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Home My WebLink About2019/04/29 - Briefing Packet BOARD OF MASON COUNTY COMMISSIONERS DRAFT BRIEFING MEETING AGENDA 411 North Fifth Street, Shelton WA 98584 Week of April 29, 2019 Monday, April 29, 2019 Commission Chambers 9:00 A.M. Executive Session — RCW 42.30.110 (1)(i) Potential Litigation 9:25 A.M. Support Services — Frank Pinter 10:15 A.M. Therapeutic Courts — Judge Finlay/Bob Sauerlender 10:25 A.M. BREAK 10:30 A.M. Public Works — Jerry Hauth Utilities & Waste Management 10:45 A.M. Economic Development Council — Jennifer Baria Commissioner Discussion — as needed Briefing Agendas are subject to change,please contact the Commissioners'office for the most recent version. Last printed 04/25/19 at 1:12 PM If special accommodations are needed,contact the Commissioners'office at ext.419,Shelton#360-427-9670;Belfair #275-4467,Elma#482-5269. MASON COUNTY COMMISSIONER BRIEFING INFORMATION FOR WEEK OF April 29, 2019 In the spirit of public information and inclusion, the attached is a draft of information for Commissioner consideration and discussion at the above briefing. This information is subject to change, additions and/or deletion and is not all inclusive of what will be presented to the Commissioners. Please see draft briefing agenda for schedule. co 1854 - Mason County Support Services Department Budget Management Coy th Commissioner Administration 411 North 5 Street -` Emergency Management Shelton, WA 98584 Facilities, Parks&Trails 360.427.9670 ext. 419 Human Resources Information Services Labor Relations iXu Risk Management MASON COUNTY COMMISSIONER BRIEFING ITEMS FROM SUPPORT SERVICES April 29, 2019 • Specific Items for Review o Recommendations from Lodging Tax Advisory Committee (LTAC) - Diane o Resolution of Intent for Lake Management District for Spencer Lake - Diane o Elected Official/Position Bond — Dawn o Counter offer for parcel 32021-56-01013, 160 E Panorama Drive, $4,000- Frank o Proclamations for May 7 agenda - Correction Officer/Employee Week (week of May 6) and National Police Week (week of May 13) — Diane • Commissioner Discussion o Interlocal Agreement (ILA) with Peninsula Regional Transportation Planning Organization (PRTPO) —Cmmr. Neatherlin o Unfunded Mandate Op-Ed —Cmmr. Trask J:\DLZ\Briefing Items\2019\2019-04-29.docx MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Diane Zoren DEPARTMENT: Support Services EXT: 419 BRIEFING DATE: April 29, 2019 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEMS: Reappoint LTAC members for a 2-year term. Generators —Jake Geist/Shaun Tucker; Nate Welch Spenders— Stephanie Rowland, Heidi McCutcheon, Duane Wilson The Lodging Tax Advisory Committee (LTAC) met on April 17 to consider services for 2020 and made the recommendation to continue the contract with Northwest Event Organizers (NEO) using the same funding formula (68% of 2018 revenue) and to request for proposals for Visitor Information Centers (VIC) (30% of 2018 revenue). EXECUTIVE SUMMARY: LTAC recommended extending the NEO contract for 2020-2021. Funding in 2020 would be $325,000 with 30% or $97,500 dedicated to festival support. 2019 contract is for $266,114. The recommendation for VIC's is to call for proposals (current contracts cannot be extended). The funding recommendation for VIC's is $143,400. In 2019, Shelton Chamber was awarded $70,000 and the North Mason Chamber was awarded $43,600 for a total of$110,600. RECOMMENDED OR REQUESTED ACTION: Reappoint the current LTAC members for a two-year term. Extend the NEO contract for Tourism Development/Small Festival Support for 2020- 2021 and call for proposals for Visitor Information Services in 2020. J:\DLZ\Briefing Items\2019\Diane's items\LTAC 2020 services&membership.doc EXHIBIT A SCOPE OF SERVICES 2018 NORTHWEST EVENT ORGANIZERS, INC. TOURISM DEVELOPMENT& SUPPORT OF LOCAL FESTIVALS & EVENTS Northwest Event Organizers, Inc. called "CONTRACTOR"will be responsible for providing the following Tourism Development & Marketing services and support of Local Festivals & Events as well as others as detailed throughout this CONTRACT. CONTRACTOR will provide the following Tourism Development& Marketing services: 1) CONTRACTOR will communicate the marketing campaign to the Mason County Lodging Tax Advisory Committee (LTAC) members prior to implementation. The marketing campaign shall integrate with the established marketing campaign for Mason County. Media launches shall be prepared no later than March 2018. 2) Maintain and continue to update the Mason County Tourism Website—www.explorehoodcanal.com. CONTRACTOR will provide new content and keep the website current while maintaining the established branding and design. The website shall be of cross-device design for the best quality browsing experience, on all mobile devices and regardless of the operating system. Ensure the proper technical elements are aligned with Search Engine Optimization (SEO) best practices. This includes items such as XML site map, title tagging, URL structure, duplicate content, errors management, etc. 3) Reporting Requirements: Analyze, prepare and report key performance indicators (KPI) metrics on a quarterly basis. These metrics will include month over month and year over year results and trends for Lodging Tax revenue, website activity, social activity and growth. The report will include information on tourism development strategies the CONTRACTOR has used to engage potential visitors and enhance the visitor experience and details on the support provided to local festivals and events. 4) CONTRACTOR will fulfill reporting requirements as defined in Revised Code of Washington RCW 67.28.1816 (2)(c)(i). Data to fulfill these reporting requirements will be submitted to Mason County no later than February 15 after contract year. 5) Provide print materials necessary to best serve visitors. This includes navigational maps and maps that provide recreation/tourism information. CONTRACTOR will provide details on print material to COUNTY and to LTAC members prior to producing print materials. 6) Increase tourism outreach of the existing brand —The Wild Side of Washington. This includes contributions to social media outlets, promotions and blogging and continue to integrate new video material into the marketing plan using the current branding. 7) Continue outreach efforts with area businesses by promoting offers and events, provide advice when called upon and strategize additional events with special focus on off-season growth. 8) Collaborate with tourism groups and associations to extend and enhance the reach of marketing campaigns via partnerships and optimize opportunities. Any membership fees shall be paid by the CONTRACTOR at no additional cost to the COUNTY. 9) Exhibit at events that target secondary and tertiary markets including but not limited to travel, scuba, paddling, shellfish/seafood &wine events. 10) In the event this contract is awarded to a different contractor all costs incurred by NEO associated with the transition are included in this contract amount. J:\LTAC\2018\Contracts\Tourism Development-Small Festivals\MASON COUNTY contract-TOurlsm.docx Page 11 of 16 In addition, the CONTRACTOR will provide the following LOCAL FESTIVAL & EVENT Support: 1) All Mason County festivals and events will receive marketing through blog writings, social posts, e- mail mentions, monthly eNewsletters and shall be included on the Mason County Tourism Website— www.explorehoodcanal.com. 2) Communicate with the event organizers to determine the best media placements that can include print, radio, social, ferry advertising or other traditional or new media. Provide push notification about upcoming events. Provide on-site support at select festivals with the intent of increasing out- of-area tourism. This support includes hosting the Wild Side tent and gathering event assets including video, images, testimonials and event statistics. 3) Provide post-event support including posting photos/images and details about next year's event on the www.explorehoodcanal.com website and social media. 4) Create festivals and small events through partnerships with a special focus on off-season growth. 5) Reporting requirements. Provide the following metrics: attendance, media spend, and recommendations for improvements and growth. CONTRACTOR will fulfill reporting requirements as defined in Revised Code of Washington RCW 67.28.1816 (2)(c)(i). 6) A detailed inventory of all assets purchased under this CONTRACT shall be maintained by the CONTRACTOR and reported annually to the COUNTY by December 31. CONTRACTOR shall take appropriate steps to ensure all assets are protected and secure. J:\LTAC\2018\Contracts\Tourism Development-Small Festivals\MASON COUNTY Contract-TOurlsm.docx Page 12 of 16 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Diane Zoren DEPARTMENT: Support Services EXT: 747 BRIEFING DATE: April 29, 2019 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: Request to set hearing to form a lake management district for Spencer Lake. EXECUTIVE SUMMARY: A petition has been received by the County with 35% of property owners signing in favor of creating a LMD for Spencer Lake for a 10-year period. There are a total of 185 parcels in the LMD. This resolution sets the first of two hearings and notice will be mailed to all property owners in the proposed LMD. The process to form a LMD is lengthy and an outline is attached. In a nutshell — Commissioners determine petition is sufficient, hold 2 hearings, adopt 3 resolutions, adopt 1 ordinance, mail and process 1 ballot to each land owner, 3 mailings to all property owners that can include multiple documents, 3 legal notices published. BUDGET IMPACTS: The hard costs for the process will be paid by the Spencer Lake Steering Committee. Staff time is not reimbursed RECOMMENDED OR REQUESTED ACTION: On the May 7 agenda, place the Resolution of Intent to form a lake management district for Spencer Lake (LMD #3) setting a public hearing on Tuesday, June 11, 2019 at 9:15 a.m. pursuant to RCW 36.61.030. ATTACHMENTS: Resolution of Intention, Summary and flow chart of process Briefing Summary 4/24/2019 Resolution No. A RESOLUTION declaring the intention of the Board of County Commissioners to establish Lake Management District No. 3 for Spencer Lake pursuant to Chapter 36.61 RCW and setting the public hearing on formation of the same. WHEREAS, there is an indication of significant support from Spencer Lake property owners for formation of a Lake Management District(LMD) as evidenced by the submittal of LMD petitions. WHEREAS, the Board of County Commissioners has considered the Spencer Lake Integrated Aquatic Vegetation Management Plan prepared by Mason County Noxious Weed Control for the Spencer Lake community which would be the basis for the work plan for the LMD. This Plan includes provisions is to control noxious aquatic weeds at Spencer Lake in a manner that allows sustainable native plant and animal communities to thrive, maintains acceptable water quality conditions and facilitates recreational enjoyment(boating, fishing, and swimming) of the lake. The Board of County Commissioners enters the following findings of fact: 1. Formation of an LMD to protect Spencer Lake's beneficial uses and water quality is in the public interest. This is evidenced by the broad support expressed by Spencer Lake property owners evidenced by the number of signatures appearing on the LMD petitions. All properties within the LMD boundaries have direct access to the lakefront or community access and enjoy significant opportunity to enjoy the lake through passive and active recreation, which is reflected in relatively higher property values. These property owners will collectively share the greatest amount of benefit from the lake management program. Benefit to each property is appropriately reflected in the rates, which provide for a charge based on the total assessed value of the property. 2. The financing of the lake improvement or maintenance activities is feasible. The LMD will guarantee the fees needed to continue with control measures of fragrant waterlily and other noxious aquatic plants and the costs of permits, monitoring, printing and mailing. 3. Adequate provisions have been made to protect fish and wildlife. Aquatic herbicides have been approved for use by the US Environmental Protection Agency for the use in lakes and reservoirs used for human drinking water consumption. The herbicide will not harm fish or wildlife, and by eliminating the noxious aquatic plants, the native flora and fauna should be restored. 4. Financial security should not be required to cover the costs of the LMD process. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners for Mason County as follows: 1. Pursuant to RCW 36.61.030, the Board of Mason County Commissioners hereby designates the proposed LMD as Mason County Lake Management District No. 3 for Spencer Lake. 2. Purpose of the Lake Management District: a. Manage noxious aquatic plants in Spencer Lake to meet recreational and aesthetic needs. b. Employ proven techniques based on environmental safety. c. Conduct inspections to determine areas of invasive species infestation and effectiveness of treatments. d. Investigate and promote the best management practices for treatment of noxious weeds. e. Monitor for occurrence of as well as emergence of other lake plants that have been identified by the State of Washington as noxious. Resolution No. f. Maintain a volunteer advisory committee of lakefront owner representative to direct the efforts and funds of the LMD. 3. Charges to property: Annual rates and charges will raise funds to support LMD activities. Annual LMD budget and rates will be recommended by the LMD Steering Committee to be adopted by the county commissioners. The estimated amount that will be raised by the LMD rates in 2020 is $13,996. The total estimated LMD rate revenue for the 10 year LMD including a maximum 5% annual increase for inflation is $176,043. The annual 5% increase would only occur if approved by the LMD#3 Advisory Committee. The formula of rates and charges that is to be used to establish the 2020 assessment for the LMD is 23 (twenty-three) cents per thousand valuation. Property owners within Lake Management District No. 3 currently enrolled in the Senior Citizen Exemption Program with the Mason County Assessor's Office will receive a reduction in their LMD rates &charges for the years in which they are entitled to the exemption with the County. In order to receive the reduction in any given year, property owners must have qualified on or before November 1 of the prior year. 4. The duration of the proposed LMD is 10 years, beginning in 2020. 