035-21 - McCormick Communities, LLC - Contract Amendment 1Name and Mailing Address
City of Port Orchard -Clerk's Office
216 Prospect Street
Port Orchard, WA 98366
CITY OF PORT ORCHARD 202403080017
Amended Agreement Reo Fee: $ 318 50
03108/2024 09:47 AM Page: 1 of 16
Paul Andrews, Kitsap Go Auditor
The Recorder is required to use only the information
you provide on this cover sheet to index the document.
Type or print legibly.
Document Title(s):
First Amendment to Development Agreement by and between the City of Port Orchard
and McCormick Communities for the development and funding of transportation improvements
Auditor's File Number of Document (s) Referenced: 202102190203
Grantor(s) person(s) that conveys, sells or grants interest in property:
McCormick Communities LLC
Grantee(s) person that buys, receives or to whom conveyance of property is made:
City of Port Orchard
Abbreviated Legal Description:
• Quarter, Quarter, Section, Township, Range (and Government lot # if applicable); OR
• Plat/Condo Name, lot or unit number, building or block number; OR
• Short Plat, Large Lot number, lot number and auditor file number
A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 23 NORTH, RANGE 1 EAST
See additional descriptions on Page 1 through 3
6031-000-131-0002, 5552-000-045-0008, 092301-1-005-2002, 092301-4-004-2007,
Assessor's 14 digit Tax Parcel Number:
092301-1-009-2008, 092301-4-005-2006, 092301-4-003-2008, 092301-4-002-2009, 162301-1-021-2003, 162301-1-020-2004, 162301-1-019-2007
04/25/14
DocuSign Envelope ID: 6A4DE39D-8CFE-49F8-8879-DFB3CBF2CB83
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BY AND
BETWEEN THE CITY OF PORT ORCHARD AND MCCORMICK
COMMUNITIES, LLC FOR THE DEVELOPMENT AND FUNDING OF
CERTAIN TRANSPORTATION IMPROVEMENTS
Contract No. 035-21
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT FOR THE
DEVELOPMENT AND FUNDING OF CERTAIN TRANSPORTATION
IMPROVEMENTS ("Amendment Agreement") is entered into between the City of Port
Orchard, a Washington municipal corporation ("City" or "Port Orchard") and McCormick
Communities, LLC, a Washington limited liability company ("McCormick"). City and
McCormick are each a "Party" and together the "Parties" to this Amendment Agreement.
RECITALS:
WHEREAS, on February 1, 2021 the Parties entered into a Development Agreement for
the purposes of establishing transportation improvements and concurrency for the McCormick
Woods development project; and
WHEREAS, Section 9 of the Development Agreement establishes the number of lots and
peak pm trips that can be constructed/generated in McCormick Woods and the Parties desire to
modify these numbers such that the maximum number of lots is aligned with the maximum number
of peak pm trips already approved in the Development Agreement; and
WHEREAS, McCormick is the owner of all parcels that will be impacted by the
concurrency change; and
WHEREAS, this First Amendment does not change any impact fee credits, concurrency,
development standards, or entitlements for any parcels that may be covered by the Development
Agreement and that have since been sold by McCormick to other parties, therefore, none of the
other owners are parties hereto as their rights are not affected; and
WHEREAS, the properties impacted by this Amendment are shown on Exhibit D which
is attached to this Amendment; and
WHEREAS, McCormick Land Company's rights under the Development Agreement are
not impacted by this First Amendment, therefore, they are not a party hereto; and
WHEREAS, in consideration of the promises and undertakings described above together
with those in the Development Agreement, the City and McCormick agree as follows:
FIRST AMENDMENT TO McCORMICK TRANSPORTATION DA
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AGREEMENT:
1. Development Agreement affirmed. The Development Agreement is affirmed
except as modified by this Amendment Agreement.
2. Exhibits. Section 4 "Exhibits" of the Development Agreement is hereby amended
to read as follows:
Section 4. Exhibits. Exhibits to this Agreement are as follows:
a) Exhibit A-1 — Parcel numbers of the McCormick Property that are subject
to impact fee credit.
b) Exhibit A-2 — Map depicting the boundaries of the McCormick Property
that are subject to the impact fee credit in this Agreement.
c) Exhibit B-1 — Parcel numbers of the McCormick Property with vested
concurrency.
d) Exhibit B-2 — Map depicting the boundaries of the McCormick Property
with vested concurrency.
e) Exhibit C — Map showing the original boundaries for the 2005
Transportation DA which remains the reimbursement area for MLC.
fj Exhibit D — Map showing properties impacted by this Amendment.
