of 11‘u i center w c5 - civicweb
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DEPARTMENTOF PUBLICWORKS
C, I Public Services Center1 1‘U 0 1350 McKittrickStreet, Suite A (509)888-3200
W C5 P.O. Box 519 FAX(509) 888-320191101‘ 99 Wenatchee, WA 98807-0519
We are sending you the following:
Date: June 9, 2011 Application No.:
To: Mayor Johnson
Via: Steve King Phone:
From: Donald M. Nelson, P.E. a Phone: (509) 888-3255
Development Review Engineer Email: [email protected]
Re:
r;
lZlEnclosed El Under Separate Cover via:
Quantity Date No. of Pages Description
1 sheets Easement forSewer Line
These are transmitted as checked below:
I] Urgent El Please Reply El As Requested
IZIFor Signature D Approved as submitted El Resubmit copies for approval
El For your use El Approved as noted El Submit copies for distribution
El For your infonnation El Returned for corrections El Retum conected prints
III For review and comment D For bids due El Prints return after loan to us
Remarks: This is the first of two Sewer Easements for the Saddle Rock East Subdivision(approved by City council along with a developer’s agreement) that required that these easementsbe prepared and acceptable to the City attorney prior to March 31, 2011. Now that the Cityattorney has concurred with the document, I request signature from the Mayor. Please contact mewith questions/comments. After signed I will verify that it gets recorded.
/llpplc Capital of the World
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Return Address:
Mr. Peter A. SpadoniJeffers, Danielson, Sonn &Aylward, P.S.2600 Chester Kimm RoadP.O. Box 1688Wenatchee, WA 98807-1688
EASEMENTFOR SEWER LINE
Grantor: Karen M. Foss, a married woman dealing in her sole and separate propertyGrantee: The City of Wenatchee, a Washington municipal corporationLegal Description (abbreviated): Ptn. NE‘/4NE‘/4Sec. 22, T. 22 N., R. 20, E.W.M.,Chelan County, Washington.Assessor's Tax Parcel ID#: 22-20-22-110-050
Parties and Properties
1.1 Grantor. KAREN M. FOSS, a married woman dealing in her sole and
separate property, is the owner of the following described property:
Tax Parcel No. 22-20-22-110-050:
A tract of land situated in the Northeast quarter of the Northeastquarter of Section 22, Township 22 North, Range 20, E.W.M.,Chelan County, Washington, described as follows: Begin at theNortheast corner of said Section 22 and run thence South on thesection line to the Southeast corner of the Northeast quarter ofthe Northeast quarter of said Section 22; thence run West alongthe quarter line for 808 feet; thence run northeasterly to a pointon the North lineof the said Section 22 which is 244 feet West ofthe point of beginning; thence run East on the North line of saidsection for 244 feet to the true point of beginning.
Jelfels, Danielson, Sonn & Aylward, P.S._ Attorneys at Law
Page 1 2600 Chester Kimm Road /1>.o_ Box 1533
756325 Wenatchee,WA 98807-1688(509) 662-3685 / (509) 662-2452 FAX
EasementFor Sewer Line
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EXCEPTING THEREFROM the following: Allthat portion thereoflying easterly and southeasterly of the center or thread ofSquilchuck Creek.
AND EXCEPTINGTHEREFROM the right of way for SquilchuckRoad along the westerly line thereof.
1.2 Grantee. The City of Wenatchee, a Washington municipal corporation.
Easement
2.1 Grant of Easement. Grantor hereby conveys and warrants to Grantee a
nonexclusive twenty foot (20’) easement as described herein of the type described herein
for the purposes described herein.
2.2 535%. The purpose of this easement is for the installation, operation,
maintenance, repair and replacement of an underground sewer line.
2.3 Burdened Propemr. This easement is to burden that parcel described in
paragraph1.1 above.
2.4 Easement. This easement is for the installation, operation and
maintenance of a sewer line as depicted on the map attached hereto as Exhibit
2.5 Term of Easement. The term of this easementis perpetual.
2.6 Maintenance. and Repair. The cost of any maintenance and repair of the
above easement shall be borne by the Grantee herein or its successors and assigns.
