Loading...
HomeMy WebLinkAboutSUB2014-00019 JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT UNIFIED DEVELOPMENT CODE TYPE LAND USE PERMIT APPLICANT: GARY MIKELSON MARY L MIKELSON 393 FREDERICK ST PORT TOWNSEND WA 98368-9757 DATE ISSUED: March 19, 2015 DATE EXPIRES: March 19, 2016 MLA NUMBER: MLA14-00102 PROJECT PLANNER: Joel Peterson PROJECT DESCRIPTION: LOT CERTIFICATION PROJECT LOCATION: PARCEL#945-901-201 COVE ADDITION BLK 12 LOTS 1 -8 &QTA PTN 8TH ST AND ATLANTIC AVE ADJ CONDITIONS: 1.) Health has the following issues: 1) Septic permit number SEP00-00183 was permitted on this property utilizing lots 1 thru 8. This proposed "lot certification" appears to remove lots 1&8, this existing drainfield is partially installed on lot 1. A 5 foot setback of this drainfield to the property line, an easement, or other means to meet Table IV of WAC246-272A is required. Failure to address this issue will cause SEP00-00183 to become a violation. 2) No assurances are given nor implied that the proposed new parcel meets the minimum requirements for septic system permitting or will meet minimum requirements at the time of a future application. 3) Both proposed properties must have a connection to the city water supply. 2.) Parcel numbers are assigned upon recording of Statement of Intent. 3.) The Lot Certification statement of intent legal descriptions shall be recorded with Jefferson County Auditor's office. 4.) CONSISTENT WITH RCW 84.56.345, CURRENT YEAR AND ALL DELINQUENT PROPERTY TAXES INCLUDING COMPENSATING TAX FROM OPEN SPACE PROGRAM SHALL BE PAID IN FULL PRIOR TO RECORDING THE STATEMENT OF INTENT. FINDINGS: 1.) The Administrator finds that this application complies with applicable provisions of the Unified Development Code, all other applicable ordinances and regulations, and is consistent with the Jefferson County Comprehensive Plan and Land Use map. 2.) As the Parcels are found exempt from RCW 58.17 and Jefferson County Code 18.35, a title report is not required. It is the property owner's responsibility to identify and rectify any security interest conveyances, encumbrances, easements or restrictions affecting the subject properties involved in this county reviewed exemption. 3.) This determination does not guarantee an ability to develop the parcels. All development shall comply with the on-site sewage code, the building codes and local development regulations in effect at the time of application. 4.) Based on the findings, parcel number 945901201, comprised of lots 1 through 8 with vacated portions of 8th Street and Atlantic Avenue, can be segregated to two (2) separate parcels as described in the legal descriptions submitted with the application. 5.) The parcel has been designated as RR 1:5 Rural Residential under the Jefferson County Comprehensive Land use Map effective August 28, 1998. 6.) On February 27, 2015, Sherrie Shold in the Assessor's Office commented as follows: "[With small clean-up details], I have no objections." 7.) On February 24, 2015, Pat Perryman in the Assessor's GIS department commented as follows: "I have no issues with this proposed Lot Certification." 8.) RCW 58.17 requires regulation of the division of land and was passed August 11, 1969. 9.) Portions of the Rights-of-Way for Atlantic Avenue and 8th Street, in the Plat of Cove Addition were statutorily vacated on October 6, 2014 in Superior Court by Stipulated Judgement Quieting Title to Real Property, Cause No. 14-2-00175-3. 10.) Jefferson County determined that this proposal is categorically exempt from review under the State Environmental Policy Act(SEPA) pursuant to WAC 197-11-800(6)(a). 11.) NOTICE: This permit does not excuse the proponent from complying with other local, state, and federal ordinances, regulations, or statutes applicable to the proposed development, but consistent with RCW 90.58. Development pursuant to this permit shall be undertaken subject to the applicable policies and performance standards of the Jefferson County Shoreline Management Master Program and the Jefferson County Unified Development Code. If during excavation or development of the site an area of potential archaeological significance is uncovered, all activity in the immediate area shall be halted, and the Administrator shall be notified at once. The Federal Endangered Species Act rules to protect threatened Chinook and Summer-run Chum salmon became effective on January 8, 2001. Bull trout have been listed as threatened since early 2000. Under the ESA, any person may bring lawsuit against any individual or agency that 'takes" listed species (defined as causing harm, harassing, or damaging habitat for the listed species). In addition, the National Marine Fisheries Service can levy penalties. Portions of Jefferson County, including marine environments are included as "critical habitat" for listed species. Development of property along any marine shoreline, freshwater shoreline, or floodplains could harm habitat if protective measures are not taken. To minimize the potential to damage habitat, all property owners developing adjacent to marine shoreline, freshwater shoreline, or floodplains are advised to do the following: -All development activities should avoid unstable slopes, wetlands, and forested areas near surface waters - Remove minimal vegetation for site development, especially large trees -Allow trees that have fallen into surface waters to remain there - Infiltrate stormwater from buildings and driveways onsite through drywells rather than discharging directly into surface waters or roadside ditches The Federal Bald and Golden Eagle Protection Act requires landowners within 660 feet(1/8th of a mile) of an eagle nest to consult with the US Fish and Wildlife Service. This Eagle Act prohibits anyone from "taking" bald eagles. This federal law defines the term "take" and describes the possible legal consequences when a"take" occurs. Among other actions, "take" includes a disturbance of bald eagles or their habitat. Under federal law a permit may still be required for activities that impact bald eagles or their habitat. Contact the US Fish and Wildlife Service (http://www.fws.gov/pacific/eagle/) to learn more about how this law affects your project. Any individual, group, or agency can bring suit for a listed species"taking", even if you are in compliance with Jefferson County development codes. The risk of a lawsuit against you can be reduced by consulting with a professional fisheries habitat biologist, and following the recommendations for site development provided by the biologist. For more information, contact the National Marine Fisheries Service in Seattle, or the U.S. Fish and Wildlife Service. 12.) The Plat of Cove Addition was recorded on October 5, 1889. APPEALS: Pursuant to RCW 36.70C,the applicant or any aggrieved party may appeal this final decision to Jefferson County Superior Court within twenty-one(21)calendar days of the date of issuance of this land use decision. For more information related to judical appeals see JCC 18.40.340. Pursuant to RCW 36.70C,the applicant or any aggrieved party may appeal this final decision to the Hearing Examiner within fourteen (14)calendar days of the date of issuance of this land use decision. For more information related to administrative appeals see JCC 18.40.330. The Threshold Determination for this Type I Permit may not be appealed to the Hearing Examiner. For more information related to SEPA appeals see JCC 18.40.810. /Le/ -- UDC Administrator M LA14-00102 \\tidemark\data\forms\F_MLT_IssuePermit_U.rpt 3/19/2015 Page 2 of 2 5900ZOPM 2 PGS 3 CERT 03/19/2015 $74.00 JEFF CO DEPT OF COMMUNITY DEVELOPMEN Jefferson County WA Auditor's Office - Rose Ann Carroll, Auditor 1111111M111V.IOTIOICIRMUliiii, 1u ii 1 AFTER RECORDING MAIL TO: Name: Jefferson County DCD, DRD Address: 621 Sheridan City/State: Port Townsend, WA 98368 All Situate in the County of Jefferson, State of Washington Lot Certification MLA Number: MLA14-00102 Parcel Number: 945901201 Section 16 Township 30 N Range 01 W Grantor(s): 1. Gary Mikelson & Mary L. Mikelson Grantee(s): 1' Gary Mikelson & Mary L. Mikelson Legal Description: Parcel involved in the lot certification are currently legally described as follows (include Assessor's Property Tax Parcel Account Number): Parcel A: Existing Description: Assessor's Parcel Number: 945901201. Cove Addition Block 12, Lots 1 through 8 including vacated portions of 8th Street and Atlantic Avenue, per court Cause No. 14-2-00175-3. Parcel B: Lot certification described as follows (new legal description in metes and bounds): Revised Parcel A: See Attached Revised Descriptions for Parcel A and Parcel B Revised Parcel B: This lot certification exemption complies with Jefferson County Code(JCC section 18.35.040(1)or(4) Jefferson County Consistency: This lot certification is compliant with Jefferson County Code 18.35.040(1) or (4) for the purpose o a isting / th the sect.,- .tilyn of land into lots, tracts or parcels each one of i whic is o -sixtee Vof , :ec/on of land or larger. o ,(Prn•b hts' sig attire) STA ' OF WASHINGTON COUNTY OF ■ On r 5 , 7,_,,_ personally i a peare " /a l/I L -4 z�A) iJi2'I•A�//1,476- nd proved to me on the p ��� � i basis of satisfactory evidence to the person whose name is subscribed to this instrument, ', and acknowledged that he executed it. 7 WITNESS my hand and official seal this / ! ay of `��llltltl//�� F?o r-i,itcU , 200/:j . ��� itir �ii�� .� �' Mort' '•� Notary Public in and for the State of Washington, F+t:9fi ! NOTARY m:�r —217aitijj./ sfrZill./1 -1AYEA-e',1, • • PUBLIC : r. Residing at 1c:l/1, u/ 1/4,S/rY7,S i,110 ����;/WASH�� 'Mr 1 T=;eland, (..J%t (ii tok This Lot Certification has been reviewed and approved by the Jefferson County Treasurer Office and taxes have been paid in full for the year. ''reasurer Office I This Lot Certification has been reviewed and approved by the Jefferson County Development Review Division. ASsoc.•to/Assistant Planner Date III REVISED DESCRIPTIONS Parcel A: Lots 2 through 7, inclusive, in Block 12 of Cove Addition to the City of Port Townsend, as per plat recorded in Volume 2 of Plats, on page 27, records of Jefferson County, Washington; Together with that portion of vacated Atlantic Avenue which lies between the northern boundaries of Lots 2, 3, and 4 and the centerline of Atlantic Avenue, as depicted in the said Plat, as vacated by Jefferson County pursuant to the "Stipulated Judgment Quieting Title to Real Property" entered under Jefferson County Cause No. 14-2-00175-3, dated October 6, 2014. Parcel B: Lots 1 and 8, in Block 12 of Cove Addition to the City of Port Townsend, as per plat recorded in Volume 2 of Plats, on page 27, records of Jefferson County,Washington; Together with those portions of vacated Atlantic Avenue and 8th Street which lie between the boundaries of said Lots 1 and 8 and the centerline of said roadways, as depicted in the said Plat, as vacated by Jefferson County pursuant to the "Stipulated Judgment Quieting Title to Real Property" entered under Jefferson County Cause No. 14-2-00175-3, dated October 6, 2014. Jefferson County Assessor& Treasurer - Property Details - 05 GARY MIKELSON for Y... Page 1 of 2 Jefferson County Assessor & Treasurer 26705 GARY MIKELSON for Year 2014 - 2015 Property Account Property ID: 26705 Legal Description: COVE ADDITION BLK 12 LOTS 1-8 &QTA PTN 8TH ST AND ATLANTIC AVE ADJ Parcel Number: 945901201 Agent Code: Type: Real Tax.Area: 0111- 1-50F1E1H2L1 Land Use Code 11 Open Space: N DFL N Historic Property: N Remodel Property: N Multi-Family Redevelopment: N Township: 30N Section: 16 Range: 1W Location Address: 393 FREDERICKS ST Mapsco: PORT TOWNSEND,WA 98368 Neighborhood: S15& 16 T30 R1W,GLEN COVE,GISE Map ID: Neighborhood CD: 5345 Owner Name: GARY MIKELSON Owner ID: 22525 Mailing Address: MARY L MIKELSON %Ownership: 100.0000000000% 393 FREDERICK ST PORT TOWNSEND, WA 98368-9757 Exemptions: Taxes and Assessment Details Property Tax Information as of 03/17/2015 Amount Due if Paid on: NOTE:If you plan to submit payment on a future date, make sure you enter the date and click RECALCULATE to obtain the correct total amount due. Click on"Statement Details"to expand or collapse a tax statement. Statement First Half Second Base Amount Year ID Base Half Penalty Interest paid Due Amt. Base Amt. ► Statement Details 2015 16506 $557.47 $556.87 $0.00 $0.00 $0.00 $1114.34 http://trueweb.jeffcowa.us/propertyaccess/Property.aspx?cid=0&year=2014&prop_id=26705 3/17/2015 Jefferson County Assessor& Treasurer - Property Details - 05 GARY MIKELSON for Y... Page 2 of 2 k Statement Details 2014 16594 $561.50 $560.95 $0.00 $0.00 $1122.45 $0.00 Values Taxing Jurisdiction Improvement / Building Sketch Property Image Land Roll Value History Deed and Sales History Payout Agreement ( This website is under active development. Some functionality is not yet available and data is not guaranteed. Assessor Home Page Treasurer Home Page County Maps Disclaimer Website version:9.0.32.2200 Database last updated on:3/17/2015 3:57 ©2015 True Automation,Inc.All Rights AM Reserved.Privacy Notice http://trueweb.jeffcowa.us/propertyaccess/Property.aspx?cid=0&year=2014&prop_id=26705 3/17/2015 L p 12 p127 lir FLAT O F- s-*,—.., k,s, Reon:Sectsc .46,64zrew--. A. DB ITIIIN -1' TO T E CITY OF PORT TOWN5E `\ 9 WA S H N CA L E 14;i TNEs C itO;:::::;r:i::7' ' , , , ; ; ; , , n , „ire vow..r A ez ne c'L ,` ... _I__L_1_!__'_ I .w`; A li 0 `J 5; ■. I . •°°" a , 7— J � � .Be i. Je t o S• , S 6 .r o I.,,- 6✓-..,:'•"r M T3 1 lzTfl .iT¢; =,:T = ,a.T =.3 02k : _. Ni WW1 a� �����►�312A iII Milli i' r° ' cq ! INN gm IN! STN 411,104,4 1( 4/ yl i 2 ,1. I.I i 1 .J L;J F i iai�' i 7. 3 f (�.,, i 3 9 i 3- .3 -f � . 1. i. -- :.�r• s;• t - —� �' i 2 0) /� N / V / h O i1!7 *'q:4. 3 ;? o�'d o y h 9 ,:,,: s i'� y ,,i ' 'G 2 i ' '. ',. `'1 ti ''��6. t.. JOJ 6J.eo1So�b a.fro 6: di,d o•J< -° .io uro do.wo �o J> 3 J, . , .`..d f�. �. '°af'aG���Y'6A,,.tq� S_ .N—- �•'b -- V.� •�. 1 j•LIU 1.111,101',r c 1. DES C1- )/P T/ 01V DID/ CA 7'7 0 ' CJ(/V£2/'YL E 1)G/`/( 4 i ')Firl I) 01- 64 55. /.v./,-.,„*". ev.,-c�z - �v /;(r,,4,,1 0fi. Q } •II I 6�. r✓ 27 ' t a ' ,°f�.eru�yeq r' ,' /7-'14"� L iar,-u/e,ic» , e/� �6're'. 'if ` G� �CC',"✓�a�d o�`.Vii?' 'qtr �' Qi�' �r�r' 4.�r« .30.���f✓ osry of OWE, �an�n/��� �_���s �y �ii i' .:7efra" ter- `7 &e, 1orafir "04.-e-,0.,-, / i p.ems i�","it./.Gfi 77 , -2't-f l 7,>W /{ 1� ,(rz �sr-t,"✓-`:".- —ri Gr,/,:p.~-/- �. / -p i? 4 se .C�� � y ay` i �i� I, ( lr,i�v % , ten-o/ � ��v Q&/4; ���� rrz� � J r eG�z -�i--- -. .1;1'4, ei ~ a►s7�'-0t>Aie• ''lzc '- ".. z'�1 Y r�:1"1"e;,.>frctrf� -ter. s�> .---- ��.extxen,- u fit,�' e°u-e--re .7-Ls d 'v" ' ef/ ,./'''e " 4-iC./o.Go.'iro-rf-rr i?.I 69 . -'e* ✓ 'e 7 .v."- t■men'Z�€a f�Gr�zf✓�r��i�G� � . .�r� "v-,,e, �, r. �'.� ��_�ls�t�u <:t�e ✓e' car. ,y` -, ,-,, -s ..& .44- ��,r2 v lt�"err" --...�,/ L"7v,Y`�-r-f✓ter, ,,,-,• f ,�! 71, ru ru�s7'' ,,,l i,.s a°#1 `I=�: Gn.� CMG'�rere/5 !t7'`' l " /?.' o` .-~, .l�/.7.. s' �, ! sr �ts� f• y �" f/ .���J�i�' 1f✓r`.� r!f� e�-Gif> tee, J eut�o�aZor� ara/ �0 11r 4:2A4 •( j • e°,<�r� Q�r�/e�20.*� .:/;; , fr;✓, err .,e����'�o r.%e2^,* fd 771,e ! i _u��s' lz :.-- -r-e- �fy Gar 7`'r,/vo(r .'t' .- �'ie--.,:; e±/ `� cof l�dr7 ��z� ��r'�l'o R-,►'.vtl -e-i iO4- .,,,w evxi ✓ .zea-;i'.-e.cce/.' of spy i>-,a�'�� ' ter, -�'e�a..:i1iy a,"-e--,7,-.0.-;71.-z:'--1 ,- `/, cG �xo -, r .x,,47 l G2:� iJsy .2 -- . V /�,�� dV.- '?��i ds r:� 4`' -./mss(r::: 1,; f.(r� /Jr�. ����i � , e. C.s�Gf / Ar_'r�� e- �`. -.— try _ /4,..:4-/7 ivi2t',,:4•/--F,r�L �f ." ✓r- CS T'� ./ dj"a r/ 2®.7 0 7�li ~,06-0>�er s>� z yr.- .Aek- iov ArA .,?,..� x,0 hrre`5 F1 r , �vz ry ,ztsf�; 7�� �f �� J_�".�!/ly�ra';�a>-rA'�etzl,',G�Lys.2 7,95 S� .y 1`�ri f-,-Ae ;/>gwEm. /,,ZG/' f!Gy.�.Z,_� /"' , ✓� �fBr J"ee--�rr4V,�¢yG,�? _ /ror, io e / - e--e'., A -�ev��r4, ,4„,k,„..,-...,,,, w.er/',— c', -i6 O ✓✓-' Ge 1 1 s� �f -u e��// �` /�'e/G ' r �s�f G c% y1 ;ficsu��.�s- �, pct s�o>r�� e--a?rwr�! f,,.� `',J-/e l!2<-"(I'- rrf';t-s,r/-r e . i t`f s>4,..lye.z J.<ff•/4,. `we> -ey � ( �yre.��� . r u >� •> s ✓.i/// c.c ;G .00/e f9orir>dry of/4tvri� 1 ,, ,,,,.4,-Lye,.4 fao 4,i/'CF//f.74C:A7W/r� Joel Peterson From: Sherrie Shold Sent: Friday, February 27, 2015 2:43 PM To: Joel Peterson Subject: RE: Request: Review of Re-Worked Lot Cert Form Per Comments - Mikelson SUB14-00019 Joel, Sorry for the delay in responding, it is rather busy over here, as you can relate. Here are my comments for the Mikelson Lot Certification. 1) Include MLA number 2) I prefer to see these documents typed so legibility exists once they are scanned. 3) This comment mirrors Pat's the revised legals need to identified as such. Each parcel does not necessarily be addressed as revised,the page could just be titled "Revised Descriptions" and each described. Small clean-up details, other than these I have no objections. sherrit sherrit shoLa property operati.oH.s Jeffersow Cou ■tu Assessor's office 36,0-325:9105 sstiold@cojeffersovt.wa.us EXAMPLE OF DESCRIPTION PAGE EXISTING DESCRIPTION: LOTS 1 THROUGH 8, BLOCK 12, COVE ADDITION AS RECORDED IN VOLUME 2 PAGE 27 RECORDS OF JEFFERSON COUNTY, STATE OF WASHINGTON TOGETHER WITH THOSE PORTIONS OF VACATED ATLANTIC AVENUE AND 8TH STREET WHICH ATTACH BY OPERATION OF LAW AS VACATED BY JEFFERSON COUNTY CAUSE#14-2-00175-3, DATED OCTOBER 6, 2014. REVISED DESCRIPTIONS: LOTS 1 AND 8, BLOCK 12, COVE ADDITIONS AS PER PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 27 RECORDS OF JEFFERSON COUNTY, STATE OF WASHINGTON. TOGETHER WITH THOSE PORTIONS OF VACATED ATLANTIC AVENUE AND 8TH STREET WHICH LIE BETWEEN THE BOUNDARIES OF SAID LOTS 1 AND 8 AND THE CENTERLINE OF SAID ROADWAYS,AS DEPICTED IN THE SAID PLAT,AS VACATED BY JEFFERSON COUNTY CAUSE#14-2-00175-3, DATED OCTOBER 6, 2014. LOTS 1 AND 8, BLOCK 12, COVE ADDITIONS AS PER PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 27 RECORDS OF JEFFERSON COUNTY, STATE OF WASHINGTON. TOGETHER WITH THAT PORTION OF VACATED ATLANTIC AVENUE WHICH LIES BETWEEN THE NORTHERN BOUNDARIES OF LOTS 2,3 AND R AND THE CENTERLINE OF ATLANTIC AVENUE,AS DEPICTED IN THE SAID PLAT,AS VACATED BY JEFFERSON COUNTY CAUSE#14-2-00175-3, DATED OCTOBER 6, 2014. From:Joel Peterson Sent:Tuesday, February 17, 2015 2:09 PM To: Sherrie Shold; Pat Perryman Subject: Request: Review of Re-Worked Lot Cert Form Per Comments- Mikelson SUB14-00019 1 Sherrie and Pat: Attached is a Lot Certification form re-worked by Gary Mikelson to incorporate your comments on his form, on or about January 20. I'm re-submitting it for review and verification that it's filled out correctly. Thanks. Joel Joel Peterson Associate Planner,Jefferson County Department of Community Development 621 Sheridan Street * Port Townsend,WA 98368 Phone 360-379-4457 * Fax 360-379-4451 jPetersont co.jefferson.wa.us Jefferson County DCD Mission: To preserve and enhance the quality of life in Jefferson County by promoting a vibrant economy, sound communities and a healthy environment. All e-mail sent to this address will be received by the Jefferson County e-mail system and may be subject to Public Disclosure under Chapter 42.56 RCW SAVE PAPER - Please do not print this e-mail unless absolutely necessary 2 AFTER RECORDING MAIL TO: I Name: Jefferson County DCD. DRD Address: 621 Sheridan City/State: Port Townsend. WA 98368 All Situate in the County of Jefferson, State of Washington Lot Certification MLA Number: ) Parcel N/um um er: V cC Q11,A I) "` Section / ownship 0 Range 0 ! 