3. Coneurrenev, Section 9 "Concurrency" of the Development Agreement is hereby
amended to read as follows:
Section 9. Coneurrency. The Parties agree that City streets affected by
development of the McCormick Property have the capacity to serve the McCormick
Property in compliance with the City's concurrency requirements so long as such
development does not result in the generation of more than 3,806 PM peak hour
trips, which is the number of remaining trips identified in Section 9 of the 2005
Transportation DA reserved for the McCormick Property identified on Exhibits B-
1 and B-2. This remaining concurrency provided in the 2005 Transportation DA is
being carried forward for the duration of this Agreement as set forth below. These
trips are available as of December 15, 2020.
Available Lots/Units for Map
Area PM Peak Residential 1 Designation on
Trips Ex. C
FIRST AMENDMENT TO McCORMICK TRANSPORTATION DA
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DocuSign Envelope ID: 6A4DE39D-8CFE-49F8-8879-DFB3CBF2CB83
McCormick North
North
• Village local
center (residential
659
(See Note 1)
North
+ commercial
• Single Family
312
315
North
Residential
Total McCormick
971
North
McCormick West
West
• Multifamily
415
419
West
• Single Family
1,530
1,545
West
Residential
Total McCormick
1,945
West
McCormick Woods
697
697 640
Wd
McCormick Woods
63
N/A
Wd
Retail
McCormick Woods
Conference (Golf
122
N/A
GC
Facilities
McCormick Woods
8
8
Not depicted
legacy lots
Total McCormick
890
Woods
Grand Total
3,806
1 There are 659 PM Peak Trips available within the Village local center. Residential
PM Peak Trips will be calculated per unit and commercial PM Peak trips will be
calculated by use type and square footage.
The defined areas for the assigned concurrency numbers above are listed by parcel
number on Exhibit B-1 and shown (except for the eight legacy lots, which are
vacant lots in prior subdivisions) on Exhibit B-2, which Exhibits are attached hereto
and incorporated herein by this reference as if set forth in full. Residential
development shall be limited by either the PM peak hour trips or the number of
units, whichever is more restrictive. Commercial development shall be limited only
by the PM peak hour trips. To the extent that McCormick in the future proposes
residential or commercial development within the McCormick Property that will
generate more than the number of PM peak hour trips shown in the above table, the
City will make a new concurrency determination regarding the capacity of its street
system at that time.
FIRST AMENDMENT TO McCORMICK TRANSPORTATION DA
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4. Project Schedule. Section 10 "Project Schedule" of the Development Agreement
is hereby amended to read as follows:
Section 10. Project Schedule. The Developer will commence construction of the
two McCormick Projects on the following schedule:
a) Work on the roundabout at the intersection of Old Clifton Road and Campus
Parkway (Project ID #1.5C on the City's TIP) (Permits #PW20-031 and
PW20-032) shall commence no later than June 30, 2021, and Developer will
complete construction in a timely and workmanlike manner. Such work
shall be completed no later than September 30, 2022.
b) Developer will submit a complete set of plans and permit applications fora
roundabout at the intersection of Old Clifton Road and McCormick Woods
Drive (Project ID #2.08) no later than june 1,2823 January 31, 2025 and
McCormick will commence construction of said roundabout no later than
June 1, 2$242026, provided that the City has before then acquired the
additional land, not owned by Developer, that is needed for this roundabout;
and Developer will complete construction in a timely and workmanlike
manner. Such work shall be completed no later than Septe October 30,
2OM2027, so long as the City has acquired the land necessary any necessary
additional ri ht of way and issued the permits for the roundabout before
June 1, 2-R42026. If the City has not acquired th—P 'Md- seraes aF5 a_y
necessary additional right of way or issued the permits for the roundabout
before June 1, 2O42026, but does so more than 24 months before expiration
of theis Development Agreement, Developer shall construct the roundabout
with 24 months of such acquisition and/or .permit issuance, whichever
occurs later.
5. Default. Failure or delay by either Party to perform any term or provision of this
Amendment Agreement shall constitute a default. In the event of alleged default or breach of any
terms or conditions of this Amendment Agreement, the Party alleging such default or breach shall
give the other Party not less than thirty (30) days' notice in writing, specifying the nature of the
alleged default and the manner in which said default may be cured. During this thirty (30) day
period, the Party charged shall not be considered in default for purposes of termination or
institution of legal proceedings.
After notice and expiration of the thirty (30) day period, if such default has not been cured
or is not being diligently cured in the manner set forth in the notice, the other Party to this
Amendment Agreement may, at its option, institute legal proceedings pursuant to this Amendment
Agreement.
FIRST AMENDMENT TO McCORMICK TRANSPORTATION DA
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6. Non -Waiver of Breach. The failure of a Party to insist upon strict performance of
any of the covenants and agreements contained herein, or to exercise any option herein conferred
in one or more instances shall not be construed to be a waiver or relinquishment of said covenants,
agreements, or options, and the same shall be and remain in full force and effect.