5. The proposed boundaries of the District are all properties with lakefront access to Spencer Lake in Mason County, Washington. 6. Spencer Lake Management District Steering Committee: The volunteer Spencer Lake Management Advisory Committee will represent the interests of property owners with lakefront to the lake. Annual LMD work plan and budget will be recommended by the advisory committee for approval by the county commissioners. The Committee will track activities and expenditures. The County staff will provide Committee support including monthly financial reports and invoice payments to contractors. 7. In lieu of a$5,000 bond to cover the cost of the LMD process as authorized by RCW 36.61.030, the processing costs (postage, legal advertisements, paper and other necessary costs to create the District) shall be paid by the Spencer Lake Management Advisory Committee. 8. A public hearing on the formation of the proposed LMD No. 3 shall be held on June 11, 2019 at 9:15 a.m. in the Mason County Commission Chambers, 411 North 5th Street, Shelton, WA. ADOPTED this 7th day of May, 2019. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY,WASHINGTON Melissa Drewry, Clerk of the Board Kevin Shutty, Chair Sharon Trask, Commissioner APPROVED AS TO FORM: Timothy Whitehead Randy Neatherlin, Commissioner Chief Deputy Prosecuting Attorney C: LMD#3 Assessor Treasurer File Publish 2x—5/16 & 5/23— Bill Commissioners J:\Lake Management District\Spencer Lake\LMD- Resolution of Intent#1.doc Lake Management District Process/Timeline • The creation of a lake management district (LMD) is initiated by either adoption of resolution of intention by Commissioners or filing of a petition signed by ten landowners or the owners of at least 20% of the acreage contained within the proposed lake management district, whichever is greater. • Petition or resolution of intention shall set forth 1) nature of the LMD; 2) amount of money proposed to be raised; 3) if special assessments are imposed — how that is done; 4) if rates and charges are imposed, annual amount of revenues proposed to be collected and whether revenue bonds payable are proposed to be issued; 5) number of years proposed for duration of LMD; 6) proposed boundaries of LMD. • Bond of up to $5,000 may be required to finance the county's costs. • Petitions shall be filed with the Commissioners and the Commissioners shall determine the sufficiency of the signatures. If the petition is determined to be sufficient and the proposed LMD appears to be in the public interest and the financing is feasible, the Commissioners shall adopt a resolution of intention (Resolution #1) setting a public hearing to consider the formation of the proposed LMD. The public hearing shall be at least 30 days and no more than 90 after the adoption of the resolution of intention. Notice must be mailed to all property owners & published twice and to WA DNR, Ecology & Fish &Wildlife (sent registered mail to WA State agencies, 30 days in advance to state agencies) Notice to property owners includes their parcel #, name, LMD charge • Hold hearing to consider petition to form LMD (adopt Resolution #2 for vote) • Send ballot and resolution to all property owners. Ballots are due to Commissioners' office within 20 to 30 days of mailing. Each property owner within the district can vote, do not need to be a resident or registered voter. One vote per dollar of LMD charge. Ballots are public. • If simple majority of votes are in favor of forming LMD, Commissioners adopt Ordinance to create LMD. Publish notice (1x) that Ordinance was adopted within 10 days of adoption. • Set hearing to consider objections to proposed roll of rates &charges. Notice of objection hearing to all property owners & publish twice. • Hold hearing to consider objections • Adopt rates &charges roll by resolution at public hearing &a resolution prescribing interest and penalties. (adopt Resolution #3) • LMD charges are billed by Treasurer on tax statement Summary — Determine petition is sufficient, hold 2 hearings, adopt 3 resolutions, adopt 1 ordinance, mail and process 1 ballot to each land owner, 3 mailings to all property owners that can include multiple documents, 3 legal notices published J:\Lake Management District\Process-timeline for Lake Management District.doc KE MANAGEMENT DISTRICT FORMATION PROCESS FOR SPENCER LAKE (RCW 36.61) STEP S STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 STEP 11 STEP 12 May 7,2019 June 11,2019 June 11,2019 June/July 2019 August August September 10,2019 September BOCC approves LIVID as BOCC adopts ordinance 4 i PUBLIC HEARING BOCC proposed and Adopts creating LIVID if majority of 4 BOCC public hearing on BOCC adopts roll by resolution determines if LIVID is: Resolution for vote of votes are in favor(Aug 6) written objections to BOCC sets public hearing 4 1.in public interest? property owners Set public hearing date to roll of LIVID charges.If by adopting Resolution of And consider objections to charges are raised or Intention 2.is the proposed LIVID proposed roll of rates& new property included, LIVID charges billed by financially feasible? BOCC revises LIVID and charges 1` hearing must be Treasuer(generally on tax approves Resolution for vote repeated. statement) Mail notice to each of property owners No property owner and No Ballots mailed to publish in 2 consecutive iproperty owners(in mail issues of newspaper at least 15 days prior to BOCC rejects LIVID as 1.not BOCC reconsiders the no later than June 18):1 Notice of LIVID published in hearing. in public interest and/or proponent's revised LMD" vote per dollar of newspaper w/in 10 days of For state owner property 2.financing not feasible proposed LIVID charge. adoption.(Aug 15)Notice days required(RCW Return to BOCC office of objection hearing to 3 r No w/in 20-30 days of property owners,mail at 79.44) Nil mailing due Jul 17 least 20 days in advance LIVID process ends No Majority of returned Board Action votes"no"Process ends Staff Action Process Stops MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Dawn Twiddy DEPARTMENT: Support Services EXT: 422 BRIEFING DATE: 4/29/19 PREVIOUS BRIEFING DATES: 1/14/19 (If this is a follow-up briefing, please provide only new information) ITEM: Approval to place on the May 14th Action Agenda a Resolution setting the amounts of bonds for Mason County officials, authorizing the Human Resources Department to obtain bonds for County Officials, setting a public officials position schedule bond and creating a Mason County Code. BUDGET IMPACTS: No additional budget impact. Individual departments have already budgeted for their bonds and Non-Departmental has budgeted for other insurance premiums. BACKGROUND: As mandated in in RCW 36.16.050, every county official beforehe or she enters upon the duties of his or her office shall furnish a bond conditioned that he or she will faithfully perform the duties of his or her office and account for and pay over all money which may come into his or her hands by virtue of his or her office, and that he or she, or his or her executors or administrators, will deliver to his or her successor safe and undefaced all books, records, papers, seals, equipment, and furniture belonging to his or her office. Bonds deemed necessary for other than elective officials shall be determined by the Board of County Commissioners. RECOMMENDED OR REQUESTED ACTION: Approval to place on the May 14th Action Agenda a Resolution setting the amounts of bonds for Mason County officials, authorizing the Human Resources Department to obtain bonds for County Officials, setting a public officials position schedule bond and creating a Mason County Code. ATTACHMENTS: Resolution Briefmg Summary 4/24/2019 RESOLUTION NO. ESTABLISHMENT OF BOND REQUIREMENTS FOR MASON COUNTY ELECTED OFFICIALS AND OTHER PUBLIC OFFICIALS WHEREAS, RCW 48.28.010 provides an alternative form of surety to satisfy bonding requirements mandated in RCW 36.16.050, thus all county officers are included in the faithful performance, public officials position schedule bond (blanket bond); Assessor, Auditor, County Commissioners, Coroner, Deputy Coroners, District Court Judge, Pro- tempore, Clerks, Administrators; and WHEREAS, the Human Resources Department, as agent for the Board of County Commissioners, obtained bonds for the Mason County Treasurer in the amount of $150,000, which renews annually; and WHEREAS, all Elected Officials will be named in the public officials position schedule bond; and NOW THEREFORE, the Board of County Commissioners of Mason County, State of Washington, does resolve as follows: The Human Resources Department is authorized to annually renew the elected official bonds, position bonds and sureties with limits set by the Boards of County Commissioners as mandated in RCW 36.16.050. Designated The following bonds are established for elected officials of Mason County: (1) Assessor's position bond to be fixed at ten thousand dollars ($10,000). (RCW 36.16.050). (2) Auditor's position bond to be fixed at one hundred thousand dollars ($100,000) (RCW 36.16.050; RCW 65.12.090; RCW 42.24.180). (3) Clerk's bond to be fixed at one hundred thousand dollars ($100,000) and sureties to be approv4ed by the presiding judge over the court of which he or she is clerk and recorded in the office of the County Auditor and filed in the office of the County Treasurer. (RCW 36.16.050; RCW 36.16.060). (4) Coroner's and Deputy Coroner's bond to be fixed at ten thousand dollars ($10,000) (RCW 36.16.050). (5) County Commissioners' position bonds to be fixed at twenty thousand dollars ($20,000) (RCW 36.16.050). (6) District Court Judge, Pro-tempore, court commissioners, district court clerks and court employees' position bonds to be fixed at twenty thousand dollars ($20,000) (RCW 3.34.090; RCW 36.16.050). (7) Prosecuting Attorney's position bond to be fixed at ten thousand dollars ($10,000) (RCW 36.16.050). (8) Sheriff's position bond to be fixed at ten thousand dollars ($10,000) (RCW 36.16.050). (9) Treasurer's bond to be fixed at one hundred fifty thousand dollars ($150,000) and sureties to be approved by the Board of County Commissioners and filed and recorded in the office of the County Clerk (RCW 36.16.050); Filing Requirements Every county official, before entering upon the duties of his or her office, shall file his or her official bond in the office of the County Clerk; PROVIDED, That the official bond of the County Clerk, after first being recorded by the County Auditor, shall be filed in the office of the county Treasurer. Bonds of deputies, court commissioners, and employees shall be filed in the office in which the bonds of their principals are required to be filed. (RCW 36.16.050; RCW 36.16.060). ADOPTED: BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Kevin Shutty, Chair Clerk of the Board APPROVED AS TO FORM: Randy Neatherlin, Commissioner Tim Whitehead, Sharon Trask, Commissioner Chief Deputy Prosecuting Attorney MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Frank Pinter/Melissa Drewry DEPARTMENT: Support Services EXT: 530 BRIEFING DATE: 4/29/19 PREVIOUS BRIEFING DATES: 4/15/19 If this is a follow-up briefing, please provide only new information ITEM: A Counter offer has been made for parcel 32021-56-01013, 160 E. Panorama Drive, Shelton in the amount of$4,000. EXECUTIVE SUMMARY(If applicable, please include available options and potential solutions): This parcel is Tax Title and was deeded to Mason County on February 5, 2016. An attempt to sell was made at the 2018 Tax Title auction with no interested bidders, Per RCW 36.35.150(1)(d.) this parcel can be sold by direct negotiation within twelve months of the attempted auction. This parcel came before the Board on 4/15/19 with an offer of$3,600. The Board countered for $4,500. A counter offer from the potential buyer was received on 4/23/2019 in the amount of$4,000. OPTIONS: Accept counter and set public hearing in order to sell property Counter offer Refuse offer ATTACHMENTS: Counteroffer Addendum Briefing Summary 4/24/2019 Form 36 ©Copyright 2011 Counteroffer Addendum Northwest Multiple Listing Service Rev.6111 COUNTEROFFER ADDENDUM ALL RIGHTS RESERVED Page 1 of 1 ' TO REAL ESTATE PURCHASE AND SALE AGREEMENT All terms and conditions of the offer(Real Estate Purchase and Sale Agreement)dated Apri105,2019 1 concerning 160 E Panorama Drive Shelton WA 98584 (the"Property"), 2 Address city state zip by Stuart B Simpson as Buyer 3 and the undersigned Mason County as Seller 4 are accepted,except for the following changes. 5 Id The Purchase Price shall be$ 4,000.00 6 7 El Other. 8 1)Closing shall be 75 days after mutual acceptance. 9 10 2)Feasibility Contingency shall be 60 days .NWMLS form 25,page 1,paragraph 15 is revised to: 11 Feasibilty contingency expiration date: 60 days after mutual acceptance. 12 13 14 15 16 17 i 18 19 20 21 22 23 24 25 I 26 This counteroffer shall expire at 9:00 p.m. on (if not filled in, two days after it is delivered), 27 unless it is sooner withdrawn. Acceptance shall not be effective until a signed copy is received by the counterofferor, 28 their broker or at the licensed office of their broker. If this counteroffer is not so accepted, it shall lapse and the 29 Earnest Money shall be refunded to Buyer. 30 All other terms and conditions of the above offer are incorporated herein by reference as though fully set forth. 