HomeMy WebLinkAboutAgreements/Contracts - BOCCAFTER RECORDING, RETURN TO:
Gregory J. Vietz
1191 E. Iron Eagle Drive
Ste 200
Eagle, Idaho 83616
1455507 08/10/2021 03-54 PM AG
GREGORY VIETZ R 249.50 Grant Co, WA
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TITLE OF AMENDED AND RESTATED DEVELOPMENT AGREEMENT BY
DOCUMENT: AND BETWEEN GRANT COUNTY AND LEGACY RESORT
CONSTRUCTION, LLC FOR THE DEVELOPMENT OF THE
LEGACY RESORT AT FRENCHMAN HILLS
GRANTOR: GRANT COUNTY, WASHINGTON
GRANTEE: LEGACY RESORT CONSTRUCTION, LLC,
a Washington non-profit corporation
LEGAL DESCRIPTION: SeeAttachmentA j:AP#-n dnIA q 9 .-Irik VC4. cep
TAX PARCEL NOS.: 21-0044-000
21.0042-000
21.0043-005
Records of Grant County, Washington
K21-149
AFTER RECORDING, RETURN TO:
Gregory J. Vietz
1191 E. Iron Eagle Drive
Ste 200
Eagle, Idaho 83 616
TITLE OF AMENDED AND RESTATED DEVELOPMENT AGREEMENT BY
DOCUMENT: AND BETWEEN GRANT COUNTY AND LEGACY RESORT
CONSTRUCTION, LLC FOR THE DEVELOPMENT OF THE
LEGACY RESORT AT FRENCHMAN BILLS
GRANTOR.: GRANT COUNTY, WASHINGTON
GRANTEE: LEGACY RESORT CONSTRUCTION, LLC,
a Washington non-profit corporation
LEGAL DESCRIPTION: See Attachment A
TAX PARCEL NOS.: 21-0044-000
21-0042-000
21-0043-005
Records of Grant County, Washington
BOARD OF COUNTY COMMISSIONERS
GRANT COUNTY, WASHINGTON
RESOLUTION NO. � �—
Amended and Restated Development Agreement
by and between Grant County
and
Legacy Resort Construction, LLC
THIS AMENDED AND RESTATED DEVELOPMENT AGREEMENT (the "Development
Agreement") is made and entered into this 2nd day of July, 2021, between Grant County, Washington
(hereinafter "Grant County" or "County") and Legacy Resort Construction, LLC, a limited liability
company organized under the laws of the State of Washington, hereinafter the "Developer".
RECITALS
1. On August 7, 2007, the Board of County Commissions of Grant County, Washington, approved
the Initial Planned Unit Development, Planning File #07-4754.
2. On May 13, 2013, the Board of County Commissions of Grant County, Washington, by Resolution
No. 13-029CC, approved that certain Development Agreement between Grant County and
Developer (the "Original Development Agreement") for the development known as "The Legacy
Resort at Frenchman ]Fulls" in Othello, Washington (the "Project").
3. The Original Development lapsed by its own terms and the parties determine to amend and restate
the Original Development Agreement.
4. The Grant County Unified Development Code (UDC), Chapter 25.28, authorizes the execution of
amendments to a development agreement between a local government and a person having
ownership or control of real property within its jurisdiction.
5. Chapter 25.28 requires a development agreement or amendments thereto to set forth the
development standards and other provisions that shall apply to, govern and vest the development,
use and mitigation of the development of real property for the duration specified in the agreement.
6. For the purposes of this Development Agreement, "development standards" includes, but is not
limited to, all of the standards listed in GCC 25.28.030.
7. This Development Agreement, by and between Grant County and the Developer relates to the
development of the Project.
Amnded and Restated Development Agreement — Page 1
8. This Development Agreement revises and restates the original language to current and relevant
language.