7. Conflict. In the event of any conflict between this Amendment Agreement and the
Port Orchard Municipal Code, this Amendment Agreement shall control.
8. Resolution of Disputes and Governing Law. If any dispute arises between the
City and McCormick under any of the provisions of this Amendment Agreement, jurisdiction of
any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington.
This Amendment Agreement shall be governed by and construed in accordance with the laws of
the State of Washington. The non -prevailing party in any action brought to enforce this
Amendment Agreement shall pay the other Parties' expenses and reasonable attorney's fees.
9. Written Notice. All written communications regarding enforcement or alleged
breach of this Amendment Agreement shall be sent to the parties at the addresses listed below,
unless notified to the contrary. Unless otherwise specified, any written notice hereunder shall
become effective upon the date of both emailing and mailing by registered or certified mail, and
shall be deemed sufficiently given if sent to the addressee at the address stated below:
McCORMICK:
Eric Campbell
12332 NE 115th Place
Kirkland, WA 98033
eric@mspgrotipllc.com
Nick Tosti
805 Kirkland Avenue, Suite 200
Kirkland, WA 98033
nicktosti a.gmaif.col:n
CITY:
Rob Putaansuu, Mayor
City of Port Orchard
216 Prospect Street
Port Orchard WA 98366
t nutaansLru2cityofportorchard.us
A copy shall also be transmitted to the City Clerk at the
above address
10. Modification. No waiver, alteration, or modification of any of the provisions of
this Amendment Agreement shall be binding unless in writing and signed by a duly authorized
representatives of the City and McCormick.
11. Severability. The provisions of this Amendment Agreement are declared to be
severable. If any provision of this Amendment Agreement is for any reasons held to be invalid or
unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall
not affect the validity or constitutionality of any other provision.
FIRST AMENDMENT TO McCORMICK TRANSPORTATION DA
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12. Good Faith and Due Mliaenec. The Parties agree to perform all obligations under
this Amendment Agreement in good faith and with due diligence.
13. 1m pact of First An)eirdmen t. As set forth in the Recitals above and as shown on
Exhibit D, McCormick Communities, LLC is the only property owner that is bound by the
Development Agreement that is impacted by this First Amendment. This First Amendment does
not change any impact fee credits, concurrency, development standards, or entitlements for any
parcels that may be covered by the Development Agreement and that have since been sold by
McCormick to other parties, therefore, none of the owners other than McCormick Communities,
LLC are parties to this First Amendment as their rights are not affected. Therefore, given the
limited nature and impacts of this First Amendment, only McCormick Communities, LLC and the
City need to be parties to this First Amendment and no other parties who may otherwise be bound
by the Development Agreement need to participate in this First Amendment.
r;R- IN WITNESS WHEREOF, the Parties have executed this Amendment Agreement on this
T day of —VW-.i;L . 224.:F004
MCCORMICK C M r11TIES, LLC CITY OF PORT ORCHARD
}
/ Potu&Qneu by:
EgoBy' By: a,ea�v�swR,�
Its: Its: Mayor
APPROVED AS TO FORM:
ZIA—
Patrick Schneider
Attorney for McCormick Communities
APPROVED AS TO FORM:
�naacusoe by
J ccGM7A S. QsLwio,o�,
Jennifer S. Robertson
Attorney for Port Orchard
ATTEST:
6ocu%pnes by
Brandy Wallace
Port Orchard City Clerk
FIRST AMENDMENT TO McCORMICK TRANSPORTATION DA
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DocuSign Envelope ID: 6A4DE39D-8CFE-49F8-8879-DFB3CBF2CB83
Exhibit A 1
List of Parcels Subject to Fee Credit
McCormick North
052301-4-023-2008
052301-4-027-2004
052301-4-024-2007
052301-4-025-2006
052301-4-026-2005
052301-4-013-2000
042301-3-011-2005
McCormick West
082301-2-002-2004
082301-2-003-2003
082301-1-013-2003
082301-2-004-2101
082301-1-010-2006
082301-1-014-2002
172301-2-002-2003
172301-2-004-2001
172301-2-003-2002
172301-2-006-2009
172301-2-005-2000
172301-2-007-2008
172301-3-004-2009
McCormick Woods
042301-3-010-2006
6031-000-131-0002
5552-000-045-0008
092301-1-005-2002
092301-4-004-2007
092301-1-009-2008
092301-4-005-2006
092301-4-003-2008
092301-4-002-2009
162301-1-021-2003
162301-1-020-2004
162301-1-019-2007
DocuSign Envelope ID: 6A4DE39D-BCFE-49FB-8879-DFB3CBF2CB03
Exhibit A2
Areas Subject to Fee Credit
Legend
McCormick North
McCormick West
McCormick Woods
...................................s
North
............................
.........................................
West
...................... I ..................
