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HomeMy WebLinkAboutSUB2014-00014 JEFFERSON COUNTY NOTICE OF TYPE I LAND USE DECISION May 6, 2015 The Jefferson County Administrator has submitted his written Findings, Conclusions, and DECISION regarding the following application: MLA14-00088 Applicant: LEON V VOETBERG Parcel: 502104006 MARIDEL V VOETBERG 214 WIDGEON HILL RD CHEHALIS WA 98532 Project Description: Boundary line adjustment between parcel numbers 502104023 and 502104006. Project Location: Parcel Numbers: 502 104 023 and 502 104 006; Section: 10, Township: 25, Range: 2W; Site Addresses: 308766 and 308713 Highway 101, Brinnon, WA 98320. For the above project, the Administrator has: Denied the Application A copy of the Administrator's report and decision is attached for information. Appeals of this decision must be made as outlined in the attached instruction sheet. Judicial Appeals: a. Time to File Judicial Appeal. The applicant or any aggrieved party may appeal from the final decision of the Administrator, Hearing Examiner, Appellate Hearing Examiner or any other final decisions as specifically authorized to the Jefferson County Superior Court within twenty-one (21) calendar days of the date of the issuance of the land use decision, as defined by the Land Use Petition Act, Chapter 36.70C.040(4), unless another time period is established by superseding state law or local ordinance. All appellants must timely exhaust all administrative remedies prior to filing a judicial appeal. b. Service of Appeal. Notice of appeal and any other pleadings required to be filed with the court shall be served by delivery to the County Auditor (see RCW 4.28.080), and all persons identified in RCW 36.70C.040, within the applicable time period. This requirement is jurisdictional. c. Cost of Appeal. The appellant shall be responsible for the cost of transcribing and preparing all records ordered certified by the court or desired by the appellant for the appeal. Prior to the preparation of any records, the appellant shall post an advance fee deposit in an amount specified by the County Auditor with the County Auditor. Any overage will be promptly returned to the appellant. d. Land Use Petition Act. The Land Use Petition Act, 36.70C RCW shall govern judicial review of land use decisions. \\tidemark\data\forms\F_MLT_Dec_Ntc_Denial.rpt 5/6/2015 4"' ro JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street, Port Townsend,WA 98368 I Web:www.cojefferson.wa.us/communitydevelooment ``vS�ioK Tel:360.379.4450 I Fax: 360.379.4451 I Email: dcd @co.iefferson.wa.us SquareONE Resource Center I Building Permits & Inspections I Development Review I Long Range Planning May 6, 2015 Leon Voetberg Maridel Voetberg 214 Widgeon Hill Road Chehalis, WA 98532 John Dowd Dalila Dowd P.O. Box 142 Brinnon, WA 98320 Case Number: MLA14-00088/SUB14-00014 Proposal: Boundary Line Adjustment Project Location: 502 104 006 and 502 104 023; Section: 10, Township: 25, Range: 2W; Site Addresses: 308766 and 308713 Highway 101, Brinnon, WA 98320. Date Decision Issued: May 6, 2015 Dear Mr. and Mrs. Voetberg, and Mr. and Mrs. Dowd, The boundary line adjustment application (SUB14-00014) as submitted on October 22, 2014 is hereby denied based on the below findings: 1. On November 19, 2014, initial contact regarding the criteria conflict of the proposal not involving abutting parcels was made by DCD to the applicant. After sometime of research and discussion, on January 22, 2015 the applicants made the decision to move forward with the proposal without any revisions or additional information submitted to resolve the criteria conflict seen by DCD. 2. On April 11, 2015 Sherrie Shold from the Assessor's Office commented as follows: "This transaction was first identified as a possible sub-division violation with a letter sent to the parties on 12/19/2013. I did received acknowledgment of the letter from Mr. Voetberg on 12/26/2013 that he was contacting DCD. Although I can understand the reasoning for the transaction, I do not see how this transaction can be a BLA if the parcels are not contiguous with BLA requirements of today. The definition of a BLA is to adjust common boundaries between parcels. The parcel being deeded is not only approximately 250' from the subject additional parcel; another ownership, State Highway 101 and a secondary road also separate it. In researching the parcel, I discovered Mr. Voetberg completed a BLA in 1996 consolidating his non- contiguous parcel South of Highway 101 (Tax 9) with his parcel North of Highway 101(Tax15). BLA requirements of 1996 were quite different than they are today; but this may explain why the parties thought this was possible." 3. On February 24, 2015 Pat Perryman from the Assessor's Office commented as follows: "After reviewing this proposed action, I have the following comment(s): (excerpt): Finally, this proposed Boundary Line Adjustment is not adjacent to the parcel that would be attached to. The existing parcel and the proposed addition to the existing parcel are split by the State Highway, a private road and a part of a parcel of property that is not involved in this proposed action. (It might be possible, since the purpose of this is related to the drainfield, to not actually "touch" the property owned by Phillip Stevens.)" 4. This proposal is not consistent with WAC 458-61A-109(2)(a) whereas, "a boundary line adjustment is a legal method to make minor changes to existing property lines between two or more contiguous parcels." This proposal specifically is not consistent with WAC 458-61A-109(2)(a), as the proposed parcels are not contiguous. The Merriam-Webster Dictionary defines contiguous as: 1: being in actual contact: touching along a boundary or at a point 2: of angles: adjacent 2 3: next or near in time or sequence 4: touching or connected throughout in an unbroken sequence 5. The purpose of Jefferson County Code 18.35, is to regulate the division of land in accordance with the standards established by the state of Washington and Jefferson County. JCC 18.35.030(2) states that "Property boundary lines separating two or more lots of record may be adjusted only under the specific provisions set forth in this chapter." 6. This proposal does not meet the conditions as set forth in the required Statement of Intent in JCC 18.35.080(4) as follows: "This recording is for the purpose of assisting with a boundary line adjustment pursuant to RCW 58.17.040(6). It does not create any additional lots, tracts, parcels, or a division as the land described hereon shall merge or be integrated into abutting property presently owned by the proponents. Nor does the boundary line adjustment result in any lots, tract, parcels or division which contain insufficient area and dimension to meet minimum county and sanitation requirements for width and area for building site." The proposal specifically does not satisfy the requirement of abutting property. Jefferson County Code 18.10.010 defines abutting as follows, "means adjoining with a common boundary line or any portion thereof."Therefore, the Statement of Intent for this proposal cannot be approved. 7. Therefore, approval of this proposal is not possible as it would be a sub-division violation per Washington State Regulation and does not meet requirements of JCC 18.35. The submitted boundary line adjustment application is a Type I permit per Table 8-1 in JCC 18.40. Table 8-2 in JCC 18.40 allows a judicial appeal process only for all Type I applications. JCC 18.40.340 addresses judicial appeals, which allows this application as denied, to be appealed to Jefferson County Superior Court within twenty-one (21) calendar days of the date of issuance of the land use decision. 5 d/2-e15— Carl Smith, Director/UDC Administrator Jefferson County Department of Community Development Cc: File MLA14-00088 David Alvarez 2 1 ; ON C. (Y •V 0 P.C.O �w or, JEFFERSON COUNTY A6 b O C. 0- DEPARTMENT OF COMMUNITY DEVELOPMENT `' 'd 621 Sheridan Street• Port Townsend •Washington 98368 Lt7gra00 360/379-4450 • 360/379-4451 Fax q� �0 www.co.jefferson.wa.us/commdevelopment Master Permit Application MLA: j -GC, e)s`, Project Description include separate sheets as neces ary): ielt 01 f, al • ..: - ..- I, -. f t. , 6l± . : Oa ' 3 Tax Parcel Number — 1 b(1_0,23 c+... Property Size:,S"--, 0 4 (acres/square feet) SO Site Address and/or Directions to Property: — foci■ -"©c, 37, , l • . a II f%3117, n WA- 9&3x0 ,..roperty Owner(s of -ecord: eon 1.1Efinor a! to Telephone: ,I r ce— r S Fax: �Jermail: Mailing Address: "Q t ,P�al s, ` ,1 A cr ra W■ `��': t Da)c (i(/ Telephone: F I �: p email: Mailing Address: f CL rInnon Gds} l'D—©/(ica What kind of Permit?(Check each box that applies ❑Building ❑Critical Areas Stewardship Plan ❑ Demolition Permit ❑Variance(Minor, Major or r-. --•- , _ ❑Single Family ❑Garage Attached/Detached ❑Conditional Use(C a ,C(• ;or,c s? (ss371- VIE 0 Manufactured Home ❑ Modular ❑Discretionary"D"or Unnamcd`USelaificafor ❑ Commercial• ❑Special Use(Essential Public Facilities)"* i ❑ Change of Use /` ' oundary Line Adjustment - El Address ❑ Road Approach Short Plat** OCT 2 2 2014 ❑ Home Business Li Cottage Industry ❑ Binding Site Plan•* L ❑Propane ❑Long Plat** . -i _ __.._.._I ❑ Sign ❑Planned Rural Residential DevelopmeA7t(PRROVAaitindments** ❑Allowed"Yes"Use Consistency Analysis ❑Plat Vacation/Alteration** ". CI ,JU':IP'D .71Q"(!TNT ❑Stormwater Management ❑ Shoreline Master Program Exempho Hermit Revisions" ❑Site Plan Approval Advance Determination(SPAAD)• ❑Shoreline Management Substantial Development** El 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 ••R-•uires a Pre-•••lication Conference Please identify any other local, state or federal permits required for this proposal, if known: DESIGNATION OF AGENT I hereby designate to act as my agen n matters relating to this application for permit(s). OWNER SIGNATURE r - - '/ Date: . / By signing this •lication form,the owner/agent attests that the information provided herein,and in any attachments,is true and correct to the best of his,her or its knowledge- 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,indemnify and hold harmless Jefferson County against all liabilities,judgments,court costs,reasonable attorney's fees and expenses which may in any way accrue against Jefferson County as a result of or in consequence of the granting of this permit. I further agree to provide access and right of entry to Jefferson County and its employees,representatives or agents for the sole purpose of application review and any required later inspections. Staffs access and right of ee ry will be assumed unless the applicant informs the County in writing at the time of the ap. -,ion that h •.she wants ' notice. � f � C Signatur / �i . _ Date: 4110 -1 The action •r actions Applicant will undertake as a result of the issuance of this permit may negatively impact upon one or more threatened or endangered species and could lead to a potential lake"of an endangered species as those terms are defined in the federal law known as the "Endangered Species 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 violate 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 compliance with the Jefferson County develo ment code.The Applicant acknowledges that he,she or it holds individual and non-transfe,-..le rests. sibilitylar.adherin• to and complyin wit t e ESA. The Applicant has read this disclaimer and signs and dates it below. r� Signal A,> -A �.� i- .� "�f Q Date: /4)/ /(.. CIS a BUILDER STATEMENT The signer of this statement does hereby certify that they are the Owners of the parcel referenced herein,that they are not licensed contracto and that they will be assuming the responsibility of the General Contractor for the proposed project. Signature: Date: GENERAL CONTRACTOR OR MANUFACTURED HOME INSTALLER: PHONE: FAX: • ( ) MAIUNG ADDRESS: EMAIL: CONTRACTOR'S LICENSE WAINS NUMBER: NUMBER ARCHrTECTIENGINEER: PHONE ( ) FAX:( ) MAILING ADDRESS: EMAIL Project Type: Frame Type: Bathrooms: Shoreline Type of Sewage Disposal: ❑ New ❑ Wood Existing: o Sewer ❑ Addition ❑ Steel Proposed: Bank ❑ Community System ❑ Alteration/Remodel Hei eration/Remodel ❑ Concrete 9 n Individual System ❑ Repair ❑ Masonry SEP Permit# ❑ Demolition ❑ Other. Bedrooms: Water Supply: Existing: etback: ❑. 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 I No _ If this is a Propane Tank and/or Appliance Installation permit,ma all items below that apply: 1 Underground Tank 1 Above ground Tank Size of Propane Tank: 1 Heat Stove 1 Cook Stove 1 Woodstove 1 Fireplace Insert Hot Water Tank I Pellet Stove 1 Other 1, Is this appliance being installed in a Manufactured I Mobile me? Yes I No When applying for a permit to install a propane tank you m st 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. / c+' tAew -' ' ��y� F5 a Ft�t {f ct 1 iy 2. a' 7 d °€ a s ry ... 9 h. ,' v,., Y s �r :'.';',1.! Square Footage Current Pro.•sect '-''11',.1z. -..' msµ,ti)a4 :, ';" ?iii* .t 42r IA,!!'," Y.,i , a_ " � ' Main Floor Heated ,. ` EH Bid App Review: C 0 J , 2 ' Floor Heated k " Other Heated , ' ° • Base fee: Mezzanine r n: l I CI • O Heated Basement '" , Plan Check fee: Unheated Basement ' r, State Surcharge fee: Other Unheated `' Pot Water Review fee: Garage/Carport a 4 SUBTOTAL . • DO Decks -_r w 911/Rd Approach fee: Other . TOTAL: $ l•1 •UlJ . x Receipt Number: .49) , • ' Cash/Check Number: 1 r�r^ ESTIMATED C•ST(REQUIRED) Date: t�' ^ � ' •Fair market value of all labor and materials foundation to finish o� Initials: Cl'. • I ��gsx c JEFFERSON COUNTY 'lam L, 1 DEPARTMENT OF COMMUNITY DEVELOPMENT • OCT 2 2 2014 1 J 46. _c.* 621 Sheridan Street• Port Townsend • Washington 98368 1U `4S N0'1— 360/379-4450 -- 360/379-4451 Fax JEFFERSON COUNTY niTT.07 COMMUNITY DEVELOPMENT Boundary Line Adjustment (BLA) Supplemental Application MLA# PROJECT/APPLICANT NAME: — © ' jd ■ Submi al Requirements A completed Master Permit Application. Representative authorization is required if application is not signed by owner. Boundary Line Adjustment application fee,as set forth in the Jefferson County Fee Ordinance,as amended. a. A single application may be submitted for multiple BLAs for adjacent parcels, lots,tracts or sites within a binding site plan. However,standard application fee(s)shall apply to each BLA after the first two per additional parcel, lot,tract or site b. In instances of lot consolidation,standard application fee(s)shall apply based on the number of resulting parcels or lots. i U/ pies of a clean and legible drawing suitable for recording showing the following: j U t a. The proposed lines for all affected lots,tracts or parcels, indicated by bold solid lines; Ct/U-, 6 tl f 4,fgcl b. The existing lot,tract or parcel lines proposed to be changed, indicated by light broken lines; ybp 6i yp c. The location and dimensions of all structures/improvements existing upon the affected lots, tracts or parcels and the distance between each such structure/improvement and the proposed boundary lines, with structures proposed to be removed from the site depicted with broken lines and structures to remain on the site depicted with solid lines; d. A north arrow indication and scale; e. All assessor's tax parcel numbers for the affected lots,tracts or parcels; f. The location of the property as to quarter/quarter section; g. The location and dimensions of any easements within or adjacent to any affected lots,tracts or parcels; h. The location, right-of-way widths, pavement widths and names of all existing or platted streets or roads, whether public or private, and other-public ways within or adjacent to the affected lots,tracts or parcels; • i. The area and dimensions of each lot prior to and following the proposed adjustment; j. The existing onsite sewage system components and reserve areas and the proposed location for onsite sewage systems • and soil test pits for all affected lots that are not currently served by an onsite sewage system or other approved wastewater treatment system; k. The location of all existing and proposed water and storm drainage facilities; and I. The approximate location and extent of any environmentally sensitive areas designated under Article VI-D of Chapter 18.15 JCC, including any flood hazard areas lying within the existing or revised parcel boundaries. The following notice will be recorded on the drawing when the parcels that are part of the Boundary Line Adjustment include, or are adjacent to, Environmentally Sensitive Areas (ESA): Notice to Public: Current Jefferson County geographic information systems (GIS) maps identify the presence of an Environmentally Sensitive Area (ESA) such as stream, wetland, flood, landslide hazard, erosion, aquifer recharge area, fish and wildlife habitat, shoreline, etc., lying within and/or adjacent to the revised parcels encompassed by this Boundary Line Adjustment. Prior to any land disturbing activity or construction activity, applicant/owner shall contact the Jefferson County department of community development regarding compliance for such ESA's. Approval of this Boundary Line Adjustment does not guarantee a buildable site within said parcel(s). Such determination is dependent on approvals of water, septic, bulk and dimensional setbacks, and ESA requirements; m. In cases where the requirement to provide written verification that the resultant lots can accommodate on-site sewage system from the Jefferson County department of environmental health has been waived, the following notice shall be recorded on the drawing: Notice to Public: Approval of this Boundary Line Adjustment does not guarantee a buildable site within said parcel(s). Such determination is dependent on approvals of water, septic, bulk and dimensional setbacks, and ESA requirements. G1PemACenterVWFORMS#M`1DRD FORMS1BLA app form 07-2006,doc REV 9/18/2008 E A copy of any Covenants, Conditions and Restrictions (CC&Rs), deed restrictions, or planned rural residential development /(PRRD) agreements pertaining to or affecting the property. �i( If an individual septic system is proposed (i.e., as opposed to connection to either a community drainfield or municipal sewer system), the applicant shall provide written verification from the Jefferson County department of environmental health that the lots, tracts, parcels or sites, as each would exist after the boundary line adjustment, are adequate to accommodate an on-site sewage disposal system. The location of soil logs must be shown on the drawing to show land area sufficient to meet environmental health requirements for each resultant lot, tract, or parcel that does not contain a dwelling. An applicant may choose to apply for a Site Plan Approval Advance Determination(SPAAD)to fulfill this requirement. This requirement shall be waived for resultant parcels that: a. Are larger than 2.5 acres; b. Have existing residential structures;or c. Have limited the use of the resultant parcel to agriculture,forestry,or open space through conservation easements, restrictive covenant,or similar legal arrangement. The Open Space Tax program shall not be used to fulfill this requirement. V. The application shall be accompanied by a current(i.e.,within 30 days)title company certification of the followin.: a. The legal description of the total parcels sought to be adjusted: b. Those individuals or corporations holding an ownership interest and any security interest (such as deeds or trust or mortgages) or any other encumbrances affecting the title of said parcels. Such individuals or corporations shall sign and, approve the final survey prior to final approval; c. Any lands to be dedicated shall be confirmed as being owned in fee title by the owner(s)signing the dedication certificate; d. Any easements or restrictions affecting the properties to be adjusted with a description of purpose and referenced by the auditor's file number and/or recording number; and e. If lands are to be dedicated or conveyed to the county as part of the subdivision,an American Land Title Association (A.L.T.A.) policy may be required by the director of the department of public works. 1. Please provide a brief description.of the .urpose o`4he proposed boundary line adjustment. % ' O 1 .A t� • .I • t; • -. • C id 'di l / _ . 1.Al d an L - • - •.._ • w V ? I - •D .. 1 AWA..• © S (Z10L 2. Please provide Existing Legal Descriptions of all affected lots,tracts or parcels. (Attach additional sheets, if necessary.) Parcel A: 5-0Q -IN -0Q3 l3 7QX-L CrAy) Less /Q/N I& Parcel B: Al_ - 1 I• . o.'�-�- • (.O i • - �a .d 1'"' _1.1 . : c 4-7L- pax A-3 Parcel C: Parcel D: • 3. Please provide Proposed Legal Descriptions of all affected lots,tracts or parcels. (Attach additional sheets if necessary.) Parcel A: — .4.9tA kit),\DAt S. 'itrG'y coAt4 rr\-) . Parcel B: 3011 4serr ir°146 dh, ['D 1n� Parcel C: 1� "A) , • 4-i Id (A" Parcel D: Qd /DO() Gl S i 4. All owners of the subject properties must sign the application below to signify agreement to the proposed boundary line adjustment. The applicants hereby certify that all of the above statements are true and the plot plan provides an accurate representation of the proposed boundary line adjustment, and the applicants hereby acknowledge that any permit issued on this a • ication may be revoked if any such statement is found to be false. a. ��, iA ..,de / 41 ai t� VOrr-Z Ct • Date: ('0 - P - I 471- b. / A.._ _ a l// L.- I ► r Date: /0 4 c. / Date: d. Date: h n IpcOct nJ Rth cAT9 1. Cy lU utn , !icon'm( ► ' / .' G\PernitCenterN=FORMS#1410RD FORMS\BLA aoo form 07-2006.doc REV.9/18/2008 Dv..o0 04,14 ` i `ot) op- ! svrvl°,Yay- AFTER RECORDING MAIL TO: C Aim Na-ke � � t Name: --- • / / Address. V a. •522q ' City/State: `o, Yeu.4i V/vh, Alfa SI' ✓a qr j()Adu -b¢6'Lik Boundary Line di _ - ne A ustnarnt Grantor(s)' 2. t-1-,a2Cd� Grantee(s): 2. Y"" " i,_ Legal Description: Parcels involved in the adjustment are currently legally described as follows(include Assessor's Property Tax Parcel Account Numbers): Parcel A: Parcel B: Parcel C: Parcel D: Boundary line subject to adjustment described as follows(new legal description): The nature of the adjustment is described as follows: why iv STATEMENT OF INTENT: (l ik ,'y ) This recording is for the purpose of assisting wi i ,,J,� RCW 58.17.040(6). It does not create any add iti (, llc.c land described herein shall merge or be integrate( the proponent. Nor does the boundary line adju< division which contain insufficient area and d sanitation requirements for width and area for a bt ( � y h ■ 9 OC MiL5 (Proponents' signature) STATE OF WASHINGTON COUNTY OF On I b – � ,`2.0(11 , personally appeared (1laa;atiV yl E-NSA-6 4 Los) VOEr&tc 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 C day of % w0Y 8449 Notary Public in and for the State of Washington, .•**VA/ —` Mb •0 11 G> ..� .0 i NOTARY I ' n — cn. Residing at L 1A.,-1 -�. PUBLIC g T. ".•1s WAST` This boundary line adjustment has been reviewed and approved M'IM erson County Development Review Division. Associate Planner Date 1 r . STATEMENT OF INTENT: This recording is for the purpose of assisting with a boundary line adjustment pursuant to RCW 58.17.040(6). It does not create any additional lots, tracts, parcels, or division as the land described herein shall merge or be integrated into abutting property presently owned by the proponent. Nor does the boundary line adjustment result in any lots, tracts, parcels, or division which contain insufficient area and dimension to meet minimum County and sanitation requirements for width and area for a building site. (Proponents' signature) STATE OF WASHINGTON COUNTY OF On l 0 '- i , 20014 , personally appeared .)614.es% '63O �gL�i-� 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 day of CD cd Obcc Q , 2o14 . "t Notary Public in and for State of Washington, %.‘‘, 84 ' to NOTi�Ry Residing at 7,Ss PUBLIC g This boundary line adjustment has been reviewed and apprdtil AS on County Development Review Division. '1,111$10 Associate Planner Date EXISTING PARCEL A (TAX PCL NO. 502104006) THAT PORTION OF GOVERNMENT LOT 3 IN SECTION 10, T. 25 N., R. 2 W., W.M., DESCRIBED AS FOLLOWS, TO WIT: COMMENCING AT THE EAST MEANDER CORNER; THENCE N 55' E, 65 FT.; THENCE WEST ON TRUE UNE OF I PUBLIC ROAD (OLD STATE HIGHWAY NO. 9); THENCE SOUTH ALONG THE EAST SIDE OF SAID PUBLIC ROAD TO THE SOUTH SECTION UNE BETWEEN SECTIONS 10 AND 15, SAID TOWNSHIP AND RANGE; THENCE EAST ALONG SAID SECTION UNE TO THE POINT OF BEGINNING. TOGETHER WITH ALL TIDELANDS OF THE SECOND CLASS, SITUATE IN FRONT OF, ADJACENT TO AND ABUTTING UPON THE ABOVE DESCRIBED TRACT. EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE STATE OF WASHINGTON BY INSTRUMENT RECORDED APRIL 27, 1955 UNDER AUDITOR'S FILE NO. 145452, RECORDS OF SAID COUNTY. AND ALL THAT PORTION OF GOVERNMENT LOT 3, SECTION 10, T. 25 N., R. 2 W., W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH 1/4 CORNER OF SAID SECTION 10, THENCE S 88'09'04" E, ALONG THE SOUTH LINE OF SAID SECTION 10, 368.61 FT. TO THE TRUE POINT OF BEGINNING; THENCE N. 7829'02" E, 151.49 FT; THENCE N 85'52'57" E, 85.60 FT.; THENCE S 80'25'20" E, 36.82 FT.; THENCE S 66'40'56" W, 34.30 FT.; THENCE S 85'52'55" W, 160.47 FT.; THENCE S 74'23'56" W, 25.66 FT., MORE OR LESS, TO THE SAID SOUTH UNE OF SECTION 10; THENCE N 88'09'04" W, ALONG SAID SOUTH UNE 53.89 FT., MORE OR LESS, TO THE TRUE POINT OF BEGINNING. AND ALL THAT PORTION OF GOVERNMENT LOT 3, SECTION 10, T. 25 N., R. 2 W., W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH 1/4 CORNER OF SAID SECTION 10, THENCE S 88'09'04" E, ALONG THE SOUTH LINE OF SAID SECTION 10, 368.61 FT.; THENCE N 7829'02" E. 151.49 FT.; THENCE N 85'52'57" E, 85.60 FT.; THENCE S 1343'04" E, 20.28 FT.; THENCE N 66'40'56" E, 71.41 FT. TO THE TRUE POINT OF BEGINNING OF THIS DESCRIBED TRACT; THENCE S 66'40'56" W, 36.34 FT.; THENCE N 88'09'04' E, 27.30 FT.; THENCE N 55'01'11" E, 7.48 FT.; THENCE N 02'06'44" E, TO THE TRUE POINT OF BEGINNING. AND THAT PORTION OF GOVERNMENT LOT 3 ABUTTING 2ND CLASS TIDELANDS IN SECTION 15, T. 25 N., R. 2 W.. W.M., JEFFERSON CO., WA., BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH 1/4 CORNER OF SEC. 15, T. 25 N., R. 2 W., W.M., JEFFERSON CO., WA.; THENCE S 88'13'42" ALONG THE NORTH UNE OF SAID SECTION 15 FOR A DISTANCE OF 364.50 FT. TO THE POINT OF BEGINNING; THENCE CONTINUING S 8813'42' E, 238.76 FT.; THENCE TO THE UNE OF MEAN HIGH TIDE; THENCE S 6112'00" W ALONG THE LINE OF MEAN HIGH TIDE 34.78 FT.; THENCE N 40'41'54" W ALONG THE LINE OF MEAN HIGH TIDE 3.31 FT.; THENCE S 6236'19" W ALONG THE LINE OF MEAN HIGH TIDE 26.83 FT.; THENCE S 87'54'36" W, 166.65 FT.; THENCE N 21'21'05" W, 43.00 FT. TO THE POINT OF BEGINNING. TOGETHER WITH ALL TIDELANDS OF THE SECOND CLASS, SITUATE IN FRONT OF, ADJACENT TO AND ABUTTING UPON THE ABOVE DESCRIBED TRACT. EXISTING PARCEL B (TAX PCL NO. 502104023) THAT PORTION OF GOVERNMENT LOT 3 IN SECTION 10, T. 25 N., R. 2 W., W.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE WEST UNE OF SAID LOT 3 WITH THE NORTHWESTERLY MARGIN OF STATE ROAD NO. 9; THENCE NORTHEASTERLY, ALONG SAID NORTHWESTERLY MARGIN, 450.00 FT. TO THE TRUE PONT OF BEGINNING; THENCE NORTHWESTERLY IN A STRAIGHT UNE TO A POINT ON SAID WEST UNE DISTANT 640 FT. SOUTH OF THE N.W. CORNER OF SAID LOT 3; THENCE NORTH, ALONG SAID WEST LINE, TO A POINT THEREON DISTANT 560 FT. SOUTH OF SAID NAIL CORNER; THENCE EAST 465 FT.; THENCE SOUTH 270 FT.; THENCE EAST TO THE SAID NORTHWESTERLY MARGIN CF STATE ROAD NO. 9; THENCE SOUTHWESTERLY, ALONG SAID NORTHWESTERLY MARGIN, TO THE TRUE POINT OF BEGINNING: EXCEPT THAT PORTION THEREOF, IF ANY. LYING WITHIN THE WEST 80 FT. OF THE EAST 160 FT. OF SAID LOT 3 LYING NORTHERLY OF SAID HIGHWAY; ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE WEST UNE OF SAID LOT 3 WITH THE NORTHWESTERLY MARGIN OF STATE ROAD NO. 9; THENCE NORTHEASTERLY ALONG SAID NORTHWESTERLY MARGIN 450 FT. TO A POINT DESIGNATED AS 'POINT A' HEREIN FOR DESCRIPTION PURPOSES; THENCE NORTHWESTERLY IN A STRAIGHT UNE TO A POINT ON SAID WEST UNE, DISTANT 84.0 FT. SOTUH OF THE N.W. CORNER OF SAID LOT 3 AND THE TRUE POINT OF BEGINNING; THENC NORTH ALONG SAID WEST UNE. 260 FT.; THENCE EAST, 260 FT.; THENCE SOUTH PARALLEL TO SAID WEST UNE, 260 FT.; THENCE WEST 260 FE TO THE TRUE POINT OF BEGINNING. PROPOSED PARCEL. A (TAX PCL NO. 502104006) THAT PORTION OF GOVERNMENT LOT 3 IN SECTION 10. T. 25 N., R. 2 W.. W.M., DESCRIBED AS FOLLOWS. TO WT: COMMENCING AT THE EAST MEANDER CORNER; THENCE N 55' E. 65 FT„ THENCE WEST ON TRUE LINE OF PUBLIC ROAD (OLD STATE HIGHWAY NO. 9); THENCE SOUTH ALONG THE EAST SIDE OF SAID PUBLIC ROAD TO THE SOUTH SECTION UNE BETWEEN SECTIONS 10 AND 15, SAID TOWNSHIP AND RANGE; THENCE EAST ALONG SAID SECTION UNE 10 THE POINT OF BEGINNING. TOGETHER WITH ALL 11DELANDS OF THE SECOND CLASS, SITUATE IN FRONT OF, ADJACENT TO AND ABUTTING UPON THE ABOVE DESCRIBED TRACT. EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE STATE OF WASHINGTON BY INSTRUMENT RECORDED APRIL 27. 1955 UNDER AUDITOR'S FILE NO. 145452. RECORDS OF SAID COUNTY. AND AU. THAT PORTION OF GOVERNMENT LOT 3, SECTION 1D. T. 25 N., R. 2 W., W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH 1/4 CORNER OF SAID SECTION 10, THENCE S 88'09'04' E. ALONG THE SOUTH UNE OF SAID SECTION 10, 368.61 FL TO THE TRUE PONT OF BEGI N98% THENCE N. 7529'02' E, 151.49 FT.; THENCE N 8552'57' E, 85.80 FT.; THENCE S 8025'20' E, 35.82 FT.; THENCE S 86%10'58' W, 34.30 FT.; THENCE S 8552'55' W. 150.47 FT.; THENCE S 7423'56' W, 25.88 FL, MORE OR LESS, 70 THE SAID SOUTH UNE OF SECTION 10; THENCE N 881)904' W. ALONG SAID SOUTH UNE 53.89 FT., MORE OR LESS, TO THE TRUE PONT OF BEGINNING. AND ALL THAT PORTION OF GOVERNMENT LOT 3, SECTION 10. T. 25 N., R. 2 W., W.M. DESCRIBED AS FOLLOWS BEGINNING AT THE SOUTH 1/4 CORNER OF SAID SECTION 10, THENCE S 88 '04' E, ALONG THE SOUTH UNE OF SAID SECTION 10, 368.61 FT.; THENCE N 7829'02' E. 151.48 FT.; THENCE N 8552'57 E. 85.60 FL; THENCE S 13'43'04' E. 20.28 FT.; THENCE N 66'40'56" E. 71.41 FT. TO THE TRUE PONT OF BEANO OF THIS DESCRIBED TRACT; THENCE S 66'40'56' W, 36.34 FT.; THENCE N 88'09'04' E, 27.30 FT.; THENCE N 55'01'11' E, 7.48 FT.; THENCE N 02106'44' E, TO THE TRIE POINT OF BEGINNING. AND THAT PORTION OF GOVERNMENT LOT 3 ABUTTNG 2ND CLASS TIDELANDS IN SECTION 15, T. 25 N., R. 2 W.. W.M.. JEFFERSON CO.. WA.. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS! COMMENCING AT THE NORTH 1/4 CORNER OF SEC. 15, T. 25 N.. R. 2 W., W.Y., JEFFERSON CO.. WA.; THENCE 5 5813'42' ALONG THE NORTH LINE OF SAID SECTION 15 FOR A DISTANCE OF 354.50 FT. TO THE POINT OF IN N1GC THENCE CONTINUING S 8813'42' E, 238.75 FT.; THENCE TO THE LINE OF MEAN HIGH TIDE; THENCE S 8112'00' W ALONG THE UNE OF MEAN HIGH TIDE 34.78 FT.; THENCE N 40'41'54' W ALONG THE LNE OF MEAN HIGH TIDE 3.31 FT.; THENCE S 6236•19" W ALONG THE LINE OF MEAN HIGH TIDE 28.83 FT.; THENCE S 8734'38' W; 185.85 FT.; THENCE N 21'21'05' W. 43.00 FT. TO THE PONT OF BEGNMNO. TOGETHER WITH ALL TIDELANDS OF THE SECOND CLASS, SITUATE IN FRONT OF, ADJACENT TO AND ABUTTING UPON THE ABOVE DESCRIBED TRACT. TOGETHER WITH THAT PORTION CF GOVERNMENT LOT 3, SECTION 10. T. 25 N., R. 2 W.. W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF THAT PARCEL CONVEYED FROM JACK GAUB TO LEON AND MARIDEL VOETBERG UNDER WARRANTY FULFILLMENT DEED RECORDED MARCH 1, 1998 UNDER JEFFERSON CO. AUDITOR'S FILE NO. 389117; THENCE N 4833'27' W ALONG THE SOUTHWESTERLY BOUNDARY OF' SAID PARCEL FOR A DISTANCE OF 56.68 FT.; THENCE N 49'53'26' E, 119.27 FT.; THENCE S 22104'41' E. 83.29 FT. TO THE SOUTHEASTERLY BOUNDARY OF SAID PARCEL BEING ALSO DESCRIBED AS THE NORTHWESTERLY BOUNDARY OF STATE HIGHWAY 101; 1}f1 CE S 6511'03• W. ALONG SAID BOUNDARY FOR A DISTANCE OF 87.95 FL TO THE POINT OF BEGINNING. PROPOSED PARCEL B (TAX PG3. NO. 502104023) THAT PORTION OF GOVERNMENT LOT 3 IN SECTION 10, T. 25 N.. R. 2 W., W.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE WEST UNE OF SAN LOT 3 WITH THE NORTHWESTERLY MARGIN OF STATE ROAD NO. 9: THENCE NORTHEASTERLY, ALONG SAID NORTHWESTERLY MARGIN, 450.00 FT. TO THE TRUE PONT OF THENCE NORTHWESTERLY IN A STRAIGHT LINE TO A POINT ON SAID WEST UNE DISTANT 840 FT. SOUTH Cr THE N.W. CORNER OF SAID LOT 3; THENCE NORTH. ALONG SAID WEST LJNE, 113 A POINT THEREON DISTANT 580 FT. SOUTH OF SAID N.W. CORNER; THENCE EAST 485 FT.; THENCE SOUTH 270 FTC THENCE EAST TO THE SAID NORTHWESTERLY MARGIN OF STATE ROAD NO. 9; THENCE SOUTHWESTERLY. ALONG SAID NORTHWESTERLY MARGIN, TO THE TRUE POINT OF BEGINNING EXCEPT THAT PORTION THEREOF. IF ANY, L11NG WITHIN THE WEST 80 FT. OF THE EAST 180 FT. OF SAID LOT 3 LYING NORTHERLY OF SAID HIGHWAY; ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE WEST LINE OF SAID LOT 3 WITH THE NORTHWESTERLY MARGIN OF STATE ROAD NO. 9; THENCE NORTHEASTERLY ALONG SAID NORTHWtSii RLY MARGIN 450 FT. 10 A POINT DE GNATED AS 'POINT A' HERO, FOR DESCRIPTION PURPOSES; THENCE NORTHWESTERLY IN A STRAIGHT UNE TO A POINT ON SAID WEST UNE, DISTANT 840 FT. SOTUH OF THE N.W. CORNER OF SAID LOT 3 AND THE TRUE POINT OF INECINNINA THENC NORTH ALONG SAID WEST LINE. 280 FT.; THENCE EAST, 280 FT.; THENCE SOUTH PARALLEL TO SAID WEST LANE, 280 FT.; TI CE WEST 200 FT. TO THE TRUE PONT OF SIG EXCEPTING THEREFROM THAT PORTION Cr GOVERNMENT LOT 3, SECTION 10, T. 25 N., R. 2 W., W.M. DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF THAT PARCEL CONVEYED FROM JACK GAUB TO LEON AND MARIDEL VOETBERG UNDER WARRANTY FULFILLMENT DEED RECORDED MARCH 1, 1998 UNDER JEFFERSON CO. AUDITOR'S FILE NO. 389117; THENCE N 48'53'27' W ALONG THE SOUTHWESTERLY BOUNDARY OF SAID PARCEL FOR A DISTANCE OF 56.88 FT.; THENCE N 49'53'28° E, 119.27 FT.; THENCE S 22•04'41' E, 83.29 FT. TO THE SOUTHEASTERLY BOUNDARY OF SAID PARCEL, BEING ALSO DESCRIBED AS THE NORTHWESTERLY BOUNDARY OF STATE HIGHWAY 101; THENCE S 8591'03' W, ALONG SAID BOUNDARY FOR A DISTANCE OF 87.95 FT. To THE POINT OF BEGINNING. OFFICE OF THE JEFFERSON COUNTY ASSESSOR Jeff Chapman, Assessor February 24, 2015 Anna, RE: MLA14-00088 Voetberg/Dowd After reviewing this proposed action, I have the following comment(s): 1. The last portion of the bearing for Parcel A is missing(the portion of the legal description that has the call to the North 1/4 corner of Section 15...). This applies to both the existing legal description and the proposed new description. 2. Parcel B has two typos in parcel that is excepted out. One of the typos is the misspelling of South and the other is the spelling of Thence (it is missing the last e). As with Parcel A,this applies to both the existing and the proposed legal descriptions. 3. The statement of intent notice is not on the face of the survey. Also, by putting the statement of intent on the face of the survey, Sheet 3(with all of the legal descriptions)will not be needed. We will need, however to see the signature sheet. 4. Finally,this proposed Boundary Line Adjustment is not adjacent to the parcel that would be attached to. The existing parcel and the proposed addition to the existing parcel are split by the State Highway,a private road and a part of a parcel of property that is not involved in this proposed action. (It might be possible, since the purpose of this is related to the drainfield,to not actually"touch"the property owned by Phillip Stevens.) SURVEYORS PLEASE NOTE: This office tries to catch all errors and inconsistencies in the survey and legal descriptions submitted for our review but do not always find every issue. Please be sure to re-review you work so that we all have less frustration in trying to get these projects through to completion. If you have any questions or comments, please do not hesitate to contact me. Thanks, Pat Pat Perryman (360)385-9222 (36o)385-9365 pperryman@co.jefferson.wa.us ��4gON 00 G Jefferson County W Assessor's Office THE HEART OF THE z OLYMPIC PENINSULA www.co.jefferson.wa.us 9 NG�O Jeff Chapman, Assessor M 0 from the Office of JEFFERSON COUNTY ASSESSOR TO: Anna Bausher, DCD FROM: Sherrie.shvld, Property Operatto ' DATE: April 11, 2015 RE: MLA14-00088 Voctberg/Dowd MESSAGE: Anna, This transaction was first identified as a possible sub-division violation with a letter sent to the parties on 12/19/201 3. I did received acknowledgment of the letter from Mr. Voetberg on 12/26/2013 that he was contacting DCD. Although I can understand the reasoning for the transaction, I do not see how this transaction can be a BLA if the parcels are not contiguous with BLA requirements of today. The definition of a BLA is to adjust common boundaries between parcels. The parcel being deeded is not only approximately 250' from the subject additional parcel; another ownership, State Highway 101 and a secondary road also separate it. In researching the parcels, I discovered Mr. Voetberg completed a BLA in 1 996 consolidating his non-contiguous parcel South of Highway 101 (Tax 9) with his parcel North of Highway 101 (Tax 15). BLA requirements of 1996 were quite different than they are today: but this may explain why the parties thought this was possible. I have enclosed a copy of the BLA for your reference. Please let me know if I can answer any other questions or if you should have any questions on my comments. P.O.Box 1220,Port Townsend,WA 98368 - Phone(360)385-9105 - Fax(360)385-9197 ' . `.S. \ (..) 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C) A- 4.) .i.. ° 4, Ct) X ,09Z 0' V 1 —Ili , l 6•Z 9 I. / ,gL I. / `401 GET 2f-tit) PLEASE.TYPE OR PRINT REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt when stamped PLEASE.SEE REVERSE by cashier. CI WPIER 82.45 RCW-CHAPTER 458-61 WAC For Use at County Treasurer's Office (Use Form Nu.84.0041115 Sir Reporting Transfers of Controlling Interest of Entity Ownership to the Dep nment of Revenue) THIS AFFIDAVIT WIIt.Sin'BE ACCEPTED UNLESS ALL AREAS 1-7 ARE FULLY COMPL•:1'FD 0 Na11C Leon V. & Maridel V. Voetberq 0 Nang sage as += Si _4 sued 2044 Little Hanaford Rd. to Street Centralia, WA 98531 CitylStal&Zip City/State/Zip ®ADDRESS 10 SEND ALL PROPERTY TAX RELATED CORRESPONDENCE ALL TAX PARCEL NUMBERS COI IN)t"ERR AS L IRPA P:ACE ASSISSFD VALUE IT TAX rxr.5i R T Name ___ I G.K 15 same as #1 502 104 025/019 Street _._._....__. ._.-_.. • City/State/Zip •$f i w LEGAL DESCRIPTION OF PROPERTY SITUATED IN 0 UNINCORPORATED Jeff or 4 COUNTY ❑OR IN CITY OF Street Address(if property is improved): Legal description is attached hereto on Exhibit "A" and incorporated herein by this reference. V 5L9 5 PT-(-! BIs this property currently: _.._._._..�._.- YES NO fl Ihxription of tangible personal property if included in sale(furniture, appliances,etc.) Classified or designated as forest land? ❑ Chapter 84.33 RCW Classified as current use land(open spare.farm V • and agricultural,or timber)?Chapter 84.34 RCW Exempt from property tax as a nonprofit ,`j If exemption claimed,list WAC number and explanation. organization?Chapter 84.36 RCW Seller's Exempt Reg. Na _ WAC No.(See/Sub) 458-61-2 3 5 Receiving special valuation as historic 171. Nxplanminn Boundary Line ad t u s t me n t property?Chapter84,26 RCW Property Type: oilund only 0 land with new building 0 land with previously used building 0 land with mobile Fame 'type of Document Boundary I i n P 4r1 i - ❑timber only 0 building only Dale of Document 11-26-96 Principal Use: ❑ Apt. (4 + unit) aiusidctuial O timber ❑ agricultural 0eOmnlerciafindustrial Gross Sale Price other Personal Property(deduct) $ © (I)NOTICE OF CONTINUANCE(RCW 84.33 or RCW 84.34) Taxable Sale Price S Excise Tax: State $ If the new owner(s)of land that is classified or designated as current use or fmcsf land wish to continue the classification or designation of such Local S land.the new owner(s)must sign below.lithe new owncr(s)do not desire Delinquent Interest: Slate $ to continue such classification or dwsignat ion,all compensating or addi- Pascal $ tional tax calculated pursuant to,.ItCW 84.33.120 atd 140 or RCW lilt Penalty: State $ R4,34.108 shall be due aryl p:yabin Ate,{'the seller ur transferor at the time ol talc.The sxmnty asscsskir mast let•rluInc if the land transferred qualifies Total Due S to continue classification or/designation and must so indicate below. THERE IS A 52.00 FEE FOR PROCESSINC Tins FORM IF NO TAX Li Ut:i Signatures do not necessarily mean the lased will remain in classification or designation.If it no longer qualifies,it will be removed and the con- B AFFIDAVIT petering taxes will be applied. All new owners must sign. F certify under penalty of perjury wider the laws of the state of This land IT;does 0 does not qualify for aunt:i once. Washington that the foregoing is(roe and correct(See back of this form). Date Signature of bel'UTl'ASSESSOR Grantor/Agent < (2)NOTICE OF COMPLIANCE(Chapter 84.26 RCW) If the new owner(s)of property with special valuation as historic property Nuns(print) Karen R . Martin (Aden() wish to continue this special valuation the new menials)must sign below. Date & Place of Signing 1 7-9-9 6 Br I n n o n If the new owner(s)do not desire to continue such special valuation,all additional tax calculated pursuant to Chapter 84.26 RCW,shall be due Signature of and payable by the seller or transferor at the tittle of sale. Graniee/Agenf(3)OWNERS)SIGNATURE Name(print) ,.. Date & Place of Signing Perjury: Perjury is a class C felony which is punishable by imprisonment in a state correctional institution for a maximum term of nut more than five years,or by a fine in an amount fixed by the court of not more than live thousand dollars($5,000.00),or by both imprisonment and fine(RCW 9A.20.020(IC)). REV 84 mnto(6.16-951(008-2295) P012 TREASURER'S USE ONLY COUNTY ASSESSOR . ea _ '-.' ✓ LL Filed for the Record THIS SPACE RESERVED FOR RECORDER'S USE: at Request of When recorded return to: B,T KAREN MARTIN A„„„. P.O. BOX 88 r;ry. BRINNON cram 7tp rm. WASHINCTON OA17n BOUNDARY LINE ADJUSTMENT STATEMENT OF INTENT THIS RECORDING IS FOR THE PURPOSE OF ASSISTING WITH A BOUNDARY LINE ADJUSTMENT PURSUANT TO RCW 58.17.040(6). IT DOES NOT CREATE ANY ADDITIONAL LOTS, TRACTS, PARCELS, OR DIVISION AS THE LAND DESCRIBED HEREIN SHALL MERGE OR BE INTEGRATED INTO ABUTTING PROPERTY PRESENTLY OWNED BY THE PROPONENT. NOR DOES THE BOUNDARY LINE ADJUSTMENT RESULT IN ANY LOTS, TRACTS, PARCELS OR DIVISION WHICH CONTAIN INSUFFICIENT AREA AND DIMENSION TO MEET HINIMUH COUNTY AND SANITATION REQUIREMENTS FOR WIDTH AND AREA FOR A BUILDING SITE. Parcels involved in the adjustment are currently legally described as follows: PARCEL A: TAX Parcel 502 104 025 Legal Attached as Exhibit "A” Referred by Parcel A T :S PARCEL B: TAX PARCEL 502 104 019 LEGAL ATTACHED AS EXHIBIT "B" Referred as Parcel B 'MY PARCEL C: IEFfERSON COUNTY EXCISE TM All No. ___ b t ��` ''u PARCEL D: Date Paid/.l//Hee.Amt. gy L,44. L,_�.,( Lft/ i� TREASURER Boundary line subject to adjustment described as follows: (New legal descriptions) Legal Attached as Exhibit "C" and referred by Parcel C The nature of the adjustment is described as follows: Combining the two parcels into one parcel. --- 4././.44e(propo ent'e signature STAT OF WASHINGTON ) COUNTY OF JEFFERSON ) on nth day of Novomber , 19 95,personally appeared Karen R. Martin 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. �aff� X111 WITNESS my hand and official: 4.d tilkia of Novebmer , 1996 . Y -y'C�',..„,, �yRy1/ y Notary Public in and for b'�ie r�• �� I y '. - 'y�aL bton, • 2 ; an N. o nsto. �v •,s( yi\' _ • residing at Brinn.n '1,, '.,�?y_�0 r _ '�h'asW64ot �-= utt. This boundary line adjustment has been reviewed and approved by the Jefferson County Development Review .vision.ji,Assistant Planner Date • EXHIBIT "A" • PARCEL "A" Existing legal parcel # 502 104 025 That portion of Government lot 3, Section 10, Township 25 North, Range 2 West, W.M. , in Jefferson County, Washington, described as follows: Beginning at the South 1/4 corner of said Section 10, said point also being the Southwest corner of said Government Lot 3; running ;.hence North 00° 31' 27" East, along the West line of said Government Lot 3, a distance of 20.66 feet to a point on the Northerly right of way line of State Route 9, (U.S. 101) , said point being on a curve concave to the Southeast corner and from which the center of said curve is South 29' 37 ' 18" East, 2, 912.98 feet distance; thence Northeasterly 174.23 feet along said curve through an angle of 3° 25' 37" to the tangent of said right of way line; thence North 63° 48 ' 18" East, along said right of way line, 156.37 feet to the True Point of Beginning of this description; continuing thence North 63° 48' 18" East, along said right of way line, 119.40 feet; thence North 49° 53 ' 30" West 518.38 feet to the West of Government Lot 3; said point begin 840. 00 feet Southerly from the Northwest corner of said Government Lot 3; thence South 00° 31' 27" West, along said West line of Government Lot 3, a distance of 182.91 feet to the most Northerly corner of a tract conveyed to Prank B. Jewell and Anona C. Jewell, his wife, by Martin Lorenzen by Deed dated July 31, 1957, and recorded under Auditor's File No. 154605; thence South 55° 00' 00" East, along the Northerly line of said Jewell Tract, 355.35 feet, more or less, to the True Point of Beginning. Situate in the County of Jefferson, State of Washington. EXHIBIT "B" Existing legal parcel # 502 104 019 PARCEL „B" The West 110 feet of the East 673 feet of Government Bot 3, Section 10, Township 25 North, Range 2 West, W.M. , lying SoutH of State Road No. 9; EXCEPTING THEREFROM any portion thereof, that may lie within the West 1/2 of said Government Lot 3; ALSO EXCEPTING the right of way of the existing County Road and right of way for State Park Road; TOGETHER WITH all tidelands of the Second Class, as conveyed by the State of Washington, situate in front of, adjacent to and abutting upon the above described uplands, in Jefferson County, Washington. Situate in the County of Jefferson, State of Washington. EXHIBIT "C" PARCEL "C" PROPOSED LEGAL The West 110 feet of the East 673 feet of Government Bot 3, Section 10, Township 25 North, Range 2 West, W.M. , lying SautE of- State Road No. 9; EXCEPTING THEREFROM any portion thereof, that may lie within the West 1/2 of said Government Lot 3; ALSO EXCEPTING the right of way of the existing County Road and right of way for State Park Road; TOGETHER WITH all tidelands of the Second Class, as conveyed by the State of washington, situate in front of, adjacent to and abutting upon the above described uplands, in Jefferson County, Washington. Situate in the County of Jefferson, State of Washington. ALSO That portion of Government lot 3, Section 10, Township 25 North, Range 2 West, W.M. , in Jefferson County, Washington, described as follows: Beginning at the South 1/4 corner of said Section 10, said point also being the Southwest corner of said Government Lot 3; running thence North 00° 31' 27' East, along the West line of said Government Lot 3, a distance of 20.66 feet to a point on the Northerly right of way line of State Route 9, W.S. 101) , said point being on a curve concave to the Southeast corner and from which the center of said curve is South 29° 37 ' 18' East, 42,912.98 feet distance; thence Northeasterly 174.23 feet along said curve through an angle of 3' 25' 37' to the tangent of said right of way line; thence North 63° 48 ' 18' East, along said right of way line, 156.37 feet to the True Point of Beginning of this description; continuing thence North 63° 48 ' 18' East, along said right of way line, 119.40 feet; thence North 49° 53 ' 30' West 518.38 feet to the West of Government Lot 3; said point begin 840.00 feet Southerly from the Northwest corner of said Government Lot 3; thence South 00d 31' 27' West, along said West line of Government Lot 3, a distance of 182.91 feet to the most Northerly corner of a tract conveyed to Prank B. Jewell and Anona C. Jewell, his wife, by Martin Lorenzen by Deed dated July 3., 1957, and recorded under Auditor's File No. 154605; thence South 55° 00' 00' East, along the Northerly line of said Jewell Tract, 355 .35 feet, more or less, to the True Point of Beginning. Situate in the County of Jefferson, State of Washington. CLL V JC ,.41 re c( I 274.a3 (S-Z^y- '..L rte- n Oa, o0 ��JIv.7 o\ ' 0.1IF'r °y 6 °tip••- \ GOV'T 5a� . 56 216.24 ""' .\5 - 660.84 650.44 — 17h.12 `, ` - `` 502105005 TRACT 5 SU84/EASE \) cti °1�1 5.00 a. This sk�l4h is provide�� Q_ out ch •f?e, for your .�P a intar}.a It is ihlended.to s ow - •• - ers . 673,67 55 to - r t' 4'. io th 0 p 'ty inctudin9, b t t limited CI) - rea, - •1. • ' • ••- : - • . . oachments, 0 ,,a to ° bound ,i259•Qg is not a part of, nor t N 502105004 643.70 ``C does it moar!y, the ;ommitment or policy to which �i, TRACT 4 w/EASE V - it is attached. The Company assumes NO LIABILIT 5n°5 _ 5.00 a. 10 for any matter relate to this sketch. Reference °p,N°t 'S should be made to a acurate survey for further 5 p,. °, information. ° 863.37 P7 425' 760' \ 1 160' ` 1 COMMUNITY 502104045 I !� I PARK 4 n GOV LOT 3(N275') I O cv iT OF ST ii'rri(i.cSS r / N 2 E160' & TAX 13) 4.800. r I 0 u. - 0 760' I o x12 m 502104022 1 i co h� z� -1 ■• TAX 13(ENLGO) 1 ` ID • 5.47 a ~' .. " 1 N. .rim SL �-I 8Jd= CO y r O O� 4 w N 502104005 o G 0 0 0 GOV LOT 3(LS N275'& 0 0 N Z nco¢<.: • E160')ISTX 4.7.13.14 ALL N OF ST HWY / i GOV' 425 40' 9.41 a. / / c0v r C / / n 7p• 260' t CO / / LO I / / i � C�3 a / / m Taxi 0 '1 / 135 a. n, to GOV'T I�/ LOT 3 LO 260• f . � / L 672.1r Q• • 50%3 l l\ 502104004 m • TAX 14(9J G)1.ESS TAX 16 ' \ 0 3.90 a. • s, 5.90 a. ,o \ x o fy e J4c. `SIB ,\ �„Q�- ,Q1 , `id-*1 o ,1 •• - aTy� •it e' • • J ` - Q TAX k41111r14\1; ° • . AX 7 AX 8 �. 0.56 a. c . i.35 a. °°° 10 'ttj. A 0%3 ° ..... __ . _ _J N 0 .11 1 I I Willi ...."4 .....",.‘:;:k ' Z 7 in 0 o. 05 CO . \ (7) Zs Zal ,,,, - en -.... CC 0 v.) Lo _ (r ._ .. I (..) cc ----..„:........L. 0_ m tit z . . , . . CS3 (..., t, . ct to . - - o, c, ' o , . ... ...,... tit ......." ' 0 k■ 'Sr.: /......... v ..- . . .. . • ^ \ ' t.) (.5 • r.; .,-..:•., .4 ., 6.. i ct ' . a. 51 0 Cn . 2 .0 991 2 U1 re/ o tO0b0120S "...C.3 t., •.:..) , ' . , ,S./..£69 • . . t 7L.2 •3 0c0 •. ' ,. % Nts, .. . LO g X.I. ' • i k . LOOt70120g ,Gi 2 ,02.0f9 tit 'I 4.1.. 0 y• • .. (4 4 ■ t 1,.. (s, , .- --. • < S -o to .. • •,. -, . .. /... ° 124 ..t) ..... r. -,, •... •....1 , a Lo ...' , ••-, a in N-- ' - ....,_ __---1,/ c 0 --. 0 . a a o --- - a • u'l Ibili.1 o 0 ° el c7, g 1---. o - 0 r 44 11 In on C3 O (.3 re) a- 0 CV (\I ch o o 0 St? G82 , cr cr 0 0 ct •09S (71 -- — to 0 o a 0 ci \A o q).•'4' C421' r \ ul 1 0('1 at (4 V) i 0 a CV t° . 0 o 6 o ..t ,o a 0 ^7 1, ■ 0'. v., ,N . .09S 1.. .092 ,i6 281 G.!I I= a 3„21.01ort4 Filed for the Record THIS SPACE RESERVED FOR RECORDER�SrU`EIL R�'CORDS at Request of r:Er.'..":1T O. �gPANY When rerordod return toe JEFFERSQ.N TM 4' ]2 �f.P KAREN MARTIN 396778 D C1• P.O. BOX 88 OOK 1:.H.ELDRIDGE �A.e e. IEFFLWSO1lCUJNTF AUDITOR city. BRINNON -Gj ) [7, Y erwea ,ir enAn WASHINGTON qgl BOUNDARY LINE ADJUSTMENT ,\ STATEMENT OF INTENT THIS RECORDING IS FOR THE PURPOSE OF ASSISTING WITH A BOUNDARY LINE ACIUSTHENT'•ptRSUANT TO RCN 58.11.040161. IT DOES NOT CREATE ANY ADDITIONAL LOTS, TRACTS, PARCELS•OR-DIYISTQN AS THE LAND DESCRIBED HEREIN SHALL MERGE OR BE INTEGRATED INTO ABUTTING PROP TT^PRESENTI;.T�OWHED BY THE ER PROPONENT. NOR DOES THE BOUNDARY LINE ADJUSTMENT RESULT IN ANY LOT ,(TRACT PAR S OR DIVISION WHICH CONTAIN INSUFFICIENT AREA AND DIMENSION TO MEET MINIMUM DODO Y\AND t ANIITATION REQUIREMENTS FOR WIDTH AND AREA FOR A BUILDING SITE. c. Parcels involved in the adjuotmont are cucrentLy legally deapsibod t`e Ynllo : PARCEL A: TAX Parcel 502 104 025 Legal Attached as Ekhibit '^A Referred by Parcel A PARCEL B; TAX PARCEL 502 104 019 LEGAL ATTAGHEP AS EXHIBIT "8" Referred as Parcel B i PARCEL C: ,�� IEFfERSON COUNTY EXCISE TAA .` MI.tto. Q_ 9_i \ `` Dale P id��M(0 PARCEL D: ''''J'c'' �-; By TREASURER i l P•, ,f Boundary line oubj,ct to adjuotmont/•die i�edba[6'Lows; (Now legal dascriptione) Legal Attached as Exhibit "C",,,and L'efer1'ed by Parcel C ' , The nature of the adjustmoelt•lbrdoedmibe`Al follows: Combining the two��is•.lnto one parcel. (propo ent'e oignature' ;' \ STAT Of WASHINGTON v '�.) ' COUNTY OP JEFFERSO/1V�`- f'°� on 26th day of N va111nnnher 11 , 19_,poraonaLly appeared Karen R. Martin and proved tome on the beta Utiefactery evidence to the poreon whose name Lo subooribod to thin inetrumont, and acicttoblo god'that ho executed Lt. WETNESS ay hand ái a'nffiTLaL Chid ay of Hovebrter , 1996 . Notary P014.i•11.11 aill.for 40 .r,• ,.y, • Eton, rookdi an t` , ' prinn n //PA, %.o.00./ . \ MLh IP,aHNOtOt: This boundary lino adjuetmant hoe boon reviawad and approved by the JefforOOn County Davolopment RoVieW. ivloLon, Aoaletant Planno Bate DEC - 9 1996; voL )ti- >.,641 • EXIHIBIT 'A" PARCEL °A° Existing legal parcel i 502 104 025 That portion of Government lot 3, Section 10, Township 25 North, Range 2 West, W.M., in Jefferson County, Washington, described as follows: Beginning at the South 1/4 corner of said Section 10, said point also being the Southwest corner of paid Government Lot 3; , . running thence North 00° 31' 27' East, along the West line of said Government Lot 3, a distance of 20.66 feet to a point on a Northerly right of way line of State Route 9, (U.S. 101), said poi being on a curve concave to the Southeast corner and from which the center\o said curve is South 29' 37' 18' East,'2,912.98 feet distance; -. thence Northeasterly 174.23 feet along said curve thrRugh-_aa Tangle of 3' 25' 37' to the tangent of said right of way line; i thence North 63° 48' 1e' East, along said right of-hay line,'1S6.37 feet to the True Point of Beginning of this description; N ; continuing thence North 63° 48' 168 East, along said.righe of way line, 119.40 feet; [ ` thence North 49° 53' 30' West 518.38 feet to FIe West of'Government Lot 31 said point begin 840.00 feet Southerly from thee No :west corner of said • Government Lot 3; thence South 00° 31' 27' West, along rlaid Wes';ine of Government Lot 3. a distance of 182.91 feet to the most Noriberly)cOrner of a tract conveyed to Prank B. Jewell and Anona C. Jewell, his aife, .by Martin Lorenzen by Deed dated July 31, 1957, and records under Auditor's pile No. 1546057 thence South 55 00' 00' East, along, che Northerly line of said Jewell Trace, 355.35 feet, more or 1ess,`t o the True Point of Beginning. Situate in the County of Jeffersiii, stC td of Washington. • rIt .842 ��� EXHIBIT "B" • Existing legal parcel 1 502 104 019 • PARCEL "B" The Weet 110 feet of the East 673 feet of Governoent lot 3, Section 10, Township 25 North, Range 2 West, W.H., lying SoutE of'State Road No. 91 EXCEPTING THEREFROM any portion thereof, that may lie with] the Neat 3/2 of said Government Lot 3; ALSO EXCEPTING the right of way of the existing County .