2.7 E The venue of any action taken to enforce any part of this
easement shall be in Chelan County, Washington.
Easement For Sewer Line Mm Dmifgg;-53;";lfggvlwmyP-5-
Page 2 2600 CheiterKin1mRoad/ Po. Box was756825 Wenatchee, WA 98807-1688
(509) 662-3685/ (509) 662-2452 FAX
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2.8 Number; Gender; Permissive Versus Mandatory Usage. Where the
context permits, references to the singular shall include the plural and vice versa, and to the
neuter gender shall include the feminine and masculine. Use of the word "may" shall
denote an option or privilege and shall impose no obligation upon the party which may
exercise such option or privilege; use of the word "shall" shall denote a duty or an
obligation.
2.9 Captions and Construction. The captions in this Easement are for the
convenience of the reader and are not to be conside d in the interpretation of its terms.
"GRANTOR"
ACCEPTED BY GRANTEE:
CITY OF WENATCHEEA Washington municipal corporation
Date 5'94’
Jeffen, Danielson, Sunn & Aylwnrd, P.S.AuuneysatLaw
2600 Chester Kimm Road / P.0. Box 1688Wenatchee,WA 93807-1688
(509) 662-3685 / (509) 662-2452 FAX
Easement For Sewer LinePage 3756825
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STATE OF WASHINGTON )' )
COUNTY or )5I certify that I know or have satisfactory evidence that SCOTT FOSS is the
person who appeared before me and said person acknowledged that he signed thisinstrument, on oath stated that he was authorized to execute the instrument andacknowledged it as the Attorney-in-act for Karen M. Foss, to be the free and voluntary act osuch party for the uses and purposes mentioned in the instrument.
S.
;@7.z(/id;g 3 zm(>J0—A—/Typed/Printed Name 411+
FND 5/8" PININ MON. CASE
FND 5/8" PININ MON. CASE
FND 5/8" PININ MON. CASE
20’ SEWEREASEMENT
S77'O9 '36"E
EXHmH”V”FOR SEWER EASEMENT[ PART OF
\ [ SECTION 22 T22N R20E W.M.‘
-'\
~“a'j°:’/ CHELAN COUNTY, WASHINGTON
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3,n1?~ié 23
"f3’\3"6FND 5/8" PININ MON. CASE
‘lino ';:‘|’€— LANdUNESuRvEyoRs
PO BOX 72.}, LEAVENWORTH.WA. 98826(509) 548-5290
JOB #6076 NOVEMBER 30, 2009
Q Cityof%) Wenatchee6 Of?ce of City Attorney
December 9, 2009
Don Nelson ‘
City of Wenatchee ~
Public Works Department'
1350 McKittrick Street
Wenatchee, WA 98807-05191>.o.Box-1519
pp
Re: Saddle Rock East Sewer Easement
Dear Don: '
‘_tlEnclosed you will please ?nd the original Easement for Sewer Line, which——has—been——~e
signed by Scott Foss, attorney-in—factfor Karen M.iFoss, owner of the burdened property. A If itmeets with your approval,Steve King or Gary Owen need to sign on page 3 indicating the City’sacceptance of the Easement. Their signature needs to be notarized on page 4. The Easementthen needs to be recorded with the Chelan County Auditor.
E
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Please let me know if you have any questions.
incerely,
D. SmithCity Attorney ‘
SDS/tjmEnclosure
(509) 663-0031P. O. Box 19Wenatchee, WA 98807-0019 F:\tonim\00sosxooCITY or WENATCHEE FILES\8043-38Saddle Rock East Easement\Nelson1:: 12-9-09.doc
Evelyn L. Arnold, Auditor, Chelan County, WA. AFN # 2312024 Recorded09/28/2009 at 10:13 AM, AGMT Page: 1 of 7 Filing Instrument $68.00CITY OF WENATCHEE
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Return address:
Donald L. DimmittJeffers.Danielson, Sonn &Aylvvard. P.S.PO. Box 1688Wenatchee, WA 98807-1688
Improvement Agreement of Saddle Rock View.L.L.C.