Wd
DocuSign Envelope ID: 6A4DE39D-BCFE-49FB-8879-DFB3CBF2CB83
Exhibit B l
List of Parcels with Vested Concurrency
McCormick North
McCormick Woods
052301-4-023-2008
042301-3-010-2006
052301-4-027-2004
6031-000-131-0002
052301-4-024-2007
5552-000-045-0008
052301-4-025-2006
092301-1-005-2002
052301-4-026-2005
092301-4-004-2007
052301-4-013-2000
092301-1-009-2008
042301-3-011-2005
092301-4-005-2006
092301-4-003-2008
McCormick West
092301-4-002-2009
08 2301-2-002-2004
162301-1-021-2003
082301-2-003-2003
162301-1-020-2004
082301-1-013-2003
162301-1-019-2007
082301-2-004-2101
082301-1-010-2006
Legacy Lots
082301-1-014-2002
5190-000-018-0009
172301-2-002-2003
6031-000-032-0002
172301-2-004-2001
6031-000-025-0001
172301-2-003-2002
6031-000-063-0004
172301-2-006-2009
5161-000-021-0009
172301-2-005-2000
5145-000-023-0008
172301-2-007-2008
5139-000-013-0008
172301-3-004-2009
6031-000-074-0001
DocuSlgn Envelope ID: 6A4DE39D-8CFE-49F8-8879-DFB3CBF2CB83
Exhibit B2
New Concurrency Areas
Legend
McCormick North
McCormick West
McCormick Woods
Golf Facilities
.....................................
North
........................... I ............
.........................................
West
......................
VIfd
............. ......
............
GC
.......................................
See Exhibit 131 for legacy lots vested to concurrency with this agreement
D—Sign Envelope ID: BA4DE39D-8CFE-49F8-8879-DFB3CBF2CS83
Exhibit C
Boundary of 2005 Traffic Agreement
DocuSign Envelope ID: 6A4DE39D-BCFE-49F8-8879-DFB3CBF2CB83
Exhibit D
Areas Subject to first revision
Legend
.................
Parcels subject to 1 s revision:
:..................
6031-000-131-0002
092301-4-004-2007
092301-4-003-2008
Parcel Numbers
5552-000-045-0008
092301-1-009-2008
092301-4-002-2009
162301-1-020-2004 162301-1-019-2007
092301-1-005-2002
092301-4-005-2006
162301-1-021-2003
Exhibit D
Areas Subject to first revision
Legend
Parcels subject to 1 s revision:
Parcel Numbers
6031-000-131-0002 5552-000-045-0008
092301-4-004-2007
092301-4-003-2008
092301-1-009-2008
092301-4-002-2009
162301-1-020-2004 162301-1-019-2007
092301-1-005-2002
092301-4-005-2006
162301-1-021-2003
Parcels and Legals Additional Descriptions
6031-000-131-0002
TRACT C (FUTURE DEVELOPMENT) MCCORMICK WOODS SECOND AMENDMENT ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 26
OF PLATS, PAGES 189 THROUGH 196, INCLUSIVE; BEING AN AMENDMENT OF VOLUME 25 OF PLATS, PAGES 34 THROUGH 41, INCLUSIVE AND
VOLUME 25 OF PLATS, PAGES 54 THROUGH 61, INCLUSIVE; ALL RECORDS OF KITSAP COUNTY, WASHINGTON; SITUATE IN KITSAP COUNTY,
WASHINGTON.
5552-000-045-0008
TRACT U (FUTURE DEVELOPMENT), ELDON TRAILS DIVISION 1, ACCORDING TO THE PLAT RECORDED IN VOLUME 34 OF PLATS, PAGE(S) 130-138,
INCLUSIVE, RECORDS OF KITSAP COUNTY, WASHINGTON; SITUATE IN KITSAP COUNTY, WASHINGTON.