\-3nd ight of way for State Park Road; 1�",\ V TOGETHER WITH all tidelands of the Second Class, ae(oohe ye by the State of Washington, situate in front of, adjacent to and-ax tt upon the above described uplands, in Jefferson County, Washingtd . Situate in the County of Jefferson, State of—i}ashfngt . i I\1 ('N, \ , \!: ! \ J V �j/ C\ ( O J �� „.„) , . •• . ( t }�J� V3. r)i) ';.r843 EXHIBIT "C' • PARCEL °C" PROPOSED LEGAL The West 110 feet of the East 673 feet of Government Bot 3, Section 1D, Township 25 North, Range 2 West, N.H., lying Seut' of'State Road No. 9; EXCEPTING THEREFROM any portion thereof, that may lie within the West 1/2 of said Government Lot 3; ALSO EXCEPTING the right of way of the existing County Road and right of way for State Park Road; TOGETHER WITH all tidelands of the Second Class, ae conveyed by the State of Washington, situate in front of, adjacent to and abutting u \n the above described uplands, in Jefferson County, Washington. \. Situate in the County of Jefferson, State of Washington. [�\4..\\ ALSO That portion of Government. lot 3, Section 10;-T ship'25 North, Range 2 west, W.H., in ..efferson County, Washingtofi, -descr,bed as follows: Beginning at the South 1/4 corner of said Section lq, said point also being . the Southwest corner of eaid Government Lot\l--. running thence North 00° 31' 27' East,, along the-Neat line of said Government Lot 3, a distance of 20.66. feet to a point on the Northerly right of way line of State Route 9, (0:$.'1011, said point being on a curve concave to the Southeast corner and Traci witieb the center of said curve is South 29' 37' 18' East,•2,912.90 feot.diotahee; thence Northeasterly 174.23 feet al�'onl'sai4'curve through an angle of 3° 25. 37' to the tangent of saidrigbt'ef vay line, thence North 63° 46' 18w East, png uaid-right of way line, 156.37 feet to the True Point of Beginning of Beginning aeacriptian; continuing thence North 63 40' IB'..Ea'C a , along said right of way line, 119.40 feet; • I , , ` thence North 49° 53' 30 iept'.511.J4$ feet to the West of Gorernmeat Lot 31 said point begin 840.40 feet• antheily from the Northwest corner of said Government Lot 3; j ^\ thence South 00° 31'% /7 Walt, ong said West line of Government Lot 3, a distanco of 182.91 �t7to,theq most Northerly corner of a tract conveyed to Prank B. Jewell and ona C,Tewoll, his wife, by Martin Lorenzen by Deed dated July 31, 1957,`anc}'recorded under Auditor's Pile No. 154665, . thence South 55° 00'-00-"'East, along the Northerly line of said Jewell Tract, 355.35 feet(—More. or lass, to the True Point of Beginning. Situate in the, ay of Jefferson, State of Washington. F�uZL1716r L.r 674r 0,, ■5t(),?c11.-jt.rur4- , • • ry o 0� P ' . m ON �' re �ti\�t\ GOV'T 216.24• 560.84 660.44 -�� 574.\2 , • .502105005 .. •... aC�/` 1RACT 5 Su8J/EASE. `' ^' gp2'i. 5.00 a. This ske,(eh is ptovid'8 out oh (3e, for yeti( �P info( ��',y t. I I I S s ow . 815. 87387 5( m r. �l`fo th o k Ity including', b I i III d•,.0. tea. min, , oachmeft5e , W ,,s•o r bourutati2694 is not.a par)•ot `nor w 653.70 doss it. moody, the :ommitment or policy-4o_Which\. coo'• 502105004 \.JC` It Is attached. The Company assumes VNO-1.10 ABILIT`\ `1� 5.00 4, W/EASE f' for any matter tolat;reto this skotch.�eiorIce.) y\0: 5.00 a V should be made to actuate Sup/ for%Wrlhet,- 41.0 0. >nlormalion. 14 N\ : / ••42P 861.37 .--897.70. -. ,._,.._. • 425' 760'. tii / / �\ i \,160• l COMMUNITY 502104045 f/� \' -_�/ O PARK COV LOT 3(H275J ; r �.'•, to r. ,,. N Or ST NW((L 5S i / a i E160' &TAX 13) \ �/Ji J I ` ,4,80 e, y,. .L . '^ 502104022 ' \ I t w g i isi tsi 6 n d ° 5.47 a(13(ENLCO) / _� VJ I ^o +CC° $ `�1 el 50210 ( ''/ / J o o'e lb ..2 E CV/0`�ISfX 711i4� r / w u 170V3 V AN, N'Cf.ST HyyT / / Q 4254 40: 9 41 e. 1 / / ry 1 ` ) „\__ / 1 • Im o (rl / / sosiu m n ( i •� 1 // tom ' I0. :GOW'T /// LOT 3 LO r 260• �:;�� ; I 67217' i.m :• S /--50 2 .n. 4 / l\\ d 502504004 �. ` ' I< `( TAX.1 ��' ')LESS TAX 18 \ N (\ `5.900. wA \ �, 7;,....4.'40,} 1sA ; tC',Q M1 1-G ' • w Qj • R):g. • � F. os ay 1 • •) r e w A - ' 4 '4 z,`, ? '•• .•'- A' • • 0.3 7 .56 0 .,• enar ..• aJ5 a. s 056 0, ��e,o• te■♦ _ "� A` vet rJ ,r• W._ , A ., J / . . . . - f . . 4 " 0 . Lu a we?. cgr, 104 ... z ..., -1 1 N ' 1 6 ■1 ... 0 ••• el i Al 2 1 •,•__ ......1 .. › -0,, ,x . : 0 .., .. . . . i . . •. . . . . . • • L.> i . 3 . 0 UJ ... , ••,.. ' '''.•.,,. i..4 iri," ' .. . .. 1:-......„.4..(7:../ ..... : ..a• efri , -.'"---... /I • vq• "-•-■ •,-, _.....• :le f\\\,........q) I,. WI czz... el . • •• rid's. 441 A _ , .... oe 0 .0 4,...ft. • -.., • r-. g\• . - 4:: _ -. # c\tp to . rn, .• ... A ..7.. rri • • •in.,., 4 K ••-• .i. ... '‘.4 ,.•'° (:. ; O. C.) (7,,aliri"\• 1 ) • •.• • \ / '.. *- \ f•CI 'cl 2 C . -.1 \ 2 {6 10 -- 7-70". C 9 9.i 0 '0000O tn rr) CI iZS e \ v...) - ,S.L169 ' o 'D 0 L'Z ) • . . .D. oco .. • : -..•:.:Nlih, . .• \ .. . ..•. , I . •A •. .. • ' . • • 1 •OVOtc CZ tAJ e'''--------<.,‘ 4 ..:•\ A ::.. au , ___ , \ ,\\\/ fr.) 4 . _ ..m. r . J • , . . . . ...--....- -- , . -'--d'.::•.'-',...'`..%■ r: ' lell'h:l.\. / . • '',7 1.-■ ls' .:;...N. ... .10 ' W \ 4 . 0 .• p. , . 0 • 1 0 8 . . 0 . 0 .7 d . 0 i- v) a 0 \ ,c. z N N IT • .o 0 0 6 .S a V q , c9 2 c. 99 ,0 E't g' KJ KI to sn I- 0 O . \ 4, . a • , N t' .. ‘ '..• C711-z IL ' 0 tei ,09 2 •1 ! . ,• 1 v•I 0 " s' 0 a to ..i•.,-1,,:‘, . \ • o . 'o o , ul P- c•0 ''') 1. s. 0' w .09S . " 1‘" .092 : • 'i tO •1/4Ar 1." so i 3„21,010 2 N i'.•16'221 . ,,' li 1 x • ip• ).. 0 Anna Bausher From: Anna Bausher Sent: Thursday, December 18, 2014 12:14 PM To: Carl Smith Subject: BLA Letter Attachments: BLA Appeal Letter.doc Hi Carl, Attached is a draft of the letter you directed me to write concerning the BLA I am working with. I am having a hard time with the code citations for how to reject the application without completing a review and denying it. I have found the code citation where the administrator can approve,deny or condition a permit in JCC 18.40.130(5) under project review. Also, I found that in JCC 18.40.110(5)for incomplete applications, it directs us to JCC 18.40.100 to determine a complete application. From 1CC 18.40.100 it appears that the application has the materials to be complete but that the materials themselves do not met the criteria of a BLA per JCC 18.35.080(4), regarding the statement of intent. I don't know if that is helpful as to how we can issue a notice of determination while still in the 90 days that we have already provided the applicant with to submit a complete application from the incomplete application letter.To me it seems as if the application could be considered complete because the materials are there, but the materials themselves do not meet criteria.The revision to the application needed to approve a BLA I think would be considered substantial revision under 18.40.110(7)and would require a new application too though. I am still unsure how we can provide a decision without the applicant requesting us to waive the 90 days provided,complete the review and deny the permit. Sorry, I know this is a lot of information to be throwing at you. I have added the information and code citations that made sense to me in the letter for you to review. Thank you for your help! Anna Bausher Assistant Planner,Jefferson County Department of Community Development 621 Sheridan Street *Port Townsend,WA 98368 Phone 360-379-4454 *Fax 360-379-4451 abausher@co.jefferson.wa.us 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 RCW 42.56.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 this e-mail unless it is also exempt from production to the requester according to state law,including RCW 42.56 and other state laws. 1 ��soN moo, JEFFERSON COUNTY w : .,,: ; DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sneridan Street, Port Townsend,WA 98368 I Web:www.co.jefferson.wa.uslcommunitvdevelopment 9s.HrVOZO� Tel:360.379.4450 Fax:360.379.4451 I Email:dcd @co.jefferson.wa.us SquareONE Resource Center j Building Permits & Inspections ( Development Review 1 Long Range Planning December 18, 2014 LEON V VOETBERG MARIDEL V VOETBERG 214 WIDGEON HILL RD CHEHALIS WA 98532 JOHN DOWD P.O. BOX 142 BRINNON WA 98320 RE: SITE ADDRESS: 308766 HWY 101, BRINNON WA, 98532 CASE #: MLA14-00088 Dear Leon and John: Jefferson County Department of Community Development staff have reviewed the application materials for the proposed project MLA14-0088 and have determined that the proposal to perform a boundary line adjustment between parcel number 502104006 and parcel number 502104023 is not capable of complying with the Jefferson County Code 18.35.080(4). Therefore, this application cannot be approved for a permit. The current boundary line adjustment proposal as submitted with MLA14-00088 is not in compliance with JCC 18.35.080(4). All parcels involved in a boundary line adjustment must abut one another; as described in the statement of intent in JCC 18.35.080(4), that the boundary line adjustment "does not create any additional lots, tracts, parcels, or division as the land described herein shall merge or be integrated into abutting property presently owned by the proponent." In accordance with JCC 18.10.010 the definition of abutting "means adjoining with a common boundary line or any portion thereof." As the current proposal involves a boundary line adjustment with two parcels that do not abut, this proposal does not satisfy JCC 18.35.080(4). This proposal is not able of be processed and approved without substantial revisions to the application, which would require the revised proposal to be a new application in accordance with 18.40.110(7). Pursuant to JCC 18.40.330(1) you have the right to appeal decisions of the Administrator for Type I permits through a judicial appeal in accordance with ]CC 18.40.340. Pursuant to JCC 18.40.340(2) and RCW 36.70C.040, the notice of appeal and any other pleadings required are to be filed with the court and served by delivery to the county auditor or deputy auditor within twenty-one days of the issuance of the land use decision. Pursuant to JCC 18.40.340(3) Cost of Appeal. The appellant shall be responsible for the cost of transcribing and preparing all records ordered certified by the court or desired by the appellant for the appeal. Prior to the preparation of any records, the appellant shall post an advance fee deposit in an amount specified by the county auditor with the county auditor. Any overage will be promptly returned to the appellant. You can contact me by phone at 360.379.4454 or by email at abausher @co.jefferson.wa.us Sincerely, Department of Community Development Staff c: File I 4�,s0v coG JEFFERSON COUNTY j DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street, Port Townsend,WA 98368 1 Web:www.co.Jefferson.wa.uslcommunitydevelopment ysos' Tel:360.379.4450(Fax:360.379.4451 Email:dcd @co.iefferson.wa.us SquareONE Resource Center I Building Permits & Inspections I Development Review J Long Range Planning November 19, 2014 LEON V VOETBERG MARIDEL V VOETBERG 214 WIDGEON HILL RD CHEHALIS WA 98532 RE: SITE ADDRESS: 308766 HWY 101 CASE #: MLA14-00088 Dear Leon V Voetberg: Jefferson County Department of Community Development staff have reviewed the application materials for the above proposed project and have determined that your application is not complete. The following information is needed by February 17, 2015 to constitute a complete application: The current boundary line adjustment proposal as submitted with MLA14-00088 has been deemed incomplete in accordance with JCC 18.40.110 and JCC 18.35.060. All parcels involved in a boundary line adjustment must be contiguous to one another; as described in the statement of intent that the boundary line adjustment"does not create any additional lots, tracts, parcels, or division as the land described herein shall merge or be integrated into abutting property presently owned by the proponent." As the current proposal involves a boundary line adjustment with two parcels that are not contiguous, given that there are parcels located in- between the two parcels in question, this proposal does not meet JCC 18.35.060. The proposal for this application must be revised to meet the Jefferson County Code or the application may be withdrawn for a partial refund of fees. This application has been deemed incomplete and has not been forwarded to the Assessor's Office or Environmental Health for review. Therefore, the following may not be an exhaustive list of information needed to continue with a revision to this proposal: • Revised proposal of parcels with abutting land to one another for a BLA; • The statement of intent is required to be submitted in a recordable format; • The statement of intent requires notarized signatures by the proponents; • The survey shall represent the full parcel boundaries; • The survey shall represent the location of all septic systems and easements; • The survey shall represent the approximate location and extent of all environmentally sensitive areas designated under Chapter 18.15 JCC. Specific to these parcels are the following environmentally sensitive areas: stream, flood area and a 150'fish and wildlife habitat area measured perpendicular from the ordinary high water mark. Please feel free to contact me regarding this information and how you would like to proceed with your application. You can contact me by phone at 360.379.4454 or by email at abausher @co.jefferson.wa.us Pursuant to JCC18.40.110(3)(a) If the applicant receives a determination that the application is incomplete or that additional information is required, the applicant shall have 90 calendar days to submit the necessary information to the administrator, or to appeal the decision to the hearing examiner in accordance with the procedures for Type II projects. Within 14 calendar days after the applicant has submitted the additional information, the administrator shall again make the determination described in subsection (2) of this section. Pursuant to JCC18.40.110(3)(b), if an applicant does not submit additional information, does not request additional time to submit the required information within the ninety (90) calendar day period, or does not appeal the decision, the application will be considered abandoned and therefore withdrawn and the applicant shall forfeit the application fee. The Department of Community Development shall not be responsible for notifying the applicant of an impending expiration. ISON co JEFFERSON COUNTY DEPARTMENT OF COMMUNITY ds(1�1� 621 Sheridan Street, Port Townsend,WA 98368 I Web:www.co.jeffer; o Tel:360.379.4450 1 Fax:360.379.4451 I Email:dcd@co.jefferson.wa.i, SquareONE Resource Center J Building Permits & Inspections I Develol Wing November 19, 2014 LEON V VOETBERG MARIDEL V VOETBERG 214 WIDGEON HILL RD CHEHALIS WA 98532 RE: SITE ADDRESS: 308766 HWY 101 CASE #: MLA14-00088 Dear Leon V Voetberg: Jefferson County Department of Community Development staff have reviewed the application materials for the above proposed project and have determined that your application is not complete. The following information is needed by February 17, 2015 to constitute a complete application: The current boundary line adjustment proposal as submitted with MLA14-00088 has been deemed incomplete in accordance with JCC 18.40.110 and JCC 18.35.060. All parcels involved in a boundary line adjustment must be contiguous to one another; as described in the statement of intent that the boundary line adjustment"does not create any additional lots, tracts, parcels, or division as the land described herein shall merge or be integrated into abutting property presently owned by the proponent." As the current proposal involves a boundary line adjustment with two parcels that are not contiguous, given that there are parcels located in- between the two parcels in question, this proposal does not meet JCC 18.35.060. The proposal for this application must be revised to meet the Jefferson County Code or the application may be withdrawn for a partial refund of fees. This application has been deemed incomplete and has not been forwarded to the Assessor's Office or Environmental Health for review. Therefore, the following may not be an exhaustive list of information needed to continue with a revision to this proposal: • Revised proposal of parcels with abutting land to one another for a BLA; • The statement of intent is required to be submitted in a recordable format; • The statement of intent requires notarized signatures by the proponents; • The survey shall represent the full parcel boundaries; • The survey shall represent the location of all septic systems and easements; • The survey shall represent the approximate location and extent of all environmentally sensitive areas designated under Chapter 18.15 JCC. Specific to these parcels are the following environmentally sensitive areas: stream, flood area and a 150'fish and wildlife habitat area measured perpendicular from the ordinary high water mark. Please feel free to contact me regarding this information and how you would like to proceed with your application. You can contact me by phone at 360.379.4454 or by email at abausher @co.jefferson.wa.us Pursuant to JCC18.40.110(3)(a) If the applicant receives a determination that the application is incomplete or that additional information is required, the applicant shall have 90 calendar days to submit the necessary information to the administrator, or to appeal the decision to the hearing examiner in accordance with the procedures for Type II projects. Within 14 calendar days after the applicant has submitted the additional information, the administrator shall again make the determination described in subsection (2) of this section. Pursuant to JCC18.40.110(3)(b), if an applicant does not submit additional information, does not request additional time to submit the required information within the ninety (90) calendar day period, or does not appeal the decision, the application will be considered abandoned and therefore withdrawn and the applicant shall forfeit the application fee. The Department of Community Development shall not be responsible for notifying the applicant of an impending expiration. SON co JEFFERSON COUNTY k ' DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street, Port Townsend,WA 98368 I Web: www.co.Jefferson.wa.uslcommunitydevelopment RSho Tel:360.379 4450 I Fax:360.379.4451 I Email:dcd(o.co.iefferson.wa.us SquareONE Resource Center I Building Permits & Inspections I Development Review I Long Range Planning December 18, 2014 r LEON V VOETBERG MARIDEL V VOETBERG 214 WIDGEON HILL RD CHEHALIS WA 98532 JOHN DOWD P.O. BQX-142f BRINNON WA 98320 RE: SITE ADDRESS: 308766 HWY 101, BRINNOWWA, 98532 CASE #: MLA14-00088 / / of�c ck._ my-.• , o o �I 6 ( - . Dear-L+een.a n d drrhrt: I Jeffe County Department of Community De pment staff have reviewed t e application materials for the proposed projeCt-Mb4-4- 88- ave determined that the proposal to perfo m a boundary line adjustment between parcel number 502104006 and parcel number 502104023 is not of complying with the Jefferson County Code 18.35.080(4). Therefore, this application cannot be approved for a permit. The current boundary line adjustment proposal as submitted with MLA14-00088 is not in compliance with JCC 18.35.080(4). All parcels involved in a boundary line adjustment must abut one another; as described in the statement of intent in JCC 18.35.080(4), that the boundary line adjustment "does not create any additional lots, tracts, parcels, or division as the land described herein shall merge or be integrated into abutting property presently owned by the proponent." In accordance with JCC 18.10.010 the definition of abutting "means adjoining with a common boundary line or any portion thereof." As the current proposal involves a boundary line adjustment with two parcels that do not abut, this proposal does not satisfy JCC 18.35.080(4). This proposal is not able of be4pr c ssed and approved without substantial revisions to the application, which would require the revised proposal to be a new application in accordance with 18.40.110(7). Pursuant to JCC 18.40.330(1) you have the right to appeal decisions of the Administrator for Type I permits through a judicial appeal in accordance with JCC 18.40.340. Pursuant to JCC 18.40.340(2) and RCW 36.70C.040, the notice of appeal and any other pleadings required are to be filed with the court and served by delivery to the county auditor or deputy auditor within twenty-one days of the issuance of the land use decision. Pursuant to JCC 18.40.340(3) Cost of Appeal. The appellant shall be responsible for the cost of transcribing and preparing all records ordered certified by the court or desired by the appellant for the appeal. Prior to the preparation of any records, the appellant shall post an advance fee deposit in an amount specified by the county auditor with the county auditor. Any overage will be promptly returned to the appellant. You can contact me by phone at 360.379.4454 or by email at abausher @co.jefferson.wa.us Sincerely, tftila all3fle1G Department of Community Development Staff c: File Ce_s I am hoping you might have some historical knowledge or insight to the sections of 1 ��j� to what is happening with this case.The code is not very clear and we have found sl correction, so things are a little bit messy. I am working on a BLA of two parcel which are not abutting. Here is the very brief series of events: • On November 11, 2014 I deemed the application incomplete and sent letter to applicant for correction to many items, but the mainly for the need of a revision to the BLA for abutting parcels. As abutting parcels are required in the statement of intent. • On December 4, 2014 the applicant contacts me stating he received letter. In the last week I have been in contact with applicant and the other property owner involved in the BLA who has been designated the representative.They do not believe that the parcels are not abutting, partly because they spoke years ago with Al and Michelle who they claim told them they could do this BLA(there is no documentation of this). (c I provided the applicant and representative with their options from 18.40.110(3).They can submit the requested information to make the application complete (this would require revising parcels for BLA), appeal,or withdraw the application for a possible partial refund. �t7 • The applicant is interested in appealing as they believe the parcels are abutting. Following the process for appeals in 18.40.110(3)(a),this would be a Type II project procedure. So that takes us to 18.40.330(2). In 18.40.330(2)(b) it states appeals must be submitted in 14 days after the notice of decision. In a huddle with a phone call to David Alvarez, he indicated that the 14 days would start from the day the determination of incompleteness was issued from my letter to the applicant. (this is where the code is messy as it seems to indicate in 18.40.110 that they have 90 days to submit the additional information or to appeal). So the applicant can no longer appeal the determination of incompleteness as it has been over 14 days. • David Alvarez's advice was to let the 90 days expire and then go from there denying the permit and allowing the applicant to appeal to it. • David Johnson then indicated that this appeal process for a Type I permit would be judicial based off of 18.40.300(1) and 18.40.340 and would go to superior court. Any thoughts?And thank you! en deeming an application complete or incomplete, consider the contents of a complete application versus whether they comply with the code review criteria independently. It sounds like they have a r v.,x5 statement of intent, but the SO!doesn't comply with the requirement that the parcels be abutting? ,„ mJ� XV\j` If they have the contents listed for a complete application (SO!)but don't comply with the criteria for approval(not contiguous), you could still deem them complete, process the application, enter all findings and conditions, and deny for the specific portions of the code where they don't comply. Then they could appeal the decision as a Type I permit. If it truly is an incomplete application because they're missing items (SO!), then follow David A's suggestion. You'd still want to enter all findings and conditions that they didn't meet the code criteria for a complete application and provide findings and conclusions for all criteria for review as possible given the information provided. The last thing you'd want is to have it remanded back to you for completing review of what was submitted. CLAC- ctLar_IAA4 0_4( Zc r i<_ - , rs--72)4-44-- . lY When deeming an application complete or incomplete, consider the contents of a complete application versus whether they comply with the code review criteria independently. It sounds like they have a statement of intent, but the SOl doesn't comply with the requirement that the parcels be abutting? If they have the contents listed for a complete application(SDI)but don't comply with the criteria for approval(not contiguous), you could still deem them complete,process the application, enter all findings and conditions, and deny for the specific portions of the code where they don't comply. Then they could appeal the decision as a Type I permit. If it truly is an incomplete application because they're missing items(SDI), then follow David A's suggestion. You'd still want to enter all findings and conditions that they didn't meet the code criteria for a complete application and provide findings and conclusions for all criteria for review as possible given the information provided. The last thing you'd want is to have it remanded back to you for completing review of what was submitted. Make sure your analysis,findings and conclusions are very, very clear with definitions for why you're concluding the parcels aren't contiguous. Make sure David A reviews the draft Type I decision before issuing in case he feels we should provide more clarification. 578682 PGS : 4 EASE DB128/2013 02.42 PM $125.00 LEON VOETBERG • Jefferson County WR Auditor's Office - Donna Eldridge, auditor ■III Fa11 1011.iY41k 1141144GM9X11.10ftY4rIl 11111 RETURN ADDRESS !eon V -'-tb' • vdi CUheh• WA (3g32... Please print neatly or type information DOCUMENT TITLE r [P1 1 a- tcl 0, ciAA ,hn tt ,-A REFERENCE NUMBERS (S) OF.RELATED D 1 .' 4 Li ' •.'.,i.,i. •eference Vs on page GRANTOR (S) (Last, First and Middle Initial) L- oyl 0,nd VY1 rt>'i Oki Vc ` • Additional grantor on page GRANTEE (S)(Last, First and MirJc f Init al 0 • if OA int l MBAdditional grantee on page LEGAL DESCI form: i.e.lot,blodc,plat or section,township,range,quarter/quarter) Alfj3 c- td -25 NI f2...2 \ i V � t -1- Lo ec t O 2 S N • (2 . 2 Additional legal on page_!_ ASSESSO -"T'Or TY TAX PARCEL/ACCOUNT NUMBER 0210 • • Sr-0 '1I0 02 ; 5()2.1o1-4 Oaa, Additional parcel Vs on page Au for ecor ill rely on the information provided on this form. The staff will not read the document to ri racy or completeness of the indexing information provided herein. �.�I am ng an emergency nonstandard recording for an additional fee as provided in RCW 36.18.010. I Loderstar t the recording processing requirements may cover up olr otherwise obscure some part of the text of hegirial ument. Signature _ r4 le 2t* Date /�" �2 JI 578682 Page 2 of 4 08/28/2013 02:42 PM r Reran Address: Leon Voctbcrg 214 Widgeon Hill Rd. Chehalis,WA 98532 NO REAL ESTATE EXCISE TAX REQUIRED JEFFERSON rUNIXTREASURER DECLARATION OF EASEMENT ` GRANTORS: Leon and Maridel Voetberg GRANTEE: Aaron Boling GRANTORS PARCELS(abbreviated) Portions of Gov't Lot 3,Sec.10,T15 N.,R.2 W.,W.M.,Jefferson Co., \ erly SR 101.also known as tax lots 14 and 15. \/ GRANTORS TAX PARCEL NUMBERS: 502104023&502104025 \) GRANTEES PARCEL(abbreviated): N.560 ft.of W.425 ft-of Gov't. Lot 3,Sec.10,T25 N.,R2/,W�MW.M Jaa(te C,WA,also known as tax lot 13. +/\ I/ GRANTEES TAX PARCEL.NUMBER 502104022 —, \ J J Whereas,the parties hereby agree to extinguish that easement described and conveyed ender Jeff 61.Audbr's No.286264,and which is to be supercooled by an easement,30 ft.in width for ingress and egress,beneficial to the \ his hei and successors,over that portion of the grantor's property being more particularly described as follows: \ Commencing at the most southweste rlycornerufTaxLot15.Gov't. Sec.t0,T.25N.3t:7W_WM,Jefferson County,WA,saidTax Lot 15 being displayed said described on survey recorded under Vol 35 of Suite'e, sges 433-434,Records of Jefferson Co,WA;Thence N 54-17-55 W along the southwesterly bamdary of said parcel for a distance of 1723 and lathe centerline of a 30 ft.wide ingress d egress easement and the Point of Beginning; Thence N 65-11-06 E along said easement centerline,parallel wit}t-the s'ettli city boundary of Tax Lei 15 fora distance of 4236 R.;Thence N 2745-06 W along sad easement canesline fora distance of R1.89 ft.:T 142.04 g E along said cowman centerline fora distance of 54.62 ft. to the northeasterly boundary line of said Tax Lot 15;Thence continnmg-N22-04=-SS Eaaug said easement centerline.parallel with and 15 ft.east of the east boundary of Tax Lot 16 of Said Gov't Lot 3,for a dtsr@nce of$02,9Q'ft/to the south boundary,of the N.560 ft.of the West 425 ft.of said Gov't. Lot 3,also known as Tax Lot 13,and the terminus of ea c�t. \./ ; } r II ,, c e0 13 Leon Von. : t Dat \ . 'del Voetberg GRANTEE: /t��. -: 0 A:,. .mg No WADE R. JOHNSTON STATE OF WASHINGTON NOTARY PUBLIC MY COMMISSION EXPIRES Stye of Washington ) r \ 07.31-16 County of J� .'0 s~( /I On this y of - ,personally appeared before me. Loon Voetbesg and Mandel Voetberg.to me known to be the individuals described in ho within imtrument and acknowledged that the signed the same as their free and voluntary act and deed for the uses INap , ,I have hereunto set my hand and Armed my official seal the ear-' " certificate first above written. ` 'tA._R f Notary Public tate of Washington / Residing at 578682 Page 3 of 4 08/28/2013 02:42 PM state c4 washington) ss e� County of \C- IIf IA 1- On this L ` day of ft- ' ,2013.personally appeared before me,Aaron Boling,to me known to be the individual described in and who executed the within instrument and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. IN WITNESS WHEREOF,f have hereunto set my hand fixed my official seal the day and year i 's certificate first written. Notary Public i and for the St/k of Washington Residing at R. JOHNSTON STATE OF YVASHINGTON NOTARY PUBLIC O MY CO'NNISSIONEXPIRES 07-31-18 'cNN 578682 Page 4 of 4 08/28/2013 02:42 PM EASEMENT DETAIL BOLING o CENTERLINE EMENT TAX LOT 13 OTAX LOT 16 � C 7--?---� VOETBERG silk. TAX LOT 14 CENTERLINE OF 30 O FT. WIDE INGRESS & EGRESS EASEMENT I I ERG x OT 15 414444101t1:00:.> J I C cA o �� EASEMENT POINT � d 1� OF BEGINNING 5 • 48 Pt C•�IA f _ 1. '> C. 1�T�� 'pC Kr LINE TABLE R V 1'ERS Y) LINE LENGTH BEARING Ey I M �\ —r __ L1 17.23' N 54'17 5s W . OSP ,:/� LAND MtVEYING ANT) MAPPING L2 42.36' S 65'11'03• W ._ Sss 1422 N.W5TH Sr.. SEATTLE. RA 98117 L3 81.89' S 27'45'06' E :!:;x':.. 206.297.0996 L4 54.67 S O2'04'58 W ' ' 206' '0997 15 502.90' S 02 04'58' W DAT /f/3 RRV CHADRICKW1NTERS.COY • 578981 PGS : 4 EASE O9I09/2013 11:38 Aft $75 00 FIRST fi11ERICe1 TITLE Jefferson Courly WA auditor's Offac• - Darn Eldridge, Aydltor When recorded return to ■1I1MAWRl++IClici.I1Kik,MYLINuVIt Yak 11111 THE TILLER LAW FIRM ) Laurel L. Tiller ) P. 0. BOX 58 ) CENTRALIA, WA 98531 ) ) NO REAL ESTATE EXCISE TAX REQUIRED JEFFERSON COUNTY TR .5559 ay: ..... lip,._ EASEMENT FOR PIPELINE 0 REFERENCE NUMBER: O GRANTORS/BORROWERS: VO ":ERG, LEON, and VO' = RG, MARIDEL, hu-•-nd and wife GRANTEES/ASSIGNEES/BENEFICIARIES: r'SH BRINNON, LLC LEGAL DESCRIPTION: PTN Gov. Lot 3, Section 10, Twp 25N, Rge 2W, Jefferson County /� ASSESSOR'S TAX PARCEL NUMBERS J } 502104023 The GRANTORS, LEO : and MARIDEL VOETBERG, husband and wife, in consider:t'on • the mutual promises herein, hereby grant and conv-. - BRINNON, LLC, a Washington Limited Liability Co ,.. y, G" , a non-exclusive, perpetual easement for the con- ion • a pipeline to attach to a septic system, over and unde th- •llowing strip of real estate: A s ' • real estate, 20 feet in width whose South-r- .r.0 dary is the Southern boundary of Tax Lot 14 •f - -se -or's Parcel Numbers 502104023 and 50210424 a d c•.t encing at the junction of SR 101 and the th- •st corner of the adjoining Tax Parcel 15, 'a -el umber 502104025 and traversing Easterly along t ••undary of SR 101 to a point that is directly • t of the Northeast corner of Tax Lot 9 all as oc-ted on the following real estate: See Exhibit A attached hereto. The terms and conditions of the easement are as follows: 1 578981 Page 2 of 4 09/09/2013 11:30 AM 1. Use of Surface: The Grantor reserves the surface of the real estate under which the easement traverses for such uses as do not interfere with the construction, maintenance and repair of the pipeline contemplated herein. 2. Servient Estate: The servient estate is the strip of real estate described above. 3. Benefitted or Dominant Estate: The benefitted estate is the real estate of Grantee, Parcel No. 502104025, Tax Lot 15, directly adjacent and to the Southwest of the servie . estate. 4. Purpose of Easement: The purpose is to in t- 1, when and if needed, a pipeline for its connecting to -. dra -'eld on the benefitted estate from facilities South • t - :e .vient estate and located in Tax Lot 9. 5. Depth: Any pipeline that is inst.4lec:2' .. l be to a depth that will be consistent with crops or fa '4in. activity on the surface. 6. Conditions of Premises: .., any original construction or later repairs or ec.ns ctjx5n, the servient estate shall be returned to its o i.inal ' .ndition that existed prior to such construction, recons ction .r repair. 7. Binding on Heirs: This a. ee - -hall be binding upon the heirs, executors, administrators . • assigns of the parties hereto. This easement is int. . -d to run with the land. There is no monetary consi. - - 'on being paid exclusively for this easement. IN WITNESS WEHREd is ea'2- ent was signed this 30th day of August, 2013. GRANTORS: OLAN VOETBERG - �Q/G(O i dt.rie,,O MARIDEL VOETBERG STAT •F W', GTON ) : ss O YO EWIS ) this day personally appeared before me, LEON VOETBERG • •d i• ' DEL VOETBERG, to me known to be the individuals .-sc i.-d in and who executed the within and foregoing ins ent, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. 2 578981 Page 3 of 4 09/09/2013 11:30 AM GIVEN under my hand and official seal this 3U+kday of /4(.4(vcr- 2013. :app W p/t,,� ''..'- (3.-u.rt l eeuer s �uyy , Not-Q1 ublic in and for the 3 Stat- Washington, residing �+ at '�o-P¢dp . My appoint- �,1 3-2 -' ' ment expires 7 '��wA Print Name •. W"k.,e_ 0 a ri 0 0 0 o� 0 411411111111P111111111111P: a 41111111b141111111111P 3 578981 Page 4 of 4 09/09/2013 11:30 AM EXHIBIT "A" LEGAL DESCRIPTION: That portion of Government Lot 3 in Section 10, Town: • North, Range 2 West, W.M. , described as follows: Beginning at the point of intersection of the i e • said Lot 3 with the Northwesterly margin of State Road No 9 thence Northeasterly, along said Northwester) m- g p 450 feet to the true point of beginning; thence Northwesterly in a straight line t. •.l.t .• said West line distant B40 feet South of the Northwest co said Lot 3; thence North, along said West line, t• . ••1 t -reon distant 560 feet South of said Northwest corner; thence East 465 feet; thence South 270 feet; thence East to the said Northwesterly • . of State Road No. 9; thence Southwesterly, along sal. Northwes -rly margin, to the true point of beginning; EXCEPT that portion thereof, if lying within the West B0 feet of the East 160 feet of said Lot 1-- northerly of said highway; ALSO EXCEPTING THEREFROM that .. t'.n described as follows: Beginning at the point Oi>' to sedn•ion of the West line of said Lot 3 with the Northwesterly mar o ate Road No. 9; thence Northeasterly al.-- _ • Northwesterly margin, 450 feet to a point designated as "P. A^ -rein for description purposes; thence Northwester i . s. right line to a point on said West line, distant 840 feet o h . - Northwest corner of said Lot 3 and the True Point of Be2 thence North al., . _ --et line, 260 feet; thence East, . . thence South •a - • said West line, 260 feet; thence West, 2.0 -et • the True Point of Beginning; Situate in t. - of Jefferson, State of Washington. a i 111111 11ff IIH I fl llIilI 0 l I 41256 • Jefferson County MU�TI 63. NP JOHN DOND JR TI 53. 04:42P II00 RETURN ADDRESS Te1+IV pok!C' f , gox 14-2 Q .iti!00N wA 9 It' 3- _0 Ns RE, EST EX01yA�C ' DUI Please print neatly or type information JEFFE: • CO TR URER DOCUMENT TITLE CAStilq N1--- f- AG-feC EMC-0\1 r REFERENCE NUMBERS (S) OF REL A(-r -j D D�C}UMENTS \- V-Additional Reference#'s on page GRANTOR (S) (Last, First and Middle Initia e .tiEKAr r N AKCo K_s-TorE Pft ' 0 _ ` Additional grantor on page GRANTEE (S) (Last, t an M Irytial) °b N Ub w ,411/4 Additional grantee on page_ LEGAL D 1 ION (Abbreviated form: i.e.lot,block,plat or section,township,range,quarter/quarter) s' ip' Kzw C (:::-,„/ Additional legal on page • Y \\WS PROPERTY TAX PARCEL/ACCOUNT NUMBER U A0 00 . Additional parcel#'s on page The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. 11111111NIMIE111011 I 48125642P Jo f County, WA JOHN DOWD JR ILLTI 63,00 STATE OF WASHINGTON PARKS AND RECREATION COMMISSION Rex Derr,Director Pleasant Harbor State Park Underground Sewerline Easement and Agreement#2003-10-629 THIS AGREEMENT is made between the State of Washington,acting Ilitt gh the WASHINGTON STATE PARKS AND RECREATION COMMISSION,as grantor(he -'.= • rte")and John Dowd,an individual(hereafter"Grantee"). AUTHORITY O State is acting under those authorities granted to State and descri u .e • . 79A.05.070, and Washington State Parks and Recreation Commission actio o Ma 20. The easement granted hereunder is granted subject to and conditioned th• • o ••g terms, conditions and covenants which Grantee hereby promises to observe rfo • •• .-1 lly and fully (collectively,the "Agreement"). EASEMENT 1.0 Conveyance. State, for the considerate. 1 •, cribed in Section 1.3 below, hereby conveys and quit claims to Grantee a non-exclusive,n. 1-• • . e easement over a parcel of land legally described as follows: /� That portion of Governmen*Nit,= tuns , 0,Township 25 North,Range 2 West, W.M.,in Jefferson Coun . . •eng a strip of land 10 feet in width lying five feet on either side of t• • •f the pipeline as installed along the side of the existing park road .n.roxi, ely as shown on Exhibit A(hereafter "Easement Area" 4'1-th - right of ingress and egress as reasonably necessary for •• . This easement sup: -` .. • • • ec•rded Underground Sewer Line License granted January 12, 1984 to Steve Bolin: pr.•ec- "• - in interest to Grantee. 1.1 Limitatio• a :a.-. State will at all times have the right to erect fences on, over or across the Ease a or any part thereof and to occupy the Easement Area with State's facilities and eq.ip ; . ovided,however, that State provides alternate access points to Grantee. 1 - -s easement shall be for a term of thirty(30)years from the date of last signature .. •: li. - -nated as set forth herein. Easement and Agreement#2003-10-629 Page 1 of 15 lt11111111111111114021781201320V450684.42P JO!f.rson County, tip JOHN DOWD JR MULTI 63.00 1.3 Consideration—Lump Sum Payment. Grantee shall pay the sum of$140.00 as consideration for the easement granted herein. Payment shall be due upon execution of this Agreement by Grantee;this Agreement shall not be valid until payment is made to State. 1.4 Appurtenant Easement. The easement granted herein shall be deemed appurtenant to real property in Jefferson County, Washington,located approximately as shown in Exhibit A and known as the Grantee's home,a single-family residence,tax parcel #502104006 ite address 308713 Highway 101,Brinnon,WA 98320(hereinafter"Benefited Parcel"). 1.- :: is attaching to the Benefited Parcel are indivisible. Should the Benefited Parc •e •b equently subdivided or parcelized,owners of additional parcels shall not be entitled • - i e . e rights granted herein. 1.5 Title/Disclaimer. The rights granted herein are subject to pe ,Yeast licenses and easements, if any,heretofore granted by State affecting the prope• ' S i .',.. t• is Agreement. Further, State does not warrant or imply that the Easement Are. 1 iiiib - fo . tee's intended use. PURPOSE AND SCOPE OF EASEMENT 2.0 Permitted Use. The easement granted pursuant s i' • u Bement is for the purpose of and is limited to operating,maintaining,reps •s _,replacin_,and using an existing underground, 1-1/4 inch diameter sewerline("Facilities"he ;•n . .•d sewerline is to serve only the Benefited Parcel and used only to carry sewage effluent fro • : tee's home to a disposal site north of State Highway 101. Grantee may not exp. • s ••s :• • modify the purpose or scope of the easement granted herein without Sta 's p i s• onsent,which shall be at its sole discretion and shall be subject to ap' : I II II I 1111 ll I Jefferson Canty, 4R JOHN DOWD JR MULTI B3.00 including easements and leases, so long as any such right granted to any third party,or the exercise thereof,does not unreasonably interfere with the Grantee's rights. In the event State elects to exercise rights provided by this reservation, including future grants to third parties,State shall give written notice to Grantee of such election. 3.1 Use of Area by State. Grantee has been advised and is aware that(a)State is using or intends to use the Easement Area and adjoining park property for recreational p. purposes; (b) new park facilities may be constructed in addition to or in replacement of such i;ties already existing; and(c)construction of such new facilities may require the installa •a- • o. a s and other fixtures or improvements over,upon, across and under the Easement • •- : . d,i, addition, may require the location of structures with permanent foundations withi e • : em- t • -a. Nothing herein prevents or precludes State from undertaking construe i.n, ' . ation and use of the Easement Area and adjoining park property, and State will n. a e •: . • to .0 antee or any other party for loss or injury resulting from any damage or de • ion .f r. - -'s Facilities directly or indirectly caused by State's use of the Easem- • • e:, ..''o• •'g park property,or State's facilities on the Easement Area or adjoining p-, . 'perty, - . : sting for loss or injury which results solely from State's failure to exercise r . •onable . - not to damage or destroy Grantee's Facilities. Further, State shall not be liable to Grantee f. : 1 y increas cost to Grantee of maintenance, repair or replacement of its Facilities due to S - •e and development of the property. INSURANCE,WASTE AND ENVIRO it '' • ► • :ILITY 4.0 Insurance. At its own expense; •o ant e . procure and maintain during the term of this Agreement, and require its contrac = . -= tractors, or other permitees to procure and maintain while operating on the E.-.e - t - the insurance described below. All insurance shall be purchased on an occu - c: bas'., , d be issued by a carrier admitted by the Insurance Commissioner to do busin�s • t - .. : o Washington. Commercial _-' f ia0 Insurance written under Insurance Services Office(ISO) Form CGOI 01 • . -• iva t with limits not less than$1,000,000 covering liability arising from sr- • se , sp., .tions, independent contractors,personal injury,products completed an •a.' 'ty a- umed under an insured contract. Physical • D. • age Insurance. Insurance covering all real and personal property located nor co s ituting a part of the Easement Area in an amount equal to at least one hundred a 00%)of the replacement value of all improvements on the Easement .. ...... , - .- of ownership). Grantee may obtain such insurance on an"Agreed V. 0e .. . Such insurance may have commercially reasonable deductibles. Any co- . s •: ce • a visions of the policy will be endorsed to be eliminated or waived. ■ ark= ', Com.-nsation Insurance. State of Washington Worker's Compensation •iv:rage, as applicable, with respect to any work by Grantee's employees,contractors, s-b•ontractors,or other permitees on or about the Easement Area and on any •rovements. Easement and Agreement#2003-10-629 Page 3 of 15 11111111111 ltl I I 1111111h 111 11111111 4812!6 • 02/20/2004 04:42P Jefferson County. MIA JOHN DOWD JR MULTI 63.00 4.1 Terms of Insurance. The policies required under this section shall name the state of Washington,Parks and Recreation Commission, as an additional insured. Grantee shall provide to State a certificate of insurance and,if requested, copies of policies, from the Grantee's insurer certifying that coverage in not less than the above named amounts is in force and that,in the event of cancellation or modification of such coverage,the insurer shall give State thirty(30) days' written notice prior to any cancellation or modification. State's receipt of such certificates or policies does not constitute approval by State of the terms of such policies. • -se notices shall be sent to State as required by Section 6.9,Notices and Submittals. The p• 'c'.:s shall reference State's easement number. Further, all insurance policies described in this section shall contain an - . aiv- o: any right of subrogation by the insurance company against State and Sta - - • em: .yees,or agents;and expressly provide that the insurance proceeds of any loss s • •_ • • able notwithstanding any act or negligence of Grantee which might o - -rwi - 'n a forfeiture of said insurance. (2) 4.2 Self-Insurance. In lieu of the coverage require• • : Sec... . - ,.0 and 4.1,the State at its sole discretion,may accept evidence of self-insuranc •■ the • .ee,provided the Grantee provides a statement by a CPA or actuary, satisfacto t• e S ,to that demonstrates the Grantee's financial condition is satisfactory to self-ins - any o I e required insurance coverages. The State may require the Grante, . •rovide the above from time to time to ensure the Grantee's continuing ability to self-insure. • y time the Grantee does not satisfy the self-insurance requirement,the Grantee shall •in -• • - purchase insurance as set forth in Sections 4.0 and 4.1. Notwithstanding any� -in • • •e by the Grantee, it is the responsibility of the Grantee to ensure that its con• :ctor' :, • 4en . operating within the Easement Area on behalf of the Grantee carry the requ • s 4.3 Waste. Grantee shall not .0 =or t any filling activity to occur in or on the Easement Area,except as • • .rov- • in a•v. ce in writing by State. Grantee shall not deposit refuse, garbage,or other •• e •• o•on the Easement Area. 4.4 Hazardous S .. "Z *• shall not,without State's prior written consent,use,• store, generate,pro, i •• ,h dle,treat,release,or dispose of any hazardous substance or other pollutants in o •• •e E. •ent Area. CONSTRUC 0 0 ' , TION AND MAINTENANCE 5.0 Plan of ■evil)" ,ent. Existing construction is approved; new construction is subject to approval. • t le.. 7F(30)days prior to any development or the construction of any and all om leted Plan of Development to State for its written Facilities-, t . • -e .11 submit ac p p a.. .v. . • eri ication. State's approval will be contingent upon acceptance of the Plan of De.-lo. . e ' , the applicable authorities. The Plan of Development shall include,without -mitatt• , e following: Easement and Agreement#2003-10-629 Page 4 of 15 I I II 1111 [1111 I .zP Jefferson County, WA JOHN DOUD JR MULTI 63.00 a. Map showing areas to be developed, location of Facilities and location of utility and other easements; b. Land clearing,leveling and erosion control plans; c. Specific physical characteristics,technical specifications and components of Facilities; d. Schedule of completion dates for Facilities components; and e. Detailed description of activities to be conducted in the Easement Area. No new construction,reconstruction or development of any kind may take place in the Easement Area prior to State's written approval of the Plan of Development • v•A cation that Grantee has obtained all applicable permits. State will notify Grantee in wri : • verification of permits and approval of the Plan of Development. Nothi • 's Agr- , ent shall be deemed to impose any duty or obligation on State to determi - 1100. ac sufficiency of Grantee's Plan of Development or to ascertain whether ok: . s onstruction is in conformance with the Plan of Development and Facilities Speci atio a..•ro by State. During construction and maintenance, Grantee shall m- ••• e s•ilo and damage to soil. Grantee's equipment shall not be operated when gro •d •ditio uch that excessive soil damage or erosion will occur. In case of incomplete i .rovem.n or development, Grantee shall restore the Easement Area to its original conditi n, • Stat..d:termines it to be in the best interest for managing the Easement Area. 5.1 Timing and Duration. Unless otherwi ap. .ved in writing by the State,Grantee shall conduct all work prior to May 15 and after S- • e •er of each calendar year,and the duration of construction activities within the Easem. • - : s': not exceed two (2)weeks. Grantee shall pay State one hundred U.S. dollars ,�00.111 U e- ,or fraction thereof,that construction exceeds this approved constriction .: • :. Except in the event of an emergen• o.wit . .te's prior written approval,it is understood that construction access shall b,ec,onf, to ,a light hours and is strictly prohibited on weekends and holidays. The speed Iimit '0 • t'e a:. i: 10 m.p.h. Pedestrians shall have right of way over vehicles at all times. ' . e z right to further condition, limit or restrict the timing and duration of Grantee' ..• ivit-s a -'s sole discretion. 5.2. Tem.o . ' •s . - fo . se. If at any time during the term of this Agreement Grantee damages State's pro. ' ;. that it interferes with normal operation of the park or causes excessive dama:- t. na .r. -sources,roads or other facilities,determined at the sole discretion of the State,S . e' I.se access to the park until Grantee remedies the situation to the satisfaction of is understood that there is no recourse against the State for any losses incurred d. • down. 5 6 . �.s on ... Im.rovements. All improvements not included in the original permitted us • • - .�.�'•ent Area,or as otherwise approved in advance in writing by State, are •rohib -• , d may be cause for termination under paragraph 6.10 Breach or Default. • .rove - is placed within the Easement Area without State's prior written consent shall Easement and Agreement#2003-10-629 Page 5 of 15 II 111111111111 MI i 11111111 48125642v Jefferson County, WA JOHN DO1D JR MULTI 53.00 immediately become the property of State or at State's option,may be required to be removed by Grantee at Grantee's sole cost. 5.4 Facilities Specifications. Grantee shall so place,protect,and bury the Facilities as to allow the unobstructed movement of any equipment or materials across the surface of the Easement Area and shall install the Facilities at such depth as to not interfere with State's normal and usual use of the Easement Area. Grantee shall bury the Facilities at a mini • depth and shall mark the location of the buried Facilities as required by the applicable reg . •ry and permitting authorities or as directed by State. If Grantee fails to place or bury the Facilities according to the Facilities: •ect atio • as otherwise approved in writing by State, Grantee shall hold State • : fro•• . y A. s all damage to the Facilities. Further,Grantee shall indemnify, defend an' t o : • • • less State against all claims or liabilities resulting directly or indirectly fro • r. a .: ure to properly place or bury the Facilities per the Facilities Specifications and • • e - • s contained in this Agreement. State may require Grantee to relocate - .cil'ti-. event that they interfere with State's use of the park. State reserves the right to inspect the`open trench"d ' : cons tion to ensure compliance with the Plan of Development,permits and Facilities . -et- .ti• • . Grantee shall take precautionary measures necessary to ensure t• afety of par visitors during construction. 5.5 Timber and Vegetation Removal. No t' b o •ther vegetation may be cut or removed without the prior written consent of and co• • a o • State according to the policies of the Washington State Parks and Recreafictii C• flri#Sipn If Grantee cuts or removes timber or vegetation,all subsequent growth shall Ntt...-I : t�o-S •te. Grantee shall not eradicate by broadcast brush spraying, or other methods of re tmber or v egetation on the Easement Area. Grantee shall take all reasonable p--ca • protect timber and vegetation. Any damage to timber or vegetation not previous y auth•n'ed by State shall be paid for by Grantee at triple the appraised value as dete •a •y.to the event Grantee injures or damages timber or vegetation while respo t • • . :, ncy such as,but not limited to, a fire, flood,or Facilities failure,or . 4 re. : • the Facilities, Grantee shall immediately thereafter restore the ground • • • a a di on,including but not limited to replacement of any such timber or vegetation o S .te's - ..onable satisfaction. 5.6 Damage. . t- -, • exercising the rights granted herein, shall repair or cause to be repaired,at its •1- cos. . d expense,all damage to improvements on State lands occasioned by it, which is in e e • ' • .t which it would cause through normal and prudent exercise of such rights. 