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Home My WebLink About12-13-07 LU Routing _ T i70 re)f TO Ed Frank, Don Measamer (DRG), Steve Lange, Sandi Anderson, Dan Harju, Gary Robinson, Mike King FROM Planning Department/Land Use Permits RE Coho Estates PUD DATE December 13, 2007 Please find attached: O Transmittal —dated November 13, 2007 Project Narrative O Environmental Checklist O Critical Area Study CC&R's 0 List of property owners within 300' (on file) • Easement Agreement O Subdivision Guarantee O Drawing Please refer comments to the DRG. Thank you. LETTER OF TRANSMITTAL DATE: 11-13-2007 Clayton Design, Inc. 1015 14th Street Anacortes, WA 98221 ., OFFICE (360) 293-4415 ' ' FAX (360) 299-2611 TO: Kathy Janke, City of Anacortes RE: Coho Planned Unit Development COMMENTS: Thank you for your review. Please let us know if there is anything else we need to help you. SIGNED: COPIES DATE NO. DESCRIPTION 1 11-08-07 Project Narrative 1 9-28,07 SEPA Report 1 5-10-07 Critical Area Study 1 7-26-07 Covenants, Conditions, & Restrictions 1 List of Owners within 300' 1 9-29-07 Easement Agreement 1 7-09-07 Subdivision Guarantee 2 10-23-07 P-1,S-2 B-Size Coho Drawings 8 10-23-07 P-1,S-2 D-Size Coho Drawings+ APPENDIX C - PLANNED UNIT DEVELOPMENT JANUARY 2006 Public Works Department Planned Unit Development Submittal Checklist Section 16.40.060 Preliminary PUD Development Plan Chapter 16.40 Planned Unit Developments After an applicant has had a preapplication conference, a formal preliminary application for a PUD shall be submitted to the Planning Coordinating Committee and be subject to the following Committee procedure: Contents of the preliminary development plan shall include the following: Written Documents DV--A. A legal description of the total site proposed for development, including a statement of present and proposed ownership and present and proposed zoning. LB. A statement of objectives to be achieved by the PUD through the particular approach proposed by the applicant. This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant. A development schedule indicating the approximate date when construction of the PUD or stages of the PUD can be expected to begin and be completed. D. A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the PUD, such as land areas and dwelling units. T7 0.111Z L. ITS 'DLc r 135&?- 1Zrt-m 2 — E. Quantitative data for the following: total number and type of dwelling units; parcel size; proposed lot coverage of buildings and structures; approximate gross and net residential densities;total amount of open space (including a separate figure for usable open space);total amount of nonresidential construction (including a separate figure for commercial or institutional facilities); economic feasibility studies or market analysis where necessary; and other studies as required by the Planning Director. 7. F. If the proposed site is within shoreline management jurisdiction, an application for Shoreline Substantial Development Permit, and any other permits required, may be filed at this time, or may be filed at the time of the Preliminary Plat. c* G. An Environmental Checklist or Environmental Impact Statement as required by the City's SEPA Ordinance. APPENDIX C: PR-05 APPENDIX C - PLANNED UNIT DEVELOPMENT JANUARY 2006 H. Site Plan and Supporting Maps. A site plan and any maps necessary to show the major details of the proposed PUD must contain the following minimum information. --�1. The existing site conditions including contours at five foot intervals, water courses, unique natural features and forest cover. --b 2. Proposed lot lines and plot designs. --� 3. The location and size in acres or square feet of all areas to be conveyed, dedicated, or reserved as common open spaces, public parks, recreational areas, school sites / and similar public and semipublic uses. t-r,�r- �t it �rIFtE �. The existing and pr ets including off-street parking areas, ser areas, load g-seas, and major-paints of InnPss, to public rights-of-way(including major points of ingress and egress to the development). Notations of proposed ownership, public or private, should be included where appropriate. (Detailed engineering drawings of cross sections and street standards should be handled in the final development plan stage.) —�5. The existing and proposed pedestrian circulation system, including its interrelationships with the vehicular circulation system, indicating proposed treatments of points of conflict. ---IP' 6. The existing and proposed utility systems including sanitary sewers, storm sewers and water, electric, gas, and telephone lines. —�7. A general landscape plan indicating the treatment of materials used for private and common open spaces. (This landscape plan should be in general schematic form at this stage.) --� 8. Enough information on land areas adjacent to the proposed PUD to indicate the relation-ships between the proposed development and existing and proposed adjacent areas, including land uses, zoning classifications, densities, circulation systems, public facilities, and unique natural features of the landscape. 9. The proposed treatment of the perimeter of the PUD, including materials and techniques used such as screens, fences, and walls. -� 10.Any additional information, as required by the Planning Director necessary to evaluate the character and impact of the proposed PUD. --� 11. Outline provisions for maintenance of common open space and/or common property. This information must be submitted for all of the land intended to be included in the application. Where projects are developed in stages, formal application can only be considered for the stage for which the above materials have been presented. Sketch plans including the bare essentials, land uses, densities, site design, adjacent uses, circulation, should be submitted for the remaining lands to be developed in future stages of the project even though they are not under consideration for approval at this time FINAL DEVELOPMENT 'Following approval of the Preliminary PUD Development Plan, the applicant shall submit a fully detailed Preliminary Plat for review and approval as set forth in Chapter 16.12, and shall follow the standard Preliminary Plat approval process for subdivisions. Approved conditions, and modified standards specifically set forth in the Preliminary PUD Development Plan shall be incorporated into the Preliminary Plat. All other standards of zoning, subdivision, and other applicable ordinances shall be met. APPENDIX C: PR-05 APPENDIX C - PLANNED UNIT DEVELOPMENT JANUARY 2006 COMMON OPEN SPACE 1. Land area of the site not covered by buildings, parking structures, or accessory structures except recreational structures (decks may be counted as specified further in these standards). 2. Land which is accessible and available to all occupants of dwelling units for whose use the space is intended. 3. Open space does not include: a. Proposed street rights-of-way. b. Open parking areas and driveways for dwellings. c. School sites. d. Commercial areas and the buildings, accessory buildings, parking and loading facilities for these commercial areas. e. Land totally unsuitable for building because of topographic features. 4. The open space requirement shall be equivalent to that set out in Section 16.20.100(B) of this Ordinance. 16.40.103 Street Design Standards of design and construction of roadways, both public and private, within planned residential or nonresidential development districts may be increased or reduced as is deemed appropriate by the Planning Coordinating Committee based on the relationship of the PUD streets to the City's adopted traffic plan and the characteristics of the proposed development, provided these modifications are approved as part of the PUD approval process. Right-of-way width and street roadway widths should only be reduced where it is found that the plan for the PUD provides an equivalent level of pedestrian and vehicular safety and service by alternate means, such as separation of vehicular and pedestrian circulation patterns or provision of adequate off-street parking facilities. 16.40.104 PUD Perimeters There must be a minimum 30 foot buffer zone in any planned unit development of residential structures with common walls that are adjacent to a low-density residential use district. The buffer zone must be kept free of buildings or structures and must be landscaped, screened, or protected by natural features, so that adverse effects on surrounding areas are minimized. This buffer zone may be used as part of the open space acreage for the PUD development if the City Council finds that it is suitable for that purpose within the criteria established in the Open Space section. APPENDIX C: PR-05 November 8, 2007 Kathy Janke Land Use Permit Manager City of Anacortes PO Box 547 Anacortes, WA 98221 RE: Coho Project Narrative Parcel Number: 58939, 58935, 58950, and 58982. Property Owner: Sunset View Condominium Developers, LLC. Address: 1015a 14th Street, Anacortes, WA 98221 Office: (360) 293-4415 Fax: (360) 299-2611 Dear Kathy Janke, Statement of Objectives Our property starts on the northwest corner of Coho Lane and Pacific Avenue. We currently own 18 of the 20 lots on 2.13 acres to the north fronting on the Coho R.O.W. extending all the way to the Sunset Cove detention pond fronting Observation Avenue to the north (See Site map). We have owned this property for some 5 to 7 years now and wish to develop it at this time. Our P.U.D. proposal is to divide the property into five lots, four lots or .90 acres (42%) of which would be developed for individual residential homes with the larger fifth lot on t 1 S wtZ 1.23 acres (58%) left in its natural state as protection of the adjacent Wetlands. It will be given to the City by quit claim deed. It is our intention to model our land dedication to the City to mirror and supplement the property the City has received from other developments on the same wetlands. The four lots that we propose for individual residential homes will meet all the R-2 zoning requirements with the exception of the variances for smaller building and wetland setbacks. Specifically, we are requesting a variance of the front yard building setback from the normal 20' requirement down to 10'. We are also asking for the foot prints of the buildings and the associated walks and driveways to be permitted to be built with-in the new wetland setback requirements based on the Critical Area Study and Mitigation Plan completed by Wetlands Resources, May 10, 2007. These two variances would be mitigated by our dedication of the fifth lot to the city and other site sensitive construction methods. L, 6 12,U.9 #ss We will be using pervious pavements for sidewalks and driveways with in the variance areas. In addition, we are having two homes each to share driveways to minimize the impact of paving. Our roof water will be collected and cleaned thru a bio-swale so it can then be added to and support the wetlands. We are proposing two stories of living levels with parking in a basement to minimize the footprint and preserve the natural beauty and reduce the impact on the site. All trees and native growth will be left within three feet of the building footprint. With the exception of the walk to the front door and the driveway, all existing grades will remain as they are. We feel this is a"reasonable use" of the site and represents a fair trade off between safeguarding the environment and allowing reasonable development requirements. Legal Description See Exhibit A Ownership Parcel#58939, #58935, and# 58950 are owned by William M. & Deborah Bailey. They both are members of Sunset View Condominium Developers LLC. Parcel#58982 is owned by Sunset View Condominium Developers, LLC. This parcel will be developed by the Sunset View Condominium Developers, LLC. The dedication of the parcels to the Wetlands will be done by William and Deborah Bailey. — 11,, vClc 4-Lt./CS? Zoning R-2 Current zoning supports the proposed 4 individual lots. No zoning changes are proposed. We are only asking for set back variances. Access The proposed lots will be accessed by Coho Lane. All utilities will be provided as required by the city ordinances. Sanitary Sewer and Storm Sewer 51 The Proposed Development will use the City of Anacortes sewer system that wil -run -ag Coho Lane. Water We propose to tap the existing 8 inch water line on Coho Lane. 'EXMV-io L.#izzyp"18?5 r 5t Landscaping We plan to landscape three feet from the footprint of the residences, therefore our landscaping will be minimal. The remaining area, except the pervious driveways and walkways will be left in its natural state. These areas shown (S-2) will be developed for City Approval. Lot Coverage The planned lot coverage will be minimal. Lot#1 (10%), Lot#2 (12%), Lot#3 (15%), and Lot #4 (14%) average out to 12.75% coverage. Setbacks We are requesting a variance of the front yard building setback from the normal 20' requirement down to 10'. Building Height The building height will follow the City of Anacortes Building Code of 35' maximum. We trust this meets your approval. Sincerely, William L. Obrock Managing Member Sunset View Condominium Developers, LLC EASEMENT THE GRANTOR, Sunset View Condominium Developer, LLC, a Washington Limited Liability Company, for good and valuable consideration convey and quit claim to the City of Anacortes, a municipal corporation, the Grantee, a perpetual non-exclusive easement for roadway and utilities over and across that certain real property described as follows: That portion of Block 12, First Plat of Ship Harbor filed in Volume 1 of Plat at page 13, Records of Skagit County, Washington, described as follows: Commencing at the northwest corner of said Block 12; thence S 02.13'26" W along the west line of said Block 12, a distance of 107.54 feet to the point of beginning of this description, said point being a point on a curve from which the radius point bears S38°47'33"W, a distance of 47.00 feet; thence southerly along said curve through a central angle of 106.52'07"and an arc distance of 87.66 feet to a point on the west line of said Block 12 which is 75.50 feet from the point of beginning of this description;thence NO2°13'36"E, a distance of 75.50 feet to the point of beginning of this description. Situate in City of Anacortes, Skagit County, Washington. The easement provided for herein shall be non-exclusive,perpetual in nature and a covenant running with the land benefiting not only the Grantee herein but also its successors and assigns. IN WITNESS WHEREOF,the undersigned have executed this easement at Anacortes, Washington this 2F day of September, 2007. vl III Mil • STATE OF WASHINTON) _ `' �orAAr9y. 5S ;w tiR "Ua I G o COUNTY OF SKAGIT ) y�;•• 5, I certify that I know or have satisfactory evidence that 1,(Atilt(x Ok c,Qr_ is/are the person(s) who appeared before me,and said person(s) 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. Dated: c2 4-- , 200 7 Notary Public i and for the State of Washington,residing at 5cf o 0,�,� t� .,, (�,� A_..3 A-C p,_ My commission expires: 7 4 v Wet/and lesarces V. Delineation/Mitigation/Restoration/Habitat Creation/Permit Assistance 9505 19th Avenue S.E. 1 Suite 106 Everett,Washington 98208 (425)337-3174 Fax (425) 337-3045 CRITICAL AREA STUDY AND MITIGATION PLAN FOR CLAYTON DESIGN - COHO AVENUE Wetland Resources, Inc. Project#06390 Prepared By: Wetland Resources, Inc. 9505 - 19th Ave SE, Suite 106 Everett, WA 98208 (425) 337-3174 For: Clayton Designs Attn. Bill O'Brock 1015 A 14th Street Anacortes, WA 98231 May 10, 2007 TABLE OF CONTENTS PROJECT SITE DESCRIPTION 1 WETLANDS CLASSIFICATIONS- COWARDIN SYSTEM 1 WETLANDS CLASSIFICATIONS- CITY OF ANACORTES 1 WETLAND DISTRICT 2 SIGNS AND FENCING OF WETLANDS 2 WETLAND DETERMINATION REPORT 2 BOUNDARY DETERMINATION FINDINGS 4 WETLAND FUNCTIONS Et VALUES ASSESSMENT 5 WILDLIFE 8 PROPOSED DEVELOPMENT AND REASONABLE USE 8 WETLAND ENHANCEMENT, RESTORATION AND CREATION ALTERNATIVES 9 POST MITIGATION FUNCTIONS AND VALUES 9 USE OF THIS REPORT 10 REFERENCES 11 FIELD DATA SHEET 12 CRITICAL AREA STUDY Et MITIGATION PLAN MAP SHEET 1/2 CRITICAL AREA STUDY Et MITIGATION PLAN MAP SITE PLAN SHEET 2/2 PROJECT SITE DESCRIPTION Wetland Resources, Inc. completed a wetland delineation in July of 2006 on the approximate 0.7-acre site located northeast of Washington Boulevard and Pacific Avenue in the City of Anacortes, Washington. The site is located in a portion of Section 21, Township 35N, Range 01E, W.M. The subject property is proposed for development of four single-family residences.The site is generally rectangular in shape with the longer sides lying on the east and west. This site is undeveloped and comprised of a mixed coniferous/deciduous forest. Surrounding land use consists mainly of residential with undeveloped, forested land to the north. Topography is generally level and undulating with a slight depressional area in the north and east portions of the site. Vegetation is primarily comprised of native species. Typical species within the canopy includes Douglas fir, Western red cedar, grand fir, Western hemlock, red alder and Sitka spruce in the canopy. The understory is comprised of salmonberry, red huckleberry, Himalayan blackberry, vine maple, oceanspray, hardhack and Indian plum. In the herbaceous layer, Sword fern, salal, reed canarygrass, duckweed, skunk cabbage, creeping buttercup and slough sedge were present. A portion of one large, forested wetland is located on site along the eastern property boundary. Its on site portion is approximately 7,956 square feet in size. This wetland extends off-site to the north and east. This wetland was classified as a Category 11 according to the Department of Ecology (DOE) Wetland Rating Form for Western Washington. In the City of Anacortes, Category II wetlands typically receive 100-foot protective buffers from their delineated boundaries. WETLAND CLASSIFICATION - COWARDIN SYSTEM The wetland classifications for the on-site wetlands and streams, as described by the Cowardin System in Classification of Wetlands and Deepwater Habitats of the United States, 1979 edition, are as follows: Wetland: Palustrine, Forested, Needle-leaved Evergreen, Saturated. WETLAND CLASSIFICATION - CITY OF ANACORTES Under the City of Anacortes Critical Areas Regulations (CAR), Chapter 17.70, the on-site wetlands are classified as follows: Critical Area Study and Wetland Mitigation Plan 1 Wetland Resources, Inc. Clayton Design- Coho Avenue WRI#06390 May 10, 2007 Wetland Category II: The on-site wetland receives a total DOE functions score between 51 and 69, with a habitat score of less than 20. As such it meets the criteria for a Category II rating. Category II wetlands are typically designated 100- foot protective buffers under CAR. WETLAND DISTRICT In the City of Anacortes, regulated wetlands and their buffers are designated to be within the wetland district and protected under all of the terms and provisions of AMC Chapter 17.70, Article V. SIGNS AND FENCING OF WETLANDS Signs may be required to permanently mark the boundary of the Wetland District pursuant to AMC 17.70.340(G). Exact sign language and locations shall be approved by the City of Anacortes. Prior to the commencement of construction activities, the wetland and/or buffer must be permanently marked in a highly visible way, in the field to ensure that no unauthorized intrusion occurs. Prior to initial construction activities, temporary signage identifying the protected area and orange construction fencing is required to be in place. Typically signage is spaced at 50-foot intervals. The administrator may require fencing to further ensure the protection of the functions and values of the critical area. Required fencing must be designed to allow continued use by species for migration, including fish runs. Fencing shall be constructed in a manner that results in minimal impacts to the wetland and associated habitat. If the wetland or buffer area is or may be subject to grazing a fence is required. WETLAND DETERMINATION REPORT Methodology On site, routine methodology as described in the Washington State Wetlands Identification and Delineation Manual (Washington State Department of Ecology Publication #96-94, March 1997), was used for this determination, as required by the city of Anacortes. Under this method, the process for making a wetland determination is based on three sequential steps: 1.) Examination of the site for hydrophytic vegetation (species present and percentage cover). Critical Area Study and Wetland Mitigation Plan 2 Wetland Resources, Inc. Clayton Design- Coho Avenue WRI#06390 May 10, 2007 2.) If hydrophytic vegetation is found, then the presence of hydric soils is determined. 3.)The final step is determining if wetland hydrology exists in the area examined under the first two steps. The following criteria descriptions were used in the boundary determination: Vegetation Criteria The Washington State Wetlands Identification and Delineation Manual, 1997 edition, defines hydrophytic vegetation as the sum total of macrophytic plant life that occurs in areas where the frequency and duration of inundation or soil saturation produce permanently or periodically saturated soils of sufficient duration to exert a controlling influence on the plant species present. One of the most common indicators for hydrophytic vegetation is when more than 50 percent of a plant community consists of species rated "Facultative" and wetter on lists of plant species that occur in wetlands. Soils Criteria and Mapped Description The Washington State Wetlands Identification and Delineation Manual, 1997 edition, defines hydric soils as those that formed under conditions of saturation, flooding, or ponding long enough during the growing season to develop anaerobic conditions in the upper part. Field indicators are used for determining whether a given soil meets the definition and criteria for hydric soils. The soils underlying the site are mapped in the Soil Survey of County Area Washington as Clallum gravelly loam, 8 - 15%. Clallum gravelly loam, 8-15% slopes is described as moderately deep, moderately well drained soil on hills. It formed in very compact glacial till. Typically, the surface layer is covered with a mat of needles, leaves, and twigs 1 inch thick. The surface layer, where mixed to a depth of 6 inches, is dark brown gravelly loam. The upper 5 inches of the subsoil is dark brown gravelly loam and the lower 5 inches is olive brown very gravelly loam. The substratum is grayish brown gravelly loam about 11 inches thick. The depth to dense glacial till is between 18 to 36 inches. Permeability of this Clallum soil is moderate above the dense glacial till and very slow through the till. Available water capacity is low to moderate, runoff is medium and erosion moderate. Included in this unit are small areas of Bow soils on remnant glaciated terraces, Coveland soils in swales on hills and Swinomish and Catla soils on ridges and hills. Bow and Coveland soils are listed as hydric on the Washington State Hydric Soils List. Critical Area Study and Wetland Mitigation Plan 3 Wetland Resources, Inc. Clayton Design- Coho Avenue WRI#06390 May 10, 2007 Wetland Hydrology Criteria The 1997 edition of the Washington State Wetlands Identification and Delineation Manual states that the "term wetland hydrology encompasses all hydrologic characteristics of areas that are periodically inundated or have soils saturated to the surface for a sufficient duration during the growing season." It also explains that "areas with evident characteristics of wetland hydrology are those where the presence of water has an overriding influence on characteristics of vegetation and soils due to anaerobic and chemically reducing conditions, respectively." Additionally, the manual states that "areas which are seasonally inundated and/or saturated to the surface for a consecutive number of days >12.5 percent of the growing season are wetlands, provided the soil and vegetation parameters are met. Areas inundated or saturated between 5 and 12.5 percent of the growing season in most years may or may not be wetlands. Areas saturated to the surface for less than 5 percent of the growing season are non-wetlands." Field indicators were used to determine whether wetland hydrology parameters were met on the subject site. BOUNDARY DETERMINATION FINDINGS This Wetland is found along the north and eastern portions of these properties. Canopy vegetation is typically dominated by red alder (Alnus rubra, Fac), Sitka spruce (Picea sitchensis, Fac) and Western red cedar (Thuja plicata, Fac). Dominant vegetation in the understory includes salmonberry (Rubus spectabilis, Fac+) and hardhack (Spiraea douglasii, FacW). Herbaceous species present in this wetland include skunk cabbage (Lysichiton americanum, Obl), slough sedge (Carex obnupta, Obl), creeping buttercup (Ranunculus repens, FacW), reed canarygrass (Phalaris arundinacea, FacW) and common duckweed (Lemna minor, Obl). The dominance of vegetation rated "Facultative" and wetter meets the criteria for hydrophytic vegetation. The soils underlying Wetland A have a Munsell color of black (10YR 2/1) from 0 to approximately 20 inches below the surface. Soil textures observed in this wetland was muck. The soil profile was saturated at the time of inspection. The presence of low chroma, saturated, mottled soils suggests that reducing conditions are present long enough during the growing season to develop anaerobic conditions in the upper part of the soil profile. These characteristics meet the criteria for wetland soils. Based on field indicators, the areas mapped as wetland are seasonally inundated and/or saturated to the surface for a consecutive number of days greater than 12.5 Critical Area Study and Wetland Mitigation Plan 4 Wetland Resources, Inc. Clayton Design- Coho Avenue WRI#06390 May 10, 2007 percent of the growing season. These characteristics meet the criteria for wetland hydrology. Non-wetland Areas Species dominating the canopy of the non-wetland areas of the site include Douglas fir (Pseudotsuga menziesii, FacU), Western red cedar (Thuja plicata, Fac), Western hemlock (Tsuga heterophylla, FacU-), red alder (Alnus rubra, Fac) and -Grand fir (Abies grandis, FacU-). Understory vegetation includes Himalayan blackberry (Rubus discolor, FacU), red huckleberry (Vaccinium parvifolium, N.I.), vine maple (Acer circinatum, Fac-), salmonberry (Rubus spectabilis, Fac+), oceanspray (Holodiscus discolor, N.I.) and Indian plum (Oemleria cerasiformis, FacU). Herbaceous species present include primarily sword fern (Polystichum munitum, FacU) and salal (Gaultheria shallon, FacU). The dominance of species rated drier than "Facultative" does not meet the criteria for hydrophytic vegetation. The non-wetland areas of site are underlain with soils with Munsell colors of very dark grayish brown (10YR 3/2), brown (7.5YR 5/3, 7.5YR 5/4) and dark brown (7.5YR 3/2). The soil textures range from silt loam to gravelly loam. The soil profile was dry at the time of inspection. There were no field indicators that would suggest the presence of reducing conditions in the upper part of the soil profile in the areas mapped as non-wetland. These characteristics do not meet the criteria for wetland soils. Upon inspection of the site, there were no field indicators of prolonged, regular saturation to the surface for at least five percent of the growing season of years of normal precipitation. The criteria for wetland hydrology is not met in the areas mapped as non-wetland. WETLAND FUNCTIONS AND VALUES ASSESSMENT Methodology The methodology for this functions and values assessment is based on professional opinion developed through past field analyses and interpretation. This assessment pertains specifically to the on-site wetland and stream system, but is typical for assessments of similar systems common to Western Washington. Functional Components Wetlands in Western Washington perform a variety of ecosystem functions. Included among the most important functions provided by wetlands are stormwater control, water quality improvement, fish and wildlife habitat, aesthetic value, recreational opportunities and education. The most commonly assessed functions Critical Area Study and Wetland Mitigation Plan 5 Wetland Resources, Inc. Clayton Design-Coho Avenue WRI It 06390 May 10, 2007 and their descriptions are listed below. Assessments of these functions for the project site are provided in the "Analysis" section of this report. Stormwater Storage/Floodflow Attenuation Wetlands often function as natural water storage areas during periods of precipitation and flooding. By storing water that otherwise might be channeled into open flow systems, wetlands can attenuate or modify potentially damaging effects of storm events, reducing erosion and peak flows to downstream systems. Additionally, the soils underlying wetlands are often less permeable, providing long-term storage of stormwater or floodflow and controlling baseflows of downstream systems. Stormwater storage capacity and floodflow attenuation are generally a function of the size of the wetland and their topographic characteristics. Water Quality Surface water quality improvement is another evaluated function. Surface runoff during periods of precipitation increases the potential for sediments and pollutants to enter surface water. Wetlands improve water quality by acting as filters as water passes through them, trapping sediments and pollutants from surface water. Ponded areas within depressional wetlands also allow sediments to drop out of suspension, thereby increasing water quality. As development increases, the potential for polluted water to reach wetlands and streams also increases. Unnaturally high inputs of pollutants, which are often found in urbanized areas, along with the size of the wetlands and the vegetation structure within them are the main limiting factors of this function. Wildlife Habitat Wetlands have potential to provide diverse habitat for aquatic, terrestrial, and avian species for nesting, rearing, resting, cover, and foraging. Wildlife species are commonly dependent upon a variety of intermingled habitat types, including wetlands, adjacent uplands, large bodies of water, and movement corridors between them. Human intrusion, including development within and adjacent to wetlands, and impacts to movement corridors are the most limiting factors for wildlife habitat functions. Aesthetic Value A common function provided by wetlands are aesthetically pleasing views. Wetlands are often low-lying features that dramatically contrast with surrounding areas. Larger wetlands with multiple viewing locations and a mixture of different vegetation communities are generally considered most pleasing. Trash, noise, odors and surrounding development can detract from the aesthetic values provided by wetlands. Critical Area Study and Wetland Mitigation Plan 6 Wetland Resources, Inc. Clayton Design- Coho Avenue WRI#06390 May 10, 2007 Value Assessment Stormwater Storage/Floodflow Attenuation This wetland has a moderate ability to perform this function. This wetland is a large, generally shallow depression that is well forested with organic soils and appears to have a restricted outlet. The depression detains flows and at times, this storage capacity is improved due to the potential for a restricted outlet. The presence of an outlet however does limit flows at times when it is functioning. The dense vegetation and organic soils enhance this function as these features help to retain hydrology, releasing it over time. Water Quality This wetland has a high ability to perform this function. This wetland is large in size, depressional, well forested with organic soils. The vegetation and organic soils filter the hydrologic flows. The large size, depressional nature of the wetland and restricted outlet allows for greater storage time, allowing sediment and excess nutrients to settle out prior to entering streams, rivers and lakes. The presence of a variety of vegetation types and densities, including woody and emergent species, also increases the water quality benefits provided by this wetland. Wildlife Habitat This wetland contains vegetation, which provides resources such as food, water, thermal cover and hiding cover in close proximity, which wildlife species need to thrive. The wetland on the subject property allows for movement corridors, which become increasingly important as areas become developed. The site provides a good level of wildlife habitat functions for passerine birds and small and large mammals. The variety of plant species and proximity to other wetlands increases the potential for this function. Aesthetic Value The aesthetic value of the on-site wetland is high. This wetland is dominated by established native vegetation. This function becomes increasingly valuable as development in the area increases. The vegetative characteristics within the wetlands, increases the aesthetic value provided on-site. Functions and Values Conclusion Overall, this wetland is providing a high level of functions and values. The most significant functions and values provided by the on-site critical areas are water quality functions and wildlife habitat. Critical Area Study and Wetland Mitigation Plan 7 Wetland Resources, Inc. Clayton Design- Coho Avenue WRI It 06390 May 10, 2007 Proposed Impacts to Functions and Values The applicant is proposing to construct four single-family residences on nine existing, platted lots. There is no alternative location to place these residences outside of the wetland buffer. All disturbances are proposed to occur outside of the wetland boundary. The applicant has reduced potential impacts by reducing the number of residences that would be allowed per the number of existing parcels. In addition to reducing the number of residences, the applicant is- proposing to decommission several other platted lots to the north of the subject property that are within the Category II wetland. This measure also reduces future, potential impacts to this valuable wetland. WILDLIFE The following species of wildlife were observed on site during the site investigation: Steller's jay (Cyanocitta cristata), common crow (Corvus brachyrhynchos) and song sparrow (Melospiza melodia). Many more avian species are expected to inhabit the area during the breeding season. No mammals were observed during our site investigation, however, a variety of small mammals are expected to use the site. PROPOSED DEVELOPMENT AND REASONABLE USE The applicant is proposing to construct four single-family residences on nine platted lots. Due to the sensitive nature of the site, as it is comprised entirely of wetland or buffer, the applicant is proposing boundary line adjustments and development of only four residences rather than one on each of the existing platted lots. Following the boundary line adjustments, there remains no appropriate area on these lots to provide mitigation. As such, the applicant owns eleven additional platted lots to the north of the subject property that are located entirely within the Category II wetland. As an additional mitigation measure, the applicant is offering to decommission these platted lots so that no future development can occur. In total, the applicant is proposing to develop 20 platted lots to only four lots. AMC 17.70.510.A, Reasonable Use Exception states that a property owner is entitled to the minimum use of a property under applicable state and federal provisions and that it shall be liberally construed to protect the constitutional property rights of the applicant. Pursuant to AMC 17.70.510.E (1-3) the exception may be issued if the following criteria are met: 1. Strict application of this chapter would deny reasonable use of the property. Due to the location of the Category 2 wetland along the eastern portion of these platted lots and to the small size of the lots impacts to the buffer are unavoidable and mitigation is not suitable. Critical Area Study and Wetland Mitigation Plan 8 Wetland Resources, Inc. Clayton Design-Coho Avenue WRI#06390 May 10, 2007 2. There is no reasonable alternative use that would result in less impact on the critical area. The entirety of these platted lots is comprised of either wetland or buffer. The only alternative to impacts is denying any use of the site. The applicants proposal to reduce development from 9 lots to 4 lots and the decommissioning of eleven additional platted lots results in less impact to the critical area white allowing a reasonable use of the properties. 3. Any alterations permitted to the critical area shall be the minimum necessary to allow for reasonable use of the property. The applicants proposal has minimized potential future impacts to the critical area by the development of 4 lots from 20. To reduce hydrological impacts to the wetland, roof and footing drains to splash blocks should be directed to the wetland. WETLAND ENHANCEMENT, RESTORATION AND CREATION ALTERNATIVES Pursuant to AMC 17.70.480, the zoning administrator may accept or recommend alternatives to "in-kind" replication of impacted wetlands when the applicant demonstrates that creation or restoration is infeasible due to technical constraints such as parcel or wetland size. While the applicant cannot replicate impacts "in kind", steps have been taken to minimize potential future impacts and offered permanent preservation of portions of the valuable Category 2 wetland. POST MITIGATION FUNCTIONS AND VALUES No impacts to the wetland are proposed as part of this development. In order to reduce potential impacts to the wetland buffer, the applicant is proposing to construct only four residences on these nine platted lots. By adjusting the boundary lines and reducing the potential development, the applicant has reduced the potential impacts this site could incur and minimized new impervious surfaces. Additionally, the applicant owns eleven other platted lots to the north of the subject property. These parcels are located within the wetland. To help offset the impacts resulting from this development proposal, the applicant is offering to decommission these parcels from future development. This will put approximately 58,028 square feet of this Category II wetland into permanent protection in the Wetland District. While this development proposal cannot avoid buffer impacts and mitigation space is limited, the applicant recognizes the sensitive nature of the area and has Critical Area Study and Wetland Mitigation Plan 9 Wetland Resources, Inc. Clayton Design- Coho Avenue WRI#06390 May 10, 2007 reduced impacts by limiting the number of residences and rescinding future development rights on platted lots within the wetland. USE OF THIS REPORT This Critical Area Study and Wetland Mitigation Plan is supplied to Clayton Design as a means of determining on-site critical area conditions, as required by the City of Anacortes during the permitting process. This report is based largely on readily observable conditions and, to a lesser extent, on readily ascertainable conditions. No attempt has been made to determine hidden or concealed conditions. The laws applicable to critical areas are subject to varying interpretations and may be changed at any time by the courts or legislative bodies. This report is intended to provide information deemed relevant in the applicant's attempt to comply with the laws now in effect. The work for this report has conformed to the standard of care employed by wetland ecologists. No other representation or warranty is made concerning the work or this report and any implied representation or warranty is disclaimed. Wetland Resources, Inc. Louis Emenhiser Emily Hirsch Senior Wetland Ecologist Associate Wetland Ecologist Professional Wetland Scientist Critical Area Study and Wetland Mitigation Plan 10 Wetland Resources, Inc. Clayton Design-Coho Avenue WRI#06390 May 10, 2007 REFERENCES Cowardin, et al., 1979. Classification of Wetlands and Deepwater Habitats of the United States. U.S.D.I. Fish and Wildlife Service. FWS/OBS-79/31. December 1979. National List of Plant Species that Occur in Wetlands, Northwest Region. 1996: U.S. Department of the Interior, Fish and Wildlife Service. Washington, D.C. Soil Survey of Skagit County Area Washington. U.S.D.A. Soil Conservation Service. July 1983. City of Anacortes Municipal Code: Critical Area Regulations. Chapter 17.70. Anacortes, Washington. March 2006. Washington State Wetlands Identification and Delineation Manual. Washington State Department of Ecology. Publication #96-94. March 1997. Critical Area Study and Wetland Mitigation Plan 11 Wetland Resources, Inc. Clayton Design- Coho Avenue WRI#06390 May 10, 2007 Field Data Sheet Clayton Designs Coho Ave-WRI#06390 07.27.2006 Pit Depth Texture Color Moisture Species % Status Strata Si 0-18" Muck 10YR 2/1 sat Alnus rubra 45 Fac Tree Wetland Rubus spectabilis 30 Fac+ Shrub Carex obnupta 45 Obi Herb Phalaris arundinacea 30 FacW Herb Conclusion: Wetland-Parameters for hydrophytic vegetation,hydric soils,and wetland hydrology are met. S2 0-2" Silt Loam 10YR 3/2 dry Pseudotsuga menziesii 30 FacU Tree Non-Wetland 2"-18" Gravelly Loam 10YR 5/4 dry - Thuja plicata 20 Fac Tree Gaultheria shallon 45 FacU Shrub Rubus discolor 20 FacU Shrub Vaccinium parvifolium 15 FacU Shrub Conclusion:Non-Wetland-Parameters for hydrophytic vegetation,hydric soils,and wetland hydrology are not met. Wetland Resources,Inc. Critical Area Study and Wetland Mitigtion Plan WRI#06390 Clayton Design-Coho Avenue 12 May 10,2007 CRITICAL AREA STUDY AND WETLAND MITIGATION PLAN VICINITY MAP SITE PLAN CLAYTON DESIGN - COHO AVE o 4 A PORTION OF SECTION 21, TOWNSHIP 35, RANGE 01, z SrrE w SCALE 1" = 60' W.M. 3 - 1 -!SUNSETAVE 0 30 60 90 120 -- NTS _.1.._ -,, -,, .,, - .,, 1, •G �,_ . _ - ._,1,_ .,, S2 - - - - - • 1e1 • _ �_ �_ CATEGORY II N ,, . WETLAND _ __ L00f-2 --- �, -�, _,,,_ _ BUFFER IMPACTS \-2► 25,615 SF / / / -_,i,__.-----__ _,I=L--_,I., L0 3 v ,, z = g7 / _,J.,_ __.1.,_ ._,.1.,_ o 4 LEGEND LOT 4 /// _ _ �—`` WETLAND (/ _--- BUFFER / fr. i NEW LOT LINES '\ ORIGINAL PACIFIC AVE. PLATTED LOTS a-. DATA SITES S1-S2 /N CRITICAL AREA STUDY AND WETLAND Wetland ResoturCes, .. MITIGATION PLAN MAP Delineation I Miti4ation I Restoration I Habitat Creation/Permit Assistance SITE PLAN 9505 19th Avenue S.E. Suite 106 CLAYTON DESIGN- COHO AVE Everett, Washington 98208 CITY OF ANACORTES, WA Clayton Designs Sheet 2/2 Phone: (425) 337-3174 attn: Bill O'Brock WRI Job#06390 Fax: (425) 337-3045 1015 A 14th Street Drawn by: E. Hirsch Email: mailbox@wetlandresources.com Anacortes, WA 98231 Date: 05.10.2007 CRITICAL AREA STUDY AND WETLAND MITIGATION PLAN " AllIlk' CLAYTON DESIGNS - COHO WAY VICINITY MAP A PORTION OF SECTION 21, TOWNSHIP 35N, RANGE 1E, W.M. z SITE z 20 Scale 1" = 100' �--- I SUNSET AVE -+. I 0 50 100 150 200 NTS ,DECOMMISSIONED PLATTED LOTS — — LEGEND ... - -I WETLAND —BUFFER W'i /1ghdRP.SoIces /, , CRITICAL AREA STUDY AND WETLAND MITIGATION PLAN MAP Delineation/Mitigation I Restoration I Habitat Creation I Permit Assistance CLAYTON DESIGN- COHO AVE 9505 19th Avenue S.E. Suite 106 CITY OF ANACORTES, WA Everett, Washington 98208 Clayton Designs Sheet 1/2 Phone: (425) 337-3174 attn: Bill O'Brock WRI Job#06390 Fax: (425) 337-3045 1015 A 14th Street Drawn by: E. Hirsch Email: mailbox®wetlandresources.com Anacortes, WA 98231 Date: 05.10.2007 Chicago Title Company - Island Division Subdivision Guarantee Schedule A Liability: $1,000.00 Order No: ICG43211 Dated: JULY 9, 2007 Fee: $200.00 Reference: Tax: $16.00 Name of Assured: SUNSET VIEW CONDOMINIUM DEVELOPER, a Washington Limited Liability Company, WILLIAM M. BAILEY and SCOTT R. HUFFMAN and NATALIE M. HUFFMAN, husband and wife The assurances referred to on the face page are: That, according to those public records which, under the recording laws, impart constructive notice of matters relative to the following described real property: SEE EXHIBIT 'A' WHICH IS ATTACHED HERETO. Title to said real property is vested in: SUNSET VIEW CONDOMINIUM DEVELOPER, L.L.C., a Washington Limited Liability Company as to Parcel A; WILLIAM M. BAILEY, presumptively subject to the community interest of his spouse if married on December 30, 2004, as to Parcels B and C; and SCOTT R. HUFFMAN and NATALIE M. HUFFMAN, husband and wife, as to Parcel D subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in the order of their priority. Exceptions: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Unpatented mining claims; reservations or exceptions in the United States Patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 3. Title to any property beyond the lines of the real property expressly described herein, or title to streets, roads, avenues, lanes, ways or waterways on which such real property abuts, or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. Order No.: ICG43211 SCHEDULE A EXCEPTIONS Continued: 4. Reservation of easement in favor of the City of Anacortes for utilities as disclosed by vacation ordinance recorded May 23, 1991, under Auditor's File No. 9105230042, records of Skagit County, Washington. Situated in Skagit County, Washington Affects: Parcel A 5. Record of Survey recorded June 14, 1999, under Auditor's File No. 9906140133, records of Skagit County, Washington. Affects: Parcel A 6. Easement, including the terms and conditions thereof, granted by instrument(s); Recorded: February 8, 2007 Auditor's No(s).: 200702080105, records of Skagit County, Washington In favor of: Chaffey Homes Inc. For: Temporary constructing roadway and sidewalk Improvements and Constructing related cuts and slopes Affects: Parcel A 7. Easement, including the terms and conditions thereof, granted by instrument(s); Recorded: February 8, 2007 Auditor's No(s).: 200702080104, records of Skagit County, Washington In favor of: Chaffey Homes Inc. For: Storm water drainage swale and associated drainage features Affects: Parcel A 8. Agreement, including the terms and conditions thereof; entered into; By: Chaffey Homes Inc. And Between: Sunset View Condominium Developer LLC Recorded: February 8, 2007 Auditor's No. 200702080106, records of Skagit County, Washington Providing: Dedication of real property and grant of easements Affects: Parcel A 9. Public and private easements, if any, over vacated portion of said premises. 10. Survey recorded December 8, 2000, under Auditor's File No. 200012080153, records of Skagit County, Washington. Affects: A portion of Parcel B continued ORDER NO.: ICG43211 SCHEDULE B EXCEPTIONS continued: 11. Easement, including the terms and conditions thereof, granted by instrument(s); Recorded: October 17, 1985 Auditor's No(s).: 8510170076, records of Skagit County, Washington In favor of: Puget Sound Power& Light Company For: Electric transmission and/or distribution line, together with necessary appurtenances Affects: The East 7 feet of Parcel D 12. Easement, including the terms and conditions thereof, reserved by instrument(s); Recorded: August 28, 1986 Auditor's No(s).: 8608280052, records of Skagit County, Washington In favor of: Scott R. Huffman and Natalie M. Huffman, husband and wife For: Underground drainage with right of ingress and egress Affects: Parcel D 13. Deed of Trust, including the terms and conditions thereof, securing an indebtedness of $100,000.00; Dated: July 27, 2006 Recorded: July 31, 2006 Auditor's No.: 200607310146, records of Skagit County, Washington Grantor: Sunset View Condominium Developer, L.L.C. Trustee: First American Title Company Beneficiary: Roger and Leslie Jungquist, husband and wife Affects: Parcel A 14. Option to Purchase disclosed by recitals contained in instrument; Dated: January 15, 2006 Recorded: February 8, 2007 Auditor's No.: 200702080106, records of Skagit County, Washington In favor of: Chaffey Homes Inc. Affects: Parcel A 15. Terms and conditions of the Limited Liability Company under which title is vested. Affects: Parcel A 16. Liability to future assessments, if any, levied by City of Anacortes. continued ORDER NO.: ICG43211 SCHEDULE B EXCEPTIONS continued: 17. Delinquent general taxes for 2007. Amount Due: $1,434.43, plus all interest and penalties Account No.: 3816-012-016-0005 Property No.: P58982 Located in: the City of Anacortes Affects: Parcel A 18. The Skagit County Assessor's records indicate that general taxes for are exempt. Account No.: 3816-004-010-0016 Property No.: P58935 Affects: A portion of Parcel B 19. The Skagit County Assessor's records indicate that general taxes for are exempt. Account No.: 3816-004-016-0036 Property No.: P58939 Affects: A portion of Parcel B 20. General taxes for 2007 have been paid. Amount: $4.22 Account No.: 3816-005-016-0066 Property No.: P58950 Located in: the City of Anacortes Affects: Parcel C 21. General taxes for the second half of 2007, which become delinquent November 1st, if unpaid. Amount Due: $1,123.07 Total Amount: $2,246.14, billed for 2007 Account No.: 3816-005-016-0116 Property No.: P58952 Located in: the City of Anacortes Affects: Parcel D continued ORDER NO.: ICG43211 SCHEDULE B EXCEPTIONS continued: 22. According to the Skagit County Assessors Rolls the property address is: 2612 Shannon Point Road Anacortes WA 98221 23. If an abbreviated legal description is required, it can read as follows: Lots 9-16, Blk. 12, Lots 9-16, Blk. 4, Lots 13-16, Blk. 5, and Lots 5, 6, 11 and 12, Blk. 5, FIRST PLAT OF SHIP HARBOR 24. The legal description in this commitment is based on information provided with the application and the public records as defined in the policy to issue. The parties to the forthcoming transaction must notify the title insurance company prior to closing if the description does not conform to their expectations. - END OF SCHEDULE A- KDS/rrp 1 cc: Anaco Realty Attn: Bill Obrock Countersigned eic ( ! ' Authorized Signatory Order No.: ICG43211 EXHIBIT 'A' PARCEL A: A portion of Block 12, FIRST PLAT OF SHIP HARBOR ADDITION TO THE CITY OF ANACORTES, as per plat recorded in Volume 1 of Plats, page 13, records of Skagit County, Washington, described as follows: Lots 9, 10, 11, 12, 13, 14, 15, 16 and the Northerly 40 feet of D Avenue lying Southerly and adjacent to Lot 9. Situated in Skagit County;Washington PARCEL B: Lots 9 and 16, Block 4, FIRST PLAT OF SHIP HARBOR, according to the plat thereof recorded in Volume 1 of Plats, page 13, records of Skagit County, Washington; TOGETHER WITH the West one-half of alley as vacated under Ordinance No. 1989, and recorded under Auditor's File No. 8703190044, records of Skagit County, Washington. NOTE: Said instrument is a re-record of Auditor's File No. 8608270037, records of Skagit County, Washington. Situated in Skagit County, Washington. PARCEL C: Lots 9, 10, and 13 through 16, Block 5, FIRST PLAT OF SHIP HARBOR, according to the plat thereof recorded in Volume 1 of Plats, page 13, records of Skagit County, Washington; TOGETHER WITH the West one-half of alley as vacated under Ordinance No. 1989, and recorded under Auditor's File No. 8703190044, records of Skagit County, Washington. NOTE: Said instrument is a re-record of Auditor's File No. 8608270037, records of Skagit County, Washington. ALSO TOGETHER WITH all of B Avenue, abutting and lying between Blocks 4 and 5, as vacated under Ordinance No. 2003 and recorded under Auditor's File No. 8604010040, records of Skagit County, Washington, as would attach by operation of law. Situated in Skagit County, Washington. continued EXHIBIT A Order No: ICG43211 EXCEPTIONS continued: PARCEL D: Lots 5, 6, 11 and 12, Block 5, FIRST PLAT OF SHIP HARBOR, according to the plat thereof recorded in Volume 1 of Plats, page 13, records of Skagit County,Washington; TOGETHER WITH all that portion of the alley vacated under Ordinance No. 1989, as would attach by operation of law; Situate in Skagit County, Washington. - END OF EXHIBIT 'A' - ^ CHICAGO TITLE COMPANY (Member of the Fidelity National Financial,Inc.group of companies) Fidelity National Financial Group of Companies'Privacy Statement July 1,2001 We recognize and respect the privacy expectations of today's consumers and the requirements of applicable federal and state privacy laws. We believe that making you aware of how we use your non-public personal information("Personal Information"),and to whom it is disclosed,will form the basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business,we may collect Personal Information about you from the following sources: • From applications or other forms we receive from you or your authorized representative; • From your transactions with,or from the services being performed by,us,our affiliates,or others; • From our intemet web sites; • From the public records maintained by governmental entities that we either obtain directly from those entities,or from our affiliates or others;and • From consumer or other reporting agencies. Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal Information We maintain physical,electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion. We limite access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our affiliates,such as insurance companies,agents,and other real estate settlement service providers. We also may disclose your Personal Information: • to agents,brokers or representatives to provide you with services you have requested; • to third-party contractors or service providers who provide services or perform marketing or other functions on our behalf;and • to others with whom we enter into joint marketing agreements for products or services that we believe you may find of interest. In addition,we will disclose your Personal Information when you direct or give us permission,when we are required by law to do so,or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as,for example,when disclosure is needed to enforce our rights arising out of any agreement,transaction or relationship with you. One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information. Right to Access Your Personal Information and Ability To Correct Errors Or Request Changes Or Deletion Certain states afford you the right to access your Personal Information and,under certain circumstances,to find out to whom your Personal Information has been disclosed. Also,certain states afford you the right to request correction,amendment or deletion of your Personal Information. We reserve the right,where permitted by law,to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests must be made in writing to the following address: Privacy Compliance Officer Fidelity National Financial,Inc. 4050 Calle Real,Suite 220 Santa Barbara,CA 93110 Multiple Products or Services If we provide you with more than one financial product or service,you may receive more than one privacy notice from us. We apologize for any inconvenience this may cuase you. P 1 1 7 8 5 9 -� P117860 P117861 P117862 C P117863 1 / P1178E5 --_�/ P117864 t77871 ,PPt7866 117872 P117867 117873 P117868 r 117874 P117869 ��( 117875 P117870 17876- VA ON "A"' STREET *OPENED) 6 1 16 P58939 ITR D 5 1 ?6 I c B 1 n 16 1 16 7 _15 h P`-gg& n 15 P5893'1L 2 15 2 15 2 5 ! 2 - 714 -'04' ; ,T8_C_8: EY �3 14 _ 3 14--_ r _ _ , �_-_ 4 - 4 3 _13 o 1d 2;j`1 5 13 4 13 ,,� -2 �� 4- 13 �63' 7 4 i 12 �, 12 P589 A 511 -12 _ Q 5 12 ct S - �� - 11 1 la- I P589236 1 O1 6 11 _ _ 6 3 11. c _10 -55 I , ��$-59`> 10 2 1 7 • -10 - - 7 1 d 7 e__ k) w . - S89 - I' ——— - 5 9e 11TR >:; 9P 8I 9 - 8 9 8 s 6 g5� Jl__ _____ T__ B" STREET (UNOPENED) X NO LEGAL FOUND SURVEY 900 0 F97Q2a, 7 16 � r a 4°' 1 , PS�g 1 ivG Pt16657-, : / 1 { IRS _�f i AT i6 1 ; - = 15 2 15P116656 : 2 ; �1_ 2; 8 _ ; ; - -c- , : ' � a Lei Q ( - �+— 13 �' $q43 14 t L Ii D }-,1FIR n, ;�13 A 4J�-1 _ �_- =_3 i3 4 13 t3 Q 4 13 4 - NO _-GAL FOUND 12 (11 12 �� I 511 12 13 SS• 1 5 12 5 C; ( 11 / 6 ^11Q 0 6I 11Q 6 p 11 61_ )ri ! 1 BP� I 7 10 - , Q 7I 10 �o0 7 z 10 71__ ``� O -^ g IL 61,548_ Z 9 J ; 8 I 9 P`u� 8 a 9 8 PA HARRISON STREET (UNOPENED) 2 G _W HARRISON S . Q P116655 D X NO LEGAL FC_'- 1 3 w (UNOPENED) P113986 1 � P118098 •RISON ST. W 0 ,74 _16 V22 P 1-1 16 g�1 1 1 �i ways, F- - - a zoosam To,2 F!4 ' 1 1 c 16'- Q5g'---I '-5ah, 1. tg - gAo0 -� 15 - 2J 15 �P 4 1 215 Q 5 W - IRACI _e�- !/4 � ,1aVV" 3 I 14 � TRACT < 1 9 V]t P96 ( -.,\ 3 a >4 3 6 1- 13 �� -14 4 •• 1358g - ; S RA4;ne8 _13 9 00 °j__ 4 N 13 4 F- - -� 12 @ 5 12 11 °a�g s _12 PS-g , `Q 5 12 - 5_•- 7 r 11 _ 6^ i1 agsy P\Z — 611 u _1-- _ 6 11 -3409> =`' 6 ._ —-,(�'L_-— -?5---'I —--7:- SURVEY (7 r - - - - --� 10 gg 7 1 D _ P5 � _1O Af 20040t2 0)28 7 10 •Q 7 . 8 _9 _ 8_ y9 I AF 200,06020G66 9 P58974J 8 , 9 — 8 < "D" STREE- • �F VENUE suRVEv . 200208060162 k� (UNOPENED P^ �' mph a 16 9513963 1 16 v209Pi961000, 8g 1 16 go0Ii A h 1\.�`v',Q )16 KR`c000m2oao: 1 qO Q� co 15 2 15 P589 -P� 2 15-9 h� 2 cc 5 P125308 _ 2_ —1 — — — Z '— --Q—suRVE--— c ND Q 14 g89� - 3_ 14 g95 --�a�9o3_ E 11:._ 1_S/ P589G AF 2002108 7 114�RcY - 45gC 3 1 - 13 L3 ag84 4_ _i3 Ph$ L4 P 4 _132Us79.i' ,1948'L4 1:i'12 6 4 O 12 ��' S 12 _ 1 5J 12 v2 -P C 5��12 _ \ 5 o e o 0 P58987 SJRVLY F58998- U P59005 ---co, o3 Q .o co 11AF200505060002_ 6_ rio 11 g� — � 6 11 yR25doo,z000ss _ 6 11 ^r Q : _� 0 9 P��g6 — P5S9aB J 9 Pc�6g —P5i_ 8� 9 PS�g7 10 �� Q�$gg- 8 g 9 C 8 ' - This sketch Is furnished for information purposes anly to assist in property location with reference to streets and other parcels.it is not guaranteed as to accuracy and the company assumes no liability for any oss oc cu ing by reason of reliance thereon. 07/27/2007 15:07 FAX 360 424 0747 CHICAGO TITLE COMPANY My II007 Order No.: IC043211 EXHIBIT'A' PARCEL A: A portion of Block 12, FIRST PLAT OF SHIP HARBOR ADDITION TO THE CITY OF ANACORTES, as per plat recorded in Volume 1 of Plats, page 13, records of Skagit County, Washington, described as follows: Lots 9, 10, 11, 12, 13, 14, 15, 16 and the Northerly 40 feet of D Avenue lying Southerly and adjacent to Lot 9. Situated in Skagit County, Washington PARCEL B: Lots 9 and 16, Block 4, FIRST PLAT OF SHIP HARBOR, according to the plat thereof recorded In Volume 1 of Plats, page 13, records of Skagit County,Washington; TOGETHER WITH the West one-half of alley as vacated under Ordinance No. 1989, and recorded under Auditor's File No.8703190044,records of Skagit County,Washington. NOTE: Said instrument is a re-record of Auditor's File No. 8808270037, records of Skagit County,Washington. Situated in Skagit County,Washington. PARCEL C: Lots 9. 10, and 13 through 16, Block 5, FIRST PLAT OF SHIP HARBOR, according to the plat thereof recorded in Volume 1 of Plats, page 13,records of Skagit County,Washington; TOGETHER WITH the West one-half of alley as vacated under Ordinance No. 1989, and recorded under Auditor's File No.8703190044,records of Skagit County,Washington. NOTE: Said instrument is a re-record of Auditor's File No. 8608270037. records of Skagit County,Washington. ALSO TOGETHER WITH all of B Avenue, abutting and lying between Blocks 4 and 5, as vacated under Ordinance No. 2003 and recorded under Auditor's File No. 8604010040, records of Skagit County,Washington,as would attach by operation of law. Situated in Skagit County,Washington. continued..... 07/27/2007 15:08 FAX 360 424 0747 CHICAGO TITLE COMPANY MV II 008 EXHIBIT A Order No: ICG43211 EXCEPTIONS continued: PARCEL D: Lots 5, 6, 11 and 12, Block 5, FIRST PLAT OF SHIP HARBOR, according to the plat thereof recorded in Volume 1 of Plats, page 13,records of Skagit County,Washington; TOGETHER WITH all that portion of the alley vacated under Ordinance No. 1989,as would attach by operation of law; Situate in Skagit County,Washington_ -END OF EXHIBIT 'A' , . . . . •--•.= • ...... t . • \ • 1 3KistERITR4ti,t;URF:il...'..::1 - ik ----74., ,. . • ,..........e.f + , . 4 .• ......_......./.......,---•,......r." . • • . "_, _.." ,./...'• •• ••, .• ••=••••••••••• • 'Z.[ ' ' ..." ,--'.--- • . ••....1...; et' A 1 swrip, . s.1 ,.' ..' . 85 (ET 17 ...- .. ..___.:24 • PUGET ,' EASEMENT FOR UNDERGROUND ELECTRIC SYSTEM P4:2.3 ,•••••-', -, - 0011VER " - oECOROLL i ), .,....., •----r S.C.L.. i 8510110076 REOUEST OF —- , ______. - - . WILCO HAWAII,r..ING/, A HAWAIAN CORPORATION • : „. . .., ._.• ("Grantor"herein),grants.,crinveys and warrants to PUGET SOUND POWER&LIGHT COMPANY.a Washington ror- mintiest("Grantee"herelnI,for the purposes hereinafter set forth a perpetual easement under,across and over the fol- hoeing Ikscriluul real properly(the l',Primerty"herein) Skagit County.Washington. . • Lots 1 to 8 inclusive, Bitick..5; in "FIRST PLAT OF SHIP HARBOR", according to the plat recorded in Volume 1 of„11.at s, page 13, Records of Skagit County, Washington. , . , ., . ••••• • ...- .. Being a portion of the Southeastquarter of Section 21, Township 35 North, Range • 1 East, W.M. -,' • . . . , • - • . . . ..,... . „ ' • '..•'•'.".,' . ' . Except as may be otherwise set forth herein Grantee's rights shall be exercised upon that portion of the Properly(the"Right- of Way"herein)described as follows: , ,- , ,..•., • ' ', , , .,, . A Right of Way f....t;,...Idthl...,;et, , , .. l,out of wt],. scull,us th11.11 Ail:Uf al comer. 1,nn.•1--ra,N1 is follo.--: , • Being located as constructed or to be constructed'orithe".East 7 feet of the above - • • ••. . ...•' • described property. . . . • • . •• • '' • . .. . ..• .., ' :• . . . . . . . , fll • .._ - •.::".. .;•:- 1 . VV;: . VVV ! V , • . , . . • 1.Purpose.Grantee shall have the right to construct,operate,maintain,repair,replace and enlarge ekunderground electric -.' •''''.•::••-5 i t transmission and/or distribution system upon and under the Right.or-Way together with all necessary or eonvpment ap- - ..•: .1 ..,,:...' , following:c••• purtenances therefor,which may include but are not limited to the underground conduits,cablOcern unication • -..' '• . . • 4.....,: .,.. ,, lines:vaults,manholes.switches,and transformers:and semi-buried or ground mounted facilities.Follaviarfhe . initial con- • , '• struction of its facilities.Grantee may from time to time construct such additional facilities PS it may require.'..,' V •1:e s..- ' .r.' '' , •. „ a Access.Grantee shall have the right of access to the Right-of-Way over and across the Property to enable Grantee:Mew • , • '''% - ' •; „.' cise its rights hereunder,provided,that Grantee shall compensate Grantor for any damage to the Properly caused bY the user- 74. i i•-: • • • „. ••• : .:. 0 'cise.of said right of access. V ' ..' - lit k •.- • • , , •—• . ,, • - ••-.' '' - 'Obstructions;Landscaping.Grantee may from time to time remove trees.bushes,or other obstructions within the Right,'" • V I / •• .-• - '• ''' :.-.•',.--".....„.-". • of-Way and may level and grade the Right-of-Way to the extent reasonably necessary to carry out the purposes set forth In,', . ,- ... ...., , . . P paragraph a hereof,provided,that following any such work.Grantee shall,to the extent reasonably practicable,restore the .. . • - - • • • . ..• , . •• :i, -.7 - 8 Right-Of-Way to the condition it was immediately prior to such work.Following the installation of Grantee's underground:. , . ..., . ..,..... facilitici.Grantor may undertake any ordinary improvements to the landscaping of the Right-of-Way,provided that no trees orr,, . . , ,4, • ., . . .. .. - .- -. •' other plants shall he placed thereon which would be unreasonably expensive or impractical for Grantee to remove and ...:-...,-;•:•••::.-:., restore :• e?".••:..!:,."•:,:) `'• 4.Graptor's Use of Right-of-Way.Grantor reserves the right to use the Right-of-Way for any purpose not inconsistent with •I • •••..-•-•-••.„..„.--...•:,•.-1, E- the rights heroin granted,provitled:that Grantor shall not construct or maintain any building or other structure on the Right- •, : ••••••7:4'ri''''' I: be of-Way whieh•WOuld interfere with the exercise of the rights herein granted;that no digging,tunneling or other form of con- '' :.-''',:::., ..".•-;Yr..,, .''•••':.:-;:-.:•:;'1•1 EU, sir coon activity shall he'done on the Property which would disturb the compaction or unearth Grantee's facilities on the -vii,,,,:,-,\.: .-.:-;- .. • Right-of-Way,or endanger the lateral support to said facilities;and that no blasting shall be done within 15 feet of the Right-of- 'r;ergc*:"•/::,-= Way. •.:„,:.,,.i.'"^4 6•..,..:r-F-••... r.- , 1`.:1,,,. ..,a,,,.•et.,; .4., •..•.A; . ,- . `' .. t..$.4.-76:40f•1%..."'... 5.Indemnity.By aecepting and recording this easement.Grantee agrees to Indemnify and hold harmless Grantor from any r.-•;•.e.„-•-• .,,,,tiwtt,'•.;•.;.••.*:..•t -' and all chums for injuries and/or damages suffered by any person which may be caused by the Grantee's exercise of the rights 4... ,4 herein granted;provided that Grantee shall not be responsible to Grantor for any injuries and/orany p , •. , damages to erson it• .ta;;4„ caused by acts or omissions of Grantor .:. -,;0 . .'..;..... ',-,,r.•-,-.y.„' l .,:ei- •.7 '',1•;;'-- tt- •--,, .:-.-:••••••;:„.-,:t. . it ..... -, ."..'..--,:.`',.•.=-';".•••.•:,,I.I 4.,..•.4 ,..... .2g,-.1,,25...N•'•..•Z a Abandonment.The rights herei such time shall continue until su time as Grantee ceases to use the Rightf-o-Way for a 44.,10, ...,,,...,-4-• ?--:‘,...7.-..,-.::7•••.- ,,..-.1 period of five(5)successive years:1401*h event this easement shall terminate and all rights hereunder shall revert to Cron- .: ,•••;,,,V.tt•'-0','-7 11......''• .;•,:.•:',•...-..,-;.•.;•"..'“'7. ,-..• -F,.!•..,.„-,.,•....4,, :, tor,provided that no abandonment shall lie deemed to have occurred by reason of Grantee's failure to initially install its '••••,,,..:•:•4,5';':"'''..t:',4::•;.1 re...5::.: • ,..., ,.., facilities on the Right,ef•Way within eity,peded of lime from the date hereof. 73fe30 1 . • '- s.1. .a 7.Successors and Assigns.The:teals and'Oblixatiens of the parties shall inure to the benefit of and be binding upon their :i•••.:I....”..„,,,,oct, '4k...A respective successors and assigns. • 2....,•'.:4)Yfeu .',,"-70 BT-1185 , -,.. .=•' :'•'':?,:,,;,›Thr...",'. 3.,;"---.;-..."••••.,-4,' 1/ ,-,,,,'e • "Mr.1...'0.04s.t E04-31105/.44/1.11. 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'' • , . ---DOROTH,Y'L.,CQNICtIN';'i SECRETARY , , 7 ...• i., •.'' .-•• ... .,. • : ......',.-'.*,,. .. ....--,....--,.. STATE OF WASHINGTON ) ' • ,-',.__:` .. ...• . ,_. SS , . . .,,, -.,,....„ COUNTY OF 1 ,. ,-., •, ...,.... . . On thin clay petsonally appeturx!before me? , ". • in me known to he the individual_described-in and-who executed the within and foregoing instrument,and acknowledged that • signed the same as free andi.iplantary act and deed for the uses and purposes therein mentioned. . . • GIVEN under my hand and official seal this. ___ ..,....dai.ot.. ,19 . -. • ,-• , -'-..,",,--,-' • • -, • kqtafjqpii94 in and for the Stale of Washington. reiiding af --:• • . ....... ..... ..,., STATE OF WASHINGTON I I ,.,, ..... ,-, SS fsr, "4' • i • COUNTY OF . . • - •• .• .... -'''. • . . On this day personally appeared before me ' • • ... . . „.- to me known lobe the individual_described in and who executed the withikand foregoing Instrument,and acknowledged that . • .. - • signed the same as free and voluntary act and deed for the uses and purposes therein mentioned. • ' .• • ,. ' • GIVEN under my hand and official seal this day of .19 . . • •. , . • .. ., . Notary Public in and for the State of Washington, • resing id at -.• •...,.... . _ • ,.• „..--..•` . ••• .-• .., •. , , , . STATE OF WASHINGTON 1 .•. V , . . _ ..,..... .„,... .. ... . ••• SS ' .,"...-' ' . . - .... . • - ..: :1 COUNTY OF 1 , ..--,,• • l.. • ..; •- . •',"--••••• • " ./ , • ' • •...f , ' • ' . • - On this day personally appeared before me ., ..-. .. .- ...-".',.-• ' ' ;.• to me known to be the individual_described in and who executed the within end foregoing instrument,and de:knoWledged that . . ...• •, . '." • - .', signed the same as free and voluntary act and deed for the uses and purposes therein mentioned. - -•. ,' . . . : ,• ., GIVEN under my hand and official seal this day of .19,-_____. .-' , • I i .* . , . .. ,- i • Notary Public in and for the State of Washington, I '• • . .1,.. residing at t. .. ' . 1.....f '": .;‘..-..:..3.,';.'s?.;:,•;".fl S'fATE OF WASHINGTON ) ' • :.' --....'" .--.' ft--' .. ,.., . .‘,...Lt-..' ."SS CORPORATE ACKNOWLEDGMENT -'I.li',1 • .- , .. . • COUNTY OF„) Victil 1 ) -.."ii:Y§..g,,,y.r.: ',„••4.. ..• ..,.- . -. •• . . 85 t,V.:.S.1,-,ANz.,:lf,!•e!''..: •,.: .-::.....- -:.•:.,.."...k.' nn this_1.1.th.chi>,or- ' OCTOBER .10 CONKLIN and DOROTH,Y be CO Lfore m eo d e th mersigned,pe ty rsonally pe:trod PW.4",.,.7z..,-.z., *,','_• ;•.-,. WILLIAM E. . NfKL I ,0.-..-W4,"?rt.ri-:;' ••••:-"-'.....fr•.. ,''..: SECRETARY fr.r-••1* '''....,_ •.:: rind .respectively.of,......!,%,:,...„:-: .,.'•:Y.;....... In me known to be the I DENT WILCO HAWAII INC. -.'.- the corporation that executed the foregoing instrument. ...'",'.-.4-'• . and acknowledged the said instrument to the free and voluntary act and deed of said corporation,for the uses and purposes therein „, .A'A.....1;...;:,..s.-4, • mentioned.and on oath statod.,that--..,' they are authorized to execute the snid instrument and that the....;.•,_.,,..,...•;,,:t...:5•,•...,•• ...4.,....ze• - :... seal affixed is the corporate seal of said.Co.ipontlion. 'it...1°';';'!".•:..,•-•,...,"±te''...'4"-t'-:':.. %,••-::::,;•,•...'17•;i:-.5.4i.4:4:• Witness my hand and official seal.heretonflixeci the day and year first a e Wi'' . - - "...•'`.-t-zsc..-_,_,-- ,...e.„..../A:21 r---:;.7.14',se'liPAn'',f - • 1 ,61,4,- . . ...,. ., ..._ . .... .. . _ .. . '...`iit-Y•,-;15>..ak.O. .rz-ei4..----, - ,,:- L . . Notary Public an nd topeitniStr ' lehicietoli. ./'d)R1?-:, /. 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' • ' e WHEN RECORDED TO: 1111111L1111111111110111 11© 20 • 1 I Q c (ee1 SJ '� Skagit County Auditor 0. x lo43A gt083 2/8/2007 Page 1 of 18 3:08PM IGIK( ) ZLi�}[tke� ---- -- . . - - - . .. . - - Chicago Title Insurance Company 3110 Commercial Avenue—Anacortes, Washington 98221 l ci '✓vtul DOCUMENT TITLE s): 1. LTG(�E''2(1U�"Aep ttu C3 ozdAc i-t CJy k 4S N cht et paten -ob 2. 3. ACCOMMODATION RECORDING REFERENCE NUMBER(s)OFDOCUIMENTSASSIGNED OR RELEASE Chicago Title Company has placed this document for recording as a ❑Additional numbers on page of the document customer courtesy and accepts no liability for Its accuracy or validity GRANTOR(s): 1. C 1064401 FJ UY`'`t n —D r C .1 a LOCt.5 ttit n 'ku^) CD c p 2. 3. ❑Additional names on page of the document GRANTEE(s): (�to I+ t 1. Stitn ��Lt-�; C{`nc�p,i''t+�v�.`,r�-� t o c I CC . a h SKAGIT COUNTY WASHI .,eTON REAL ESTATE EXCISE TAX 3, ❑Additional names on page of the document FEB 0 8 ZQ 45, ABBREVIATED LEGAL DESCRIPTTON. + r a� �� nt Paid$ su to 0('tii aS j I 1 r' I it Co.Trearer ❑ 7 Cere Complete legal description is on page of the document ASSESSOR'S PROPERTY TAX PARCEL ACCOUNT NUMBER(s): ?581 ; Roc alp • PlCbag)'" piol94r P1oobtt3, P `r2 Ply SS ❑(sign only if applicable) I am requesting an emergency nonstandard recording for an additional fee as provided in RCW 36.18.010. I understand that the recording processing requirements may cover up or otherwise obscure some part of the text of the original document. Signature This cover sheet is for the County Recorder's indexing purposes only. The Recorder will rely on the information provided on the form and will not read the document to verify the accuracy or completeness of the indexing information provided herein. AGREEMENT REGARDING DEDICATION OF REAL PROPERTY AND GRANT OF EASEMENTS This Agreement Regarding Dedication of Real Property and Grant of Easements ("Agreement"), is entered into as ofjjAe,eis is , 2004, by and between Chaffey Homes Incorporated,a Washington corporation("Chaffey"), and Sunset View Condominium Developer LLC,a Washington limited liability company("Sunset View"), RECITALS A. Chaffey and Sunset View are each the owners of adjacent parcels of real property located in Anacortes, Washington,and each wishes to develop residential housing projects upon its respective property. Chaffey is the oweer of the real property legally described in Exhibit A attached hereto("Chaffey Property"), and Sunset View is the owner of the real property legally described in Exhibit 13 attaclie3 hereto("Sunset View Property"). B. In order to further the development of their respective properties, Chaffey and Sunset View wish to dedicate portions of their respective properties to the City of Anacortes(the "City"),and grant the rights and easements as detailed herein. AGREEMENT 1. Amendment to Petition for Vacation. Chaffey shall amend, or cause to be amended, its pending Petition for Vacation ("Petition"), which has been submitted to the City requesting the vacation of a portion of 5t"Street(also known as Coho Lane). The Petition shall be amended to include a request for the vacation of that portion of 5s' Street depicted on Exhibit C attached .hereto and legally described in Exhibit D hereto (izSunset View Vacation Area"), consisting of approxixnateiy 3,353 square feet. The legal description and/or area of the Sunset View Vacation Area may be modified by Chaffey in connection with the approval of the Petition,.as provided in paragraph 7 below. Upon vacation,the Sunset View Vacation Area will vest in Sunset View and become part of the Sunset View Property. For purposes of calculating the allowable density of development on the Sunset View Property,and assuming the vacation is approved by the City, Sunset View may include the Sunset View Vacation Area in the gross area of the Sunset View Property, Chaffey makes no representation.or warranty that the Petition will be approved by the City. 2, Storm Water Easement. Contemporaneous with the execution of this Agreement, Sunset View shall execute and deliver to Chaffey an easement in favor of Chaffey in the form of Exhibit E,to create a storm water drainage swale and associated drainage features,as well as the • right to construct roadway cut and fill slopes, in, over and upon the Sunset View Vacation Area (the "Storm Water Easement"). Chaffey shall place the Storm Water FF•sement into escrow with Chicago Title Insurance Company("Escrow Agent"). The legal description and/or area of the Sunset View Vacation Area and the Storm Water Easement may be modified by Chaffey, as may be necessary to satisfy any conditions of approval of development of the Chaffey Property, as provided in paragraph 7 below. At any time after the completion of the vacation oftise S set /Uoa f" 11/311110 0070208 Ob Skagit County Auditor 2/8/2007 Page 2 of 16 3:08PM View Vacation Area and the vesting of said property in Sunset View, Chaffey may instruct the Escrow Agent to record the Storm Water Easement with the Skagit County Auditor. Sunset View shall take,ox cause to be taken, any and all other actions,including execution and delivery of any other documents,necessary to accomplish the grant of the Storm Water Easement, 3, Cut de Sac Dedication, Contemporaneous with-the execution of ibis Agreement, Sunset View shall execute and deliver to Chaffey a form of dedication, dedicating to the City the property depicted on.Exhibit C attached hereto and legally described inExhibit F, consisting of approximately 917 square feet (the "Cul de Sac Dedication"). The Cut de Sac Dedication is that portion of the Sunset View Property necessary to create the road configuration depicted on Exhibit C attached hereto. Chaffey shall place the Cul de Sac Dedication into escrow with. Escrow Agent. The legal description and/or area of the Cul de Sac Dedication may be modified by Chaffey, as may be necessary to satisfy any conditions of approval of development of the Chaffey Property, as provided in paragraph 7 below. At any time after the completion of the vacation of the Sunset View Vacation Area and the vesting of said property in Sunset View, Chaffey may instruct the Escrow Agent to record the Cul de Sac Dedication with the Skagit County Auditor, Sunset View shall take, or cause to be taken, any and all other actions, including execution and delivery of any other documents, necessary to accomplish the Cul de Sac Dedication. 