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HomeMy WebLinkAboutSUB2015-00014 JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT UNIFIED DEVELOPMENT CODE TYPE I LAND USE PERMIT APPLICANT: JIM FANNIN CAPRI FANNIN 706 S 56TH AVE YAKIMA WA 98908-4220 DATE ISSUED: September 28, 2015 DATE EXPIRES: March 28, 2016 MLA NUMBER: MLA15-00047 PROJECT PLANNER:Anna Bausher PROJECT DESCRIPTION: BOUNDARAY LINE ADJUSTMENT - LOT CONSOLIDATION TO CONSOLIDATE 2 EXISTING PARCELS INTO ONE PARCEL PROJECT LOCATION: Parcel Numbers: 980 100 309 and 980 100 324; Section 21, Township: 25N, Range: 2W; Site Address: 161 Canal Lane, Brinnon WA, 98320. CONDITIONS: 1.) Consistent with JCC Title 18.35.080 (3), the Statement of Intent shall be recorded with the Jefferson County Auditor. An Excise Tax Affidavit will need to be completed and filed at the Jefferson County Treasurers office. Appropriate documents and fees shall be submitted to the Department of Community Development for department signatures and recording. 2.) Approval of this Boundary Line Adjustment- Lot Consolidation does not guarantee the approval of any future county permits and/or approvals. 3.) Consistent with JCC 18.35.080(5), pursuant to RCW 86.56.345, current year and any delinquent taxes shall be paid before approval of any boundary line adjustment. 4.) Approval of this BLA does not provide any assurance that an onsite sewage system can be approved for the resulting lots. No soils were evaluated as part of this application. Onsite sewage disposal systems shall meet design standards and regulatory requirements in effect at the time of application for a sewage disposal permit. Purchaser should contact the Jefferson County Health Department for procedures concerning permit applications. Any removal of or major disturbances of soil within the proposed drainfield areas may create site conditions that are unacceptable for the installation of sewage disposal systems. 5.) 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. 6.) 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 ESAs.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. 7.) 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. 8.) Consistent with JCC 18.35.080(1), Sherrie Shold and Charlotte Stockard from the Assessors Office have reviewed and commented on the proposal. 9.) To help prevent seawater from intruding landward into underground aquifers, all new development activity on Marrowstone Island, Indian Island and within 1/4 mile of any marine shoreline shall be required to infiltrate all stormwater runoff onsite. 10.) VOLUNTARY MEASURES OF COASTAL& AT RISK SIPZ: Water conservation measures: 1. Roof and other intercepted precipitation shall be routed to on-site detention ponds and/or other approved means and allowed to be released to the soil slowly. 2. Water collected from Storm water and roof catchments may be used for watering lawns and gardens. Unless catchment water has been treated to meet drinking water standards, there shall be no cross connections allowed between the potable supply and impounded water. 3. Water withdrawn from wells on each property shall not be used for watering of lawns and/or gardens. 4. Ground water withdrawn from each property shall be restricted to a rate of three(3)gallons per minute. 5. Installation of water conserving fixtures such as low flow toilets,faucets and shower restrictors and other water saving plumbing fixtures. 6. Landscaping plan (xeriscaping, native vegetation with minimal amounts of irrigation). Please NOTE that the above listed measures are not intended to be exhaustive, but rather is intended to be illustrative of the types of water conservation measures. 11.) VOLUNTARY MEASURES OF COASTAL &AT RISK SIPZ: 1. Installation of a flow meter. 2. On-going well monitoring for chloride concentration. 3. Submittal of monitoring data to County. 12.) MANDATORY MEASURES FOR COASTAL SIPZ: 1. For proof of potable water on a building permit application, applicant must utilize DOH-approved public water system if available. 2. If public water is unavailable, a qualifying alternative system may be used as proof of potable water or an individual well may be used as proof of potable water subject to the following requirement: a. Chloride concentration of a laboratory-certified well water sample submitted with building permit application. b. Installation of source-totalizing meter(flow). 13.) Landslide Hazard Areas and their associated buffers shall remain naturally vegetated. Should buffer disturbance occur during construction, the Unified Development Code(UDC)Administrator shall require replanting with native vegetation. No alterations shall be made to the Landslide Hazard Area or its associated buffer without prior authorization by the UDC Administrator. FINDINGS: 1.) The Administrator finds that this application complies with applicable provisions of the Unified Development Code, all other applicable ordinances and regulations, and is consistent with the Jefferson County Comprehensive Plan and Land Use map. 2.) F -The proposal is consistent with JCC Title 18.35.060(1)(a). 3.) F -Consistent with JCC Title 18.35.060(2)(a), the proposal will not create an additional lot, tract, or parcel. 4.) F- Consistent with JCC Title 18.35.060(2)(b),the proposal is not within a binding site plan. 5.) F- Consistent with JCC Title 18.35.060(2)(c), the proposal will not relocate an entire lot, tract, or parcel from on€ parent parcel into another parent parcel. 6.) Consistent with JCC title 18.35.060(2)(d)the proposal does not cross zoning districts. 7.) Consistent with JCC Title 18.35.060(2)(e), the proposal is not inconsistent with any restrictions or conditions of approval for a recorded short plat or long plat. The proposal will not circumvent the short subdivision or long subdivision procedures. 8.) Consistent with JCC Title 18.35.060(2)(f),the proposal will not separate an Accessory Dwelling Unit from the primary use of the property. 9.) Consistent with JCC Title 18.35.060(6), the proposal does not involve more than two lots,tracts or parcels that have been subject to a boundary line adjustment process within five years. 10.) Consistent with JCC 18.35.060(3), 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. 11.) The proposal is in compliance with JCC 18.35.080(2)(a)-(i), consistent with this code section the proposal may be approved. 12.) This approval is for a boundary line adjustment- lot consolidation of two (2)existing parcels into one(1) resulting parcel only. Any future permits on this site are subject to review for consistency with applicable codes and ordinances and does not preclude review and conditions which may be placed on future permits. 13.) Jefferson County determined that this proposal is categorically exempt from review under the State Environmental Policy Act(SEPA) pursuant to WAC 197-11-800(6)(f). 14.) The application was reviewed by the Jefferson County Department of Community Development staff on August 6, 2015 for the potential presence of Environmentally Sensitive Areas (ESAs) under the provisions of the Unifiec Development Code (UDC). After an initial Geographic Information Systems mapping review and an investigative site inspection, the following ESAs were confirmed to be present on the subject property: marine shoreline fish and wildlife habitat conservation area; shoreline designation area shoreline residential, aquatic, and proprity aquatic; coastal seawater intrusion zone; geologically hazardous area. 15.) Geologically Hazardous Areas in Jefferson County are characterized by slope, soil type, geologic material, and groundwater that may combine to create problems with slope stability, erosion, and water quality during and after construction or during natural events such as earthquakes or severe rainstorms. 16.) Marine shorelines and islands are susceptible to a condition that is known as seawater intrusion. Seawater intrusion is a condition in which the saltwater/freshwater interface in an aquifer moves inland so that wells drillec on upland areas cannot obtain freshwater suitable for public consumption without significant additional treatment and cost. Maintaining a stable balance in the saltwater/freshwater interface is primarily a function of the rate of aquifer recharge (primarily through rainfall) and the rate of groundwater withdrawals (primarily through wells). The Washington Department of Ecology is the agency with statutory authority to regulate groundwater withdrawal for individual wells in Jefferson County. New development, redevelopment, and land use activities on islands and in close proximity to marine shorelines in particular should be developed in such a manner to maximize aquifer recharge and maintain the saltwater/freshwater balance to the maximum extent possible by infiltrating stormwater runoff so that it recharges the aquifer. 17.) The parcel is located within a coastal SIPZ (seawater intrusion protection zone)according to the County GIS map. There are voluntary and mandatory measures identified in the Jefferson County Seawater Intrusion Polio (Resolution 61-02, effective September 23, 2002)that apply to well drilling proposals and building permit applications on existing lots of record. A Coastal SIPZ is defined as: all islands and area within one-quarter mile of marine shoreline, but no history of chloride concentration above 100 mg/L in groundwater sources within 1000 feet. 18.) The parcel has been designated as Rural Residential 1 DU/5 Acres (RR1:5) under the Jefferson County Comprehensive Land Use Map effective August 28, 1998. 19.) NOTICE: This permit does not excuse the proponent from complying with other local, state, and federal ordinances, regulations, or statutes applicable to the proposed development, but consistent with RCW 90.58. Development pursuant to this permit shall be undertaken subject to the applicable policies and performance standards of the Jefferson County Shoreline Management Master Program and the Jefferson County Unified Development Code. If during excavation or development of the site an area of potential archaeological significance is uncovered, all activity in the immediate area shall be halted, and the Administrator shall be notified at once. The Federal Endangered Species Act rules to protect threatened Chinook and Summer-run Chum salmon became effective on January 8, 2001. Bull trout have been listed as threatened since early 2000. Under the ESA, any person may bring lawsuit against any individual or agency that "takes" listed species (defined as causing harm, harassing, or damaging habitat for the listed species). In addition, the National Marine Fisheries Service can levy penalties. Portions of Jefferson County, including marine environments are included as "critical habitat"for listed species. Development of property along any marine shoreline, freshwater shoreline, or floodplains could harm habitat if protective measures are not taken. To minimize the potential to damage habitat, all property owners developing adjacent to marine shoreline, freshwater shoreline, or floodplains are advised to do the following: -All development activities should avoid unstable slopes, wetlands, and forested areas near surface waters - Remove minimal vegetation for site development, especially large trees -Allow trees that have fallen into surface waters to remain there - Infiltrate stormwater from buildings and driveways onsite through drywells rather than discharging directly into surface waters or roadside ditches The Federal Bald and Golden Eagle Protection Act requires landowners within 660 feet(1/8th of a mile)of an eagle nest to consult with the US Fish and Wildlife Service. This Eagle Act prohibits anyone from "taking" bald eagles. This federal law defines the term "take" and describes the possible legal consequences when a "take" occurs. Among other actions, "take" includes a disturbance of bald eagles or their habitat. Under federal law a permit may still be required for activities that impact bald eagles or their habitat. Contact the US Fish and Wildlife Service (http://www.fws.gov/pacific/eagle/)to learn more about how this law affects your project. Any individual, group, or agency can bring suit for a listed species"taking", even if you are in compliance with Jefferson County development codes. The risk of a lawsuit against you can be reduced by consulting with a professional fisheries habitat biologist, and following the recommendations for site development provided by the biologist. For more information, contact the National Marine Fisheries Service in Seattle, or the U.S. Fish and Wildlife Service. APPEALS: Pursuant to RCW 36.70C,the applicant or any aggrieved party may appeal this final decision to Jefferson County Superior Court within twenty-one(21)calendar days of the date of issuance of this land use decision. For more information related to judical appeals see JCC 18.40.340. UDC Administr or MLA15-00047 lltidemarkl data\forms\F_MLT_IssuePermit_U.rpt 9/28/2015 Page 4 of 4 594610 PGS : 4 BLA Jef OfersonSCounty WA Auditor's Office ffice - Rose FAnnnM DEVELOPMEN1 Carroll, Auditor 1111 47.I6 illetlii141 NIP Rink 111111 AFTER RECORDING MAIL TO: Name: _ Jim and Capri Fannin Ades: 706 S 56th Avenue City/state. Yakima,WA 98908 Boundary Line Adjustment—Lot Consolidation MLA 15-00047/SUB15-00014 Grantor(s): 1. Jim and Capri Fannin Grantee(s): 1. Jim and Capri Fannin Legal Description:Parcels involved in the adjustment are currently legally described as follows(include Assessor's Property Tax Parcel Account Numbers): Parcel A:TPN: 980 100 324; Section 21, Township 25N,Range 2W; See attached Exhibit A Parcel B:TPN: 980 100 309; Section 21,Township 25N,Range 2W; See attached Exhibit A Boundary line subject to adjustment described as follows(new legal description): Section 21,Township 25N,Range 2W; See attached Exhibit B The nature of the adjustment is described as follows: Consolidate parcels A&B into one parcel. 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. 710254 124099 *l0 x015 10.003: 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 ct taro insufficient area and dimension t meet minimum County and sanitatio, eq a• ents for width and area fo building site 0Q/D- (Prop• ts' gnature) STA! • OF WASHINGTON COUNTY OF On (1 7--,- ,200\S",personally J appeared 3\m y CP-,3,n ra(\'A'(\ 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 1" day of ,`��\\�+to ,,,,,1,4 U 200 IS-. �,4. le\1t{9ii i��� 11, U\� w• � r ITMt► ' Notary Public • an for the State of Washington, s e «. ¢ Residing at �Zl She-+/■d'a,�5) tHolinatt' 'p 1 This boundary line adjustment has been reviewed and approved by the Jefferson County Development Review Division. Assistant Planner Date Exhibit A Current Legal Description Parcel A Lot 11 in Block 3 of Olympic Canal Division No. 1,as per plat recorded in Volume 4 of Plats, page 33, records of Jefferson County,Washington; Together with the following described property lying between the Northerly and Southerly lot lines of said Lot 11 extended Easterly,as conveyed by instrument recorded October 10, 1974 under File No. 225344,being a portion of Government Lot 4,Section 21,Township 25 North, Range 2 West,W.M: Beginning at the Northeasterly corner of Lot 11,Block 3,said Olympic Canal Addition No. 1;thence North 80° 17'00" East along the Easterly extension of the Northerly line of said Lot 11,a distance of 43.50 feet;thence South 3r 04'04" East a distance of 35.00 feet;thence South 25°02'21" West a distance of 87.14 feet;thence North 83°33'53" West a distance of 35.00 feet to the Easterly corner common to Lots 10 and 11,said Block 3,in said Olympic Canal Addition No.1:thence North along Lot 11 to the point of beginning. Together with Second Class Tidelands,abutting said lot as conveyed under Auditor's File Number 225344,October 10, 1974. Current Legal Description Parcel B Lot 12, Block 3 of Olympic Canal Addition,Division 1,as recorded in Volume 4 of Plats, page 33, records of Jefferson County,Washington; Together with the following described property, being a portion of Government Lot 4 in Section 21, Township 25 North,Range 2 West,W.M.,beginning at the Northeasterly corner of Lot 12, Block 3,said Olympic Canal Addition No.1;thence North 80° 17'00" East along the Easterly Extension of the Northerly line of said lot 12,a distance of 35.00 feet;thence South 31°04'04" East a distance of 55.00 feet;thence West to the Southeasterly corner of said Lot 12;thence North along the Easterly line of said Lot 12 to the point of beginning. Together with Second Class Tidelands,abutting said lot as conveyed under Auditor's File Number 225344,October 10, 1974. Exhibit B New Legal Description Lot 11 in Block 3 of Olympic Canal Division No. 1,as per plat recorded in Volume 4 of Plats, page 33, records of Jefferson County, Washington; Together with the following described property lying between the Northerly and Southerly lot lines of said Lot 11 extended Easterly,as conveyed by instrument recorded October 10,1974 under File No. 225344,being a portion of Government Lot 4,Section 21,Township 25 North, Range 2 West,W.M: Beginning at the Northeasterly corner of Lot 11,Block 3,said Olympic Canal Addition No. 1;thence North 80° 17'00" East along the Easterly extension of the Northerly line of said Lot 11,a distance of 43.50 feet;thence South 31°04'04" East a distance of 35.00 feet;thence South 25°02'21"West a distance of 87.14 feet;thence North 83°33'53"West a distance of 35.00 feet to the Easterly corner common to Lots 10 and 11,said Block 3, in said Olympic Canal Addition No. 1:thence North along Lot 11 to the point of beginning. Together With Lot 12, Block 3 of Olympic Canal Addition,Division 1,as recorded in Volume 4 of Plats, page 33, records of Jefferson County,Washington; Together with the following described property, being a portion of Government Lot 4 in Section 21, Township 25 North, Range 2 West,W.M.,beginning at the Northeasterly corner of Lot 12,Block 3,said Olympic Canal Addition No. 1;thence North 80° 17'00" East along the Easterly Extension of the Northerly line of said lot 12,a distance of 35.00 feet;thence South 31°04'04" East a distance of 55.00 feet;thence West to the Southeasterly corner of said Lot 12;thence North along the Easterly line of said Lot 12 to the point of beginning. Together with Second Class Tidelands,abutting said lots as conveyed under Auditor's File Number 225344,October 10, 1974. Situated in the County of Jefferson,Sate of Washington Department of (ea Revenue Washington State REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt PLEASE TYPE OR PRINT CHAPTER 82.45 RCW—CHAPTER 458-61 A WAC when stamped by cashier. THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED (See back of last page for instructions) ❑ Check box if partial sale of property If multiple owners,list percentage of ownership next to name. MIName Jim and Capri Fannin ® Name Jim and Capri Fannin a C:1114 Mailing Address 706 S 56th Avenue w z Mailing Address 706 S 56th Avenue c 6 city/state/zip Yakima. WA 98908 wR City/State/Zip Yakima, WA 98908 c. Phone No.(including area code)(509)952-8820 Phone No.(including area code)(509)952-8820 gi Send all ro er tax corres ondence to: Ei Same as Bu er/Grantee List all real and personal property tax parcel account p p ty p y numbers—check box if personal property List assessed value(s) Name 980100309 ❑ $314.405.00 Mailing Address 980100374 n $70,840.00 City/State/Zip n Phone No.