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4114
OLYMPIC PROPERTY GROUP
West Hills Project - Development Agreement
Comm Devel
LEG 12-1
07/07/2000
07/06/2015
05/01/2014
WHEN RECORDED, RETURN TO: BR£t/£~TON CITY oF ~GMT ~1 195 Kitzap B0 Wl~
Marco dc Sa e Silva
Davis Wright Tremaine LLP
2600 Century Square
1501 Fourth Avenue
Seattle, Washington 98101
WEST HlLLS DEVELOPMENT AGREEMENT
Grantor: Olympic Property Group LLC
Grantee: City of Bremerton
Abbreviated Legal Description:
Complete legal description is at Exhibit A (.pages 10-13) hereto.
Asse~or's Property Tax Parcel Aeeount Numbers:
282401-1-085-2001 282401-1-086-2000 212401-3-006-2000
212401-3-007-2009 292401-1-018-2002
Reference to Related Document:
No documents are assigned or released here~
WEST HILLS DEVELOPMENT AGREEMENT
THIS WEST HILLS DEVELOPMENT AGREEMENT (this "Agreement") is emered into
by OLYMPIC PROPERTY GROUP LLC, a Washington limited liability corapany ('~)PG") and a
wholly-owned subskiia~ of POPE RESOURCES, a Delaware limited partnership ("Pope"), and the
CITY OF BREMERTON, a Washington municipal corporation (the "City"), to establish
development phasing and development standards for certain real property owned by OPG
RECITALS
WHEREAS, OPG owns certain real property legally described on Exlu'bit A attached hereto
(the "Property") comprising aptn:oximately 270 acres and located within the City of Bremerton,
WHEREAS, in May 1997, the City completed one phase of environmental review of
development of the Property under the State Environmental Policy Act, RCW 43.21C, and granted
to Pope certain subdivision and land use approvals for the developmem of the Property, including a
mitigated determination of no 'nmgnificanee, zoning map astendmem, pre'hminary planned unit
development approval, and pre'hminary plat approval, for an industrial and r~'flential mixed use
development (the "Project"); and
WHEREAS, after May 1997, Pope prepared final engineering plans for the construction of
roads, water lines, sanitary sewer lines, and storm water drainage facilities within the Project,
completed rough grading for portions of the Project, acquired easements for a sanitary sewer main,
constructed some required utility and roadway infrastructure for the Project (including over a half
mile of sanitary sewer main), and otherwise invested significant amounts of humam energy, time,
WHEREAS, in May 1999, on Pope's request, the City extended for one-year its pre 'hrainary
approvals for the Project; and
WHEREAS, in November 1999, Pope conveyed the Property and other development lands
to OPG, its wholly-owned subs'uliary, as part of a company-wide restructuring; and
WHEREAS, the City des'ues to encourage the timely and orderly development of the
Property, to allow that development to occur when rmrket opportunities arise, and to establish a
meara oftlexibly responding to different real estate market needs; and
WHEREAS, the City and OPG des'a'e to preserve the s'~nificant investments of the City and
Pope in P~ject des'~q, environmental review, public hearings, decision-making, and constructiom
WHEREAS, the parties desire to enter into a Development Agreement regarding the
subdivision, development, and use of the Property, in order to facilitate the timely and orderly
completion of the Project; and
WHEREAS, the parties desire to establish the development standards for the Property for a
determined period of time through this Development Agreement, to ensure that for a reasonable
period of time the Property may he developed in a mariner that is consistent with a single set of
WHEREAS, the industrial portion of the Project already is vested under RCW 58.17.140
until May 2002; and
WHEREAS, the parties desire to rely upon the legal authority for the making of a
development agreement established under the Bmmefton Municipal Code and Laws of Washington,
including BMC 21.02.900 and RCW 36.70B.170, as amended; and
WHEREAS, the City Council voted on June 14, 2000, to approve Ordinance No. 4713,
under which the City Council and a property owner, through a development agreement, nmy extend
otherwise applicable time limits for project approvals and permits, as authorized under RCW
58.17.140; and
WHEREAS, the City Council voted on June 21, 2000, to approve Ordinance No.4714,
approving the City's execution and delivery of this Agreement.