31 Signature Date Signature Date The above counteroffer is accepted. Signature Date Signature Date Aulhenttaign ID:AFC52442-CA26-/1er.B6B3-1D2BO4AOF55F i Form 25 ©Copyllght 2017 Vacant Land Purchase 8 Sale Northwest Multiple Usting Service Rev,2117 VACANT LAND PURCHASE AND SALE AGREEMENT ALL RIGHTS RESERVED Page 1 of 5 SPECIFIC TERMS i. Date: April 05,2019 MILS No.;1416127 Offer Expiration Date: 4/9/2019 2. Buyer. Stuart B Simpson j i Buyer swan I 3. Seller. Mason County I selbr seer 4. Property:Legal Description attached as Exhibit A Tax Parcel No(s).: 320215601013 160 E Panorama Drive Shelton 341ason WA 98584 Cfry na Stale 21p Adores+ 5. Purchase Price. dvedJ1.lY fl'Z, � �� Dollars 6, Earnest Money:$ Q Check; ❑Note;Id Other (held by 0 Selling Firm-,0 Closing Agent) 7. Default:(check oniy one)El Forfeiture of Earnest Money;❑Seller's Election of Remedies i. 8. Title Insurance Company: Mason Coanty Title#20191734 r 9. Closing Agent: Mason County Title company Indh9dual(apilonal) 10. Closing Date: 7/5/2019 Possession Date:M on Closing;❑Other 11. Services of Closing Agent for Payment of Utilities:❑Requested(attach NWMLS Form 22K);0 Waived 12- Charges/Assessments Levied Before but Due After Closing:0 assumed by Buyer,0 prepaid in full by Seiler at Closing 13, Seller Citizenship(FiRPTA): Seller 0 is;Uiis not a foreign person for purposes of U.S.income taxation 14. Subdivision:The Property:0 must be subdivided before ;❑is not required to be subdivided 15. Feasibility Contingency Expiration Data:Ild 90 days after mutual acceptance;Q Other 16. Agency Disclosure: Selling Broker represents: 19 Buyer, ❑Seller,0 both parties;❑neither party E Listing Broker represents: 9 Seller; Q both parties 17. Addenda: 22D(000nal Classes) 22T(Title Contingcncy) 35F(Feasibility) I f- I I Authentiv N r NeaMadin 04 04/18/2019 ' -✓ 4H8'2ai9-4:Wo_99-PM PIDT Buyers Signature eta Seller's Signature Date Buyers Signature Date Seller's Signature Date Buyer's Address Setters Address City,State,Zip city,State,Zip (360)427-9670 Phone No. Fax No. Phone No. Fax No, Buyer's E-mail Address segers E-mall Address John 1-Scott,Inc 9272 Richard Beckman Realty Group 4537 Selling Firm MLS Office No. Listing Firm MLS Office No. Evelyn Germano 101424 Richard Beckmam 55681 Sellingirokar(Print) MLS LAG No. Listing Broker(PflM) MLS LAG No. (253)858-7500 (253)344-6756 (253)8584501 (360)426-5521 (360)790-1921 (360)426-1645 Firm Phone No. BrokerPhone No. Firm Fax No. Firm Phone No. Broker Phone No. Firm Fax No- notites.gigharbor@johnlscatt.com mail@RichardBeckman.eom Selling Firm Document E-mail Address Listing Firm Document E-mail Address evelyng@johnlscottcom richard@richardbeckman.com Selling Broker's E-mail Address Listing Brokers E-mail Address 117662 2122 98421 9628 Selling Braker DOL License No. Seung Finn DOL License No. Listing Broker DOL License No. Listing Firm DOL license No. Authentisign ID:AFC52442-CA261lB5-B893-7D2BO4AOF55F I 1 i i Fonn 25 aeopyright 2017 j Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev,2117 ALL RIGHTS RESERVED Page 2 of 5 GENERAL TERMS Continued a. Purchase Price.Buyer shall pay to Seller the Purchase Price,including the Eamest Money,in cash at Closing, unless 1 otherwise specified in this Agreement Buyer represents that Buyer has sufficient funds to close this sale in accordance 2 with this Agreement and is not relying on any contingent source of funds, including funds from loans, the sale of other 3 property,gifts,retirement,or future earnings,except to the extent otherwise specified in this Agreement 4 b. Earnest Money. Buyer shall deliver the Earnest Money within 2 days after mutual acceptance to Selling Braker or to 5 Closing Agent. if Buyer delivers the Earnest Money to Selling Broker,Selling Broker will deposit any check to be held by 6 Selling Firm,or deliver any Earnest Money to be held by Closing Agent,within 3 days of receipt or mutual acceptance, 7 whichever occurs later.If the Earnest Money is held by Selling Firm and is over$10,000,00 it shall be deposited into an 8 Interest bearing trust account in Selling Firm's name provided that Buyer completes an iRS Form W-9.interest,if any, 9 after deduction of bank charges and fees,will be paid to Buyer. Buyer shall reimburse Selling Firm for bank charges 10 I and fees in excess of the interest earned, if any. If the Eamest Money held by Selling Firm Is over$10,000.00 Buyer 11 i. has the option to require Selling Firm to deposit the Eamest Money Into the Housing Trust Fund Account, with the 12 interest paid to the State Treasurer,if both Seller and Buyer so agree In writing. if the Buyer does not complete an iRS 13 Form W-9 before Selling Firm must deposit the Earnest Money or the Earnest Money Is$10,000.00 or less,the Earnest 14 Money shall be deposited Into the Housing Trust Fund Account.Selling Firm may transfer the Earnest Money to Closing 15 Agent at,Closing. If all or part of the Earnest Money is to be refunded to Buyer and any such costs remain unpaid,the 16 Selling Firm or Closing Agent may deduct and pay them therefrom.The parties Instruct Closing Agent to provide written 17 j verification of receipt of the Eamest Money and notice of dishonor of any check to the parties and Brokers at the 18 addresses and/or fax numbers provided herein. 19 i I I Upon termination of this Agreement,a party or the Closing Agent may deliver a form authorizing the release of Earnest 20 Money to the other party or the parties.The party(s)shall execute such form and deliver the same to the Closing Agent. 21 If either party falls to execute the release form,a party may make a written demand to the Closing Agent for the Earnest 22 Money. Pursuant to RCW 64.04, Closing Agent shall deliver notice of the demand to the other party within 15 days. If 23 ; the other party does not object to the demand within 20 days of Closing Agent's notice,Closing Agent shall disburse the 24 i Earnest Money to the party making the demand within 10 days of the explration of the 20 day period. If Closing Agent 25 timely receives an objection or an inconsistent demand from the other party, Closing Agent shall commence an 26 interpleader action within 60 days of such objection or inconsistent demand, unless the parties provide subsequent 27 consistent Instructions to Closing Agent to disburse the earnest money or refrain from commencing an interpleader 28 action for a specified period of time. Pursuant to RCW 428.080, the parties consent to service of the summons and 29 complaint for an interpleader action by first class mal, postage prepaid at the partys usual mailing address or the 30 address identified in this Agreement. If the Closing Agent complies with the preceding process, each party shall be 31 deemed to have released Closing Agent from any and all claims or liability related to the disbursal of the Earnest 32 Money. If either party fails to authorize the release of the Earnest Money to the other party when required to do so 33 under this Agreement,that party shall be In breach of this Agreement.For the purposes of this section, the term Closing 34 i Agent includes a Selling Firm holding the Eamest Money.The parties authorize the party commencing an Iriterpleader 35 36 action to deduct up to$500.00 for the costs thereof. c. Condition of Title, Unless otherwise specified in this Agreement, title to the Property shalt be marketable at Closing. 37 The following shall not cause the title to be unmarketable: rights, reservations, covenants, conditions and restrictions, 38 presently of record and general to the area; easements and encroachments, not materially affecting the value of or 39 unduly interfering with Buyer's reasonable use of the Property; and reserved all and/or mining rights. Monetary 40 encumbrances or liens not assumed by Buyer,shall be paid or discharged by Seller on or before Closing.Title shall-be 41 conveyed by a Statutory Warranty Deed. If this Agreement is for conveyance of a buyer's interest in a Real Estate 42 Contract, the Statutory Warranty Deed shall include a buyer's assignment of the contract sufficient to convey after 43 acquired title.If the Property has been short platted,the Short Plat number is in the Legal Desrxiption. 44 d. Title insurance. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense, to apply for the then-current 45 ALTA form of standard form owner's policy of title insurance from the Title Insurance Company. If Seller previously 46 received a preliminary commitment from a Title Insurance Company that Buyer declines to use, Buyer shall pay any 47 cancellation fees owing to the original Title Insurance Company. Otherwise, the party applying for title insurance shall 48 pay any title cancellation fee, In the event such a fee is assessed.The Title Insurance Company shall send a copy of 49 the preliminary commitment to Seller, Listing Broker, Buyer and Selling Broker. The preliminary commitment, and the 50 title policy to be issued,shall contain no exceptions other than the General Exclusions and Exceptions in said standard 51 form and Special Exceptions consistent with the Condition of Title herein provided.If title cannot be made so insurable 52 prior to the Closing Date, then as Buyer's sole and exclusive remedy,the Earnest Money shall, unless Buyer elects to 53 waive such defects or encumbrances,be refunded to the Buyer,less any unpaid costs described In this Agreement,and 54 this Agreement shall thereupon be terminated. Buyer shall have no right to specific performance or damages as a 5.5 consequence of Seller's inability to provide Insurable title. 56 e. Closing and Possession.This sale shall be closed by the Closing Agent on the Closing Date. "Closing" means the 57 date on which all documents are recorded and the sale proceeds are available to Seller, if the Closing Date falls on a 58 Saturday, Sunday, legal holiday as defined in RCW 1.16.050, or day when the county recording office is closed, the 59 Closing Agent shall close the transaction on the next day that is not a Saturday, Sunday,legal holiday,or day when the 60 04/18/2019 Buyers Initlats Date Buyer's Initials Date s Initials Date i i -------- ........ _.. __ ............ Authentisign ID:AFC52442-CA26-41B6-B683-1D2BD4AOFSSF Form 25 @Copyright 2017 Vacant Land Purchase&Sole Northwest Multiple Listing Service I Rev,2117 VACANT LAND PURCHASE AND SALE AGREEMENT ALL RiGHTS RESERVED Page 3 of 5 GENERAL TERMS Conflnued I i county recording office Is closed.Buyer shall be entitled to possession at 9:00 p.m,on the Possession Date.Seiler shall 61 maintain the Property In its present condition,normal wear and tear excepted,until the Buyer is entitled to possession. 62 Buyer reserves the right to walk through the Property within 5 days of Closing to verify that Seller has maintained the 63 Property as required by this paragraph. Seller shall not enter into or modify existing leases or rental agreements, 64 service contracts, or other agreements affecting the Property which have terms extending beyond Closing without first 65 obtaining Buyer's consent,which shall not be unreasonably withheld. 66 i i f. Section 1031 Like-Kind Exchange.If either Buyer or Seiler intends for this transaction to be a part of a Section 1031 67 like-kind exchange, then the other party shall cooperate in the completion of the like-kind exchange so long as the 68 cooperating party incurs no additional Ilabifity in doing so, and so long as any expenses (including attorneys'fees and 69 costs)Incurred by the cooperating party that are related only to the exchange are paid or reimbursed to the cooperating 7o 1 ! party at or prior to Closing. Notwithstanding the Assignment paragraph of this Agreement, any party completing a 71 Section 1031 like-kind exchange may assign this Agreement to its qualified Intermediary or any entity set up for the 72 purposes of completing a reverse exchange. 73 g. Closing Costs and Prorations and Charges and Assessments. Seller and Buyer shall each pay one-half of the 74 escrow fee unless otherwise required by appricable FHA or VA regulations. Taxes for the current year, rent, interest, 75 and liienable homeowner's association dues shall be prorated as of Closing. Buyer shall pay Buyer's loan costs, 76 inciuding credit report,appraisal charge and lender's title insurance,unless provided otherwise in this Agreement If any 77 payments are delinquent on encumbrances which will remain after Closing, Closing Agent is instructed to pay such 78 delinquencies at Closing from money due,or to be paid by,Seiler. Buyer shall pay for remaining fuel in the fuel tank if, 79 i prior to Closing, Seller obtains a written statement from the supplier as to the quantity and current price and provides 80 such statement to the Closing Agent. Seiler shall pay all utility charges, including unbilled charges. Unless waived in 61 Specific Term No. 11,Seller and Buyer request the services of Closing Agent in disbursing funds necessary to satisfy 82 unpaid utility charges in accordance with RCW 60.80 and Seller shall provide the names and addresses of aft utilities 83 providing service to the Property and having lien rights (attach NWMLS Form 22K identification of Utilities or 84 ; equivalent). 85 Buyer is advised to verify the existence and amount of any local Improvement district, capacity or impact charges or 86 other assessments that may be charged against the Property before or after Closing. Seller will pay such charges that 87 are or become due on or before Closing.Charges levied before Closing, but becoming due after Closing shall be paid 88 as agreed in Specific Term No.12. 89 h. Sale Information. Listing Broker and Selling Broker are authorized to report this Agreement (including price and all 90 I ! terms)to the Multiple Listing Service.that published It and to its members,financing institutions,appraisers,and anyone 91 else related to this sale.Buyer and Seller expressly authorize all Closing Agents, appraisers,title insurance companies, 92 and others related to this Sale, to furnish the Listing Broker and/or Selling Broker, on request, any and all information 93 and copies of documents concerning this sale. 94 1. Selfer Citizenship and FIRPTA.Seller warrants that the identification of Seller's citizenship status for purposes of U.S. 95. income taxation in Specific Term No. 13 is correct.Seller shall execute a certiric:atien(NWMLS Form 22E or equivalent) 96 under the Foreign investment In Real Property Tax Act("FIRPTA")at Closing and provide the certification to the Closing 97 Agent If Seller Is a foreign person for purposes of U.S. income taxation,and this transaction is not otherwise exempt 98 from FIRPTA,Closing Agent is instructed to withhold and pay the required amount to the Internal Revenue Service. 