092301-1-005-2002
PARCEL 7 OF 20 ACRE LAND SEGREGATION RECORDED UNDER AUDITOR'S FILE NO. 200612270418, RECORDS OF KITSAP COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS: THAT PORTION OF THE NORTHEAST QUARTER AND THE NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER, ALL IN SECTION 9, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING ATTHE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 23 NORTH,
RANGE 1 EAST, SAID POINT ALSO BEING AN ANGLE POINT IN THE BOUNDARY OF THE PLAT OF MCCORMICK WOODS DIVISION 10, ACCORDING
TO PLAT RECORDED IN VOLUME 29 OF PLATS, PAGES 120 THROUGH 131, INCLUSIVE, RECORDS OF KITSAP COUNTY, WASHINGTON, SAID ANGLE
POINT BEING ON TRACT "C" OF SAID PLAT; THENCE N 28*49'59" E, ALONG THE SOUTHEAST LINE OF TRACTS "C", "M" AND "E" OF SAID PLAT, A
DISTANCE OF 1,778.57 FEET TO AN ANGLE POINT IN TRACT "E" ON THE BOUNDARY OF SAID PLAT; THENCE N 57*51'24" W, ALONG THE
NORTHEAST LINE OF TRACTS "E" AND "R" AND THE BOUNDARY OF SAID PLAT, A DISTANCE OF 342.19 FEET TO AN ANGLE POINT IN SAID
BOUNDARY AND A POINT ON THE ARC OF A CURVE, THE CENTER OF WHICH BEARS S 48*12'46" E; THENCE NORTHEASTERLY ALONG THE ARC OF
A CURVE TO THE RIGHT, ALONG THE SOUTHEAST LINE OF TRACT "A" AND THE BOUNDARY OF SAID PLAT, SAID CURVE HAVING A RADIUS OF
430.00 FEET, THROUGH A CENTRAL ANGLE OF 07*10-40" A DISTANCE OF 53.87 FEET; THENCE N 48*57'54" E, CONTINUING ALONG SAID
SOUTHEAST LINE, A DISTANCE OF 127.51 FEETTO A POINT OF CURVE; THENCE NORTHEASTERLY ALONG THE ARC OF A CURVE TO THE LEFT,
CONTINUING ALONG SAID SOUTHEAST LINE, SAID CURVE HAVING A RADIUS OF 370.00 FEET, THROUGH A CENTRAL ANGLE OF 04*46106" A
DISTANCE OF 30.79 FEETTO AN ANGLE POINT OF SAID TRACT AND BOUNDARY; THENCE N 55*21'34" W, ALONG THE NORTHEAST LINE OF SAID
TRACT, A DISTANCE OF 275.56 FEETTO AN ANGLE POINT IN SAID TRACT, A DISTANCE OF 275.56 FEETTO AN ANGLE POINT IN SAID TRACT AND
BOUNDARY; THENCE N 52*27'56" W, DEPARTING SAID BOUNDARY, A DISTANCE OF 161.08 FEETTO AN ANGLE POINT IN THE MCCORMICK
WOODS GOLF COURSE BOUNDARY; THENCE, ALONG THE BOUNDARY OF SAID GOLF COURSE, THE FOLLOWING COURSES AND DISTANCES: N
87*11'40" W A DISTANCE OF 162.52 FEET; N 50*48'10" W A DISTANCE OF 287.49 FEET; N 14*47'19" E A DISTANCE OF 545.96 FEET; N 18*30'16"
E A DISTANCE OF 922.17 FEET; N 75*12'04" E A DISTANCE OF 66.76 FEET; N 09*11'12" E A DISTANCE OF 99.99 FEET; N 51*34'13" W A DISTANCE
OF 171.18 FEET; N 13*43'49" E A DISTANCE OF 177.17 FEET TO A POINT ON THE ARC OF A CURVE THE CENTER OF WHICH BEARS S 09*47'43" E;
THENCE EASTERLY, DEPARTING FROM SAID GOLD COURSE BOUNDARY, ALONG THE ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING A
RADIUS OF 400.00 FEET, THROUGH A CENTRAL ANGLE OF 01*08-39" A DISTANCE OF 7.99 FEET; THENCE N 81*20'56" E A DISTANCE OF 384.47
FEET TO A POINT ON THE ARC OF A CURVE, THE CENTER OF WHICH BEARS N 81*20-56" E AND THE TRUE POINT OF BEGINNING; THENCE
NORTHERLY ALONG THE ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 460.00 FEET, THROUGH A CENTRALANGLE OF
49*56'34", A DISTANCE OF 400.97 FEET TO A POINT OF REVERSE CURVE; THENCE NORTHEASTERLY ALONG THE ARC OF A CURVE TO THE LEFT,
SAID CURVE HAVING A RADIUS OF 500.00 FEET, THROUGH A CENTRAL ANGLE OF 23*23144" A DISTANCE OF 204.16 FEET; THENCE N 17*53'46"
E A DISTANCE OF 146.32 FEET TO A POINT OF CURVE; THENCE NORTHEASTERLY ALONG THE ARC OF A CURVE TO THE RIGHT, SAID CURVE
HAVING A RADIUS OF 600.00 FEET, THROUGH A CENTRAL ANGLE OF 22*02136" A DISTANCE OF 230.84 FEETTO A POINT OF REVERSE CURVE;