1'J `I tt9M , Grantor(s): 1. 6472t1 Mi o,J d• ,/)1/9 2 q k, m1��'Ls'vJ ', C�z4-Nn 5 � 1 /Vf//tea,JbL-i'hi Late, -�.-6 ca.� egal escription: arcel involved in the lot certification are currently legally described as follows (include Assessor's Property Tax Parcel Account Number): Parcel A: Co ve. A-isho-lofJ81-bm / h/4 ---‘ l gin u‘4 / k)cruAk '°Al coq.eitKA P o► .Ty o , s © G= 4 Ts gr v X3'1 -4' fr'(, Parcel B: ma_ 6 u/2-r CANS6 1V E , /Li-,2- 0 ■ I 1 S--- 3 Lot certification described as follows (new legal description in metes and bounds): Revised Parcel A: 5- 1-1-0.4,1 Revised Parcel B: This lot certification exemption complies with Jefferson County Code(JCC section 18.35.040(1)or(4) Lots 2 through 7, inclusive, in Block 12 of Cove Addition to the City of Port Townsend, as per plat recorded in Volume 2 of Plats, on page 27,records of Jefferson County, Washington; Together with that portion of vacated Atlantic Avenue which lies between the northern boundaries of Lots 2, 3,and 4 and the centerline of Atlantic Avenue, as depicted in the said Plat, as vacated by Jefferson County pursuant to the "Stipulated Judgment Quieting Title to Real Property" entered under Jefferson County Cause No. 14-2-00175-3, dated October 6,2014. Lots 1 and 8, in Block 12 of Cove Addition to the City of Port Townsend, as per plat recorded in Volume 2 of Plats, on page 27, records of Jefferson County, Washington; Together with those portions of vacated Atlantic Avenue and 8th Street which lie between the boundaries of said Lots 1 and 8 and the centerline of said roadways, as depicted in the said Plat,as vacated by Jefferson County pursuant to the "Stipulated Judgment Quieting Title to Real Property" entered under Jefferson County Cause No. 14-2-00175-3, dated October 6, 2014. Joel Peterson From: Pat Perryman Sent: Tuesday, February 24, 2015 11:36 AM To: Joel Peterson Subject: RE: Request: Review of Re-Worked Lot Cert Form Per Comments - Mikelson SUB14-00019 Categories: CASE ACTION February 24, 2015 RE: MLA Mikelson Joel, I have no issues with this proposed Lot Certification, however it would be better if the page that has the new legal descriptions was"titled" Revised Descriptions or something similar and then have the two parcels identified as Parcel A and Parcel B with the legal description of revised Parcel A written out after the "sub-title"Parcel A and the legal description of revised Parcel B written out after the "sub-title" Parcel B. Also, please include the MLA number so that we can be sure to be addressing the same document. Thanks, Pat From:Joel Peterson Sent:Tuesday, February 17, 2015 2:09 PM To:Sherrie Shold; Pat Perryman Subject: Request: Review of Re-Worked Lot Cert Form Per Comments- Mikelson SUB14-00019 Sherrie and Pat: Attached is a Lot Certification form re-worked by Gary Mikelson to incorporate your comments on his form, on or about January 20. I'm re-submitting it for review and verification that it's filled out correctly. Thanks. Joel Joel Peterson Associate Planner,Jefferson County Department of Community Development 621 Sheridan Street * Port Townsend,WA 98368 Phone 360-379-4457 * Fax 360-379-4451 j Peterson P co.jefferson.wa.us Jefferson County DCD Mission: To preserve and enhance the quality of life in Jefferson County by promoting a vibrant economy, sound communities and a healthy environment. All e-mail sent to this address will be received by the Jefferson County e-mail system and may be subject to Public Disclosure under Chapter 42.56 RCW SAVE PAPER - Please do not print this e-mail unless absolutely necessary 1 Joel Peterson From: Donna Frostholm Sent: Tuesday, February 24, 2015 11:38 AM To: Christy Christensen (C3) Cc: Joel Peterson Subject: MLA14-00004/SEP14-00142 Peterson Categories: CASE ACTION Hi Christy: I have reviewed the abbreviated HMP for Stephen Peterson. It is my understanding that the septic system was installed without permits, which would probably result in little to no vegetation present at that location. Based on earlier aerial photographs, it appears that there was some vegetation (albeit low growing plants) where the tank was installed. Since it appears that some vegetation was removed to install the tank, please provide some mitigation plantings as an addendum to your January 2015 report for tank installation. Once this is received,Joel can sign off on the land use review of the application. Also, please be aware of the definition of utility in Chapter 18.10 JCC, which is different from installation of lines to residential properties. Regards, Donna Frostholm .associate TCanner/WetCandSpeciafist Jefferson County Department of Community DeveCopment 621 Sheridan Street Port Townsend;"Washington 98368 36o-379-4466 dfrosthoCm @cojefferson.wa.us DCD is open from 9:00am—12:00pm and 1:00pm—4:30pm Monday through Thursday;DCD is closed on Friday. All emails sent to and from this address will automatically be archived by Jefferson County and emails may be subject to Public Disclosure under Chapter 42.56 RCW. 1 Joel Peterson From: Joel Peterson Sent: Tuesday, February 17, 2015 2:10 PM To: Sherrie Shold; Pat Perryman Subject: Request: Review of Re-Worked Lot Cert Form Per Comments - Mikelson SUB14-00019 Attachments: [Untitled].pdf II Sherrie and Pat: Attached is a Lot Certification form re-worked by Gary Mikelson to incorporate your comments on his form, on or about January 20. I'm re-submitting it for review and verification that it's filled out correctly. Thanks. Joel Joel Peterson Associate Planner,Jefferson County Department of Community Development 621 Sheridan Street * Port Townsend,WA 98368 Phone 360-379-4457 * Fax 360-379-4451 jpeterson pco.jefferson.wa.us Jefferson County DCD Mission: To preserve and enhance the quality of life in Jefferson County by promoting a vibrant economy, sound communities and a healthy environment. All e-mail sent to this address will be received by the Jefferson County e-mail system and may be subject to Public Disclosure under Chapter 42.56 RCW bA SAVE PAPER - Please do not print this e-mail unless absolutely necessary 1 Sep c Arf1461- ---) Joel Peterson From: Randy Marx Sent: Tuesday, February 03, 2015 11:04 AM To: Joel Peterson Cc: Linda Atkins Subject: SUB14-19 Hi Joel I have made the following comments for this Lot Cert app; Health has the following issues: 1) Septic permit number SEP00-00183 was permitted on this property utilizing lots 1 thru 8. This proposed "lot certification" appears to remove lots 1&8, this existing drainfield is partially installed on lot 1. A 5 foot setback of this drainfield to the property line, an easement, or other means to meet Table IV of WAC246-272A is required. Failure to address this issue will cause SEP00-00183 to become a violation. 2) No assurances are given nor implied that the proposed new parcel meets the minimum requirements for septic system permitting or will meet minimum requirements at the time of a future application. 3) Both proposed properties must have a connection to the city water supply. 72.a.mAff Nta Always Working For a Safer& Healthier Jefferson County 360 385 9402 ><((((> ;,. ur ><( ((c> ><((((O> >-rrr„- ><w°> (( ><{{{ ><>><> ><((((°> Septic Permits Online (Link) Environmental Health Web Site (Link) CONFIDENTIALITY NOTICE: 1 message, including any attachments, is for the sole use of the intended recipient{s} and may contain and pn. information. Any unauthorized review, use, disclosure, or distribution is prohibited. I`you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message PUBLIC RECORDS ACT NOTICE: All e-mail sent to this address has been received by the Jefferson County e-mail system and is therefore subject to the Public Records Act,a state law found at RCSV 42.36 Under the Public Records law the County must release this e-mail and its contents to any person who asks to obtain a copy(or for inspection)of Ibis e-mail unless it is exempt from disclosure under state law,including RCM 42.06. 1 Jefferson County eThNi ,,,,e.,i, . Assessor's Office v _ } THE HEART OF THE\,� v / OLYMPIC PENINSULA www.co.lefferson.wa.us I j N���< Jeff Chapman, Assessor MEMO from the Office of JEFFERSON COUNTY ASSESSOR TO: Joel Petersen, DCD FROM: Sherries Shams Pro-party Opera u73 DATE: January 20, 2015 '< /IW -) RE: Mikclson Lot Certification MESSAGE: Joel, The following are my comments pertaining to the above referenced Lot Certificate. Since there is only one parcel number, should this be a BLA? Just asking this is your departments' jurisdiction. The Lot Certification needs some revamping. The Grantor and Grantee areas need correcting to include all owners. The Before description needs to include Vac Streets adj and have the Parcel ID and Owner ID numbers removed. Parcel number may remain. Need to have full description titled Existing Description. The e next page should be titled Revised Descriptions and describe each new parcel. Remove all additional wording that I have crossed out. Most Lot Certificates include some sort of survey showing the existing and revised lines, will there be a survey required for this application? I assume we will be reviewing this for a second time. Please let me know if you should have any questions pertaining to my comments. P.Q.Box 1220, Port Townsend,WA 98368 - Phone(360) 385-9105 - fax(360) 385-9197 AFTER RECORDING MAIL TO: Name: Jefferson County DCn, DRD Address: 621 Sheridan City/State: Port Townsend, WA 98368 All Situate in the County of Jefferson,State of Washington Lot Certification MLA Number: Parcel Nu ber: /ys")"o Lao Section Township 0 Range �' ! - i.livt Grantor s). l z l 1,-.. Mil:cis 6 t'AI / nd,t& Grantee(s): / l IV 1i J 1• j i /y) ifx- -t, 'I'1"r 4 Mary L• 1 Y1 i ' ,Soil Legal Description: Parcel involved in the lot certification are currently legally described as follows(include Assessor's Property Tax Parcel Account Number): ---17= A tit *Z e4.c. d- q YS ' )J ; - ') C Parcel A: t�l •rc 2f t"'tL 4. 'Cjlt1 C "7 lo e Parcel B:1 ._ I 1 .1 l: ; nClu r_LL( l , u la. I $ Q.a G t 5 6)( i S-4 G� kV - Lot certification described as foll s (new legal description in metes an ound Revised Parcel A: "may Y \'.i-4--;e7-�j Revised Parcel B: This lot certification escmption complies with Jefferson Count) Code(1CC section 18.35.040(I 1 or 141 tl V I s Cd r i I,egarb�crip 3C) nl'cf i c td Lots 1 and 8, in Block 12 of Cove Addition to the City of Port Townsend,as per plat recorded in Volume 2 of Plats,on page 27, records of Jefferson County, Washington; Together with those portions of vacated Atlantic Avenue and 8th Street which lie between the boundaries of said Lots 1 and 8 and the centerline of said roadways, as depicted in the said Plat,as vacated by Jefferson County pursuant to the "Stipulated Judgment Quieting Title to Real Property" entered under Jefferson County Cause No. 14-2-00175-3, dated October 6,2014. Revise -egal i= rtpt P 945 9 l after ion oft wf--� p e des,:: a e:i a:rce 0 tad &IC+ 1 r C.i L{ck s ' j-Ein Q -.c) Lots 2 through 7, inclusive, in Block 12 of Cove Addition to the City of Port Townsend,as per plat recorded in Volume 2 of Plats, on page 27, records of Jefferson County, Washington; Together with that portion of vacated Atlantic Avenue which lies between the northern boundaries of Lots 2, 3,and 4 and the centerline of Atlantic Avenue, as depicted in the said Plat,as vacated by Jefferson County pursuant to the "Stipulated Judgment Quieting Title to Real Property" entered under Jefferson County Cause No. 14-2-00175-3, dated October 6,2014. Joel Peterson From: Sherrie Shold Sent: Tuesday, January 20, 2015 11:55 AM To: Joel Peterson Subject: RE: Request Comment on Lot Certification Categories: CASE ACTION Joel, I am currently reviewing this Lot Certification and thought I would offer some suggestions on this email rather than the reply to the Mikelson Lot Certification. Rather it be a Lot Certification or a Boundary Line Adjustment, the Grantor(s) and Grantee(s) need to read the same as they are titled to the property. For example: Gary Mikelson as Grantor and Grantee should be Gary Mikelson and Mary L. Mikelson-title certificate from the title company will give this information. Legal Description area does not need to include the Property ID or the Owner ID; at times on the front page only the parcel number shows stating see Exhibit attached showing the Existing description. Which is another point I was going to make, again whether it may be a Lot Certification or a BLA an Existing Description(s) is always attached followed by Revised Descriptions. Revised description need not to include anything but the description, no parcel numbers because our office will choose which parcel will retain the existing number(s). Usually a detail drawing by a surveyor is included. Joel remember, we are all on the same boat learning as we go. Some of us may have been doing the job longer with more knowledge which isn't always a good thing but it is still the same boat. sherr'�e sherrie shold Property operatiovis jef fersow cou't Assessor's office 360-3269105 sskoLd@cojeffersovu.wa.us From:Joel Peterson Sent: Monday,January 12, 2015 2:46 PM To: Sherrie Shold; Pat Perryman Subject: Request Comment on Lot Certification Sherrie and Pat: I'm forwarding information from a Lot Consolidation permit application, submitted by Gary Mikelson. Mr. Mikelson has vacated portions of old platted right-of-way and is combining that with two lots of his property,to configure a buildable area for his daughter. I've attached what I believe are pertinent files for your review.There is documentation of the vacation, property description before/after, and supporting material. 1 I'm new at this, so this is your opportunity to train me to do this just as you wish. Any feedback is appreciated. Joel Joel Peterson Associate Planner,Jefferson County Department of Community Development 621 Sheridan Street * Port Townsend,WA 98368 Phone 360-379-4457 * Fax 360-379-4451 jpeterson co.jefferson.wa.us Jefferson County DCD Mission: To preserve and enhance the quality of life in Jefferson County by promoting a vibrant economy, sound communities and a healthy environment. All e-mail sent to this address will be received by the Jefferson County e-mail system and may be subject to Public Disclosure under Chapter 42.56 RCW `A SAVE PAPER - Please do not print this e-mail unless absolutely necessary 2 Joel Peterson From: Sherrie Shold Sent: Tuesday, January 20, 2015 4:07 PM To: Joel Peterson Subject: RE: Request Comment on Lot Certification Categories: CASE ACTION Okay, I'm sorry I should have explained it more clearly. These were two of the documents that you attached when you sent the file over for our review. Reconveyance document shows that the bank no longer has an interest in the property and that would have no bearing on our review. The Change of Value Notice was also attached, it is a document that our office sends notifying the applicant of their new assessed value. We use the Lot Certification descriptions, surveys and ownerships as part of our reviews. Does this help? Sherrie From:Joel Peterson Sent:Tuesday,January 20, 2015 4:02 PM To:Sherrie Shold Subject: RE: Request Comment on Lot Certification Sherrie, I'm sorry, but I don't understand your last email. What are reconveyance documents and change of value notices? Maybe something I sent? Not used by your review? What does your review entail? Thanks. Joel From:Sherrie Shold Sent:Tuesday,January 20, 2015 3:30 PM To:Joel Peterson Subject: FW: Request Comment on Lot Certification Joel, I also forgot to mention copies of Reconveyance documents are not documents that are used for reviews; or the Change of Value Notice. Sherrie From:Sherrie Shold Sent:Tuesday,January 20, 2015 11:55 AM To:Joel Peterson Subject: RE: Request Comment on Lot Certification Joel, I am currently reviewing this Lot Certification and thought I would offer some suggestions on this email rather than the reply to the Mikelson Lot Certification. 1 Rather it be a Lot Certification or a Boundary Line Adjustment, the Grantor(s) and Grantee(s) need to read the same as they are titled to the property. For example: Gary Mikelson as Grantor and Grantee should be Gary Mikelson and Mary L. Mikelson-title certificate from the title company will give this information. Legal Description area does not need to include the Property ID or the Owner ID; at times on the front page only the parcel number shows stating see Exhibit attached showing the Existing description. Which is another point I was going to make, again whether it may be a Lot Certification or a BLA an Existing Description(s) is always attached followed by Revised Descriptions. Revised description need not to include anything but the description, no parcel numbers because our office will choose which parcel will retain the existing number(s). Usually a detail drawing by a surveyor is included. Joel remember, we are all on the same boat learning as we go. Some of us may have been doing the job longer with more knowledge which isn't always a good thing but it is still the same boat. Sherrie Sherrie shold Properttj operati.ows je f fersow Co uwt Assessor's o f ftce 360-3859105 sshoLot@co jeffersow.wa.us From:Joel Peterson Sent: Monday,January 12, 2015 2:46 PM To:Sherrie Shold; Pat Perryman Subject: Request Comment on Lot Certification Sherrie and Pat: I'm forwarding information from a Lot Consolidation permit application, submitted by Gary Mikelson. Mr. Mikelson has vacated portions of old platted right-of-way and is combining that with two lots of his property,to configure a buildable area for his daughter. I've attached what I believe are pertinent files for your review.There is documentation of the vacation, property description before/after, and supporting material. I'm new at this, so this is your opportunity to train me to do this just as you wish. Any feedback is appreciated. Joel Joel Peterson Associate Planner,Jefferson County Department of Community Development 621 Sheridan Street * Port Townsend,WA 98368 Phone 360-379-4457 * Fax 360-379-4451 j peterson @ co.jefferson.wa.us Jefferson County DCD Mission: To preserve and enhance the quality of life in Jefferson County by promoting a vibrant economy, sound communities and a healthy environment. 