NOW, THEREFORE, for good and valuable consideration, the adequacy of which is hereby
acknowledged, the parties agree as follows:
1. Estab]lahment of Development Standards. The following subdivision and land
use approvals, land use controls, and development regulations, together with impact fee and other
City regulations, in the form in effect as of the West Hills project vesting date, March 3, 1997,
unless a later date is indicated below or is consented to by OPG, shall constitute the Development
Standards (collectively, "Development Standards") governing the subdivision, development, and
use of the Property:
City of Bremerton Ordinance No. 4595, approving a zoning map amendment
relating to a portion of the Property, passed by the City Council on May 21, 1997 (the "Rezone
Ordinance");
b. City of Bremerton Resolution No. 2599, approving the West 14ilW preliminary
planned unit development and preliminary plat, passed by the City Council on May 14, 1997 (the
"Resolution");
c. City of Bremerton Mitigated Determinalion of Nonsignificanee regarding the
Property, dated April 15, 1997 (the "MDNS");
Ill tll I1 III ll IIIII II IIllll : : ..,2S"s['2000072"70004 0 s.,A
8REMERTON CITY OF AGMT f81.88 Kit. sap Co, WA
d. City of Bremerton Ordinance No.4713, approving amendments to BMC 21.02.900,
regarding developmem agreements, and BMC 21.02.520, regarding time limits for
planned unit dewlopment plans, passed by the City Council on Juno 14, 2000
e. City of Bremerton Comprehensive Plan;
f. City of Bremerton Critical Lands Ordinance, BMC Chapter 21.22;
g. City ofBremerton SEPA Ordinance, BMC Chapter 21.12;
h. City of Bremerton Zoning Code, BMC Chapter 21.02;
i. Storm Water Management Standards, BMC Ch. 15.04, in the form in effect as of the
West 14111~ vesting date, March 3, 1997, unless (i) the Washington State Department of Ecology
("DOE") or any other federal or state gownm~ent agency is given statutory authority to det~,mlne
the storm water mamgemem standards enforced by the City and to supersede OPG's vested fights
under this Agreement, and (ii) DOE requires that the City enforce more rigorous storm water
management standards than those in the form in effect as of the West Hilk vestiog date, March 3,
1997, in which case the more rigorous standards shall control;
j. Road and Utaity Standards
( 1 ) Industrial Portion of Property
City of Bremerton road and utility design and construction regulations,
including without limitation those found at BMC Chapters 15.02 (water) and
15.03 (wastewater), in the form in effect as of the West Hills vesting date,
March 3, 1997, as to that portion of the Property zoned IP (Industrial Park)
on the date of this Agreement;
(2) Nonindustrial Portion of Property
City of Bremerton road and utility design and construction regulations,
including without limitation those found at BMC Chapters 15.02 (water) and
15.03 (wastewater), in the form in effect as of the date on which OPG files
with the City a complete pre'hn-fmry plat/planned unit development
application as to that portion of the Property not zoned IP on the date of this
Agreement.
k. Other provisions of the City of Brernerton Municipal Code (except to the extem
inconsistent with the Rezone Ordinance, the Resolution, and the MDNS, which shall govern in
the event of any inconsistency, and except BMC Chapters 17.04 (building code), 17.56
(certificates of occupancy), and 18.02 (fire code) as those chapters are amended and superseded)
in the form in effect as of the West Hills project vesting date, March 3, 1997.
2. Required Elements.
All major project components, including the specific uses to be allowed, residential
densities, conam~ial, or industrial site and floor areas, and off-street parking, are governed by the
Development Standards, except that residential densities may increase subject to the approval of the
City upon the completion of additional envirorammal review relating to the residential portion of
the Project and subject to the City's approval of a rezone if proposed densities exceed the densities
allowed under the Development Standards.
b. Landseaping, bnffers, parks, rec~ll~ltion areas, open apace, and sitlailar features axe
governed by the Development Standards.
c. OPG is encouraged to provide affordable housing within the residential portions of
d. All required mitigation measures, development conditions, and other requirements
of project approval are governed by the incorporated Resolution, which shall continue to apply to
the Project notwith~ this Agrecment, except that upon the completion of additional
environmental and project review relating to the residential portion of the Project, additional
mitigation measm'es, development conditions, and other requirements rmy he imposed to mitigate
the envkonmental impacts of development of the residential portion and to otherwise cause
development of the msklemial portion to conform to applicable legal requirements.
e. All required financial agreemems, including any required impact fees, in-lieu fees,
inspection fees, dedications, firmncial contn'outions, and reimbursemem provisions are governed by
the conditions of the ineorpomted Resolution.