THENCE NORTHEASTERLY ALONG THE ARC OF CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 600.00 FEETTHROUGH A CENTRAL
ANGLE OF 18*27'17" A DISTANCE OF 193.26 FEET; THENCE N 21*29'05" E A DISTANCE OF 462.65 FEET TO A POINT OF CURVE; THENCE
NORTHERLY ALONG THE ARC CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 600.00 FEET THROUGH A CENTRAL ANGLE OF 42*571221, A
DISTANCE OF 449.84; THENCE N 21*28'17" W A DISTANCE OF 185.52 FEETTO A POINT ON SAID MCCORMICK WOODS GOLF COURSE
BOUNDARY; THENCE ALONG SAID GOLF COURSE BOUNDARY THE FOLLOWING COURSES AND DISTANCES: N 49*17'51" E A DISTANCE OF 192.71
FEET; S 33*41'35" E A DISTANCE OF 675.23 FEET; S 25*00'46" W A DISTANCE OF 207.14 FEET; S 05*26'19" W A DISTANCE OF 164.68 FEET; S
26*29'30" W A DISTANCE OF 799.01 FEET; S 10*51'52" W A DISTANCE OF 947.63 FEET; S 31*00'51" E A DISTANCE OF 100.94 FEET TO A POINT
ON THE ARC OF A CURVE THE CENTER OF WHICH BEARS S 22*46'13"; THENCE WESTERLY, DEPARTING FROM SAID GOLF COURSE BOUNDARY,
ALONG THE ARC OF A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 400.00 FEET, THROUGH A CENTRAL ANGLE OF 07*41'11" A
DISTANCE OF 53.66 FEET; THENCE N 74*54'58" W A DISTANCE OF 117.77 FEETTO A POINT OF CURVE; THENCE NORTHWESTERLY ALONG THE
ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 460.00 FEET, THROUGH A CENTRAL ANGLE OF 66*15-54" A DISTANCE OF
532.01 FEETTO THE TRUE POINT OF BEGINNING.
092301-4-004-2007
PARCEL 6 OF 20 ACRE LAND SEGREGATION RECORDED UNDER AUDITOR'S FILE NO. 200612270418, RECORDS OF KITSAP COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS: THAT PORTION OF THE WEST HALF OF THE SOUTHEAST QUARTER, AND THE SOUTHWEST QUARTER
OF THE NORTHEAST QUARTER, AND THE EAST HALF OF THE SOUTHWEST QUARTER, ALL IN SECTION 9, TOWNSHIP 23 NORTH, RANGE 1 EAST,
W.M., KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF
THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 23 NORTH, RANGE 1 EAST, SAID POINT ALSO BEING AN ANGLE POINT IN THE
BOUNDARY OF THE PLAT OF MCCORMICK WOODS DIVISION 10, ACCORDING TO PLAT RECORDED IN VOLUME 29 OF PLATS, PAGES 120
THROUGH 131, INCLUSIVE, RECORDS OF KITSAP COUNTY, WASHINGTON, SAID ANGLE POINT BEING ON TRACT "C" OF SAID PLAT; THENCE N
28*49'59" E, ALONG THE SOUTHEAST LINE OF TRACTS "C", "M" AND "E" OF SAID PLAT, A DISTANCE OF 1,778.57 FEETTO AN ANGLE POINT IN
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TRACT "E" ON THE BOUNDARY OF SAID PLAT; THENCE N 57*51'24" W, ALONG THE NORTHEAST LINE OF TRACTS "E" AND "R" AND THE
BOUNDARY OF SAID PLAT, A DISTANCE OF 342.19 FEETTO AN ANGLE POINT IN SAID BOUNDARY AND A POINT ON THE ARC OF A CURVE, THE
CENTER OF WHICH BEARS S 48*12'46" E; THENCE NORTHEASTERLY, ALONG THE ARC OF A CURVE TO THE RIGHT, ALONG THE SOUTHEAST LINE
OF TRACT "A" AND THE BOUNDARY OF SAID PLAT, SAID CURVE HAVING A RADIUS OF 430.00 FEET, THROUGH A CENTRAL ANGLE OF 07*10'40"
A DISTANCE OF 53.87 FEET; THENCE N 48*57'54" E, CONTINUING ALONG SAID SOUTHEAST LINE, A DISTANCE OF 127.51 FEETTI A POINT OF
CURVE; THENCE NORTHEASTERLY ALONG THE ARC OF A CURVE TO THE LEFT, CONTINUING ALONG SAID SOUTHEAST LINE, SAID CURVE HAVING
A RADIUS OF 370.00 FEET, THROUGH A CENTRAL ANGLE OF 04*46-06" A DISTANCE OF 30.79 FEET TO AN ANGLE POINT OF SAID TRACT AND
BOUNDARY; THENCE N 55*21'34" W, ALONG THE NORTHEAST LINE OF SAID TRACT, A DISTANCE OF 275.56 FEETTO AN ANGLE POINT IN SAID
TRACT AND BOUNDARY; THENCE N 52*27'56" W, DEPARTING SAID BOUNDARY, A DISTANCE OF 161.08 FEETTO AN ANGLE POINT IN THE