4. Temporary Construction Easement. Contemporaneous with the execution of this Agreement,Sunset View shall execute and deliver to Chaffey a temporary construction and slope easement in favor of Chaffey in the form of.Exhibit 9, in, over and upon a ten (10) foot wide strip adjacent to, contiguous with and to the east side of the property included in the Cul de Sac Dedication ("Construction basement"). Chaffey shall place the Construction Easement into escrow with Escrow Agent The legal description and/or area of the Construction Easement may be modified by Chaffey, as may be necessary to satisfy any conditions of approval of development of the Chaffey Property, as provided in paragraph 7 below. At any time after the completion of the vacation of the Sunset View Vacation Area and the vesting of said property in Sunset View, Chaffey may instruct the Escrow Agent to record the Construction Easement with the Skagit County Auditor, Sunset View shall take, or cause to be taken, any and all other actions, including execution and delivery of any other documents, necessary to accomplish the grant of the Construction Easement, 5. Construction of Utility Facilities. a. If, within fourteen (14) days following the expiration of the appeal period after final approval of the subdivision or planned unit development ("P'UD") of the Chaffey Property, Sunset View has obtained final approval for the subdivision or PUT) of the Sunset View Property, then Chaffey shall stub in all necessary utilities to the Sunset View Property; provided, however, that Chaffey shall not be so obligated if doing so would materially delay, stall ox hinder the development of the Chaffey Property. For the purposes of this subsection, a material delay, stall, or hindrance shall include,but not be limited to,a delay of more than'three (3)days in connection with any work on the development of the Chaffey Property. Ci110 1111401111001 0 Z0 OS 06 Skagit County Auditor 21812007 Page 3 of 16 3:08PM b. In.the event that the lots created on the Sunset View Property are ready for utility installation on or before the installation of utilities on the Chaffey Property, then (1)Chaffey shall install all necessary utilities for each lot of the Sunset View Property, and (2)Sunset View shall, within thirty (30) days after the recording of the subdivision or PUD of the Chaffey Property, reimburse Chaffey in the amount of Fifteen Thousand Dollars ($15,000.00),plus all "hook-up"fees paid by Chaffey, for each lot in the Sunset View Property for which Chaffey installs utilities. 6. Right of First Refusal to Purchase Sunset View Property. a. If at any time after the date of this Agreement,Sunset View desires to sell or otherwise transfer the Sunset View Property, or any portion thereof or lot created thereon ("Proposed Sale Parcel"), then Sunset View shall first obtain from the proposed transferee a bona fide written offer, stating the terms and conditions upon which the sale or transfer is to be made and the consideration offered therefore. Prior to any sale or transfer of the Proposed Sale Parcel to any other person or entity, Sunset View shall offer Chaffey the right to purchase the Proposed Sale Parcel upon the same terms and conditions by giving Chaffey written notice of the specific terms of the offer including price ("Offering Amount"), payment terms, conditions of title, costs of escrow and all other material terms, :id a proposed purchase agreement and joint escrow instructions reflecting such terms,ex c.ie. : ;Sunset View("' ,oh :.;d Agreement"), b. Chaffey shall hay th'•e, .3 i) d after ►e -lit of the Proposed Agreement to exercise its right to purchase the 'ropos Sale Parc= by executing the Proposed Agreement and transmitting it to Sunset View, or submitting a counteroffer. If Chaffey counteroffers,then Sunset View and Chaffey shall p gotiate diligently and in good faith,in order to attempt to reach an agreement within ten (101 days after Sunset View receives Chaffey's counteroffer. If Chaffey does not elect to accept such offer within said thirty.(30)day period, or if Sunset View and Chaffey do not reach agreement on Chaffey's counteroffer within said ten (10)day period, then for a period of ninety(90) days thereafter Sunset View may sell or transfer the Proposed Sale Parcel to the third party on the same terms as were set forth in the Proposed Agreement. 4ifiriSzaleit...YiesmefaiTs e.entez iatemeniiiagseeraent,.in citing terrnsexntk, e iS nszit,.,any thirdeparrty d lfig" rfiti trrri)" 1 • pane f*Sunset4View.aga cie,sixes ee fer s I ssrsodeSale-Parelltfx l "'Snes e- ' dittibliceetethaeforegoingie p t;edure ,gsantirxg•C- f thaaght,.ofefirstfefusaictey, c. This ' tl, first offer shall remain in full force and effect until midnight on December 31,200-P. 7 d, As an ccommodation to Sunset View, Chaffey agrees,provided that such exchange results in no additional cost,liability or expense to Cleaffey and no delay to the close of escrow,to cooperate with Sunset View in effectuating a like-kind exchange of property pursuant to Section 1031 of the Internal Revenue Code of 1986, as amended. Sunset View agrees to: (i)pay for any costs, expenses, losses or liabilities arising from or in connection with an exchange, including, but not limited to, Chaffey's escrow fees, which are in addition to the purchase price and closing costs Chaffey agrees to pay for as set forth in the purchase agreement; (ii)to indemnify, protect, defend and hold Chaffey harmless from and againstr l any al Ob. W A3 1IIIJIIIiilI111i2a 70200fi0 6 • Skagit County Auditor 2/8/2007 Page 4 of 15 3:08PM • f costs,expenses,losses or liabilities(including,without limitation,reasonable attorneys'fees and escrow fees) arising there from; and(iii)directly deed the Premises to Chaffey and remain liable for all of the covenants,agreements.,representations and warranties made herein 7, Modification of Legal Descriptions, The parties recognize that the legal descriptions of the Sunset View Vacation Area and Cut de Sac Dedication may be required to be modified in connection with the approval of the Petition or the developruent of the Chaffey Property, The parties therefore agree that any documents required to complete and implement the vacation, dedication and easements contemplated by this Agreement, including without limitation the Storm Water Easement, Cul de Sag Dedication and Temporary Construction Basement executed as of the date of this Agreement and held in escrow by Escrow Agent; are subject to modification by Chaffey in order to incorporate the final legal descriptions of the Sunset View Vacation Area and Cul de Sac Dedication, and any adjacent properties, as may be approved by the City. haffey is hereby authorized to affix all such final legal descriptions to each of the documents described herein prior to recording of snob documents with the Skagit County Auditor, at any hie after the completion of the vacation of the Sunset View Vaoatk n Area and the vestin o aid property in Sunset View,where such final legal descriptions become available. op Tn\ -t)(-6 )orvletkii5 QippnyW 8. art i c Performance and Injunctive Relief, la the event of a breach or Threatened breach of any pro i sion of this Agreement,the respective rights and obligations hereunder shall be enforceable by specific performance,injunction or other equitable remedy, but nothing herein contained is intended to,nor shall it,limit or affect any rights at law or by statute or otherwise of any party aggrieved as against the other for a breach or threatened breach of any provision hereof,it being the intention of the parties to make clear that the respective rights and obligations of the parties hereunder shall be enforceable in equity as well as at taw or otherwise, lathe event of any sale or transfer or attempted sale or transfer in violation of the .provisions of this Agreement, Chaffey shall,in addition to all rights and remedies at law and in equity,be entitled to a decree or order restraining and enjoining such sale or transfer and Sunset View shall not plead in defense thereto that theme would be an adequate remedy at law;it being hereby expressly acknowledged and agreed that damages at law will be an inadequate remedy for a breach or threatened breach of the provisions of this Agreement. The rights and remedies provided by this Agreement are cumulative and the use of any one right or remedy shall not preclude or waive the right to use any or all other remedies. Said rights and remedies are given in addition to any other rights the patties may have by law,statute,ordinance or otherwise. 9, Mutual Covenants. Chaffey and Sunset View each warrants and represents that as of the date of this Agreement a. Fach has the legal power,right and authority to enter into this Agreement and the instruments and documents referenced herein, and to consummate the transaction contemplated hereby. b. All requisite corporate action has been taken by Chaffey or Sunset View, as applicable, in connection with the execution of this Agreement alidefeeipOividuals executing 1111111111111111111111111 20070200106 Skagit County Auditor 218/2007 Page 5 of 15 3:08PM this Agreement and the instruments and documents referenced herein on behalf of Chaffey or Sunset View have the legal power,right and actual authority to bind the respective party. 10. Time of Essence. Time is of the essence of this Agreement. l I. Attorneys' Fees. In the event either party files any suit or action, or commences any other legal proceeding to enforce the terms of this Agreement,the nonprevailing party shall be required to pay all reasonable attorneys'fees incurred in such suit,action or proceeding by the prevailing party or parties. • 12. Assignment, Neither party's rights under this Agreement may be assigned without the prior written consent of the other party, which consent will not be unreasonably withheld; provided, that each party may assign this Agreement to any affiliate of such party, without the other party's consent. 13. T3indippg Effect. This Agreement shall bind and inure to the beneI t of the parties hereto and their respective successors,assigns,heirs and legal representatives. 14. Amendment. The parties hereto reserve the right to amend this Agreement from time to time as They deem necessary. Excepting and notwithstanding any modifications made under Section 7, above, all modifications to this Agreement shall be in writing and signed by an authorized representative of each of the parties hereto. 15_ Waivers. The waiver of any of the terms or conditions of this Agreement must be in writing and signed by the authorized representative of the party waiving such terra or condition. 16. Governing Law and Venue. This Agreement shall be governed by and interpreted in accordance with Washington law. Any litigation arising out of or in connection with this Agreement shall be conducted in King County,Washington. gton. • 17. Headings. The headings of'the paragraphs of this Agreement are inserted solely for the convenience of the parties, and are not a part of and are not intended to govern,limit or aid in the conetruction of any term or provision hereof, IS, Entire Agreement. There are no verbal or other agreements which modify or affeet this Agreement, and the parties agree that this Agreement constitutes the full and complete understanding between Chaffey and Sunset Vietnt. 19. Survival. The parties agree that all representations, warranties, agreements and indemnities of any kind contained in this Agreement shall not merge in, but skull survive, the Closing and the delivery of any deed or easement hereunder. 20. Recording. A memorandum of this Agreement, in the fore of Exhibi +� . <<: �ed hereto,shall be executed by the parties and recorded with the Skagit County Auditor. (.1 111111111MANIN1 20070c080 b Skagit County Auditor 2/8/2007 Page 6 of 15 3:08PM • IN WITNESS WHEREOF, the parties hereto have executed this Agreement by having their authorized representatives affix their respective signatures in the spaces below: CIL FFEK HOMES INCORPORATED, SUNSET VIEW CONDOIVI[NIUM a Washington Corporation DEVELOPER,LLC,a Washington limited liability company • Sy. 4y,-� • By: Its:f�s j��l !'8Iz" nJ ► 'i� Tts: tmeAM !IliIff1I1IttI1III1Ifllff1 jI I �t - 6- 200702 80 06 Skagit County Auditor 2/8/2007 Page 7 of 15 3:08PM Ex»xT A. Legal Description of Chaffer Property Lots 1 through 16, inclusive, Block 1;Lots 1 through 8, inclusive, Block 2; Lots I through 15, inclusive, Block 7; Lots 1 through 16, inclusive, Block 8; Lot 4, Block 9, Lots 2 through 5, inclusive,Block 10; ail in PLAT OF WOOD'S ADDITION TO ANACORTES,according to the plat thereof,recorded in Volume 4 of PIats,page 35,records of Skagit County,Washington. .1/po 00 0 0 S 0 6 Skagit County Auditor 2/8/2007 Page 8 of 18 3:08PM EDIT B Legal Description,of Sunset View Property A portion of Blo ck 12,FIRST PLAT OF SHP HARBOR ADDITION TO CITY OF ANACORTES,as per plat recorded in'Volume 1 of Plats,page 13,records of Skagit County, Washington,described as follows; Lots 9, 10, 11, 12, 13, 14, 15, and 16,and the Northerly 40 feet of D Avenue lying southerly and adjacent to Lot 9. All situated,in Skagit County,Washington. 0 T.1 VI° A ot? 2007 080 06 Skagit County Auditor 2/8/2007 Page 9 of 15 3:08PM EXHIBIT C • Site Map of Proposed Street Vacation and Dedication of Adjacent Property S5844'15"E S88'44'15"E 3.3.00' 120.22' 16 1 w _� _ r7OdN M t Q10 0``� p N portior, of 5th. St. v II it Portion of Stock 12 to be vacated, to bedadtoated to ctty for — . i 3,317 s.f. Coho Lane Cul—de—sac, 1003 S . _ 13 4 11:11. Curb and cutter c a o-, '1 �� rs ►o) .__, n3 1:6. v PROPOSED s2 n e b w `�= T c' CUL 0E-SAC ``r ''' ' ..ci g or ca .,, it- w E o o ar 10 r7 g. o ..-: • 5 C - � c ... r W�N-Ca1 1. O a 9 8 O. `1,- . it, . U Fz� - _ STREET HALF • J (VACATED) Pacific Ave, 1 0.27 a-, C3 fit. u N86'40 28"w l '0J° - \.0 co a. ii 10 ,o c CHAFFEY HOMES • �Q r r ANACORTES �cm o Proposed Street Vocation 0' 25' 50' 100' 150' and Dedication of Adjacent Property - —o 5 22DEC05 dLA — REVD 43JAN06 .ILA _N N O N SCALE: 1 "=50' co � RZT • Legal Description of Sunset View Vacation Area That portion of Fifth Street in First Plat of Ship Harbor filed in Volume 1 of plats at page 13, Records of Skagit County, Washington, lying in front of Block 12 of said plat and northerly of the following described line: Commencing at the northwest corner of said Block 12;thence S 02°1 3'36"W along the west line of said Block 12, a distance of 107,54 feet to the initial point of this line description,.said point being a point on a curve from which the radios point beats S 38°47'33"W, a distance of 47.00 feet;thence westerly along said curve through'a central angle of 42°40'21"and an arc distance of 35.00 feet to the west line of Fifth Street as shown on said.First Plat of Ship Harbor and the terminal point of this line description •/(\p/) • • • 0 02080 06 Skagit County Auditor 2/8/2007 Page 11 of 15 3:08PM EIR$IT E • Form of Storm Water Easement After recording return to: Cheffey Corporations 205 crake Street South,Suite t0I Post Mica Box 560 Kirkland,Washington 9$083 Attention: Aileen Zavalcs _ _ _ Washin: en State Recorder's Cover Sheet ••CW 65,04 oeoxctet�t Title{s): _. .__ �. — �.— — �_ ., I anent.Agreernetat eferenee Number(s)of Related Documents: nia 'Grantor(s): Sunset View Condominium Develo.er LLC, a Washin: on Limited Liabili Co pan Grantee(s): Chaffey Homes Incorporated, a Washington corporation Abbreviated Legal Description(s): Portion of Fifth Street in First Plat of Ship Harbor led in Volume I of Plats at page 13,Records of Skagit County,Washington ••ditianal Itgal description on document of docsent `Assessor's property Tax Parcel/Account Nuauber(s): P58982;P60626;P60628;P60642;P60643 0 • 1111111;11111111111EMI 2 o0o200 06 Skagit County Auditor 2/8/2007 Page 12 of 15 3:08PM EXHIBIT G Form of Construction Easement Aftcr recording ratan:to: Chaffcy Corporation 20S Lake Street South,Suitc I D1 Post Office Box 560 Kirkland,Washington 98083 AttcnCion: Aileen Zavales Washington State Recorder's Cover Sheet(RCW 65,6,4) Document Title(s): Temporary Construction and Slope Easement TReference Number(s)of Related Documents: n/a 'Grantor(s): 'Sunset View Condominium Developer LLC,a Washington Limited Liability Co m any Grantee(s): 1 Chaffey Homes t cQrpoxated,a Washington corporation Abbreviated Legal Description(s):Portion of Block 12,First Plat of Ship Harbor filed in 'Volume 1 of Plats at page 13,Records of Skagit County,Washington )Additional legal description on Pakel of document Assessor's Property Tax Parcel/Account Number(s): 1P58982;P60626;P60628;P60642;P60643 v( zoa7oinitER E1111 Skagit County Auditor 2/8/2007 Page 13 of 15 3:08PM • EXHIBIT F Legal Description of Cul de Sac Dedication That portion of Block 12,First Plat of Ship Harbor filed in Volume 1 of Plats at page 13, Records of Skagit County,Washington,described as follows; Coxnmer►cing at the northwest corner of said Block 12;thence S 02°13'3 6"W along the west line of said Block 12,a distance of 107.54 feet to the point of beginning of this description said point being a point on a curve from which the radius point bears S 38°47'33"W,a distance of 47.00 feet;thence southerly along said curve through a central angle of 106°52'07"and an arc distance of 8?.66 feet to a point on the west line of said Block 12 which is 75.50 feet from.the point of beginning of this description;thence N 02°13'36"B,a distance of 75.50 feet to the point of beginning of this description. 0 V _ • illifF1111111 20 2816 Skagit County Auditor 2/812007 Page 14 of I5 3:08PM • i-. - i - - - • • f WITNE8S V 'sPEOJ ;the pa?.'EI `.t2ave exemitd tbi Ag:e r neat as of'ibA-dotfirst . above.wiiten, . CRArFEY HONTRS,.TPC. ,SLINjE:t'vM r. 4 • • Sunset View Condornitiln..m. De;voioper Li C, a.Waettn;tom Li aced Lipbi jty Company . ___ZA,..---„,j(--et--\... U./(1/1 ... . • -�.A/�.9) Al-24.A-.,( g'f )?i N) {/�/I/f\t ?Ail V e ( �/v �-'`J V'T • STATE OF WASHINGTON ) t a, }ss. COUNTY OF WOSI•A �'�} . On this t� da of ��U� t be.' 20�Z before rreersorally appeared e� oY L _ J , y . to ice known to be the V Y L)Y of tae corporation that`. . executed the within and foregoing-.instxtnneart, and acknowledged the aid instrur-dent to be the free aid • voluxiary act and deed of said corporation fo, rtc ui?ses and purposes therein mentioned,and on oath states that et: P�• '• � be w authorized to ex r .sa:1 strap ait. 6• �.. r b• +1 U� Given under my band and oflicia_ a in t a. ;G Cam'' - •• • cP' ,--• ' s1 i () T«� _ 1. di ,• �i�'A\ 3� b?ic 'and l`for-the State of Watshingtony. � ,."? U,�Jh tj} 4,1irinted 14 1 /�-P S 6."V f� • i� - 41 ixias u,fy commission expires • jj�� ` f 0 � Slate of Nat. _ � 't } ^� , } SS 2 Go.3}�ty o!�_ '�` I } ono o iii to On this .day.of w . ,20 0 , before me, the undersigned •o 'Notary Public,personally appeared J1k�+� D OCI.C_ 3� = o _ and personally o,Q known to me or proved to me on the basis of satisfactory evidence to be a 6Y\�+� 2� o _of the limited liability company that executed the 0Qa.i.0 c g=5=N g .i,�uj2/r.,•..®^.... to be the Free and voluntary act and deed of the Limited o wamm toy Li bility company by authority of statute,its articles of organization or its operating agreement Ter the uses and purposes therein mentioned arid.on oath stated that h9 IASauthorized to p r3 a s execute this. ' :and in fact executed the. *. '� 1`.q behalf of the Limited "-N a Liability Company a;;,,•1..: •..` < . ; r, N . BY - F., �� fl`� . ..`�: .Residing ai; t\W"3:kCIr � �, b - Notary Public in and-for'the.State of wG� "?. ; ;-yl �' 'ssion expires_ 4 I( Or) - ''siaii'•t.° • N • igiumlowl z �oo o ao Skagit County Auditor 2/8/2007 Page i of 4 3:07PM After recording roturn to: - Chaftoy Corporation 205 Lake Street South,Suits 101 Post Office Box 560 Kirkland,Washington 95083 Attention: Aileen Zavales __ Washiri:ton State Recorder's Cover Sheet •CW 65,04_ _! �II ncument Title(s): CHICAGO TITLE CO. asement Agreementf Q J�2 `VEAL ESTATE EXCISE fAX eference Number(s) of Related Documents: n/a FEB 0 $ a007 • y Grantor(s): amount >"$ gK Trees LAY Sunset View Condominium Develo'ter LLC a Washin:ton LimitJ Liab Com.an • iG•rantee(s): 'Chaffey Homes Incorporated,a Washington corporation Abbreviated Legal Deseription(s): Portion of Fifth. Street in First Plat of Ship Harbo Lied in Volume 1 of Plats at page 13,Recards of Skagit County,Washington Additional ,el dtsari.tion onP.: 1 of document sessor's Property Tax PareelfAeeonnt Number(s): 1.58982;P60626;P60628;P60642;P606431 1,490 col f 7) (.occo, ss Chicago Title Comten"ha rtaseed this document for rr - - - Customer courts""' • no ACCOMMODATION RECORDING liability for its ac: A ' , i EASEMENT AGREEMENT TIES BASEMENT AGREEMENT is entered into this 73 day ofcC)TA 1,20012,, by S•mset View Condominium Developer LLC, a Washington Limited Liability Company, ("Sunset View"j, as grantor, and Chaffey Homes Incorporated, a Washington corporation (`Chaffey"),as grantee, WBEREAS, Sunset View is the owner of certain real property located in the City of Anacortes,Skagit County,Washington,legally described as follows(the"Easement Property"): That portion of Fifth Street in First Plat of Ship Harbor filed in Volume 1 of Plats at page 13, Records of Skagit County, Washington,lying in front of Block 12 of said plat and northerly of the following described.line: Commencing at the northwest corner of said Block 12; thence S 02°13'36"W along the west line of said Block 12, a distance of 107,54 feet to the initial point of this line description,said point being a point on.a curve from which the radius point bears S 38°47'33''W, a distance of 47,00 feet; thence westerly along said curve through a central angle of 42'40'21"and an arc.distance of 35,00 feet to the west line of Fifth Street as shown on said First Plat of Ship Harbor and the • terminaI point of this line description. WHEREAS, Chaffey is the owner of certain real property located in the City of Anacortes,Skagit County,Washington,legally described as follows(the"Chaffey Property"): Lots 1 through 16,inclusive,Block I;Lots 1 through 8,inclusive,Block 2;Lots 1 through 15, inclusive, Block 7; Lots I through 16, inclusive, Block 8; Lot 4, , Block 9, Lots 2 through 5, inclusive, Block 10; all. in PLAT OF WOOD'S ADDITION TO ANACORTES,according to the plat thereof, recorded in Volume 4 of Plats,page 35,records of Skagit County, Washington. WHEREAS, Sunset View desires to grant to Chaffey certain easements benefiting the. Chaffey Property, fox the purpose of creating a storm water drainage swale,aai4 associated i . drainage features, as well as the right to constrict roadway cut and fill slopes upon the Easement , Property. . NOW, THEREFORE, ha consideration of the mutual rcovenants herein.contained, the parties agree as follows: . 1. Grant of Easement. Sunset View hereby rants tp Chaffey„and its respective successors and assigns, a perpetual nonexclusive easemenbn,i over and'accosshe Easement Property for the construction, use, maintenance, repair and replacement of a storm drainage swale and any private storm drainage facilities located upon the Prope , and to construe+ roadway cut and fill slopes upon the Easement Property. ' ---7 , , I ) 2oaTo2os a1111111111.11111111VON 4 _ Skagit County Auditor 2/812007 Page 2 of 4 3:07PM 2, Maintenance and Repair. The owner or owners of the Chaffey Property benefited by this easement shall be jointly responsible for the maintenance,repair and replacement of the private storm drainage facilities located within the Easement Property. All costs of maintenance, repair and replacement of the private storm drainage facilities shall be shared equally,'with the owner of each lot within the Chaffey Property being responsible for a proportionate percentage of such costs_ The need for, extent of and all other aspects of such maintenance, repair and replacement shall be determined by agreement of the owners of at least a majority of the lots located within the Chaffey Property. Notwithstanding the foregoing, the owner of each lot within the Chaffey Property benefited by this easement shall repair at its own cost any damage to the private storm drainage facilities caused by such owner. 