5 • - • .Or Upon completion of the work authorized herein,Grantee shall immediately res it - ••e7.111itt e7.1 e of the Easement Area as required by State. Easement and Agreement#2003-10-629 Page 6 of 15 1111111111111glign11141111Pon!!!!42p MULTI 63.00 Jotfor.on County, WA JOHN OOWO JR 5.8 Survey Markers. Grantee shall not destroy or disturb any survey markers(including but not limited to corner markers,witness objects,or line markers)without State's prior written approval. Markers that must necessarily be disturbed or destroyed during construction shall be adequately referenced and replaced in accordance with all applicable laws of the state of Washington,including but not limited to RCW 58.24,and all State regulations pertaining to preservation of such markers. Grantee shall re-establish such markers using a licensed land surveyor or public official as prescribed by law according to U.S. General Land r, ice standards at Grantee's sole cost. 5.9 Response to an Emergency. Nothing contained herein shall prevent s :.• ee fr. responding to an emergency relating to the Facilities on the Easement ' , •vide,4en tee immediately provide written notice to State of said action. lb 5.10 Aerial Application. The aerial application of pesticides, ':h ec ••I • . • herbicides is prohibited. CD 5.11 Wetlands. Grantee shall not cause damage to . . 3 ■uct m • mg of any wetlands without the proper written authorization from the a. . o•riate g•v; ent agency and without receiving prior written approval from State. 5.12 As-Built. Upon State's request, Gran shall promp i y provide State with as-built drawings showing the location of the Facilitie ..a Easement Area. Grantee may provide State with a GPS survey recorded as a digital file on a •�• •:.t disc showing the location of the facilities on State's property. Said survey s . . . . •n either the decimal degree or NAD 83 Washington State Plane South coord ate . t- a, sr hall be formatted as an ArcGIS shapefile of points. v 5.13 Work Standards. All wor se '.rm Grantee shall be in accordance with the Plan of Development submitted to and asp •v.. . State and shall be completed in a careful and workmanlike manner to State s.•'s '. •,free of claims or liens. Upon completion of construction,and upon off,. - • • o subsequent work performed by Grantee, Grantee shall remove all debris an • tor- th- - : e of the Easement Area as nearly as possible to the condition in which• • th- o encement of work. 5.14 Cash Bond. ' • to onducting any construction work in the Easement Area, Grantee shall deliver to • - Stat- . c: bond or savings account assignment in the sum of$5,000 or make, execute • deli e, a good and sufficient bond,with two or more sureties,or with a surety company as stir- y, -ty bond or savings account assignment shall be conditioned upon the Grantee's .ith . . ..lance of this permit and all obligations arising hereunder. In the event the Gr. . : : fai : o efuses to meet Grantee's obligations to the satisfaction of the State,the State wi •o wai -r or any other or further right of recovery, satisfy such damages as may be su` - :• by e .tate by withholding such amounts from the cash bond or by recovery against the savin: . ••unt assigned or the surety or sureties. No activity is to begin at the park prior to -ipt o e bond,surety or savings account assignment required herein. Easement and Agreement#2003-10-629 Page 7 of 15 tit IIII0I III I 111 II III II III I .II II 48125642P Jeffsraon County, WA JOHN DOWD JR IULTI 83.00 5.15 Removal of Improvements and Equipment. All Facilities which remain upon the Easement Area sixty(60) days from the termination or forfeiture of this Agreement, shall become the property of State and be considered a part of the land upon which they are located; provided,however,that any time within sixty(60)days after the termination or forfeiture of this Agreement,Grantee shall be entitled to remove the Facilities; or, State may require Grantee to remove the Facilities,at Grantee's cost. All tools,equipment and other property not permanently affixed upon the land by Grantee shall remain Grantee's property but shall be re• oved within sixty(60)days after the termination or forfeiture of this Agreement- 5.16 Inspectors. State may appoint one or more representatives to serve - '•ecto to oversee work performed by Grantee in the Easement Area. Grantee sh•, not , o . .y work unless it has given such notice thereof as State has requested so as to . • fo e p ,- nce of State's inspectors. Grantee and its contractors and subcontractors sh. •r. 1, and fully comply with all orders and directions of State's inspectors,inclu•••g • . t •• itation, cessation of work,and Grantee's construction contracts shall so p • •,. Gr. =f- shall promptly pay State's charge for such inspectors,including salary, •. l, n. . 4 expenses. 5.17 Archaeology- hi the event archaeological, cu . or h'ti • 'c resources are found or unearthed during any work or construction,Grantee . comp' 'th the provisions of RCW 27.44 and RCW 27.53 and the rules of the Office of , . -• •a al and Historic Preservation. Upon discovery of any such resources, Grant hall imm-•la ely stop work and notify State. 5.18 Appearance of the Property. Grantee sh the Easement Area in a neat,clean, sanitary and safe condition,and shall keep 8 Area,the Facilities and all items therein installed by Grantee in good conditioq, ex e• y reasonable wear and tear. Grantee shall iiitzliip store all trash,refuse and waste ma o . ' o t„ constitute a nuisance, in adequately covered containers,which are not visible to the • r 8 •lic. 5.19 Monitoring. Grantee sha t-st • .d onitor the Facilities as may be required by the appropriate regulatory autl{oi k o b a t-. Test results shall be submitted to State at State's request. State reserves 4 • ri_ testing at any time on any portion of the Facilities system. GENERAL TE ' - D I i l ITIONS 6.0 Com•li. ,Alath, • . . and Re. lations. Grantee shall comply with all applicable laws, including all f- • - : county and municipal laws,ordinances, and regulations in effect,both current and fu . +• : Permitted Use of the Facilities. Grantee shall so comply in a timely manner • • at • - pease- iiiiio 6 z• : hip d Maintenance of Facilities. The facilities authorized herein shall be co• •us o • ed and maintained by Grantee at Grantee's sole expense. Easement and Agreement#2003-10-629 Page 8 of 15 I! III lllllill1;llllII 1111111 l 1118. 1102,5r ! J.flir•oo County, WA JOHN DOWD JR MULTI 63.00 6.2 Assignment. This Agreement,or any of the rights granted herein, shall not be assigned without the State's prior written consent,except that the rights granted herein may be used by any employee,contractor, or representative of Grantee while engaged in Grantee's operations. In processing a request for assignment, State shall charge Grantee its administrative costs and require additional compensation for any additional use or user. In the event the State consents to the assignment of Grantee's interest in this Agreement,the State reserves the right to unilaterally amend,or terminate and replace,this Agreement to accommodate any change in •ircumstances, conditions or parties. These rights are in addition to and not a limitation upon -'s discretionary authority under this Section. 6.3 Successors. The rights and obligations of the parties shall inur t - bene if and be binding upon their respective successors and assigns. 6.4 Forfeiture. Should Grantee cease to use the Easement Ar=. o .. - • ••ses specified herein for a period of two (2)years, Grantee's rights within the t Are. - all revert to State,and the Easement Area shall be freed from the eas- - t %tow complet ely as if this Agreement had not been entered into;provided,howe - .. ex .if time maybe granted upon written request prior to the expiration date of s. d o(2 .4 -- period and upon such additional terms and conditions as may be specified .\ ` .te; s terms and conditions shall include State's right to modify the consideration due S r. e c. shall include,but not be limited to, additional charges for administrative cost d appreciation of land and valuable material. 6.5 Termination. In the event that this Agr -m= terminated for any reason, Grantee's rights within the Easement Area shall imm,I'- e • e' to State, and the Easement Area shall be freed from the easement as fully�qd c. • if this Agreement had not been entered into. v 6.6. Release and Indemnity. G-. do eby release,indemnify and promise to defend and save harmless State from an a,ain . y and all liability,loss,damage,expense, actions and claims,including costs . • . . o .b = . • eys'fees incurred by State in defense thereof, asserted or arising dire• or out of acts or omissions of Grantee and Grantee's servants, agents, em jct.,-es d . . .ctors in the exercise of the rights granted herein; PROVIDED,HO 'gray aph does not purport to indemnify State against liability for damages arising boll. njury to persons or damage to property caused by or resulting from the sole neglig ate or State's agents or employees. 6.7 Advanc :it. - If State advances or pays any cost or expense for or on behalf of Grantee, Granter - . burse State the amount paid and shall pay interest on such amount at the rate of•ne •- - 1%)per month,or fraction thereof,until paid. 6 : • .o 71:0- - -es and Venue. In the event the State is required to incur attorney fees and co = to - rantee's obligations under the terms of this agreement,in addition to any other elief t. w','ch the State may be entitled,Grantee shall pay to the State its costs and reasonable a . ey a=s. Venue for any action shall be in Thurston County Superior Court. The laws of the s.: e o• . hington shall govern any dispute and the interpretation of this Agreement. Easement and Agreement#2003-10-629 Page 9 of 15 111 1 11111 M 1 1 II 11 llh 4$1 Z56 Jefferson County, WA ,:OHN DOWD JR MULTI 63.00 6.9 Notices and Submittals. All notices,demands, and requests required under this Agreement shall be in writing sent by United States registered or certified mail,postage prepaid, and shall be addressed as follows: If to State: Washington State Parks and Recreation Commission Lands Program P.O. Box 42650 Olympia, WA 98504-2650 Ph: (360)902-8500 Fax: (360)902-8840 If to Grantee: O John Dowd PO Box 142 Brinnon, WA 98320 O (360)796-4001 Or at such other place as either party may from time .o ime de 1 'ate by written notice to the other. Notices, demands, and requests served upon S..t- .r Gr. t:e as provided in this Section in the trimmer aforesaid shall be deemed sufficiently se ed . 4 'en for all purposes hereunder three(3)days after such notice, demand,or r st shall be so mailed in any post office in the state of Washington. 6.10 Breach or Default. If Grantee brea - . or .e s on any undertaking,promise or performance called for herein,State ay t . '4.1 I s Agreement after Grantee has been given thirty(30)days' written notice of th ...,c .r .ult and(1)such breach or default has not been corrected within such time; or(2) •4 . - •ch or default cannot be reasonably corrected within such thirty(30)day period tee . of commenced such correction and thereafter continued shall with r ano , ble ' .en -, Upon such termination, all Facilities on the Easement Q erty of State subject only to any previously approved waiver of interest or se. • s . . addition to the right of termination, State shall have any other remedy availab - . , or ! y. Any Grantee obligations not fully performed upon termination will co a : • lly a erformed. The failure of State to exercise any right at any time will not waive - ri. . terminate for any future breach or default. The failure by State to provide notic- • tee shall not relieve Grantee of its obligations under this Agreement. By way of speci c :tion and not limitation,the occurrence of any of the following events shall be d=-m-• • I - . of this Agreement,namely: if Grantee makes an assignment for the benefit a N "01 •rs .1-files a voluntary petition under any bankruptcy act or other law for the r: - o • -b • s;o if an involuntary petition is filed under any bankruptcy act or other law for the -li- o . -b'•rs;or an order for relief is entered for or against Grantee under any bankruptcy t or . - law for the relief of debtors;or if any department of any government or any officer th -of s a take possession of Grantee's business or property. Upon any such occurrence State, a s opt'.n,may, in addition to any other remedy available at law or equity or hereunder, Easement and Agreement#2003-10-629 Page 10 of 15 1111 I 111111111 I 1111 I II 481 18 . . Jefferson County WA JOHN DOWD JR MULTI 63.00 terminate this Agreement by notice to Grantee and upon such termination Grantee shall quit and surrender the Easement Area to State,but Grantee shall remain liable as provided by this Agreement. 6.11 Force Majeure. Grantee's failure to comply with any of the obligations under this Agreement shall be excused only if due to causes beyond Grantee's control and without the fault or negligence of Grantee,including acts of Nature, acts of the public enemy, ac •f any government, fires, floods,epidemics and strikes. 6.12 Amendments. Any amendments,revisions,supplements,or addition , ,..eement or the attached exhibits shall be made in writing, executed by the partie eret• and ,- , er State nor Grantee shall be bound by verbal or implied agreements. O 6.13 Discrimination. Grantee shall not conduct or suffer any b...me. ..•n e Easement Area which unlawfully discriminates against any person on the . ..1s o r.ce, • •r,creed, religion,sex, age,or physical or mental handicap. 6.14 Emergency Action. State may take such em g:ncy ac :o .as is necessary to protect the public health, safety and welfare, including,but not 111 -d to,t- • ••rary closing or otherwise restricting Grantee's use of the Easement Area. Granter un• -rs ds that it shall have no recourse against State for any losses incurred A. . result o .te's taking such action. 6.15 Interpretation. This Agreement has b.- • ••ed to the scrutiny of all parties hereto and their counsel if desired,and shall be gi e. . :•• • reasonable interpretation in accordance with the words hereof,without cons�derati• • • i being given to its having drafted by any party hereto or its counsel. J 6.16 Non-Waiver. No failure o . e to ' t upon the strict performance of any provision of this Agreement shall be construe,, de. ing State of the right to insist on strict performance of such provision or any oth 4' ,vi-'on -' future. No waiver by State of any provision of this Agreement shall be de.. ,• - made unless expressed in writing and signed by State. 6.17 Remedies _, ,, �e pecified remedies to which State may resort under this Agreement are cum an• .4, not intended to be exclusive of any other remedies or means of redress to which •:t- . lawfully be entitled in case of any breach or threatened breach by Grantee. In add' .0 to e - edies provided in this Agreement, State shall be entitled to the restraint by inj on •f e violation,or attempted or threatened violation,of any of the terms and conditions• - -ement. 6.1 Si.,1*g1i`,.. b If any term of this Agreement or the application thereof to any person or c' •.••s . • - - Or d to be to any extent invalid or unenforceable,the remainder of this Ay -e t, i re application of such term or provision to persons or circumstances other than ose . to hich it is invalid or unenforceable,shall not be affected thereby, and each term of Ag ,ent shall be valid and be enforced as written to the fullest extent permitted by law. Easement and Agreement#2003-10-629 Page 11 of 15 IIIIIIIIII!IIH I III IIiII III if IIII 111111111 iIJ 256 02/20/2004 04.42P Jefferson County, WA JOHN DOWD JR MULTI 03.00 6.19 State's Consent. Except in the case of assignment and purpose of the easement, State shall not unreasonably withhold its consent where such consent is expressly provided for in this Agreement. 6.20 Temporary Closure for Cause. If Grantee damages the Easement Area such that it interferes with the normal operation of the park(determined at State's discretion), State may close the park and/or restrict Grantee's access to the Easement Area until Grant- remedies the situation to State's satisfaction. Grantee understands it shall have no recourse a. . st State for any losses incurred during such the shutdown or restriction. 6.21 Recording. Upon full execution, Grantee shall promptly record a 's 4 eem-• Jefferson County and shall provide a copy of the recorded Agreemen • Stat IN WfhNESS WHEREOF,the parties hereto have exec t d t-' is • -nt as of this 13 Nay of ,2003. GRANTEE HING O, STATE PARKS AND • REAM' COMMISSION • 116111L John Do • Den,Director Approved as to form only: CHRISTINE GREGOIRE > Attorney General By/s/Mark Schum' MARK SCHUM• Assistant Attorney 0 Easement and Agreement#2003-10-629 Page 12 of 15 I I II III III III 111 1 ( II 8126 - • 42P Jefferson County, WA JOHN DOWD JP MULTI 63.00 GRANTEE'S ACKNOWLEDGMENT STATE OF WASHINGTON ) ) ss. County of 4 -'-,1,---- 1- oN ) THIS IS TO CERTIFY that on this day,before me the undersigned ub is in and for the State of Washington,duly commissioned and sworn,personally Jol tt )owd to me known to be the individual who executed the foregoing document d'acldi ' ledged to me. that he signed the same as his free and voluntary act and deed, fir u ;s d oses therein mentioned. WITNESS my hand and official seal this I . of S' c c t'zi a3.-'6- , 20 03. S`/ • , ___ 1 OFFICIAL SEAL /may S blic in and for the State of Washington fy� t UNDA TUDOR ) >l� 1 ■ ^ k NOTAP. ,,JSLIC-WAS ', a (% 1 �((? MY COMMIS£II!N rl[f iRES JUNE 15,21.L:=/) iesicling at re!/U y�Q y� t x. -• • commission expires, ale r S 7.�U 0 l ' ' 0 41(1111111P Easement and Agreement#200340-629 Page 13 of 15 - ' 1 III 1 11101111 HUll Iii 111111 1 481256 id Jsff.ruon County, WA JON DOWD JR FUJI/53 s 4: a2P WASHINGTON STATE PARKS & RECREATION COMMISSION ACKNOWLEDGMENT STATE OF WASHINGTON ) ) ss. County of THURSTON ) THIS IS TO CERTIFY that on this day, before me the undersl .G712'1Vt.4 Public in and for the State of Washington, duly commissioned and sworn,pe .opal I,y . .p-f e.. Lay Yt.\ -G% i v ,s i('� to me known too - e t„)- C-Di i, L yvof the Washing on State Parks and Recreation Com i ion . •xecuted the foregoing instrument and acknowledged the said instrument to .e •e free . 1 . voluntary act and deed of said Commission, for the uses and purposes erein men o . ••, and on oath stated that 1 )4.. was authorized to execute the said instrument.41111\ WITNESS my hand and offiiai s= day of ; t.�,,..\2,• , 20 L: . 1,111,,,,,,,, ‘.0‘....001.).,,C,' U ,j —4, = Notary Publ c ii and for the State of Washington P[J` 40,.. , residing at �_ u.;. t a ;, OF f , \ , My commission expires L - L1 •L")-4 41(111111111 Easement and Agreement#2003-10-629 Page 14 of 15 11 I III 1 111 (III II I III I III I II111 II1 II 481225642P Jefferson County WA JOHN DOWD JR ruLTI 63 00 EXHIBIT A MAP OF EASEMENT AREA AND BENEFITED PARCEL W A % ,/ a\ .t. � 3� e ` E t) Ec - WWW ti ipl d b F Y a� m a 's ; ` 4e.I al i . S: \ m a k . 0 111P "4Nu& W h \ ,e.,-, .-*.w.., C d.. WI*.&_0. gc \kw,i\ gi)iiikoo\- t 01°� 7Q >.Vi`µ; �' ■ , r t \7 k• \* r1 x \ \ q ' _ +< Benefited Parcel(approx) A,-,1W: Sk '' 4;400,7S0, :: a a kl lu 0 '14,. fittit'N . . t 4 4N :IL Easement Area• , ' easant Harbor\RPA\Easements\Dowd-Sewerline\EASEMENT.doc Easement and Agreement#2003-10-629 Page 15 of 15 Form No. 14 Certificate No.:80470 Subdivision Certificate JEFFERSON TITLE COMPANY PO Box 256.2205 Washington Street,Port Townsend,WA 98368 Phone: (360)385-2000 Fax:(360)385-6967 Subdivision Certificate Prepared For: Order No.: 80470 John And Dalila Dowd Charge: $400.00 Tax: $36.00 PO Box 142 Total: $436.00 Brinnon, WA 98320 In the matter of the Subdivision to be submitted for approval, this Company has examined the records of Jefferson County. This certificate is made for the purpose herein specified, and is not to be used as a basis for closing any transaction. Liability is limited to the charge made for this certificate. From such examination, the Company hereby certifies the title to the following described land, in said Jefferson County,to wit: PARCEL A: PARCEL 1: That portion of Government Lot 3 in Section 10,Township 25 North, Range 2 West, W.M.,described as follows, to wit: Commencing at the East meander corner; thence North 55° East 65 feet; thence West on true line to public road(Old State Highway No. 9); thence South along the East side of said public road to the South Section line between Section 10 and 15 said Township and Range; thence East along said Section line to the POINT OF BEGINNING. TOGETHER WITH all tidelands of the second class, as conveyed by the State of Washington, situate in front of, adjacent to and abutting upon the above described uplands. EXCEPTING therefrom that portion conveyed to the State of Washington by instrument recorded April 27, 1955, under Auditor File No. 145452, records of Jefferson County, Washington. Situate in the County of Jefferson, State of Washington. Subdivision Certificate Guarantee No.:80470 Page No.:2 PARCEL 2: All that portion of Government Lot 3, Section 10,Township 25 North, Range 2 West, W.M.,described as follows: Beginning at the South 1/4 corner of said Section 10; thence South 88°09' 04"East, along the South line of said Section 10, 368.61 feet, the TRUE POINT OF BEGINNING; thence North 78° 29' 02" East 151.49 feet; thence North 85° 52' 57" East 85.60 feet; thence South 80°25' 20" East 36.82 feet; thence South 66°40' 56"West 34.30 feet; thence South 85°52' 55"West 160.47 feet; thence South 74° 23' 56" West 25.66 feet, more or less, to the said South line of Section 10; thence North 88°09' 04"West, along said South line 53.89 feet,more or less,to the TRUE POINT OF BEGINNING. Situate in the County of Jefferson, State of Washington. PARCEL 3: All that portion of Government Lot 3, Section 10,Township 25 North, Range 2 West, W.M., described as follows: Beginning at the South 1/4 corner of said Section 10; thence South 88°09' 04" East,along the South line of said Section 10,368.61 feet; thence North 78° 29' 02" East 151.49 feet; thence North 85° 52' 57"East 85.60 feet; thence South 13°43' 04"East 20.28 feet; thence North 66°40' 56"Fast 71.41 feet to the TRUE POINT OF BEGINNING of this described tract; thence South 66°40' 56"West 36.34 feet; thence North 88°09' 04" East 27.30 feet; thence North 55°01' 11"East 7.48 feet; thence North 02°06' 44"East to the TRUE POINT OF BEGINNING. TOGETHER WITH all tidelands of the second class, as conveyed by the State of Washington,situate in front of, adjacent to and abutting upon the above described tract. Situate in the County of Jefferson, State of Washington. LPB Subdivision Certificate Guarantee No.:80470 Page No.:3 PARCEL 4: That portion of Lot 1, Pleasant Harbor Marina Short Plat, as per plat recorded in Volume 2 of Short Plats, page 221 through 223 and amended in Volume 3 of Short Plats,pages 8 through 10, records of Jefferson County, Washington, described as follows: That portion of Government Lot 3 abutting second class tidelands in Section 15,Township 25 North, Range 2 West, W.M.,Jefferson County, Washington, being more particularly described as follows: Commencing at the North '''A corner of Section 15, Township 25 North, Range 2 West, W.M.,Jefferson County, Washington; thence South 88° 13' 42"East along the North line of said Section 15 for a distance of 364.50 feet to the point of beginning; thence continuing South 88° 13' 42" East 238.76 feet to the line of mean high tide; thence South 61° 12' 00"West along the line of mean high tide 34. 78 feet; thence North 40°41' 54"West along the line of mean high tide 26.83 feet; thence South 87° 54' 36"West 166.65 feet; thence North 21° 21' 05"West 43.00 feet to the point of beginning. TOGETHER WITH tidelands of the second class,as conveyed by the State of Washington, situate in front of, adjacent to and abutting upon the above described tract. Situate in the County of Jefferson, State of Washington. LPI3 Subdivision Certificate Guarantee No 80470 Page No.:4 PARCEL B: That portion of Government Lot 3 in Section 10,Township 25 North, Range 2 West, W.M.,Jefferson County, Washington,described as follows: Beginning at the point of intersection of the West line of said Lot 3 with the Northwesterly margin of State Road No. 9; Thence Northeasterly along said Northwesterly margin,450 feet to the True Point of Beginning; Thence Northwesterly in a straight line to a point on said West line distant 840 feet South of the Northwest corner of said Lot 3; Thence North,along said West line,to a point thereon distant 560 feet South of said Northwest corner; Thence East 465 feet; Thence South 270 feet; Thence East to the said Northwesterly margin of State Road No. 9; Thence Southwesterly along said Northwesterly margin,to the True Point of Beginning; EXCEPT that portion thereof, if any, lying within the West 80 feet of the East 160 feet of said Lot 3 lying Northerly of said highway; ALSO EXCEPTING THEREFROM that portion described as follows: Beginning at the point of intersection of the West line of said Lot 3 with the Northwesterly margin of State Road No. 9; Thence Northeasterly along said Northwesterly margin,450 feet to a point designated as"Point A" herein for description purposes; Thence Northwesterly in a straight line to a point on said West line,distant 840 feet South of the Northwest corner of said Lot 3 and the True Point of Beginning; Thence North along said West line,260 feet; Thence East,260 feet; Thence South parallel to said West line, 260 feet; Thence West, 260 feet to the True Point of Beginning. Situate in the County of Jefferson, State of Washington. Is Vested in: John F. Dowd, Jr. and Dalili M. Dowd, also shown of record as Dalila M. Dowd, husband and wife, as to Parcel A and Leon V. Voetberg and Maridel V. Voetberg, husband and wife, as to Parcel B LPB Subdivision Certificate Guarantee No.:80470 Page No.:5 Special Exceptions: 1. General Taxes. The first portion$ 1,569.81 becomes delinquent after April 30'h. The second portion$ 1,569.68 becomes delinquent after October 31'. Year: 2014 Amount Billed: $ 3,139.49 Amount Paid: $ 1,569.81 Amount Due: $ 1,569.68,plus interest and penalty, if delinquent Tax Account No.: 502 104 006 Property ID No.: 14289 Assessed value: $ 369,589.00 Affects: Parcel A General taxes for the year 2014 which have been paid. Amount: $453.16 Tax Account No.: 502 104 023 Property ID No.: 14300 Assessed value: $ 50,730.00 Affects: Parcel B AS TO PARCEL A: 2. Reservations contained in deed from the State of Washington recorded June 6, 1911 and recorded in Volume 87 of Deeds, page 517 and one dated April 25, 1966 and recorded in Volume 87 of Deeds, page 519, reserving all oil,gases, coal,ores, minerals,fossils, etc., and the right for opening, developing and working the same,together with any right to acquire easements or rights of way; Providing that all such rights shall not be exercised until provision has been made to compensate for damage sustained by reason of the exercise of such rights. 3. Rights of the general public to the unrestricted use of all the waters of a navigable body of water not only for the primary purpose of navigation, but also for corollary purposes; including(but not limited to) fishing,boating, bathing, swimming, water skiing and other related recreational purposes,as those waters may affect the tidelands, shorelands or adjoining uplands and whether the level of the water has been raised naturally or artificially to a maintained or fluctuating level,all as further defined by the decisional law of the state. (Affects all of the premises subject to such submergence) 4. Any question as to the true location of the lateral boundaries of the Second Class Tidelands. 5. Terms, provisions and reservations under the Submerged Land Act(43 U.S.C.A. Sections 1301 through 1311) and the rights of the United States of America to regulate commerce, navigation, flood control, fishing and production of power. n and provisions contained and/or delineated on the face of 6. Restrictions,conditions,dedications,notes,easements a d i p o sons co to ned an d the short plat recorded under Jefferson County Recording No. 356699. Affects Parcel 4 LPB Subdivision Certificate Guarantee No.:80470 Page No.:6 7. Easement, including terms and provisions contained therein: Recorded: October 22, 1992 Recording No.: 354291 Between: Wayne M. Harris,as Trustee for the Wayne M. Harris Revocable Separate Property Trust And: All future owners,their heirs, successors and assigns For: Ingress, egress and utilities; roadway maintenance; water system and sewer treatment Affects: Parcel 4 8. Pleasant Harbor State Park Underground Sewerline Easement and Agreement#2003-10-629 imposed by instrument recorded on February 20, 2004, under Recording No. 481256. 9. Deed of Trust and the terms and conditions thereof: Grantor: John F. Dowd,Jr. and Dalila M. Dowd, husband and wife Trustee: Jefferson Title Company, Inc. Beneficiary: Washington Mutual Bank Amount: $258,500.00 Dated: June 20, 2001 Recorded: June 29, 2001 Recording No.: 445130 10. Deed of Trust and the terms and conditions thereof: Grantor: John F. Dowd,Jr.and Dalila M. Dowd, husband and wife Trustee: Jefferson Title Company, Inc. Beneficiary: John F. Dowd, Sr. and Kathryn Down,husband and wife Amount: $ 55,554.28 Dated: September 10,2001 Recorded: September 28,2001 Recording No.: 448086 AS TO PARCEL B: 11. Easement, including terms and provisions contained therein: Recorded: July 20, 1981 Recording No.: 273521 For: Use and enjoyment of an existing spring,water tank and water pipeline Affects: Portion of said premises and other property 12. Easement, including terms and provisions contained therein: Recorded: July 20, 1981 Recording No.: 273522 For: Roadway,power, water and telephone purposes Affects: Portion of said premises and other property 13. Easement, including terms and provisions contained therein: Recorded: April 19, 1982 Recording No.: 277752 In favor of: William G. Duesing and Carol K. Duesing For: Non-exclusive road easement for ingress,egress and utility purposes Affects: Approximately 30 foot by 500 foot easement which runs in a North/South direction Subdivision Certificate Guarantee No.:80470 Page No.:7 14. Easement, including terms and provisions contained therein: Recorded: July 27, 1983 Recording No.: 284780 In favor of: Steven Boling and Janet Boling, husband and wife For: Septic system drainfield Affects: Portion of said premises and other property 15. Easement, including terms and provisions contained therein: Recorded: October 21, 1983 Recording No.: 286264 In favor of: William G. Duesing and Carol K. Duesing For: Non-exclusive road easement for ingress,egress and utility purposes Affects: Approximately 30 foot by 500 foot easement with runs in a North/South direction 16. Easement, including terms and provisions contained therein: Recorded: August 24, 1987 Recording No.: 309912 In favor of: William G. Duesing and Carol K. Duesing For: Non-exclusive easement for ingress,egress and utilities Affects: Approximately 30 foot by 500 foot easement which runs in a North/South direction 17. Easement, including terms and provisions contained therein: Recorded: July 15, 1992 Recording No.: 351668 In favor of: Wade Johnston For: Easement for ingress,egress and utilities Affects: 40 foot by 520 foot easement running Northwesterly along the Southwest boarder 18. Easement, including terms and provisions contained therein: Recorded: July 29, 1993 Recording No.: 362582 In favor of: Robert A. Solomon and Yvette A. Solomon For: Non-exclusive easement for ingress,egress and utilities Affects: 40 foot by 520 foot easement running Northwesterly along the Southwest boarder 19. Conditions, notes,easements, provisions contained and/or delineated on the face of the survey recorded under Jefferson County Recording No. 562405. 20. Declaration of Easement imposed by instrument recorded on August 28,2013, under Recording No. 578682. 21. Pending action in Jefferson County Superior Court. Plaintiff: Leon V. Voetberg and Maridel V.Voetberg, husband and wife Defendant: David J. Hards and Donna S. Hards, husband and wife Cause No.: 11-2-00147-3 Filed: June 22,2011 Action For: Injunction regarding the access to the property Attorney for Plaintiff: Laurel L. Tiller at the Tiller Law Firm Subdivision Certificate Guarantee No.:80470 Page No.:8 22. Quit Claim Deed and the Terms and Conditions thereof. Grantor: Leon Voetberg and Maridel Voetberg, husband and wife Grantee: John Down and Dalila Dowd, husband and wife Recorded: December 16, 2013 Recording No.: 581045(Affidavit No. 120465) Said Quit Claim Deed contains a legal description that requires compliance with RCW 58.17 (subdivisions)and with county codes and ordinances. Dated: October 8, 2014 at 8:00 am Your title officer for this transaction is Susan Brandt. If you have any questions concerning this title commitment, please do not hesitate to call me at(360)385-2000 or e-mail susan@jeffersontitlecompany.com By: Susan Brandt,Title Officer PARCEL A .. .. • . • • • - • • ... . - • • . , . . . ..e. . • LUCArtig;ag'04A-.-217 THIS/ ROEW USE • . • CF CFFICIAL RECOP.DS • RECUEST OF EiG:.gEarii-E F1F4Por - i . - PATRICIA N.KNAPP • ' JEFFERSON C5UNTI ANOITOR . • . • • • . • TV/-2 .(d _ r_i_iite.‹.1ti . WHEN RECORDED StETUROS TO /nterWest Savings Bank Nana__ . . ' • P.O. Box 992 - - edemas__ .. • 294826 • . • Por t Townsend Wa 98368 ------ - • Statutory Warranty Deed • 1102 GRANTOR STEVEN R. BOLING and JANET M. BOLIN , • -b. • • •• wiEe,,.. for and le oansideratien of Ten Dollars and Other Valuable .n- a ion ._ . : in hand pale:hammy"and warrant,to JOUN F. DOWD and DPLI : 2IERI 6 •.WD. husband and wife, i the Mowing&scribed real estate situated in the County of Je fter-on . . of Washington; ., • . Legal DescriptiOn is attached, -ret• on."Exhibit A" and •1 • incorporated herein by this reference . . , • • . 90,8029'24 .Solip, • JEFFERSON"cOum IFICC!SE TAX i • ' .' . Att.Ko. —------- • • rt4t t t ; .. • 0 t . (pie v- 3-.,vart,alt_4/el i . . Th,,,and la given in fulfillment of that etth atIta a ct behmea the parties hatele,dated March 10 ,e;,.7 .1984 .sad,.Eanditio ,for the v yance of the above described property,and the covenants of warranty , henna contained shall not apply to any ti ,inte t eilett I:Ince edging by,through or under the purchaser in said contract and shell not apply to any taro&assessmantierld ea levi .assessed or becamiam due subsequent to the date of said contract,- Rawl Estate Sales Tax was paid on . alfisi'De ch 23, 1984 .Rec.No. 49166 11 Dated_AA111.1.,_ 23 jo' .19 85 )(...0)--t>tsli k TV,. ' aguk- o-N. iSa(A...,- 6 • • Steven R. Bo -ing f.a..nei., M. Boling Arpojoiritir • . • - /7- • STATE OF WASHINGTO STATE OF WASHINGTON • , ea couNirirop Jef f• •0_ COUNTY OF. la . 1 • On this day pe •• appe • • before Me On this. .._ diey of before me,the undeesigned a.Notary Public in and for the State of Wade g_te_VRII...Re—dfblih,; • Mean,duly commissioned and seem,personally appeared-----,—.-- " • '•sal described in and vbrIba exam ill.kbiii-knd 1. going inatrument, , and gekn'TT'l •— *-l*'''''':611fr""i the tm=e to me known to be the._ —President am' Seerettuy, es their-- ,,,,Ittsta .,et-all,'deed. respectively,of. s t,e for fissms,and : leirvaseetiosed. the mrporation that creamed the foregoing inattualeat.and acknowledged .'] • Ar... ,3 4-.. --- the said instrument to be the free and voluntary act and deed of said carper..•-• 4-•.•... aeon.for the uses and put-poses therein mentioned.and on oath stated that • ..1 , . e z — authorised to execute the said instrument and that the aeol • /at sesdloAcial emliithia ■Tfix—t7d is the on-rpo—rate seal of said corParation. • 2; . _ ._ . .1,•_%,:f",..4.,..._., ?191135.., • Witness my band and official seal hereto affixed the day and year ant . . . A ' . •Notary Po 4 at'the State of Weal- • Notary Public inend for the State of Washington, ' • . . . - . . fltf-1".•.2- I4e1 27:: : ....:. ., . - t- •';'"". .'. ' '.....: ;: .• :-:;*-;: . - . . r- ‘,:.•• ..," ; .'. • ' SI,TUAT E'0 IN JEFFERSON COUNTY, WASHINGTON. ° IJ FARCE L°A .1;. . . 'That portion of Government Lot ,3 in'Section 10, Township X25 North, Range 2 West, W.H., described as. follows, .to.v'it: Commencing -at'the East meander corner; thence North 55' East 65 feet; thence West on true line to ' public road (Old State Highway.No. 9); thence South along the East side of said public road to the -South section line between Sections 10 and 15 said Township and Range; thence East along said section line to the point of beginning. - - . TOGETHER WITH all tidelands of the second class, situate in front of, • adjacent to and abutting upon the..above described tract. EXCEPTING THEREFROM that portion conveyed to the State of Wa-h .ngton ' by instrument recorded April 27, 1955 under -Auditor's Pi - . . . - 5452. • records of said county. • C________ +�-,\ PARCEL B . All that portion of Government Lot 3, Section 10,, T. •5 North, Range 2 West, W_M., described as follows: Beginning t -outh Quarter Corner of said Section 10, thence South 88°09'04" E - on- the South - ' line of said Section 10, 368.61 feet, the true po t of eg •n ng; thence ' North 78'29'02" East 151.49 feet; thence North 85 est 85.60 feet; • thence-South 80'25'20" East 36.82 feet; thence S u 4' 'S6" West 34.30 feet; thence 585"52'55° West 160.47 feet; thence ouu 7 °23'56" west I � 25.66 feet,'more or less, to the Said Soot 11 e o ion 10; thence North 88'09'04" West, along said South li e - .89 . -et, more or less, to the true. point-of beginning. ' Situate in the•County of-Jefferson,. State f sh•n on. PARCEL C • ' All that portion of Government Lot S tion 10, Township 25 North, Range 2 West, W,M„ described as follows: in ng at the South-Quarter corner of said Section 10, thence South 88.O9\Ea , along the South line of Said Section 10, 368.61 feet, thence No - -79,529'02" East 151.49 feet; r thence North 85°52'5.7" East 85.60 f- - th- e South 13°43'04"- East 20.28 feet; thence North 66°40'56" East 1 4• ((•1 • to the true point of beginning of this -described tract. The es So, bfjl-0'56" West 36.34 feet, thence North 88'09'04" East 27.30 fe enc N. th 55°01'11" East 7.48 feet, • thence North 02°06'44". East to t t e point of beginnning. . . • A c . . Exceptions and reservations o tai d in deed from -the' State of Washington I • whereby said grantor.ex pts an r rues all oils, gases, coal, minerals, fossils, etc., and the i en tty . •for opening. developing and working mines, etc., provided fights shall be exercised,.until provision has ' been made for full. p e •damages.sustained by -reason.of such . entry. ._ Any. adverse claim b sad pon . e assertion that any portion of said land • was not tideland su•i - t t- disposition by the State of Washington, or that some portion thereof gas eased to be tideland by reason of erosion. • C Rights and easem•o ommerce, navigation and fishery. D. - .. �j - Any question -f t; _ location of lateral boundaries of the second class tidelands de-cA- • d - the caption hereof which may be asserted - _ • by the owner •2 th 'adjoining second class tidelands. EXHIBIT 'A' • YES ?O2 1.4 • • • J. • • 0wfv 5Mr f eo ^ yam. I KANSA.MLKIC:A • _ Tw pn8 �:.'. . 1.,,:.e. ..east TITLE INSURANCE COMPANY ` JLfFE':;^i::�3. •COMPANY • 365017 at al--44—E1 13 , EO,OR RECORD AT REO.aST Of Jefferson Title Company, Inc. t.� .3t.21'E. .3T £.8914-CS 42430-RD . -xTp'r-gr'i,. TA .1, '. IN •.►'. : aTl RIO,.IQCOa%O RI Woo TO John Dowd and Dalila Dowd n.a_._....__._. .. .._ P.O BOX 142 J _ . Mom Brinnor., WA 98320 Statutory Wa '' Dead ` . ' • 7NS 0RaN10R Wayne N. Harris, Trustee afVialn , orris Separate Property n.y . Trust, —/ f,mai.®44.m1,4.1 Ten Dollars and a - Valuable Consideration to he+d ral4em.aA ad.a.,Wla John Dowd an. + Dowd, husband and wife, • the I UOwlRrd,eb5 ledmIai,ddraW 12 60 Comb re. .aamdw.oe..0 a. See Exhibit 'A' attached hereto part hereof. SUBJECT TO Reservation in at of ington deed dated 6/6/11 and 4/25/16 recorded in Volume 87 of -Deeds, ag 517 and Vol. 87 of Deeds. page 519: • -.Any prohibition of--or-limits .n- 'us ,-occupancy or improvement of the -----�-- "-" "- land resulting from the ri: to of th 'public or riparian owners to use any ' portion which is now, or •a= cr'-e ly been, covered by water; Easements. ' restrictions and recital n•er A •i or's Pile Nos. 354292 and 3566991 • . Easement under Audt te4 s '1 `• // 4291. - ALSO SUBJECT TO: Grai+/ agree'io not sell, lease, convey, or use the property.so deeds• c ercial marina use or any commercial marine related business o a • 7 years. John Dowd Dalila Ocwd • DaN".."_.00tobe_ 4. _ . "_.....1993... N COtUfNTY EUCi5E IAA • Wayne N. Ha Se.'� ate Property.Truat,. AN.N0. 37ot `Si_ 9E in1 ay •ar ic, Tt stee . • .____.__. ..—. .T1S DOCUNEW'f IS BRING SIGNED III 0318.?4'-PA7i•7- •. . • STATE lvr'.(weC : M STALE of%Amara:no CVNNTE OP nxiRrr OE Jefferson } • I ela.11 In. ,. ..a...ma I• °. Wayne Lama or Raw Harriet•••v..ma . __ n e. .a Or pawn.I m4.maed 4.w-- i.aJprami.l —uw.aOra1..0. ' ., ale ,.a., A:rt a. a.l'. J R.�•aad RI mn an,mna,.Ia:wi..14.1 aa.Y'arm..,*a.a.m•rw.vaae..owe raw aelaaa a.l a1.w1:J{W.e,4 tYr:trPn • - • .V, 'a... 1 aims Ow.1.Rwa d e41.« yea,,.n...3..1.....,401 k of Wayne M {lam¢ SPparaf qL:4 Om aa+W..ire)*IA • a, p". aa..eIJ a de.Ra•a,m ..R PR•f M Ike ma,sal P••p••I vd w b m.amwea. *Property Trust . .,.,,,`,n Octc.'r i — 1..3 -->e� �y v e ' c ...::...90,.. dre fa�� - • ::'. s 'lam- A4). Catherine Sol'.• - Notary ,� ',:r e. m.a .n :a: 1ueRA : 0-/�74' • VS: ^11,'? •t t rna*. 1,,, 4� faw:1,58-! 4..T. " Eyt�`7 o9£T I 1 t j + 'Te • . . . - .-- .,...".... .-...- - '----- •. --- - •.:-'‘'-- "---3-dd -...:-I-"--•-W. '44 4 4."4'4'....'.:'''';-...4-:-..".--;‘-‘'--.-5- ; .., .....-.-----,.-•?:-..--- •• •--- -. '-. '.:-1.----,"_ - . - • • • 0 . . . - . . . . . . - . - - . . , . , . . 0 I . ' . tr1-•- ---- TRANSANIEltICA . . • TITLE iNiSUFtANCE COMPANY • • • . . 4. . . . AUDIVARECOADATTEOSIESTOT - -... . . _ . , , . . - . Jefferson Title Company. Ind. — d El8914-CS 42430-R8 ,. • . „ IIKRICCOROGITEM1101 TO . • . . - John Dowd and Dalile Dowd • : • . i • 4 P.O. Boa 142 . I - - — . • . Rrinniin, WA BO320 - . . • mamma. . . • ) Stalutery WarinttI . . ., . . THRGRApnvit Wayne M. Barris, Trustee (1,, _____:: ., orris Separate Property '.. Trust, _.„,./ -.1 . Ten Dollars and e .er Valuable Consideration ... .'" . . : John Dowd ••. ila Dowd, husband and wife, - ; •,. 1 thetalkwingdeseand mates/Sys:km.6d la , Jeffe .FitawaiWaSsyser. - t _ • , . See .fihibit 'A" attached hereto part hereof. SUBJECT TO: Reservation in $t,at e o Was ington deed dated 6/6 page 4/25/16 recorded in Volume 07 of Deed a S and Vol 87 of Deeds a g e S19 . Any prohibition of or limitatio or e,_oocupancy or improvemlnt-of the • ... . . 1 . land resulting-from thedri- d of e public or riparian owners to use any . • portion which is now, or a o I been, covered by water; Easements, restrictions and recital n er A d tor's File Nos. 354292 and 356699; • Easement under Auditor's i No 54291. ---: • 1 • . 1 . ALSO SUBJECT TOR - G ee_t‘ not dell, lease, convey, or use the • . ; property no deeded- ..r ny omniercial marina use.or any commercial marine related business o . io f 7 yea s ■ ti,-1/---cille115-' (lit. Jo n Dowd Da ila Dow Luta Octobe m193 Wayne N. Na . ate Property Trust • .. SY4 • . . . - - - Wayne, . 8 is, Trentee . • , • I 1 1 1 1 1 1.- z n o c u s e i s T I S I iMaND SIGURD IN COUNTKR-PART . I . STATE 1.11,At ALONG Wir •STATE I*WASHITA:TON • .7.• CIAMPI OF .....- col/Nu 0,Jefferson } ' • 1 . -- I and) .111111%rancr,....a.......ate I gals A*II low.AA tuw•Arr.4.1.,r.donAt*.• Alkw- Wayne H. Barris . . ■ ta es. A AA SA,AAA•■■•••pmarad larA As Alg.and.4 preavd A eas.....AAA ALA OAAAVA■01.40. • ,,..!,...,,,, ..„.i edam AsanoteAt•Ao AA1•,, S*s Ita.lielt•-:.■.::■A‘vos..A........1 goon... ew sostAsea ' A.A=APTAtrel.0-4SA-St•Aurs I apAsd AAA man...AAA 0.0•,-SA.O.,AAT•-E. 7. - .wWe..„winw.mwu...o.w.”..“..- • mifoo U. Barris cPP SA I*dr SAT at...am.:ma d • Iss smS- - cosucri■•As swarms an P..,...th,*-4.•...I AAAAA,freAr.A.0 re AA,••AratAt "Property Trust . . . . October , 1993 ' "----3171--- 0.4 • , AR• El • IPA.. AMU OA ST,Ach •••••••. Catherine Salem - Notary Ide. 16 . . t—Amman ..44 - _t.— tr11-14 462 . va 433 YL.t Pso37.454 Impftlore ..- . . , 1 .. . . .... - . ' t" ..-•---...;;Otetve,-4- ..-= . ---4•N‘ 1 •'•‘'. ' • • • • • • • tip:_ L ;-:}14. .:_...n ij 42430-Re MIN I Bit, F71- That portion of Lot 1, Pleasant FarberTYarina Short Plat, as per plat recorded in Volume 2 of Short„plats, page 221 thru 223 and amended in Volume 3 of Short Plata. pages�8-.thru 10, records of Jefferson County. • Washington. described as follows, ` That portion of Government Lot- 2 abutting 2nd class tidelands in -� Section 15.. Township 25 North. Range Range /• Hest, N.H., Jefferson County. Washington, being more pa rtiF iar1y described as follows, Commencing at the North 114'cbriref/of Section 15, Townahip 25 North, Range 2 West, W.H:, •tei n ou -• C '��ty, Washington; thence South 88' 13' 42' Spat--along the North line of said Section 15 for a distance of 364,50,fatt to, the point of beginning; - I - thence continuing South 88',13`-'42' East 238.76 feet to the line of mean high tide; thence South Si' 12' 08' Weet along the line of mean high tide 34.78 feet; / thence North 40' 41'. 4• Vest along the line of mean high tide 3.31 • feet; '- thence South 42r`36�g'- eat along the line of mean high tide 26.83 feet; �a�� thence Souith 87! 5S-',..36' Vest 166.65 feet; thence Rdrthi Ii'"24' •S• West 43.00 feet to the point of beginning. Situate in/the'County of Jefferson, State of Waahington. TOGETHER'WITH\all...tidelands of the second class, situate in front o( -adjacent to and abutting upon the above described tract C 11111Z1111°. va 433 ..:.463 87-517 DEEDS 46106 Filed March 17, 1920. State of Washington, to Frederick S. Brinton. TIDE LAND DEED. Dated June 6, 1911. Cons. $66. 58. Tide lands of the second class lying between the line of mean / low tide and the line of extreme low tide in front of Lots 2, 3 ✓ and 4 of Section 10, and Lot 1 of Section 15 in T. 25 N. , R. 2 West, with a total frontage of 66. 58 lineal chains . "The Grantor hereby expressly saves, excepts , reserves , etc. 87-519 DEEDS 46107 Filed March 17, 1920. State of Washington , to Frederick S. Brinton. 025.00 TIDE LAND DEED. (Certified Copy. ) Dated April 25 , 1916. Cons . / ✓ Second class tide lands lying in front of Lots 2, 3 and 4 in Sec. 10, T. 25 N. , R. 2 West , containing 62. 50 chains. The grantor expressly excepts from this conveyance all tide lands lying in front of said lands and below line of mean low tide. Y � r 5 p VOL .3 P9 S 1 ej �^ 4Vf5T L/NE OF 6JV'T Lr�T 3 1( /3150] 1\ 1j Z o_ w` ry Y R' ,. V 'cc DETAIL (r i o nq l� yrvnry o� °o c' •� sHnerz nc] J� "A N v 4 ' 1tt� -nco o ��Z �• 4 V .-1°, ,0 ZOO ^� !// �� N 0 - G CO oo. N°,,, TUO JMg oVn N = °09 j, T ano 8i ^� 0 p --Og .N@ z Ll NoZ �� '1 0. u7 @ c.d 0.0 r c D r�Qal wo. O r F c i • e-.7I9 0� N ro 4 1 i. u� P T. R -Osj.1 N O 3 F e I 0 F ` wu • .q o o c e'• w ii h Y_L \ 0 O 0 r n L F " V m . o b� Z N ti l •o ? ° S °e D. 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Q °� V o a dg r no"' n y Ls -i 1 Ell o _ yN O J _ aN a x =w C yin �^o a cl iva i ,1 °r 1 2..2: z :,1".; s LyZ [r't 1, n�K N m y <• n n` m =a Cz: �1 m a .7.< rr__ pv < 4 i 1 N vl " at. 1 111 '" yC,Y• ti I ''<f' ' ,, °Y1 e,' Gi `5.�.� !i i '3;:,„:::',.. ,A ai ,a,..,,, R.t1.WIN re RS Co. INC.IIY . T ` -:+" d•D ® P.i6e.3.3161 suRVErINc & MAPPING r* T ,,,,,, ° CA . ewaes-.u1 s rx k • �w. .l ��'y 74M 35'7'h iz3"i 4,.."K';‘,::.:7''''-'-.,:*-"' (�{.'ZF! a•vf'+e if;',-,.i v? rT,Icyx.d ts-Ew.�&'Jc y^%' J "S Y ere �f a.--r�+N•,?v _i t l MS 1'�-it t • f 9 3 3 ,mil G ✓! x .::-::•52;%...-t [ "[ N W x y., -..::•1.'..,:',..:;.;:::,..:-: f:-. :7 - agio%10 " s S ._S_r ,s • I 'f,,.:-.!:.'..:-.=:-.:.;' �`9.�ZC'l'°��G Q.ti ..-ran ,-i• 1S4Gr`rii .'it(•(4 ` _ ^ a5 / r n • p.r!ASANT HARBOR MA1fI SUBDI • ON ill A,(y[IS4 • DECLARATION OF.EASEMENT AND AG E>. ENT FOR R. D Mvio'L')f --.. • DECLARATION: Wayne M: Harris, as trustee or the ayne gf7 twin italifYe_ Property Trust, owner of that.real property t.-n as .Pleasant Harbor Marina " Lot 1 and Lot 2 as shown on the slurvey map recorded under N,er/trStUOUSYunt�y Auditors file No-?.55'o?Y.�, by thi instrument hereby deskIribar,AWA4IlligOIN • - - • covenants for the benefit of Lot , and p be binding upon Lot 1 herph(yfte - referred to as pleasant Harbor Marin an that each grab._- ..f [[y !Si L[[Vteet in the property and their heirs. s cces rs nd assigns shall be bound by the terms, conditions, and agree. nt are stated.. - . 1. THE PROPERTY: ( . 1 _Lot'l legal desc rptio`i,} a J35y„ly�as shown-on-survey. Lot 2 legal descY ton; r N ..w.../.2:(-1,as.shown on survey. 2. EASEMENT: ' - - . . ' • -There is hereby creeteZlT�a perpetual, nonexclusive easement, over under and across those ce tain roadways as shown on the face of the survey map recorded. under Jeffe zreCo.n y Auditors file No. Said easement is -for the use and benefit(of a 1 future owners'of LoTWE-2 of the Pleasant Harbor Marina Subd visa air =asement is for the purpose of ingress, • egress, and utili i as :hovn o the above referenced survey map. Said - i easement shall b r��1a� - ` t of Lot 2, and shall burden Lor ','the. :,..:i..:. _ parcel bver whi h sa ea a�ent exists. Said easement shall be binding upon the under-ig r tor 3-and-all successors to the real property - above describ and y of ar//real property for which benefit'said easement , may be herei a It ded -ted or established. .. _ .. .� 3. RO WA INT E: ! It s 11 b the responsibility of the owner's) of Lot 1 to ' ' maintain the (s upon which the easements are granted • "D GE ROA WAY: - • . N t to ding anything .to. the contrary herein, if any owners) or their tenants f pot 2, damage.any part of the roadway, more than the normal wean d t ap' of daily use, such owner(s) shall be solely liable _ for the co s'G an a ense of repairing such damage and shall immediately • rector e.ty re y. to the same condition that it was piior'to the damage `L. liF`E R YSTEM: ` -. /� Pota le water will be provided to Lot 2 from the P1easanE Harbor ! Marina er system ..o, 47629H, situated on Lot 1. . . GE TREATMENT: `.\\ 6 - Se age treatment for Lot 2 will be provided by means of the larger • on- to ystem operated by Pleasant-Harbor Marina and situated on Lot 1. NO)IEAC E31AiE- gated'thls' Ze day of elAG::1992 S.\L[3 Tp7C 10EQUiRcD . COUNTYTRE•45-RLR ) l �. BY n... Way M. Harris. Trustee ` ✓ { SubscrT-dmd Aworn before me this 20th day\p€/ 1992. • 1. i yiVf UC 4+ff�l� \, ail-f4 e� :1 s'rq�i - . - • 14 J. Public in and for i ' ` {!-��..., the state Washington,on, resideing at � OCT rise sl!:0 YCi 391 1"iiU't 27664 Highway 101, Brinnon. My commission - Q 2 pelt . . grpires IS July 1994. - �� - Y [ I!!1!IIl11IlI!NI III IJlll 11111111111 l 11p4u8 1 256 Jsffor tan County, WA JOHN DOWO JR 02/20!2004 04.a2P f1ULTI 63.00 RETURN ADDRESS 3e1♦fv powC' fp, Sox I4Z kiW.10N i iA 9 $3 10 NO REAL ESTATE EXCISE TAX REQUIRED Please print neatly or type information JEFFERSON COUNTY TREASURER BY:DOCUMENT TITLE N-- CAS(rti• N'U f- /kEr E 1t(Ai r REFERENCE NUMBERS (S) OF RELATED DOCUMENTS Additional Reference #'s on page GRANTOR(S) (Last, First and Middle Initial) V9 1is P NY ld o 1e surc Additional grantor on page_ GRANTEE (S) (Last, First and Middle Initial) 1-ON N 'DO w Additional grantee on.page LEGAL DESCRIPTION(Abbreviated form:i.e. lot,block,plat or section,township,range,quarter/quarter) 1p W Additional legal on page ASSESSOR'S PROPERTY TAX PARCEL/ACCOUNT NUMBER SoZ/O4- o0(� Additional parcel #'s on page_ The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. 3111110111111/111111111112122°7 02/20/2004 04.42P Jefferson County, WA JOHN DOWO JR MULTI 63,00 STATE OF WASHINGTON PARKS AND RECREATION COMMISSION Rex Den, Director Pleasant Harbor State Park Underground Sewerline Easement and Agreement#2003-10-629 THIS AGREEMENT is made between the State of Washington,acting through the WASHINGTON STATE PARKS AND RECREATION COMMISSION, as grantor(hereafter"State")and John Dowd, an individual(hereafter"Grantee"). AUTHORITY State is acting under those authorities granted to State and described under RCW 79A.05.070, and Washington State Parks and Recreation Commission action of May 3, 2001. The easement granted hereunder is granted subject to and conditioned upon the following terms,conditions and covenants which Grantee hereby promises to observe and perform faithfully and fully (collectively,the"Agreement"). EASEMENT 1.0 Conveyance. State, for the consideration described in Section 1.3 below,hereby conveys and quit claims to Grantee a non-exclusive,non-divisible easement over a parcel of land legally described as follows: That portion of Government Lot 3, Section 10,Township 25 North, Range 2 West, W.M.,in Jefferson County,WA, being a strip of land 10 feet in width lying five feet on either side of the centerline of the pipeline as installed along the side of the existing park road approximately as shown on Exhibit A (hereafter "Easement Area"), together with the right of ingress and egress as reasonably necessary for the Permitted Use. This easement supersedes that unrecorded Underground Sewer Line License granted January 12, 1984 to Steve Boling,predecessor in interest to Grantee. 1.1 Limitations on Access. State will at all times have the right to erect fences on,over or across the Easement Area or any part thereof and to occupy the Easement Area with State's facilities and equipment;provided,however, that State provides alternate access points to Grantee. 1.2 Term. This easement shall be for a term of thirty(30)years from the date of last signature unless earlier terminated as set forth herein. Easement and Agreement#2003-10-629 Page 1 of 15 111111111111II 111111111111111111111111I1II 11111481256 42P Jofferion County. 4R JOHN DOWD JR MULTI 63.00 • 1.3 Consideration—Lump Sum Payment. Grantee shall pay the sum of$140.00 as consideration for the easement granted herein. Payment shall be due upon execution of this Agreement by Grantee; this Agreement shall not be valid until payment is made to State. 