f. Design and development standards to be applied to the project, including maximum
heights, setbacks, landscaping, drainage, utilities, parking, signage, crki'"'"'"'"'"~d area buffers, and any
others, are governed by the Development Standards. Changes to these standards rmy be requested
by OPG, subject to City approval, in final planning relating to the planned unit development portion
of the Project. No changes in these standards, including without limitation changes that would
reduce the developable area of the Property or ~acrease the cost of the Project, shall be applied to the
Project without the consent of OPG.
g. Review procedures, phasing program, and criteria for project decisions shall he
governed by the Development Standards. OPG may finaliTe and complete the Project in one or
BtEtI£RION CI1¥ 0V fl$i~l f~i.OB ~(it.$ap C0~ [ltl
more phases. OPG may designate any portion of thc Project as a proposed phase prior to submitting
an applieation for final plan or plat approval, and the City and OPG then shall discuss and use best
efforts to agree upon the requirements of Project approval applicable to that phase, each of which
must be satisfied prior to the City's final approval of the phase.
3. Development Period. Thc Development Standards designated in Section I above
shall remain unchanged and apply in full force and effect for development of the Property for fit~een
(15) years following the effective date of this Agreemem ("Development Period"). During the
Development Period, OPG shall have the right to obtain approvals and p~n,fi[s, including final plat
and final planned unit development approvals, and develop the Property in aecordanc~ with the
specified Development Standards. This extex~ded Development Period is specifically intended in
part to eo~tend for the duration of the Developn-ent Period the time periods otherwise applicable to
the prel~,fi~ry plan, preliminary plat, and other approvals of the Project, including (a) the duration
of preliminary plan approval, preliminary plat approval, and other approvals and pe~wnits, (b)
deadlines for filing final plans, final plats, and other applicatiom and des'q~xs, and (c) deadlines for
co,,auencing and completing the developme~qt of an al~p, oved final plan, final plat, or other project.
Notwithstanding the foregoing, the City reserves the right during the Developmem Period to modify
the Development Standards to the extent required by a serious threat to public health and safety.
The l)evelolament Standards shall contiRne to npply to the Property after expiration of the
l)evelopment Period, except that at, er the expiration of the l)evelopment Period either party
may terminate this Agreement by one hundred eighty days prior written notice of termination
to the other party. For purposes of this section, OPG shall he a party to this Agreen,em as long as
OPG owr~ any poaion of the Property, or if not, any paint, subsidiary, or other affiliate or OPG
owning any portion of the Property, or if none or more than one, the designee of OPG, or if none,
any property owners association representing the owners of thc Property, or if none, the owner or
owne~ of a majority of the area comprising the Property.
4. Werner Ro~d Improvementa. Under Section 13.b of the Resolution, OPG is
obligated to co~m~bute its fair share of the cost of certain improvements to Werner Road (the
"Werner Road Improvements'3. OPG shall pay interest to the City on OPG's unpaid share of the
cost of the Wemer Road Improvements at the Bank of America's prime rate beginning on the date
on which the City awards the construction conffact for the Werner Road Improvemems until paid in
full. The City agrees to cause the owners of other properties specially benefited by the Wemer
Road Improvements also to contribute their fair share of the cost of the Werncr Road
Improv~ to the extent that the City has legal authority to do so.
$. Sueee~ors in Interest. This Agreemem shall be recorded in the real property
records of Kitsap County, Washington. The agreements and covenants herein shall attach to and
nm with the Property and be binding upon and inure to the benefit to the parties and their heirs,
successors, and assigns. The parties acknowledge that development of the Property will include the
subdivision and sale of portions of the Property (''Individual Parcels") to other persons who will
own, develop, and occupy the Individual Parcels. Thc City has authority under its code provisions
to require bonds or other security for perfonnasx~ of construction obligations through plat or other
permit approvals relating to the Individual Pareels. OPG shall have the right to assign or transfer all
or any portion of its interests, fights, or obligations under this Agreement or in the Property to other
BR£M£RTON CITY OF 8GMT ~1.08 Kit~ap Co.,
parties acquiring an interest or estate in all or any portion of the Property, including transfer of all
interests through forecbsttre (judicial or nonjudicial) or by deed in lieu of foreclosure. Consent by
the City shall not be required for any transfer of rights pursuam to this Agreemem. Upon such
transfer, the transferee shall be entitled to all interests and rights and be subject to all obligations of
OPG under this Agreement, and OPG shall be released from liability as to the portion of the
Property transferred.