3. Remedies. The owner of each lot within the Chaffey Property benefited by this easement shall have the right to enforce by proceedings at law or in equity,including injunctive relief, all easements, conditions, covenants and restrictions now or hereafter imposed by the provisions of this Easement Agreement, or any amendment thereto, it being agreed that the remedy at law for the breach or violation of any of these easements, covenants, conditions or restrictions (except those, if any, requiring the payment of a liquidated sum) is not adequate. Failure by any such owner to enforce any easement, covenant, condition or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. ' 4. Miscellaneous. a Easements to Run with Land. The easements described herein shell be perpetual and shall run with the land for the benefit of the respective grantees, and their respective heirs, successors and assigns,and for the benefit of the respective lots owned by such grantees_ b. Attorneys' Fees. In the event the owner of any lot files any suit or action, or commences any other legal proceeding to enforce the terms of this Easement Agreement,the nonprevailing party shall be required to pay all reasonable attorneys' fees incurred in such suit, action or proceeding by the prevailing party or parties. c. Seyerability. If any provision of this Easement Agreement or the application thereof to any person or circumstance shall be invalid,illegal or unenforceable to any extent, the remainder of this Easement Agreement and the application thereof shall not be affected and shall be enforceable to the fullest extent permitted by law. d. Amendments. This Easement Agreement may not be amended except by written agreement signed by the owners of all of the lots located within the Chaffey Property benefited by this easement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. �) j 1' ,/� Vvt/ tr A4 2 IJJI4II3Il! Skagit County Auditor 2/8/2007 Page 3 of 4 3:07PM • • T;�J ;E88 -V/IMR.EOP,the-pa ties-have e}eoAwra Agrement is oi'the to first above-v(_,ti . • CHAFED'H'-7O?v S,B C, SUNSET VMVI: . ' • • Sttnsst View Condor } �.z- Deyveloper LLC. a -f?u..l ingtop.Limited tiF=biWty Corn .y • 1(e---t,'"--/C)k.7 (14 ' . _Li—, /A-7.42"..7 1--r.rtA) N,e1461a-eirrs." SLATE OF WAS_dloGTOI? } ----__. iL • }ss. COUNTY OF 5t 1(:',r (} y�,, On this days of [11(4ag D 0 7,before me personally appeared .ev. of f�+ to me own to be therc\A. of the corporation that. . :e ecuted' the within and foregoing instrument, and acicnowled�e�� l`the said instrunient to be'the free and - voluniary act and deed of said coreoration for the uses and put-poses therein mentioned,and on oath stated tha_ • hee w authorized to dxecutyir ttiM .'. • a `. � � �� Given under M hand and official sew .' d j • .L P'p-'0 ,��es 3l •• '"UB o in and for the„�State •W of a hington. ,,,, 11 i t��y ity comrmssion expires _ tF 1 1 V 9 • _____ :st_ ' ' Slide cil. (/L.)0$VAA- } ss County of 1 17 ! • } • 4 0 On this cl1 of FeQ' i`' __ a y. ,20 t3'"( ,before me, the undersigned Notary Prale ublic,personally appeared . ' 5\k kyr,� 6\ovoc.� . .,.i. __ and personally --o,o • known to moor proved to me on the basis of satisfactory evidence to he a i m6 of the limited liability company that e ecui 1f e �� p y X a�.� CG��'Y�1tN 1 dab T v • j'z �Y�A to be the free and ioarayrc # l�deed of the Limited r Libbi iy company by authority of statute,its artici. 0r i2 lj6h its o peruting agreement g for the uses and purposes therein mentioned and4'34 'st,tii tll'at Wits authorized to • r._V execute this. • i and in fact executed tt,e.;6^p�+ ::".elrialf of the Limited —'—Q m Liability Compeny. N" � �-1\1„x n. .oL,p.v. o .. i 1✓m•9�1F,fl: `J..:,,.\ pp �e ` +-ew at r(k7kC� iv-}3Y � i?: .,u:: ( J Notary I'u- ;c in and for'the.State of l�l� t�`/y�rp`',v--\ N.y commission expires I( 1 0 q .aaa , • :c F,i • {{ 2 28 0 0 04 Skagit County Auditor 2/8/2007 Page 1 of 4 3:07PM After recording return to: Chaftey Corporation 20S Lake Street South,SLite 101 Post Office Box 560 Kirkland,Washington 98083 Attention: Aitcen Zavalcs Wnthin on Stste Aeeorder's Cover Sheet 'CW 65,04 tE ocnmEnt mi te(sj: CI HC�A'jG�Oj/TITLE CO. emporary Construction and Slope Easement 4 r '*SKAeak �WASHINGTON REAL ESTATE EXCISE TAX Reference N'umber(s)of Related Documents: nia FEB 0 8 2007 Grantor(s): AmountP. ;$ ► I Skagd co.Treast eP 4 Sunset View Condominium Develo•er LLC, a Washington Limite'Liability Com•an Grantec(s): alley Homes Incorporated,a Washington corporation I Abbreviated Legal Description(s): Portion of Block 12,First Plat of Ship Harbor filed in Volume 1 of Plats at page 13,Records of Skagit County,Washington Additional legal description on o 1 of document ,Assessor's property Tax Parcelaccount Number(s): P58982;P60626;P6Q628;P60642;P60643 (.p O(9 1 LoC)L Chicago title Company has placed ACCOMMODATION RECORDING thi ument for recording as a s courtesy and accepts no liability for its accuracy or validity VV 100042.00 k7112635]2.1 , ; TEMPORARY CONSTRUCTION AND SLOPE EASEMENT THIS TEMPORARY CONSTRUCTION AND SLOPE EASEMENT is entered into this 13 day of c, u,q ,ti, 2006, by Sunset'View Condominium Developer LLC, a Washington Limited Liability Company, ("Sunset View"), as grantor, and Chaffey Homes Incorporated, a Washington corporation("Chaffey"),as grantee. WHEREAS, Sunset View is the owner of certain real property located in the City of Anacortes,Skagit County,Washington,legally described as follows(the"Easement Property"): A strip of land 10 feet wide adjacent to, contiguous with and on the east side of the following-described parcel: That portion of Block 12, First Plat of Ship Harbor filed in Volume 1 of Plats at page 13,Records of Skagit County,Washington.,described as follows: Commencing at the northwest corner of said Block 12; thence S 02°13'36"W along the west line of said Block 12, a distance of 107.54 feet to the point of beginning of this description said point being a point on a curve from which the radius point bears S 38°47"33"W, a distance of 47.00 feet; then southerly along said curve through a central angle of 106°52107"and an arc distance of 27.66 feet to a point on the west line of said Block 12 which is 75.50 feet from the point of beginning of this description; thence N 02°l3"36"E, a distance of 75.50 feet to the point of begi nning of this description. WHEREAS, Chaffey is the owner of certain real property located.in the City of Anacortes,Skagit County,Washington,legally described as follows(the"Chaffey Property"): Lots I through 16,inclusive,Block 1;Lots 1 through 8,inclusive,Block 2;Lots I . through 15, inclusive, Block 7; Lots 1 through 16, inclusive, Block 8; Lot 4, Block 9, Lots 2 through 5, inclusive, Block 10; all in P7_AT OF WOOD'S ADDITION TO ANACORTES,according to the plat thereof,recorded in Volume 4 of Plats,page 35,records of Skagit County,Washington. WHEREAS, Sunset View desires to grant to Chaffey certain easements benefiting the Chaffey Property, for the purpose of constricting roadway and sidewalk improvements on adjacent property and constructing related cut and fill slopes upon the Easement Property. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: 1. Temporary Construction asem,ent. Sunset View hereby grants to Chafl'ey,.and its respective successors and assigns, a non-exclusive easement on, in, ver and across the Easement Property for a temporary period of time commencing upon i ; , 2006, and continuing until completion of construction of the roadway and,sralk narovements on the 20 7o a� 80 1 Skagit County Auditor 2/8/2007 Page 2 of 4 3:07PM adjacent property. The grantees shall have The right to use such easement for construction access, excavation, construction of shoring, staging and other construction activities in connection with the construction of the roadway and sidewalk improvements on the adjacent property. Costs of the work to be performed on the Easement Property shall be the sole expense of the Grantee and its successors and assigns, 2. $lope Easement. Sunset View hereby grants to Chaffey, and its respective successors and assigns, a perpetual non-exclusive easement on,in, over and across the Easement Property for the construction, use, maintenance, repair and replacement of cut and fill slopes required in connection with the construction and maintenance of roadway and sidewalk improvements on the adjacent property, 3. Remedies. The owner of each lot within The Chaffey Property benefited by this easement shall have the right to enforce by proceedings at law or in equity,including injunctive relief, all easements, conditions, covenants and restrictions now or hereafter imposed by the provisions of this Easement Agreement, or any amendment thereto, it being agreed that the remedy at law for the breach or violation of any of these easements, covenants, conditions or restrictions (except those, if any, requiting the payment of a liquidated sum) is not adequate. Failure by any such owner to enforce any easement, covenant, condition or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. 4. Miscellaneous. a. Easements to Rim with laid. The easements described herein shall be perpetual and shall run with the land for the benefit of the respective grantees, and their respective heirs,successors and assigns,and for the benefit of the respective Tots owned by such grantees. b. Attorneys' Fees. In the event the owner of any lot files any suit or action, or commences any other legal proceeding to enforce the tenns of this Easement Agreement,the nouprevailing party shall be required to pay all reasonable attorneys` fees incurred in such suit, action or proceeding by the prevailing party or parties. c. Severability. If any provision of this Easement Agreement or the application thereof to any person or circumstance shall be invalid,illegal or unenforceable to any extent, the rezriainder of this Easement Agreement and the application thereof shall not be affected and shall be enforceable to the fullest extent permitted by law. d. Amendments. This Easement Agreement may not be amended pt by written agreement signed by the owners of all of the lots located within the ftioperty� benefited by this easement. WVO -2 - 20 02 80 105 Skagit County Auditor 2/8/2007 Page 3 of 4 3:07PM • • • - M'WI1NB8S Wi ,PO ,the pities have e ect d tbi.g Agzetz,e-:t a o1" firf st . above Wt1tten,, . CHAFPBY -TOMBS,Ifsla. SUNSET VEE : r • • Sunset,View Conciore�y;i m 3 ni.op�r TLC, a l'Y i`.'aingt0xr Limited tii:bi�1 ty C pany •' 4/\-/NO . '("iii ',L.-N.:A-) . - (AA-111) A.:-..-6,1 Az ej-1-17.--)/ 14Ale-11/CC(ijigrr'" STATE OP AStITNGTON } • ` -.--_.—__.. ' • }ss. •• COUNTY Op vf�G`'c } On this day of f? , before re personally appeared t eX or _ , to me 1 own to he the rf\&v\ of the corporation that-. • executed the within and foregoing instrument, a.14., rjcnowiedged the strunient to be the free and - voluntary act and deed of said corporation fo s0Wise ` #rpc.ses t;ere'r_mentioned;and on oath stated that • he w zutherized to exel'Lte i..f dF r ice. A 007 . Given under my ha d.and official seal ttts � 'yF'ld ; _ + [ - . a :U' �.0 raT s a. rP. s� {1F.1 ':#1•v�t� • .•min d for the cte of Was gto :i 14 g at ._._, o My commission expires • t M Slate of �1LJ✓ C \ _ } c aamag it ss ,- County of _'5�� 1 . } • - o - — , o v a 3 . -On this day-of Cit , 20t� _, before rile, the undersigned Ci Notary Public,personally appeared ,.- "tt"�\`t.d^"•" kOtj - . '•• O _L to _ a. and personally Y - known to me or proved to me on the basis of satisfactory evidence to be a ' ''^'\, C 0) q _ - _ of the Iimited liability company that executed the '-TtP/w- e \S K i P\ N . co to to be the free and Yol4ln cry Oct and deed of The Limited cv Liability company by authority of statute, its articles of organization or its operating agreement for the uses and purposes therein mentioned arid on oath stated that 'Le_. 5 attthoriied to - .• - --- - execute this. •.and in fact executed the.t '.►'nt�T on behalf of the.Limited . Liability Company. e-c. 'r. . !1 :,. '"'.d .. .... . 13y - ( '''.."\-Ti..,• 21- .. • 1§ase;•,,,,, ,. .,,,1 ,,.. CG - - Notary Public in arld.fer the.State of q% cornznission expires � - rtc. . • i. . Skagit County Auditory 7/31/2006 Page 1 of 611:31AM AFTER RECORDING RETURN TO: • P.O.Box 891 Burlington,WA 98233 CHICAGO TITLE CO. DEED OF TRUST CY/1500 THIS DEED OF TRUST, made this 91 day of July, 2006, by and between, Sunset View Condominium Developer, L.L.C. Grantor, whose mailing address is 1015 #A le St., Anacortes, WA 98221; FIRST AMERICAN TITLE COMPANY, as Trustee, whose mailing address is P.O. Box 1667,Mount Vernon, WA 98273; and Roger&Leslie Jungquist,husband & wife Beneficiary, whose mailing address is 16032 Beavermarsh, Mount Vernon, WA. 98273 WITNESSETN: Grantor hereby bargains, sells and conveys to Trustee in Trust, with power of sale,the following described real property in Skagit County,Washington. Assessor's Property Tax Parcel/Account Nurnber(s): P58982 Lots 9-16,Block 12,"First Nat of Ship Harbor" See attached full legal Subject to restrictions, encumbrances, easements and conditions of record. which real property is not used principally for agricultural or farming purposes, together with all the tenements, hereditaments and appurtenances now or hereafter thereunto belonging or in any wise appertaining and the rents, issues and profits thereof. This deed is for the purpose of securing performance of each agreement of grantor herein contained, and payment of the sum of One Hundred Thousand Dollars & No/100 ($100,000.00) with interest, in accordance with the terms of a promissory note of even date herewith, payable to Beneficiary or order, and made by Grantor, and all renewals, modifications and extensions thereof, and also such further sums as may be advanced or loaned by Beneficiary to Grantor, or any of their successors or assigns, together with interest thereon at such rate as shall be agreed upon. DEED OF TRUST Page 1 To protect the security of this Deed of Trust,Grantor(s)covenant and agree: 1. To keep the property in good condition and repair; to permit no waste thereof; to complete any building, structure or improvement being built or about to be built thereon; to restore promptly any building, structure or improvement thereon which may be damaged or destroyed; and to comply with all laws, ordinances, regulations, covenants, conditions and restrictions affecting the property. 2. To pay before delinquent, all lawful taxes and assessments upon the property; to keep the property free and clear of all other charges, liens or encumbrances impairing the security of this Deed of Trust. 3. To keep all buildings now or hereafter erected on the property described herein continuously insured against loss by fire or other hazards in an amount not less than the total debt secured by this Deed of Trust. All policies shall be held by the Beneficiary, and be in such companies as the Beneficiary may approve and have loss payable first to the Beneficiary, as its interest may appear, and then to the Grantor. The amount collected under any insurance policy may be applied upon any indebtedness hereby secured in such order, as the Beneficiary shall determine. Such application by the Beneficiary shall not cause discontinuance of any proceedings to foreclose this Deed of Trust. In the event of foreclosure all rights of the Grantor in insurance policies then in force shall pass to the purchaser at the foreclosure sale. 4. To defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and to pay all costs and expenses, including cost of title search and attorney's fees in a reasonable amount, an any such action or proceeding and in any suit brought by Beneficiary to foreclose this Deed of Trust. 5. To pay all costs, fees and expenses in connection with this Deed of Trust, including the expenses of the Trustee incurred in enforcing the obligation secured hereby and Trustee's and attorney's fees actually incurred, as provided by statute. 6. Should Grantor fail to pay when due any taxes, assessments, insurance premiums, liens, encumbrances or other charges against the property hereinabove described, Beneficiary may pay the same, and the amount so paid, with interest, at the rate set forth in the note secured hereby, shall be added to and become a part of the debt secured in this Deed of Trust. 2 Ob07 1 11146 Skagit County Auditor 7/31/2006 Page 2 of 611:31AM DEED OF TRUST --- - Page 2 IT IS MUTUALLY AGREED THAT: 1. In the event any portion of the property is taken or damaged in an eminent domain proceeding, the entire amount of the award or such portion as may be necessary to fully satisfy the obligation secured hereby, shall be paid to Beneficiary to be applied to said obligation. 2. By accepting payment of any sum secured hereby after its due date, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to declare default for failure to so pay. 3. The Trustee shall reconvey all or any part of the property covered by this Deed of Trust to the person entitled thereto, on written request of the Grantor and the Beneficiary, or upon satisfaction of the obligation secured and written request for reconveyance made by the Beneficiary or the person entitled thereto. 4. Upon default by Grantor in the payment of any indebtedness secured hereby or in the performance of any agreement contained herein, all sums secured hereby shall immediately become due and payable, at the option of the Beneficiary. In such event and upon written request of Beneficiary, Trustee shall sell the trust property in accordance with the Deed of Trust Act of the State of Washington at public auction to the highest bidder. Any person, except Trustee, may bid at Trustee's sale. Trustee shall apply the proceeds of the sale as follows: (1)to the expense of the sale,including a reasonable trustee's fee and attorney's fee; (2) to the obligation secured by this Deed of Trust; (3)the surplus, if any, shall be distributed to the persons entitled thereto. 5. Trustee shall deliver to the purchaser at the sale his deed, without warranty, which shall convey to the purchaser the interest in the property, which Grantor had or had the power to convey at the time of his execution of this Deed of Trust and such as he may have acquired thereafter. Trustee's deed shall recite the facts showing that the sale was conducted in compliance with all the requirements of law and of this Deed of Trust, which recital shall be prima facie evidence of such compliance and conclusive evidence thereof in favor of bona fide purchaser and encumbrances for value. 6. The power of sale conferred by this Deed of Trust and by the Deed of Trust Act of the State of Washington is not an exclusive remedy; Beneficiary may cause this Deed of Trust to be foreclosed as a mortgage. 20060 � I�Ilfll {II��I�� 2 Skagit County Auditor 7131/2006 Page 3 of 611:31AM DEED OF TRUST -_ .__. ..._ ... .. _ . ... _ Page 3 7. In the event of the death, incapacity, disability, resignation or election of Beneficiary to re- appoint Trustee, Beneficiary may appoint, in writing, a successor trustee, and upon the recording of such appointment in the mortgage records of the county in which this Deed of Trust is recorded,the successor trustee shall be vested with all powers of the original trustee. The trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Grantor, Trustee or Beneficiary shall be a party unless such action or proceeding is brought by the Trustee against the Beneficiary or Grantor. 8. This Deed of Trust applies to, inures to the benefit of, and is binding not only on the parties hereto,but on their heirs, devisees, legatees, administrators, executors and assigns. The term Beneficiary shall mean the holder and owner of the note secured hereby, whether or not named as Beneficiary herein. illia ey, Mem er William L. Obrock,Member STATE OF WASHINGTON) COUNTY OF I certify that I know or have satisfactory evidence that William M. Baile and William L. Obrock,to m known to be the members d5.stnbed in and who e cuted the w' hin and foregoing instrument, an cknowledged that to lxfe that he signed the same his fre and voluntary act and deed for the use urposes t rein mentioned. SUBSCRIBED AIxD S 0 O before me by William M. Ilailey and William L. Obrock,on this ET day o , 006: +��,tt�tnrtr�i f qRY M 4i 1.- Tq r ID NOTAR P LIC• ct) 9 State of a ington My commission expires: s''-ZO — .��o� •,y•28'Zoo4+'�.` SFiING��` ��ri�ttttt�� limutimporpl , 2 06073 6 Skagit County Auditor DEED OF TRUST 7/31/2006 Page 4 of 811:31AM Page 4 STATE OF WASHINGTON COUNTY OF SKAGIT I certi that I Imop orhAv satisfa tory evidence that W/Il iQ!?'I in (,1J j/11 tt inL-. - (�,�j tO is the person who appeard before me, and sa. erson acknowledged that signed this instrument,on oath stated that Eloyeized to execu th instrument and ac�"kn,owledged it as of SU.fS.Q1U t COndOWl(n UfI1 to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. all tiff- op( La, Dated: osti **t pAY r 4/ Notary Public ��s s`° 7.0 sc�!, Name printed • � `�Ii F' My appointment expires: / ) ; IQ Or I i U4'tIL • O,c F1'2 8. IlIllttIj � II Ob � Skagit County Auditor 7/31/2006 Page 6 of 611:31AM • Order No.: IC39800 EXHIBIT"A" A portion of Block 12, FIRST PLAT OF SHIP HARBOR ADDITION TO THE CITY OF ANACORTES, as per plat recorded in Volume 1 of Plats, page 13, records of Skagit County, Washington, described as follows: Lots 9, 10, 11, 12, 13, 14, 15, 16 and the Northerly 40 feet of D Avenue lying Southerly and adjacent to Lot 9. Situated in Skagit County, Washington - END OF EXHIBIT"A" - 6 6 1111 2 73 4 Skagit County Auditor 7/31/2006 Page 6 of 611:31AM - (r i_ Si :_ ,1Y oliD: OR • Island Title Company '85 AUG 28 P :39 SA-4962 r • ?_ WARRANTY DEED RECORDED____FILED__ . • • REQUEST OF- : SE, 828O052 5 The Grantor, WILCO HAWAII, INC., a Hawaiian corporation, for 3 and in consideration of the sun of SIXTY-FIVE THOUSAND DOLLARS 3 ($65,000.00) in hand paid, receipt of which is hereby ' ' acknowledged, hereby conveys and warrants to SCOTT R. HUFFMAN and NATALIE M. HUFFMAN, husband and wife, the following described real estate, situated in the County of Skagit , State of 1 Washington, to-wit: Lots 5. 6, 11 and 12, Block 5, FIRST PLAT OF SHIP I HARBOR, according to the plat thereof recorded in .) Volume 1 of Plats, page 13, records of Skagit County; j SUBJECT. TO Easement recorded October 17, 1985, under Auditor's No. 8510170076, records of Skagit County, in i favor of Puget Sound Power & Light Company, for underground distribution and electric lines and 1 appurtenances thereto: affecting the East 7 feet; 4 ALSO SUBJECT TO reservation by the Grantor, its g successors and assigns, of an easement for underground ; drainage purposes, together with the right of ingress 1. and egress under, along and across the 12 foot alley .a platted in Block 5, FIRST PLAT OF SHIP HARBOR (now vacated) and the right to install, maintain, repair and i replace underground drainage pipe, pipes and/or conduit; i ' together with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in any wise appertaining. ' Dated this _ x _ day of August, 1986 . r WILCO HAWAII , INC. i Bt- , --- •- - - -- --- ! President r__ _ i ..f ort: , 3___`-{ ._;S -/ . ' - is > e a 1:d ' v ! ,. i a t I t 86 J8280052 voi_ FF;'i -,:'- 7n� i i , 4 1 4 v • ___...--_...-,--4..`. ?!. -" ,„,„,..,,,„.1...,,..- ..>-.-.o,-.n _ -. - '.*"^ .. -• _ - i • S STATE OF WASHINGTON ) • :SS COUNTY OF SKAGIT On this 014S/ day of August, 1986, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared WILLIAM CONKLIN, to me known to be the President of WILCO HAWAII, INC., the 3 corporation that executed the 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 he was authorized to execute the said instrument and that the seal affixed, if any, is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year -in this •rertificate above written. Notary Public in and for the State of • Washington, residing at Anacortes My appointment expires___ 3 • j VOL C G' PA:f!Z.J�j 8608280052 } • .. .....-. .,•.e�,yi.. ..: .. ,ti alma T-4 1 r - s When Recorded Return to: WILLIAM M. BAILEY DEBORAH A.BAILEY 0 1 11310 Farm to Market Road itt�g6@� im �� D I Mount Vernon,WA 98273 200 412 Auditor it County__ Page 1 of 3 3:45PM 1y30J2004Skag_ __ ___ _ Chicago Title Company-Island Division Order No:AE10504 MM / STATUTORY WARRANTY DEED IC33654 V THE GRANTOR OBROCKISUNSET,INC.,a Washington corporation for and in consideration of Fourteen Thousand and 00/100...($14,000.00)DOLLARS in hand paid,conveys and warrants to WILLIAM M.BAILEY the following described real estate,situated in the County of Skagit,State of Washington: Lots 9-16, Bik 4 & Lots 13-16, Blk 5, FIRST PLAT OF SHIP HARBOR SEE EXHIBIT A WHICH IS HERETO ATTACHED. Situated in Skagit County,Washington. Tax Account No.: P58939;P56935;P58950 Subject to:Restrictions, reservations and easements of record. Dated:December 29,2004 OBROCK/SUNSET,INC. /2�_/ /��O/Of By ii tam L.Obrock Date rilyn . 