1I III III VII IIIII IIV

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1 /23/ :33 43 PM Pages. 2 Vacation COWLITZ COUNTY PUBLIC WORKS Cowlitz County Washington 1I III III VII IIIII IIV BEFORE THE BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON In the Matter of the Vacation of a Portion of Schmitz Road RESOLUTION NO. ORDER OF VACATION 12 n45 WHEREAS, the hearing upon the Engineer's Report for the proposed vacation of a portion of Schmitz Road, more specifically described as follows: The easterly 0.25 miles of Schmitz Road being located within the Northeast Quarter of the Southeast Quarter and the Southeast Quarter of the Northeast Quarter of Section 25, Township 6 North, Range 1 West, W. M. This proposed vacation is subject to reservations, restrictions, and easements of record and for any existing utilities presently occupying the right of way, if any. came on regularly for hearing upon this date in accordance with the order of this Board of County Commissioners heretofore made; and, WHEREAS, it appearing to this Board that Notice of Hearing on the said Engineer's Report was published once a week for two successive weeks preceding this date of hearing in the official newspaper of said county, and said Notice was posted for more than twenty (20) days before this hearing, as recommended in said report, and stated that all persons interested may appear and be heard at this hearing upon said report and upon the matter of the vacation of a portion of Schmitz Road, and stated the time and place of this hearing, and that affidavits have been made and filed herein showing the posting and publication of said Notice; and, WHEREAS. the said Board of County Commissioners proceeded to consider the report of the said County Engineer and all evidence relative to the vacation of a portion of Schmitz Road and upon the Board being fully advised in the premises, finds that the public will benefit by said vacation, and therefore, the said hereinbefore described should be vacated, subject to reservations, restrictions and easements of record and for existing utilities presently occupying the right of way, if any.

2 Resolution No. 2 n45 Page 2 of 2 NOW THEREFORE BE IT CONSIDERED ORDERED AND ADJUDGED that the said hereinbefore described portion of Schmitz Road be and the same is hereby ordered vacated, subject to reservations, restrictions and easements of record, and for existing utilities presently occupying the right of way, if any. DATED this 715 day of Id.at_ r,l, foo? rttl BOARD OF COUNT OF CaWLITZ CO. T OMMISSIONERS WASHINGTON S3 Go George Rafter, Chairman ATTEST: Michael A. Karnofski, Co 1 miss oner Tiffa Os an Acting Clerk of the Board J. ne issio

3 STATE OF WASHINGTON ) County of Cowlitz In the Matter of the Proposed Vacation of a portion of Schmitz Road ENGINEER'S REPORT TO: The Board of County Commissioners Pursuant to your Order of Investigation of August 10, 2010 by Resolution No , following is a report on the proposed vacation of Schmitz Road Description: Schmitz Road is located in the east half of Section 25, Township 6 North, Range 1 West, W. M. It extends easterly from the intersection of Green Mountain Road and Shirley Gordon Road. The total length of the road is 0.51 miles and is designated a primitive road. Weyerhaeuser Real Estate Development Company has requested vacation of a portion of Schmitz Road that is located within the East half of Section 25, being approximately the easterly 0.25 miles. History: Although this road has been in the county road system in excess of 30 years, we have no record of a petition for a county road, an engineer's report, waivers, nor other documentation that would provide insight as to the history of this road. At present, this road serves one homeowner, Robert K. Brewer, and the timber interests of Weyerhaeuser Company, who have recently converted approximately 340 acres of timberland to rural residential tracts. The details of this subdivision can be found in Record of Survey, filed under Auditor's File Number It is the recommendation of the Department of Public Works that the foregoing- described primitive road (the easterly 0.25 miles) be vacated according to law, subject to reservations, restrictions and easements of record and for any utilities presently occupying the right of way, if any. DATED this 1 day of 1e brt. o r S4S\ BRAD BASTIN, P. E. County Engineer

5 r July 1, 2010 Schmitz Road - Approx MP 0.25 Looking rattily July 1, 2010 Schmitz Road - Approx MP 0.50 Terminus of Road Looking westerly

7 A Weyerhaeuser Weyerhaeuser Real Estate Development Company (WREDCo) Tim Scherer, PE, PIS, CF Mail: PO Boa Mail Stop PII2 Federal Way WA SAip: Wrycheeuscr Way So. Federal Way WA Phone: ( 253) Cell (360) , Fax (253) E -Mail Iim.xhwo( 0)wryerhanncr enni Ryan Lopossa, PE Cowlitz County Engineering Manager Avenue South Kelso, WA RE: Schmitz Road Vacation & Upgrade - Request for a Public Hearing June 24, 2010 Dear Ryan: Weyerhaeuser Real Estate Development Company ( WREDCo) has been working with you and other staff members in Building and Planning and Public Works for almost two years regarding Schmitz Road. Our collaborative work is outlined below and in the attached Exhibits, which describe current status and proposals on which we have mutually agreed to pursue. Weyerhaeuser Real Estate Development Company (WREDCo) and Cowlitz County (COUNTY) entered into a Memorandum of Agreement (MOA) on August 8, 2008, recorded at Cowlitz County on September 22, 2008 under Auditor's File Number (AFN) (Exhibit A). The MOA, in part, addressed a planned " Schmitz Road Upgrade ". The MOA also addressed a planned "Development Agreement" between WREDCo and the COUNTY. Both parties have agreed that this Road Vacation Upgrade Request will suffice in lieu of a Development Agreement. Schmitz Road is a Public Road, approximately one -half mile in length and 20 feet in width, beginning at its intersection with Shirley- Gordon and Green Mountain County Roads and then running easterly about 1/2 mile to its terminus as shown on the Record of Survey (ROS), attached as Exhibit B. Schmitz Road was designated by the COUNTY as a Primitive Road by Resolution No , dated May 6, 1985 (Exhibit D), and historically has been maintained by the COUNTY to a Primitive Road standard. The real property underlying of Schmitz Road is primarily owned by WREDCo except for a few places where a few feet of the road have meandered northerly onto Robert Brewer's property. Schmitz Road provides access to approximately three hundred and fifty five - (355) acres of land in unincorporated Cowlitz County, of which: 1. WREDCo owns approximately three hundred and thirty three - (333) acres, parceled into thirty - three (33) tracts of approximately ten (10) acres each. Eighteen (18) tracts are designated Rural Residential -Two (RR -2), which allows for two -acre parcels; thirteen (13) tracts are designated Forestry-Open Space (F -OS), which allows for five -acre parcels; and two (2) tracts are designated part RR -2 and part F-OS (Exhibit C). WREDCo's property, commonly known as Green Mountain Forest Reserve, is shown as Lots 1-33 on the ROS (Exhibit 3). 2. Robert Brewer owns approximately twenty (22) acres, parceled into two tracts of approximately twelve (12) and ten (10) acres. Both tracts are designated RR -2 and lie northerly of the first onequarter mile of Sclunitz Road (Exhibit C). Intia.1600 aaasvcalrnea.ms',. * urines sofa For Pall( n n. SStsar,-? 1UV Pe1of2 a_