For Saddle Rock East Subdivision.Division 1 (“Agreement")
Grantor(s) (Licensor): Saddle Rock View, L.L.C.,a Washington limitedliabilitycompanyGrantee(s) (Licensee): City of Wenatchee, a Washington municipal corporationLegal Description (abbreviated): Ptns. NE1/4 of Sec. 22, T. 22 N., R. 20 E.W.M., ChelanCounty, Washington. Additionallegal on pages 2 — 4.Assessor's Tax Parcel ID#: 22-20-22-130-050(covers this and other property.22-20-22-110-250 and 22-20-22-130-100
THIS AGREEMENT is made and entered into this date by and between the City of
Wenatchee, a Washington municipal corporation, organized and existing under the State of
Washington (“City")and Saddle Rock View. L.L.C., a Washington limited liability company
("Saddle Rock"), an entity that is developing property to be known as the Saddle Rock East
Subdivision, Division1.
RECITALS
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A. Pursuant to Chapter 11.24.200 Wenatchee City Code ("WCC"),the City has the
authority to enter into improvement agreements to facilitate and promote the construction of all
required improvements within a subdivision.
B. Saddle Rock desires to develop and plat a residential subdivision (the "Project").
The legal description of the plat is as follows:
Je?en. Illnidson.Sonn & Aylwlni. P.S.Aunmeys u LnwIMPROVEMENTAGREEMENT OF
SADDLEROCK VIEW_ LLC 25DDClIes1erKimmRn1dIF.O.Box 1633wmn-nee,WA mu7-rm
Page 1 (soc) 562-ms/(509) 662-2451FAX737524
.—.lL1:l
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AFN # 2312024 Page: 2 of 7
1 Parcel Nos. 22-20-22-130-050 (covers this and other propeI‘!Y).22-20-110-250 and 232-20-22-130-100.
2 Division 1
3 All that portion of the following Saddle Rock East description lyingnortherly of the following described line:
Commencing at a 5/8 pin in a monument at Engineers Station 178 + 40.1on the centerline of Squilchuck Road as shown on County Road Project ;
:5 39, from which a 5/8 pin in a monument case bears South 29"14'31 West1139.88 feet; thence South 29°14'31 West 398.30 feet; thence leaving
5 said centerline North60°45'29 West 35.00 to the westerly right-of-way ofsaid Squilchuck Road; thence along said right-of-way South 29°14'31
7West 35.00 feet to the Tme Point of Beginning of this described line;thence leaving said right-of-way, North 28°40'36 West 18.47 feet; thenceNorth 78°31'21 West 78.98 feet; thence South 63°58'39 West 22.39 feet;
8 thence North 83°25'45 West 53.18 feet; thence North 26"01'21 West22.91 feet; thence North 78°31'21 West 308.02 feet; thence South54°52'38 West 22.58 feet; thence North 77°24'02 West 50.14 feet;thence North 35"07'22 West 22.45 feet; thence North 78°31‘21 West76.72 feet; thence North 77°19'55 West 87.72 feet; thence South
1° 60°17'04 West 22.55 feet to a point on South MethowStreet being 30.00feet from centerline; thence along a curve left, the center of which bears
11 South 73°17'39 East 542.96 feet, an arc length of 8.33 feet through acentral angle of 0°52'46; thence North 89"16'57 West 5.18 feet to a point
12being 25.00 feet from said centerline and the end of this described line.
Saddle Rock East Description
Allthat portion of the following lying easterly of South Methow Street and
14 westerly of Squilchuck Road:
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15That portion of the Northeast quarter of Section 22, Township 22 North,Range 20 East of the Willamette Meridian, Chelan County, Washington,described as follows:
16Beginning at the Northeast cornerof said Section 22, and run thenceSouth 1320 feet; thence 89°40’ right for 932 feet to the True Point ofBeginning; thence 105°50‘ left for 92.8 feet; thence 37°18’ right for 99.2feet; thence 75°18’ left for 53.6 feet; thence 53°56’ left for 79 feet; thence
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13 106°21' right for 312.4 feet; thence 43°41’ left for 227.8 feet; thence85°24’ right for 120 feet; thence 49"42 right for 1114 feet; thence 97°43‘
19 right for 151.1 feet; thence 1°38’ left for 407.7 feet; thence 7°10‘ left for t
203 feet; thence 91°05’ right for 854.9 feet to the True Point ofV
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20Beginning. l
TOGETHER WITH that portion of the Southwest quarter of the Northeast21 quarter of Section 22, Township 22 North, Range 20 East of the ‘
Willamette Meridian, Chelan County Washington, described as follows: ‘
Je?en, Dunixllull,Sum::Aylvnrrl.P.S.