9. Certain events have occurred in the processing and developing of the Project, including the
following and such other approvals and permits as may be relevant or convenient to the
development of the Project:
a) The Legacy Resort at Frenchman Hills P.U.D. Phase 1 and Phasing Plan to approved
PUD, as recorded with Grant County on July 5, 2013; Exhibit B;
b) Minor Modification dated March 30, 2017, to approved PUD and to approved
development agreement, Exhibit C;
C) The Legacy Resort at Frenchman Hills P.U.D. Phase 2 Plat to approved PUD, recorded
August 29, 2017, Exhibit D;
d) Minor Modification dated May 10, 2018, to approved PUD and to approved development
agreement, Exhibit E.;
e) The Legacy Resort at Frenchman Hills P.U.D. Phase 3 Plat to approved PUD, recorded
July 10, 2018, Exhibit F;
f) Minor Modification dated March 5. 2019, to approved PUD and to approved
development agreement, Exhibit G;
g) Minor Modification dated August 4, 2020, to approved PUD and to approved
development agreement, Exhibit H; and
h) The Legacy Resort at Frenchman Hills P.U.D. Phase 5 Plat to approved PUD, recorded
February 16, 2021, Exhibit I.
10. After a public hearing as required by Chapter 25.28 established by Resolution No.
1. the Grant County Board of County Commissioners approved this
Development Agreement with the Developer on 2021; and the following
revised description of the Project:
A Subdivision with parcels totaling 267 acres with 681 single and multi-
family units, manufactured homes,, park models and recreational vehicle
units;
Phasing the Project out with variable number of lots per phase; and
Planned construction of a restaurant, clubhouse, office complex, hotel and
additional recreational areas.
Amnded and Restated Development Agreement — Page 2
The parties mutually agree as follows:
AGREEMENT
General Provisions
Section 1. The Piro_ ect. The project is the development and use of the Property, consisting of
approximately 267 acres in Grant County, Washington. The Planned Unit Development (PUD)/Plat
describes the project as a Preliminary PUD and Plat for a Master Planned Resort to be developed in phases
with private roads, community water system and on-site sewage disposal. The development is a Golf
Course -Themed Master Planned Resort including: an 18 -hole golf course; single family residences, multi-
family residences, townhouses, manufactured homes, park models and recreational vehicle units. The
Resort is planned to have a full-service restaurant and bar, hotel, a rental office as well as a pro shop (and
other possible tenants and uses for the building in which the rental office will be located); tennis courts,
sports courts, swimming pools, walking trails, common areas with patio areas; and indoor -outdoor boat and
RV storage including garage units.
1.1 A subdivision with parcels totaling 267 acres consisting of 681 single and multi -family
units, manufactured homes, park models and recreational vehicle units, with a minimum
lot size of 4,000 square feet.
1.2 Phasing the project out with variable number of lots per phase.
1.3 At final plat obtain building and/or other permits to construct single and multi -family stick -
built units varying from 401 sq. ft. to 6,000 sq. ft. with two-bedroom to four-bedroom
homes on each approved planned lot.
1.4 At final plat obtain building and/or other permits to: (a) construct pads for recreational
vehicles (as defined in Chapter 296-150R WAC); (b) construct pads for park model homes
(as defined in Chapter 296-150P WAC) whether stick -built or pre -fabricated, or otherwise,
up to 400 sq. ft.; (c) construct or install recreational vehicles for sale on lots; (d) construct
or install park model homes, whether pre -fabricated or stick -built or otherwise, up to 400
sq. ft.; (e) construct pads for condominiums (as defined in Chapter 64.34 RCW) and/or
townhomes; (f) construct and install pads for, and/or construct or install, Manufactured
Homes, Park Models, and/or Recreational Vehicles, all a defined in RCW 43.22; and/or (g)
construct condominiums and/or townhomes.
Section 1.4 shall not apply to phase I. No more than 130 lots shall be used for recreational
vehicles. No more than 186 lots shall be used for condominiums and/or townhomes.
Sej:tioaj. The Sub'ect Property. The Project site is legally described in Exhibit A, attached hereto and
incorporated herein by this reference.
Section 3. Definitions. As used in this Development Agreement, the following terms, phrases and words
shall have the meanings and be interpreted as set forth in this Section.
3.1. "Administrator" means the Administrative Official as defined by Grant County Code.
Amnded and Restated Development Agreement — Page 3
3.2. ".Adopting Resolution" means the Resolution which approves this Development
Agreement, as required by RCW 36.708, et seq., and Chapter 25.28.
3.3. "Board" means the Grant County Board of County Commissioners.