(including area code) n Street address of property: 161 Canal Lane Brinnon,WA 98320 This property is located in Jefferson County ❑Check box if any of the listed parcels are being segregated from another parcel,are part of a boundary line adjustment or parcels being merged. Legal description of property(if more space is needed,you may attach a separate sheet to each page of the affidavit) See attached Statement of Intent OSelect Land Use Code(s): \k. I CM ® List all personal property(tangible and intangible)included in selling Select Land Use Codes I price. enter any additional codes: (See back of last page for instructions) YES NO Was the seller receiving a property tax exemption or deferral under ❑ p chapters 84.36,84.37,or 84.38 RCW(nonprofit organization,senior citizen,or disabled person,homeowner with limited income)? fl If claiming an exemption, list WAC number and reason for exemption: YES NO /� p Is this property designated as forest land per chapter 84.33 RCW? ❑ Fl WAC No. (Section/Subsection) 11 5J 4S '—Gol A "'.10 1 ( Is this property classified as current use(open space,farm and ❑ Reason for exemption 'BOL'f\CtC(('(,l L-1(\Q t A\US7h11('I'l agricultural,or timber)land per chapter 84.34 RCW? J Is this property receiving special valuation as historical property ❑ IN per chapter 84.26 RCW? If any answers are yes,complete as instructed below. Type of Document a , , 1 k i k..pli (1)NOTICE OF CONTINUANCE (FOREST LAND OR CURRENT USE) NEW NEW OWNER(S):To continue the current designation as forest land or Date of Document classification as current use(open space,farm and agriculture,or timber)land, Gross Selling Price $ you must sign on(3)below.The county assessor must then determine if the land transferred continues to qualify and will indicate by signing below.If the *Personal Property (deduct) $ land no longer qualifies or you do not wish to continue the designation or Exemption Claimed (deduct) $ classification,it will be removed and the compensating or additional taxes will be due and payable by the seller or transferor at the time of sale.(RCW Taxable Selling Price $ 0.00 84.33.140 or RCW 84.34.108).Prior to signing(3)below,you may contact Excise Tax : State $ 0.00 your local county assessor for more information. 0.0050 Local $ 0.00 This land ❑does ❑does not qualify for continuance. *Delinquent Interest: State $ Local $ DEPUTY ASSESSOR DATE *Delinquent Penalty $ (2) NOTICE OF COMPLIANCE(HISTORIC PROPERTY) NEW OWNER(S):To continue special valuation as historic property, Subtotal $ 0.00 sign(3)below.If the new owner(s)does not wish to continue,all *State Technology Fee $ 5.00 additional tax calculated pursuant to chapter 84.26 RCW,shall be due and payable by the seller or transferor at the time of sale. *Affidavit Processing Fee $ (3) OWNER(S)SIGNATURE Total Due $ 10.00 PRINT NAME A MINIMUM OF$10.00 IS DUE IN FEE(S)AND/OR TAX *SEE INSTRUCTIONS 8 I CERTIFY 'D ' PENALTY OF PERJURY THAT THE FOREGOING IS TRUE ' O'.'ECT. Signature of Signature of . - Grantor or Grantor's Agent _ i . Grantee or Grantee's Agent ' i4 Name(print) Jim Fannin Name(print) Jim Fanni• Date&city of signing: Sete b- 1 2015 Date&city of signing: S pte 'ber 1, 2015 Perjury:Perjury is a class C felony which is punishable by imprisonment in the state correctional institution for a maximum term of not more than five years,or by a fine in an amount fixed by the court of not more than five thousand dollars($5,000.00),or by both imprisonment and fine(RCW 9A.20.02I (1)(C)). REV 84 0001a(05/21/15) THIS SPACE-TREASURER'S USE ONLY COUNTY TREASURET 710'7'56 124099 *10r/2'015 111.00#. ¢gON eo DEPARTMENT OF COMMUNITY DEVELOPMENT �� U 621 Sheridan Street,Port Townsend,WA 98368 W �� TeL 360.379.4450 I Fax:360.379.4451 Web:www.co.jefferson.wa.us/communitydevelopment _V E-mail:dcdna co.jefferson.wa.us [II '''t -0 I N Cs�O � JUL 2 U 2015 ii PERMIT APPLICATION ;L; JEFFERSON COUNTY Steps in the Permit Process: DEPT.OF COMMUNITY DEVELOPMENT __ -Review application checklist to ensure all information is completed prior to submitting application. -Make sure septic has been applied for and water availability has been proven. -Make an appointment to meet with the Permit Technician by calling 360-379-4450. -This is not a standalone application;it must be accompanied by a project specific supplemental application. -Fees will be collected at intake. Additional fees may apply after review and payment is required before permit is issued. For Department Use Only Building Permit# Related Application#s: MLA# Site Information Assessor Tax Parcel Number: Cl`JD 100 3 0 9 hVo I o U 3 z-A Site Address and/or Directions to Property: 161 Ctr.1 Le,t B: , L..) z q b SID Access(name of street(s)) from which access will be gained: Czix-t ( L am. Present use of property: 9 N, ,l,..e_ Description of Work(include proposed uses): Co AN 136.4._ "i.U. 2.. qyz r,e S Wastewater-Sewage Disposal This property is served by Port Townsend or Port Ludlow sewer system? YES NO If not served by sewer identified above, identify type of septic system below: Type of Sewage System Serving Property: Septic Septic Permit#: -5 EPQ4 - 00151 Community Septic Name of System: Case#: Are other residences connected to the septic system? 00 Additions or repairs to sewage system: llo Is it a complete or partial system installation: Complete Partial Has a reserve drainfield been designated? Yes )( No Date of Last Operations& Maintenance check: Attach last report to application Describe or attach any drainfield easements, covenants or notices on title,which may impact the property: The a'uthorized agent/representative is the primary contact for all project-related questions and correspondence. The County will mail /e-mail requests and information about the application to the authorized agent/representative and will copy(cc)the owner noted below. The authorized agent/representative is responsible for communicating the information to all parties involved with the application. It is the responsibility of the authorized agent/representative and owner to ensure their mailbox accepts County email (i.e., County email is not blocked or sent to"junk mail"). Applicant/Property Owner Information Property Owner: ^ Name: J 1rri. 4- ( Q�r , Far IN' Address: •70 6 S Sls"`� At—& ;inv.twr, (..J 2t 4 'Aoft 1 Phone#: (yogi 9 52 - - 9"2.Q, E-mail Address: , • -, 6. , - r Please con'.c' A • o,zed Agent/Representative with project info. (select only one). Property Owner Signature: .,� Date: 7/ 12/ 15' Note: For projects with multiple ow •rs,a' separate sheet with each owner(s)information and signatures Applicant Authorized Agent/ .presentative(if other than owner) 1 —' ■ 5 .1 Name: •` rj Address: Jl)L_ Phone#: E-mail Address: I `' I'. Professional: Is this an Authorized Agent/Representative for this project? r -Nib YES Engineer Architect Surveyor Contractor Consultant Name: License# Address: Phone#: E-mail Address: Professional: Is this an Authorized Agent/Representative for this project? NO YES Engineer Architect Surveyor Contractor Consultant Name: License# Address: Phone#: E-mail Address: Professional: Is this an Authorized Agent/Representative for this project? NO YES Engineer Architect Surveyor Contractor Consultant Name: License# Address: Phone#: E-mail Address: By signing this application form, the owner/agent attests that the information provided herein, and in any attachments, is true and correct to the best of his or her 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 making any issued permit null and void. I further agree to that all activities I intend to undertake or complete associated with this permit will be performed in compliance with all applicable federal,state a. . county laws and regulations and I agree to provide access and right of entry to Jefferson County and its employees, repress tativ: . agents for the sole purpose of application review and any required later inspections. Applicant may request notice of , nt s intent to enter upon the property for visits related to this application and subsequent permit issuance. iii Signature: At.,— Print Name: J :ry I arrr..n Date: 11 ILj I.) 4�4 , • °64, JEFFERSON COUNTY _ ���, �� f ,`4G , DEPARTMENT OF COMMUNITY DEVELOPMENT `� ID O 621 Sheridan Street• Port Townsend • Washington 98368 I,S\ j i 2 0 -915 III "pS G`S 360/379-4450 . 800/831-2678 • 360/379-4451 Fax ^ -4 1 ix COM )(tF'': ININDC is OPSESNT Boundary Line Adjustment (BLA) Supplemental Application MLA# N1 L Al S l T,C% l PROJECT/APPLICANT NAME: (e p hi- n.'1 • Submittal 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. i7 Three (3)copies of a dean 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; 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. BLA APP.DOC REV B/4/2006 Page 1 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. 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. ri 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; 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 purpose of the proposed boundary line adjustment. `ft) to^h<.; Ct• 9t0WO 3061 - 4V0bO0 32 -I 2. Please provide Existing Legal Descriptions of all affected lots, tracts or parcels. (Attach additional sheets, if necessary.) Parcel A: 5.e.t hibiT Parcel B: Ste i Parcel C: Parcel D: BLA APP.DOC REV.8/4/2006 Page 2 3. Please provide Proposedt�Liegall Descriptions of all affected lots,tracts or parcels. (Attach additional sheets if necessary.) Parcel A: See- Q,Iiuched E'.?&hlu} (} C Parcel B: Parcel C: Parcel D: 4. All owners of the subject properties must sign the application below to signify agreement to the proposed boundary line adjustment. The applicants hereb certify that all of the above statements are true and the plot plan provides an accurate representation o h proposed boundary line adjustment, and the applicants hereby acknowledge that any permit issued • i ppl' ation may be revoked if any such statement is found to be false. a. Date: 9/ '1� ' r—l J b. ( `)I f1kf1XvJ Date: i 1 'l '16 c. Date: d. Date: BLA APP.DOC REV.B/4/2006 Page 3 JEFFERSON TITLE COMPANY Jefferson Title Company 2205 Washington Street PO Box 256 Port Townsend,WA 98368 Phone: (360)385-2000 Fax: (360)385-6967 UPDATE NO. I TO THE SUBDIVISION CERTIFICATE Attention: This Supplemental contains changes which impact Title to Property set forth in the above referenced commitment. Prepared For: Jim and Capri Fannin ®There has been no change in the title to the property covered by this order since June 17,2015 at 8:00 a.m.,except the matters noted hereinabove. Dated as of August 10,2015 at 8:00 A.M. Jefferson Title Company By: Susan Brandt.Title Officer Form No. 14 Certificate No.:81322 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.: 81322 Jim and Capri Fannin Charge: $ 300.00 Tax: $27.00 Total: $327.00 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: Lot 11 in Block 3 of Olympic Canal Division No. 1,as per plat recorded in Volume 4 of Plats,page 33,records of Jefferson County,Washington; Together with the following described property lying between the Northerly and Southerly lot lines of said Lot 11 extended Easterly,as conveyed by instrument recorded October 10, 1974 under File No. 225344,being a portion of Government Lot 4, Section 21, Township 25 North,Range 2 West,W.M.: Beginning at the Northeasterly corner of Lot 12,Block 3, said Olympic Canal Addition No. 1;thence North 80° 17' 00"East along the Easterly extension of the Northerly line of said Lot 12, a distance of 35.00 feet; thence South 31°04' 04"East a distance of 90.00 feet; thence South 25°02' 21"West a distance of 87.14 feet;thence North 83° 33' 53"West a distance of 35.00 feet to the Easterly corner common to Lots 10 and 11, said Block 3, in said Olympic Canal Addition No. 1. Situate in the County of Jefferson, State of Washington. Subdivision Certificate Guarantee No.:81322 Page No.:2 PARCEL B: Lot 12,Block 3, Olympic Canal Division 1,according to the Plat thereof filed in Volume 4 of Plats page 33, records of Jefferson County,Washington: Together with the following described property lying between the Northerly and Southerly lot lines of said Lot 12 extended Easterly,as conveyed by instrument recorded October 10, 1974 under Auditor's File No.225344,being a portion of Government Lot 4, Section 21,Township 25 North,Range 2 West,W.M.; Beginning at the Northeasterly corner of Lot 12,Block 3, said Olympic Canal Addition No. 1; Thence North 80°17'00"East along the Easterly extension of the Northerly line of said Lot 12,a distance of 35.00 feet; Thence South 31°04'04"East a distance of 55.00 feet; Thence West to the Southeasterly corner of said Lot 12; Thence North along the Easterly line of said Lot 12 to the Point of Beginning. Situate in the County of Jefferson, State of Washington. Is Vested in: Jim Fannin and Capri Fannin,husband and wife Special Exceptions: 1. General taxes for the year 2015 which have been paid. Amount: $653.19 Tax Account No.: 980 100 324 Property ID No.: 36831 Assessed value: $ 70,840.00 Affects: Parcel A General Taxes. The first portion$ 1,415.17 becomes delinquent after April 30"'. The second portion$ 1,415.10 becomes delinquent after October 31st. Year: 2015 Amount Billed: $ 2,830.27 Amount Paid: $ 1,415.17 Amount Due: $ 1,415.10,plus interest and penalty, if delinquent Tax Account No.: 980 100 309 Property ID No.: 36816 Assessed value: $ 314,405.00 Affects: Parcel B 2. Restrictions,conditions, dedications, notes, easements and provisions contained and/or delineated on the face of the plat recorded under Jefferson County Recording No. 175276. 3. Right of the public to make necessary slopes for cuts or fills upon said premises in the original reasonable grading of streets,avenues, alleys and roads,as dedicated in the plat. 4. Right to continue to drain said roads and ways over and across any lot or lots where water might take a natural course, in the original reasonable grading of the roads and ways,as shown on the face of said plat. LPB Subdivision Certificate Guarantee No.:81322 Page No.:3 5. Provisions of the articles of incorporation and by-laws of the Olympic Canal Maintenance Company and any tax, fee,assessments or charges as may be levied by said association.Recorded under Recording No. 380556 and amended by Recording Nos. 432560, 567981 and 578292. 6. Restrictive Covenant and the terms and conditions thereof: Recorded: April 27,2001 Recording No.: 443080 7. Matters set forth in deed from Richard A. Clifford,as trustee,as follows: Grantees covenant and agree that the above described real estate shall be subject to the charges and assessments as provided for in and for the purposes set forth in the articles of incorporation and the by-laws of the Olympic Canal Maintenance Co., a non-profit,non-stock Washington corporation,and that said corporation shall have a valid first lien against the above described real estate for said charges and assessments levied by said corporation shall not be paid within 4 months after they shall become due and payable,the said corporation may proceed by appropriate action to foreclose its lien together with such sum as the court may adjudge reasonable attorney's fees in such action. The grantees hereby acknowledge receipt of said articles of incorporation and by-laws of the Olympic Canal Maintenance Co. This provision is a covenant running with the land and is binding the grantees,their heirs, successors and assigns. Subject to: (a) Restrictions, reservations and easements of record and as shown on the face of the recorded plat. (b) Use of said property for residential purposes only. 8. Declaration of Restrictive Covenant imposed by instrument recorded on July 29, 2004,under Recording No. 487500. Affects Parcel B and other property. 9. Notice imposed by instrument recorded on April 7,2006,under Recording No. 509984. 10. Any question as to the true location of the lateral boundaries of the Second Class Tidelands. 11. 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) 12. 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. LPB Subdivision Certificate Guarantee No.:81322 Page No.:4 13. Deed of Trust and the terms and conditions thereof: Grantor: Jim Fannin and Capri Fannin,husband and wife Trustee: Landsafe Title of Washington Beneficiary: Mortgage Electronic Registration Systems, Inc., ("MERS"), solely as nominee for Lender and Lender's successors and assigns; Lender is Countrywide Bank,FSB Amount: $ 162,000.00 Dated: March 30,2009 Recorded: April 15,2009 Recording No.: 542262 Affects: Parcel B Assignment of Beneficial Interest. Assignee: Bank of America,N.A. Recorded: March 2, 2015 Recording No.: 589711 Dated: July 15,2015 at 8:00 A.M. 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 LPB I ► Form No. 14 t1!/ Certificate No.:81322 Subdivision Certificate I n v IL 11� LW I 1n1,\ 1 JUL 2 0 2015 I 1FFFERSON CO , `��� DEPi _ , ►EVELOP , 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.: 81322 Jim and Capri Fannin Charge: $300.00 Tax: $27.00 Total: $327.00 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: Lot 11 in Block 3 of Olympic Canal Division No. 1, as per plat recorded in Volume 4 of Plats, page 33,records of Jefferson County, Washington; Together with the following described property lying between the Northerly and Southerly lot lines of said Lot 11 extended Easterly, as conveyed by instrument recorded October 10, 1974 under File No. 225344, being a portion of Government Lot 4, Section 21,Township 25 North, Range 2 West, W.M.: Beginning at the Northeasterly corner of Lot 12, Block 3, said Olympic Canal Addition No. 1;thence North 80° 17' 00"East along the Easterly extension of the Northerly line of said Lot 12, a distance of 35.00 feet; thence South 31° 04' 04"East a distance of 90.00 feet; thence South 25° 02' 21"West a distance of 87.14 feet;thence North 83° 33' 53"West a distance of 35.00 feet to the Easterly corner common to Lots 10 and 11, said Block 3, in said Olympic Canal Addition No. 1. Situate in the County of Jefferson, State of Washington. r r t r Subdivision Certificate Guarantee No.:81322 Page No.:2 PARCEL B: Lot 12, Block 3, Olympic Canal Division 1, according to the Plat thereof filed in Volume 4 of Plats page 33, records of Jefferson County, Washington: Together with the following described property lying between the Northerly and Southerly lot lines of said Lot 12 extended Easterly, as conveyed by instrument recorded October 10, 1974 under Auditor's File No. 225344, being a portion of Government Lot 4, Section 21,Township 25 North, Range 2 West, W.M.; Beginning at the Northeasterly corner of Lot 12, Block 3, said Olympic Canal Addition No. 1; Thence North 80°17'00"East along the Easterly extension of the Northerly line of said Lot 12, a distance of 35.00 feet; Thence South 31°04'04"East a distance of 55.00 feet; Thence West to the Southeasterly corner of said Lot 12; Thence North along the Easterly line of said Lot 12 to the Point of Beginning. Situate in the County of Jefferson, State of Washington. Is Vested in: Jim Fannin and Capri Fannin, husband and wife Special Exceptions: 1. General taxes for the year 2015 which have been paid. Amount: $ 653.19 Tax Account No.: 980 100 324 Property ID No.: 36831 Assessed value: $ 70,840.00 Affects: Parcel A General Taxes. The first portion $ 1,415.17 becomes delinquent after April 30th. The second portion $ 1,415.10 becomes delinquent after October 31'. Year: 2015 Amount Billed: $ 2,830.27 Amount Paid: $ 1,415.17 Amount Due: $ 1,415.10,plus interest and penalty, if delinquent Tax Account No.: 980 100 309 Property ID No.: 36816 Assessed value: $ 314,405.00 Affects: Parcel B 2. Restrictions, conditions, dedications, notes,easements and provisions contained and/or delineated on the face of the plat recorded under Jefferson County Recording No. 175276. 3. Right of the public to make necessary slopes for cuts or fills upon said premises in the original reasonable grading of streets, avenues, alleys and roads, as dedicated in the plat. 4. Right to continue to drain said roads and ways over and across any lot or lots where water might take a natural course, in the original reasonable grading of the roads and ways, as shown on the face of said plat. LPB f f Subdivision Certificate Guarantee No.:81322 Page No 3 5. Provisions of the articles of incorporation and by-laws of the Olympic Canal Maintenance Company and any tax, fee, assessments or charges as may be levied by said association. Recorded under Recording No. 380556 and amended by Recording Nos. 432560, 567981 and 578292. 