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HomeMy WebLinkAboutBig Sky Developers Spencer Estates Burns Road LatecomersORIGINAL FRANKLIN COUNTY RECORDING COVER SHEET NAME AND RETURN ADDRESS: City of Pasco Attn: Public Works 525 North 3rd Avenue Pasco, WA 99301 FORM COMPLETED BY: Precilla Andaya, Admin Asst II PLEASE PRINT OR TYPE INFORMATION: AFN # 1854068 AGREE 11(17!2016 03:36 PM 18 Page(s) $90.00 Matt Beaton, Auditor Franklin Co.. WA PHONE # (509) 543-5738 DOCUMENT TITLE(S) (or transaction contained therein) 1. Developer Reimbursement Agreement 2. 3. GRANTOR(S) (Last name, first name, middle name/initials): 1. Citv of Pasco 2. 3. 4. D Additional names on page of document GRANTEE(S) (Last name, first name, middle name/initials): 1. Lee & Lynne Eickmeyer 2. Ashok & Viiav Sharma 3. Barker Testamentary Trust 49.5 Percent 4. (Additional Grantees on Exhibit A) m Additional names on page Al -A8 of document LEGAL DESCRIPTION (Abbreviated: ie.lot, block, plat or section, township, range) Farm Unit 80, Fifth Revision of Farm Unit Plat Irrigation Block 1 ... (additional legal desc on Exhibit A) ❑✓ Additional legal is on page A1 -A8 of document AUDITOR'S REFERENCE NUMBER(S) ASSESSOR'S PROPERTY TAX PARCEL NUMBER #115 180 041, #115 180 064, #115 180 073, (additional parcel #s on Exhibit A) ❑✓ Additional parcel numbers on page Al -A8 of document The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document to verify the accuracy or completeness of the indexing information EMERGENCY NONSTANDARD REQUEST I am requesting an emergency nonstandard recording for an additional fee of $50.00 as provided in RCW 36.18.010. I understand that the recording processing requirements may cover up or otherwise obscure some part of the text of the original document. Signature Date FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco, Washington 525 North 3rd Avenue Pasco, WA 99301 CITY OF PASCO DEVELOPER REIMBURSEMENT AGREEMENT THIS AGREEMENT, made and entered into this ,�3 day of C/cil Aber 2016, by and between the City of Pasco, a Municipal Corporation of the State of Washington, hereinafter referred to as "City", and Big Sky Developers, LLC, their successors and assigns, hereinafter referred to as "Developer", and Ted Tschirky, an individual, his successors and assigns (hereinafter referred to as "Tschirky'); and WHEREAS, RCW Chapter 35.91 authorizes contracts between City and the owners or developers of real estate within City, or within 10 miles of the City limits, who construct facilities to serve their own properties and other properties, whereby such owners or developers may be reimbursed by the owners of other real property who did not contribute to the original cost of the construction of the facilities, but who later desire to connect their properties to the facilities previously constructed. NOW, THEREFORE, the parties hereby mutually agree as follows: 1. Developer, Tschirky, and City have constructed the following described extension of City's facilities: 20,787.03 feet of 16 -inch ductile iron pipe (waterline) including fire hydrants, valves, and other appurtenances, beginning at a connection point with the City's existing system at the intersection of Burn's Road (Powerline Road) and Broadmoor Boulevard (Road 100), and extending west along Burns' Road to Kohler Road, and extending north along Kohler Road as to the northern boundary of Spencer Estates Phase 1. A. The improvements have been constructed in accordance with plans and specifications approved by City prior to construction. Developer and/or Tschirky have supplied City with reproducible as -built drawings regarding the facilities. Developer Reimbursement Agreement - 1 B. Developer and/or Tschirky shall deed to City any and all necessary easements pertaining to the facilities. 2. In addition to serving Developer owned or controlled properties, the facilities to be constructed will also serve the following described parcels of real property that did not contribute to the cost of the facilities construction, hereinafter referred to as the "Assessment Area", which is determined at the sole discretion of the City, and which are identified and legally described in Exhibit A attached hereto and incorporated herein by this reference. Parcel Nos. 126150212, 126150067, 126160172, 126160010, 115210022, 115180064,115180073,115180041,126150138*. *Parcel number 126150138 has been retired and now corresponds to parcels 126150139 and 126150140. 