3.4 "Certificate of Occupancy" means either a certificate issued after inspections by the County
authorizing a person(s) in possession of property to dwell or otherwise use a specified building or dwelling
unit, or the final inspection if a formal certificate is not issued.
3.5 "Code" means the Grant County Code, as it may be amended from time to time.
3.6 "Design Standards" means the Grant County Design Standards, as adopted by the County.
3.7 "Effective Date" means the effective date of the Adopting Resolution.
3.8 "Existing Land Use Regulations" means the ordinances adopted by the County
Commissioners in effect on the Effective Date, including the adopting ordinances that govern the permitted
uses of land, the density and intensity of use, and the design, improvement, construction standards and
specifications applicable to the development of the Subject Property, including, but not limited to the
Comprehensive Plan, Grant County's official Zoning map and development standards, the Public Works
Standards, SEPA, and all other ordinances, codes, rules and regulations of the County establishing
Subdivision standards and building standards. Existing Land Use Regulations does not include non -land
use regulations, which includes taxes and impact fees.
3.9 "Landowner" is the party who has acquired any portion of the Subject Property from the
Developer who, unless otherwise released as provided in this Development Agreement, shall be subject to
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the applicable provision of this Development Agreement. The "Developer" is identified in Section 5 of this
Development Agreement.
3.10 "Project" means the anticipated development of the Subject Property, as specified in
Section 1 and as provided for in all associated permits/approvals, and all incorporated exhibits.
Sectimn_A. Exhibits. Exhibits to this Development Agreement are as follows: -
Exhibit A Legal Description of Subject Property.
Exhibit B Legacy Resort at Frenchman Dills P.U.D. Phase 1 and PhasingPlan
to approved
d
PUD, as recorded with Grant County on July 5, 2013.
Exhibit C Minor Modification dated March 30, 2017, to approved PUD and to approved
development agreement.
]Exhibit D Legacy Resort at Frenchman Hills P.U.D. Phase 2 Plat to approved PUD, recorded
August 29, 2017.
Exhibit E Minor Modification dated May 10, 2018, to approved PUD and to approved
development agreement.
Exhibit F Legacy Resort at Frenchman Hills P.U.D. Phase 3 Plat to approved PUD, recorded
July 10, 2018.
Exhibit G Minor Modification dated March 5, 2019, to approved PUD and to approved
development agreement.
Amnded and Restated Development Agreement — Page 4
Exhibit H Minor Modification dated August 4, 2020, to approved PUD and to approved
development agreement.
Exhibit I Legacy Resort at Frenchman Hills P.U.D. Phase 5 Plat to approved PUD, recorded
February 16, 2021.
Section 5. Parties to Development Agreement,. The parties to this Development Agreement are:
5.1 The "County" is Grant County.
5.2 The "Developer" is a private enterprise which will own the Subject Property in fee, and
whose mailing address is:
Legacy Resort Construction, LLC
1191 E. Iron Eagle Drive, Ste 200
Eagle, Idaho 83616
5.3 The "Landowner." From time to time, as provided in this Development Agreement, the
Developer may sell or otherwise lawfully dispose of a portion of the Subject Property to a Landowner who,
unless otherwise released, shall be subject to the applicable provisions of this Development Agreement
related to such portion of Subject Property.
Section 6. Proi ect is a Private UndertakiM. It is agreed among the parties that the Project is a private
development and that the County has no interest therein except as authorized in the exercise of its
government functions.
Section 7. Terni. of Agreement. This Development Agreement shall commence on the effective date of
the Adopting Resolution approving this Development Agreement, and shall continue in force for period of
twenty (20) -years unless extended or terminated as provided herein. Following the expiration of the term
(including any extension thereof), or earlier termination as provided herein, this Development Agreement
shall have no force and effect, subject however, to post -termination obligations of the Developer or
Landowner.
Section 8. Vested Rights of Developer. During the term of this Development Agreement, unless sooner
terminated in accordance with the terms hereof, in developing the Subject Property consistent with the
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Project described herein, Developer is assured, and the County agrees, that the development rights,
obligations, terms and conditions specified in this Development Agreement, are fully vested in the
Developer and may not be changed or modified by the County, except as may be expressly permitted by,
and in accordance with, the terms and conditions of this Development Agreement, including the Exhibits
hereto, or as expressly consented thereto by the Developer.