1.4 Appurtenant Easement. The easement granted herein shall be deemed appurtenant to real property in Jefferson County, Washington, located approximately as shown in Exhibit A and known as the Grantee's home, a single-family residence, tax parcel#502104006, site address 308713 Highway 101, Brinnon,WA 98320(hereinafter"Benefited Parcel"). The rights attaching to the Benefited Parcel are indivisible. Should the Benefited Parcel be subsequently subdivided or parcelized, owners of additional parcels shall not be entitled to exercise the rights granted herein. 1.5 Title/Disclaimer. The rights granted herein are subject to permits, leases, licenses and easements, if any, heretofore granted by State affecting the property subject to this Agreement. Further, State does not warrant or imply that the Easement Area is suitable for Grantee's intended use. PURPOSE AND SCOPE OF EASEMENT 2.0 Permitted Use. The easement granted pursuant to this Agreement is for the purpose of and is limited to operating, maintaining,repairing, replacing,and using an existing underground, 1-1/4 inch diameter sewerline("Facilities"herein). Said sewerline is to serve only the Benefited Parcel and used only to carry sewage effluent from Grantee's home to a disposal site north of State Highway 101. Grantee may not expand,change or modify the purpose or scope of the easement granted herein without State's prior written consent, which shall be at its sole discretion and shall be subject to applicable fees according to State's fee schedule. Any unauthorized use of the Easement Area shall be considered a material breach of this Agreement and may be the basis for termination pursuant to paragraph 6.10 Breach or Default. No use will be deemed authorized unless approved in advance in writing by State. 2.1 Grantee's Use and Activities. Grantee shall exercise its rights under this Agreement so as to minimize, and avoid if reasonably possible, interference with State's use of the Easement Area and adjoining park property for park purposes. Grantee shall at all times conduct its activities on the Easement Area so as not to interfere with, obstruct or endanger the public or State's operations or facilities. RESERVATIONS 3.0 Reservations to State. State reserves all ownership of the Easement Area and resources thereon (including timber) and the right of use for any purpose including, but not limited to, the right to remove resources within the Easement Area; the right at all times to cross and re-cross the Easement Area at any place on grade or otherwise; and the right to use, maintain,patrol, reconstruct or repair the Easement Area so long as any such action by State does not unreasonably interfere with Grantee's rights. Control of park gates, roads and lands shall remain with State at all times. State may grant to third parties any and all rights reserved, Easement and Agreement ft 2003-10-629 Page 2 of 15 1 I 1 11111111111 11481256 02/20/2004 04.42P Jofforson County, WA JOAN DOWD JR MULTI 63.00 including easements and leases, so long as any such right granted to any third party,or the exercise thereof,does not unreasonably interfere with the Grantee's rights. In the event State elects to exercise rights provided by this reservation, including future grants to third parties, State shall give written notice to Grantee of such election. 3.1 Use of Area by State. Grantee has been advised and is aware that(a) State is using or intends to use the Easement Area and adjoining park property for recreational park purposes; (b) new park facilities may be constructed in addition to or in replacement of such facilities already existing;and(c)construction of such new facilities may require the installation of roads and other fixtures or improvements over,upon, across and under the Easement Area, and, in addition, may require the location of structures with permanent foundations within the Easement Area. Nothing herein prevents or precludes State from undertaking construction, installation and use of the Easement Area and adjoining park property, and State will not be liable to Grantee or any other party for loss or injury resulting from any damage or destruction of Grantee's Facilities directly or indirectly caused by State's use of the Easement Area, adjoining park property, or State's facilities on the Easement Area or adjoining park property, excepting for loss or injury which results solely from State's failure to exercise reasonable care not to damage or destroy Grantee's Facilities. Further, State shall not be liable to Grantee for any increased cost to Grantee of maintenance, repair or replacement of its Facilities due to State's use and development of the property. INSURANCE,WASTE AND ENVIRONMENTAL LIABILITY 4.0 Insurance. At its own expense, Grantee shall procure and maintain during the term of this Agreement, and require its contractors, subcontractors, or other permitees to procure and maintain while operating on the Easement Area, the insurance described below. All insurance shall be purchased on an occurrence basis,and be issued by a carrier admitted by the Insurance Commissioner to do business in the state of Washington. Commercial General Liability. Insurance written under Insurance Services Office(ISO) Form CG0001 or its equivalent with limits not less than$1,000,000 covering liability arising from premises, operations, independent contractors,personal injury,products completed and liability assumed under an insured contract. Physical Property Damage Insurance. Insurance covering all real and personal property located on or constituting a part of the Easement Area in an amount equal to at least one hundred percent (100%)of the replacement value of all improvements on the Easement Area(regardless of ownership). Grantee may obtain such insurance on an"Agreed Value" basis. Such insurance may have commercially reasonable deductibles. Any co- insurance provisions of the policy will be endorsed to be eliminated or waived. Worker's Compensation Insurance. State of Washington Worker's Compensation coverage, as applicable,with respect to any work by Grantee's employees,contractors, subcontractors, or other permitees on or about the Easement Area and on any improvements. Easement and Agreement#2003-10-629 Page 3 of 15 III ill IIIIII 10111 EMI II I I II 48120!! 02(20/2004 04 42P Jefferson County. NR JOHN DOMD JR MULTI 63.00 4.1 Terms of Insurance. The policies required under this section shall name the state of Washington,Parks and Recreation Commission, as an additional insured. Grantee shall provide to State a certificate of insurance and, if requested, copies of policies, from the Grantee's insurer certifying that coverage in not less than the above named amounts is in force and that,in the event of cancellation or modification of such coverage,the insurer shall give State thirty(30) days' written notice prior to any cancellation or modification. State's receipt of such certificates or policies does not constitute approval by State of the terms of such policies. These notices shall be sent to State as required by Section 6.9,Notices and Submittals. The policies shall reference State's easement number. Further, all insurance policies described in this section shall contain an express waiver of any right of subrogation by the insurance company against State and State's officials,employees, or agents; and expressly provide that the insurance proceeds of any loss shall be payable notwithstanding any act or negligence of Grantee which might otherwise result in a forfeiture of said insurance. 4.2 Self-Insurance. In lieu of the coverage required under Sections 4.0 and 4.1, the State at its sole discretion,may accept evidence of self-insurance by the Grantee,provided the Grantee provides a statement by a CPA or actuary, satisfactory to the State,that demonstrates the Grantee's financial condition is satisfactory to self-insure any of the required insurance coverages. The State may require the Grantee to provide the above from time to time to ensure the Grantee's continuing ability to self-insure. If at any time the Grantee does not satisfy the self-insurance requirement, the Grantee shall immediately purchase insurance as set forth in Sections 4.0 and 4.1. Notwithstanding any self-insurance by the Grantee, it is the responsibility of the Grantee to ensure that its contractors and agents operating within the Easement Area on behalf of the Grantee carry the required insurance. 4.3 Waste. Grantee shall not cause or permit any filling activity to occur in or on the Easement Area,except as approved in advance in writing by State. Grantee shall not deposit refuse, garbage,or other waste matter in or on the Easement Area. 4.4 Hazardous Substances. Grantee shall not,without State's prior written consent, use, store, generate,process, transport, handle,treat,release,or dispose of any hazardous substance or other pollutants in or on the Easement Area. CONSTRUCTION,OPERATION AND MAINTENANCE 5.0 Plan of Development. Existing construction is approved; new construction is subject to approval. At least thirty(30)days prior to any development or the construction of any and all Facilities,Grantee shall submit a completed Plan of Development to State for its written approval and verification. State's approval will be contingent upon acceptance of the Plan of Development by the applicable authorities. The Plan of Development shall include,without limitation, the following: Easement and Agreement#2003-10-629 Page 4 of 15 lI11 IIII1 VIII I III 111111 IIII IMIEllreti"256 Joff.ruan County, WA JOHN DOWD JR MULTI 53.00 a. Map showing areas to be developed, location of Facilities and location of utility and other easements; b. Land clearing, leveling and erosion control plans; c. Specific physical characteristics, technical specifications and components of Facilities; d. Schedule of completion dates for Facilities components;and e. Detailed description of activities to be conducted in the Easement Area. No new construction, reconstruction or development of any kind may take place within the Easement Area prior to State's written approval of the Plan of Development and verification that Grantee has obtained all applicable permits. State will notify Grantee in writing of its verification of permits and approval of the Plan of Development. Nothing in this Agreement shall be deemed to impose any duty or obligation on State to determine the adequacy or sufficiency of Grantee's Plan of Development or to ascertain whether Grantee's construction is in conformance with the Plan of Development and Facilities Specifications approved by State. During construction and maintenance, Grantee shall minimize soil erosion and damage to soil. Grantee's equipment shall not be operated when ground conditions are such that excessive soil damage or erosion will occur. In case of incomplete improvements or development, Grantee shall restore the Easement Area to its original condition, if State determines it to be in the best interest for managing the Easement Area. 5.1 Timing and Duration. Unless otherwise approved in writing by the State, Grantee shall conduct all work prior to May 15 and after September 15 of each calendar year,and the duration of construction activities within the Easement Area shall not exceed two(2) weeks. Grantee shall pay State one hundred U.S. dollars ($100.00)per week,or fraction thereof, that construction exceeds this approved construction timeframe. Except in the event of an emergency or with State's prior written approval, it is understood that construction access shall be confined to daylight hours and is strictly prohibited on weekends and holidays. The speed limit within the park is 10 m.p.h. Pedestrians shall have right of way over vehicles at all times. State reserves the right to further condition, limit or restrict the timing and duration of Grantee's activities at State's sole discretion. 5.2. Temporary Closure for Cause. If at any time during the term of this Agreement Grantee damages State's property such that it interferes with normal operation of the park or causes excessive damage to natural resources, roads or other facilities, determined at the sole discretion of the State, State may close access to the park until Grantee remedies the situation to the satisfaction of the State. It is understood that there is no recourse against the State for any losses incurred during the shutdown. 5.3 Unauthorized Improvements. All improvements not included in the original permitted use of the Easement Area, or as otherwise approved in advance in writing by State,are prohibited and may be cause for termination under paragraph 6.10 Breach or Default. Improvements placed within the Easement Area without State's prior written consent shall Easement and Agreement#2003-10-629 Page 5 of 15 III 11E1III II 11111 IIIII HI 1111I II IIII 44513048R Jefferson County WA JEFFERSON TITLE CO I 0T 28.00 01-0163-002726413-4 and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: la) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party for parties) to these agreements. These agreements may require the mortgage WASHINGTON Page 9 of 17 1529 IO4-0 f) B 9 (Ill!!!111111111111 III IIIII I1Il 1111111111111111 III HIi Page: 11of 21 J4ff•rson County, IJA JEFFERSON TITLE CO I 7129/28010011'4811 01-0163-002726413-4 insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: la) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or WASHINGTON 1519 t04-011 Page 10 of 1 7 1 Jaffarcor County, WA JEFFERSON TITLE CO I DT 28.00 01-0163-002726413-4 loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgement, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgement, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. This Security Instrument cannot be changed or modified except as otherwise provided herein or by agreement in writing signed by Borrower, or any successor in interest to Borrower and Lender. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. No waiver by Lender of any right under this Security Instrument shall be effective unless in writing. Waiver by Lender of any right granted to Lender under this Security Instrument or of any provision of this Security Instrument as to any transaction or occurrence shall not be deemed a waiver as to any future transaction or occurrence. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by WASHINGTON 1529(04-01) Page 1 1 of 17 II II I 1111 it 11111 II II I I ��� 1 .148A Jeffsrron County, WA JEFFERSON TITLE CO I DT 28.00 01-0163-002726413-4 Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. Borrower shall pay such other charges as Lender may deem reasonable for services rendered by Lender and furnished at the request of Borrower, any successor in interest to Borrower or any agent of Borrower. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. WASHINGTON 1529(04-011 Page 12 of 17 IIll 111111113111111111 liii IIINII II INC I II 4451o30 Jtffarson County, WO JEFFERSON TITLE CO I P/2°12208010011 48g 01-0163-002726413-4 As used in this Security Instrument: la) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred for if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgement enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; lb) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or Id) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a WASHINGTON 1 5 29 104-0 11 Page 13 of 17 >II11111111I1III II11111IIIIIII IIIII III 4456 3, 4es Jefferson County, WA JEFFERSON TITLE CO I DT 28.00 01-0163-00272641.3-4 sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party Iwith such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substance in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency o'r private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use, or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. WASHINGTON Page 14 of 1 7 Pa 1529 104-011 9 III 1 1 Jefferson County, NA JEFFERSON TITLE CO I DT 28 00 01-0163-002726413-4 NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Borrower or any successor in interest to Borrower files (or has filed against Borrower or any successor in interest to Borrower) a bankruptcy petition under Title II or any successor title of the United States Code which provides for the curing of prepetition default due on the Note, interest at a rate determined by the Court shall be paid to Lender on post-petition arrears. If Lender invokes the power of sale, Lender shall give written notice to Trustee of the occurrence of an event of default and of Lender's election to cause the Property to be sold. Trustee and Lender shall take such action regarding notice of sale and shall give such notices to Borrower and and to other persons as Applicable Law may require. After the time required by Applicable Law and after publication and posting of the notice of sale, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of the Property for a period or periods permitted by Applicable Law by public announcement at the time and place fixed in the notice of sale. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or warranty, expressed or implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it or to the clerk of the superior court of the county in which the sale took place. 23. Reconveyance. Upon payment of all sums secured by this Security instrument, Lender shall request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty to the person or persons legally entitled to it. Lender or the Trustee (whether or not the Trustee is affiliated with Lender) may charge such person or persons a fee for reconveying the Property, but only if the fee is not prohibited by Applicable Law. WASHINGTON 1529(04 011 Page 15 of 1 7 !N{4N�111IlINIIllI11H1111N1{IIII1lIIINNHII11 �4513f04.A Jefferson County, WA JEFFERSON TITLE CO I OT 21.00 01-0163-002726413-4 24. Substitute Trustee. In accordance with Applicable Law, Lender may from time to time appoint a successor trustee to any Trustee appointed hereunder who has ceased to act. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by Applicable Law. Trustee may destroy the Note and the Security Instrument three (3) years after issuance of a full reconveyance or release (unless directed in such request to retain them). 25. Use of Property. The Property is not used principally for agricultural purposes. 26.Attorneys' Fees. Lender shall be entitled to recover its reasonable attorneys' fees and costs in any action or proceeding to construe or enforce any term of this Security Instrument. The term "attorneys' fees," whenever used in this Security Instrument, shall include without limitation attorneys' fees incurred by Lender in any bankruptcy proceeding or on appeal. ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. J. JO F DOWD JR X ' AO-d/Ack DALILA M DOWD WASHINGTON Pa a 16 of 1 7 1525 I04-011 9 l I (i 11111445130. UlilUIl Pnsa: ,0 or 2t 06/20/200, Jefferson County, iW AMMON TITLE CO 1 01' 26.00 01-0163-002726413-4 (Space Below This Line For Acknowledgment) STATE OF WASHINGTON Q..L . /-�'e4 � County ss: 0 On this cw2►t(/'day of 2_o(5/ , before me the undersigned, a Notary Public in and for the State of aW shington, duly commissioned and sworn, personally appeared 919-41.-t. F, yak-h-cL , 94 • to me known to be the ' .vidual(s) described in and who executed the foregoin strument, and acknowledged to me that She/they signed and sealed the said instrument as c5/her/their free and voluntary act and d6 e2,for the uses and purposes therein mentioned. WITNESS my hand and official seal affixed the day and year in this certificate above written. My Commission expires: S •/9/,- U�� /C: ,[Zj�.��11 Notary Public for the State of WaehitOibn residing at:• I IY/.6 t 7:31:4.,.:\0, 1./ ‘V ‘ 1`1-\\ WASHINGTON Page 9 e 77 of 17 HIll IUI II 11 I�if�VIIIIII illill��III ill 4.45130 Joffor.on County, WA JEFFERSON TITLE CO t D 1221 2401011.48A STATE OF 1,00,Sin/7497h7 ) County of 4,- 4-s l ) I certify that I knsw or have satisfactory evidence that .f�l1lcict� — is/arethe person(s) who appeared before me, and said person(s) acknowledged that he/she/they signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Dated, G Z- .-5 cD?aU/ /- (d-Au 077 Signat L111511/7aJlr e Title My appointment expiress 7777 ,/ // c,?Oc s- 7 Mdmploimis I 111HqO FlSHBL Illipaposlemnt Bcpin»M y11,aOM II i I�I I III 111 II II III 0 �I 4p4,011:5201. 021 3 40A Jefferson County, WA JEFFERSON TITLE CO 1 OT 28.00 LEGAL DESCRIPTION: PARCEL A: That portion of Government Lot 3 in Section 10, Township 25 North, Range 2 West, W.M. , described as follows, to wit : Commencing at the East meander corner; thence North 55° East 65 feet; thence West on true line to public road (Old State Highway No. 9) ; thence South along the East side of said public road to the South Section line between Section 10 and 15 said Township and Range; thence East along said Section line to the POINT OF BEGINNING. TOGETHER WITH all tidelands of the second class, as conveyed by the State of Washington, situate in front of, adjacent to and abutting upon the above described as uplands . EXCEPTING THEREFROM that portion conveyed to the State of Washington by instrument recorded April 27, 1955, under Auditor' s File No. 145452, records of Jefferson County, Washington. Situate in the County of Jefferson, State of Washington. PARCEL B: All that portion of Government Lot 3 , Section 10, Township 25 North, Range 2 West, W.M. , described as follows : Beginning at the South 1/4 corner of said Section 10; thence South 88° 09' 04" East, along the south line of said Section 10, 368 . 61 feet, the TRUE POINT OF BEGINNING; thence North 78° 29' 02" East 151. 49 feet; thence North 85° 52' 57" East 85 . 60 feet; thence South 80° 25' 20" East 36 . 82 feet; thence South 66° 40' 56" West 34 .30 feet; thence South 85° 52 ' 55" West 160 .47 feet; thence South 74° 23' 56" West 25 . 66 feet, more or less, to the said South line of Section 10; thence North 88° 09' 04" West, along said South line 53 . 89 feet, more or less, to the TRUE POINT OF BEGINNING. Situate in the County of Jefferson, State of Washington. III 11111111111111111111111111111111111111 I488 Jefferson County. WA JEFFERSON TITLE CO I OT 28.00 PARCEL C: All that portion of Government Lot 3, Section 10 , Township 25 North, Range 2 West, W.M. , described as follows : Beginning at the South 1/4 corner of said Section 10; thence South 88° 09' 04" East, along the South line of said Section 10, 368 . 61 feet; thence North 78" 29' 02" East 151.49 feet; thence North 85° 52 ' 57" East 85.60 feet; thence South 13° 43' 04" East 20. 28 feet; thence North 66° 40' 56" East 71.41 feet to the TRUE POINT OF BEGINNING of this described tract; thence South 66° 40' 56" West 36 .34 feet; thence North 88° 09' 04" East 27.30 feet; thence North 55° 01' 11" East 7.48 feet; thence North 02° 06' 44" East to the TRUE POINT OF BEGINNING. TOGETHER WITH all tidelands of the second class situate in front of, adjacent to and abutting upon the above described tract . Situate in the County of Jefferson, State of Washington. PARCEL D: That portion of Lot 1, Pleasant Harbor Marina Short Plat, as per plat recorded in Volume 2 of Short Plats, page 221 thru 223 and amended in Volume 3 of Short Plats, pages 8 thru 10, records of Jefferson County, Washington, described as follows : That portion of Government Lot 3 abutting 2nd class tidelands in Section 15 , Township 25 North, Range 2 West, W.M. , Jefferson County, Washington, being more particularly described as follows : Commencing at the North 1/4 corner of Section 15, Township 25 North, Range 2 West, W.M. , Jefferson County, Washington; thence South 88° 13' 42" East along the North line of said Section 15 for a distance of 364 . 50 feet to the point of beginning; thence continuing South 88° 13 ' 42" East 238 . 76 feet to the line of mean high tide; thence South 61° 12' 00" West along the line of mean high tide 34 .78 feet; thence North 40° 41' 54" West along the line of mean high tide 3 . 31 feet; thence South 62° 36' 19" West along the line of mean high tide 26 .83 feet; thence South 87° 54 ' 36" West 166 .65 feet; thence North 21° 21' 05" West 43 .00 feet to the point of beginning. TOGETHER WITH tidelands of the second class, situate in front, adjacent to and abutting upon the above described tract Situate in the County of Jefferson, State of Washington. III it IIIIII III NII I 11 II III II III 448086aM Jet bardon County, an JOHN DO11O JR OT 10.00 AFTER RECORDING MAIL TO: JOHN F. DOWD,SR. 28412 BUENA VISTA MISSION VIEJO, CA 92692 Filed for Record at Request of Escrow Number: DOWD DEED OF TRUST (For use in the state of Washington only) Grantor(s): JOHN F. DOWD, JR., DALILA M. DOWD, JR. Grantee(s): Beneficiary- JOHN F. DOWD,SR. and KATHRYN DOWD, husband and wife,Trustee - JEFFERSON TITLE COMPANY, INC. A CORPORATION Abbreviated Legal: Additional legal(s)on page: 3 Assessor's Tax Parcel Number(s): THIS DEED OF TRUST,made this 10th day of September, 2001,between JOHN F. DOWD, JR. and DALILA M. DOWD, husband and wife,GRANTOR,whose address is P.O. BOX 142, BRINNON, WA 98320, JEFFERSON TITLE COMPANY, INC. A CORPORATION, TRUSTEE,whose address is P.O. BOX 256, PORT TOWNSEND, WA 98368,and JOHN F. DOWD,SR. and KATHRYN DOWD, husband and wife,BENEFICIARY, whose address is 28412 BUENA VISTA, MISSION VIEJO, CA 92692, WITNESSETH: Grantor hereby bargains, sells, and conveys to Trustee in trust,with power of sale, the following described real property in County,Washington: A PORTION OF GOVERNMENT LOT 3, SECTION 10, TOWNSHIP 25 NORTH, RANGE 2 WEST,W.M., JEFFERSON COUNTY, STATE OF WASHINGTON. LEGAL DESCRIPTION IS ATTACHED HERETO ON PAGE 3 AND INCORPORATED HEREIN BY THIS REFERENCE. THIS DEED OF TRUST IS NOT ASSIGNABLE. APN# 502 104 006 which real property is not used principally for agricultural or farming purposes, together with all the tenements, hereditaments, and appurtenances now or hereafter thereunto belonging or in any wise appertaining,and the rents, issues,and profits thereof. • This deed is for the purpose of securing performance of each agreement of Grantor herein contained, and payment of the sum of FIFTY FIVE THOUSAND FIVE HUNDRED FIFTY FOUR AND 28/100 Dollars(S 55,554.28) with interest, in accordance with the terms of a promissory note of even date herewith, payable to Beneficiary or order, and made by Grantor, and all renewals, modifications and extensions thereof, and also such further sums as may be advanced or loaned by Beneficiary to Grantor, or any of their successors or assigns,together with interest thereon at such rate as shall be agreed upon. To protect the security of this Deed of Trust.Grantor covenants and agrees: I.To keep the property in good condition and repair;to permit no waste thereof;to complete any building.structure or improvement being built or about to be built thereon;to restore promptly any budding.structure.or improvement thereon which may be damaged or destroyed;and to comply with all laws,ordinances,regulations.covenants,conditions.and restrictions affecting the property. 2,To pay before delinquent all lawful taxes and assessments upon the property;to keep the property free and clear of all other charges,liens or encumbrances impairing the security of this Deed of Trust. 3.To keep all buildings now or hereafter erected on the property described herein continuously insured against loss by fire or other hazards in an amount not less than the total debt secured by this Deed of Trust. All policies shall be held by the Beneficiary,and be in such companies as it Beneficiary may approve and have loss payable fiat to the Beneficiary.as is interest may appear.and then to the Grantor. The amount collected under any insurance policy may be applied upon any Indebtedness hereby secured in such order as the Beneficiary shall determine. Such application by the Beneficiary shall not cause discontinuance of any proceedings to foreclose this Deed of Trust. In the event of foreclosure,all rights of the Grantor in insurance policies then in force shall pass to the purchaser at the foreclosure salt. LPB-22 Page I II 11 11 II II 111111111 1[111 II 4480816 aan Jotter-eon County, tea JOHN 00110 JR DT 10.05 4.To defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee,and to pay all costs and expenses,including cost of title search and attorney's fees in a reasonable amount,in any such action or proceeding, and in any suit brought by Beneficiary to foreclose this Deed of Trust. 5.To pay all costs. fees,and expenses in connection with this Deed of Trust, including the expenses of the Trustee incurred in enforcing the obligation secured hereby and Trustee's and attorney's fees actually incurred,as provided by stature. 6.Should Grantor fail to pay when due any tuxes,assessments,insurance premiums,liens.encumbrances or other charges against the property hereinabove described,Beneficiary may pay the seine,and the amount so paid,with interest at the rate set forth in the note secured hereby,shall be added to and become a part of the debt secured in this Deed of Trust. IT IS MUTUALLY AGREED THAT' 1.In the event any portion of the property is taken or damaged in an eminent domain proceeding,the entire amount of the award or such ponies as may he necessary to fully satisfy the obligation secured hereby,shall be paid to Beneficiary to be applied to said obligation. 2.By accepting payment of any sum secured hereby after its due date,Beneficiary does not waive Its right to require prompt payment when due of all other sums so secured or to declare default for failure to so pay. J.The Trustee shall reconvey all or any part of the property covered by this Deed of'Trust to the person entitled thereto,on written request of the Grantor and the Beneficiary,or upon satisfaction of die obligation secured and written request for reconveyance made by the Beneficiary or the person entitled thereto. 4.Upon default by Grmtor in the payment of any Indebtedness secured hereby or in the performance of any agreement contained herein.all sums secured hereby shall immediately become due and payable at the option of the Beneficiary. In such event and upon written request of Beneficiary,Testa shall sell the trust property, in accordance with the Deed of Trust Act of the State of Washington,at public auction to the highest bidder. Any person except Trustee may bid at Trustee's sale. Trustee shall apply the proceeds of the sale as follows:(I)to the expense of the sale, including a reasonable Trustee's fee and attorney's fee:(2)to the obligation secured by this Deed of Trust:and(3)the surplus.if any,shall be distributed to the persons entitled thereto. 5.Trustee shall deliver to the purchaser at the sale its deed,without warranty,which shall convey to the purchaser the interest in the property which Grantor had or had the power to convey at the time of his execution of this Deed of Trust,anti such as he may have acquired thereafter. Trustee's deed shalt recite the facts showing that die sale was conducted in compliance with all the requirements of law and of this Deed of Trust.which recital shall be prima facie evidence of such compliance and conclusive evidence thereof in favor of boa fide purchaser and encumbrances for value. 6.The power of sale conferred by this Deed of Trust and by the Deed of Trust Act of the State of Washington is not an exclusive remedy:Beneficiary may cause this Deed of Trust to be foreclosed as a mortgage. 7.In the event of the death.incapacity,disability or resignation of Trustee,Beneficiary may appoint in writing a successor trustee,and upon the recording of such appointment In the mortgage records of the county in which this Deed of Trust is recorded.the successor trustee shall be vested with all powers of the original trustee. The trustee is not obligated to notify any party hereto of pending sale under any darer Deed of Trust or of any action or proceeding In which Grantor,Trustee,or Beneficiary shall be a party unless such action or proceeding is brought by the Trustee. g.This Deed of Trust applies to,inures to the benefit of,and is binding not only on the parties hereto,but on their heirs,devisees, legatees,administrators,executors,and assigns. The term Beneficiary shalt mean the holder and owner of the note secured hereby, whether or not named as Beneficiary herein. (((\�y�j(/� JOHNI,E. DOWD, JR. DALILA M. DOWD STATE OP WASHINGTON County of JEFFERSON } SS: I certify that I know or have satisfactory evidence that JOHN F. DOWD, JR. AND DALILA M. DOWD are the person s who appeared before me.and said person s acknowledged that they signed this instrument and acknowledge it to be the i r free and voluntary act for the uses and purposes mentioned in this instrumeni. Dated: September 10TH, 2001 ,,, At... Pre) KRENRTIN KAREN R. MARTIN Notary • blic in and for the State of WASHINGTON • STATE OF WASHINGTON Residing at BRINNON NOTARY PUBLIC My appointment expires: 10/14/2001 W COVVISSI0$I EXPIRES ll-$—o1 LPB-22 Page 2 dlila1111 1111 11111� lit 4480863n 07 10.00 • REQUEST FOR FULL RECONVEYANCE Do not record. To be used only when note has been paid. TO:TRUSTEE The undersigned is the legal owner and holder of the note and all other indebtedness secured by the within Deed of Trust. Said note,together with all other indebtedness secured by said Deed of Trust.has been fully paid and satisfied;and you are hereby requested and directed,on payment to you of any sums owing to you under the terms of said Deed of Trust,to cancel said now above mentioned.and all other evidences of indebtedness secured by said Deed of Trust delivered to you herewith,together with the said Deed of Trust,and to reconvey,without warranty.to the parties designated by the terms of said Deed of Trost,all the estate now held by you thereunder. Dated 1,1'13-22 Pajc3 PARCEL B ,RA�E OJROEp W U8, , THI3et)lFFICIAL RECORDoa ruse c17QrPRt DUES 01_ F 3CL911'7 96 HAR--ppl PHH33! 446 Filed for Record of Ranuatt tat DONNA II. ELDRIDGE JEFFERSON COUNTY AUDITOR D'r Ty NAME /j^'t` l.t •: ` t'1 `�{' aa}}^^ yy Jci L'i,r Gars` ,a0,1iilly i•srrl!.JA ADDRESS. P. t�l. !�X $S CITY AND STATE 8tiinnon. WA 98320 ilk Warranty Fulfillment De_ •� THE GRANTOR dFLR G'L3 A SMILE PERSON • for and in consideration of One Dollar and Other Valuable on 34def a ion. in hand paid,conveys and warrants to Leon V. Yoetbe g • Mari•-1 V. Voetberg, husband and wife the following described real estate,situated in the county f Jeffer on ,State of 'ashington: sz f oY �� �c,��leh ,r, NI 1 IEFFERSON COUNTY i/i/ i EX SE IM e Af. Na, 1`i 'r'1p . ,bU Date Paida-j�,-`cAmt r O O B. . !-: ,- „•,t % i a IRFASUREB \ This deed is given in fulfillment .1 •t r•in real estate contract between the parties hereto, dared FEBRUARY ,,t t9 96 ,and conditioned for the conveyance of the above described property,and tit ena s o a y herein contained shall not apply to any title,interest or encumbrance arising by, t o r • r t, purchaser in said contract, and shall nor apply to any taxes, assessments or other char, < as ed or becoming due subsequent to the dare of said contract.Real Estate Exeiae tax paid on , 4t. (o Affidavit No.')3B`610 Recording number $isms / J 19"46 Dated this • day of -October Xi 9L 44 0 out) • STATE 0 WAS GTON, s• Coal. effer . e• char • pe onally appeared before me Jack Gaub • to .w to be the individual described in and who executed the within and foregoing instrument,and acknowle•: d t at he signed the same as his fret and voluntary ace and decd,for the and pu •• es therein mentioned �j GI• :N ruler my hind a 1� I VA day of • tb a '�``gg •f I I a� iCI'% 'u...'�tt t.I5 Pa:G'r In and for rhi SIaN a Wmb'a8tae rtldingal •-Bt im,o, Expires. (tet!to a `nota1Ur. yv ba Y Y O I f l l l l l l lO t t`,````` MAR . 1 1996 vol, 546 .4.x482 LEGAL DESCRIPTION; That portion of Government Lot 3 in Section 10, Township 25 North, Range 2 West, W.M„ described as follows; Beginning at the point of intersection of the West line of said Lot 3 with the Northwesterly margin of State Road No. 9; chance Northeasterly, along said Northwesterly margin, 450 feet to the true point of beginning; thence Northweaterly in a straight line to a point on eaid West line distant 840 feet South of the Northwest corner of said Lot 31 thence North, along said West line, to a point thereon distant 560 feet South of said Northwest corner; thence East 465 feet; thence South 270 feet; thence East to the said Northwesterly margin of State Road No. 9; thence,Southwesterly, along said Northwesterly margin, to the true point of beginning; EXCEPT that portion thereof, if any, lying within the West`$D, feet of the East 160 feet of said Lot 3 lying Northerly of said highway; ALSO EXCEPTING THEREFROM that portion.described as foll�a1 — ' Beginning at the point of intersection of the West line-of avid t 3 with the Northwesterly margin of State Road No. 9; ; thence Northeasterly along said Northwesterly margin,658�L et it(a point designated as "Point A" herein for description pur �'Cn,;- ,aa -We thence Northwesterly in a straight line to a point nn line, distant 840 feet South of the Northwest corner of said Lot 3--and e. True Point of Beginning; —� "-\ -', thence North along said West line, 260 feet; 7,--- � thepce Eaat, 260 feet; \ thence South parallel to said West line, 260 fSgt� / thence West, 260 feet to the True Point af,$sgi ni g; SUBJECT TO: 7 �'' EASEMENT AND THE TERMS AND CONDITIONS yRl`�REOF: GRANTEE: Steven Bohi7rg-and Janet Boling, husband and wife PURPOSE: Septic system driLnfield AREA AFFECTED: Por ieo of said premises end other DATED: pr arty,, July 26�19831- RECORDED, July 27, 83\ RECORDING NO.: 2847512-,„„, / THE DESCRIPTION CONTAINED THER IP( S/D(OTJSUFFICIENT TO DETERMINE ITS EXACT LOCATION WITHIN THE PROPERTN REIN DESCRIBED. EASEMENT AND TEE TERMS AND CONDITIONS THEREOF, GRANTEE // / Dggnit/P Thompson and Josephine A Gaut; PURPOSE %; Ilse and enjoyment of an exieting spring, waterltank and water pipeline AREA AFFECTED ,,,, \ �;--{{++ortion of said premises and other < / � property DATED /';''' („ . July 15, 1981 RECORDED f ( ,r-� 20, 1981 RECORDING NO. \J 273521 ice, EASEMENT AND TyiE(T '-AND CDNDITIONS THEREOF: GRANTEE \ <' \! PURPOSE )„^ : Dennis P Thompson, a tangle man �� , Roadway, power, water and telephone AREA AFFECTED purposes // —,�\` Fr Portion of eaid premises and other DATED ` i , July 16, 1981 RECORDED \ / , July 20, 1981 RECORDING NO. A__,.' r 271522 Situate in the County of Jefferson, State of Washington. p i1 11 • • VOL 546 YA.,r483 • • • • 7 i 273521 ato.,au OF :FFlCI1 B C ?� _Ci SPRING ACCESS EASEMENT AGREEMENT • This agreement , dated July / I98I betwErrin„'ariflt6;f 4 : 3p Dennis P . Thompson and Josephine A. Gaub as Grantee , 1, 6.'."'E"" relates the terms and conditions of use and enj.oymen '� an existing spring, water tank and water "" ' e g Pipeli�i�a�r; r.tF rr !i 10, T25, R2W, Gov. Lot 3(Less N275feet EI60) LSTX 4, 7, 13, I4 all N of Hwy Grantor hereby conveys to Grantee an easement to divert water from an existing spring, to store the water in an existing 3000 gallon (approx) concrete tank and transmit the water through an exisiting water line to Grantees property boundary. Grantor also conveys to Grantee the right to enter onto Grantors property to maintain and repair said spring, tank and piping Grantor conveyance of this easement shalt be limited • to Grantee aad Grantee' s heirs Should Grantee or Grantee' s heirs assign, lease or in anyway convey their interest in the property upon which said water is utilized all interest herein conveyed shall revert to Grantor irre `�.r-i -. N lL a l w4at, GRANTOR 2 -- • 273522 • R€CCd"oi8 N yte.',F OF QFFInC ezt'�BS_OF� EASEMENT For a valuable consideration. receipt of which is hereby acknowledged. the Grantor(s), Jgsephine s., Gaub, a -ingle woman, '61 JUL 20 FM 31 hereby granty and convey__to the Crantee(al, Dennis P. Thmmnen , a el inr{r.f wvi ! v' h. successors and assigns, the right,privilege and authority fp.Ao)stStsirtggi'ey'riiiair and maintain —a.-Z daaay end power, uuatar_ and telephony • • across, over and upon ....tem at the following land. located in Jefferson County, Slate of Washington. to-wit: That portion of Government lot 3 in section 10, township 25 north, range 2 west, W.m, 15 feet on both sides of 06 following described easement center line; Beginning at the northwest corner of said lot 3; thence east., along the north line thereof, 425 feet to • the true point of beginning: thence south, parallel to the west line of said lot 3, 0 distance of 560 feet: thence east 40 feet: thence south 270 feet: thence east to the northwesterly boundary of State Highway 9, thence southweeterly, along said northwesterly margin of said State Road No. 9, 300 feet to the true point of beginning of geld easement: said point being the centerline of said easement; thence north, parallel to the west line of said government lot 3; to the south line of a certain tract of lend conveyed to Dennis P. Thompson. by instrument dated June 20, 1980, recorded August 1, 1980, t • under auditor's file No. 266844 and the terminue of said easement. The Crantor(s) shall make no use of the land occupied by said j (tannin P Thrv.p.on I except for roadway, Dower, water. end telephone purposes In exercising the rights herein granted, the Grantee(s),_hie—successors and assigns. may pass and repass over said easement and may cut and remove brush, trees and other obstructions which in the opinion of the Crentee(sl interfere(sl with • •• •- •- • The envenoms herein contained shall run with the land and are binding upoti,atf'strbtet uent owners thereof. • In Witness Whereof, the said Grantorls) hart_..executed this instrument this. J6• day of ' 19 {/�� '•• �n �y f .�1 ;•�r.r�. ' STATE OF WA IIINGTON, ss. (Individual Acknowledgment) County of d t. ?W./1;Y • 7-1--c'1---).4-4( 7'. Notary Public in and for the State of Washington. residing at `, 2.r 7 s * �r ✓5 .do hereby certify that on this /G day of • c�'lGtf t9 , personally appeared before me to me known to be the individual_described in and who executed the within instroihent•and acknowledged that _5'e-- signed the same as �t,'-c— free sad voluntary act and deed for the uses and purposes herein mentioned. - - GIVEN UNDER MtYHANDANDOFFICIALSEALihis /47 deyof 19 F/ I�=_ Q V Notary Public in and for the State of Washington. residing at L'?Y )v'lti''-fms'd County. • ,. , . a DECLARATION Of EASEMENT 27775 2 WHEREAS, William G. Dueaing and Carol K. Dueling, his wife are the`purchaaers of the following described property, having purchased ssmsfTrom Gustaf A. . Gsub, • single man, on a Real Estate Contract dated March 25T_1980 and\record- -ed in Jefferson County files. The North 560 fest of the-West 425-feretof Government Lot 3, Section 10, Township 25 North, Range,4 Waat,'W.M. eitu.ted in Jefferson County, Washington and designated as Tax,13;(. AND WHEREAS, In Jefferson County Superior Court Case No. 9161t.xaub vs Gsub, • divorce action, the court awarded the above described,property and an ease- ment to the property to the above mentioned Gustaf A._Gwb. % 1 . AND WHEREAS,In the ebov0 mentioned Contract of Sale, dated March 25, 1980, Gustaf A. Gsub did include en esasmsnt to,tha, abav 1surttdned property. AND WHEREAS, the parties hereto desir✓tp _, ar.She location of the easement recorded in the above mentioned Real Estate Canttect es a benefit to the ad- joining property owner, Mrs. Josephine, Ar,Gaub. '! ' f NOW, by mutual agreement between Gustaf h.,„Geubytd Willie. G Dueling and Carol K. Dueling, his wife, the easement to the-above mentioned Tax 13 shall now reed se follows: Gustaf A. Geub hereby grants i non-exeluatve road easement for ingress, egress end utilities purposes. eld teesaant to commence at a point on the Northwesterly margin of U.S. Highwiy,101'Were the existing access road runs thanes Northeasterly to • point/Where this Northerly boundry line of Tax 15 in Government Lot 3, Section 104 TDTnehp-25 North, Range 2 West, W.M., Jefferson • . County,' Washington intir•5acts\the Ox4■tling access road. Said paint designated se Point a for desdripk6 n/ittrpoies. ,Commencing it Point 8 the easement will . be 30 fest in width and will baah H-49* 53' 30" W for 75 feet along the Northerly boundry line¢f-satb.Tax 15 in Gov't Lot 3, Section 10, Township 25 . North, Range 2 West, W,M.„/ Thfnci..N 020 05' 37" E to the South boundry line Of Tax 13, said Tax 1.3 being,,thT North 560 test of the blast 425 feet of • • Goverment lot 1,i Sect-ion.,10,'Township 25 North, Range 2 West, W.M. situated in Jefferson County,, Washington. Where Tax 14 adjoins the East line of Tax 16 this easement-j7f.aaha to-be'on the Westerly 30 hest of Tax 14 all in Cov- ernment Lot-3,%S.Ction 10,, Township 25 North, Range 2 West, W.M., situated in Jefferson County,<Washington. Said easement to be in favor of William G. • Dossing enci Carol Kw.Oueeing, theirs heirs, successors end assigns. Dated (144, 982 i.=%`r_a4vOL:IrE /// -, 3F?FFICII1 PCC8?J4 CF_ • Gustaf'... Garb . . - �/ / t82 APP I3 AM 10: Cm • �1 . STATE OF Y.SHI GTON, s s. - 1 .3.,-. :3 SAFECO of /� ��iii y personally appeared before me .� r / ✓, • --�[� A ) Irrr•:n a r DFFUTY C \ to xf irp.n sp be ihe(ip�dividnal_described in and who executed the aithin and farc,oinp instrument and ' \ednoiitttEed mope dolt ''-I .1--- signed the santo as 4--4-A-'1 fret and.oluntaty act and deed foe cM(1:13": it erejn..nY.Rf'ioged. P • }. _ _ / 0 G..` -G:oe" ad0..,,Food..d of/i.', seal lh: dnr,., _, lyJE^}-� • ✓ y� 161. :.1476 i <._.„..,,4•..-____- ... f . .. Nalary P.blit 1.®d/nr the SIWs of Wa.Fi.aro..residi.e at-W4z.4 t3t.2 TLH RI 11/14 SAFECO Lot In,u,a'a Company-ACKNOWLEDGMENT-ORDINARY " 3 ADr.19,1982._-T_ _--_ ---'-----------------------,------ • 284 780 ., ': EASENE T AG[EEN&YT d., 'P 53 , This easement agreement, dated .31Li Z i , 19f q. r ate • location, terms and conditions w:,ereby the undecsi;ned : .nro - Josephine A. Gaub, conveys to Steven holing and Janet :•ling. and wife, their successors, heirs and assigns, a. : If:4.0 _ septic cystes drainfield. •._ Location: The drainfield shall :,e lo ted .-twe- the - isting driveway and the Highway 1. - of way , .e South- westerly 150 ft. of grant.rs propert- i the Southwest Quarter of Gov. Lot 3, ec ion 10, T. .ship 25 N.., Range 2 W.W.N. Conditions of Use: The easement conveyed •.-rein - all be for the purpose of cons • ting, operating end maintaining a drainfield for s :le family residence only. Sect residence shall be ora•-d on property now tuned by the grantees which a .. P -asant Harbor and to ocher. Grantees shall e .. or r .e of the above mentioned property than I. in eld • rposes. No fences, build- ings, trees •r o i s• face structures or plants shall i inst -•_/ •Sh d said property become on- suttab drai.fi sea then all grantee irte:c.-t shall to nat. a • t .s agreement shall become void. Grantor here- a: ees to take no action to make the area, •eac The. above, to be used as a drainfield un- usez. e .r --t purpose. Grantor shall not at any time lie-le for any cost or expense arising from the .xc- ci - .f chic easement. This easement shall •- excerc ed except in a lavfull manner in accord 1th th gulations and permits of the Jefferson •. .ty lth Departncnt. A valid permit to install the • ai field shall b: squired by the grantees prior t. inst iatiom of said drainfield. The sign. .;cantor, Josephine A. Gaub, hereby coneys said ea bject to the above Cond'tions of Use, to grantees Steve a.• . t Boling, their successors, heirs and assigns. iS O i:'- -h6W N ea .Cf-ts- - ' c b • -firepline A. Gaub - • i 3 `N. r a.. 4041111 . - r.; 177 :;,314 J u1 27 1983 O ` s.. • • • • • 441\ • • y •;_ic !TAU Cr wMI GivN J ••r:••• • . fir • ��{;. _y': OY M��rrwd...-.r �Y'!.F' .♦ _ __�.-i__�- 4 .r r Lr.wig o-. .. �.`.• ... ",!). 41,1114 � i.ammo/ ii — .iri ir��IAw �kYK1..m • fir 1A2). '. 40 1 1.4 •I�Y./� .. • 1 ._'.1• - _ /•4J y i. ti va•177 •:. 315 - r~' =. 1111C11‘ • • J`1 27,1983 DECLARATION Of EASEfifh, 2SLatiG I weREAS, Willis. G. (Wooing and Carol %. Owdng, his rife era the purchasers of the following described property, having purchued same free Gustaf A. Gaub, • single wan. on a Real Estate Contract dated ?!arch 25, 1960 end record- -ed in Jefferson County files. The North 560 feet of the West 425 feet of Government Lot J, Section 10, Township 25 North, Penge 2 West, 10.1. situated in Jefferson County, Washington and designated as Tea 13. AID WHEREAS, In Jefferson County Superior Court Coe. No. 9161, Gaub vas Geub, • divorce eaten, the court awarded the Move described property end sn ease- ! w ent to the property to the abases eentioied Gustaf A. Gaub. AND WNEREAS,[n the above mentioned Contract of Sale, doted fiareh 2S, MO Gotta? A. Gaub did include an eseseant to the above untionad proper AID WHEREAS, the parties hereto desire to altar.the location of the.s' recorded in the above mentioned Real Estate Contract •s • bane? 4 a• Joining property owner. firs. ]aaapAhin■ A. Cauuf and Duesing- will as a condition hereof, provide all-negeesary culverts N W, by eutuel •greesant between M. Gaub end Utilise • 0 ad • Carol K. Owning, his wife, the es.esnnt to the above nentiane. To all now reed se follows lSiR7i41*. Geub harsh, grants a non-exclusive rand sea t fo I area • mgrs.* end utilities purposes. Said w■swsnt to corm n at e pint on the Northwesterly margin of U.S. highway 1C1 wRS es, ti CS • reed rune these Northeasterly to a point whore the 'orth • y boil •ry li• of Tee 15 Ln Gevernment Lot 3. Section '0, Tavnehip 25 No h, Range hiss , W.R., Jefferson County, Washington int/roecta the saints q ccess re d. Said point designated e s Point 6 far description purpoean- Co.. ing et Pin• 6 the assonant will be 30 rest in width end will bear N 496 5 ' 3+" W for 7 fest along the N ortherly boundry line of Said Tea 15 in G 't L• , ction 10, Township 25 N orth, Rengs 2 lest, W.F., Thence N 02' 05' • E t• .he South boundry line of Tee 13, said yea 13 being th •rth 560 feet of the west 425 feet of Gaverso+t lot 3, Section 10, To •chi• 25 North, Range 2 West, W.P. situated in Jefferson County, Washington. •• are at 14 adjoins the East line of Tea 15 this eeeswent le meant to be on the to 30 Tat of Tex 14 ell in Soy- e rnant Lot 3, Section 10, To hl• 5 •rth Range 2 West, W.R., situated in Jefferson County, Washington d • see to be in favor of Willis. G. O wning end Carel K. .uesin., n r ha • , successors end asalgne.ard for the use and benefit *use. e C ut abd her assiCas.IN Dated - • • at.. . •at i ft(k Gaub Josephine STATE 0 r -HO. OS, !/ e i ss. SAFECO County Aso er n is ly rrd before nr ---- rwecphi aub_ • ew t to i.dirduat._described is and who executed the...,h,n and romping insnwate!and to ego char she ,iroed the SAM as her r.rr and.ohs,..ry ar,and dyed to. lo .. �s t tent acnnuned. "Y0'R� y • e, G....des,..,•es.,r..p.r. s v, Sent. . /LA 3 I t !? .TAR s:-. ._:S4Yi , i, •`r- Cr rr an..,v.0 (r.4 -il lies•.t c, t dwn. ..dwr + Port Townsend '..11,-141,111.Mg. SS SAFEC.es. YsuNi.YCe.Tanr,,R•-.Ont Eekt+ •anenYa9' `~4`Of nra5 �' G.,aa�t• .,K•iur� ` '6' H 0 t v^ . ,. r.34 y _.. iii i .....- —8r.--. uE CITY . . _.._ _ � t rriTi3—t:10-7Ca I.,1_ vsL 191 _. 60 Occ.=1.1993 . • _ . . ��PIONEER NATIONAL t/ erver,ve star 1 TITLE INSURANCE nos 1stt•4to rpejee s]o.', sc. ATYflR cOMPArrT / ) C r•', • • Filed for Record at Request of ' �,3 William C. Duesing ., h"° 24 fit I� r3 2510 Bee Hill Road Brinno WA 9832 ' AFTER RIE pp ORDING - e•''� ' + .. +ii r.... William G. Duesing• of cf�!i .<Z7 2510 Bee Mill Road Brinson. WA 98320 • )EfFERSON COUNT( z✓jSEi,oca°0 309912 • -¢i36�. • Date a,d < .1 d(/ ki /35.2 1— FORM Lass' By (6_,Ai4 ,)+I).ar7t Statutory Warranty D =: . Ir asutst THE GRANTOR, IRVING J. DeGROOT and MARIE E. D"C R•OT, .husband and wife, • fog and fl,considcntion of fulfillment of con r- in hand paid,con aeya and"mots to WILLIAM G. o -ING a AROL R. DUESING, 1 husband and i ' the fff1; following described real estate situated in the County of - Jeff arson. Wuhin oo: _ ,$lati b)! PARCEL A The N 560 feet of the W 425 feet • r.',- to Int 3, Section 10, Township 25 N, Range 2 W, W.M., situated in Je.ffer-., •••• ty, Washingeon.'Subject to reservation by Jefferson County as contained ' s__. .. .e1 under Auditor's File lb. 23555. • PARCEL B - ItY:F'R WITH a non-exclusive - for ingress, egrets and utilities. - Said easestent to exane_nce at a inn • . •sterly margin.of U.S. Highway 101. ' where -the existing ac ss tall'=.guns .- Northeasterly t:d a point where the Northerly boundary line of l5-,-„, • = t lot 3, Section 10, Township 25 N, Range 2 hbst, W.M. intersects es2• tlnq road. Said point designated as Point B for description purposes.--t. • ,.: . at Point B, the easement will be 30.feet in width and will bear •y 49°if`r.'30" West ll5 feet along the Northerly boundary line of Tax 15; thence . 20 E to the existing road; thence on the existing road to subject pr. _ This deed le sive4 in ' of t certain reel estate contract between the parties hereto, dated . - • C 5. 19 30 • and conditioned for the conveyance of the above described property,a d .a co nazi of warranty berets contained shall not apply to any title. interest or encgmbr • art s by, rough or under the purchaser lo said contract, and shall not- .apply to any tare_. a. ••en or other charges levied. assessed or becoming due subsequent to the date of sal. co t - at. . Rest Eetete Excise Tea wL'• d a• this sale or moped •e*eep •on April 2, 1980 , Ree. No. 41302. Dated this day al - , 1982- . 1 Ii.••A/ •N _ A.-,/tae (rill.) Tied J 497a 1• or cfIs • ' W - GTON,. r _ - MARIE E. DeGRoar _ .. !}x` ' - on this Y money sppeared before me IRVING J. DeGROOT-and MARIE E. DeGROOT me - -be she imlividsals de cubed in and who essceted. the within and foregoing Instrument, and the ree and voluntary e� the[ Y' signed rite stint u tl�'��•( nary Yet and deed, for the u en and purpnoa therein mentioned. _qt`:".. .. V. , �� GIVEN under my hand i and official e,al this / day.•. r '�( ✓ 982 . •mo o' . • August 24, 2987 - .,."F .j Pablic is mad or Ike State of WenAiapea, ' rertdlrral Bremer=on, 'Washington.- . • S INN' . . voi. 4 62 • • • • - 1 . • ;.. . 5 i.. -.•`Y.it9•i+•1a.:3aur'r...euat.d. +• :y,..-..r......... - ,. __uL,,....„.. is ; • - Transamerica ...•.. ro �� .... • Tres Insurance Company PPl(� _ ..g,Se, TRANSAASERICA '' oforNCatFtine. 1 Li TTIIE INSURANCE \,.