MCCORMICK WOODS GOLF COURSE BOUNDARY AND THE TRUE POINT OF BEGINNING. THENCE, ALONG THE BOUNDARY OF SAID GOLF
COURSE, THE FOLLOWING COURSES AND DISTANCES: N 87*11'40" W A DISTANCE OF 162.52 FEET; N 50*48'10" W A DISTANCE OF 287.49 FEET;
N 14*47'19" E A DISTANCE OF 545.96 FEET; N 18*30'16" E A DISTANCE OF 922.17 FEET; N 75*12'04" E A DISTANCE OF 66.76 FEET; N 09*11'12"
E A DISTANCE OF 99.99 FEET; N 51*34'13" W A DISTANCE OF 171.18 FEET; N 13*43'49" E A DISTANCE OF 177.17 FEET TO A POINT ON THE ARC
OF A CURVE THE OF WHICH BEARS S 09*47'43" E; THENCE EASTERLY, DEPARTING FROM SAID GOLF COURSE BOUNDARY ALONG THE ARC OF A
CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 400.00 FEET, THROUGH A CENTRAL ANGLE OF 01*08'39" A DISTANCE OF 7.99 FEET;
THENCE N 81*20'56" E A DISTANCE IF 384.47 FEET TO A POINT ON THE ARC OF CURVE, THE CENTER OF WHICH BEARS N 81*20'56" E; THENCE
SOUTHEASTERLY ALONG THE ARC OF CURVE TO THE LEFT SAID CURVE HAVING A RADIUS OF 460.00 FEET, THROUGH A CENTRAL ANGLE IF
66*15'54" A DISTANCE OF 532.01 FEET; THENCE S 74*54'58" E A DISTANCE OF 117.77 FEETTO A POINT OF CURVE; THENCE EASTERLY ALONG
THE ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 400.00 FEET, THROUGH A CENTRAL ANGLE OF 07*41'11" A DISTANCE
OF 53.66 FEET TO A POINT ON SAID MCCORMICK WOODS GOLF COURSE BOUNDARY; THENCE SOUTHERLY, ALONG SAID GOLF COURSE
BOUNDARY, THE FOLLOWING COURSES AND DISTANCES: S 31*00'51" E A DISTANCE OF 75.68 FEET; S 28*14'32" W A DISTANCE OF 161.94 FEET;
S 49*51'11" W A DISTANCE OF 302.41 FEET; S 36*06'27" W A DISTANCE OF 425.55 FEET; S 28*19'30" W A DISTANCE OF 427.54 FEET; S
62*49'12" E A DISTANCE OF 151.93 FEET; S 37*56'51" W A DISTANCE OF 545.70 FEET TO THE TRUE POINT OF BEGINNING.
092301-1-009-2008
RESULTANT LOT B OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO. 200811100041, RECORDS OF KITSAP COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS: LOT B OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER RECORDING NO. 200711060175,
RECORDS OF KITSAP COUNTY, WASHINGTON; TOGETHER WITH THAT PORTION OF TRACT E, PLAT OF MCCORMICK WOODS DIVISION 10,
ACCORDING TO THE PLATTHEREOF, RECORDED IN VOLUME 29 OF PLATS, PAGES 120-131 INCLUSIVE, DESCRIBED AS FOLLOWS: BEGINNING AT
THE MOST EASTERLY CORNER OF SAID TRACT, SAID CORNER ALSO BEING AN ANGLE POINT IN SAID LOT B; THENCE SOUTH 28*49'59" WEST,
ALONG THE SOUTHEASTERLY LINE OF SAID TRACT, A DISTANCE OF 225.55 FEET TO A POINT ON AN ARC OF A CURVE, THE CENTER OF WHICH
BEARS NORTH 3*21'25" EAST; THENCE WESTERLY, ALONG THE SOUTHWESTERLY LINE OF SAID TRACTAND ALONG AN ARC OF A CURVE TO THE
RIGHT, SAID CURVE HAVING A RADIUS OF 370.00 FEET, THROUGH A CENTRAL ANGLE OF 8*58'20" A DISTANCE OF 57.94 FEET; THENCE NORTH
11*43'39" WEST, DEPARTING FROM SAID LINE, A DISTANCE OF 65.52 FEET; THENCE NORTH 35*26'50" EAST A DISTANCE OF 102.47 FEET,
THENCE NORTH 20*30'09" EAST A DISTANCE OF 101.55 FEET TO THE NORTHEASTERLY LINE OF SAID TRACT; THENCE SOUTH 57*51'24" EAST,
ALONG SAID LINE, A DISTANCE OF 99.72 FEETTO THE POINT OF BEGINNING; EXCEPTTHAT PORTION OF SAID LOT B DESCRIBED AS FOLLOWS:
BEGINNING ATTHE MOST EASTERLY CORNER OF SAID TRACT E; THENCE NORTH 57*51'24" WEST, ALONG THE NORTHEASTERLY LINE OF SAID
TRACT, A DISTANCE OF 99.72 FEETTO THE TRUE POINT OF BEGINNING; THENCE NORTH 57*51'24" WEST, CONTINUING ALONG SAID LINE, A
DISTANCE OF 181.46 FEETTO THE MOST NORTHERLY CORNER OF SAID TRACT AND A POINT ON AN ARC OF A CURVE, THE CENTER OF WHICH
