1J."(r Czrmm('7?(~ C;1a.r v, of the CLALLAM COUNTY, a political subdivision ofthe state of Washington, that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of the county, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument on behalf of said county. In witness Wh~"Qr.,},~ave hereunto set my hand and affixed my official seal the ~~~ ..in' I" day and year fi~~~~~~~~ ~~~~ ~:"(C'~ 'L)' !-~:if . OlAR ~\~ \ Tt( ty (uP..- 5. ;-k Uen :: : ~ ..: = Name: fATTetC/1"r s. t-frH-D&J ~ \. ,..,.~\C. / I~ Notary Public in and for the State '\ #4.....0'., ,..pt..~~ I of Washington, residing at ftnI-r!h1qd 0 ~"""I I'f' o;r'w~"~ \'~ My Appointment expires l..}~... J JWYlj (I ~ ~ .~ .~~~ ) 1IIIm"""", STATE OF WASHINGTON) )ss. County of Clallam ) On this ~ day of \.. )......l. P t:..R. \{"(\. lu.-r' , 2007, before me personally appeared K. Q. '('"Q......... (\. \<-..o~JL 't.-":> , to me known to be the rY\. Oo.joV , of the CITY OF PORT ANGELES, a municipal corporation of the state of Washington, that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of the city, for the uses and purposes therein mentioned, and on oath stated that t~e'y;v:cr.c authorized to execute said instrument on behalf of said city. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Pu bUe State of Washington JEANIE M. DEFRANG MY COMMISSION EXPIRES May 25. 2011 ~ ~~ '\'\\..D r<.. ~~ Name: ...:JClD...\("\\'~ """ ~S;'rO..'f\.~ Notary Public in and for the State of Washington, residing at \Jo<<.-r \\ ~\~ My Appointment expires S J Z 5/ J I STATE OF ARKANSAS ) )ss. County of Benton ) On this ~ day of August, 2007, before me, the undersigned, a Notary Public in and for the State of Arkansas, personally appeared ".3bV-.. n C \0 ( k. e.. , to me known to be the ~.ecl:crc.J LJ~L-e.. 'j:}pS,i:!eI1+ ofWAL-MART STORES, INC., the corporation that exe- cuted the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument on behalf of said corporation. In witness whereof, I have hereunto set my hand and official seal the day and year first above written. MARY WALLACE NOTARY PUBLIC-STATE OF ARKANSAS B~N!ON COUNTY My Commls~'o~ Expires 06-03-2016 CommIssIon # 12348149 1?J~ &:~ Notary Public in and for the State of Arkansas, residing at tJ;YI-J-on My Appointment expires oL -oS -Cb \ C. EXHIBIT A Legal Description Lots 1, 2, 3, 4, 5, 6, 7 and 8, K-Mart Center, according to the Plat thereof recorded in Volwne 10 of Plats, Page 100, as modified by instrument recorded April 6, 1989 under Auditor's File No. 615323, records ofClallam County, Washington. VVT 691550.5 1/2412007 ~ i :.) EXIDBIT B DESCRIPTI'ON OF PROPOSE>> EASEMENT lW:AI..;MAIt1':S~ AU;)NG~STERSROADl THAT P<;lRTION .0.1;7 LOT Si K MART CEN'IBB. ACCORDING TO mE PLAT THElUiOF RECQIW~INVo.LUME 10 OF PLATS, PAGE lOO,BEniTGAPOItTION.OFnnt $<;}P1'HEAS'T QUA:B.'lJER. {)F THE NORTHEASTQU'ARtER OF SECTIQ'N'1, TQWNSHIP 3.0NORTH, RANGE;S:WEST. W.M, CLALLAM COUNTY, w~s.m~Gl'Q;N DESClUBED AS FOlLOWS:. 'l'im NORTIt1i FEET OF 'tHE EAST 12 FEET OF SAID:LOT 5. EXCEPT THEREFROM: THE.NORTIl14 FEET OF S:AIDLOT 5. SUBJEct TO:A'LL EASnMENTs OF RECORD, 1 OF 1 VVT 691550.5 112412007 EXHIBIT C When recorded return to: City Clerk's Office City of Port Angeles . 321 E. 5th Street Port Angeles, W A 98362 Port Angeles. W A #2196-02 SEWER PUMP STATION EASEMENT THIS SEWER PUMP ST A nON UTILITY EASEMENT is entered into as of the _ day of ,2006, by and between BDG, LLC, a Washington limited liability company (hereinafter referred to as "Grantor") and the CITY OF PORT ANGELES, a municipal corporation (hereinafter referred to as "Grantee"). WITNESSETH WHEREAS, Grantor is the owner of that certain tract or parcel of land in the County of Clallam, State of Washington, identified as on Exhibit A attached hereto and made a part hereof ("Property"); and WHEREAS, Grantee has requested from Grantor and Grantor is' desirous of granting to Grantee, a utility easement for installation, maintenance and repair of a sanitary sewer pump station and related appurtenances, at, over and under certain portions of the