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2020/09/08 - Regular Packet
CUelrl� MASON COUNTY TO: BOARD OF MASON COUNTY COMMISSIONERS Reviewed: FROM: Ginger Kenyon Ext. 380 DEPARTMENT: Support Services Action Agenda DATE: September 8, 2020 No. 4.1 ITEM: Correspondence 4.1.1 United States Department of the Interior Bureau of Indian Affairs sent in a letter regarding acquiring in trust for Skokomish Indian Tribe 6.62 acre tract in Mason County. 4.1.2 Washington State Liquor and Cannabis Board sent in a Liquor License Application for Home Meat Service. 4.1.3 A letter was received from The Port of Allyn requesting CARES Act Funding. Attachments: Originals on file with the Clerk of the Board. �-1U.uIVIIVIr%0 lWdUllrfllrl, zmuuy, I raSK Clerk aPPS�ENT OF Tye' United States Department of the Interior aJ 2 p BUREAU OF INDIAN AFFAIRS a Northwest Regional Office 911 Northeast 1 lb Avenue �gaCH 33�aaA Portland,Oregon 97232 IN REPLY REFER TO: Division of Realty CERTIFIED MAIL—RETURN RECEIPT REQUESTED RE'EWE" Board of County Commissioners ~;, Mason County AUG 21 ry 411 North Fifth Street I 202� Shelton,Washington 98584-3400 ! Mason County Dear County Commissioners: - Commissioners This letter is to inform you that the Northwest Regional Director of the,Bureau of Indian Affairs(BIA), United States Department of the Interior,has decided to acquire in trust for the Skokomish Indian Tribe a 6.62-acre tract in Mason County,State of Washington. A copy of the decision is enclosed. Any party who wishes to seek judicial review of this decision must first exhaust administrative remedies. The Northwest Regional Director's decision may be appealed to the Interior Board of Indian Appeals (IBIA)in accordance with the regulations in 43 CFR 4.310-4.340. If you choose to appeal this decision,your notice of appeal to the 113IA must be signed by you or your attorney and must be either postmarked and mailed(if you use'mail)'or delivered(if you use another means of physical delivery,such as Federal Express or UPS to the IBIA within 30 days from the date of publication of this notice. The regulations do not authorize filings by facsimile or by electronic means. Your notice of appeal should clearly identify the decision being appealed. You must send your original notice of appeal to the IBIA at the following address: Interior Board of Indian Appeals,Office of Hearings and Appeals,U.S.Department of the Interior,801 North Quincy Street,Suite 300;Arlington, Virginia 22203. You must send conies of your notice of appeal to(1)the Assistant Secretary-Indian Affairs;U.S.Department of the Interior,MS-4141-MIB, 1849 C Street NW,Washington,D.C.20240;(2) each interested party known to you;and(3)the Northwest Regional Director. Your notice of appeal sent to the IBIA must include a statement certifying that you have sent copies.to these_officials and interested parties and should identify them by names or titles and addresses. If you file a notice of appeal,the IBIA will notify you of further procedures. If no appeal is timely filed, this decision will become final for the Department of the Interior at the expiration of the appeal period. No extension of time may be granted for filing a notice of appeal. - Sincerely, Digitally signed by BRYAN - MERCIER �` Date:2020.08.77—.7:43 -0700' Bryan Mercier Northwest Regional Director w/Enclosure cc: Skokomish Indian Tribe T�yF Tye United States Department of the Interior ° BUREAU OF 11DIAN AFFAIRS a Northwest Regional Office ' 911 Northeast 11`h Avenue �gRCH 3•ti$A Portland,Oregon 97232 In Reply Refer To: Division of Realty CERTIFIED MAIL,—RETURN RECEIPT REQUESTED The Honorable Charles Miller Skokomish Indian Tribe 80 North Tribal Center Road Skokomish,Washington 98584 Dear Chairman Miller: This is the decision of the Bureau of Indian Affairs(`BIA"),Northwest Regional Director, on the Skokomish Indian Tribe("Tribe")on reservation land-into-trust application for the property more fully identified below,known as the"Wilbur Property"("Property"or"Land"), consisting of 6.62 acres,more or less,in Mason County,State of Washington.The proposed acquisition is for self-determination and structures dedicated to tribal governmental office space. The application is not for gaming purposes. For the reasons set forth below, it is my decision to approve the Skokomish Indian Tribe's request to acquire the Wilbur Property into trust. Application Information The Tribe has requested by Tribal Resolution Number 2018-113,dated August 15,2018 (Exhibit 1)and amended dated July 17,2019(Exhibit 1-A),that the United States acquires a 6.62- acre tract located on-reservation in trust for the use and benefits of the Tribes and its membership. The Tribe presently owns the property in fee status. The Tribe acquired this property from Lawrence and Patricia Wilbur, husband and wife, by Statutory Warranty Deed dated September 19,2017 and recorded the purchase on September.22, 2017 in Mason County, State of Washington under document number 2081214(Exhibit 2). The property is located within the boundaries of the Skokomish Indian Reservation(Exhibit 3). The parcel numbers for the property is 42102-22-00010,42102-21-00000, and 42102-21-00010. The property is described as: Assessor's Parcel Nos. 42102-22-00010, 42102-21-00000, and 42102-21=00010, being portions: of Indian Lot 10, 11, and 12, in Government Lots 3 and d 4, in the North_Half of the Northwest Quarter, Section 2,T. 21 N.,R.4 W.,W.M. Situate in the County of Mason, State of Washington. Containing 6.62 acres,more or less. The Boundary Evidence Standards Certificates requested by the Tribe and prepared by Kathleen Cassou,PLS, CFedS,and was approved by the Bureau of Land Management(BLM)on Decision Page 1 of 9 June 25,2018.The Land Description Review Certificates states that the land description are acceptable as written and presented for the stated purpose.BLM issued a certification dated June 25,2018,and indicated that this Land Description Review correctly represents the records and documents compiled under their direction and control and in conformance with the requirements of the BLM Standards for BLM Administered Lands Boundary Evidence, of the parcel(s)of land identified above(Exhibit 4). The Tribe has fulfilled the requirements of 25 CFR§151.9 governing requests for approval of acquisitions by submitting Tribal Resolution Number 2018-113, dated August 15,2018 and amended Tribal Resolution dated July 17,2019,which sets out the identity of the parties, a description of the land to be acquired,and other information showing the acquisition comes within 25 CFR Part 151.Specifically,that the property is located within the exterior boundaries of the Tribe's Reservation, as provided in 25 CFR§151.3(a) (1), and that the property is owned by the Tribe as provided in 25 CFR§151.3(a)(2). Regulatory Requirements,25 CFR Part 151: This decision of the Northwest Regional Director,Bureau of Indian Affairs is discretionary. In evaluating the Tribe's request to have the on-reservation land taken into trust,the.B1A must consider the criteria set out in 25 CFR§15 1.10(a)through(c)and(e)through(h).Proof that the Northwest Regional Director considered the factors set forth in 25 CFR§151.10,must appear in the administrative record;however,there is no requirement that the BIA reach a particular conclusion concerning each factor.Nor must the factors be weighed or balanced or exhaustedly analyzed in a particular way. Thurston County,Nebraska v. Great Plains Regional Director, Bureau of Indian Affairs, 56IBIA 296, 300, 301 (0410312013). 151.10(a)—Statutory Authority The primary authority to acquire land in trust for a Tribe is the Indian Reorganization Act(IRA) of June 18, 1934(48 Stat. 984.),25 U.S.C. §5108: The Secretary of the Interior is authorized,in his discretion,to acquire through:purchase, relinquishment,gift,exchange, of assignment,any interest in lands,water rights, or surface rights to lands,within or without existing reservations,including trust or otherwise restricted allotments,whether the allottee be living or deceased, for the purposes of providing land for Indians. In 2009,the Supreme Court issued its decision in Carcieri v. Salazar,555 U.S.379(2009), where the Court held that in order for the Secretary to acquire land for a Tribe under Section 5 of the IRA',a Tribe must have been"under federal jurisdiction"in 1934. In accordance with the Carcieri v. Salazar case,the Secretary may use this authority only for tribes that were under federal jurisdiction in 1934.The present-day Skokomish Indian Tribe is comprised of approximately 732 enrolled members and is the successor in interest to signatories of the Treaty of Point No Point, 12 Stat. 933, entered into in 1855. 'Section 5 of the IRA it codified at 25 U.S.C.§5108. Decision Page 2 of 9 Based on the 1947 Tribal Relations Pamphlet called Ten Years of Tribal Government Under I.R.A.,written by Theodore H.Haas, Chief Counsel,United States Indian Services,the Tribe participated in a vote to accept the IRA on October 27, 1934. Subsequently,the Tribe also adopted a Constitution and Bylaws pursuant to Section 16 of the IRA,on April 2, 1938 and approved on May 3, 1938 by the Secretary of the Interior,and amended on January 15, 1980 and approved on March 17, 1980 by the Secretary of the Interior(certificate of adoption of Tribal Constitution and Bylaws in accordance with the IRA). In United States v. Washington, 384 F. Supp. 312(W.D. Wash. 1974),the district court confirmed that the Skokomish Indian Tribe was a party to the Point No Point Treaty.On appeal to the Ninth Circuit,the court affirmed that the Tribe was a party to the Point No Point. United States v. Washington, 520 F.2d 676(9th Cir. 1975). Based on the record as a whole;the Skokomish Indian Tribe was under federal jurisdiction in 1934, and the Secretary has the authority to take land into trust using the authority of Section 5 of the IRA. Section 151.3(a)of Title 25 of the Code of Federal Regulations sets forth the Department's land acquisition policy.I find that the acquisition is consistent with the policy because of the following: 1) The land is located within the exterior boundaries of the Skokomish Indian Reservation. 2) The Tribe already owns the land as evidenced by the Statutory Warranty Deed(Exhibit 2)and the title commitment issued by Mason County Title Company(Exhibit 5).The Office of the Solicitor;Pacific Northwest.Region,U.S.Department__of the Interior, reviewed the title evidence and provided Pre-Acquisition Title Opinion BIA.PN.11062 dated July 222,2019(Exhibit 6)finding title vested in the Tribes: and 3) The Tribe's,proposed use for the subject property is for self-determination and-structures dedicated to tribal governmental office space.The Tribe will also be increasing its land base,which provides greater options and flexibility for future actions to fulfill its self- determination goals.I find that this land is necessary to facilitate tribal self- determination. 25 CFR§151.3(a) I find that the Skokomish Tribal Council has the authority to convey the subject property to the United States in trust for the Tribe pursuant to Article V, Section 1(g)of the Constitution of the Skokomish Indian Tribe(Exhibit 7).This section states that the Tribal Council has the power: "To purchase or acquire in other ways land and other property;to use,manage,assign, lease,encumber, exchange,place in trust,and dispose of land and other assets owned by the tribe; and to veto any proposed sale, encumbrance,or other disposition of tribal land Decision Page 3 of 9 or assets;but any sale,pledge,mortgages,or relinquishment of tribal land must first be approved by the General Council." I have determined that the regulatory requirements of 25 CFR§15 1.10 applies to this trust acquisition.25 CFR§151.11 does not apply because the subject property is on the Skokomish Indian Reservation(Exhibit 3). 151.10(b)—Need for additional land The Skokomish Indian Reservation is a rural coastal reservation located in the western part of Washington State at the southwest end of the Hood Canal in Mason County.The Skokomish ° Tribe is a signatory of the Treaty of Point No Point of January 26, 1855(12 Stat.933). The Tribe has an acute need for additional land because of the loss of their land base pursuant to the Treaty of 1855. The Skokomish Reservation, (Exec. Order of February 25, 1874—President Ulysses S. Grant) consists of approximately 4,950 acres,with nearly 2,700 acres,including residential areas and the majority of tribal government services,lying within the 100-year flood plain;flooding impacts pose significant challenges to the governmental,economic and residential development of the Skokomish Reservation. 'The original Area of the Skokomish Indian Reservation was allotted except 19 acres held in tribal trust status for cemetery and administrative sites.The United States Government - subsequently fee patented,sold,or otherwise alienated approximately 2,034 acres of the Reservation in 1934. Currently the Tribe's total trust land base remains significantly diminished and the Tribe has lost proprietary control over much of the Reservation. The Tribe also has approximately 716 . . enrolled members, and the service area,which includes Native American enrolled at other tribes and non-enrolled community members, is 2,828 unduplicated individuals as documents by the Skokomish Health Clinic's records Increasing its land base provides greater options and flexibility for fixture actions to fulfill its self-government and self-determinations goals.Acquisition of this property into trust status will ensure that the land remains protected for future generations by restricting its alienation. If the Wilbur Property is placed in trust status,the land will allow the Tribe to request additional. . funding from federal agencies,who distribute funding based upon total tribal acreage,road miles,river miles,habitat enhancement,or other reasons. Base on the above facts,I find that the Tribe need for additional lands for self-government and self-determination purposes and to increase its land base to better sustain the Tribe and its growing tribal membership. Decision Page 4 of 9 151.10(c)—Purpose for which the land will be used The current/proposed purpose for the property is for self-determination and structures dedicated to governmental office space. There is no change.of land use for the BIA to consider. 151.10(e)—Impact on the state and local governments' tax base A Notice of Application was sent to the Governor's Office of Indian Affairs of Washington ("State")and Mason County("County")on September 27,2018(Exhibit 8).The notices provided 30 days for a written response. According to the certified mail return receipts,the State and County received their Notice of Application on October 1,2018. The State and County did not respond to the Notice of Application. The 2018 taxes for the subject property were the following(Exhibit 9): Parcel Number: Total Taxes for 2018: 42102-22-00010 $1,290.68 42162-21-00000 $158.39 42102-21-00010 $158.39 Total: $1,607.46 I can only consider the information that is available.Therefore,any loss of revenue to Mason County is offset by the contributions that the Skokomish Indian Tribe provides with services to the local community, Indian and non-Indian. There were no responses, comments or objections from the State and County to the removal of these parcels from fee status. I find that I cannot determine any impact on the State and County due to its failure to respond to the Notice. 151.10(f)—Jurisdictional problems and potential land use conflicts Jurisdictional Problems The acquisition of this subject property into trust status should not create jurisdictional problems. Before acquisition by the Tribe,this property is subject to the State's jurisdiction. After acquisition by the United States in trust for the Tribe,the Tribe will have regulatory jurisdiction over the land.The Tribe has entered into numerous intergovernmental agreements and will Decision Page 5 of 9 continue to act in the spirit of cooperation to improve the quality of life for all people(Indian and Non-Indian). The Tribe also exercises various aspects of criminal and civil jurisdiction concurrently with the State of Washington,consistent with the Tribe's consent to the application of Public Law 280 and the Tribe's Community Development Office,Department of Natural Resources, Court and Public Safety Department are capable of managing activities conducted upon the land,the land and its resources consistent with federal law.The land will receive police and emergency services in cooperation from both Mason County and Tribal Public Safety where applicable.The land will continue to receive fire response from Mason County Fire Districts. The Tribe will continue to use the property for self-determination and structures dedicated to governmental office space and these activities/uses are less likely to produce jurisdictional problems. Potential Land Use Conflicts As stated above,the State and County did not respond to the Notice of Application;therefore,no potential land use conflicts were raised by the local governments. The Tribe will continue to use the property for self-determination and structures dedicated to governmental office space and these activities/uses are less likely to produce potential land use conflicts. Based on what the BIA knows now,there is no basis to conclude that jurisdictional problems or land use conflicts will arise as a result of the land's acquisition in trust status. I find that my consideration of the criterion in 25 CFR§151.10(f)weighs in favor of the acquisition of the subject property. 151.10(g)—Whether the BIA is equipped to discharge additional responsibilities The Skokomish Indian Tribe is a self-governance tribe and has compacted all programs,except the realty functions.Therefore,the BIA performs all of the realty functions and then submits the documents for review and encoding to the Superintendent of the Puget Sound Agency and the _ approval to the Northwest-Regional Director.The programs at the Puget Sound Agency and Northwest Regional Office are capable of handling the additional responsibilities brought about by acquiring the land into trust.The principal programs affected will be Realty and Environmental Services, along with the Northwest Title Plant. Based on the above facts,I find the additional 6.62 acres,more or less,will not unduly burden the BIA staff.Therefore,I conclude that the BIA is equipped to discharge the additional responsibilities associated with bring this land into trust status. Decision Page 6 of 9 151.10(h)—Environmental compliance A Categorical Exclusion Exception Review(CEER)Checklist approved on March 12,2019, indicates that an environmental assessment is not required because the Tribe indicated that no development,physical alteration,or change of land use after acquisition is planned or known (Exhibit 10).Therefore, I find that approval of this acquisition falls under 516 DM 10.5 I and is categorically excluded. Should future development occur, compliance with NEPA will be required if federal or a federal decision is involved. Historic/Endangered Species Compliance Since there are no plans for further development of this property, I anticipate no impact to any historic or archaeological resources or to any threatened or endangered species that may exist on the property. Should future development occur,compliance with laws governing historic properties and endangered species, if applicable,will be required. Phase I Environmental Site Assessment Phase I,II and III Environmental Site Assessment(ESA)reports were completed by Kristen Burgess,L.G.,of ESA Associates,Inc.A Phase I ESA was completed on September 10,2018,a Phase II ESA on May 8,2018, and a Phase III ESA on June 20, 2019.A memorandum stating that,Summary and Conclusions by the Regional Environmental Scientist, Northwest Regional Office indicated: EA consulted that the contaminants in the vicinity of the former parking lot,gasoline UST, and burn pile were found to be either non-detect or at concentrations well below the MTCA Method A cleanup levels established for the site. No additional site assessment work at the Property was recommended. BIA concurs with this.assessment and based on our review of the supporting documentation, no further environmental investigation appears to be warranted at this time. The Regional Environmental.Scientist has concluded that the report fulfills the requirements of NEPA,40 CFR§ 312 and the ASTM E 1527-13 Standard Practice, and the property is suitable for acquisition under the U.S.Department of the Interior Manual 602 DM 2.13 A(Exhibit 11). Agency-level administrative delays have occurred both in the fee-to-trust application and closure of the agency offices for an extended period due to the COVID-19 pandemic. Based on this,the, validity of the previous Phase I ESA report,which expired September 10, 2019,is being extended to September 10,2020. No additional extensions will be granted for the Phase I ESA and a completely updated Phase I ESA will be required for the property after September 10,2020. Decision Page 7 of 9 151.13—Title Examination A Request for a Preliminary Title Opinion was submitted to the Office of the Solicitor,Pacific Northwest Region,and a favorable Pre-Acquisition Title Opinion was issued on July,22,2019. Decision The proposed use and purpose of the property is non-gaming,not illegal and not in conflict with existing land use. In view of the foregoing,all applicable legal requirements have been satisfied and.I hereby approve the on-reservation fee-to-trust application of the Tribe's Wilbur Property. The following items were relied on or provided in support of the proposed acquisition. 1. Tribal Resolution Number 2018-113 and Fee-to-Trust Application(August 15,2018) 1-A. Tribal Resolution and Application amended(July 17,2019) 2. Statutory.Warranty Deed 3. Location Maps 4. Land Description Review Certificate 5. Title Commitment 6. Pre-Acquisition Title Opinion 7. Constitution of the Skokomish Indian Tribe 8. Notice of Application sent to the Governor's Office of Indian Affairs of Washington and Mason County. 9. Mason County Washington 2018 Tax Details 10. CEER and Certificate,of Inspection and Possession(CIP) 11. Memorandum from Regional Environmental Scientist,Northwest Regional Office Appeal Rights Any party who wishes to seek judicial review of this decision must first exhaust administrative remedies.The Northwest Regional Director's decision may be appealed to the Interior.Board of Indian Appeals (IBIA)in accordance with the regulations in 43 CFR 4.310-4.340. If you choose to appeal this decision,your notice of appeal to the IBIA must be signed by you or your attorney and must be either postmarked and mailed(if you use mail)or delivered(if you use another means of physical delivery,such as Federal Express or.UPS to the IBIA within 30 days from the date.of publication of this notice.The regulations do not authorize filings by facsimile or by electronic means.Your notice of appeal should clearly identify the decision being appealed.You must send.your original notice of appeal to the IBIA at the following address:Interior Board*of Indian Appeals,Office of Hearings and Appeals,U.S. Department of the Interior, 801 North Quincy Street, Suite 300,Arlington;Virginia 22203.You must send conies of your notice of appeal to(1)the Assistant Secretary—Indian Affairs,U.S. Department of the-Interior,MS-4141-MIB3 1849 C Street NW,Washington,D.C. 20240; (2) each interested party known to you; and(3)the Northwest Regional Director.Your notice of Decision Page 8 of 9 appeal sent to the IBIA must include a statement certifying that you have sent copies to these officials and interested parties and should identify them-by names or titles and addresses. If you file a notice of appeal,the IBIA will notify you of further procedures:If no appeal is timely filed,this decision will become final for the Department of the Interior at the expiration of the appeal period.No extension of time may be granted for filing a notice of appeal. Sincerely, Digitally signed by BRYAN - MERCIER - Date:2020.08.17 07:17:06 B;s.a',n Rc[r.,R:;iaw Dizncr -0T00' Bryan Mercier Northwest Regional Director Decision Page 9 of 9 Cc:CMMRS Neatherlin, Shutty, Trask Clerk 0-U)IIqdftM A- Paw e'e +, Washington State • S�2 G1' Liquor and Cannabis Board NOTICE OF LIQUOR LICENSE APPLICATION WASHINGTON STATE LIQUOR AND CANNABIS BOARD License Division - P.O. Box 43098 Olympia,WA 98504-3098 Customer Service: (360) 664-1600 Fax: (360) 753-2710 Website: http://lcb.wa.gov TO: MASON COUNTY COMMISSIONERS RETURN TO: localauthority@sp.lcb.wa.gov RE: NEW APPLICATION DATE: 8/26/20 U BI: 601-383-475-001-0001 License: 430755 -2N County:23 APPLICANTS: Tradename: HOME MEAT SERVICE HOME MEAT SERVICE INC. Address: 341 SE TAYLOR RD PROBST, GLENN SHELTON WA 98584 1933-07-25 MAGNUSSON, KASEY 1959-02-21 WALLERSTEADT,JORDAN 1993-08-27 Phone No.: 360-426-1643 KASEY MAGNUSSON RECEIVED Privileges Applied For: AUG 2 6 2020 GROCERY STORE-BEER/WINE Mason County Commissioners As required by RCW 66.24.010(8), the Liquor and Cannabis Board is notifying you that the above has applied for a liquor license. You have 20 days from the date of this notice to give your input on this application. If we do not receive this notice back within 20 days,we will assume you have no objection to the issuance of the license. If you need additional time to respond,you must submit a written request for an extension of up to 20 days,with the reason(s)you need more time. If you need information on SSN,contact our CHRI desk at(360)664-1724. YES NO 1.Do you approve of applicant? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ 2.Do you approve of location? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ 3.If you disapprove and the Board contemplates issuing a license, do you wish to request an adjudicative hearing before final action is taken? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ (See WAC 314-09-010 for information about this process) 4. If you disapprove,per RCW 66.24.010(8)you MUST attach a letter to the Board detailing the reason(s)for the objection and a statement of all facts on which your objection(s)are based. DATE SIGNATURE OF MAYOR CITY MANAGER COUNTY COMMISSIONERS OR DESIGNEE Cc:CMMRS Neatherlin, Shutty, Trask CCCTer.kr' Port Of Allyn August 21, 2020 Port Commissioners: Commissioner Randy Neatherlin Ted Jackson Commissioner Kevin Shutty Commissioner Sharon Trask Judy Scott 411 North 5th Street Scott cooper Shelton, WA 98584 Lary Coppola RE: CARES Act Funding Request Executive Director LeAnn Dennis Dear Commissioners, Operations Manager Please accept this letter as a request for the Port of Allyn to be included in the distribution of CARES Act funds the County is tasked with administering. As is the case for most government entities, as well as private sector businesses, the Covid-19 pandemic has created a major disruption in our operations as well as our long-term,well-established revenue streams. Port Facilities: We budget annually for revenue from rental of the Gazebo at the Allyn Waterfront Park— Allyn Marina which is a very popular wedding venue, and customarily booked most weekends from mid-May and Boat Launch through Labor Day. In fact, it's not unusual for it to be booked a year in advance. Our meeting North Shore Marina room is often additionally booked as the reception venue for those weddings as well. When and Boat Launch receptions are held there, they sometimes include the rental of tables and chairs, along with wind panels for the Gazebo, and the shower rooms we have are often reserved to be used as Allyn Waterfront changing rooms. These are in addition to the Gazebo and meeting room being reserved for Park events such as the annual Memorial Day celebration, community and business group meetings, as well as private affairs such as baby showers, birthday parties, retirement parties, memorial Allyn Kayak Park services and more. We have also lost launch and parking fee revenue from our boat launches and Launch at the North Shore and in Allyn, as well as moorage in both locations, plus annual pass revenue. Port of Allyn Our budget projections for these facilities have been highly accurate over the course of many Water Company years. However, because of the pandemic, we have suffered a summer of almost no bookings due to the social distancing requirements called for in the Governor's "Stay Home. Stay Safe" Executive Order. Almost every previously booked event has been cancelled, and not only have we lost budgeted revenue from these events, but have been forced to refund deposits and pre- payments as well. 18560 E State Route 3 Therefore, we are requesting CARES Act Funding in the amount of$16,500. PO Box 1 Allyn,WA 98524 The documented differential in revenue between 2019 and 2020 breaks out as follows: 360-275-2430 $6,106.12—Gazebo and Meeting Facility Rental Loss—includes all rental items $4,044—Refunds of Deposits and Pre-Payments info@portofallyn.com $2,247—Launch Fee Revenue Loss www.portofallyn.com $1,609.55—Moorage Fee Revenue Loss $1,125—Annual Launch Pass Purchase Revenue Loss $958— Parking Fee Revenue Loss 91110 $16,089.67—TOTAL REVENUE LOSS i I A ' 1854 PROCLAMATION HONORING PUBLIC HEALTH WHEREAS,The State of Washington is served by 35 County and Multi-County Local Health Jurisdictions; and WHEREAS,Local Health Jurisdictions are comprised of local public health officials, including Boards of Health,Health Officers(Doctors),Administrators,Public Health Nurses,Epidemiologists, Community Health Educators,and Environmental Health Workers,making up a workforce of roughly 3,000 in Washington State. WHEREAS,The pandemic caused by the spread of Coronavirus 2019 ("COVID-19")has created significant disruption to healthcare systems, education systems,businesses, economies,government,and the everyday life of individuals throughout our communities,state, country, and around the world; and WHEREAS,The spread of COVID-19 poses significant risks to everyone in,and all facets of, our community; and WHEREAS,Local public health officials who serve in Washington State's 35 Local Health Jurisdictions are working tirelessly to carefully and effectively ensure COVID-19 is contained,traced,tracked, and treated in a manner to limit the spread of this deadly infection; and WHEREAS,Local public health officials work to provide crucial data and support for scientists and medical experts working to develop treatments,cures,and vaccines for COVID-19;and WHEREAS,Local public health officials are the frontline personnel implementing Washington state orders, proclamations,and directives; and WHEREAS,The heroic efforts and sacrifices of our local public health officials are deserving of acknowledgment and appreciation; NOW,THEREFORE,BE IT RESOLVED That Mason County Commission expresses great appreciation and heartfelt gratitude to our local public health officials for their selfless sacrifices and efforts to combat and respond to the unprecedented challenges facing our communities as a result of COVID-19; and Dated this 8th day of September 2020. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY,WASHINGTON McKenzie Smith,Clerk of the Board Sharon Trask,Chair APPROVED AS TO FORM: Randy Neatherlin,Commissioner Tim Whitehead Chief Deputy Prosecuting Attorney Kevin Shutty,Commissioner I NEWS RELEASE September 8, 2020 MASON COUNTY COMMISSIONERS 411 NORTH 5TH STREET SHELTON,WA 98584 (360) 427-9670 EXT. 747 TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL, THE OLYMPIAN, SHELTON CHAMBER OF COMMERCE,NORTH MASON CHAMBER OF COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT COUNCIL, THE SUN, MASON TRANSIT RE: Temporary Road Closure on Trails Road—Chin Seal Mason County Public Works is advising motorists of a scheduled temporary road closure on Trails Road, weather permitting. The closure will be from 9:00am to 4:00pm Thursday, September 10, 2020. from MP 0.0 to Milepost 0.5 The closure will allow County crews to perform chip seal maintenance activities, weather permitting. We appreciate your patience and understanding during this temporary closure. If you have any questions,please contact Public Works at(360) 427-9670, Belfair(360) 275-4467, or Elma(360) 482-5269, Ext. 450. BOARD OF MASON COUNTY COMMISSIONERS Sharon Trask Randy Neatherlin Kevin Shutty Chair Vice Chair Commissioner BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS Mason County Commission Chambers,411 North Sth Street,Shelton,WA August 25, 2020 1. Call to Order—The Chairperson called the regular meeting to order at 9:11 a.m. 2. Pledge of Allegiance— Ross McDowell led the flag salute. 3. Roll Call— Present: Commissioner District 1 - Randy Neatherlin; Commissioner District 3—Sharon Trask. Absent- Commissioner District 2— Kevin Shutty 4. Correspondence and Organizational Business 4.1 Correspondence 4.1.1 Washington State Liquor and Cannabis Board sent in the following: Liquor License Application for Spencer Lake Grocery and a Change of Location Application for Wilber Industries; a Marijuana and Liquor License that is due to expire and a Change of Cooperative Participants for the Mason County Senior Activities Center; and a Notification of Pending Marijuana Extraction Operation for PT Enterprises, LLC. 4.1.2 Received a letter from John &Karen Belford regarding the North Shore Road electronic speed sign. 4.1.3 Ken VanBuskirk sent in a letter to encourage the Commission to incorporate public comment via Zoom meeting. 4.1.4 Federal Regulatory Commission sent in a letter regarding Notification of Modification of Impoundment Elevation—Article 405. 4.1.5 A letter was received from Tracy Becht regarding vacancy on MTA Board. 4.1.6 Department of Ecology sent in a letter congratulating the Commissioners on receiving the Wastewater Treatment Plant Outstanding Performance Award for the Rustlewood Wastewater Treatment Plant. 4.1.7 Steven Payne sent in an application for the Parks &Trails Advisory Board. 4.2 Cmmr.Trask announced that Judge Finlay invited the Commissioners to participate in a Reunification Parade on August 27. 4.3 Ross McDowell read the news release regarding the temporary closures of MCRA Park for irrigation system replacement that begins August 25, 2020. 5. Open Forum for Citizen Input— 5.1 Emailed comments from Ken VanBuskirk requesting Items 8.16 and 8.19 be removed from the agenda and tabled until a future meeting. 6. Adoption of Agenda - Cmmr. Neatherli n/Trask moved and seconded to adopt the agenda with addition of Item 8.23 to set a public hearing on September 22 to consider an offer on property at 410 E Hillcrest Drive. Motion carried unanimously. N-aye; S-absent;T- aye. 7. Approval of Minutes—Cmmr. Neatherl in/Trask moved and seconded to approve the August 4, 2020 regular meeting minutes. Motion carried unanimously. N-aye; S-absent;T-aye. 8. Approval of Action Agenda: 8.1 Approval of the licensing agreement with Julota to complete LEAD grant requirements. 8.2 Approval for the Chair to sign the ERP Client Partnership Agreement with Tyler Technologies in order to use the County's financial system, Munis, to its fullest potential. 8.3 Approval to appoint Karen Wolf to the Lewis-Mason-Thurston Area Agency on Aging for a two- year term ending August 25, 2022. BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS August 25, 2020 - PAGE 2 8.4 Approval to appoint Kevin Frankeberger, member and Brenda Hirschi, alternate member to the Mason County Board of Equalization (BOE) for a term of September 1, 2020 through May 31, 2023. 8.5 Approval for the Division of Emergency Management(DEM) Manager to sign the FY20 Emergency Management Performance Grant (EMPG) —Supplemental contract E20-250. 8.6 Approval of the January 2019—December 2021 Collective Bargaining Agreement (CBA) for Teamsters Union Local No. 252 representing Mason County General Services staff. 8.7 Approval to set a hearing on October 6th, 2020 at 9:15 a.m. to consider approving the franchise agreement application between Mason County and Blue Heron Condominium Association Franchise granting permission to have their existing utility line under and along Orre Nobles Road and under and across Dalby Road. 8.8 Approval of the Community Development Block Grant(CDBG) in the amount of$102,225 for public services through Community Action Council of Lewis, Mason, and Thurston Counties to low- and moderate-income persons in Lewis and Mason Counties that will serve up to 7,700 people and allow Frank Pinter, Support Services Director, to sign the grant agreement on behalf of Mason County. 8.9 Approval of Warrants Claims Clearing Fund Warrant #8073879-8074193 $ 1,629,516.44 Direct Deposit Fund Warrant #70329-70724 $ 750,132.43 Salary Clearing Fund Warrant#7005337-7005372 $ 1,025,181.58 8.10 Approval to enter into contract with the Department of Commerce for the Eviction Rent Assistance Program, grant #21-4614C-117, and to subcontract funds to Crossroads Housing, Shelton Family Center, and North Mason Resources. 8.11 Approval of adding one Full Time Employee (FTE) to the Planning Department to hire as a Planner I, II, or III and assign Lead Building Inspector. 8.12 Approval of replacing the Permit Assistance Center Manager and Planning Manager for a Deputy Director of the Department of Community Development. 8.13 Approval to set a hearing on Tuesday, September 22"d, 2020 at 9:15 a.m. to consider the sale of parcel 32021-56-02030 located at 580 E Wood Ln, Shelton, WA 98584. Offer has been received by Janness &Charles Morgan in the amount of$5,500. 8.14 Approval to authorize Mason County Motorpool to declare certain vehicles and equipment parts as surplus and allow Motorpool to dispose pursuant to Mason County code and state laws. 8.15 Approval to set a public hearing on October 6th, 2020 at 9:15 a.m. to allow public comment on the recommended code changes to Chapter 10.34, Unmuffled Compression Brakes. 8.16 Approval to set a public hearing on October 6th, 2020 at 9:15 a.m. to allow public comment on the recommended code changes to Chapter 12.20, Vacation of Roads. 8.17 Approval to authorize the Deputy Director of Public Works/Utilities and Waste Management to proceed with a Request for Proposals for solid waste and recycle material hauling. 8.18 Approval to authorize the Deputy Director of Public Works/Utilities and Waste Management to execute an extension of the contract with Mason County Garbage an additional six months. 8.19 Approval to approve and execute the resolution setting a hearing date with the Hearings Examiner for Wednesday, October 14th, 2020 at 1:00 p.m. to consider public comment on the petition for vacation of a portion of Roy Boad Road right of way that lays within the property lines of Assessor Parcel No. 12328-23-00011. Resolution No. 2020-61 (Exhibit A) 8.20 Approval of a new resolution replacing 2020-59 and setting a new hearing date with the Hearings Examiner on Wednesday, October 14th, 2020 at 1:00 p.m. to consider public comment on the petition to vacate a portion of the north half of Fir Street adjacent to Block 8 Lots 21 through 28 in the Plat of Grays Harbor and Union City Railroad Addition to Union City, Road Vacation No. 406. Resolution No. 2020-62 (Exhibit B) 8.21 Approval to award the Request for Proposals (RFP) for contracted services to conduct outreach and education and provide participant technical assistance for the grant funded"Building BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS August 25, 2020 - PAGE 3 Connections-Strengthening Businesses in Mason County"project to Economic Development Council, $10,000 and North Mason Chamber of Commerce, $10,000 and sign the agreements. 8.22 Approval to sign the sub-recipient agreement with Community Action Council of Lewis, Mason, and Thurston counties for service provision under a Public Services Washington State Community Development Block Grant(CDBG). 8.23 Approval to set a hearing on Tuesday, September 22, 2020 at 9:15 a.m. to consider the sale of parcel 32021-59-03008, 410 E Hillcrest Drive, Shelton for $7,500. Cmmr. Neatherlin/Trask moved and seconded to approve the Action Agenda except Items 8.12,8.16 and 8.19 which are removed for a separate discussion. Motion carried unanimously. N-aye; S-absent;T-aye. Item 8.12 was removed and no action taken. Item 8.19— Mike Collins, County Engineer, stated staff would like to move the item forward to set the hearing. There is no action at this time except to set the hearing. Cmmr. Trask read Ken VanBuskirk's comments into the record requesting that Items 8.16 and 8.19 be tabled. Item 8.16—Mr. Collins explained this public hearing is to consider changes to the policy for compensation on road vacation requests. This will not impact Item 8.19, existing requests will be processed under the current policy. Cmmr. Neatherlin stated he has asked staff to research compensation options for property obtained in the road vacation process and he is in support of setting the hearing so it can be discussed. Cmmr. Trask supports setting the hearing. Cmmr. Neatherlin/Trask moved and seconded to approve Item 8.16 setting a public hearing on October 6, 2020 at 9:15 a.m. to allow public comment on the recommended code changes to Chapter 12.20,Vacation of Roads. Motion carried unanimously. N-aye; S-absent; T-aye. Cmmr. Neatherlin/Trask moved and seconded to approve Item 8.19 the resolution setting a hearing date with Hearings Examiner for Wednesday October 14t', 2020 at 1:00 p.m. to consider public comment on the petition for vacation of a portion of Roy Boad Road right of way that lays within the property lines of Assessor Parcel No. 12328-23-0001. Motion carried unanimously N-aye; S-absent;T-aye Cmmr. Neatherlin noted this sets the public hearing to be heard by the Hearings Examiner and if it is recommended for approval, it will come back before the Board. 9. Other Business (Department Heads and Elected Officials) - none 10. 9:15 a.m. Public Hearings and Items set for a certain time— 10.1 Public hearing for 410 E Hillcrest Drive surplus property. Frank Pinter asked this hearing be closed with no action because the offer has been withdrawn. Cmmr. Neatherlin/Trask moved and seconded to close the public hearing on 410 E Hillcrest Drive with no action. Motion carried unanimously. N-aye; S-absent;T-aye. BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS August 25, 2020- PAGE 4 10.2 Public hearing to apply to the Department of Commerce via the Zoom Grant application process for the CARES Act CDBG CV-1 Coronavirus grant and request chair signature on subrecipient agreement. Frank Pinter presented the request to apply for the CARES Act CDBG CV-1 Coronavirus grant that is due September 3. Cmmr. Neatherl in/Trask moved and seconded to authorize Frank Pinter,Support Services Director,to apply to the Department of Commerce via the Zoom Grant application process for the CARES Act CDBG CV-1 Coronavirus grant and request the Chair signature on the subrecipient agreement. Motion carried unanimously N-aye; S-absent;T-aye. 11. Board's Reports and Calendar-The Commissioners reported on meetings attended the past week and announced their upcoming weekly meetings. 12. Adjournment—The meeting adjourned at 9:45 a.m. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON McKenzie Smith, Clerk of the Board Sharon Trask, Chair Kevin Shutty, Commissioner Randy Neatherlin, Commissioner MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Ross McDowell Action Agenda X Public Hearing Other DEPARTMENT: Emergency Management EXT: 806 COMMISSION MEETING DATE: Sept. 08, 2020 Agenda Item # S i Commissioner staff to complete) BRIEFING DATE: 08/31/2020 BRIEFING PRESENTED BY: Ross McDowell [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Extend Disaster Declaration for COVID-19 Response & Recovery Resolution 2020-32 and 2020-54 until the State of Washington Disaster Declaration expires. BACKGROUND: The Board of County Commissioners of Mason County declare Mason County remains in a disaster due to the COVID-19 (Coronavirus) epidemic. The emergency authority granted under resolution 2020-54 shall expire September 21, 2020. Mason County Emergency Management requests to the Board to extend the disaster declaration until the State of Washington Disaster Declaration expires. Also, Mason County Emergency Management request that Section 4 of the disaster declaration remained removed and considered void. "SECTION 4. Such authorization shall include unannounced entry and access onto and about private property, where such entry and access shall not violate those constitutional privacy and property rights under an emergency declaration" BUDGET IMPACTS: Mason County has received grant contracts for reimbursements from both FEMA and from the CARES Act which will be applied to costs of this pandemic/disaster. RECOMMENDED ACTION: Mason County Emergency Management and the Area Command for the COVID-19 Response and Recovery request that the Board of County Commissioners extend the Disaster Declaration until the State of Washington Disaster Declaration expires. ATTACH M ENT(S): Resolution extending the Local Declaration of Mason County as a Disaster Area until the State of Washington Disaster Declaration expires. J:\Disaster\2020\COVID-19 03-02-2020(4481-DR-WA-FEMA)\Proclamations-Declarations\Mason County Proclamation-Declaration\Commission Agenda Item Summary-Extend Disaster Declaration 09- 15-2020.doc BEFORE THE BOARD OF COUNTY COMMISSIONER OF MASON COUNTY, WASHINGTON RE: EXTEND DECLARATION ) OF MASON COUNTY ) AS A DISASTER AREA ) 2020-32 AND 2020-54 ) RESOLUTION# WHEREAS,for the last 233 days (starting January 27, 2020)there has been COVID-19 pandemic culminating on April 7,2020, in a disaster by creating multiple confirmed positive cases in parts of Mason County; and, WHEREAS,this COVID-19 pandemic has caused local resources to be exhausted or about to be exhausted, said resources are still depleted; and, WHEREAS,there is a present emergency which necessitates activation of the Mason County Comprehensive Emergency Management Plan(CEMP), Public Health Emergency Activation Functional Plan, and utilization of emergency powers granted pursuant to RCS 36.40.180 and RCW 3 8.52.070(2); and, WHEREAS,a viral pandemic (Coronavirus)has and still is occurring to all residents and staff of Mason County resulting in the need for assistance to impacted citizens to quarantine and/or medically isolate with a focus of providing assistance for medical surges resulting in the need for emergency sheltering, funding, staffing and relaxed time frames throughout the county; and, WHEREAS, this disaster has caused and will cause an undetermined amount of financial, emotional and long-lasting impacts to citizens, businesses and public entities in Mason County, and, WHEREAS, severity and magnitude of this disaster/pandemic is beyond the capability of local resources; NOW,THEREFORE BE IT RESOLVED SECTION 1. It is hereby declared by the Board of Mason County Commissioners that, in accordance with the terms and conditions of RCW 36.40.180, the emergency remains due to the above stated conditions in Mason County; therefore,the Board declare that Mason County remain a disaster area and extend the disaster declaration until the State of Washington Disaster Declaration expires. SECTION 2. It hereby also removes Section 4 from the Disaster Declaration 2020-32; "Such authorization shall include unannounced entry and access onto and about private property, where such entry and access shall not violate those constitutional privacy and property rights under an emergency declaration. " 1 ❑ REGULAR SIGNED IN ❑ SPECIAL SESSION THIS DAY OF ❑ EMERGENCY APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS Michael Dorcy, Prosecuting Attorney MASON COUNTY WASHINGTON Chief Civil Deputy Prosecutor Sharon Trask, Chair Tim Whitehead ATTEST: Randy Neatherlin, Commissioner McKenzie Smith Kevin Shutty, Commissioner Clerk of the Board 2 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Lisa Frazier Action Agenda x Public Hearing Other DEPARTMENT: Treasurer EXT: 484 DATE: 9/8/2020 Agenda Item #g,2 Commissioner staff to complete) BRIEFING DATE: 8/24/2020 BRIEFING PRESENTED BY: Lisa Frazier [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Amending Resolution #81-19—Amending Change Drawers and Petty Cash for Community Development Background: Community Development has requested to lower the amount of their approved petty cash drawer from $150 to $50 and create a 4th change drawer in the amount of$100. Request has been reviewed and approved by the County Treasurer. There is no change in the overall amount. Budget t Impacts: None RECOMMENDED ACTION: Approval of the Resolution Attachment(s): Resolution RESOLUTION NO. AMENDING RESOLUTION#81-19 TO AMEND CHANGE/PETTY CASH FUNDS FOR THE MASON COUNTY DIVISION OF COMMUNITY DEVELOPMENT(#001-000000.125.000), WHEREAS, Resolution#81-19 updated amounts for the change funds/petty cash for the Mason County Department of Community Development,the Enviromental Health Department and the Public Health Department, known as the Department of Community Services collectively. WHEREAS, it has been determined that the Division of Community Development needs to allocate a portion of their petty cash drawer funds to a fourth (4'h)change drawer. Petty Cashier Drawer Current Amount$150 Requested Amount$ 50 Change Drawer(1) Current Amount$100 Requested Amount$100 Change Drawer(2) Current Amount$100 Requested Amount$100 Change Drawer(3) Current Amount$100 Requested Amount$100 Change Drawer(4) . Current Amount$ 00 Requested Amount$100 Current Total $450 Requested Total $450 WHEREAS,it has been reviewed and approved by the Mason County Treasurer that there should be a total of one(1)$50 (Fifty Dollar)petty cash drawer and four(4)$100(One Hundred Dollar)change drawers for a total of $450 (Four Hundred and Fifty Dollars) in the Division of Community Development. WHEREAS,there are no proposed changes to the change funds/petty cash at this time for Environmental Health or the Public Health Divisions of Mason County Community Services. NOW THEREFORE,The Board of Mason County Commissioners, does hereby approve the Mason County Treasurer's recommendation that there be a$450 (Four Hundred Fifty Dollars) in petty cash and change drawers for the Division of Community Development as outlined above. SIGNED this_day of 2020. BOARD OF COUNTY COMMISSIONERS Sharon Trask, Chair APPROVED BY: Randy Neatherlin, Commissioner Lisa Frazier, Mason County Treasurer Kevin Shutty, Commissioner ATTEST: Clerk of the Board PROVED PTO FORM: Tim White e ie evil Deput�Prosec�utor MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Sheryl Hilt Action Agenda _X Public Hearing Other DEPARTMENT: Sheriff's Office EXT: 636 COMMISSION MEETING DATE: September 8, 2020 Agenda Item # 8.3 Commissioner staff to complete) BRIEFING DATE: August 24, 2020 BRIEFING PRESENTED BY: Sheryl Hilt and Kevin Hanson [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Approval to enter into a Sole Source Agreement for the purchase of a body scanner from Adani Security Systems. BACKGROUND: The research into a body scanner for the Mason County Jail concluded that there was only one type of scanner that would fulfill the needs of the jail in the current health crisis. This is the same scanner purchased by ... County for the same purpose. This scanner will allow jail staff to screen for contraband without the need to come into physical contact with inmates who may have health issues. Sole Source policy 2.21.030 indicates the ability of the Sheriffs Office to request a sole source purchase for items that have a, "Unique design: Requires unique features that are essential, aesthetic requirements, or not practical to match to existing design or equipment." RECOMMENDED ACTION: Approve resolution for sole source purchase and approve budget supplemental to cover the cost. BUDGET IMPACTS: Cost of the scanner and one-year maintenance is $177,250. Request this money come from CARES Act funding. ATTACHMENT(S): Adani quote Draft Resolution C:\Users\dlz.MASON\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\XJ48NAGT\Body Scanner Action.doc RESOLUTION NO. A RESOLUTION authorizing the Mason County Sheriff's Office to enter into a Sole Source Purchase Agreement for a body scanner for the Mason County Jail. WHEREAS, there are health concerns for the staff of the Mason County Jail as regards to inmate searches; WHEREAS, research indicates only one body scanner will provide all the necessary functions for no-contact inmate searches; WHEREAS, Mason County Code Chapter 2.21.030 allows sole source purchases with approval of the Mason County Commissioners; NOW, THEREFORE BE IT RESOLVED by the Board of Mason County Commissioners to authorize the Mason County Sheriffs Office to.purchase a.body scanner.from Adani Security Systems as a Sole Source. Adopted this 8th of September, 2020. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Sharon Trask, Chair McKenzie Smith, Clerk of the Board APPROVED AS TO FORM: Randy Neatherlin, Commissioner Tim Whitehead, Chief DPA Kevin Shutty, Commissioner J:\RESOLUTIONS&ORDINANCES\RESOLUTIONS-ORDINANCES Word Files\2020\Soul Source- Body Scanner Resolution.dooc MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Dave Windom / Todd Parker Action Agenda x Public Hearing Other DEPARTMENT: Community Services EXT: 260 DATE: September 8, 2020 Agenda Item # 8 A Commissioner staff to complete) BRIEFING DATE: 8/24/20 BRIEFING PRESENTED BY: Todd Parker [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM Amendment to the Dept. of Commerce Contract Covid Outbreak Emergency Housing Grant Background: The grant purpose is to provide funding for emergency housing necessary to respond to the Covid-19 outbreak related to public health needs of people experiencing homelessness or otherwise in need of quarantine or isolation housing due to the Covid-19 outbreak. The Dept. of Commerce is extending the end date of the grant from September 30, 2020 to December 31, 2020. The purpose of the extension is to maintain isolation and quarantine housing relative to cases identified by WA State Dept. of Health, maintain additional shelter capacity to replace shelter capacity lost when social distancing was increased, and maintain sanitation in existing homeless housing. Budget Impacts: None RECOMMENDED ACTION: Approval of Amendment A to the WA Covid Outbreak Emergency Housing Grant, contract number 316-46108-20 Attachment(s): Contract Amendment and Scope of Work Amendment Contract Number:316-46108-20 Amendment Number:A. Washington State Department of Commerce I Community Services and Housing Division Housing.Assistance Unit COVID=19 Outbreak Emergency Housing.Graut 1.Grantee 2.Contractor Doing Business As(optional) Mason County Health Services 415N6THST SHELTON WA 9.8584 3. Grantee Representative 4.COMMERCE Representative Casey Bingham Kathryn Dodge PO Box 42525 Fiscal Manager Grant Manager 1011 Plum St SE 360-427-9670 eat 562 (360)764-9682 Olympia,WA 98504-2525 caseyb@co.mason.wa.us katluyn.dodge@commerce.Nva.gov commerce.Nva.gov 5.Original Contract Amount 6.Ainendmont Amount 7.We`v'Contraet Amount. (and any previous amendments). $505,405.00 $0 $505,405..00 8.Amendment Funding Source 9.Amendment Start'Date 10.Amendment End Date Federal: State:X Other: N/A: October 1,2620 December 31,2620 11.Federal Funds(as applicable): Federal Agency; CFDA Number: 12.Amendment Purpose: Extend grant end.date and revise scope of work. COMMERCE,defined as the Department of Commerce,and the Contractor,as.defined above,acknowledge-and accept the terms of this Contract As Amended and attachments and have executed this Contract.Ahiendment on the date below to'start as ofthe date ' I and year.referenced above. The.rlghts and obligations of both parties to this ContractAs Amended are governed by this Contract Amendment and the following.other documents incorporated by reference: Contractor Terns and Conditions including Attachment "A"—Scope of Work. A copy of this Contract Amendment shall be attached to,and made apart of the original Contract between COMMERCE and the Contractor.Any-reference in the,-original Contract to the"Contract"shall mean the"Contract as Amended". FOR CONTRACTOR FOR COMMERCE Contractor.Name,Title Diane Klontz,Assistant.Director Community Services and Housing Division i Date Date APPROVED AS TO FORM ONLY j Sandra Adix Assistant Attorney.General 3/20/2014 Date. Department of Commerce i � Amendment I This Contract is amended as follows: ! Attachment A i Scope of Work Funding is provided to Mason County to respond to the COVID-19 outbreak related to public health needs of people experiencing homelessness or otherwise:in need of'quarantine.or isolation housing due to the COVID-19 outbreak. I Activities fimded under this.Grant.will be performed in accordance with the.Washington State i COVID-19 Outbreak Emergency.Housing Grant Guidelines,version 3. The Grantee's Plan as may be amended film time to time,attached hereto and incorporated herein as Attachments C and D. Commerce must approve Plan amendments. ALL OTHER TERMS AND CONDITIONS OF THIS CONTRACT REMAIN IN FULL FORCE. AND EFFECT,. i i 2 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Alex Paysse, Environmental Health Action Agenda _X Public Hearing Other DEPARTMENT: Community Services EXT: _279_ DATE: September 8th, 2020 Agenda Item # S Commissioner staff to complete) BRIEFING DATE: June 15th and Aug. 24th, 2020 BRIEFING PRESENTED BY: Alex Paysse [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Contract Amendment for South Sound Recovery with Pierce County BACKGROUND: Mason County has partnered with Pierce Co and other agencies within the south sound to perform pollution identification and correction work in North Bay and other south sound shellfish protection districts. Proposed amendment will extend the end date of the existing contract to December 31st, 2020. An additional amendment is expected soon to address scope of work changes per the details previously briefed on June 15tn RECOMMENDED ACTION: Move to Approve the first amendment between Pierce County and Mason County for signatures. BUDGET IMPACTS: None. Included in current and future budget(s). ATTACHMENT(S): SC— 106521 Mason County HD Amend #1 8/24/2020 FIRST AMENDMENT TO SUBRECIPIENT AGREEMENT NO. SC-106621 FOR SOUTH SOUND SHELLFISH RECOVERY NEAR TERM ACTION IMPLEMENTATION THIS FIRST AMENDMENT to Subrecipient Agreement SC-106521 is made and entered into by and between PIERCE COUNTY a political subdivision of the State of Washington, herein referred to as"COUNTY" and MASON COUNTY HEALTH DEPARTMENT, herein referred to as "SUBRECIPIENT". WHEREAS, the parties hereto have previously entered into Subrecipient Agreement No. SC-105503 dated April 12, 2019 (the "Agreement") to provide South Sound Shellfish Recovery Near Term Action Implementation services; and WHEREAS, the first pass through entity has issued a contract amendment to extend the period of performance through December 31, 2020; and WHEREAS, the parties desire to execute the first amendment to the Agreement to extend the period of performance through December 31, 2020 and modify Exhibit A, Scope of Work for all Phased Deliverables and Periods of Performance. NOW,THEREFORE, in consideration of the mutual benefits and advantages to be derived by each of the parties, IT IS HEREBY AGREED as follows: 1. Section 1 of the Subrecipient Agreement is amended to read as follows: GENERAL INFORMATION Subrecipient Name: Mason County Health Department DUNS Number: 069580751 Subrecipient Unique Identifier: 91-6001354 Federal Award Identification Number(FAIN): PC01J18001-0 Pass-through Entity Subaward Number: SC-106521 Federal Award Date: 8/2/2016 Subaward Period of Performance: January 1, 2019 through juRe 30 202-0 December 31, 2020 Amount of Federal Funds Obligated in original agreement $206,350.00 Total Amount of Federal Funds Obligated to the Subrecipient: $206,350.00 Total Amount of Federal Funds Committed to the Subrecipient: $206,350.00 Federal Award Project Description: NTA#0011 Name of Federal Awarding Agency: United States Environmental Protection Agency Name of First Pass Through Entity: Washington State Department of Health, AWD 100293 Name of Second Pass Through Entity: Pierce County Contact Information for Pierce County: Tina Basil, Contract and Monitoring Manager, 253-798-2426, tina.basil(a_piercecountywa.gov CFDA Number: 66.123 CFDA Program Title: Puget Sound Action Agenda: Technical Investigations and Implementation Assistance Proaram Research and Development?: No Indirect Cost Rate: 14.53% First Amendment Subrecipient Agreement No.SC-106521 Mason County Health Department 2. Section 2 of the Subrecipient Agreement is amended to read as follows: PERIOD OF PERFORMANCE The period of performance for this Agreement begins on January 1, 2019 and ends dune 3^2 December 31, 2020. The County reserves the right to extend this Agreement for additional periods. The decision to extend this Agreement is subject to the availability of funding, the continued priority of need for a specific service, and satisfactory performance by the Subrecipient during the period specified in this Agreement. Notification of intent to contract for additional periods with the Subrecipient will occur prior to the expiration of this Agreement. 3. The Subrecipient Agreement shall be amended to modify Exhibit A, Scope of Work for all Phased Deliverables and Periods of Performance as shown in Attachment 1 to this Amendment. 4. ALL OTHER TERMS AND CONDITIONS OF THE ORIGINAL AGREEMENT, AND ALL SUPPLEMENTS, MODIFICATIONS AND AMENDMENTS THERETO SHALL REMAIN IN FULL FORCE AND EFFECT. First Amendment Subrecipient Agreement No.SC-106521 Mason County Health Department Attachment 1 Exhibit A Scope of Work This Agreement is between the County and the Subrecipient for the project identified as South Sound Shellfish Recovery Near Term Action Implementation which is a federally funded project through the Puget Sound Action Agenda: Technical Investigations and Implementation Assistance Program PC01J18001-0, dated August 2, 2016, from the U.S. Environmental Protection Agency(EPA), CFDA number 66.123. The award is non-Research and Development. This is a partial pass-through of award#GVL22510 from Washington State Department of Health. Task and subtask numbers in this Scope refer to specific deliverables within the County's agreement with the Washington State Department of Health and may not be sequential. The funds are to be used to support efforts that will improve water quality by implementing Shellfish Protection District(SPD) Closure Response Plans (CRP)for the Oakland Bay and North Bay drainage areas. Work in the South Sound outside of SPDs may be allowed with pre- authorization from DOH. Period of Performance: January 1, 2019 through june 30 2020 December 31, 2020 1. Task 0: Prepare Quality Assurance Project Plan (QAPP) Objective: The Subrecipient will prepare a QAPP for investigative water quality sampling in Oakland Bay and North Bay SPDs. Subtask 0.2.3 Prepare and submit a QAPP to the Washington State Department of Ecology using EPA's NEP guidance for QAPPs. Work with Ecology's Quality Assurance Officer to develop the QAPP and gain approval. Work related to collecting the environmental data may not begin until the QAPP is completed and approved. The QAPP will include procedures for recognizing and responding to samples that result in high bacteria counts. Deliverables: Deliverable Due Date Approved QAPP March 1, 2019 2. Task 1: Project Management& Reporting Objective: The Subrecipient will perform project related administrative tasks and reporting. Subtask 1.0 Prepare and execute agreements with project partners as needed to complete deliverables. It is currently expected that the Subrecipient will enter into an agreement with Squaxin Island Tribe to complete elements of this Scope of Work. The Subrecipient may also subcontract for work performed under Task 5 such as the sewer line camera inspection. Subtask 1.2.1 Project reporting, both progress and final, will occur quarterly using templates provided by Pierce County. Reports should include activities related to this project which have been completed by Mason County or their subrecipients within the previous six months. The completion of deliverables listed under all tasks in this Scope of Work should be included in all reporting First Amendment Subrecipient Agreement No.SC-106521 Mason County Health Department documents. Where possible, photo documentation should be submitted along with reports and deliverables. Subtask 1.2.2 Pierce County will provide a template based on the Financial and Ecosystem Accounting Tracking System (FEATS) report consistent with federal grant requirements The FEATS based template must be used for progress supports submitted in March and September but may also be used for January and July reports if the subrecipient chooses. The final FEATS reporting form and/or written report(template to be provided by Pierce County) describing all actions and deliverables completed during the entire project period of performance will serve as the final report. The final report will describe the methods, results, lessons learned, and recommendations for future work. It will also evaluate the success of achieving the performance measures. Subtask 1.2.4 Submit data collected through this project and in compliance with its approved QAPP (see Task 0) to EPA's electronic data system for water quality monitoring data, often referred to as STORET. Data should be submitted annually and at the end of the project period. To assist in tracking in STORET, use the project name: NEP 2016_SouthSoundShel[fish. The STORET ID must be included on the quarterly progress reports. Deliverables: Deliverable Due Date Complete Partner Agreements March 2019 Semi-Annual Progress Report Submitted to January 10, July 10 Count Semi-Annual FEATS Report Submitted to March 25, September 25 Count Final Report jURe 15, 202-0 December 15 2020 STORET Data Submitted December 31, 2019 dt1^^ 1�4-December 15 2020 3. Task 2: Pollution Correction Facilitation and Enforcement Objective: Identify, prioritize, and correct sources of bacterial pollution in the Oakland Bay and North Bay SPDs. Subtask 2.2.3 Implement a strategy for systematically identifying potential pollution sources. Methods may include windshield surveys, reviewing septic records, site investigations, and water quality sampling. Water quality sampling will be relied upon to identify and confirm pollution sources and will be conducted in compliance with a QAPP approved by Ecology as stated in Task 0. Activities under this task will include the following: a) Collect 350 fecal coliform water samples in Mason County b) Report the number of sites requiring resampling Subtask 2.2.7 Once surveys are completed, research performed, and data collected. The Subrecipient will identify approximately 5 hot spots for follow up. The Subrecipient will develop and share criteria used to define hot spots. First Amendment Subrecipient Agreement No.SC-106521 Mason County Health Department Subtask 2.2.11 Using information collected during the water quality sampling, site investigation, and/or hot spot identification tasks associated with this project, the Subrecipient will follow up on potential on-site system failures, where appropriate, by completing dye tests of suspect systems. All activities associated with the dye testing process, such as making owner contacts, writing letters, and reviewing records will apply to this subtask. The Subrecipient will aim to complete 11 dye tests. Subtask 2.2.14 Once a failing septic system is identified, the Subrecipient will seek to eliminate or mitigate the source. A variety of methods including compliance, technical assistance, and education may all be used to secure improvements. Funding for this task does not include direct financing of repairs but may refer property owners to other potential funding sources. The Subrecipient will aim to correct 6 failing septic systems. Subtask 2.4.3 The Subrecipient will report on issues identified and corrected as a result of this project. Reports will include the number, location, and actions taken to correct pollution from failing septic systems, stormwater, and poor animal keeping practices. Deliverables- Deliverable Due Date Collect 350 water samples 175 samples by September 1, 2019 175 additional samples by jui;e 1, 2020 December 15 2020 Identify 5 hotspots MaFGh 3,, 2019-October 31 2020 Complete 11 dye tests june;z'020--December 1 2020 Correct approximately 6 failing systems 14no 39 2020 December 30 2020 Report number& location of sites referred, and june 15, 2020 December 16, 2020 actions taken to address pollution from animals and failing OSS 4. Task 4: Education &Outreach Objective: Correct and prevent pollution from bacterial sources by educating local residents about water quality in Oakland and North Bays. Subtask 4.2.1 Assist in the preparation and editing of one Water Quality Report to be published in a locally distributed newspaper. (Pierce County will manage the report preparation and printing contracting processes.) Provide water quality sampling results for inclusion in the Report. Deliverables. Deliverable Due Date Mason County Water Quality Report ju e 1, 2020-December 1 2020 5. Task 5: Implementation of North Bay Closure Response Plan Objective: Coordinate implementation of the recently adopted North Bay Closure Response Plan. Subtask 5.1 Inventory location and risk level of on-site sewage systems in the North Bay Shellfish Protection District, notify residents of overdue operation and maintenance of their systems, and follow up on First Amendment Subrecipient Agreement No.SC-106521 Mason County Health Department unsatisfactory O&M reports (Objective 3 of the North Bay Shellfish Protection District Plan). Mason County Public Health will provide a memo summarizing the results of the inventory and notification process. Subtask 5.2 Evaluate dock/boating usage and risk mitigation (Objective 5 of the North Bay Shellfish Protection District Plan). The subrecipient will provide a memo summarizing the results of inventory and proposed mitigation measures. Subtask 5.3.1 The subrecipient will offer at least one(1) septic system homeowner workshop sharing information about septic system maintenance and other water quality improvement activities and resources. The subrecipient will provide copies of a sign-in sheet for attendees. Subtask 5.3.2 Develop and distribute pet waste educational materials (Objective 6 of the North Bay Shellfish Protection Plan). The Subrecipient will provide copies of sign in sheets from the workshop and copies of any pet waste educational materials utilized. Draft education materials will be submitted to DOH for review at least one week prior to use. Subtask 5.4.1 The subrecipient will camera inspect approximately 2,300 lineal feet of gravity sewage system lines for leaks, cross connections, and unconnected structures. The subrecipient will provide a memo summarizing the results of the inspection. Subtask 5.4.2 The subrecipient will develop a strategy for responding to problems identified through the camera inspection process. The subrecipient will submit a memo prioritizing repairs and describing how repairs will be addressed. Subtask 5.4.3 At the end of the project period, the subrecipient will provide a memo summarizing the results of the inspection and correction efforts. (Objective 5 of the North Bay Shellfish Protection District Plan). Deliverables. Deliverable Due Date Onsite septic s stem inventory memo March 31, 2019 Boat usage inventory memo October 31, 2019 Homeowner workshop sign-in sheets December 31, 2019 Copies of pet waste educational materials December 31, 2019 Memo summarizing camera inspection and 1 jURe i r�vivz0-December 15, 2020 problem correction effort First Amendment Subrecipient Agreement No.SC-106521 Mason County Health Department PIERCE COUNTY AGREEMENT SIGNATURE PAGE Agreement#SC-106521 IN WITNESS WHEREOF,the parties have executed this Agreement on the days indicated below: S U B R E C I P I E N T PIERCECOUNTY Approved as to legal form only: Mason County Health Department Full Firm Name By . Deputy Prosecuting Attorney Date Chief Deputy Prosecuting Attorney Date Tim Whitehead Approved: Chair, Board of County Commissioners Sharon Trask Date gy Finance Date Director, Mason County Public Health Date David Windom By Mailing Address: Department Director Date 415 N. 6th St Shelton, WA 98584 Phone: (360) 427-9670, ext. 279 Contact Person: Alex Paysse, EH Manager Email: alexp co.mason.wa.us UBI No.: 342-07-752 First Amendment Subrecipient Agreement No.SC-106521 Mason County Healtb Department PIERCE COUNTY AGREEMENT SIGNATURE PAGE Agreement#SC-106521 IN WITNESS WHEREOF,the parties have executed this Agreement on the days indicated below: S U B R E C I P I E N T PIERCECOUNTY Approved as to legal form only: Mason County Health Department Full Firm Name l/VzcJ Deputy Prosecuting Attorney Date epu y rosecuting Attorney Date Tim Whitehead Approved: Chair, Board of County Commissioners Sharon Trask Date By Finance Date Director, Mason County Public Health Date David Windom By Mailing Address: Department Director Date 415 N. 6th St Shelton, WA 98584 Phone: (360)427-9670, ext. 279 Contact Person: Alex Paysse, EH Manager Email: alexp(cD-co.mason.wa.us UBI No.: 342-07-752 First Amendment Subrecipient Agreement No.SC-106521 Mason County Health Department MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Mike Collins, PE, PLS, County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: September 8, 2020 Agenda Item #g BRIEFING DATE: August 24, 2020 BRIEFING PRESENTED BY: Loretta Swanson / Mike Collins [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Special Market Value Procurement of used 2001 Vactor Truck BACKGROUND: Public Works is looking to purchase a used 2001 Vactor 2100 Hydro Excavator Combo truck that will replace the existing 1994 Vactor Truck (truck #402) that requires continual high-cost maintenance work. The vactor truck allows crews to perform pipe and catch basin cleaning. The cost estimate of a new vactor is approximately $450,000. Purchasing the used vactor will save the county over $385,000 (used total cost $65,000), which includes 3-5 of the suction tubes and clamps (including the crowned tip). The truck has 85,452 miles and 929 hours of use, and it fits the specific needs of the county. RECOMMENDED ACTION: Recommend the Board of County Commissioners authorize Public Works to procure the used 2001 Vactor 2100 from One 7, Inc. as a special market condition purchase, in the amount of $65,000. Attachments: 1. Resolution 2. Sole Source Justification form 3. One.7, Inc. sale information RESOLUTION NO. A RESOLUTION WAIVING PUBLIC BIDDING REQUIREMENTS AND APPROVING A SPECIAL MARKET CONDITION PROCURMENT OF 2001 VACTOR 2100 USED HYDRO EXCAVATOR COMBO TRUCK FROM ONE.7, INC. WHEREAS, RCW 39.04.280 (1) (b), allows for exceptions from standard bidding procedures based on special market conditions and sole source findings for qualifying purchases; and WHEREAS, the Board of County Commissioners approved the purchase of a vactor truck in the 2020 budget; and WHEREAS, the County Purchasing Policy requires a resolution to waive bidding requirements over $25,000. WHEREAS, the used equipment has been identified that fits the specific needs of the County at a very favorable price and may be sold before the County could complete a formal bidding process; NOW, THEREFORE, BE IT RESOLVED by the Board of Mason County Commissioners as follows: Section 1. RCW 39.04.280 authorizes the Board to waive standard competitive bidding requirements for the purchase of equipment where "special market conditions" exist for procurement of the equipment. To the extent any bidding requirements apply to the purchase of the equipment, in light of findings of fact set forth herein, the Board finds that special market conditions under RCW 39.04.280(b) exist and that all bidding requirements (if any) are hereby waived for the purchase of the specified vibratory soil compactor. Section 2. Special market conditions include: a) The 2001 Vactor 2100 Truck is being offered at a very favorable price to Mason County. b) The Vactor Truck may be sold by the provider before the County could complete a formal bid process. c) The equipment is needed for a specific purpose and is suitable to the unique needs of the Public Works Department. No other equipment has been found at the price that meets the needs and budget at this time. Section 3. The purchase of(1) 2001 used Vactor 2100 Truck in the amount of$65,000 from One.7, Inc., is hereby approved. ADOPTED this day of , 2020 BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY,WASHINGTON McKenzie Smith, Clerk of the Board Sharon Trask, Chair APPROVED AS TO FORM: Randy Neatherlin,Vice Chair Tim Whitehead, Ch. DPA Kevin Shutty, Commissioner STATF0 MO 9 MASON COUNTY o s U SOLE SOURCE JUSTIFICATION FORM y p T 2 �2 NY `y °o86a �° Date: August 24, 2020 Department: Public Works Department Contact: Mike Collins, Ext.452 Recommended Vendor: One.7, Inc. Address: 27034 SE Kent Kangley Rd, Ravendale,WA 98051 Phone:425.413.1211 Cost Estimate: $65,000 Describe the item requested and its function: Used 2001 Vactor 2100 Truck 1. Check the reasons for the sole source request: ❑ Sole Source: No other items are known to exist which performs the same function ❑ Special Design: Item is of specific design to fit in with an existing installation ❑ Consultant: Providing professional or technical expertise of a unique nature or location availability ❑ Proprietary: Item is held under exclusive title,trademark or copyright ❑ Warranty Service:The vendor is the sole provider of goods and services which the County has established a standard. ® Used item:The vendor/distributor is the holder of a used, 2001 Vactor 2100 Truck that represents a good value, has low hours, and fits specific needs of the department. 3. Is this product available from other sources? ®Yes ❑ No 4. What necessary features does the vendor provide which are not available from other vendors? A very favorable price for a truck with low hours and excellent condition. 5. Can your requirements be modified so that competitive products or services may be used? ® Yes ❑ No If yes, please explain modifications and potential costs: Buying new would cost the county approximately $450,000. It would be in the county's best financial interest to take advantage of this immediate purchasing opportunity and acquire a used vactor truck. 6. How does the recommended vendor's prices or fees compare to the general market?The vendor's price is reasonable and a fair value. 7. What steps were taken to verify that these features were not available elsewhere? ❑ Other brands manufactures were examined. Provide a list of phone numbers and names and explain why these did not meet the requirement: ❑ Other vendors were contacted but did not meet the requirements. Provide a list of companies and phone numbers and why they did not meet the requirements: ® Other, please explain:The County looked for other used vactor trucks that were available. The County could not find one that was available now and in this good of condition. My department's recommendation for sole source is based upon an objective review of the product/service required and appears to be in the best interest of the County. I know of no conflict of interest on my part or personal involvement in any way with this request. No gratuities,favors or compromising action have taken place. Neither has my personal familiarity with particular brands,types of equipment, materials or firms been a deciding influence on my request to sole source this purchase when there are other known suppliers to exist. Elected Official or Director Signature for Approval: Date: 8/14/2020 2001 Vector 2100 Used Hydro Excavator for sale Stock:1941 One.7 One.7 27034 SE Kent Kangley Road Ravensdale,WA (Washington 98051 Call Us:(425)413-1211 i R n c ,o R P a R _.,xT E ; https://www.1point7.com/ 2001 VACTOR 2100 USED HYDRO EXCAVATOR FOR SALE SELLING PRICE -CLICK FOR A QUOTE 2001 Vactor 2100 Hydro Excavator Combo Trucks for Sale 10 yard debris body with 1,000 gallons for water with a John Deere Secondary Engine.800' x.1"Jet Rodder Hose,80 GPM at 2500 PSI Accumulator,Multi-Flow and more.Includes 3-5 8"suction tubes with Clamps(including the Crowned tip) Pendant Control and up to date in Servicing.Call for additional information and pricing.We deliver world wide and can provide onsite training.Contact us today.425-413-1211 e. 777 INFORMATION 2001 Vactor 2100 Hydro Excavator Combo Trucks for Sale 10 yard debris body with 1,000 gallons for water with a John Deere Secondary Engine. 800'x 1"Jet Rodder Hose,80 GPM at 2500 PSI Accumulator,Multi-Flow and more. Includes 3-5 8"suction tubes with Clamps(including the Crowned tip) Pendant Control and up to date in Servicing. Call for additional information and pricing. We deliver world wide and can provide onsite training. Contact us today.425-413-1211 PHOTOS https://www.1 poi nt7.com/default.asp?page=xPreOwnedInventoryDetail&id=8387660&format=print&unit=-Vactor-2100-Used-Hydro-Excavator-for-sale-... 1/2 8/14/2020 2001 Vactor 2100 Used Hydro Excavator for sale Stock: 1941 One.7 am • •��'-I 1�t G 1�1�' ( pig _ _. . Y. a 1 3°" f ' ' HIGHLIGHTS • Location Ravensdale,Washington • Condition Pre-Owned • Stock Number 1941 • Year 2001 • Make Vactor • Model 2100 Used Hydro Excavator for sale • Mileage 103,121 • Engine Hours 548 • Fuel Type Diesel • Status Available SPECIFICATIONS https://www.1 point7.com/defau It.asp?page=xPreOwnedInventoryDetail&id=8387660&format=print&unit=-Vactor-2100-Used-Hydro-Excavator-for-sale-... 2/2 Mike Collins From: Jeremy Seymour Sent: Tuesday,July 28, 2020 5:55 AM To: Mike Collins Subject: FW:2001 Vactor 2100 Truck Follow Up Flag: Follow up Flag Status: Flagged From: Brenda Pitzen<brenda@lpoint7.com> Sent: Monday,July 27, 2020 2:40 PM To:Jeremy Seymour<JeremyS@co.mason.wa.us> Subject: 2001 Vactor 2100 Truck Hey Jeremy, Here is another single axle unit. https://www.lpoint7.com/default.asp?page=xPreOwnedlnventoryDetail&id=8387660&p=1&vc=hvdro- excavator&s=Year&d=D&fr=xPreOwnedlnventory We haven't cleaned it up yet, but the mechanic did already go thru the truck. We can do$65,000. It has 85,452 miles and 929 hours on the pony motor.This unit was also equipped with a 10 yard hopper(they changed from a 5 yard) but still on the single axle. Also came in from a city in April, during this whole Covid time,so just now getting it ready Q If someone wants to come and see the unit,we are scheduling onsite demo's(we are King County and must follow the Covid Guidelines,so masks and social distancing). Otherwise,we have been able to do some live face time or Zoom calls with the truck and Mechanic on hand if you can't travel yet. Let me know if you have any questions or want to see any additional details! Brenda Pitzen One.7, Inc. 425-413-1211 office 425-471-4548 cell www.lipoint7.com We're committed to bringing customers and specialized equipment together.With a combined 50 years of experience in the industry, you can bet we know what we are looking for in this type of equipment! 