6. Restrictive Covenant and the terms and conditions thereof: Recorded: April 27,2001 Recording No.: 443080 7. Matters set forth in deed from Richard A. Clifford, as trustee, as follows: Grantees covenant and agree that the above described real estate shall be subject to the charges and assessments as provided for in and for the purposes set forth in the articles of incorporation and the by-laws of the Olympic Canal Maintenance Co., a non-profit, non-stock Washington corporation, and that said corporation shall have a valid first lien against the above described real estate for said charges and assessments levied by said corporation shall not be paid within 4 months after they shall become due and payable,the said corporation may proceed by appropriate action to foreclose its lien together with such sum as the court may adjudge reasonable attorney's fees in such action. The grantees hereby acknowledge receipt of said articles of incorporation and by-laws of the Olympic Canal Maintenance Co. This provision is a covenant running with the land and is binding the grantees,their heirs, successors and assigns. Subject to: (a) Restrictions, reservations and easements of record and as shown on the face of the recorded plat. (b) Use of said property for residential purposes only. 8. Declaration of Restrictive Covenant imposed by instrument recorded on July 29, 2004, under Recording No. 487500. Affects Parcel B and other property. 9. Notice imposed by instrument recorded on April 7, 2006, under Recording No. 509984. 10. Any question as to the true location of the lateral boundaries of the Second Class Tidelands. 11. 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) 12. 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. • LPB 1 1 T t1 Subdivision Certificate Guarantee No.: 81322 Page No.;4 13. Deed of Trust and the terms and conditions thereof: Grantor: Jim Fannin and Capri Fannin, husband and wife Trustee: Landsafe Title of Washington Beneficiary: Mortgage Electronic Registration Systems, Inc., ("MERS"), solely as nominee for Lender and Lender's successors and assigns; Lender is Countrywide Bank, FSB Amount: $ 162,000.00 Dated: March 30, 2009 Recorded: April 15, 2009 Recording No.: 542262 Affects: Parcel B Assignment of Beneficial Interest. Assignee: Bank of America,N.A. Recorded: March 2, 2015 Recording No.: 589711 Dated: June 17, 2015 at 8:00 A.M. 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 LPB ►' 573607 PGS : 4 SWD 02/11/2013 11.38 PM $75.00 JEFFERSON TITLE CO INC Jefferson County WA Auditor's Office - Donna Eldridge, Auditor 11111 16ti i II:1l il+IJi I+i1' rgitrii'i!I+"Ji MI"111111 When recorded return to: Jefferson County Excise Tax Jim Fannin Aft # 1 1 8 8 0 7 706S56ihAve _Date �jII ( 020� Tax a c Yakima WA 98908 By • atc. . • Deputy Treasurer RE: 78528 ' *THIS DOCUMENT IS BEING RE-RECORDED TO CORRECT THE LEGAL DESCRIPTION* Document Title: STATUTORY WARRANTY DEED Grantor: SEEMER, WAYNE HENRY Grantee: FANNIN, JIM FAMMIN, CAPRI Legal Description: 11, Blk. 3, Olympic Canal #1 and other property Tax Parcel No.: 980 100 324 r 573607 Page 2 of 4 02/11/201311:38 AM 573097 PGS : 2 SWD 011 i]f301]W:tO P11 ]T].0a JEFFERSON TI•TLyE GO mN[ J.(f•rre"Ganly NR wdrtOt'r 0(110• GG t1drldc.. Audi tor VIIIip111lUIh�1�h1 �Pik IW'iMAN44W'1Nh+I11111 Jefferson County Excise T ,off# ] 18 7 10 pate 1/2'z-+ao►� WREN RECORDED RCI URN TO Tax$ 11°� •1_5o Sari,Amt$3V4 L Nude + CFannin BY S•l-ir« n.i ,y Deputy Treasurer AAddress. 70O A S Stith Avrmte Cey.SI•u.ZIP—Y•1't r VA. 989.•8 7e52e-J7C STATUTORY WARRANTY DEED The GRANTOR,WAYNE HENRY SEEMER, married as his separate estate, for and in consideration of Ten Dollars and other good and valuable consideration in hand paid, conveys and warrants to the GRANTEES,JIM FANNIN and CAPRI FAMJIN, husband and wife, he following described real estate,situated in the County of Jefferson, State of Washington: Lo 11 in Block 3 of Olympic C. : Division No. 1,as per plat recorded in Vo . 4 of Plat Page 33,records of Jeffer•n County,Washington. Tog with the following de, ribed property lying between the • • '1 city and Southerl at lines of said Lot extended Easterly,as conve • •y instrument recorded October 10, '74 under File a.225344,being a portio. . Government Lot 4,Section 21,Township orth,Ran: 2 West,W.M.; Beginning at the • heaste y corner of Lot , s lock 3,said Olympic Canal Addition Thence North 8097'00.4741:M -• Hy extension of the Northerly line of said Lot 12,a distance of 35.1 I► Thence South 31 1, ( " 9 : •istance of 55.00 feet, Thence o the Sout asterly •rner of said Lot 12; ce North along the t asterly lin• 1 f said Lot 12 to the Point of Beginn . (Parcel No.980100324) THIS DOCUMENT IS BEING RE—RECORDED TO CORRECT THE LEGAL DESCRIPTION SUBJECT TO: Real property taxes and assessments for the year 2013 and subsequent years. SUBJECT TO: Right of the public to make necessary slopes for cuts or fills upon said premises in the original reasonable grading of streets,avenues,alleys and roads,as dedicated in the plat. SUBJECT TO: Right to continue to drain said roads and ways over and across any lot or lots where water might take a natural course, in the original reasonable grading of the roads and ways,as shown on the face of said plat. SUBJECT TO: Restrictions,conditions,dedications,notes,easements and provisions contained and/or delineated on the face of the plat recorded under Jefferson County Recording No. 175276. SUBJECT TO: Provisions of the articles of incorporation and by-laws of the Olympic Canal Maintenance Company and any tax, fee, assessments or charges as may be levied by said association. Recorded under Auditor's File No. 380556 and amended by Auditors File Nos. 432560 and 567981. SUBJECT TO: Restrictive Covenant and the terms and conditions thereof recorded April 27, 2001 under Recording No.443080. SUBJECT TO: Matters set forth in deed from Richard A.Clifford,as trustee,as follows: Grantees covenants and agree that the above described real estate shall be subject to the charges and assessments as provided for in and for the purposes set forth in the articles of incorporation and the by-laws of the Olympic Canal Maintenance Co., a non-profit, non-stock Washington corporation,and that said corporation shall have a valid first lien against the above described real estate for said charges and assessments levied by said corporation shall not be paid within 4 months after they shall become due and payable, the said corporation may proceed by appropriate action to foreclose its lien together with such sum as the court may adjudge reasonable attorney's fees in such action. The grantees hereby acknowledge receipt of said 573607 Page 3 of 4 021111201311:38 AM 673097 Page 2 of 2 01!221201303:46 PM articles of incorporation and by-laws of the Olympic Canal Maintenance Co.This provision is a covenant running with thc land and is binding the grantees,their heirs,successors and assigns. Subject to: (a)Restrictions,reservations and easements of record and as shown on the face of the recorded plat. (b)Use of said property for residential purposes only. SUBJECT TO: 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 thc premises subject to such submergence) SUBJECT TO: Right of the State of Washington in and to that portion, if any,of the property herein described which lies below the line of ordinary high water of the Hood Canal. SUBJECT TO: Terms, provisions and reservations under the Submerged Land Act (43 U.S.C.A.Sections 130I through 1311)and the rights of the United Stales of America to regulate commerce,navigation,flood control,fishing and production of power. DATED:January 1b4, 0l3. U . sync henry Securer STATE OF WASHINGTON COUNTY OF I(j h g rs On this day personally appeared before me WAYNE HENRY SEEMER,to me known to be the individual described in and who executed the within and foregoing instrument,and acknowledged that he signed the same as his free and voluntary act and deed,for the uses and purposes therein mentioned. GIVEN under my hand and official seal this t it day of January,2013. `N �dt B E �,, . NOTARY PUBLIC in and for the State of Washington, �0rasaion •.`, � Residing at ('jt'4Jyldhar +{ _ �lrr 2 My appointment expires 0 1)% )cJ' No L Name Commissioned , r„ Public tt.cpz; rc: i� �i .°r/19 f10•„J"NO``� % �BofW �`N ,..,,,, • r. • . 4 • f I C r4 • "r . I,Donna M.Eldridge,Auditor of Jefferson County.Washington.do herby ecnify fJ c. •• that this instrument,is a full,truc and coned copy of the record on file in my �+ r •office.WITNESS my hand and official sal this 4th day of February.2011 S f /N I. Nonna M.Eldridge -'1 (� r j, :ay 1 ��� Depot• p ••� • Fors Townsend.Washington r,)V ory 1LQ• 573607 Page 4 of 4 02/11/201311 :38 AM EXHIBIT A Lot 11 in Block 3 of Olympic Canal Division No. 1, as per plat recorded in Volume 4 of Plats, page 33,records of Jefferson County, Washington; Together with the following described property lying between the Northerly and Southerly lot lines of said Lot 11 extended Easterly,as conveyed by instrument recorded October 10, 1974 under File No. 225344, being a portion of Government Lot 4, Section 21,Township 25 North. Range 2 West, W.M.: Beginning at the Northeasterly corner of Lot 12, Block 3, said Olympic Canal Addition No. I; thence North 80° 17' 00" East along the Easterly extension of the Northerly line of said Lot 12,a distance of 35.00 feet; thence South 31°04'04" East a distance of 90.00 feet;thence South 25° 02' 21" West a distance of 87.14 feet; thence North 83° 33' 53" West a distance of 35.00 feet to the Easterly corner common to Lots 10 and 11,said Block 3, in said Olympic Canal Addition No. 1. Situate in the County of Jefferson, State of Washington. Pagc LPB-2O • Jefferson County Excise Tax ( I) II 1111 II I 1 467075 Aft # 0 9 6 $ 5 4 Date 3-f8 0: ,.tr.raun qtr �p JI�IEA II TITLE lll CI II 07/10/2000304 04P Tax$ 62,5OO°-9 Saleb Amt$ By L4_L J Deputy Treasurer AFTER RE ORDING MAIL TO: Name Address Jefferson County Escrow P. 0. Dint 00 City.State,zip Brinnon, WA 98320 Filed for Record at Request of R-61378 STATUTORY WARRANTY DEED THE GRANTOR S Edith Gingrich and Donna Hawkins, as to an undivided interest each. For and in considerationof One dollar and other val -e cdnsideSration in hand aid,conve conveys, Capri Fannin P Y Jim Fannin ht band and wife the following described real estate,situated in the County o fereon ,state of Washington: Abbrev: Legal Description: Lot 12, Block 3 of Olympic Canal Addition Div. 1, as recorded in Vol. 4 of Plats, page 33 records of Jefferson County, Wa.. Together with ptn. Gov. lot 4 Sec. 21, Twp. 25 N. Range 2 WWM.. Legal Description is attached hereto on page 2 attached hereto and incorporated herein by this reference. Assessor's Property Tax Parcel/AccountNumber: 980 100 309 Dated th day of March, 2003 l ?•tc�� By By • - .Z,,. i.ar . • By STATE OF i i,i .i a di COUNTY OF \-�QJL ' }SS I certify that I know or have satisfactory evidence that Edith Gingrich and Donna Hawkins are the person s who appeared before me,and said person 8 acknowledged that the y signed this instrument and acknowledged it to be v.v.; - free and voluntary act for the uses and purposes mentioned in this instrument. Date /,27, �a�3 • ,` Notary Public in d for the State ofi7i� ,sJ tt,,,,,,,r�T� .,. Residing at .,� ' I ice dr . Q,,r My appointment expires: 7 tkoTARy _ y,'-:PUBLIC e was,' ' � "',,n, LPB-I0(i) 11/96 t T 111111111111 III 11I 467075. 2of 2 4R Jdhrmn County, 41R JEFFERSON TITLE CO I SID 20.00 LEGAL DESCRIPTION: Lot 12, Block 3 of Olympic Canal Addition, Division I, as recorded in Volume 4 of Plats, page 33, records of Jefferson County, Washington; TOGETHER WITH the following described property, being a portion of Government Lot 4 in Section 21, Township 25 North, Range 2 West, W.M., beginning at the Northeasterly corner of Lot 12, Block 3, said Olympic Canal Addition No. 1; thence North 80° 17' 00" East along the Easterly Extension of the Northerly line of said Lot 12, a distance of 35.00 feet; thence South 31° 04' 04" East a distance of 55.00 feet; thence West to the Southeasterly corner of said Lot 12; thence North along the Easterly line of said Lot 12 to the point of beginning. Situate in the County of Jefferson, State of Washington. SUBJECT TO: Easement 5 feet in width along all interior lot lines for drainage and utility purposes , as dedicated in the plat. The right of the public to make all necessary slopes for cuts and fills upon the lots shown on said plat in the reasonable original grading of the streets shown thereon; also the right to drain all streets over and across any lot or lots where water might take a natural course after the streets are graded, all as dedicated in the plat. Restrictions contained in said plat as follows: No access is to be provided to Lots 2, 3, 4, 5 and 6, Block 1, from State Road No. 9. All building construction to have minimum lot line clearance of 20.00 feet from front line, 5.00 feet from side lines, and 25.00 feet from rear lines, unless superseded by county zoning laws. Covenants regarding charges and assessments and restrictions • contained in deed from Richard A. Clifford, trustee, as follows: Grantees covenant and agree that the above described real estate shall be subject to the charges and assessments as provided for in, and for the purposes set forth in the Articles of Incorporation and the By-Laws of the Olympic Canal Maintenance Co., a non-profit , non-stock Washington corporation, and that said corporation shall have a valid first lien against the above described real estate for said charges and assessments; and, in addition to the remedies set • forth in said Articles of Incorporation and By-Laws, that if said charges and assessments levied by said corporation shall not be paid within four (4) months after they shall become due and payable, then said corporation may proceed by appropriate action to foreclose its lien together with such sum as the court may adjudge reasonable attorney's fees in such action. The Grantees hereby acknowledge receipt of copies of said Articles of Incorporation and By-Laws of the Olympic Canal Maintenance Co. This provision is a covenant running with the land and is binding on the grantees, their heirs, successors and assigns. SUBJECT TO: (a) Restrictions, reservations and easements of record and as shown on the face of said plat. (b) Use of said property for residential purposes only. Bylaws of Olympic Canal Maintenance Company, recorded April 10, 1995 and April 5, 2000 under Auditor's File No. 380556 and 432560 records of Jefferson County, Washington. RIGHTS OF THE UNITED STATES AND THE STATE OF WASHINGTON to regulate the use or occupancy of that portion of the land lying below the line of the mean high tide. Rights and easements of the public for commerce, navigation, recreation and fisheries. Restrictive Covenants imposed by instrument recorded on April 27, 2001, under Recording No. 443080. 1 • • t • PLEASE REtuRN TOO DLytn1C CANAL P6OPERTLE6 CO. RE�CIOEOIkPotV.4E _ 23rd Floor - Pacific Building Ci ifFlCld 720 third Avenue fECOROT�,-Cf� Steattle, Washington 90104 11-5080/160)Y' 225344 Mom ono= to, PH 7: us COLT CLAIM DEED Ef'f'1.L�yytE. p� y��/� FT.. THE GRANTOR. RICHARD A. CLIFFORD, TRUSTEE yOR:OLYMP[L - ' :_rr'tu6_ronnY ?O CANAL PROPERTIES CO., for and in consideration of Tan Dollars and - ochss good and valuable consideration. conveys end quit clilre to the owners of record, [halt euccesars or assigns, of the following described property& Lot 1, Block 3, Olympic Canal Addition No. 1 Lot 2, Block 3, Olympic Canal Addition No. 1 Lot 3, Block 3, Olympic Canal Addition No. 1 Lnt 4, Block 3, Olympic Canal Addition No. I Lot 3, Block 3, Olympic Canal Addition Mo. I Lot 6, Block 3, OLyeplc Canal Addition No. 1 Lot 7. Block 3. Olympic Canal'Addition No. 1 Lot 8, Block 3, Olympic Canal Addition No. 1 Lot 11, Block 3. Olympic Canal Addition No. Lot l2, Block 3, Olympic Canal Addition No. 1 Lot 16, Block 3, Olympic Canal Addition No. 1 Lot 17, Block 3, Olympic Canal Addition No. 1 Lot 18, Block 3, OLyapie Canal Addition No. 1 Lot 19, Block 3, Olympic Canal Addition No. 1 Lot 20, Hoek 3, Olympic Canal Addition No. 1 Lot 21. Block 3, Olympic Canal Addition No. 1 Lot 22, Block 3, Olympic Canal Addition No. 1 Lot 23, Block 3, Olympic Canal Addition No. 1 Lot 24, Block 3, Olympic Canal Addition Mo. 1 Lot 23, Block 3, Olympic Canal Addition No. 1 all in Olympic Canal Addition No. 1, as recorded to Volume 4 of Plata, Papa 33 and'34, records of Jefferson County, Washington, the following described rut estate, situated in the County of Jefferson, Btata of Washington, together with all after acquired title of the grantor thareint All that portion of Government Lot 4 and Government Lot 3. Section 21, Township 23 North, Rang* 2 West, W. M., letterman County, Washington; TOGETHER with tidelands of the second close formerly woad by the Stets of Washing- ton, situate in front of, adjacent to or abutting upon that portion of said Covernmant Lot S; and TOGETHER with Lot 2 of Tract 2 of the resurvey of Washington State Oyster Meares (Duckabuehl lying easterly and southerly of Olympic Canal Addition No. 1 ar'rlcorded in Volume 4 of Plats, Page. 33 and 34, records of Jaifepson County. Washington, more partioilaoly dorribed as follows; -- _ - . 1. Mginninl at the most southerly corner dt Lot 1, maid Block 3 of maid Olympic Carrel Addition No, 1; thence south 20 24' 12" welt along the southerly extension of the west line of said Lot 1, • distance of 70.56 fest; thanes north 720 00' CO" east • distance of 213.44 festn A MASON Cumuli EXCISE TAXI Alt No. d 71-11$ , Dab Paid"r/al.•6mL VOL 55'krli J By__ .j r Oct. 10, 1924't ■ l if, . • 1 A• • 1 • theme* aorth 71° 13' g0" mast • dletenu of 163.00 feet; thence south 80 08' g2" moat a dietante of 62.56 feet; thence north 71 13' 00" east a enamel. of 110.00 feet; thence notch 4d° 34' 59" east • die- . teoce of 104.34 feet; thence north 18° 45' 00" west • distance of 43.00 feet; to the most southeieterly ' Corner of Lot 8, said block 3 of said Olympic Canal Addition No. I. 2. Beginning at the northeasterly rococo of Lot 12, ' Block 3. said Olympic Canal Addition No. l; thence north 90° 17' DO" east alone the easterly extension of the northerly line of said Lot 12, a distance of 33.00 foot; thence south 31° 04' 04" east • distance of 90.00 feet; thence south 23°02' 11" rest • dla- • tance of 87.14 toot; thence north 83 33' 53" west • Sistine° of 33.00 feet to the easterly corner common to Lots 10 and 11, geld Block 3, Ln old Olympic Canal Addition No. 1. 3. Beginning at the northeasterly corner of Lot 25, Black 3, sold Olympic Canal Addition No. 1; thence north BO° 17' 00" east on the easterly extenaiom of the northerly line of sold Lot 23 • distance of 15.00 teat; ;hone° south 9° 43' 00" east • distance of 355.00 feet; thence south 23° 32' 37" east •distance of 201.19 feet to the easterly corner common to Lou 15 and 16, In sold , Block 3, Myopic CansI Addition No. 1. Individual conveyance le made on the beets of extending the side lot linos through the armo described. Dated this 1 1 . day of October. 1974. • I •^/ w • • NAND A. CLtF 0 RUST, I STASI or WASHINGTON ) so COUNTT 01 KING ) Om this day personally appeared before me NICNAND A. CLIFFORD, I. to me known to be the individual described in and who executed the within ! and foregoing instrument and acknowledged that he signed the ear a his 1111 from and voluntery act and deed for the uses aqd purposes therein mentioned. OI96M under my hand and official seal Chi. !,L day of October, 1974. / �'..d A y e 'MOTABT 90IC t444 . Stott hn of Washington, tpit - r .?t i o.. rot 55 '‘.+118 0c1. 10, 1974 1 '. ii �NI ' ' 1�N�I lilt 07!2012004 07:27P Jefferson County, WA J[1:FLR$ON 717LE CO I COY 21.00 Jefferson County Department of Community Development Development Review Division 621 Sheridan Avenue Port Townsend,WA 98368 DECLARATION OF RESTRICTIVE COVENANT Grantors: J ire\. Fan•. Grantee: Jefferson County Department of Community Development Jefferson County Health&Human Services 1 1JS DF LARATION is made and entered this J-t day of •4.\ ,2004,by ¶J rlerC^ ,herein er referred to as "Owner(s)," the legal and equitable owner(s)of the real property described herein. A.RECITALS 1. Legal Description: This Restrictive Covenant shall affect and restrict the real property("the property")legally described as follows: Parcel Number qBO f too 3o9 ►top ri O tdJ 2.05 Section 21 Township 25 P4 Range 02. Subdivision C/1_51 e t e- chtJACt.. a4ph ttteat1 Block 2 / tai S Asualaaic3Lot$ 12 o. c4 2. Building Permit Application.The Owner(s)have applied or will apply for a building permit through the Jefferson County Department of Community Development("the County")and/or an on-site sewage permit through the Jefferson County Health&Human Services("Health Department")to make certain improvements upon the above-described property. 