2 All e-mail sent to this address will be received by the Jefferson County e-mail system and may be subject to Public Disclosure under Chapter 42.56 RCW SAVE PAPER - Please do not print this e-mail unless absolutely necessary 3 Joel Peterson From: Pat Perryman Sent: Tuesday, January 13, 2015 10:14 AM To: Joel Peterson Cc: Sherrie Shold Subject: RE: Request Comment on Lot Certification Joel, The existing legal description for the original parcel is not correct-they did not include the vacated streets in the legal description. Also, (just so you know- I guess that would be considered feedback)the property ID and owner ID is not currently necessary on a statement of intent or lot certification, nor is it part of the legal description for parcels. Pat From:Joel Peterson Sent: Monday,January 12, 2015 2:46 PM To: Sherrie Shold; Pat Perryman Subject: Request Comment on Lot Certification Sherrie and Pat: I'm forwarding information from a Lot Consolidation permit application, submitted by Gary Mikelson. Mr. Mikelson has vacated portions of old platted right-of-way and is combining that with two lots of his property, to configure a buildable area for his daughter. I've attached what I believe are pertinent files for your review.There is documentation of the vacation, property description before/after, and supporting material. I'm new at this, so this is your opportunity to train me to do this just as you wish. Any feedback is appreciated. Joel Joel Peterson Associate Planner,Jefferson County Department of Community Development 621 Sheridan Street * Port Townsend,WA 98368 Phone 360-379-4457 * Fax 360-379-4451 j peterson Cad co.jefferson.wa.u s Jefferson County DCD Mission: To preserve and enhance the quality of life in Jefferson County by promoting a vibrant economy, sound communities and a healthy environment. All e-mail sent to this address will be received by the Jefferson County e-mail system and may be subject to Public Disclosure under Chapter 42.56 RCW SAVE PAPER - Please do not print this e-mail unless absolutely necessary 1 AFTER RECORDING MAIL TO: Name: Jefferson County DCD. DRD Address: 621 Sheridan City/State: Port Townsend, WA 98368 All Situate in the County of Jefferson,State of Washington Lot Certification MLA Number: Parcel Nu(miter: VS v " Section Township O Range ;e^;! L Grantor s). 1. - /9. h1M1 C Grantee(s): Legal Description:Parcel involved in the lot certification are currently legally described as follows(include Assessor's Property Tax Parcel Account Number): X !r""0}02 c_.fi.k- .Azt C yS '1 el Parcel A: i t t)i 7C c 2 7 tti-64-zri 2. I Parcel '�' :,.w1'rL� Uc+,cc��-eC� Qfa�tt�,'t� • }�- t'► L crA Z441 INvi ; LA-iri. Cc A'Q.. No. y—2-oo ---3 Lot certification described as follows (new legal description in metes and bounds): Revised Parcel A: `5'4 ,�-sat: , . Revised Parcel B: This lot certification exemption complies with Jefferson County Code(JCC section 18.35.040(1)or(4) Jefferson County Consistency: This lot ce 'fication is compliant with Jefferson County Code 18.35.040(1) or(4) for the purpose fssisting with the segregation of land into lots, tracts or parcels. Each one of whit s one- teenth • 4 ction of land or larger or segregated by a public road right- of- y or an xi• i _ 1,gal t of record. ' o••nent ' signature- STATE OF WASHINGTON COUNTY OF On , 200 ,personally appeare O f M/K540^J d iik r'j L_ Ale...and proved to me on the basis of satisfactory evidence to the person whose name is subscribed to this instrument, and acknowledged that he executed it. WITNESS my hand and official seal this j ', day of .����GORO0 , f/ i, N. nt x Notary Public in and for t State of Washington, ©. A�•'4". ,;. :2:_-"" . 7 1,...15 2.., %,,. k016 `•,, Residing at i '. I i : ,. v: k,..r* '- . This Lot Certification has been reviewed and approved by the Jefferson County Treasurer Office and taxes have been paid in full for the year. Treasurer Office This Lot Certification has been reviewed and approved by the Jefferson County Development Review Division. Associate/Assistant Planner Date Legal Description of new parcel: Lots 1 and 8, in Block 12 of Cove Addition to the City of Port Townsend,as per plat recorded in Volume 2 of Plats, on page 27, records of Jefferson County, Washington; Together with those portions of vacated Atlantic Avenue and 8th Street which lie between the boundaries of said Lots 1 and 8 and the centerline of said roadways, as depicted in the said Plat, as vacated by Jefferson County pursuant to the "Stipulated Judgment Quieting Title to Real Property" entered under Jefferson County Cause No. 14-2-00175-3, dated October 6,2014. Revised Legal Description of Parcel No. 945 901 201 after creation of the new parcel described above: Lots 2 through 7, inclusive, in Block 12 of Cove Addition to the City of Port Townsend, as per plat recorded in Volume 2 of Plats, on page 27,records of Jefferson County, Washington; Together with that portion of vacated Atlantic Avenue which lies between the northern boundaries of Lots 2, 3, and 4 and the centerline of Atlantic Avenue, as depicted in the said Plat, as vacated by Jefferson County pursuant to the "Stipulated Judgment Quieting Title to Real Property" entered under Jefferson County Cause No. 14-2-00175-3,dated October 6,2014. Joel Peterson From: Sherrie Shold Sent: Friday, March 27, 2015 9:09 AM To: Joel Peterson Subject: RE: MLA14-00102: Request New Parcel Number for Lot Certification r.. Joel, Parcel A will retain the original parcel number of#945901201 Parcel B has been assigned parcel number#945901202 S' p.-/ r (t ISO fl Please let me know if you or they have any other questions. shervle 37q _33o3 shevrle Shold Propertj operatlovtis je f fersow Couh.t j Assessor's o f flee 360-32519105 sshold @co jef fersoh..wa.us From:Joel Peterson Sent:Thursday, March 26, 2015 3:03 PM To:Sherrie Shold Subject: RE: MLA14-00102: Request New Parcel Number for Lot Certification Sherrie, The applicant for case MLA14-00102 Gary Mikelson is meeting with legal counsel and would like to know when the parcel number will be available. Thanks, Joel Joel Peterson Associate Planner,Jefferson County Department of Community Development 621 Sheridan Street * Port Townsend,WA 98368 Phone 360-379-4457 * Fax 360-379-4451 jpetersonc co.iefferson.wa.us Jefferson County DCD Mission: To preserve and enhance the quality of life in Jefferson County by promoting a vibrant economy, sound communities and a healthy environment. All e-mail sent to this address will be received by the Jefferson County e-mail system and may be subject to Public Disclosure under Chapter 42.56 RCW SAVE PAPER - Please do not print this e-mail unless absolutely necessary 1 From: Sherrie Shold Sent:Thursday, March 19, 2015 3:59 PM To:Joel Peterson Subject: RE: MLA14-00102: Request New Parcel Number for Lot Certification Joel, Thanks for the copy. I will send you an email when I get the new number assigned. sherr%e sherie shoLd Propevt j operattows Jefeersow couwtu Assessor's of face 36.9-325:9105 sshold@co jeffersow.wa.us From:Joel Peterson Sent:Thursday, March 19, 2015 3:49 PM To:Sherrie Shold Subject: MLA14-00102: Request New Parcel Number for Lot Certification Hi Sherrie, Regarding Lot Certification for Gary& Mary Mikelson, MLA14-00102, I have attached the recorded Statement of Intent and the DCD Approval. I'm following my instruction sheet which says: "DCD sends copy of the approved application and recorded statement of intent to the Assessor's office (Sherrie), with a request for new parcel numbers to be assigned." Would you let me know by email when you have the new parcel numbers? Thanks for all your help. Joel Joel Peterson Associate Planner,Jefferson County Department of Community Development 621 Sheridan Street * Port Townsend, WA 98368 Phone 360-379-4457 * Fax 360-379-4451 jpetersoncco.iefferson.wa.us Jefferson County DCD Mission: To preserve and enhance the quality of life in Jefferson County by promoting a vibrant economy, sound communities and a healthy environment. All e-mail sent to this address will be received by the Jefferson County e-mail system and may be subject to Public Disclosure under Chapter 42.56 RCW `p SAVE PAPER - Please do not print this e-mail unless absolutely necessary 2 Map Output Page 1 of 1 ArcIMS HTML Viewer Map 0011640' ` I 02 945900201 945900001 945900402 44 59.0-.103 Legend ❑ Selected Features A/C. JC_Roads Parcels-H 945901401 945901301 711201 945941201 901102 945001103 945901501 945901601 945907701 945901802 945901803 max. av dad try crc scn Carty Catty Scream G S O 2111 FOR INFORMATIONAL PURPOSES ONLY- Jefferson County does not attest to the accuracy of the data contained herein and makes no warranty with respect to its correctness or validity. Data contained in this map is limited by the method and accuracy of its collection. Wed Apr 08 11:32:46 2015 http://gisserver/servlet/com.e sri.esrimap.Esrimap?ServiceName=ovmap&ClientV ersion=4.0... 4/8/2015 1 : r.tiNAAkci 5-t.-ce ; )A9617) / c4D /04 /i1),k. 1_49, ;4 ivii6 yc-z,e, f, )/ IW) MrAl 71:c7 C/- '-V 111,41 (Jc, Rh(( 1 v■ 1)01t vim/ �1�Y r 1 V ( P?,/c410_ /d Alf4r6 Cfff- CO "e0 -di Ct017 Ci-C)/C1 , - --- f .., NQ_ l y- -0431.7 _ __ ce,„-.6%,/, gAJ Joel Peterson From: Pat Perryman Sent: Tuesday, January 13, 2015 10:14 AM To: Joel Peterson Cc: Sherrie Shold Subject: RE: Request Comment on Lot Certification Joel, The existing legal description for the original parcel is not correct-they did not include the vacated streets in the legal description. Also, (just so you know- I guess that would be considered feedback)the property ID and owner ID is not currently necessary on a statement of intent or lot certification, nor is it part of the legal description for parcels. Pat From:Joel Peterson Sent: Monday,January 12, 2015 2:46 PM To:Sherrie Shold; Pat Perryman Subject: Request Comment on Lot Certification Sherrie and Pat: I'm forwarding information from a Lot Consolidation permit application, submitted by Gary Mikelson. Mr. Mikelson has vacated portions of old platted right-of-way and is combining that with two lots of his property, to configure a buildable area for his daughter. I've attached what I believe are pertinent files for your review.There is documentation of the vacation, property description before/after, and supporting material. I'm new at this, so this is your opportunity to train me to do this just as you wish. Any feedback is appreciated. Joel Joel Peterson Associate Planner,Jefferson County Department of Community Development 621 Sheridan Street * Port Townsend,WA 98368 Phone 360-379-4457 * Fax 360-379-4451 j peterson p co.jefferson.wa.us Jefferson County DCD Mission: To preserve and enhance the quality of life in Jefferson County by promoting a vibrant economy, sound communities and a healthy environment. All e-mail sent to this address will be received by the Jefferson County e-mail system and may be subject to Public Disclosure under Chapter 42.56 RCW SAVE PAPER - Please do not print this e-mail unless absolutely necessary 1 HARRIS, MERICLE &WAKAYAMA A Professional Limited Liability Company_. A T T O R N E Y S A T L A W 901 FIFTH AVENUE,SUITE 4100 Port Townsend Office MALCOLM S.HARRIS SEATTLE,WASHINGTON 98164 211 TAYLOR STREET,SURE 404-0 E-mail:mharris @hmwlaw.com FAX(206)624-8560 PORTTOWNSEND,WASHINGTON 98368 (206)621-1818 FAX(360)379-9378 (360)379-9377 November 7, 2014 Mr. Gary Mikelson 393 Frederick Street Port Townsend,WA 98368 Re: Legal Descriptions for the two parcels Dear Gary: Here are the new legal descriptions for both properties, including the vacated street areas. As soon as they assign a new parcel number for Laura's property, please send it to me and we can finish the Deed and then transfer the property to her. I will prepare the easement to Mr. Tamura and will have that ready for you shortly. Very truly yours, HARRIS MERICLE & WAKAYAMA /- t?%'" iiialcolm S. Harris Legal Description of new parcel: Lots 1 and 8, in Block 12 of Cove Addition to the City of Port Townsend,as per plat recorded in Volume 2 of Plats, on page 27, records of Jefferson County, Washington; Together with those portions of vacated Atlantic Avenue and 8th Street which lie between the boundaries of said Lots 1 and 8 and the centerline of said roadways,as depicted in the said Plat,as vacated by Jefferson County pursuant to the "Stipulated Judgment Quieting Title to Real Property" entered under Jefferson County Cause No. 14-2-00175-3, dated October 6,2014. Revised Legal Description of Parcel No. 945 901 201 after creation of the new parcel described above: • Lots 2 through 7, inclusive, in Block 12 of Cove Addition to the City of Port Townsend, as per plat recorded in Volume 2 of Plats, on page 27, records of Jefferson County, Washington; Together with that portion of vacated Atlantic Avenue which lies between the northern boundaries of Lots 2, 3, and 4 and the centerline of Atlantic Avenue,as depicted in the said Plat, as vacated by Jefferson County pursuant to the "Stipulated Judgment Quieting Title to Real Property" entered under Jefferson County Cause No. 14-2-00175-3, dated October 6, 2014. AFTER RECORDING MAIL TO: Name: Jefferson County DCD, DRD Address: 621 Sheridan City/State:Port Townsend, WA 98368 All Situate in the County of Jefferson, State of Washington Lot Certification MLA Number: /fl /11q--'00/0.2... Parcel Nu ber: Section Township 0 Range �}I Li S r'14,14. . Grant9x s). ` H4 p in//'%G-So Grantee(s): 1. (s442„, 5 0 ti Legal Description: Parcel involved in the lot certification are currently legally described as follows (include Assessor's Property Tax Parcel Account Number): arc•1 A: a 4,, ro as /z C �c 2� 4' r1 l 7 Cl t.���X12 + 240-5 p� 41 hi Fr r a P I, 06 Parcel : (J;'J-1■ V-ACct+cek yot4lory A`RA` dl P' (00 44 g 5 /a,Lewa PAC Cot.kr F Cek,tiA �p . A� —0ur7s' -3 �f� 'Jf 1 Lot certification described as follows(new legal description in metes and bounds): 1, 1 Revised Parcel A: s - 4r (CA Revised Parcel B: This lot certification exemption complies with Jefferson County Code(JCC section 18 35.040(1)or(4) L Jefferson County Consistency: This lot certification is compliant with Jefferson County Code 18.35.040(1) or(4) for the purpose f ssisting with the segregation of land into lots, tracts or parcels. Each one of whit s e- teenth ction of land or larger or segregated by a public road right- of- y or an xi i l,gal t of record. 1 //� n 1 l S / 0. 1k ^ lJ l ' o••Went ' signature STATE OF WASHINGTON COUNTY OF ,-, V rj .On �` '` , 200 ,personally appeare.v1 Or ;4 L. r/ and proved to me on the basis of satisfactory evidence to the person w .se name is subscribed to this instrument, and acknowledged that he executed it. ."ttttttt, WITNESS my hand and official seal this 1 , day of a`$w GORO° //, ,, tf. `` #.•ammiss,' iii 200. v o� ..0,. _� nor % .r• - :a 'O ,P` 4 :m� Notary Public in and for tperState of Washington, 70`1.`€)_-, �''''i� o :Z„� �"thtittt‘" Residing at i)%PI i .: , i r,Ct This Lot Certification has been reviewed and approved by the Jefferson County Treasurer Office and taxes have been paid in full for the year. Treasurer Office This Lot Certification has been reviewed and approved by the Jefferson County Development Review Division. Associate/Assistant Planner Date Legal Description of new parcel: Lots 1 and 8, in Block 12 of Cove Addition to the City of Port Townsend,as per plat recorded in Volume 2 of Plats, on page 27, records of Jefferson County, Washington; Together with those portions of vacated Atlantic Avenue and 8th Street which lie between the boundaries of said Lots 1 and 8 and the centerline of said roadways,as depicted in the said Plat,as vacated by Jefferson County pursuant to the "Stipulated Judgment Quieting Title to Real Property" entered under Jefferson County Cause No. 14-2-00175-3,dated October 6,2014. Revised Legal Description of Parcel No. 945 901 201 after creation of the new parcel described above: Lots 2 through 7, inclusive, in Block 12 of Cove Addition to the City of Port Townsend,as per plat recorded in Volume 2 of Plats, on page 27, records of Jefferson County, Washington; Together with that portion of vacated Atlantic Avenue which lies between the northern boundaries of Lots 2, 3, and 4 and the centerline of Atlantic Avenue, as depicted in the said Plat, as vacated by Jefferson County pursuant to the "Stipulated Judgment Quieting Title to Real Property" entered under Jefferson County Cause No. 14-2-00175-3, dated October 6,2014. HARRIS, MERICLE &WAKAYAMA A Professional Limited Liability Company A T T O R N E Y S A T L A W 901 FIFTH AVENUE,SUITE 4100 Port Townsend Office MALCOLM S.HARRIS SEATTLE,WASHINGTON 98164 211 TAYLOR STREET,SUITE 404-8 E-mail:mharris @hmwlaw.COm FAX(206)624-8560 PORT TOWNSEND,WASHINGTON 99365 (206)621-1818 FAX 360(3G39 X 79 November 7, 2014 Mr. Gary Mikelson 393 Frederick Street Port Townsend, WA 98368 Re: Legal Descriptions for the two parcels Dear Gary: Here are the new legal descriptions for both properties, including the vacated street areas. As soon as they assign a new parcel number for Laura's property, please send it to me and we can finish the Deed and then transfer the property to her. I will prepare the easement to Mr. Tamura and will have that ready for you shortly. Very truly yours, HARRIS MERICLE & WAKAYAMA alcolm S. Harris Legal Description of new parcel: Lots 1 and 8, in Block 12 of Cove Addition to the City of Port Townsend, as per plat recorded in Volume 2 of Plats,on page 27, records of Jefferson County, Washington; Together with those portions of vacated Atlantic Avenue and 8th Street which lie between the boundaries of said Lots 1 and 8 and the centerline of said roadways,as depicted in the said Plat, as vacated by Jefferson County pursuant to the "Stipulated Judgment Quieting Title to Real Property" entered under Jefferson County Cause No. 14-2-00175-3, dated October 6, 2014. Revised Legal Description of Parcel No. 945 901 201 after creation of the new parcel described above: Lots 2 through 7, inclusive, in Block 12 of Cove Addition to the City of Port Townsend,as per plat recorded in Volume 2 of Plats, on page 27,records of Jefferson County, Washington; Together with that portion of vacated Atlantic Avenue which lies between the northern boundaries of Lots 2, 3, and 4 and the centerline of Atlantic Avenue,as depicted in the said Plat, as vacated by Jefferson County pursuant to the "Stipulated Judgment Quieting Title to Real Property" entered under Jefferson County Cause No. 14-2-00175-3, dated October 6, 2014. Joel Peterson From: Joel Peterson Sent: Monday, January 12, 2015 2:46 PM To: Sherrie Shold; Pat Perryman Subject: Request Comment on Lot Certification Attachments: legal description from property valuation notice.pdf; Lot Certification Form.pdf; Lot Configuration Drawing.pdf; Master Permit Application.pdf; Partial Reconveyance Doc 586253.pdf; Partial Reconveyance Document.pdf; Stipulated Judgment Quieting Title.pdf Sherrie and Pat: I'm forwarding information from a Lot Consolidation permit application, submitted by Gary Mikelson. Mr. Mikelson has vacated portions of old platted right-of-way and is combining that with two lots of his property,to configure a buildable area for his daughter. I've attached what I believe are pertinent files for your review.There is documentation of the vacation, property description before/after, and supporting material. I'm new at this, so this is your opportunity to train me to do this just as you wish. Any feedback is appreciated. Joel Joel Peterson Associate Planner,Jefferson County Department of Community Development 621 Sheridan Street * Port Townsend,WA 98368 Phone 360-379-4457 * Fax 360-379-4451 j peterson(a),co.jefferson.wa.us Jefferson County DCD Mission: To preserve and enhance the quality of life in Jefferson County by promoting a vibrant economy, sound communities and a healthy environment. All e-mail sent to this address will be received by the Jefferson County e-mail system and may be subject to Public Disclosure under Chapter 42.56 RCW SAVE PAPER - Please do not print this e-mail unless absolutely necessary 1 If Ile:1Z" &-e--r/ .