1 RESOLUTION NO. A RESOLUTION WAIVING PUBLIC BIDDING REQUIREMENTS AND APPROVING A SPECIAL MARKET CONDITION PROCURMENT OF 2001 VACTOR 2100 USED HYDRO EXCAVATOR COMBO TRUCK FROM ONE.7, INC. WHEREAS, RCW 39.04.280 (1) (b), allows for exceptions from standard bidding procedures based on special market conditions and sole source findings for qualifying purchases; and WHEREAS, the Board of County Commissioners approved the purchase of a vactor truck in the 2020 budget; and WHEREAS, the County Purchasing Policy requires a resolution to waive bidding requirements over $25,000. WHEREAS, the used equipment has been identified that fits the specific needs of the County at a very favorable price and may be sold before the County could complete a formal bidding process; NOW,THEREFORE, BE IT RESOLVED by the Board of Mason County Commissioners as follows: Section 1. RCW 39.04.280 authorizes the Board to waive standard competitive bidding requirements for the purchase of equipment where "special market conditions" exist for procurement of the equipment. To the extent any bidding requirements apply to the purchase of the equipment, in light of findings of fact set forth herein, the Board finds that special market conditions under RCW 39.04.280(b) exist and that all bidding requirements (if any) are hereby waived for the purchase of the specified vibratory soil compactor. Section 2. Special market conditions include: a) The 2001 Vactor 2100 Truck is being offered at a very favorable price to Mason County. b) The Vactor Truck may be sold by the provider before the County could complete a formal bid process. c) The equipment is needed for a specific purpose and is suitable to the unique needs of the Public Works Department. No other equipment has been found at the price that meets the needs and budget at this time. Section 3. The purchase of(1) 2001 used Vactor 2100 Truck in the amount of$65,000 from One.7, Inc:, is hereby approved. ADOPTED this day of , 2020 BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY,WASHINGTON Clerk of the Board Sharon Trask, Chair APPROVED AS TO FORM: Randy Neatherlin,Vice Chair Tim White ad, . Kevin Shutty, Commissioner MASON COUNTY ACTION ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Mike Collins, PE, PLS, County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: September 8, 2020 Action Item #8 :� BRIEFING DATE: August 24, 2020 BRIEFING PRESENTED BY: Mike Collins [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Sole source procurement of skid steer asphalt float attachment BACKGROUND: Public Works is implementing a change in pavement preservation that will reduce life-cycle costs and improve overall efficiency. Dig-out repair will be implemented when indicated rather than repeated patching. Additionally, Public Works wishes to begin converting gravel shoulders to asphalt in certain locations to reduce maintenance, improve safety, and improve multi-modal use. The county currently owns a skid steer that with the Purchase of an asphalt floater attachment for the skid steer will help accomplish this work in a cost-effective manner. Mason County Public Works proposes to purchase the Simex Asphalt Float attachment from NW Machinery CAT, which is the only vendor with this type of attachment. Other alternatives provide less flexibility and are costlier. RECOMMENDED ACTION: Recommend the Board authorize Public Works to purchase the asphalt floater attachment from NW Machinery CAT as a sole source purchase in the amount of $19,090.58. Attachments: Resolution Sole Source Justification Form Briefing Summary RESOLUTION NO. A RESOLUTION WAIVING PUBLIC BIDDING REQUIREMENTS AND APPROVING A SOLE SOURCE PROCURMENT OF SIMEX ASPHALT FLOAT ACCESSORY FOR SKID STEER WHEREAS, the County is moving away from grader patching road repairs and moving towards paving repairs; and, WHEREAS, the County owns a skid steer that can be converted into a paver with an asphalt float attachment; and, WHEREAS, NC Machinery CAT provides the side shift Simex Asphalt Float attachment that will be used on the County's skid steer. WHEREAS, NC Machinery CAT is the ownly vendor currently providing the side shift feature that the County is interested in. WHEREAS, RCW 39.04.280 specifies exemption to competitive bidding requirements for purchases that are clearly and legitimately to a single source of supply; NOW,THEREFORE, BE IT RESOLVED by the Board of Mason County Commissioners as follows: 1. NC Machinery CAT is a sole source supplier of the side shift Simex Asphalt Float attachment. 2.That the County is authorized to purchase without proceeding to secure competitive bids, estimated at $19,090.58. ADOPTED this day of , 2020 BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON Sharon Trask, Chair Randy Neatherlin,Vice Chair ATTEST: McKenzie Smith, Clerk of the Board Kevin Shutty, Commissioner APPROVED AS TO FORM: Tim Whitehead, Ch. DPA STgr, c MASON COUNTY M o 9 o s N SOLE SOURCE JUSTIFICATION FORM .- o T 2 rZ N y asa a°. Date: August 24, 2020 Department: Public Works Department Contact: Mike Collins,452 Recommended Vendor: NC Machinery CAT Address: 17025 W Valley Hwy,Tukwila,WA 98188 Phone: 800.562.4735 Cost Estimate: $19,090.58 Describe the item requested and its function:Simex Asphalt Float attachment 1. Check the reasons for the sole source request: ® Sole Source: No other items are known to exist which performs the same function ❑ Special Design: Item is of specific design to fit in with an existing installation ❑ Consultant: Providing professional or technical expertise of a unique nature or location availability ❑ Proprietary: Item is held under exclusive title,trademark or copyright ❑ Warranty Service:The vendor is the sole provider of goods and services which the County has established a standard. ❑ Used item: 3. Is this product available from other sources? ❑Yes ® No 4. What necessary features does the vendor provide which are not available from other vendors? This attachment is the only one found that is a side shift (attaches to the side of the machine so that the machine isn't running on the asphalt(see attached picture). 5. Can your requirements be modified so that competitive products or services may be used? ❑ Yes ® No If yes, please explain modifications and potential costs: 6. How does the recommended vendor's prices or fees compare to the general market?The vendor's price is reasonable and a fair value. 7. What steps were taken to verify that these features were not available elsewhere? ❑ Other brands manufactures were examined. Provide a list of phone numbers and names and explain why these did not meet the requirement: ® Other vendors were contacted but did not meet the requirements. Provide a list of companies and phone numbers and why they did not meet the requirements: Others did not offer an attachment that could be attached and follow on the side of the skid steer(see attached company, only one other that provides these kinds of attachments). ❑ Other, please explain: My department's recommendation for sole source is based upon an objective review of the product/service required and appears to be in the best interest of the County. I know of no conflict of interest on my part or personal involvement in any way with this request. No gratuities,favors or compromising action have taken place. Neither has my personal familiarity with particular brands,types of equipment, materials or firms been a deciding influence on my request to sole source this purchase when there are other known suppliers to exist. Elected Official or Director Signature for Approval: Date: �. i♦�� fy ti �,� j,�e. �.ra� .� ..;�- � 6 C s ;�,.�4f �A �` � ter. � �` - d a7 ..�.. �c r r Y^-r✓-�h"i-,s���'� �"�'T.i' t' ��` - ✓',. G �i�'i"',j^j s' t.,Y�,r _.;�'G�"`,�rw r U.._� (� �. :r,i'a. z s � �rl�.,�`j�'�'a iY`K�/��trsT� �C�r��}„ 4 �.�F �`�yy-r[^� z ,fr �'•c�': ` �a ./ {� ! /a � S'C G'lry j � 'N'I'�� � �Y�'1 vj � �a /-.��`,�'4 .:r ��j!�d'y'���Scsy ,J��J=�y I � `-` 4 o�.t+.c.s- � / ,�� e✓3�-y.��� .: �'H.,� � ;SAC' 'y h f�`�...,�`�,�tf Xl._♦.u'_.e. J:.;:rc`�.�t a$��:�5d9__:ems.. .,::.�s..�..�.. �` '� .,�.ti��.��.��`!T} '-�},---kkkFFF�_____��,4� �. - DATE Aug 12, 2020 I l Purchaser's Order Quote No. 233743 .. ;N C, CHINERY PURCHASER MASON COUNTY PTTRT.TC WORKS <SAME> g — S Q STREET ADDRESS 100 W PUBLIC WORKS DR H L CITY/STATE 9HELTON WA COUNTY MASON I D POSTAL CODE gASR4-g714 PHONE NO. 760 497 967n P CUSTOMER CONTACT: EQUIPMENT .TF.RRMY RRYMOTTR T PRODUCTSUPPORT TFRF.MV .RFYMOUR T 0 INDUSTRYCODE: rouNTY rnyERNMF.NT(GVg2) PRINCIPAL WORK CODE 0 F.O.B.AT: Shelton CUSTOMER 9996116 Sales Tax Exemption#(if applicable) CUSTOMER PO NUMBER NUMBER N/A T PAYMENT TERMS: (Ad]terms and payments are subject to Finance Company-OAC approval E NET PAYMENT ON RECEIPT OF INVOICE Q NET ON DELIVERY FINANCIAL SERVICES CSC []LEASE LKE Assignment M CASHWITHORDER $0.00 BALANCETO FINANCE $O.Oo INTEREST RATE S PAYMENT PERIOD PAYMENTAMOUNT $0.00 1 NUMBER OF PAYMENTS 0 OPTIONAL BUY-OUT DESCRIPTION OF EQUIPMENT ORDERED/PURCHASED MAKE:CATERPILLAR MODEL:QUOTECATW YEAR TBA ST Asphalt Float ST200 Side Plate TRADE-IN EQUIPMENT SELL PRICE $17,595.00 MODEL: YEAR: SN.: PAYOUT TO: AMOUNT: PAID BY: NET BALANCE DUE $17,595.00 MODEL: YEAR: SN.: SALES TAX (8.5%) $1,495.58 PAYOUT TO: AMOUNT: PAID BY: BALANCE $19,090.58 MODEL: - YEAR: SN.: PAYOUT TO: AMOUNT: PAID BY: MODEL: YEAR: SN.: PAYOUT TO: AMOUNT: PAID BY: ALL TRADES-INS ARE SUBJECT TO EQUIPMENT BEING IN"AS INSPECTED CONDITION"BY VENDOR AT TIME OF DELIVERY OF REPLACEMENT MACHINE PURCHASE ABOVE. PURCHASER HEREBY SELLS THE TRADE-IN EQUIPMENT DESCRIBED ABOVE TO THE VENDOR AND WARRANTS IT TO BE FREE AND CLEAR OF ALL CLAIMS,LIENS,MORTGAGES AND SECURITY INTEREST EXCEPT AS SHOWN ABOVE. 0 Allied WARRANTY INITIAL USED EQUIPMENT INITIAL WARRANTY The customer acknowledges that he has received a copy of the/AGCO Warranty and has mad and understood said warranty. All used equipment is sold as Is where is and no warranty is offered or implied except as Warranty applicable including experallon date where necessary: specified here: Manufactures Warranty To Apply Warranty applicable: CSA: NOTES: THIS AGREEMENT IS SUBJECT TO THE TERMS AND CONDITIONS ON THE REVERSE ORDER RECEIVED BY Tim Fnl Py PURCHASER REPRESENTATIVE APPROVED AND ACCEPTED ON MASON COUNTY PUBLIC WORKS PURCHASER BY SIGNATURE PRINT NAME AND TITLE ADDITIONAL TERMS AND CONDITIONS 1.Terms of Payment:Purchaser agrees to pay the balance shown together with any applicable sales,use and similar taxes and governmental charges that are not included within the balance and that are payable by reason of the sale of the Equipment. All payments shall be made to such address as Seller from time to time provides to Purchaser. If any amount of the Unpaid Balance is not paid when due,Purchaser agrees to gay Seller a charge calculated thereon at the rate of 1.25%per month from the date when the delinquent amount was due,or,at Seller's option,a charge equal to 5A of the delinquent amount, provided that the charge shall not exceed the amount the Purchaser can legally obligate itself to pay and Seller can legally collect. 2.Additional Terms and Conditions :This Order is subject to ADDITIONAL TERMS and CONDITIONS including but not limited to DISCLAIMER AND RELEASE AND EXCLUSION OF CONSEQUENTIAL AND OTHER DAMAGES, all of which Purchaser has read and understands and agrees to.The terms and conditions on all pages of this Order, together with any agreements entered into pursuant to Paragraph 4,constitute the entire agreement of Seller and Purchaser with respect to the subject matter of this Order.Purchaser acknowledges that all of such terms and conditions, including but not limited to such LIMITED WARRANTY AND DISCLAIMER and EXCLUSION OF CONSEQUENTIAL AND OTHER DAMAGES, were freely negotiated and bargained for with Seller and that Purchaser has agreed to purchase the Equipment subject to these terms and conditions. SELLER'S ACCEPTANCE OF THIS ORDER IS EXPRESSLY CONDITIONED ON PURCHASER'S ASSENT TO ALL OF SUCH TERMS AND CONDITIONS.ANY ADDITIONAL OR DIFFERENT TERMS OF CONDITIONS WHICH MAY APPEAR IN ANY COMMUNICATION FROM PURCHASER,INCLUDING BUT NOT LIMITED TO ANY SEPARATE DOCUMENT SUBMITTED BY PURCHASER IN CONNECTION WITH THE PURCHASE OF THE EQUIPMENT,ARE HEREBY OBJECTED TO AND SHALL NOT BE EFFECTIVE OR BINDING UNLESS SPECIFICALLY ACCEPTED IN WRITING BY SELLER'S SALES/BRANCH MANAGER AND APPROVED IN WRITING BY SELLER'S CREDIT DEPARTMENT. 3.LIKE/RENTAL SALE:YES or NO:(circle one) 4.ADDITIONAL DOCUMENTS:lf any Portion of the Unpaid Balance is to be paid following delivery of the Equipment. Purchaser agrees to execute and deliver to Seller such security agreements,financing statements,and other documents as Seller may request from time to time in order to permit Seller to obtain and maintain a perfected security interest in the Equipment on Terms and Conditions acceptable to Seller. 5. ACCEPTANCE; MODIFICATION: This Order shall be binding on Seller only when it has been both accepted in writing on behalf of Seller by Seller's Sales/ Branch Manager and if the Seller is extending credit to the Purchaser or arranging for credit for the Purchaser,approved in writing by Seller's Credit Department.No modifications of the Terms and Conditions of this Order shall be effective or binding upon Seller unless it is in writing and executed by both Seller's Sales/Branch Manger and by Seller's Credit Department.The Terms and Conditions of this Order shall not be modified or otherwise affected by statements and actions of sales people or others unless and until there is such a written modification. 6.SECURITY INTEREST: In order to secure the payment of the Unpaid Balance. Purchaser grants to Seller a purchase money security interest in the Equipment. This security interest shall be superseded if Purchaser and Seller enter into a separate security agreement covering the Equipment. 7.DELIVERY,INSPECTION,and ACCEPTANCE:The Equipment is sold F.O.B.,the F.O.B.location shown on(Page 1)of this Order.Any delivery or shipping dates indicated on(Page 1)are estimated and approximate,and Seller shall not be liable for any delay in delivery:however occasioned.Seller may deliver the Equipment in installments as the equipment becomes available.Title and risk of loss shall pass to Purchaser upon delivery. Delivery of the Equipment to Purchaser shall take place when physical possession of the Equipment is given to Purchaser or to a carrier,or when the Seller receives directions from Purchaser to place the Equipment in storage, whichever first occurs. The securing of the Equipment on board a carrier shall be deemed to occur subsequent to delivery. If the Equipment is to be shipped,Seller's authorized to execute in Purchaser's name and carrier's standard bill of lading for the Equipment.Without being required to do so, Seller may,on behalf of Purchaser, advance the cost of shipping and/or insurance for the Equipment. To the extent not separately included in calculating the Unpaid Balance, Purchaser agrees to immediately reimburse Seller on demand for such cost. Purchaser agrees to inspect each item of Equipment, at it's sole expense, promptly following receipt and will be deemed to have accepted the item unless it notifies Seller within (10)days following receipt, of any claimed discrepancy between the item as described on (Pa a 1) and the item as received by Purchaser. Any claim for shortages, delays, or damages occurring after Seller has delivered the Equipment to a carrier shall be made directly to the carrier,and Seller shall have no liability with respect thereto. 8.PERFORMANCE EXCUSED:Seller shall not be liable for Sellers inability to perform any or all of it's obligations hereunder due to causes beyond Seller's control, including but not limited to acts of God, acts of omissions of Purchaser, acts of civil or military authorities, fire, weather, strikes or other labor disturbances, civil commotion, war, delays in transportation, late delivery by Seller's suppliers, fuel or other energy shortages, or the inability to obtain necessary labor, materials, supplies,equipment,or manufacturing facilities. If any such cause results in a delay in performance by Seller,the dates of the performance shall be extended for a period equal to the time lost by reason of the delay,and such extension shall be purchaser's exclusive remedy. 9.NEW and USED EQUIPMENT:The term"New Equipment"means any items of Equipment that are registered or registerable as new equipment for the purposes of the warranty provided by the manufacturer thereof.All other items of Equipment are"Used Equipment". Seller does not represent or warrant that items of New Equipment are unused or newly manufactured or that they are the most current models available from the manufacturer thereof. 10.LIMITED WARRANTY and DISCLAIMER: Each item of New Equipment is entitled to the benefits of such warranties as are made in writing by the manufacturer thereof,as set forth on the manufacturer's warranty form in effect at the time this order is accepted by Seller. If it is expressly noted on (Page 1)of this Order that there is a separate warranty of Seller that applies to one or more specified item or items of New or Used Equipment,such Item or items are entitled to the benefits of such warranty as set forth on Seller's warranty form for such warranty in effect at the time this Order is accepted by Seller,subject to any disclaimers of warranties and limitations of remedies set forth in such form, as well as to the disclaimers of warranties and limitations of remedies set forth below. Purchaser acknowledges receipt of the manufacturers'and,if applicable,Seller's current warranty forms for the items of Equipment purchased under this Order.EXCEPT FORA WARRANTY OF TITLE BY SELLER,SELLER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO ITEMS OF USED EQUIPMENT,AND PURCHASER AGREES THAT IT HAS PURCHASED ALL SUCH ITEMS"AS IS"WITH ALL FAULTS AND DEFECTS. 11.WARRANTY PROCEDURES:Purchaser shall promptly notify Seller of any claim under any special warranty(such notice to be in addition to compliance with the procedural requirements of the warranty)and to make the affected item of Equipment available for inspection by Seller.Any replacements or repairs to be made by Seller as a warranty representative of the manufacturer shall be made at a repair and service facility of Seller or it's designee during regular business hours,the cost of the transportation of the Equipment to and from the service facility of Seller or its designee and the cost of the Seller's personnel traveling to and from the location of the Equipment and related cost shall be borne solely by Purchaser.The failure of any item of Equipment purchased hereunder to fulfill any applicable warranties shall not affect the liability of Purchaser to Seller for the purchase price of that item or any other obligation of Purchaser to Seller. 12. DISCLAIMER and RELEASE: THE SOLE AND EXCLUSIVE REMEDY OF PURCHASER FOR DEFECTIVE ITEMS OF NEW EQUIPMENT SHALL BE AS PROVIDED IN THE MANUFACTURER'S WARRANTY,ANY OTHER RIGHTS PROVIDED BY LAW AGAINST THE MANUFACTURER,AND ANY APPLICABLE SELLER'S WARRANTY REFERRED TO IN PARAGRAPH 10 EXCEPT FOR ITS OBLIGATION TO DELIVER THE EQUIPMENT IN ACCORDANCE WITH THE EXPRESS TERMS AND CONDITIONS OF THIS ORDER,SELLER SHALL HAVE NO OTHER WARRANTIES, OBLIGATIONS OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY NONCONFORMANCE OR DEFECT IN ANY ITEM PURCHASED HEREUNDER, INCLUDING BUT NOT LIMITED TO; (A)ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. (B)ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE,COURSE OF DEALING, USAGE,OR TRADE. (C)ANY OBLIGATION,LIABILITY,RIGHT,CLAIM,OR REMEDY FOR LOSS OF OR DAMAGE TO ANY EQUIPMENT. 13. EXCLUSION of CONSEQUENTIAL and OTHER DAMAGES: SELLER SHALL HAVE NO OBLIGATION OR LIABILITY,WHETHER ARISING IN CONTRACT(INCLUDING WARRANTY),TORT(INCLUDING ACTIVE,PASSIVE,OR IMPUTED NEGLEGENCE)OR OTHERWISE, FOR LOSS OF USE,REVENUE OR PROFIT,COST OF CAPITAL,COST OF SUBSTITUTE EQUIPMENT,ADDITIONAL COST INCURRED BY PURCHASER AT ITS PLANT OR IN THE FIELD(WHETHER BY WAY OF CORRECTION OR OTHERWISE),CLAIMS BY PURCHASER,PURCHASER'S CUSTOMERS,OR OTHER THIRD PARTIES FOR DAMAGES RESULTING FROM PERSONAL INJURY OR PROPERTY DAMAGE OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGE WITH RESPECT TO ANY NONCONFORMANCE OR DEFECT IN ANY ITEMS PROVIDED HEREUNDER. 14.PURCHASER'S RESPONSIBILITIES: Except to the extent provided in the express warranties under paragraph 10, Purchaser agrees that, even though it may receive technical information,drawings,or advice from Seller,Purchaser will have sole responsibility(a)for the safety,operation,and performance of the Equipment, (b)for it's suitability for Purchasers intended use,and(c)where the Equipment is to be used as Part of a power,propulsion,or other system,for the installation of the Equipment,the design and performance of such systems,and the adequacy of such system for the particular needs of the Purchaser or any customer of Purchaser. 15.PURCHASER'S INDEMNITY:PURCHASER SHALL INDEMNIFY,DEFEND,AND SAVE SELLER AND ITS AGENTS AND EMPLOYEES HARMLESS FROM AND AGAINST ALL CLAIMS,LIABILITIES,AND CIVIL PENALTIES, INCLUDING COSTS AND EXPENSES(INCLUDING ATTORNEYS'FEES)INCIDENT THERETO OR INCIDENT TO SUCCESSFULLY ESTABLISHING THE RIGHT TO INDEMNIFICATION,FOR INJURY TO OR DEATH OF ANY PERSON OR PERSONS,INCLUDING EMPLOYEES OF PURCHASER,OR FOR LOSS OF, OR DAMAGE TO ANY PROPERTY,INCLUDING EQUIPMENT,OR FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE POSSESSION,USE,MAINTENANCE,OR OPERATION OF THIS EQUIPMENT,WHETHER OR NOT ARISING IN TORT OR CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF SELLER, WHETHER ACTIVE, PASSIVE, OR IMPUTED.TO THE EXTENT OF THIS INDEMNITY, PURCHASER HEREBY WAIVES ANY IMMUNITY PROVIDED BY TITLE 51 REVISED CODE OF WASHINGTON OR ANY OTHER INDUSTRIAL INSURANCE LAW OR WORKERS COMPENSATION STATUTE. IF THIS INDEMNITY IS LIMITED IN SCOPE BY OPERATION OF LAW THEN IT SHALL EXTEND TO THE FULL EXTENT ALLOWED BY SUCH LAW. 16.INSURANCE:Purchaser is solely responsible for any loss or damage that occurs to any item or items of Equipment after delivery to Purchaser,and to such loss or damage shall diminish any obligation of Purchaser to Seller hereunder.At all times following delivery,Purchaser agrees to maintain one or more polices insuring the Equipment, in an amount not less than the full amount of the Unpaid Balance from time to time remaining unpaid against all hazards generally covered by extended coverage hazard insurance and against any other hazards required by Seller. Each such policy shall name Seller as an additional insured and loss payee and shall provide that no cancellation or material changes to the policy will be effective as to Seller unless Seller has been given written notice at least thirty(30)days prior to the effective date thereof. Purchaser agrees, if Seller request, to deliver to Seller copies of all such policies or certificates of the insurers evidencing such coverage. 17. DEFAULT: If Purchaser fails to pay when due any amount owing to Seller,or to perform any other obligation to Seller hereunder or otherwise, or if Purchaser becomes insolvent or makes an assignment for the benefit of creditors,or if there shall be instituted by or against Purchaser any proceeding under any bankruptcy, insolvency,or similar law of any jurisdiction,or for the appointment of a receiver or trustee in respect of any Purchaser's property,or if the Seller reasonably believes that Purchaser is unable to meet its debts as they mature, then, in addition to any other rights and remedies that Seller may have, Seller may, upon notice to Purchaser at any time, declare the entire Unpaid Balance immediately due and payable, require progress payments for the Equipment, require payment for the Equipment in cash upon delivery,apply amounts held for Purchaser's account hereunder or otherwise to the Unpaid Balance or to any other obligations of Purchaser to Seller,or terminate all of Seller's obligations under this Order. 18.NON-WAIVER:No term or condition of this Order shall be deemed waived and no breach excused,unless such waiver or excuse is in writing signed by the party claimed to have waived or executed.Any such waiver in a particular instance shall not constitute a waiver of future compliance with such term condition. 19. NOTICES: If Purchaser fails to pay when due any amount owing to Seller,or to perform any other obligation to Seller hereunder or otherwise, or if Purchaser becomes insolvent or makes an assignment for the benefit of creditors,or if there shall be instituted by or against Purchaser any proceeding under any bankruptcy, insolvency,or similar law of any jurisdiction,or for the appointment of a receiver or trustee in respect of any Purchaser's property,or if the Seller reasonably believes that Purchaser is unable to meet its debts as they mature, then, in addition to any other rights and remedies that Seller may have, Seller may, upon notice to Purchaser at any time, declare the entire Unpaid Balance immediately due and payable, require progress payments for the Equipment, require payment for the Equipment in cash upon delivery,apply amounts held for Purchaser's account hereunder or other to the Unp aid paid Balance or to any other obligations of Purchaser to Seller,or terminate all of Seller's obligations under this Order. 20.ASSIGNMENT:This Order may not be assigned or otherwise transferred by Purchaser in whole or in part without Seller's prior written consent. Subject to this limitation on assignment and transfer,the terms and condition of this Order shall bind and benefit the parties and their respective successors and assigns. 21.SEVERABILITY:Should any provision of this Order be found by a court of competent jurisdiction to be invalid,illegal,or unenforceable the remaining provisions shall not be affected or impaired thereby except to the extent reasonably necessary to preserve the intent of the parties. 22.MERGER; NO CREDIT AGREEMENT:The terms and conditions of this Order merge and supersede all prior and contemporaneous agreements and negotiations regarding the subject matter hereof,except for any agreements entered into pursuant to Paragraph 4 above.ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT,OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. 23.ATTORNEYS'FEES;APPLICABLE LAW:In any suit or action arising out of this Order,the losing party shall pay to the prevailing party Its reasonable attorneys' fees and all other cost,fees, and expenses incurred by the prevailing party at trial and upon appeal:This Order shall be governed by and construed in accordance with the laws of the State of Washington.. 24.INVALIDITY:Each provision of this shall be considered separable,and if for any reason any provision herein is determined to be invalid,such invalidity shall not impair or otherwise affect the validity of the other provisions of this agreement. If any provision is deemed to be invalid, it shall be modified, if possible to the extent necessary to remove such invalidity. 25.LKE ASSIGNMENT:PURCHASER IS HEREBY NOTIFIED THAT SELLER HAS ASSIGNED TO"HGI EXCHANGE LLC"ACTING SOLEY IN IT'S CAPACITY AS SELLER'S QUALIFIED INTERMEDIARY, RIGHTS TO ACCEPT AND RECEIVE ALL CONSIDERATION PAYABLE BY PURCHASER(INCLUDING ALL MONEY AND ANY TRADE-IN BUT NONE OF SELLER'S OBLIGATIONS IN THIS SALE WITH RESPECT TO THE PURCHASE OF QUALIFIED LKE/RENTAL EQUIPMENT FOR THEPURPOSES OF COMPLETING A LIKE-KIND EXCHANGE UNDER SECTION 1031 OF THE INTERNAL REVENUE CODE OF 1986,AS AMENDED. 