99 j. Notices and Delivery of Documents. Any notice related to this Agreement (including revocations of offers or 100 counteroffers) must be in writing.Notices to Seller must be signed by at!east one Buyer and shall be deemed delivered 101 only when the notice is received by Seller,by Listing Broker,or at the licensed office of Listing Broker.Notices to Buyer 102 must be signed by at least one Seller and shall be deemed delivered only when the notice is received by Buyer, by 1o3 Selling Broker, or at the licensed office of Selling Broker.Documents related to this Agreement, such as NWMLS Form 1o4 17C,Information on Lead-Based Paint and Lead-Based Paint Hazards,Public Offering Statement or Resale Certificate, 105 and all other documents shall be delivered pursuant to this paragraph. Buyer and Seller must keep Selling Broker and 106 Listing Broker advised of their whereabouts in order to receive prompt notification of receipt of a notice. 107 Facsimile transmission of any notice or document shall constitute delivery. E-mail transmission of any notice or 108 document(or a direct link to such notice or document)shall constitute delivery when:(!)the e-mail is sent to bath Selling 109 Broker and Selling Firm or both Listing Broker and Listing Firm at the e-mail addresses specified on page one of this 110 Agreement;or(ii)Selling Broker or Listing Broker provide written acknowledgment of receipt of the e-mail(an automatic 111 e-mail reply does not constitute written acknowledgment). At the request of either party, or the Closing Agent, the 112 parties will confirm facsimile or e-mail transmitted signatures by signing an original document. 113 k. Computation of Time. Unless otherwise specified in this Agreement,any period of time measured in days and stated 114 l in this Agreement shall start on the day following the event commencing the period and shall expire at 9:00 p.m.of the 115 i last calendar day of the specified period of time. Except for the Possession Date, if the last day Is a Saturday, Sunday 116 or legal holiday as defined in RCW 1.16.050, the specified period of time shall expire on the next day that is not a 117 Sat d Sunday or legal holiday_ Any specified period of 5 ys le�- ..•.___4-C-- "-- ieHod relating to the 118 27 �p,5, 7� 04/1812019 ^^1 Bu ees Initlals Date Se lards Date Seller's initials Date Buyer's Initials Date y I E ... __ ----- - Aurhentksrgn 10:AFC52442-CA26-41B6-B683-1D2BD4ADF66F i l , Form 25 ©Copyright 2017 Vacant Land Purchase&SaloNorthwest Multiple VACANT LAND PURCHASE AND SALE AGREEMENT Listing Service i ALL RIGHTS RESERVEDRev.2117 i Page 4of5 GENERALTERMS Continued Possesion Date,shall not include Saturdays,Sundays or legal holidays.if the parties agree that an event will occur on a 119 specific calendar date, the event shall occur on that date, except for the Closing Date,which, if it falls on a Saturday, 120 I I Sunday,legal holiday as defined in RCW 1.16.050,or day when the county recording office is closed,shall occur on the 121 next day that is not a Saturday,Sunday,legal holiday, or day when the county recording office is closed. If the parties 122 ! agree upon and attach a legal description after this Agreement is signed by the offeree and delivered to the offeror,then 123 for the purposes of computing time,mutual acceptance.shall be deemed to be on the date of delivery of an accepted 124 offer or counteroffer to the offeror, rather than on the date the legal description is attached. Time is of the essence of 125 this Agreement 126 I I. integration and Electronic Signatures.This Agreement constitutes the entire understanding between the parties and 127 supersedes all prior or contemporaneous understandings and representations. No modification of this Agreement shall 128 be effective unless agreed in writing and signed by Buyer and Seller. The parties acknowledge that a signature In 129 efectronlc form has the same legal effect and validity as a handwritten signature. 130 m. Assignment. Buyer may not assign this Agreement,or Buyer's tights hereunder,without Seller's prior written consent, 131 unless the parties Indicate that assignment is permitted by the addition of"and/or assigns" on the line Identifying the 132 Buyer on the first page of this Agreement 133 n. Default: 1n the event Buyer fails, without legal excuse, to complete the purchase of the Property, then the following 134 provision,as identified In Specific Term No.7,shall apply: 135 1. Forfeiture of Earnest Money.That portion of the Earnest Money that does not exceed five percent (5%)of the 136 Purchase Pdce shall be forfeited to the Seller as the sole and exclusive remedy available to Seller for such falfure. 137 ii. Seller's Election of Remedies.Seller may, at Seller's option, (a)keep the Eamest Money as liquidated damages 138 as the sole and exclusive remedy available to Seller for such failure, (b)bring suit against Buyer for Seller's actual 139 i damages, (c) bring suit to specifically enforce this Agreement and recover any incidental damages, or(d) pursue 140 any other rights or remedies available at law or equity. 141 o, Professional Advice and Attorneys' Fees. Buyer and Seller are advised to seek the counsel of an attorney and a 142 certified public accountant to review the terms of this Agreement. Buyer and Seller shall pay their own fees Incurred for 143 i such review. However,If Buyer or Seller institutes suit against the other concerning this Agreement the prevailing party 144 is entitled to reasonable attomeys'fees and expenses. 145 p. Offer.Buyer shall purchase the Property under the terms and conditions of this Agreement.Seller shall have until 9:00 146 p.m.on the Offer Expiration Date to accept this offer,unless sooner withdrawn.Acceptance shall not be effective until a 147 i signed copy is received by Buyer, by Selling Broker or at the licensed office of Selling Broker, if this offer is not so 148 accepted,It shall lapse and any Earnest Money shall be refunded to Buyer. 149 i q. Counteroffer. Any change In the terms presented in an offer or counteroffer, other than the inser Inn of or change to 150 Seller's name and Seller's warranty of citizenship status, shall be considered a dounteroffer. If a party makes a 151 counteroffer, then the other party shall have until 9:00 p.m. on the counteroffer expiration date to accept that 152 counteroffer, unless sooner withdrawn. Acceptance shall not be effective until a signed copy Is recetved by the other 153 party,the other party's broker,or at the licensed office of the other party's broker. If the counteroffer is not so accepted, 154 it shall lapse and any Earnest Money shall be refunded to Buyer. 155 r. Offer and Counteroffer Expiration Date. If no expiration date is specified for an offer/counteroffer, the 156 offer/counteroffer shall expire 2 days after the offer/counteroffer is delivered by the party making the offer/counteroffer, 161 unless sooner withdrawn. 158 s. Agency Disclosure. Selling Firm, Selling Finn's Designated Broker, Selling Broker's Branch Manager {if any) and 159 Selling Broker's Managing Broker(if any)represent the same party that Selling Broker represents, Listing Firm,Listing 160 Firm's Designated Broker, Listing Broker's Branch Manager (if any), and Listing Broker's Managing Broker Cif any) 161 represent the same party that the Listing Broker represents. If Selling Broker and Listing Broker are different persons 162 affiliated with the same Firm,then both Buyer and Seller confirm their consent to Designated Broker, Branch Manager 163 (if any),and Managing Broker(if any)representing both parties as dual agents, if Selling Broker and Listing Broker are 164 the same person representing both parties then both Buyer and Seller confirm their consent to that person and his/her 165 Designated Broker, Branch Manager(if any),and Managing Broker(if any)representing both parties as dual agents.All 166 parties acknowledge receipt of the pamphlet entitled"The Law of Real Estate Agency." 167 t. Commission. Seller and Buyer shall pay a commission In accordance with any listing or commission agreement to 168 which they are a party. The Listing Firm's commission shall be apportioned between Listing Firm and Selling Firm as 169 specified in the listing. Seller and Buyer hereby consent to Listing Firm or Selling Firm receiving compensation from 170 more than one parry. Seller and Buyer hereby assign to LJsting Firm and Selling Firm,as applicable,a portion of their 171 funds in escrow equal to such commisslon(s)and irrevocably instruct the Closing Agent to disburse the commission(s) 172 directly to the Firm(s).In any action by Listing or Selling Firm to enforce this paragraph,the prevailing party is entitled to 173 L /7 r%N] 04/18/2019 Buyers Initials Date Buyers initials Date Seller's initials Date Seller's Initials Date Authendsign IM AFC52442-CA264185-6693-1D2BG4AOf66F i ®Copyright 2017 Form 25 Northwest Muir ple Listing Service i Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT ALL RIGHTS RESERVED i Rev,2117 GENERAL TERMS Page 5 of 5 continued court costs and reasonable attomeys'fees.Seller and Buyer agree that the Firms are intended third party beneficiaries 174 175 under this Agreement. u, Feasibility Contingency. It Is the Buyer's responsibility to verify before the Feasibility Contingency Expiration Date 176 identified In Specific Term No.15 whether or not the Property can be platted, developed and/or built on (now or in the 177 future)and what it will cost to do this.Buyer should not rely on any oral statements concerning this made by the Seller, 178 Listing Broker or Selling Broker.Buyer should inquire at the city or county,and water,sewer or other special districts in 179 which the Property is located.Buyer's inquiry should Include,but not be limited to:building or development moratoriums 180 applicable to or being considered for the Property;any special building requirements,Including setbacks,height limits or 181 restrictions on where buildings may be constructed on the Property;whether the Property is affected by a flood zone, 182 wetlands, shorelands or other environmentally sensitive area; road, school, fire and any other growth mitigation or 183 impact fees that must be paid; the procedure and length of time necessary to obtain plat approval and/or a building 184 permit;sufficient water, sewer and utility and any service connection charges;and all other charges that must be paid. 185 Buyer and Buyer's agents, representatives,consultants,architects and engineers shall have the right,from time to time 186 during and after the feasibility contingency, to enter onto the Property and to conduct any tests or studies that Buyer 187 may need to ascertain the condition and suitability of the Property for Buyer's intended purpose.Buyer shall restore the 188 Property and all improvements on the Property to the same condition they were in prior to the inspection.Buyer shall be 189 responsible for all damages resulting from any Inspection of the Property performed on Buyer's behalf. If the Buyer does 190 not give notice to the contrary on or before the Feasibility Contingency Expiration Date identified in Specific Term No. 191 15, It shall be conclusively deemed that Buyer is satisfied as to development and/or construction feasibility and cost If 192 Buyer gives notice this Agreement shall terminate and the Earnest Money shall be refunded to Buyer, less any unpaid 194 costs. Seller shall cooperate with Buyer in obtaining permits or other approvals Buyer may reasonably require for Buyer's 195 intended use of the Property;provided that Seller shall not be required to incur any liability or expenses in doing so. 196 v. Subdivision.If the Property must be subdivided,Seller represents that there has been preliminary plat approval for the 197 Property and this Agreement is conditioned on the recording of the final plat containing the Property on or before the 198 date specified in Specific Term No. 14.if the final plat is not recorded by such date,this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 200 w. Informatlon Verification Period. Buyer shall have 10 days after mutual acceptance to verify all information provided 201 from Seller or listing Firm related to the Property.This contingency shall be deemed satisfied unless Buyer gives notice 202 Identifying the materially Inaccurate information within 10 days of mutual acceptance. If Buyer gives timely notice under � this section,then this Agreement shall terminate and the Eamest Money shall be refunded to Buyer, x_ Property Condition Disclaimer,Buyer and Seller agree,that except as provided in this Agreement,all representations 205 and information regarding the Property and the transaction are solely from the Seller or Buyer,and not from any Broker. 206 The parties acknowledge that the Brokers are not responsible for assuring that the parties perform their obligations 207 under this Agreement and that none of the Brokers has agreed to Independently Investigate or confirm any matter 208 related to this transaction except as stated In this Agreement, or In a separate writing signed by such Broker. In 209 i addition, Brokers do not guarantee the value, quality or condition of the Property and some properties may contain 210 building materials, Including siding, roofing, ceiling, insulation, electrical, and plumbing, that have been the subject of 211 lawsuits and/or governmental inquiry because of possible defects or health hazards. Some properties may have other 212 defects arising after construction, such as drainage, leakage, pest, rot and mold problems. Brokers do not have the 213 expertise to identify or assess defective products, materials, or conditions. Buyer Is urged to use due diligence to 214 inspect the Property to Buyer's satisfaction and to retain inspectors qualified to identify the presence of defective 215 materials and evaluate the condition of the Property as there may be defects that may only be revealed by careful 216 inspection. Buyer is advised to investigate whether there Is a sufficient water supply to meet Buyer's needs. Buyer is 217 advised to Investigate the cost of insurance for the Property, including, but not limited to homeowner's, flood, 218 earthquake, landslide, and other available coverage. Brokers may assist the parties with locating and selecting third 219 party service providers, such as inspectors or contractors, but Brokers cannot guarantee or be responsible for the 220 services provided by those third parties. The parties shall exercise their own judgment and due diligence regarding 221 third-party service providers_ 222 `LY- I Q4/18/2019 buyer's Initfals Date Buyer's Initials Date Sellers Initials Date Seller's Initials Date I I ------ -- AuthentlsignID:AFC52442-CA26.41B5-BB89-1D2$04AOF65F Ccopyright 2417 Form 22D Northwest M01131e Listing Service opi onal clauses Addendum ALL RIGHTS RESERVED Rev.2117 OPTIONAL CLAUSES ADDENDUM TO Pages i of PURCHASE&SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated A p 105,2019 1 between Smart B Simpson ("Buyer") 2 Buyer Buyer {"Seller"} 3 and Mason County Sellar Seger concerning 160 E panorama Drive Shelton WDA 9n 584 (the"Property"). 