Section 9. Permitted Uses and Development Standards. The permitted uses, the density and intensity
of use, the maximum height and size of proposed buildings, provisions for reservation and dedication of
land or payment of fees in lieu of dedication for public purposes, the construction, installation and extension
of public improvements, development guidelines and standards for development of the Subject Property
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shall be those set forth in this Development Agreement, the permits and approvals identified herein, and all
exhibits incorporated herein (including but not limited to those identified in Section 5. 1), all as may be
amended by application of Developer and approval by the County.
Amnded and Restated Development Agreement - Page 5
Section 10. Modifications. Modifications from the approved permits or the exhibits attached hereto may
be made by Developer and/or approved by the County in accordance with the provisions of the Code, and
shall not require an amendment to this Development Agreement.
Section 11. Further Discretionary Actions. Developer acknowledges that the Existing Land Use
Regulations contemplate the exercise of further discretionary powers by the County, which powers are to
be exercised reasonably and without undue delay or conditions.
Section 12. Existing Land. Use Fees. Land use fees adopted by the County by ordinance as of the
Effective Date of this Development Agreement may be increased by the County from time to time, and the
same may be applicable to permits and approvals for the Subject Property, provided such fees must be
otherwise lawful, must be equally applicable and must be applied equally to similar applications and
projects within the County.
Section 13. Extension of Preliminary PUDIIPI�plproval. The parties acknowledge that the most
efficient and economic development of the Subject Property depends upon numerous factors, such as
market orientation and demand, interest rates, competition and similar factors, and that generally it will be
most economically beneficial to the ultimate purchaser of the Subject Property to have the rate of
development determined by the Developer. The parties agree that the Preliminary PUDIP1at approvals for
the d � .. pp
development will be extended for an additional twenty (20) years from the Effective Date and may be
extended upon request by the Developer and mutual agreement of the parties for an additional period of
time as may be requested by the Developer and approved by the County provided that any such amendment
or extension shall follow the process established by law for the adoption of a development agreement (see
RCw 36.708.200).
Section 14. Default,
14.1 Subject to extensions of time by mutual consent in writing, failure or delay by either party or
Landowner not released from this Development Agreement to perform any material term or provision of
this Development Agreement shall constitute a default. In the event of alleged default or breach of any
terms or conditions of this Development Agreement, the party alleging such default or breach shallg ive the
other party or Landowner not less than thirty (30) days' notice in writing, specifying the nature of the alleged
default and manner in which said default may be cured. During this thirty (30) day period, theart or
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Landowner charged shall not be considered in default for purposes of termination or institution of legal
proceedings.
14.2 After notice and expiration of the thirty (30) day period, if such default has not been cured
or is not being diligently cured in the manner set forth in the notice, the other party to this Development
Agreement or Landowner may, at its option, institute legal proceedings pursuant to this Development
Agreement. In addition, the county shall be entitled to enforce the Code and to obtain penalties and costs
as provided in the Code for violations of this Development Agreement and the Code. Nothing in this
Development Agreement is intended to limit the parties' ability to seek and obtain legal remedies except as
may be otherwise provided herein.
Section 15. Termination. This Development Agreement shall expire and/or terminate as provided below:
15.1 This Development Agreement shall terminate upon the expiration of the term identified in
Section 13 or when the Subject Property has been fully developed, which ever first occurs, and all of the
Developer's obligations in connection therewith are satisfied as determined by the County. Upon
termination of this Development Agreement, the County shall record a notice of such termination reciting
Amnded and Restated Development Agreement — ]Page 6
that the Development Agreement has been terminated. This Development Agreement shall automatically
terminate and be of no further force and effect as to any dwelling unit or non-residential building and the
lot or parcel upon which such residence or building is located, when the same has been approved by the
County for occupancy.