�..Rt T 0_ ` n,EO fen PacamAT teEODUT Of - • FJIL I —FW e - . - 351665 , JEFF, . E-a��,. �,t aI�/ .. . - yI .:7r� wsEN RECORDED RETUPX TO / i Norm, G(/ I Statutory oWa qr�p D - ---"-" THE-GRANTOR E, -Vernon-y_--and-char iRtte- d sb nd--and-Wife-a,nd....-.. ___ _._. } Eva Jean Leichtnam. as he separa estate. - forandinconeiderationof one dollar and of r valuable consideration Inhandpaid.conveyeandwarrant.ta Wade Johnsto a ogle man as his separate estate 3 - the following described teal estate,dtu•ted In the County of of seh .Sag of Weehiattrm t Legal description on Exhibit " " a ttt,,,���ch and made a part of thin - � deed by this reference. / \ } O J . JEFFERSON COUNTY EXCISE 1AA Att.No. l0(9147Ztei _. _ Date Rai/AI9 I Ant. 131v-91, s. i y mustfrittli U This deed ie given in fulfil.. rat of • I cereal • estate centred between the parties hereto.dated . - a Sept. le - 9 •Ivan• •nditia,adfor the conveyance of the above described property.and the mvv,.,tk dwemny herein contained shall -01 •p ••an de, tor encumbrance arising by.thte said content,and ' ' shall not apply to any es. - - Is a in- charges kvied.aaresed or becoming due subsequent to the date of said contract. Red Estate S.lm Tae was•'.f. . this .nn 1118191 I.{t. ,b& .Rec.No..VIVeryb s Dated.....0 .. 19..?(. - . - ' . .. o._ .. . a . . - f STILT O ASHIN •e 3 - STATE OF WASHINGTON ) - tt y• •.NT . ......n es.. COUNTY OP�.-______._ es , . .• day -.W fly•ppesred betore.me On thit...__.._.......day of...._ _.._.___.....__.__-..___ 19......_._. V '•'Or.i'-Hod :CHARLOTTE OOREN 'before me.th undersigned.•Nolen.Public in and for the Stott at Wean- , s .EIIA: •.. '_AM CH'CHAIi_......_.._.__.__—._-._.. irs nn.duly aommisaianed and sworn.persolaliy appeased.___.___ ° tn:avt�,j'li.� : she individual described ,•'.i,hin and foregoing irotnment .-.__.___._—.__...�.._..:..__ . 'M'i that '.THEY caned Ore seine b ms known b be tbe. ._�.___-._..__—__.�._...,• • ,� : ..-Prmident sad—. ..__.._ secretary.. • 41'f and vol to n.end deed- tespeetiv.' d- _._.._._. • n.burpoyb therein mentioned. - the corporation that be the foregoing instrument.'and acknowledged 1 j:• .e •v . _ the said r the to be the free and voluntary ed and deed of said torpor. f oL - 1 l f• anon.for the sage.and purpose.Sheets mentioned,and an oath slated tut - • el.s.: - auhureed la execute tine said instrument and that the need G ., der my hand• official cal Nis.. am ea If lb*mrponte seal d said ibryerau :VI, .28 y d AUCUS 19 9l entete my hand and Official seal hereto armed tM day tad pqr Mt - F above written.l C 'c in and f r e State of Wash th Notary Public in and for the Stat.of Washington. • t . . - - ,rslon.emd,ngal VAHCOUVE0. • 1 residing at__ - - My appointment aspires: ?' • 1.2/.!!92.........__.. lily appointment expires:_._.-___..._..._.._.... - LPB JUL I 5,032 3 S ..506 .aeuswo terra a... •,. • •• � �_ ;; . • • . - ' . . . . . . .., • . , . . . - . • . , • ' . .. . • - . . .. . ': . • • . . . . . ' . . . . • • . .'.. • ' ' • . .• . , • . • . . . • • . - • . . • • • . • . . . . , . • • . •. • • . . .• • - •. • •• • . • . . . .. . ' • . ••._ .. . . . . . . • , -.• . • .. • _,.. . . - . r--• ---1 .. . . . . .. • • ••• " •' .• • .• . • . .,. . .. . ... . . _ • ..._ _.. . • '.. . . • . • • ... .• . . ._ . . . _ , . . ... .. . • • _ ... . . . . . . . . . . ,. .... .. .. • • . ... ....... . ..... . . . . _ .„...,... .„..,a.,,,..4..z.w.„2,7:47:s,6„..,. .,. _ • •. . _. .. :,_.,....:,,;,....:.i__ ..,•,•_,..,.:.•,_,,,,,_..,,,•„_.....7..A..„...1•„,.......,:...„..,...„...... ... ••••• •. '4, ' : " --'"-''''. •-.• • • • . .. i . . . . • • . . .. . -• t . - • EXHIRO • _ 4 . LEGAL DESCR :-170N — .. . . - . That portion of Government Lot 3 ion 10. Township 25 North. t Range 2 West. W.H... des ribed as follows. - • 4 Begin ning at the point • in rsection of the West line of said Lot 3 with the Northwesterly mar• n o State Road Na. Si • thence Northeasterly alo sa • Northwesterly margin. 450 feet to a point designated as 'P nt ' he n for description purposes; thence Northwesterly stra t line to a point an said Nest line. Idistant 840 feet South f it rawest corner of said Lot 3 and the True Point of Bcegrnin • ithence North al n id at I ne. 260 feet; A.r I thence East. 260 / et; . ! thence South paralle to id West line. 260 feet; . thence West. 260,f,sit t• t True Point of Beginning; ' . , . TOGETHER WITH ease-en 40 feet in width for ingress and egress and . r for utility pup..es t e Southwesterly line of which rune . . - Southeasr.ly f am •rue Point of Beginning of the tract ; hereina•av8 c • d o said 'Point A- hereinabove described. •-■ c, : Situat. 4 e oun of Jefferson. State of Washington. .31 . ., ' . . .. •. . ;•- • i',• , , ' . ••,■• -14 . ' • . . . ,. • . - - . • ' . . ' . . 4 - . . • . . . .- . . • ' • . 'Y.' . •• ... ., . . . . • . • • .-..e - . . . * • - ' • . - _ ' .'..• . , . . . - . . • . . . ,... 38n v w end Of Schedule A . .. • t . 1 ...,_.,..._, •-■-•-• oes2•Wriftehe '''•1 •••••••••••••rm"•••••• . , 1 .1 '4 - . l.: - � ..• r .. _ �.'.CSC�_ ♦ ._ .. • � .-w- .. I t • • • • • .•:1 ':'. i .�. 4l"'!!:lr:N:T va•-._Mi.-r a._._. ... .�n•ueSaN'l+Y]:=iG9 A"ru>`ia._a^aw• L13. ,: .a_1, • %9:5ti...: : 1 n Vt.I4f_•CnAirmof O.O•TTCCVr„use-i • - 2 36256 Ea 1295 •E $ N T Tj neo ro..t CCN AT AfOUea*Or y t2 R-41992 ' - '-^i f 4 _. •a.21-2X a0 __ t . ... , amen 111C00011)Al TWO.TO " P • N _-..- .'--"Jefferson- Escrow...__ •. a.m...._._ a:o:eoxse. t� ...:..ay___:_...__-_9rirlt�ne.wa.ss3 ..__,_.._____ __l._...._ LPB-el Pee I$ ANY OPTIONAL PROVISION NOT INITIALED ' PERSO NINO THIS CONTRACT- - WHETHER INDIVIDUALLY OR AS AN OFF E OR A ? - • IS NOT A PART OF THIS CONTRACT - - sr- REAL ESTA -CO • • (RESIDENTIAL SH• - ORM) I. PARTIES AND DATE T•hia Contract is on .11.1 15th 1993 between SAX R. .I<MST('NA S $ . "'� u-Seller-and r WWII 0., ny S Loot HASmo f4f YI)T �/) • u"Boyer.- 2. SALE AND LEGALDESCRIPTIO. He t utouli to Buyer and Buyer agrees to purchase from Seller the foltm.tea described red estate -3. r•I. County.State of Wethington Legal description is attached -..to an • -'It eA•and heads-atad P e1e by this mievoe. - " OIEFfERSON COMM.EXCISE 1M All.No.__ c( '/f Dde., fh:/ ?�L cit YAO�"r ,r (H >' "` El�r�ua� • • I.PERS\ •Personal properly.if any.Included is We sale Is u Meow No pa ft Ter P i a price It attributed to penonal property. 4. (a) -•. PR E Buyer agues toper . S 1E,far m Total Price ' - / Less (S �T41m )Assumed Payment i (`Cs\'.\J cas -(s )Assumed Obligation(a) �t\`\ V Rcsvitt in 5 12,7_,01/0 Amount a Financed tta by Seller. ASSUMED OBLIGATIONS.Buyer agrees to pay the above Anumcd Obl(gat(on(s)b ostnrctil,g - . • and agreeing to pay that again e - dated \\\ AF• ' —faller M-arianu the unpaid balance of said obligation is -S • which is payablet oa or Dtlon the day at -.19-_. — interest at the me of %per annum on the declining balance thereof; and'I lute amount on dr heiress the day of each and every thereafter until veld in full Now Fill in the date in the following twti Iin<i only if there is an early cash our date. ,NOTWITHSTANDING THE ABOVE THE ENTIRE BALANCE OF PRINCIPAL ANDINTEREST ISDUE IN - FULL NOT LATER THAN • ANY ADDITIONAL ASSUMED OBLIGATIONS ARE INCLUDED IN ADDENDUM •I JU! 2 9 993' PAGE 1 d5 e• .____..r _a.. VOL 4?.3 •:-.394 • t+._• • • ..• • F• • (q PAYMENT OF AMOUNT FINANCED BY SELLER. . Buyer agrees.to pay the sum of $ i;v Ks lt'---- ---�. - of follow,: .. • S t!:>fYl- or more at buyeiso tiros or before the is �y of - _ i921-5!-V- 6,tiI interest front"1'' it the tee oil • r an $on the l decliningliaTisiuilieteof;and alikeamounter room on or before the 1' dayo a ha •every - ' - • ern,h -- - thereof er.until paid in full. , _ '- • • Note Fill in the date in the following no lines only If there is an •• Cu. •set data. NOTWITHSTANDING THE ABOVE.THE ENTIRE BALANCE OF PRINCIPAL = TE'• 511 s IN • FULL NOT LATER THAN.. � 19^' ill be made min Paym^nOs.Rsntt 1T,. irra�,V t92)SreOt7••r�le to t1Hde K. 9 <^ • of�i_ ?. or such other place as the Seller rosy hereafter indicate in avi' y M/ S. 'FAILURE TO MAKE PAYMENTS ON ASSUMED OBLIGATION If Buyer its • at n menu • onutuinedobtig.tion(d:Sellerm.y give written notice to Borer th+toeless u- rm et edeli . ntpaymtnt(,) . . within fifteen(IS)days.Seller will make the payment(s).together with any I to harge.. di Iona!intleetl penalties.. . ., and costs assessed by the Holder of the assumed obligation(s).The l5day pen ma •esh• a ed to mold the erterciseot any remedy by the holder oldie anumad obligation.Buyer shall i e cately ten p mcntby Seller reimburse Seller for the a mount of such payment plus a lase charge equal livepent 0% mount so paid plus all costs • +r and enemey.'(en incurred by Seller in connection with m in such pay ' A (a)OBLIGATIONS W BE PAID BY SELLER.The SAter glen to co in t to pay from payments received • - r htreundee the following obligation.which oblig.tion.mmt,+a pat A full w en toyer pays the purchase price in w- . Thar N•y - - doted 9-1-7991 • • \reco d as AF• 34%761[$6hG26I : That eenain reeee r^. • . • . ANY ADDITIONAL OBLIGATIONS TO Bp rArD BY SELLER ARE INCLUDED IN ADDENDUM. . • (h)EQUITY OF SELLER PAID IN FULL I bale owed the Seller on the purchase price herein becomes . . equal to the balances owed on Ow-encumbrances bet aid Seller.Buytrwill be deemed to have assumed said . • encumDrsn<eurofthue data Buyer shall thereafter makep men girecttq the holden of said encumbnnas and . make no further payments to Seller.Seller shall at att. deli Buyer•fulfdlmrnl deed its accords nee with the - s• 1 provisions of Paragraph 5. . . (e)FAI LURE OF SELLER TO MAKE PA %i: 7sp1P' tR ENCUMBRANCES.USeller Gilt to make ny - payments on any prior encumbrsncc�, rma -reAvrttte�n•tics to Seller that tinted Seller makes the delinquent payments within IS days.Buyer wiill""V a m<lgti tog;eth�er with any late charge.additional interest penalties. and costs...seised by the holder d the pee encuy rat e_The I5-day period may be shortened to avoid the esercise 1 • of any eemedy by the hold<rof the prior encu ante. uYer may deduct the amount,so pa id plus•late ebarye of 5% of the amount o paid and any attorneyelees■n sui curled by Buyer in connection with the delinquency from peymenu neat becoming due Seller ph trysc,(sur<hhhh{{{{se filer ln the tent Duyerm.kel,ucta delinquent payments on three occasions.Buyer shall have t gehi ro ail payments due th tree ft r direct to the holder of moth prior I encumbrance and deduct the then aiddddd5QQce owl gobauch prior encumbrance from the then balance owing on the purchase price and reduperiodie aymaats n Ate balance duc Seller by the payments called for in aseh.prior encumbrance as such pa nMbecol sr`due J 7. OTHER ENC RAN ES A)NST THE PROPERTY.The property It subject to encumbnneet . . Including the follow ng ' e• en Ms. mints,result ions and reiervationi In addition to The obligations assumed by Buyer rrm he o• tions i g paid by Seller. . . . V 4 . o ANY D s 10.- L NON•MIONETARY ENCUMBRANCES ARE INCLUDED IN ADDENDUM. . il. LFI IE. T DEED.Uponpaynientofall amounts due SeStr.Seller agree.to deliver to Buyer a Statutory • W an Deed i .Ifliment of this Contract.-T o covenant.of warranty in said deed shall not apply to any test -.bran assumed by Buyer nein defecu inside arising subsequent o the data of this Contract by.through or ••der . sons • fir then the Seller herein.Any personal property included in the sale shall be Included in the fu) •.entd..4! . ••rl..t- • - 9. LA ECleARO ES.Ifanypayment on the purchase pricei.not made within ten(10)days alter the date it Is due• . •. Buyer are Ito pay.late charge equal to 5%oftheamount of such payment.Such late payment cheat shall be Is additio in II other remedies.vadable to Seller and the first amount.received from Buyer after sights techerge.in t e • e all • applied to the late Charge... •- 10. •ADVERSE EFFECT ON PRIOR ENCUMBRANCES.Seller warrants that entry into shit Contract will I no sun in any odor encu mbra nee(a)a bee seh.(b)secel dpaymenht Of(c)aninert+srdinterett tate;unless 0), - (b)or(e)has been consented to by Buyer in writing • •1I. SSES 1 N Buser is entitled to possession of the property from and elle. the date of this Centred or c' o�`x 19_whichheris lair,subjt<rto anysenaneiesdescnbtdia f Paragraph 1. - • PAGE Pala n r..a l s c.Ft !a 'a .r. - simte.ul`LA:se-o'— p ) ) I rases and ' . -1 12. TA.CES, ASSESSMENTS AND.UTILITY LIENS Buyer agrees w, a' n-he Pa:< Jur al • .y • m sesamcnts becoming a hen against the property afte r the dale of his Contract Blom mat In goad lino comes:an) i such Dees of asset ure.nts s4 Ion as 50furfceurr 4r tale of the property es t^t<atentd as he ash ei f such Cornell x Buyer agrees to pa) when due any uuhn charges which may become o.nl sitsubsequent rIor 5,w:es see 1.1 tors Contract_i Contrail If real estate Lases and penalties arc assessed against ihep r M' because of a change.in use poor o he dale of:hn Comract for Open$Pace.Farm,ngu. 11 al'(ises filed Tlfeher ., � classifications approsed b)the Coven or betide of a-Srmer Crementofwealatt�n De..lucs w it 'mes m If - prior to the ofahis ConiractBuyet may demand in w Wring pa) - __ m Wei not - payment is not ad,.Buyer may pay anti dcduci ht amour thereof plus T%.pe• •from t becoming due Seller under the Connect. d heuin . •13. INS-MANCE.Buyer ugeeci to kiep all building*now hereafter in amours.m'n e the• .h bdt' owed in continuously insured under fire and emended coverage policies w it IiwH All palicitf obligations assumed by buyer plat the balance due SeIk.sir full insurable s' e. •jjj •shall be held by the Seller and be in loch companies as the Seller may approve a •'hare..,P➢ii'li meat'to • I. holden ofundeelyin$encumbrances.then to Seller as their internts may a.. ara -the oBu, me mss.Uhtt ]0 day's A[perm,/oo regotia c a confirm ro sobtmsniallY restore the pumi is ire• din• bee tits in escrow any • inw13nce erda are*uf(tieml the onlhereaonadanµoil ct, he pro. 'shs/De matured unless he _ deficiency with imbr n e-npro apply underlying encumbrances provide otherwise.Otherwise thecae 9<ant co emcl<rm ere.In the mental licyetsrualf - - applied upon any amounts due hrnundtr in sueA order e _ F rights of Buyer in inwrance policies then in fake shall .ass . llcr. pay latss or 111101mentl.0insur TAXES.ptemsmns or Wilily ha ha es eo iEtue Blfensp rto d1Ei inure Buyer under this - t Conlnc•Seller may pay such items and Buyershall fort with Seller a mount thereof plus a laic Chug<Of3% r 'of the amount hereof plus mycoses end anornty's fees i wined' n non with making such pay 15. CONDITION OF PROPERTY.Buyer accept the prone ' ' present condition and.cknowtedges that • • Seller.his agents and he uses owuhichit may be put h Mitarc•c art fonts herein.Buyeregrets o maintain he pIOperty in such condition at complies with all applicable laws. ID RISK OF LO55 Buyershailbearthe riskof loss dear 'tionth'CdonmKL On of the Any ouch lots r• shall not relieve Buyer from any of Buyers tga'on p • 17, WASTE.Buyer shall keep he prover' 1'g•••repair 0 shall not commnor suffer Wage or WO WO damagew • Of destruction of the property.Buyer*heel no r ov��co ercitl timber without the written content er rlra W IS.conduct AGRICULTURAL USE✓Ifs 's•fo'Cot•l nee •s good husbandry prcc cn'In hementa forfeiture action nstitu farm livestock onsent one e• ism tonktanyreaaonable action toconserre sail•crops•luea. V iast(otd,Buyereonunuo Seller' and livestock. �/ . in action • 19. CONDEMNATION.Set 1eran buy m' Itch appeae as owners of an interest in the properly any concerning condemnation ofa(ty.anof1r • °perry.Buyer maywithin 30days after condemnation end removal of fit - improvements.negotiate a co u. to sub aniallyrestoplheprem(seuo thtirconditionbefofe the nmovdlftk, .r condemnation pros are sit me to y urontract pike(onobrat dnwifthe Buyer dvpualuinescrow any r P Isunderbnn defici<nry with lost li n uhefurid •nlhe restoration cmdrad the p+op<rt)•shsli be gemmed unless underlyin{ encumbrancesp •v a crw 01 apoeeeds of the award shall bea plied In payment of he bi • 'r the purchase p ice a - may "M. 20. DEF . If h uyer 's observe or perform say term.covenant of condition of this Contract.• Seller may;gait • 1 r sal r nu. a for any delinquent periodic payment or 1b1 S•'•IF Per- mane.Sue for specific performance of any of Buyer's obligations Waiting to his . Contract or - lc o fe1 Bu ea Interest Forfeit this Contract pursuant to Ch.61.30.RCW.as i1 is presently enacted and may he ea cr be edged.ing through ofsuch forfeiture erfshalt be tludsa ed:(ii)ght Buyer's diights under the Coontra'oi'the •• Buyer cant ill II perm Sens previously paid id Buyer ro Seller shall' . .- Meanc ltd. lirmy previously paid under the Connect shill belong to and be emoted 1114 pell�r or other Pc to' on pa' and tmidedhupo:(iv)ell improvements made ta and unharvattd crops 'metric and 'tong the c 0r.and(vl Buyer shall be required to surrender possession of the property.into nmt • v. cste' apt to he Seiler 10 days after the forfeiture. Stint i reasonable cictnd (JIM--erasion of Balance Due.O ive Buyer written notice demanding pry'ment of said d!hn9u trick+and aym ..of a late charge of 5%of She amount of such delinquent payments and payment of • ant et'i eel and costa incurred for services in preparing and sending such Notice and 113110$that if payment •unua to said Notice is not O after Notice deposited • eld the Buyer personally d ivtrcd to the Buyer,the entire balance owing.including Interest..i become . an 'm dutdy due and pay able.Seller my of such balance•inlFnt.UM charge t •reasonable altn nejs fees and costs. ma be Batik la I Icl ludiclel Feedosvra.Sue o(oreclose this eontraci 51•mortgage.m which event Boyd.may - •deficiency. - fir Is rc:en'ing renal a speciled in Paragraph 20 and Buyer ei ntcesnry or • 21. REC EWER.'E0. the SOW ha,i.Buyer agrees that the appointment of a receiver tot the 9°797") 10 t other income from she 9roDe ry. Y - E protect Seller's inure-as • PAGE 1055 e..b.NSA .. rte, 423 ..,3% _ . .n ..r- %IEDY FOR SELLER-5 DEFAULT.If Seller fails to observe or perform pity term.cost minim • ._ RL-YER3RE F E • mn6rton of this Contract.Bayer may.ahrr 30 day:written notice to Seiler.institute sun • Oamagrs or specific performance unless the breaches Congealed in said notice sr<caned NON.'•a'.a.IYER Failure of either party to insist upon strict performance of-the co r p nyis obligation hereunder shall not be tomtnred at I salver of won performance thereafter of alt- t • • • s'•obligations • .-hereundcr.and-shall not prejudice any remedies as provided herein. '- ATTORNEYS'FEES AND COSTS.In me event of any breach of this Co, parry ret•ons'ble for the ., .-. breach agars to pay eve sonaOle attorneys'fees and costs.including costs of ors' of n•'era an• its starches. in:urtrdby.11eothe,p art) The prevailing parry in any suit instituted arisingaa of hisC•,tea and yforeture r 'Proceedings srising out of this Contract shall be entitled to receive reasons e I•rneys es nil bests incurred in s ;h suit or proceedings i • ' shall ttnthnpasonallyse tstdorshalibe se��a�.•''. rn �recnpsrequessedand g mail to Buyer as _---__------_ - 7(b CI . 1 r r p.,. .sad so Sills[at_ P.O. Boa 1%1 9'':a:�ti •;e r or such other add as tither party may specify in'ini to the or •arty.Notices shall be deemed gives when • toned or mailed.Notice to Seller shall also be sent to in y institutio tee -ving payments on the ConItact. ..): . 1 . lh. TIME FOR PERFORMANCE.Time i1 of the'ease bin pert. , nee of any oblipdont pursuant to shit Contract, t - 27. SUCCESSORS ANOASSIGNS.Subject toanyretric b• ' st assignment the provi$ivasoftitContna F shall be binding on the heirs,successors an•assigns of the Seller and the Buyer. • [ • 25. OPTIONAL PROVISION--SU, Ti ION AND SECURITY ON PERSONAL PROPERTY.Buyer may tutu lint for any Personal properlyapmt din' a graph 3 herein et her personal Property of like naturewhieh • Buyer owns free and clearofany encumbrences.8 cher •'gra nu Seller a security interestin all personal properly . specified in Paragraph]and future substimf• .rsu •top-ray and agrees totsecule a financing statement under. , the Uniform Commercial Cedereflecti - itch s •a in aL SELLER 1 • BUYER _ t' ,. 29. OPTIONAL PROVISI AL ONS,Buyer shall not make any substantial alteration to the' improvements on the pro rty -uho the prior written consent of Seller..which Content win not be unreasonably withheld. ` SELL INITIALS: - BUYER 30. OP' s:, . P. o�UE ON SALE.IMBuyer.withoutwPoen comentofSelleep)eonveys,(b)se11R I. fcj leesel. dl gas.(c) .i Inc :to convey.seli.leafeor assign.(l)grants an option to buy the property.(g)permits• f forfeiture o erect• re or tru orshrrilTo sale ofany of the Buyees intern)in the property or this Contrset Seller r • • may at any Y t here et either raise.tht interest rase on the balance of she purchase price or declare the entire • ' balanceof.the•are it pet dce and payable.Ifone or more of the entitief comprising the Buyer is a corporation, • any trans! • c ast enacts in the nature of items(a)through(g)skive of 49%or more atilt outstanding . I . capitals k S�alle bl<Seller to lake the above action.A lease often than l years(including options forrenewels).a transft to spa°,e0r hildof Buyer.nransfer incident toe ma triegedissolutionoreondemn•Gon,ands tramferby • inherit nc will no en ble Seller to take any action pursuant to this Paragraph:provided the transferee other than a - condt or n rising that the provisions or this paragraph emir to any subsequint transaction involving that pro. cry cored i by the transferee, . • 'SELLER - INITIALS: BUYER • • ZONAL PROVISION•-PREPAYMENT PENALTIES ON PRIOR ENCUMBRANCES.If Buyer - glee to make payments in excess of the minimum required payments on the purchase price herein.and Seller. II . al se of such prepayments.incurs prepayment penalties on prior encumbrances-Buyer agrees 10 forthwith pay 1 i -ell-. the amount of such penalties in addition to payments on the purchase price. •SELLER • INITIALS: BUYER . • PAGE aor5 92312.397 �— -- . r r A.-rtem- f, •_ r i AI y te± . .. n ^.off:. .�. . a. • • • • . • • • i'1:_.. .L•'W'Wi�i9•'C:r..'(_ SK._".,ar-i:v.x • 32. OPTIONAL PROVISION-PERIODIC PAYMENTS ON TAXES AND INSURANt.E.to addition Ioshr penodre payments on the purchase price,Buyer agrees so pay Seller such portion of the real estate costs and : . autslmenti and fire insutan:e premium is will approximately tout theamountdueduri <cutremye.rbasedon ' sel:n i reasonable estimate - - fThe payments Curing the current year shalt bet - per - 1 Such'reserve payments from Buyer shall rem accrue intern S<Iiri shall pay■ rM I a tate taxes and insurance premiums.if any.and debit the amounts no paid to the resent ae<ount•:• et and leer all sdjusl the . ' - reserve account in April of each year to refect<wceuor defied balaneesandchanged costs.:• " to bring the reserve account balance to a minimum at SIB at the time of adpUWntnt - ' - • . .SELLER - • - INITIALS: • ' .E- 33. ADDENDA Any addenda attached hereto are a pan of MI • tract _ 1 34. 'ENTIR£AGREEh1ENT.ThiIContract constitutes the entire go men t• th panics andsupeecedes all prior 1. agreements and understandings.written or oral.This Co ay- am •ed my in writing executed by Seller • and Buyer. • i' IN WITNESS WHEREOF the prom have signed called this i&actehe day and year first above written. 1 SELLS' BUYER - • tall( I. •r iA t . • O C7. . 0 . . ... - . STATE OF ! STATE OF WASHINGTON - ) Y, I} an . : ' CO al Ca NTYOF On this•ay pe • 1lys�Rbefore me On .is dales( .19 . wee R. ton - - before en, he undersigned.a Notary Public in and foe the Slate of • a. to cat Wow • • the, • • al described in Washington. duly commissioned and sworn personally and wh•eaccuse. ••eusin and foregoing appeared - insw a acknowledged •that . - • I signs•t 'amt • his ' and - • ' free an•volun ary a and deed,foe the uses to me known to be the _. President and Swami. • - .. • ties mentione6 respMively.of • ' the corporation that executed -e foregoing instrument and •GIVE. '•-r my hand and a(f¢ial seal actno.ledgnl the said instrument • the free and voluntary act this and deed 01 cord corpot•hon,for the a and purposes therein d, of ,Lt •d mentioned.and on oath stated that authorised to execute I I the said instru meat. 1. _=+ SD Witness my hand and official coal heretoaffu thedayaadyear ...'•try bile is and for the State of lint above written. • ,'X 'noon.residing at Reiner, • a•'-�•.••f, :g 1m Expires 10-14-93 . rW - ri appointment expires: Notary Public in and for the Stilt of Washington.en 'al II • +- ' 1 =i,W•i°:'• - My appointment expires: - . tom, ,p.s •:,. . 'a.,.a 1 ...., . .•° retes • t l d9>., /Ns YSnaa - • • VC: 423 ':.398 • • ti • • • • • • • • !'i''. •1 .t:,t1 boa&A+r..w...aw::O..,vin`nT:'Tst^tr':.'n, tr••.: •lb.. emu..._41.41.......-. .w.....r«•...a r2ffl.lv,.e::tu:,.C.t'•n..• ��Sr�P POOR QUALITY FOR FILMING • 1'541 Nor tie, of ,.0nrn..nt Lot 1 In fatten 10. Tev6Snil IS le t.. 14:t• : weot. u It., docesoed ne follows. - -. s•a:..-:.:nq at fns-paint-Of tot.n.<tron it tn. M1.1-111. of• - j-.- - •• -.,-, - • 41 41. ,. :no is:tn.eeterlV ..rO,n of St.t. Pond ■e. 1.: _ I • tr•r:a ear tr.seterly stone sold nortnvrltar in earlin. 410 • ' point rentonco: se -7,1at A' heraln toe daaerlptlan pus' e stoned nettt..OMtel!r in a atr.11nt Iin. to • Point On I 'd U . distant 14J teat 1ovt• eI tilt larihr••t 9•9,•1 00 14114 to S on • flat Point of Srdi0nin0r - - ' thence 00th elan' said Vest line. 710 fen, '11.01. feat. 740 tut: M4A\ ' trenes Noutb parallel 40 t. to said r4a Nn., 1 ISO 1 [ea t1 \ ' an. 0 went. 240 foot U the Tf40 Point of 001 at 01 TOOCfMCl VITN an .u400nt 40 foot in .ldth.fer 1,01 .. 0r 0l Ind 1 .11 utility purpose, th. South lr 11n• - hieh "4 - Scuinurierly fro. list :rue Point et'hyl 1ea f the - n.oain4ba00 described to tend ' 0 .o.. ae.CrlbOd. • (anti 7O AND TOGN£Th£R 1412N an .a.n.nt 0 t In t tldJh for f•0rus. .press. read and .111151.. porn. - CO. a"fn IN. w ,tllawlnp d..crlb.4 Cbnt.riln.l B.pinll-0 at a point on 1110 South llns of ae 4-f•nti.,, 10,30 1.01 vest of the South Quarter tornar of 0114 SfdtlOn. (hone.North 2'04'25' Cast 104 :set to Iha tarot of .aid easement.Said u.0m.nt it in favor • .ct property and the lolloolnp dncribod properties. of oh rye pro0.rtlu 01011 share .0u.11Y In the repair end eatnt.n Old • • ' A tract of land 0 an. levtnv..t 0 e • 4(1 0* I0'. Trwnantr AS rolls. r4nt. I ••nt, tr,1l., 10 2411 1 -0 C V AC I r.ahi.abn.•154 ovsnes:ad in tallay.. - (/ \J - - - 145/annin' at • 90:11t On t•f/ ;. la . .0 45, �Owthrut .v1r'ar a9 Sato . Section 10. 1411 point no:hT./+_ 4 If 15 1 04' SS' C• t.. 404.40• sec frost too. South Qv4r..1 es net ea 4e NOn 11. and <unnny tn.nce North I'114' SS' toot. SS- 0 f I . 014 nn lieut., en' 11' 40: •e.t •. -1.4'1 10.n0e South 2`.04' S4' ii.. . 1••.00 154004 Sovtn 'f' 17' 1:' t It IS. 1141 10 the Paint et'teetnti2. (Trott 11 ( ALSO: TM CelmelY 0 ./.2 2' 4.. er 1..0.. .4 the ■i1.01n0 dnrteit I0- acre p.re•l. \\ - A tract at 1* - la t.• Sow 1/11 Qu.rt.r e1 1001100• 10. TOrn4hip 21 Worth. Ian .t. .. !n 2 CeuntY. . 44•er1be4 - j •s fellow • ' • le'inntnf a the Oath •- Or barn., of Said Section 10. and renniAS ' thence SOrth 2'Ot S' Cant 404.00 fen .1000 the Cent 11,4 Of 4414 ' Southvnt Qs , • th4000 Willis 00' 1 ' 12' Vont P45.00 fall _ tnenct 44. l 2' ' Vu' 4411.51 foot t0 M4 lISLb'lilt. Of tilt . SeuthV.e Oil toil tree,:. eon 41 12' 12' Cast 1,112.110 foot -.lens 1.10 leuth 111. to • 00 Potlt--f legs sin0, - -- - . • tICt?: L • V to boron lot Vnloh trio.5aenoo11 beundlry it p•r.11.1 to the,s.4 only 0 nears.' at tM ter.0etn' t1.et 01 lend. 4141 •. I mate I he County of 1. • seas. et V.abi nsten. . - _ , • Y4 IJ 'v3J9 ,.,_� 4141_ 1 n•�'11 - - i • yt tt _ • .-., ]62135 433 Pyy:3 of 2 StWV 15/:3/2111 ($333!E f.Wdllb'6a IONIW a iiii riiihd;lkllflii�kltiti�YVlYrai iiiii va p Nil tr > a u s" Cl Q Ikl Rai itg $ '$1 u Qua ��� H N 02'0+'56'c h7 3.0.64. s oz laae' W vi..a Al \ N 02W'S8_En ,J O fiVO ,YI7 z FI�I € '\ Fp \ m el N \I, •�y�. 7 W g u) \ C. vq `.t. N A I G 4 w ,^�f,LR y , X Y' r yxKK n ;` •mN N A `J A ' 051 z 5 �"'"�j+3 y>',m.•a 5 `\ \ems i 4,11 $ h / \ % A itlg $ . .Roe z n 0 ...4 T O Mil \ ‘ a id , - mz a O T y ? �A xu N b�" z�n yK �^ '�' Z �i 7pb Zy z " cyo $al•1 `" •g 2gg �;' +�'A a N �3:m+ O N `^ HRH I� $m �oZ$�xz2 gs pb � � y ¢ :;8 r4 1q GK� O �X>xl ^�Air°7z84M o R W.'< g 4 mil p m8 0 `��ny��A4�,46,1���Y�°>�'I:IArrr���-,a ff��� 'At, r :$ ;11a y� .T m : . Y 2f- Y 7 1RKY4lTn O�lx•I 1" °6 y A,„,,:,:,,„,„ a"=-AV o m o g sRo�I ' -�nge�m N . q: IA Q .v_ I, K> 2i -d mg °\FV 1'n f.l"y Yi C) PI ? P4ge g % p1 RFS tl egg cflyi�OO'o 0 0g. ; 8 a 1�1 A s 8444 At 2 v2Z 10 WRi2m o EM" 2.0� pZ� ppND'J m i, t : N ylx_z E B.`-�'Sn'�s'a.-. �!"gY,�� 0 82 m8 u g ia"y.Y �. n m t /i;2�AT " t1' m'u' CIS"lo^o4olxl�yl >zp°pyy F° �:I 8^` E] i ° i n I. R ~1j N1cy Y2pn Q�Z�Z Y AlY gN t ?,.,, R- , ^ G gm IVAie9 1R y°OAO ^ K ° o .m o Amy t7, o m% r" b 2°,1M.9. ymm ��'8+S�1 T3[[��II Zi�n{°nPZ1 � (S1 �fo A (.1 , u . N 'I. A `z Rxm m4=-lR xEW. A 0 yN $ , Q 32+8 N '. 'y~ z `voLvY R 2-gNy. .-fo,56 8� A Iv ,,` C � ~ Zpy TllK y1, `�I mmy yNq N ~ V,' z 662106 Y: 35 P: 161 Iy:2.0 2 51AlV IY/II/3i1 IVi]pl F:?i.N EWdllCx{Y3xEFY5 011lc.-Ueiry EIGI<x� u1116W�P171 angli 1:kl��l�1�I bil it III s oz•*'oe• V 182.92' ■ ii. A : \C 6 e 1 CI a " g11 o -,.• o 43' C OZ. DE 1'4!1-'!-1,-.„4-,'.. n 4*p� p'6. a bry s b ." E3 NC , r— a I: v 1 q N ", l ii x §G V > t U 4EO b 4 Y ig Cr.) V . W �1 s 578682 PGS : 4 EASE 08£2812013 02.42 PM $125.00 LEON VOETBERG Jefferson County WA Auditor's Office - Donna Eldridge, Auditor 1111IY)rjl'ti 11410tr.12,101,If II III RETURN ADDRESS eon \r--to, • . 1 `. C_ • • ( \e k. 11S> ig32 Please print neatly or type information DOCUMENT TITLE CAP-c! O.-ax-1-Zof r re CAflQ 1* REFERENCE NUMBERS (S) OF RELATED DOCUMENTS Additional Reference#'s on page GRANTOR (S) (Last, First and Middle Initial) l UY1 a/Ad Vin tlri ct e-I V(X+ -9 Additional grantor on page GRANTEE (S) (last, First and Middle Initial) A/Alror-) j 1,(19 Additional grantee on page LEGAL DESCRIPTION(Abbreviated form:i.e.lot,blodc plat or section,township,range,quarter/quarter) er04jir LCA. Sec - -25 NI R..2_ \A) ()V t L Lc) (v '2.-s N . 2-Additional legal on page ASSESSOR'S PROPERTY TAX PARCEL/ACCOUNT NUMBER C,0 2i0u023 a1 0 y0-2. 5O21o'4o Additional parcel #'s on page The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. I am requesting an emergency nonstandard recording for an additional fee as provided in RCW 36.18.010. I understand that the recording processing requirements may cover up or otherwise obscure some part of the text of the original document. Signature _ i -- I I to Date > ■ 578682 Page 2 of 4 08/28/2013 02:42 PM Return Address: Leon Voetberg 214 Widgeon Hill Rd. Chehalis.WA 98532 NO REAL ESTATE E°XCiSE TAX JEFFERSnN `UNFY TREASURER DECLARATION OF EASEMENT GRANTORS: Leon and Mandel Voetberg ' GRANTEE Aaron Baling GRANTORS PARCELS(abbreviated): Portions of Gov't Lot 3.Scc.10.T.25 N.,R2 W.,W.M.,Jefferson Co.,WA,lying northerly of SR 101.also known as tax lots 14 and 15. GRANTORS TAX PARCEL NUMBERS: 502104023&502104025 GRANTEES PARCEL(abbreviated): N.560 ft.of W.425 ft.of Gov't. Lot 3,Sec.IO,T.25 N.,R1 W.,WM.,Jefferson Co.,WA,also known as tax lot 13. GRANTEES TAX PARCEL NUMBER: 502104022 Whereas,the parties hereby agree to extinguish that easement described and conveyed under Jefferson Co.Auditor's No.286264,and which is to be supercoded by an easement,30 ft.in width for ingress and egress,beneficial to the grantee,his heirs and successors,over that portion of the grantor's property being more particularly described as follows: Commencing at the most southwesterly corner of Tax Lot 15,Gov't.Lot 3,Sec.10,T.25 N.,R2 W,WM,Jefferson County.WA.said Tax Lot 15 being displayed and described on survey recorded under Vol35 of Surveys,pages 433-434.Records of Jefferson Co.WA; Thence N 54-17-55 W along the southwesterly boundary of said parcel for a distance of 1723 R.to the centerline of a 30 ft.wide ingress and egress casement and the Point of Beginning: Thence N 65-11-03 E along said easement centerline,parallel with the southerly boundary of Tax Lot 15 for a distance of 42.36 R.; Thence N 27-45-06 W along said easement centerline for a distance of 8189 ft.; Thence N 2.04-58 E along said easement centerline for a distance of 54.62 ft. to the northeasterly boundary lint of said Tax Lot 15:Thence candnuing N 2-04-58 E along said easement centerline.parallel with and 15 ft.east of the east boundary of Tax Lot 16 of Said Gov't Lot 3,fora distance of 502.90 ft.to the south boundar}i of the N.560 ft.of the West 425 ft.of said Gov't. Lot 3,also known as Tax Lot 13,and the terminus of easement. J r C4 GRANT., ► // .% bb'-09-1 1 4 _ 05 1 3 Iron Von. . t hate Maridel Voetberg GRANTEE: r I A..• (''tmg WADE R. JOHNSTON STATE OF WASHINGTON NOTARY PUBLIC Stare of Washington ) MY COMMISSION,EXPIRES 07-31-16 County c.. �A(p�aQt On this(day aff J L 013,personally appeared before me, Leon Voetberg and Mandel Voetberg,to me known to be the individuals described in and who executed the within instrument and acknowledged that the signed the same as their free and voluntary act and deed for the uses and proposer therein mentioned. IN WRNESS WHEREOF,I have hereunto set my hand and fixed my official seal the is certificate frost above written. p 446-1e . Notary Public i and for the tate of Washington Reeding at 578682 Page 3 of 4 08128/2013 02:42 PM State of Washington) {��' ss A►, County of J t- L 1� 1� 1 j ta") On this J. day of .2013.personally appeared befote me,Aaron Boling,to me known to be the individual described in and who executed the within instrument and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. IN WITNESS WHEREOF.I have hereunto set my hand fixed my official seal the day and year i s catificatc first above written. Notary Public i and for the S of Washington Residing at WADE R. JOHNSTON STATE Of WASHINGTON NOTARY PUBLIC MY COMMISSION.FXP1RES 07-31-18 • 578682 Page 4 of 4 08/28/2013 02:42 PM EASEMENT DETAIL BOEING END OF EASEMENT CENTERLINE TAX LOT 13 TAX LOT 16 I3 VOETBERG TAX LOT 14 CENTERLINE OF 30 FT. WOE INGRESS do EGRESS EASEMENT VOETBERG TAX LOT 15 I l \ EASEMENT POINT > ACA OF BEGINNING �. • R. ►►I CHAD WIC KI() LINE TABLE �Q S V , WINTERS /J LINE LENGTH BEARING L1 17.23 N 54117'55' W !rir+ LAND SURVEYING AND MAPPING L2 42.36' S 65"11'03" W � 1422 N.W. B6TH St, SEATTLE, WA 98117 L3 81.B9, S 27'45'O6„ E r,1 202.297.0996 L4 54.62' S 0204'58” W 206.297.0997 DATE OHAawIOKwi TfERS.COIL L5 502.90' S 02'04'58* DATE I 3 w 1 FILED ?9H J11y122 Ai! 9. 40 IN SUPER1C'i; Ce.iliT JEFFERSON COW-13 '( CLERK 4 5 6 7 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON 8 IN AND FOR THE COUNTY OF JEFFERSON 9 10 LEON V. VOETBERG and MARIDEL 1 1 2 0 0 1 4 7 3 11 V. VOETBERG, husband and wife, NO. 12 Plaintiffs, 13 vs. COMPLAINT FOR PERMANENT INJUNCTION 14 DAVID J. HARDS and DONNA S. HARDS, husband and wife, 15 Defendants . 16 17 18 COMES NOW the Plaintiffs above identified and for 19 complaint against the Defendants state as follows: 20 21 The Plaintiffs are individuals, husband and wife, and 22 reside six months of the year in Lewis County and six months of 23 the year in Jefferson County where they own real estate and pay 24 taxes. COMPLAINT FOR THE TILLER LAW FIRM ATTORNEYS AT LAW PERMANENT INJUNCTION - 1 - ROCK&PINE-P.O.BOX 58 CENTRALIA,WASHINGTON 98531 TELEPHONE(360)736-9301 FACSIMILE(360)736-5828 ORIGINAL i 1 II 2 The Defendants are husband and wife and reside at 308762 3 Highway 101 in Jefferson County, Washington. This address and 4 residence of the Defendants are on Jefferson County Assessor 5 tax parcel No. 502104014 . Any acts alleged herein by either of 6 the named Defendants were done for and on behalf of the marital 7 community. 8 III 9 Venue for this matter is properly laid in Jefferson County 10 in that it concerns real estate located in Jefferson County and 11 the Defendants reside therein. 12 IV 13 Plaintiffs purchased in 1996 real estate of approximately 14 a little over 7 acres and which was Jefferson County tax parcel 15 Nos . 502104023 and 502104025. This real estate is directly to 16 the north and east of Defendants' parcel described above and is 17 contiguous to it. 18 V 19 Plaintiffs' Grantor and predecessor in interest in the 20 chain of title as to this real estate was a Martin Lorenzen, a 21 widower, who owned Plaintiffs' described property and all the 22 real estate surrounding it, including the Defendants' parcel. 23 On or about June 11, 1954, in conveying the real estate now 24 owned or occupied by Defendants, Martin Lorenzen, by THE TILLER LAW FIRM COMPLAINT FOR ATTORNEYS AT LAW PERMANENT INJUNCTION - 2 - CENTTRALIIA,WASHINGTON98531 TELEPHONE(360)736-9301 FACSIMILE(360)736-5828 1 reservation, created on and over the real estate now owned and 2 occupied by Defendants, a "right of way". Such reservation is 3 as follows as a "subject to" to the deed of Defendants' 4 predecessor in interest, all as follows: 5 SUBJECT TO: A reservation by the Grantor herein, his heirs, successors and assigns, for the perpetual use 6 and right of way of an existing private road traversing the southerly portion of the above 7 described tract, hereby granting the Grantors, their successors and assigns, the right to use said road. 8 This reservation is found in Jefferson County Auditor' s File 9 No. 141881 . 10 VI 11 Defendants received title on or about February 11, 2005, 12 and Defendants' deed, Jefferson County Auditor' s File No. 13 494837, in expressly made subject to this right of way or 14 easement with the following language: 15 SUBJECT TO: Reservation of easement under Auditor' s 16 File No. 141881. 17 VII 18 In fact, such easement is necessary as the way to access 19 such upland real estate of Plaintiffs due to the physical side 20 wall of the cut of S.R. 101 to the northeast of the terminus of 21 the easement unto S.R. 101 . Such road is capable of being 22 identified on the ground as an existing graveled road as well 23 as the road spoken of in the Lorenzen deed. The road was 24 present at the time of Plaintiffs' purchase in 1996 and remains THE TILLER LAW FIRM COMPLAINT FOR ATTORNEYS AT LAW PERMANENT INJUNCTION - 3 - CENTTRCALIA.W HING ON 98531 TELEPHONE(360)736-9301 FACSIMILE(360)736-5828 • 1 as the road used today. Plaintiffs have used the road in a 2 regular and systematic way since 1996 for ingress and egress to 3 the real estate purchased by Plaintiffs. 4 VIII 5 Exhibit A photos 1 through 9 inclusive are photographs 6 taken by Plantiffs on May 25, 2011. The photographs picture 7 signage placed by Defendants to intimidate the Plaintiffs and 8 Plaintiffs' friends, agents, and permittees. Photo #A-1 9 indicates there can be no parking, which is not true. Photo #A- 10 1, 2 & 4 are not on Defendants' real estate but is where the 11 road passes through a gate from 502104025 to 502104023 . 12 Defendants are trespassing with the placement of such sign. 13 Photo #A-2._ is a close-up of the sign in #A-l. It 14 indicates documentation must be produced by any road user. It 15 threatens those who do not follow rules imposed by Defendants 16 will be prosecuted. Photo #A-5 indicates Defendants will not be 17 responsible for any injuries, accidents or deaths that may 18 occur, a not so subtle suggestion that such events might occur. 19 The middle sign claims that restitution or claims will be 20 sought and paid. Photo #A-7 speaks to vehicles that may not use 21 the road. Vehicles may not use the road, the sign says, if it 22 is going to be parked, stored, or if a boat is hauled, or if it 23 is a construction vehicle or for development. Such right of way 24 restriction is not true. Photo #A-9 speaks directly to one of THE TILLER LAW FIRM COMPLAINT FOR ATTORNEYS AT LAW . PERMANENT INJUNCTION - 4 - CENTRALIA,ROCK 8 PINE-P.O BOX 58 WASHINGTON 98531 TELEPHONE(360)736-9301 FACSIMILE(360)736-5828 . • 1 the Plaintiffs and demands that Plaintiff show his "documents 2 and legal papers", an improper restriction. 3 IX 4 In addition to such signage, Defendants have, of recent 5 weeks, personally, approached friends of Plaintiffs, using the 6 road with Plaintiffs' permission, walked right up to them at 7 the gate area and on the real estate of Plaintiffs, and 8 indicated to such permittees of Plaintiffs that "they will not 9 be able to get their boat trailers off of the premises. " The 10 permittees, friends of Plaintiffs, were parking their trailers 11 on the premises on a permission granted basis. The testimony of 12 these permittees will be presented at time of hearing. 13 X 14 To date, after cleaning up the premises, the use to which 15 the property has been put is the use by permittees of 16 Plaintiffs to park rigs or trailers in a non-commercial way. 17 Such use has been very limited in terms of times of use. Such 18 premises historically, have been used for agriculture, 19 tributary forestry, and residential purposes . Other than what 20 zoning laws may provide, there is no restriction by the 21 reservation as to the use of the dominant estate. Plaintiffs 22 also intend to be surveying the subject real estate and are 23 fearful, because of Defendants' threats, that they will remove 24 surveyor' s markings, stakes, pipes, and pins. THE TILLER LAW FIRM COMPLAINT FOR ATTORNEYS AT LAW PERMANENT INJUNCTION - 5 - CENTTR LIA,PINE ASHINGTON 98531 TELEPHONE(360)736-9301 FACSIMILE(360)736-5828 s • 1 XI 2 Since the initial drafting of this complaint, Plaintiffs 3 have commenced the survey of the boundary, together with other 4 lines, of the common boundary with Defendants from Defendants' 5 past conduct in harassing users of the easement, Plaintiffs 6 anticipate that Defendants will harass and bother the flags, 7 stakes, and pins of the surveyor. 8 XII 9 Defendants' threats and actions have been a willful course 10 of action and directed toward Plaintiffs and toward Plaintiffs' 11 friends, agents and permittees and cause alarm, annoyance and 12 chills their lawful use of the easement for fear of Defendants 13 seizing or harming their vehicles, trailers or themselves. The 14 viewing of these signs or the hearing that "you won' t get your 15 trailer out or off the premises, " causes a reasonable person 16 emotional distress. 17 XIII 18 Plaintiffs have no adequate remedy at law to stop this 19 course of conduct. 20 XIV 21 Agents and permittees of Plaintiffs are fully within their 22 legal rights to use the easement to Plaintiffs' real estate for 23 a wide variety of uses of such real estate, and Defendants 24 should be enjoined from intimidating, annoying, alarming or THE TILLER LAW FIRM COMPLAINT FOR ATTORNEYS AT LAW PERMANENT INJUNCTION - 6 - CENTTRCAKLIIA,WASHING ON988531 TELEPHONE(360)736-9301 FACSIMILE(360)736-5828 • 1 threatening such road user by the use of these threatening 2 signs or otherwise. It is fair and reasonable that Defendants 3 be permanently enjoined from such action and that Defendants be 4 enjoined from the use of such threatening signs as are on 5 Defendants' premises, and that during the pendency of this 6 action that a temporary injunction issue to enjoin and restrain 7 the Defendants from the acts described above. 8 XV 9 RESERVATION OF RIGHT TO AMEND 10 At the time of the framing of this complaint, the survey 11 as to the common boundary between Plaintiffs and Defendants was 12 not complete. This common boundary has never been marked or 13 determined. Plaintiffs reserve the right to amend this 14 complaint to provide for the recognition of such survey and 15 boundary should Defendants deny the same. 16 WHEREFORE, Plaintiff prays as follows: 17 1. For a temporary injunction prohibiting Defendants 18 from removing or damaging the flags, stakes, pipes or pins of 19 surveyors at work during the course of this litigation, or from 20 bothering or harassing them while they do their work. 21 2. For a temporary injunction, the same to be made 22 permanent after hearing, enjoining and restraining Defendants 23 from the placement of signs along the easement in question, 24 announcing regulations which Defendants are not entitled to THE FILLER LAW FIRM COMPLAINT FOR ATTORNEYS AT LAW PERMANENT INJUNCTION - 7 - ROCK S PINE-P.O.BOX 58 CENTRALIA,WASHINGTON 98531 TELEPHONE(360)736-9301 FACSIMILE(360)736-5828 S • 1 have, implying that physical harm may come, and indicating that 2 activities cannot be undertaken which are proper and lawful to 3 do. 4 3 . For a temporary injunction to be made permanent, 5 restraining Defendants from coming on the real estate of 6 Plaintiffs. 7 4 . For an order authorizing an amendment of this 8 complaint upon a showing that Defendants do not accept the 9 finding and marking of the common boundary so as to establish 10 the same. 11 5. For judgment for costs and attorneys fees as may be 12 allowed by law. 13 Dated: June 1// , 2011. 14 I 15 Ii/AAL ,L • L L. TILLER - WSB' ' 441 16 Of Attorneys for Plaintiffs 17 18 19 STATE OF WASHINGTON ) 20 : ss COUNTY OF L E W I S ) 21 22 We, Leon V. Voetberg and Maridel V. Voetberg, husband and 23 wife, being first duly sworn on oath, depose and say that: 24 THE TILLER LAW FIRM COMPLAINT FOR ATTORNEYS AT LAW PERMANENT INJUNCTION - 8 - CENTTRRAKLIIA,WASHIINGTOON 868531 TELEPHONE(360)736-9301 FACSIMILE(360)736-5828 1 We are the Plaintiffs above-named, have read the foregoing 2 Complaint for Permanent Injunction, know the contents thereof 3 and believe the same to be true. 4 LEs1 V. VOETBER 6 MAR DEL V. VOETBERG 8 SUBSCRIBED AND SWORN to before me •is /7 da f June , 2011. 9 Notary Public in and for the 11 State of Washington, residing at LL,A,rc Lit . My appointment expires (74-0 12 Print Name { 13 14 15 16 17 18 19 20 21 22 23 24 THE TILLER LAW FIRM COMPLAINT FOR ATTORNEYS AT LAW ROCK&PINE-P.O.BOX 58 PERMANENT INJUNCTION - 9 - CENTRALIA,WASHINGTON 98531 TELEPHONE(360)736-9301 FACSIMILE(360)736-5828 ■ • • EXHIBIT A #1 • • • • , - -, - A n + • n F . +yam Td{ #2 y4, y fi �1 'R* i \. . wee'(' l j �,5., r , ! e ,J ♦�•'�. p7iflaw ♦ r ; ee It 4 w f ... .2�p A. 1 Nl..,: m J r+ -til `' >:. "cPrr.�.�adwaY'5 qye.. .i • -t'r '' •. ,l? '. /.� y r •, ��j1 -• 3tS -r '♦CRY }} � x �{ .." - - • •- . 1 • • EXHIBIT A #3 . 4. < 0. + LP id r; .p a1-941 I. ++ . . � i { 2 t F w f. J 1,:: a a- s d w4+F-i-s•-i.^ n=: :K',„t' N�i ' 'r NM I .. ' eft raw* -. v u- . y ALL Crii46.40141 Wig wilt tofitgoesWitrig. IV " `* di , ,r,.:- ..,...:.+► 111.1011f ;,;',P:.; may. 5 ' .. ,ern. � ..._. � -� ,F rM♦j'.a.:d au ,' � a r,. _ _ . : % ✓...�f� +• ccx•. �r4 v ';ell..M nt• I,4,• <.. v.. p s .. •�. - ey_.p Ws roily <a.:.• r. r..y--. ' .?. •;.;y;,..^" -44.`x.5. r. Fu Xt v'dw„E•l, ,x A Pin. •.w t I • • wa.? - j - •by nraQ,f L' `...fit/ 4,,�w ice ,...,. ^� } tiT►... ��• 1 ... i • • EXHIBIT A #5 rE , ■' /,r-„M«ems•' +'O'oto-- ...0 -4 fr e . N C•n .,. "NOT rf ''' fo ' o TEO o K ~N:rERS P " jOJ E S TL eb NO �C..Rr 0 V� a ER' K jS !r ' N Z. NT-E- ., � nN v.o^b . ti R0— (d'r Ntv: eNTl VRr. o - �►T• e I S ,—,- FOK0 S ,�� Sµ �- ° .:r. o Yo F R 0—i. . . ^ K S o 7 : Rs NE JN ~T ""_ a 01-°K++p• Rik YSJgL f-.Gil oft ENr r>A P q ES. N CuR/fig c'i DAM 1•IE 4C a s; -4 ft r.: w >,. i, S'"....: _ ell- - ',St • v F_ r NO p gV't aOA Ic 1 �e �` 4 € "" -14. T 113 , F+`'ii/ SS .i}�?::, 'may_ O{] ,.p1 T"¢r;" x;'`i r � .....'''..4- .11`-:-.4. .f:',`'.1.-am !-4 � .,...*--.4.-i,1-- b -..y..-,�i 0 ;. . y % • _ L: is ' r •t, t R f - a Na ^1.1 ^ . � `'► *,4111r . •+ •:.� "r . A ° ,g& Nit . .,, i a •••!..- � / a., X �/y •• •*,'+. i;•�.•yt- a -.It--• *it . "` .-.."--4.:•,2 .PERTY 3 SN1x'- , "�.h`-{: _-�. 4._Y.; i` `f rim Si{...+n._. .,,, 41 . \j •�, "' •ye_ • • EXHIBIT A #7 _ '. _ wwtatcomy agc.ett..U4 eillde: LA.Il^1D;NtCJRY',. CI-VAC tv+oW1(1I,(1V Nast . tiV..aa 14[c:\et1p,,1'lVa zi d -C tds I'. • 'prly att.: tt tak.�e11ic\s °b°° - .-.."Yil•,,w•.]iS .afar tkVZ S<"""Se Ql ,t laud oNC'Cte'r oC kI VACY4_;iN.a dasY*AY. ?4n`•a1L ni`'y llll. 4,,_ �JCti ' vcl.�cl.cv. 1.it u eezc.Qtctg^No¼.'i %«vc a. �<.+yee- �:ot tob�"sea So< : road;.-•..y :¢alht'io vehicle. tnclor zoctedtor t>>e i�tan. Iss-∎or24,e.N� n.ad� a5S 10 Y • ,• type`N` t►sc .. sa °� C eom erdal.stora ,L\Y-- .- • �< to atty to be Usol- ° th' jI dt•;ri.^.v.••t.' ltt`Cl itt� vv.-42. " rope rties ._ ()t tC C Oab�ay. u•- .W\ ;x;. sr;. c .(fit' -0 a ,�? BN",tt'�a �Clf`S n �ffi f 08 +,• x x ns N 1' l 11aC ,mea ner` V; ,, tip .. .. &A. • • J{ya$ V' 1 f , A . 1 < / .r tear a It r ; 1 /wall 'i• A.,vox nr . ' ACCESS � � ' _ OR • imam 8 CN%9 ;4� ..F�qF- �.� to "4 s� l • • • EXHIBIT A •- #9 _ � ,. • "% ilL_. _ Voe-tb oz.arg i s ["..v S-V a. �c t` S V.o...a 11..L S r i9tit v.,.IC*••+•sal , e.o•cti.. oF` tsroe-vr ,-. d Q C.v cr,qt.%r•-ac S o•orN,4a.gam® P°-Pet' s ' i ns ca,e-a.cc- "V v Qo.ss Vt,t-ti a►.s r ` \ t. . dr IN/ewc:.-v _ Y • ,...,. •apcx..1 VOti"' yQUr Q4tIA A • tvr e.Wdy •1 �\ra s IA ora tiw y - 1a► 1 ." r rs 0.114 t'A (1, D k.. N.- • f� 1 F I ED 4H 2OI4 JAN -9 L I1: 13 2 )N SUPE7S!„ ' .. 3 MTFERSON Cuuitii 'i CLERK 4 5 6 7 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON 8 IN AND FOR THE COUNTY OF JEFFERSON 9 LEON V. VOETBERG and MARIDEL 10 V. VOETBERG, husband and wife, NO. 11-2-00147-3 11 Plaintiffs, STATUS REPORT OF PLAINTIFF IN OPPOSITION TO A CLERK' S 12 vs. DISMISSAL [CR 41 (b) (2) (A) ] 13 DAVID J. HARDS and DONNA S. HARDS, husband and wife, 14 Defendants . 15 16 COMES NOW the Plaintiff acting by and through their 17 attorneys of record, THE TILLER LAW FIRM, Laurel L. Tiller of 18 counsel, and under the authority of CR41 (b) (2) (A) submits this 19 status report so as to continue this matter as an active cause, 20 all as follows: 21 A. Reason for Inactivity: For a substantial period of 22 time the Defendants had moved away from their home through 23 which the access road runs to Plaintiff' s five and a half 24 acres. It was thought that if Defendants had moved from the STATUS REPORT OF PLAINTIFF THE TILLER LAW FIRM TTOR IN OPPOSITION TO A CLERK'S Roc 8 NEY P O BOX 58 DISMISSAL [CR41 (b) (2) (A) ) - 1 - CENTRALIA,WASHINGTON 98531 TELEPHONE(360)736-9301 FACSIMILE(360)738-5828 • • 1 area, the activity as complained about in Plaintiffs' Complaint 2 would no longer occur. Now, Defendants have returned to and 3 have moved back into the home and Plaintiffs fear that the 4 activity as complained about in Plaintiffs' Complaint will 5 continue. 6 B. Projection of Future Activity: Plaintiffs, 7 themselves, are temporarily away from the area and are 8 presently unable to confer with counsel except on a very 9 limited basis. They anticipate returning on or about May 1, 10 2014. At that time, they will meet with counsel and probably 11 not later than June 1, 2014, they will have conferred with 12 counsel and reviewed whether there should be additional 13 discovery or any proposed and necessary amendments to the 14 Complaint. For instance, there is testimony of survey marker 15 stake removal occurring after the Complaint that should be made 16 a part of an Amended Complaint. This process should not take 17 over sixty days, which would place the matter at September, 18 2014, and then be ready for Trial setting. 19 C. Case Completion Date: The undersigned is not all that 20 familiar with the time lapse between noting for Trial and the 21 occurrence of the Trial in Jefferson County, but his experience 22 in other jurisdictions would suggest that ninety days is not 23 unreasonable. Based upon that, Plaintiffs submit a case 24 completion date of December 31, 2014 . STATUS REPORT OF PLAINTIFF THE TILLER LAW FIRM ATTORNEYS AT LAW IN OPPOSITION TO A CLERK'S ROCK PINE-PO.BOX 58 DISMISSAL [CR41(b) (2) (A) ] - 2 - CENTRALIA,WASHINGTON 98531 TELEPHONE(380)736.9301 FACSIMILE(360)736-5828 • • 1 In the meantime, it is Plaintiffs' position that it is 2 important that the mutual restraining orders, pendent lite, 3 entered on September 9, 2011, remain in effect . 4 Dated: January 8, 2014 . 5 6 11.1• A A _ Pii, L L. T7• ERA- BA #344 8 Of Attorneys for Plaintiffs 9 10 STATE OF WASHINGTON ) 11 : ss COUNTY OF L E W I S ) 12 The undersigned, being first duly sworn on oath, states that: On this day I deposited in the mails of the United States of America a properly stamped 13 and addressed envelope directed to: Stephen W. Gilland, 210 Taylor Street #10, Port Townsend, WA 14 98365, containing a copy of the document to which this affidavit is attached. p (� 15 Ss" da S SCRIBED .---S- ;)N to before me this day of 16 Jativa� ' 2014. 17 C 18 Notary ub is Wasiin. on, residing at . Appointment er.L Yes(%--Uy-•7 Print Name L.c t -Q I 1- ( ,e,_ 19 20 21 22 23 24 STATUS REPORT OF PLAINTIFF THE TILLER LAW FIRM ATTORNEYS AT LAW IN OPPOSITION TO A CLERK'S ROCK PINE-P.O.BOX 58 DISMISSAL [CR41(b) (2) (A) ) - 3 - CENTRALIA WASHINGTON 98531 TELEPHONE(360)736-9301 FACSIMILE(360)736-5828 $ $ 3 CC When recorded return to > 581045„ 7� QET8ERG E„�RPOSEE5 THE TILLER LAW FIRM ) ■Iil�l�11NRI ��MI�M1I.Wt}5�1151t1�CNh�}I�i�YllIIY1V} 111i� Laurel L. Tiller P. O. BOX 58 CENTRALIA, WA 98531 • ) QUIT CLAIM DEED OF GIFT REFERENCE NUMBER(S) • GRANTOR(S)/BORROWER(S) • VOETBERG, LEON, and VOETBERG, MARIDEL, Husband and Wife GRANTEE(S)/ASSIGNEE(S)/BENEFICIARY(IES) : DOWD, JOHN, and DOWD, DALILA, Husband and Wife LEGAL DESCRIPTION Ptn Gov. Lot 3, Section 16, Twp 25N, Rge 2W, Jefferson County, WA ASSESSOR'S TAX PARCEL NUMBER(S) 502104023 THE GRANTORS, LEON VOETBERG and MARIDEL VOETBERG, husband and wife, for and in consideration of -THE GIFTING OF REAL ESTATE UPON WHICH THERE IS LOCATED A SEPTIC DRAIN FIELD THAT SERVES REAL ESTATE OF THE GRANTEES-- conveys and quit claims to JOHN DOWD and DAALILA DOWD, husband and wife, all interest in and to the following described real estate, situated in Jefferson County, Washington, including any interest therein which Grantor may hereafter acquire: Beginning at the most southerly corner that parcel conveyed form Jack Gaub to Leon and Maridel Voetberg under Warranty Fulfillment Deed recorded March 1, 1996, under Jefferson County Auditor's File No. 389117; thence N 48-53-27 W along the southwesterly boundary of said parcel for a distance of 56.66 ft; thence N 49-53-26 E 119.27 ft.; thence S 22-04-41 E 83.29 ft. to the southeasterly boundary of said parcel, being also described as the northwesterly boundary of State Hwy 101; thence S 65-11-03 W along said boundary for a distance of 87.95 ft. to the Point of Beginning. - 1 - 633051 120465 '*12/16/2013 10.001 581045 Page 2 of 3 12116/2013 12:21 PM ; ' Containing 0.16 acre AND TOGETHER WITH the right to use an easement over and across the easement of Grantors all as found in that deed of Martin Lorenzen from B. Jewell and Anonu C. Jewell, husband and wife, recorded June 11, 1954, under Auditor's File NO. 141881, wherein there is reserved a right-of-way over and across an existing road. The purpose of this easement for Grantees is the maintenance, reconstruction, and repair of the drain field on the real estate above conveyed. This gift is of real estate upon which is located a septic tank drain field that serves real estate of the Grantees southerly and across State Hwy 101, Jefferson County Assessor's parcel no. 502104006. The purpose of this conveyance is so the Grantees will have and own the drain field that serves their septic tank system. There is no monetary consideration being paid for this deed of gift. Although Grantors understand that this deed is subject to all matters of record, Grantors draw the attention of Grantees to the fact that previously hereto Grantors have conveyed an easement for a septic tank connecting line under and across the southern 20 feet of the same parcel no. 502104023 for connecting to the same drain field as conveyed herein. That easement is held by Marsh Brinnon, LLC. DATED: December 6.0. , 2013. LEON VOETBERG MARRl L VOETBERG (/ STATE OF ) ss COUNTY OF 1.2 ;J ) On this day personally appeared before me LEON VOETBERG and MARIDEL VOETBERG, husband and wife, to me known to be the - 2 - 1 r 581045 Page 3 of 3 12/1612013 12:21 PM . ■ 'f individuals described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this 65- day of CJA0-11.