4 Address citySe 5 CHECK IF INCLUDED: I 1. Ef square FootagelLot SizelEncroachments.The Listing Broker and Selling Broker make no representations 6 j concerning:(a)the Sot size or the accuracy of any Information provided by the Seller,(b)the square footage of 7 hments(fences,rockeries,buildings)on 8 any improvements on the Property;(c)whether there are any encroac the Property,or by the Property on adjacent properties.Buyer is advised to verify lot size,square footage and 10 encroachments to Buyer's own satisfaction. 2. Title Insurance.The Title Insurance clause in the Agreement provides Seller Is to provide the then-current ALTA 11 form of Homeowner's Policy of Trde Insurance.The parties have the option to provide less coverage by selecting 12 a Standard Owners Policy or more coverage by selecting an Extended Coverage Policy: 13 ❑ Standard Owner's Coverage.Seller authorizes Buyer's lender or Closing Agent, at Seller's expense,to 14 apply for the then-current ALTA form of Owner's Policy of Title Insurance, together with homeowner's 15 additional protection and inflation protection endorsements, if available at no additional cost, rather than 16 17 the Homeowner's Policy of Title Insurance. ❑ Extended Coverage.Seller authorizes Buyer's lender or Closing Agent,at Seller's expense to apply for 18 an ALTA or comparable Extended Coverage Policy of Title Insurance, rather than the Homeowner's 19 Policy of Title Insurance. Buyer shall pay the increased costs associated with the Extended Coverage 20 i Policy, including the excess premium over that charged for Homeowner's Policy of Title Insurance and 21 the cost of any survey required by the title insurer. 3. 9 Seller Cleaning. Seller shall clean the interiors of any structures and remove all trash, debris and rubbish 23 from the Property prior to Buyer taking possession. 24 4. ❑ Personal Property. Unless otherwise agreed, Seller shall remove all personal property from the Property 25 prior to the Possession Date. Any personal property remaining on the Property thereafter shall become the 26 property of Buyer,and may be retained or disposed of as Buyer determines. 5. ❑ Utilities.To the best of Seller's knowledge, Seller represents that the Property is connected to a: 228 ❑public water main:❑ public sewer main; El septic tank; [1 well(specify type) '❑natural gas;❑telephone; 30 ❑irrigation water(specify provider) ❑cable; ❑electricity; Cl other . 31 6, ❑ Insulation - New Construction. If this is new construction, Federal Trade Commission Regulations require 32 the following to be filled in. If insulation has not yet been selected, FTC regulations require Seller to furnish 33 Buyer the information below in writing as soon as available: WALL INSULATION:TYPE: THICKNESS: R-VALUE: 35 CEILING INSULATION:TYPE: , THICKNESS: R VALUE: 36 37 OTHER INSULATION DATA: 7. ❑ Leased Property Review Period and Assumption. Buyer acknowledges that Seller leases the following 38 Items of personal property that are included with the sale: ❑ propane tank; U security system; ❑ satellite 0 dish and operating equipment; El other r C / 04/18/2019 Buyers Initials Date Buyer's Initials Date ---Sellers lnitYa---Is Data Seller's Initials Date . ............ ..... _. ._ Authentisign ID:AFC62442-CA26-4185-B683-1D2BWAOF55F Form 22D ®Copyrlght 2017 optional Clauses Addendum Northwest Multiple Listing Service Rev.2117 OPTIONAL CLAUSES ADDENDUM TO ALLRIGHTS RESERVED Page 2 of 2 PURCHASE&SALE AGREEMENT Continued Seller shall provide Buyer a copy of the lease for the selected items within days (5 days if not filled 41 in) of mutual acceptance. If Buyer, in Buyer's sole discretion, does not give notice of disapproval within 42 days(5 days if not filled in)of receipt of the lease(s)or the date that the lease(s)are due,whichever 43 is earlier, then this lease review period shall conclusively he deemed satisfied (waived)and at Closing,Buyer 44 a shall assume the lease(s) for the selected hem(s) and hold Seller harmless from and against any further 45 obligation, liability, or claim arising from the lease(s), if the lease(s) can be assumed. If Buyer gives timely 46 notice of disapproval,then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 47 8. ❑ Homeowners' Association Review Period. If the Property is subject to a homeowners' association or any 48 other association, then Seller shall, at Seller's expense, provide Buyer a copy of the following documents (if 49 available from the Association)within days(10 days if not filled in)of mutual acceptance: 50 a. Association rules and regulations, including,but not limited to architectural guidelines; 51 b. Associatlon bylaws and covenants,conditions,and restrictions(CC&Rs); 52 c. Association meeting minutes from the prior two(2)years; 53 d. Association Board of Directors meeting minutes from the prior six(6)months;and 54 e. Association financial statements from the prior two(2)years and current operating budget. 55 If Buyer, in Buyer's sole discretion, does not give notice of disapproval within days (5 days if not 56 filled in) of receipt of the above documents or the date that the above documents are due, whichever is 57 earlier, then this homeowners' association review period shall conclusively be deemed satisfied (waived). If 58 Buyer gives timely notice of disapproval,then this Agreement shad terminate and the Earnest Money shall be 59 refunded to Buyer. 60 9. d Homeowners'Association Transfer Fee. If there is a transfer fee imposed by the homeowners'association 61 I or any other association(e.g.a"move-in"or"move-out"fee), the fee shall be paid by the party as provided for 62 in the association documents. If the association documents do not provide which party pays the fee, the fee 63 shall be paid by U Buyer, Gd Seller(Seller if not filled In). 64 10. ❑ Excluded Item(s), The following item(s), that would otherwise be Included in the sale of the Property, is 65 excluded from the sale ("Excluded Items)"). Seller shall repair any damage to the Property caused by the 66 removal of the Excluded Item(s).Excluded item(s): 67 68 69 11. ❑ Home Warranty. Buyer and Seller acknowledge that home warranty plans are available which may provide 70 additional protection and benefits to Buyer and Seller.Buyer shall order a one-year home warranty as follows: 71 a. Home warranty provider, 72 b. Seller shall pay up to$ ($0.00 if not filled in)of the cost for the home warranty,together 73 with any included options,and Buyer shall pay any balance. 74 c. Options to be included: — 75 (none,if not filled In). 76 d. Other. 77 78 12. 0 Other. 79 80 81 82 83 84 85 - lL'i kal 04/18/2019 Buyers Initials Date / Buyer's Initials Date Seller's initials Date Seller's finials Date I i Authan4signID:AFC62442-CA26.41B6•BGB3.1D2804AOF66F i i t 1 ocopyright 2015 Form 22T Tale Contingency Addendum Northwest Multiple1lsting Service 7I,5 ALL RIGHTS RESERVED Rev. Page t 5 1 TITLE CONTINGENCY ADDENDUM TO PURCHASE&SALE AGREEMENT i The following is part of the Purchase and Sale Agreement dated April 05,2019 1 f j between Stuart B Simpson. ("Buyer") 2 Buyer Buyer , and Mason County ("Seller') 3 ; Server se6er concerning 160 E Panorama Drive Shelton WA 98584 —(the"Property"). 4 Address Cky slate Tip 1. Title Contingency.This Agreement is subject to Buyer's review of a preliminary commitment for title insurance, 5 together with any easements, covenants, conditions and restrictions of record. Buyer shall have 6 days(5 days if not filled In)from❑the date of Buyers receipt of the preliminary commitment for title insurance; 7 or ❑ mutual acceptance (from the date of Buyer's receipt, If neither box checked) to give notice of Buyers 8g disapproval of exceptions contained in the preliminary commitment. Seller shall have days (5 days if not filled in) after Buyer's notice of disapproval to give Buyer 10 notice that Seller will clear all disapproved exceptions_ Seller shall have until the Closing Date to clear all 12 disapproved exceptions. If Seller does not give timely notice that Seller will clear all disapproved exceptions, Buyer may terminate this 13 Agreement within 3 days after the deadline for Seller's notice. In the event Buyer elects to terminate the 14 Agreement, the Earnest Money shall be returned to Buyer. If Buyer does not timely terminate the Agreement, 15 Buyer shall be deemed to have waived all objections to title,which Seiler did not agree to clear. 16 2. Supplemental Title Reports. If supplemental title reports disclose new exception(s)to the title commitment, 17 then the above time periods and procedures for notice, correction, and termination for those new exceptions 18 shall apply to the date of Buyer's receipt of the supplemental title report.The Closing date shall be extended as 120 necessary to accommodate the foregoing times for notices. 3. Marketable Title.This Addendum does not relieve Seller of the obligation to provide marketable title at Closing 2221 as provided for in the Agreement. I I L ]— 04/1812019 Buyer's Initials Date Buyer's Initials Date Seller's Inlllals Date Seller's Initials Date I Authentlelgn ID:AFC&2442-CA26-4/B6-8683-1D28"AOF&&F Form 35F ®Copyright 2010 Feasibility Contingency Addendum Northwest Multiple Listing Service Rev.7110 ALL RIGHTS RESERVED Page 1 of 1 FEASIBILITY CONTINGENCY ADDENDUM The following is part of the Purchase and Sale Agreement dated April 05,2019 1 between StuartB Simpson ("Buyer") 2 Buyer and Mason County ("Seller) 3 solar Beier i conceming 160 E Panorama Drive Sh ton WA 98584 (the"Property"). 4 ! Addreea city sure zip Feasibility Contingency. Buyer shall verify within ' d (10 days if not filed in)after mutual acceptance 5 i (the "Feasibility Contingency Expiration Date")the suitability of the Property for Buyer's intended purpose including, 6 but not limited to, whether the Property can be platted,developed and/or built on (now or In the future)and what it will 7 cost to do this. This Feasibility Contingency SHALL CONCLUSIVELY BE DEEMED WAIVED unless Buyer gives 8 notice of disapproval on or before the Feasibility Contingency Expiration Date. If Buyer gives a timely notice of 9 disapproval,then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer.Buyer should not 10 rely on any oral statements concerning feasibility made by the Seller, Listing Broker or Selling Broker. Buyer should 11 Inquire at the city or county, and water,sewer or other special districts in which the Property is located.Buyer's inquiry 12 shall include, but not be limited to. building or development moratoria applicable to or being considered for the 13 Property;any special building requirements,including setbacks,height limits or restrictions on where buildings may be 14 constructed on the Property; whether the Property is affected by a flood zone, wetlands, shorelands or other 15 environmentally sensitive area;road,school,fire and any other growth mitigation or impactfees that must be paid;the 16 procedure and length of time necessary to obtain plat approval and/or a building permit; sufficient water, sewer and 17 utility and any services connection charges;and all other charges that must be paid. 18 Buyer and Buyer's agents, representatives, consultants, architects and engineers shall have the right, from time to 19 time during the feasibility contingency,to enter onto the Property and to conduct any tests or studies that Buyer may 20 j need to ascertain the condition and suitability of the Property for Buyer's intended purpose. Buyer shall restore the 21 ' Property and all improvements on the Property to the same condition they were in prior to the Inspection. Buyer shall 22 be responsible for all damages resulting from any inspection of the Property performed on Buyer's behalf. 23 ❑ AGREEMENT TERMINATED IF NOTICE OF SATISFACTION NOT TIMELY PROVIDED. If checked, this 24 j Agreement shall terminate and Buyer shall receive a refund of the Earnest Money unless Buyer gives notice to Saner 25 on or before the Feasibility Contingency Expiration Date that the Property Is suitable for Buyer's intended purpose. 26 I 4 04/18/2019 Buyer's Initials Date Buyer's Initials Date Seller's initlals Date Sellers Initials Date i Authentlsign ID:AFC52442-CA26.41B5-B6a7-1D2BO4AOF56F Farm 34 ®Copyright 2010 N Addendum/Amendment to P8S Northwest Multiple Usting Service ALL RIGHTS RESERVED Rev.7110 Page i of 1 ADDENDUM/AMENDMENT TO PURCHASE AND SALE AGREEMENT i t q The following is part of the Purchase and Safe Agreement dated between S'j'LL L�Lf�'f ? t✓Ll p 50 ("Bayer")2 Buyer Buyer and Mason County (°Seileel 3 sena n .� q cenceming P W C7 102- ?101-Cr 1 15;k- �lrl r fon (the'ProperV).4 Address aty �� 21p IT IS AGREED BETWEEN THE SELLER AND BUYER AS FOLLOWS: 5 1.This agreement is contingent upon the Mason County Commissioners approval of this 6 purchase and sales agreement,in an open public meeting. 7 2.Buyer waives the right to receive a completed Washington State Seller Disclosure Statement. 8 3.Escrow shall be Mason County Title and Escrow,Colleen Reamer. 9 4.Buyer shall pay for the Mason County Title Insurance policy. 1 111 5. Deed Shall Be a Treasures Deed,per RCW 36.35.130. 12 6.Buyer shall pay all current and past due Association dues. 13 7.Mason County Commissioner Randy Neatherlin is a licensed real estate broker in the state of 14 Washington. 15 i 16 8.Commissioner Randy Neatherlin will sign for Mason County. 17 9.Seller has never occupied the property. 18 19 20 21 22 23 24 25 26 27 28 29 30 ALL OTHER TERMS AND CONDITIONS of said Agreement remain unchanged. 