Section 16. Effect of Termination on Develoer Obli ations. Termination of this Development
Agreement as to the Developer of the subject Property or any portion thereof shall not affect any of the
Developer's obligations to comply with the County Comprehensive Plan and the terms and conditions of
any applicable zoning codes(s) or subdivision map or other land use entitlements approved with respect to
the Subject Property, any other conditions of any other development specified in the Development
Agreement to continue after the termination of this Development Agreement or obligations to pay
assessments, liens, fees or taxes which would otherwise be applicable and due without regard to the planned
development of the Subject Property.
Section 17. Effect of Termination on County. Upon termination of this Development Agreement as to
the Developer of the Subject Property, or any portion thereof, the entitlements, conditions of development,
limitation on fees and all other terms and conditions of this Development Agreement shall no longer be
vested hereby with respect to the property affected by such termination (provided that vesting of such
entitlements, conditions or fees may be established for such property pursuant to then existing planning and
zoning laws).
Section 18. Assignment and Assumption. The Developer shall have the right to sell, assign or transfer
this Development Agreement with all their rights, title and interests therein to any person, firm or
corporation at any time during the term of this Development Agreement. Developer shall provide the
County with written notice of any intent to sell, assign, or transfer all or a portion of the Subject Properly,
at least 30 days in advance of such action.
Section 19. Covenants Running with the Land. The conditions and covenants set forth in this
Development Agreement and incorporated herein by the Exhibits shall run with the land and the benefits
and burdens shall bind and inure to the benefit of the parties. The Developer, Landowner and every
purchaser, assignee or transferee of an interest in the Subject Property, or any portion thereof, shall be
obligated and bound by the terms and conditions of this Development Agreement, and shall be the
beneficiary thereof and a party thereto, but only with respect to the Subject Property, and only with respect
to such portion thereof sold, assigned or transferred to it. Any such purchaser, assignee or transferee shall
observe and fully perform all of the duties and obligations of a Developer contained in this Development
Agreement, as such duties and obligations pertain to the portion of the Subject Property sold, assigned or
transferred to it.
Section 20. Amendments to Development Agreement: Effect of Development Agreement on Future
Actions. This Development Agreement may be amended or extended by mutual consent of all of the
parties, provided that any such amendment shall follow the process established by law for the adoption of
a development agreement (see RCW 36.708.200). However, nothing in this Development Agreement shall
prevent the County from making any amendment to its Comprehensive Plan, Zoning code, Official Zoning
Map or development regulations affecting the Subject Property during the next twenty (20) years, as the
County may deem necessary to the extent required by a serious threat to the public health and safety.
Nothing in this Development Agreement shall prevent the County from making any amendments of any
type to the Comprehensive Plan, Zoning code, Official Zoning Map or development regulations relating to
the Subject Property after twenty (20) years from the anniversary date of the Effective Date of this
Development Agreement or as may be addressed in any amendments or extensions of this Development
Agreement.
Amnded and Restated Development Agreement — Page 7
Section 21. Releases. Developer, and any subsequent Landowner, may free itself from further obligations
relating to the sold, assigned, or transferred property, provided that the buyer, assignee or transferee
expressly assumes the obligations under this Development Agreement as provided herein.
Section 22. Notices. Notices, demands, and correspondence to the County and Developer shall be
sufficiently given if dispatched by pre- paid first-class mail to the addresses of the parties as designated in
Section 5. Notice to the County shall be to the attention of the Administrator and the Chairman of the
Board. Notices to subsequent Landowners shall be required to be given by the County only for those
Landowners who have given the County written notice of their address for such notice. The parties hereto
may, from time to time, advise the other of new addresses for such notices, demands or correspondence.
Section 23. Reimbursement for ]Development Agreement Expenses of the County. Developer agrees
to reimburse the County for actual expenses incurred over and above fees paid by the Developer as an
applicant incurred by the County directly relating to this Development Agreement, including recording
fees, publishing fees and reasonable staff and consultant costs not otherwise included within application
fees. This Development Agreement shall not take effect until the fees provided for in this section, as well
as any processing fees owed by to the County for the Project are paid to the County. Upon payment of all
out-of-pocket expenses, the Developer may request written acknowledgement of all fees. All fees shall be
paid, at the latest, within thirty (30) days from. the County presentation of a written statement of charges to
the developer, upon payment of which Developer shall owe no further amounts to County with respect to
or relating to this Development Agreement.