6. Amendment. This Agreement may he ame~ed by the written agreement of OPG
and approval of the legislative authority of the City by ordinance. For purposes of this section, OPG
shall he a party to this Agreement as long as OPG owns any portion of the Property, or if not, any
parent, mbskiiary, or other affiliate or OPG owning any portion of the Property, or if none or more
than one, the designee of OPG, or if none, any property owners association representing the owners
of the Property, or if none, the owner or owners of a majority of the area comprising the Property.
7. No Preeedent. The conditiom contained in this Agreement are based upon the
tmique circumslances applicable to the Property, and this Agreement is not intended to establish a
precedent for development agreements relating to other properties in the City.
8. Enforcement. Either party may institute and prosecute a proceeding for specific
performance of this Agreement or for any other remedy provided by hw.
9. Governing Law. This Agreement shall be governed by the hws of the State of
Washingtor~
10. Effective Bate and Term. This Agreement shall take effect on the date on which
the City's approval of this Agreement takes effect, which is the date of this Agreement noted below.
The term of this Agreement shall continue for a period of fifteen (15) years following its effective
date but may extend beyond such period as provided hereinabove.
BR£M£RTOW CITY OF AGMT ~1.08 Kitsap Co~ WA
OPG: OLYMPIC PROPERTY GROUP LLC, a
Washington limited liability company
CITY: CITY OF BREMERTON, a political subdivision of
the State of Washington
DEPARTMENTAL APPROVAL:
Con~nunity Development
~.b~u ~~Director
IIIIII I Ill II III II III II IIIIII III,.,.; oooo, ,o o,
BREMERTON CITY OF AGMT ~188 Kitsap Co., ~IA
APPROVED AS TO FORM:
'~]elma Mahnca,'dit~ ,~ttorney
ATTEST:
Kathlcen McCluskey, City Clerk
STATE OF WASHINGTON )
)ss.
COUNTY OF KITSAP )
On this i~t~ day of ~}c~ I,~ , 2000, before me, the
undersigned, a Notary Public in and for t~he State of Washington, duly commissioned and swom,
personally appeared 6~'~'E~Or)l ~C~lla~lt , to me known to be the
?r~/~f~qt- ~' ¢07~ --/ of OLYMPIC PROPERTY GROUP LLC,
instrument to be the free and voluntary act and deed of said company, for the uses and purposes
therein mentioned, and on oath stated that he was authorized to execute the said instrume~.
WITNESS MY HAND AND OFFICIAL SEAL hereto aff~xed the day and year first above
NOTARY PUBLIC in and for the State of
O Washington, residing at /~O~/£bO
STATE OF WASHINGTON )
)ss.
COUNTY OF KITSAP )
On thisc~(~ day of ~..~_~ , 2000, before me, the
undersigned, a Notary Public in and t~r the ~tate of Washington, duly co~.~fissinned and sworn,
personally appeared Lynn S. Horton, to me known to be the Mayor of the City of Bremerton,
Washington, the city that executed the foregoing instrument, and acknowledged said instrument to
be the free and voluntary act and deed of said city, for the uses and purposes therein mentioned, and
on oath stated that she was authorized to execute the said instrument.
WITNESS MY HAND AND OFFICIAL SEAL hereto aflSxed the day and year first above
~.v.. ~ State of
~..n Washington, residing at
My commissig..n expires
· . .
BR£~I£RTON CITY OF AG)iT ~1.8(~ Kit. zap Co~ HA
EXHIBIT A
Description of Property
PARCEL "A'
THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 28, TOWNSHIP 24 NORTH, RANGE I EAST OF THE W.M., KITSAP COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF
SAID SECTION 28; THENCE SOUTH 88° 31' 45" EAST ALONG THE NORTH LINE OF
SAID NORTHEAST QUARTER 1312.38 FEET TO THE WESTERLY RIGHT OF WAY
MARGIN OF 3~'v STREET; THENCE SOUTH 12° 00' 54" WEST ALONG SAID MARGIN
61.16 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 12° 00'
54'WEST ALONG SAID MARGIN 378.23 FEET; THENCE LEAVING SAID MARGIN
SOUTH 24° 41' 44" WEST 18.22 FEET; THENCE SOUTH 12° 00' 54" WEST 61.11 FEET
TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RAD1US OF
45.00 FEET; THENCE CLOCKWISE ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 70° 48' 41", AN ARC DISTANCE OF 55.62 FEET; THENCE; SOUTH 82° 49'
36" WEST 30.85 FEET; THENCE NORTH 88° 04' 59" WEST 240.41 FEET TO THE
BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 450.00
FEET; THENCE COUNTERCLOCKWISE ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 11° 48' 25", AN ARC DISTANCE OF 92.73 FEET; THENCE NORTH 13° 42'
46" WEST 45.36 FEET; THENCE NORTH 45° 23' 43" EAST 628.56 FEET; THENCE
SOUTH 88° 31' 25" EAST 63.96 FEET TO THE POINT OF BEGINNING.