3. Purpose. For purposes of complying with the County's building and land use codes and ordinances, as well as the Health District's minimum land area for issuance of an on-site sewage permit per WAC 246- 272,the Owner(s)desire to treat all of the above-described property as one building tract,and in particular, desires to do so for the purpose of constructing a s&11...1( R. $ Lbbt't_ utilizing an individual on-site sewage disposal system,as required by county code and/or state health regulations. Reurkeir.C.vn..t rose 1 .t 3 IflIffU1tiiiIl11 11II 85 31.6 7 . J. 07/29/ Jefferson County, 4R ',OTTAWA Till.[ COI COV 21 01;27P 4. Assurance to County. The Owner(s)desire to assure the County that the property described above shall be and remain as one building tract for purposes of improvements to be constructed upon the property; NOW, THEREFORE, in consideration of the benefits derived by this Restrictive Covenant,the Owner(s)declare,covenant and agree as follows: B. COVENANT 1. Specific Restriction and Covenant. The property described above, shall constitute a single building site, and no lot or lots or any part thereof shalt be transferred or conveyed in any manner unless and until the building(s),structure(s)or on-site sewage disposal provisions are made to conform to the then-existing zoning provisions on a reduced site. This restrictive covenant shall not be removed unless such an action is approved by the County and the Health Department. 2. Covenant Running with the Land. This restrictive covenant affects and restricts the described property and shall be construed as a covenant running with and touching and concerning the land and inuring to the benefit of the Owner(s), the public generally, and the County. 3. Binding upon Successors and Assigns.This restrictive covenant shall bind and restrict the land, the Owner(s),their heirs,grantees, successors and assigns. 4. Recording. Upon its execution,this Declaration shall be recorded with the Jefferson County Auditor. All contracts and deeds or other instruments of conveyance relating to the property or any part thereof shall contain reference to this covenant. 5. Enforcement. In addition to any other party having a legal right to enforce this covenant,the County shall have the right to enforce and compel compliance with this covenant,including all remedies available at law and equity. The County shall have the right in any such proceeding to recover its attorney fees and costs. 6. Compliance with Code Requirements. This Declaration does not amend or modify,nor is it intended to amend or modify any requirements of the County's ordinances or any other law or regulation dealing with or affecting the use of land or construction of improvements upon lands. 7. Estoppel.The Owners by this Declaration specifically estop themselves and all of their successors and assigns and all persons presently or hereafter having any interest in the property from asserting or contending in any manner that this restrictive covenant is not a full and adequate covenant running with the land and binding upon the property. 8. Severance. Invalidation of this covenant by judgment or court order shall not affect any of the other covenants which shall remain in full force and effect. NuhicJve Cavesaat Pate 1 of 3 1111111 III Ihll�487500z,P Jefferson County, NR JEFFERSON TITLE COI I COV 21.00 9. Warranty of Authority. The Owner(s)signing below warrant that they are the sole Owners in fee of the real property described above and are authorized to make this Declaration and so bind the property. 10. Governing Law. This RESTRICTIVE COVENANT shall be governed by the laws of the State of Washington. 11. Disclaimer. Since no survey was submitted as part of your Restrictive Covenant,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 grantor's property is, in fact, located wholly or partially upon someone else's property or upon property that is not the subject of this application. But, in the absence of a survey, the GRANTOR bears sole responsibility if such a problem arises. Dated this day of 3�1� ,2 00 .1 Owner STATE OF WASHINGTON) ) ss COUNTY OF JEFFERSON) On this day personally appeared before me, Ct.rne% 1'ce YON. : 41 to me known to be the individual described in and who executed the within and foregoing instrument,and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal this 215 day of -a t X7 2 tot{. ='NNW C �tt �,-05�G�6S�ON ��Q,Q�ft NOTARY PUBLIC in and for the State of Washington residing at NOTARY My commission expires: 4.1—0� 0 rn: . PUBLIC I/ff q' b, tt ¢t ...N� Approv-f . Srh4 7 2-( 01- UDC dministrator �% ate Restrictive Ceveut Page 3 H 3 Page 1 of 1 III II III50998,44 P Ja!ler son Couni, Pod PLO NI OF JEFFERSON N NOT 34.00 WHEN RECORDED RETURN TO Public Utility District No. 1 of Jefferson County P.O. Box 929 Port Hadlock, WA 98339-0929 NOTICE In order to ensure that future owners of the property described below are aware of the following information,this notice is filed against the title of the property. This property requires an alternative technology septic system to serve the waste water need of the homesite. State of Washington Department of Health regulations regarding alternative technology septic systems require that scheduled, periodic monitoring be established,for the life of the sytem In Jefferson County,Public Utility District No.1 (PUD)provides the needed monitoring service as a contract service. A contract exists between JIM FANNIN AND CAPRI FANNIN property owners and the PUD to accomplish this monitoring service. In the event that the need for an alternative technology septic system or the need for the periodic, schedules monitoring is canceled by the State of Washington, this notice shall be null and void. In the event that a general sewer system is installed and serves this property and replaces the alternative technology septic system as the means of treating and/or disposing of the waste water generated upon the property,this notice shall be null and void. LEGAL DESCRIPTION PARCEL #980-100-309, OLYMPIC CANAL ADDITION BLK 3, LOTS 12 & TLLFRTG,SECTION 21,QTR SECTION SE`/.,TOWNSHIP 25 NORTH,RANGE 02 WEST,W.M.JEFFERSON COUNTY,WASHINGTON AUTHORITY By action of the Board of Commissioners of Public Utility District No. 1 of Jefferson County By Resolution adopted May 6, 1992. �; am-s G. P'e , Manager STATE OF WASHINGTON ss COUNTY OF JEFFERSON) I acknowledge that James G.Parker appeared before me and signed this notice for the provision of Municipal Oversight for an On-Site Septic System on this day. ........ Dated Z c m r}R, co L 15CN$4./y 11 `. J�Chl �OTA/p •. II Notary P blic in and for the State of • P * Washington, residing in Port Hadlock•,o�tt� My Appointment expires 07-11-2006 IIIp' ,t• .NG\s Notary Seal: L.S. 1�`WA IIIII IIII IIIiIII II I I III II JI I III I III 542,262380 Jefferson County Pod NFTCOLITC nr 55 00 ALS,Kacorrj%ti Re+i.rnt0: Vantage Pottiit 28100 US 19 N.Ste 200 Clearwater,FL 33761 Preizo.r.ri mhislittemusieutormftt COUNTRYWIDE BANK, FSB MS SV-79 DOCUMENT PROCESSING P.O.Box 10423 Van Nuys, CA 91410-0423 Assessor's Parcel or Account Number. 980 100 309 Abbreviated Legal Description: LT 12,BLK 13,OLYMPIC CANAL ADD el (Include lot,block and plat or section,township and range/ Full legal description located on page 3 Trustee: LANDSAFE TITLE OF WASHINGTON y Wig-I05--7$•bl Additional Grantees located on page /Space Above This Line For Recording Dotal 73550 - VWA105783173550 00020261585303009 (Escrow/Closing el (Doc ID Al DEED OF TRUST • lX 3 W 0 U MIN 1001337-0003487956-2 • DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18,20 and 21.Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument"means this document, which is dated MARCH 30, 2009 , together with all Riders to this document. (B) "Borrower"is JIM FANNIN, AND CAPRI FANNIN, HUSBAND AND WIFE • Borrower Is the tmstor under this Security Instrument. (C) "Lender"is COUNTRYWIDE BANK, FSB WASHINGTON-Single Family-Fannie Ma&Freddla Mac UNIFORM INSTRUMENT(MERS) Form 3048 1101 MERS Deed or Trust-WA 2006A-WA(08(08)(d/i) Page 1 of 11 IIIIIII LI 1)d • 2 5 9 9 1 ' ' 2 0 2 8 1 5 8 6 3 0 0 0 0 0 2 0 0 6 A ' IIIi 1111111111111IIIIIIIII 1IIIIIII III5;4?Z6ZaaA Jefferson County Crd NETCD/JTC DT 66.80 DOC ID It: 00020261585303009 Lender is a FED SVGS BANK organized and existing under the laws of THE UNI TED STATES .Lender's address Is 1199 North Fairfax St. Ste.500, Alexandria, VA 22314 (D) "Trustee"is LANDSAFE TITLE OF WASHINGTON 2707 COLBY AVE SUITE 1118, EVERETT, WA 98201 (E) "MFRS"is Mortgage Electronic Registration Systems,Inc.MERS is a separate corporation that is acting solely as a nominee for Lender and Lenders successors and assigns. MERS is the beneficiary under this Security Instrument.MERS is organized and existing under the laws of Delaware,and has an address and telephone number of P.O.Box 2026,Flint,MI 48501-2026,tel.(888)679-MERS. (F) "Note" means the promissory note signed by Borrower and dated MARCH 30, 2009 . The Note states that Borrower owes Lender ONE HUNDRED SIXTY TWO THOUSAND and 00/100 Dollars(U.S.$ 162,000.00 )plus Interest.Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than APRIL 01, 2039 (C) "Property" means the property that Is described below under the heading "Transfer of Rights in the Property." (H) "Loan"means the debt evidenced by the Note,plus Interest,any prepayment charges and late charges due under the Note,and all sums due under this Security Instrument,plus interest. (1) "Riders"means all Riders to this Security Instrument that are executed by Borrower.The following Riders are to be executed by Borrower(check box as applicable]: ❑ Adjustable Rate Rider ❑ Condominium Rider © Second Home Rider ❑ Balloon Rider ❑ Planned Unit Development Rider ❑ 1-4 Family Rider ❑ VA Rider ❑ Biweekly Payment Rider ❑ Other(s)(specify) (J) "Applicable Law"means all controlling applicable federal,state and local statutes,regulations,ordinances and administrative rules and orders(that have the effect of law)as well as all applicable final,non-appealable judicial opinions. (K) "Community Association Dues,Fees,and Assessments" means all dues,fees, assessments and other charges that are Imposed on Borrower or the Property by a condominium association,homeowners association or similar organization. (L) "Electronic Funds Transfer"means any transfer of funds,other than a transaction originated by check, draft,or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer.or magnetic tape so as to order, instruct. or authorize a financial institution to debit or credit an account.Such term Includes,but Is not limited to.point-of-sale transfers.automated teller machine transactions, transfers initiated by telephone,wire transfers,and automated clearinghouse transfers. (M) "Escrow Items"means those items that are described in Section 3. (N) "Miscellaneous Proceeds"means any compensation,settlement,award of damages,or proceeds paid by any third party(other than insurance proceeds paid under the coverages described in Section 5)for:(I)damage to. or destruction of, the Property: (ii) condemnation or other taking of all or any part of the Pro (iii)conveyance in lieu of condemnation:or (iv) misrepresentations of,or omissions as to. the value and/or condition of the Property. (0) "Mortgage Insurance"means Insurance protecting Lender against the nonpayment of,or default on,the Loan. (P) "Periodic Payment"means the regularly scheduled amount due for(i)principal and interest under the Note,plus(11)any amounts under Section 3 of this Security Instrument. (Q) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation,Regulation X(24 C.F.R.Part 3500).as they might be amended from time to time,or any additional or successor legislation or regulation that governs the same subject matter. As used In this Security Instrument, "RESPA" refers to all requirements and restrictions that are Imposed in regard to a "federally related mortgage loan"even if the Loan does not qualify as a"federally related mortgage loan"under RESPA. (R) "Successor in Interest of Borrower"means any party that has taken title to the Property,whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY The beneficiary of this Security Instrument Is MERS(solely as nominee for Lender and Lender's successors and assigns)and the successors and assigns of MERS.This Security Instrument secures to Lender:(I)the repayment of the Loan,and all renewals,extensions and modifications of the Note;and(ii)the performance of Borrower's covenants and agreements under this Security Instrument and the Note.For this purpose,Borrower Irrevocably WASHINGTON—Sing!e Femiy--Famly Mae/Freddie Mac UNIFORM INSTRUMENT(MFRS) Form 3048 1/01 MERS Deed of Trust-WA 2006A-WA(08108) Page 2 of 11 - _ 10111111i1111111111111111111! S IZaan J.Eferson County Pod NETCO/JTC OT 56 00 DOC ID 8: 00020261585303009 grants and conveys to Trustee. in trust,with power of sale, the following described property located In the COUNTY of JEFFERSON frype of Recordinglurisdidionl (Name of Recording Jurisdlcnoni Lot 12, Block 3,Olympic Canal Division I, according to the Plat thereof filed in Volume 4 of Plats page 33,records of Jefferson County,Washington; Together with the following described property,being a portion of Government Lot 4,Section 21, Township 25 North,Range 2 West,W.M.;Beginning at the northeasterly corner of Lot 12,Block 3, said Olympic Canal Addition No. I; Thence North 80° 17' 00" East along the Easterly extension of the Northerly line of said Lot I2,a distance of 35.00 feet;Thence South 31°04'04" East a distance of 55.00 feet;Thence West to the Southeasterly corner of said Lot 12;Thence North along the Easterly line of said Lot 12 to the Point of Beginning; Situate in the County of Jefferson,State of Washington. which currently has the address of 161 CANAL LN, BRINNON [Street/OA Washington 98320-9512 ("Property Address"): [Zip Cede! TOGETHER WITH all the improvements now or hereafter erected on the property,and all easements, appurtenances,and fixtures now or hereafter a pan of the property.All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument,but,If necessary to comply with law or custom,MERS(as nominee for Lender and Lender's successors and assigns)has the right:to exercise any or all of those interests,including,but not limited to,the right to foreclose and sell the Property;and to take any action required of Lender including, but not limited to,releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record,Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS.Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3,Payments due under the Note and this Security Instrument shall be made in U.S.currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid.Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made 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 (d)Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions In Section 15.Lender may return any payment or partial payment if the payment or partial payments are Insufficient to bring the Loan current. Lender may accept any payment or partial payment Insufficient to bring the Loan current,without waiver of any rights hereunder or prejudice to Its rights to refuse such payment or partial payments in the future. but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment Is applied as of its scheduled due date,then Lender need not pay interest on unapplied funds.Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current.If Borrower does not do so within a reasonable period of time,Lender shall either apply such funds or return them to Borrower.If not applied earlier,such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure.No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds.Except as otherwise described In this Section 2,all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note;(b)principal due under the Note;(c)amounts due under Section 3.Such payments shall be applied to each Periodic Payment In the order In which it became due. Any remaining amounts shall be applied first to late WASHINGTON—Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT(MERS) Form 3098 1/01 MERS Decd of Trust-WA 2006A-WA(08108) Page 3 et 11 11III�III111111 II 1111 31111 5422f 13 Jsirarson Cants Dud NETCO/JTC DT 55.00 DOC ID #: 0002 02615853 030 09 charges,second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due,the payment may be applied to the delinquent payment and the late charge.If more than one Periodic Payment Is outstanding,Lender may apply any payment received from Borrower to the repayment of the Periodic Payments If,and to the extent that,each payment can be paid in full.To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments,such excess may be applied to any late charges due.Voluntary prepayments shall be applied first to any prepayment charges and then as described In the Note. Any application of payments,insurance proceeds,or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date,or change the amount,of the Periodic Payments. 3. Fends for Escrow Items.Borrower shall pay to Lender on the day Periodic Payments are due under the Nate.until the Note is paid in full,a sum(the"Funds")to provide for payment of amounts due for:(a)taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property;(b)leasehold payments or ground rents on the Property,if any:(c)premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10.These Hems are called"Escrow Items."At origination or at any time during the term of the Loan,Lender may require that Community Association Dues,Fees and Assessments,if any,be escrowed by Borrower,and such dues, fees and assessments shall be an Escrow Item.Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items.Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time.Any such waiver may only be in wilting.In the event of such waiver,Borrower shall pay directly,when and where payable,the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require.Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained In this Security Instrument,as the phrase"covenant and agreement"is used In Section 9.If Borrower is obligated to pay Escrow Items directly,pursuant to a waiver,and Borrower fails to pay the amount due for an Escrow Item,Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be nbligated under Section 9 to repay to Lender any such amount,Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 arid. upon such revocation.Borrower shall pay to Lender all Funds,and in such amounts.that are then required under this Section 3. Lender may,at any time,collect and hold Funds in an amount(a)sufficient to permit Lender to apply the Funds at the time specified under RESPA,and(b)not to exceed the maximum amount a lender can require under RESPA.Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise In accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency,instrumentality,or entity(including Lender,if Lender is an institution whose deposits are so insured)or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds,annually analyzing the escrow account,or verifying the Escrow Items,unless Lender pays Borrower Interest on the Funds and Applicable Law permits Lender to make such a charge.Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds,Lender shall not he required to pay Borrower any interest or earnings on the Funds.Borrower and Lender can agree In writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower,without charge,an annual accounting of the Funds as required by RESPA. If there Is a surplus of Funds held in escrow,as defined under RESPA,Lender shall account to Borrower for the excess funds In accordance with RESPA.If there Is a shortage of Funds held in escrow,as defined under RESPA, Lender shall notify Borrower as required by RESPA,and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA,but in no more than 12 monthly payments.If there is a deficiency of Funds held in escrow,as defined under RESPA,Lender shall notify Borrower as required by RESPA.and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA,but in no more than 12 monthly payments. Upon payment in full of all suns secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument,leasehold payments or ground rents on the Property,If any,and Community Association Dues,Fees,and Assessments, If any.To the extent that these times are Escrow Items,Borrower shall pay them in the manner provided In Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower.(a)agrees In writing to the payment of the obligation secured by the lien In a manner acceptable to Lender,but only so long as Borrower is performing such agreement; (b)contests the lien in good faith by,or defends against enforcement of the lien in,legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending,but only until such proceedings are concluded;or (c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security WASHINGTON.-Single Family--Fannle Mao/Freddie Mar UNIFORM INSTRUMENT(MERS) Form 3048 1/01 MERS Deed of Trust.WA 2006A.WA(O8r0e) Page 4 0111 ITrullIII IIIII/IIIIII/I II IIIll!IIIIIIJIII11111IIIIIII!r!".26 6Z38 DT 65.00 DOC ID 8: 00020261585303009 Instrument.If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument,Lender may give Borrower a notice identifying the lien.Within 10 days of the date on which that notice Is given,Borrower shall satisfy the lien or take one or more of the actions set forth above In this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance.Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards Included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires.What Lender requires pursuant to the preceding sentences can change during the term of the Loan.The insurance carrier providing the Insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice,which right shall not be exercised unreasonably.Lender may require Borrower to pay.In connection with this Loan,either:(a)a one-time charge for flood zone determination,certification and tracking services:or(b)a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification.Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above,Lender may obtain insurance coverage, at Lender's option and Borrower's expense.Lender is under no obligation to purchase any particular type or amount of coverage.Therefore, such coverage shall cover Lender,but might or might not protect Borrower, Borrower's equity in the Property,or the contents of the Property,against any risk,hazard or liability and might provide greater or lesser coverage than was previously In effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of Insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 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. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies,shall include a standard mortgage clause,and shall name Lender as mortgagee and/or as an additional loss payee.Lender shall have the right to hold the policies and renewal certificates.If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices.if Borrower obtains any form of insurance coverage,not otherwise required by Lender,for damage to,or destruction of,the Property,such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender.Lender may make proof of loss if not made promptly by Borrower.Unless Lender and Borrower otherwise agree in writing, any insurance proceeds,whether or not the underlying insurance was required by Lender, 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 insurance 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 disburse proceeds for the repairs and restoration In a single payment 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 insurance proceeds,Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters,or other third parties,retained by Borrower shall not be paid out of the Insurance proceeds and shall be the sole obligation of Borrower.If the restoration or repair is not economically feasible or Lender's security would be lessened, the Insurance 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 insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property,Lender may file,negotiate and settle any available insurance claim and related matters.If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may negotiate and settle the claim.The 30-day period will begin when the notice Is given.In either event,or If Lender acquires the Property under Section 22 or otherwise,Borrower hereby assigns to Lender(a)Borrower's rights to any Insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument,and(b)any other of Borrower's rights(other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property.Insofar as such rights are applicable to the coverage of the Property.Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument,whether or not then due. 6. Occupancy.Borrower shall occupy,establish,and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy,unless Lender otherwise agrees in writing,which consent shall not be unreasonably withheld,or unless extenuating circumstances exist which are beyond Borrower's control. WASHINGTON--Single Family--Fannie MaolFreddie Mac UNIFORM INSTRUMENT(MFRS) Form 3048 1(01 ME RS Deed or Trust-WA 2006A-WA(08108) Page 5 o111 1 � 1111111111111111111111111111111111542262 Page- 6 ef 13 06/16/2009 10 30n Jefferson County And NETCO/JTC DT 55.00 DOC ID t<: 00020261585303009 7. Preservation, Maintenance nod Protection of the Property; Inspections. Borrower shall not destroy, damage or Impair the Property,allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property,Borrower shall maintain the Property In order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it Is determined pursuant to Section 5 that repair or restoration is not economically feasible,Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage.If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property,Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes.Lender may disburse proceeds for the repairs and restoration In a single payment or In a series of progress payments as the work is completed.If the Insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower Is not relieved of Borrowers obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and Inspections of the Property.if it has reasonable cause,Lender may Inspect the interior of the Improvements on the Property.Lender shall give Borrower notice at the time of or prior to such an Interior inspection specifying such reasonable cause. S. Borrower's Loan Application.Borrower shall be in default if,during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false,misleading,or inaccurate information or statements to Lender(or failed to provide Lender with material information)In connection with the Loan.Material representations include,but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument.If (a)Borrower fails to perform the covenants and agreements contained In this Security Instrument,(b)there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument(such as a proceeding in bankruptcy,probate,for condemnation or forfeiture,for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations),or(c)Borrower has abandoned the Property,then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument,including protecting 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:(a)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. ID, 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 front time to time,and may enter into agreements with other parties that share or modify their risk,or reduce losses.These agreements are on WASHINGTON—Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT(MERS) Form 3045 MI MERS Deed d Trost-WA 2006A-WA(OC1Oa) Page 6011 Parer. 7 at 13 11111111111111111111111 1111542261238a Jef lair son County Dud NETCO/JTC DT 55.00 DOC ID if: 00020261585303009 terms and conditions that are satisfactory to the mortgage Insurer and the other party (or parties) to these agreements.These agreements may require the mortgage 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: (a) 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 inunediately before the partial taking,destruction,or 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 judgment,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 Judgment,precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights wider 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.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 WASHINGTON--Single Family—Fannie MaelFreddle Mac UNIFORM INSTRUMENT(MFRS) Form 30481101 MERS Deed of Trust-WA 2006A-WA(0810w Page 7 411 1111111111I1 IlJII tiff lIllh IIII IIIIIII ffIIIII)/IIJ 1111.2262 Page 8 of 13 Jefferson County Red NETCO/JTC 04/15,2009 10 3On DT 55.00 DOC ID d: 00020261585303009 in Interest of Borrower.Lender shall not he 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. 13. Joint and Several Liability;Co-signers;Successors and Assigns Boned.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 Lender,shall obtain all of Borrower's rights and benefits under this Security Instrument.Borrower shall not be released from Borrowers 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.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 by mailing it by first class mall 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;Sevenbility;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. As used in this Security Instrument: (a) 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. IS. 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(or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred)without Lender's prior written consent, WASHINGTON•-SIngle Family--Fannie Mee/Freddie Mac UNIFORM INSTRUMENT[MEP Si Form 3048 1101 MERS Deed of Trust-WA 2006A-WA(08/08) Page 8 or 11 III II IIIIIII 111,11 �� IIIIII III 9of1338R Jef feraon County Aud NETC0IJTC DT 55.00 DOC ID Ii: 00020261585303009 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 front 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 judgment 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; (b) 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 mote 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(d) 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 Nate,this Security Instrument,and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a 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 Burrower or Lender has notified the other party (with 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 dine 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 taw, (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 o,hazardous substances 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 or private party Involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b)any Environmental WASHINGTON-Singh)Fatuity-Fannie ManTreddle Mac UNIFORM INSTRUMENT(MERS) Form 30481/01 MERS Deed of Trust.WA 2006A-WA(08/08) Page Ball III II 111111111111 III I 11 ,14.212° 62380. Jefferson County At NETCOI3TC OT 55.00 DCC ID $: 00020261585303009 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 arty governmental or regulatory authority, or any private party, that any removal ur 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. 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 ulberwise). 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 Properly at public auction at a date not less than 120 days in the future.The notice shall further inform Borrower of the right to reinstate after acceleration,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,and any other matters required to be included in the notice by Applicable Law.If the default is not cured on or before the dale 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/or 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 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 lake such action regarding notice of sale and shall give such notices to Borrower and to other persons as Applicable Law may require.After the time required by Applicable Law and after publication 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. Recooveyance.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.Such person or persons shall pay any recordation costs and the Trustee's fee for preparing the reconveyance. 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. 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. WASHINGTON--Single Farily--Fann;e Mae/Freddie Mac UNIFORM INSTRUMENT(MERS) Form 3048 1/01 MERS Deed of Trust-WA 2006A-WA 108/00) Page I0 of 11 _ 11111[11111111111{1111 Ill I111111I1111111II1ie• . ii 23., 3.Har:on County and NETCO/!T6 DT 55.00 DOC ID tl: 00020261585303009 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 Bojrwet a 'corded with it. . (Sealy TIN r / -Borrower (/ r ` l. LO Lu (Seal) CAPR AN IN -Borrower (Seal) -Borrower (Seal) -Borrower STATE OF WASHINGTON County Or ['��� Is: \� On this ab y personally appeared before me FAA_ f(+1✓)Yo h I/ to to me known to be the individual(s)described in and who.executed the within and foregoing instrument,and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed,for the uses and purposes therein mentioned. ,,,,"`� GIVEN under my hand and official seal this 'dN day of yli q,rOH 2(.t�'r rotary public In and for the State of Washington,residing al liseory Pubic OMB d IMt10E`Y l h * -° y Appointment Expires on O\—O\- wr Appoinu tart Esping Ja 1,1012 WASHINGTON—Single Famay--Fannie Mae/Freddio Mac UNIFORM INSTRUMENT(ME RS) Form 3046 1/01 MERS Deed of True-WA 2006A-WA(06/08) Page 11 of 11 II 111111111111111111 Ills 111154226?aaa Jefferson County Rud NETCO/JTC DT 55.00 SECOND HOME RIDER VWA105783173550 00020261585303009 [Escrow/Closing #] [Doc ID #1 THIS SECOND HOME RIDER is made this THIRTIETH day of MARCH, 2009 .and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the 'Security Instrument") of the same date given by the undersigned (the "Borrower"whether there are one or more persons undersigned)to secure Borrower's Note to COUNTRYWIDE BANK, FSB (the`Lender")of the same date and covering the Property described in the Security Instrument (the"Property'), which is located at 161 CANAL LN BRINNON, WA 98320-9512 (Property Address) In addition to the covenants and agreements made in the Security Instrument,Borrower and Lender further covenant and agree that Sections 6 and 8 of the Security Instrument are deleted and are replaced by the following: 6. Occupancy.Borrower shall occupy,and shall only use,the Property as Borrower's second home. Borrower shall keep the Property available for Borrower's exclusive use and enjoyment at all times, and shall not subject the Property to any timesharing or other shared ownership arrangement or to any rental pool or agreement that requires Borrower either to rent the Property or give a management firm or any other person any control over the occupancy or use of the Property. MULTISTATE SECOND HOME RIDER—Single Family-Janie MaelFreddIe Mac UNNFORM INSTRUMENT Form tgea•ur CONVNA Second Home Rider 2365R-XX(09108)(dii) Page 1 012 I IIii I 11I II 1 1 1I;JI�f l if 1111 • 2 3 9 9 1 ' ' 2 0 2 6 1 5 6 5 3 0 0 0 0 0 2 3 6 5 R ' 1Itif.i lici1.intiv to u#4IIIIIIIIIIIIIIII !423206' 21 on Iv ud NE:TCO,JTC 111II1111110015/20 3 DT 6010;384 DOC ID #: 00020261585303009 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender(or failed to provide Lender with material information)in connection with the Loan. Material representations include,but are not limited to.representations concerning Borrowers occupancy of the Property as Borrower's second home. BY SIGNING BELOW,Borrower accepts and agrees to the terms and provisions contained in this Second Home Rider. 4 .. ..: ... (Seal) qi . -Borrower ( A lit (Seal) CAPRI -0, IN -Borrower (Seal) -Borrower (Seal) -Borrower MULTISTATE SECOND HOME RIDER—Single Family--FennIe MaalFfeddle Mac UNIFORM INSTRUMENT Form 98901181 CONVNA Second Home Rider 2365R-XX(09/081 Page 2 of 2 589711 PGS • 2 ASDT Jethars.o County aR Auditorr'sLeprlostC Rol• Mn Lerro:l. C,ailn- Ei�IN�.LNtd 1�frIVI AWC� c.rr /141 When recorded mail 1o: CoreLogic Mail Stop:ASGN I CoreLogic Drive Westlake,TX 76262-9823 Thi,spe.<for Rcco,t.u.c IIIlilllllllllllll IIIIIII Illlllllll�llll lllllllllll Requested By: Bank of America DocID4 92120261585336987 Prepared By: Bank of America Tax ID: 980100309 800-444-4302 1800 Tape Canyon Road Simi Valley,CA 93063 Property Address: 161 Canal Ln Brinnon,WA 98320-9512 W.SOM-AOT 3e102017 21110015 MERSIII MIN k, lD31337-1)003887956-2 MERS Phone R: 888-679-6377 ASSIGNMENT OF DEED OF TRUST For Value Received. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC.("MFRS") (herein"Assignor"),whose address is P.O.Box 2026,Flint,MI 48501-2026,AS DESIGNATED NOMINEE FOR COUNTRYWIDE BANK,FSB,BENEFICIARY OF THE SECURITY INSTRUMENT,ITS SUCCESSORS AND ASSIGNS hereby assign and transfer to BANK OF AMERICA,N.A.(herein"Assignee"),whose address is C/O BAC,NYC:CA6-914.01-43,1800 TA PO CANYON ROAD,SIMI VALLEY,CA 93063,and its successors and assigns all its right.bile,and interest in and to a cenain Deed Of Trust described below. Beneficiary: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. ("MFRS"),AS DESIGNATED NOMINEE FOR COUNTRYWIDE BANK,FSB,BENEFICIARY OF TIIE SECURITY INSTRUMENT,ITS SUCCESSORS AND ASSIGNS Made By: JIM FANNIN AND CAPRI FANNIN,HUSBAND AND WIFE Original Trustee: LANDSAFE TITLE OF WASHINGTON Date of Deed of Trust: 3/30/2009 Original Loan Amount: 5162,000.00 Recorded in Jefferson County,WA on:4/15/2009.book N/A.page N/A and instrument number 542262 Property Legal Description: LOT 12,BLOCK 3,OLYMPIC CANAL DIVISION I,ACCORDING TO THE PLAT THEREOF FILED IN VOLUME 4 OF PLATS PAGE 33,RECORDS OF JEFFERSON COUNTY,WASHINGTON; TOGETHER WITH THE FOLLOWING DESCRIBED PROPERTY,BEING A PORTION OF GOVERNMENT LOT 4,SECTION 21,TOWNSHIP 25 NORTH,RANGE 2 WEST,W.M.;BEGINNING AT THE NORTHEASTERLY CORNER OF LOT 12,BLOCK 3,SAID OLYMPIC CANAL ADDITION NO.1;THENCE NORTH 80DEGREES 17'00"EAST ALONG THE EASTERLY EXTENSION OF THE NORTHERLY LINE OF SAID LOT 12,A DISTANCE OF 35.00 FEET;THENCE SOUTH 3IDEGREES 04'04"EAST A DISTANCE OF 55.00 FEET;THENCE WEST TO THE SOUTHEASTERLY CORNER OF SAID LOT 12;THENCE NORTH ALONG THE EASTERLY LINE OF SAID LOT 12 TO THE POINT OF BEGINNING; SITUATE IN THE COUNTY OF JEFFERSON,STATE OF WASHINGTON. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC.("NIERS"),AS DESIGNATED NOMINEE FOR COUNTRYWIDE BANK,FSB, BENEFICIARY OF THE SECURITY INSTRUMENT,ITS SUCCESSORS AND ASSIGNS By: go.'ylyr'1^Vnu'Kr0" isxser.es1 tsiN1.1!W-yy1-/pJa-S48 rla�v IS4 ,54 '\I4 43 pla,1A Date 42fldfIS 589711 Page 2 of 2 03/02/2015 01:12 PM State of Arizona County of Maricopa On 2'(31(5 ,before me. le." the- 1(4.e.- t ,Notary Public,personally appeared Krr�tivv i AfmYn �f*I&WARM y�'[ t0 rata?' of MORTGAGE ELECTRONIC REGISTRA ON SYSTEMS,INC.("MERS"),AS DESIGNATED NOMINEE FOR COUNTRYWIDE BANK,TSB,BENEFICIARY OF THE SECURITY INSTRUMENT,ITS SUCCESSORS AND ASSIGNS, whose identity was proven to me on the basis of satisfactory evidence to be the person who he or tQ�laims to be and whose name is subscribed to the within instrument and acknowledged to me that helsOxecuted the same in hiy reauthorized capacity,and that by hi signature on the instrument the person.or entity upon be aaff of which the person acted,executed t instrument. IN WITNESS WHEREOF.I have hereunto set my hand and affixed my notorial seal the day and year last V/111 11211. Notary Public.v Ay/Le- i(l rlt?___ aim. Regina Manias( I • watery WWI@, r >J� IA•r1coRa Count.,Anima ► •••' My Comm.Opts!=Y@=1i' ► DociDW 92120261585336987 . I . . . . CHU, ?Or 2 459 OLYMPIC CANAL ADDITION NO. I SEC. 21, TWP 25N, ri 2 W, W. M JEFFERSON COUNTY, WASHINGTON floGInF IN NMI 6 GOLOSI■1711 a AS 5 0 SC t 611. r• /OW SEATTLE.vowsmoTon ----'- ---- ----- ,,,,,, ,.. ,,.- '''''''',:\•..,::,/,„,- \ c-- /A ::■. ..c.:.-w-171:.‘,/ ;4". CV/ k'4 •• ,` f." l' k Iii .--.;,._-A/---• ...pea Ise,n ■.......,Cow/ > . 1 ■:,,il ------ • .. A ■ • ' 4 \ N...."-- --- --.:::_.-....-•"-- \te -.,-*VrT: 1.,i_. 'a • ..."..'' - \ _ _r4,,,f4,..,± I'".1‘1 ...„.,,, • *-:', ...,, a.„,._0*- '7.1. \ \ /'' ' .,..y•O'r,...7T a--. 'kr , , . ,i•, 1 1 1 i.. r dr _,,. .,-,.. NO ...:•,,Yr"..1 : , , ;7 , 4‘Z. ‘,"\''1 ,,C.,47. 0 s...,■ ..s!,,..it''' .-, . -.4.3:,...,..,- , , .i•\" li' .., 4,. . /7 ^ vA., °:=■.- \\.. o ■ • ---- 3 ....,---, ./ 1,, , , . _ „A"-,, V7-1 r...' Li • ':.,...