Section 24. Applicable Law and. Attorneys' Fees. This Development Agreement shall be construed and
enforced in accordance with the laws of the State of Washington. If litigation is initiated to enforce the
terms of this Development Agreement, the prevailing party shall be entitled to recover its reasonable
attorneys' fees and costs from the non -prevailing party. Venue for any action shall lie in Grant County
Superior Court or the U.S. District Court for Eastern Washington.
Section 25. Specific Performance. The parties specifically agree that damages are not an adequate remedy
for breach of this Development Agreement, and that the parties are entitled to compel specificerformance
of al p
1 material terms of this Development Agreement by any party in default hereof.
Section 26. Severability. If any term, provision, covenant or condition of this Agreement should be held
by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of this Development
Agreement shall continue in full force and effect and shall in no way be affected, impaired or invalidated
thereby.
Section 27. Construction. In the event of a dispute between the parties as to the meaning of terms,
phrases or specific provisions of this Development Agreement, the authorship of this Development
Agreement shall not be cause for this Development Agreement to be construed against any party nor in
favor of any party.
Amnded and Restated Development Agreement — Page 8
IN WITNESS WHEREOF, the parties hereto have caused this Development Agreement to be
executed as of the dates set forth below:
OWNER/DEVELOPER:
LEGACY RESORT CONSTRUCTION, LLC,
LIZ
Megan O'Hara, Manager
State of Idaho )
ss.
County of Ada )
I certify that I know or have satisfactory evidence that Megan O'Hara signed this instrument, on
oath that she was authorized to execute the instrument and acknowledged it as a Manager of Legacy Resort
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Construction, LLC, or assigns, to be free and voluntary act of such party for and purposes mentioned in this
instrument.
Dated: q. 1 07 'o24oZ Q , 2021.
Lita-weZ
NotarAAlic
SUZANNE BOWMAN
NOTARY PUBLIC • STATE OF IDAHO
COMMISSION NUMBER 7241
MY COMMISSION EXPIRES 9.1.2024
Amnded and Restated Development Agreement — Page 9
GRANT COUNTY BOARD OF COUNTY COMMISSIONERS:
Passed by the Board of County Commissioners in regular session at Ephrata, Washington, by the following
vote, then signe by its ,membership and attested to by its Clerk in authorization of such passages this
day of , 2021.
Yea Nay Abstain BOARD OF COUNTY COMMISSIONERS
GRANT COUNTY, WASHINGTON
I . I I ...' ( 1 0)
F1 F1 Cindy Ca r, Chair
F-1 F-1Danny E Stone'. Vice Chair
❑Rob �
❑ ones, Member
ATTEST:
Amnded and Restated Development Agreement — Page 10
EXHIBIT A
Legal Description
Parcel 1 (210044000)
Farm Unit 48, Irrigation Block 80, Columbia Basin Project, Second Revision, according to the plat thereof
filed August 20, 1962, Grant County, 'Washington, EXCEPT that portion lying in the East half of the
Northeast quarter of the Northeast quarter of Section 18, Township 17 North, Range 28 E.W.M., AND
EXCEPT that portion lying Southerly and Easterly of the following described line:
Commencing at the Northwest corner of Section 17, Township 17 North, Range 28 E.W.M., thence South
00°23'56" West along the West line of said Section 17, a distance of 333.83 feet to the centerline of
O'Sullivan Dam Road as it exists February 1976; thence South 71'0 8'East along said centerline, a distance
of 684.30 feet to the Point of Beginning of said line; thence South 00°20'West 1195.30 feet; thence North
89°40' West, 696 feet; thence South 00°20' West, 296 feet; thence North 89°40' West to the West line of
said Farm Unit 48 and the terminus of said line.
AND EXCEPT Potholes Golf and Camping Condominium Phase I, according to the Amended Declaration
thereof recorded October 8, 1996, , under Auditor's File No. 961008065, records of Grant County,
Washington.
AND EXCEPT Potholes Golf and Camping Condominium Phase 2, Binding Site Plan, according to the
Amended Declaration thereof recorded November 9, 2001, under Auditor's File No. 1092312, records of
Grant County, Washington.