&--- , 2013. I- gVel--, Notary Pub is in and for the State of �a, residing at (�i,,f_Z ` '''J My appoint- ment expires C'rv_ax_'r Print Name I ciwr_t 4_ ,14._ 11 i'•° ''OLIC ti •: = 1: .,Cp..v .'1 �'AS%A.... 1a� ....y. - 3 -. COV LOT 3(LS N275'& / / - E160')LST% 4,7.13,14 GOV' y e 425, 40. ALL N OF Sr HWY // N GOV' o n f)s or // '41 5 68• m 20. 260' ilo� ` oa �' ,R, %,6 � h �� LOT '�'�j GOVT / / LOT 3 `� 260' C 672.17 Ica. TAA \\ 502104004 2 \ \ m 5021 23 m TAx I NLC)LESS TAX 16 4c 'a�J 1 -1 ca w '��, SR. 310 '`� �' I ors, r�� `1J !'I 10 P 000e p - o- o 010 A v TAX 7 tplf:. <OPec, \ "''N �j� �r+pF, A LOCK ‘'-;c13 O \ `'c \ 14...iiiia:• •y J\ l �(oJ? _ S 1_9Y, \Y Taal b a R es . 'H V p1 e �cr 502161039 LOT \ 502152013 Cl - TAX 1 (LESS ♦ 7.76 ch. j # TAX 48) ♦♦♦ �� o .i�� // M` h r �� 502152018 So �� No` ��.s• B (LESS B1-85) 4'li�s7o \ �°� Q \�p 11.08 Ch. (PIN) \'<4j \ �� /9 ■ �P \\ l P \ tJ\ R J o \-1 a 5� Qp T `r r S^�� ��yc iV)T Q -4 <P f LOT h , P� O Lr. \ ,,�h 0 COINUEA Y �, •� ► (� AREA , CP. \1-!'.` \. // N� 2 i C ( n \ 1A2 ,R ,F a This sketch is provided, without a charge, for your information. It is not intended to show all matters related to the property including, but not limited to, area, dimensions, easements, encroachments or location of boundaries. It is not a part of, nor does it modify, the commitment or policy to which is attached. The Company assumes NO LIABILITY for any matter related to this sketch. Reference should be made to an accurate survey for further information. Map Output Page 1 of 1 ArcIMS HTML Viewer Ma• 6301] . !° .r , c r „' s v »t: ' ir" v 4,.1P t , MUM 1 t t K.. 561'.0](7X1 .501`07016 .� ... M Legend p < i Selected Features > r JC Roads eniT •`� ,,., 2013 Aerial Photos ,!. tt ' 902'070 ' i . _ s. .xr ' 7 ..-,.. i......„.. , .„,„. ,- �C .r '....'''''.:6 c l 1 minisnommme . OR INFORMATIONAL PURPOSES ONLY- efferson County does not attest to the accuracy of the data contained herein and makes no warranty with respect to its orrectness or validity. Data contained in this map is limited by the method and accuracy of its collection.Tue Nov 18 12:21:50 2014 http://gisserver/servlet/com.esri.esrimap.Esrimap?ServiceName=ovmap&ClientVersion=... 1 1/1 8/2014 a— a a s c -0n -As sP9�AbEP ^m _ :" mW € 'A S o ny m rI m °' o s S.v ° v°gAT F — moK P110-m2-F�nN"4tmz r o op= b o o c > , g :a $-o R Z 9_ — m s a 0 3' a N- pra,c1A2 § oiA .. gE 2gIg E . a nnx RN >� aK . . — r'. ,1 27'2 g'� g m x m x ' s A 1. -O* Y b -S o f 88 (N14(I/4 15- 25N - 2110 O 1 Nt2not j 50315.009 PIN LOT 9 It TAX 0-9 9UEWEASE 1.25 a 4 ' Ma I— r G°"' 9° + .GGC D m y ka° spy w -T' n D °ra�m� °J 1 IT1 = 3, akVY$mo ua�e$ 9� J`,0 `, O • v Az70 s / ' m;s ( N r A . s°a 3+oS g l-r1 -Z. 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FOR INFORMATIONAL PURPOSES ONLY- efferson County does not attest to the accuracy of the data contained herein and makes no warranty with respect to its orrectness or validity. Data contained in this map is limited by the method and accuracy of its collection.Tue Nov 18 12:21:50 2014 http://gisserver/servlet/com.esri.esrimap.Esrimap?ServiceName=ovmap&ClientVersion=... 11/18/2014 Map Output Page 1 of 1 ArcIMS HTML Viewer Map 502103039 01 s 502103008 502104050 502104051 502104034 ., 502104038 5°21°4°31 ty Rd — --WI 5 502105008 502105001 1 1 1 502104052 1 1 --1--.''..---•...'.------ --___L f ------ 1 P [ 502103A34 502103007 502103006 , I 502105002 ' ' v' 502105005 4.41' •' ----.! 1 -------1 5021050031 ce ■ 502105004 1 R i •- I.4p i 1 ---- - - 1 I - T7 988200303 i' ----i ■ 8.820320i 50 ,,z.. ■ 502104045 98820000' .... 2103026 1 I ,. 502103023 502104022 502104007 908200302 4F .„---- - ;--s-' ' , - e 502104004/ r-"•- -,',98.8200,0„, Legend '------- I /N8200208 JC_Roads .• li 50204005 ,, .., ge.azy.yrN 9882031'0 Assessor Ma ps-H 1 .. S02103021 I . -_ Parcels-H 50.2103019 ''. . 502103020 502104026' . I _____7_,.„-1-. 1"502104004 502'03003--- 1 502104023 ---- .-802104015 _..., 502104025 ...' 502104021-- 502103016 502103015 502104014 ‘7.•._4'50210405°22 1°4°*8"--) 502104017 v ;,'„----'''7 ' 5021040111 ' ,/- SO2'..:4.2'!, 9885000'3 ■ --:,,,- ,,f .-= - 5024C r...,502104c:05 ''' _ 908500014 502152013 ...-'''' : 1 502151035 l'4464:00/0' ..-' i 1 918500049' , - i II 4--■.. gessocosz ...-- ,_ , '..,'i / 502151034 98660000s „ . ". 988600006 • i jrz„..„...,.....„, . ! . 1 50215 033 , — . .- 1 1, seesoma, -we 950600008.- 5021650011 988600013 9686000 X/14 '0 12 - ! 502155002 L . [ , --.r 989600031 30215600 988601 \is,a-cr.dosl -C'C',4111Ca-rry(.-e.r.a X-.-,--..,.,IS 502155004 0 4880 . 1 !_ 988600030 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 Jan 14 11:07:07 2015 http://gisserver/servlet/com.esri.esrimap.Esrimap?Servic eName=o vmap&ClientVersion=4.... 1/14/2015 Map Output Page 1 of 1 ArcIMS HTML Viewer Mai tit•_-,'_« 1 ' VI-111..11114P11 L i I „ 502103020 502/04026 1 j 111111drer:fi. II _ — Legend Selected Features JC_Roads 502109023 - Parcels+t FEMA FIRMS 502104025 • 502104021 ■ A III AxI 502103015 f..,,.502104014 '" 502104010 50210401: ■ a900 - P,J �'` 1502109025 --1 ■ °UMW 50210401? 502104015 ! 502152013 ,,,.- 502104005 502152013 I v l'.,.dai 7._L-e.•.]"1 Cam;Cc r4 FOR INFORMATIONAL PURPOSES ONLY- efferson County does not attest to the accuracy of the data contained herein and makes no warranty with respect to its orrectness or validity. Data contained in this map is limited by the method and accuracy of its collection.Tue Nov 18 12:19:53 2014 http://gisserver/servlet/com.esri.esrimap.Esrimap?ServiceName=ovmap&ClientVersion=... 11/18/2014 Map Output Page 1 of I ArcIMS HTML Viewer Map .2'0023 i^ J r t .1 b. i 3J2n 502104026 I Legend $i Selected Features JC Reads 502104023 �.. Parcels+t Y ,..�' Heritage Pants 6.4'44.24 5 - s`'� 502'0402' 6_4''230' beet.e■IC I 502100020 602•_42•_. 502100023 .:. 662104018 502Ic4C20 7_2'i•1025 bcr_.10=5 1I u:o">:kai v:_c-ie u�_u-r.17rra •.cc-.�L: 0214. 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. Tue Nov 18 : 12:19:14 2014 http://gisserver/servlet/com.esri.esrimap.Esrimap?ServiceName°ovmap&ChentVersion=... 11/18/2014 Map Output Page 1 of 1 ArcIMS HTML Viewer Map 502103023 'r]2•_W_22 K2',Ac.:5 Illpilkh.. • ) inL/04 SI N32'C• 20 Y.:2'@4025 tS // \ Legend Selected Features f JC_Roada \\ 5•_.Z'-lc•2' I Parcels-Ii Shoreline Slope Stability N.P2'64025 �� El interned late �1 n un�aee Y2•�_fr5 y.i2'(;-li�.:4 �0901(i 5/:2•::1,-;•_. 1 502104025 ■ IlnstS,e Recent Landshae 5U1'=-00+/ SJ2f060f8 El unsunk 0a undsnee .. $021040T0 ,•:.. Modified 50250401St 5021520'3 502104006 1O4O A502/52013 11v ie:d.]v .c+ir un CurrrCc-r.-s::er:ncs GO 0 ■ 214h 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.Tue Nov 18 12:20:15 2014 http://gisserver/servlet/com.esri.esrimap.Esrimap?ServiceName=ovmap&ClientV ersion=... 11/18/2014 Map Output Page 1 of 1 ArcIMS HTML Viewer Ma 4 /JP/�J. raaYl to ii �1T fi T / 1 J50 /6, 1. f �w Fp 1 iil�A -- or- -,-,.. Legend ''-� - J Selected TtUr {' Parcels-H j f J4115 ' 4111f .- -! ice" Contours — —.. 14 Fool Contour ( — - /h_/ 50 Fool Contour 502103015 502104014 •F IP G 040 T 11340'.c '� °i p. r 5®■214ft FOR INFORMATIONAL PURPOSES ONLY- efferson County does not attest to the accuracy of the data contained herein and makes no warranty with respect to its orrectness or validity. Data contained in this map is limited by the method and accuracy of its collection.Tue Nov 18 12:22:07 2014 http://gisserver/servlet/com.esri.esrimap.Esrimap?ServiceName=ovmap&ClientV ersion=... 11/18/2014 Map Output Page 1 of 1 ArcIMS HTML Viewer Ma. s;r_-1e2[ .-, ■ 502104405 '�-124o902(. 502104026 11111111M/1411;1;!'' ... Selected Fat res 502144023 r.+:..... Parcels-H i ._ SMP_Shoreline ' 502104025 Jf Environmental EIN l 5 Designatlons 5012103015 E. . 502104014 .. _s,0Rt L'_ .4.ualc Conwrinry Hph Intensrly 302704017... r•10!101 '.. r .■ ., Hal oral 1 NA 502`52013 i:'-yY.,..',. 0 Pnurdy A4uala Snorminc Resi4ent ul 0 ■ 2'411 FOR INFORMATIONAL PURPOSES ONLY- efferson County does not attest to the accuracy of the data contained herein and makes no warranty with respect to its orrectness or validity. Data contained in this map is limited by the method and accuracy of its collection.Tue Nov 18 12:21:17 2014 http://gisserver/servlet/com.esri.esrimap.Esrimap?ServiceName=ovmap&ClientVersion=... 11/18/2014 Map Output Page 1 of 1 ArcIMS HTML Viewer Map 502103023 So2,o4022 NNL\502104005 I I I 502103020 1 502104026 1 ! r'i ✓✓11 Legend Selected Features JC_Roads 502104023 - . Parcels-H Shore Form Type 502104025 502'0402! Accra! na■ Crow na[ '5 `.%32104014 - 502104024 Stare ` --,-� � SU2SO4Utc sorto40zs 502104018 5C+2•0•1020 100025.. 502104005y � I�In'uu II 502152013 • Ilan rH,1:V�ks]:r:_e^"e�.riCwr..C¢r�Sc c.-.GL3 0■214h 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.Tue Nov 18 12:21:10 2014 http://gisserver/servlet/com.esri.esrimap.Esrimap?ServiceName=ovmap&ClientVersion=... 11/1 8/20 14 Map Output Page 1 of 1 ArcIMS HTML Viewer Map 502103023 . — 502104022 1 50204005 ill 502103020 [ O2 104026 Legend Selected Features JC Rwds ,\ti 502104023 - Pa rce Is-H Dracells 542toao2s`. { ! 't., 50210402' Orvarganca Zone 502103415 i., 302104014 �. "- „.-----15021 Sp210102p�31021040t6 f,,.„••'"�� /� No AVPrecubb Neershor Orr(1 \. . \.e ' ��` 04 423 { �/ Rghf 10 ld1 '5227d1017';� i 502101075 . ,, A/ Unclaimed Can f 502704020�� 502101025SV. 302152013 '"- 502104006 . ..- " •• 342752013 , .. 11:r:r:1 V.&A,._.!'e m C oar;Cara Se.r:ar.Gt5 4 ran 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.Tue Nov 18 12:21:04 2014 http://gisserver/servlet/com.esri.esrimap.Esrimap?ServiceName=ovmap&Cl ientVersion=... 11/1 8/2014 Map Output Page 1 of 1 ArcIMS HTML Viewer Map W2103023 I __......._ 502104022 '-I-III t J. ' 502104005 � r 502703020 j S02104026 'I,, . � • - _._ _�-` Legend '� i...1 Selected Features ...... 502104023 !,-F ��^---- 1— i Marinas and Bulkheads 502109025 - - / p Al_ - 502104021 0m<^de • ���0� /V Maine 502/03015 502101014 1-'---I--` _---1 502104020 y_e'4_'c _ ..., _� _- 502104025 - 502104018 502104017 : 50210462■ 1 r --" 50210900E `/ 502752013' / y.-' `. fI /fir 5021520/3 va•.ded M.lssa*"CeureCnr.. _ 1 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.Tue Nov 18 12:20:57 2014 http://gisserver/servlet/com.esri.esrimap.Esrimap?ServiceName=ovmap&ClientV ersion=... 11/18/2014 Map Output Page 1 of 1 ArcIMS HTML Viewer Map } \\I ./1 it Legend Selected Features J C_Roa ds Parcels-Ft County Zoning a PR.SF Tracts Rural Reagan al 1:5 Rural Residential 1:10 Rmat Resocnt W l:2O MPR-$mgle Farley ■ NPR-Mu aeamily _.__ _.- NPR Resort Camolea Parks and Recrwtgn ■ MPR-Open Spam itRural Forest ■ Commercial Forest InrwMng Foust x[ --IvC Homy Mduslral y_e _a::25 Airport CPF ■ MPR-V Nagc Cana" ":e' ■ AP 1:20 ■ Rua VIliage Contor Resource Based ma S 2"vil.'f Y_["fi7 E Lam InduNral / • tip Waste Neal CPF _ LVC • CrossroadsOC InCrosvaadvCC IIII C■ossromv RC A !j1'S2,5:3 ■ AL 1:20 i1GA-Urban Commercial IIGA-Urban Lam Mauslrup \au,.1.c.'dea p:.ar.mi cos rs,_c IV Sccor Gl:7 p• IYd11 UGA-MDR DGI•IIDR 11GA-Pubbc DGA-lDR .'.4 DGA-Vrseor Orentatl Commorca■ MPR DRS Brans. CF MRLO Commercial Forest ?Amaral Resource Overlay 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. Tue Nov 18 12:20:45 2014 http://gisserver/servlet/core.esri.esrimap.Esrimap?ServiceName=ovmap&ClientVersion=... 11/18/2014 Map Output Page 1 of 1 ArcIMS HTML Viewer Map ..------ 502'0302O 1,' l.• I i ,■ • 302i03020 502104026 1 I ,I 1 , I ..-- Legend Selected Features ,.--- JC_Roads .,„ -----.' „....--- N 502104023 Parcels-H ,,,„------ . . _.„-- SIPZ _.- ^-.. ..---- ,..--- .---- ', 502104021 At Ant SiPZ . . , `t-,. -,--.- 45 N ---- l'' ,';--- . _.-- I I D000mmossionott Sin 502103015 502104014 '-. --- _ 502104020 502'040'6 -. .--- - 50.2'04Wb 0 Coastal&PI ---. . ..--t „ ...-- •• 502104018 502104017"t-----.. . W_12'04020 ./ .-- .t.-- ,.---' 502152013- -------- . ---- .. - s A5021520/3 Mao w•rednel"...e-r,-.01 Curl.:■'2 ,.E.a Sc••••Le,"31.':: 011111■21411 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.Tue Nov 18 12:20:35 2014 http://gisserver/servlet/com.esri.esrimap.Esrimap?ServiceName=ovmap&ClientVersion=... 1 1/1 8/20 1 4 Map Output Page 1 of 1 ArcIMS HTML Viewer Map t L• 502103020 wz;oaazs s� Legend - ---- Selected Features JC_Roads Parcels-H 50210401- Na Shooting Zones S:2%.10c5 I 13 mean nOrinnon 11 Wok Po:n 4,3. Omoon Olympc Conn.I•r_ __ _,�:•y y_�'ylr:•1 : Ormnonfraan Cove ICnmaculn C rook :...,.. ._ 7 Nola Pool • IPon Ludlow % 7 Soul h Coyb Pon msuU t. I� ParaerseOay Brinnon•Black Point I C°1nv°r"��atl ITao Snore • i. . 4..111 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.Tue Nov 18 12:20:27 2014 http://gisserver/servlet/com.esri.esrimap.Esrimap?ServiceName=ovmap&ClientVersion=... 11/18/2014 Map Output Page 1 of 1 ArcIMS HTML Viewer Map 502103023 I'D-7��- 502104022 !! %` —1 502109005 YM 502103020 502104026 f kIN � �Fta Y I Nm Y" L J Legend .-', NoC / k Selected Features J L 502104023 l. _�-' JC_Roads . ._t.� - .502104025 �' Sails-H !f' '',502104021 ..,. X01 _ A \� 45 -----502104020' —` 502103015 1..502104014 ` " "� 5 502t090.F - \fir i �, ,1.^ 502104025 '�� +� �� /502104018 f 50210401?. j 1-----'-- 14 ---7.� 5021t?ICe.. 1 502152013 -- - 1P S`-'- :.i-- 4' ry/ - / J r` f 5021520'3 V Mae 7vndsd by J,4lasa1 Cony Ceraa S-c:xi— _'-, 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. Tue Nov 18 12:19:02 2014 http://gisserver/servlet/com.esri.esrimap.Esrimap?ServiceName=ovmap&ClientVersion=... 11/18/2014 Map Output Page 1 of 1 ArcIMS HTML Viewer Ma• 502102022 , 14111: .1 502104022 1.11111111111 °, i . 502102020 1 502104026 ..... ,...„ , . Legend .... Selected Features ....., JC_Roads '- 502704022 ,. -- Parcel, DNR Water Bodies - 5021045 ., - . „. __' 502104021 ..... ... , _ .. . . -- . N IIII S 502103015 1-. 502104014 ''', - .___----I so2104o2o 502104016 - . 0 slo Designalon ---- - .--- , . -. .„...--- I502i04017‘-..-.-- . ----- 50214•,... 1 .„,....---- .,-)- 1 11 ...di 5021. .44 ..-- . 502152013 • s 502104026- ,.. --- _.--"-- .-- ......- ..-- .--- / - , A 502152013 " 1 ? . 3a.-cloi,._c.e•-.)1 C.u.rre Ce.r3 Sc-:cc:GS FOR INFORMATIONAL PURPOSES ONLY- efferson County does not attest to the accuracy of the data contained herein and makes no warranty with respect to its orrectness or validity. Data contained in this map is limited by the method and accuracy of its collection.Tue Nov 18 12:18:52 2014 http://gisserver/servlet/com.esri.esrimap.Esrimap?ServiceName=ovmap&ClientVersion=... 11/1 8/20 1 4 Map Output Page 1 of 1 ArcIMS HTML Viewer Map 1 I.. 1 502104035 ..•..,, 'u 9...es. St',4'..9.-45 L'',re 1 , ---- Legend Selected Features JC_Reacts .-- 502104023 _- Parcels-H --- , -- 13NR Streams N 802104025 50210402' /./ Teal 9 A/ Type 5 Type• 502903095 l 5192104014 4-. - .----41 50290404,.. _.'22',044).49.:N` ,-- 502104025 , .__--- ---- tie Type 2 •-. ,--- / ive Type 1 502104025 .." 502452013-.------ „.,„. 502•e/4026,00...--1,,,„_,/'' ..--- ,-/-' ---'44--..----..--- ..--- '-''' .-./ . A ,, 502152013 ■.4.4._,,.<HI w..23ffiersen Ceuvy CO11'4 So, 011■1=1.11111•1111111.21-0ft 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.Tue Nov 18 12:18:46 2014 http://gisserver/servlet/com.esri.esrimap.Esrimap?ServiceN ame=o vm ap&Client V er sion=-... 1 1/1 8/20 1 4 Map Output Page 1 of 1 ArcIMS HTML Viewer Map 502103023 502104022 , - if502104005 l I 502103020 502104026 1 1 L I ... - Legend .„-- Selected Features .----- ,. ......---. \ JC_Roads --"— „ 502104023 .----- F'arcels-H ',. • - „,.... DNR FP Stream _-- ----__-- Classification -- -_, ,..----- , 502104021 • .--- ---- ly, F rut nasnal ..-- I N `... 502103016 e. 502104014 ---.., " ---- -----------11\ .. --- '' .:„----- .--- 502104020 502104016 - Pl N.Non fish Natossi 2.--- "I. Np•Non1 psi.■IsPrisi Perms ol .. .--'- . Ns.Non-f min Harassi-Sessonm ...--- 502104015 .,,..--". S02104011 -,---- -- .---- 502104:c.- 4 / S-Inv...Norma Snoreloss .--- - - - .---- _ .....-." \'. 502162013 _...._- . .....---- . 'I. ....,' A _,".502152013 ,..---"` . ...gem=Cam:Cents Fic......cs.CsS 01■2•411 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. Tue Nov 18 12:18:39 2014 http://gisserver/servlet/com.esri.esrimap.Esrimap?ServiceName=ovmap&ClientVersion=... 1 1/18/2014 Map Output Page 1 of 1 ArcIMS HTML Viewer Map ; �/ J ,3021133023 I'f f i'-:1 - ./..iii.... j_ . 502104022 22 / - • i 1 0 r ' ' i , .7'/mil .. Ii� — _: 502104005 1 i' '0'0 J '502100020' :502104026 I.—/ /' �f �� /f! �_: I f Legend + ,' J r% IL ' ` - jam` Selected Features /i"-/ .y / �; .--•- --' .s � 10210002'. 10 FOm Contour• i / �' \T ! O ` FOOT Contour r / 1502103015 ]``..i.r / r 502704020 20 -502104016 1 , 502104014' I / 502104018.: /^1 5021040/5 ry -� - :S.- Y� . - .7 rY 502104025..• -� /� 302152013' �' X.- _502101008 .- %--• •rte,. - - ( y�/, 'Om,:cu.-dol try.kbnst Cony Cow*So'.tcs Go 0 ■21411 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.Tue Nov 18 i 12:18:21 2014 • http://gisserver/servlet/com.esri.esrimap.Esrimap?ServiceName=ovmap&ClientVersion=... 11/18/2014 Map Output Page 1 of 1 ArcIMS HTML Viewer Map scow= 502104025 Legend Selected Features JC_Roads 502104023 Parcels-H Parcel Tags-ti 502104025 \ F-7 Ha Spec=Repel 0 Special Report 502103015 $02104014 1 502104020 6021040'7. ) 502104026 502104018 ,1 =- 5021040i7 - 2.... J2104026 vips- -I '04046 044■1■214t1 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.Tue Nov 18 12:23:15 2014 http://gisserver/servlet/com.esri.esrimap.Esrimap?ServieeName—ovmap&ClientVersion—... 1 1/1 8/2014 Map Output Page 1 of 1 ArcIMS HTML Viewer Map 502103023 502104022 I 1 17/Lr:-.•--4— 502103020 [ 502104028 1 , -- Legend .-- --- , Selected Features .... 4. ..., ..-------' . i,. JC_Roads --- 502104023 , ,..-- .„_,...----"" r Parcels-I-1 Priority Habitats and 50210402 .. . .. Species 1 , _.. ..-- I 502103015 502104014 .-- . 502104020 ,..-- -- . 502104017",------ .---- "--- ---7--- 1 ,-•- .---- ._---' ._-----. ,..-- .------- A502452: 3 Maas oTrodedele Jalasan Casty C<SR,II::,.,,..,.,1,1, 0 eassommumosoomo 21411 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.Tue Nov 18 12:19:25 2014 http://gisserver/servlet/com.esri.esrimap.Esrimap?ServiceName=ovmap&ClientVersion=... 11/18/2014 Map Output Page 1 of 1 ArcIMS HTML Viewer Map 502103023 i 502104022 • 1 ' h 502103020 1 502104026 I it Legend Selected Features JC Roads 502104023 - Parcels-H Landslide Hazard • 50290402' Sides 502103015 502104014~''',. -"1 502104020' Madarato 502104015 r 502104025 7 shot SOQ7640741 1602104017 ~ 1.-' 5021041zu J i '�--- 502104006 502152013 y- I R 5021520/3 \Lm o.N1:1ncd:r:.en..•gin Cnrri Cava.;c°:.���N 0 ■ 21411 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. Tue Nov 18 12:19:46 2014 http://gisserver/servlet/com.esri.esrimap.Esrimap?ServiceName=ovmap&C l i entV ersion=... 11/18/2014 SE1 /4 r<+p ,. .,y. (NE1/4 10- 25N - 204] .91.%' 690.16• kilillil 111110'' 9'`•ILfR3 .i ;1s`+ R" N09'13'2( 01066 SEC 1 O 915.31 / / ) 3 / //// ? TWP25N 5021040.IN 4 // l,` I / / I ` 602104057 I- 411:' TA%19 INN! / 602104033 / 1 T,2,_21 .` e. •j` RGE 204 ti / TAX 1]WM! 111111 111111.11111141111 1 It TO EASE \ 5 8 s 6J vTO EASE / e.b°. / // / 502107 1;:1 / Z k - 3 p^• '• ., B PARCELS `""czas / // L60�2l z,,EASE1 CEDAR C d+/ 6011RC I I <i' 2.50 0. K 14 • •• rA%22 I •°: D --, • %- alp v. I (252 Xxa) '8i LOZI 10J/EASE •�' S0110b]A '9 2.68 e. '5'.a. 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DD) I Pia O 1e=200' n ro5011Y Lo�XL9 N17a'! l l , HOOD /, E.42'I,.STN,.T•lal, I •-- GOY 1 6p O ' ���- ALL N OE ST NWY // 425' 9,42°. / �`� �d , CANAL FAR SCALE GIVEN UNDER THE NORTH ARROW IS / \ 1•" $ FOR THE ORIGINAL DRAWING ED OR 20' 250' / Op. THIS COPY MAY BE A REDUCED OR ENLARGED $ R // ')1 LOT REPRODUCTION. ^ µl"� $ GOV'T LOT 3 PLEASE REFER TO THE SCALE BELOW. is. n // 572.11 • 00]10,04. 2 \ 0 I00X 2002 4�' 600X 000% \\ 6.02 9. \ 50X 14(EI • iA%,NENLG)LE35 TAX 14 r• 100 00T tat,• axe°. ,0' tati,*r \ EPi OMPNAL BAP$GAIfl ,' 2 4 y P a .,*. 16 a' r 'rt 5 20�° "t*,,;- '' ORWN. �} J: \"o'„ a>u m nr yrs::::ai:4::m i,3".. ,: fez's,. 6'' / / A tFon LOT) 5/29/86 Jc EFSiTHE.SE / r4d; i 9 Ar y F'�\ REVSIONS THE AION ISR DOES NOT IN AY WAY WARATEE TAM 7 •THE ACWRACY a THE AEAGE ANO PARCEL BWNDARIES 9/30/03 PDEPICTED ON 9ESE 4APS PARCEL 512E ANO CN Is BASED CM IRVEYS. LOA DESLE7 , I' •�•� INCLUDING RECORDED SVPVEYS,LEGAL DESCRIPTIONS/ .- Dr' iv IM H A 6.,. -� „tr Y ,5 16 TWP 25N-Ali .. 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GOVT LOT 6(S 100 of N 5307 H (1_57 chs) / GOVT I - *0p co.RD E 2,c51 RD n rA%H I° ° LOT • 15101 acreage n ° I GOVT 502+51003 s 501155005 602105007 }AX 5T k n G LOT 6 LOT T I }1 5221 01057 C (2.61 chs) n LOT D-5 SLOT,A IG (LS 1%60&TL CI) MAP SCALE GIVEN UNDER THE NORTH ARROW IS TA%N 2.51 a FOR THE ORIGINAL DRAWING ONLY. i T.T'a 5 605905 I 2.90 0. 557 0. }LTA% 501/65006 �Ia1141911NR IL�•X•Bl7 -Q 5.,79 chs) THIS COPY M.AY BE A REDUCED OR ENLARGED 2_r LOT 6 ) 615'5 502151022 HOOD REPRODUCTION, SUBJ/EASF gDBJ/HL.A 1.53 a03] LOT I PLEASE REFER TO THE SCALE BELOW S 3.21 e, 055905 X pp• �1 LOT 1 ,.30 a 1 50$15 008 CANAL 227X% 1.030 0.600'1 \ TL C DA -PLEASANT of m HARBOR 567.5 2T°60115110 TO EASE fl 1.8$ . L61 a 503101014 604% BMX D - fA%10 W/BEACN RIGHTp O 'XX 2000 m 103 n O1B •Y �1 k EASE4ENT5 ENLMC£D 600% o ' -ACTS rm. , I5' 45'. 25 0722 a PiN LOT,6 KEPHART SHORT PLATS 1,.1007 %_i/1■007 BFACH 5, me pRIPNAL MAP SGAIE 0. �y /TAX45 y 5 03151015 as.I.TS a 4 LOT 3 2 �- 11101 DRWN. 5/10 LARGE LOT 6021510]0 1 1 IIm c;TRIEs ` W LOT a;1.0 5X P \ ' - -` �1 9 REVISIONS a '� 'Ab1a) QJ 5N16,23x 1 I a 3. rAE ASSESSOR Dos.$01 IN ANY WAY GUARANTEE 1 LOT, '42 2. 1, REVISIONS NS THE ACWRACr 0f THE ACREAGE AND PARCEL BWNDARIES O 31:X0' 031.23 330.40' DEPICTED ON rAESE 4APS PARCEL 513E AND NBT3p•IYW 55554p7 (/35/02 4r• LOLAnON IS BASED ON MEOR4AXIX/AYAILABLE, 1/26/01 4E'• MWULNO RECESSED SARNEYB.LEGAL DESENIPTONS. (SE1/a 16 - 25$ - 204) 7/21/01 YI•• AERIAL PHOTOGRAPHS pAR H5 MANDART L01A5065 NT ,N 0 WERE 11/11/02 M" IPARCEILMAP PARCEL DATEC RY FREQUENTLY.ARE ESPWATED. 6/1x/0, PP^ CHECK 1ET 60H 1K CWNTY ISSEBSPI NORY IHE Ag JEFFERSON COUNTY ASSESSOR 1,9,21 4T• LATEST 605510. +y �qy p •:: 5021 510 TOR 4CPC INFDR4Ar10N,CONTACT' •LEEER50N CPJNTY ASSESSOR P.O.600 1220 PONY TOWNSEN2.WA.98362 18.35.060 Purpose, scope and limitations. (1) Purpose and Scope. The purpose of this article is to provide procedures and criteria for the review and approval of adjustments to boundary lines between platted or unplatted lots, tracts or parcels, or both in order to: (a)Allow the enlargement or merging of lots, tracts or parcels to improve or qualify as a buildable lot or for any other lawful purpose; (b) Rectify defects in legal descriptions; (c) Achieve increased setbacks from property lines or environmentally sensitive areas; (d) Correct situations wherein an established use is located across a lot line; or (e) For other similar purposes. This article is also intended to ensure compliance with the Survey Recording Act, Chapter 58.09 RCW and Chapter 332-130 WAC. (2) Prohibited Boundary Changes. This article shall not apply to boundary changes that would: (a) Result in the creation of an additional lot, tract, parcel, site within a binding site plan or division as defined in Chapter 18.10 JCC; (b) Result in a lot, tract or parcel or site within a binding site plan that does not qualify as a buildable lot as defined in Chapter 18.10 JCC; (c) Relocate an entire lot, tract or parcel from one parent parcel into another parent parcel; (d)An adjustment that crosses zoning district boundaries. Adjustments may be allowed across different rural residential densities; (e) Be inconsistent with any restrictions or conditions of approval for a recorded short plat or long plat; or circumvent the short subdivision or long subdivision procedures set forth in this chapter; (f) Separate an accessory dwelling unit from the primary use of the property. (3) Lot Consolidation. The consolidation of two or more lots, tracts or parcels for the purpose of creating a single lot, tract or parcel that meets the requirements for a buildable lot shall in all cases be considered a minor adjustment of boundary lines and shall not be subject to the short subdivision or long subdivision provisions of this chapter. Lot consolidations shall not require a survey or soil evaluation. (4)Adjustments to Binding Site Plans. Recognized lots in an approved binding site plan shall be considered a single site and no lot lines on the site may be altered by a boundary line adjustment to separate lots to another property not included in the original site plan of the subject development. (5) Rectifying legal defects, such as an established use located across a lot line, and the adjustment of boundary lines to match water bodies, roads, or fence lines, shall be considered minor adjustments and shall not require a soil evaluation and may be allowed regardless of the size of the resultant parcels. Time Limitations. If more than two lots, tracts or parcels have been subject to a boundary line adjustment process, those lots shall not be permitted to use the boundary line adjustment process again for five years with the exception of lot consolidations, testamentary divisions,civil cases, court orders, rectifying legal defects, or the adjustment of one line between two or more property owners for the purpose of settling a dispute. [Ord. 8- 06§ 1] 18.35.070 Application submittal and contents. To be considered complete, applications for boundary line adjustments shall include the following: (1)Applications for boundary line adjustments shall be made on forms provided by the Jefferson County department of community development and shall be submitted to the department of community development, along with the appropriate fees established under the Jefferson County fee ordinance. (a)A single application may be submitted for multiple BLAs for adjacent parcels, lots, tracts or sites within a binding site plan. However, standard application fee(s) shall apply to each BLA after the first two per additional parcel, lot, tract or site. (b) In instances of lot consolidation, standard application fee(s) shall apply based on the number of resulting parcels or lots; (2)A completed land use permit application form, including all materials required pursuant to Chapter 18.40 JCC; (3) Three copies of a clean and legible drawing suitable for recording showing the following: (a) The proposed lines for all affected lots, tracts or parcels, indicated by bold solid lines; (b) The existing lot, tract or parcel lines proposed to be changed, indicated by light broken lines; ,i(c)The location and dimensions of all structures/improvements existing upon the affected lots, n t ', tracts or parcels and the distance between each such structure/improvement and the proposed ,k i* 1' I boundary lines, with structures proposed to be removed from the site depicted with broken lines wi 1 r ' nKh and structures to remain on the site depicted with solid lines; \-.1 J(d)A north arrow indication and scale;i e• )All assessor's tax parcel numbers for the affected lots, tracts or parcels; (f) The location of the property as to quarter/quarter section; Lfm. ' '\. • t 5 re_ Lo`(- r 1- 1� (g)The location and dimensions of any easements within or adjacent to any affected lots, tracts or parcels; k c_A, h � -5 (h)The location, right-of-way widths, pavement widths and names of all existing or platted streets or roads, whether public or private, and other public ways within or adjacent to the affected lots, tracts or parcels; (i)The area and dimensions of each lot prior to and following the proposed adjustment; (j) The existing on-site sewage system components and reserve areas and the proposed location for on-site sewage systems and soil test pits for all affected lots that are not currently served by an on-site sewage system or other approved wastewater treatment system; _: (k)The location of all existing and proposed water and storm drainage facilities; and (I)The approximate location and extent of any environmentally sensitive areas designated under Article VI-D of Chapter 18.15 JCC, including any flood hazard areas lying within the existing or revised parcel boundaries. The following notice will be recorded on the drawing when the parcels that are part of the boundary line adjustment include, or are adjacent to, environmentally sensitive areas (ESA): Notice to Public: Current Jefferson County geographic information systems(GIS) maps identify the presence of an Environmentally Sensitive Area (ESA) such as stream,wetland,flood, landslide hazard, erosion, aquifer recharge area,fish and 1 wildlife habitat, shoreline, etc., lying within and/or adjacent to the revised parcels \\S ^�\ encompassed by this Boundary Line Adjustment. Prior to any land disturbing activity ` s -Q9 or construction activity, applicant/owner shall contact the Jefferson County GL-t'' department of community development regarding compliance for such ESAs. Approval of this Boundary Line Adjustment does not guarantee a buildable site within �(0 said parcel(s). Such determination is dependent on approvals of water, septic, bulk and dimensional setbacks, and ESA requirements. (4)The original legal description of the entire property together with new separate legal descriptions for each lot, tract or parcel, labeling them each as existing parcel A, existing parcel B, revised parcel A, revised parcel B, etc. The drawing shall be attached to or include on the face a formal legal declaration of the boundary line adjustment, signed and notarized by all legal owners of the subject properties. In cases where the property has not been surveyed, the following disclaimer shall be recorded on the drawing: DISCLAIMER LANGUAGE FOR BLA STATEMENT OF INTENT: Your request for a Boundary Line Adjustment(BLA) has been approved. Since no survey was submitted as part of your BLA application, the County accepts no liability for what facts a survey might have revealed.A survey might have revealed that a structure or improvement believed to be on the applicant's property is, in fact, located wholly or partially upon someone else's property or upon property that is not the subject of this BLA. But in the absence of a survey,the applicant bears sole responsibility if such a problem arises. (5)A copy of any covenants, conditions and restrictions (CC&Rs), deed restrictions, or planned rural residential development(PRRD) agreements pertaining to or affecting the property; and (6) If an individual septic system is proposed (i.e., as opposed to connection to either a community drainfield or municipal sewer system), the applicant shall provide written verification from the Jefferson County department of environmental health that the lots, tracts, parcels or sites, as each would exist after the boundary line adjustment, are adequate to accommodate an on-site sewage disposal system. The location of soil logs must be shown on the drawing to show land area sufficient to meet environmental health requirements for each resultant lot, tract, or parcel that does not contain a dwelling. An applicant may choose to apply for a site plan approval advance determination (SPAAD)to fulfill this requirement. In cases where the requirement to provide written verification that the resultant lots can accommodate on-site sewage system from the Jefferson County department of environmental health has been waived, the following notice shall be recorded on the drawing: Notice to Public:Approval of this Boundary Line Adjustment does not guarantee a buildable site within said parcel(s). Such determination is dependent on approvals of water, septic, bulk and dimensional setbacks, and ESA requirements. This requirement shall be waived for resultant parcels that: (a)Are larger than 2.5 acres; (b) Have existing residential structures; or (c) Have limited the use of the resultant parcel to agriculture, forestry, or open space through conservation easements, restrictive covenant, or similar legal arrangement. The open space tax program shall not be used to fulfill this requirement; (7)The application shall be accompanied by a current(i.e., within 30 days)title company certification of the following: (a) The legal description of the total parcels sought to be adjusted; • .J (b) ose individuals or corporations holding an ownership interest and any security interest (such as deeds or trust or mortgages) or any other encumbrances affecting the title of said parcels. Such individuals or corporation shal I sign and approve the final survey prior to final approval; (c)Any lands to be dedicated shall be confirmed as being owned in fee title by the owner(s) signing the dedication certificate; (d)Any easements or restrictions affecting the properties to be adjusted with a description of purpose and referenced by the auditor's file number and/or recording number; and (e) If lands are to be dedicated or conveyed to the county as part of the subdivision, an American Land Title Association (A.L.T.A.) policy may be required by the director of the department of public works. [Ord. 8-06 § 1] yag----11' oft/ 18.35.080 Review process and criteria. (1) Prior to approval, a proposed boundary line adjustment shall be reviewed by the Jefferson Cou assessor. (2) Based on any comments solicited and received from the department of public works, the department of environmental health or other applicable departments and agencies, the administrator shall approve the proposed boundary line adjustment only upon finding that the adjustment would not: (a) Create any additional lot, tract, parcel, site within a binding site plan or division or relocate any lot, tract, parcel, or site within a binding site plan or division to another parent parcel; (b) Result in a lot, tract, parcel, site within a binding site plan or division that contains increased density or insufficient area or dimension to meet the minimum requirements for area and dimension as set forth in Chapter 18.15 JCC and state and local health codes and regulations; (c) Diminish or impair drainage, water supply, existing sewage disposal, and access or easement for vehicles or pedestrians, utilities, and fire protection for any lot, tract, parcel, site (i.e., within an approved binding site plan), or division; (d) Diminish or impair any public or private utility easement or deprive any parcel of access or utilities; (e) Diminish or impair the functions and values of environmentally sensitive areas designated under Article VI-D of Chapter 18.15 JCC, or create an unsafe or hazardous environmental conditiow (f) Create unreasonably restrictive or hazardous access to the property; (g) Create a nonconforming lot, tract, or parcel or increase the nonconforming aspects of an 7 existing lot, tract or parcel relative to Chapter 18.15 JCC; (h) Replat or vacate a short plat or long plat, or revise, amend, or violate any of the conditions of approval for any short or long subdivision; or (i) Create a lot, tract, or parcel that crosses zoning district boundaries, with the exception an adjustment across rural residential densities. (3) Following approval by the administrator, a final record of survey document shall be prepared by a licensed land surveyor in accordance with Chapter 58.09 RCW and Chapter 332-130 WAC. The document shall contain a land surveyor's certificate and a recording certificate. The final page of the record of survey document shall contain the following signature blocks: (a) The Jefferson County assessor's office, to be signed by the Jefferson County assessor or his/her designee; and (b)The department of community development, to be signed by the administrator. (4) Upon approval the following statement of intent shall be recorded by the auditor and referenced by auditor file number on the final survey: THIS RECORDING IS FOR THE PURPOSE OF ASSISTING WITH A BOUNDARY LINE ADJUSTMENT PURSUANT TO RCW 58.17.040(6). IT DOES NOT CREATE ANY ADDITIONAL LOTS,TRACTS, PARCELS, OR A DIVISION AS THE LAND DESCRIBED HEREON SHALL MERGE OR BE INTEGRATED INTO ABUTTING PROPERTY PRESENTLY OWNED BY THE PROPONENTS. NOR DOES THE BOUNDARY LINE ADJUSTMENT RESULT IN ANY LOTS,TRACTS, PARCELS OR DIVISION WHICH CONTAIN INSUFFICIENT AREA AND DIMENSION TO MEET MINIMUM COUNTY AND SANITATION REQUIREMENTS FOR WIDTH AND AREA FOR A BUILDING SITE. (5) Pursuant to RCW 86.56.345, current year and any delinquent taxes shall be paid before approval of any ,7boundary line adjustment. (6)Applications for boundary line adjustments shall be processed according to the procedures for Type I land use decisions established in Chapter 18.40 JCC. [Ord. 8-06 § 1] \VAC 458-61A-109: Trading/exchanging property and boundary line adjustme... Page 1 of 2 WAC 458-61A-109 Agency filings affecting this section Trading/exchanging property and boundary line adjustments. (1) Trading/exchanging property. The real estate excise tax applies when real property is conveyed in exchange for other real property or any other valuable property. The real estate excise tax is due on the true and fair value for each individual property. (2) Boundary line adjustments. (a) Introduction. A boundary line adjustment is a legal method to make minor changes to existing property lines between two or more contiguous parcels. Real estate excise tax may apply depending upon the specific circumstances of the transaction. Boundary line adjustments include, but are not limited to, the following: (i) Moving a property line to follow an existing fence line; (ii) Moving a property line around a structure to meet required setbacks; (iii) Moving a property line to remedy a boundary line dispute; (iv) Moving a property line to adjust property size and/or shape for owner convenience; and (v) Selling a small section of property to an adjacent property owner. (b) Boundary line adjustments in settlement of dispute. Boundary line adjustments made solely to settle a boundary line dispute are not subject to real estate excise tax if no other consideration is present. (c) Taxable boundary line adjustments. In all cases, real estate excise tax applies to boundary line adjustments if there is consideration (other than resolution of the dispute), such as in the case of a sale or trade of property. (3) Examples. The following examples identify a number of facts and then state a conclusion. These examples are provided as a general guide. The status of each situation must be determined after a review of all of the facts and circumstances. (a) Mr. Jehnsen and Mr. Smith own adjoining parcels of land separated by a fence. During a survey to confirm the property boundary of Mr. Smith's parcel, the parties discover that the true property line actually extends five feet over on Mr. Jehnsen's side of the fence. Mr. Jehnsen does not want to move the fence. He has paved, landscaped and maintained this section of land and if he gave it up he would lose his parking area. After numerous discussions regarding the property line, Mr. Smith agrees to quitclaim the five-foot section of land to Mr. Jehnsen. Real estate excise tax does not apply since there is no consideration other than resolution of the dispute. (b) Mr. Smith will only agree to transfer the five-foot section of land to Mr. Jehnsen if he is paid $1,000. Mr. Smith owes real estate excise tax on $1,000. (c) Mr. Smith will cede the five-foot parcel only if Mr. Jehnsen gives him a narrow strip of land in exchange. Mr. Jehnsen agrees to exchange a ten-foot section of his parcel for the five-foot section of Mr. Smith's parcel solely to resolve the boundary line dispute. Real estate excise tax does not apply. It is irrelevant that the property involved in the transfer is not equal since the sole purpose of the transfer is to settle a boundary line dispute. (d) Mr. Smith and Mr. Jehnsen are unable to resolve their dispute over the five-foot parcel. Mr. Jehnsen agrees to trade his lake front cabin for Mr. Smith's entire parcel. Mr. Jehnsen will owe real estate excise tax on the fair market value of the lake front cabin. Mr. Smith owes real estate excise tax on the fair market value of his parcel. (e) Mr. Smith wants something in exchange for giving the five-foot parcel to Mr. Jehnsen. Mr. Jehnsen agrees to give Mr. Smith his tractor in exchange for the five-foot section of land. Mr. Smith will owe real estate excise tax on the fair market value of the five-foot section of his parcel and use tax on the value of the tractor (see WAC 458-20-178). (f) Mr. Robbins owns 18 acres of land adjacent to Ms. Pemberton's 22-acre parcel. Mr. Robbins would like to develop his 18 acres, but he needs two more acres to develop the land. Ms. Pemberton agrees to give Mr. Robbins two acres of land. In exchange Mr. Robbins agrees to pave Ms. Pemberton's driveway as part of the land development. The http://app.leg.wa.gov/wae/defau1t.aspx?cite=458-61A-109 9/16/2014 WAC 458-61A-109: Trading/exchanging property and boundary line adjustme... Page 2 of 2 real estate excise tax is due on the true and fair value of the two acres conveyed to Mr. Robbins. In addition, sales or use tax may be due on the value of the paving. (4) Documentation. In all cases, an affidavit is required to record the new property line. [Statutory Authority: RCW 82.32.300, 82.01.060(2), and 82.45.150. WSR 05-23-093, § 458- 61A-109, filed 11/16/05, effective 12/17/05.] http://app.leg.wa.gov/wac/default.aspx?cite=458-61A-109 9/16/2014 RCW 4.28.080: Summons, how served. Page 1 of 3 WASHINGTON STATE LEGISLATURE .13 earch I Help I RCWs>Title 4 >Chapter 4.28 >Section 4.28.080 Inside the Legislature * Find Your Legislator 4.28.020 « 4.28.080 » 4.28.090 * Visiting the Legislature * Agendas, Schedules and Calendars RCW 4.28.080 * Bill Information Summons, how served. * Laws and Agency Rules * Legislative Committees * Legislative Agencies Service made in the modes provided in this section is personal service. The * Legislative Information summons shall be served by delivering a copy thereof, as follows: Center * E-mail Notifications (1) If the action is against any county in this state, to the county auditor * Civic Education or, during normal office hours, to the deputy auditor, or in the case of a * History of the State charter county, summons may be served upon the agent, if any, designated Legislature by the legislative authority. Outside the Legislature * Congress-the Other (2) If against any town or incorporated city in the state, to the mayor, city Washington manager, or, during normal office hours, to the mayor's or city manager's * TVW designated agent or the city clerk thereof. * Washington Courts * OFM Fiscal Note Website (3) If against a school or fire district, to the superintendent or commissioner thereof or by leaving the same in his or her office with an Access AlkiNashingtons assistant superintendent, deputy commissioner, or business manager °f4=1a151n3akr...nm.^t,t.,. during normal business hours. (4) If against a railroad corporation, to any station, freight, ticket or other agent thereof within this state. (5) If against a corporation owning or operating sleeping cars, or hotel cars, to any person having charge of any of its cars or any agent found within the state. (6) If against a domestic insurance company, to any agent authorized by such company to solicit insurance within this state. (7)(a) If against an authorized foreign or alien insurance company, as provided in RCW 48.05.200. (b) If against an unauthorized insurer, as provided in RCW 48.05.215 and 48.15.150. (c) If against a reciprocal insurer, as provided in RCW 48.10.170. (d) If against a nonresident surplus line broker, as provided in RCW 48.15.073. (e) If against a nonresident insurance producer or title insurance agent, as provided in RCW 48.17.173. http://apps.leg.wa.gov/RCW/default.aspx?cite=4.28.080 12/17/2014 RCW 4.28.080: Summons, how served. Page 2 of 3 (f) If against a nonresident adjuster, as provided in RCW 48.17.380. (g) If against a fraternal benefit society, as provided in RCW 48.36A.350. (h) If against a nonresident reinsurance intermediary, as provided in RCW 48.94.010. (i) If against a nonresident life settlement provider, as provided in RCW 48.102.011. (j) If against a nonresident life settlement broker, as provided in RCW 48.102.021. (k) If against a service contract provider, as provided in RCW 48.110.030. (I) If against a protection product guarantee provider, as provided in RCW 48.110.055. (m) If against a discount plan organization, as provided in RCW 48.155.020. (8) If against a company or corporation doing any express business, to any agent authorized by said company or corporation to receive and deliver express matters and collect pay therefor within this state. (9) If against a company or corporation other than those designated in subsections (1) through (8) of this section, to the president or other head of the company or corporation, the registered agent, secretary, cashier or managing agent thereof or to the secretary, stenographer or office assistant of the president or other head of the company or corporation, registered agent, secretary, cashier or managing agent. (10) If against a foreign corporation or nonresident joint stock company, partnership or association doing business within this state, to any agent, cashier or secretary thereof. (11) If against a minor under the age of fourteen years, to such minor personally, and also to his or her father, mother, guardian, or if there be none within this state, then to any person having the care or control of such minor, or with whom he or she resides, or in whose service he or she is employed, if such there be. (12) If against any person for whom a guardian has been appointed for any cause, then to such guardian. (13) If against a foreign or alien steamship company or steamship charterer, to any agent authorized by such company or charterer to solicit cargo or passengers for transportation to or from ports in the state of Washington. (14) If against a self-insurance program regulated by chapter 48.62 RCW, as provided in chapter 48.62 ROW. http://apps.leg.wa.gov/RCW/default.aspx?cite°4.28.080 12/17/2014 RCW 4.28.080: Summons, how served. Page 3 of 3 . .. (15) In all other cases, to the defendant personally, or by leaving a copy of the summons at the house of his or her usual abode with some person of suitable age and discretion then resident therein. (16) In lieu of service under subsection (15) of this section, where the person cannot with reasonable diligence be served as described, the summons may be served as provided in this subsection, and shall be deemed complete on the tenth day after the required mailing: By leaving a copy at his or her usual mailing address with a person of suitable age and discretion who is a resident, proprietor, or agent thereof, and by thereafter 1 mailing a copy by first-class mail, postage prepaid, to the person to be served at his or her usual mailing address. For the purposes of this subsection, "usual mailing address" does not include a United States postal service post office box or the person's place of employment. [2012 c 211 § 1; 2011 c 47 § 1; 1997 c 380 § 1; 1996 c 223 § 1; 1991 sp.s. c 30 § 28; 1987 c 361 § 1; 1977 ex.s. c 120 § 1; 1967 c 11 § 1; 1957 c 202 § 1; 1893 c 127 § 7; RRS § 226, part. FORMER PART OF SECTION: 1897 c 97 § 1 now codified in RCW 4.28.081.] Notes: Rules of court: Service of process -- CR 4(d), (e). Effective date, implementation, application --Severability -- 1991 sp.s. c 30: See RCW 48.62.900 and 48.62.901. Severability -- 1977 ex.s. c 120: "If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1977 ex.s. c 120 § 3.] Service of process on foreign corporation: RCW 23B.15.100 and 238.15.310. foreign savings and loan association: RCW 33.32.050. nonadmitted foreign corporation: RCW 238.18.040. nonresident motor vehicle operator: RCW 46.64.040. http://apps.leg.wa.gov/RCW/default.aspx?cite=4.28.080 12/17/2014 WAC 458-61A-109: Trading/exchanging property and boundary line adjustments. Page 1 of 2 WAC 458-61A-109 Agency filings affecting this section Trading/exchanging property and boundary line adjustments. (1) Trading/exchanging property. The real estate excise tax applies when real property is conveyed in exchange for other real property or any other valuable property. The real estate excise tax is due on the true and fair value for each individual property. (2) Boundary line adjustments. (a) Introduction. A boundary line adjustment is a legal method to make minor changes to existing property lines between two or more contiguous parcels. Real estate excise tax may apply depending upon the specific circumstances of the transaction. Boundary line adjustments include, but are not limited to, the following: (i) Moving a property line to follow an existing fence line; (ii) Moving a property line around a structure to meet required setbacks; (iii) Moving a property line to remedy a boundary line dispute; (iv) Moving a property line to adjust property size and/or shape for owner convenience; and (v) Selling a small section of property to an adjacent property owner. (b) Boundary line adjustments in settlement of dispute. Boundary line adjustments made solely to settle a boundary line dispute are not subject to real estate excise tax if no other consideration is present. (c) Taxable boundary line adjustments. In all cases, real estate excise tax applies to boundary line adjustments if there is consideration (other than resolution of the dispute), such as in the case of a sale or trade of property. (3) Examples. The following examples identify a number of facts and then state a conclusion. These examples are provided as a general guide. The status of each situation must be determined after a review of all of the facts and circumstances. (a) Mr. Jehnsen and Mr. Smith own adjoining parcels of land separated by a fence. During a survey to confirm the property boundary of Mr. Smith's parcel, the parties discover that the true property line actually extends five feet over on Mr. Jehnsen's side of the fence. Mr. Jehnsen does not want to move the fence. He has paved, landscaped and maintained this section of land and if he gave it up he would lose his parking area. After numerous discussions regarding the property line, Mr. Smith agrees to quitclaim the five-foot section of land to Mr. Jehnsen. Real estate excise tax does not apply since there is no consideration other than resolution of the dispute. (b) Mr. Smith will only agree to transfer the five-foot section of land to Mr. Jehnsen if he is paid $1,000. Mr. Smith owes real estate excise tax on $1,000. (c) Mr. Smith will cede the five-foot parcel only if Mr. Jehnsen gives him a narrow strip of land in exchange. Mr. Jehnsen agrees to exchange a ten-foot section of his parcel for the five-foot section of Mr. Smith's parcel solely to resolve the boundary line dispute. Real estate excise tax does not apply. It is irrelevant that the property involved in the transfer is not equal since the sole purpose of the transfer is to settle a boundary line dispute. (d) Mr. Smith and Mr. Jehnsen are unable to resolve their dispute over the five-foot parcel. Mr. Jehnsen agrees to trade his lake front cabin for Mr. Smith's entire parcel. Mr. Jehnsen will owe real estate excise tax on the fair market value of the lake front cabin. Mr. Smith owes real estate excise tax on the fair market value of his parcel. (e) Mr. Smith wants something in exchange for giving the five-foot parcel to Mr. Jehnsen. Mr. Jehnsen agrees to give Mr. Smith his tractor in exchange for the five-foot section of land. Mr. Smith will owe real estate excise tax on the fair market value of the five-foot section of his parcel and use tax on the value of the tractor (see WAC 458-20-178). (f) Mr. Robbins owns 18 acres of land adjacent to Ms. Pemberton's 22-acre parcel. Mr. Robbins would like to develop his 18 acres, but he needs two more acres to develop the land. Ms. Pemberton agrees to give Mr. Robbins two acres of land. In exchange Mr. Robbins agrees to pave Ms. Pemberton's driveway as part of the land development. The real estate excise tax is due on the true and fair value of the two acres conveyed to Mr. Robbins. In addition, sales or use tax may be due on the value of the paving. • ir\I-i vv u = beA■ n G IvG\A c-bn\-66--t u 43 aIaii 1 q beund o r" UfcA paint , Sh arlA9 G LOmrnon bore. http://ap .leg.wa.gov/WAC/default.aspx?cite=45 61A-109 2/10/2015 WAC 458-61A-109: Trading/exchanging property and boundary line adjustments. Page 2 of 2 (4) Documentation. In all cases, an affidavit is required to record the new property line. [Statutory Authority: RCW 82.32.300, 82.01.060(2), and 82.45.150. WSR 05-23-093, § 458-61A-109, filed 11/16/05, effective 12/17/05.] http://app.leg.wa.gov/WAC/default.aspx?eite=458-61A-109 2/10/2015 Chapter 58.17 RCW: PLATS SUBDIVISIONS DEDICATIONS Page 1 of 26 Chapter 58.17 RCW PLATS - SUBDIVISIONS - DEDICATIONS RCW Sections 58.17.010 Purpose. 