(.)<*. / ,L)14114. .0.-- ....sr..eff r...... ' '" ' ■ 1.1 A /7 "," ?,- Air''r'Air 4 0 i)....5 11-2 - O ct C4• all rtifs % / r, f 5,•-1 , AV/Mr a-....■ 4 1 2k I - .--4 \ , 10-1--glaWMAP•----- \ ------- I B ; M I , , Nov 13 2014 V UM ., ,. "5' 390 a-- 1645bu<C-r ) -6466 /17f-Air". Lf 17-25 / L44,124 . La (7" . T.4 4)44 e/4' °74 Hc."711- g- _____ ilt4 ei /2137-4/ . . • �y ! �f a' -•' {r 5_ S i�.f Q v m D r — — m g' i"-- —_ — I —Dpp � 14tRg ` : i 1 1 ii i F. 1 %m 6,4.;§ §mra , illits:-.1-143---11-1.--, 1-1---------------Ji 1----- g 2R 01.4elh * - t 1 A TT' ._.i I -----. 1---r--1 t,.,- A 4 1 - ',&'i'itr.: 1 1 i if 1 i 1 - n z.... , kr e 7'..„1.7 I t 21 t ii I 1,2_ 1 _ _ 4 = oro _- N g _ ' rs 4_ oo '` ' $ li { � 1 — _ t r-J- I —11---- rri -0 r- 1„, :::„.„:„.c 1.„..i i ! LI ,,,,.^ i I1J_ LJ_I 7i I J' LILJ rn ( r 1 0 ■ 0 !x r u ` I y!�C K I to g I : t+I1 'id ,yy 8 � V4,--I z A A \ Nn .. '''-;;Fifir'l-',.::-!:4: '',<" c''''., w Ev g4i1 4 nAP , F., 0 w r 2116 all F F �,�` �' v. 1 fl7 � �� Q 2 F,t 41� r.rrrrdrrrrr ig A r ..,t-'&,.,1,,,- 40•144 *----- rtt SD m ' 2aP - g_4 ,p*4ru,rr Com c .® • ic CO to v ay Op, z ii.- m ; .'‘1%--.:..-___ -'N. !ii i t 1141"4,_..: --.;"----.: il t t > O m .. RI �hn tN hi aa 1 f y � Fk `� .ig V A p — BT ,STREET .---v / " tz, , vim,r4 # R,-i W_A it — 00�E +r r ((1) `� (I1 !ligk .. r.. W ter_ a v \ u •••• I % 71/1/1 1/i 1 . C O I ' s tom^ I �r��,I ,�. ! 2 I� \ � _ L+ —— I li 1 F 1 — _� , _J ►ip _ IIIT _ ,.:71_,":"-;' y as 4:— 'W � , 3 ��'+�s. 1'!N CD iti tit? 1 1 10 - i 0,41- pzpz n I) ' I$ 1 f'fl 1 P.N4,C ,. t 1 m M N 1QJ$'47'£ p�rocs ! p f Q — o----- _ 7TH STREET I !— ill,rjr I -----dr---7° iN a p — - _ _ _ - , � N. co z § _ __ _ __ _ F____ _ I 21,e mgis I – – —__— — ' .1 `� gd ww°WY f ci$g~ °� 4-7'`'- 1 m sl LU s- ee 8 el 4. li i �$ r ' fi g I g • Nt P2 o o :ii. �i 4 ERZ 'a ry, 13 l" 1/ 1 /�r r� ' � 1 k vl ( / , r 7 , ! ! r ` 11 / 1' r' r �� A.• 41 iti K. ILI1 , ,:.., N gS-. p r "� l l/ / lrll rrl '' err ,.i - h o ,.� ' 1 ! i / / rr - A' ,-f .�''$ a` 7 / l rr rr % i ? - Ax , (� � B ' — > J d• ` �l ° -� b. —1 o O , , W :iTr4P ?() • �l d. 4V I -mot ...�_n . ,� O n g-,t^ z nom' ..n n A 4:,---:: ---- 1' N Iz Igg S !!l!!ll/lj1� vow ;.',,. ,„,,,,"-- L„.,,,i4Po„. ,;f. c, , . . 11. ,_ ; 1%4 r------ p t ` ��''!yam .I!'!i� .F k m, K 2 tU W -... r. ,..,...., ,1' t --, 4 r ,..------- 1..:-4-R 1.-1 0 I 0 I , A ,',,,, , ---1.) cir .. ii ,,,, f, ,. ..,. ,, ...,, kt, . 12 t 4,' ,V' ;t .--, i Ift-4 i(4.7 --* ' 7.' 4'' 4.1 ','''. - 1-''2) -.' '''A 1, 1'''''-' t-,11 .,--1_4 , 1 /V ile . . ....„ 1 _.... i, : ---1 1 1 1 .t, .., 1 % I I t 1 1 t I t i . 'i i % t i , t t % f t t .1 t t . I- -t i t , t 'k ■ . i ) I 7 „.„) 1 it 4 4 : . t 4 1 1 t. .1 I f ,.., I i of— i 1 . ! « 1 I ) .,..- t , I 1 .f. , . . i . 1 4 i 1 I i ..,, / i 4,- * ) Af , , „‹ A jc.;;; 4) i 4 A;-i-- •- cc-4-4 4,,,,,„...„,, • -1*, , -.-, , , , , --' --1-4,,,, - 1 ' I I I 1 , 1 \ 1 • i , i 4,44 1 .4 L k,, N 1 1 , 1 , , 6 - .1. V \ '''''''..‘ ii , vttk i 1 ' ) \ N 1 - 1 I i 1 , 1 4 i ' 1 '? 1 , t .... -a-ii0 8 g '15 g ... 2 m . I I 9. T3 E i To -E I.., .=, < "8 '6 ,-co o ig rf, a/ Cr -.6 e FE Z Cs' 43*5 1 2 co u_ 0., e ,..., o ^r L i O U a) 'El.o ; ; M -C'-8 0, e g g g iii ir, o o o_ 0 0 `1, g'..-..' C.) C) - E t. .c & --- ,_> (... ' cal 1 r 2' g t 2 2 c' 0, Le, e -a E 0 ,i, .'"=-FL, '..' ff,ffr I r 1 2 ,,,„ , th: . .ci 3 s t a i = = . r a) cn ° .c., 1 4 El: (1:1 cf' .-f --Of ifi M -0-, -0= -0•7.. c c - 4 0 8 ...-:. , -/. ,..n,„ .-■ It 2 < 2 ,7," r-1' I'- ,r--- __I ..... 2 ° 2 R 2= a' S V n 07-31 ii 'N "ff iL3 ig c fq f. a ,g 2 zji-f-f. 2, f 1- f Ts. , -r r,„ Cl) ''`' `-. 11,. _c a a, cr, ,-,,, - - r7 .--- •-• 1-0 4-. .- =.I■ T z c./) 'a 1 L• VI L) n I€ rd• ra IL 2 ,7,#: 2: g.E L.) Z i TO , co :2 -,(-2 5 i to •8 -5_ z • LLI ,-, 0, C:1 0 0 0 = = 0 ,.3 4-=. E ..c ',' 64° -o - -Lu .- ., -7, '2' ci g._`.1' % ,,g i .'; , _w sr CO -10 c n d....' g ° ..., 2 CY R- \ -2 .= iorag.- a" ° E-Er 1,,, 2 L._ 46 2 , `>' E .-„,- ›.- -- -0 0 " w 1-- w =, ;."7,< .." ›- 'f' f t t g,3 -,", cc,,.., •„-; u a) g 1 &z, ,u g .2, ',-„' ',c_ 0, LI C'C' 2 '7' CS E o ena c'-' 7, 4) 4. ' 2 f.-=' M af E w o v t.o 1 5 o 2 E 0 0 Z-0 co 2 E ;;Lr,' 0 .1 g t; i it,/ ., - 0 0,0 , 0 0-0 7 2 45 ''' 4 2 ..".2 z.70 ff ,a,,, g S ., 76 o `--)76 S L) 2 f 2 i = co •i < z 0 I co m .,--. E 0 -5* 0 0 = C-9-9- ",' = I 1 0:1 NM < 0 -I - 2= = ...f,.., I I, CI o 3 cn 1 .. -al c 2 g 1.- ..,, F' a▪ 4 E 0 - 0 ..92 1-- -9, c L "P- S a % "ii E •- ea — ,C) t 2‘7 Er ''.- F i -1' 4 [ — a r - - 0 af , 22 fu 0 . ....1 0 L E ar 2 o 79 a °-,'' 2 ° '..., .3; co no , o ° -I, .-■ 8 = cc ,7 5 no co 1 kr, CS. E ■-4- I .- 4.• I o o Ci_ 2" EA 1 1 1 If E 8 L''''7) E re Li 2 < = : 0 0 0 .g Z. Z I— 7 0 c no 1 _ IL = 2' -,7 .., 0 CD -9 0 en 03 Cu - =ce- 2° soz --: , ,I-I C..)— cs■ = 073, I 1'O a) o o 75 •cL 0", -- 5 0 .$,' i ,g 0 5 8 ‘3. _ , z-.• - 8 L 4 ci 2 I i .'= 9 ' h .., 6 . "- . ' 8 s, ° .R. 2 E ° 0 9- , . 0 01 .c 1 la. . 4.8 0,, : E < co F2 ra `c.5 E ,o , a'a % to 41 ° 4 al , co , -° o. 0 - F.; rt, E c . c6II .., 111 D d IIII 222 _I f 0 "Z w . 1 FILED 2 2E4 SEP -9 PH 2: 15 3 ci 41 5 6 SUPERIOR COURT OF THE STATE OF WASHINGTON 7 FOR JEFFERSON COUNTY 8 j GARY MIKELSON and MARY L. No 14 2 ® 0175 , 3 MIKELSON, husband and wife; and 9 GORDON TAMURA, a single man Plaintiff, COMPLAINT TO QUIET TITLE 10 TO VACATED STREETS vs. 11 JEFFERSON COUNTY 12 Defendant. 13 14 15 Come now the Plaintiffs and for cause of action against the Defendant, allege as follows: 1. Plaintiffs Gary Mikelson and Mary L. Mikelson are residents of Jefferson County 16 and own real property described as follows: 17 Lots 1 through 8, Block 12 in Cove Addition to the City of Port 18 Townsend, as per plat recorded in Volume 2 of Plats, on page 27, records of Jefferson County. (Jefferson County Tax Parcel Number 945 901 201) 19 2. Plaintiff Gordon Tamura is a resident of Jefferson County and owns real property 20 in Jefferson County legally described as: 21 Lots 1 through 4, Block 3, in Cove Addition to the City of Port Townsend, � 2 as per plat recorded in Volume 2 of Plats, on page 27, records of Jefferson ` County. (Jefferson County Tax Parcel Number 945 900 301) 23 COMPLAINT TO QUIET TITLE HARRi5,1VIQtIIQE dt WAKAYAMA,PLLC 901FIFTH AVENUE,SUIIE41W 24 j TO VACATED STREETS - 1 s�res,WASHINcroo9sl64 PHONE(3fi al-1818 FAX( 62.8560 1 2 3. Defendant Jefferson County is a municipal corporation under RCW Title 36, with offices in Port Townsend,Washington. 3 4. This court has jurisdiction over the parties and the subject matter of this action, 4 and is the proper venue for the bringing of this action, because the action seeks to quiet title to 5 real property in Jefferson County. 6 5. The Plat of Cove Addition(hereinafter"the Plat") is located outside the city limits 7 of Port Townsend and in Jefferson County. The Plat was recorded in the official records of 8 Jefferson County, Washington, on October 5, 1889, at Volume 2 of Long Plats, page 27, which 9 Plat included streets dedicated for public use. All properties affected by this case lie within the 10 Plat. A photocopy of the Plat is attached hereto as Exhibit"A" 11 6. As depicted in the Plat, a portion of the East Half of 8th Street lies adjacent to the 12 West side of Lots 1 and 8 of the Mikelson Property. A portion of the South Half of Atlantic Ave. 13 lies adjacent to the North side of Lots 1, 2, 3 and 4 of the Mikelson Property. Those portions of 14 8th Street and Atlantic Ave. were never opened for public use within the relevant time period as 15 discussed below. 16 7. As depicted in the Plat, a portion of the East Half of 8th Street lies adjacent to the 17 West side of Lot 1 of the Tamura Property. A portion of the North Half of Atlantic Ave. lies 18 adjacent to the South side of Lots 1, 2, 3 and 4 of the Tamura Property. Those portions of 8th 19 Street and Atlantic Ave. were never opened for public use within the relevant time period as 20 discussed below. 21 22 23 COMPLAINT TO QUIET TITLE HARRIS,MERICLE&WAKAYAMA,PLL.0 901AF11H AVENUE,SUf E41W 24 TO VACATED STREETS -2 SEATTLE,WASHINcrox98164 z (204E21-1818 FAX( 6244660 1 8. From 1889 and thereafter until 1909, there was in effect a statute of the laws of 2 the State of Washington, adopted under Sec. 32, Chapter 19, Laws of 1889-90, which read as 3 follows: 4 Any county road, or part thereof, which has heretofore been or may hereafter be authorized, which remains unopened for public use for the 5 space of five years after the order is made or authority granted for the opening of same, shall be and the same is hereby vacated, and the 6 authority for building the same barred by lapse of time. 7 9. The effect of that statute was to bar any interest of the public in any County Road, 8 street or right of way, shown on a Plat, which had not been developed for a period of five years 9 after the recording of the Plat. At all relevant times, the Cove Addition Plat has been a County 10 Plat,and not a portion of any incorporated City. 11 10. By operation of law, any interest which the public may have had in those portions 12 of the streets described above in the Cove Addition Plat was fully vacated on or about October 5, 13 1894, because, as of that date, the five year period in the statute had elapsed and the streets had 14 not been opened, developed, improved or actually used as a public right of way. 15 11. Upon statutory vacation of platted streets, said public rights of way revert to the 16 ownership of adjacent landowners. 17 12. Plaintiffs Gary and Mary Mikelson are entitled to an Order of this Court, quieting 18 title and declaring that they own in fee simple the following property: 19 (1) The East half of 8th Street lying adjacent to Lots 1 and 8, 20 Block 12, Cove Addition as per plat recorded in Vol. 2 of Long Plats,page 27, records of Jefferson County;together with 21 (2) The South half of Atlantic Ave. lying adjacent to Lots 1, 2, 22 3 and 4, Block 12, Cove Addition, as per plat recorded in Vol. 2 of Long Plats,page 27, records of Jefferson County;together with 23 COMPLAINT TO QUIET TITLE HARRIS,MERICLE dsWAKAYAMA,PE1,C 901 HRH AVENUE,SUM 410D 24 TO VACATED STREETS -3 SEATTLE,WASH1Ncror1981� PHONE poq 621-1818 FAX(206)614-85w 1 (3) The Property bounded by the following four lines: 2 (a) the centerline of Atlantic Ave. 3 the centerline of 8th Street, (c) the northerly extension of the west boundary of Lot 4 1 of Block 12; and (d) the westerly extension of the north boundary of Lot 5 1 of Block 12. 6 and that their title to said property is free and clear of any easements, licenses, right of entry or 7 ! any other legal or equitable interests whatsoever by Jefferson County or by the public generally. 8 13. Plaintiff Gordon Tamura is entitled to an Order of this Court, quieting title and 9 {{ declaring that he owns in fee simple the following property: 10 (1) The East half of 8th Street lying adjacent to Lot 1, Block 3, Cove Addition as per plat recorded in Vol. 2 of Long Plats,page 27, 11 records of Jefferson County; together with 12 I (2) The North half of Atlantic Ave. lying adjacent to Lots 1, 2, 3 and 4, Block 3, Cove Addition, as per plat recorded in Vol. 2 of 13 Long Plats,page 27, records of Jefferson County,together with 14 (3) The Property bounded by the following four lines: 15 (a) the centerline of Atlantic Ave. (b) the centerline of 8th Street, 16 (c) the southerly extension of the west boundary of Lot 1 of Block 3; and 17 (d) the westerly extension of the south boundary of Lot 1 of Block 3. 18 19 and that his title to said property is free and clear of any easements, licenses,right of entry or any 20 other legal or equitable interests whatsoever by Jefferson County or by the public generally. 21 22 23 COMPLAINT TO QUIET TITLE HARRIS,MERI(LE&WAKAYAMA,PLLC 901 HRH AVENUE,SUTIEC0D 24 TO VACATED STREETS -4 SBATIMWASf-IINGPON96164 PHONE(21:6)6018111 FAx17014 c a';a 1 WHEREFORE,plaintiffs pray for judgment as follows: 2 A. For an Order of this Court and Declaratory Judgment, quieting title to Gary and 3 Mary Mikelson to the following property: 4 (1) The East half of 8th Street lying adjacent to Lots 1 and 8, Block 12, Cove Addition as per plat recorded in Vol. 2 of Long 5 Plats,page 27, records of Jefferson County;together with 6 (2) The South half of 8th Street lying adjacent to Lots 1, 2, 3 and 4, Block 12, Cove Addition, as per plat recorded in Vol. 2 of 7 Long Plats,page 27, records of Jefferson County, together with 8 (3) The Property bounded by the following four lines: 9 (a) the centerline of Atlantic Ave. (b) the centerline of 8th Street, 10 (c) the northerly extension of the west boundary of Lot 1 of Block 12; and 11 (d) the westerly extension of the north boundary of Lot 1 of Block 12. 12 and declaring that the Gary and Mary Mikelson's title to said properties is free and clear of any 13 easements, licenses, right of entry or any other legal or equitable interests whatsoever by 14 Jefferson County or by the public generally. 15 16 B. For an Order of this Court and Declaratory Judgment, quieting title to Gordon Tamura to the following property: 17 (1) The East half of 8th Street lying adjacent to Lot 1, Block 3, 18 i Cove Addition as per plat recorded in Vol. 2 of Long Plats,page 27, records of Jefferson County; together with 19 (2) The North half of Atlantic Ave. lying adjacent to Lots 1, 2, 20 3 and 4, Block 3, Cove Addition, as per plat recorded in Vol. 2 of Long Plats,page 27, records of Jefferson County,together with 21 (3) The Property bounded by the following four lines: 22 (a) the centerline of Atlantic Ave. 23 COMPLAINT TO QUIET TITLE HARRIS,MEuCLE&WAKAYAMA,P[LC 901 HFIH AVENUE,SUM 4X0 24 TO VACATED STREETS -5 SEATILE,WASHINGTON 90161 PHONE(211#!¢1-7818 FAX QM)6144E6o 1 (b) the centerline of 8th Street, (c) the southerly extension of the west boundary of Lot 2 1 of Block 3; and (d) the westerly extension of the south boundary of Lot 3 1 of Block 3. 4 C. For such other and further relief as the Court shall deem equitable in the premises. 5 Dated this 5th day of September, 2014. 6 7 HARRIS, MERICLE & WAKAYAMA i 8i 9 , By Malc, S. Harris, WSBA#4710 10 Attorneys for Plaintiff 11 12 13 14 15 , 16 17 18 19 I! 20 21 22 23 COMPLAINT TO QUIET TITLE HARRIS,MERICLE&WAKAYAMA,PLLC TO VACATED STREETS -6 S AVENUE,s 8161 24 s� ,wns�mrc:-roiv � mONE( 6214818 FAX(206)6244560 ii • • • 1 FILED 2 20114 OCT -6 FM 3: 22 3 JEFFE J::N 4 5 . 6 '; SUPERIOR COURT OF THE STATE OF WASHINGTON 7 i FOR JEFFERSON COUNTY 8 GARY MIKELSON and MARY L. No 14-2-00I75-3 MIKELSON,husband and wife; and 9 GORDON TAMURA, a single man STIPULATED JUDGMENT 10 !! Plaintiff, QUIETING TITLE vs. TO REAL PROPERTY 11 I JEFFERSON COUNTY 12 Defendant. 13 14 REAL PROPERTY JUDGMENT SUMMARY 15 Assessor's Parcel Numbers: 945 900 301 and 945 901 201 Legal Description of Property Awarded: Portions of the Rights-of-Way for Atlantic Ave. and 16 8th Street, in the Cove Addition,records of Jefferson County 17 Money Judgment: None 18 JUDGMENT 19 This matter having come on in open Court this date, upon the Stipulation among the 20 parties; and the Court being fully advised; it is 21 ORDERED, ADJUDGED AND DECREED that the plaintiffs Gary Mikelson and Mary 22 Mikelson, husband and wife, are hereby vested with title superior to that of the County in and to 23 STIPULATION AND JUDGMENT QUIETING HARMS,MEN a WAKAYAMA,PLLC 901 FIFTH AVENUE,SURE 4100 24 TITLE TO REAL PROPERTY -1 SEATTLE,WASHINGTON 98164 PHONE(206)621-1818 FAX(206)6248560 14 9 . 00 364 b • • 1 the following portions of Atlantic Ave. and 8th Street in the Cove Addition Plat, located in 2 Jefferson County, State of Washington, which portions are hereby confirmed to have been 3 statutorily vacated by operation of law and which are legally described as follows: 4 (1) The East half of 8th Street lying adjacent to Lots 1 and 8, Block 12, Cove Addition, as per plat recorded in Vol. 2 of Long 5 Plats,page 27,records of Jefferson County;together with 6 (2) The South half of Atlantic Ave. lying adjacent to Lots 1, 2, 3 and 4, Block 12, Cove Addition, as per plat recorded in Vol. 2 of 7 Long Plats,page 27,records of Jefferson County;together with 8 (3) The Property bounded by the following four lines: 9 (a) the centerline of Atlantic Ave., (b) the centerline of 8th Street, 10 (c) the northerly extension of the west boundary of Lot 1 of Block 12; and 11 !: (d) the westerly extension of the north boundary of Lot 1 of Block 12. 