-',,. :1,.S. , • ' • ,•■S •'• '..'• • •4' • 1 N'''- ' ' ‘ --''''' ' Cri) f'•`.4.• . ...40';''.'• ''•--- ....Ft`■ ...... „....,,.. ..... ..... ---\:\‘'S .\\. ; 1 / ,-- ' '.0 1..".. ....• ... / i'l',...IN- • • ,,.. ' ' ' r :: .000d t 01•3 Cr RTI r le-t?t .,....,...., ....a..............,. 4...to./...y.I...., a,.• `C,.: , ......•••••• ( • : ""''' --.-, , 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, 7.) `t.... • — ,.... 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 V matter related to this sketch. 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Z' ) ". oA .w �� � � � 1 CI �C )J r) ti 1-0 k, ,, Q1,, i 'N : a �A k, ° . { ‘i1/4 � Q l b � �kO O N, O- r l \ 4> N oo � Jo ,J .ga �' 4.) r c• ' NI: c � oO N ■ 00 4 .ti hi : � % -4 c 4 ° `t `� kl k ,,, �'O ' . `r. 'C N',, .c ti, j 5 `D W r0 b Q • c0 y �` 1 `.) 0 v . 4 � C 1, o N 'Cis'1 `° aQo o CO l‘/ l ' `" c Ja be 13 '' � � ti. 03 l o Q3 r0' f� � % ` „tip COs' a C L �. o �' s} : Gkc I • \ C plc re ) o o co % � '.° ti % '1 �* J J ( 1 via �, . 4 . `� a b R 1 . .I- 380556 ��( BYLAWS 4dl-ZS PAGEg- n• s Of(FMIA`,RE ' r OF J'� Rf0'JESt � � OLYMPIC CANAL MAINTENANCE CO. lA T i�. M/_ ARTICLE I CO. _..y - DE:NNE M ELDRIDGE Purposes .11/[Ri,9r COUNTY EVERTOR SECTION 1. This corporation shall be conducted acs - • •-•7iL•1e1'T S . maintenance ccrporation for the purpose set forth in the Articles of- Incorporation for the area situated in Section lb,-Township 25 North, Range 2 West W.M. and Section 21, Township 25 North, Range 2 West W.M., Jefferson County, Washington, known as the Olympic Canal • area. - SECTION 2. The corporation shall have power to levy and collect assessments against its members and against the tracts owned or purchased by them for the purposes in its Articles of Incorporation • and Bylaws set forth, and to sell or forfeit their interest in the corporation for default with respect' to any lawful provisions of said Articles of Incorporation and bylaws and upon forfeiture of - any such property as by law and in the Bylaws provided may transfer the membership of such defaulting member. - SECTION S.- The purposes for which this corporation was created say be altered, modified, enlarged or diminished by the vote of two-, thirds of the members at a meeting duly called for such purpose, notice of which meeting shall be give in the manner provided by the Bylaws.of giving of notice for the election of trustees. l • ARTICLE II • Membership SECTION I. The membership of the corporation shall consist of and be limited to the incorporators and the owners or purchasers of - :tracts ill the area described in Article II of the Articles of Incorporation, who shall have one membership regardless of the number of tracts, so owned or purchased, and the interest of each member shall be equal to that of any other member, and no member can acquire any interest which shall entitle him to any greater voice, vote or authority in the corporation than any other member. . A purchaser under a contract of purchase shall be dec.sed to be in owner for membership purposes. If any tract or tracts are held by two or more persons, the several owners of such interest shall be entitled collectively to cast one vote. SECTION 2. Except as hereinbefore otherwise provided and as declaratory of the foregoing, r.o membership shall be voted unless L I represented by the owner or purchaser as aforedescribed.of an individual tract to tracts to which it is and shall be inseparably appurtenant. POOR QUALITY FOR FILki1Nt3 .APR 10 fir, voi J2J ru • • • • • • • • • • • • • • SECTION 3. Membership and certificates of membership evidencing the same shall be inseparably appurtenant to tracts owned by the members, and,upon transfer of ownership, or contract of sale, of any such tracts, membership 'or certificates of membership shall ipso facto be deemed to. be transferred to the contract purchaser. No membership or certificate of membership may be transferred, assigned, or in any manner conveyed, other than in the manner here- - inbefore set forth. In the event of the death of a member, the membership and certificate of membership of such member shall be - and-become the property of the personal' representative of such . deceased member upon the appointment and qualification as such in a . Judicial proceeding and such personal. representative shall have all of the rights, privileges and liabilities of the deceased member until title shall be transferred or contracted to. be transferred. SECTION 4. No membership shall be -forfeited nor member be expelled - except upon foreclosure for non-payment of assessments, and no member may withdraw except upon transfer of title to the real _ property to which his membership is appurtenant, as elsewhere herein provided. No compensation shall -be paid by -the corporation upon any-transfer of membership and no member whose membership is transferred shall be entitled to share or participate in any of the • property or assets of the corporation.- - • SECTION 5. Every person who may be admitted to membership, except the owners-and purchasers of tracts in Olympic-Canal Additions I - 1t, Sections 16 and 21, Township 25 North,- Range 2 West M.M., Jefferson County, .Washington, and their successors, shall pay an entrance fee of x150.00 upon admission to the corporation. This entrance fee shall be payable only once for each membership which _t may then be passed on to successive owners in accordance with the 1 provisions of these Bylaws. The fee is intended as compensation for the larger contribution to the corporation made by the earlier members. .- - ARTICLE III • Uissolutfbn In the event of the dissoiction of the corporation each person who - is then a r ember shall receive his pro rata proportion of the property and assets after all of its debts have been paid. - ARTICLE IV • • Trustees sn1 Officer's SECTION 1. Corporate powers of the corporation shall be vested in a Board of Trustees. The number of trustees who shall manage the affairs of the corporation shall be nine. At any meeting or special meeting called therefore, the members may -decrease or increase the number of trustees to any number not less than three or more than nine. POOR QUALITY FOR FILMING 525 is.:c769 • SECTION 2. The trustees shall be divided. into two slates, each slate to consist of an equal number of trustees, or if the total trustees are of an unequal number, the first slate shall consist of one more trustee than the second slate. Trustees shall be elected to serve for two years, or until their -successors are elected and duly qualified. The term of office of the first slate shall expire on the 1st Saturday of..August of every odd-numbered year, and the term of office of the second slate shall expire on the 1st Saturday pf August of every even-numbered year. In order only to establish . the initial staggering of terms of trustees, the terms of four of the present trustees -chose terms would ordinarily expire on August 4, 1973, shall be shortened one year, and the five remaining trustees shall be the first slate of trusteesi .and the members of the corporation shall at the annual meeting of the corporation to be -held in August of 1972 vote to elect only four trustees, which - - shall be the second slate of trustees, whose terms shall expire on - August 3, 1974. Theearesent Boardrof Trustees as constituted prior to the August. 1972 meeting shall determine which five of their number shall remain one ,more year to complete their present term of- office. . - - SECTION Z. Each trustee shall be an incorporator or a member who s hal; not have lost his right to vote by reason of having disposed o-t ,.nd to which his membership is appurtenant. - - SECTION 4. In the event a trustee, other than an incorporator, ceases to be the owner of the land to which his membership is - . appurtenant or of a contract for the purchase thereof, he shall . thereby cease to be a trustee and ^is office shall become vacant , ; upon written notification without action other than to spread such 4 f e act upon th minutes of the Board of Trustees. SECTION S. At the first meeting of the Board Pf Trustees after each enr.ual meeting of the members, the Board of Trustees shall elect a president, vice president, secretary and treasurer. The • board may also at any time appoint an executive secretary and/or c assistant secretary.and/dr assistant treasurer. Officers of the- . . corporation so elected shall hold office for the term of one year and until their successors are qualified., Any gfficer may be suspended or removed by a majority vote of all of the trustees. SECTION S. No trustee or officer, except the executive secretary and/or the assistant secretary andior the assistant trscsurer shall receive any salary or coopeesation from the corporation. SECTION 7. Any-Vacancy occurring in the Board of Trustees shall be filled by appointment by a majority of the remaining trustees. The person so appointed shall hold office until the next regular meet- ing of the members of the corporation, at which annual or adjourned annual meeting the vacancies for the remainder of the original terms, if any, shall be filled by election by the members in the regular manner. • POOR QUALITY FOR FSL,1ill10 vx 525 ► 77D -�. . • 3 ' - ARTICLE- V - • SECTION 1. Annual meetings of the members of- the corporation shall be held at the principal place of business of the corporation or at such other place-as the Board of Trustees may elect. The annual - - meetings shall be held on the first Saturday of August of each year • at 2 o clock P.M. Notice thereof shall be given by the secretary - by mailing notice to each member not less than ten days prior to • the date of the meeting. . i SECTION 2. Special meetings of the members 'may be 'called at any - time by the president or a majority of the Board of Trustees Or by members •representing ten percent of the tracts within the juris- diction c` the corporation. Notice of a special meeting, stating - the object thereof, shall be given by the secretary by mailing such notice to each member -not less than five days prior to the date on - ' which such meeting is to be held. SECTION 3, At all annual and special eetings of the members, ` m twenty percent of all of the =enters of the corporation shall. 1 constitute a quorum for the transaction of business. Each member . _ i shall be entitled to one vote. E SECTION 4. Special meetings of the Board of Trustees shall be called at any time by the secretary on order of the president or of a majority of the Board of Trustees. -The secretary shall give each trustee notice, personally, verbally, by mail or by telephone, of ' all reoular and special meetings at least one day previous thereto. ._ SECTION S. , A member may exercise his right to vote by proxy. ARTICLE VI Powers and Daties of Trustees t • SECTION 1. Subject to in the Articles of Incorporation 1 and the Bylaws and the Laws of the State of Washington, all Dowers ' of- the corporation shall by exercised by or under the authority of. • and the business and affairs of the corporation shall be controlled ' by, the board of Trustees. Without prejudice to such general powers, and subject to the sage limitations, it is hereby expressly declared that the trustees shall have the following powersi SECTION 2. To select and remove all the other officers, agents and employees of the corporation, prescribe such powers and duties for them as may not be inconsistent with law, with the Articles of Incorporation or the Bylaws, fix their compensation and require from them security for faithful service. SECTION S. To conduct, manage and control the affairs and business of the corporation, and to maim such rules and regulations there- POOR QUALITY FOR RUM r 525 ':.371 . • • • fore not inconsistent with lava, with the Articles of Incorporation or the Bylaws, as they may deem best. SECTION 4. To issue certificates of membership only to the owners or purchasers of tracts hereinbefore described, subject to such - conditions or terms as provided in the Articles of Incorporation and the.Bylaws. . SECTION 5. To- charge and/or assess the several_parcels of land and the owners thereof as hereinbefore more particularly.set forth. SECTION 6. To cause to be kept a complete record of all minutes -and acts and to present a -full statement to the regular annual meeting of members showing in detail the condition of the affairs • of the corporation. - - - • - ARTICLE VII . . Duties of Officers SECTION 1. President. The President shall preside at all meetings • of the trustees and members; he shall sign as President all certi— . 'locates of membership and all contracts or other instruments in writing authorized by the Board of Trustees; he shall call special - meetinos of the trustees or of the members whenever he deems 'it ' necessary; he shall have and exercise under the direction of the Board of Trustees the general supervision of the affairs of -the '. corporation. SECTION 2. Vice President. The Vice President shall preside at • . i all meetings in the absence of the president, and in case of the. absence or disability of the president shall perform all other duties of the president which are incidental to his office. . SECTION 3. Secretary. The Secretary shall issue all notices and • shall attend and keep the minutes of all meetings; he shall have charge of all corporate books, records and papers; he shall be • custodian of the corporate seal, shall attest his signature and . impress with the corporate seal all written contracts of the corporation; and shall perform all such other duties as are incidental to his office. SECTION 4. Treasurer. The Treasurer shall keep safely all moneys- - and securities of the corporation and disburse the same under the direction of the Board of Trustees. He shall cause to be deposited all funds of the corporation in a bank selected by the trustees. . At each annual meeting of- the members, and at any time directed by the trustees, he shall issue and present a full statement showing in detail the condition of the affairs of the corporation. SECTION 5. The e::ecutive secretary and/or assistant fecretary end/or assistant treasurer,_ if appointed by the Board of Trustees, shall perform such duties as may be designated by it. • POOR QUALM FOR flLU1 G Yx 525 .; 772 • • • • • • • • SECTION 6. Any officer, other than the president, may occupy two offices concurrently if the Board of Trustees so directs. • ARTICLE VIII - Certificates of Membemhip and Transfers SECTION. 1. A certificate of membership.-in the corporation shall be issued to each member. All such certificates shall be signed by the president, or vice president, and the secretary. - SECTION 2. All memberships and certificates evidencing tame shall be inseparably appurtenant to the tract, tracts, or fractional tracts owned by the holders thereof and upon sale or contract to- sell such memberships and such certificates shall- become the property of the grantee -or purchaser as hereinbefore .provided. - No transfer of membership shall entitle the transferee to vote the same until it has been established to the satisfaction of the secretary that such transfer is bona fide and has been made in the manner provided. • - SECTION 3. Unless specifically requested by the owner and holder. thereof, it shall not be necessary that certificates of membership be actually issued but any owner or purchaser of a tract or tracts • within the said district may exercise all of the rights and privi- leoes and shall be subject to all of the liabilities of-membership -. without the actual issuance and possession of such certificate of membership. ARTICLE IX Assessments a SECTION 1. The members of the corporation shall be liable for the payment of such charges or assessments as may from time to time be fixed and levied by the Board of Trustees pursuant to the Articles of Incorporation and these Bylaws and subject to the provisions of - said Articles and Bylaws. Except for the entrance fee provided for in Article II, Section "5, herein, the amount of such charges-and -�- assessments levied upon a member shall in no event, except as here- inafter provided, exceed in any one year the sum of fifty dollars (S50.00). Charges and assessments against all'nembers shall be - • levied by the Board of Trustees at a-uniform rate per member with- • -out distinction or preference of any kind. All charges or assess- ments, when collected by the corporation, shall remain the property of the members until such time as such charges or assessments are expended pursuant .to the Articles ofIncorporation and Bylaws of the corporation. SECTION 2. From time to time, as and when any such assessments in this Article IX are levied, each member with respect to the land or interests therein to which his membership is appurtenant, shall pay the amount of such assessment against the same to the corporation, . at its office, within thirty days after the mailing of the notice of such assessment to the members; and the amount of such assess- . POOR QUALITY FOR FILMING y1. 525 r�.s7l3 • ;:. • • • • • • • • cent, together with all expenses, attorney's fees. and costs reason ably. incurred in enforcing the same, shall be paid by the members and shall be a lien upon said land and the membership appurtenant • . thereto, superior to any and all other liens (except as in Section 3 of this Article otherwise provided) created or permitted by the owner of such land and enforceable by foreclosure proceedings In the manner provided by law for foreclosure of mortgages upon lands provided, that no proceedings for the foreclosure of 'any said liens• in this Article IX provided shall be commenced except upon the expiration of four months from and after the date of mailing said notice of assessment in this section described. - SECTION 3. First mortgage liens placed upon any of scid tracts which are recorded in accordance with the laws of the State of Washington shall be, from the date. of the recordation of such, ' superior to such assessments and the liens resulting therefrom • • as are levied by the corporation _subsequent to the date of the • recordation of the first mortgage; provided, however, that the corporation is notified in writing of such, first mortgage within thirty days after recordation of such. ARTICLE X - • Amendments • These Bylaws may be amended at. any time by a vote- of a majority of the members of the corporation. - ARTICLE XI • • • Corporate Seal1 The Seal of the corporation shall be in circular form and shall . contain the words "Olympic Canal Maintenance Co." and the words . "Corporate Seal Washington 1962" in the form and style as affixed in these Bylaws- by the impression of said corporate seal. • • - - ARTICLE XII ;` Date ofAdoptton These Bylaws are duly adopted by the corporation and the Corporate Seal thereof affixed on the 31st day of December, .1962. • CHARLES B. JENNINGS ' • • President ATTEST, Corporate Seals JAMES W. OLSEN Secretary POOR QUALITY FOR FIUI1NG VOL 525 n:.:774 • • • • • • SUBSCRIBED AND SWORN TO-before me this 31st day of .. December, 1962 - VELTA M. STROrf - NOTARY PUBLIC'in and for the State of Washington, - • • residing at Seattle. - - • Amendments to Bylawsr • -Amendments to these Bylaws were duly adopted by the Corporation and the Corporate Seal thereof affixed on the following detest August 5, 1967 . . - - . August 5, 1972 - - - August 2, 1986 • January 12, 1991lj • Bradley Cros . President • ATTEST' Corporate Seali - elRrn Ram , Secretary doon • RESTRICTIONS SHOWN - - - IN • DEDICATION OF PROPERTY All building construction to have a minimum lot line clearance oft - - - 20 feet from front line feet from side lines - 25 feet from rear lines -POOR Q„"Li}y FARI fILEMO • • STATE OFl� `Std i JO-77)1 t Coma of . qq - On thi. 11`L�' A.T i) 1/17 H- A D.I9_L7bdore me.the detatnpd.•I'lodey Public m and for the State of (y lets ttr ti G-r7.-i� duly commissioned end - r, S'o W t l ' i(1. ri1 t 11 J 0 F3'ffih4 22 t o y �f?,e avv.naJ to me known to be the®dmdvl Sdeae bed-m end wbo executed the ioreyoing instrument and acknowledged to M 'hat e,.[_ .-.' ='1�led the.yd idtnment r7 E/10--free and voluntary act.nd deed for the mile•mad purpose. L Iberein �Tmevw• ct e -ii. N.]