PARCEL "B'
THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER
AND THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 28,
TOWNSHIP 24 NORTH, RANGE 1 EAST OF THE W.M., LYING WEST OF THE WEST
MARGIN OF 3~'v STREET, IN KITSAP COUNTY, WASHINGTON.
EXCEPT ANY PORTION THEREOF LYING WEST OF THE FOLLOWING DESCRIBED
LINE:
BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF
SAID SECTION 28; THENCE SOUTH 00° 52' 44" WEST ALONG THE WEST LINE OF
SAID NORTHEAST QUARTER 271.95 FEET; THENCE LEAVING SAID WEST LINE
SOUTH 44° 49' 13" WEST 235.99 FEET TO A NON-TANGENT CURVE TO THE LEFT,
THE RADIUS POINT OF WHICH BEARS NORTH 48° 47' 57" EAST 400.00 FEET;
THENCE COUNTERCLOCKWISE ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 19° 13' 40', AN ARC DISTANCE OF 134.23 FEET; THENCE SOUTH 60° 25'
BREMERTON CiTY OF RGHT ~1.88 Kitsap Co, 148
42" EAST 34.75 FEET; THENCE SOUTH 29° 34' 18" WEST 295.26 FEET; THENCE SOUTH
61° 44' 15" EAST 258.89 FEET; THENCE SOUTH 25° 16' 38" EAST 451.32 FEET TO THE
SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SAID SECTION 28, ALSO BEING THE TERMINUS OF THIS DESCRIBED LINE.
ALSO EXCEPT THE FOLLOWING DESCRIBED PROPERTY:
THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 28, TOWNSHIP 24 NORTH, RANGE 1 EAST OF THE W.M., KITSAP COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF
SAID SECTION 28; THENCE SOUTH 88° 31' 45" EAST ALONG THE NORTH LINE OF
SAID NORTHEAST QUARTER 1312.38 FEET TO THE WESTERLY RIGHT OF WAY
MARGIN OF 3~ STREET; THENCE SOUTH 12° 00' 54" WEST ALONG SAID MARGIN
61.16 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 12° 00'
54"WEST ALONG SAID MARGIN 378.23 FEET; THENCE LEAVING SAID MARGIN
SOUTH 24° 41' 44" WEST 18.22 FEET; THENCE SOUTH 12° 00' 54" WEST 61.11 FEET
TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF
45.00 FEET; THENCE CLOCKWISE ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 70° 48' 41", AN ARC DISTANCE OF 55.62 FEET; THENCE SOUTH 82° 49' 36"
WEST 30.85 FEET; THENCE NORTH 88° 04' 59" WEST 240.41 FEET TO THE
BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 450.00
FEET; THENCE COUNTERCLOCKWISE ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 11° 48' 25", AN ARC DISTANCE OF 92.73 FEET; THENCE NORTH 13° 42'
46" WEST 45.36 FEET; THENCE NORTH 45° 23' 43" EAST 628.56 FEET; THENCE
SOUTH 88° 31' 25" EAST 63.96 FEET TO THE POINT OF BEGINNING.