12 and that the County and the public generally do not claim and do not have any easements, 13 licenses, right of entry or any other legal or equitable interests whatsoever over the property 14 described above;and it is further 15 ORDERED ADJUDGED AND DECREED, that the plaintiff Gordon Tamura is hereby 16 vested with title superior to that of the County, in and to the following portions of Atlantic Ave. 17 and 8th Street in the Cove Addition Plat, located in Jefferson County, State of Washington, 18 jwhich portions are hereby confirmed to have been statutorily vacated by operation of law and 19 which is legally described as follows: 20 (1) The East half of 8th Street lying adjacent to Lot 1, Block 3, 21 Cove Addition as per plat recorded in Vol. 2 of Long Plats,page 27, records of Jefferson County;together with 22 23 STIPULATION AND JUDGMENT QUIETING CIS,MERICLE&WAKAYAMA,PLC 901 Fp TH AVENUE,SURE 4100 24 TITLE TO REAL PROPERTY -2 SEATTLE,WASHINGTON 95164 PHONE(206)621-1818 FAX(206)6248560 • • 1 (2) The North half of Atlantic Ave. lying adjacent to Lots 1, 2, 3 and 4, Block 3, Cove Addition, as per plat recorded in Vol. 2 of 2 Long Plats,page 27, records of Jefferson County;together with 3 (3) The Property bounded by the following four lines: 4 (a) the centerline of Atlantic Ave. (b) the centerline of 8th Street, 5 (c) the southerly extension of the west boundary of Lot 1 of Block 3; and 6 (d) the westerly extension of the south boundary of Lot 1 of Block 3. 7 and that the County and the public generally do not claim and do not have any easements, 8 licenses, right of entry or any other legal or equitable interests whatsoever over the property 9 described above; and it is further 10 ORDERED, ADJUDGED AND DECREED that Jefferson County has no claim or right 11 to the rights-of-way described above,because such claim and rights have been statutorily vacated 12 by entry of this Order and by the action of the Jefferson County Commissioners in their 13 Resolution No. 20-98 dated March 16, 1998, vacating that portion of the right-of-way known as 14 Atlantic Avenue located between the real property owned by Plaintiff Mikelson and the Plaintiff 15 Tamura. 16 ORDERED, ADJUDGED AND DECREED, that neither party is awarded costs in this 17 action. 18 /�,, E /1-- DONE IN OPEN COURT this SCL day ofSep' er,2014. 19 20 011iciawie.emoreirieoeir 21 Judge/ 22 23 STIPULATION AND JUDGMENT QUIETING HARRIS.MERICLE&WAKAYAMA,PLLC 901 FIFTH AVENUE,SURE 4100 24 TITLE TO REAL PROPERTY -3 SEATTLE,WASHINGTON 98164 PHONE(206)621-1818 FAX(206)624.8560 • It 21 Presented by: 3 HARRIS MERICLE&WAKAYAMA 4 51 By: • 6 Malco "i S.Harris,WSBA#4710 Atto ey for Plaintiffs 7 Approved for Entry;Notice of Presentation Waived; 8 Copy Received 9 JEFFERSON COUNTY PROSECUTOR 10 11 By: aird., David Alvarez,WSBA#29194,Chief Civil DPA 12 f Attorney for Defendant,Jefferson County 13 14 15 16 17 18 19 20 21 22 23 { STIPULATION AND JUDGMENT QUIETING HARRIS,MERICLE&WAKAYAMA,PLLC 24 I 901 FIFTH AVENUE,SUITE 4100 TITLE TO REAL PROPERTY -4 SEATTLE,WASH81GTON 98164 PHONE(206)621-1818 FAX(206)6248580 Legal Description of new parcel: Lots 1 and 8, in Block 12 of Cove Addition to the City of Port Townsend, as per plat recorded in Volume 2 of Plats, on page 27, records of Jefferson County, Washington; Together with those portions of vacated Atlantic Avenue and 8th Street which lie between the boundaries of said Lots 1 and 8 and the centerline of said roadways, as depicted in the said Plat, as vacated by Jefferson County pursuant to the "Stipulated Judgment Quieting Title to Real Property" entered under Jefferson County Cause No. 14-2-00175-3, dated October 6, 2014. Revised Legal Description of Parcel No. 945 901 201 after creation of the new parcel described above: Lots 2 through 7, inclusive, in Block 12 of Cove Addition to the City of Port Townsend, as per plat recorded in Volume 2 of Plats, on page 27, records of Jefferson County, Washington; Together with that portion of vacated Atlantic Avenue which lies between the northern boundaries of Lots 2, 3, and 4 and the centerline of Atlantic Avenue, as depicted in the said Plat, as vacated by Jefferson County pursuant to the "Stipulated Judgment Quieting Title to Real Property" entered under Jefferson County Cause No. 14-2-00175-3, dated October 6, 2014. 586253 P G S EFFER60N TITLE CO INC $73.00 VIII lJ���.r��':1i��1I�Ft�'�Y�.1l� 101 V 41 El,il l i�t:1 ill for When Recorded Return to Gary Mikelson 393 Frederick Street Port Townsend WA 98368 Prepared by: Jefferson Title Carpany,Inc. Recon No: 14055 Order No. : Reference No. : PARTIAL REC NVEYANCE The undersigned as trustee under that certain Deed of Trust, described as follows: Dated : October 12, 2001 Recorded : October 22, 2001 Auditor's File No. : 448796 Volume Page : County of : Jefferson State of : Washington Grantor : Gary Mikelson and Mary L. Mikelson, husband and wife Beneficiary : Julian L. Arthur and Susan K. Arthur, husband and wife having received fruu the beneficiary under said Deed of Trust a written request to reconvey a portion of the real property described in said deed, does hereby reconvey, without warranty, to the person(s) entitled thereto the right, title and interest now held by said Trustee in and to that portion of the real property described in said Deed of Trust, situated in AS HERETO ATTACHED Brief Legal: 1 & 8, Bik. 12, Cove Addition Tax Parcel No: 945 901 201 Dated: September 16, 2014 Jefferson Title Company, Inc. (Trustee) - r BIT: \ Li..-i'- ,:.,i 13k ciii---A14--": Brandt, Authorized Signatory STATE OF Washington } COUNTY OF Jefferson } I certify that I know or have satisfactory evidence that Susan BrarlLis the person who appeared before me, and said person acknowledged that hedV was authorized to execute the instrument and acknowledged it as Authori.z Signatory of Jefferson Titles. .- , Inc. the free and voluntary act of such party for the uses and p 1 -menti.- the instrument. - �� 0.0101kENT , s (1%S. No - . , • 4 A ,• for the State of Washington ) TODTAilk tit i -si• ' • Nil. .wnsend em.•® iri! My appointment expires February 13, 2018 47 ;��,,%.%A RV1316G4.® %i%o'WASN\ \\" Reconveyance No: 14055 LEGAL DESCRIPTION Partial Reconveyance of 448796: Lots 1 and 8, Block 12, Cove Addition to the City of Port Townsend, as per plat recorded in Volume 2 of Plats, page 27, records of Jefferson County, Washington. Situate in the County of Jefferson, State of Washington. Joel Peterson From: David Alvarez Sent: Tuesday, September 23, 2014 8:24 AM To: Joel Peterson Subject: RE: Customer Suing the County per Normal Procedure Am familiar with this lawsuit. And it is normal procedure. I have it under control and will work with Mikelson's attorney. DA From:Joel Peterson Sent: Monday, September 22, 2014 5:34 PM To: David Alvarez Cc: Carl Smith; Stacie Hoskins Subject: Customer Suing the County per Normal Procedure Hi David: I'm passing along some legal documents for your attention. Gary Mikelson is suing the County, and he provided a copy of the legal papers along with a few other documents to me to help him figure out how he needs to proceed with getting permits for a home site. I'm working with Mr. Mikelson in the context of a paid Customer Assistance Meeting. Mr. Mikelson was instructed by his lawyer that the suit is just procedural--the proper way to proceed with a quiet title to land in a plat. Is this similar to the recent case where the judge's decision trumped the DCD/Assessor process for determining suitability of a site? I've attached the Complaint and Summons—they've been filed in Superior Court. I wanted you to see it, if you haven't already. I've included brief telephone notes below as background of what he wants to do. A Partial Reconveyance is also attached and explained below. Thanks.Sorry for the rough explanation. Call if you like. Joel Telephone notes" Gary Mikelson wishes to give two lots in a plat to his daughter to provide a home site for installation of septic and manufactured home. The plat is named_[Cove Plat?]_and consists of 8 lots total, in Gary Mikelson's ownership. He wishes to give lots#1 and#8 to his daughter He is doing a "quiet title" on 8'Street. (Involves vacating the right of way of 8'Street in the plat). Over time, all the neighbors have taken their half of 8'Street right of way and some have erected fences to include it in their yards. 1 Gary Mikelson wishes to legally settle the 8th Street vacation, and add the appropriate portion to his daughter's home site. Because the plat is all private (i.e. does not contain any County right of way),the owners in the plat cannot(would not) do a "road vacation". DCD said to hire a land use attorney to do the quiet title actions privately with all the landowners. Gary Mikelson hired Malcolm Harris of Harris, Mericle &Wakayama, PLLC,to help. Gary Mikelson joins with Plaintiff Gordon Tamura, his adjacent neighbor, so that they can both settle the land title issues with more economy than if they both did it individually. Mr.Tamura is between Atlantic Street (between 7th and 8th). Mr. Harris informed his clients that suing the County is procedural, and is the way it is done. There is a Partial Reconveyance recorded with the Auditor—in order to release the two lots,that Gary Mikelson is gifting to his daughter,from the lienholder. Gary wanted to follow the reconveyance with a Quit Claim to the two lots. The Assessor's office said that first,they would need to know that the two lots can be separated—DCD needs to show that it is an appropriate home site. Mike Deeney, septic designer, has completed a septic design and all looks good to him. The design is "on file" at Environmental Health. No permit application has been made. Joel Peterson Associate Planner,Jefferson County Department of Community Development 621 Sheridan Street * Port Townsend,WA 98368 Phone 360-379-4457 * Fax 360-379-4451 jpetersonAco.iefferson.wa.us Jefferson County DCD Mission: To preserve and enhance the quality of life in Jefferson County by promoting a vibrant economy, sound communities and a healthy environment. All e-mail sent to this address will be received by the Jefferson County e-mail system and may be subject to Public Disclosure under Chapter 42.56 RCW lifiA SAVE PAPER - Please do not print this e-mail unless absolutely necessary 2 • 586253 PGS : 2 RCP 09/16/2014 03:26 PM $73.00 JEFFERSON TITLE CO INC Jefferson County WR Auditor's Office - Donna Eldridge, Auditor IIII Pli�JFjral PI%11171' EA l 1111' D l'rh III III When Recorded Return to Gary Mikelson 393 Frederick Street Port Townsend WA 98368 Prepared by: Jefferson Title Ccaroany,Inc. Recon No: 14055 Order No. : Reference No. : PARTIAL RECONVEYANCE The undersigned as trustee under that certain Deed of Trust, described as follows: Dated : October 12, 2001 Recorded : October 22, 2001 Auditor's File No. : 448796 Volume Page : County of : Jefferson State of : Washington Grantor : Gary Mikelson and Mary L. Mikelson, husband and wife Beneficiary : Julian L. Arthur and Susan K. Arthur, husband and wife having received from the beneficiary under said Deed of Trust a written request to reconvey a portion of the real property described in said deed, does hereby reconvey, without warranty, to the person(s) entitled thereto the right, title and interest now held by said Trustee in and to that portion of the real property described in said Deed of Trust, situated in AS HERETO ATTACHED Brief Legal: 1 & 8, Blk. 12, Cove Addition Tax Parcel No: 945 901 201 Dated: September 16, 2014 Jefferson Title Company, Inc. (Trustee) x a . Susan Brandt, Authorized Signatory STATE OF Washington COUNTY OF Jefferson 1t I certify that I know or have satisfactory evidence that Susan Bran t,-J.,��s the person who appeared before me, and said person acknowledged that he/she was authorized to execute the instrument and acknowledged it as Authorize Signatory of Jefferson Title cmpany, Inc. the free and voluntary act of such party for the uses and p o.s- menti the instrument. �,0NpNY g�i�i��s/ .4S' T•••' • Not. �l i' in .1 d for the State of Washington �o• ,� QO DTARk ? �- ridin• at 'o.. ownsend VI +0-•+ My appointment expires February 13, 2018 PUBLAG �17? CIgRY 13, (* Reconveyance No: 14055 LEGAL DESCRIPTION Partial Reconveyance of 448796: Lots 1 and 8, Block 12, Cove Addition to the City of Port Townsend, as per plat recorded in Volume 2 of Plats, page 27, records of Jefferson County, Washington. Situate in the County of Jefferson, State of Washington. HARRIS, MERICLE & WAKAYAMA A Professional Limited Liability Company A T T O R N E Y S A T L A W 901 FIFTH AVENUE,SUITE 4100 Port Townsend Office MALCOLM S.HARRIS SEATTLE,WASHINGTON 98164 211 TAYLOR STREET,SUITE 40.1-e E-mail:mharris @hmwlaw.com FAX(206)624-8560 PORT TOWNSEND,WASHINGTON 98365 (206)621-1818 FAX(360)379-9378 (360)379-9377 September 12, 2014 Ms. Laura Mikelson 393 Frederick Street Port Townsend, WA 98368 Mr. Gordon Tamura PO Box 1073 Port Hadlock, WA 98339 Re: Street Vacation Dear Laura and Gordon: Enclosed please find copies of the summons and Complaint which I have filed with the Court. I am making arrangements to serve these on the County today. Once the County responds, I am hopeful that we can work out an agreed Order and Judgment to conclude the proceeding. Please call if you have any questions. Very truly yours, HARRIS MERICLE & WAKAYAMA Malcolm S. Harris Joel Peterson From: David Alvarez Sent: Tuesday, September 23, 2014 8:24 AM To: Joel Peterson Subject: RE: Customer Suing the County per Normal Procedure Am familiar with this lawsuit. And it is normal procedure. I have it under control and will work with Mikelson's attorney. DA From:Joel Peterson Sent: Monday, September 22, 2014 5:34 PM To: David Alvarez Cc: Carl Smith; Stacie Hoskins Subject:Customer Suing the County per Normal Procedure Hi David: I'm passing along some legal documents for your attention. Gary Mikelson is suing the County, and he provided a copy of the legal papers along with a few other documents to me to help him figure out how he needs to proceed with getting permits for a home site. I'm working with Mr. Mikelson in the context of a paid Customer Assistance Meeting. Mr. Mikelson was instructed by his lawyer that the suit is just procedural--the proper way to proceed with a quiet title to land in a plat. Is this similar to the recent case where the judge's decision trumped the DCD/Assessor process for determining suitability of a site? I've attached the Complaint and Summons—they've been filed in Superior Court. I wanted you to see it, if you haven't already. I've included brief telephone notes below as background of what he wants to do. A Partial Reconveyance is also attached and explained below. Thanks.Sorry for the rough explanation. Call if you like. Joel Telephone notes" Gary Mikelson wishes to give two lots in a plat to his daughter to provide a home site for installation of septic and manufactured home. The plat is named_[Cove Plat?]_and consists of 8 lots total, in Gary Mikelson's ownership. He wishes to give lots#1 and #8 to his daughter He is doing a "quiet title" on 8th Street. (Involves vacating the right of way of 8th Street in the plat). Over time, all the neighbors have taken their half of 8th Street right of way and some have erected fences to include it in their yards. 1 Gary Mikelson wishes to legally settle the 8th Street vacation, and add the appropriate portion to his daughter's home site. Because the plat is all private (i.e. does not contain any County right of way),the owners in the plat cannot (would not) do a "road vacation". DCD said to hire a land use attorney to do the quiet title actions privately with all the landowners. Gary Mikelson hired Malcolm Harris of Harris, Mericle&Wakayama, PLLC,to help. Gary Mikelson joins with Plaintiff Gordon Tamura, his adjacent neighbor, so that they can both settle the land title issues with more economy than if they both did it individually. Mr.Tamura is between Atlantic Street (between 7th and 8th) Mr. Harris informed his clients that suing the County is procedural, and is the way it is done. There is a Partial Reconveyance recorded with the Auditor—in order to release the two lots,that Gary Mikelson is gifting to his daughter,from the lienholder. Gary wanted to follow the reconveyance with a Quit Claim to the two lots. The Assessor's office said that first, they would need to know that the two lots can be separated—DCD needs to show that it is an appropriate home site. Mike Deeney, septic designer, has completed a septic design and all looks good to him. The design is"on file" at Environmental Health. No permit application has been made. Joel Peterson. Associate Planner,Jefferson County Department of Community Development 621 Sheridan Street * Port Townsend, WA 98368 Phone 360-379-4457 * Fax 360-379-4451 jpeterson@co.jefferson.wa.us Jefferson County DCD Mission: To preserve and enhance the quality of life in Jefferson County by promoting a vibrant economy, sound communities and a healthy environment. All e-mail sent to this address will be received by the Jefferson County e-mail system and may be subject to Public Disclosure under Chapter 42.56 RCW SAVE PAPER - Please do not print this e-mail unless absolutely necessary 2 1 FILED D 2 ,q' i r ..1 { . i 3 4 5 6 SUPERIOR COURT OF THE STATE OF WASHINGTON 7 FOR JEFFERSON COUNTY 8 GARY MIKELSON and MARY L. 4 MIKELSON, husband and wife; and No. 4 2 0 0 1 7 5 . 9 GORDON TAMURA, a single man Plaintiff, COMPLAINT TO QUIET TITLE 10 TO VACATED STREETS vs. 11 JEFFERSON COUNTY 12 Defendant. 13 14 15 Come now the Plaintiffs and for cause of action against the Defendant, allege as follows: 16 1. Plaintiffs Gary Mikelson and Mary L. Mikelson are residents of Jefferson County and own real property described as follows: 17 Lots 1 through 8, Block 12 in Cove Addition to the City of Port 18 Townsend, as per plat recorded in Volume 2 of Plats, on page 27, records of Jefferson County. (Jefferson County Tax Parcel Number 945 901 201) 19 2. Plaintiff Gordon Tamura is a resident of Jefferson County and owns real property 20 in Jefferson County legally described as: 21 Lots 1 through 4, Block 3, in Cove Addition to the City of Port Townsend, 22 as per plat recorded in Volume 2 of Plats, on page 27, records of Jefferson County. (Jefferson County Tax Parcel Number 945 900 301) 23 COMPLAINT TO QUIET TITLE HARRIS,MEucri✓&WAKAYAMA,PLI.0 901 E FIH AVENUE,SUITE 4100 24 TO VACATED STREETS - 1 SEATHE,WAS-UNGION98164 PHONE( i)621-1818 PAX(2 &2,1-8660 1 3. Defendant Jefferson County is a municipal corporation under RCW Title 36, with 2 offices in Port Townsend, Washington. 