...I hereto affixed the day and 7r qtia certi&ite ahoy.writ'tun t•,ey f0 'i No • • Wm is tad I. a.5t.t. a w t•a•dif.a.k • • rd.yat CCrt-I41P(U • ellk41111tev.sr Ir Ia.I..d..L Pis..,National TOL.loawaace Company re...1.m Y3I 525 r__775 OtympinCtataa,(Tracts 1 III 1111 111 432560458 313 Bnnnolt,,WA 98320 Jeff.rton County: NR OLYMPIC CANAL NAINTE COV 16 00 BYLAWS OF OLYMPIC CANAL MAINTENANCE CO. Ili ARTICLE I Purposes SECTION 1. This corporation shall be conducted as a nonprofit maintenance corporation for the purpose set forth in the Articles of Incorporation for the area situated in Section 16, Township 25 North, Range 2 West W.M. and Section 21, Township 25 North, Range 2 West W.M., Jefferson County, Washington, known as the Olympic Canal area. SECTION 2. The corporation shall have power to levy and collect assessments against its members and against the tracts owned or purchased by them for the purposes in its Articles of Incorporation and Bylaws set forth, and to sell or forfeit their interest in the corporation for default with respect to any lawful provisions of said Articles of Incorporation and Bylaws and upon forfeiture of any such property as by law and in the Bylaws provided may transfer the membership of such defaulting member. SECTION 3. The purposes for which this corporation was created may be altered, modified, enlarged or diminished by the vote of two-thirds of the members at a meeting duly called for such purpose, notice of which meeting shall be give in the manner provided by the Bylaws of giving of notice for the election of trustees. ARTICLE H Membership SECTION 1. The membership of the Corporation shall consist of and be limited to the incorporators and the owners or purchasers of tracts in the area known as Plat of Olympic Canal, records of Jefferson County. Each such member shall be entitled to one vote for each lot so purchased or contracted to be purchased. if two or more persons, the several owners of such interest, hold any lot or lots shall be deemed a single member and shall be entitled collectively to cast one vote(one vote per lot). For purposes of these Bylaws, a tract shall be defined as a single lot within the original Olympic Canal area. 8 III 111 I IIII III 111111111111 I4325604:P Jefferson Country WA OLYMPIC CANAL MAIN7£ COV 18.00 SECTION 2. Except as herein before otherwise provided and as declaratory of the foregoing, no membership shall be voted unless represented by the owner or purchaser as afore described of an individual tract or tracts to which it is and shall be inseparably appurtenant. SECTION 3. Membership and certificates of membership evidencing the same shall be inseparably appurtenant to tracts owned by the members, and upon transfer of ownership, or contract of sale, of any such tracts, membership or certificates of membership shall ipso facto be deemed to be transferred to the contract purchaser. No membership or certificate of membership may be transferred, assigned, or in any manner conveyed, other than in the manner herein before set forth. In the event of the death of a member, the membership and certificate of membership of such member shall be and become the property of the personal representative of such deceased member upon the appointment and qualification as such in a judicial proceeding and such personal representative shall have all of the rights, privileges and liabilities of the deceased member until title shall be transferred or contracted to be transferred. SECTION 4. No membership shall be forfeited nor member be expelled except upon foreclosure for nonpayment of assessments, and no member may withdraw except upon transfer of title to the real property to which his membership is appurtenant, as elsewhere herein provided. No compensation shall be paid by the corporation upon any transfer of membership and no member whose membership is transferred shall be entitled to share or participate in any of the property or assets of the corporation SECTION 5. Every person who may be admitted to membership, except the owners and purchasers of tracts in Olympic Canal Additions I - 11, Sections 16 and 21, Township 25 North, Range 2 West W.M., Jefferson County, Washington, and their successors, shall pay an entrance fee of $150.00 upon admission to the corporation. This entrance fee shall be payable only once for each membership which may then be passed on to successive owners in accordance with the provisions of these Bylaws. The fee is intended as compensation for the larger contribution to the corporation made by the earlier members. SECTION 6: The Board of Trustees by majority vote may suspend membership rights and privileges for: 1. Non-payment of dues. 2. Repeated failure to comply with established rules and regulations. In such a case, the Board of Trustees shall provide the member with written notification of said suspension and the conditions for reinstatement of membership rights. 9 11111111E111111111111111111111 431356045A Jefferson County, WA OLY?P1C CANAL r1AINTE COV 18.00 ARTICLE III Dissolution In the event of the dissolution of the corporation each person who is then a member shall receive his pro rata proportion of the property and assets after all of its debts have been paid. ARTICLE IV Trustees and Officers SECTION 1. Corporate powers of the corporation shall be vested in a Board of Trustees. The number of trustees who shall manage the affairs of the corporation shall be nine. At any meeting or special meeting called therefore, the members may decrease or increase the number of trustees to any number not less than three or more than nine. SECTION 2. The trustees shall be divided into two slates, each slate to consist of an equal number of trustees, or if the total trustees are of an unequal number, the first state shall consist of one more trustee than the second slate. Trustees shall be elected to serve for two years, or until their successors are elected and duly qualified. The term of office of the first slate shall expire on the 1st Saturday of August of every odd-numbered year, and the term of office of the second slate shall expire on the 1st Saturday of August of every even-numbered year. In order only to establish the initial staggering of terms of trustees, the terms of four of the present trustees whose terms would ordinarily expire on August 4, 1973, shall be shortened one year, and the five remaining trustees shall be the first slate of trustees; and the members of the corporation shall at the annual meeting of the corporation to be held in August of 1972 vote to elect only four trustees, which shall be the second slate of trustees, whose terms shall expire on August 3, 1974. The present Board of Trustees as constituted prior to the August, 1972 meeting shall determine which five of their number shall remain one more year to complete their present term of office. SECTION 3. Each trustee shall be an incorporator or a member who shall not have lost his right to vote by reason of having disposed of land to which his membership is appurtenant. SECTION 4. In the event a trustee, other than an incorporator, ceases to be the owner of the land to which his membership is appurtenant or of a contract for the purchase thereof, he shall thereby cease to be a trustee and his office shall become vacant upon written notification without action other than to spread such fact upon the minutes of the Board of Trustees. SECTION 5. At the first meeting of the Board of Trustees after each annual meeting of the members, the Board of Trustees shall elect a president, vice president, secretary and treasurer. The board may also at any time appoint an executive secretary and/or assistant secretary and/or assistant treasurer. Officers of the corporation so elected shall hold office to IhuN 11111 IhllII MI IIb Jill I 11111 M 11111 IIJ tl 4 Jefferson Ceiinty, WA OLYMPIC CANAL MAINTE 00 10.4EA COV 78.00 for the term of one year and until their successors are qualified. Any officer may be suspended or removed by a majority vote of all of the trustees. SECTION 6. No trustee or officer, except the executive secretary and/or the assistant secretary and/or the assistant treasurer shall receive any salary or compensation from the corporation. SECTION 7. Any vacancy occurring in the Board of Trustees shall be filled by appointment by a majority of the remaining trustees. The person so appointed shall hold office until the next regular meeting of the members of the corporation, at which annual or adjourned annual meeting the vacancies for the remainder of the original terms, if any, shall be filled by election by the members in the regular manner. ARTICLE V Meetings SECTION I. Annual Meetings of the members of the corporation shall be held at the principal place of business of the Corporation or at such other place as the Board of Trustees may elect. The Annual Meetings shall be held on the Saturday of Memorial Day weekend at 3 pm. Notice thereof shall be given by the Secretary by mailing notice to each member not less than thirty days prior to the date of the meeting. SECTION 2. Special Meetings of the members may be called at any time by the President or a majority of the Board of Trustees or by members representing ten percent of the tracts within the jurisdiction of the Corporation. Notice of a Special Meeting, stating the object thereof, shall be given by the secretary by mailing such notice to each member not less than thirty days prior to the date on which such meeting is to be held. SECTION 3. For the transaction of business at all Annual and Special Meetings of the membership of the Corporation, a quorum shall consist of not less than fifty (50) voting members. Attendance at and participation in meetings may be in person or by proxy. SECTION 4. Special meetings of the Board of Trustees shall be called at any time by the secretary on order of the president or of a majority of the Board of Trustees. The secretary shall give each trustee notice, personally, verbally, by mail or by telephone, of all regular and special meetings at least one day previous thereto. SECTION 5. A member may exercise his right to vote by proxy. 11 1JJ 1101 11III 1111 IiiI hill 1111111 III hllhi NII 111 P325 ° Jet Iorson County, WA OLYMPIC CANAL MArNTE CO■051260001"61:1 ARTICLE VI Powers and Duties of Trustees SECTION 1. Subject to limitations in the Articles of Incorporation and the Bylaws and the Laws of the State of Washington, all powers of the corporation shall by exercised by or under the authority of, and the business and affairs of the corporation shall be controlled by, the Board of Trustees. Without prejudice to such general powers, and subject to the same limitations, it is hereby expressly declared that the trustees shall have the following powers: SECTION 2. To select and remove all the other officers, agents and employees of the corporation, prescribe such powers and duties for them as may not be inconsistent with law, with the Articles of Incorporation or the Bylaws, fix their compensation and require from them security for faithful service. SECTION 3. To conduct, manage and control the affairs and business of the corporation, and to make such rules and regulations therefore not inconsistent with law, with the Articles of Incorporation or the Bylaws, as they may deem best. SECTION 4. To issue certificates of membership only to the owners or purchasers of tracts herein before described, subject to such conditions or terms as provided in the Articles of Incorporation and the Bylaws. SECTION 5. To charge and/or assess the several parcels of land and the owners thereof as herein before more particularly set forth. SECTION 6. To cause to be kept a complete record of all minutes and acts and to present a full statement to the regular annual meeting of members showing in detail the condition of the affairs of the corporation. SECTION 7. : Pursuant of RCW 64.38.020, when the Board reasonably and in good faith incurs fees and expenses, such as legal fees, surveyor fees, title report fees, and court costs and expenses, to enforce the provision of its Covenants, Articles of Incorporation, Bylaws, Rules or other governing documents, either by communication, preparation, or lawsuit, it shall be repaid by the member(s) responsible, to include a court award of such fees to the Board. ARTICLE VII Duties of Officers SECTION 1. President. The President shall preside at all meetings of the trustees and members, he shall sign as President all certificates of membership and all contracts or other instruments in writing authorized by the Board of Trustees; he shall call special meetings of 12 I iIII I IIIIi llI IIJ lllI llllll 11 11111 IIII IIII 422560 Jefferson County, NA OLYMPIC CANAL MAINTE C 16.00 Oy the trustees or of the members whenever he deems it necessary; he shall have and exercise under the direction of the Board of Trustees the general supervision of the affairs of the corporation. SECTION 2. Vice President. The Vice President shall preside at all meetings in the absence of the president, and in case of the absence or disability of the president shall perform all other duties of the president which are incidental to his office. SECTION 3. Secretary. The Secretary shall issue all notices and shall attend and keep the minutes of all meetings; he shall have charge of all corporate books, records and papers; he shall be custodian of the corporate seal, shall attest his signature and impress with the corporate seal all written contracts of the corporation; and shall perform all such other duties as are incidental to his office. SECTION 4. Treasurer. The Treasurer shall keep safely all moneys and securities of the corporation and disburse the same under the direction of the Board of Trustees. He shall cause to be deposited all funds of the corporation in a bank selected by the trustees. At each annual meeting of the members, and at any time directed by the trustees, he shall issue and present a full statement showing in detail the condition of the affairs of the corporation. SECTION 5 The executive secretary and/or assistant secretary and/or assistant treasurer, if appointed by the Board of Trustees, shall perform such duties as may be designated by it. SECTION 6. Any officer, other than the president, may occupy two offices concurrently if the Board of Trustees so directs. ARTICLE VIII Certificates of Membership and Transferk SECTION 1. A certificate of membership in the corporation shall be issued to each member. All such certificates shall be signed by the president, or vice president, and the secretary. SECTION 2. All memberships and certificates evidencing same shall be inseparably appurtenant to the tract, tracts, or fractional tracts owned by the holders thereof and upon sale or contract to sell such memberships and such certificates shall become the property of the grantee or purchaser as herein before provided. No transfer of membership shall entitle the transferee to vote the same until it has been established to the satisfaction of the secretary that such transfer is bona fide and has been made in the manner provided. SECTION 3. Unless specifically requested by the owner and holder thereof, it shall not be necessary that certificates of membership be actually issued but any owner or purchaser of a tract or tracts within the said district may exercise all of the rights and privileges and shall be subject to all of the liabilities of membership without the actual issuance and possession of such certificate of membership. 13 11111,11111111111118111111 I11111 i 1111 I Jefferson County, WA OLYMPIC CANAL MAINTE COV 10.00 ARTICLE IX Assessments SECTION 1. The members of the corporation shall be liable for the payment of such charges or assessments as may from time to time be fixed and levied by the Board of Trustees pursuant to the Articles of Incorporation and these Bylaws. Except for the entrance fee provided for in Article II, Section 5, herein, the amount of such charges and assessments levied upon each tract shall in no event, except as hereinafter provided, exceed in any one year the sum of fifty dollars ($50.00). Charges and assessments against all members shall be levied by the Board of Trustees at a uniform rate per tract without distinction or preference of any kind. All charges or assessments, when collected by the corporation, shall remain the property of the members until such time as such charges or assessments are expended pursuant to the Articles of Incorporation and Bylaws of the Corporation. SECTION 2. From time to time, as and when any such assessments in this Article IX are levied, each member with respect to the land or interests therein to which his membership is appurtenant, shall pay the amount of such assessment against each tract owned to the corporation, at its office, within thirty days after the mailing of the notice of such assessment to the members; and the amount of such assessment, together with all expenses, attorney's fees and costs reasonably incurred in enforcing the same, shall be paid by the members and shall be a lien upon said land and the membership appurtenant thereto, superior to any and all other liens(except as in Section 3 of this Article otherwise provided) created or permitted by the owner of such land and enforceable by foreclosure proceedings in the manner provided by law for foreclosure of mortgages upon land; provided, that no proceedings for the foreclosure of any said liens in this Article IX provided shall be commenced except upon the expiration of four months from and after the date of mailing said notice of assessment in this section described. SECTION 3. First mortgage liens placed upon any of said tracts which are recorded in accordance with the laws of the State of Washington shall be, from the date of the recordation of such, superior to such assessments and the liens resulting therefrom as are levied by the corporation subsequent to the date of the recordation of the first mortgage; provided, however, that the corporation is notified in writing of such first mortgage within thirty days after recordation of such. ARTICLE X Amendments These Bylaws may be amended by a majority vote of a twenty-five percent (25%) quorum of the membership. Voting may be in person or by proxy at any Annual or Special meeting duly called. 