SADDLEROCK VIEW, LLC moc.......<l?l?.".:.'..m?.o.3.. .5.»Wen||chee,WA 98507-1638
Page 2 (509) 552-3635 /(509) 552-1451FAX737524
AFN # 2312024 Page: 3 of 7
Beginning at the East quarter of said Section; thence North 88°40'36West along the East-West centerline of said Section 22 a distance of2058.31 feet to the westerly right of way of Squilchuck Road; thenceNorth 29°14'22 East along said right of way a distance of 405.47 feet;
3 thence South 60°45'38 East along said right of way a distance of 15.00feet; thence North 29°14'22 East along said right of way a distance of
4 835.05 feet to the True Point of Beginning; thence continuing North29"14'22 East along said right of way a distance of 23.13 feet; thenceSouth 89°59'49 West a distance of 518.92 feet to the easterly right of
5 way of Methow Street; thence South 10°56'33 West along said right ofway a distance of 24.83 feet thence North B9"31’41 East a distance of
5 512.36 feet to said westerly right of way and the True Point of Beginning.
7AND that part of the North half of the Northeast quarter of Section 22,Township 22 North, Range 20 East of the Willamette Meridian, ChelanCounty, Washington, described as follows, to-wit:
Beginning at the Northeast corner of said North half of the Northeastquarter and running thence southwesterly along the East line of saidSection a distance of 1320 feet; thence turning an angle of 89°40‘ to theright and running West to the West line of said Northeast quarter to a
1° point (said to be) 1302 feet South of the Northwest corner of saidNortheast quarter; thence 1302 feet North to said Northwest corner; ,
11 thence East along the North lineof said Northeast quarter to the Place ofBeginning.
12 EXCEPT the following described four Tracts, to wit;
13 A. Beginning at the Northeast corner of said Section 22 andrunning southerly along the East line of said Northeast quarter, adistance of 1320 feet; thence turning an angle of 89°40 to theright and running 808 feet; thence running northeasterly to apoint on the North line of said Northeast quarter, which is 244
15 feet West of Northeast corner thereof; thence East 244 feet tothe Point of Beginning.
15 B. Beginning at a point of the North line of said Northeastquarter, 244 feet West of the Northeast corner thereof and
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17M th’em’SifutlT23“O8"We’s't’a’dista'nce’of’903f5’feet;'” " "
”" W” ’
thence North71°20’ West a distance of 756.5 feet; thence North58'’ West a distance of 100 feet; thence North 8°40’ East a
15 distance of 531 feet to the Northwest corner of Northeast quarterof Northeast quarter of said Section 22; thence East along theNorth line of said Northeast quarter of Northeast quarter to thePlace of Beginning.C. Beginning atthe Northwest corner of said Northwest
2° quarter of Northeast quarter; thence East along the North line ofsaid Section, 1304 feet, more or less, to the West Line of
21 Highway; thence southerly along the West Line of Highway to apoint 793.5 feet South (measured at right angles) from the North
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IMPROVEMENTAGREEMENT OF ""'°"-”"",'\‘l‘“‘:'r"-'g':"_"':‘_:Y"""‘-"'5
SADDLEROCK VIEW, LLC 2600 Clruterkimm mud/ro Box rm
Page 3 (so9§"£.?71‘§.'s‘§?/‘2's’39}’Z'23,';l§§"p.x737524
AFN # 2312024 Page: 4 of 7
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line of said Northwest quarter of Northeast quarter; thence Westalong a line 793.5 feet South of and parallel to the North line ofsaid Northwest quarter of Northeast quarter to the West linethereof; thence Northalong said West line to Point of Beginning.D. Beginning at a point on the East line of said Section 22,which is southerly 1428.9 feet from the Northeast corner of saidSection 22 and on the principle centerline of the transmissionline right of way granted by right of way easement recorded inBook 219, Page 441; thence North 78°03‘ West along saidprinciple centerline 910 feel, more or less, to the westerly right ofway line of Chelan County Road No. 4 (Wenatchee Heightsjunction to Wenatchee), the True Point of Beginning; thenceNorth 30°18'30 East along the westerly right way line of saidCounty Road for 151.37 feet; thence left 90° for 100 feet; thenceleft 90° 210.74 feet. more or less, to a point 25 feetsouthwesterly from said principle centerline extended, whenmeasured at right angles to said principle centerline; thence leftapproximately 108°22 and run parallel to and 25 feet distantsoutherly from said principle centerline to the westerly right ofway of said County Road; thence North 30"1B'30 East along saidwesterly right of way line for 26.37 feel, more or less. to the TruePoint of Beginning.