26. Telematics Disclaimer: In the event this machine is equipped with "Product Link" or other systems for the transfer of equipment health and diagnostic information ("Telematics Systems"), Purchaser understands that data concerning this machine,its condition,and its operation is being transmitted by"Product Link" or by other, similar Telematics Systems,to Caterpillar Inc.or the manufacturer of your equipment, and/or their affiliates, subsidiaries and dealers.The information transmitted may include:machine serial number,machine location,and operational data,including but not limited to:fault codes,emissions data,fuel usage,service meter hours, software and hardware version numbers, and installed attachments. For more information about the information collected in connection with"Product Link," and how this information is used and shared, please see the Caterpillar Telematics Data Privacy Statement, available at httwww.cat.com/en US/support/operations/fleet-management-solutions/product-link/caterpillar-telematicsdataprivacystatement.html. For more information regarding the inforinatTon collected in connection with Telematics Syystems used on other manufacturers'equipment, and how this information is used and shared, please see the data privacy statement issued by the manufacturer.By using any machine equipped with"Product Link"or other Telematics Systems,you consent to the collection,use and disclosure of information as described in the applicable privacy statement and to the processing,transfer and storage of information in and to the United States and other Countries, where you mayy not have the same rights and protections as you do under local law. PURCHASER RELEASES AND FOREVER DISCHARGES SELLER FOR ALL CLAIMS OR CAUSES OF ACTION ARISING FROM THE COLLECTION, USE AND DISCLOSURE OF TELEMATICS SYSTEMS'DATA VIA PRODUCT LINK OR OTHER TELEMATICS SYSTEM. INITIAL HERE DATA GOVERNANCE CONSENT FORM The Data Governance Statement attached as Appendix A describes Caterpillar's practices for collecting, sharing and using data and information relating to machines, products or other assets and their associated worksites—for example to enable Cat@ Connect and other digital offerings. Please review the Caterpillar Data Governance Statement (also available at www.cat.com/data_governance statement) regularly and with care. If Caterpillar updates the Caterpillar Data Governance Statement, Caterpillar may notify you as indicated in the Data Governance Statement. I acknowledge and agree: - That I have read, understand and consent to this Data Governance Consent Form and Caterpillars Data Governance Statement - That I hereby grant to Caterpillar and its affiliates (as defined in the Data Governance Statement), and each of their respective licensors, service providers, suppliers, subcontractors and distributors, a non-exclusive, worldwide, perpetual, paid-up, right and license, Including the right to grant and authorize sublicenses through multiple levels, to access, use, process, manipulate, modify, compile with other data or works and/or create derivative works of, in accordance with the Data Governance Statement, any and all information that is collected, transmitted or further processed in accordance with the Data Governance Statement; that the foregoing license shall apply retroactively to the date on which such information was collected; and that the foregoing grant is made notwithstanding any more limited rights granted in any other agreements or understandings, including in any product manuals and other documentation related to Assets (as defined in the Data Governance Statement); - That, to the extent not prohibited by applicable law, Caterpillar may, from time to time, remotely access and program telematics or other devices installed on Assets, for any purpose including by way of example, (a)to install, or cause to be installed, updates and upgrades to software, firmware, or operating systems (for example, to enhance safety, security or improve operation of Assets) or (b)to introduce new features, and/or change the type and frequency of data transmitted through telematics devices (for example, to conduct remote troubleshooting and/or provide increased customer value); that, Caterpillar cannot guarantee that user preferences and configuration settings will be preserved following such an update, whether performed remotely or otherwise; that,to the extent not prohibited by applicable law, Caterpillar may perform such activities without further notification; and that I may withdraw my consent to the installation of updates and upgrades at any time, or make other related requests to Caterpillar, by contacting Caterpillar at CatConnectSupport@cat.com. In the event that you transfer ownership, lease, use, or operation of any Assets, you should (i) notify the next owner, leaseholder, user or operator of such Assets of the terms of this Data Governance Consent Form and (ii) notify your dealer that you have transferred ownership, lease, use, or operation of the Assets and identify the person or entity to whom ownership, lease, use, or operation has been transferred. By signing below I voluntary consent and agree to this Data Governance Consent Form: Company: MASON COUNTY PUBLIC WORKS Represented by(name): Signature Date Aug 12, 2020 Caterpillar Inc.1 100 NE Adams Street I Peoria IL 61629 1 USA RESOLUTION NO. A RESOLUTION WAIVING PUBLIC BIDDING REQUIREMENTS AND APPROVING A SOLE SOURCE PROCURMENT OF SIMEX ASPHALT FLOAT ACCESSORY FOR SKID STEER WHEREAS,the County is moving away from grader patching road repairs and moving towards paving repairs; and, WHEREAS,the County owns a skid steer that can be converted into a paver with an asphalt float attachment; and, WHEREAS, NC Machinery CAT provides the side shift Simex Asphalt Float attachment that will be used on the County's skid steer. WHEREAS, NC Machinery CAT is the ownly vendor currently providing the side shift feature that the County is interested in. WHEREAS, RCW 39.04.280 specifies exemption to competitive bidding requirements for purchases that are clearly and legitimately to a single source of supply; NOW,THEREFORE, BE IT RESOLVED by the Board of Mason County Commissioners as follows: 1. NC Machinery CAT is a sole source supplier of the side shift Simex Asphalt Float attachment. 2. That the County is authorized to purchase without proceeding to secure competitive bids, estimated at $19,090.58. ADOPTED this day of , 2020 BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON Sharon Trask, Chair Randy Neatherlin,Vice Chair ATTEST: Clerk of the Board Kevin Shutty, Commissioner APPROVED AS TO FORM: Tim itehead, Ch. DPA MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Diane Zoren Action Agenda x_ Public Hearing Other DEPARTMENT: Support Services EXT: 380 DATE: September 8, 2020 Agenda Item #S.6 Commissioner staff to complete) BRIEFING DATE: August 31, 2020 BRIEFING-PRESENTED BY: Request by Support Services [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval to concur with Thurston County's appointment of Nicolette Oliver to the Timberland Regional Library Board of Trustees for a term ending December 31, 2026. Background: This fills a position vacated by Kathleen Varney on the TRL Board of Trustees. TRL is a five county rural library district consisting of Grays Harbor, Mason County, Lewis, Pacific and Thurston counties. RECOMMENDED ACTION: Approval to concur with Thurston County's appointment of Nicolette Oliver to the Timberland Regional Library Board of Trustees for a term ending December 31, 2026. 8/28/2020 rill Administrative Service Center 415 Tumwater Boulevard SW Tumwater, WA 98501-5799 360.943.5001 TRL.org August 26, 2020 Mason County Commissioners Mason County Building 1 411 N 5th St. Shelton, WA 98584 Dear Board Commissioners, The Thurston County Commissioners have appointed Nicolette Oliver to the Timberland Regional Library Board of Trustees to fill the vacant unexpired at-large term that runs through December 31, 2026. The Thurston County Commissioners have requested that Timberland Regional Library secure the confirmation of this appointment from the other four county Board of Commissioners.A copy of the letter appointing Ms. Oliver is enclosed. If you concur with the appointment of Ms. Oliver,please send a letter of confirmation to my attention at the above address. Once we have received letters from Mason,Lewis, Grays Harbor, and Pacific County Commissioners, copies will be forwarded to the Thurston County Commissioners. We would appreciate your immediate consideration of this appointment. To further speed the process you may email the scanned letter to Rose Enos-Weedmark at renosweedmark@trl.org. Thank you for your attention to this matter. Sincerely, Cheryl Heywood ; Executive Director Enclosure .. ;.: COUNTY COMMISSIONERS John Hutchings District One Gary Edwards District Two THURSTON COUNTY Tye Menser District Three SIDE 1852 BOARD OF COUNTY COMMISSIONERS August 26,2020 Nicolette Oliver 4035 11th Ave NW Olympia,WA 98502 Dear Ms.Oliver: We are pleased to inform you that on Tuesday,July 28, 2020,the Board of County Commissioners appointed you to the Timberland Regional Library Board of Trustees as a Thurston County representative for the term of August 1, 2020 to December 31, 2026. This appointment must be confirmed by the members of the Timberland Library system, including the Commissions of Grays Harbor, Lewis, Mason,and Pacific counties. Members of the Board are required to complete an Open Public Meetings Act training. Below is a link to that training.Watch the online video and sign the attached acknowledgement form. Return the form to the board/commission chair that you are a member of for recordkeeping. For more information regarding the training please contact our Human Resource Department at(360)786-5498 or traininghr@co.thurston.wa.us. • Open Public Meetings Act Training Link: https://wacities.o rg/data-resou rces/open-pu bl ic-meetings-act-elea rn ing Rose Enos-Weedmark, Executive Assistant,Timberland Regional Library,will contact you regarding the process from this point and answer any questions you may have. We appreciate your desire to serve the citizens of Thurston County. Sincerely, JohsiHch s,Chair �4 n Tye enser,Vice-Chair Gary E arils, Commissioner Building# 1, Room 269, 2000 Lakeridge Drive SW, Olympia,Washington 98502-6045 (360) 786-5440, T.Y.Y. 711 or 1-800-833-6388,www.co.thurston.wa.us/bocc 1854 MASON COUNTY September 8, 2020 BOARD OF COMMISSIONERS Cheryl Heywood, Executive Director Timberland Regional Library Administrative Service Center 1ST District 415 Tumwater Blvd SW RANDY NEATHERLIN Tumwater, WA 98501-5799 2❑d District Dear Ms. Heywood: KEVIN SHUTTY 3rd District The Board of Mason County Commissioners met and took action to SHARON TRASK concur with the appointment of Nicolette Oliver to the Timberland Regional Library Board of Trustees. We understand this Thurston County position has a term which will end December 31, 2026. Mason County Building 1 Sincerely, 411 North Fifth Street BOARD OF MASON COUNTY COMMISSIONERS Shelton,WA 98584-3400 (360)427-9670 ext.419 (360)275-4467 ext.419 Sharon Trask Randy Neatherlin Kevin Shutty Chair Commissioner Commissioner (360)482-5269 ext.419 Fax (360)427-8437 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Daniel Goodell Action Agenda x Public Hearing Other DEPARTMENT: Superior Court EXT: 206 DATE: September 8, 2020 Agenda Item # 8,q Commissioner staff to complete) BRIEFING DATE: August 31, 2020 BRIEFING PRESENTED BY: Frank Pinter [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Extra help non-judicial staff(legal secretary/exhibit handler) Background: Due to COVID-19, workloads and responsibilities of Court Administration staff and bailiffs have increased, both in volume and complexity, and extra help is needed. Superior Court requested and has been authorized Cares Act Funding from the Administrative Office of the Courts for an extra help part-time"as needed"legal secretary/exhibit handler to assist with managing exhibits during trials, assisting bailiffs, monitoring and ensuring that participants comply with the Court's COVID-19 requirements during in-person Court appearances, setting up and arranging Courtrooms in order to meet the needs of various types of hearings/trials, disinfecting seating and other furniture during various phases of trial, hosting zoom hearings, preparing documents, scheduling hearings, coordinating with IT and Facilities to ensure that ongoing Court needs continue to be met and such other related duties as may be assigned. Human Resources was consulted regarding the wage, and it was determined that Range 13 (Step 0 or 1) would be appropriate based upon the duties. Budget Impacts: None. Superior Court requested and has been authorized Cares Act Funding from the Administrative Office of the Courts (AOC) for this extra help position. AOC has authorized $13,348 for the period of September-December 2020, including salary and benefits. RECOMMENDED ACTION: Authorize extra help part-time"as needed"staff for Superior Court Administration. Attachment(s): None MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Daniel Goodell Action Agenda x Public Hearing Other DEPARTMENT: Superior Court EXT: 206 DATE: September 8, 2020 Agenda Item # g.rD Commissioner staff to complete) BRIEFING DATE: August 31, 2020 BRIEFING PRESENTED BY: Frank Pinter [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Increase hourly rate for extra help bailiff Background: Superior Court would like to increase the hourly rate for our extra-help bailiffs from $15 per hour to $17 per hour. Human Resources surveyed comparison counties (copy attached) and indicated they would support an increase to $17. Budget Impacts: Superior Court requested Cares Act Funding from the Administrative Office of the Courts (AOC) for additional bailiff wages in 2020. AOC has authorized reimbursement up to $10,745 for the period of August-December 2020, including salary and benefits. This includes an amount to cover the anticipated need to hold two jury trials during any given time and to allow for the use of two bailiffs, instead of the typical single bailiff, as the need may arise. The increase to $17 per hour is included in the Court's proposed 2021 budget. RECOMMENDED ACTION: Authorize increase in hourly rate for extra-help bailiffs to $17. Attachment(s): Salary survey prepared by Human Resources p D 3 5O m A O 2 di a m m m m m m m m s N N N N N N N N O up�pi poppp u`i a in NmN m w � O A 0 0 0 N A N G N N N N N N N N 2 » V~i J u�i a W m m m O N O O OWo tNll A VVi 0 3 � ^ m z 0 2 GbQ}N N J 2 C O n m V m Uf d W N H o G1 ^O S H F z 3a � S2 A A m N mead mmmmm _3 C o < z 2 12n N N N N N N N N b o A N N N N N N N N 2 A �n to NN m m m V 2 O O O N A tVi, W N m V Ol In > W N r yri 2 O Z � A C a D o 3 A Z m O A m 's s N N N N N N o A 2 W r A N W o 0 0 VVi MASON COUNTY ACTION AGENDA ITEM SUMMARY FORM czo TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Michael MacSems DEPARTMENT: Community Development (Planning), Ext. 571 BRIEFING DATE: 8/31/2020 ITEM: Approve and sign Amendment A to a previously grant contract with the Washington Department of Archeology and Historic Preservation (DAHP) EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): In 2019 Mason County entered into a contract with DAHP for a $3,190.00 reimbursement grant to send a minimum of three members (including Staff) to a national historic preservation commission conference in Tacoma in July 2020. The deliverable is a 1-2 page written reflection from the members who attend, due in September 2020. Because of COVID 19, the conference was changed to an on-line event, and the total cost to send all seven members plus staff to the event was reduced to $800. Amendment A to the original contract reduced the grant amount to $800 and extends the deliverable deadline to October 30, 2020. BUDGET IMPACT: Ultimately none, but the HPC is covering the conference registration cost prior to reimbursement. PUBLIC OUTREACH:(Include any legal requirements,direct notice,website, community meetings, etc.)The original contract was discussed in the public meetings of the Historic Preservation Commission on August 8th and September 12th, 2019. For the Amendment there was discussion at the July 9th, 2020 meeting. RECOMMENDED OR REQUESTED ACTION: Sign contract Amendment A. ATTACHMENTS: Copy of Amendment A Acrtion Item Summary Form DAHP Grant 9 8 .doc +ys.f Itie wit yu-L'_lw!y!� dc,ihp . Allyson Brooks Ph.D.,Director State Historic Preservation Officer PLO _ O GRANT NO. FY20-CLG-MASON Amendment A Time Extension and Budget Reduction The Department of Archaeology and Historic Preservation,the DEPARTMENT, and City of Burlington, the GRANTEE, hereby mutually agree to amend Grant No. FY20-CLG-MASON to extend the end date by one month and reduce the budget to$800. End Date Currently reads: 9/30/2020 Per this Amendment, end date shall read: 10/30/2020 Contract amount currently reads:$3,190 Per this amendment the amount shall read:$800 The DEPARTMENT acknowledges and approves this change by the DEPARTMENT for the above to extend the expiration date and reduce the total contract amount. DEPARTMENT GRANTEE Department of Archaeology Mason County &Historic Preservation Signed by Allyson Brooks Signed by Director Title Title Date Date STATg o� P.O. Box 48343 Olympia,Washington 98504-8343 (360) 586-3065 0� b State of Washington Department of Archaeology& Historic Preservation Y www.dahp.wa.gov MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Kelly Bergh for Frank Pinter Action Agenda X_ Public Hearing Other DEPARTMENT: Support Services EXT: 644 DATE: 9/8/2020 Agenda Item # Commissioner staff to complete) BRIEFING DATE: 8/31/2020 BRIEFING PRESENTED BY: Frank Pinter [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency Item: Change orders to the contract approved by BOCC on 8/4/2020 for $2,272,718 with Colvos Construction, LLC for Mason County Seismic Upgrades and Mason County Court Remodel—Phase 1 Building 10 located at 414 West Franklin Street, Shelton, WA. Background: Original RFP proposal did not include asbestos abatement of$79,577.54 (change order #1) or sales tax of$181,000.00 (change order #2). Total increase of$260,577.54 or 11 percent. Per Resolution #77-05 for contracts greater than $250,000, any contract change order, which exceeds 10% of the original approved contract must be approved by the Commissioners. Recommended Action: Request the Board approve and authorize Frank Pinter, Support Services Director to sign Change order #1 for $79,577.54 and Change order #2 for $181,000.00. Attachment(s): Change order #1 Change order #2 to follow Resolution #77-05 J.I&1y1 f I Forms I Agenda Item Summary-Change orders.doc col!vos PCCO #001 11 Colvos Construction Project: - 20-031 Mason County Courthouse 711 Court C 414 West Franklin St Tacoma,Washington 98402 Shelton,Washington 98584 Phone: (253)279-7887 Prime Contract Change Order#001 : Asbestos Abatement TO: Mason County FROM: Colvos Construction 411 North 5th St 711 Court C Shelton,Washington 98584 Tacoma Washington 98402 DATE CREATED: 8/26/2020 CREATED BY: Scott Fletcher(Colvos Construction) REVISION: 0 INVOICED DATE: PAID DATE: SCHEDULE IMPACT: 21 days EXECUTED: No CONTRACT FOR: 1:20-031 Mason County Courthouse Prime TOTAL AMOUNT: $79,577.54 Contract DESCRIPTION: CE#001-Asbestos Abatement Inclusions: Below is the detailed cost for the additional abatement required per the Hazardous Building Material Survey completed on July 23rd. The report was provided after the project bid date,the following work to remove and dispose is included: 1. (4)mobilizations for phased abatement during construction 2. (110)asbestos containing 3"or 4"mudded pipe fittings 3. (95)asbestos containing 6"mudded pipe fitting and tees 4. (17,200 SF)of asbestos containing vinyl floor tile and black mastic 5. (32 LF)of asbestos containing window frame sealant 6. (960 SF)of asbestos roofing removal where new RTU units will be installed 7. (14)roof penetrations through asbestos containing roofing for gas lines and vent pipes as shown on M300 of the architectural plan set dated 7.17.2020 8. (24 LF)black duct sealant 9. (650 SF)asbestos containing cement board 10. (520)mercury containing florescent light tubes 11. (280)PCB containing light fixtures 12. (5)exist signs 13. (6)smoke detectors The following additional items are required due to the abatement removal: 1. (21)Calendar day or,(15)working day schedule impact 2. (24)8'and(6)4'new LGT type strip fixtures that is originally to be saved per DE201,and will need to be replaced with new 3. Insulate(7)roof drain piping 4. (15)working days or(21)calendars days of original site supervision,project management,laborer and associated costs 5. Add to complete demo 5 days sooner than the original 20 working day delay due to abatement 6. Mandatory asbestos awareness training Exclusions: 1. Other hazardous material other than listed above is not included and will bean extra cost for removal if found during demolition. 2. WSST ATTACHMENTS: POTENTIAL CHANGE ORDERS IN THIS CHANGE ORDER: PCO# I Title Schedule Impact Amount 001 ICE#001-Asbestos Abatement 121 days 79,577.54 TOTAL: $79,577.54 CHANGE ORDER LINE ITEMS: Colvos Construction page 1 of 2 Printed On:8/31/2020 02:34 PM colvos PCCO #001 rxucric� PCO#001 :CE#001-Asbestos Abatement # Cost Code Descrlptlon Type Amount 1 02-61-23-Asbestos Abatement Hazardous Material Abatement Other $68,320.00 2 01-30-13-Project Superintendent 15 Working Days of site supervision during demolition Other $12,600.00 3 01-30-23-Project Engineer 8 Working Days of Project Engineer time Other $4,480.00 4 01-30-19-Project Manager 5 Working Days of Project Manager time Other $4,600.00 5 01-74-13-Continuous Cleanup 5 days of additional Laborer time Other $2.800.00 - - --6-01 30 26—Project Administration —— 6-Daysor Protect-Administrative-Time ----- - --- Other -- -- — - $2;880.00- --- 7 01-52-13-Temporary Field Office Rentals(job trailer and sani-cans) Other $500.00 8 01-30-31-Truck/Mileage Mileage and Fuel Other $2.000.00 9 22-40-01-Plumbing Roof Drain Insulation Other $1,760.00 10 26-50-01-Lighting New required lights due to disposal from asbestos report Other $6,588.00 11 02.41-00-Demolition Add to complete the demo/abatement 5 days sooner Other $9,951.00 12 01-52-17-Safety Supplies/Inspections Asbestos awareness training Other $2,500.00 13 02-61-23-Asbestos Abatement Original abatement allowance Other ($50,000.00) Subtotal: $68,969.00 Bond:3.00%Applies to all line item types. 2,069.07 Liability Insurance:1.25%Applies to all line item types. 887.98 Contractor Fee:10.00%Applies to all line Item types. 7,192.60 B80 Tax:0.58%Applies to all line item types. 458.89 Grand Total: $79,577.54 The original(Contract Sum) $2,216,218.00 Net change by previously authorized Change Orders $ 0.00 The contract sum prior to this Change Order was $2,216,218.00 The contract sum would be changed by this Change Order in the amount of $79,577.54 The new contract sum including this Change Order will be $2,295,795.54 The contract time will be increased by this Change Order by 21 days Bruce McKean(Helix Design Group) Mason County Colvos Construction 6021 12th St E,Suite 201 411 North 5th St 711 Court C Tacoma Washington 98424 Shelton Washington 98584 Tacoma Washington 98402 SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE Colvos Construction page 2 of 2 Printed On:8/31/2020 02:34 PM RESO UTION NUMBER 7 7-0 5 �s�,�i�-�o.i�s- oy Mason County Construction Project Change Order Policy for Public Works,Utility and Waste Management and Facilities & Grounds/Parks Departments WHEREAS, it is usual and normal to expect change orders in the course of construction projects;and WHEREAS, for the efficient and timely management of such projects it is beneficial to establish a policy for change order approvals; NOW THEREFORE,BE IT HEREBY RESOLVED BY the Mason County Board of Commissioners, that the County Engineer, Directors of Public Works, Utilities and Waste Management, and Facilities and Grounds/Parks are hereby authorized to approve change orders within the scope of the original contract as follows: 1. For contracts less than$100,000,any contract change order,which does not exceed a cumulative total of 20 percent of the original approved contract. 2. For contracts from $100,000 to $250,000, any contract change order, which does not exceed a cumulative total of 15 percent of the original approved contract. 3. For contracts greater than$250,000,any contract change order,which does not exceed a cumulative total of 10 percent of the original approved contract. BE IT FURTHER RESOLVED that in the event the delay in processing an approval of a change order in excess of the above amounts by the Commissioners would create a significant public safety concern or subject the county to excessive additional costs,the Directors are authorized to approve the change order on behalf of the Commissioners and, subsequently, timely notify the Commissioners of the action taken and the circumstances involved. Dated this 2nd day of August ,2005. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON nk Rebecca S. Rogers, Clerk f the Board JA - 'h erson A P OXED AS TO FORM: �. �( A RING ERI ON, Commissioner L/!V�L) Deputy Prosecutor S Lsz, - TIM SHELDON, Commissioner cc: Public Works Utilities &Waste Mgmt. Facilities &Grounds/Parks robinb h:\wp\resolutions\change order - res MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Mike Collins, P.E. PLS, Deputy Director/County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: September 8, 2020 Agenda Item #8. BRIEFING DATE: August 312020 BRIEFING PRESENTED BY: Mike Collins and Loretta Swanson [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Road Vacation No. 401— Set Hearing Date with Hearings Examiner BACKGROUND: Tru North Investments has petitioned for a vacation of several streets in the plat of Lakewood Al C, D and F. All of the requested street to be vacated front properties that Tru North Investments own. These plats were recording between 1912 and 1913 and all of the lots are very small and currently have no access road to them. With the vacations Tru North Investments has recorded easement deeds for the properties in this plat, that are not owned by the company and not being vacated, to use a access road that the company intends to construct. An Engineer's Report has been prepared (Preliminary attached) for the Hearings Examiner and Public Works recommends the vacation as submitted, subject to retaining existing easements for ingress and egress for any other purpose, if any, and in accordance with RCW 36.87.140, retaining an easement in favor of Mason County for any utilities present in the proposed vacated right of way. RECOMMENDED ACTION: Recommend the Board approve and execute the resolution setting a hearing date with the Hearings Examiner for Wednesday, October 14, 2020 at 1:00pm to consider public comment on the petition for vacation of several streets in Lakewood Plats A, C, D and F. ATTACHMENTS: 1. Preliminary Engineer's Report 2. Hearing Notice Briefing Summary 9/1/2020 MASON COUNTY DEPARTMENT of PUBLIC WORKS 100 W PUBLIC WORKS DRIVE 0 SHELTON, WASHINGTON 98584 MEMORANDUM x;o DATE: September 1, 2020 " TO: Mason County Hearings Examiner ? ,, FROM: Phil Franklin, Right of Way Agent, for Mike Collins, County Engineer ,. t .;;. Cc: Loretta Swanson, Director for Mason County Public Works t i t4631 � .1 .�:�t F 1°Si L Fu ltYff DI,y �tf# t u !i flViyx' SUBJECT: ENGINEER'S REPORT—ROAD VACATION FILE NO. 40s1, << , Ir � Vacation of several streets in Lakewood Plats:A, C, D.and F r, Background: Tru North Investments, LLC has petitioned for vacation of s6erarstreets in the plats of Lakewood Plat A, C, D, and F. A majority of the lots in these plats are owned by,,,, e investment company and only the areas in front of their lots are being requested to be.,vacated Tru.*,,North Investments has recorded f?<ll�c'�iaE1 easement deeds for the properties not owned by th"e antll}not being vacated to use the access road obi that investment company intends to construct.The{recorded easements are located in this vacation petition in Exhibit B and noted as Amendrii-Oh't�'#11&_Amendment#2. These Plats were all recorded between f h..;antl`-':1913 and were very small lots, as if to be camping lots L,,. with roads that were never constructed to most of the lots in these plats. The surrounding topography of many of these properties,',-is steep and rolling''with some steep drainage ravines running through the area of the platted streets :i.,. Rj.,l The petitioner is asking forthis vacation in order to build a useable road to access the area of these plats for the possibility of'future''building;'sites. In fact,the petitioner has purchased two lots adjacent to Hwy. 106, South•Sh'ore Road, for access points to these platted areas. The vacati6ri,req4est has been reviewed by the Public Works staff and the two added amendments to the"it,original�,petition.,Both amendments are included in this report in Exhibit B. For an =bits of the area that Tru North Investments is requesting to be vacated, please refer to the mapped that are attached to this Engineer's Report as Exhibit C. The $500 fee required for road vacation petitions has been paid by the applicant. In compliance with RCW 36.87.40, at the Board of County Commissioners and County Engineer's direction, Public Works Department staff examined the portion of road right-of-way requested to be vacated and solicited comments on the proposed vacation. Our findings are the following: 1. None of the requested roads to be vacated is in use or even actually built according to the best e knowledge of Public Works. 2. The road is classified as "Class A" per MCC 12.20.040 and no compensation for fee simple interest or appraisal is due prior to vacation. 3. The proposed vacation area is not deemed necessary to preserve for the County road system for the future. 4. The public will benefit by this action, since it will clear title, add the vacated area to the tax rolls and relieve the county of liability. 4A Public Notice Public notice has been provided as required by RCW 36.87.050, both by posting at the"si't'and by publishing in the county official newspaper. Recommendation Public Works recommends the vacation of multiple streets in Lakewood"Plat A, C, D?�and F, See attached legal Description in Exhibit E. As petitioned, subject to existing easements for3i'ingress'and egress to all lots not owned by Tru North Investments, or any other purposeif�any,'and, in accordance with RCW 36.87.170, retaining an easement in favor of Mason County for ariy,utilities#present in the vacated right of way. T Hearing Examiner Options ii,n1r �t a q, x � a 1. Find that this vacation meets the standards_esta e law and recommend the vacation be granted as petitioned and/or as recommended by,,the County Engineer. 