58.17.020 Definitions. 58.17.030 Subdivisions to comply with chapter, local regulations. 58.17.033 Proposed division of land -- Consideration of application for preliminary plat or short plat approval -- Requirements defined by local ordinance. 58.17.035 Alternative method of land division -- Binding site plans. 58.17.040 Chapter inapplicable, when. 58.17.050 Assessors plat-- Compliance. 58.17.060 Short plats and short subdivisions -- Summary approval -- Regulations -- Requirements. 58.17.065 Short plats and short subdivisions -- Filing. 58.17.070 Preliminary plat of subdivisions and dedications -- Submission for approval -- Procedure. 58.17.080 Filing of preliminary plat-- Notice. 58.17.090 Notice of public hearing. 58.17.092 Public notice -- Identification of affected property. 58.17.095 Ordinance may authorize administrative review of preliminary plat without public hearing. 58.17.100 Review of preliminary plats by planning commission or agency -- Recommendation -- Change by legislative body -- Procedure --Approval. 58.17.110 Approval or disapproval of subdivision and dedication -- Factors to be considered — Conditions for approval -- Finding -- Release from damages. 58.17.120 Disapproval due to flood, inundation or swamp conditions -- Improvements --Approval conditions. 58.17.130 Bond in lieu of actual construction of improvements prior to approval of final plat-- Bond or security to assure successful operation of improvements. 58.17.140 Time limitation for approval or disapproval of plats -- Extensions. 58.17.150 Recommendations of certain agencies to accompany plats submitted for final approval. 58.17.155 Short subdivision adjacent to state highway -- Notice to department of transportation. 58.17.160 Requirements for each plat or replat filed for record. 58.17.165 Certificate giving description and statement of owners must accompany final plat -- Dedication, certificate requirements if plat contains -- Waiver. 58.17.170 Written approval of subdivision -- Original of final plat to be filed — Copies -- Periods of validity, governance. 58.17.180 Review of decision. 58.17.190 Approval of plat required before filing Procedure when unapproved plat filed. 58.17.195 Approval of plat or short plat--Written finding of conformity with applicable land use controls. http://apps.leg.wa.gov/rcw/default.aspx?cite=5 8.17&full=true 2/10/2015 Chapter 58.17 RCW: PLATS SUBDIVISIONS DEDICATIONS Page 2 of 26 58.17.200 Injunctive action to restrain subdivision, sale, transfer of land where final plat not filed. 58.17.205 Agreements to transfer land conditioned on final plat approval --Authorized. 58.17.210 Building, septic tank or other development permits not to be issued for land divided in violation of chapter or regulations -- Exceptions -- Damages -- Rescission by purchaser. 58.17.212 Vacation of subdivision — Procedure. 58.17.215 Alteration of subdivision -- Procedure. 58.17.217 Alteration or vacation of subdivision -- Conduct of hearing. 58.17.218 Alteration of subdivision -- Easements by dedication. 58.17.220 Violation of court order or injunction -- Penalty. 58.17.225 Easement over public open space -- May be exempt from RCW 58.17.215 -- Hearing -- Notice. 58.17.230 Assurance of discontinuance of violations. 58.17.240 Permanent control monuments. 58.17.250 Survey of subdivision and preparation of plat. 58.17.255 Survey discrepancy -- Disclosure. 58.17.260 Joint committee -- Members -- Recommendations for surveys, monumentation and plat drawings. 58.17.275 Proposals to adopt, amend, or repeal local ordinances --Advance notice. 58.17.280 Naming and numbering of short subdivisions, subdivisions, streets, lots and blocks. 58.17.290 Copy of plat as evidence. 58.17.300 Violations -- Penalties. 58.17.310 Application for approval of plat within irrigation district--Approval without provision for irrigation prohibited. 58.17.320 Compliance with chapter and local regulations -- Enforcement. 58.17.330 Hearing examiner system --Adoption authorized -- Procedures -- Decisions. 58.17.900 Validation of existing ordinances and resolutions. 58.17.910 Severability -- 1969 ex.s. c 271. 58.17.920 Effective date and application of 1974 ex.s. c 134. Notes: Fees for filing subdivision plats and short plats: RCW 58.24.070. 58.17.010 Purpose. The legislature finds that the process by which land is divided is a matter of state concern and should be administered in a uniform manner by cities, towns, and counties throughout the state. The purpose of this chapter is to regulate the subdivision of land and to promote the public health, safety and general welfare in accordance with standards established by the state to prevent the overcrowding of land; to lessen congestion in the streets and highways; to promote effective use of land; to promote safe and convenient travel by the public on streets and highways; to provide for adequate light and air; to http://apps.leg.wa.gov/rcw/default.aspx?cite=58.17&full=true 2/10/2015 Chapter 58.17 RCW: PLATS— SUBDIVISIONS—DEDICATIONS Page 3 of 26 facilitate adequate provision for water, sewerage, parks and recreation areas, sites for schools and schoolgrounds and other public requirements; to provide for proper ingress and egress; to provide for the expeditious review and approval of proposed subdivisions which conform to zoning standards and local plans and policies; to adequately provide for the housing and commercial needs of the citizens of the state; and to require uniform monumenting of land subdivisions and conveyancing by accurate legal description. [1981 c 293 § 1; 1969 ex.s. c 271 § 1.] Notes: Reviser's note: Throughout this chapter, the phrase "this act" has been changed to "this chapter." "This act" [1969 ex.s. c 271] also consists of amendments to RCW 58.08.040 and 58.24.040 and the repeal of RCW 58.16.010 through 58.16.110. Severability -- 1981 c 293: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1981 c 293 § 16.] 58.17.020 Definitions. As used in this chapter, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings. (1) "Subdivision" is the division or redivision of land into five or more lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership, except as provided in subsection (6) of this section. (2) "Plat" is a map or representation of a subdivision, showing thereon the division of a tract or parcel of land into lots, blocks, streets and alleys, or other divisions and dedications. (3) "Dedication" is the deliberate appropriation of land by an owner for any general and public uses, reserving to himself or herself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. The intention to dedicate shall be evidenced by the owner by the presentment for filing of a final plat or short plat showing the dedication thereon; and, the acceptance by the public shall be evidenced by the approval of such plat for filing by the appropriate governmental unit. A dedication of an area of less than two acres for use as a public park may include a designation of a name for the park, in honor of a deceased individual of good character. (4) "Preliminary plat" is a neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks, and other elements of a subdivision consistent with the requirements of this chapter. The preliminary plat shall be the basis for the approval or disapproval of the general layout of a subdivision. (5) "Final plat" is the final drawing of the subdivision and dedication prepared for filing for record with the county auditor and containing all elements and requirements set forth in this chapter and in local regulations adopted under this chapter. http://apps.leg.wa.gov/rcw/default.aspx?cite=5 8.17&full=true 2/10/2015 Chapter 58.17 RCW: PLATS — SUBDIVISIONS DEDICATIONS Page of 26 (6) "Short subdivision" is the division or redivision of land into four or fewer lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership. However, the legislative authority of any city or town may by local ordinance increase the number of lots, tracts, or parcels to be regulated as short subdivisions to a maximum of nine. The legislative authority of any county planning under RCW 36.70A.040 that has adopted a comprehensive plan and development regulations in compliance with chapter 36.70A RCW may by ordinance increase the number of lots, tracts, or parcels to be regulated as short subdivisions to a maximum of nine in any urban growth area. (7) "Binding site plan" means a drawing to a scale specified by local ordinance which: (a) Identifies and shows the areas and locations of all streets, roads, improvements, utilities, open spaces, and any other matters specified by local regulations; (b) contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as are established by the local government body having authority to approve the site plan; and (c) contains provisions making any development be in conformity with the site plan. (8) "Short plat" is the map or representation of a short subdivision. (9) "Lot" is a fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area. The term shall include tracts or parcels. (10) "Block" is a group of lots, tracts, or parcels within well defined and fixed boundaries. (11) "County treasurer" shall be as defined in chapter 36.29 RCW or the office or person assigned such duties under a county charter. (12) "County auditor" shall be as defined in chapter 36.22 RCW or the office or person assigned such duties under a county charter. (13) "County road engineer" shall be as defined in chapter 36.40 RCW or the office or person assigned such duties under a county charter. (14) "Planning commission" means that body as defined in chapter 36.70, 35.63, or 35A.63 RCW as designated by the legislative body to perform a planning function or that body assigned such duties and responsibilities under a city or county charter. (15) "County commissioner" shall be as defined in chapter 36.32 RCW or the body assigned such duties under a county charter. [2002 c 262 § 1; 1995 c 32 § 2; 1983 c 121 § 1. Prior: 1981 c 293 § 2; 1981 c 292 § 1; 1969 ex.s. c 271 § 2.] Notes: Severability -- 1981 c 293: See note following RCW 58.17.010. Camping resort contracts -- Nonapplicability of certain laws to -- Resort not subdivision except under city, county powers: RCW 19.105.510. 58.17.030 Subdivisions to comply with chapter, local regulations. http://apps.leg.wa.gov/rcw/default.aspx?cite°58.178zfull=true 2/10/2015 Chapter 58.17 RCW: PLATS—SUBDIVISIONS—DEDICATIONS Page 5 of 26 } R Ever su divisio shall co pl with the provisio s ofthis chapter. Ever short su divisio as defi ed i this chapter shall co pl with the provisio s ofa local regulatio adopted pursua t to RCW 58.17.060. 1 7 ex.s. c 13 1 1 6 ex.s. c 271 3. 58.17.033 Proposed division of land —Consideration of application for preliminary plat or short plat approval — Requirements defined by local ordinance. 1 A proposed divisio ofla d as deft ed i RCW 58.17.020 shall e co sidered u der the su divisio or short su divisio ordi a ce ad o i g or other la d use co trolordi a ces i effect o the la d at the ti e a full co pleted applicatio for preli i ar plat approval ofthe su divisio or short plat approval ofthe short su divisio has ee su itted to the appropriate cou t cit or tow official. 2 The re uire e ts fora full co pleted applicatio shall e defi ed local ordi a ce. 3 The li itatio s i posed this sectio shall of restrict co ditio s i posed u der chapter 3.21C RCW. 1 87 c 10 2. 58.17.035 Alternative method of land division — Binding site plans. Acit tow or cou t a adopt ordi a ce procedures for the divisio s ofla d use ofa i di g site ph as a alter ative to the procedures re uired this chapter. The ordi a ce shall e li ited a do 1 appl too e or ore ofthe followi g: 1 The use ofa i di g site ph to divisio s for sale or lease of co erciall or dustriall o ed propert as provided i RCW 58.17.0 0 2 divisio s of propert for lease as provided for i RCW 58.17.0 0 5 a d 3 divisio s ofpropert as provided for i RCW 58.17.0 0 7 . Such ordi a ce a appl the sa e ordiffere tre uire e ts a d procedures to each ofthe three t pes of divisio s a d shall provide for the alteratio orvacatio ofthe i di g site pia a d a provide for the ad i istrative approval ofthe i di g site pia . The ordi a ce shall provide that after approval ofthe ge eral i di g site ph for i dustrial or co ercial divisio s su ect to a i di g site ph the approval for i prove e ts a d fi ali atio of specific i dividual co ercial or i dustrial lots shall e do e ad i istrative approval. The i di g site ph after approval a d/orwhe specific lots are ad i istrativel approved shall e filed with the cou t auditor with a record ofsurve . Lots parcels or tracts created through the i di g site ph procedure shall e legal lots ofrecord. The u er oflots tracts parcels sites or divisio s shall ot exceed the u er oflots allowed the local o i g ordi a ces. All provisio s co ditio s a d re uire e ts ofthe i di g site ph shall e legal) e forcea le o the purchaser or a other perso ac uiri g a lease or other ow ership i terest ofa lot parcel or tract created pursua t to the i di g site pla . http://apps.leg.wa.gov/rcw/default.aspx?cite=58.17&full--true 2/10/2015 Chapter 58.17 RCW: PLATS SUBDIVISIONS—DEDICATIONS Page 6 of 26 Any sale, transfer, or lease of any lot, tract, or parcel created pursuant to the binding site plan, that does not conform to the requirements of the binding site plan or without binding site plan approval, shall be considered a violation of chapter 58.17 RCW and shall be restrained by injunctive action and be illegal as provided in chapter 58.17 RCW. [1987 c 354 § 2.] 58.17.040 Chapter inapplicable, when. The provisions of this chapter shall not apply to: (1) Cemeteries and other burial plots while used for that purpose; (2) Divisions of land into lots or tracts each of which is one-one hundred twenty-eighth of a section of land or larger, or five acres or larger if the land is not capable of description as a fraction of a section of land, unless the governing authority of the city, town, or county in which the land is situated shall have adopted a subdivision ordinance requiring plat approval of such divisions: PROVIDED, That for purposes of computing the size of any lot under this item which borders on a street or road, the lot size shall be expanded to include that area which would be bounded by the center line of the road or street and the side lot lines of the lot running perpendicular to such center line; (3) Divisions made by testamentary provisions, or the laws of descent; (4) Divisions of land into lots or tracts classified for industrial or commercial use when the city, town, or county has approved a binding site plan for the use of the land in accordance with local regulations; (5) A division for the purpose of lease when no residential structure other than mobile homes or travel trailers are permitted to be placed upon the land when the city, town, or county has approved a binding site plan for the use of the land in accordance with local regulations; (6) A division made for the purpose of alteration by adjusting boundary lines, between platted or unplatted lots or both, which does not create any additional lot, tract, parcel, site, or division nor create any lot, tract, parcel, site, or division which contains insufficient area and dimension to meet minimum requirements for width and area for a building site; (7) Divisions of land into lots or tracts if: (a) Such division is the result of subjecting a portion of a parcel or tract of land to either chapter 64.32 or 64.34 RCW subsequent to the recording of a binding site plan for all such land; (b) the improvements constructed or to be constructed thereon are required by the provisions of the binding site plan to be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners' associations have a membership or other legal or beneficial interest; (c) a city, town, or county has approved the binding site plan for all such land; (d) such approved binding site plan is recorded in the county or counties in which such land is located; and (e) the binding site plan contains thereon the following statement: "All development and use of the land described herein shall be in accordance with this binding site plan, as it may be amended with the approval of the city, town, or county having jurisdiction over the development of such land, and in accordance with such other governmental permits, approvals, regulations, requirements, and restrictions that may be imposed upon such land and the development and use thereof. Upon completion, the improvements on the land shall be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners' associations have a membership or other legal or beneficial interest. This binding site plan http://apps.leg.wa.gov/rcw/default.aspx?cite=5 8.17&full=true 2/10/2015 Chapter 58.17 RCW: PLATS SUBDIVISIONS—DEDICATIONS Page 7 of 26 � 4 shall be binding upon all now or hereafter having any interest in the land described herein." The binding site plan may, but need not, depict or describe the boundaries of the lots or tracts resulting from subjecting a portion of the land to either chapter 64.32 or 64.34 RCW. A site plan shall be deemed to have been approved if the site plan was approved by a city, town, or county: (i) In connection with the final approval of a subdivision plat or planned unit development with respect to all of such land; or (ii) in connection with the issuance of building permits or final certificates of occupancy with respect to all of such land; or (iii) if not approved pursuant to (i) and (ii) of this subsection (7)(e), then pursuant to such other procedures as such city, town, or county may have established for the approval of a binding site plan; (8) A division for the purpose of leasing land for facilities providing personal wireless services while used for that purpose. "Personal wireless services" means any federally licensed personal wireless service. "Facilities" means unstaffed facilities that are used for the transmission or reception, or both, of wireless communication services including, but not necessarily limited to, antenna arrays, transmission cables, equipment shelters, and support structures; and (9)A division of land into lots or tracts of less than three acres that is recorded in accordance with chapter 58.09 RCW and is used or to be used for the purpose of establishing a site for construction and operation of consumer-owned or investor-owned electric utility facilities. For purposes of this subsection, "electric utility facilities" means unstaffed facilities, except for the presence of security personnel, that are used for or in connection with or to facilitate the transmission, distribution, sale, or furnishing of electricity including, but not limited to, electric power substations. This subsection does not exempt a division of land from the zoning and permitting laws and regulations of cities, towns, counties, and municipal corporations. Furthermore, this subsection only applies to electric utility facilities that will be placed into service to meet the electrical needs of a utility's existing and new customers. New customers are defined as electric service locations not already in existence as of the date that electric utility facilities subject to the provisions of this subsection are planned and constructed. [2004 c 239 § 1; 2002 c44 § 1; 1992 c 220 § 27; 1989 c 43 § 4-123. Prior: 1987 c 354 § 1; 1987 c 108 § 1; 1983 c 121 § 2; prior: 1981 c 293 § 3; 1981 c 292 § 2; 1974 ex.s. c 134 § 2; 1969 ex.s. c 271 §4.] Notes: Severability -- Effective date — 1989 c 43: See RCW 64.34.920 and 64.34.930. Severability -- 1981 c 293: See note following RCW 58.17.010. 58.17.050 Assessors plat — Compliance. An assessors plat made in accordance with RCW 58.18.010 need not comply with any of the requirements of this chapter except RCW 58.17.240 and 58.17.250. [1969 ex.s. c 271 § 5.] 58.17.060 Short plats and short subdivisions — Summary approval — Regulations — Requirements. http://apps.leg.wa.gov/rcw/default.aspx?cite=58.17&full=true 2/10/2015 Chapter 58.17 RCW: PLATS SUBDIVISIONS DEDICATIONS Page 8 of 26 (1) The legislative body of a city, town, or county shall adopt regulations and procedures, and appoint administrative personnel for the summary approval of short plats and short subdivisions or alteration or vacation thereof. When an alteration or vacation involves a public dedication, the alteration or vacation shall be processed as provided in RCW 58.17.212 or 58.17.215. Such regulations shall be adopted by ordinance and shall provide that a short plat and short subdivision may be approved only if written findings that are appropriate, as provided in RCW 58.17.110, are made by the administrative personnel, and may contain wholly different requirements than those governing the approval of preliminary and final plats of subdivisions and may require surveys and monumentations and shall require filing of a short plat, or alteration or vacation thereof, for record in the office of the county auditor: PROVIDED, That such regulations must contain a requirement that land in short subdivisions may not be further divided in any manner within a period of five years without the filing of a final plat, except that when the short plat contains fewer than four parcels, nothing in this section shall prevent the owner who filed the short plat from filing an alteration within the five-year period to create up to a total of four lots within the original short plat boundaries: PROVIDED FURTHER, That such regulations are not required to contain a penalty clause as provided in RCW 36.32.120 and may provide for wholly injunctive relief. An ordinance requiring a survey shall require that the survey be completed and filed with the application for approval of the short subdivision. (2) Cities, towns, and counties shall include in their short plat regulations and procedures pursuant to subsection (1) of this section provisions for considering sidewalks and other planning features that assure safe walking conditions for students who walk to and from school. [1990 1st ex.s. c 17 § 51; 1989 c 330 § 2; 1987 c 354 § 5; 1987 c 92 § 1; 1974 ex.s. c 134 § 3; 1969 ex.s. c 271 § 6.] Notes: Severability -- Part, section headings not law-- 1990 1st ex.s. c 17: See RCW 36.70A.900 and 36.70A.901. 58.17.065 Short plats and short subdivisions — Filing. Each short plat and short subdivision granted pursuant to local regulations after July 1, 1974, shall be filed with the county auditor and shall not be deemed "approved" until so filed. [1974 ex.s. c 134 § 12.] 58.17.070 Preliminary plat of subdivisions and dedications — Submission for approval — Procedure. A preliminary plat of proposed subdivisions and dedications of land shall be submitted for approval to the legislative body of the city, town, or county within which the plat is situated. Unless an applicant for preliminary plat approval requests otherwise, a preliminary plat shall be processed simultaneously with applications for rezones, variances, planned unit developments, site http://apps.leg.wa.gov/rcw/default.aspx?cite=58.17&full=true 2/10/2015 Chapter 58.17 RCW: PLATS SUBDIVISIONS—DEDICATIONS Page 9 of 26 plan approvals, and similar quasi-judicial or administrative actions to the extent that procedural requirements applicable to these actions permit simultaneous processing. [1981 c 293 § 4; 1969 ex.s. c 271 § 7.] Notes: Severability -- 1981 c 293: See note following RCW 58.17.010. 58.17.080 Filing of preliminary plat — Notice. Notice of the filing of a preliminary plat of a proposed subdivision adjacent to or within one mile of the municipal boundaries of a city or town, or which contemplates the use of any city or town utilities shall be given to the appropriate city or town authorities. Any notice required by this chapter shall include the hour and location of the hearing and a description of the property to be platted. Notice of the filing of a preliminary plat of a proposed subdivision located in a city or town and adjoining the municipal boundaries thereof shall be given to appropriate county officials. Notice of the filing of a preliminary plat of a proposed subdivision located adjacent to the right-of-way of a state highway or within two miles of the boundary of a state or municipal airport shall be given to the secretary of transportation. In the case of notification to the secretary of transportation, the secretary shall respond to the notifying authority within fifteen days of such notice as to the effect that the proposed subdivision will have on the state highway or the state or municipal airport. [1982 c 23 § 1; 1969 ex.s. c 271 § 8.] 58.17.090 Notice of public hearing. (1) Upon receipt of an application for preliminary plat approval the administrative officer charged by ordinance with responsibility for administration of regulations pertaining to platting and subdivisions shall provide public notice and set a date for a public hearing. Except as provided in RCW 36.70B.110, at a minimum, notice of the hearing shall be given in the following manner: (a) Notice shall be published not less than ten days prior to the hearing in a newspaper of general circulation within the county and a newspaper of general circulation in the area where the real property which is proposed to be subdivided is located; and (b) Special notice of the hearing shall be given to adjacent landowners by any other reasonable method local authorities deem necessary. Adjacent landowners are the owners of real property, as shown by the records of the county assessor, located within three hundred feet of any portion of the boundary of the proposed subdivision. If the owner of the real property which is proposed to be subdivided owns another parcel or parcels of real property which lie adjacent to the real property proposed to be subdivided, notice under this subsection (1)(b) shall be given to owners of real property located within three hundred feet of any portion of the boundaries of such adjacently located parcels of real property owned by the owner of the real property proposed to be subdivided. (2) All hearings shall be public. All hearing notices shall include a description of the location of the http://apps.leg.wa.gov/rcw/default.aspx?cite°58.17&full=true 2/10/2015 Chapter 58.17 RCW: PLATS SUBDIVISIONS—DEDICATIONS Page 10 of 26 proposed subdivision. The description may be in the form of either a vicinity location sketch or a written description other than a legal description. [1995 c 347 § 426; 1981 c 293 § 5; 1974 ex.s. c 134 § 4; 1969 ex.s. c 271 § 9.] Notes: i di g Severa ilit Part headi gs a d ta le of co te ts of law 1 5 c 7: See notes following RCW 36.70A.470. Severa flit 1 81 c 2 : See note following RCW 58.17.010. 58.17.092 Public notice — Identification of affected property. Any notice made under chapter 58.17 or 36.70B RCW that identifies affected property may identify this affected property without using a legal description of the property including, but not limited to, identification by an address, written description, vicinity sketch, or other reasonable means. [1995 c 347 § 427; 1988 c 168 § 12.] Notes: i di g Severa ilit Part headi gs a d ta le of co te ts of law 1 5 c 7: See notes following RCW 36.70A.470. 58.17.095 Ordinance may authorize administrative review of preliminary plat without public hearing. A county, city, or town may adopt an ordinance providing for the administrative review of a preliminary plat without a public hearing by adopting an ordinance providing for such administrative review. The ordinance may specify a threshold number of lots in a subdivision above which a public hearing must be held, and may specify other factors which necessitate the holding of a public hearing. The administrative review process shall include the following minimum conditions: (1) The notice requirements of RCW 58.17.090 shall be followed, except that the publication shall be made within ten days of the filing of the application. Additionally, at least ten days after the filing of the application notice both shall be: (a) Posted on or around the land proposed to be subdivided in at least five conspicuous places designed to attract public awareness of the proposal; and (b) mailed to the owner of each lot or parcel of property located within at least three hundred feet of the site. The applicant shall provide the county, city, or town with a list of such property owners and their addresses. The notice shall include notification that no public hearing will be held on the application, except as provided by this section. The notice shall set out the procedures and time limitations for persons to require a public hearing and make comments. (2) Any person shall have a period of twenty days from the date of the notice to comment upon the proposed preliminary plat. All comments received shall be provided to the applicant. The applicant has seven days from receipt of the comments to respond thereto. http://apps.leg.wa.gov/rew/default.aspx?cite=58.178cfull—true 2/10/2015 Chapter 58.17 RCW: PLATS SUBDIVISIONS—DEDICATIONS Page 11 of 26 (3)A public hearing on the proposed subdivision shall be held if any person files a request for a hearing with the county, city, or town within twenty-one days of the publishing of such notice. If such a hearing is requested, notice requirements for the public hearing shall be in conformance with RCW 58.17.090, and the ninety-day period for approval or disapproval of the proposed subdivision provided for in RCW 58.17.140 shall commence with the date of the filing of the request for a public hearing. Any hearing ordered under this subsection shall be conducted by the planning commission or hearings officer as required by county or city ordinance. (4) On its own initiative within twenty-one days of the filing of the request for approval of the subdivision, the governing body, or a designated employee or official, of the county, city, or town, shall be authorized to cause a public hearing to be held on the proposed subdivision within ninety days of the filing of the request for the subdivision. (5) If the public hearing is waived as provided in this section, the planning commission or planning agency shall complete the review of the proposed preliminary plat and transmit its recommendation to the legislative body as provided in RCW 58.17.100. [1986 c 233 § 1.] Notes: Applicability -- 1986 c 233: "This act does not affect the provisions of RCW 82.02.020." [1986 c 233 § 3.] 58.17.100 Review of preliminary plats by planning commission or agency— Recommendation — Change by legislative body— Procedure —Approval. If a city, town or county has established a planning commission or planning agency in accordance with state law or local charter, such commission or agency shall review all preliminary plats and make recommendations thereon to the city, town or county legislative body to assure conformance of the proposed subdivision to the general purposes of the comprehensive plan and to planning standards and specifications as adopted by the city, town or county. Reports of the planning commission or agency shall be advisory only: PROVIDED, That the legislative body of the city, town or county may, by ordinance, assign to such commission or agency, or any department official or group of officials, such administrative functions, powers and duties as may be appropriate, including the holding of hearings, and recommendations for approval or disapproval of preliminary plats of proposed subdivisions. Such recommendation shall be submitted to the legislative body not later than fourteen days following action by the hearing body. Upon receipt of the recommendation on any preliminary plat the legislative body shall at its next public meeting set the date for the public meeting where it shall consider the recommendations of the hearing body and may adopt or reject the recommendations of such hearing body based on the record established at the public hearing. If, after considering the matter at a public meeting, the legislative body deems a change in the planning commission's or planning agency's recommendation approving or disapproving any preliminary plat is necessary, the legislative body shall adopt its own recommendations and approve or disapprove the preliminary plat. Every decision or recommendation made under this section shall be in writing and shall include findings of fact and conclusions to support the decision or recommendation. A record of all public meetings and public hearings shall be kept by the appropriate city, town or http://apps.leg.wa.gov/rcw/default.aspx?cite°58.17&full=true 2/10/2015 Chapter 58.17 RCW: PLATS —SUBDIVISIONS —DEDICATIONS Page 12 of 26 county authority and shall be open to public inspection. Sole authority to approve final plats, and to adopt or amend platting ordinances shall reside in the legislative bodies. [1995 c 347 §428; 1981 c 293 § 6; 1969 ex.s. c 271 § 10.] Notes: Finding --Severability -- Part headings and table of contents not law -- 1995 c 347: See notes following RCW 36.70A.470. Severability -- 1981 c 293: See note following RCW 58.17.010. 58.17.110 Approval or disapproval of subdivision and dedication — Factors to be considered — Conditions for approval — Finding — Release from damages. (1) The city, town, or county legislative body shall inquire into the public use and interest proposed to be served by the establishment of the subdivision and dedication. It shall determine: (a) If appropriate provisions are made for, but not limited to, the public health, safety, and general welfare, for open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds, and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and (b) whether the public interest will be served by the subdivision and dedication. (2) A proposed subdivision and dedication shall not be approved unless the city, town, or county legislative body makes written findings that: (a)Appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and (b) the public use and interest will be served by the platting of such subdivision and dedication. If it finds that the proposed subdivision and dedication make such appropriate provisions and that the public use and interest will be served, then the legislative body shall approve the proposed subdivision and dedication. Dedication of land to any public body, provision of public improvements to serve the subdivision, and/or impact fees imposed under RCW 82.02.050 through 82.02.090 may be required as a condition of subdivision approval. Dedications shall be clearly shown on the final plat. No dedication, provision of public improvements, or impact fees imposed under RCW 82.02.050 through 82.02.090 shall be allowed that constitutes an unconstitutional taking of private property. The legislative body shall not as a condition to the approval of any subdivision require a release from damages to be procured from other property owners. (3) If the preliminary plat includes a dedication of a public park with an area of less than two acres and the donor has designated that the park be named in honor of a deceased individual of good character, the city, town, or county legislative body must adopt the designated name. [1995 c 32 § 3; 1990 1st ex.s. c 17 § 52; 1989 c 330 § 3; 1974 ex.s. c 134 § 5; 1969 ex.s. c 271 § 11.] Notes: http://apps.leg.wa.gov/rcw/default.aspx?cite=58.17&hill=true 2/10/2015 Chapter 58.17 RCW: PLATS SUBDIVISIONS DEDICATIONS Page 13 of 26 Severability -- Part, section headings not law-- 1990 1st ex.s. c 17: See RCW 36.70A.900 and 36.70A.901. 58.17.120 Disapproval due to flood, inundation or swamp conditions — Improvements —Approval conditions. The city, town, or county legislative body shall consider the physical characteristics of a proposed subdivision site and may disapprove a proposed plat because of flood, inundation, or swamp conditions. Construction of protective improvements may be required as a condition of approval, and such improvements shall be noted on the final plat. No plat shall be approved by any city, town, or county legislative authority covering any land situated in a flood control zone as provided in chapter 86,16 RCW without the prior written approval of the department of ecology of the state of Washington. [1974 ex.s. c 134 § 6; 1969 ex.s. c 271 § 12.] 58.17.130 Bond in lieu of actual construction of improvements prior to approval of final plat — Bond or security to assure successful operation of improvements. Local regulations shall provide that in lieu of the completion of the actual construction of any required improvements prior to the approval of a final plat, the city, town, or county legislative body may accept a bond, in an amount and with surety and conditions satisfactory to it, or other secure method, providing for and securing to the municipality the actual construction and installation of such improvements within a period specified by the city, town, or county legislative body and expressed in the bonds. In addition, local regulations may provide for methods of security, including the posting of a bond securing to the municipality the successful operation of improvements for an appropriate period of time up to two years after final approval. The municipality is hereby granted the power to enforce bonds authorized under this section by all appropriate legal and equitable remedies. Such local regulations may provide that the improvements such as structures, sewers, and water systems shall be designed and certified by or under the supervision of a registered civil engineer prior to the acceptance of such improvements. [1974 ex.s. c 134 § 7; 1969 ex.s. c 271 § 13.] 58.17.140 Time limitation for approval or disapproval of plats — Extensions. (1) Preliminary plats of any proposed subdivision and dedication shall be approved, disapproved, or returned to the applicant for modification or correction within ninety days from date of filing thereof unless the applicant consents to an extension of such time period or the ninety day limitation is extended to include up to twenty-one days as specified under RCW 58.17.095(3): PROVIDED, That if an environmental impact statement is required as provided in RCW 43.21C.030, the ninety day period shall not include the time spent preparing and circulating the environmental impact statement by the http://apps.leg.wa.gov/rcw/default.aspx?cite=58.17&full=true 2/10/2015 Chapter 58.17 RCW: PLATS—SUBDIVISIONS—DEDICATIONS Page 14 of 26 local gover e t age c . 2 i al plats a d short plats shall e approved disapproved or retur ed to the applica t withi thirt da s fro the date of g thereof u less the applica t co se ts to a exte sio of such ti e period. a Except as provided ofthis su sectio a fi al plat eeti g all re uire e ts ofthis chapter shall e su itted to the legislative od ofthe cit tow or cou t for approval withi seve ears ofthe date ofpreli i ar plat approval if the date ofpreli i ar plat approval is o or efore Dece er 1 201 a d withi five ears ofthe date ofpreli i ar plat approval if the date of preli i ar plat approval is o or after a uar 1 2015. A fi al plat eeti g all re uire e is of this chapter shall e su itted to the legislative od of the cit tow or cou t for approval withi to ears ofthe date ofpreli i ar plat approval ifthe pro ect is ot su ect to re uire e is adopted u der chapter 0.58 RCW a d the date ofpreli i ar plat approval is o or efore Dece er 1 2007. Nothi g co tai ed i this sectio shall act to preve t a cit tow or cou t fro adopti g ordi a ce procedures which would allow exte sio s ofti e that a or a ot co tai additio al or altered co ditio s a d re uire e ts. 201 c 16 1 2012 c 2 1 2010 c 7 1 I 5 c 68 l 1 86 c 2 2 1 8 c 121 1 81 c 2 7 1 7 ex.s. c 1 8 1 6 ex.s. c 271 1 . Notes: Applicability -- 1986 c 233: See ote followi g RCW 58.17.0 5. Severability -- 1981 c 293: See ote followi g RCW 58.17.010. 58.17.150 Recommendations of certain agencies to accompany plats submitted for final approval. Each preli i ar plat su itted for fi al approval ofthe legislative od shall e acco pa ied the followi g age cies reco e datio s for approval or disapproval: 1 Local health depart e t or other age c fur ishi g sewage disposal a d suppl i g water as to the ade uac ofthe proposed ea s of sewage disposal a d water suppl 2 Localpla i g age c or co issio charged with the respo si ilit ofreviewi g plats a d su divisio s as to co plia ce with all ter s ofthe preli i ar approval ofthe proposed plat su divisio ordedicatio Cit tow or cou t e gi eer. Except as provided i RCW 58.17.1 0 a age c or peroo issui g a reco e datio for su se ue t approval u der su sectio s 1 a d ofthis sectio shall ot odif the ter s of its reco e datio s without the co se t of the applica t. 1 S c 121 1 81 c 2 8 1 6 ex.s. c 271 15. http://apps.leg.wa.gov/rcw/default.aspx?cite=58.17&full=true 2/10/2015 Chapter 58.17 RCW: PLATS— SUBDIVISIONS—DEDICATIONS Page 15 of 26 Notes: Severability -- 1981 c 293: See ote followi g RCW 58.17.010. 58.17.155 Short subdivision adjacent to state highway— Notice to department of transportation. Whe ever a cit tow or cou t receives a applicatio for the approval of a short plat of a short su divisio that is located ad ace t to the right of wa ofa state highwa the respo si le ad i istrator shall give writte otice ofthe applicatio i cludi g a legaldescriptio ofthe short su divisio a d a locatio ap to the depart e t oftra sportatio . The depart e t shall withi fourtee da s after receivi g the otice su it to the respo si le ad i istrator who fur ished the otice a state e t with a i for atio that the depart e t dee s to e releva t a out the effect ofthe proposed short su divisio upo the legal access to the state highwa the traffic can i g capacit ofthe state highwa a d the safet ofthe users ofthe state highwa 1 8 c 7 1. 58.17.160 Requirements for each plat or replat filed for record. Each a d ever plat or replat ofa propert filed for record shall: 1 Co tai a state e t of approval fro the cit tow or cou t lice sed road e gi eer or a lice sed e gi eer acti g o ehalf of the cit tow or cou t as to the la out of streets alle s a d other rights of wa desig of ridges sewage a d water s ste s a d other structures 2 Be acco pa ied a co plete surve ofthe sectio or sectio s i which the plat or replat is located ade to surve i g sta dards adopted the divisio ofe gi eeri g services of the depart e t of atural resources pursua t to RCW 58.2 .0 0. 3 Be ac owledged the perso fili g the plat efore the auditor ofthe cou t i which the la d is located or a other officer who is authori ed law to to e ac owledg e t of deeds a d a certificate of said ac owledg e t shall e e closed or a exed to such plat a d recorded therewith. Co tai a certificatio fro the proper officer or officers i charge of tax collectio s that all taxes a d deli ue t assess e is for which the propert a e lia le as ofthe date of certificatio have ee dul paid satisfied or discharged. No e gi eer who is co ected i a wa with the su dividi g a d platti g of the la d for which su divisio approval is sought shall exa i ea d approve such plats o ehalf of a cit tow or cou t 1 85 c 1 1 6 ex.s. c 271 16. http://apps.leg.wa.gov/rcw/default.aspx?cite=58.17&full=true 2/10/2015 Chapter 58.17 RCW: PLATS— SUBDIVISIONS—DEDICATIONS Page 16 of 26 58.17.165 Certificate giving description and statement of owners must accompany final plat — Dedication, certificate requirements if plat contains —Waiver. Every final plat or short plat of a subdivision or short subdivision filed for record must contain a certificate giving a full and correct description of the lands divided as they appear on the plat or short plat, including a statement that the subdivision or short subdivision has been made with the free consent and in accordance with the desires of the owner or owners. If the plat or short plat is subject to a dedication, the certificate or a separate written instrument shall contain the dedication of all streets and other areas to the public, and individual or individuals, religious society or societies or to any corporation, public or private as shown on the plat or short plat and a waiver of all claims for damages against any governmental authority which may be occasioned to the adjacent land by the established construction, drainage and maintenance of said road. Said certificate or instrument of dedication shall be signed and acknowledged before a notary public by all parties having any ownership interest in the lands subdivided and recorded as part of the final plat. Every plat and short plat containing a dedication filed for record must be accompanied by a title report confirming that the title of the lands as described and shown on said plat is in the name of the owners signing the certificate or instrument of dedication. An offer of dedication may include a waiver of right of direct access to any street from any property, and if the dedication is accepted, any such waiver is effective. Such waiver may be required by local authorities as a condition of approval. Roads not dedicated to the public must be clearly marked on the face of the plat. Any dedication, donation or grant as shown on the face of the plat shall be considered to all intents and purposes, as a quitclaim deed to the said donee or donees, grantee or grantees for his, her or their use for the purpose intended by the donors or grantors as aforesaid. [1981 c 293 § 9; 1969 ex.s. c 271 § 30.] Notes: Severability -- 1981 c 293: See note following RCW 58.17.010. 58.17.170 Written approval of subdivision — Original of final plat to be filed — Copies — Periods of validity, governance. (1) When the legislative body of the city, town or county finds that the subdivision proposed for final plat approval conforms to all terms of the preliminary plat approval, and that said subdivision meets the requirements of this chapter, other applicable state laws, and any local ordinances adopted under this chapter which were in effect at the time of preliminary plat approval, it shall suitably inscribe and execute its written approval on the face of the plat. The original of said final plat shall be filed for record with the county auditor. One reproducible copy shall be furnished to the city, town or county engineer. One paper copy shall be filed with the county assessor. Paper copies shall be provided to such other agencies as may be required by ordinance. (2)(a) Except as provided by (b) of this subsection, any lots in a final plat filed for record shall be a valid land use notwithstanding any change in zoning laws for a period of seven years from the date of filing if the date of filing is on or before December 31, 2014, and for a period of five years from the date of filing if the date of filing is on or after January 1, 2015. http://apps.leg.wa.gov/rcw/default.aspx?cite=5 8.17&full°true 2/10/2015 Chapter 58.17 RCW: PLATS SUBDIVISIONS DEDICATIONS Page 17 of 26 (b) Any lots in a final plat filed for record shall be a valid land use notwithstanding any change in zoning laws for a period of ten years from the date of filing if the project is not subject to requirements adopted under chapter 90.58 RCW and the date of filing is on or before December 31, 2007. (3)(a) Except as provided by (b) of this subsection, a subdivision shall be governed by the terms of approval of the final plat, and the statutes, ordinances, and regulations in effect at the time of approval under RCW 58.17.150 (1) and (3) for a period of seven years after final plat approval if the date of final plat approval is on or before December 31, 2014, and for a period of five years after final plat approval if the date of final plat approval is on or after January 1, 2015, unless the legislative body finds that a change in conditions creates a serious threat to the public health or safety in the subdivision. (b) A subdivision shall be governed by the terms of approval of the final plat, and the statutes, ordinances, and regulations in effect at the time of approval under RCW 58.17.150 (1) and (3) for a period of ten years after final plat approval if the project is not subject to requirements adopted under chapter 90.58 RCW and the date of final plat approval is on or before December 31, 2007, unless the legislative body finds that a change in conditions creates a serious threat to the public health or safety in the subdivision. [2013 c 16 § 2; 2012 c 92 § 2; 2010 c 79 § 2; 1981 c 293 § 10; 1969 ex.s. c 271 § 17.] Notes: Severability -- 1981 c 293: See note following RCW 58.17.010. 58.17.180 Review of decision. Any decision approving or disapproving any plat shall be reviewable under chapter 36.70C RCW. [1995 c 347 § 717; 1983 c 121 § 5; 1969 ex.s. c 271 § 18.] Notes: Finding -- Severability -- Part headings and table of contents not law -- 1995 c 347: See notes following RCW 36.70A.470. 58.17.190 Approval of plat required before filing — Procedure when unapproved plat filed. The county auditor shall refuse to accept any plat for filing until approval of the plat has been given by the appropriate legislative body. Should a plat or dedication be filed without such approval, the prosecuting attorney of the county in which the plat is filed shall apply for a writ of mandate in the name of and on behalf of the legislative body required to approve same, directing the auditor and assessor to remove from their files or records the unapproved plat, or dedication of record. [1969 ex.s. c 271 § 19.] http://apps.leg.wa.gov/rcw/default.aspx?cite=5 8.17&full—true 2/10/2015 Chapter 58.17 RCW: PLATS SUBDIVISIONS— DEDICATIONS Page 18 of 26 58.17.195 Approval of plat or short plat —Written finding of conformity with applicable land use controls. No plat or short plat may be approved unless the city, town, or county makes a formal written finding of fact that the proposed subdivision or proposed short subdivision is in conformity with any applicable zoning ordinance or other land use controls which may exist. [1981 c 293 § 14.] Notes: Severability -- 1981 c 293: See note following RCW 58.17.010. 58.17.200 Injunctive action to restrain subdivision, sale, transfer of land where final plat not filed. Whenever any parcel of land is divided into five or more lots, tracts, or parcels of land and any person, firm or corporation or any agent of any of them sells or transfers, or offers or advertises for sale or transfer, any such lot, tract, or parcel without having a final plat of such subdivision filed for record, the prosecuting attorney shall commence an action to restrain and enjoin further subdivisions or sales, or transfers, or offers of sale or transfer and compel compliance with all provisions of this chapter. The costs of such action shall be taxed against the person, firm, corporation or agent selling or transferring the property. [1969 ex.s. c 271 § 20.] 58.17.205 Agreements to transfer land conditioned on final plat approval —Authorized. If performance of an offer or agreement to sell, lease, or otherwise transfer a lot, tract, or parcel of land following preliminary plat approval is expressly conditioned on the recording of the final plat containing the lot, tract, or parcel under this chapter, the offer or agreement is not subject to RCW 58.17.200 or 58.17.300 and does not violate any provision of this chapter. All payments on account of an offer or agreement conditioned as provided in this section shall be deposited in an escrow or other regulated trust account and no disbursement to sellers shall be permitted until the final plat is recorded. [1981 c 293 § 12.] Notes: Severability -- 1981 c 293: See note following RCW 58.17.010. http://apps.leg.wa.gov/rcw/default.aspx?cite=58.17&full=true 2/10/2015 Chapter 58.17 RCW: PLATS — SUBDIVISIONS—DEDICATIONS Page 19 of 26 58.17.210 Building, septic tank or other development permits not to be issued for land divided in violation of chapter or regulations — Exceptions — Damages — Rescission by purchaser. No building permit, septic tank permit, or other development permit, shall be issued for any lot, tract, or parcel of land divided in violation of this chapter or local regulations adopted pursuant thereto unless the authority authorized to issue such permit finds that the public interest will not be adversely affected thereby. The prohibition contained in this section shall not apply to an innocent purchaser for value without actual notice. All purchasers' or transferees' property shall comply with provisions of this chapter and each purchaser or transferee may recover his or her damages from any person, firm, corporation, or agent selling or transferring land in violation of this chapter or local regulations adopted pursuant thereto, including any amount reasonably spent as a result of inability to obtain any development permit and spent to conform to the requirements of this chapter as well as cost of investigation, suit, and reasonable attorneys' fees occasioned thereby. Such purchaser or transferee may as an alternative to conforming his or her property to these requirements, rescind the sale or transfer and recover costs of investigation, suit, and reasonable attorneys' fees occasioned thereby. [2010 c 8 § 18005; 1974 ex.s. c 134 § 10; 1969 ex.s. c 271 § 21.] 