3. The constructed facilities have been certified as acceptable to City by the Public Works Director, or his designee, and Developer and/or Tschirky have conveyed such facilities and the easements or lands wherein they lie to City for the monetary consideration provided herein and the benefits of City services and of this Agreement. City now owns and operates said facilities as part of City water system subject to all of the laws and regulations, fees and assessments of City. 4. City, Developer, and Tschirky agree that the actual total costs for the design, construction engineering, inspection, construction, administrative and other costs attributable to the project was Seven Hundred and Fifty -Five Thousand, Five Hundred and Fifty -Nine Dollars and 35/100 ($755,559.35). City's contribution to the total costs was $289,788.00; Developer's contribution to the total costs was $378,891.35; and Tschirky's contribution to the total costs was $86,880.00. A. Developer will recoup its own monetary contributions to the project costs, less the "Developer's Benefit," plus a percentage portion of administrative and legal fees paid to the City for the formation and execution of this Agreement. Developer may recoup the percentage of these administration/legal fees that that is not attributed to Developer's own property within the Assessment Area. Developer's Benefit shall be considered the benefit in monetary terms that Developer's properties (as were owned at the time of connection to the utility facilities) will receive from the project. Developer's Benefit shall be calculated as the total of the linear frontage feet of all Developer's parcels that are inside the Assessment Area (1321.2 linear frontage feet), taken as a percentage (7.135%) of the total linear frontage feet of the entire Assessment Area (18,516.05 linear frontage feet), and said percentage as applies to the total project cost, less all contributions by City (7.135% x ($755,559.35 - $289,788) = $33,232.79). Developer's Benefit is $33,232.79. Developer can recoup $345,658.56, plus a portion (the portion that is not attributed to Developer's own Developer Reimbursement Agreement - 2 benefitted properties within the Assessment Area) of administrative/legal fees that Developer paid to the City as set forth in Paragraph 6.0 below, less collection charges as set forth in Paragraph 8 below. Developer will receive from the City 79.85% (less collection charges) of each reimbursement assessment payment for those benefitted properties identified in Paragraph 7 below. B. Tschirky will recoup 100% of his contributions to the project, as he has no property that derives direct benefit from the project, plus the administrative/legal fees paid to the City as set forth in Paragraph 6.0 below, less collection charges as set forth in Paragraph 8 below. Tschirky will recoup his contribution by receiving from the City 20.15% (less collection charges) of each reimbursement assessment payment for those benefitted properties identified in Paragraph 7 below. 5. The facilities subject to this Agreement are included within the City's comprehensive utility plan, and no additional comprehensive plan approval for the utility system improvements shall be required. 6. Execution of this Agreement is further conditioned upon: A. Full compliance with the Developer's and Tschirky's obligations under the Agreement and with the City's rules and regulations; and B. Payment by Developer and Tschirky to the City of all the City's costs associated with the utility system improvements including, but not limited to, engineering, legal, and administrative costs, that are over and above the agreed contributions of the City of Two Hundred and Eighty -Nine Thousand, Seven Hundred and Eighty -Eight Dollars and 00/100 ($289,788) to the total project cost of Seven Hundred and Fifty -Five Thousand, Five Hundred and Fifty -Nine Dollars and 35/100 ($755,559.35). The City acknowledges and agrees that there were/are no City costs over and above the City's above -stated agreed contributions amount. C. Developer and Tschirky must pay the City's fee for processing of this application, which includes legal, administrative, and recording costs in the amount of Two Thousand Two Hundred and Forty -Six Dollars and 82/100 ($2,246.82). This amount will be calculated into the total assessment costs, which are hereinafter referred to as the "Total Assessment," so that Developer