0 rock Date 73 President Vice President Or)c/ SKAGiT COUNTY WASHINGTON Heal Estate Excise Tax DEC 3 0 20C c/q.-1v Atnou,t yTreasuurrer Skagit County Deputy By: LPB No.10 . • • • STATE OF Washington }ss. COUNTY OF Skagit On this 30thday of December , 2004 before me personally appeared William L. Obrock and Jarilyn M. Obrock , to me known to be the Pres. and Vice—pres.of the corporation that executed 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 the y_were authorized to execute said instrument. Given under my hand and official seal this 30th day of December, 2004 !tzia Notary Public i an for the State of Washington. Name printed 7 ry *Ssa�fLa1d. MAR��i0 Residing at Attac rtes S /c0AA�q•,j',1��% 10-28-05 v,� is.,• � My commission expires .4C? 2rri S/pi 1-S A 3' a-n!co m, 9� a{-m Acknowledgement-Corporate s'L`: �,fib;r�o yysy�?oo5 '` +nxnmmatt SUSIMPSR3 Skagit County Auditor 2 °f 3 3:45PW 1213012004__Pa9e__.---- - Chicago Title Company-Island Division EXHIBIT'A' Description: Order No:AE10504 MM PARCEL A: • Lots 9 through 16, Block 4, FIRST PLAT OF SHIP HARBOR, according to the plat thereof recorded in Volume 1 of Plats,page 13,records of Skagit County,Washington; TOGETHER WITH the West one-half of alley as vacated under Ordinance No.1989,and recorded under Auditor's File No.8703190044,records of Skagit County,Washington. NOTE: Said instrument is a re-record of Auditor's File No.8608270037,records of Skagit County, Washington. Situated in Skagit County,Washington. PARCEL B: Lots 9, 10, and 13 through 16, Block 5, FIRST PLAT OF SHIP HARBOR,according to the plat thereof recorded in Volume 1 of Plats,page 13,records of Skagit County,Washington; TOGETHER WITH the West one-half of alley as vacated under Ordinance No.1989,and recorded under Auditor's File No.8703190044,records of Skagit County,Washington. NOTE: Said instrument is a re-record of Auditor's File No.8608270037,records of Skagit County, Washington. ALSO TOGETHER WITH all of B Avenue,abutting and lying between Blocks 4 and 5,as vacated under Ordinance No.2003 and recorded under Auditor's File No.8604010040,records of Skagit County,Washington,as would attach by operation of law. Situated in Skagit County,Washington. Skagit County Auditor 12/30/2004 Page 3 of 3.3_46PM_. . - J��p p When Recorded Return to: l81�8(im ��I��JMII! SUNSET VIEW CONDOMINIUM DEVELOPER,L.L.C. Skagit County1 0 William L.Obrock 7/15/2003 Page Auditor _______ 2 4:14PM Chicago Title Company-Island Division • Order No:AE9275 MM / STATUTORY WARRANTY DEED C27735✓ THE GRANTOR SHARON E.CLARK,as her separate estate for and in consideration of Eighty-Six Thousand Four Hundred and 00/100...($86,400.00) DOLLARS in hand paid,conveys and warrants to SUNSET VIEW CONDOMINIUM DEVELOPER,A WASHINGTON LIMITED UABILITY COMPANY the following described real estate,situated in the County of Skagit,State of Washington: SEE EXHIBIT A WHICH IS HERETO ATTACHED AND MADE A PART HEREOF. Situated in Skagit County,Washington. Tax Account No.: 3816-012-016-0005 P58982 Subject to:Restrictions,reservations and easements of record. Dated:July8,2003 3if? SKAGIT COUNTY WASHINGTON / Real Estate Excise Tax IDY/ Ciait/� 7/JCyo3 Porn SHARON E.CLARK Date IJUL 1 5 2063 Amount PaId$ I S37-i - Skagit County TreasDuteuty By: STATE OF NEW MEXICO COUNTY OF \.f P/44-/Z I certify that I know or have satisfactory evidence that SHARON E.CLARK the person(s)who appeared before me, and said person(s)acknowledged that they signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes therein mentioned in this instrument. Dated: cQQ3 Jth lit. ( Notary Public in and for the ate of•VlTTOt6 ,/./J .-_ ` Residing at date.fi- 0f�a . _ ,� ;;.i..: :1 • My appointment expire . S- 3/"/ .p�� 7lP6 No.10 :ram p a " • Chicago Title Company-Island Division EXHIBIT'A' Description: Order No:AE9275 MM A portion of Block 12,FIRST PLAT OF SHIP HARBOR ADDITION TO THE CITY OF ANACORTES,as per plat recorded in Volume 1 of Plats,page 13,records of Skagit County,Washington,described as follows: Lots 9,10,11,12,13, 14,15,16 and the Northerly 40 feet of D Avenue lying Southerly and adjacent to Lot 9. ALL Situated in Skagit County,Washington iii��it DWI, 5101121119II Skagit County Auditor 7J1_6 200E Page 2 of 2 4:14PM 4---•' - -'_"R'STREET(PER PLAT)-.- -- P_X_4. CI •O(o' /O 13 5 •I. LEGAL DESCRIPTIONS. e'g (BLACK S) ~Ir. „ KBTMY HILL 1) PEA"STATUTORY WARRANT(DEED"AF/9403240042: �� 1 tA12121SON A.VI.L. (NOT CONSTRUCTED) I- 591CC• A... 8• "A PORIIOH OF BLACK 12. FIRST FLAT OP SHIP HARBOR ADDITION TO THE CITY ,l�,, g•'•t'' OF ANACORTES, AS PER PLAT RECORDED IN VOLUME l OF PLATS,PACE 13, RpF. --.._._ "•SOB' 4S' 19"E_32LL9 (PLOT 3t1.00)•• 4 N}y PK ,a(14 P222 • RECORDS OP SKAGIT COUNTY, WASILIWIYON DESCRIBED AS POLLOWS: .1 H6S.245(165.D0) •/' I3].2L3(173.00) I5.00 LOT I, THE SOUTH SD FEET OF THAT PORTION OF HARRISON AVENUE ADJACENT ' • g I. .4.3CRBCD_�fILFA'_- TO LOT t AND THE WESTERLY 13 FEET OP SIAJNON POINT ROAD ADJACENT TO VACATED MAD Rio i R(OUL5I UT-- THAT PORTION OF HARRISON AVENUE DESCRIBED HEREIN AND ADJACENT TO THAT w\ $ PORTION OF HARRISON AVENUE DESCRIBED HEREIN AND ADJACENT TO LOT 1." "STATVTONT VORRNFF.''jj''ICED" SUBJECT TO: EASEMENT AND RESTRICTIONS OF RECORD." c (OFF 94032Go04I) 588'45' 19"E- 120.245(120.00) 2) PER"STATUTORY WARRANTY DEED"API 9403240041: 33.00 7' I20.245(120.00) gm , ''8m iw I" i "A PORTION Of BLOCK It, FIRST PLAT 0f SHIP HARBOR ADDITION TO THE CITY 1 4-5 1 Lab 8 OF ANACORTES, AS PEA PLAT RECORDED IN VOLUTE 1 OF PLATS, PACE 13, �o :-, ,; RECORDS OF SKAGII COUNTY, WASIIINCTON DESCRIBED AS FOLLODS: y~ .. . -: /..� •••N/6'44'13"W- 133.16-•• .•1 i' •' • a-- (I LOTS 2, 3,4, AND THE WESTERLY 13 FEET OF SHANTiON,POINT 1040 ADJACENT o. e$ c r ` ,I TO SATO HATS 2, 3.AND 4. gR1 s R ' gRz o (oS I..,1 SUBJECT TO: EASEMENTS AVD RESTRICTIONS OF RECORD." "STATUTORY WARRANTY DECO" > "' 2 3) PER"STATUTORY WARRANTY DEED"AEI 9403240044: • (AFT 9403340043) •' 0 "A PORTION OF BLOCK 12. FIRST PLAT OF SHIP HARBOR ADDITION TO THE CITY 8 1IFF•.�;�; e 1 4 a L OF ANACORTES, AS PER PLAT RECORDED IN VOLUI@ 1 OF PLATS. PACE 13, nl o ri °P.,n• 1'� 2 RECORDS OF SKACIT COUNTY, WASHINCTON DESCRIBED AS FOLLONS: '..1 ) IFEn M5 �P^q o o LOTS 9, 10, 11, 12, 13, IS, IS, 16, AND THE NORTHERLY 40 FEET OF h ,.+ ' 1:3 +•a.•E R q ➢AVENUE LY INC SOUTHERLY AND ADJACENT TO LOI 9. C S N�' SUBJECT T0: EASE/CENTS AND RESTRICTIONS OF RECORD." F. O` •••N88'41'S5"W- I3 1.26 A SITUATED IN THE CITY UNITS OF ANACORTES, SMCIT COUNTY, WASHINCTON. ..Y'7� til ENIL 5 e 0 11 .:-.:{4 .- "• "$TATITORT'WARRANTY DEED" wE, •'i. ' GENERAL I N F O R 11 A T 1 O H : �y 1. • (DPP 9401240044) IN P el SWI'^ „ - R 1 '' ES I ^ I) SURVEY OF SUBJECT PROPERTY AND TIE PREPAMTIOY OF THIS SURVEY MAP UAS '/T i T BASED ON THE FOLLOIIINC SOURCES: .... F_s` I V) A) INPOWNAT10N 51101M ON A60VE THREE(3) "STATUTORY UARRAVTY DEEDS" 't' l3LQCK 12 V` El ,4, iry =� i R) APPLICABLE INFORHATION SUgN ON THE"FIRST PLAT OF SNIP HARBOR" m F x 1 ICI rr '7 I (VOLUM. I-PACE 13). :I N , C) RE-ADJUSTED BLOCKS OF TUE FLAT OP THE"FIRST PLAT OF SHIP HARBOR", _ I AS SHOWN ON l"SURVEY*RAPT-RECORDED IN YOLUS@ 16 OP SOWERS AT PAGE ' 156ASI,IINC70.V ICIDER.AUDITOR'$FILE-NO. 9501306029, RECORDS OF SKAC)T COUNCY • o'$ 14 'Og 5 I W RR R lz'. PD.II)S(120.00) 31.919 ' D) CONCRETE(O:BDFi1T AND SURVEY HANGERS FOIFID AS SIIOLM ON THIS DRAWING. "i)" S11.11 1C1P:I' y! 21 VACANT UN-ISIPROVED PROPERTY. yACATED ROAD R1W (NOT CONSTJIIICTED) I o 3) NO UNDERGROUND CABLES. UTILITIES OR EASEMENTS (IF ANY) WERE LOCATED R l T,OD•� 120.105(120.00) -d )70.)05(I70.007 _,_, PK 0R SH01M ON THIS DMMHG. ... ._._._._._. .tea '- •••N88'41' 0S"W;•,323.61 (PRAT 323•DO}•-• '^f ''"" "' Ig • C 4) ACCORDING TO TIE CITY PLASASIT DIRECTOR, THE RE-DIVISIONS Of TATTED. •1,� uI, SUR-STANDARD LOTS, INTO BUILDABLE PARCELS-ARE NOT 5115IECT TO TIE R L U C C_1,1i '"^�w APPROVALS Of THE A:IAOSRTES CITY OFFICIALS. g 5) SUP.YEY EQUIPMENT USED-IIE1/LETT•PACKARD 3810-A (TOTAL STATION). _ SUNSET AVENUE VI"STREET)_. '''.1-4L•7 1000.00) 21 22 1/16 CORNER.•• _ N88'_ AT 36' S1"IA - )13.74 (FLU 323.00)••• -N/R• -•- _ IOO2.22 28 27 SYSIDOLSI BASIS 0 F DEARIUICI N.REBAR A CAP (SAT 3/11/99) ONE N0. 2 (SEE:CLV. INFO. NO. I-C) °' 50' 100' ISO'3U0' R 0•REFEREICE POINT PLAT OF SKY- . . .. • S C A L E: I" • 4 0 " .R/RO•R.AECROA1i-BttFt 1'oUID . (d•CONNCRETE FKINU:GIT(FOUND IN CASING) . SURVEY IN SESE SEC. 21 - ' 'vP- 3:iN - RAG- 1 E-, VV-NI. AUDITOR'S CERTIFICATE: LAND SURVEYOR'S CERTIFICATE: JAG%C. A OLIVE V.NACE • FILED NR ECOAD ON TSIS I TAY OF^ I, , 1999 1 NIBS MAP CORRECTLY REPRESENTS A SURVEY NODE BY P`PA'.S POR. 1i119 X.E. 23RD AVE. ' IS OR UNDER MT DIRECTION III CONFORMANCE WITH OWN�'V.{0 VA:TCOU'VER,LA 98686 TLC. (360) 574-4659 AT ' , Ill VOLID@ - OF SURVEY AT PA E I O AI�,� UNDER AUDITOR'S FILE NN@ER: 6. {-. 01 = �/. TIIE REQuIRE2ENIS I THE SURVEY RECONDINU ACT AT 1 SCALE )".40• DMIm AY: AL JOI N0, 2016-99 TIIE NLQULST OF: JAG%C. tUCE 4' DATE, 3/23/99 APPROVED BY: JV DMNING N0. - 1•• if us: }LARCH S, 1999 AT TIE REQUEST OF JOHN J. VAOAI. 1. _ f r ` DATED IN AVACORTES, LJUNt / 1999 %wt.`D�C1 °="n�DH set ABOVE '�• OO TB9\` JONN J. VAOA( 4 ASSOCIATES OIAN: \. • �B I_-J 6A/9RRAP:RA/ r I VADAI SE UNTY ITOR B1 .ErA.'. P6000, (360)293-9591 58°9 '•"D5 WY-SUITE'F.AVWVOIIR4,WA, SEl:RA515 OF 6MRTNC 1 CEATI ATE N0. 9616 v0\a,---" L.L(NR-V5 96 iy Twv I --'71�x_ -�•-s"'oaion•no••v_uvc__. ro _ Y 4 .I•--- - - - - R OBSERVATION AVENUE II II srII i _r .t` �ja 16 f r 7 y „•ar-1�l m�..p 1 u` ATayl_._n ___ .--,I I c R. 0.S11.0 C' T J`L----L»{"'I'-$-;� ,?_'h--+r---i ,. i - ► a 4A_ ..._ .4j�1 1 -i-• I 1 s -f- .tU :1 Ip f-1,-'--ti :_)_n__ i V. ;r• r --.. .. w--"_A I A 1 W 13 iS§I I✓ ;;-1,�;1---"504-1.�. _;. � rrs.-.v 1 _ w iad �1 k 1 — — Fs s�`� y z r'Ae�':'i I -r_ -,14r_ rove---,,'°' '� __ i_ I 1 �i 81 8 PAIIM A �{ 1. rau r.w QAI Al z MAX WP ' irf 37 1� S selxw a-*sn-Imr ; 1'..'.'.ap 'xle ri, tf a - I X o.v.ac 1 6, " if i ., • r u r.l.r : 'i` a•, �n 11 S 1pO51 In z i� TJIg�'b ti �'jZ! ;: i _ __ s ___,.__ s Iru'.r• .... 1 1 p•�Ips I +I • I r --_ - - y I 10 r • 38. ,1:: In; 1 -1 I L J L - - J I L ? P a�n t aat h �I a I rT.io = b 1/.:'.'�:P • w " ii m „, t P� I 4` .. 4 It I i; _s a„siiy a5x�?iron, +- 1 I` }1 �a----- op. WESTERN AVENUE ACIORE1t,!MIES -I I r 16 1 1 1 o,Roa ..o�requt tom.on r. van+e.s.•.00=C- .no ,6,w•A.41A.; .ser..2..4-•.wfi.-m1/ .. • 20.1_ _ ..n,.a.a,.r»..w.na...o I)5..• tOMS211 )tr AI AI•TRIPTION.loft +'cif w'n r in[rMN..7.n.! MOO a..uwo.s.r...c lalanLLIASAIL NAM '.vnu.or wn r .. , r oaf Et �wIf.mp MOM.�.uitrV i w�. P.IAw LEfror K.Ro....� ROOD....f WV EmAS I.AM On.Mooten O.fam0 WA. ..a Tema.bon Iwon.c jai.v0.' wows 6 dN-rZ .oa m •a�_w oyodMffR +02 'roa a �� n•m A ..aa.mr letZr.':M r .m..`mw+a .. ..,a'.uir".w.Ift .a 1..SOME RI t .%.i.�'ae1., Z.t.1ah'..�e76-.'wwa.ao p ^."1b y,"i ra�..."`i MP O 20 Mt lo:.'r:i Am./.xow.nro. MM..COMP CI WM MO ..W o ., .ter. rtPL.g nRM yrV�eN�'`o"r.n o w cn.wVn ti 11 rt!w ,... •.tA 1r.T.4!'»4!11 t".ah • r.0 or n a ' T. ft q.2,2.0 AO..002.20.1 SUNYSYO10 COMIVICATA AVDITDA•3 CLAM/WAIT BOUNDARY UNE ADJUSTMENT • reitra„rtr0;wro:.'e;,'"%te'":«'e. • •'t, re'°w" /: SUNSET COVE DEVELOPMENT L.L.C. reran .a v.•r<uo.0.r.t.n i amen ,.,.0 n n ter p')K ',J ..A earw.d VW scun.51 O,+n¢n 0,n¢SOJOCAsr polio µ'rrOu e ` /. Ac.w.21.M.P.}A wr..,RANG[I GAIT,v.v. AIM.•s.m. )'1 ( e.n.mart,'- ILONAAD,DOMINOS*Ad S%OWt.Die. lvr. .1•on0 .,0...1»0.»O U.K...¢.scan.O.r.! •.n //•Z/-f s G.SA�•�� W4 bT"-" roe m .01 ACV.a toy,sl,..v .inn.,a ws.f{,fwllx.!»� o e 000.l-I t When Recorded Return to: WILLIAM M.BAILEY DEBORAH A.BAILEY ` p ] 11310 Farm to Market Road Intk � �� 1 �1��I�� Mount Vernon,WA 98273 2004 12 0 1 Skagit County Auditor Page 1 of 3 3:45PM 1y30t2004----_-_------___---- - Chicago Title Company-Island Division Order No:AE10504 MM / STATUTORY WARRANTY DEED IC33654 V THE GRANTOR OBROCK/SUNSET,INC.,a Washington corporation for and in consideration of Fourteen Thousand and 001100...($14,000.00)DOLLARS in hand paid,conveys and warrants to WILLIAM M.BAILEY the following described real estate,situated in the County of Skagit,State of Washington: Lots 9-16, B1k 4 & Lots 13-16, B1k 5, FIRST PLAT OF SHIP HARBOR SEE EXHIBIT A WHICH IS HERETO ATTACHED. Situated in Skagit County,Washington. Tax Account No.: P58939;P5%935;P58950 Subject to:Restrictions, reservations and easements of record. Dated:December 29,2004 OBROCK/SUNSET,INC. /� ,/Cabi126i) 1C-,-a c[% /0o/0`/ Bym L.Obrock Date t arilyn . 0 rock Date President Vice President y70o1`I SKAGiT COUNTY WASHING T DN • Heal Estate Excise Tax DEC 3 0 20C Amount Yatd S a tl q.-10 SkagK County Treasurer By: L� �nuty LPB No.10 • STATE OF Washington }ss. COUNTY OF Skagit On this 30thday of December , 2004 before me personally appeared William L. Obrock and Jerilyn M. Obrock , to me known to be the Pres. and Vice-pres.of the corporation that executed the within and foregoing instnuent, 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 the were authorized to execute said instrument. Given under my hand and official seal this 30th day of December, 2004 Notary Public i an for the State of Washington. 400111"044Name printed ry 31aa.f;sld MAq`*% Residing at A1yac rtes 5 ctiMys•,: ` y f 4. My commission expires 10-28-05 Ot� G •9 ^ZtT- s-n fi? m�[+\9< amr , Acknowledgement-Corporate 3 a:r+ y9s`•;?005 ` a`� %h, GTON oo�``ar --miimntno • Skagit County Auditor 45PM Page 2 °f 1213012004_--.----------- Chicago Title Company-Island Division EXHIBIT'A' Description: Order No:AE10504 MM PARCEL A: Lots 9 through 16, Block 4, FIRST PLAT OF SHIP HARBOR, according to the plat thereof recorded in Volume 1 of Plats,page 13,records of Skagit County,Washington; TOGETHER WITH the West one-half of alley as vacated under Ordinance No.1989,and recorded under Auditor's File No.8703190044,records of Skagit County,Washington. •NOTE: Said instrument is a re-record of Auditor's File No.8608270037,records of Skagit County, Washington. Situated in Skagit County,Washington. PARCEL B: Lots 9, 10, and 13 through 16, Block 5,FIRST PLAT OF SHIP HARBOR, according to the plat thereof recorded in Volume 1 of Plats,page 13,records of Skagit County,Washington; TOGETHER WITH the West one-half of alley as vacated under Ordinance No.1989,and recorded under Auditor's File No.8703190044,records of Skagit County,Washington. NOTE: Said instrument is a re-record of Auditor's File No.8608270037,records of Skagit County, Washington. ALSO TOGETHER WITH all of B Avenue,abutting and lying between Blocks 4 and 5,as vacated under Ordinance No.2003 and recorded under Auditor's File No.8604010040,records of Skagit County,Washington,as would attach by operation of law. Situated in Skagit County,Washington. EFICIRIPPRI Skagit County Auditor 12/30/2004 Page 3 of 3 3.46PM When Recorded Return to: oald� , �� SUNSET VIEW CONDOMINIUM DEVELOPER,L.L.C. Skagit County William L.Obrock 7/15/2003 agitPag tyAoditor — — ---- 444PM Chicago Title Company-Island Division Order No:AE9275 MM / STATUTORY WARRANTY DEED C27735✓ THE GRANTOR SHARON E.CLARK,as her separate estate for and in consideration of Eighty-Six Thousand Four Hundred and 00/100...($86,400.00) DOLLARS in hand paid,conveys and warrants to SUNSET VIEW CONDOMINIUM DEVELOPER,A WASHINGTON LIMITED UABILITY COMPANY the following described real estate,situated in the County of Skagit,State of Washington: SEE EXHIBIT A WHICH IS HERETO ATTACHED AND MADE A PART HEREOF. Situated in Skagit County,Washington. Tax Account No.: 3816-012-016-0005 P58982 Subject to: Restrictions,reservations and easements of record. Dated:July8,2003 s 3 L!8 7 KAGIT COUNTY WASHINGTON //��0nn�, 7 /Je,// Real EstaPAID te Excite Tax -,A ,3 SHARON E.CLARK Date f JUL 15 20&3 Amount Paid S 1 C37-9ca- Skagit Country Deputy r By: '�/" STATE OF NEW M EXICOLL COUNTY OF L11.42/ I certify that I know or have satisfactory evidence that SHARON E.CLARK the person(s)who appeared before me, and said person(s)acknowledged that they signed this instrument and acknowledged it to be their tree and voluntary act for the uses and purposes therein mentioned in this instrument. Dull /6 Dated: Al03 . ..s Notary Public in and for the ate of•Vd t6 /e jeg Residing at e011ft- - 0 — My appointment expire ter- 3l/D� a LPB No_10 Chicago Title Company-Island Division EXHIBIT'A' Description: Order No:AE9275 MM • A portion of Block 12,FIRST PLAT OF SHIP HARBOR ADDITION TO THE CITY OF ANACORTES,as per plat recorded in Volume 1 of Plats,page 13,records of Skagit County,Washington,described as follows: Lots 9,10,11,12,13,14,15,16 and the Northerly 40 feet of D Avenue lying Southerly and adjacent to Lot 9. ALL Situated in Skagit County,Washington Skagit County Auditor 7/16l2003 Page 2 of 2 4:14PIV1 07/27/2007 15:08 FAX 360 424 0747 CHICAGO TITLE COMPANY MY l 009 C.IICAGO TITLE COMPANY (Member of the 1"idclity National Financial,Inc.group of companies) idclity National Financial Group of Companies 'rivacv Statement July 1,2001 We recognize and respect the privacy expectations of today's consumers and the requirements of applicable federal and slate privacy laws. We believe that matting you owere of how we use your non-public personal information("Personal information"),and to whom it is disclosed,will form the basis fore relationship of trust between us and the public that we serve. This Pr fvucy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business,we may collect Personal Information about you from the following sources: • From applications or other forms we receive from you or your authorized representative; • From your transactions with,or from the services being performed by,us,our affiliates,or others; e from our interttet web sites; • From the public records maintained by governmental entities that we either obtain directly from those entities,or from our aft'lttatcs or others;and • From consumer or other reporting agencies. Oar Policies Regarding the Protection of the Confidentiality and Security of Your Personal Information We maintain physical,electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion.We MUM access to The Personal Information only to those employees who need such access in connection with providing products or services to you or far other lcgitiittate purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Inlbrmation with our affiliates,such as insurance companies,agents,and other real estate settlement service providers, We also may disclose your Personal Information: • to agents,brokers or representatives to provide you with services you have requested; • to third-party contractors or service providers who provide services or perform marketing or other functions on our behalf;and e to others with whom we enter into Joint marketing agreements for products or services that we believe you may Pend of interest. In addition,we will disclose yogis Personal Information when you direct or give us permission,when we ore required by law to do so,or when we suspect fraudulent or criminal activities. We also may disclose your Personal Inform scion when otherwise permitted by applicable privacy laws such as,for example,when disclosure is needed to enforce our rights arising out of any agreement,transaction or relationship with you. One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information. Right to Access Your Personal Information and Ability To Correct Errors Or Request Changes Or Deletion Certain states afford you the right to access your Personal Information and,under certain circumstances,to find out to whom your Personal Information has been disclosed. Also,certain states afford you the right to request correction,amendment or deletion of your Personal Information. We reserve the right,where permitted by law,to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests must be made in writing to the following address: Privacy Compliance Of Beer Fidelity National Financial,inc. 4050 Calle Reel,Suite 220 Santa Barbara,CA 93110 Multiple Products or Services If we provide you with more than one financial product or service,you may receive more than one privacy notice from us. We apologize for any Inconvenience this may cuase you. 17(010 CHICAGO TITLE COMPANY MIT 07(27/ I0 p)115:09 FAX 360 42• 0747 '—"\ \ P117860 Pt 17861 P117862 P117863 A P117864 P11786 .117871 P1178E6 3117872 P1t78$7 1117873 ' Pi 17666 '117871 P11785g r 117875 P117870 11767E• Y. •■`"` MI'' 3' " .. STREET A.IQPENEQI J J ISP5893- ,, R b y 1 16Tr- a i Iw _16 t r Jb'_ ( r J5 1 --2 - --x ---• -� 15 P58J!�_PS 2 15 2 76 - f- �� d 3 18?' ti pt12 � - 1 P589 -j3-�o ey$� 4 _t3`ha0)*'' 1F- — -el i - _ 2 51 _ 5_ r e - - - r '3 1r 4 it ,w - +1!. P58923g ( Ji 6 -rf 6 t° .---- tG `, ,a459'> ' 10 2 ' - 71 �1o,-- 7 10 - 7 9 ,0 i'^' ,° 9 p'B) 'r 8 9 8 S 8. - i - 1e.3p' di - HE4 .- T. J r 8 rrwr..�w '•B" STREET (UNOPENED) X r+o LEGAL rump 1 Mi il9vcn 7 16- r i p5�°' 1 "tr.1t 6657, 1 1 1 P J6 f t i5-45---, r 2 J6P116651�r,- 2F '� 7 2, ) L^A - td _ �_ qa3 g `!4--c-l't _t+� ;;ri„ i ±1 IR P ,40'•A3 A K 11 .3` NO LEGAL FOUND i2 .i `-y ' 5 1(��J 12- a, J `"i8 ' -�- - �} _ ..,ca. 4 5-7 CI r • 1J 13511.57. 8 f1 e a ,, -a`'_ 6 i r1 4`' 6 a ii �- 10 10 7 Lu `-:; ' t 9 P`'��, "— 7 t 9 8 9 p��3106a 8 I" s r - � ' I 1r" •�- 1 0. L- �' U _1 �� p �1'06 g ----A" 4 HARRISON STREET (UNOPENED) �I '- �- - HARRISON S . i P1/8853 NO LEGAL FG '•: t ' 3 a(UNOPENED) P116098 RRlSONt ST, P113986 I- �C7 a"'4 3 18 V22 PG J, `6 06s�_ n, .Km�aaoa,aa,s ^ j iB l- f JL _ i ar__. _f5 2 ' 1;" 1. IS ,09 i 15p�`B° .-' 2 (1715 ,b°y� _ 7'- t' r _ e 5 is ti _ p��` 3' rd ; T;'�� W,yr *�i _a__-, - -v. re 1Q � 3 C 1�1 �' 3 - r 8 .1-4. -4:� 4 •1, 73QSg9 ',. ..j.,' 1 „13_, �.yf 0 ,3 4'1 g 13 -.9- 4- - J$ _ _ 5 12 ?r Btu 5 7249$ 4 5 12 L ---?5_ 7 F rt 6 f i�z�@`�� p�� "`^�_�:_ 6 P 1--,,,i .c_ S -- , -to 10_ __ ,49' 7 10 -_ , ___5;5 _f-until_ a .m_. __ 7 ip ^`' _�� 7, B �6 - S 8 —I we aen.e-'3 a 9 P58974j _ J �8 i I 6._ rAc,r)c- vs► - o" STFEE` nh �p�axaeo ,cx (UNQPENEI ,�+ 14 on° ,� „ f6 J p56983 1 fB o�d'�f�'°m' ��9 1 J6 g00o� �A�y 1. B L6 :°sm„zow, 1 4� 4� 0 J 15 _ 2 fb ysg514- -01 2 ib��' fro''- 2 `5P125338 2 9- 4- o r3 e 9 .-48 Saba a3_ i 4 22��4 -'0 -s— i3 17AI le ,- -7.- ; -''[23 - .a^ t____\ 4hah 4251 a43 f1Af2900g ¢02_ 6 1 ,- g1--105801F � _ �6_ iJu rdm..,,m, _ ii P59005 r I 10 p 86 PS8g$t71 10 p -_ . Qg 7 10 c38�- � �� r T �_ _ •_L._ 7 J Ws sketch Is furnished for infomadion woes only to assist In Property WW1 with reference to streets and other parcels.Ills not guaranteed as to 'curacythe company assumes n0 Nobility for any lose aooutkkg by reason of relkaraoi thereon. - 07/27/2007 15:05 FAX 300 424 0747 CHICAGO TITLE COMPANY MV 1001 0 CHICAGO TITLE COMPANY • IV Island Division FAX COVER LETTER DATE: DATET17ME FAXED: TO: km co Real 4.11 ATTN: 6j I.L TELEPHONE#: FAX#: 2-Gig 2-6 I FROM: PAGES: , counting this cover page The materials enclosed with this facsimile transmission are private and confidential and are the property of the sender. The information contained in the material is privileged and is intended only for the use of the individuals) or entity(lee) named above. if you are not the intended recipient, be advised that any unauthorized disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. if you have received this facsimile transmission in error, please Immediately notify us by telephone to arrange for return of the forwarded documents to us. REGARDING: I C 321i /Svn $fct THANK YOUR! 425 Commercial, PO Box 638, Mt Vernon WA 98273 Title Phone: 360.424.1700/Fax 360.424.0747 Escrow Ph: 360.424.1700/Fax 360.424.4458 07/27/2007 15:06 FAX 360 424 0747 CHICAGO TITLE COMPANY MV 11003 Order No.: ICG43211 SCHEDULE A EXCEPTIONS Continued: 4. Reservation of easement in favor of the City of Anacortes for utilities as disclosed by vacation ordinance recorded May 23, 1991, under Auditor's File No, 9105230042, records of Skagit County,Washington. Situated in Skagit County,Washington Affects: Parcel A 5. Record of Survey recorded June 14, 1999, under Auditor's File No. 9906140133, records of Skagit County, Washington. Affects: Parcel A 6_ Easement,including the terms and conditions thereof, granted by instrument(s); Recorded: February 8,2007 Auditor's No(s).: 200702080106, records of Skagit County,Washington In favor of: Chaffey Homes Inc. For. Temporary constructing roadway and sidewalk Improvements and Constructing related cuts and slopes Affects: Parcel A 7. Easement, including the terms and conditions thereof, granted by instrument(s); Recorded: February 8,2007 Auditor's No(s).: 200702080104, records of Skagit County,Washington in favor of: Chaffey Homes Inc_ For: Storm water drainage swale and associated drainage features Affects: Parcel A 8. Agreement, including the terms and conditions thereof; entered into; By: Chaffey Homes Inc. And Between: Sunset View Condominium Developer LLC Recorded: February 8, 2007 Auditor's No. 200702060106, records of Skagit County, Washington Providing: Dedication of real property and grant of easements Affects: Parcel A 9. Public and private easements, if any, over vacated portion of said premises. 