C. Saddle Rock has proposed that the City permit the required improvements to be
bonded pursuant to WCC 11.16.240(5) and 11.24.210 and consistent with the provisions of this
Improvement Agreement (the "Agreement").
D. Based upon the proposal of Saddle Rock set forth herein, the City agrees to
accept performance bonds in lieu of completed improvements in its consideration of providing
?nal plat approval.
NOW, THEREFORE, Saddle Rock and the City hereby covenant and agree to the
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"following on behalf ofttnlves, their’successors’and'a's'signs:
1. Application.
Saddle Rock has submitted an application for the approval of a proposed subdivision, P
2008-02 as amended by Plat Amendment No. P 09-01.
2. Saddle Rock shall bond Required Improvements as de?ned in WCC Chapter
11.24 in an amount of 150% of its engineer's estimates as approved by the City Engineer
lll?rl. Dlllirllnll, Snlll & Aylwlrd, LS.Attorney! It LowIMPROVEMENTAGREEMENT OF
SADDLE ROCK VIEW, LLC 2600 Chutsrl?mm lloulIP.0. Box muWemwhee, WA ‘JIIU7-I653
P3994 (509) aszasns((509) 662-1451 M):
737524
AFN # 2312024 Page: 5 of 7
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' work discovered’during the guarantee period.
pursuant to WCC 11.24.210. Forfeiture and release of the surety shall be governed by WCC
11.24.220 and .230. At the completion of the improvements the performance bond willremain in
place until Saddle Rock provides a maintenance bond in an amount equal to 20% of the
performance bond as approved by the City engineer to cover the cost of failure of any of the
improvements occurring withinone year followingcompletion.
3. No combustible construction materials, except those required to form and
construct a foundation or basement, shall be delivered to a lot until such lot is accessible by a
roadway constructed to the required subgrade specifications contained in WCC Chapter 11.20.
4. No lots shall be sold or occupied within the subdivision until a_HRequired
Improvements as de?ned in WCC Chapter 11.20 and 11.24 and all conditions of final plat
approval are completed and accepted by the City. City shall be entitled to its costs incurred.
including reasonable attorneys fees.in the event it must initiatea proceeding to evict an occupant
prior to completion of all required improvements.
5. The streets shall be surfaced as specified in WCC Chapter 11.20 and 11.24 by
October 30, 2009. If not. that failure shall be deemed a failure to complete work allowing a
forfeiture of the bond pursuant to WCC 11.24.220. All remaining improvements shall be
completed by March 31. 2010.
6. All improvements and work performed by Saddle Rock shall be guaranteed for
one year following completion. Saddle Rock shall repair or replace any substandard or failed
7. The City shall have the right to inspect all improvements and work of Saddle
Rock. Saddle Rock's engineer shall be responsible for certifying that all construction meet the
intent of the design prior to release of the bond. Release of the bond is contingent on final
inspection and approval by City of the required improvements.
.l:l'I':n.Dnnielmn.Sam: I: Aylvnrd. P.S.Am-imey:ll Lnw
IMPROVEMENTAGREEMENT OFSADDLE ROCK VIEW, LLC 260DChu1urKimrnlln|dIP.D.Bnn16!!