and Tschirky can potentially collect reimbursement for a portion of said fee that is not attributed to the parties' own benefitted properties within the Assessment Area. Prior to the execution of this agreement, each party must pay its pro rata share of this fee to the City. Developer shall pay to the City $1,794.09 and Tschirky shall pay to the City $452.73, which amounts Developer and Tschirky have paid to the City. Developer Reimbursement Agreement - 3 7. For a period of twenty (20) years from the date thereof, any person, firm, corporation or other entity now or hereafter owning the following -described benefitted properties within the Assessment Area, desiring to connect to the described facilities, shall pay their pro -rata share of the total cost of said facilities ("Total Assessment"). For this project the Total Assessment is $468,018.17. The individual Assessment attributed to each parcel of benefited property described in this Agreement shall be charged to the property owner as follows: Parcel number 126150138*: $108,219.84 Parcel number 126160172:....$16,642.73 Parcel number 126160010:....$49,745.65 Parcel number 126150067:....$18,037.42 Parcel number 115210022:..$134,138.69 Parcel number 115180073:....$33,641.15 Parcel number 115180064:....$33,608.38 Parcel number 115180041: .... $33,496.06 Parcel number 126150212:......$7,095.16 * Parcel 126150138 has been retired, and now corresponds to parcels 126150139 and 126150140. Said current parcels shall be responsible for the entire $108,219.84 assessment on a pro -rata basis determined by the size of each parcel as a percentage of the retired parent parcel. 8. No person, firm, corporation or other entity shall be granted a permit or be authorized by City to tap into or use the referenced facilities during the period of time prescribed in Paragraph 7 above without first paying to City, in addition to any and all other costs, assessments and charges made and assessed for such tap or use, the amount required by the provisions of this Agreement. The City shall deduct from all reimbursement assessment payments it collects, an amount as designated in Pasco Municipal Code 3.07.180 to cover its administrative collection costs. Otherwise, all amounts so received during this time period by City shall be remitted to Developer or assigns and Tschirky within sixty (60) days of the receipt thereof, in accordance with this Agreement. 9. Whenever any tap or connection is made into the described facilities, without such payment having first been made, the City may remove, or cause to be removed, such unauthorized tap or connection and all connecting tile or pipe located in the facilities right of way and dispose of unauthorized material so removed without any liability whatsoever. 10. Any funds collected by City and payable to Developer in accordance with the terms of this contract shall be remitted to Developer at the following address: Developer Reimbursement Agreement - 4 Address: 12406 Eagle Reach Ct. Pasco WA 99301 Email: ccolre@aol.com Developer may change such address at any time by providing written notice of such address change to City at its following address: Address: Attn: Engineering PO Box 293 Pasco, WA 99301 11. Any funds collected by City and payable to Tschirky in accordance with the terms of this contract shall be remitted to Tschirky at the following address: Address: 2790 Dent Road Pasco, WA 99301 Email: ted.tschirky@gmail.com Tschirky may change such address at any time by providing written notice of such address change to City at its following address: Address: Attn: Engineering PO Box 293 Pasco, WA 99301 12. In accordance with Pasco Municipal Code Section 14.12.60B, Developer and Tschirky shall provide to the City in writing every two (2) years from the date this Agreement was executed, information regarding the current contact name, address, and telephone number of the person, company or partnership that originally entered into the Agreement. If either the Developer or Tschirky fails to comply with the notification requirements within sixty (60) days of the specified time, then City may collect any reimbursement funds owed to that party under this Agreement. 