10. Survey recorded December 8, 2000, under Auditor's File No. 200012080163, records of Skagit County, Washington. Affects: A portion of Parcel B continued 07/27/2007 15:06 FAX 360 424 0747 CHICAGO TITLE COMPANY MV 11004 ORDER NO.: 1CG43211 SCEIEDULS B EXCEPTIONS continued.: 11. Easement,including the terms and conditions thereof, granted by instrument(s); Recorded: October 17, 1985 Auditor's No(s).: 8510170076,records of Skagit County,Washington In favor of: Puget Sound Power&Light Company For. Electric transmission and/or distribution line,together with necessary appurtenances Affects: The East 7 feet of Parcel D 12. Easement, Including the terms and conditions thereof, reserved by instrument(s); Recorded: August 28, 1986 Auditor's No(s).: 8608280052, records of Skagit County,Washington In favor of: Scott R. Huffman and Natalie M. Huffman, husband and wife For. Underground drainage with right of ingress and egress Affects: Parcel D 13. Deed of Trust, including the terms and conditions thereof, securing an indebtedness of $100,000.00; Dated: July 27, 2006 Recorded: July 31, 2006 Auditor's No.: 200607310148, records of Skagit County,Washington Grantor: Sunset View Condominium Developer, L.L.C. Trustee: First American Title Company Beneficiary: Roger and Leslie Jungquist, husband and wife Affects: Parcel A 14. Option to Purchase disclosed by recitals contained in instrument; Dated: January 15,2006 Recorded: February 8, 2007 Auditor's No.: 200702080106, records of Skagit County, Washington In favor of: Chaffey Homes Inc. Affects: Parcel A 15. Terms and conditions of the Limited Liability Company under which title is vested. Affects: Parcel A 16. Liability to future assessments, if any, levied by City of Anacortes. continued 07/27/2007 15:07 FAX 360 424 0747 CHICAGO TITLE COMPANY MV 2005 ORDER NO.: 1CG43211 SCHEDULE B EXCEPTIONS continued: 17. Delinquent general taxes for 2007. Amount Due: $1,434.43, plus all interest and penalties Account No.: 3816-012-016-0005 Property No.: P58982 Located in: the City of Anacortes Affects: Parcel A 18. The Skagit County Assessor's records indicate that general taxes for are exempt. Account No.: 3816-004-010-0016 Property No.. P58935 Affects: A portion of Parcel 8 19. The Skagit County Assessor's records indicate that general taxes for are exempt. Account No.: 3816-004-016-0036 Property No.: P58939 Affects: A portion of Parcel B 20. General taxes for 2007 have been paid. Amount: $4.22 Account No.: 3816-005-016-0066 Property No.: P58950 Located in: the City of Anacortes Affects: Parcel C 21_ General taxes for the second half of 2007, which become delinquent November 1$1, if unpaid. Amount Due: $1,123.07 Total Amount: $2,248.14, billed for 2007 Account No.: 3818-005-018-0116 Property No.: P58952 Located In: the City of Anacortes Affects: Parcel D continued 07/27/2007 15:07 FAX 380 424 0747 CHICAGO TITLE COMPANY MV 0 006 ORDER NO__ 1CG43211 SCHEDULE B EXCEPTIONS continued: 22. According to the Skagit County Assessors Rolls the property address is: 2612 Shannon Point Road Anacortes WA 98221 23. If an abbreviated legal description is required, it can read as follows: Lots 9-16,Blk. 12, Lots 9-16, Mk_4, Lots 13-16, Blk. 5, and Lots 5, 6, 11 and 12, Blk_ 5, FIRST PLAT OF SHIP HARBOR 24. The legal description in this commitment is based on infonriation provided with the application and the public records as defined in the policy to issue. The parties to the forthcoming transaction must notify the title insurance company prior to closing if the description does not conform to their expectations. -END OF SCHEDULE A- KDS/rrp 1 cc:Anaco Realty Attn; Bill Obrock Countersigned Authorized Signatory ue;zrrCUu7 15;05 FAX 360 444 O1*7 CHICAGO TITLE COMPANY my MODE Chicago Title Company - island Division Subdivision Guarantee Schedule A Liability: $1,000.00 Order No: ICG43211 Dated: JULY 9, 2007 Fee: $200.00 Reference: Tax: $16.00 Name of Assured: SUNSET VIEW CONDOMINIUM DEVELOPER, a Washington Limited Liability Company, WILLIAM M. BAILEY and SCOTT R. HUFFMAN and NATALIE M. HUFFMAN, husband and wife The assurances referred to on the face page are: That, according to those public records which, under the recording laws, impart constructive notice of matters relative to the following described real property: SEE EXHIBIT'A'WHICH IS ATTACHED HERETO. Title to said real property is vested in: SUNSET ViEW CONDOMINIUM DEVELOPER, L.L.C.,a Washington Limited Liability Company as to Parcel A; WILLIAM M. BAILEY, presumptively subject to the community interest of his spouse if married on December 30,2004, as to Parcels B and C`, and SCOTT R. HUFFMAN and NATALiE M. HUFFMAN, husband and wife, as to Parcel D subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in the order of their priority. Exceptions: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Unpatented mining claims; reservations or exceptions in the United States Patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 3. Title to any property beyond the lines of the real property expressly described herein,or title to streets, roads, avenues, lanes,ways or waterways on which such real property abuts, or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement; cr any rights or easements therein unless such property, rights or easements are expressly- and specifically set forth in said description. COHO DEVELOPMENT DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS COHO ESTATES-Lots 1,2,3,&4 ANACORTES,WASHINGTON July 26,2007 THIS DECLARATION ("Declaration") is made on the date hereinafter set forth, by the undersigned as "Declarants": RECITALS WHEREAS Declarants are the owners of certain real properties in the City of Anacortes, Washington, as described in attached Exhibit A, hereafter referred to as "the Property"; and WHEREAS, Declarants desire to protect the value and desirability of the Property by subjecting the real properties described in attached Exhibit A hereafter referred to as "the Subject Property" to easements, covenants, conditions and restrictions, hereafter referred to as "CC&R's"; and WHEREAS, Declarants desire to allocate the right and expense attendant to enforce the CC&R's on the Subject Property amongst all the Owners of the Property by creation of a governing body empowered to, amongst other things, make assessments. NOW, THEREFORE, Declarants hereby declare that all of the Property and such properties as are annexed and/or made subject hereto by Declarants shall be held, sold, and conveyed subject to the CC&R's and other provisions hereinafter set forth. These CC&R's and other provisions are intended to protect the value and desirability of the Property, and such properties as are annexed and/or made subject hereto by Declarants. They shall run with the aforementioned Property and shall be binding on all parties having or acquiring any right, title, or interest in said Property or any part thereof, as well as their heirs, successors, and assigns. They shall inure to the benefit of each present or future owner of the aforementioned real properties: I. DEFINITIONS 1.1 "Association" shall mean and refer to the COHO ESTATES HOMEOWNERS ASSOCIATION, which is comprised of the owners of the Parcels created within the Property, each of which is designated for a residential living unit, their successors and assigns. - 1 - • • 1.2 "Board" shall mean the governing body of the Association as set forth in its Articles of Incorporation. 1.3 "Common Area Easements" shall mean (i) any open spaces, greenbelts, landscaped entrances, planter islands, common parking areas, signs, and all other areas which are designated as common areas within the Subject Property; (ii) land which the Declarants shall grant or convey to the Association for use and maintenance as a "Common Area;" and (iii) any other property which is obtained by the Association for the purposes provided in these CC&R's. Common Area shall include improvements such as fences, utility equipment, or other improvements upon easements held by the Association for common use by Members. 1.4 "Declarants" shall mean and refer to all of the owners of the real properties described in Exhibit "A", and their successors and assigns designated by Declarants. 1.5 "Declaration" shall mean and refer to this Declaration of Covenants, Conditions, and Restrictions applicable to the Property, as recorded in the Office of the County Auditor of Skagit County, Washington, and all subsequent amendments thereto. 1.6 "Designated Representative" or "Representative" shall mean the single representative of each sub-association, corporation, partnership, or other joint or common Owner. Each Representative shall be the Owner or an employee of, or agent retained by, an Owner. 1.7 "Development Period" means the period of time from the recording of this Declaration until all of the land within the Subject Property has been sold by the Declarants, or January 1,2015, whichever comes first. 1.8 "Lender" shall mean all mortgagees, beneficiaries under a deed of trust, or lender under a real estate contract, secured by an interest in any Lot, and their successors and assigns for security purposes. 1.9 "Lot" or "Parcel" shall mean and refer to each plotted area shown on the recorded map(s) of the Property designated for a residential living unit. Each separate plotted lot counts as one lot, even if it is combined with others under one ownership. 1.10 "Map" shall mean a recorded plot map of any portion of the Property, and any project map given to a purchaser of a Lot within the Property by a Declarant. 1.11 "Member" or "Membership" shall mean and refer to those persons entitled to membership in the Association as provided in Section II herein. -2 - 1.12 "Owner" shall mean and refer to record holders of a fee interest and contract purchasers who are in possession of a Lot. Declarants shall be considered the Owners of all Lots which they have not yet sold, or which they reacquire. 1.13 "Subject Property" shall mean the property described in Exhibit A, and refer to certain real property abutting Coho Lane and as may hereafter be subjected to and brought within the jurisdiction and controls of the Association and this Declaration as provided herein. II. THE ASSOCIATION,MEMBERSHIP,AND VOTING RIGHTS THEREIN 2.1 Every Owner of a Lot shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot. All owners of each Lot, shall be entitled to one vote for each Lot owned. Declarants shall be entitled to four votes for each Lot owned. The Association shall be administered in accordance with this Declaration and its By-Laws, a copy of which shall be supplied each property Owner. 2.2 The right of the Association to charge reasonable fees for the use of any facility the Association might in the future wish to create. 2.3 The purpose of the assessments shall be to pay for any of the following that may be required: maintenance of roads; maintenance and beautification of the Common Areas and subsequent improvements; if any, (even those areas dedicated to the City of Anacortes) insurance; real estate taxes; utility costs, capital improvements and such other charges that are necessary to promote the health, safety and general welfare of all the residents of the Property. 2.4 Written notice of any meeting called by the Declarants or the Board for the purpose of taking any action authorized in this Section II shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting. For any such meeting called, the presence of members or proxies entitled to cast fifty-one percent (51%) of the eligible votes shall constitute a quorum. A sixty- seven percent (67%) majority of the votes cast are required to establish a special assessment and a simple majority of the votes cast are required to establish the maintenance assessment and use fees. 2.7 Assessments are personal obligations. In addition to constituting a lien on the Lot, all sums assessed by the Association chargeable to any Lot, together with interest, late charges, costs and attorney's fees in the event of delinquency, shall be the joint and several personal obligations of the Owner and any contract purchaser of the Lot when the assessment is made and their grantees. Suit to recover personal judgment for any delinquent assessment shall be maintainable without foreclosing or waiving the liens securing them. 2.8 Both annual and special assessments must be fixed at a uniform rate for all Lots. -3 - III. ARCHITECTURAL CONTROL COMMITTEE Note: No building permit will be issued without written approval of the ACC. 3.1 Members. There is hereby established a 3-person Architectural Control Committee ("ACC"). Persons serving on the ACC shall be initially selected by Declarants and said persons or their replacement(s) selected by Declarants shall serve until the end of the Development Period, unless such right is earlier relinquished by Declarants by notice in writing mailed to the Association. After the end of the Development Period, or after Declarants have fully relinquished their right to select the ACC, the Association shall select its own ACC in the manner set forth in the Association's documents. 3.2 Sub-Committees. The ACC may appoint any number of sub-committees to carry out its duties; provided such sub-committees shall be advisory only, without authority to bind the ACC. 3.3 Guidelines. By majority vote, the ACC may adopt rules and "Design Guidelines" consistent with this Declaration for carrying out its duties hereunder. Each Owner shall be obligated to be familiar with said rules and Design Guidelines. The ACC may retain architects, landscape architects, engineers, and other agents and employees to assist it in carrying out its activities. 3.4 Review Fee. An architectural review fee shall be paid to the ACC at the time plans and specifications are submitted to it, based upon the following schedule: 3.4.1 When the plans submitted are prepared by a registered architect or a builder previously approved by the ACC, the review fee shall initially be the sum of One Hundred Dollars ($100); said fee may be changed by the ACC. 3.5 Purpose. The purpose of the ACC shall be to ensure that (i) only high quality improvements are constructed within the Subject Property; (ii) all improvements within the Subject Property comply with the spirit of this Declaration and are in harmony with one another and the surrounding streets and topography; and (iii) that all improvements meet the restrictions and requirements of this Declaration and all ACC rules and Design Guidelines. 3.6 Written. All acts and decisions of the ACC as contemplated herein shall be in writing. -4- IV. APPROVAL REQUIREMENTS 4.1 Improvements. No improvements of any kind shall be erected, placed, altered, or permitted to remain on any Lot in the Subject Property by any Owner or occupant without approval of final plans and specifications therefore by the ACC; provided, however, that the ACC shall exercise its authority and responsibility under this Section IV in good faith and to the best of its reasonable judgment as to allow the construction of improvements which meet the terms of this Declaration. Such plans and specifications shall be submitted in duplicate, signed by an authorized agent of the Owner submitting them. Such plans and specifications shall contain at a minimum the following information: 4.1.1. A site development plan showing pad location and the nature, shape, composition, and location of all structures with respect to the particular Lot (including proposed front, rear, and side setback lines), and the number and location of all parking spaces and driveways, site lighting, heat pumps, or similar exterior mechanical components, sports courts, utility sheds, and signs. 4.1.2. Grading and storm drainage plans. 4.1.3. Landscaping plan, fences. See fence detail (Exhibit"A") Address height restrictions concerning plants, shrubs and trees in Landscape plan using (Exhibit "A") 4.1.4. Building elevations showing dimensions, materials, and exterior color scheme in no less detail than required for the issuance of a building permit. 4.1.5. Preliminary plans for pad location and driveways shall be reviewed with the ACC before the working drawings stage of plan preparation. 4.1.6. Approval of such plans and specifications shall be evidenced by written endorsement on such plans and specifications, a copy of which must be received by the Owner or Owners of the Lot upon which the prospective building, road, driveway, or other structure is contemplated prior to the beginning of such construction. 4.1.7. No changes or deviations in or from such plans and specifications as approved shall be made without the prior written consent of the ACC. 4.1.8. The ACC shall not be responsible for any structural defects in such plans or specifications or in any building or structure erected. 4.1.9. Any of the above documents which are required to be submitted to the government shall be first submitted in duplicate to the ACC for its -5 - approval. Any changes required by the government are also subject to approval by the ACC. 4.2 Basis for Approval. Approval shall be based, among other things, upon adequacy of site dimensions, underground utilities, conformity, harmony of external design with neighboring structures, effect of locations and use of proposed improvements upon neighboring Lots, adequacy and nature of screening of mechanical, or other roof top installations, and conformity of plans and specifications to the purposes and general intent of this Declaration. Plans which provide for pre-engineered metal-clad buildings will not be approved; designs developed by an architect may be approved by the ACC after submission of preliminary plans. Except as otherwise provided herein, the ACC shall have the right to disapprove any plans and specifications for reasons including,but not limited to, the following: • 4.2.1 Failure to comply with any of the terms and conditions of this Declaration, of the ACC's rules or Design Guidelines; 4.2.2 Failure to include information as may have been reasonably requested by the ACC; 4.2.3 Objection to the exterior design, appearance of materials, or type of materials utilized in any proposed structure; 4.2.4 Objection due to incompatibility of any proposed structure of use with other existing or proposed structures or uses within the Property; 4.2.5 Objection to the location of any proposed use or structure with reference to other existing or proposed structures or uses within the subject Lot; 4.2.6 Objection to grading, draining, or landscaping plan; 4.2.7 Objection to the color scheme, finish, proportions, style of architecture, height, bulk, or appropriateness of any structure; 4.2.8 Objection to the number or size of parking spaces, or to the design of the parking area or driveway(s); and 4.2.9 Any other matter which, in the judgment of the ACC would render the proposed improvements or use inharmonious with the intent of this Declaration. 4.3 Inaction. If the ACC fails either to approve or disapprove plans and specifications within forty-five (45) days after submission, it shall be conclusively presumed that the ACC has approved said plans and specifications; provided, however, that if within that 45-day period the ACC gives written notice that more time is required for the review, no such presumption shall be made until the expiration of any -6- reasonable period of time stated in the notice, which period shall not exceed ninety(90) days. 4.4 Conditions to Approval. The ACC may approve plans and specifications as submitted, or as altered or amended, or subject to specific conditions. Upon approval or conditional approval, one copy of plans and specifications, together with any conditions, shall be retained for permanent record with the ACC, and one copy of approved plans and specifications, together with any conditions, shall be returned to the Owner submitting such plans and specifications. 4.5 Variances. The ACC shall also have authority to approve plans and specifications which do not necessarily conform in every respect to these restrictions, in order to overcome practical difficulties or to prevent hardships in the application of these or subsequent restrictive covenants; provided that such variations so approved shall not constitute a general waiver of restrictions generally applicable to that or any other Lot, but instead shall be in furtherance of the purpose and intent of this Declaration. 4.6 Contractors. All contractors building within the Subject Property must first obtain approval from the ACC. First time builders must have a Pre-Bid Conference with the ACC to review plot requirements and these Declarations. Following that initial conference, all contractors shall comply with all ACC and other provisions contained herein. 4.7 Construction without Approval. If any improvements be erected, placed, or maintained upon any Lot in the Subject Property, or any new use commenced upon any Lot in the Subject Property, other than with approval by the ACC or as authorized under the terms of this Declaration, such improvement or use shall be deemed to have been undertaken in violation of this Declaration. Upon written notice from the ACC, any such improvement shall be immediately removed, altered, or cease so as to conform to this Declaration. Should such removal, alteration, or cessation not be accomplished within thirty (30) days after notice, then the party in breach shall be subject to the enforcement procedures set forth in Section VII below. 4.8 Pre-Acquisition. For purposes of this Section IV alone, a party executing a purchase agreement for a Lot in the Subject Property may begin the approval process before closing on the Lot in the Subject Property, and actions taken with respect thereto by the ACC shall be binding in the event such prospective purchaser subsequently acquires that Lot in the Subject Property. V. BUILDING RESTRICTIONS 5.0 Construction Requirements. Any single-family private dwelling house erected upon any Lot in the Subject Property shall contain at least 1,800 square feet of -7- floor area for single-story residences and 2,200 square feet for two-story residences (excluding garages, covered walks, and open porches), and shall be only Composition, Presidential or better and approved by the ACC. 5.1.0 View. Views from all lots will be safeguarded. Building height restrictions are designated for each individual lot on attached drawing "A" 5.1.1 Fences. Fences can only be placed behind the front building line. Chain link fences are not acceptable except for approved dog runs. All fences to be approved by the ACC. 5.1.2 HVAC. No evaporative cooler or heat pump shall be placed, installed, or maintained on the roof or wall of any building or structure on a single- family Lot in the Subject Property, and all such shall be concealed. 5.1.3 Driveways. All driveways shall be surfaced with concrete or brick pavers with a finish approved by the ACC, and shall be completed within the same time frame applicable to building construction; there will be no exceptions unless authorized by the ACC. No carports are permitted. 5.1.4 Garage. Without prior approval of the ACC, no garage or other outbuilding shall be placed, erected, or maintained upon any part of the Subject Property except for use in connection with a residence already constructed or under construction at the time that such garage or other outbuilding is placed or erected. See 5.1.3. 5.1.5 Occupancy. No private dwelling house erected upon any Lot in the Subject Property shall be occupied in any manner while in the course of construction, nor at any time prior to its being fully completed, as required herein. Nor shall any residence, when completed, be in any manner occupied until made to comply with the approved plans, the requirements herein, and all other covenants, conditions reservations, and restrictions herein set forth. 5.1.6 Completion Schedule. All construction shall be completed within nine (9) months from the start thereof, provided, that the ACC may extend such time when conditions in its opinion warrant such extension. All landscaping and drainage work shall be completed as approved within six (6) months of completion of the main residence building, unless approved for an extension of up to three additional months by the ACC. 5.1.7 Rental. Separate rental of any guest house or "apartment" within or associated with a house is prohibited, the occupancy thereof being limited to either guests or household staff. -8- 5.2 Proceeding with Work. Upon receipt of approval from the ACC, the Owner shall, as soon as practicable, satisfy any and all conditions of such approval and diligently proceed with the commencement and completion of all approved excavation, construction, and alterations. 