Wenntchee, WA 93307-1633Page 5 (509)662-3635/(509) 662-2452FAX731524
AFN # 2312024 Page: 6 of 7
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8. Saddle Rock agrees to hold harmless and indemnify the City for any and all
claims related to third party claims resulting from the roadways being dedicated prior to
completion. Saddle Rock shall name the City as an additional insured on a Comprehensive
Liabilitypolicy of at least $1,000,000.00. Saddle Rock shall provide the City a certi?cate of
insurance within 10 days of execution of this agreement. The certi?cate or policy shall provide
that there shall be no material amendment or cancellation withouta 30 day notice to the City.
9. Saddle Rock agrees that the plat shall be held, sold and conveyed subject to all
the provisions of this Agreement, which shall run with the land and shall be binding on and inure
to the bene?t of all parties having or acquiring any right, title or interest in the property or any part
thereof, and all the heirs, successors and assigns of such parties.
10. The City shall be provided Easement(s) for Public Sewer for all pipe not located
in Public Rights-of-Way. The easement document(s) shall be acceptable to the City Attorney and
the City Engineer prior to recording and recorded prior to acceptance of the Public Sewer system.
No houses in this Subdivision willbe connected to the Public Sewer System until that system is
approved by the City Engineer.
DATED this T‘ day of 5 M !Z€_'<“,2009.
SADDLEROCKVIEW, L.L.C.A Washington Limited LiabilityCompany
CITYOF WENATCHEEA Municipal Corporation
By its Member:
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Prime Properties, L.L.C.Dennis Johnso Mayor A Washingto LimitedLia‘ .-.ompany
Jelfen, Dnnklson. Sam: 1 Aylwlrd. ES.Attorney:u uwIMPROVEMENTAGREEMENT OF
SADDLE ROCK VIEW, LLC 2500 chum Kimm Rand / P o. nu maWenltnhee,WA monm
P3996 (509) 652-3635/(509) 562-2451FAX131524
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AFN # 2312024 Page: 7of7
STATE OF WASHINGTON )) ss.
COUNTYOF CHELAN )
I CERTIFY that I know or have satisfactory evidence thatI?rlig Tohrhsog is the person who appeared before me, and said person
acknowledged that he signed this instrument, on oath stated that he was authorized to executethe instrument and acknowledged it as the Mayor of CITY OF WENATCHEE, a Washingtonmunicipal corporation, to be the free and voluntary act of such parties for the uses and purposesmentioned in the instrument.
6DATED this 2"“ day of se?mbé-T.2009.
‘‘‘\\\\\‘\““|n7 .,-;,v€95 '~.,.-‘v '4,
B 5-’ ,5 2 '
5 , 5 NO RY PUBLIC, State of Washin ton9 g (E 2 g . . . __
I,’1o 3 MyCommission Expires - /
'4 .510 /1,"Op wAs\\$:\.~‘
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STATE OF WASHINGTON )) ss.
‘2 COUNTY OF CHELAN )
13 I CERTIFY that I know or have satisfactory evidence that Bradley F. Selland isthe person who appeared before me, and said person acknowledged that he signed this
14 instrument, on oath stated that he was authorized to execute the instrument and acknowledged itas the Managing Member of PRIME PROPERTIES, L.L.C., a Washington limited liabilitycompany, a Member of SADDLE ROCKVIEW, LLC,a Washington limitedliabilitycompany, to be
15 the free and voluntary act of such parties for the uses and purposes mentioned in the instrument.
15 DATEDthis ?g day of 2009.
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‘
WI!’ _, RY PUBLIC, State ofWa hingt
19 ; ommissionExpires 51 3/ 2//
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IMPROVEMENTAGREEMENT OF J=«-~n-=:,-7;-_-_-_sy;-;;;=_;,~w--~-rs-
SADDLEROCK VIEW, LLC 2600 Chum Kimmmud I 11.0.Bax rmwuuwhee, w». 93301-mu
Page 7 (509) census I (509) 651-2452 FAX137524