31 04/18/2019 Buyers initials Date Buyer's Initials Date Se ers ats Date Sellers Initials Date AuthentWyn ID:AFC52442-CA26./1B5-86133-102804AOFSSF ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE A i I EXHIBIT "A" Legal Description: Lot thirteen(13),Block one(1), Shorecrest Terrace 3rd Addition,Volume 5 of Plats, pages 92 and 93, records of Mason County,Washington. i Parcel No, 32021 56 01013 i I Abbreviated Legal: Lot 13, BLK 1, Shorecrest Terrace Third Addn. Parcel No(s): 32021-56-01013 Purported Address: None assigned,WA i i 04/1812019 This page is only a part of a 2016 ALTAO Commitment for Title Insurance. This Commitment is not valid without the Notice;the Commitment to Issue Policy, the Commitment Conditions;Schedule A;Schedule B,Part I-Requirements;and Schedule B,Part 11-Exceptions. ORT Form 4690 WA A 08101/16;TC 04/0218 Schedule A ALTA Commitment for Title Insurance Page 2 of 2 Peninsula Regional Transportation Planning Organization April 22, 2019 Randy Neatherlin, Commissioner Mason County 411 N 5th Street Shelton, WA 98584 Peninsula RTPO Interlocal Agreement Greetings Randy; The Peninsula Regional Transportation Planning Organization (PRTPO) was established through an Interlocal Agreement (ILA) executed in 1990 including the counties of Clallam, Jefferson, Kitsap and Mason. Recently the PRTPO undertook updating of the ILA to: • Reflect statutory and regulatory changes; • Memorialize a clearer operating structure; • Give voting membership to every public agency who signs the updated ILA; and • Reflect the change of lead planning agency following WSDOT's notification that it will no longer serve in that role. Mason County has been a member of the PRTPO Executive Board for many years and we hope you will continue to collaborate on regional transportation planning through membership in the PRTPO. Some of the key duties of the PRTPO are: • Development of the long-range Regional Transportation Plan(RTP) to guide development of regional transportation systems; • Development and regular updating of the Regional Transportation Improvement Program (RTIP); • Certifying concurrency of the transportation elements of local comprehensive plans; and • Evaluation and prioritization of grant application for programs such as the Public Transportation Consolidated Grant Program and the Transportation Alternatives Programs(TAP) More information about the duties and responsibilities of the PRTPO are detailed in RCW 47.80- Regional Transportation Planning Organizations. The work of the PRTPO is funded through a planning grant from Washington State Department of Transportation. No direct dues or assessments are levied on members. The strength of the PRTPO springs from its members and their collective knowledge of local and regional transportation needs and the power of collaboration. To maintain designation as a Regional Transportation Planning Organization the PRTPO must have as members all four counties and at least sixty percent of the cities and towns within the region representing a minimum of seventy five percent of the cities' and towns' population. I encourage you to continue your commitment to membership in the RPTPO. Peninsula RTPO Interlocal Agreement Page 2 of 2 By executing the ILA Mason County will be a member with full voting rights on all matters brought before the Executive Board and will have a seat on the Technical Advisory Committee. I ask that you give execution of the ILA your immediate consideration and, should you choose to become a signatory to the PRTPO ILA, you authorize such action as soon as possible so that re-certification of the PRTPO can be confirmed. Attached to this letter you will find: • A copy of the ILA; and • An example resolution authorizing adoption of the ILA • Guidance for signing the ILA If you wish, a member of the PRTPO executive committee will meet with elected leaders in your jurisdiction to explain the role and benefits of membership in the PRTPO. If you have questions, please contact myself at anesse(a)iamestowntribe.org or 360-681-4620. A staff member of the PRTPO will follow up with you as we track progress towards full execution of the ILA. With Regards, Annette Nesse Executive Board Chair Jamestown S'Klallam Tribe Distribution: Clallam County Mason Transit Jefferson County Port of Allyn Kitsap County Port of Bremerton Mason County Port of Port Angeles Bainbridge Port of Shelton Bremerton Jamestown S'Klallam Tribe Forks Hoh Port Angeles Lower Elwha Klallam Tribe Port Orchard Makah Port Townsend Quileute Nation Poulsbo Port Gamble S'Klallam Sequim Squaxin Island Tribe Shelton Skokomish Indian Tribe Clallam Transit Suquamish Jefferson Transit WSDOT Olympic Region Kitsap Transit INTERLOCAL AGREEMENT for the PENINSULA REGIONAL TRANSPORTATION PLANNING ORGANIZATION THIS AGREEMENT is made and entered into by and between the undersigned public agencies to establish and jointly participate in the Peninsula Regional Transportation Planning Organization(PRTPO), pursuant to provisions of the Interlocal Cooperation Act of 1967, chapter 39.34 RCW, and the Growth Management Act, chapters 36.70A and 47.80 RCW. Recitals WHEREAS,the undersigned public agencies recognize the need and desirability to participate in a forum for cooperative decision making by elected officials of said agencies in order to implement a comprehensive regional transportation planning process; and WHEREAS,the undersigned public agencies adopt transportation plans; and WHEREAS,the Growth Management Act authorizes establishment of Regional Transportation Planning Organizations through the voluntary association of local governments within a county, or geographically contiguous counties; and WHEREAS, it is the belief of the undersigned public agencies that state and regional transportation planning should receive policy direction from all affected governments and special purpose districts and major employers;and WHEREAS,the undersigned public agencies are authorized and empowered to enter into this agreement pursuant to RCW 47.80.020 and chapter 39.34 RCW; and WHEREAS,the undersigned public agencies recognize that the Interlocal Agreement(ILA) establishing the PRTPO in 1990 needs to be reviewed and updated to conform to current law and practices, and that now is an opportune time given the impending change of the Lead Planning Agency.This 2019 ILA fully replaces and supersedes the 1990 ILA. NOW THEREFORE, in consideration of mutual promises and covenants herein it is hereby agreed: Agreement 1. Organization and Membershiu The Peninsula Regional Transportation Planning Organization (PRTPO),a separate legal entity, originally established in 1990 and hereby re-established,encompasses the territory physically lying within the counties of Clallam, Jefferson,Kitsap and Mason Counties as authorized by chapter 47.80 RCW and chapter 468-86 WAC. Peninsula Regional Transportation Planning Organization 2019 Interlocal Agreement- 1 Voting membership in the PRPTO shall be open to the following public agencies within the boundaries of the PRTPO: all county and city governments, all federally recognized tribes, all port districts organized under title 53 RCW, all transit districts organized under chapter 36.57A RCW,and the WSDOT Olympic Region.Current voting membership belongs to each of the public agencies who have executed this Agreement.New voting members may be added by the execution of this Agreement when approved by the Executive Board. Nonvoting membership is authorized and encouraged to facilitate cooperative regional transportation planning.Nonvoting membership shall be open to community organizations, employers and other public agencies that are not voting members.Nonvoting membership shall be as approved by the voting membership in accordance with the Bylaws. 2. Purpose and Authority The purpose of the PRTPO is to fulfill the legislature's intent to have local jurisdictions,tribes, and the state come together for coordinated transportation planning and to have an interconnected and coordinated transportation system that achieves both statewide and local transportation goals. To accomplish these purposes,the PRTPO shall have the following authority and duties, as established by chapter 47.80 RCW: A. Provide a forum for cooperative decision making by the region's elected officials in order to bring about a continuous and comprehensive transportation planning process. B. Foster cooperation and collaboration among local, state and tribal governments throughout the region. C. Maintain an ongoing transportation strategy for the region and coordinate actions of local and state government so that we may make the best use of our land, air, water and energy resources and overcome the problems of waste and pollution. D. Develop and adopt a Regional Transportation Plan that is consistent with countywide planning policies,with county and city transportation plans,and with state transportation plans. E. Certify that transportation elements of comprehensive plans adopted by Clallam, Jefferson, and Mason Counties and cities therein are consistent with the Growth Management Act and with the PRTPO's Regional Transportation Plan.Also,where appropriate, certify that their countywide planning policies adopted under RCW 36.70A.210 and the adopted Regional Transportation Plan are consistent. F. Develop a six-year Regional Transportation Improvement Program(RTIP)for areas within Clallam,Jefferson and Mason counties that proposes regionally significant transportation project and programs and transportation demand measures. Peninsula Regional Transportation Planning Organization 2019 Interlocal Agreement-2 G. Develop a Coordinated Transit-Human Services Transportation Plan and include specific opportunities and projects aimed to advance special needs coordinated transportation. H. Designate and direct a lead planning agency to coordinate preparation of the Regional Transportation Plan and carry out other responsibilities of the PRTPO as set forth in the Bylaws. I. Provide assistance to others to develop level of services standards or alternative transportation performance measures and review those standards of GMA counties and cities to promote a consistent regional evaluation of transportation facilities and services. J. Foster and facilitate cooperation and coordination between other regional transportation planning organizations and metropolitan planning organizations. K. Foster transportation facilities which encourage economic growth and stability for the region. L. Provide assistance and information to public agencies in their preparation of local transportation plans. 3. Organization Structure The PRTPO shall have the following structure as set forth herein and as further described in the Bylaws. A. Executive Board.An Executive Board is hereby established to be the governing body of the PRTPO.All voting members shall have representation on the Executive Board as described in the Bylaws. B. Transportation Policy Board.A Transportation Policy Board is hereby established to provide policy advice to the Executive Board on regional transportation issues as provided by RCW 47.80.040. Composition of the Transportation Policy Board shall be determined as provided in the Bylaws. C. Technical Advisory Committee. A Technical Advisory Committee is hereby established to provide technical advice to the Executive Board on all matters that may come before the Board. Composition of the Technical Advisory Committee shall be determined as provided in the Bylaws. D. The Executive Board may establish other committees as needed to perform the duties of the PRTPO as provided in the Bylaws. H Peninsula Regional Transportation Planning Organization 2019 Interlocal Agreement-3 4. Bylaws Bylaws shall be adopted to carry out the purpose and objectives set forth herein and shall,at a minimum, include schedules and rules for meetings as well as voting structures for the PRTPO and any board or committee thereof.The Bylaws shall initially be adopted by a majority vote of the total members of the organization and shall be amended as provided for in the Bylaws. 5. Lead Planning_Agency The PRTPO shall designate a Lead Planning Agency to perform the duties required by chapter 47.80 RCW and such other duties as assigned by the Executive Board. The duties of the Lead Planning Agency shall include,but not be limited to,the following: provide staff support and coordination for the Executive Board,the Transportation Policy Board and the Technical Advisory Committee;hire, supervise and administer personnel,contractors and consultants as directed by the Executive Board; and provide such information, data, inventories and services as may be necessary to carry out the purposes of the PRTPO. 6. Fiscal Agent The PRTPO shall designate a Fiscal Agent to perform the financial duties as assigned by the Executive Board.These may include,but are not limited to,the collection and disbursement of funds for the purposes of the organization and the provision of information,data, and services as may be necessary to carry out the financial obligations of the PRTPO.At the Executive Board's discretion,the Fiscal Agent may be the same entity as the Lead Planning Agency. 7. Financing The PRTPO shall be financed in a manner as provided for in the Bylaws and through such local, state,federal, and/or private funding as becomes available.The PRTPO,or the Lead Planning Agency on behalf of the organization, is authorized to apply for such federal, state or private funding of any nature as may become available to assist the PRTPO in carrying out its purposes and functions. 8. Budget The Lead Planning Agency shall develop a budget which will meet the anticipated expenses of the PRTPO for the coming budget year.The Lead Planning Agency shall submit the proposed budget to the Executive Board for review and comment. 9. Insurance The Executive Board shall procure insurance sufficient to provide adequate coverage for the obligations and liabilities of the PRTPO. // Peninsula Regional Transportation Planning Organization 2019 Interlocal Agreement-4 10. Duration This Agreement is perpetual unless a member decides to withdraw from the PRTPO pursuant to Section 11 or the members agree to dissolve the PRTPO pursuant to Section 12 of this Agreement. 