Property as identified on Exhibit B attached hereto and made a part hereof ("Easement"); and NOW THEREFORE, in consideration of one dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby grant to Grantee an Basement for installation, operation, maintenance and repair of a sanitary sewer pump station at and related appurtenances, over and under certain portions of Property as identified on Exhibit B ("Easement Area") with the following conditions: 1. Easement. Grantor hereby grants to Grantee an Basement for the extension of utilities that may be needed for making underground utility connections for the installation, operation, maintenance and repair of a sanitary sewer pipeline. Such Easement shall be at the location indicated on Exhibit B attached hereto and made a part hereof. Grantee agrees to repair any damage caused to the Easement Area or the surrounding area that is a result of any construction, or the acts of negligence of Grantee, its customers, employees, invitees, or contractors in extending, maintaining, or repairing the utility line. In the exercise of such rights, Grantee shall not take or cause to be taken any action which would constitute a material change to the original civil engineering plan for the Property and Grantee shall use reasonable efforts to minimize to the extent reasonably practicable any damage to or interference with the use and VVT 691550.5 112412007 :) or employment at any other tract or of any business conducted thereon. Grantee shall exercise its utility extension rights in such a manner that will cause minimal disruption to the on-going business operation of Grantor. 2. Use. The Grantee, through its officers, employees and agents, shall have the right to enter upon the Easement Area in such a manner and at such times from the date hereof as may be reasonably necessary for the purpose of conducting, building, laying, patrolling, replacing. and maintaining thereon the sanitary sewer pump station and its appurtenances, including such repairs, replacements and removals as may be from time to time required. Said right shall be perpetual, but should Grantee cease to use, maintain and/or repair said Easement for a period of two years, then the applicable utility lines or appurtenances thereon installed in or upon said lands shall be removed by Grantee within a reasonable time. Any utility extension lines shall be laid so that the top thereof shall be buried not less than thirty inches below the natural surface of the ground. 3. Maintenance. (a) Grantee shall restore the surface(s) of the Easement Area to their original condition immediately following any of Grantee's permitted activities within the Easement areas, so that Grantor, its successor and assigns shall have the free and unobstructed use thereof, subject to the rights of Grantee herein provided. Grantee will make no unreasonable interference with such use of the surface of said lands by Grantor, its successor and assigns. (b) Grantee, upon the initial installation, and upon each and every occasion that the same is repaired, renewed, added or removed, shall restore the premises of the Property, and any such buildings or improvements disturbed, to a condition as they were prior to any such installation or work, including the restoration of any topsoil. 4. Indemnification and Insurance. (a) Grantor, its successors and assigns, will not be responsible for damage by others to said utility line. Grantee shall indemnify, defend and hold harmless Grantor for any damages or liability to persons or property that might arise from the use, construction, operation or maintenance of. the Easement and asspciated lines by Grantee, its agents, employees, contractors, or anyone authorized by Graniee. 