13. If prior to the expiration of one (1) year after the date that the utility facility is conveyed to and accepted by City any work is found to be defective, Developer and/or Tschirky shall promptly without cost to City, either correct such defective work or, if it has been rejected by City, remove and replace it with non -defective work. If Developer and/or Tschirky do not promptly comply with the terms of such instructions, City may have the defective work corrected or the rejected work removed and replaced and all direct and indirect costs of such removal and replacement, including compensation for professional services, shall be withheld from the reimbursement assessment payments that are due to Developer and/or Tschirky. The City acknowledges and agrees that the above -stated one (1) year period expired without any defective work found by the City. Developer Reimbursement Agreement - 5 14. Developer agrees that once the City has collected all amounts under this Agreement up to a maximum of $347,324.64 ((Developers' contributions to project less Developers' Benefit) + (admin/legal fee paid to City less 7.135% to account for Developers' Benefit)), as specified in Paragraphs 4 and 6 of this Agreement, and remitted such amount (less any collection charges) to Developer, that City shall remit to Developer no further fees under this Agreement. 15. Tschirky agrees that once the City has collected all amounts under this Agreement up to a maximum of $87,332.73 as specified in Paragraphs 4 and 6 of this Agreement, and remitted such amount (less any collection charges) to Tschirky, that City shall remit to Tschirky no further fees under this Agreement. 16. Developer and Tschirky hereunder are independent contractors and are not agents or employees of City. 17. Developer and Tschirky agree jointly and severally to indemnify, defend and hold the City harmless from any action, claim or proceeding brought or maintained by any latecomer challenging the validity or enforceability of this Agreement. In turn, the City agrees to cooperate with Developer and Tschirky in the course of any such claim, proceeding or action to provide reasonable and lawful access to City records and witnesses. CITY OF PASCO, WA David Za qty Manager BIG SKY DEVELOPERS, LLC Dave Greeno, Managing Member TED TSCHtRKY Ted Tschirky, Individual operty Owner Developer Reimbursement Agreement - 6 STATE OF WASHINGTON ) ss. County of Franklin On this day personally appeared before me DAVE ZABELL, City Manager of the City of Pasco, Washington, to be known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and officio} seal this 4 day of , 2016. NOTARY PUB C m and ort e State of W as Residing at: I L. ZUNKER My Commission Expires: a'O NOTARY PUBLIC STATE OF WASHINGTON STATE OF WASHINGTON ) COMMISSION EXPIRES : ss. MARCH 3, 2020 County of Franklin ) MMSM On this day personally appeared before me DAVE GREENO, to me known to be the Managing Member of Big Sky Developers., LLC, a Washington limited liability company, that executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act of and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. my hand and oftial seal this day of 6�2016. - <► Rr -'r. '% Z NgTARY PUBAWin and for ibk State of Washington p Residing at: Cp jOUO�' w9.= C9 My Commission Expires: "11111„ : SS. County of�'ranklin ) On this day personally appeared before me TED TSCHIRKY, a married man, to be known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and �dYr fiyy hand an offici '_ ; Z %° p � N Re ARYF My ommi. 'a u� 0� �2gr'muxa.2` q�2 �OF`NP_ Developer Reimbursement Agreement - 7 and for k* State of Washington Expires: EXHIBIT A Legal descriptions for parcels that are serviced by the Spencer Estates water main construction proiect: Parcel No. 115 180 041 Grantor: City of Pasco Grantee: Lee & Lynne Eickmeyer FARM UNIT 80, FIFTH REVISION OF FARM UNIT PLAT IRRIGATION BLOCK 1, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 1 OF THE SOUTH COLUMBIA BASIN FARM UNIT PLATS, PAGE 20, RECORDS OF FRANKLIN COUNTY, STATE OF WASHINGTON, EXCEPT THAT PORTION BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID FARM UNIT; THENCE SOUTH 89°45'51" EAST 30.02 FEET TO THE TRUE POINT OF BEGINNING, POINT ALSO BEING ON THE EASTERLY RIGHT OF WAY LINE OF DENT ROAD; THENCE SOUTH 01'56'56" WEST ALONG SAID RIGHT OF WAY LINE 1280.52 FEET; THENCE SOUTH 89°45'51" EAST 1288.24 FEET; THENCE NORTH 01'56'56" EAST 1280.52 FEET TO A POINT ON THE NORTHERLY LINE OF ABOVE SAID FARM UNIT; THENCE NORTH 89045'51" WEST 1288.24 FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPT THE FOLLOWING DESCRIBED PORTION: COMMENCING AT THE NORTHWEST CORNER OF SAID FARM UNIT; THENCE SOUTH 89°45'51" EAST 30.02 FEET TO THE EASTERLY RIGHT OF WAY LINE OF DENT ROAD; THENCE SOUTH 01056'56" WEST ALONG SAID RIGHT OF WAY LINE 1280.52 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89045'51" EAST 1288.24 FEET; THENCE SOUTH 01056'56" WEST 1298.81 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF BURNS ROAD; THENCE NORTH 89030'47" WEST ALONG SAID RIGHT OF WAY LINE 357.93 FEET TO THE BEGINNING OF A CURVE TO THE LEFT, THE RADIUS OF WHICH BEARS SOUTH 00029'13 WEST 8040.