11. Withdrawal from the PRTPO Any member shall have the right to withdraw from the PRTPO and this agreement by giving six months written notice to the Executive Board.The remaining members agree that such withdrawal will not absolve them of responsibility for meeting financial and other obligations of annual contracts or agreements of the PRTPO.Further, such withdrawal will not affect the continuation of the PRTPO unless the requirements of RCW 47.80.020 are no longer met. 12. Dissolution of the PRTPO The PRTPO may be dissolved at any meeting of the Executive Board by a majority vote of all voting members, so long as all voting members were provided at least six months written notice of the proposed dissolution,or as otherwise provided for in the bylaws, and all voting members were provided an opportunity for comment on the motion. Upon dissolution of the PRTPO, all liabilities, costs,expenses, and charges validly incurred shall be resolved. If any funds or assets of the PRTPO remain, such shall be returned as provided by law or contract,or distributed as determined by the Executive Board.The debts, liabilities, and obligations of the PRTPO shall not constitute a debt, liability or obligation of any member. 13. Binding effect The undersigned public agencies agree that this Interlocal Agreement is binding and that each will use their best efforts for coordinated and cooperative transportation planning.All tribes expressly agree to a limited waiver of their sovereign immunity for the sole and limited purpose of committing to the terms and obligations of this Interlocal Agreement. 14. General Terms A. Severability. If any provision of this Agreement,or its application to any person or circumstance is held invalid by a court of competent jurisdiction,the remainder of the Agreement or the application of the provision to other persons or circumstances is not affected. B. Counterparts.This agreement may be signed in multiple counterparts, each of which shall be considered the same as an original. C. Publishing. In accordance with RCW 39.34.040,this Agreement shall be made available on the PRTPO website. Peninsula Regional Transportation Planning Organization 2019 Interlocal Agreement-5 IN WITNESS WHEREOF,this Interlocal Agreement shall have the full force and effect from and after this day of ,20_ [signatures to follow] Peninsula Regional Transportation Planning Organization 2019 Interlocal Agreement-6 BY THE SIGNATURE OF THE UNDERSIGNED PUBLIC AGENCY, IT AGREES TO BE BOUND BY THE TERMS OF THE 2019 INTERLOCAL AGREEMENT OF THE PENINSULA REGIONAL TRANSPORTATION PLANNING ORGANIZATION. [insert signature block here] Peninsula Regional Transportation Planning Organization 2019 Interlocal Agreement—Signature Page SAMPLE RESOLUTION FOR ADOPTION OF THE PRTPO ILA RESOLUTION - 2019 of the [INSERT AGENCY NAME] Authorizing the execution of the Peninsula Regional Transportation Policy Board Interlocal Agreement RECITALS WHEREAS,the Peninsula Regional Transportation Planning Organization(PRTPO)was established through an Interlocal Agreement originally executed in 1990 by the counties of Clallam, Jefferson,Kitsap and Mason. WHEREAS, the Interlocal Agreement was executed almost thirty years ago, and statutory and regulatory updates have occurred since then. WHEREAS,the PRTPO has determined it necessary to update the Interlocal Agreement and to memorialize a clearer operational structure to give voting membership to every public agency that executes the updated Interlocal Agreement WHEREAS,the Washington State Department of Transportation(WSDOT)has notified the PRTPO that it will no longer serve as the Lead Planning Agency.. WHEREAS,the PRTPO has continuously operated with the important collaboration of the following entities for regional transportation planning and [INSERT AGENCY] wishes to continue [OR JOIN] this effort. • The Counties of Clallam, Jefferson,Kitsap and Mason; • The Cities of Bremerton,Forks,Port Angeles, Port Orchard,Port Townsend, Sequim,and Shelton; • The Ports of Allyn, Bremerton, Shelton and Port Angeles; • Clallam Transit,Jefferson Transit Authority, Kitsap Transit and Mason Transit; • The Jamestown S'Klallam Tribe,Lower Elwa Klallam Tribe, Hoh, Makah Tribe, Quileute Nation,Port Gamble S'Klallam, Skokomish Indian Tribe. Squaxin Island Tribe, and Suquamish; and • WSDOT—Olympic Region. WHEREAS,the PRTPO has prepared an Interlocal Agreement and has asked that[I AGENCY] execute this updated Interlocal Agreement to remain[OR BECOME] a voting member of the PRTPO subject to the terms of the Interlocal Agreement. WHEREAS, [INSERT AGENCY] wishes to remain [OR BECOME] a voting member of the PRTPO and agrees to be bound by the terms of the Interlocal Agreement. NOW, THEREFORE, BE IT RESOLVED: SAMPLE RESOLUTION FOR ADOPTION OF THE PR TPO ILA The[INSERT AGENCY]hereby authorizes and directs that [INSERT SIGNATORY/IES]execute the attached Interlocal Agreement on behalf of the [INSERT AGENCY] thereby rendering [INSERT AGENCY] as a member of the Peninsula Regional Transportation Planning Organization. [INSERT SIGNATURE BLOCK] Guidance for Signing the PRTPO ILA Signing the Agreement Please insert a signature block onto the signature page of the ILA substantially in the form below. Add additional blocks if you require more than one signature to execute the agreement. Jurisdiction: Name Date Title Returning the Signed ILA Please email a scanned version of signature page to Carla Sawyer carlasawyer6a i3rogressionsconsulting.com. Please also send by USPS an original of the signature page to: Jill Boltz Kitsap Transit/Clerk of the Board 60 Washington Avenue, Suite 200 Bremerton, WA 98337 I No one should have to choose between keeping our citizens safe, preserving public health, safeguarding the civil and criminal justice system and democracy. Our county should not have to prioritize one over the other. But that's what is happening now in Olympia.The state continues to pass legislation that increases costs for counties and refuses to adequately pay for what they pass. They are passing the buck,without supplying the buck. An unfunded mandate is any instance where the Legislature,the courts or other agencies increases the cost of running county government without compensation for the new legal requirement. Counties whose revenue does not grow like the state's and who don't have unlimited taxing authority, have to figure out how to keep doing all the things they already do and pay for all the mandates from previous years and ones added this year. Counties conduct elections on behalf of every level of government—from federal presidential elections all the way to local cemetery districts. If a cemetery district, school district or PUD puts something on the ballot, they pay their share. Everybody pays their share except the people who write the rules,the Legislature. It is expensive to provide the highest possible election security and it's expensive to conduct elections. But the state doesn't pay for the costs counties incur in printing ballots and insuring voters have access to ballot drop boxes. Mason County absorbed $106,346 for the 2016 election and $74,319 for 2018. The state's unpaid share totaled $180,665 over that 4 year period. Mason County taxpayers picked up the tab. Elections are but one example of the state not paying its fair share. The state doesn't pay for indigent defense either. But elections are unique because the state sets the rules and makes everyone pay, except themselves. It's well past time for the state to step up and do what's right.The legislature need to stop passing their costs on to the counties. They need to pay for the services they are mandating on us. MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Amber Finlay, Superior Court Judge Robert Sauerlender, Court Commissioner DEPARTMENT: Therapeutic Courts EXT: 296 BRIEFING DATE: April 29, 2019 PREVIOUS BRIEFING DATES: (If this is a follow-up briefing, please provide only new information ITEM: Therapeutic Court Caseworker FRC Expansion Grant EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Therapeutic Courts applied and was awarded a grant for the Expansion of our FRC. Within the grant there was a position for a FT FRC caseworker. BUDGET IMPACTS: None RECOMMENDED OR REQUESTED ACTION: 1) Approve the posting and hiring of the above stated position ATTACHMENTS: Award letter Briefing Summary 4/24/2019 Notice of Award SAMHSA Family Treatment Drug Court Issue Date: 04/24/2019 •• Department of Health and Human Services 3 Substance Abuse and Mental Health Services Administration Center for Substance Abuse Treatment Grant Number: 1 H79TI081939-01 FAIN: H79TI081939 Program Director: Robert Sauerlander Project Title: Mason County Family Recovery Court Expansion 2019 -2024 Organization Name: COUNTY OF MASON Business Official: Renee Cullop Business Official e-mail address: ReneeC@co.mason.wa.us Budget Period: 05/31/2019—05/30/2020 Project Period: 05/31/2019—05/30/2024 Dear Grantee: The Substance Abuse and Mental Health Services Administration hereby awards a grant in the amount of $225,593 (see "Award Calculation" in Section I and "Terms and Conditions" in Section III) to COUNTY OF MASON in support of the above referenced project. This award is pursuant to the authority of PHS Act, Title V, Section 509; 42 U.S.0 290bb-2 and is subject to the requirements of this statute and regulation and of other referenced, incorporated or attached terms and conditions. Award recipients may access the SAMHSA website at www.samhsa.gov (click on "Grants" then SAMHSA Grants Management), which provides information relating to the Division of Payment Management System, HHS Division of Cost Allocation and Postaward Administration Requirements. Please use your grant number for reference. Acceptance of this award including the"Terms and Conditions" is acknowledged by the grantee when funds are drawn down or otherwise obtained from the grant payment system. If you have any questions about this award, please contact your Grants Management Specialist and your Government Project Officer listed in your terms and conditions. Sincerely yours, Eileen Bermudez Grants Management Officer Division of Grants Management See additional information below Page-1 PUBLIC WORKS MONDAY,APRIL 29,2018— BRIEFING ITEMS FROM PUBLIC WORKS (For Commissioners Meeting May 7,2019) Items for this meeting are due to Diane Zoren on,Wednesday,May,l,2019 5.0 CORRESPONDENCE AND ORGANIZATIONAL BUSINESS (None) 8.0 APPROVAL OF ACTION ITEM • Set Hearing with Hearings Examiner for Wednesday, May 29, 2019 at 1:00pm for Road Vacation No. 397 to consider vacating a portion of an un-named alley in the Plat of Allyn. 9.0 OTHER BUSINESS (None) 10.0 PUBLIC HEARINGS AND ITEMS SET FOR A CERTAIN TIME (None) DISCUSSION ITEMS: • Road Closure Culvert Replacement project on: - Pickering Road(MP 6.8) - Purdy Cutoff Road • Local Bridge Program Grant submittal w/o lighting Attendees: Commissioners: Public Works: Other Dept. Staff.: Public: _Randy Neatherlin _Jerry Hauth _Kevin Shutty _Diane Sheesley _Sharon Trask _Loretta Swanson Others:(List below) MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Phil Franklin, Right of Way Agent; Diane Sheesley,County Engineer DEPARTMENT: Public Works EXT: 450 BRIEFING DATE: April 29, 2019 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, lease provide only new information ITEM: Road Vacation #397 — Set Hearing Date w/Hearings Examiner EXECUTIVE SUMMARY: Public Works received a request to vacate a portion of an un-named alley in the Plat of Allyn from adjoining property owners Barry & Vicki Betsinger. Mrs. Betsinger's family has owned multiple properties next to the alley since before the 1900's; she and her husband would like to have the un-named alley vacated so they can remodel the current old house and add a detached garage. The un-named alley is located south of Drum Street. (See Attached Map) Mrs. Betsinger's family has taken care of the alley area by mowing and landscaping for many years. An Engineer's Report has been prepared for the Hearings Examiner and Public Works recommends the vacation as submitted, subject to retaining existing easements in favor of Mason County for PUD #3, the water service serving this area and any other utilities present in the vacated right of way. RECOMMENDED OR REQUESTED ACTION: Recommend the Board approve and execute the resolution setting a hearing date with the Hearings Examiner for Wednesday, June 12, 2019 at 1:00pm to consider public comment on the petition for vacation of portion of an un-named alley in the Plat of Allyn in Mason County Washington. ATTACHMENTS: Engineer's Report Hearing Notice f October 21, 2018 To: Board of Mason County Commissioners c/o: Mason County Public Works Department 100 W. Public Works Drive Shelton, Washington 98584 From: Vicki L. Betsinger P.O. Box 314 Allyn, Washington 98524 To Whom it May Concern: I am submitting this Petition for Vacation of County Road for an old alley which used to run just to the west of my residential parcel#12220-50-06009 and my son's (Nicholas Biskeborn) parcel #12220-50-06007. These parcels, plus others in the area were purchased a couple of years before 1900 by my great-grandfather, Frank Raisoni. Through the years,they were deeded to my grandfather,Victor Raisoni,then my mother, Lucille Raisoni Amacher,and finally now to me, Vicki Amacher Betsinger and to my son, Nicholas Biskeborn. As my husband, Barry Betsinger and I will be moving to parcel #12220-50-06009 sometime next year, we would like to incorporate this old vacated alley to our respective properties still in our family, and half of the alley(approximately 10'x40') to parcel#12220-50-07001.This old vacated alley will be used as part of our residential parcels. We understand that the 20'wide vacated alley is also an easement for the Port of Allyn water supply line and to PUD#3 for a power pole and will respect this easement. Access will be granted to either entity at any time it is needed. We have tried to contact the owner of record of parcel#12220-50-07001,Andy Lehde,via telephone (last known number 360-509-5412)and have sent a letter to Progressive Management, Inc., a Nevada Corporation at P.O. Box 222 in Bremerton, Washington 98337. To date,we have received no return calls. Please start the attached request for Petition to Vacate at your earliest convenience. Thanks for your prompt attention, Vicki and Barry Betsinger v Exhibit -Al ' MASON COUNTY PETITION FOR VACATION OF COUNTY ROAD TO: Board of Mason County Commissioners c/o: Mason County Public Works Department 100 W.Public Works Drive Shelton,WA 98584 We,the undersigned,being owners of the majority of the frontage of the below-described county road,hereby petition the Board of Mason County Commissioners for vacation of the following described county road: Road Name: Road Numbcr: 67900 Description of road right of way to be vacated: A 1A M AitJUCnt�fi 42l ar�46161 Zie,$:L 44Z�� Av_i 21CJ Plat Name: Recording Date: Section: 20 Township: 22 Range: _1 WWM Attached herewith is a map secured from the Mason County Engineer or from the Mason County Assessor. We have shaded the right of way herein petitioned to be vacated and have also shown the ownerships along said right of way. IN SUPPORT OF SAID PETITION,PETITIONERS ALLEGE: I That the undersigned are the owners of the majority of the frontage of the county road right of way petitioned to be vacated and said right of way is located in Mason County,Washington. Il That contact information,signatures and legal descriptions of the property owned by each petitioner on the right of way to be vacated are provided below: NAME/ADDRESS/SIGNATURE LEGAL DESCRIPTION OF PHONE PROPERTY/PARCEL# 1 � ',cel i��'n t��/'�G'f/ �� "�„e . b. .