8 A Weyerhaeuser Weyerhaeuser Real Estate Development Company (WREDCo) The Schmitz Road Upgrade, as shown in Exhibit E, consists of construction and re- construction of: 1. "Road Segment #1" from its intersection with Shirley - Gordon and Green Mountain County Roads, then approximately one - quarter mile east through and ending at a cul-de -sac; and 2. "Road Segment #2" from the end of Road Segment #1, then approximately one - quarter mile east to the current Schmitz Road terminus at its intersection with the east line of said Section 25. The Road Design, Exhibit E, shows that Schmitz Road will be designed and constructed as a County Rural Access Roadway with two (2) twelve foot - (12') wide travel lanes, paved two and one -half inches (2'A ") deep with asphalt surface, and two (2) one foot - (1') wide gravel shoulders. WREDCo requests that the Road Vacation specifies that: 1. WREDCo will dedicate an easement to the COUNTY for Road Segment #l, for all road and utility purposes, as described and shown on the attached three -page Exhibit F to supplement the current Primitive Schmitz Road easement. Road Segment #1 will become a Public Rural Access Road, Type A, remaining named as "Schmitz Road ". 2. The COUNTY will vacate the portion of Primitive Schmitz Road lying in the E%z, Section 25. T6N, RSW, W.M. All rights to the real property underlying the vacated road and associated easement will revert to WREDCo ownership, as the adjoining owner. Road Segment #2 will become a Private Rural Access Road, Type A, named "Five Peaks Drive ". 3. Robert Brewer will continue to have access to his property within the existing Primitive Schmitz Road casement and the newly dedicated casement for Road Segment #1 via the Upgraded Schmitz Road and two new driveway reconnections to be built by WREDCo, shown as "DRIVEWAY STA LT." and "DRIVEWAY STA LT." on Exhibit E. 4. WREDCo will be responsible for all costs incurred in connection with the Schmitz Road Upgrade, except fur the costs incurred in house - by the COUNTY associated with review of plans, permits, and other related documents. Ryan, thank you for your help in reaching consensus between the COUNTY and WREDCo on the items outlined in this memo. WREDCo requests that you schedule a Public Hearing with the Cowlitz County Board of Commissioners to approve the Vacation of the Primitive Schmitz Road and the Schmitz Road Upgrade in accordance with this memo. WREDCo requests that you present this letter and Exhibits to the Commissioners for consideration at the Public Hearing. We look forward to hearing from you. Sincerely, G Tim Scherer Land Development Manager, WREDCo Cc Jodi Spahman Bill Burton Steve Zaske Mike Wojtowicz Lisa Hendrickson Scott Dahlquist Enclosures: Exhibits A -F swy /opifrypcwwa.stiyo* uo4rog 4. a.. m. aw. sun.. w.va. trope Tenomky c lov..vs ores. 1.:Heft WM. - Page2of

9 STATE OF WASHINGTON) AFFIDAVIT OF POSTING NOTICES COUNTY OF COWLITZ ) Laurie Batterson, being duly sworn on oath, deposes and says that she was authorized and in compliance with said authorization from the Board of County Commissioners of Cowlitz County, Washington, that she did on the 28th day of February, 2012 post a copy of the notice of hearing on the proposed vacation of a portion of Schmitz Road. Said notices were posted at the following locations: 1. On Schmitz Road ''A mile from intersection with Shirley Gordon Rd 2. On Schmitz Road 'A mile from intersection with Shirley Gordon Rd Dated this 12 r4 day of - 127, h, Laurie Batterson GIVEN under my hand and official seal this ID day of niacin s 11t E y G P < ` -, P * Signature CO. F 9 t c, :,. - -.` Print Name: CCU ti'-2' t pt, ' t - i 2 Notary Public, in and for the State) fly 4`", '. of Washingt residing at P1 ( 0(1Qt/ P-J My ti com ssion expires: 9AF "... - ; & of wostaii

10 AREA OF PROPOSED VACATION EDSTER 36 LN C-4 pn L KRESDAEY HORN RD BUTTE MIL DIKE ACCESS RD WOODLAND T CARIES RD DJB DESIGNED BY DJ B DRAWN BY PROPOSED VACATION OF A PORTION OF SCHMITZ ROAD APPROVED DV 7/1 /10 DATE N.T. S.

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