58.17.212 Vacation of subdivision — Procedure. Whenever any person is interested in the vacation of any subdivision or portion thereof, or any area designated or dedicated for public use, that person shall file an application for vacation with the legislative authority of the city, town, or county in which the subdivision is located. The application shall set forth the reasons for vacation and shall contain signatures of all parties having an ownership interest in that portion of the subdivision subject to vacation. If the subdivision is subject to restrictive covenants which were filed at the time of the approval of the subdivision, and the application for vacation would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the vacation of the subdivision or portion thereof. When the vacation application is specifically for a county road or city or town street, the procedures for road vacation or street vacation in chapter 36.87 or 35.79 RCW shall be utilized for the road or street vacation. When the application is for the vacation of the plat together with the roads and/or streets, the procedure for vacation in this section shall be used, but vacations of streets may not be made that are prohibited under*RCW 35.79.030, and vacations of roads may not be made that are prohibited under RCW 36.87.130. The legislative authority of the city, town, or county shall give notice as provided in RCW 58.17.080 and 58.17.090 and shall conduct a public hearing on the application for a vacation and may approve or deny the application for vacation of the subdivision after determining the public use and interest to be served by the vacation of the subdivision. If any portion of the land contained in the subdivision was dedicated to the public for public use or benefit, such land, if not deeded to the city, town, or county, shall be deeded to the city, town, or county unless the legislative authority shall set forth findings that the public use would not be served in retaining title to those lands. Title to the vacated property shall vest with the rightful owner as shown in the county records. If the vacated land is land that was dedicated to the public, for public use other than a road or street, and the legislative authority has found that retaining title to the land is not in the public interest, title thereto shall vest with the person or persons owning the property on each side thereof, as determined by the http://apps.leg.wa.gov/rcw/default.aspx?cite=58.17&full=true 2/10/2015 Chapter 58.17 RCW: PLATS SUBDIVISIONS— DEDICATIONS Page 20 of 26 legislative authority. When the road or street that is to be vacated was contained wholly within the subdivision and is part of the boundary of the subdivision, title to the vacated road or street shall vest with the owner or owners of property contained within the vacated subdivision. This section shall not be construed as applying to the vacation of any plat of state-granted tide or shore lands. 1987 c 354 3. Notes: Reviser s ote: After amendment by 1987 c 228 1, RCW 35.79.030 no longer prohibited vacations of streets. imitations on vacations of streets abutting bodies of water are now found in RCW 35.79.035. 58.17.215 Alteration of subdivision — Procedure. When any person is interested in the alteration of any subdivision or the altering of any portion thereof, except as provided in RCW 58.17.040 6 , that person shall submit an application to request the alteration to the legislative authority of the city, town, or county where the subdivision is located. The application shall contain the signatures of the majority of those persons having an ownership interest of lots, tracts, parcels, sites, or divisions in the subject subdivision or portion to be altered. If the subdivision is subject to restrictive covenants which were filed at the time of the approval of the subdivision, and the application for alteration would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the alteration of the subdivision or portion thereof. pon receipt of an application for alteration, the legislative body shall provide notice of the application to all owners of property within the subdivision, and as provided for in RCW 58.17.080 and 58.17.090. The notice shall either establish a date for a public hearing or provide that a hearing may be requested by a person receiving notice within fourteen days of receipt of the notice. The legislative body shall determine the public use and interest in the proposed alteration and may deny or approve the application for alteration. If any land within the alteration is part of an assessment district, any outstanding assessments shall be equitably divided and levied against the remaining lots, parcels, or tracts, or be levied equitably on the lots resulting from the alteration. If any land within the alteration contains a dedication to the general use of persons residing within the subdivision, such land may be altered and divided equitably between the adjacent properties. After approval of the alteration, the legislative body shall order the applicant to produce a revised drawing of the approved alteration of the final plat or short plat, which after signature of the legislative authority, shall be filed with the county auditor to become the lawful plat of the property. This section shall not be construed as applying to the alteration or replatting of any plat of state- granted tide or shore lands. 1987 c 354 4. http://apps.leg.wa.gov/rcw/default.aspx?cite=58.17&full=true 2/10/2015 Chapter 58.17 RCW: PLATS—SUBDIVISIONS—DEDICATIONS Page 21 of 26 58.17.217 Alteration or vacation of subdivision Conduct of hearing. Any hearing required by RCW 58.17.212, 58.17.215, or 58.17.060 may be administered by a hearings examiner as provided in RCW 58.17.330. [1987 c 354 § 7.] 58.17.218 Alteration of subdivision 0 asements by dedication. The alteration of a subdivision is subject to RCW 64.04.175. [1991 c 132 § 2.] 58.17.220 U iolation of court order or injunction Penalty. Any person who violates any court order or injunction issued pursuant to this chapter shall be subject to a fine of not more than five thousand dollars or imprisonment for not more than ninety days or both. [1969 ex.s. c 271 § 22.] 58.1 7.225 asement over public open space ] ay be exempt from RCW 58.17.215 earing otice. The granting of an easement for ingress and egress or utilities over public property that is held as open space pursuant to a subdivision or plat, where the open space is already used as a utility right-of-way or corridor, where other access is not feasible, and where the granting of the easement will not impair public access or authorize construction of physical barriers of any type, may be authorized and exempted from the requirements of RCW 58.17.215 by the county, city, or town legislative authority following a public hearing with notice to the property owners in the affected plat. [1995 c 32 § 1.] 58.17.230 Assurance of discontinuance of violations. http://apps.leg.wa.gov/rcw/default.aspx?cite=58.17&full=true 2/10/2015 1 In the enforcement of this chapter, the prosecuting attorney may accept an assurance of discontinuance of any act or practice deemed in violation of this chapter from any person engaging in, or who has engaged in such act or practice. Any such assurance shall be in writing and be filed with and sub ect to the approval of the superior court of the county in which the alleged violation occurs. A violation of such assurance shall constitute prima facie proof of a violation of this chapter. [1969 ex.s. c 271 § 23.] 58.17.240 Permanent control monuments. xcept for subdivisions excluded under the provisions of RCW 58.17.040, as now or hereafter amended, permanent control monuments shall be established at each and every controlling corner on the boundaries of the parcel of land being subdivided. The local authority shall determine the number and location of permanent control monuments within the plat, if any. [1974 ex.s. c 134 § 11; 1969 ex.s. c 271 § 24.] 58.17.250 Survey of subdivision and preparation of plat. The survey of the proposed subdivision and preparation of the plat shall be made by or under the supervision of a registered land surveyor who shall certify on the plat that it is a true and correct representation of the lands actually surveyed. [1969 ex.s. c 271 § 26.] 58.17.255 Survey discrepancy Disclosure. Whenever a survey of a proposed subdivision or short subdivision reveals a discrepancy, the discrepancy shall be noted on the face of the final plat or short plat. Any discrepancy shall be disclosed in a title report prepared by a title insurer and issued after the filing of the final plat or short plat. As used in this section, "discrepancy" means: (1) A boundary hiatus; (2) an overlapping boundary; or (3) a physical appurtenance, which indicates encroachment, lines of possession, or conflict of title. [1987 c 354 § 6.] 58.1 7.260 I ERROR: invalidfont OFFENDING COMMAND: xshow RCW 36.70C.040: Commencement of review— Land use petition—Procedure. Page 1 of 2 WASHINGTON STATE LEGISLATURE arch I Help I RCWs>Title 36> Chapter 36.70C > Section 36.70C.040 Inside the Legislature * Find Your Legislator « 36.700.040 » 36.7OC.O50 * Visiting the Legislature 36.700.030 * Agendas, Schedules and Calendars RCW 36.70C.040 * Bill Information Commencement of review — Land use petition — * Laws and Agency Rules * Legislative Committees Procedure. * Legislative Agencies * Legislative Information Center (1) Proceedings for review under this chapter shall be commenced by filing * E-mail Notifications a land use petition in superior court. * Civic Education * History of the State (2)A land use petition is barred, and the court may not grant review, Legislature unless the petition is timely filed with the court and timely served on the Outside the Legislature following persons who shall be parties to the review of the land use petition: * Congress-the Other (a) The local jurisdiction, which for purposes of the petition shall be the Washington jurisdiction's corporate entity and not an individual decision maker or * TVW department; * Washington Courts * OFM Fiscal Note Website (b) Each of the following persons if the person is not the petitioner: Access j1LWashingtonm (i) Each person identified by name and address in the local jurisdiction's or2isi s�,w ae-...nm.m w.wa. written decision as an applicant for the permit or approval at issue; and (ii) Each person identified by name and address in the local jurisdiction's written decision as an owner of the property at issue; (c) If no person is identified in a written decision as provided in (b) of this subsection, each person identified by name and address as a taxpayer for the property at issue in the records of the county assessor, based upon the description of the property in the application; and (d) Each person named in the written decision who filed an appeal to a local jurisdiction quasi-judicial decision maker regarding the land use decision at issue, unless the person has abandoned the appeal or the person's claims were dismissed before the quasi-judicial decision was rendered. Persons who later intervened or joined in the appeal are not required to be made parties under this subsection. (3) The petition is timely if it is filed and served on all parties listed in subsection (2) of this section within twenty-one days of the issuance of the land use decision. (4) For the purposes of this section, the date on which a land use decision is issued is: (a) Three days after a written decision is mailed by the local jurisdiction http://app.leg.wa.gov/rcw/default.aspx?cite=36.70C.040 12/17/2014 RCW 36.70C.040: Commencement of review Land use petition—Procedure. Page 2 of 2 or, if not mailed, the date on which the local jurisdiction provides notice that a written decision is publicly available; (b) If the land use decision is made by ordinance or resolution by a legislative body sitting in a quasi-judicial capacity, the date the body passes the ordinance or resolution; or (c) If neither (a) nor(b) of this subsection applies, the date the decision is entered into the public record. (5) Service on the local jurisdiction must be by delivery of a copy of the petition to the persons identified by or pursuant to RCW 4.28.080 to receive service of process. Service on other parties must be in accordance with the superior court civil rules or by first-class mail to: (a) The address stated in the written decision of the local jurisdiction for each person made a party under subsection (2)(b) of this section; (b) The address stated in the records of the county assessor for each person made a party under subsection (2)(c) of this section; and (c) The address stated in the appeal to the quasi-judicial decision maker for each person made a party under subsection (2)(d) of this section. (6) Service by mail is effective on the date of mailing and proof of service shall be by affidavit or declaration under penalty of perjury. [1995 c 347 § 705.] http://app.leg.wa.gov/rew/default.aspx?cite=36.70C.040 12/17/2014 RCW 58.17.020 Definitions. As used in this chapter, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings. (1) "Subdivision" is the division or redivision of land into five or more lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership, except as provided in subsection (6) of this section. (2) Plat is a map or representation of a subdivision, showing thereon the division of a tract or parcel of land into lots, blocks, streets and alleys, or other divisions and dedications. (3) "Dedication" is the deliberate appropriation of land by an owner for any general and public uses, reserving to himself or herself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. The intention to dedicate shall be evidenced by the owner by the presentment for filing of a final plat or short plat showing the dedication thereon; and, the acceptance by the public shall be evidenced by the approval of such plat for filing by the appropriate governmental unit. A dedication of an area of less than two acres for use as a public park may include a designation of a name for the park, in honor of a deceased individual of good character. (4) "Preliminary plat" is a neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks, and other elements of a subdivision consistent with the requirements of this chapter. The preliminary plat shall be the basis for the approval or disapproval of the general layout of a subdivision. (5) "Final plat" is the final drawing of the subdivision and dedication prepared for filing for record with the county auditor and containing all elements and requirements set forth in this chapter and in local regulations adopted under this chapter. (6) "Short subdivision" is the division or redivision of land into four or fewer lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership. However, the legislative authority of any city or town may by local ordinance increase the number of lots, tracts, or parcels to be regulated as short subdivisions to a maximum of nine. The legislative authority of any county planning under RCW 36.70A.040 that has adopted a comprehensive plan and development regulations in compliance with chapter 36.70A RCW may by ordinance increase the number of lots, tracts, or parcels to be regulated as short subdivisions to a maximum of nine in any urban growth area. (7) "Binding site plan" means a drawing to a scale specified by local ordinance which: (a) Identifies and shows the areas and locations of all streets, roads, improvements, utilities, open spaces, and any other matters specified by local regulations; (b) contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as are established by the local government body having authority to approve the site plan; and (c) contains provisions making any development be in conformity with the site plan. (8) "Short plat" is the map or representation of a short subdivision. • (9) "Lot" is a fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area. The term shall include tracts or parcels. (10) "Block" is a group of lots, tracts, or parcels within well defined and fixed boundaries. (11) "County treasurer" shall be as defined in chapter 36.29 RCW or the office or person assigned such duties under a county charter. (12) "County auditor" shall be as defined in chapter 36.22 RCW or the office or person assigned such duties under a county charter. (13) "County road engineer" shall be as defined in chapter 36.40 RCW or the office or person assigned such duties under a county charter. (14) "Planning commission" means that body as defined in chapter 36.70, 35.63, or 35A.63 RCW as designated by the legislative body to perform a planning function or that body assigned such duties and responsibilities under a city or county charter. (15) "County commissioner" shall be as defined in chapter 36.32 RCW or the body assigned such duties under a county charter. RCW 58.17.020 Definitions. As used in this chapter, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings. (1) "Subdivision" is the division or redivision of land into five or more lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership, except as provided in subsection (6) of this section. (2) "Plat" is a map or representation of a subdivision, showing thereon the division of a tract or parcel of land into lots, blocks, streets and alleys, or other divisions and dedications. (3) "Dedication" is the deliberate appropriation of land by an owner for any general and public uses, reserving to himself or herself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. The intention to dedicate shall be evidenced by the owner by the presentment for filing of a final plat or short plat showing the dedication thereon; and, the acceptance by the public shall be evidenced by the approval of such plat for filing by the appropriate governmental unit. A dedication of an area of less than two acres for use as a public park may include a designation of a name for the park, in honor of a deceased individual of good character. (4) "Preliminary plat" is a neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks, and other elements of a subdivision consistent with the requirements of this chapter. The preliminary plat shall be the basis for the approval or disapproval of the general layout of a subdivision. (5) "Final plat" is the final drawing of the subdivision and dedication prepared for filing for record with the county auditor and containing all elements and requirements set forth in this chapter and in local regulations adopted under this chapter. (6) "Short subdivision" is the division or redivision of land into four or fewer lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership. However, the legislative authority of any city or town may by local ordinance increase the number of lots, tracts, or parcels to be regulated as short subdivisions to a maximum of nine. The legislative authority of any county planning under RCW 36,70A.040 that has adopted a comprehensive plan and development regulations in compliance with chapter 36.70A RCW may by ordinance increase the number of lots, tracts, or parcels to be regulated as short subdivisions to a maximum of nine in any urban growth area. (7) "Binding site plan" means a drawing to a scale specified by local ordinance which: (a) Identifies and shows the areas and locations of all streets, roads, improvements, utilities, open spaces, and any other matters specified by local regulations; (b) contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as are established by the local government body having authority to approve the site plan; and (c) contains provisions making any development be in conformity with the site plan. (8) "Short plat" is the map or representation of a short subdivision. (9) "Lot" is a fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area. The term shall include tracts or parcels. (10) "Block" is a group of lots, tracts, or parcels within well defined and fixed boundaries. (11) "County treasurer" shall be as defined in chapter 36.29 RCW or the office or person assigned such duties under a county charter. (12) "County auditor" shall be as defined in chapter 36.22 RCW or the office or person assigned such duties under a county charter. (13) "County road engineer" shall be as defined in chapter 36.40 RCW or the office or person assigned such duties under a county charter. (14) "Planning commission" means that body as defined in chapter 36.70, 35,63, or 35A.63 RCW as designated by the legislative body to perform a planning function or that body assigned such duties and responsibilities under a city or county charter. (15) "County commissioner" shall be as defined in chapter 36.32 RCW or the body assigned such duties under a county charter. „soN coy JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street, Port Townsend,WA 98368 I Web:www.co.jefferson.wa.us/communitydevelopment ”. Tel:360,379.4450 I Fax:360.379.4451 I Email:dcd @co.jefferson.wa.us RING 0 SquareoNE Resource Center I Building Permits 8 Inspections I Development Review I Long Range Planning May 015 C (p ejA 5 6( Lean Voetberg VU ULL J y J l u t; ' Maridel Voetberg --(A C 214 Widgeon Hill Road -(6A)/ Chehalis, WA 98532 John Dowd Dalila Dowd P.O. Box 142 Brinnon, WA 98320 Re: Case Number: MLA14-00088/SUB14-00014 Boundary Line Adjustment Dear Mr. and Mrs. Voetberg, and Mr. and Mrs. Dowd, The boundary line adjustment application (SUB14-00014) as submitted on October 22, 2014 is hereby denied based on the below-fees: -fi dtu5-5 1. On November 19, 2014, initial contact regarding the criteria conflict of the proposal not involving abutting parcels was made by DCD to the applicant. After sometime of research and discussion, on January 22, 2015 the applicants made the decision to move forward with the proposal without any revisions or additional information submitted to resolve the criteria conflict seen by DCD. 2. On April 11, 2015 Sherrie Shold from the Assessor's Office commented as follows: "This transaction was first identified as a possible sub-division violation with a letter sent to the parties on 12/19/2013. I did received acknowledgment of the letter from Mr. Voetberg on 12/26/2013 that he was contacting DCD. Although I can understand the reasoning for the transaction, I do not see how this transaction can be a BLA if the parcels are not contiguous with BLA requirements of today. The definition of a BLA is to adjust common boundaries between parcels. The parcel being deeded is not only approximately 250' from the subject additional parcel; another ownership, State Highway 101 and a secondary road also separate it. In researching the parcel, I discovered Mr. Voetberg completed a BLA in 1996 consolidating his non- contiguous parcel South of Highway 101 (Tax 9) with his parcel North of Highway 101(Tax15). BLA requirements of 1996 were quite different than they are today; but this may explain why the parties thought this was possible." / p 3. On February 24, 2015 Pat Perryman from the Assessor's Office commented as follows: l(7���t I "After reviewing this proposed action, I have the following comment(s):`C�—-----------/ Finally, this proposed Boundary Line Adjustment is not adjacent to the parcel that would be attached to. The existing parcel and the proposed addition to the existing parcel are split by the State Highway, a private road and a part of a parcel of property that is not involved in this proposed action. (It might be possible, since the purpose of this is related to the drainfield, to not actually "touch" the property owned by Phillip Stevens.)" 4. This proposal is not consistent with WAC 458-61A-109(2)(a) whereas, "a boundary line adjustment is a legal method to make minor changes to existing property lines between two or more contiguous parcels." This proposal specifically is not consistent with WAC 458-61A-109(2)(a), as the proposed parcels are not contiguous. The Merriam-Webster Dictionary defines contiguous as: 1: being in actual contact: touching along a boundary or at a point 2: of angles: adjacent 2 3: next or near in time or sequence 4: touching or connected throughout in an unbroken sequence 5. The purpose of Jefferson County Code 18.35, is to regulate the division of land in accordance with the standards established by the state of Washington and Jefferson County. JCC 18.35.030(2) states that "Property boundary lines separating two or more lots of record may be adjusted only under the specific provisions set forth in this chapter." 6. This proposal does not meet the conditions as set forth in the required Statement of Intent in JCC 18.35.080(4) as follows: "This recording is for the purpose of assisting with a boundary line adjustment pursuant to RCW 58.17.040(6). It does not create any additional lots, tracts, parcels, or a division as the land described hereon shall merge or be integrated into abutting property presently owned by the proponents. Nor does the boundary line adjustment result in any lots, tract, parcels or division which contain insufficient area and dimension to meet minimum county and sanitation requirements for width and area for building site." The proposal specifically does not satisfy the requirement of abutting property. Jefferson County Code 18.10.010 defines abutting as follows, "means adjoining with a common boundary line or any portion thereof."Therefore, the Statement of Intent for this proposal cannot be approved. 7. Therefore, approval of this proposal is not possible as it would be a sub-division violation per Washington State Regulation and does not meet requirements of JCC 18.35. The submitted boundary line adjustment application is a Type I permit per Table 8-1 i• - :.40. Table 8-2 i JCC 18.40 allo _s a j icial appeal process only for all Type I applications JCC 18.40.260 sta es: Th administrator may approve, approve with conditions, or den y (wit or without prejudice) all Type I permit applications which are categorically exempt from SEPA without notice (see Tables 8-1 and 8-2 in JC• 18.40.080(2)). Type I permit applications which are not categorically exempt from SEPA shall be subject to the notice of application and comment period provisions of JCC 18.40.150 through 18.40.220, and the SEPA notice requirements of Article X of this chapter. The administrator's decision u is section shall be final •1 •- data issued and may not be appealed to the hearing examiner.JJCC 18.40.340 firer addresses judicial appeals which allows this application as denied, to be appealed to Jefferson County Superior Court within twenty-one (21) calendar days of the date of issuance of the land use decision. (Vt. 5 kit ?DC Administrator S S� C( Jefferson County Department of Community Development t A.e �(f� I v Cc: File MLA14-00088 ✓ 7 0 JEFFERSON COUNTY NOTICE OF TYPE I LAND USE DECISION May 1, 2015 The Jefferson County Administrator has submitted his written Findings, Conclusions, and DECISION regarding the following application: MLA14-00088 Applicant: LEON V VOETBERG Parcel: 502104006 MARIDEL V VOETBERG 214 WIDGEON HILL RD CHEHALIS WA 98532 Project Description: Boundary line adjustment between parcel numbers 502104023 and 502104006. Project Location: Parcel Numbers: 502 104 023 and 502 104 006; Section: 10, Township: 25, Range: 2W; Site Addresses: 308766 and 308713 Highway 101, Brinnon, WA 98320. For the above project, the Administrator has: Denied the Application A copy of the Administrator's report and decision is attached for information. Appeals of this decision must be made as outlined in the attached instruction sheet. Judicial Appeals: a. Time to File Judicial Appeal. The applicant or any aggrieved party may appeal from the final decision of the Administrator, Hearing Examiner, Appellate Hearing Examiner or any other final decisions as specifically authorized to the Jefferson County Superior Court within twenty-one (21) calendar days of the date of the issuance of the land use decision, as defined by the Land Use Petition Act, Chapter 36.70C.040(4), unless another time period is established by superseding state law or local ordinance. All appellants must timely exhaust all administrative remedies prior to filing a judicial appeal. b. Service of Appeal. Notice of appeal and any other pleadings required to be filed with the court shall be served by delivery to the County Auditor (see RCW 4.28.080), and all persons identified in RCW 36.70C.040, within the applicable time period. This requirement is jurisdictional. c. Cost of Appeal. The appellant shall be responsible for the cost of transcribing and preparing all records ordered certified by the court or desired by the appellant for the appeal. Prior to the preparation of any records, the appellant shall post an advance fee deposit in an amount specified by the County Auditor with the County Auditor. Any overage will be promptly returned to the appellant. d. Land Use Petition Act. The Land Use Petition Act, 36.70C RCW shall govern judicial review of land use decisions. \\tidemark\data\forms\F_MLT_Dec_Ntc_Denial.rpt 5/1/2015 JEFFERSON COUNTY DEPARTMENT OF COMMUNITY �.1 DEVELOPMENT " 621 Sheridan Street, Port Townsend,WA 98368 j Web:www.co.Jefferson.wa.uslcommunitydevelopment Tel: 360.379.4450 I Fax:360.379.4451 I Email:dcd a7co.jefferson.wa.us SquareONE Resource Center I Building Permits&Inspections I Development Review I Long Range Planning February 13, 2015 Dear Reviewer, C poc a S J 1.�.rri t RE: MLA14-00088 Jefferson County has forwarded the attached application to you for review and comment because your agency is responsible for determining compliance with state and federal requirements or may otherwise be affected by the following proposal: Boundary Line Adjustment between parcel number 502104023 and 502104006. Location: Parcel Numbers: 502 104 023 and 502 104 006; Section: 10, Township: 25, Range: 2W; Site Addresses: 308766 and 308713 Highway 101, Brinnon, WA 98320. Comments must be received within fourteen (14) calendar days or by February 27, 2015. If no written response has been received within fourteen (14) days, your agency will be presumed to have no comments. If necessary, the UDC administrator may grant an extension of time for comment. Please contact at(360)379-4450 if you desire an extension of time or have additional questions regarding this proposal. Thank you in advance for your attention to this matter. Sincerely, Anna Bausher Anna Bausher cc:, 11 tidemark\data Worms\F_MLT_ReviewerLtr.rpt 2/13/2015 Anna Bausher From: Leon Voetberg<Ioetberg @gmail.com> Sent: Thursday, December 04, 2014 10:53 AM To: Anna Bausher Subject: Fwd: prop.line addjustment Begin forwarded message: From: Leon Voetberg<Ivoetberq(a gmail.com> Date: December 4,2014 10:40:11 AM PST To:abausher co.lefferson.wa.us Subject: Fwd:prop.Iine addjustment Begin forwarded message: From: Leon Voetberg<IvoetbercOamail.com> Date: December 4,2014 10:20:51 AM PST To:abausheranco.ieferson.wa.us Subject: prop.Iine addjustment Ann Bausher, I received your letter a couple days ago. It took a while to get here as we are in So. Ca. for the winter. When we started this proses three years ago Michelle who was in the office at that time checked with her boss and assured me this could be done The reason this has drug on so long is my surveyor took so long.You say properties must but against each other but we have already done a property line adjust across highway 101 in the past. Being down here I do not have the paper work with me. At that time we owned Home Port Marina in Pleasant Harbor and we tied 1.3 acres across the highway to the marina property.The rest of the things you ask for have already been done and recorded. The property is for drain field only which has been there for 30 yrs. already.As far as tied together it could be said it already is with a line running from Dowds house to the prop. John Dowd is the recipient of this transfer and has done the most resent leg work on this so it would be best if you contact him for the latest information. I do know he has spent many hours, dollars and miles to do this the right way. I know he has been working with someone the county office already and was told the only so he thing left was to post a notice in the paper. So he assumed for the most part it was done. I will forward your letter to John. Leon Voetberg Ps John Dowds phone#360 796 4001 1 Anna Bausher From: Leon Voetberg <loetberg @gmail.com> Sent: Friday, December 05, 2014 7:32 PM To: Anna Bausher Subject: Re: prop.line addjustment Anna, you need to reread my letter. We are in Calf and do not plan on being north till next spring.Contact John Dowd. 360 796 4001 he is the one you need to talk to. Leon On Dec 5, 2014, at 4:27 PM,Anna Bausher wrote: Hello Leon, I am going to look further into the options for your application and discuss them with my manager. I will contact you at the beginning of next week to provide any additional information and clarify my requests in the letter you received from me. Sincerely, Anna Bausher Assistant Planner-DCD Phone 360-379-4454 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 RCW 42.56.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 this e-mail unless it is also exempt from production to the requester according to state law,including RCW 42.56 and other state laws. From: Leon Voetberg (mailto:lvoetberg(a)gmail.com] Sent:Thursday, December 04, 2014 10:53 AM To:Anna Bausher Subject: Fwd: prop.line addjustment Begin forwarded message: From: Leon Voetberg<Ivoetberq(a gmail.com> Date: December 4,2014 10:40:11 AM PST To:abausheranco.Iefferson.wa.us Subject: Fwd: prop.line addjustment Begin forwarded message: t From: Leon Voetberg<Ivoetberqagmail.com> Date: December 4,2014 10:20:51 AM PST To: abausher(fto.leferson.wa.us Subject: prop.line addjustment Ann Bausher, I received your letter a couple days ago. It took a while to get here as we are in So. Ca. for the winter. When we started this proses three years ago Michelle who was in the office at that time checked with her boss and assured me this could be done The reason this has drug on so long is my surveyor took so long.You say properties must but against each other but we have already done a property line adjust across highway 101 in the past. Being down here I do not have the paper work with me. At that time we owned Home Port Marina in Pleasant Harbor and we tied 1.3 acres across the highway to the marina property.The rest of the things you ask for have already been done and recorded. The property is for drain field only which has been there for 30 yrs. already.As far as tied together it could be said it already is with a line running from Dowds house to the prop. John Dowd is the recipient of this transfer and has done the most resent leg work on this so it would be best if you contact him for the latest information. I do know he has spent many hours, dollars and miles to do this the right way. I know he has been working with someone the county office already and was told the only so he thing left was to post a notice in the paper. So he assumed for the most part it was done. I will forward your letter to John. Leon Voetberg Ps John Dowds phone#360 796 4001 2 Anna Bausher From: JD Dowd <dowdjd @yahoo.com> Sent: Wednesday, December 17, 2014 11:37 AM To: Anna Bausher Subject: Re: MLA14-00088 Maps Hello Anna, Have you had a chance to research the appeal process, yet? We would also appreciate if you would include any fees associated with that process, as we would like to proceed,but need to know the costs,if any. Thank you. John Dowd On Thursday, December 11, 2014 11:43 AM, Anna Bausher<ABausher @co.jefferson.wa.us>wrote: Hello John, I have attached the Assessors quarter section maps that we discussed on the phone yesterday. Parcel # 502104006 is split between two quarter section maps so you need to both maps to see the whole parcel. I also included a copy of the aerial jmap for the parcels. From viewing these maps, DCD believes that the parcels are not abutting per the definition of abutting within the Jefferson County Code. The definition of abutting in JJC 18.10.010"means adjoining with a common boundary line or any portion thereof."Here is the hyperlink to the Jefferson County Code from the County website: http://www.codepublishing.com/WA/JeffersonCounty/ Chapter 18.35 Land Division and Chapter 18.40 Permit Application and Review Procedures/SEPA Implementation are the two chapters which contain the information that we discussed on the phone yesterday. I wanted to provide you with these maps per our phone conversation yesterday, although I am still researching the information regarding the appeal process and will contact you again with that information within the next couple of days. Sincerely, Anna Bausher Assistant Planner,Jefferson County Department of Community Development 621 Sheridan Street * Port Townsend, WA 98368 Phone 360-379-4454 * Fax 360-379-4451 abausher@co.jefferson.wa.us 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 RCW 42.56. 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 this e-mail unless it is also exempt from production to the requester according to state law, including RCW 42.56 and other state laws. t Anna Bausher From: JD Dowd <dowdjd @yahoo.com> Sent: Monday, December 29, 2014 1:45 PM To: Anna Bausher Subject: Re: MLA14-00088 Maps Anna, Thanks for your response. Wishing you and staff a happy new year. John Dowd On Friday, December 19, 2014 9:55 AM, Anna Bausher<ABausher @co.jefferson.wa.us>wrote: Hello John, I apologize that I have not replied to you quicker. After the New Year is when I expect that DCD will be able to complete our research and provide you with the appeal process.I know that you are anxious to proceed and I appreciate your patience as DCD is working as quickly as possible under our limitations of being short staffed. Sincerely, Anna Bausher Assistant Planner-DCD Phone 360-379-4454 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 RCW 42.56.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 this e-mail unless it is also exempt from production to the requester according to state law,including RCW 42.56 and other state laws. From: JD Dowd [mailto:dowdjd @yahoo.com] Sent: Wednesday,December 17,2014 11:37 AM To: Anna Bausher Subject: Re: MLA14-00088 Maps Hello Anna, Have you had a chance to research the appeal process, yet? We would also appreciate if you would include any fees associated with that process, as we would like to proceed,but need to know the costs,if any. Thank you. John Dowd On Thursday,December 11,2014 11:43 AM,Anna Bausher<ABausher(adco.iefferson.wa.us>wrote: Hello John, 1 I have attached the Assessors quarter section maps that we discussed on the phone yesterday. Parcel # 502104006 is split between two quarter section maps so you need to both maps to see the whole parcel. I also included a copy of the aerial jmap for the parcels. From viewing these maps, DCD believes that the parcels are not abutting per the definition of abutting within the Jefferson County Code. The definition of abutting in JJC 18.10.010"means adjoining with a common boundary line or any portion thereof."Here is the hyperlink to the Jefferson County Code from the County website: http://www.codepublishing.com/WA/JeffersonCounty/ Chapter 18.35 Land Division and Chapter 18.40 Permit Application and Review Procedures/SEPA Implementation are the two chapters which contain the information that we discussed on the phone yesterday. I wanted to provide you with these maps per our phone conversation yesterday, although I am still researching the information regarding the appeal process and will contact you again with that information within the next couple of days. Sincerely, Anna Bausher Assistant Planner,Jefferson County Department of Community Development 621 Sheridan Street * Port Townsend,WA 98368 Phone 360-379-4454 * Fax 360-379-4451 abaushernco.i efferson.wa.us 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 RCW 42.56. 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 this e-mail unless it is also exempt from production to the requester according to state law,including RCW 42.56 and other state laws. 2 Anna Bausher From: JD Dowd <dowdjd©yahoo.com> Sent: Friday, January 16, 2015 8:52 PM To: Anna Bausher Subject: Dowd request Hello Anna, We stopped by the DCD office in Port Townsend today and saw that it is closed on Fridays. We were hoping to find out if you were able to get any more information for us to move ahead on our appeal process. Your last communication to us was that your department would resume studying our request for a boundry line adjustment after the holidays. We understand that your office is short-staffed and that it might take longer to process our request(s), but we don't want our opportunity for an appeal to expire through no fault of our own, as we have tried to pursue this issue through proper measures. Thank you for your assistance. John and Dalila Dowd 1 Anna Bausher From: JD Dowd <dowdjd @yahoo.com> Sent: Wednesday, January 21, 2015 4:28 PM To: Anna Bausher Subject: Re: MLA14-00088 Thank you,Anna. Sent from Yahoo Mail on Android From:Anna Bausher<ABausher @co.jefferson.wa.us>; To:JD Dowd<dowdjd @yahoo.com>; Cc: Leon Voetberg<Ioetberg @gmail.com>; Subject: MLA14-00088 Sent:Wed,Jan 21,2015 10:55:15 PM Good afternoon, Please see the attached letter per our phone conversation yesterday. Sincerely, Anna Bausher Assistant Planner, Jefferson County Department of Community Development 621 Sheridan Street * Port Townsend,WA 98368 Phone 360-379-4454 * Fax 360-379-4451 abausher(a,co.i efferson.wa.us 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 RCW 42.56. 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 this e-mail unless it is also exempt from production to the requester according to state law, including RCW 42.56 and other state laws. 1 Anna Bausher From: JD Dowd<dowdjd @yahoo.com> Sent: Wednesday, January 21, 2015 5:06 PM To: Anna Bausher Subject: Re: MLA14-00088 Anna, Please note the date on your(emailed) attached letter dated January 21, 2014; should be 2015. Thank you for your response to our phone request when you called yesterday. We will review the information in the letter and respond. John and Dalila Dowd On Wednesday, January 21, 2015 4:27 PM, JD Dowd <dowdjd @yahoo.com>wrote: Thank you,Anna. Sent from Yahoo Mail on Android From:Anna Bausher<ABausher@co.jefferson.wa.us>; To:JD Dowd<dowdjd @yahoo.com>; Cc: Leon Voetberg<loetberg @gmail.com>; Subject: MLA14-00088 Sent: Wed,Jan 21,2015 10:55:15 PM Good afternoon, Please see the attached letter per our phone conversation yesterday. Sincerely, Anna Bausher Assistant Planner,Jefferson County Department of Community Development 621 Sheridan Street * Port Townsend, WA 98368 Phone 360-379-4454 * Fax 360-379-4451 ab aus hcr(&,co.l effe rs on.wa.0 s 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 RCW 42.56. 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 this e-mail unless it is also exempt from production to the requester according to state law, including RCW 42.56 and other state laws. 1 Anna Bausher From: JD Dowd<dowdjd @yahoo.com> Sent: Thursday, January 22, 2015 1:40 PM To: Anna Bausher Subject: Re: MLA14-00088 Please move forward with processing our permit. If the decision is made to deny the permit,we want to move forward with the appeal process. Thank you, John and Dalila Dowd On Wednesday, January 21, 2015 5:06 PM, JD Dowd <dowdjd @yahoo.com>wrote: Anna, Please note the date on your(emailed) attached letter dated January 21, 2014; should be 2015. Thank you for your response to our phone request when you called yesterday. We will review the information in the letter and respond. John and Dalila Dowd On Wednesday, January 21, 2015 4:27 PM, JD Dowd <dowdjd @yahoo.com>wrote: Thank you,Anna. Sent from Yahoo Mail on Android From: Anna Bausher<ABausher @co jefferson.wa.us>; To: JD Dowd<dowdjd @yahoo.com>; Cc: Leon Voetberg<loetberg @gmail.com>; Subject:MLA14-00088 Sent: Wed,Jan 21,2015 10:55:15 PM Good afternoon, Please see the attached letter per our phone conversation yesterday. Sincerely, Anna Bausher Assistant Planner,Jefferson County Department of Community Development 621 Sheridan Street * Port Townsend, WA 98368 Phone 360-379-4454 * Fax 360-379-4451 abausher a,co.jefferson.wa.us 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 RCW 42.56. 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 this e-mail 1 unless it is also exempt from production to the requester according to state law, including RCW 42.56 and other state laws. it 2 • Parcel Details Page I of 2 Jefferson County tI "..! Weather Station � Database Tools Maps 0/4'Webcarn Home County Info Departments Search Parcel Number: 502104006 SEARCH Parcel Number: 502104006 Printer Friendly Owner Mailing Address: JOHN DOWD DALILA DOWD PO BOX 142 BRINNON WA98320-0142 IFIL\ _I t •l Site Address: 308713 HIGHWAY 101 BRINNON 98320 Section: 10 School District: Brinnon (46) Qtr Section: SE1/4 Fire Dist: Brinnon (4) Township: 25N Tax Status: Taxable Range: 2W Tax Code: 0441 Planning area: Brinnon (11) Sub Division: Assessor's Land Use Code: 1100 - Residential - Single Unit Property Description: S10 T25 R2W GOV LOT 3(W TX 9 & S OF ST PK RD) ENLG BY TX 48 &TL TX B-5/SEC 15 TX 38 W/TL ABT &TL TAX A-3 Tax, A/V, Sales, Photos, and Permit Data Bldg Data Map Parcel Plats&Surveys Septic Monitoring Info Jefferson County HOME I COUNTY INFO I DEPARTMENTS I SEARCH Best viewed with Microsoft Internet Explorer 6.0 or later 46 Windows - Mac • Parcel Details Page 1 of 2 Jefferson C Home County Info Departments Search Parcel Number: 502104023 SEARCH Parcel Number: 502104023 Printer Friendly Owner Mailing Address: LEON V VOETBERG 214 WIDGEON L V HILL � \ - ?Ice).) 214 WION HILL RD L CHEHALIS WA98532 Site Address: 308766 HIGHWAY 101 BRINNON 98320 Section: 10 School Disbict: Brinnon (46) Qtr Section: SE1/4 Fire Dist: Brinnon (4) Township: 25N Tax Status: Taxable Range: 2W Tax Code: 0441 Planning area: Brinnon (11) Sub Division: Assessor's Land Use Code: 1100 - Residential - Single Unit Property Description: S10 T25 R2W TAX 14(ENLG)LESS TAX 16 Tax, A/V, Sales, Photos, and Permit Data Bldg Data Map Parcel Plats&Surveys Septic Monitoring Info J r HOME I COUNTY INFO I DEPARTMENTS I SEARCH d Best viewed with Microsoft Internet Explorer 6.0 or later Windows- Mac http://www.co.jefferson.wa.us/assessors/parcel/parceldetail.asp?Parcel NO=502104023 10/24/2014 DEVEL.o.PMENT REVIEW TIME SETS `i^ gz Date Time Corn ents U / 1 'I — _ '3 li .t_ui\-c.w I/ ' I: -N) -a G lr 1 5 15int k2 6 y ir . {! . ,,,• 22. f( = Rig 9 --lo.• C - 11 IU .--11 -3l> \\tidemark\data\formslR_MLT_Case_CRMLA.rpt September 18.2012 U. CONSISTENCY REVIEll Project Planner: Master#M LA14-00088 Review Type Project Description SUB14-00014 BLA PARCEL#502104023 &502104006 11C1-°Shatr Primary: LEON V VOETBERG Site Address: MARIDEL V VOETBERG 308766 HWY 101 214 WIDGEON HILL RD BRINNON WA, 98320 CHEHALIS WA 98532 OWN JOHN DOWD P.O. BOX 142 BRINNON WA 98320 Project Location: 502-104-023 S 10 T25 R2W GOV LOT 3(W TX 9& S OF ST PK RD)ENLG BY TX 48 &TL TX B-5/SEC 15 TX 38 W/TL ABT&TL TAX A-3 502-104-006 SI0 T25 R2W TAX 14(ENLG)LESS TAX 16 Parcel Number: 502104006 S-T-R: 10-25N-2W Total Acreage 0 Legal Description S10 T25 R2W GOV LOT 3(W TX 9& S OF ST PK RD) Land Use: 1100 ENLG BY TX 48&TL TX B-5/SEC 15 TX 38 W/TL ABT& TL TAX A-3 Flood District: Fire District: 4 Planning Area: 11 Flood Map(FIRM)Panel No: chool D 46 Zoning: Parcel Number: 502104023 S-T-R: 10-25N-2W Total Acreage 6 Legal Description S10 T25 R2W TAX 14(ENLG)LESS TAX 16 Land Use: 1100 Flood District: Fire District: 4 Planning Area: 11 Flood Map(FIRM)Panel No: •chool D 46 Zoning: R COMP PLAN DESIGNATION: CZ.V___ COMMUNITY PLAN: UGA: UGA Trans [ ] Plot plan states "property limi 5U('V&y [ ] Assessor's Map(Property tin lineWsubmitted plot plan must match the property line identified on the Assessor's 1/4 map) [ ] Legal Access to Property YES NO jJ/A [ ] Parcel Tags or Scanned Documents YES NO 550` i0 41-COL, b t c)i [ ] ESA's: Special Reports Nearby YES Q [ ] Designated Ag YES [ ] Shoreline Designation: ail NO 6.6246 z(.0 Ota : AA ....?k ■n-E-ofts [ ] Shoreline Slope Stability: ®l NO '� 4-216 k C rt d Zn-Grrn t, c�-/- pr, bi b a rct;is Stream Typ-�` NO 5o2[QtI o2 Type. , 1Uen A h he'-a r"„,SitParn 6u " FWHCA: MO NO 5OL O OOL. : t.o',thiY\ 15b/ Shsr,o)rrss FL 4-A bttt--c -- Wetlands: YES 0 Rare Plants:YES Seismic: YES NO Landslide: YES Flood: YES NO Erosion: YES ED Aquifer Recharge Area:YES o SIPZ: none At Risk High Risk Coasta Qa-f it rareds en All f n.1 Pared/ CMZ: none High Risk Moderate RiskDisco - -I CMZ Stormwater site plan submitted: Yese N/A- [ ] Forest Lands: YES NO Adjoining Forest Lands: Commercial/ Rural/ Inholding [ ] Mineral Lands: YES [ ] Agricultural Lands: YES ) [ ] Archaeology: YES NO [ ] No Shooting Zone: GE. NO Sea/0400C)' : Brinn n- Black ?G/n/ qikStormwater: New Impervious Surface IQ/A Land Disturbing Activity IQ/A ESA's Stormwater Req's:Min Req#2 Min Req#1 thru#5 Min Req#1 thru#10 Engineering [ ] Notice Provisions/Disclosure:Airport YES 8d MRL YES Forest Lands YES , itA Landscaping Required: Yes No N/P\ N/ Parking Spaces Required NO 2 Other (U/A It 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 [(ki 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 14 Setbacks: Front: Left Side: Right Side: Rear: Shoreline Setback: (=.,01 kJ /',l LSHA Setback: N (/ [0� Road Classification: tilt•A Road Approach: EXISTING NOT REQ'D RAP iJ IA [ ] SEPA Required: YES EXEMPT 13l/41i Flood Certificate: M/,1 [ ] Existing Case(s)&CQndition(s): (f.e 5 LL. fif-± jc�A Violations: Yes o ( O to Recorded Date of Subdivision: iJ/A AFN Over 5yrs=UDC Plat Conditions: pill <5yrs=Plat Conditions on plat or Old Ordinance [ ] Lots/Require Declaration of Restric$Vovenant YE' S submitted: YES NO [ ] UGA No Protest Agreement ubmitted: NO [ ] Site Visit conducted YES S [ ] Require Final Zoning Approval YES N [ ] ADMIN: Setbacks entered i ermit Plan cas- N/A YES New Parcel Tags entered i rnit Plan YES • Special Reports Scanne N/A ' YES Title No Updated Parcel tags found for parcel 502104096 1.) Geotechnical Report BLD94-00596 A Special Report was prepared by MC 1/12/07 Squared date October 12, 1994 to address slope stability and retaining wall design for BLD94-00596 Associated CASES status issued finaled description 502104006 BLD08-00083 F 2/28/2008 3/12/2008 SWAP-OUT OF 120 GALA/G PROP TANK-NO MLA REQD BLD94-00596 F 10/26/1994 7/24/1998 Detached Garage/Shop CAR94-00095 F 10/26/1994 10/26/1994 BLD96-00672 F 11/18/1996 12/20/1996 carport MLA14-00088 SUB14-00014 P BLA PARCEL#502104023&502104006 CASES, FINDING, CONDITIONS, PERMISSIONS FOR • Parcel 502104006 • Printed: November 14, 2014 Cases Name Review Status Planner Type BLD08-00083 DOWD F Application Received: 2/28/2008 Permit Issued/Case closed: 2/28/2008 Case Finaled: 3/12/2008 SWAP-OUT OF 120 GALA/( PROP TANK- NO MLA REQ'D No findings, conditions, or permissions found. BLD94-00596 DOWD F Application Received: 8/29/1994 Permit Issued/Case closed: 10/26/1994 Case Finaled: 7/24/1998 Detached Garage/Shop No findings, conditions, or permissions found. BLD96-00672 DOWD F Application Received: 10/29/1996 Permit Issued/Case closed: 11/18/1996 Case Finaled: 12/20/1996 carport No findings, conditions, or permissions found. CAR94-00095 DOWD F Application Received: 8/29/1994 Permit Issued/Case closed: 10/26/1994 Case Finaled: 10/26/1994 1.) The application was reviewed by Jefferson County Permit Center staff on 9/1/94 for the potential presence of critical areas regulated under the provisions of the Ordinance, and the following critical areas were confirmed as potentially present on the subject property: landslide hazard area. 2.) Acting upon the above information, Jefferson County staff conducted a site inspection of the subject property on 9/12/94 and confirmed the existence of the following critical areas and/or their associated buffers on the property: landslide hazard area. 3.) Staff discussed site visit with applicant on 9/16/94 and informed Mr. John Dowd that a geotech report would be required since a portion of the proposed building footprint lies within the landslide hazard area and its buffer. The landslide hazard area, in this instance, is a steep slope associated with an acess road located immediately above the proposed building site. Both the Critical Areas Ordinance and the building inspector required a geotech report to determine the structural modifications necessary for the proposed garage to be built within a landslide hazard area. On 10/17/94, a geotech report entitled "Structural Calculations for Workshop and Retaining Wall for John Dowd - Project 94304"was submitted to the Permit Center by MC Squared, Inc. of Olympia Washington. This report meets the requirements and concerns of both the Critical Areas Ordinance and the County's building inspector. 4.) Proposed project shall be built according to the specifications outlined in above mentioned geotech report submitted by MC Squared Inc. of Olympia, Washington.All construction activities, including the storage and preparation of materials, shall not encroach upon the designated geologically hazardous area, or its associated buffer, except as absolutely necessary to complete the project. 5.) No alteration shall be made to the landslide hazard area buffer without prior authorization by the Critical Area Administrator. 6.) The proposed development shall be located on the subject property exactly as identified on the Universal Plot Plan, or other Site Plan, approved by the County as part of the triggering permit application. SUB14-00014 MLA14-00088 VOETBERG P Anna Bausher Application Received: 10/24/2014 Permit Issued/Case closed: Case Finaled: BLA PARCEL#502104023 &502104006 No findings, conditions, or permissions found. SEP84-00187 DOWD F Application Received: 1/16/1984 Permit Issued/Case closed: 2/20/1984 Case Finaled: 1/31/1985 Residence on 502104006, drainfield on 502104023 No findings, conditions, or permissions found. \\tidemark\data\forms\R_MLT_Parcel_Cond.rpt 11/14/2014 Page 1 of 1 CASES, FINDING, CONDITIONS, PERMISSIONS FOR a Parcel 502104023 • Printed: November 14, 2014 Cases Name Review Status Planner Type EXM96-00012 VOETBERG F Application Received: 3/5/1996 Permit Issued/Case closed: 3/7/1996 Case Finaled: 3/7/1996 boundary line adjustment No findings, conditions, or permissions found. SUB14-00014 MLA14-00088 VOETBERG P Anna Bausher Application Received: 10/24/2014 Permit Issued/Case closed: Case Finaled: BLA PARCEL#502104023 & 502104006 No findings, conditions, or permissions found. SEP84-00187 DOWD F Application Received: 1/16/1984 Permit Issued/Case closed: 2/20/1984 Case Finaled: 1/31/1985 Residence on 502104006, draintield on 502104023 No findings, conditions, or permissions found. SOM84-00187 VOETBERG F Application Received: 1/31/1985 Permit Issued/Case closed: Case Finaled: No findings, conditions, or permissions found. \\tidemark\data\forms\R_MLT_Parcel_Cond.rpt 11/14/2014 Page 1 of 1