2. Find that this vacation fails to meet the standards established by state law and recommend the n 1, vacation be denied. j •,N 3. Finding that only part of thevacation�,aNs petitioned or recommended by the County Engineer complies with the law, develop recbmmendatons to grant the compliant portion and deny the other. Attachments ky • Exhibit Al through A27 ;Petition, Amendment#1 , Receipt and pictures of area to be vacated • Exhibit B1- B2�6;,; Copies of recorded easements for Amendments to Vacation Petition • , Exhibit C1``C3 Aehial Pictures Showing Streets to be vacated • D1 D3,511-etters from other departments that may have concern of road vacation • E1==E5„>Legal Descriptions of parcels RECEIVED MAR 0 4 2019 MASON COUNTY MASON COUNTY PUBLIC WORKS 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 roads, located in Lakewood Plats A, C. D. and F, as recorded in the Records of Mason County, Washington(see attached copies of Recorded Plats): Road Names: IN LAKEWOOD PLAT A Recorded on or about March 6, 1912, in Volume 2 of Plats, Page 29, Records of Mason County,Washington: PINE STREET, adjacent to Lots 41 and 42 of Block 6. IN LAKEWOOD PLAT C3 Recorded on or about April 9, 1912, in Volume 2 of Plats, Page 30,Records of Mason County,Washington: FIRST AVENUE between YEW and LAKE STREETS,inclusive; SECOND AVENUE between YEW and LAKE STREETS, inclusive; THIRD AVENUE between PINE and LAKE STREETS,inclusive; YEW STREET, adjacent to Lots 1 through 12, inclusive,of Block 2,and Lots 29 through 40, inclusive, of Block 1; YEW STREET, adjacent to Lots 1 through 8, inclusive, of Block 8, and Lots 24 through 31, inclusive, of Block 7; SPRUCE,MADRONA,EVERGREEN, and LAKE STREETS,in their entirety. IN LAKEWOOD PLAT, Recorded on or about June 6, 1912,in Volume 2 of Plats, Page 27,Records of Mason County, Washington: ALL STREETS IN PLAT: THIRD, FOURTH AND FIFTH AVENUES; YEW, SPRUCE,MADRONA,EVERGREEN, and LAKE STREETS,in their entirety. IN LAKEWOOD PLAT F,Recorded on or about March 4, 1913, in Volume 2 of Plats, Page 25,Records of Mason County, Washington: BROOK, CANAL, PARK,and LANE STREETS, and SIXTH AVENUE,wherever adjacent to Blocks 4, 5, 6, 10, 11 and 12,in their entirety. (Note: a Section Map on file with the Mason County Auditor indicates that these streets are already"VACATED,"but I cannot find any separately recorded documents or County Ordinances to support this). Exhibit A-Pg.1 Road Numbers: N/A Description of road right of way to be vacated: IN LAKEWOOD PLAT A,Recorded on or about March 6, 1912,in Volume 2 of Plats, Page 29,Records of Mason County,Washington: PINE STREET,adjacent to Lots 41 and 42 of Block 6. IN LAKEWOOD PLAT C.Recorded on or about April 9, 1912,in Volume 2 of Plats, Page 30,Records of Mason County,Washington: FIRST AVENUE between YEW and LAKE STREETS, inclusive; SECOND AVENUE between YEW and LAKE STREETS,inclusive; THIRD AVENUE between PINE and LAKE STREETS,inclusive; YEW STREET,adjacent to Lots 1 through 12,inclusive, of Block 2, and Lots 29 through 40,inclusive,of Block 1; YEW STREET, adjacent to Lots I through 8,inclusive, of Block 8,and Lots 24 through 31, inclusive,of Block 7; SPRUCE,MADRONA,EVERGREEN, and LAKE STREETS, in their entirety. IN LAKEWOOD PLAT D,Recorded on or about June 6, 1912, in Volume 2 of Plats, Page 27,Records of Mason County,Washington: ALL STREETS IN PLAT: THIRD, FOURTH AND FIFTH AVENUES; YEW, SPRUCE, MADRONA,EVERGREEN, and LAKE STREETS,in their entirety. IN LAKEWOOD PLAT F,Recorded on or about March 4, 1913, in Volume 2 of Plats, Page 25,Records of Mason County,Washington: BROOK, CANAL,PARK, and LANE STREETS,.and SIXTH AVENUE,wherever adjacent to Blocks 4, 5, 6, 10, 11 and 12, in their entirety. (Note: a Section Map on file with the Mason County Auditor indicates that these streets are already"VACATED,"but I cannot find any separately recorded documents or County Ordinances to support this). Plat Name: SEE ABOVE Recording Date: SEE ABOVE Sections: 12 and 13 Township: 22 North Range: 2 West of W.M. 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. PETITION FOR VACATION OF COUNTY ROAD Exhibit A-Pg.2 II 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: LEGAL DESCRIPTION OF NAME/ADDRESS/SIGNATURE PROPERTY/PARCEL# PHONE Tru North Investments,LLC Lots 13, 14,41,42,Block 6, c/o 1 Roy Kadoun,Managing Member Lakewood Plat A,Vol.2 David J 10441 Case Road SW, Of Plats,Page 29 Britton, Olympia, WA 98512 253-383- X 71.13 Tru North Investments,LLC Lots 10-13,23,26,37-40, c/o 2 Roy Kadoun,Managing Member Block 1;Lots 1-4,7-12, 17-28, David J 10441 Case Road SW, 32-40,43-56,Block 2;All of Britton, Olympia,WA 98512 Block 3;All of Block 4,except 253-383- Lots 41-44;All of Block 5;All of 7113 Block 6;Lots 1,4, 13-23,24-31 Of Block 7;All of Block 8;All of Block 9, except Lots 36-39;All of Block 10;All of Block 11;All of X Block 12,Lakewood Plat C, Vol. 2 of Plats,Page 30 Tru North Investments,LLC All of Block 1;All of Block 2; c/o All of Block 3,except Lots 29-36 David J 3 Roy Kadoun,Managing Member And 51-52;All of Block 4;All of Britton, 10441 Case Road SW, Block 5 except Lots 37-40;All of 253-383- Olympia, WA 98512 Block 6; All of Block 7;All of 7113 Block 8; All of Block 9,except Lots 24-27;All of Block 10, except Lots 1-4;All of Block 11; All of Block 12,Lakewood Plat D,Vol.2 of Plats,Page 27 X Tru North Investments,LLC Lots 19-28,47-56,Block 4;Lots c/o 4 Roy Kadoun,Managing Member 19-28,47-56,Block 5;Lots 19-24 David J 10441 Case Road SW, 11-20,24-31, 34-43,Block 10; Britton, Olympia,WA 98512 All of Block 11;All of Block 12, 253 383- Except Lots 1-2,40-43, 7113 Lakewood Plat F,Vol.2 of Plats, X Page 25 (NO Additional petitioners are listed: Petitioner is the sole owner of a majority of the street frontages for which vacation is requested.) Exhibit A-Pg.3 PETITION FOR VACATION OF COUNTY ROAD Page 3 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 five years following recording of the plat: N/A. The Plats hi question were all recorded between March 6, 1912 and March 4, 1913. 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: The real property in question currently consists of undeveloped forest land and clear-cut, and is completely devoid of roads of any kind. None of the"streets"and"avenues" platted out by the developers of Lakewood Plats A-F in 191.2-13 was ever actually built, with the exception of a small,unpaved portion of Olympic View Drive in Lakewood Plat A that does not serve any of the property owned by Petitioner Tru North Investments. Moreover,the currently platted street system is completely obsolete, and would not be accepted for inclusion in the County road system if built out as currently platted. Each of the street rights-of-way as platted in Lakewood Plats A-F is 40' wide. Mason County Road Commission design standards for all County streets and roads, (Section IV(C)(2), Page 7),require that County street or road rights-of-way be no less than 66 feet wide. Even as purely private roadways,especially given the hilly terrain,40' wide streets would likely present problems for utility and emergency vehicle access. Petitioner proposes to vacate the streets as currently platted, and employ more modern and appropriate County street design standards for any new street or road system serving the property. To the extent the affected property is to be developed for use by the public,the public would obviously benefit from redesigned roadways that conform to modem design standards. V That this road vacation is requested for the following purpose: Petitioner Tru North Investments, LLC has purchased the parcels of real property legally described in Section Il, above,for purposes of real estate development. As explained above,the property cannot be developed by building out the street system originally platted in 1912-13,because the streets as now platted, at 40' wide, (even though they were dedicated to the County at the time the Plats were recorded'),would not meet current County design standards. Building out the streets as currently platted would certainly present problems for utility and emergency vehicle access as well, and seems totally inappropriate, given the rugged terrain and the large number of individual building lots as currently platted(generally 12 blocks per Plat at 46 lots per block). Petitioner See the Dedications on the face of each individual Plat:such dedications to"the public"of private property specifically for use as streets,roads or(in this case)"hijhways,"contained in a plat approved by a local jurisdiction,are deemed to be dedications of easements to that local jurisdiction,for the specified use. Kielv v. Graves, 173 Wn.2d 926,932-34,271 P.3d 226(2012). Exhibit A-PgA PETITION FOR VACATION OF COUNTY ROAD Page 4 requests the street vacations set forth in this Petition as a first step toward development of its private property in conformity with Mason County land use and design standards. VI That this petition is accompanied by a deposit in the stun of Five Hundred Dollars ($500.00),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. RESPECTFULLY SUBMITTED this day of March,2019. TRU NORTH INVESTMENTS,LLC ROY KADOUN,Managing Member 10441 Case Road SW, Olympia,WA 98512 BRITTON LAW OFFICE, PLLC DA BRITTON,WSBA#31748 Attorney for Petitioner TRU NORTH INVESTMENTS,LLC 535 Dock Street, Suite 108 Tacoma,WA 98102 Exhibit A-Pg.5 PETITION FOR VACATION OF COUNTY ROAD Page 5 MASON COUNTY PUBLIC WORKS DEPARTMENT OF PUBLIC WORKS MUNIS VENDOR#1925 100.W PUBLIC WORKS DRIVE SHELTON,WA 98584 (360)427-9670 Receipt No: 03904 Date: 03/04/2019 Payment Type: Check#3825 Name: BRITTON LAW OFFICE Description Amount ROAD VACATION 500.00 TOTAL $5.00.00 Receipted by: Medcalf, Kelle R. Exhibit A-Pg.6 T .a : . �a ITf a;as� L s 5ti a' gg ` P'* ..y. i "� �.'� ;a ; `a•. e k `p r? a aa '£„r°.. 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'Si` •<<a:.3 �aiP 'yx a, 3: i `s;' ";.; "K ?3: a i t s, ;,, ,^'v"�, r , �`+ � �.�� .'r��SF� 'a � 4a� ""X�,: ` ,�a• 'S `�. aid '� TS �, � „p K `b�"-� 'Wk� �.f rt "4`ary +"`� ':. C"' 3` "'a`� �^'s", F �,s .:r ,ic$ ♦" a` 4a^xwa aa�."4 t a«` y �� n "S �, :~ik. ; +. t 4-"a'axas 'ad *..'k'ix t r o w ;a r xA "Kul A g a � a+ , . t .� i = a Mks g � ��6,� �, •, } S»+` s''..*riti fit,' ,a Mv 17 so ' yamS � �`` tis• '"awasy i ,.N .V i 2105051 MASON CO WA 0...5r2019 t l:19 P11 5110 AFTER RECORDING MAIL TO: 0,LYMPI0 TITLE COMPNNY 0121142 aec Foe: $102 CC Pages 4 IIIII�IJIIII�CIlIIIIIIIII�Iillll{illQllllllllllll���lllll�lhlll ClarenceD.Kadoun 40 SE Mell Road Shelton,WA 98584 AFFIDAVIT No..�?`,�, y WA R.E. EXCISE TAX JAN 15 2019 Filed for Record at Request of: PAID �� OD Olvmple Title and Escro» Escrow No.:01NI-12591-SB LISA FRAZIER Treasurer Mason County Statutory Warranty Deed THE GRANTOR Shelton Auto Loan Co., a Washington corporation lhr and in consideration of TEN DOLLARS AND OTIIER GOOD AND VALUABLE CONSIDERATION in hand paid,conveys and warrants to Tru North investments, LLC, a Washington limited liability company the following described real estate, situated in the Cpunty of Mason. State of Washington. Abbreviated Legal:PINS 01-LAKE WOOD PLAT A,C,D.F,G&L PTS OF SE('TIONSI2&13 T22N R2W For Full Legal See Attached Exhibit"A" Subject to:As fully described on Exhibit"A"attached hereto and made a part hereof Tnx Parcel Number(s):122.08-5 0-03 049,22212-50-06013,22 2 1 2-50-0604 1,2 22 1 2-52-0 10 1 0,22212-52-01013, 22212-52-01023,22212-52-01026,22212-52-01037,22212-52-02001,22212-52-02007,22232-52-02017, 22212-52-02033,22212-52-02045,22212-52-03001,22212-52-03017,22212-52-03037,22212-52-03041, 22212-52-04001,22212-52-04025,2Z212-52-04045,22212-52-04047,21212-52-05001,22212-52-06001, 22212-52-67001,22212-52-07004,22212-52-07013,22212.52-07024,22212-52-07028,22212-52-0704D, 22212-52-08001,22212-52.090D1,22212-52-09013,22212-52-09017,22212-52-09040,22212-52-10001, 22212-52-11001,22212-52-12001,22212-53.01001,I2212-53-02001,222I2-53-03001,22212-53-03037, 2221Z-53-03053,22212-53-04001,22212-53-05001,22212-53-05041,22212-53-05042,22212-53-06001, 22212-5347001,22212-53-07012,22212-53-07032,22212-53-07034,22212-53-011001,22212-53-08005, 22212-53-08024,22212-53-08032,22212-53-09001,22212-53-D9016,22212-53-09029,22212-53-09036, 22212-53-09039,22212-53-10005,22212-53-IOD43,22212-53-11001,22212-53-11009,22212-53-11017, 22212-53-11024,22212-53-11040,22212-53-12001,22212-53-120D5,22212-58-00011,22213-11-00010, 22213-50-11021,22213-50-11044,22213-50.12003 Dated J"- q,got? Shelton Auto Loan Co. LL By:Patricia M.Borst-Presldeni STATE OF �1�O�Y11r4t�GW� ) COUNTY OF 1 certiry that I know or have satisfactory evidence that Patricia M.Borst arc thc'person(s)who appeared before me,and said persons)acknowledge that R/x�r 1[n signed this instrument,on oath stated islnre authorized 11 cxccute the instrument and acknowledge that as the President ofShelton Auto Loan Co. to be the free and voluntary act of such party(ics)I'or the uses and purposes mentioned in this instrument. Dated- Cf�ti. 7t��l ttrt�� , i d fah State�,i Notary Public n and the tae o Ulct W�i�Y1^A-M ♦,o�Ci �(_ i Residing at y AY-1111A Q' `9 viy appointment expires: � LPA IO-05(id)� 200864 Papelof4 r msk�'Vvi ttnnnut Exhibit A-Pg.8 EXHIBIT A PARCEL L Lots 49 through 52 inclusive,Block 3; of Lakewood Addition Plat G, as per plat recorded in Volume 2 of Plats, page 24, records of Mason,County,Washington. PARCEL 2: Lots 13, 14,41 and 42,Block 6,of Lakewood Addition Plat A,as per plat recorded in Volume 2 of Plats,page 29,records of Mason County,Washington,except road rights of way. PARCEL 3: Lots 10 through 12 inclusive, Lot 13,except the North 7 feet thereof,Lot 23,except the North 1 I feet thereof, Lot 26,except the North 4 feet thereof and except the South 21 feet thereof,Lot 37 through 40 inclusive,Block I; Lots 1 through 4 inclusive, Lots 7 through 12 inclusive, Lots 17 through 28 inclusive, Lot 33 through 40 inclusive and Lots 45 through 56 inclusive,Block 2; Lots I through 56 inclusive,Block 3; Lola I through 40 inclusive,Lots 45 through 56 inclusive,Block 4; Lots 1 through 56,inclusive,Block 5; Lots I through 28 inclusive,Block 6; Lot I,except the South 3 feet thereof,and except the North 22 feet thereof,Lot 4,except the South 10 feet thereof,and except the North 15 feet thereof,Lots 13 through 31 inclusive,Lots 40 through 46 inclusive,Block 7; Lots I through 46 inclusive,Block 8: Lots l through 35 inclusive,Lots 40 through 46 inclusive,Block 9; Lots I through 46,Block 10; Lots I through 46,Block 11: Lots I trough 23 inclusive,Block 12; Of Lakewood Addition Plat C. as per plat recorded in Volume 2 of Plats, page 30, records of Mason County,Washington. PARCEL 4: Lots I through 56 inclusive,Block l; Lots I through 56-inclusive,Block 2; Lots I through 28 inclusive.Lots 37 through 50 inclusive,Lots 53 through 56 inclusive,Block 3; Lots 1 through 56 inclusive,Block 4; Lots I through 36 inclusive,Lots 41 through 56 inclusive,Block 5: Lots I through 28 inclusive.Block 6; Lots I through 46 inclusive,Block 7; Lots I through 46 inclusive,Block 8; Lots I through 23 inclusive,Lots 28 through 46 inclusive,Block 9; Lots 5 through 46 inclusive,Bock 10; Lots 1 through 46 inclusive,Block 11: Lots I through 23 inclusive,Block 12; Of Lakewood Addition Plat D, as per plat recorded in Volume 2 of Plats, page 27, records of Mason County,Washington. PARCEL 5: Vacated Lors 19 through 28 inclusive,Lots 47 through 56 inclusive,Block 4; Vacated Lots 19 through 28 inclusive.Lots 47 through 56 inclusive,Block 5; Vacated Lots 19 through 24 inclusive, lots 26 through 28 inclusive,Lots 29 to 46 inclusive,Lots 47 through 56 inclusive,Block 6: Vacated Lots I through 5 inclusive, Lots 1 I through 20 inclusive, Lots 24 through 31 inclusive, Lots 34 through 43 inclusive,Block 10; Vacated Lots 1 through 20 inclusive,Lots 24 through 43 inclusive,Block 1 I; Vacated Lots 5 through 39 inclusive,Lots 44 through 46 inclusive,Block 12; LPn tan<.t1-p Pagc 2 of 2105051 Page 2 of 4 01/15/2019 11:19:08 AM Mason County,WA j Exhibit A-Pg.9 Together with those portions of vacated streets abutting said properly which would attach by uperation of law; Lnts 21 through 23 inclusive and Lots 44 through 46 inclusive,Block t l: Lots 3 and 4.Block 12; of Lakewood Addition Plat F, as per plat recorded in Volume 2 of Plats, page 25, records of Mason County,Washington. PARCEL 6: That portion of Tract 2A,of Lakewood Addition Plat L,as per plat recorded in Volume 4 of Plats, page 12,records of Mason County,Washington,lying Southerly of State Highway No 14,Except road rights of way. SUBJECT TO THE FOLLOWING: 1. Any claim to(a)ownership of or rights to minerals and similar substances,including but not limited to ores,metals,coal,lignite,oil,gas uranium,clay,rock,.sand,and gravel located in, on,or under the Land or produced from the Land,whether such ownership or rights arise by lease.pant,exception,conveyance,reservation,or otherwise;and(b)any rights,privileges, inuuunitics,rights of way,and easements associated therewith or appurtenant thereto,whether or not the interests or rights excepted in(a)or(b)appear in the Public Records. 2. .Any and all offers of dedications,conditions,restrictions,easements,boundary discrepancies or encroachments,notes and/or provisions shown or disclosed on the face of Lakewood Addition Plat A recorded in Volume 2 of Plats at page(s)29. 3. Any and all offers of dedications,conditions,restrictions,easements,boundary discrepancies or encroachments,notes and/or provisions shown or disc losed on the face of Lakewood Addition Plat C recorded in Volume 2 of Plats at pagc(s)30. 4. Any and all offers of dedications,conditions,restrictions,easements,boundary discrepancies or encroachments,notes and/or provisions shown or disclosed on the face of Lakewood Addition Plat D recorded in Volume 2 of Plats at page(s)27. 5.. Ainyand all oilers of dedications,conditions,restrictions,easements,boundary discrepancies or encroachments,notes avid/or provisions shown or disclosed on the face of Lakewood Addition Plat F recorded in Volume 2 of Plats at page(s)25. 6. Any and all offers of dedications,conditions,restrictions,casements,boundary discrepancies or encroachments,notes and/or provisions shown or disclosed on the face of Lakewood Addition Plat G recorded in Volume 2 of Plats at page(s)24. 7. Any and all offers of dedications,conditions,restrictions,easements,boundary discrepancies or encroaclunents,notes and;or provisions shown or disclosed on the face of Lakewood Addition Plat L recorded in Volume 4 of Plats at page(s) 12. K. Conditions,notes,casements,provisions and/or encroachments contained and/or delineated on the('ace of the survey recorded under Mason County Recording No.491945. Affects: Parccl6 I.PB 2105051 Page 3 of 4 01/15/2019 11:19:08 AM Mason County,WA Exhibit A-Pg.10 I 10. Reservations contained in instrument. Recorded: May 2, 1990 i Recording No.: 508067 As follows: Excepting timber thereon it. Conditions,notes,easements,provisions and/or encroachments contained and/or delineated on the face of the survey recorded under Mason County Recording No.578106. Affects: Parcel 12, Provisions of the articles of incorporation and by-laws of the Lakewood Heights Homeowners Association and any tax,fee,assessments or charges as may be levied by said association. 13.Covenants,conditions,restrictions and/or easements;but deleting any covenant,condition or restriction indicating a preference,limitation or discrimination based on race,color,religion, sex,handicap,family status,or national origin to the extent such covenants,conditions or restrictions violate 42 USC 3604(C). Recorded: June 13,1904 Recording No.: 589609 14. Loss or damage by reason that there appears to exist no insurable right of access to and from ` the land herein described to a public right-of-way.Unless this matter is solved to the I satisfaction of the company,the forthcoming policy/endorsement will contain an exception to coverage for loss or damage by reason or lack or a right of access to and from the land. NlT/q! Affects: Parcel i InitialL Initial I 2105051 Page 4 of 4 01/15/2019 11:19:08 AM Mason County, WA Exhibit A-Pg.11 \17TAI CCC1 DAj)�;l0r 2 e ' r rt wit h 4°a• AW. m.✓ .}+i _� �`�`, ,..4 ibc i"�ro 4 At r _ - i "C -�. { Y`t E.Olyr^7icYbaweStT { "• r ,*� � -k, �.,,.etas�s.,, �� , � x :�-. a..a^* ,3 ("fig • ! `sue .�'R :o.. 3E',f �,�`" .. R r r ' ♦, f '"y- +k � ,�,�t• N�`'a"s a t� ,. :"� -'tis .-+ g r nor �.,F"'r'` ,�., ��, t`x — - y too- ''� a .. �` /i Kh�`V'�"vs' p✓••�' rEa w *." �3 M `.er �, ; '" *+. . .w.- � r ^1v: .>.:. `wr{' "`�'. ,P?L.`-ae<a.. ...4✓ 4- -�l.t. +,.-�%`x4 ..� �, '^� 1-1` t TWA V to n lot aria �o- ■ tt } y{�- r , -FF _�!�`ems^'� l 4 x'&u-w�`t� t�7 �';.➢'h ia} �II..'�` .ttl7,�d:(a �7..r - r� �.t�-� ��"+ �,ei��.` 2bra� x<: ��4,,�,Z��tyrFJ��tY,�' � . 1 zC~ '`,L' - $p fit:; t n-r7 S' '.a L .3',.'-' fic r✓ .$.� jdvIa'�� fsn t ,a x tX r Yf t;,�' �'u�'� �,.•'c'.. ,� k. x .ri if <.- .f.. r i.r � ��.� u� �:.•,W a r �d�r-'> xc , � c - • 1 I z 4 Looking East from"Hydrangea Hill Rd.;" View into Lakewood Plat C from West Edge of Plat. Exhibit A-Pg.14 +•~-. ..c,• x •='� `. Sc r�� 'i i.,�"av�a. $i"5. ,f �Y'•} f ,.kJ- s _1 r,2.. P f } �.' I .�••�,+ryd � 1 "" k... Yvi, ` ' .. .L�'�'t"..y t`•9r �s } .'•t t� J 41,- ��Y ,.<.� r`f : "itfA�L�P � t�t � � 1�F' � „,•„y�s�at •},h a�`v',v�i �� - It :� ^' -5-�i h.,�',�, y. 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'j,'.o3 .. -..a•++ „' r _ s' '�- ".o••': q '""1 a. i Oil _ = s n sf(i tom - as vYf ae s, i w 7u r str 3 i ZA its . .r1 <':.k ti '+1 j. d vyt f e C�:•��, ,�.- �s k •:S.''°i�j�,'•c}� �.`•,, +tt='��. '.--� c�pfx t•4.$. "3: r • 3 •r.�'- s"� tr Y.i'+ -tea., !w='a^: i-,Fa+. 3-s r tr mac„. �E•'.: .s. z �., r �. .^ "^*t�p�r ��. k� �i�` S`3 ? 1 s ��"`�� �.•�t 't;�� .+'S _ !'� 7." " a`'••: 8 3 2-�'^ 'l_gt-• i.:lz �' -.r4n r'!�1 r qm`_,. +yy 49, 7,,VV _24, Flt ,'� `=7.� a`�, ,S `: ,.'• 'Y, `� _ '1,Y� �, � jRr w'$1 "' 'x ;y} „` �•`41x'A� °4 a .*vr 4� .S�te�rW F ,, u `: ,` tin+'�y�'� ��d 5" a F,.-t � Jt��,2�� •.,� r,. ry� i ��} ��,�°�y�y n 4 , Looking South from"Olympic View Drive" in Lakewood Plat A. View into South half of Plat A. Exhibit A-Pg.15 1 t \ I ` .u� y • t t� t �' �" y� :Qq�.3r� � .�N .� t r ��r`✓7� �`r '�' l�Is N r i a A.W 1 t < �Z Kc » n .r".�•�+ .tea �. Looking West down Olympic View Drive in Lakewood Plat A. This appears to be the only street in the Lakewood Plats that was ever(partially)built out. Exhibit A-Pg.16 i i { xr Wd;t Looking South into Lakewood Plat D from a clearcut near the South edge of Lakewood Plat A. There is no vehicular access to this area. Exhibit A-Pg.17 .y riff e` Jr a �t ,'_KN r"Zf � ��� r,,�vxa s4 oaf .' �� s Fas�tt,,/ � •;.sty �' ��".i-c� fit. x n' =r o ., o• �'i .#i ;At Looking West from clearcut near South edge of Lakewood Plat A. Part of this area appears to have been logged off years ago, but there is no vehicular access now. Exhibit A-Pg.18 v 222125006013 >C , Show search results for 22212... t � v Li --r r ' t � 0 _ t " � t , t S - t a 11�8 ch I?i . LE=± EIEE if IF II' 40oft Exhibit A-Pg.19 t t ,t*x'K a r f .'.• 'fe �..wa 7' z�_° ^{c �,dk r,, t a'k• cis.' ." S x-i x ` +Y "^. F i L 4°.' `•.ta R sc�l�"11 ?i -'ice" w:'a t d` t ,,,` ��., 1 a t ; i `:`w f t ' Fi U -c 7" Y" ✓ -P s �F f n. ate' f ¥ �' t } i ..�, , E ! 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YS 637y - ' a IS ' r e AAgl 1 /7P/7D / 213 fi �V / ? 39J67 P 9ro �9 /6/ O 1 Exhibit A-Pg.26, PETITIONER'S AMENDMENT TO NIASON 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 95584 TRU NORTH INVESTMENTS, LLC,being the owner of the majority of the frontage of the below-described county road, hereby AMENDS its Petition to the Board of Mason County Commissioners for vacation of the County roads described in our Petition as originally submitted to the Public Works Department on March 4,2019. PETITIONERS HEREBY AMEND AND SUPPLEMENT THEIR PETITION AS FOLLOWS: I It has been brought to the Petitioner's attention that the County's approval of the Petition as currently stated would result in a denial of legal access(ingress and egress) to the owners of eleven (11)small parcels in Lakewood Plats C and D. These eleven(11) parcels are not owned by the Petitioner. It was never the Petitioner's intent to create landlocked parcels. Petitioner therefore AMENDS and supplements its Petition as follows, to correct this discrepancy and ensure legal access to the eleven potentially landlocked parcels not owned by Petitioner. II Petitioner believes it would be counterproductive to scale back the vacation request by decreasing the number and/or footage of streets to be vacated,since to do so would be to divide up the plats again and make it difficult if not impossible to come up with a logical street system in any future plat or MPD application. There are only a small number of these potentially landlocked parcels left; Tru North Investments has purchased two parcels (Block 4,Lots 41-44 and Block 10,Lots 1-4 of Lakewood Plat C) not included on our original Petition, and efforts continue to purchase the remaining parcels wherever possible. III Petitioner Tru North Investments, LLC therefore promises and undertakes, as a condition of the County's approval of its Petition, to grant express, recorded, nonexclusive easements for ingress and egress to each of the potentially landlocked property owners in Lakewood Plats C and D, as identified in the attached draft Grants of Easement,which are incorporated into this Amendment by reference. These grants of nonexclusive easements for ingress and egress will provide all potentially landlocked owners with a legal right of ingress and egress over and across certain legally Exhibit B-Pg.1 described property owned by Tr i North Investments.LLC. The effect will be to provide the same legal access to these parcels as their owners currently enjoy. IV Connecting these property owners to any eventual street grid proposed and built by Petitioner is something the parties can voluntarily agree upon when the time comes to plat a development,if the parcels have not been purchased outright by Tru North htvestments. Any properly owners who still otcn any of the eleven(11)parcels identified in the.attached draft Grants of Easement would have the choice of either retaining the legal access granted by those easements,or voluntarily agreeing to connect to Petitioner's street system on terms to be voluntarily agreed to by the parties.Because these easements will run with the land and be binding on successors in interest,any eventual re-plat or MPD will of course have to take these easements into account,unless the parties can voluntarily agree to extinguish them in exchange for physical access to the new road system. The anticipated easements are legally described in the attached draft Grants of Easement. DATED this day of (7�L� ,2019. TRU NORTH INVESTMENUS,LLC ROY KAJOLN1 ,Managing Member 10441 Case Road SW Olympia,WA 98512 BRITfON L W OFFICE.PLLC 4— & - DkVID J.BRITTON,WSBA 4 31 748 Attorney for Petitioner TRU NORTH 11}�'ESTi%,'fE\7S.LLC 535 Dock Street.Suite 108 Tacoma,WA 93402 i AMEND,IMENT TO PETITION FOR ROAD VACATION Page Exhibit B-Pg.2 2132356 MASON GO WABRITTONLAW9140114 RecMF..: S104.50 Pages: 2 AFTER RECORDING FAIL TO: 1I111111 Till 11111111111111111111111111111611111111p1111111111111111iii111 { Britton Law Office PLLC 535 Dock Street,Suite 108 FFIDAVIT Tacoma,WA 98402 o i O A R.E. EXCISE TAX i JUN 12 2020 EXEMPT LISA FRAZIER Treas., Mason County Grantor: TRU NORTH INVESTMEN LC ' Grantees: RICHARD A.SLUNAKER Legal LOTS 29-32, BLOCK 1, LAKEWOOD ADD PLAT C,AS REC IN VOL 2 OF PLATS, PAGE 30, RECORDS OF MASON COUNTY Parcel ID: 22212-52-0102 Full Legal: PAGE 1 BA MEN T FOR INGRESS, EGRESS, C J TR PION AND MAINTENANCE OF ROADWAY THE GRANTOR, 0 NVESTMENTS, LLC, a Washington Limited Liability Company, the owner of the r� �grope ty hereinafter described,for and in consideration of mutual benefits, does hereby dr�r�t�ur�7at GRANTEE, RICHARD A.SLUNAKER,a nonexclusive perpetual easement f ingbe� ared egress,and construction and maintenance of an access roadway, over and across he llov g legally described portion of Grantor's real property in Mason County, Washingt LOT 7-y1�Asti- 2-40 OF BLOCK 2,TOGETHER WITH VACATED PORTION OF YEW S R F,TADJACENTTO SAID LOTS 7-12; LOTS 11-12, 39140 OF BLOCK 3; LOTS 11-12,39- �CK 4,TOGERTHER WITH VACATED PORTION OF MADRONA STREET TO SAID LOTS 11-12;ALL IN LAKEWOOD ADDITION PLAT C,AS RECORDED IN VOLU E 2 OF PLATS, PAGE 30, RECORDS OF MASON COUNTY,WASHINGTON. i er Grantor, nor any of its heirs,successors or assigns shall place, plant or construct any ermanent structures in, upon or under the above-described easement area,except for roadways sidewalks,and then only in such a way as not to obstruct or otherwise interfere with Grantee's easement rights as granted herein. The terms and condition of this Easement shall constitute real covenants that run with the land and are binding upon heirs, successors and assigns, TRU NORTH INVESTMENTS, LLC J - Za ROY KADOUN,Managing Member Date I s , Exhibit B-Pg.3 f STATE OF WASHINGTON ) ss. COUNTY OF MASON ) O i I certify that I know or have satisfactory evi tha OY KADOUN is the person who appeared before me, and said person acknowledg on o th he is the Managing Member of i TRU WEST INVESTMENTS, LLC, and.as such is thoriz o execute the within and foregoing instrument;and that he signed this instrumen9n-.t , and acknowledged it to be his free and voluntary act.and deed for the uses an r ose herein mentioned. Given under my hand and official s his 1 day of 1200. 