3 4. This court has jurisdiction over the parties and the subject matter of this action, 4 and is the proper venue for the bringing of this action, because the action seeks to quiet title to 5 real property in Jefferson County. 6 5. The Plat of Cove Addition (hereinafter "the Plat") is located outside the city limits 7 of Port Townsend and in Jefferson County. The Plat was recorded in the official records of 8 Jefferson County, Washington, on October 5, 1889, at Volume 2 of Long Plats, page 27, which 9 Plat included streets dedicated for public use. All properties affected by this case lie within the 10 Plat. A photocopy of the Plat is attached hereto as Exhibit"A" 11 6. As depicted in the Plat, a portion of the East Half of 8th Street lies adjacent to the 12 West side of Lots 1 and 8 of the Mikelson Property. A portion of the South Half of Atlantic Ave. 13 lies adjacent to the North side of Lots 1, 2, 3 and 4 of the Mikelson Property. Those portions of 14 8th Street and Atlantic Ave. were never opened for public use within the relevant time period as 15 discussed below. 16 7. As depicted in the Plat, a portion of the East Half of 8th Street lies adjacent to the 17 West side of Lot 1 of the Tamura Property. A portion of the North Half of Atlantic Ave. lies 18 adjacent to the South side of Lots 1, 2, 3 and 4 of the Tamura Property. Those portions of 8th 19 Street and Atlantic Ave. were never opened for public use within the relevant time period as 20 discussed below. 21 22 23 COMPLAINT TO QUIET TITLE HARRIS,MERIcT.F&wAKAYAMA,PCZ.0 901 FIFTH AVENUE,SUITE 4100 24 TO VACATED STREETS -2 SEATTLE,WASHINGTON 98164 PHONE(2621-1816 FAX(206)62A-8560 1 8. From 1889 and thereafter until 1909, there was in effect a statute of the laws of 2 the State of Washington, adopted under Sec. 32, Chapter 19, Laws of 1889-90, which read as 3 follows: 4 Any county road, or part thereof, which has heretofore been or may hereafter be authorized, which remains unopened for public use for the 5 space of five years after the order is made or authority granted for the opening of same, shall be and the same is hereby vacated, and the 6 authority for building the same barred by lapse of time. 7 9. The effect of that statute was to bar any interest of the public in any County Road, 8 street or right of way, shown on a Plat, which had not been developed for a period of five years 9 after the recording of the Plat. At all relevant times, the Cove Addition Plat has been a County 10 Plat, and not a portion of any incorporated City. 11 10. By operation of law, any interest which the public may have had in those portions 12 of the streets described above in the Cove Addition Plat was fully vacated on or about October 5, 13 1894, because, as of that date, the five year period in the statute had elapsed and the streets had 14 not been opened, developed, improved or actually used as a public right of way. 15 11. Upon statutory vacation of platted streets, said public rights of way revert to the 16 ownership of adjacent landowners. 17 12. Plaintiffs Gary and Mary Mikelson are entitled to an Order of this Court, quieting 18 title and declaring that they own in fee simple the following property: 19 (1) The East half of 8th Street lying adjacent to Lots 1 and 8, 20 Block 12, Cove Addition as per plat recorded in Vol. 2 of Long Plats, page 27, records of Jefferson County; together with 21 (2) The South half of Atlantic Ave. lying adjacent to Lots 1, 2, 22 3 and 4, Block 12, Cove Addition, as per plat recorded in Vol. 2 of Long Plats, page 27, records of Jefferson County; together with 23 COMPLAINT TO QUIET TITLE i uus,MERICLE&WAKAYAMA,PL C TO VACATED STREETS -3 901 FIFTH AVENUE,,SIN stN�64 24 sF.n�'tT.E,wns�mrc;ivrr�� PHONE( 621-1818 FAX( 62A-8560 1 (3) The Property bounded by the following four lines: 2 (a) the centerline of Atlantic Ave. 3 (b) the centerline of 8th Street, (c) the northerly extension of the west boundary of Lot 4 1 of Block 12; and (d) the westerly extension of the north boundary of Lot 5 1 of Block 12. 6 and that their title to said property is free and clear of any easements, licenses, right of entry or 7 any other legal or equitable interests whatsoever by Jefferson County or by the public generally. 8 13. Plaintiff Gordon Tamura is entitled to an Order of this Court, quieting title and 9 declaring that he owns in fee simple the following property: 10 (1) The East half of 8th Street lying adjacent to Lot 1, Block 3, Cove Addition as per plat recorded in Vol. 2 of Long Plats, page 27, 11 records of Jefferson County; together with 12 (2) The North half of Atlantic Ave. lying adjacent to Lots 1, 2, 3 and 4, Block 3, Cove Addition, as per plat recorded in Vol. 2 of 13 Long Plats,page 27, records of Jefferson County, together with 14 (3) The Property bounded by the following four lines: 15 (a) the centerline of Atlantic Ave. (b) the centerline of 8th Street, 16 (c) the southerly extension of the west boundary of Lot 1 of Block 3; and 17 (d) the westerly extension of the south boundary of Lot 1 of Block 3. 18 19 and that his title to said property is free and clear of any easements, licenses, right of entry or any 20 other legal or equitable interests whatsoever by Jefferson County or by the public generally. 21 22 23 COMPLAINT TO QUIET TITLE HARRIS,NmuCLP&WAKAYAMA,PLLC TO VACATED STREETS -4 SE AVENUE,1�TE4161 24 WASI rcrorrs�l� PHONE(206)621-1818 FAX( 624-8560 1 WHEREFORE, plaintiffs pray for judgment as follows: 2 A. For an Order of this Court and Declaratory Judgment, quieting title to Gary and 3 Mary Mikelson to the following property: 4 (1) The East half of 8th Street lying adjacent to Lots 1 and 8, Block 12, Cove Addition as per plat recorded in Vol. 2 of Long 5 Plats, page 27, records of Jefferson County; together with 6 (2) The South half of 8th Street lying adjacent to Lots 1, 2, 3 and 4, Block 12, Cove Addition, as per plat recorded in Vol. 2 of 7 Long Plats,page 27, records of Jefferson County, together with 8 (3) The Property bounded by the following four lines: 9 (a) the centerline of Atlantic Ave. (b) the centerline of 8th Street, 10 (c) the northerly extension of the west boundary of Lot 1 of Block 12; and 11 (d) the westerly extension of the north boundary of Lot 1 of Block 12. 12 and declaring that the Gary and Mary Mikelson's title to said properties is free and clear of any 13 easements, licenses, right of entry or any other legal or equitable interests whatsoever by 14 Jefferson County or by the public generally. 15 B. For an Order of this Court and Declaratory Judgment, quieting title to Gordon 16 Tamura to the following property: 17 (1) The East half of 8th Street lying adjacent to Lot 1, Block 3, 18 Cove Addition as per plat recorded in Vol. 2 of Long Plats,page 27, records of Jefferson County; together with 19 (2) The North half of Atlantic Ave. lying adjacent to Lots 1, 2, 20 3 and 4, Block 3, Cove Addition, as per plat recorded in Vol. 2 of Long Plats, page 27, records of Jefferson County, together with 21 (3) The Property bounded by the following four lines: 22 (a) the centerline of Atlantic Ave. 23 COMPLAINT TO QUIET TITLE H RRLS,MERICE&WAKAYAMA,PLLC TO VACATED STREETS -5 " SUITE 41 24 SEATTLE,WASHINGTON 96164 PHONE(206)621-1818 FAX(206)624ffi60 1 (b) the centerline of 8th Street, (c) the southerly extension of the west boundary of Lot 2 1 of Block 3; and (d) the westerly extension of the south boundary of Lot 3 1 of Block 3. 4 C. For such other and further relief as the Court shall deem equitable in the premises. 5 Dated this 5th day of September, 2014. 6 7 HARRIS, MERICLE & WAKAYAMA 8 By Male m S. Harris, WSBA#4710 10 Attorneys for Plaintiff 11 12 13 14 15 16 17 18 19 20 21 22 23 COMPLAINT TO QUIET TITLE HARRIS,MERICLE&wAKAY ,PLLc TO VACATED STREETS -6 901E AVENUE, `100 24 SEATTLE,WASHINGTON say PHONE(206)621-1818 FAX(206)624-8560 1 F(► :` 2 C; 3 4 5 6 SUPERIOR COURT OF THE STATE OF WASHINGTON 7 FOR JEFFERSON COUNTY 8 GARY MIKELSON and MARY L. No. 14 0 1 7 5 MIKELSON, husband and wife; and 9 GORDON TAMURA, a single man 10 Plaintiff, SUMMONS vs. 11 JEFFERSON COUNTY 12 Defendant. 13 14 15 TO THE DEFENDANT: A lawsuit has been started against you in the above-entitled 16 court by the above-named Plaintiffs. Plaintiffs' claims are stated in the written Complaint, a 17 copy of which is served upon you with this Summons. 18 In order to defend against this lawsuit, you must respond to the Complaint by stating your 19 defense in writing, and by serving a copy upon the person signing this Summons within twenty 20 (20) days after the service of this Summons, or a default judgment may be entered against you 21 without notice. A default judgment is one where a Plaintiff is entitled to what has been asked for 22 23 SUMMONS - 1 HARRIS,MERICLE&WAKAYAMA,PLLC 901 FIFTH AVENUE,SUITE 41W 24 SEATI E,WASHINGTON 98164 PHONE(7D6)621-1818 PAX(206)624660 1 because the defendant has not responded. If you serve a Notice of Appearance on the 2 undersigned person, you are entitled to notice before a default judgment may be entered. 3 Any response or notice of appearance which you serve on any party to this lawsuit must 4 also be filed by you with the court within twenty (20) days after the service of summons, 5 excluding the day of service. 6 If the Plaintiff has not already filed this lawsuit with the court, you may demand that the 7 Plaintiff do so. Such a demand must be in writing and must be served upon the person signing 8 this Summons. Within fourteen (14) days after you serve the demand, the Plaintiff must file this 9 lawsuit with the court, or the service on you of this Summons and Complaint will be void. 10 If you wish to seek the advice of an attorney in this matter, you should do so promptly so 11 that your written response, if any, may be served on time. 12 All papers served on the Plaintiff should be served on Plaintiffs' attorney at his Seattle 13 office at the address below. 14 This Summons is issued pursuant to Rule 4 of the Superior Court Civil Rules of the State 15 of Washington. 16 DATED this 5th day of September, 2014. 17 HARRIS, MERICLE & WAKAYAMA, 901 Fifth Avenue, Suite 4100 18 Seattle, Washington 98164 (206) 621-1818 19 20 By Malcol S. Harris, WSBA#4710 21 Attorneys for Plaintiff 22 23 SUMMONS -2 HARRIS,MERIC1.R&WAKAYAMA,PLLC 901 FIFTH AVENUE,S J E 4100 24 SEATTLE,WAS-UNCroN 98164 PHONE( 621-1818 FAX( i)624ffi60 Parcel Details Page 1 of 2 . yg; ffrn County -lame County Info Departments e9 Parcel Number: 1945901201 SEARCH Parcel Number: 945901201 Printer Friendly Owner Mailing Address: GARY MIKELSON MARY L MIKELSON 393 FREDERICK ST PORT TOWNSEND WA98368-9757 Site Address: 393 FREDERICKS ST PORT TOWNSEND 98368 Section: 16 School District: Port Townsend (50) Qtr Section: SE1/4 Fire Dist: Chimacum (1) Township: 30N Tax Status: Taxable Range: 1W Tax Code: 0111 Planning area: Quimper (2) Sub Division: 9459 - COVE Assessor's Land Use Code: 1101 - Residential - MH W/Land Property Description: COVE ADDITION BLK 12 LOTS 1 THRU 8 Tax, AN, Sales, Photos, and Permit Data Bldg Data Map Parcel Plats &Surveys Septic Monitoring Info N' Jefferson County HOME I COUNTY INFO I DEPARTMENTS l SEARCH Best viewed with Microsoft Internet Explorer 6.0 or later Windows - Mac http://www.co.jefferson.wa.us/assessors/parcel/parceldetail.asp?Parcel_N0=945901201 9/22/2014 Parcel Details Page 2 of 2 http://www.coj efferson.wa.us/assessors/parcel/parceldetail.asp?Parcel_NO=945901201 9/22/2014 4 ON coc_ JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street, Port Townsend, WA 98368 I Web:www.co.lefferson.wa.us/communitydevelopment 4,:isyr Nc, o' Tel:360.379.4450 I Fax: 360.379.4451 I Email:dcdco.jefferson.wa.us SquareONE Resource Center I Building Permits & Inspections I Development Review I Long Range Planning January 12, 2014 To: Environmental Health Department From: JOEL PETERSON, DCD TRANSMITTAL This is a Lot Certification application. I am seeking comments from Environmental Health on any septic issues. A plan is included which was drafted by Mr. Mike Deeney. Thanks, Joel x457 Joel Peterson From: Joel Peterson Sent: Monday, January 12, 2015 2:46 PM To: Sherrie Shold; Pat Perryman Subject: Request Comment on Lot Certification Attachments: legal description from property valuation notice.pdf; Lot Certification Form.pdf; Lot Configuration Drawing.pdf; Master Permit Application.pdf; Partial Reconveyance Doc 586253.pdf; Partial Reconveyance Document.pdf; Stipulated Judgment Quieting Title.pdf Sherrie and Pat: I'm forwarding information from a Lot Consolidation permit application, submitted by Gary Mikelson. Mr. Mikelson has vacated portions of old platted right-of-way and is combining that with two lots of his property, to configure a buildable area for his daughter. I've attached what I believe are pertinent files for your review.There is documentation of the vacation, property description before/after, and supporting material. I'm new at this, so this is your opportunity to train me to do this just as you wish. Any feedback is appreciated. Joel Joel Peterson Associate Planner,Jefferson County Department of Community Development 621 Sheridan Street * Port Townsend,WA 98368 Phone 360-379-4457 * Fax 360-379-4451 jpeterson@co.jefferson.wa.us Jefferson County DCD Mission: To preserve and enhance the quality of life in Jefferson County by promoting a vibrant economy, sound communities and a healthy environment. All e-mail sent to this address will be received by the Jefferson County e-mail system and may be subject to Public Disclosure under Chapter 42.56 RCW SAVE PAPER - Please do not print this e-mail unless absolutely necessary 1 ., ,.$0.N'-'67-,..\\o StAILl - Iq' 4,iermik 6 JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT ti `� 621 Sheridan Street • Port Townsend •Washington 98368 & ''. 360/379-4450 • 360/379-4451 Fax A.0 www.co.jefferson.wa.us/commdevelopment Master Permit Application MLA: Project Description •nclude separate sheets as necessary): ° �` - % /iii ;v /437�%4 3.� 7`1 ' �1t' `"r' Tax Parcel Number: r1 L/'�' j e>r &C % Property Size: Al -16 -1.---- (acres/square feet) Site Address and/or Directions to Property: /. . -'( ,/ --s ( r Property Owner(s)of Record: a Lot ,v"/)1 ".' r 'Vi , / Telephone: t u .) ! 2 i L' 3 Fax: email:/ �ti�` ' 1 ,�7,j1 fL:C L". . Mailing Address: �'<-`° Applicant/Agent(if different from owner): Telephone: Fax: email: Mailing Address: What kind of Permit?(Check each box that applies ❑ Lot or Road Segregation Building ❑ Critical Areas Stewardship Plan ❑ Demolition Permit ❑Variance(Minor, Major or Reasonable Economic Use) tikSingle Family ❑Garage Attached/Detached ❑Conditional Use[C(a),C(d),or C] t5. Manufactured Home ❑ Modular ❑ Discretionary"D"or Unnamed Use Classification ❑ Commercial* ❑Special Use(Essential Public Facilities)** ❑ Change of Use ❑ Boundary Line Adjustment ❑ Address ❑ Road Approach ❑Short Plat** ❑ Home Business ❑Cottage Industry ❑ Binding Site Plan** ❑ Propane ❑ Long Plat** ❑Sign ❑ Planned Rural Residential Development(PRRD)/Amendments** ❑Allowed"Yes" Use Consistency Analysis ❑ Plat Vacation/Alteration** ❑Stormwater Management ❑Shoreline Master Program Exemption/Permit Revisions** ❑Site Plan Approval Advance Determination(SPAAD)* ❑Shoreline Management Substantial Development** ❑Temporary Use ❑Shoreline Management Variance ❑Wireless Telecommunication* ❑Comprehensive Plan/UDC/Land Use District Map Amendment ❑ Forest Practices Act/Release of Six-Year Moratorium ❑Jefferson County Shoreline Master Program Amendment *May require a Pre—Application Conference ❑Tree Vegetation Request **Requires a Pre-Application Conference Please identify any other local, state or federal permits required for this proposal, if known: -! /� E N ION OF AGENT I hereby designate ALA a ah .� 'i o act as my agent in matters relating to thi pplic•tion for permit(s). OWNER SIGNATURE '',AN1I '' Date: By signing this appli..tiorlform,th- .wner/agent attests that the information provided herein,and in any attachments,is true a • correct to the best of his,her or its knoyetedge.r Any material falsehood or any omission of a material fact made by the owner/agent with respect to this application packet may result in this permit,being null and void. I further agree to save,'it emnify and hold harmless Jefferson County against all liabilities,judgments,court costs,reasonable attorney's fees and expenses which May in ny ,. accrue against Jefferson County as a result of or in consequence of the granting of this permit. I further agree-to provide a. • and right of e rjr to Je fersO: County and its employees,representatives or agents for ;e so • purp.se of application review and any re fired la - spec o s. aff's cess and right of entry will be assumed unless the applicant info -the ou it in writing at the time of the'appli tion that, - sr she gin i ri. notice.. Signatur r i Date: Ili" The actioryor ac ions_Appl ca ' - dertak- as a result of the issuance of this permit may negatively impact us. one .r m• e threatened or endangered sp:cies and could lead to a potential"take"of an endangered species as those terms are defined in the federal I.w known as the "Endangered •ecies Act"or"ESA."Jefferson County makes no assurances to the applicant that the actions that will be undertaken because this permit has been issued will not viola the ESA. Any individual,group or agency can file a lawsuit on behalf of an endangered species regarding your action(s)even if you are in .ornpli ce with the Jefferson County development code.The Applicant acknowledges tat he she or it holds individual and non-tran erable rasp. b/lit or adhering t and complying with the ESA. The Applicant has read this isciajne r aid signs and dates it below. Date: / //t Signature / G:\PermitCbnfer\###FORMS###\DRD FORMS\Current DRD Forms\Master Permit Application 5-29-08.doc • BUILDER STATEMENT The signer of this state ,ent'saes bier¢by certify that they are the Owners of the parcel ref: enced erein,that they are not licensed contractors and that they will be assuming t 6r: p.rt$ipilily of the General Contractor for the proposed proje . r Signat e. I,� . Date: GENERAL Co TRACTOR OR MANUFACTURED HOME INSTALLER: PHONE: FAX: ( ) ( ) MAILING ADDRESS: EMAIL: CONTRACTOR'S LICENSE WAINS NUMBER: NUMBER ARCHITECT/ENGINEER: PHONE ( ) FAX:( ) MAILING ADDRESS: EMAIL Project Type: Frame Type: Bathrooms: Shoreline: Type of Sewage Disposal: New a Wood Existing: a Sewer ❑ Addition ❑ Steel Proposed: Bank E Community System ❑ Alteration/Remodel ❑ Concrete Total: Height: X Individual System ❑ Repair ❑ Masonry SEP Permit# ❑ Demolition ❑ Other: Bedrooms: Water Supply: Existing: Setback: I Private well ❑ Two Party Type of Heat: Proposed: - Public Total: Name of System: If this is a Commercial Project you must answer the following: Number of Parking Spaces: Current: Proposed: Number of ADA Parking Spaces: Number of occupants(includes owners,tenants,employees,etc) Current Proposed IBC Occupancy: IBC Type of construction: Will you have Food Service? Yes / No If this is a Propane Tank and/or Appliance Installation permit,mark all items below that apply: knaT dnuorg evobA knaT dnuorgrednU Size of Propane Tank: tresnl ecalperiF i evotsdooW i evotS kooC evotS taeH iehtO i evotS telleP knaT retaW toH Is this appliance being installed in a Manufactured/Mobile Home? Yes / No When applying for a permit to install a propane tank you must also submit a site plan showing all of the buildings,all property lines,tank location and size,distances from the propane tank to all property lines,buildings and septic system components, including the reserve area. Square Footage Current Proposed For Office Use Only Amount Revision Main Floor Heated EH Bld App Review: C,o 2"0 Floor Heated Consistency Review: 3C) SUIT' Other Heated Base fee: Mezzanine Additional Section: Heated Basement Plan Check fee: Unheated Basement I State Surcharge fee: O o Other Unheated Pot Water Review fee: Garage/Carport SUBTOTAL , nA Decks 911/Rd Approach fee: y Other TOTAL: $ •fi 7j Receipt Number: , 5 ) Cash/Check Number: ESTIMATED COST(REQUIRED) Date: *Fair market value of all labor and materials foundation to finish Initials: G:\PermitCentcr\###FORMS###\DRD FORMS\Current DRD Forms\Master Permit Application 5-29-08.doc ^ ` 9 � ---- - � I*,rp ------' | � � �� ����~x� � ���44��t�m \ ^ °� � � ° '- ---' - -- -� ---------- ' / i � n3 ��, ^ ^)/ t)g �^ � 7-~� / i-. ?' � /°2~ - ---------- ------------�7 0,- - ' ' 12-z-r- _ -- __- a ' ' ' -~~ - - 6 ~ - C/c;,-). -4 gir 11`# ' (1.5_ ,,e/l' it,1-4--04 -674-/ i f G77: f' "..i irt<-" ---- 13-1-€<„ 1Vd ,i)I 1-4 6-2.1 l' c:-- i` 4-71 ff� =_�_=__ ° _ `___�� ~__ _^ _ _ _� __ �� '-" __. °_-~~--__-___---____'_---_� ' . || .