5. Hazardous Waste. Grantee (hereafter the indemnifying party), its successors and assigns, shall indemnify and hold harmless from and against any and all losses, liabilities (including strict liability), damages, injuries, expenses, and costs including, without limitation, reasonable attorney's fees, of any settlement or judgment and claim of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Grantor, its successors and assigns by any person or entity or governmental agency, for, with respect to, or as a direct or indirect result of the escape, seepage, leakage, spillage, emission, discharge or. release of any Hazardous Substance (as defmed hereinbelow) resulting from the operations of the Grantee upon or under any parcel of land owned by Grantor including, without limitation, any losses, liabilities (including strict liability), damage, injuries, expenses, and costs, including, without limitation, reasonable attorney's fees, of any settlement or judgment or claims asserted or arising under, as amended, the comprehensive Environmental Responses, Compensation and Liability Act, the VVT 691550.5 1/2412007 2 j .) .1 Superfund Amendment and Reauthorization Act, the Resource Conservation Recovery Act, the Federal Water Pollution Control Act, the Federal Environmental Pesticides Act, the Clean Water Act, any so-called federal, state or local "Superfund" or "Superlien" statute, or any other statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability (including strict liability), or standards of conduct concerning any Hazardous Substance except where such damage, injuries, costs are as a result of the acts of the Grantor. 6. Duration. The agreements contained herein and the rights granted hereby shall run with the title to the Easement Area and shall bind and inure to the benefit of the parties hereto and their respective heirs, successors, sublessees and assigns; subject, however, to the provisions of Paragraph 1 above. 7. Headines. The headings of the paragraphs contained herein are intended for reference purposes only and shall not be used to interpret the agreements contained herein or the rights ranted hereby. 8. Counterparts. This agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. GRANTOR: BDG, LLC, a Washington limited liability company BY:~) ~_. /' Its: /I1.IfJ/1I6/RG /'J1eJrJb~ State of iA)MIt ,', /f1Vl County of t)\vw. ) ~ m I. The foregoing instru.m,ent was acknowledged before me this ~ day of _ 4rCrl , 206~Jby V. y'YJ I chtf.tJ DUJ1f1.( , aMaI'\.~I'j J11bJ11b.(rof BDG, ~~::.;~~::7liability company, OQn behalfOftheJjcompanY~. ~ ., ~.... Q.~ . I tJi f f~l.fnll . ~ ~,l \~Lf> } f N - P - hc VVT 6'9~.J."1~Q3.'"'' : 1'1 ...~-.-.-' 3 \\.,\,..."....,....... " GRANTEE: City of Port Angeles By: Title State of Washington County of Clallam The foregoing instrument was acknowledged before me this' _ day of , 200b, by , the of the City of Port Angeles, a municipal corporation, on behalf of the city. (Seal and Expiration Date) Notary Public VVT 691550.5 In.412001 4 EXHIBIT A THE "PROPERTY" Legal Description Lots 1, 2, 3, 4, 5, 6, 7 and 8, K-Mart Center, according to the Plat thereof recorded in Volume 10 of Plats, Page 100, as modified by instrument recorded April 6, 1989 under Auditor's File No. 615323, records ofClallam County, Washington. VVT 691550.5 1/2412007 5 J .J 'i EXHIBIT B THE "EASEMENT" DESCRIPTION OFPROpQSED EASEMENT cW:AL-MAItTSITE ALONG.MAsTERs: ROADl THAT PORTION OF LOT 5,K MART CEN'fER, ACCORDING TO THE PLAT THEREOF RECORDBI) :IN VOLUME lOOF PLATS, PAGE 100, BEING.A PORTION OF TI:ffi' SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTIQN1, TOWNSHIP ~QNORTH, RANGE.S'WEST,. WCM., CLALLAM COUNTY. WASHl~GroN DESCRIBED AS FOILOWS:. THE NORTII 72 FEET OF THE EAST 72 FEET OF SAID LOT 5. EXCEPT THEREFROM: THE NORm 14 FEET OF SAID LOT S. SUBJECT TO: ALL EASEMENTS OF RECORD. 10F1 VVT 691550.5 1/24/2007 6 .. . ..... .".- -- '<"-'--""'---'--' .., . ...., ._;. -""..-".'.'; ,",' :.......:..:... .. ~:, '.C" ..,':/ ,~._,_,....." .~..:.:......~ ,:..:. :_~,:~. :..'~"~'.;;l', EXIDBIT D "ADDITIONAL OWNER PROPERTY" ALL OF THAT CERTAIN PROPERTY COVERED BY RECORD OF SURVEY RECORDED IN VOLUME 36 OF SURVEYS, PAGE 48 RECORDED UNDER RECORDING NO. 746829, OFFICIAL RECORDS OF CLALLAM COUNTY, WASHINGTON. CLALLAM COUNTY PARCEL NUMBER 0530074100000000. I i J ! .