1\1\�ilttlih111111///j �`�?�'�-1'J ��1. M. E /iyii �PN'Nfl NOTARY PUBLIC in and for the State of , shington, residing at I l/-'Jv S-�-- c J. Ltl � = : r� yCommissian expires �C] o /`/01/1' / 1f01llllttr� �\\ i i i i I i t i i V32356 Page 2 of 2 06/1212020 '10:34:27 AM Mason County, WA Exhibit B-Pg.4 2132357 MASON CO WA 1RSMT AFTER RECORDING MAIL TO: BRITTO4PI{LR+7 s4otsa Rno Fan: $tD4.50.Pa9es: 2 Britton Law Office PLLC fllllllllllllllll�llf l�IIIII1�I1111111111f11111N11111111111111I11lt11111InIII 535 Dock Street,Sulte 108 �FIDAVIT Tacoma,WA 98402 OWA R.E. EXCISE TAX I JUN 12 2020 EXEMPT !; LISA FRAZIER Treas., Mason County Grantor: TRU NORTH INVESTMENTS,�� Grantees: NANCY K, (BAILEY)BESS;PATRICIA B. KENNEY; MARTIN J. KENNEY ? Legal LOTS 24-27, BLOCK 9, LAKEWOOD ADD PLAT D,AS REC IN VOL 2 OF PLATS, PA E 27, RECORDS OF MASON COUNTY Parcel ID: 22212-53-0902 Full Legal: PAGE 1 1 LMENT FOR INGRESS, EGRESS, CONSTRUC11ON AND MAINTENANCE OF ROADWAY THE GRANTOR,��U NO INVESTMENTS, LLC, a Washington Limited Liability Company, i the owner oft ea p�Wop..e i hereinafter described,for and in consideration of mutual benefits, does hereby gra Q��tlTe GRANTEES, NANCY K. (BAILEY)BESS, PATRICIA B. KENNEY, AND MAV'NPrIK �f�(NEY,AS JOINT TENANTS WITH RIGHTOFSURVIVORSHIP,a nonexcl etua easement for ingress and egress, and construction and maintenance of an ac. s�o ay, over and across the following legally described portion of Grantor's real pro rty i• aso County,Washington: �S 7� AND 32-40 OF BLOCK 2,TOGETHER WITH VACATED PORTION OF YEW R JACENT TO SAID LOTS 7-12; LOTS 11-12, 39-40 OF BLOCK 3; LOTS 11-12, 39- 40 0 LOCK 4,TOGERTHER WITH VACATED PORTION OF MADRONA STREET DJA NT TO SAID LOTS 11-12;ALL IN LAKEWOOD ADDITION PLAT C,AS RECORDED IN E 2 OF PLATS, PAGE 30, RECORDS OF MASON COUNTY, WASHINGTON: GETHER WITH VACATED MADRONA STREET, FROM A LINE BETWEEN THE SW CORNER OF LOT 39, BLOCK 3,TO THE NW CORNER OF LOT 11,BLOCK 4, LAKEWOOD ADDITION PLAT C, EASTWARD TO A LINE BETWEEN THE SE CORNER OF LOT 39, BLOCK 9,TO AND THROUGH THE EAST BOUNDARY OF SAID PLAT C; ALL IN LAKEWOOD ADDITION PLAT C, AS RECORDED IN VOLUME 2 OF PLATS, PAGE 30, RECORDS OF MASON COUNTY, WASHINGTON; TOGETHER WITH VACATED MADRONA STREET, FROM THE WEST BOUNDARY OF LAKEWOOD ADDITION PLAT D, EASTWARD TO A LINE BETWEEN THE SE CORNER OF ' LOT 27, BLOCK 9,AND THE NE CORNER OF LOT 4, BLOCK 10 OF SAID PLAT D; ALL IN LAKEWOOD ADDITION PLAT D, AS RECORDED IN VOLUME 2 OF PLATS, PAGE 27, RECORDS OF MASON COUNTY, WASHINGTON. Neither Grantor, nor any of its heirs, successors or assigns shall place,plant or construct any permanent structures in, upon or under the above-described easement area,except for roadways Exhibit B-Pg.5 i i or sidewalks, and then only in such a way as not to obstruct or otherwise interfere with Grantee's easement rights as granted herein. i The terms and condition of this Easement shall constitute real cove nts that run with the land and are binding upon heirs,successors and assigns, i TRU NORTH INVESTMENTS, LLC G is ZD ' ROY KA OUN,Managing Member Da STATE OF WASHINGTO ) ss. COUNTY OF MAS ) I certifgh t know have satisfactory evidence that ROY KADOUN is the person who. appeared be orb e, id person acknowledged on oath that he is the Managing Member of TRU WES ,tNVE=FS1rfENTS, LLC, and as such is authorized to execute the within and foregoing instrume an atAe�signed this instrument in that capacity, and acknowledged it to be his free and vo h�rry��ct and deed for the uses and purposes therein mentioned. II I 2� en' er my hand and official seal this I day of J L.lvtii ,20IS' r \�\�o��aNArUM�l�ir�r� ��'` � r •'c�,tiON hj�.� ?�i NOTARY PUBLIC in and fir the State of t r g Washington, residing at CD m _ My commission expires a- 3 q� Exhibit B- Pg.6 2132357 Page 2 of 2 06/12/2020 10:34:27 AM Mason County, WA 2132358 MASON CO WA 06(1212020 10:34 AM FASMT BR1TTON LAW #140114 Rac Foe: $104.50 Pages. 2 AFTER RECORDING MAIL TO: IIIiI�I IIIIII�IIlIIIIIIIII IIIIIIIIIIIIIIIII IIIilllllllllli>>IIIIIIIIIIIIIIIIDII Britton Law Office PLLC 535 Dock Street,Suite 108 Tacoma,WA 98402 � AVIT ...................... ........................ A R.E. EXCISE TAX JUN 12 2020 EXEMPT LISA FRAZIER Treas., Mason County Grantor: TRU NORTH INVESTMENT1LC� Grantees: CATHIE L.WAMSLEY; JACK BMW MSLEY; HAYDEN B.WAMSL.EY Legal LOTS 51-52, BLOCK 3, LAKEWOOD ADD PLAT D,AS REC IN VOL 2 i OF PLATS, PAGE 27, RECORDS OF MASON COUNTY i Parcel ID: 22212-53-0305 Full Legal: PAGE 1 � I CEMENT FOR INGRESS, EGRESS, I CON&T.UCTION AND MAINTENANCE OF ROADWAY ; THE GRANTOR,fUO H! VESTMENTS, LLC, a Washington Limited Liability Company, the owner of the rper hereinafter described,for and inconsideration of mutual benefits, does hereby g��"n L� b-th RANTEES, CATHIE L. WAMSLEY,JACK B.WAMSLEY,AND i HAYDEN B AiV1 L ,AS TENANTS IN COMMON, a nonexclusive perpetual easement for in an eg, s,bo construction and maintenance of an access roadway,over and across the fol g 1 ally described portion of Grantor's real property in Mason County,Washington: I LO -1, A Q 2-4d OF BLOCK 2,TOGETHER WITH VACATED PORTION OF YEW ST 1E7',ADJACENTTO SAID LOTS 7-12; LOTS 11-12, 39-40 OF BLOCK 3; LOTS 11-12, 39- I 4 BtQ CK 4,TOGERTHER WITH VACATED PORTION OF MADRONA STREET i A�J to:NPT0 SAID LOTS 11-12; ALL IN LAKEWOOD ADDITION PLAT C,AS RECORDED IN VOLU 2 OF PLATS, PAGE 30, RECORDS OF MASON COUNTY, WASHINGTON; f HER WITH VACATED MADRONA STREET, FROM A LINE BETWEEN THE SW ORNER OF LOT 39, BLOCK 3, TO THE NW CORNER OF LOT 11, BLOCK 4, LAKEWOOD DITION PLAT C, EASTWARD TO A LINE BETWEEN THE SE CORNER OF LOT 39, BLOCK 9,TO AND THROUGH THE EAST BOUNDARY OF SAID PLAT C; ALL IN LAKEWOOD ADDITION PLAT C,AS RECORDED IN VOLUME 2 OF PLATS, PAGE 30, RECORDS OF MASON COUNTY, WASHINGTON; TOGETHER WITH VACATED MADRONA STREET, FROM THE WEST BOUNDARY OF LAKEWOOD ADDITION PLAT D, EASTWARD TO A LINE BETWEEN THE SE CORNER OF LOT 27, BLOCK 9,AND THE NE CORNER OF LOT 4, BLOCK 10 OF SAID PLAT D; ALL IN LAKEWOOD ADDITION PLAT D,AS RECORDED IN VOLUME 2 OF PLATS, PAGE 27, RECORDS OF MASON COUNTY,WASHINGTON. Neither Grantor, nor any of its heirs, successors or assigns shall place, plant or construct any permanent structures in, upon or under the above-described easement area, except for roadways or sidewalks, and then only in such a way as not to obstruct or otherwise interfere with Grantee's easement rights as granted herein. Exhibit B- Pg.7 i The terms and condition of this Easement shall constitute real covenants that run with the land and are binding upon heirs, successors and assigns. TRU NORTH INVESTMENTS, LLC i -r J1 Z7 f ROY KADOUN, Managing Member ate i i l i i E STATE OF WASHINGTON ) J/ ss. COUNTY OF MASON I certify that I ki%q�or e satisfactoryevidence that ROY KADOUN is the person who appeared before mera.�a'Id on acknowldged on oath that he is the Managing Member of TRU WEST INVE$ NTS, , and as such is authorized to execute the within and foregoing instrument; and tY( t he sig, d this instrument in that capacity, and acknowledged it to be his free i and voluntary ct dee r the uses and purposes therein mentioned. GI un e . y hand and official seal this , day of U y\' .z� ,20 111111MlIllU(Ijl///�j�� N Qq{ NOTARY PUBLIC in and4qrthe State of v o� °' Washington, residing at t ►\.W*S Azy-; c�, . �C iAR} My commission expires =p1 Nz^ rrry.(,- i /l/111lIIIIIt4lt11 , i I i I I Exhibit B-Pg.8 2132358 Page 2 of 2 06/12/2020 10:34:27 AM Mason County, WA 2132359 MASON CO WA 05l12/2020 10:34 AM EASMT BRITiON LAW N14011 Rac Fee: $104.50 Pages: 2 AFTER RECORDING MAIL TO: IIII!III!Illllll119llllll1111111.�1 lullllllllIIII!lllf�l([III1111[Illllllllll!III Britton Law Office PLLC 535 Dock Street,Suite 108 Tacoma,WA 98402 A -' !DAVIT 0....."_77- ... A R.E. EXCISE TAX JUN 12 2020 EXEMPT LISA FRAZIER Treas. Grantor: IRU NORT INVESTMEN S.6LG )) Grantees: ,—r v-.a 0 Y. Lam.. ' Legal LOTS 41-44, BLOCK4, LAKEWOOD ADD PLAT C,AS REC IN VOL 2 OF PLATS, PAGE 30, RECORDS OF MASON COUNTY Parcel ID: 22212-52-04041 Full Legal: PAGE 1 EASEMENT FOR INGRESS, EGRESS, N •ION AND MAINTENANCE OF ROADWAY v ! THE GRANTOR, U NO TH INVESTMENTS, LLC, a Washington Limited Liability Company, the owner of t•e\r 1--pro hereinafter described, for and in consideration of mutual benefits, does hereb r t`unto the GRANTEE, a nonexclusive perpetual easemen •r%res�nd egress,and construction and maintenance of an access roadway,over and acr s t dfoilowi g legally described portion of Grantor's real properly in Mason County, • WasF}irlgtorl L. 7 AND 3240 OF BLOCK 2,TOGETHER WITH VACATED PORTION OF YEW i F< ADJACENT TO SAID LOTS 7-12; LOTS 11-12, 39-40 OF BLOCK 3;LOTS 11-12, 39- 6 CK 4,TOGERTHER WITH VACATED PORTION OF MADRONA STREET A A NT TO SAID LOTS 11-12;ALL IN LAKEWOOD ADDITION PLAT C,AS RECORDED IN VOL E 2 OF PLATS, PAGE 30, RECORDS OF MASON COUNTY,WASHINGTON. either Grantor, nor any of its heirs,successors or assigns shall place, plant or construct any -rmanent structures in, upon or under the above-described easement area,except for roadways or sidewalks, and then only in such a way as not to obstruct or otherwise interfere with Grantee's easement rights as granted herein. JThe terms and condition of this Easement shall constitute real covenants that run with the land and are binding upon heirs, successors and assigns. TRU NORTH INVESTMENTS, LLC 7�Z 1. I � ZD ROY KADOUN, Managing Member Date Exhibit B-Pg.9 STATE OF WASHINGTON ) } O ss, COUNTY OF MASON } I certify that I know or have satisfactory evil J hat k,,Y KADOUN is the person who appeared before me, and said person acknowledg on bo tha he is the Managing Member of TRU WEST INVESTMENTS, LLC, and as such is uthorizeyd�)o execute the within and foregoing instrument;and that he signed this instrumen ink (a ccapa fy,and acknowledged it to be his free and voluntary act and deed for the uses an rpose therein mentioned. Given under m hand and official se t 's ��y �� day of • Ll YL2 ,2019'l� I N¢'TARY PUBLIC in and the State of i \\ oN No ro,<� �% ashmgton, residing at I U�r'S 4�v? °ea �,9. D My commission expires 1 2— PUDII S !•o�RES: ili tt�i\ I i 2132359 Page 2 of 2 06/12/2020 10:34:27 AM Mason County, WA Exhibit B-Pg.10 i 2132360 MASON CO WA BRTT Pages: 2I 201 S AFTER RECORDING MAIL TO- BrittonBritton Law Office PLLC 535 Dock Street,Suite 108 Tacoma,WA 98402i R.E. EXCISE TAX JUN 12 2020 EXEMPT j LISA FRAZIER Treas.,Mason County i Grantor: TRU NORTH INVESTME LLC Grantees; KAI S. LINNE Legal LOTS 41-42, BLOCK 2, LAKEWOOD ADD PLAT C, AS REC IN VOL 2 I OF PLATS, PAGE 30, RECORDS OF MASON COUNTY j Parcel ID: 22212-52-0204 Full Legal: PAGE 1 /. " T FOR INGRESS, EGRESS CO STR\ETION AND MAINTENANCE OF ROADWAY THE GRANTOR, trf�U NO N"')NVESTMENTS, LLC, a Washington Limited Liability Company, the owner of the e� I prop r y hereinafter described, for and in consideration of mutual benefits, does hereby g,In ntc t e RANTEE, KAI S. LINNE, a nonexclusive perpetual easement for ingress and g��ss and-construction and maintenance of an access roadway, over and across the followi d I ally�escribed portion of Grantor's real property in Mason County,Washington: LOT r�D 32-40 OF BLOCK 2,TOGETHER WITH VACATED PORTION OF YEW . ST T Dy`� A`�ENTTO SAID LOTS 7-12; LOTS 11-12, 39-40 OF BLOCK 3; LOTS 11-12, 39- 40'R Q CK 4, TOGERTHER WITH VACATED PORTION OF MADRONA STREET AD�A F.�NT TO SAID LOTS 11-12:ALL IN LAKEWOOD ADDITION PLAT C,AS RECORDED IN j a OF PLATS, PAGE 30, RECORDS OF MASON COUNTY,WASHINGTON. i Neith Grantor, nor any of its heirs, successors or assigns shall place, plant or construct any ' erfnanent structures in, upon or under the above-described easement area,except for roadways or sidewalks, and then only in such a way as not to obstruct or otherwise interfere with Grantee's sement rights as granted herein. j The terms and condition of this Easement shall constitute real covenants that run with the land and are binding upon heirs, successors and assigns. 1 TRU NORTH INVESTMENTS, LLC —ta— ROY a1DOUN, Managing Member Date` ` i Exhibit B-Pg. 11 i i i 5 t i t STATE OF WASHINGTON ) i ss. COUNTY OF MASON ) O I 1 certify that I know or have satisfactory evid RIOY KAOOUN Is the person who appeared before me, and said person acknowled d on t��hat he is the Managing Member of TRU WEST INVESTMENTS, LLC, and as such i uthoriz - to execute the within and foregoing l instrument; and that he signed this instrument t. a� ify, and acknowledged it to be his free i and voluntary act and deed for the uses a ,parpos stein mentioned. I �a 2J Given under my hand and officialPekthis � � day of J "-e or, q:off �,oi^a, N9TARY PUBLIC in and for the State of ashington,residing at ` 'V-v ^% r My commission expires 3�a a3 N' vet ,�o,' � 1 f tt1t114 I E Exhibit 13- Pg. 12 2132360 Page 2 of 2 06112/2020 10:34:27 AM Mason County, WA 2132361 MASON CO WA RM EA5M7 AFTER RECORDING MAIL TO: SRITTOM LAW Rt 114 Roc Fea: $104.50 Page.: 2 Britton Law Office PLLC Ilillll�Inil!!I 1111111111111�1 l llll 11111111111111111111111111111111111111111111111111 ! 535 Dock Street,Suite 108 Tacoma,WA 98402 1 AVI N ! A XCISE TAX I i J 1� 2020 1 EMPT i FRAZIER \� - eas., Mason County Grantor: TRU NORTH IN `LL- ` Grantees: EUGENE H. BRAY ' Legal LOTS 5-6, BLOCK 2, LAKEWOOD ADD PLAT C,AS REC IN VOL 2 OF PLATS, PAq.E 30, RECORDS OF MASON COUNTY Parcel ID: 22212-52-0200 Full Legal: PAGE 1 "flS A EMENT FOR INGRESS. EGRESS,UO3.1ON AND MAINTENANCE OF ROADWAY THE GRANTOR, U NO INVESTMENTS, LLC, a Washington Limited Liability Company, the owner of tt�e e -1 opert hereinafter described, For and in consideration of mutual benefits, does herebgran he GRANTEE, EUGENE H. BRAY, a nonexclusive perpetual easement for ingres and�egr s� and construction and maintenance of an access roadway, over and across t �t0,0 '. 9 legally described portion of Grantor's real property in Mason County, Wash�iq^' t0',,ADJACENTTO on- L0�/TS�,7 AND 32-40 OF BLOCK 2, TOGETHER WITH VACATED PORTION OF YEW SAID LOTS 7-12; LOTS 11-12, 39-40 OF BLOCK 3; LOTS 11-12, 39- QCK 4, TOGERTHER WITH VACATED PORTION OF MADRONA STREET i ADJA NT TO SAID LOTS 11-12;ALL IN LAKEWOOD ADDITION PLAT C,AS RECORDED IN VOL E 2 OF PLATS, PAGE 30, RECORDS OF MASON COUNTY,WASHINGTON. Neither Grantor, nor any of its heirs, successors or assigns shall place, plant or construct any pirmanent structures in, upon or under the above-described easement area, except for roadways or sidewalks, and then only in such a way as not to obstruct or otherwise interfere with Grantee's easement rights as granted herein. / The terms and condition of this Easement shall constitute real covenants that run with the land i and are binding upon heirs, successors and assigns. TRU NORTH INVESTMENTS, LLC �2 c�2-- - (� - I f ROY I DOUN, Managing Member Date Exhibit B-Pg. 13 STATE OF WASHINGTON ) ss. COUNTY OF MASON I certify that I know or have satisfactory ev ' at -Y KADOUN is the person who appeared before me, and said person acknowled on as that he is the Managing Member of TRU WEST INVESTMENTS, LLC, and as such is horize to execute the within and foregoing ' instrument; and that he signed this instrume t''2ha y, and acknowledged it to be his free and voluntary act and deed for the uses an urpo7, "er' in mentioned. AD Given under my hand and official se fiis day of 20j2 8\1111114tlllflll/i///j///� �3�/ C VL-•{"rJ �� -0, oa No 0�9� OTARY PUBLIC in and the State of cQ{� JARV V • ashington, residing at Uv S100 Ao My commission expires OF till liltt i i i i I I if I Exhibit B-Pg. 14 2132361 Page 2 of 2 06/12/2020 10:34:27 AM Mason County, WA i I 2132362 MASON CO WA 06I1212920 10:34 AM EASMT BRITTON LAW OJ40114 Reo Fee: $104.50 Pages: 2 AFTER RECORDING MAIL TO: 111l11111111111111111111111111111IIIN 1111111111111111H 111111111111111011111 Britton Law Office PLLC 535 Dock Street,Suite 108 + Tacoma,WA 98402 AFFIDAVIT I O No....`............ ' WA R.E. EXCISE TAX JUN 12 2020 EXEMPT LISA FRAZIER i Treas.,Mason County Grantor: TRU NORTH INVESTMENT , Grantees: DONALD R. LEMASTER Legal LOTS 29-36, BLOCK 3, LAKEWOOD ADD PLAT D, AS REC IN VOL 2 OF PLATS, PAGE 27, RECORDS OF MASON COUNTY Parcel ID: 22212-53-030 Full Legal: PAGE 1 aC\ \ EMENT-EOR INGRESS EGRESS, STRU , tON AND MAINTENANCE OF ROADWAY THE GRANTOR, RU NOR H INVESTMENTS, LLC, a Washington Limited Liability Company, the owner of tKr k rop r y hereinafter described, for and in consideration of mutual benefits, does hereb . rapt u c�GRANTEE, DONALD R. LEMASTER, a nonexclusive perpetual easemen�ren rZ9 end egress, and construction and maintenance of an access roadway, over and acres th �Ilow�ing legally described portion of Grantor's real property in Mason County, Wash' {b . L ,- AN 32-40 OF BLOCK 2, TOGETHER WITH VACATED PORTION OF YEW STRE ADJACENT TO SAID LOTS 7-12; LOTS 11-12, 39-40 OF BLOCK 3; LOTS 11-12, 39- B1_ - K 4, TOGERTHER WITH VACATED PORTION OF MADRONA STREET ADJA NTTO SAID LOTS 11-12;ALL IN LAKEWOOD ADDITION PLAT C,AS RECORDED IN VOLU E 2 OF PLATS, PAGE 30, RECORDS OF MASON COUNTY, WASHINGTON; TOGETHER WITH VACATED MADRONA STREET, FROM A LINE BETWEEN THE SW ORNER OF LOT 39, BLOCK 3, TO THE NW CORNER OF LOT 11, BLOCK 4, LAKEWOOD ADDITION PLAT C, EASTWARD TO A LINE BETWEEN THE SE CORNER OF LOT 39, BLOCK 9,TO AND THROUGH THE EAST BOUNDARY OF SAID PLAT C;ALL 1N LAKEWOOD ADDITION PLAT C, AS RECORDED IN VOLUME 2 OF PLATS, PAGE 30, RECORDS OF ' MASON COUNTY,WASHINGTON; i TOGETHER WITH VACATED MADRONA STREET, FROM THE WEST BOUNDARY OF ' LAKEWOOD ADDITION PLAT D, EASTWARD TO A LINE BETWEEN THE SE CORNER OF LOT 27, BLOCK 9,AND THE NE CORNER OF LOT 4, BLOCK 10 OF SAID PLAT D;ALL IN LAKEWOOD ADDITION PLAT D, AS RECORDED IN VOLUME 2 OF PLATS, PAGE 27, I RECORDS OF MASON COUNTY, WASHINGTON. Neither Grantor, nor any of its heirs, successors or assigns shall place, plant or construct any j permanent structures in, upon or under the above-described easement area,except for roadways i Exhibit B-Pg. 15 or sidewalks, and then only in such a way as not to obstruct or otherwise interfere with Grantee's easement rights as granted herein. The terms and condition of this Easement shall constitute real cov i ants that run with the land and are binding upon heirs, successors and assigns. r TRU NORTH INVESTMENTS, LLC O - � i ROY D UN,Managing Member Q e i i i i i STATE OF WASHINGTON ) ss. COUNTY OF MA5 ) I certify tY� I know r have satisfactory evidence that ROY KADOUN is the person who appeared bef meld person acknowledged on oath that he is the Managing g g g Member m r of TRU WES TS,LLC, and as such is authorized to execute the within and foregoing instrum e an ha signed this instrument in that capacity, and acknowledged it to be his free and vol u ct and deed for a� the uses and purposes therein mentioned. 2D i van er my hand and official seal this S day of J L1V -.O- , 2Q:W \������111ti1tt�lllrlllii�i//// - 1 \S�oN Aja l,��/� NOTARY PUBLIC in and for the State of 1 :0 �p7AA` '�'�1 Washington, residing at .-T V`ufS i-z, CC). i0 My commission expires /lfJlNlllltlUl\1��� : Exhibit B- Pg. 16 2132362 Page 2 of 2 06/12/2020 10:34:27 AM Mason County, WA 2132363 MASON CO ESA 06112/2020 10:34 AM ERSilT AFTER RECORDING MAIL T0; BRITTON LAW 0140114 Roc ee. S104.50 Pages 2 Britton Law Office PLLC IIIIIIIIIlIIIII!!�IIIlRIdllllIIIIIIIIl IIIIlllillIIIIII1INICI!MIIII 535 Dock Street,Suite 10B Tacoma,WA 98402 �TRKT71DAVI A R_E, EXCISE TAX I i J U N 12 2920 EXEMPT LISA FRAZIER Treas., Mason County Grantor: TRU NORTH INVESTMENT, LC Grantees: RICHARD J.HOMER; JO IRIS'I-10MER Legal LOTS 29-32, BLOCK 2,.LAKEWOOD ADD PLAT C, AS REC IN VOL 2 OF PLATS, PAGE 30. RECORDS OF MASON COUNTY Parcel ID: 22212-52-0202 Full Legal: PAGE i � SEMENT FOR INGRESS, EGRESS, CONSTFt ION AND MAINTENANCE OF ROADWAY THE GRANTOR,kTrLUNOI�THNVESTMENTS, LLC, a Washington Limited Liability Company, the owner of the r yy hereinafter described, for and in consideration of mutual benefits, does hereby grr.�nt ,GRANTEES, RICHARD J. HOMER AND JO IRIS HOMER, HUSBAND,4ND FE, a nonexclusive perpetual easement for ingress and egress, and construct' atinof d maironance of an access roadway, over and across the following legally descrio pf Grantor's real property in Mason County,Washington: LO 7- A2-40 OF BLOCK 2, TOGETHER WITH VACATED PORTION OF YEW S7;FT�ADJACENT TO SAID LOTS 7-12; LOTS 11-12, 39-40 OF BLOCK 3; LOTS 11-12, 39- L CK 4, TOGERTHER WITH VACATED PORTION OF MADRONA STREET TO SAID LOTS 11-12;ALL IN LAKEWOOD ADDITION PLAT C,AS RECORDED IN VOL E 2 OF PLATS, PAGE 30, RECORDS OF MASON COUNTY,WASHINGTON. er Grantor, nor any of its heirs,successors or assigns shall place, plant or construct any ermanent structures in, upon or under the above-described easement area, except for roadways sidewalks, and then only in such a way as not to obstruct or otherwise interfere with Grantee's ! easement rights as granted herein. The terms and condition of this Easement shall constitute real covenants that run with the land and are binding upon heirs, successors and assigns, TRU NORTH INVESTMENTS, LLC 2—lJ ROY K OUN, Managing Member Date II Exhibit B- Pg. 17 ` I I I I STATE OF WASHINGTON ) COUNTY OF MASON ) a I certify that I know or have satisfactory evi e'�Ma Y KADOUN is the person who appeared before me, and said-person acknowledgfl�l on oat tha he is the Managing Member of TRU WEST INVESTMENTS, LLC, and as such is orize�o execute the within and foregoing instrument;and that he signed this instrument'n-that Z;a ett/ and acknowledged it to be his free 9 t���+� 9 and voluntary act and deed for the uses an �ose ltl�rein mentioned. 2-0 Given under my hand and official se�# is /� day of �-1 v12� ,20*T s \\����1\1111111i1 J11//N/z 1��\�Q?N° N.a,TARY PUBLIC in and for the State of . ,<aar - 'ashington, residing at �4`U✓_S �n o ruty commission expires l Z 122-12.p Z?z ' 1"'o .,,�9aFf.: \�� f!t/rrtl tiuu i i I I 2132363 Page 2 of 2 06/12/2020 10:34:27 AM Mason County, WA Exhibit B-Pg. 18 2132364 MASON CO WA 06112/2020 10:34 AM EASMT Ill ITT flIIII LAW Illlill IIIIII I1111I1i ail II I Ilfllll 111 I111l 111111t'1!III!Ill( AFTER RECORDING MAfL TO; K Britton Law Office PLLC 535 Dock Street, Suite 108 Tacoma,WA 98402 FFIDAVIT ` J/ WA R.E. EXCISE TAX JUN 12 2020 i EXEMPT LISA FRAZIER ' Treas.,Mason County n , I�I Grantor: TRU NORTH INVESTMEN S .L � I Grantees: RYAN E. TERWILLIGER; GARE-rf C.TERWILLIGER i Legal LOTS 33-36, BLOCK 1, LAKEWOOD ADD PLAT C.AS REC IN VOL2 i OF PLATS, PAGE 30, RECORDS OF MASON COUNTY Parcel lD: 22212-52-01033\ I Full Legal: PAGE 1 EA EMENT FOR INGRESS, EGRESS CQ-N8- R ON AND MAINTENANCE OF ROADWAY v r THE GRANTOR, T U NO H INVESTMENTS, LLC,a Washington Limited Liability Company, the owner of the 4 p�rop� hereinafter described,for and in consideration of mutual benefits, does hereby-gr�q�,�ntoe GRANTEES, RYAN E. TERWILLIGER and GARRETT C. TERWILL ER as tenants in common, a nonexclusive perpetual easement for ingress and egress, n co sstructi n and maintenance of an access roadway,over and across the following legal[ e c 5d onion of Grantors real property 9 \�P p p rty m Mason County, Washington: LOT1. 7�AND�32-40 OF BLOCK 2,TOGETHER WITH VACATED PORTION OF YEW STR ADJACENT TO SAID LOTS 7-12; LOTS 11-12, 39-40 OF BLOCK 3;LOTS 11-12, 39- 0 0 L},CK 4,TOGERTHER WITH VACATED PORTION OF MADRONA STREET A NT TO SAID LOTS 11-12;ALL IN LAKEWOOD ADDITION PLAT C,AS RECORDED IN I VOLU E 2 OF PLATS, PAGE 30, RECORDS OF MASON COUNTY,WASHINGTON_ 1 either Grantor, nor any of its heirs, successors or assigns shall place, plant or construct any rmanent structures in, upon or under the above-described easement area, except for roadways or,sidewalks, and then only in such a way as not to obstruct or otherwise interfere with Grantee's 1 easement rights as granted herein. JThe terms and condition of this Easement shall constitute real covenants that run with the land and are binding upon heirs, successors and assigns, TRU NORTH INVESTMENTS, LLC _FC, LL, �7 — i I ( -- ZD ROY kAbOUN,Managing Member Date Exhibit B- Pg. 19 I { i STATE OF WASHINGTON ) 1 O ss. COUNTY OF MASON , I certify that I know or have satisfactory evid to t R.Y Y KADOUN is the person who appeared before me, and said.person acknowledg a on oa�that he is the Managing Member of TRU WEST INVESTMENTS, LLC, and as such is thorize o execute the within and foregoing instrument;and that he signed this instrume V at�a�y, and acknowledged it to be his free and voluntary act and deed for the uses an urposes therein mentioned. �J ! Given under my hand and official se hi / day of �—t V�� , 20 i \ / �o TARY PUBLIC in and for the State of ashington, residing at \u" S - . C v O ° My commission expires a 4 3 aj //ii�rr`1i(nFn I I { i , i { t i 2132364 Page 2 of 2 06/12/2020 10:34:27 AM Mason County, WA Exhibit B-Pg. 20 I i 2132365 (MASON CO WA 06/12/2020 10:34 Af: EASMT AFTER RECORDING MAIL BRITTON LAW 014011 tReo Fon: $104.50 Pa9os: 2 Britton Law office P LLC IIIIIU IIIIII���1111 7-DAVIT 1111111111�111I�111111111111IN 535 Dock Street,Suite 106 Tacoma,WA 98402 1 i A R.E. EXCISE TAX J U N 12 2020 EXEMPT LISA FRAZIER Trees.,Mason County i Grantor: TRU NORTH INVESTMEN L� Grantees: LINDA SUE OSBORN-BAAR 0 Legal LOTS 37-40, BLOCK 5, LAKEWOOD ADD PLAT D,AS REC IN VOL 2 OF PLATS, PA E 27, RECORDS OF MASON COUNTY Parcel ID: 22212-53-0503 Full Legal: PAGES 1-2 EASEMENT FOR INGRESS, EGRESS. C-®NS"6 t OTION AND MAINTENANCE OF ROADWAY THE GRANTOR, U NO H INVESTMENTS, LLC, a Washington Limited Liability Company, the owner of tie progelf' hereinafter described, for and in consideration of mutual benefits, doss hereby�,grarlt Iunfo-the GRANTEE, LINDA SUE OSBORN-BAAR, a nonexclusive perpetual easemen frr i re§ ' id egress,and construction and maintenance of an access roadway, over and acroS"the o[lowing legally described portion of Grantor's real property in Mason County, Wa78,71g t� LO AND 32-40 OF BLOCK 2 O , TOGETHER WITH VACATED PORTION OF YEW STRL(:AID'J E'E DJACENT TO SAID LOTS 7-12; LOTS 11-12, 39-40 OF BLOCK 3; LOTS 11-12, 39- �Q�CK 4, TOGERTHER WITH VACATED PORTION OF MADRONA STREET NT TO SAID LOTS 11-12;ALL IN LAKEWOOD ADDITION PLAT C,AS RECORDED IN •E 2 OF PLATS, PAGE 30, RECORDS OF MASON COUNTY, WASHINGTON; TOGETHER WITH VACATED MADRONA STREET, FROM A LINE BETWEEN THE SW b RNER OF LOT 39, BLOCK 3, TO THE NW CORNER OF LOT 11, BLOCK 4, LAKEWOOD I ADDITION PLAT C, EASTWARD TO A LINE BETWEEN THE SE CORNER OF LOT 39, BLOCK f 9,TO AND THROUGH THE EAST BOUNDARY OF SAID PLAT C;ALL IN LAKEWOOD i ADDITION PLAT C, AS RECORDED IN VOLUME 2 OF PLATS, PAGE 30, RECORDS OF MASON COUNTY,WASHINGTON; : TOGETHER WITH VACATED MADRONA STREET, FROM THE WEST BOUNDARY OF LAKEWOOD ADDITION PLAT D, EASTWARD TO A LINE BETWEEN THE SE CORNER OF I LOT 27, BLOCK 9,AND THE NE CORNER OF LOT 4, BLOCK 10 OF SAID PLAT D; ALL IN LAKEWOOD ADDITION PLAT D,AS RECORDED IN VOLUME 2 OF PLATS, PAGE 27, RECORDS OF MASON COUNTY, WASHINGTON; TOGETHER WITH LOTS 9-10 AND LOTS 37-38, BLOCK 4, LAKEWOOD ADDITION PLAT D, i LOTS 9-10, BLOCK 5 OF SAID PLAT D,AND THE PORTION OF EVERGREEN STREET ADJACENT TO SAID LOTS 9-10 OF BLOCK 5; ALL IN LAKEWOOD ADDITION PLAT D,AS Exhibit B-Pg. 21 RECORDED IN VOLUME 2 OF PLATS, PAGE 27, RECORDS OF MASON COUNTY, WASHINGTON. i Neither Grantor, nor any of its heirs, successors or assigns shall pl plant or construct any permanent structures in, upon or under the above-described ea-—!L—M `area,except for roadways i or sidewalks, and then only in such a way as not to obstruc -or- therwisO)nterfere with Grantee's easement rights as granted herein. The terms and condition of this Easement shall consti e l.�ovenants that run with the land I and are binding upon heirs, successors and assign v TRU NORTH INVESTMENTS, LLC i ROY KADOUN, Managing Member Date - 4 STATE OF •I � -0 ) ss. COUNT F ASO ) �I cem� ,hat I know or have satisfactory evidence that ROY KADOUN is the person who apt"4re�pefore�tne, and said person acknowledged on oath that he is the Managing Member of TRUST INVESTMENTS, LLC, and as such is authorized to execute the within and foregoing u ���t;,,and that he signed this instrument in that capacity, and acknowledged it to be his free and o nttary act and deed for the uses and purposes therein mentioned. ". � Given under my hand and official sea!this�� day of 'J t Z.O 2014 P iiiiv 4i;�N�� �o'' -y NOTARY PUBLIC in and,f the State of Q � '0 r= Washington, residing at My commission expires wAS.... ///!lllllttlt111111 2132365 Page 2 of 2 06/12/2020 10:34:27 AM Mason County, WA Exhibit B-Pg. 22 a 2132366 MASON CO WA 06112/2020 10;34 AM EASMT ORITTOM LAW #14N 14 Rea Fee; $104.50 Pages. 