*~�`\ � __ _ ��"����.'_ edg-e-20,17-4., o~�.�~�-«�.w=��-__��/��^�- a))ozoc---Ti- tzr,p- ---)----/k-_-, ^~_~,~' ~ ~-'~ 4?2i*----°-"- ----- 1 1 1 ---' � _'- , ~ / (7 - IF // 0 e »lg-oi.~~7 . riy,ei_s1 - -�- _ ` ^x �/x+��� ------ ------- -- _ �� �-)�, �� � � �ZZ�' �~����� � ��.� �� __-___ , � ' ~~~� /~' I__� �_� ^/• ^ - ' -,,l---- -�---------------- 4 .1'''Ti‘ 4_'_____--___---_____-_ --'- ----+-- "" ,A,,o` ,{' ------ --- - ------ ----- -- wirwwwwwi • a • 1 FILED 2 20}4 OCT -6 PM 3: 22 3 lff�r. 4 5 6 SUPERIOR COURT OF THE STATE OF WASHINGTON 7 j FOR JEFFERSON COUNTY 8 GARY MIKELSON and MARY L. No 14-2-00175-3 MIKELSON,husband and wife; and 9 GORDON TAMURA, a single man Plaintiff, STIPULATED JUDGMENT 10 QUIETING TITLE VS. TO REAL PROPERTY 11 JEFFERSON COUNTY 12 , Defendant. 13 14 REAL PROPERTY JUDGMENT SUMMARY 15 Assessor's Parcel Numbers: 945 900 301 and 945 901 201 Legal Description of Property Awarded: Portions of the Rights-of-Way for Atlantic Ave. and 16 8th Street, in the Cove Addition,records of Jefferson County 17 Money Judgment: None 18 JUDGMENT 19 This matter having come on in open Court this date, upon the Stipulation among the 20 parties; and the Court being fully advised; it is 21 ORDERED, ADJUDGED AND DECREED that the plaintiffs Gary Mikelson and Mary 22 Mikelson,husband and wife, are hereby vested with title superior to that of the County in and to 23 .Mewa F a�wacAVAMA,r�uu c STIPULATION AND JUDGMENT QUIETING 901 MTh AVENUE,SurE4100 24 TITLE TO REAL PROPERTY -1 SEATTLE,WASHNG1ON98164 PHONE(206)621-1818 FAX(206)6248560 14 9 00 364 6 • S 1 the following portions of Atlantic Ave. and 8th Street in the Cove Addition Plat, located in 2 Jefferson County, State of Washington, which portions are hereby confirmed to have been 3 statutorily vacated by operation of law and which are legally described as follows: 4 (1) The East half of 8th Street lying adjacent to Lots 1 and 8, 5 6 Block 12, Cove Addition, as per plat recorded in Vol. 2 of Long Plats,page 27,records of Jefferson County;together with (2) The South half of Atlantic Ave. lying adjacent to Lots 1, 2, 3 and 4, Block 12, Cove Addition, as per plat recorded in Vol. 2 of 7 Long Plats,page 27,records of Jefferson County;together with 8 (3) The Property bounded by the following four lines: 9 (a) the centerline of Atlantic Ave., (b) the centerline of 8th Street, 10 ! (c) the northerly extension of the west boundary of Lot 1 of Block 12; and 11 (d) the westerly extension of the north boundary of Lot 1 of Block 12. 12 and that the County and the public generally do not claim and do not have any easements, 13 licenses, right of entry or any other legal or equitable interests whatsoever over the property 14 ' described above;and it is further 15 ORDERED ADJUDGED AND DECREED, that the plaintiff Gordon Tamura is hereby 16 vested with title superior to that of the County,in and to the following portions of Atlantic Ave. 17 and 8th Street in the Cove Addition Plat, located in Jefferson County, State of Washington, 18 which portions are hereby confirmed to have been statutorily vacated by operation of law and 19 which is legally described as follows: 20 (1) The East half of 8th Street lying adjacent to Lot 1, Block 3, 21 Cove Addition as per plat recorded in Vol. 2 of Long Plats,page 27, records of Jefferson County;together with 22 23 STIPULATION AND JUDGMENT QUIETING Hates,MERICLE&WAKAYAMA PLLC 801 FIFTH AVENUE,SUITE 4100 24 TITLE TO REAL PROPERTY -2 SEATTLE,wASITYVGToN8816a PHONE(zoo 621-1818 FAX(206)6248560 r, • • 1 (2) The North half of Atlantic Ave. lying adjacent to Lots 1, 2, 3 and 4, Block 3, Cove Addition, as per plat recorded in Vol. 2 of 2 Long Plats,page 27, records of Jefferson County;together with 3 (3) The Property bounded by the following four lines: 4 (a) the centerline of Atlantic Ave. (b) the centerline of 8th Street, 5 (c) the southerly extension of the west boundary of Lot 1 of Block 3; and 6 (d) the westerly extension of the south boundary of Lot 1 of Block 3. 7 and that the County and the public generally do not claim and do not have any easements, 8 licenses, right of entry or any other legal or equitable interests whatsoever over the property 9 described above; and it is further 10 ORDERED, ADJUDGED AND DECREED that Jefferson County has no claim or right 11 to the rights-of-way described above,because such claim and rights have been statutorily vacated 12 by entry of this Order and by the action of the Jefferson County Commissioners in their 13 Resolution No. 20-98 dated March 16, 1998, vacating that portion of the right-of-way known as 14 Atlantic Avenue located between the real property owned by Plaintiff Mikelson and the Plaintiff 15 Tamura. 16 ORDERED, ADJUDGED AND DECREED, that neither party is awarded costs in this 17 action. 18 /�., E i2/I-- DONE IN OPEN COURT this_SC7 day ofSepte ,2014. 19 20 / 21 Judge/ 22 23 STIPULATION AND JUDGMENT QUIETING HARRIS,MERICLE&WAKAYAMA,PLLC 901 FIFTFI avenue,surf 4100 24 TITLE TO REAL PROPERTY -3 SEArrLE,WASH1NGTON98164 PHONE(206)621.1818 FAX(206)8244560 11 21 Presented by: 3 HARRIS MERICLE &WAKAYAMA 4 '' 5 By: f` 6 Malco ■ S.Harris,WSBA#4710 Atto ey for Plaintiffs 7 Approved for Entry;Notice of Presentation Waived; 8 Copy Received 9 ` JEFFERSON COUNTY PROSECUTOR 10 11 1 By: Q.M1cL David Alvarez,WSBA#29194,Chief Civil DPA 12 Attorney for Defendant, Jefferson County 13 14 15 16 17 18 19 20 21 22 23 STIPULATION AND JUDGMENT QUIETING HARRIS,MERICLE&WAKAYAMA,PILC 901 FIFTH AVENUE,SUM 4100 24 TITLE TO REAL PROPERTY -4 SEATTLE,WASHINGTON 98164 PHONE(206)621-1818 FAX(206)624.8560 Il 1 ! FILED 2 2014 SEP -9 PM 2: 15 3 JEFFE S ,, 4 5 i 6 SUPERIOR COURT OF THE STATE OF WASHINGTON 7 ! FOR JEFFERSON COUNTY 8 ' GARY MIKELSON and MARY L. No. ' 4 MIKELSON, husband and wife; and 1 00 .175 9 I GORDON TAMURA, a single man Plaintiff, COMPLAINT TO QUIET TITLE 10 TO VACATED STREETS vs. 11 JEFFERSON COUNTY 12 Defendant. 13 14 Come now the Plaintiffs and for cause of action against the Defendant, allege as follows: 15 1. Plaintiffs Gary Mikelson and Mary L. Mikelson are residents of Jefferson County 16 and own real property described as follows: 17 i Lots 1 through 8, Block 12 in Cove Addition to the City of Port 18 Townsend, as per plat recorded in Volume 2 of Plats, on page 27, records of Jefferson County. (Jefferson County Tax Parcel Number 945 901 201) 19 j 2. Plaintiff Gordon Tamura is a resident of Jefferson County and owns real property 20 in Jefferson County legally described as: 21 Lots 1 through 4, Block 3, in Cove Addition to the City of Port Townsend, as per plat recorded in Volume 2 of Plats, on page 27, records of Jefferson 22 County. (Jefferson County Tax Parcel Number 945 900 301) 23 COMPLAINT TO QUIET TITLE HARRIS,MFRIQE&WAKAYAMA,PILC 901 FIFTH AVENUE,SUII841C0 24 TO VACATED STREETS - 1 SEATn$wASHINGPON98161 PHONE(206)621-1818 FAX( 621456o 1 3. Defendant Jefferson County is a municipal corporation under RCW Title 36,with 2 offices in Port Townsend, Washington. 3 4. This court has jurisdiction over the parties and the subject matter of this action, 4 : and is the proper venue for the bringing of this action, because the action seeks to quiet title to 5 real property in Jefferson County. 6 5. The Plat of Cove Addition(hereinafter"the Plat")is located outside the city limits 7 of Port Townsend and in Jefferson County. The Plat was recorded in the official records of 8 Jefferson County, Washington, on October 5, 1889, at Volume 2 of Long Plats, page 27, which 9 Plat included streets dedicated for public use. All properties affected by this case lie within the 10 Plat. A photocopy of the Plat is attached hereto as Exhibit"A" 11 6. As depicted in the Plat, a portion of the East Half of 8th Street lies adjacent to the 12 West side of Lots 1 and 8 of the Mikelson Property. A portion of the South Half of Atlantic Ave. 13 lies adjacent to the North side of Lots 1, 2, 3 and 4 of the Mikelson Property. Those portions of 14 8th Street and Atlantic Ave. were never opened for public use within the relevant time period as 15 discussed below. 16 7. As depicted in the Plat, a portion of the East Half of 8th Street lies adjacent to the 17 West side of Lot 1 of the Tamura Property. A portion of the North Half of Atlantic Ave. lies 18 adjacent to the South side of Lots 1, 2, 3 and 4 of the Tamura Property. Those portions of 8th 19 Street and Atlantic Ave. were never opened for public use within the relevant time period as 20 discussed below. 21 22 23 COMPLAINT TO QUIET TITLE HARM/41E1CM&WAKAYAMA,PILC 9E8 BETH AVENUE,SUMMOD 24 TO VACATED STREETS -2 SEATII$wASH�GPOdN98164 p 1-tea FAX(214 OM) 1 3. Defendant Jefferson County is a municipal corporation under RCW Title 36, with 2 offices in Port Townsend, Washington. 3 4. This court has jurisdiction over the parties and the subject matter of this action, 4 and is the proper venue for the bringing of this action, because the action seeks to quiet title to 5 real property in Jefferson County. 6 � 5. The Plat of Cove Addition(hereinafter"the Plat") is located outside the city limits 7 of Port Townsend and in Jefferson County. The Plat was recorded in the official records of 8 Jefferson County, Washington, on October 5, 1889, at Volume 2 of Long Plats, page 27, which 9 Plat included streets dedicated for public use. All properties affected by this case lie within the 10 Plat. A photocopy of the Plat is attached hereto as Exhibit"A" 11 6. As depicted in the Plat, a portion of the East Half of 8th Street lies adjacent to the 12 West side of Lots 1 and 8 of the Mikelson Property. A portion of the South Half of Atlantic Ave. 13 lies adjacent to the North side of Lots 1, 2, 3 and 4 of the Mikelson Property. Those portions of 14 8th Street and Atlantic Ave. were never opened for public use within the relevant time period as 15 discussed below. 16 7. As depicted in the Plat, a portion of the East Half of 8th Street lies adjacent to the 17 West side of Lot 1 of the Tamura Property. A portion of the North Half of Atlantic Ave. lies 18 adjacent to the South side of Lots 1, 2, 3 and 4 of the Tamura Property. Those portions of 8th 19 Street and Atlantic Ave. were never opened for public use within the relevant time period as 20 discussed below. 21 22 23 COMPLAINT TO QUIET TITLE HARRIEt,MERIQE&WAKAYAMA,P[LC 901 HRH TO VACATED STREETS -2 AVENUE, 8101 24 srn�s wngss PHONE(20S)al-181s MX(206)6244E60 1 8. From 1889 and thereafter until 1909, there was in effect a statute of the laws of 2 the State of Washington, adopted under Sec. 32, Chapter 19, Laws of 1889-90, which read as 3 follows: 4 I Any county road, or part thereof, which has heretofore been or may hereafter be authorized, which remains unopened for public use for the 5 space of five years after the order is made or authority granted for the opening of same, shall be and the same is hereby vacated, and the 6 authority for building the same barred by lapse of time. 7 9. The effect of that statute was to bar any interest of the public in any County Road, 8 street or right of way, shown on a Plat, which had not been developed for a period of five years 9 after the recording of the Plat. At all relevant times, the Cove Addition Plat has been a County 10 Plat, and not a portion of any incorporated City. 11 10. By operation of law, any interest which the public may have had in those portions 12 i of the streets described above in the Cove Addition Plat was fully vacated on or about October 5, 13 1894, because, as of that date, the five year period in the statute had elapsed and the streets had 14 not been opened, developed, improved or actually used as a public right of way. 15 11. Upon statutory vacation of platted streets, said public rights of way revert to the 16 ownership of adjacent landowners. 17 12. Plaintiffs Gary and Mary Mikelson are entitled to an Order of this Court, quieting 18 title and declaring that they own in fee simple the following property: 19 (1) The East half of 8th Street lying adjacent to Lots 1 and 8, 20 Block 12, Cove Addition as per plat recorded in Vol. 2 of Long Plats, page 27, records of Jefferson County; together with 21 (2) The South half of Atlantic Ave. lying adjacent to Lots 1, 2, 22 3 and 4, Block 12, Cove Addition, as per plat recorded in Vol. 2 of Long Plats,page 27, records of Jefferson County;together with 23 COMPLAINT TO QUIET TITLE HARRIS,NIfiRiCZE 6s WAKAYAMA,PLLC 901 FHFIH AVENUE,SUITE 4160 24 TO VACATED STREETS -3 SEATII$WA i9916I PHONE(zoo 621-1818 FAX{ 67A-ffi61 1 (3) The Property bounded by the following four lines: 2 i' (a) the centerline of Atlantic Ave. 3 (b) the centerline of 8th Street, (c) the northerly extension of the west boundary of Lot 4 } 1 of Block 12; and (d) the westerly extension of the north boundary of Lot 5 1 of Block 12. 6 and that their title to said property is free and clear of any easements, licenses, right of entry or 7 any other legal or equitable interests whatsoever by Jefferson County or by the public generally. 8 13. Plaintiff Gordon Tamura is entitled to an Order of this Court, quieting title and 9 declaring that he owns in fee simple the following property: 10 (1) The East half of 8th Street lying adjacent to Lot 1, Block 3, Cove Addition as per plat recorded in Vol. 2 of Long Plats, page 27, 11 records of Jefferson County; together with 12 (2) The North half of Atlantic Ave. lying adjacent to Lots 1, 2, 3 and 4, Block 3, Cove Addition, as per plat recorded in Vol. 2 of 13 Long Plats,page 27,records of Jefferson County,together with 14 (3) The Property bounded by the following four lines: 15 (a) the centerline of Atlantic Ave. (b) the centerline of 8th Street, 16 (c) the southerly extension of the west boundary of Lot 1 of Block 3; and 17 (d) the westerly extension of the south boundary of Lot 1 of Block 3. 18 19 and that his title to said property is free and clear of any easements, licenses, right of entry or any 20 other legal or equitable interests whatsoever by Jefferson County or by the public generally. 21 22 23 COMPLAINT TO QUIET TITLE HARRIS,MERICLE&WAKAYAMA,PLLC TO VACATED STREETS -4 SEATTLE,WASHINGTON x'104 24 SEATTLE,w�mvcnoN�s1� PHONE(Ind 6Z1-1818 { FAX{2116}b 1 WHEREFORE,plaintiffs pray for judgment as follows: 2 A. For an Order of this Court and Declaratory Judgment, quieting title t o Gary and 3 Mary Mikelson to the following property: 4 ' (1) The East half of 8th Street lying adjacent to Lots 1 and 8, Block 12, Cove Addition as per plat recorded in Vol. 2 of Long 5 Plats,page 27, records of Jefferson County;together with 6 (2) The South half of 8th Street lying adjacent to Lots 1, 2, 3 and 4, Block 12, Cove Addition, as per plat recorded in Vol. 2 of 7 Long Plats, page 27, records of Jefferson County,together with 8 (3) The Property bounded by the following four lines: 9 (a) the centerline of Atlantic Ave. (b) the centerline of 8th Street, 10 (c) the northerly extension of the west boundary of Lot 1 of Block 12; and 11 (d) the westerly extension of the north boundary of Lot 1 of Block 12. 12 and declaring that the Gary and Mary Mikelson's title to said properties is free and clear of any 13 easements, licenses, right of entry or any other legal or equitable interests whatsoever by 14 Jefferson County or by the public generally. 15 B. For an Order of this Court and Declaratory Judgment, quieting title to Gordon 16 Tamura to the following property: 17 (1) The East half of 8th Street lying adjacent to Lot 1, Block 3, 18 Cove Addition as per plat recorded in Vol. 2 of Long Plats,page 27, records of Jefferson County; together with 19 (2) The North half of Atlantic Ave. lying adjacent to Lots 1, 2, 20 3 and 4, Block 3, Cove Addition, as per plat recorded in Vol. 2 of Long Plats,page 27, records of Jefferson County,together with 21 (3) The Property bounded by the following four lines: 22 (a) the centerline of Atlantic Ave. 23 COMPLAINT TO QUIET TITLE HARRIS,MERICLE&WAKAYAMA,P LC 901 TO VACATED STREETS -5 F A�V[�SUITE 4100 24 SEA WASHINGTON MU PHONE(216) 1818 { FAX(20E)624 1 (b) the centerline of 8th Street, (c) the southerly extension of the west boundary of Lot 2 i 1 of Block 3; and (d) the westerly extension of the south boundary of Lot 3 1 of Block 3. 4 C. For such other and further relief as the Court shall deem equitable in the premises. 5 Dated this 5th day of September, 2014. 