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE AND SAID RIGHT OF WAY 429.16 FEET; THENCE SOUTH 87°25'43" WEST ALONG SAID RIGHT OF WAY 341.80 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT, THE RADIUS OF WHICH BEARS NORTH 02034'17" WEST 7960.00 FEET; THENCE WESTERLY ALONG SAID CURVE AND SAID RIGHT OF WAY 86.45 FEET; THENCE NORTH 52°13'04" WEST 91.74 FEET TO A POINT ON ABOVE SAID DENT ROAD RIGHT OF WAY; THENCE NORTH 01056'56" EAST ALONG SAID DENT ROAD RIGHT OF WAY 1271.40 FEET TO THE TRUE POINT OF BEGINNING. Al Parcel No. 115 180 064 Grantor: City of Pasco Grantee: Ashok & Vijay Shauna The South half of the Southeast quarter of the Southeast quarter of Section 6, Township 9 North, Range 29 East, W.M., records of Franklin County, Washington. Parcel No. 115 180 073 Grantor: City of Pasco Grantee: Barker Testamentary Trust 49.5 Percent Farm Unit 99, Third Revision, Irrigation Block 1, Columbia Basin Project, Washington, according to the plat thereof recorded in Volume C of plats, Page 63, Franklin County, Washington. Parcel No. 115 210 022 Grantor: City of Pasco Grantee: Dale C. Adams ALL FR 7-9-29 LESS EASEMENT & EXC PTN TO ST OF WA FOR SR I-82 (PARC EL 5-04295) EXC TH PTN SE 7-9-29 LY SLY OF ST HWY 1-182 EXC E748.97' THEREOF AND TH PTN S30' OF SE 7-9-29 LY ELY CTRLN FR COUNTY IRR DIST CANAL R/W LESS TRACT 1 OF RS #1728137 AND EXC PTN FOR DENT (1725816) Parcel No. 126 150 067 Grantee: City of Pasco Grantor: Rodney & Julie Burns That portion of Section 1, Township 9 North, Range 28 East W.M., formerly known as: Farm Unit 107, Third Revision of Farm Unit plat, Irrigation Block 1, according to the recorded plat thereof, recorded in Volume C of Plats, page 63, records of Franklin County, Washington, EXCEPT that portion thereof described as follows: Beginning at the Northwest corner of said Farm Unit 107 running thence Southwesterly along the Westerly line of said Farm Unit 107, a distance of 53.28 feet; thence South 89°56'03" East, to a point on the East line of said Farm Unit 107, which point is 53.47 feet South of the Northeast corner of said Farm Unit 107; thence North along the East line of said Farm Unit 107, a distance of 53.47 feet to the Northeast corner thereof; thence Westerly along the North line of said Farm Unit 107 to the Point of Beginning. Records of Franklin County, Washington. A2 Parcel No. 126 150 138 Grantor: City of Pasco Grantee: Pasco Ranch That portion of Farm Unit 80, Fifth Revision of Farm Unit Plat of Irrigation Block 1, according to the plat thereof recorded in Volume 1 of the South Columbia Basin Unit Plats, page 20 records of Franklin County, State of Washington, said Farm Unit also being described as the Southwest quarter of Section 6, Township 9 North, Range 29 East W.M., being described as follows: Commencing at the Northwest Corner of said Farm Unit; thence South 89°45'51" East 30.02 feet to the True Point of Beginning, point also being on the Easterly right of way line of Dent Road; thence South 01'56'56" West along said right of way line 1280.52 feet; thence 89°45'51 " East 1288.24 feet; thence North 01 °56'56" East 1280.52 feet to a point on the Northerly line of above said Farm Unit; thence North 89°45'51" West 1288.24 feet to the True Point of Beginning. Parcel No. 126 150 212 Grantor: City of Pasco Grantee: Dream View Estates, LLC Lot 27, Dream View Estates #1, according to the plat thereof recorded in Volume D of Plat, Page 205, records of Franklin County, Washington. Parcel No. 126 150 301 Lot 1, Spencer Estates, according to the Plat thereof recorded in Volume D of Plats, page 467 and 468, records of Franklin County, Washington. Parcel No. 126 150 302 Lot(s) 2, Spencer Estates, according to the Plat thereof recorded in Volume D of Plats, page(s) 467, records of Franklin County, Washington. Parcel No. 126 150 303 Lot 3, Spencer Estates, according to the Plat thereof recorded in Volume D of Plats, page 467 and 468, records of Franklin County, Washington. Parcel