BEARS SOUTH 46*37'48" EAST; THENCE NORTHEASTERLY, DEPARTING FROM SAID LINE AND ALONG AN ARC OF A CURVE TO THE RIGHT, SAID
CURVE HAVING A RADIUS OF 370.00 FEET, THROUGH A CENTRAL ANGLE OF 5*35'42" A DISTANCE OF 36.13 FEET; THENCE NORTH 48*57'54"
EAST A DISTANCE OF 135.18 FEET TO A POINT OF CURVE; THENCE NORTHEASTERLY ALONG AN ARC OF A CURVE TO THE LEFT, SAID CURVE
HAVING A RADIUS OF 630.00 FEET, THROUGH A CENTRAL ANGLE OF 15*33-55" A DISTANCE OF 171.15 FEET; THENCE SOUTH 71*27'19" EAST A
DISTANCE OF 69.65 FEET; THENCE SOUTH 17*27'41" WEST A DISTANCE OF 101.68 FEET; THENCE SOUTH 24*11'23" WEST A DISTANCE OF 64.26
FEET; THENCE SOUTH 30*47'33" WEST A DISTANCE OF 187.37 FEET TO THE TRUE POINT OF BEGINNING.
092301-4-005-2006
PARCEL 10 OF 20 ACRE LAND SEGREGATION RECORDED UNDER AUDITOR'S FILE NO. 200612270418, RECORDS OF KITSAP COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS: THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 9,
TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON.
092301-4-003-2008
PARCEL 5 OF 20 ACRE LAND SEGREGATION RECORDED UNDER AUDITOR'S FILE NO. 200612270418, RECORDS OF KITSAP COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS: THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 23 NORTH,
RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON LYING NORTHERLY OF THE NORTH RIGHT-OF-WAY LINE OF MCCORMICK WOODS DRIVE
SW AS DEEDED TO KITSAP COUNTY BY DEED RECORDED UNDER KITSAP COUNTY RECORDING NUMBER 200610090200.>>>EXCEPTTHAT
PORTION CONVEYED TO KITSAP COUNTY FOR DETENTION POND UNDER AUDITOR'S FILE NO. 200902050056, RECORDS OF KITSAP COUNTY,
WASHINGTON.
092301-4-002-2009
PARCEL 4 OF 20 ACRE LAND SEGREGATION RECORDED UNDER AUDITOR'S FILE NO. 200612270418, RECORDS OF KITSAP COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS: THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 9 AND THE NORTH 200 FEET OF THE
NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY,
WASHINGTON LYING SOUTHERLY OF THE SOUTH RIGHT-OF-WAY LINE OF MCCORMICK WOODS DRIVE SW AS DEEDED TO KITSAP COUNTY BY
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DEED RECORDED UNDER KITSAP COUNTY RECORDING NUMBER 200610090200. EXCEPT THAT PORTION LYING WITHIN THE PLAT OF
MCCORMICK WOODS DIVISION 10, ACCORDING TO THE PLAT RECORDED IN VOLUME 29 OF PLATS, PAGES 120 THROUGH 131 INCLUSIVE,
RECORDS OF KITSAP COUNTY, WASHINGTON.
162301-1-021-2003
PARCEL 3 OF 20 ACRE LAND SEGREGATION RECORDED UNDER AUDITOR'S FILE NO. 200612270418, RECORDS OF KITSAP COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 16,
TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON LYING SOUTHEASTERLY OF THE PLAT OF MCCORMICK WOODS
DIVISION 10, ACCORDING TO THE PLAT RECORDED IN VOLUME 29 OF PLATS, PAGES 120 THROUGH 131, INCLUSIVE RECORDS OF KITSAP
COUNTY, WASHINGTON. EXCEPTTHE NORTH 2O0.00 FEETTHEREOF.
162301-1-020-2004
PARCEL 2 OF 20 ACRE LAND SEGREGATION RECORDED UNDER AUDITOR'S FILE NO. 200612270418, RECORDS OF KITSAP COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS: THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 16,
TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON.
162301-1-019-2007
PARCEL 1 OF 20 ACRE LAND SEGREGATION RECORDED UNDER AUDITOR'S FILE NO. 200612270418, RECORDS OF KITSAP COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS: THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 16,
TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON.
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