AND EXCEPT Potholes Mini Storage Short Plat, according to the Plat thereof recorded in Volume 10 of
Short Plats, pages 55 thru 59, records of Grant County, Washington. EXCEPT right of ,way for O'Sullivan
Dam Road.
Parcell (210042000)
That portion of Farm Units 45, 46 and 47, in Block 80, according to the plat thereof filed October 26, 1959,
Columbia Basin Project, in the Northeast Quarter, The Southeast Quarter and in the Southwest Quarter of
Section 18, Township 17 North, Range 28 East, W.M., records of Grant County, Washington, described as
follows:
Beginning at a U.S.B.R. Monument marking the Northwest corner of said Section, said point bear South
89°38'22" West from a U.S.B.R. Monument marking the Northeast corner of said Section;
Thence North 89°38'22" East following the North boundary of said Section a distance of 1,122.65 feet to
the TRUE POINT OF BEGINNING;
Thence continuing North 89°38'22" East following the North boundary of said Section and the centerline
of O'Sullivan Dam Road, a distance of 2,840.77 feet;
Amended and Restated Development Agreement — Exhibits
Thence following a tangential curve to the right having a radius of 2,865.00 feet and a central angle of
02°01'04" following the Northerly boundary of said Farm Unit 47 and the centerline of said road a distance
of 100.89 feet to the Northeast corner of said Farm Unit 47;
Thence South 00°34'30" West following the Easterly boundary of said Farm Unit 47, a distance of 2,440.64
feet to a one-half inch Surveyor's rod and cap;
Thence South 83'51'05" West 2,719.59 feet to an intersection with the West boundary of Farm Unit 46;
Thence North 00°46'42" East 66.82 feet to the Northeast corner of Government Lot 3, said Section 18;
Thence South 89°51'13" West following the North boundary of said Government Lot 3,147.75 feet; Thence
North 07°52'05" West, 682.94 feet to a one-half Surveyor's rod and cap;
Thence North 00°47'22" East 1,972.31 feet to an intersection with the North boundary of said Section and
said Farm Unit and the TRUE POINT OF BEGINNING.
EXCEPT the Legacy Resort at Frenchman Hills P.U.D. Phase 1 according to the Plat thereof recorded in
Volume 29, Page 47, records of Grant County, Washington.
EXCEPT the Legacy Resort at Frenchman Hills P.U.D. Phase 2 according to the Plat thereof recorded in
Volume 30, Page 77, records of Grant County, Washington.
AND EXCEPT the Legacy Resort at Frenchman Hills P.U.D. Phase 3 according to the Plat thereof recorded
in Volume 31, Page 16, records of Grant County, Washington.
AND EXCEPT Lots 95 and 105-108 of the Legacy Resort at Frenchman Hills P.U.D. Phase 5 according to
the Plat thereof recorded in Volume 32, Page 15, records of Grant County, Washington.
Situate in the County of Grant, State of Washington
Parcel (210043005)
That portion of Farm Unit 47, Irrigation Block 80, lying in Section 18, Township 17 North, Range 28 East,
W.M., Grant County, Washington, lying Southerly and Easterly of the following described line: North
89°3 8'22" East, 5409.92 feet from the U.S.B.R. brass cap monument marking the Northwest corner of said
Section, thence South 89°38'22" West, following the North boundary of said Section, 1446.70 feet to an
intersection with the North boundary of Farm Unit 47, Irrigation Block 80, said point being the point of
curvature of a curve to the right, the center of which bears South 00'22'00" East; thence Southeasterly
following the Northerly boundary of said Farm Unit and said curve, having a central angle of 02'01'04"
and a radius of 2865.00 feet, 100.89 feet to the Northeast corner of said Farm Unit 47; thence South
00°34'30" West, following the Easterly boundary of said Farm Unit, 2440.64 feet to the true point of
beginning of said line; thence South 83'51'05" West, 2719.59 feet to an intersection with the West
boundary of Farm Unit 46 and the terminus of said line.
Amended and Restated Development Agreement — Exhibits
EXHIBIT B
Phase 1 and Phasing Plan Plat
Amended and Restated Development Agreement — Exhibits
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THS. LEACY RESORT AT FRENCHMAN HILLS P.U.D. PHASE 1 S 18 MO S 17, T1 FWE,
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