No. 126 150 304 Lot(s) 4, Spencer Estates, according to the Plat thereof recorded in Volume D of Plats, page(s) 467 and 468, records of Franklin County, Washington. Parcel No. 126 150 305 Lot 5, Spencer Estates, according to the Plat thereof recorded in Volume D of Plats, page 467 and 468, records of Franklin County, Washington. A3 Parcel No. 126 150 306 Lot 6, Spencer Estates, according to the Plat thereof recorded under Volume D of Plats, page 467 and 468, records of Franklin County, Washington. Parcel No. 126 150 307 Lot 7, Spencer Estates, according to the Plat thereof recorded in Volume D of Plats, page 467 and 468, records of Franklin County, Washington. Parcel No. 126 150 308 Lot 8 Spencer Estates, according to the Plat thereof recorded in Volume D of Plats, page 467 and 468, records of Franklin County, Washington. Parcel No. 126 150 309 Lot 9, Spencer Estates, according to the Plat thereof recorded in Volume D of Plats, page 467 and 468, records of Franklin County, Washington. Parcel No. 126 150 310 Lot 10, Spencer Estates, according the Plat thereof recorded under Volume D of Plats, page 467 and 468, records of Franklin County, Washington. Parcel No. 126 150 311 Lot 11, Spencer Estates, according to the Plat thereof recorded in Volume D of Plats, page 467 and 468, records of Franklin County, Washington. Parcel No. 126 150 312 Lot 12, Spencer Estates, according to the Plat thereof recorded in Volume D of Plats, page 467 and 468, records of Franklin County, Washington. Parcel No. 126 150 313 Lot 13, Spencer Estates, according to the Plat thereof recorded in Volume D of Plats, page 467, records of Franklin County, Washington. Parcel No. 126 150 314 Lot(s) 14, Spencer Estates, according to the Plat thereof recorded in Volume D of Plats, page(s) 467, records of Franklin County, Washington. Parcel No. 126 150 315 Lot 15, Spencer Estates, according to the Plat thereof recorded in Volume D of Plats, page 467 and 468, records of Franklin County, Washington. Parcel No. 126 150 316 Lot 16, Spencer Estates, according to the Plat thereof recorded in Volume D of Plats, page 467 and 468, records of Franklin County, Washington. RC1 Parcel No. 126 150 317 Lot 17, Spencer Estates, according to the Plat thereof recorded in Volume D of Plats, page 467 and 468 records of Franklin County, Washington. Parcel No. 126 150 318 Lot 18, Spencer Estates, according to the Plat thereof recorded in Volume D of Plats, page 467 and 468, records of Franklin County, Washington. Parcel No. 126 150 319 Lot 19, Spencer Estates, according to the Plat thereof recorded in Volume D of Plats, page 467 and 468, records of Franklin County, Washington. Parcel No. 126 150 320 Lot 20, Spencer Estates, according to the Plat thereof recorded under Volume D of Plats, page 467 and 468, records of Franklin County, Washington. Parcel No. 126 150 321 Lot 21, Spencer Estates, according to the Plat thereof recorded under Volume D of Plats, page 467 and 468, records of Franklin County, Washington. Parcel No. 126 150 322 Lot(s) 22, Spencer Estates, according to the Plat thereof recorded in Volume D of Plats, page 467, records of Franklin County, Washington. Parcel No. 126 150 323 Lot 23, Spencer Estates, according to the Plat thereof recorded in Volume D of Plats, page 467 and 468, records of Franklin County, Washington. Parcel No. 126 150 324 Lot 24, Spencer Estates, according to the Plat thereof recorded in Volume D of Plats, page 467 and 468, records of Franklin County, Washington. Parcel No. 126 150 325 Lot 25, Spencer Estates, according to the Plat thereof recorded in Volume D of Plats, page 467 and 468, records of Franklin County, Washington. Parcel No. 126 150 326 Lot 26, Spencer Estates, according to the Plat thereof recorded in Volume D of Plats, page 467 and 468, records of Franklin County, Washington. Parcel No. 126 150 327 Lot 27, Spencer Estates, according to the Plat thereof recorded in Volume D of Plats, Page 467, records of Franklin County, Washington. A5 Parcel No. 126 150 328 Lot(s) 28, Spencer Estates, according to the Plat thereof recorded under Volume D of Plats, page(s) 467 and 468, records of Franklin County, Washington. Parcel No. 126 150 329 Lot 29, Spencer Estates, according to the Plat thereof recorded under Volume D of Plats, page 467 and 468, records of Franklin County, Washington. Parcel No. 126 150 330 Lot 30, Spencer Estates, according to the Plat thereof recorded in Volume D of Plats, page 467 