5.2.1 Delay/Revocation. In all cases, work shall commence within one (1) year from the date of approval. If work is not so commenced, approval shall be deemed revoked unless the ACC, pursuant to written request made and received prior to the expiration of said one (1) year period, extends that period of time. 5.2.2 Contractor. No improvements may be made on any Lot in the Subject Property by a contractor other than by one properly licensed under the laws of the State of Washington, unless prior approval of that contractor has been given by the ACC. 5.3 Completion of Work. Any improvement commenced pursuant hereto shall be completed within twenty-four (24) months from the date of approval of the plans and specifications therefore by the ACC; provided, that such twenty-four (24) month completion period shall be automatically extended for a period of time equal to the time such improvements are delayed or prevented from being completed due to strike, fire, national emergency, natural disorder, or other supervening force beyond the reasonable control of Owner or if completion of the proposed improvements would impose a great hardship upon the Owner. Failure to complete the proposed improvements within the required time period, as extended, shall constitute a breach of this Declaration and the party in breach of this Section shall be subject to the enforcement procedures set forth in Section VII. 5.4 Temporary Buildings. The type, number, and location of any trailer, temporary building, or other temporary structure allowed under this section shall be determined by the ACC, in its sole discretion. 5.4.1 Trailers, temporary buildings, and the like shall be permitted only for construction purposes during the construction period of permanent improvements. Such structure shall be placed as inconspicuously as practicable, shall cause no inconvenience to Owners or occupants of other Lots, and shall be removed not later than thirty (30) days after the date of substantial completion or beneficial occupancy of the improvement for which the temporary structure was used. 5.4.2 The ACC may approve the use of a trailer or temporary building on a Lot in the Subject Property as a sales, leasing, or development office. 5.5 Laws and Regulations. Each owner shall comply with all laws, regulations, and ordinances of any federal, state, or local government entity with jurisdiction over -9- the Subject Property. Each Owner shall also comply with all of the terms and conditions approved by City of Anacortes for the Property. VI. LAND USE RESTRICTIONS 6.1 Regulations. Each Owner shall comply with all laws,regulations, ordinances, and orders of competent public authorities applicable to the Subject Property and the Owner's building site. Each Owner shall also comply with all of the terms and conditions of the plats, building permits, and all other permits and approvals given by public authorities. 6.2 Subdividing. No Lot in the Subject Property may be subdivided. 6.3 Vehicles and Boats. No trucks, tractors,bulldozers, other heavy equipment,boats, utility trailers, motor homes, travel trailers, or similar recreational or utility vehicles may be stored on any Lot in the Subject Property unless they have been garaged in a manner acceptable to the ACC in its sole and unfettered discretion; such uses are not favored within the Subject Property. 6.4 Parking. Driveways and access roads shall not be used for parking. 6.5 Waste Material. No Lot in the Subject Property shall be used as a dump for trash or rubbish of any kind. All garbage and other waste shall be kept in sanitary containers for proper disposal. The Owners of the Lots in the Subject Property shall provide regular sanitary disposal for all garbage and rubbish. Rocks, dirt, brush, grass, and other materials generated as a result of landscaping or maintenance shall not be dumped into the roads or setback areas. 6.6 Temporary Structures. No garage or structure of a temporary character, including mobile homes, trailers, campers, tents, or motor vehicles shall be used on any Lot in the Subject Property at any time as a permanent residence. 6.7 Animals. No animals other than dogs or cats may be kept within the Subject Property, except small household domestic animals or birds kept only inside a residence. 6.7.1 The total number of dogs shall not exceed two (2) per Owner and the total number of cats shall not exceed three (3) per Owner. Dogs shall not be allowed to run free; they shall be kept on a leash, tied up, or in a fenced enclosure approved by the ACC. 6.7.2 In no event shall the keeping of any animals result in inappropriate noise, odor, debris, or a public nuisance or annoyance to the Owners of adjacent lots as determined within the sole and unfettered discretion of the Board, particularly barking dogs. Any barking of a repetitious, habitual, or consistent nature shall be considered a nuisance and shall not be allowed. - lo- 6.7.3 The Board itself may at any time remove or require the removal of any animal which it finds is disturbing other Owners unreasonably or which animal does not come within the definition of animals allowed on the Owner's premises. 6.8 Signs. No sign of any kind shall be displayed to the public view on any Lot in the Subject Property except for: one sign of not more than six square feet advertising the Lot in the Subject Property for sale. Exceptions must be approved by the ACC. 6.9 Site Grading 1. Existing Topographic forms should be maintained as much as possible. Where existing topography must be modified to create level outdoor use areas the site shall be incrementally terraced to minimize the visual impact of embankments. 2. If retaining walls or rockeries are used to provide outdoor use areas or to preserve trees, installation of vines, shrubs or other suitable plants may be required by the ACC so as to cover the face of the wall. Rock for all rockeries shall be light gray in color. 3. Specific attention must be paid to finished floor elevations and roof peak elevations. These elevations must be consistent with the natural contours of the surrounding lots and homes. The setback from the roadway must also be compatible with the homes on adjacent lots. 4. Roof and yard drainage shall be directed away from adjacent lots and toward the street or other specifically provided drainage systems whenever possible. Roof drainage shall be connected to the storm drain system via underground pipe. The storm systems have been designed to accommodate these flows. 6.10 Vegetation 1. Supplemental planting of vegetation is required, provided that appropriate species are selected. These include native or naturalized trees, shrubs, and groundcovers that naturally occur at the edge of forest clearing, such as vine maple (Acer Circinatum), Pacific Dogwood (Corpus Nattillii), Red- flowering Current (Ribes Sanguineum), Rhododendron species, etc. (Suggested reference: Gardening with Native Plants of the Pacific Northwest by Arthur R. Kruckberg. Seattle: University of Washington Press, 1982) - 11 - 2. Each lot owner must provide screening type landscaping of a mixture of flowering shrubs, evergreen shrubs, ground cover and no less than four 2" caliper trees, which may be coniferous or ornamental. Screening type landscaping shall be provided along side lot lines between structures as required by the current City of Anacortes Landscaping Ordinance. 3. Overall aggregate landscaping shall equal 20% of plat area. The City of Anacortes shall have the authority to oversee the required area is maintained. 4. All landscaping on a lot must be completed within six months from the date construction of the house commences. 5. Any trees, shrubs or brush planted by the property owner or naturally occurring shall not exceed the height restrictions designated for each individual lot on attached (Exhibit"A"). 6.11 Drainage. No drainage water on any Lot in the Subject Property shall be diverted or blocked from its natural course so as to discharge onto another Lot in the Subject Property or the roadway easement except by Declarant or the City of Anacortes as provided herein. 6.12 Sewage. No individual sewage disposal system shall be permitted on any Lot in the Subject Property. 6.13 Nuisances. No noxious or offensive activity shall take place on any Lot in the Subject Property, nor shall any action or inaction on a Lot in the Subject Property cause an annoyance or nuisance to the neighborhood. No Lot in the Subject Property shall be used in whole or in part for the storage of rubbish of any character whatsoever, nor for the storage of any property or thing that will cause such Lot in the Subject Property to appear in an unclean or untidy condition or that will be obnoxious to the eye; nor shall any substance, thing, or material be kept or operated upon any Lot in the Subject Property that will emit foul or obnoxious odors, or that will cause any noise that will or might disturb the peace, quiet, comfort, or serenity of the occupants of surrounding property. In particular, inoperable vehicles or unsightly devices of any kind shall not be stored on any Lot in the Subject Property in view of the roadway of the homes of other Owners. 6.14 Structures 1. Dwellings and related structures must have exteriors (including roofs) of materials appropriate to the Northwest, consistent with the character of the forest edge. This included natural wood sidings, shakes, shingles, brick and other rough materials. Stucco is acceptable as a principal exterior material but will require a close review by the ACC due to its contrasting nature. Use of natural wood stains is preferred. Colors of paint, wood stain, stone and brick - 12 - require approval from the ACC. Composition roofs to be Presidential type or better. 2. Concrete foundation wall shall be concealed or clad with siding or masonry materials consistent with the exterior finishes. Concrete finishes appropriate to the structure may be accepted by the ACC. • 3. The overhang areas and/or supporting structures of all decks within 6 feet of the ground plane shall be concealed from view with siding, lattice or similar skirting material consistent with the exterior finishes of the dwelling. 4. Unless approved by the ACC in writing, swimming pools shall not be nearer than 30 feet to any lot line and shall not extend more than 3 feet above the established final grade. 5. Garbage cans,hot tubs, heat pumps, wood piles and the like shall be screened from view and provisions made for sound attenuation. Clotheslines must be fold-up or retractable styles and must be completely out of sight when not in use. Clotheslines shall not be used in a location that can be viewed from the road. 6. Acceptable driveway materials are: a. Stamp textured concrete b. Exposed aggregate concrete c. Unit pavers d. Grass-crete or similar product. 7. Residences shall be designed in such a way that the entrance façade incorporates an entry courtyard, covered porch,plant arbor/trellis or other similar architectural feature which provides relief to the façade. 8. Use of masonry veneer is acceptable, however, it must be applied in a consistent manner throughout the entire exterior perimeter envelope of the residence. Examples of acceptable uses include: a. Masonry base up to a consistent height as a"wainscot" around the perimeter. b. Masonry panels"framing" architectural projections such as bay windows or other building modulations. c. Masonry colonnades, either free standing with arbors, or with decorative infill panels or windows. d. Stone veneer is an acceptable finish if used consistently throughout the building design. - 13 - In all cases masonry veneer must wrap corners and be expressed as a corner pillar or as quoins. 9. Use of portland cement stucco, dryvit, or similar, are acceptable subject to conformance with the following guidelines: a. Window boxes, shutters, arbors, or similar decorative elements shall be incorporated in facades. b. Windows shall be casement or single hung, in wood or vinyl. c. Must be complemented with a masonry or architectural concrete finish base material at foundation. 10. The following guidelines apply to the use of wood siding: a. Sawn cedar shingles shall be applied over the entire surface, except for trim. b. Soffits may be open of rafter ends, are detailed, and eave brackets are used. c. Window trim shall have an accent color. d. Horizontal lap or tongue and groove siding are also acceptable. 11. Acceptable roof materials include: a. Presidential roofs 1. metal 2. tile 3. slate b. Roof Vents Acceptable: 1. ridge vents 2. gable vents 3. dormer vents c. Gutters and downspouts: 1. painted metal 2. copper 3. PVC is not acceptable d. Skylights: 1. Ridge skylights, dormers and clerestory lighting are preferred methods of providing natural light. 12. Acceptable chimney designs: a. All masonry b. Metal flues shall be entirely enclosed and capped with a screening device consistent in profile with the chimney chase and a house design. - 14- 6.15 Encroachment or Easements. No buildings or permanent structures of any kind shall be permitted within any protection easements, or within the storm drainage easements unless approved by the City of Anacortes Engineering Department and the ACC, all as shown on the Map. 6.16 Setbacks. All homes or other structures built upon the Lots in the Subject Property shall be set back from all lot lines in accordance with the applicable City of Anacortes zoning requirements 6.17 Conflicts. Various restrictions in this Section VI are also addressed in Section VII, and the conditions and restrictions in Section VII will supersede those in this Section VI in case of any conflict. 6.18 Wires. No lines or wires for the transmission of electric current or for telephone use shall be constructed, placed, or permitted to be placed upon any Lot in the Subject Property outside the buildings thereon, unless the same shall be underground or in a conduit attached to the building, unless otherwise approved by the ACC. 6.19 No exposed or exterior radio, television, or other communication antennas or devices (including satellite dishes) shall be erected, placed, or maintained within the Subject Property, without approval by ACC. 6.20 Tanks. No elevated tanks of any kind shall be erected,placed, or permitted on any part of the Subject Property, unless being used by Declarant in the development process. Any tanks for use in connection with any residence constructed on a Lot in the Subject Property, including tanks for the storage of fuels, must be buried or walled sufficiently to conceal them from view from neighboring Lots, roads, or streets. Approval by State, Local and ACC must occur prior to any installation. 6.21 Lighting. No mercury vapor or similar high-intensity lights will be permitted within the Subject Property unless approved in advance by the ACC. Outdoor lighting shall be from ground sources directed at the structures and away from neighboring homes. Driveway and parking area lighting is to be low height ground plane flooding. 6.19.1 Regular on-street parking of vehicles within the Subject Property shall be permitted as allowed by City Ordinances. 6.22 Insurance. No Owner shall permit anything to be done or kept on their Lot in the Subject Property which will increase the fire insurance premiums for any other Lot Owner or result in the cancellation of insurance. Neither shall the Board • allow the erection, construction, or allow any type of apparatus or recreational equipment in any Common Area that would increase the risk of harm and liability to an Owner. - 15 - VII. INTERPRETATION, ADMINISTRATION, AND ENFORCEMENT OF THIS DECLARATION 7.1 Subject to prior approval by Declarants, the Board may from time to time adopt reasonable additional provisions in its By-Laws or in the rules and regulations of the Association as may be necessary or advisable to insure compliance with or to supplement the foregoing covenants, conditions, and restrictions, and the Owners shall comply in all respects therewith. The Board or ACC may at all reasonable times enter upon any Lot for the purpose of performing their functions under this Declaration. 7.2 Each Owner shall comply strictly with the provisions of this Declaration and with the By-Laws,rules, and regulations adopted by the Board. Failure to comply shall be grounds for an action to recover sums due for damages, or injunctive relief, or both, and be maintainable by the Declarants, the Board acting through its officers on behalf of the Association, or by the aggrieved Owner on his own. The ACC, the Association, any Owner, or the City of Anacortes shall have the right to enforce, by any proceedings at law or in equity, all restrictions, conditions, covenants, reservations, liens, and charges now or hereafter imposed by the provisions of this Declaration. Failure to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. The violator(s) shall be responsible for all costs incurred in enforcing this Declaration, including all court costs, expert witness fees, and reasonable attorneys' fees whether or not the matter goes to trial. 7.3 No building construction, landscaping, remodeling, or alteration work which has been commenced shall be deemed in violation of this Declaration if the same was authorized by ACC permits issued pursuant to this Declaration. 7.4 The Declarants, the Owners, the Association, the ACC, and their agents and employees shall not be liable for any damage, loss, or prejudice suffered or claimed by any person on account of: 7.4.1 The approval or disapproval of any plans and specifications, whether or not in any way defective. 7.4.2 The development of any Lot in the Subject Property or the construction of any improvement, or performance of any work, whether or not pursuant to approved plans and specifications. 7.4.3 Injury to any person or property due to construction, the performance of any work, location of any physical object, or resulting from the perfoiniance of any industry or other activity within the Subject Property. - 16- Each Owner shall hold Declarants,the Owners,the Board,the Association and the ACC, their agents and employees harmless from any and all such claims which might arise from any activity, construction, or condition existing on such Owner's Lot in the Subject Property. 7.5 If a Lot in the Subject Property is not maintained in accordance with this Declaration after ten (10) days' written notice from either the Declarants, the Board or the ACC, then the Board or the ACC shall have a right of entry onto the Lot in the Subject Property to accomplish such work in any manner within its respective sole and unfettered discretion, and the reasonable cost of such work shall be a personal obligation of the Owner and a lien upon the Lot in the Subject Property. Said lien may be perfected by filing a Notice of Lien with the Auditor of Skagit County, and the priority of said lien shall date from the time of filing. Said lien may be foreclosed according to law and include reasonable attorneys' fees and other costs incurred in connection therewith in the same manner as any other enforcement action allowed by law. The Board, acting on behalf of the Association, shall have the power to bid on the Lot at the foreclosure sale, and to acquire and hold, lease,Mortgage, and convey the same. VIII. DECLARANTS' RESERVED RIGHTS 8.1 Easements. Declarants reserve to themselves and their agents, employees, successors, assigns, and designated grantees, a non-exclusive perpetual easement for ingress, egress, and utility service over, under, upon, through, and above the roadways within the Subject Property. 8.2 Remaining Lots. Declarants reserve the right to amend this Declaration and adopt more restrictive provisions limiting the use of Lots in the Subject Property. This reserved right shall not constitute any limitation to the general power to amend this Declaration. IX. COVERAGE/AMENDMENT 9.1 Covenants Running with the Land. The covenants, conditions, restrictions, uses, limitations, and obligations contained in this Declaration shall be deemed to run with the land and shall be. a burden and benefit upon the Lots and all other portions of the Property and the Common Area, and shall be binding upon all persons acquiring or owning any interest therein, their grantees, successors, heirs, executors, administrators, and assigns until January 1, 2015 after which time they shall be automatically extended until terminated by an instrument approved by a sixty-seven percent (67%)Membership vote. 9.2 Amendment. During the Development Period this Declaration may be amended by an instrument approved by Declarants owning 67% of the unsold lots within - 17- the Property and fifty-one percent(51%)Membership vote (including Declarants); thereafter, this Declaration may be amended at any time by an instrument approved by a sixty-seven percent(67%)Membership vote. 9.2.1 For purposes of this paragraph 9.2, Owners of Lots within the Property shall have one (1) vote per Lot, and Declarants shall have four (4) votes for each Lot owned. 9.2.2 Any termination or amendment under this Section IX as set forth above must be executed and acknowledged by the President and Secretary of the Association, and recorded with the Auditor of Skagit County. It shall describe the amendment, state that it was duly adopted at a regular or special meeting of the Association Membership, and that the required votes for approval were obtained. 9.2.3 Notwithstanding the foregoing, Declarants who own 67% of the Lots within the Property shall have the unilateral right, without approval of anyone, to amend or supplement this Declaration. 9.3 Recording. Any changes in the Map(s), Plot(s), or in this Declaration shall be placed on record as amendments thereto as soon as they are fully executed. 9.4 Effective Date of Amendment. 9.4.1 Amendments to this Declaration or to the Plats of the Property shall be effective upon the date the same are duly approved as provided herein, but shall not be binding upon third parties without knowledge thereof until recorded with the Auditor of Skagit County. 9.4.2 Amendments to the Plats of the Property shall be accompanied by an amendment of this Declaration which refers to and describes the amendments to the Plats of the Property. X INSURANCE At such times as the Board deems appropriate the Board shall cause the Association to purchase and maintain as a common expense a policy or policies which the board deems necessary or desirable to provide casualty insurance; comprehensive liability insurance; with such deductible provisions as the Board deems advisable; insurance, if available, for the protection of the Association's directors, and representatives from personal liability in the management of the Association's affairs; and such other insurance as the Board deems advisable. The board shall review the adequacy of the Association's insurance coverage at least annually. - 18- XI MISCELLANEOUS 10.1 Notices. Any notices permitted or required under the provisions of this Declaration may be delivered either personally or by mail. If delivery is by mail, any such notice shall be deemed to have been delivered 48 hours after a copy has been deposited in the United States mail. Notice to Lot Owners shall be sufficient if addressed to the mailing address for the Lot, or if such Lot is unimproved then to the address to which the Treasurer of Skagit County then sends notice of real property tax assessments. Notices to the Association may be given to the person entitled to receive service of process or to the President or Secretary of the Association at the address for Declarants set forth below, or as subsequently changed by notice form the Association to the Membership. ADDRESS OF DECLARANTS: COHO HOMEOWNERS ASSOCIATION 1015 FOURTEENTH STREET ANACORTES, WA 98221 10.2 Severability. The provisions hereof shall be deemed independent and severable, and the invalidity or partial invalidity or unenforceability of any one provision or a portion hereof shall not affect the validity or enforceability of any other portion. 10.3 Interpretations. The provisions of this Declaration shall be liberally construed to effectuate its purposes to create a uniform plan for the development and maintenance of the Subject Property. 10.4 Conflicts. In case of conflict between this Declaration and the Association's By- Laws or any resolution or other action of the Board or the Association, this Declaration shall control. 10.5 Effective Date. This Declaration shall take effect upon recording with the Auditor of Skagit County. - 19- IN WITNESS WHEREOF, the undersigned, being the Declarants herein, have hereunto set their hands this day of , 1999. DECLARANTS: By: WILLIAM OBROCK ANACO DEVELOPMENT GROUP L.L.C. By: WILLIAM OBROCK, member STATE OF ) : SS. COUNTY OF ) On this day of , 1999, before me personally appeared WILLIAM L. OBROCK, to me known to be the individual described in and who executed the within instrument and acknowledged he signed and sealed the same as his free and voluntary act and deed for the uses and purposes herein mentioned. WITNESS my hand and official seal hereto the day and year in this certificate first above written. (Signature) (Print Name) Notary Public in and for the State of , residing at My Commission expires: STATE OF WASHINGTON ) -20-