PARCEL "C'
THAT PORTION OF SOUTH THREE-QUARTER OF THE SOUTHEAST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 21 AND THAT PORTION OF THE
NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP
24 NORTH, RANGE I EAST OF THE W.M., KITSAP COUNTY, WASHINGTON,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF
SAID SECTION 28; THENCE SOUTH 00° 52' 44" WEST ALONG THE WEST LINE OF
SAID NORTHEAST QUARTER 271.95 FEET; THENCE LEAVING SAID WEST LINE
SOUTH 44° 49' 13" WEST 235.99 FEET TO A NON-TANGENT CURVE TO THE LEFT,
THE RADIUS POINT OF WHICH BEAR~S NORTH 48° 47' 57" EAST 400.00 FEET;
THENCE COUNTERCLOCKWISE ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 19° 13' 40", AN ARC DISTANCE OF 134.23 FEET; THENCE SOUTH 60° 25'
BREMEf~TON CITY OF AGMT ~1.8~ Kits.~p Co, NA
42" EAST 34.75 FEET; THENCE SOUTH 29° 34' 18" WEST 295.26 FEET; THENCE
NORTH 61° 44' 15" WEST 124.67 FEET; THENCE NORTH 31° 49' 55" WEST 435.00 FEET;
THENCE NORTH 06° 17' 07" EAST 159.97 FEET; THENCE SOUTH 83° 18' 31" WEST
213.21 FEET; THENCE NORTH 06° 53' 07" WEST 128.57 FEET; THENCE SOUTH 89° 58'
59" WEST 71.97 FEET; THENCE NORTH 15° 48' 26" WEST 248.07 FEET; THENCE
NORTH 16° 37' 44" EAST 183.98 FEET; THENCE NORTH 53° 39' 36" EAST 260.29 FEET;
THENCE NORTH 11° 30' 55" WEST 557.55 FEET; MORE OR LESS TO THE NORTH LINE
OF THE SOUTH THREE-QUARTERS OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 21; THENCE SOUTH 88° 47' 38" EAST
ALONG SAID NORTH LINE 754.21 FEET TO THE NORTHEAST CORNER OR SAID
SOUTH THREE-QUARTERS OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER; THENCE SOUTH 01° 58' 19" WEST ALONG THE EAST LINE OF SAID
SOUTHWEST QUARTER 992.96 FEET TO THE POINT OF BEGINNING.
PARCEL "D'
THE WEST HALF OF THE SOUTHWEST QUARTER AND THE SOUTH THREE-
QUARTERS OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 21, AND THE NORTH HALF OF THE NORTHWEST QUARTER AND THE
NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP
24 NORTH, RANGE 1 EAST OF THE W.M., IN KITSAP COUNTY, WASHINGTON.
EXCEPT ANY PORTION THEREOF LYING EASTERLY OF THE FOLLOWING
DESCRIBED LINES:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF
SAID SECTION 28; THENCE SOUTH 00° 52' 44" WEST ALONG THE WEST LINE OF
SAID NORTHEAST QUARTER 271.95 FEET; THENCE LEAVING SAID WEST LINE
SOUTH 44° 49' 13" WEST 235.99 FEET TO A NON-TANGENT CURVE TO THE LEFT,
THE RADIUS POINT OF WHICH BEARS NORTH 48° 47' 57" EAST 400.00 FEET;
THENCE COUNTERCLOCKWISE ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 19° 13' 40", AN ARC DISTANCE OF 134.23 FEET; THENCE SOUTH 60° 25'
42" EAST 34.75 FEET; THENCE SOUTH 29° 34' 18" WEST 295.26 FEET; TO A POINT
HEREINAFTER REFERRED TO AS POINT "A", ALSO BEING THE POINT OF
BEGINNING FOR THIS LINE; THENCE SOUTH 61° 44' 15" EAST 258.89 FEET; THENCE
SOUTH 25° 16' 38" EAST 451.32 FEET, MORE OR LESS TO THE SOUTH LINE OF THE
NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 28, ALSO
BEING THE TERMINUS OF THIS PORTION OF AFOREMENTIONED LINE.
ALSO EXCEPT ANY PORTION LYING EASTERLY OF THE FOLLOWING DESCRIBED
LINES:
BEGINNING AT THE AFOREMENTIONED POINT "A"; THENCE NORTH 61° 44' 15"
WEST 124.67 FEET; THENCE NORTH 31° 49' 55" WEST 435.00 FEET; THENCE NORTH
06° 17' 07" EAST 159.97 FEET; THENCE SOUTH 83° 18' 31" WEST 213.21 FEET;
£i'1ERTON CITY OF AuMT ~1.05 K~tsap Co., UA
THENCE NORTH 06° 53' 07" WEST 128.57 FEET; THENCE SOUTH 89° 58' 59" WEST
71.97 FEET; THENCE NORTH 15° 48' 26" WEST 248.07 FEET; THENCE NORTH 16° 37'
44" EAST 183.98 FEET; THENCE NORTH 53° 39' 36" EAST 260.29 FEET; THENCE
NORTH 11° 30' 55" WEST 557.55 FEET, MORE OR LESS TO THE NORTH LINE OF THE
SOUTH THREE-QUARTERS OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SAID SECTION 21, ALSO BEING THE TERM1NUS OF THIS L1NE.
PARCEL "E"
THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER, SECTION 29,
TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON;
EXCEPT TH~ SOUTH ONE-EIGHT OF THE EAST HALF OF THE NORTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 29.
BREflERTOII cITY OF AuMT ~1.0(~ Kit. 5~p Co, I,IFI