and 468, records of Franklin County, Washington. Parcel No. 126 150 331 Lot 31, Spencer Estates, according to the Plat thereof recorded under Volume D of Plats, page 467 and 468, records of Franklin County, Washington. Parcel No. 126 150 332 Lot 32, Spencer Estates, according to the Plat thereof recorded under Volume D of Plats, page 467 and 468, records of Franklin County, Washington. Parcel No. 126 150 333 Lot 33, Spencer Estates, according to the Plat thereof recorded under Volume D of Plats, page 467 and 468, records of Franklin County, Washington. Parcel No. 126 150 334 Lot 34, Spencer Estates, according to the Plat thereof recorded under Volume D of Plats, page 467, records of Franklin County, Washington. Parcel No. 126 150 335 Lot 35, Spencer Estates, according to the Plat thereof recorded under Volume D of Plats, page 467, records of Franklin County, Washington. Parcel No. 126 150 336 Lot 36, Spencer Estates, according to the Plat thereof recorded under Volume D of Plats, page 467 and 468, records of Franklin County, Washington. Parcel No. 126 150 337 Lot 37, Spencer Estates, according to the Plat thereof recorded under Volume D of Plats, page 467 and 468, records of Franklin County, Washington. Parcel No. 126 150 338 Lot 38, Spencer Estates, according to the Plat thereof recorded in Volume D of Plats, page 467 and 468, records of Franklin County, Washington. m Parcel No. 126 150 339 Lot 39, Spencer Estates, according to the Plat thereof recorded in Volume D of Plats, page 467 and 468, records of Franklin County, Washington. Parcel No. 126 150 340 Lot 40, Spencer Estates, according to the Plat thereof recorded under Volume D of Plats, page 467 and 468, records of Franklin County, Washington. Parcel No. 126 150 341 Lot 41, Spencer Estates, according to the Plat thereof recorded under Volume D of Plats, page 467, records of Franklin County, Washington. Parcel No. 126 150 076 THAT PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 1, TOWNSHIP 9 NORTH, RANGE 28 EAST W.M., FRANKLIN COUNTY, WASHINGTON, LYING EAST OF KOHLER ROAD DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OR THE ABOVE SAID SECTION; THENCE SOUTH 89°59'11" EAST ALONG THE NORTHERLY LINE OF SAID QUARTER 1028.45 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH LINE 302.82 FEET TO THE NORTHEAST CORNER OF SAID QUARTER; THENCE SOUTH 01047'36" WEST ALONG THE EASTERLY LINE OF SAID QUARTER 168.60 FEET; THENCE NORTH 89°59'11" WEST 102.66 FEET; THENCE NORTH 44°59'11" WEST 68.69 FEET; THENCE SOUTH 89°59'11" WEST 150.00 FEET; THENCE NORTH 01045'08" EAST 120.00 FEET TO THE TRUE POINT OF BEGINNING. Parcel No. 126 160 010 Grantor: City of Pasco Grantee: Rocky Hills Management FARM UNIT 84, FIRST REVISION FARM UNIT PLAT, IRRIGATION BLOCK 1, ACCORDING TO PLAT THEREOF RECORDED IN VOLUME "B" OF PLATS, PAGE 79, RECORDS OF FRANKLIN COUNTY, WASHINGTON; EXCEPT THE SOUTH 1,320 FEET OF THE EAST 330 FEET. TOGETHER WITH A 30 FOOT WIDE EASEMENT FOR AN IRRIGATION PIPELINE OVER, ACROSS AND THROUGH THE FOLLOWING DESCRIBED SERVIENT PROPERTY SITUATED WITHIN THE COUNTY OF FRANKLIN, STATE OF WASHINGTON, PARTICULARLY DESCRIBED AS FOLLOWS: 15 FEET OF EACH SIDE OF THE FOLLOWING DESCRIBED LINE. A7 BEGINNING AT THE NORTHEAST CORNER OF FARM UNIT 84, FIRST REVISION FARM UNIT PLAT IRRIGATION BLOCK 1, ACCORDING TO PLAT THEREOF RECORDED IN VOLUME "B" OF PLATS, PAGE 79; THENCE SOUTH 00052'54" WEST 620.8 FEET; THENCE SOUTH 36°10' WEST 238.2 FEET TO THE TRUE POINT OF BEGINNING OF SAID LINE; THENCE NORTH 74°21' WEST 8.8 FEET; THENCE NORTH 62°15' WEST 1753.9 FEET TO THE NORTH LINE OF SAID FARM UNIT 84 AND THE POINT OF TERMINUS OF SAID LINE. Parcel No. 126 160 172 Grantor: City of Pasco Grantee: Horrigan Farms, Inc. Farm Unit 105, First Revision of Farm Unit Plat, Irrigation Block 1, according to the Plat thereof, as recorded in Volume B, Page 79, Franklin County, Washington, all in the West half of Section 12, Township 9, North, Range 28, East, W.M., Franklin County, Washington, EXCEPT the following described portion thereof: Commencing at the North quarter corner of said Section 12, said point also being on the northerly line of said Farm Unit 105; thence North 89°08'04" West along said Northerly line of said Farm Unit 105 for 196.84 feet; thence South 00°45'23" West continuing along said line of Farm Unit 105 for 1008.24 feet; thence North 89°08'00" West continuing along said line for 1123.31 feet; thence South 00°45'23" West continuing