�G'• �lo(f -J'�� h i ;e)_2,[ OcAl �7 <-Z l PrA "/1, X 75 2,¢13 t X PETITION FOR VACATION OF COUNTY ROAD Page I Exhibit - A2 f. NAME/ADDRESS/SIGNATURE LEGAL DESCRIPTION OF PHONE PROPERTY/PARCEL# 3 �' 4iPcrc �/2.2?-C�•l�0 C��l'C''/ �� ej y. X n —/,V:) 4 i J� /i✓pe, 55, X (Additional petitioners are listed on the attachment hereto.) III That, if the plat was recorded prior to March, 12, 1904,and, if the right of way is not now in use as a public road,the following proof is provided that the road was never opened for public travel for rive years following recording of the plat: IV That such county road right of way is useless as a part of the county road system and that the public would be benefited by its vacation for the following reasons: Efra,y,��,✓�n/`-�ii.z a f E l/��I,P.�'41';'o ds G>>wt a�L��OJJr�SFT�sl�i� 7 — i�t;� y f'i'ts/ t Si%)r liA/ A,:4zfi- V V That this road vacation is requested for the following purpose: t t4?2 11A!�dTi)2 >�S it��'1�%.�Jf.FJr�,�'c�t �I22 20-�i� ��l e)"3f5� That thus petition is accompanied by a deposit in the sum of Five Hundred Dollars ($ 00.00), payable to Mason County Public Works, pursuant to statute,conditioned upon petitioners paying into the Mason County Road Fund the amount of all costs and expenses incurred in the examination, report, appraisal and all proceedings pertaining to this petition for the vacation of said road right of way. DATED this day of C2 PETITION FOR VACATION OF COUNTY ROAD Page 2 Exhibit - A3 ATTACHEMENT TO PETITION FOR VACATION OF COUNTY ROAD ADDITIONAL PETITIONERS NANIE/ADDRESS/SIGNATURE LEGAL DESCRIPTION OF PHONE PROPERTY/PARCEL# 7 X X 9 X to X II X 12 X 13 X PETITION FOR VACATION OF COUNTY ROAD Pa-e 3 Exhibit -A-4 122205058009 122205057006 122205058007 122205011001 122205056002 122205057003 122205058003 122201480070 122205057002 122205058011 122205057001 122205008001 122205058001 122200060000 122200060010 122201460370 122205060009 122205060008 122205059009 E pR��p 122205009001 122205007010 122205059006 122200060010 122205060001 1--,1222(05007008 122205006009 122205059005 122205006910 122201480730 0) 122205007007 122205006909 , 122205006007 122201480743 J 122205059003 � 122205007005 122205006906 122205059004co 122205007003 122201380746 122205059001122205006003 122205006904 122205006903 122205007001 122201480090 122201380745 122205006001 122205006901 122205071008 122205004008t 122205005008 122205071007 122205005009 122205071005 122205071004 122205071001 122205005001 122204180100 122204280740 F EVAJV 7700 122200060010 Exhibit- A5 7 o jv,+ 0"F+ : r. 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F'.A ..'�+'' zr�r, ,,...:.�.,.. , ..! r!r i<(yy l Exhibit - A7 ' i 122205058007 i 122205057003 122205058003 122205058011 ' 122205057002 122205057001 122205058001 122205008001 t 122200060010 122205060009y �a 122205009001 1222050590096� 'D,",S r 122205007D,110 122200060010 lzzz000s0000 122205059006 122205007008(1) 122205006009 122205059005 �� 122205006910 122205007007 1 �. 22205006909 ,{. 122205006007 �"` 122205059004 s >LQ RN 122201480743 W 122205006906 122205059003 122205007005 122205007003 122205059001 / 122201380746 122205006904 122205006003 i 122205006903 122201480730 122205007001 122200060010 122201380745 12220507008 122205006001 122205006901 122205004008 122205005008 122201480090 Exhibit B - 1 ti J," s,, 122205058007 C?; 122205057003 `x. I t, >,j�• 1 122205058003 ' o �^ y122205058011" 0122205057002 `122205057001 - -' �✓ 1222U500CU'�� - 122205058001 n M.m' , ,ft-il w t s 122200060010 w j 122 �:� ,. 1' < 122205009001 r- 122205058009 6 �. 900 T !^t - 122205007010 ? '' r 1 22 2000600 1 C - 122200060000o, !'► 122205059006 122205007008 � 122205006009 , 122205059005 122205006910 122205007007 1 122205006909 112220505900-1 122201480743 122205006906 122205059003 t 122zii 0��7,-)'- 122205007003 r 12220 059001 / 122201380746 111 '122205006904 'e 22205006003 -1' 122205006903 122201480730 122205007.001 122200060010 Ji 122201380745 122205071008 22205006001 i2 2,2:5('06901 12Z2�3�-�3° `,� '1 122201480090 Exhibit B -2 Mason County WA GIS j 12*050 Search4 r el or Addres Q� In jj 1 !� 1222000600 0 WA3 12220500800 J Afli r 12220 59009 � / � � �y 1850()'E STATE R<dJTE 3 -- rrovg�4Magh(ppproximate ar",,91 Vacation tr(aNr 1222000*0 1 205059905 122200060010 Property,p�f1p. Vti goer' 14ESTATERO TE3 , r' 906*1R'petitioner `- 18518 E STATE ROUTE 3--- 2226%0069 y 18460 E STATE ROUTE 3 — j 2205006 9 j 12205007007 185.10 E SWTE ROUTE 3 I 12$20 00Op7 �} 12 e ~-_ Petitioner s °on s rop ' y,16-E STATE ROV 3 - - 22050069 18#70ESTAT2q%AA 700� 18460 E STATE R06it3 _- 122205007003 - a / 122205006003 12 0500 904 18450 E STATE ROUTE 3 �— 1?22650W—O01 t • 122 0 ' Exhibit B-3 60h =- Mason County WA GIS v f r # North T• � 009 1 E -TATE F: I ITE ' Arrows`mark approximate area of Vacation 2000600001' 11 205053+ U1 i[1104i@4, Property of petitioner`-' I-,14E -TATE F JUTE ' Property of petitioner 1-'I- E `,TATE F.'.-11TE :+ .. 1 E STATE R:.,'.ITE1270 1j2205006909 1-51 -E$TATE R:11ITE ' T Petitioner's Son's,Property I ;E STATE RWTE'3 122201. 1-47 E `;T;.TE R.O ITE.') r, 1k4. ESTATE.RW • i 122201380746 ' 1 222 0500 5 007 00 r 05006003 12240500904 5`�E S TATE R W TE 3 1 7.9.0 • 122f05048$b3 ; Exhibit B -4 loft PLAT OF THE TOWN OF ALL N vacated VOLUME 1 OF PLATS, PAGE 7. t°be �= A° `°,� °i �v x W ,000 \ / Srp� ROl1T N �' i/\ CK cm w LOW N \� // SCALE.® i 15 JO 60 \ 125' \ \ \ \ 19 pG \\ 4 R053 \ \ \ \ N ,.do \ 10 -A \\ \ �' � \ \\ ,•�� \ .per"' �...,.....\ \ \\ VA 60 Q \ 6 R OS 259.60 cl \ 1 L \ L s /gg 5T' DESCRIPTION: Y \ R �� a GRD REFER TO QUIT CLAIM DEED RECORDED UNDER MASON COUNTY AUDITOR'S FILE NO. 1942834. 1� u ALL MONUMENTS SHOW! TIS SU WERE fy LOCATED AT THE Tn4E OF 9R5 SueuEr. t vAUtwR ` / v0`L�"0�P BASIS OF BEARINGS a - t5 E5'159� �/ 15 F 7O930j / N 1790'00'E ALONG CROSS ST. 3 NFN 6 / PER FOUND MONUMENTS SMOW1. SURVEY STANDARDS ZsLEGEND ,I o.,�PM'O1-AC=-J, 0 FOUND BAR AND CAP LSP UUM /� 1•/ s mrrrNT PROCED r- ��•{{ / lN/ O 52E1 TAPE c}_• • SET BAR AND LAP l5/271e4 �TL g{-. O ifs, /NOII�1/v'f ,,S• • FOUND BAR AND w w 242e! QL SW 1/4,NE 1/4 r•. YL O FOUR BAR AND CAP LS/IMISS �P� FENCE L^^R ssmeA 170/ASAIP AANCr ., 20 221 "Arm www AUDITOR'S CERTIFICATE SURVEYOR'S CERTIFICATE T. BOUNDARY SURVEY n nsr�Rcm na2%w NICK BISKEBORN v �Fd. Jo1A. sa w mricrl.tc..cm•r.•wnc.r1ac n N[o. .i... FOR vaoe r On¢nmt w ce.ra�..e[—'K.eou.utD.s M�JL..t.Do.$(r e q.•.[ unDl R+�[fu.K..[fdlpl0/Cr a TK.00ua*a N...Y Ryd.A Pf.s .".,n ra .'a SY N T.[RCIIO� NICK BISKEBORN lines S.al!►yore.Rd. 2Px. eaAs t1•Te 4, �,Q�,- rRMA>k r..4lesl.o ae"d HR 2-24-2010 7 `�•'✓tL. 0111..7WPe.r(aB0)4Re_W:lar agpa RAIL ate■Drtol cd.ov NIO.o. .ta r»w tun 1'�JO' BISKEBORN i jit f� M GrOUnd Level of Alleyto be Vacated Exhibit • 6 All that portion of the "Town of Allyn", per Plat recorded in Volume 1 of Plats at Page 17, records of Mason County, Washington, described as follows: An un-named alley lying south of Drum Street between Lots 7, 8, 9 and 10 of Block 6 and Lots 8, 9 and 10 of Block 7 of said Plat of"Town of Allyn". Excepting therefrom the westerly 10 feet of said un-named alley laying east of Lot 7 Block 7 of said Plat of"Town of Allyn". Exhibit C 1 Phillip Franklin - Re: Vacation 0397 Betsinger From: Michael MacSems To: Franklin, Phillip Date: 1/30/2019 11:55 AM Subject: Re: Vacation#397 Betsinger Phil, I have checked with staff here, a find that DCD has no objections to this alley vacation. Thank you. Michael >>> Phillip Franklin 1/29/2019 10:29 AM>>> Michael, Thank you very much. Phil Phil Fi-anklin Ri.ght Of Way Agent Mason County Public Works (360)427-9670 ext.456 pdf@co.mason.wa.us >>>Michael MacSems 1/29/2019 9:59 AM>>> Phil, I'm asking other planners for their thoughts. I'll get back to you as soon as I can. Thanks, Michael >>> Phillip Franklin 1/28/2019 12:25 PM>>> MIchael, Vicki & Barry Betsinger and his wife have requested a vacation of a portion of an old alley in the plat of Allyn. Ms. Betsinger's family and now she have owned an older house on Blk 6 Lots 9-10 in the Plat of Allyn and they also own blk 7 lots 8-9.They are requesting the vacation of the old alley area off of E. Drum Street to clean up the unused alley. They are aware of any utility easements that may already be in the old alley area but my question is does anyone in the Planning Dept. have any questions, comments or concerns about this area being vacated? I have attached some photos for reference. I look forward to your response and input. This request is right behind and neat to the old community church on the highway. Thank you Michael, Exhibit D-1 file:///C:/Users/Pdf/AppData/Local/Temp/XPgrpwise/5C5190AAMasonmail 10017531321... 2/19/2019 1 Page l of I Phillip Franklin - Re: Vacation in Allyn From: Bob Pearson To: Franklin, Phillip Date: 1/28/2019 4:06 PM Subject: Re:Vacation in Allyn The alley is not in the road maintenance system, It's looks like the people use it as there back yard,all maintained grass,I have no issue with a vacation there.there may be a water line or server trunk in that portion I don't know for sure. >>> Phillip Franklin 1/28/2019 12:30 PM >>> Bob, I think we may have talked about this, but Mr.&Mrs.Betsinger are asking for us to vacation an old alley in Allyn. I have attached an aerial pic or tow for you to look at.The area is right behind the old community church on the highway. Youm may have told me all is good, but I need something in writing from you please.Just drop me an email. If you have any questions, please contact me. Thanks, Phil Phil Franklin Right Of Way Agent Mason County Public Works (360)427-9670 ext.456 pdf@co.mason.wa.us Exhibit D-2 file:///C:/Users/Pdt/AppData/Local/Temp/XPgrpwise/5 C4F287BMasonmail 100175313212... 1/28/2019 Page 1 of 1 Phillip Franklin - Re:Vacation #397, Barry Betsinger From: Terry Conley To: Franklin, Phillip Date: 11/28/2018 12:49 PM Subject: Re:Vacation#397,Barry Betsinger Phil, After reviewing this I don't have any issues with this petition to vacate this portion of the alley.Any existing utilities will remain and have the right to be maintained.Per our discussion,it doesn't appear this vacation will not impede future access to sewer lines. Terry Conley Mason County Road Utilities Specialist 100 W Public Works Drive Shelton, WA 98584 Office: 360-427-9670 Ext. 614 Cell: 360-463-7887 >>> Phillip Franklin 11/27/20181:31 PM >>> Terry, Barry Betsinger and his wife Vicki have petitioned the county to vacate a portion of an alley in the Allyn area.The area starts right behind the old church along Hwy.3 on Drum Street.The Betsingers and their son own the two improved lots facing the water in front of the church and have taken care of this area,water and mow, for several years.They are aware of the easement for power and possibly water in the alley area. I have attached two maps and the area highlighted in yellow,on one map,and black on the other aerial map to show the area they are asking us to vacate. If you have any questions, let me know and could you please send me an email responding to my request letting me know if you have any concerns or questions about the vacation. Thanks for the help! Phil Phil Frmiklin Right Of Way Agent Mason County Public Works (360)427-9670 ext.456 pdf@co.mason.wa.us Exhibit D-3 file:///C:/Users/pdf/AppData/Local/Temp/XPgrpwise/5B FE8 EF4Masonmai 11001753132... 11/28/2018 RESOLUTION NO. VACATION FILE NO.397 NOTICE OF INTENT TO VACATE SETTING TIME AND PLACE FOR HEARING ON SAID VACATION RCW 36.87 IN THE MATTER OF THE VACATION OF A PORTION OF AN UN-NAMED ALLEY SOUTH OF DRUM STREET BETWEEN BLOCK 6 AND BLOCK 7 OF THE PLAT OF ALLYN WHEREAS, NOTICE IS HEREBY GIVEN that the Mason County Public Works Department is requesting for the vacation of the following right of way: All that portion of the "Town of Allyn", per Plat recorded in Volume 1 of Plats at Page 17, records of Mason County, Washington, described as follows: An un-named alley lying south of Drum Street between Lots 7, 8, 9 and 10 of Block 6 and Lots 8, 9 and 10 of Block 7 of said Plat of"Town of Allyn". Excepting therefrom the westerly 10 feet of said un-named alley laying east of Lot 7 Block 7 of said Plat of"Town of Allyn". WHEREAS, the Board of Mason County Commissioners did set a date for public hearing on the matter before the Hearing Examiner on the matter and directed Public Works to prepare notice thereof for posting and publication. NOW THEREFORE, BE IT RESOLVED that said hearing has been set for Wednesday, June 12, 2019 at 1:00 p.m. in the Commission Chambers, Mason County Courthouse Building I, 411 North Fifth Street, Shelton, Washington, at which time and place any taxpayer may appear to hear the County Engineer's report, and be heard either for or against the vacation of said portion of un-named alley in the plat of Allyn. DATED this day of 2019. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Melissa Drewry, Clerk of the Board Kevin Shutty, Chair APPROVED AS TO FORM: Sharon Trask, Vice Commissioner Tim Whitehead, Ch. DPA Assessor Auditor Randy Neatherlin, Commissioner County Engineer Petitioner Post no later than 5/9/19 (20 days prior to hearing at each terminus of the county road or portion thereof proposed to be vacated or abandoned.) Vacation File No. 397 JOURNAL— Publish 2t: 5/16/19—5/23/19 (Bill Public Works)