6 7 HARRIS, MERICLE & WAKAYAMA 8 9 By Male, S. Harris, WSBA#4710 10 Attorneys for Plaintiff 11 12 13 14 15 16 17 18 19 20 21 22 23 I COMPLAINT TO QUIET TITLE HARRIS,MERICLE&WAKAYAMA,PLL.0 901 HRH 24 TO VACATED STREETS -6 $, 61 PHONE(206)(01-1818 FAX CM) V4 '.5-; .,. i 4-i2.,...i.r '.5-; I if i / Ii ,,.,.... .,-... ---- 'v,,--- . ' CM, . r .... , . ),) .,. , r . , .-...-"- '' /77 7:, ,e," ,,,," i Ayr • ,--7 ' ' ':. ,.... . ......,1_.._ Ili i, - ' I ..: ..,, .,.. .. i , -•„:,..%, 4-, ,.,.. .... , I/ ,Irtiit: ' . . ..,....., '-• 1 t ' ' IN, t,,, r i \ J I . , I , 7 - 1 1 : 7 i ',,It •-•.:2,,.7. / 1 ,, , .4. `‘ ,-'11 N ''''' 44',44 , 4 / ....„ ,...- i 1 . ' ' ' t .., 1 , - - 1 ,...1 1 / p.„,.., , ...,.. 44 -, -- ,„ tr 1 ,- J \ i -.4- ,z, 1 i I kt-' „,„,,- 11 i N,...1::, , , 4,,,,,i ,:y,. 1 ; ,-:::::. ;•1 ' ; ' i \ / t .,.-..;;..; u ,..... ; / ;. . ,..'t / ,. ti If 1 1 1 ! 1 . I ,.„ 1 / i 1 -.,- z.'.: K i ____ ,.... L --) . , ....- ...- , ,------ - r am. # 7747---kt: .(,,," ' —1 LIC- 1 0 1 2-0 1 -3 ci 77), T--r--77-71,i1 l'k, i e 45: , 1 '''44, y �n -W.,fe ;. .. -,...t �t". ,;tip" , a, S { ? 1 € 3 3 3 f T .: 3 ..a 111 P i 1 3 3 8 _ pew _ 4 , } I I r 3 ${¢ 2 yI 3443 3 t 1 d 1 ,,y 4 x ` i e ,--I . A).. ..■-t/i.) ti4.42C,-Ac-t'' -4;; r-1 i,ffi '-',----4 --,. ..... ..1,0 I 1 . •:.; ., ,----, -- i , .. : 1 i . . „ 1 . ,,.....,, ..„...,.... ... .................... .......,0.....................r.......ma,omn.w.t.\....,\A..,..11 r.....,-,.......\\............., "' . 1 ,...... ? . 1 $11 ' ''''''':''''..;•:--, I fs,\., ‘1 • I g ,• ,., ,.. , ,,,c•g. ,.:. 1 ,,,,,-----, 1 . -•.\ 1 I I ' • 1 . , . , , „ r a' tl 1 ' ■ ' ' 1 ,. k . 1 i •,,,,- r ': .... Please read any enclosures for soy more assessment information PROPERTY VALUATION NOTICE z�4 °� This value supersedes any prior notification ' " Assessment Year: 2014 ` �/` For Taxes Due In: 2015 y�fu��/ Parcel Number: 945901201 Parcel ID:26705 Tax Area: 0111 DATE: 11/17/2014 Legal Description: COVE ADDITION BLK 12 LOTS 1 -8& QTA PTN 8TH ST AND ATLANTIC AVE ADJ Situs Address: 393 FREDERICKS ST PORT TOWNSEND WA 98368 PLEASE READ REVERSE SIDE FOR INFORMATION REGARDING YOUR (Please notify us if your property or mailing address is incorrect) PROPERTY ADDRESS AND IMPORTANT TAX RELIEF PROGRAMS. JEFFERSON COUNTY ASSESSOR PO BOX 1220 1820 JEFFERSON ST GARY MIKELSON PORT TOWNSEND WA 98368 MARY L MIKELSON 393 FREDERICK ST PORT TOWNSEND WA 98368-9757 Description Previous Value New Value 1.MARKET VALUATION OF REAL PROPERTY. Real Land: $49,900 Land: $49,900 property is land and any buildings valued as structures including commercial,multiplexes, Buildings: $57,877 Buildings: $57,877 condominiums,manufactured homes,outbuildings, Total: $107,777 Total: $107,777 and other structures. Acres: 0.9 Acres: 1.2 2.VALUATION OF REAL PROPERTY IN THE CURRENT Land: Land: USE OR DESIGNATED FOREST LAND PROGRAM. As -CU/Desig: -CU/Desig: an owner of approved Current Use(farm and agriculture, open space,or timber land)or Designated Forest Land, -Fair Market. Fair Market: you have signed an agreement with the county whereby a portion of your property taxes are deferred in exchange for Buildings: Buildings: having the use of the property remain as agreed. Total: Total: 3.VALUATION OF REAL PROPERTY IN THE SENIOR CITIZENS AND DISABLED PERSON'S EXEMPTION Frozen: Frozen: PROGRAM. The value of your residence and up to one Non Exempt: Non Exempt: acre of land(or up to five acres per zoning)has been frozen as of January 1 of the application year_ We will continue to establish the market value of your property. 4.SENIOR OR DISABLED PERSON'S QUALIFYING INCOME INDICATING REDUCTION OF FROZEN VALUE. A: 1:1 B: ❑ C: ❑ A: 1:1 B: ❑ C: ❑ A 60%or$60,000,whichever is greater+EESL Frozen Reduced: Frozen Reduced: B 35%or$50,000,whichever is greater not to exceed$70,000+EESL Frozen Taxable: Frozen Taxable: $0 Taxable Value $107,777 $107,777 NOTICE: Beginning January 1,2014,all property is Appeal Process: To preserve your appeal rights or appeal being revalued on an annual basis rather than on a your value, a petition form MUST be filed with the Board of four year cycle. Equalization within 30 days from the date this notice was mailed. Call the BOE at(360) 385-9100 for further If you believe that the new value is substantially incorrect information or to have the form mailed to you. compared to your estimate of market value,or if you have questions on the new annual revaluation Please visit our web site at www.co.jefferson.wa.us. methodology,please contact the Assessor's Office for information between 8:30 AM and 4:30 PM at(360) 385-9105. Thank You, Jeff Chapman,Assessor co z a ........g V 5'- 1— 88 ....02:. - . _L7,, .... r .." ! 1V,R Zd § 3,7; EB*41? ,,,,,,....... i g <,',s,g 4 li'2 tm. sr y . urr, v..)-. a G L. W Wi' 111"41■4 i 1 m Z 0 1 AIN t4'';'3 q28 1 C210 M 4, O ''' f .,8g 6A tiS4 ii 8i „V 24 , /;: g C:11 p' ia`.1 ;1 11•• se..7' NI t.k E'e. 4 ...A ,E1 Ag Oa, 4.%,...,,,,--- -..• . ..,.. a‘ 774 04:41,-, R N.4. --, T'..... ;got:-, g @w 9 , 1 01 — , ?2 . , i 1- 4=vt.i2x1 " " ,, -.}. gkrg I g , -—4 i g _ 1 — 1 -tAt4 t ,...., I L__ _ cx --,.- 4. .. ' - z ig1.4 Ct _ 8 N gi tikk- ,..:-,'r,' t4 1 1 % ... Zg',L1kt4: 0 t ■ I.t. , _ a " _ 1 _._ LO 1 'A ----11 I H I § g I -. , ' ..-.1 Ma _ -r,,t ' _ IQ r----- 1 1---- 1 I I I I I r 1 1 1 , Fir ,1:14, f- I-- r \.,;-- - a. A, , -, - - . ..:. i . v Z ce 0 f I i § 1-.P--; i c4E Y-'-' 1---- ....._ , , 2 1 -L-Vi ' 11_1_ LliT iii r ,i1 1 z iTL, — t4" Li , .....7, 4,-,..r,N, 1----7- , i if ri 1 ,., , ,:. al :' 0— -r..11/4,_., .--i § , , 1 g 1--- ' I , , i , __ , 1 -,-, 11 --1,4,#::,-- -- - J I I ' ' i 4 ! 1 1--- -- 7.* ' I I I 1 / i , Jil 1 I 1-11 i jii I 4, , .,,„, g 1--- -. _ ) : § 1 i 1 LT ___i 1 1 r 1 -. „oar „ -,... -... .... ._.- e % ,1 _ v -.--0( ki 1@ - U,o r-----N-T '-' ' 7— c■ i .1 a v.,,,A7 ,t,ittveri. "gi p - ,---i,. _1 1 ' 0 4 _ .=. R° l , 'f. .-— 1 1 1171-:!c____Iljt1011 !Tit I 1 [11—1 fril",,tn '1.: T' I -i , Li---i _...., , i i 1 ii 2 I i ! 1 7..i.-----T--- ,....... Lai igt_ _41J 2 . k . 1 4 .. Ir-------7------ i°`-•-iLljil---Z- IL i - - "-F1 111 . ' liti; &I i II i 1 i F-1------11 i ( ;-i 1 i-------, ----- -jEJ qiiibili ,i-l's :---5 teas_ ,,, . Rol i 1 i ! – – '1 J 1--r---, - r------- Ifilis fl li 1 . ,j t p- ah - -;la V t i ,i 1„ -14 7--,0 ,171, r--i 1 i---r, lff-T-t-711-1- 1 IA li! ilil Ja g zt .-i ii st 1 a i 1--... .--,j t I i Itti 1 1 la :-..\\ tg0 _ig a -�4 1 of t.CO 1 ti' — �v.t v T_ ! 133a1S_Hit a a; zpg h W .-1,3 — 3.li,SFP!N fil ?t X off' or W ��►! el I �,, , � i' —I— - - - - t �;1 4,, gym I ;a ,f7 a W W If, T` t , ill!ii, 1"• f ,.:„;..„„,,„:,.. .. , , , ,, /op . ..„..„ .._„„;. ,, , , , .., . / , , , , , r `y r-_1-- =-,t- — — .r lt \ ) ` _ ' — '1 111_ i i�! 7 �� ..+ e.'- WQ u fie 4. oo ax — . �_ �ryry) O ' �" sv as 133�J1S H18 — ' CC o _ , CL Li Q. g W !!! 1 $moo ;22 1 tli x li(die ~ 2 $�� a2ng:',2 2 "' _ N w ¢ uT �i O pp ° 4 4 F�4 a ;'' 9 N V- yZ 7a ff y V _N W ‘g a z w gi.5 .50SK,� ! r fllff S 2 \ 9-It ` a i o v`W$ d ', 8K I' !! i ! Q ua a c7�si � o 3a•:) 03.x,: '$.N2 -,`' t ._, No 1 p,), ,ii s:ti Z-'-=',17,i ♦ 1 SS0 O q Q � : 1 rn -- 2 lyr`o$ R 1'°" 0 ® aE 1 X1134 1 00 ' Y orz a hrF .„-n h 1 le°1 k' I 1 It i . QQ qx yg2 `d x ,fh a 9Y u� . 1.,,,,.:,;„-..0,::: * o� Y s i f yYd . ," l \� 7 ` — / / r.f: I r ,r ? t 4g / az / / 1 . / I ` fir , , t } Ig ,t c• ct 'ill p g 7c y �- / ;T I I I r , rp / I / , ' 4p- �- I , ' ,/ / l f x - ` ' ' r I_ ) y' '*' — fr- i , F " J 4, ,Ay I W ww�—J -"j-'''''' § ..--.71,_ �� t ' q 1 I ' AY 1\Q 093 "4\CP 1- ' 7- / - x A :77;*- ;;77":"'''- -''.-- ;4: n^-"" § � �‘' .4t g „e/P-Ili: ,i6: F•4 `4- 1 !...-:-, vgt 1p, 1b. Parcel Details Page 1 of 2 ( ; Jefferson County , mt. '1/2"."17;7T-7-2 Home County Info Departments Search Parcel Number: 945901201 SEARCH Parcel Number: 945901201 Printer Friendly Owner Mailing Address: GARY MIKELSON MARY L MI L�1 1 I _ S 393 FREDERICK RICK S T � (`./l 2 PORT TOWNSEND WA98368-9757 Site Address: 393 FREDERICKS ST PORT TOWNSEND 98368 Section: 16 School District: Port Townsend (50) Qtr Section: SE1/4 Fire Dist: Chimacum (1) Township: 30N Tax Status: Taxable Range: 1W Tax Code: 0111 Planning area: Quimper (2) Sub Division: 9459 - COVE Assessor's Land Use Code: 1101 - Residential - MH W/Land Property Description: COVE ADDITION BLK 12 LOTS 1 -8 & QTA PTN 8TH ST AND ATLANTIC AVE ADJ Tax,A/V, Sales, Photos,and Permit Data Bldg Data Map Parcel Mats&Surveys Se.tic Monitorin. Info Jefferson County , HOME I COUNTY INFO I DEPARTMENTS I SEARCH Best viewed with Microsoft Internet Explorer 6.0 or later Windows- Mac http://www.co.j efferson.wa.us/assessors/parcel/parceldetail.asp?Parcel_NO=945901201 11/21/2014 Cases Associated with a Parcel Page 1 of 2 = 'r i Jefferson CounCounty Nifor- Home County Info Departments Search rr Cases Associated with Parcel No: 949901201 This may not be a complete listing of information that exists for this parcel. There may be other information pertinent to the property on file. Please contact the Department of Community Development for additional information. Case Number CAM14-00588 Description Attorney inquiring on behalf of property owner. Owner would like to gift 1 parcel as two lots. Last Name HARRIS Received Date 10/30/2014 11:13:55 AM No Images Case Number CAM14-00537 Description How to proceed with gifting 2 lots Last Name MIKELSON Received Date 9/22/2014 3:22:12 PM No Images Case Number CAM14-00492 Description wants to vacate road that was platted prior to 1904. Last Name MIKELSON Received Date 8/27/2014 4:14:19 PM No Images Case Number ZONO1-00072 Description Home Business and Sign Last Name MIKELSON Received Date 12/14/2001 No Images Case Number BLD01-00591 Description DETACHED GARAGE Last Name ARTHUR Received Date 10/16/2001 No Images http://www.co.j efferson.wa.us/commdevelopment/ppquery/cm.asp?value=945901201 11/21/2014 Cases Associated with a Parcel Page 2 of 2 Case Number SOM00-00183 Description Last Name MIKELSON Received Date 12/28/2000 No Images Case Number BLD00-00503 Description MANUFACTURED HOME INSTALLATION Last Name ARTHUR Received Date 8/1/2000 11:10:24 AM No Images Case Number CAR00-00343 Description 110 -conventional trench sep00-183 bldg permit for manufactured home installation bld00-503 Last Name ARTHUR Received Date 8/1/2000 Images Case Number SEP00-00183 Description lots 1-8, blk 12 Last Name ARTHUR Received Date 8/1/2000 Images Jefferson County HOME I COUNTY INFO I DEPARTMENTS I SEARCH Best viewed with Microsoft Internet Explorer 6.0 or later Windows - Mac http://www.co.j efferson.wa.us/commdevelopment/ppquery/cm.asp?value=945901201 11/21/2014 HARRIS, MERICLE & WAKAYAMA A Professional Limited Liability Company A T T O R N E Y S A T L A W 901 FIFTH AVENUE,SUITE 4100 Port Townsend Office MALCOLM S.HARRIS SEA'I LE,WASHINGTON 98164 211 TAYLOR STREET,SUITE 404-B E-mail:mharris @hmwlaw.com FAX(206)624-8560 PORT TOWNSEND,WASHINGTON 98368 (206)621-1818 FAX(360)379-9378 (360)379-9377 November 7, 2014 Mr. Gary Mikelson 393 Frederick Street Port Townsend, WA 98368 Re: Legal Descriptions for the two parcels Dear Gary: Here are the new legal descriptions for both properties, including the vacated street areas. As soon as they assign a new parcel number for Laura's property, please send it to me and we can finish the Deed and then transfer the property to her. I will prepare the easement to Mr. Tamura and will have that ready for you shortly. Very truly yours, HARRIS MERICLE & WAKAYAMA / /alcolm S. Harris Legal Description of new parcel: Lots 1 and 8, in Block 12 of Cove Addition to the City of Port Townsend, as per plat recorded in Volume 2 of Plats, on page 27, records of Jefferson County, Washington; Together with those portions of vacated Atlantic Avenue and 8th Street which lie between the boundaries of said Lots 1 and 8 and the centerline of said roadways, as depicted in the said Plat, as vacated by Jefferson County pursuant to the "Stipulated Judgment Quieting Title to Real Property" entered under Jefferson County Cause No. 14-2-00175-3, dated October 6, 2014. Revised Legal Description of Parcel No. 945 901 201 after creation of the new parcel described above: Lots 2 through 7, inclusive, in Block 12 of Cove Addition to the City of Port Townsend, as per plat recorded in Volume 2 of Plats, on page 27,records of Jefferson County, Washington; Together with that portion of vacated Atlantic Avenue which lies between the northern boundaries of Lots 2, 3, and 4 and the centerline of Atlantic Avenue, as depicted in the said Plat, as vacated by Jefferson County pursuant to the "Stipulated Judgment Quieting Title to Real Property" entered under Jefferson County Cause No. 14-2-00175-3, dated October 6, 2014. 586253 PGS : 2 RCP 09!1612014 03:26 PM $73.00 JEFFERSON TITLE CO INC Jefferson County WA�lll Auditor's Auditor EM �II VIIAL1061 f EZ.+11N � 1I II I When Recorded Return to Gary Mikelson 393 Frederick Street Port Townsend VA 98368 Prepared by: Jefferson Title Ccmpany,Inc. Recon No: 14055 Order No. : Reference No. : PARTIAL RECONVEYANCE The undersigned as trustee under that certain Deed of Trust, described as follows: Dated : October 12, 2001 Recorded : October 22, 2001 Auditor's File No. : 448796 Volume Page : County of : Jefferson State of : Washington Grantor : Gary Mikelson and Mary L. Mikelson, husband and wife Beneficiary : Julian L. Arthur and Susan K. Arthur, husband and wife having received from the beneficiary under said Deed of Trust a written request to reconvey a portion of the real property described in said deed, does hereby reconvey, without warranty, to the person(s) entitled thereto the right, title and interest now held by said Trustee in and to that portion of the real property described in said Deed of Trust, situated in AS MEM ATTACHED Brief Legal: 1 & 8, Blk. 12, Cove Addition Tax Parcel No: 945 901 201 Dated: September 16, 2014 Jefferson Title Comipany, Inc. (Trustee) BY. \?: ig41 rt, Authorized Signatory STATE OF Washington } COUNTY OF Jefferson } I certify that I know or have satisfactory evidence that Susan Braids the person who appeared before me, and said person acknowledged that heshO was authorized to execute the instrument and acknowledged it as Authoriz Signatory of Jefferson Title et. •- , Inc. the free and voluntary act of such party for the uses and • .•s- menti.•.-• -• the instrument. ��i ON#lHll/11/�� 'r� �t � td►ENT4�,". NO _ . • -IA for the State of Washington (je '�"A a -Si. • = r. ownsend _ •►•� urn: z My appointment expires February 13, 2018 0$ 4(/BL1G = Reconveyance No: 14055 LEGAL DESCRIPTION Partial Reconveyance of 448796: Lots 1 and 8, Block 12, Cove Addition to the City of Port Townsend, as per plat recorded in Voles 2 of Plats, page 27, records of Jefferson County, Washington. Situate in the County of Jefferson, State of Washington. r S UDC CONSISTENCY REVIEW Project Planner: Master#MLA14-00102 Review Type Project Description SUB14-00019 LOT CERTIFICATION Primary: GARY MIKELSON Site Address: MARY L MIKELSON 393 FREDRICKS ST 393 FREDERICK ST PORT TOWNSEND WA, 98368 PORT TOWNSEND WA 98368-9757 Project Location: PAR L# 549 901-201 COVE A ON BLK 12 LOTS 1 -8 &QTA PTN 8TH ST AND ATLANTIC AVE ADJ Parcel Number: 945901201 S-T-R: 16-30N-1W Total Acreage 1 Legal Description COVE ADDITION BLK 12 LOTS 1 -8 &QTA PTN 8TH ST Land Use: 1101 AND ATLANTIC AVE ADJ Flood District: Fire District: 1 Planning Area: 2 Flood Map(FIRM)Panel No: chool D 50 Zoning: R' /:5- COMP PLAN DESIGNATION: COMMUNITY PLAN: UGA: UGA Trans 'IN] Plot plan states "property line" Assessor's Map (Property lines on submitted plot plan must match the pnperty lines as identified on theAssessor's 1/4 map) [�] Legal Access to Property NO -[\] Parcel Tags or Scanned Documents YES CAD N] ESA's: Special Reports Nearby YES [N Designated Ag YES N] Shoreline Designation:'s [`\] Shoreline Slope Stability: - 14l _ /a ` Stream Type:YES �' ,2 t 01, FWHCA: YES W.) Wetlands: YES L Rare Plants:YES at5' Seismic: YES Landslide:(Neu NO S yh+ Flood: YES 40) Erosion: YES c:V�� Aquifer Recharge Arealla, NO S US L SIPZ: if.th ) At Risk High Risk Coastal CMZ: one High Risk Moderate RiskDisconnected CMZ Stormwater site plan submitted: YesNo [,__] Forest Lands: YES Adjoining Forest Lands: Commercial/ Rural/ Inholding Mineral Lands: YES [ ] Agricultural Lands: YES Q T] Archaeology: YES Z0 ] No Shooting Zone: YES J Stormwater: New Impervious Surface Land Disturbing Activity ESA's Stormwater Req's:Min Req#2 Min Req#1 thru#5 Min Re #1 thru#10 Engineering ieX /f5-13 40q CnC ^ je9 3 e )2/7? ..24444 ".416. "`Oyf.z.c_Z- /r141) Jo X qD !da �, [ ] Notice Provisions/Disclosure:Airport YES r NO 3 MRL YES NO Forest Lands YES NO [ ] Landscaping Required: Yes No [ ] Parking Spaces Required NO 2 Other I- 1 Building Height: 35' UBC Standard [ Impervious Surface coverage percentage: Resource Lands&Public: 10% Rural Residential: 25% Rural Industrial: Per UDC Sec 6.7 Rural Commercial: 60% Area of Building Coverage:60%in Rural Industrial Lands only [ ] Total Building(s) Size: RVC:20,000 SF CC:5,000 SF NC:7,500 SF GC: 10,000 SF All others:subject to septic&water constraints/None specified [ ] Setbacks: Front: Left Side: Right Side: Rear: Shoreline Setback: LSHA Setback: [ ] Road Classification: Road Approach: EXISTING NOT REQ'D RAP [ ] SEPA Required: YES 5 [ ] Flood Certificate: [ ] Existing Case(s)&Condition(s): Violations: Yes No [ ] Recorded Date of Subdivision: AFN Over 5yrs=UDC Plat Conditions: <5yrs=Plat Conditions on plat or Old Ordinance [ ] Lots/Require Declaration of Restrictive Covenant YES NO, submitted: YES NO [ ] UGA No Protest Agreement YES NO, submitted: YES NO [' ] Site Visit conducted YES 10 [ ] Require Final Zoning Approval • S NO [ I ] ADMIN: Setbacks entered in Permit Plan c YES New Parcel Tags entered in Permit Plan / YES Special Reports Scanned ic2 YES No parcel tags found for parcel Associated CASES status issued finaled description 945901201 CAM 14-00492 M 10/14/2014 wants to vacate road that was platted prior to 1904. CAM14-00537 M 10/10/2014 How to proceed with gifting2 lots CAM 14-00588 M 11/3/2014 Attorney inquiring on behalf of property owner Owner would like to gift 1 parcel as two lots. MLA01-00531 BLD01-00591 F 10/29/2001 1/3/2002 DETACHED GARAGE MLA01-00605 ZON01-00072 F 1/7/2002 1/3/2003 Home Business and Sign MLA14-00102 SUB14-00019 P LOT CERTIFICATION SOM00-00183 F PRJ00-00181 P CAR00-00343 F 8/8/2000 8/8/2000 110-conventional trench sep00-183 bldg permit for manufactured home installation bld)0-503 SEP00-00183 F 11/21/2000 12/28/2000 lots 1-8,blk 12 BLD00-00503 F 11/29/2000 8/16/2001 MANUFACTURED HOME INSTALLATION DEVELOPMENT REVIEW TIME SHEET GARY MIKELSON MLA14-00102 Date Time Comments \\tidemark\data\forms\R_MLT_Case_CRMLA.rpt January 12,2015