along said line for 336.08 feet; thence South 89°31'40" West continuing along said line for 114.53 feet to the True Point of Beginning. Thence south 89°31'40" West continuing along said line for 1061.14 feet to a point on the Easterly right-of-way line of a road known as Pasco Columbia River Road; thence South 00°43'00" West along said Easterly right-of-way line for 814.25 feet to a point on a curve to the left, the radius point of which bears South 89017'00" East 1402.40 feet; thence Southerly along said curve 688.61 feet; thence South 27°25'00" East continuing along said Easterly right-of-way line for 1128.40 feet to a point on a curve to the left, the radius point of which bears north 62°35'00" East 1879.90 feet; thence Southerly along said curve 240.09 feet to the southerly line of said Farm Unit 105; thence North 89°29'04" East along said Southerly line for 166.58 feet; thence North 02°12'37" East 2693.88 feet to the said true point of beginning. AND EXCEPT the following described real property located in the Southwest Quarter of Section 12 Township 9 North Range 29 East Willamette Meridian, Franklin County Washington, being a portion of Farm Unit 105, First Revision of Farm Unit Plat, Irrigation Block 1, according to the plat thereof, as recorded in Volume B, page 79, records of Franklin County, Washington, being more particularly described as follows: Im Beginning at the Southeast corner of Lot 1, Short Plat No. 95-28 as recorded in Volume 1 of Short Plats, page 377, records of Franklin County; thence South 01'17'29" West, 450.00 feet along the East line of Lot 2 of said Short Plat No. 95-28 to the True Point of Beginning. Thence North 61°17'41" East, 34.78 feet; thence South 11°22'43" East, 104.11 feet; thence South 00°29'03" West, 130.43 feet to a point on the are of a 170.36 feet radius non -tangent curve (radius point bears South 89°20'57" East); thence Southeasterly, 112.62 feet along the arc of said curve through a central angle of 37°52'36"; thence leaving said non -tangent curve South 36°44'35" East, 132.99 feet; thence South 40°31'26" East, 120.02 feet; thence South 47°4227" East, 143.79 feet; thence South 48°30'47" East, 142.48 feet; thence South 55°33'57" East, 82.56 feet; thence South 00°24'18" West, 83.35 feet to a point on the South line of said Farm Unit 105; thence South 89°05'12" West, 541.99 feet along said South line to the East line of said Lot 2, Short Plat No. 95-28; thence North 01'17'29" East, 848.61 feet to the True Point of Beginning. Parcel No. 126 180 041 FARM UNIT 80, FIFTH REVISION OF FARM UNIT PLAT IRRIGATION BLOCK 1, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 1 OF THE SOUTH COLUMBIA BASIN FARM UNIT PLATS, PAGE 20, RECORDS OF FRANKLIN COUNTY, STATE OF WASHINGTON, EXCEPT THAT PORTION BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID FARM UNIT; THENCE SOUTH 89045'51" EAST 30.02 FEET TO THE TRUE POINT OF BEGINNING, POINT ALSO BEING ON THE EASTERLY RIGHT OF WAY LINE OF DENT ROAD; THENCE SOUTH 01'56'56" WEST ALONG SAID RIGHT OF WAY LINE 1280.52 FEET; THENCE SOUTH 89°45'51" EAST 1288.24 FEET; THENCE NORTH 01056'56" EAST 1280.52 FEET TO A POINT ON THE NORTHERLY LINE OF ABOVE SAID FARM UNIT; THENCE NORTH 89°45'51" WEST 1288.24 FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPT THE FOLLOWING DESCRIBED PORTION: COMMENCING AT THE NORTHWEST CORNER OF SAID FARM UNIT; THENCE SOUTH 89045'51" EAST 30.02 FEET TO THE EASTERLY RIGHT OF WAY LINE OF DENT ROAD; THENCE SOUTH 01'56'56" WEST ALONG SAID RIGHT OF WAY LINE 1280.52 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89045'51" EAST 1288.24 FEET; THENCE SOUTH 01'56'56" WEST 1298.81 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF BURNS ROAD; THENCE NORTH 89030'47" WEST ALONG SAID RIGHT OF WAY LINE 357.93 FEET TO THE BEGINNING OF A CURVE TO THE LEFT, THE RADIUS OF WHICH BEARS M SOUTH 00029'13" WEST 8040.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE AND SAID RIGHT OF WAY 429.16 FEET; THENCE SOUTH 87025'43" WEST ALONG SAID RIGHT OF WAY 341.80 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT, THE RADIUS OF WHICH BEARS NORTH 02°34'17" WEST 7960.00 FEET; THENCE WESTERLY ALONG SAID CURVE AND SAID RIGHT OF WAY 86.45 FEET; THENCE NORTH 52°13'04" WEST 91.74 FEET TO A POINT ON ABOVE SAID DENT ROAD RIGHT OF WAY; THENCE NORTH 01056'56" EAST ALONG SAID DENT ROAD RIGHT OF WAY 1271.40 FEET TO THE TRUE POINT OF BEGINNING. 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