2 i III!III IIIII III IIII Illflll IIIIII I(I(IIII Ilfll IIIII IIIIIII II IIIII IINI IIIII IIII IIII AFTER RECORDING MAIL TO: AFFIDAVIT I Britton Law Office PLLC 535 Dock Street,Suite 108 Tacoma,WA 98402 EXCISE TAX JUN 12 2020 EXEMPT LISA FRAZIER Trees., Mason County Grantor: TRU NORTH INVESTMENTFr--LG��' Grantees: E.R. HAHN Legal LOTS 36-39, BLOCK 9, EW00 ADD PLAT C, AS REC IN VOL 2 OF PLATS, PAGE 30, RE RJ!✓S MASON COUNTY Parcel ID: 22212-52-09036 Full Legal: PAGE 1 EQEMENT FOR INGRESS, EGRESS, j CONSTRUCT-ION Al40 MAINTENANCE OF ROADWAY v I THE GRANTOR,TRU NO /W �ENTS, LLC, a Washington Limited Liability Company, the owner of the real p pert �reinafter described,for and in consideration of mutual benefits, I does hereby grant untok ANTEE, E.R. HAHN, a nonexclusive perpetual easement for i ingress and egres , coh qry- ion and maintenance of an access roadway, over and across the following leg fl�'descri dd crtion of Grantor's real property in Mason County, Washington: i LOTS 7-12 AI 311 LOCK 2,TOGETHER WITH VACATED PORTION OF YEW STREET DJA�F T Tff SAID LOTS 7-12; LOTS 11-12, 39-40 OF BLOCK 3; LOTS 11-12, 39- 1 40 OF BC RTHER WITH VACATED PORTION OF MADRONA STREET ADJAC yTSAID LOTS 11-12;ALL IN LAKEWOOD ADDITION PLAT C, AS RECORDED IN VOLI0fME ' 0 PLATS, PAGE 30, RECORDS OF MASON COUNTY,-WASHINGTON; I T E,TOR WITH VACATED MADRONA STREET, FROM A LINE BETWEEN THE SW -NER OF LOT 39, BLOCK 3,TO THE NW CORNER OF LOT 11, BLOCK 4, LAKEWOOD AD hTIOt,�PLAT C, EASTWARD TO A LINE BETWEEN THE SE CORNER OF LOT 39,BLOCK 9,T ND THROUGH THE EAST BOUNDARY OF SAID PLAT C; ALL IN LAKEWOOD ADD ION PLAT C, AS RECORDED IN VOLUME 2 OF PLATS, PAGE 30, RECORDS OF \ (�N COUNTY, WASHINGTON. either Grantor, nor any of its heirs, successors or assigns shall place,plant or construct any f permanent structures in, upon or under the above-described easement area, except for roadways or sidewalks, and then only in such a way as not to obstruct or otherwise interfere with Grantee's easement rights as granted herein. The terms and condition of this Easement shall constitute real covenants that run with the land and are binding upon heirs, successors and assigns. TRU NORTH INVESTMENTS, LLC �- 11 -7f I ROY KAIDOUN, anaging Member Date j I 1 i Exhibit B-Pg. 23 f i STATE OF WASHINGTON COUNTY OF MASON ss. � O f I certify that I know or have satisfactory ev�eneeltt OY KADOUN is the person who appeared before me, and said person acknowled ed-on 5E� �• t he is the Managing Member of TRU WEST INVESTMENTS, LLC, and as such i �uthorto execute the within and foregoing instrument; and that he signed this instrument in t �cap� , and acknowledged it to be his free and voluntary act and deed for the uses and-par o�s3F�eFein mentioned. s y .� y ".' Given under m hand and official J t l this t day of 20 \10�\*tNig111A TARY PUBLIC in and for the State of .sioti';yo: aashington, residing at -C�ttU�rS} r� CC-) t 57 Far O commission expires d WIN- AD800 i i I Exhibit B-Pg. 24 2132366 Page 2 of 2 06f12/2020 10:34:27 AM Mason County, WA 2132367 MASON CO WA 06/1212020 10:18 AM EASMT B`R`ITTffOP! LAW xi14AM 0114 R�cppF`e`tto: ppf104.5t0t Paglanaa: 2 AFTER RECORDING MAIL T0: �Britton Law Office PLLC 535 Dock Street,Suite 108 Tacoma,WA 98402 -I AVIT .... A R.E. EXCISE TAX JUN 12 2020 EXEMPT LISA FRAZIER Treas., Mason County Grantor: TRU NORTH INVESTMEN \JL±—) Grantees: WILLIAM H. HULL Legal LOTS 14, BLOCK 10, LAKEWOOD ADD PLAT D,AS REC IN VOL 2 OF PLATS, PA E 27, RECORDS OF MASON COUNTY Parcel ID: 22212-53-1000 Full Legal: PAGE 1 i EASEMENT FOR INGRESS EGRESS, EQ:NBTR OTION AND MAINTENANCE OF ROADWAY E �J THE GRANTOR, U NOIll1'H INVESTMENTS, LLC, a Washington Limited Liability Company, i the owner of t ��ZcQpe�ty hereinafter described,for and in consideration of mutual benefits; does hereb�gr n�tlle GRANTEE,WILLIAM H. HULL, a nonexclusive perpetual easement for ingre s n grr and construction and maintenance of an access roadway, over and ; across tl �a oxing legally described portion of Grantor's real property in Mason County, I Was ton� L SA2 AND 32-40 OF BLOCK 2,TOGETHER WITH VACATED PORTION OF YEW T DJACENT TO SAID LOTS 7-12; LOTS 11-12, 39A0 OF BLOCK 3; LOTS 11-12, 39- 0 Q. OCK 4, TOGERTHER WITH VACATED PORTION OF MADRONA STREET ADJA TENT TO SAID LOTS 11-12;ALL IN LAKEWOOD ADDITION PLAT C,AS RECORDED IN VOL fUtE 2 OF PLATS, PAGE 30, RECORDS OF MASON COUNTY, WASHINGTON; �OGETHER WITH VACATED MADRONA STREET, FROM A LINE BETWEEN THE SW --CORNER OF LOT 39, BLOCK 3,TO THE NW CORNER OF LOT 11, BLOCK 4, LAKEWOOD ADDITION PLAT C, EASTWARD TO A LINE BETWEEN THESE.CORNER OF LOT 39, BLOC_ K 9,TO AND THROUGH THE EAST BOUNDARY OF SAID PLAT C; ALL IN LAKEWOOD ADDITION PLAT C, AS RECORDED IN VOLUME 2 OF PLATS, PAGE 30, RECORDS OF "MASON COUNTY,WASHINGTON; TOGETHER WITH VACATED MADRONA STREET, FROM THE WEST BOUNDARY OF LAKEWOOD ADDITION PLAT D, EASTWARD TO A LINE BETWEEN THE SE CORNER OF LOT 27, BLOCK 9,AND THE NE CORNER OF LOT 4, BLOCK 10 OF SAID PLAT D;ALL IN LAKEWOOD ADDITION PLAT D, AS RECORDED IN VOLUME 2 OF PLATS, PAGE 27, RECORDS OF MASON COUNTY,WASHINGTON, Neither Grantor, nor any of its heirs, successors or assigns shall place, plant or construct any permanent structures in, upon or under the above-described easement area,except for roadways Exhibit B-Pg. 25 i i or sidewalks, and then only in such a way as not to obstruct or otherwise interfere with Grantee's easement rights as granted herein. The terms and condition of this Easement shall constitute real cove nts that run with the land i and are binding upon heirs, successors and assigns. ` TRU NORTH INVESTMENTS, LLC O i i . « � ZO I ROY KA OUN,Managing Member C(:!)t i i i STATE OF WASI-IING1 ) ) 55. COUNTY OF MAS � ) I certif r�th know bf have satisfactory evidence that ROY KADOUN Is the person who appeared bef 'j;t d- aid person acknowledged on oath that he is the Managing Member of TF IV WESTINVE. ENTS, LLC, and as such is authorized to execute the within and foregoing instrumen an at h signed this instrument in that capacity, and acknowledged it to be his free and vo untaryt and deed for the uses and purposes therein mentioned. 20 it en n er my hand and official seal this day of U y Q 20 . V � osner pr NOTARY PUBLIC in and for the State of i Washington, residing at =.0 o tp= My commission expires �U 3 i i i Exhibit B-Pg. 26 2132367 Page 2 of 2 06/12/2020 10:34:27 AM Mason County, WA PETITIONER'S SECOND AMEN DNIENT TO 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 TRU NORTH INVESTMENTS,LLC,being the owner of the majority of the frontage of the below-described county road,hereby AMENDS its Petition to the Board of Mason County Commissioners for vacation of the County roads described in our Petition as originally submitted to the Public Works Department on March 4,2019. PETITIONERS HEREBY AMEND THEIR PETITION AS FOLLOWS: It has been brought to the Petitioner's attention that the County's approval of the Petition as currently stated would result in a denial of legal access(ingress and egress)to the owner of Mason County Parcel No.22212-52-2029(Lots 29-32,.Block 2),in Lakewood Plat C. These four lots are not owned by the Petitioner. It was never the Petitioner's intent to create landlocked parcels. Petitioner therefore AMENDS and supplements its Petition as follows,to ensure legal access to Parcel 22212-52-2029: The Petition for Vacation of Streets in Lakewood Plat C is hereby AMENDED to read in its entirety as follows: IN LAKEWOOD PLAT C,Recorded on or about April 9,2012,in Volume 2 of Plats,Page 30,Records of mason County,Washington: FIRST AVENUE between SPRUCE and LAKE STREETS,inclusive; SECOND AVENUE between YEW and LAKE STREETS,iive not including the intersection of SECOND AVENUE and YEW STREET THIRD AVENUE,between PINE and LAKE STREETS,inclusive; YEW STREET,adjacent to Lots 1 through 12,inclusive of Block 2,and Lots 29 through 40,inclusive,of Block 1; YEW STREET,adjacent to Lots 1 through 8,inclusive of Block 8,and Lots 24 through 31,inclusive,of Block 7; SPRUCE,MADRONA,EVERGREEN,and LAKE STREETS,in their entirety. DATED this 13{' day of s f ,2020. 47 TRU NORTH INVESTMENTS,LLC -4§�6 DAVID J. BRITTON,WSBA#31748 Attorney/Authorized Representative of Petitioner 535 Dock Street, Suite 108 Tacoma, WA 98402 Exhibit B-Pg.27 r • ii �: �•`IMF ;� alr � '� � � —. � 4� ss • Rom, y F ' ♦M• ¢ ' !" h '-' - � + Or n IL IR fVS m� ? ^'sv e' �.x,� ,� ..r ,�.'$ �P ;� � i �` {n• �� M�y'�'a9 ue,., '�,S,e., d+.'^p; 'm. + • rr .h4 • Rl. .. �n 1�'�M . . ,1 �� / ,� .�n I� x — �� �"� .�13w s M # 4 ..� p 44 Proposed Roads Contours :Lo . c w= r- go Parcel 1 • •1 by • F-1 Plat A Parcel owned • T n E] Plat• owned� by Tru North• f may,�F. r'y 'r yyA' "!"" ++ ,.e `f"^gr•Ty ."�^WW .4� Road State Highway * * • .Yu. ^''94� •: ,.'..'..c.',�'v `.ff Zr Y 1. i'# f �I '�i�1 T' "1 .A - �.• xoa- Privatey td , 1 1�1 Lakewood Plat EX YDIDCTd %, ONE C YBEE LN JJ V 1 _ r ry L CC STA.TEIROUTE�l061, YR11 - » Fi ILNA'E('EYR IC 6DIG66�TRUSTE S _ g0,s_ PINE ST LLI ►P •, -- E- I., i ,cl�alR a „ EgTOLUPL, E OL`Y_MPICAVIEW K.. COREN HAG_ER FRANKWI 50N r T , MARNA CAVERN T FM ��; ypy EAp�HORP ♦ + n ARCS S �11/ri�a - _ 1 +( /i NO MAN D a MATTHEWS MU M�yDIANA THO S E, ,� S NNE CDIGKS JOHN +""� a MURIEL f �'�S t 5 J� .. ERAICNLE LTHEROUX RIEHARD L•ESUE`R III MARNA L_MATT.HE - - ' q lA�S�LIUT�NAKE a LILrLI.AN !'j~ •RY�qN BMA'RTIN NANCYDUNCAN LESLIE R LENADEMMIGK 'r` ,M L NN NN 8 rLUAN i _ ETERVNLLIG_ER DONA D L a JOAE BMARTIN r ..J>„ TAL, TRSREHFELDT :e L�ENADEMMIEK 1 ,b. :..., FW EW ST ' ENE!RAYE B w 1 y�I t - af� ,JO IRISHOMER KAI ��� ' SPRUCE ST f r b + 7 , 0 E RHAHN J♦ ./ N f _ MADRONA SOf T + I^6 r i r J „ EEN Legend - Proposed Roads �o _ 4 Contours_10_foot WY- Parcel +' not Owned by Tru North OPlat C Parcels owned by Tru North ;✓ 1 , 1` , ✓ ., ✓; Private Road N " tso . State Highway . Proposed Vacations ♦sp 0 75 150 300 450 ? ' / EXHIBIT C - Pg. 2 fz 1ti "it-W 3 Cry 10 Lakewood Plat F /W///�, ���f //��'/:�/J�///�.�;/ • ifs. /s/ /:�`�//ffs��f/'//�/'��/','/�"•� s' . ' MW ss♦ , •- • Proposed Roads .. •_ �.. Plat F not Owned Plat F Parcels owned by Tru North Private Road Z� I Re:Lakewood Plat Vacations Phil Franklin Page 1 of 1 Re: Lakewood Plat Vacations Terry Conley Wed 9/4/2019 3:50 PM To;Phil Franklin <Pdf@co.mason.waus>; Phill, I have no issues with the vacation the sections of roads he owns the property on at least one side of the road. Terry - From:Phil Franklin ' Sent:Wednesday, September 4,201911:08:36 AM To:Terry Conley Subject:Lakewood Plat Vacations Terry, Roy Kadoun has requested a vacation of several dedicated roads in a few of the Lakewood Plats of A, C, D and F. I have attached some aerials and highlighted the streets in yellow that he is requesting to be vacated. To the best of my knowledge,we don't have any utilities In any of these old unused streets but could you please take a look and let me know If you have any concerns about this. There are a few lots in Plat F that he does not own that are highlighted in red.They have no current access to them at this time and Mr.Kadoun is willing to allow them access via a road that he plans to build in the area. Thanks for your input. Phil Phil Franklin Right of Way Agent Mason County Public Works 360-427-9670, Ext,456 i Exhibit D-Pg.1 https://owa.co.mason.wa.us/owa/ 9/5/2019 Ke: Laxewooa riat iwaa v-cation tcequest-rmi riamam rage 1 oI L i Re: Lakewood Plat Road Vacation Request Rod Larue Tue 9/10/2019 6.42 AM To-.Phil Franklin <Pdf@co.mason.wa.us>; Phil,I spoke with alien eaton and we see no reason to put these roads into county maintenance thanks rod From:Phil Franklin Sent:Wednesday,September4,2019 3:22:28 PM To:Rod La rue Subject:Re: Lakewood Plat(toad Vacation Request Not a problem, I can move on with other stuff that I need to do for this. Thanks for getting back to me so quickly. Enjoy the time off. Thanks Again, Phil From:Rod Larue Sent:Wednesday,September 4,20191.-00:11 PM To:Phil Franklin Subject: Re:Lakewood Plat Road Vacation Request I'm on vacation until Monday I will look into them sorr6for th inconvenience Thanks Rod Sent from my Verizon,Samsung Galaxy smartphone -------Original message---- From: Phil Franklin<Pdf@co.mason.wa.us> Date:9/4/1911:1.2 AM (GMT-08:00) To: Rod Larue<RLarue@co.mason.wa.us> Subject:Lakewood Plat Road Vacation Request Rod, Roy Kadoun has requested a road vacation on several old unused platted roads that are in Lakewood Plat A, C,D and F. Exhibit D-Pg. 2 https://owa.co.mason.w&us/owa/ 9/10/2019 5120/2020 FW:Tru North Investments Reply ® Delete Junk v ••• X FW: Tru North Investments Michael MacSems Fj Reply v Yesterday,1:50 PM Phil Franklin Inbox You replied on 5/19/2020 2:15 PM. Label:MasonCounty(3 months)Expires:8/17/2020 1:50 PM Phil, The Planning Dept is fine with this proposal since no one will be denied access to their property. Michael MacSems Planner/Subdivisions and Forest Practices 360-427-9670 ext.571 mms@co.mason.wa.us From:Kell Rowen<KRowen@co.mason.wa.us> Sent:Tuesday, May 19,20201:40 PM To:Michael MacSems<Mms@co.mason.wa.us> Cc:Scott Ruedy<SRuedy@co.mason.wa.us> Subject: RE:Tru North Investments OK, I'm good.Thanks. Sincerely, Kell Rowen I Planning Manager Mason County Community Services 360.427.9670 ext. 286 Mason County Permit Assistance Center and Building and Planning Departments are currently closed to the public. Staff are continuing to work for you either from home, in the field or in the office. To find out how we are operating TODAY, please visit: http_//www.co.mason.wa.us/forms/Community Dev/how-are-we- operating_pdf. From: Michael MacSems<Mms@co.mason.wa.us> Sent:Tuesday, May 19, 20201:33 PM To: Kell Rowen<KRowen@co.mason.wa.us> Cc:Scott Ruedy<SRuedy_@co.mason.wa.us> Subject: FW:Tru North Investments Kell, Exhibit D-Pg.3 httpsJ/owa.co.mason.wa.us/bwalprojecron.aspx 1/3 5720/2020 FW:Tru North Investments Reply I ® Delete Junk v ••• X owners will lose access. Phil Franklin is going to require that the Kadon's record access easements for all of those parties. Please let me know in the next day or so if you have any concerns. Thanks, Michael MacSems Planner/Subdivisions and Forest Practices 360-427-9670 ext.571 mms@co.mason.wa.us From: Michael MacSems<Mms@co.mason=wa.us> Sent:Monday, May 18,202011:38 AM To:Michael MacSems<Mms@co.mason.wa.us> Subject:Fw:Tru North Investments Print out at work Michael MacSems Subdivision, Forest Practices, Historic Preservation Mason County Permit Assistance Center and Building and Planning Departments are currently closed to the public. Staff are continuing to work for you either from home, in the field or in the office. To find out how we are operating TODAY, please visit: http://www.co.mason.wa.us/community-services/building index.pbLR. From: Phil Franklin Sent: Monday, May 18,2020 11:20 AM To: Michael MacSems Subject:Tru North Investments Michael, Here is the Petition and the Amendments to the petition. The reason for the Amendments to the petition are because there are a few ownership's that Tru North does not own in the area where they asked to vacate. Even though there are no roads in these areas, I told Tru North and their attorney that they needed to allow those home owners the right to use any road that Tru North may put in to allow them access to their property. They said they would but at a cost. I of course said no go on that. So their attorney has written agreements for all of those property owners to use their roads to get access into the area but that https./Iowa.co.mason.wa.us/owalprojection.aspx Exhibit D-Pg.4 2/3 .PETITIONE,R'S.AI)II NDMENT TO iVIASO1N COUNTI PETITION I OR.VACATION..O OF COUNTY ROAD TO: Board of Mason Coivy Commissioners c/o:Mason County Public.Works Department 100 W.Public Works'Drive Slieltan,`WA.98534 TRU NORTH.INVESTMENTS,LLC,,being the owner o.f the riznjority of the ronta a of the beloW-described county road,hereby AMENDS its Petition to the Board of-Mason County Comiiiissioners for.vacation of he.County roads described in our Petition:as originally submitted to.the,Public Works Departmeti.t:on March.4;:2019. PETITIONERS;HEREBY AMEND AND SUPPLEMENT THEIR PETITION AS FOLLOWS: I. It has been brought to tht .,Ppti?iorier's attention that the Counfy's approval of the Petition as currenily stated would result in a denial of legal access,(ingress and egress).to the owners of eleven,(11.)small parcels in Lakewood Plats CAMP, These eleven(11) parcels are notowned bythe.P:etitioner. 'It.was.never the Ilttitionzr',s intent.to create lendlo,.1ed poieels. Petitioner therefore AMENDS and supplements itsTetidon,as follows, to correct this discrepancy and ensure legal access to the eleven potentially landlocked parcels not owned by Petitioner: U Petitioner believes it would,be counterproductive to scale back the vacation request by decreasing the number and/or footage of streets to be vacated_,since to do so would.be to divide�up the plats again:and-make itdilfcult°if.not impossible:to come tip with a logical street system.in any fuhi.re,plat or IyIPD application:: There;ar6 only a small number of thcse.potc�itally landlocked.paicels;.Ieft;Trii Nortli;Lnvestnients bas purchased two p'4rcels(Bloch 4,Lots 41-44 and Block 10,Lots 1-4 of Lakewood.Plat.C):not.included.on our original;Petition,and eff:oAS continue;to Purchase.the remaining parcels wherever possible. III Petitioner1ru North'Investments, LLCtliereforepromises acid undertakes,as a condition of the:.County's approval of its Petition,.to giant express; rewrtled, nonexclusive easements rot=:in;gress and egress.to each nf:.the potentiOly.landlocked. propel tl o4sners"n;LakgW'.00d'Plats C and D:;as identitied'in'the attached draft Grants of Easement;Which;are incorporated into this Amendment by.reference. These grants of nonexclusive e,asenicnts for ingress and egress i ill provide alI potentially .landlocked owners with a legal right:of ingress and egress over and across eWain legally Exhibit E-Pg.3 , described property owned byTru Nprthluyestments,LLC'_.The.effectwiII be to;prpyide the saine legal 666ess to thesJ6 parcels as their owners curreutty enjoy, IV Coirnec8ite*ese proPerty owners to any eventual street g id proposed and built by Petitioner is something the pa ies rill voluntarily agrnv upon wheri the fiche comes t@ plar a cizi•elupnizitt if the parcels have not been purchased outright by Tru Noah Ltvesttnents: Any properly ouriers who stil(ot�at any of the el"even((1)parcels.identified in tbe,attaehed draft Grants,of.Easement,would have.the ciroi'ce of riflrer retaining the legal access granted by those easerrients,:or:volttntarily agreeingto connect to Petitioner's street systeis on tens to be Vo{unlarily agreed In by the parties.Beeause these easi meats wilt:run with the land and be bindinz on successors in interest.aay eventual re-plat or ,MPD'will ofcd4se have.to►ake these easements into account;unless the parties'can. voluntarily agree to extinpish them in exchange for physical access to the new road systeiii. The anticipated easements are legaU.described.in:the attached drnft'Grutts of Easement. DATED'this��D ..day of � � ;2019. TRLTNORTFIW, STI%,IENTS,LLC r4--Q- ROY KAVOUNI Nlanaging,Member I044 t Case Road SIV Olympia,WA 98312: BRIT'l'ON L w OFFiC'E,P.LLC UA I.BRiTTON;IVSDA q 317{3 Attorney for Petitioner TRU NORTH 1N1WSTgEN7S,LLC S35 Doc} Street;Suite-i68. Tacoma.W.A 98402 i� i AMENDMIENT TO PETITION FOR,ROAD VACATION Exhibit E-PgA PETITIONER'S'SE+COI D ANI IE DNIENT TD;MASON COUNTY PETITION:FOR VACATION OF COUNTY ROAD TO;: Board of Mason County Commissioners c/o:,Mason County?ublic W.1. 1 S Department 100'W.Public Works Drive Shelton,WA 98584 TRU NORTH INVESTMENTS;LLC,being the owner of the majority of the,froritage:of the.below-described county road,hereby AMENDS its Petition to fhe Board of MasoLi: County-Commissioners for vacation of the County roads described-in our Petition as originally.:submitted,to the Public Works Department on March 4;;20I9; PETITIONERS I-IE BY Alt<II40::7f EII2 PFTITION'AS.FO is ? S: It has;been brought to the Petitioner' attenton.that-the County's;approval Petition .of the` . as ciurently stated would result in.a denial:of legal access(mess:and egress)to the. owner.of Mason,Counter Parcel No.22212-52 2029(Lots 29-32,Block 2);J Lakewood Plat:C. These four lots are not owned by the Petitioner: It.was:.never the Petitioner's intent to,create landlocked:parcels. Petitioner therefore AMEtNDS and supplements its Petition as;follovrs;to ensure: egal access to Pareel22212=52 2029' ThePetition for Vacation of Streets'in Lake wood.PIat C is.liereby AlvtfiJ ,tD to read:iri its entirety:as;follows: IN LAKEWOOD PLAT C,Recorded on:ot,aboutApril`,9,.2012;ifi Volume2 of Plats,Page 30,Records of mason County;Washington* FIRST AVENUE between -SPRUCE and LAKE STREETS,. ncIusiue; SECOND AVENUE between YEW and LAKE STREETS,iBe4usi not includina"the intersectionof SECOND AVENUE and YEW STREET-4. THIRD AVENUE between PINE and LAKE STREETS,inclusive;: YEW STREET,adjacent to-Lots 1..tluou h 1.7,incliisive_of:Blootc 2 .and Lots 29 through 40,inclusive.of Block_I; YENV STREET,adjacent to:Lots 1 tbrougii s,inclusive of Block 5,.and.Lots 24: difough 31,,inclusive of Block 7; SPRUCE,MADRONA;,EVERGREEN,and LAKE STREETS,it their entirety. DATED this .. :13 t..:day of cs f 2020'.. TRU NORTI-I'INVESTMENTS;LLC. DA ,._ J,.BITT RON;WSB'A#31.748 Attonley l:Authorized.Representafive of Petitioner 535 Dock'Street, Saute 108 Tacoma,WA 9802 Exhibit E-Pg.5 RESOLUTION NO. VACATION FILE NO. 401 NOTICE OF INTENT TO VACATE SETTING TIME AND PLACE FOR HEARING ON SAID VACATION RCW 36.87 IN THE MATTER OF THE VACATION OF MULTIPLE STREETS IN LAKEWOOD PLAT A, C, D AND F WHEREAS, NOTICE IS HEREBY GIVEN that the Mason County Public Works Department is requesting the vacation of the following right of way: Multiple streets in Lakewood Plat A, C, D and F (see attached legal description and petition amendments, Exhibit E) WHEREAS, the Board of Mason County Commissioners did set a date for public hearing on the matter before the Hearing Examiner 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, October 14, 2020 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 the above said streets located in Mason County Washington. Hearing may be available via Zoom, visit the Mason County Hearings Examiner Agenda webpage at www.co.mason.wa.us/hearings-examiner or contact Mariah Frazier at mfrazier(D-co.mason.wa.us or call (360)427-9670 Ext 365. DATED this day of 12020. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: McKenzie Smith, Clerk of the Board Sharon Trask, Chair APPROVED AS TO FORM: Randy Neatherlin, Vice Chair Tim Whitehead, Ch. DPA Assessor Auditor Kevin Shutty, Commissioner County Engineer Petitioner Post no later than (20 days prior to hearing at each terminus of the county road or portion thereof proposed to be vacated or abandoned.) Vacation File No. 401 JOURNAL— Publish 2t: — (Bill Public Works) Legal Descriptions and Amendments #1 & #2 Road.Numbers:N/A Description of road'right of way to.be vacated, IN:LAKEWOOD PLAT A,Recorded on or about March arch 6. 1912,in Volume ume 2 of Plats, Page. 29,Records of Mason,County;Was.hingto4.-... PINE STREET,adjacent to.Lots 41 and 42 of Block 6. .INLAKEWOOD PLAT Recorded on or about April 9,1912;-in Vollime.2 of Plats. Page-30,R60ords.'of Mason,County;Washingto n: .FIRST AVENUE.between,YEW and LAKE STREETS,inclusive; SECOND AVENUE between YEW and.LAKEISTREETS,inclusive" THIRD,AVENUE behmeen PINE and LAKRISTREETS,inclusive; YEW STREET adi acenuo Lot$ 1:through 12 inclusive,of 13166k2,and.LotS-29:.-through 40.,inclusive-of'Block 1; YEW STREET, adjacent to Lots 1,ftotigh,8,inclusive,of Block 8,andLots,24.through I :inclusive,of,Block 1. SPRUCE,:MADRONA.EVERGREEN and LAKE STREETS.in their entirety. IN LAKEWOOD PLAT D Recorded on.pr about'June 6,19.12,.in Volume'.2 of Plats, Page 27,Records of Mason-.County, Washington: ALL STREETS IN.PLAT:;THIRD,FOURTH AND FIFTH AVENUES;:YEW., SPRUCE,KkPRONA,EVERGREEN,and LAKE STREETS,in.their INLAKEWOODPLAT F,Recorded 000rabout.Mar6 4, 1913,in.Wlume2 of Plats; ..Page 25,Records of Mason County,Washington; BROOK, CANAL,PARK,and LANE STREETS,and SIXTH AVENUE,wherever. adjagent.w Blopks-4, 5, 6, 1.0, 1.1...and.11,'in their entirety. iVg�te: a Section Map on,file with the,Mason,Couniv Auditor indicates that these.streets are:already:"VACATED,"but I cannot find any separately.recorded,d6ciunerits%or: County Ordinances.to suppP44bis); — Plat Name: SEE ABOVE Recording Date: SEBABOVE. Sections: .l2.and.13 Toivnship-22:North EAM-11 West ofW.M; Attached herewithAs a map secured from.the Mason Coulity Engineer or from the Mason: Coqrit Y Assessor. We have shaded the right ofwayhbreinpetitioned tobevacatedand have also shown:the.ownerships along'sai d ri.ghto I f way. -IN SUPPORT OF:SAib PETITION,PETITIONERS ALLEGE: I That the,undersigned.:are theownersof the majority�of t he6onta ge ofthe' county road Tight of way petitioned to be vacated and said right of way islocated in Mason.County} Washingtbn. Exhibit E-Pg.1 II That contact information,signatures and legal descriptions:of the 0 6 ..erty owned by each petitioner:on the:right of way to be vacated are provided below: IAPGAL J)E SCRIPTION OF NAME/ADDRESS/SIGNATURE PROPERTY/PARCEL# PHONE; Tru North Investments,LLC! Lots 13;14,4%42,Block 6, c/o ]; Roy Kadoun,Managing Member Lakewood Plat A,Vol.2 David.7. 10441 Case Road SW, Of Plats,Page 29. Britton, Olympia;WA 98512 2513:83- X 71.1:3 Tm North.Investments,;LLC Lots 1043,23,26,37-40, c/o. Roy Kadoun;Managing Member Block l;Lots 1-4,742, 17-28, DavidT I.M.. I Case.Road SW, 32=40;43-56,Block 2;All of Brittotl Olyirip a,OVA 98512 Block;3;All of Block 4,except 25173:83= Lots 4144;All of Block 5;.All of 7113 Block;6,Lots 1,4, 1.3 25,14 3`1 Of Block 7;.All of Block 8;All of Block:9,except Lots 3.6-39; All of Block 1 O .AIIof Block 11;All of Block:12,Lakewood.Flat C Vol. 2.ofPlats,,Paae 3.0. Tru Nor di Invest bents,LLC All,6f Block 1;All of Block2; c/o All of Block 3,except Lots 29-36.: David.J 3 Roy Kadoun;,Managing Member :And 51-52;All of Block.4; All.of. Britton;. 10441:Case Road.SW, Block 5 exceptZots 37=4;0;,All:of. 25 383_: Olympia,NVA 985.12 Alock.6,All.'of Block 7,Altof 7113 Block 8; All;ofBlock 9,except Lots 24-27;All of Block.10, except Lots,1-4,A11:ofBlock tl; All of Block 12,Lakewood;Plat, D,Vol 2 ofPlats,Page 27 X. Tru North Investments;LLC "Lots I9-28,;47-56 Block 4 Lots c/o 4 Roy Kadoun,Managing Member 19-28,47-56;Block.5;L6ts:19-24 David J 1'0441 Case Road SW, 11-2.0 24-31;344-3;.B1ock:10 . Britton, Olympia,WA 985:12 All.of Block Il;.All:ofBlock 12, 253 383-- Except Lots 1-2„40-43, 7113 Lakewood Plat F,Vol.2 of Plats; X Pa e15 (NO Additional petitioners.are'listed_Petitioner is the sole;owner.of a majority of the street frontages for which vacation is requested.) Exhibit E-Pg.2 RESOLUTION NO. VACATION FILE NO. 401 NOTICE OF INTENT TO VACATE SETTING TIME AND PLACE FOR HEARING ON SAID VACATION RCW 36.87 IN THE MATTER OF THE VACATION OF MULTIPLE STREETS IN LAKEWOOD PLAT A, C, D AND F WHEREAS, NOTICE IS HEREBY GIVEN that the Mason County Public Works Department is requesting the vacation of the following right of way: Multiple streets in Lakewood Plat A, C, D and F (see attached legal description and petition amendments, Exhibit E) WHEREAS, the Board of Mason County Commissioners did set a date for public hearing on the matter before the Hearing Examiner 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, October 14, 2020 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 the above said streets located in Mason County Washington. Hearing may be available via Zoom, visit the Mason County Hearings Examiner Agenda webpage at www.co.mason.wa.us/hearings-examiner or contact Marian Frazier at mfrazier -co.mason.wa.us or call (360)427-9670 Ext 365. DATED this day of 12020. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: McKenzie Smith, Clerk of the Board Sharon Trask, Chair OVED M: ` Randy Neatherlin, Vice Chair Tim White ead, Ch. DPA Assessor Auditor Kevin Shutty, Commissioner County Engineer Petitioner Post no later than (20 days prior to hearing at each terminus of the county road or portion thereof proposed to be vacated or abandoned.) Vacation File No. 401 JOURNAL— Publish 2t: — (Bill Public Works)