14 Pape: 8 of 11111114101111111111111111 4325604 Jefferson County, WA OLYMPIC CANAL MAINIE COV 18.00 ARTICLE XI Corporate Seal The Seal of the corporation shall be in circular form and shall contain the words "Olympic Canal Maintenance Co." and the words "Corporate Seal Washington 1962" in the form and style as affixed in these Bylaws by the impression of said corporate seal. ARTICLE XII Date of Adoption These Bylaws are duly adopted by the corporation and the Corporate Seal thereof affixed on the 31st day of December, 1962. CHARLES B. JENNINGS President ATTEST: JAMES W. OLSEN, Secretary SUBSCRIBED AND SWORN TO before me this 31st day of December, 1962 VELTA M. STROMBERG NOTARY PUBLIC in and for the State of Washington, residing at Seattle. Dates of Amendments to Bylaws: The Corporation duly adopted amendments to these Byla s and the Corporate Seal thereof affixed on the following dates: t - . A .1L Michael Langenbach, • esident AIIEST: �{ Robert Shadbolt, Secretary August 5, 1967 August 5, 1972 August 2, 1986 January 12, 1991 April 13, 1996 March 11, 2000 15 110111 II IIN VIII I VIII I m I III 43256046a Jsrforton County, WA OLYMPIC CANAL MAINTE COV 18.00 STATE OF WASHINGTON ) ) ss. COUNTY OF JEFFERSON ) On this t ( ` day of_L!,11, , 2000,before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn personally appeared Michael Langenbach and Robert Shadbolt to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged to me that they signed and sealed the said instrument as their free and voluntary act and deed for the uses and purposes therein mentioned. WITNESS my name and official seal hereto affixed the day and year in this certificate above written. • ttpt N I4j"/ M41 ii 'Lid► Wilma D. Meirndorf ••: *VAR), .4tr. Notary Public in and for the State of Washington Residing in Lilliwaup Poiot � 0�0` ` W A S�1 RESTRICTIONS SHOWN IN DEDICATION OF PROPERTY All building construction to have a minimum lot line clearance of 20 feet from front line 5 feet from side lines 25 feet from rear lines 16 567981 PGS : 27 COV Ojalfarsor,ZCountY BrOf -Don MAINTENANCE or NR fsditor'sOfice naEldidO. CO udil NIVO 11111 After Recording Return to: Olympic Canal Maintenance Co. 310703 Hwy 101 P.O Box 703 Brinnon, WA 98320 # Pages 27 Document Title Covenant Reference number(s) of related documents Quarter Section Township Range Sect: lb Town: 25 Range: 2W Sect: 21 Town: 25 Range: 2W Grantor Olympic Canal Maintenance Co. Grantee Olympic Canal Maintenance Co. 567981 Page 2 of 27 06/18/201209:46 AM Olympic Canal Maintenance P.O Box 703 Brinnon,WA 98320 3/0763 /7' po i TABLE OF CONTE NTS ARTICLES OF INCORPORATION Article I 3 Article D 3 Article III 6 Article IV 7 Article V 7 Article VI 7 Article VII 7 BYLAWS Article I: Purposes 9 Article II: Membership 9 Article III: Dissolution 10 Article IV: Trustees& Officers 11 Article V: Meetings 12 Article VI: Duties of Trustees 12 Article VII: Duties of Officers 13 Article VIII: Cert.of members 14 Article IX: Assessments 14 Article X: Amendments 15 Article XI: Corporate Seal 15 Article XII: Date of Adoption 16 Dates of Amendments to Bylaws 16 Restrictions 16 Nuisance Rules 17 Membership Rights & Duties 21 Co-Owner Policy 24 Member's Rights at Meetings 25 1 567981 Page 3 of 27 06/18/201209:46 AM ARTICLES OF INCORPORATION OF OLYMPIC CANAL MAINTENANCE CO. KNOW ALL MEN BY THESE PRESENTS, that we, EDWARD A. CLIFFORD, RICHARD A. CLIFFORD, CHARLES B. JENNINGS, JAMES W. OLSEN and EDWIN W. TAYLOR, residing in the State of Washington and being citizens of the United States, each being over the age of twenty-one years, and being desirous of forming a corporation under Title 24, Revised Code of Washington, relating to non-profit corporations, do hereby associate ourselves together for the purpose of forming a non-profit corporation, and do make, subscribe, execute and adopt, in triplicate,the following Articles of Incorporation,and certify as follows: ARTICLE I The name of the corporation shall be: OLYMPIC CANAL MAINTENANCE CO. ARTICLE II The purposes for which this corporation is formed are: I. To purchase or otherwise acquire, construct, improve, develop, repair,maintain,operate, care for and/or dispose of parkways, playgrounds, open spaces and recreational areas,tennis courts, beaches, boat landings, floats, piers, clubhouses, swimming pools, and/or swimming areas, bathhouses, places of amusement, community buildings, community clubhouses, and in general community facilities appropriate for the use and benefit of its members,and/or for the improvement and development of the property hereinafter referred to. 2. To build, improve and maintain roadways, culverts, bridges and drainage areas, and to provide for the improving, cleaning and sprinkling of streets, and for collection and disposal of the street sweepings, garbage,ashes,rubbish and the like; to prevent and suppress fires,to provide police protection, and to make and collect charges to cover the costs and expenses therefore. 3. To improve,light and/or maintain streets,roads,alleys,courts,walks,gateways,fence and ornamental features now exist-in or hereafter to be erected or created, and shelters, comfort stations and/or buildings and improvements ordinarily appurtenant to any of the foregoing; to improve, plant and maintain grass plots and other areas, trees and plantings within the lines of the streets immediately adjoining or within the property hereinafter described or referred to. 3 567981 Page 4 of 27 06/181201209:46 AM 4. To care for any lots and plots in said property,to kill, destroy and/or remove from any of said lots and plots grass, weeds, rodents, predatory animals and any unsightly or obnoxious thing; and to take any action with reference to such lots and plots as may be necessary or desirable in the opinion of the board of trustees of said corporation, to keep the property clean and in good order,to make and collect chimes therefore. 5. So far as it can legally do so, to grant franchises, rights of way and easements for public utilities or other purposes upon,over and/or under any of said property. 6 To acquire by gift, purchase, lease or otherwise, and to own, hold, enjoy, operate, maintain, and to convey, sell, lease, transfer, mortgage and otherwise encumber,dedicate for public use and/or otherwise dispose of,real and/or personal property wherever situate. 7. To keep records of building permits and/or other approvals or disapprovals made or issued by said corporation; to keep books and records showing all charges, levies, and assessments made; to furnish certified copies of any record which the board of Trustees may authorize to be furnished; to issue certificates of completion and compliance covering respective parcels of property upon which buildings, structures and/or other improvements have been erected or made, all as provided in the restrictions, conditions and covenants affecting said property or portions thereof; and to make and collect charges covering the cost and expense of such acts. 8. To enforce liens, charges, restrictions, conditions and covenants existing upon and/or created for the benefit of parcels of real property over which said corporation has jurisdiction and to which said parcels may be subject to the extent that said corporation has the legal right to enforce the same, and to pay all expenses incidental thereto. 9. To pay the taxes and assessments which may be levied by any public authority upon any of the said property now or hereafter used or set apart for parks, parkways, playgrounds, open areas, tennis courts, benches, boat landings, community clubhouses, community club buildings,places of amusement and/or recreation areas,or upon such other recreation spaces wherever situate, as may be maintained for the general benefit and use of the owners of lots in said property; to pay taxes and assessments levied by any public authority upon improvements upon any of said property or areas so used or set apart or maintained, and whether taxed or assessed as a part of said property or area or separately; and to pay taxes and assessments levied by any public authority upon any property which may be held in trust for said corporation. 10. To exercise such powers of control, interpretation, construction, consent, decision, determination, modification, amendment, cancellation, annulment and/or enforcement of covenants, reservations, restrictions, liens and charges imposed upon said property, and as may be vested in, delegated to, or assigned to said corporation and such duties with respect thereto as may be assigned to and assumed by said corporation. I 1_ To approve and/or disapprove, as provided by restrictions, conditions and covenants affecting said property, plans and specifications for and/or location of fences, walls, poles, buildings and/or structures to be erected or maintained upon said property or any portion 4 567981 Page 5 of 27 06/18/201209:46 AM thereof; to approve or disapprove the kind, shape, height, and materials for same and/or the plan indicating the location thereof or their respective building sites and such grading plans as may be required, and to issue permits for the same; to pay any and all expenses and charges in connection with the performance of any of said powers or the carrying out of any of said purposes; to supervise construction of any buildings or structures to the extent deemed necessary by the board of trustees,and to establish rules therefore. 12. To regulate and/or prohibit the erection, posting,pasting or displaying upon any of said property billboards and/or signs of all kinds and character, and to remove and/or destroy any such bill boards or signs erected or maintained upon said property without the authority of said corporation as provided in such restrictions, conditions and covenants, as may effect said property or any portion thereof. 13. To appropriate, purchase, divert, acquire and store water from streams, water courses, wells or any other source, and to distribute the water so appropriated and acquired to its members for use upon the lands of said members and for domestic purposes; to acquire, own, construct, hold, possess, use and maintain such pumping plants, tanks, pipe lines, reservoirs, ditches,buildings, roads, trails and appliances, and such other property,including water rights and shares of stock in other corporations as said corporation may from time to time desire to acquire or purchase for furnishing and supplying water to its members; provided that this corporation shall not use or dispose of such water as a public utility, but solely for the use and benefit of its members and for the irrigation of lands and domestic and other useful and beneficial purposes. 14. To fix, establish, levy, and collect annually such charges and/or assessments as may be necessary, in the judgment of the board of trustees to carry out any or all of the purposes for which this corporation is formed, but not in excess of the maximum from time to time fixed by the Bylaws. 15. To expend the moneys collected by said corporation from assessments and charges and other sums received for the payment and discharge of costs, expenses and obligations incurred by said corporation in carrying out any or all the purposes for which said corporation is formed. 16. Generally, to do any and all lawful things which may be advisable, proper, authorized and/or permitted to be done by said corporation under or by virtue of any restrictions, conditions,and/or covenants or laws affecting said property or any portion thereof(including areas now or hereafter dedicated to public use);and to do and perform any and all acts which may be either necessary for, or incidental to, the exercise of any of the foregoing powers or for the peace, health, comfort, safety and/or general welfare of owners of said property, or portions thereof,or residents thereon. 17. To borrow money and mortgage,pledge or hypothecate any or all of the real or personal property of said corporation as security for money borrowed or debts incurred; and to do any and all things that a corporation organized under said laws of the State of Washington may lawfully do when operating for the benefit of its members or the property of its members, and without profit to said corporation. 5 567981 Page 6 of 27 06/18/201209:46 AM 18. Generally, to do and perform any and all acts which may be either necessary or proper for or incidental to the exercise of any of the foregoing powers and such powers granted by the provisions of Title 24, Revised Code of Washington and other laws of the State of Washington relating to non-profit corporations. 19. Nothing contained in these Articles of Incorporation shall be construed as authorizing or permitting said corporation to own, manage or operate any real or personal property for profit. It is the intention and purpose that the business of said corporation shall not be carried on for profit either to itself or for the benefit of its members, and wherever it is authorized to collect charges or assessments it shall have no power or authority to use said charges or assessments except as necessary to cover the actual cost or expense of the act, duty,power or transaction performed. 20. To have one or more offices at such place or places,either within or without the State of Washington as the board of trustees may from time to time determine or the business of the corporation require. All of the foregoing purposes and powers are to be exercised and carried into effect for the purpose of doing, serving and applying the things above set forth for the benefit of all property, including, but without in any way limiting the foregoing, any portion or portions of certain real property located in Township 25 North, Range 2 West W.M., Jefferson County, Washington,which is, or shall become,so subject to the jurisdiction of said corporation. ARTICLE III This corporation shall at all times hereafter be a joint and mutual association of the above named incorporators, and such other persons as may hereafter be admitted to membership in accordance with the Bylaws of the Corporation. Membership and certificates evidencing the same shall be inseparably appurtenant to tracts owned by the members, and upon transfer of ownership or contract for sale of any such tract, membership and certificate of membership shall ipso facto be deemed to be transferred to the grantee or contract purchaser. No membership or certificate of membership may be transferred, assigned, or conveyed in any manner other than in the manner herein set forth. In the event of the death of a member, the membership or certificate of membership of such deceased member shall be and become the property of the personal representative of such deceased member upon appointment and qualification as such in a judicial proceeding and such personal representatives shall have all of the rights, privileges and liabilities of such member until title shall be transferred or contracted to be transferred. The property in possession of this corporation shall be managed by the board of trustees hereinafter mentioned and only alienated and disposed of in accordance with the Bylaws of the corporation. Each member shall be entitled to one vote for each lot purchased or contracted to be purchased. If there are two or more persons, the several owners of such interests shall be deemed a single member and shall be entitled collectively to cast one vote(one vote per lot). 6 567981 Page 7 of 27 061181201209:46 AM ARTICLE IV The number of trustees of this corporation shall not be less than three(3) nor more than nine (9). The names of the trustees who shall manage the affairs of the corporation for not less than two (2) months nor more than six (6) months until the trustees are elected by the members are: Name Residence Edward A. Clifford 5107 Kenilworth Place, Seattle, WA. Richard A. Clifford 8028 Crest Drive, Seattle, WA. Charles B.Jennings 4724 -44th NE. Seattle,WA. James W. Olsen 1946- 34th West, Seattle, WA. Edwin W. Taylor Route 1,Box 124, Shelton, WA. ARTICLE V The time of existence of this corporation shall be perpetual. ARTICLE VI The registered office and post office address of this corporation shall be 3728 SW 102nd, Seattle, King County, Washington. ARTICLE VII The qualifications of the members of said corporation, the property, voting and other rights and privileges, and the liabilities to charges and assessments of the members, shall be as set forth in the Bylaws of the Corporation. IN WITNESS WHEREOF, we, the undersigned, the incorporators of this corporation, have this 13th day of December, 1962,hereunto set our hand and seals,in triplicate. Edward A_ Clifford Richard A. Clifford Charles B. Jennings James W. Olsen Edwin W. Taylor STATE OF WASHINGTON )ss County of King ) 7 567981 Page 8 of 27 06/18/201209:46 AM THIS IS TO CERTIFY, that on the 13th day of December, 1962, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared EDWARD A. CLIFFORD, RICHARD A. CLIFFORD, CHARLES B. JENNINGS, JAMES W. OLSEN, and EDWIN W. TAYLOR, to me known to be the individuals described in and who executed the within and foregoing instrument and acknowledged to me that they signed and sealed the same as their free and voluntary act and deed,for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in this certificate first above written. VELTA M. STROMBERG NOTARY PUBLIC in and for the State of Washington,residing at Seattle. ARTICLES OF AMENDMENT 1. The name of the Corporation is Olympic Canal Maintenance Co. 2. The meeting at which the amendment was adopted was held on August 12,2000. The amendment received at least two-thirds of the votes which members present at such meeting or represented by proxy were entitled to cast. 3. At such meeting,the membership of the Corporation voted to amend the last sentence of Article III of its Articles of Incorporation to provide as follows: Each member shall be entitled to one vote for each lot purchased or contracted to be purchased . If there are two or more persons, the several owners of such interests shall be deemed a single member and shall be entitled collectively to cast one vote(one vote per lot). Dated this 10th day of February 2001 Corporate Seal: Mike Langenbach President Jacqueline Hartley Secretary 8 567981 Page 9 of 27 06/18/201209:46 AM BYLAWS OF OLYMPIC CANAL MAINTENANCE CO. ARTICLE I Purposes SECTION L This corporation shall be conducted as a nonprofit maintenance corporation for the purpose set forth in the Articles of Incorporation for the area situated in Section 16, Township 25 North,Range 2 West W.M. and Section 21,Township 25 North, Range 2 West W.M.,Jefferson County, Washington,known as the Olympic Canal area. SECTION 2. The corporation shall have power to levy and collect assessments against its members and against the tracts owned or purchased by them for the purposes in its Articles of Incorporation and Bylaws set forth, and to sell or forfeit their interest in the corporation for default with respect to any lawful provisions of said Articles of Incorporation and Bylaws and upon forfeiture of any such property as by law and in the Bylaws provided may transfer the membership of such defaulting member. SECTION 3. The purposes for which this corporation was created may be altered,modified, enlarged or diminished by the vote of two-thirds of the members at a meeting duly called for such purpose, notice of which meeting shall be give in the manner provided by the Bylaws of giving of notice for the election of trustees. ARTICLE H Membership SECTION 1. The membership of the Corporation shall consist of and be limited to the incorporators and the owners or purchasers of tracts in the area known as Plat of Olympic Canal, records of Jefferson County. Each such member shall be entitled to one vote for each lot so purchased or contracted to be purchased. If two or more persons, the several owners of such interest, hold any lot or lots shall be deemed a single member and shall be entitled collectively to cast one vote(one vote per lot). For purposes of these Bylaws,a tract shall be defined as a single lot within the original Olympic Canal area. SECTION 2. Except as herein before otherwise provided and as declaratory of the foregoing, no membership shall be voted unless represented by the owner or purchaser as 9 567981 Page 10 of 27 06/18/201209:46 AM afore described of an individual tract or tracts to which it is and shall be inseparably P Y appurtenant. SECTION 3. Membership and certificates of membership evidencing the same shall be inseparably appurtenant to tracts owned by the members, and upon transfer of ownership,or contract of sale, of any such tracts, membership or certificates of membership shall ipso facto be deemed to be transferred to the contract purchaser. No membership or certificate of membership may be transferred, assigned, or in any manner conveyed, other than in the manner herein before set forth. In the event of the death of a member, the membership and certificate of membership of such member shall be and become the property of the personal representative of such deceased member upon the appointment and qualification as such in a judicial proceeding and such personal representative shall have all of the rights, privileges and liabilities of the deceased member until title shall be transferred or contracted to be transferred. SECTION 4. No membership shall be forfeited nor member be expelled except upon foreclosure for nonpayment of assessments, and no member may withdraw except upon transfer of title to the real property to which his membership is appurtenant, as elsewhere herein provided. No compensation shall be paid by the corporation upon any transfer of membership and no member whose membership is transferred shall be entitled to share or participate in any of the property or assets of the corporation. SECTION 5. Every person who may be admitted to membership, except the owners and purchasers of tracts in Olympic Canal Additions I - 11, Sections 16 and 21, Township 25 North., Range 2 West W.M., Jefferson County, Washington, and their successors, shall pay an entrance fee of$150.00 upon admission to the corporation. This entrance fee shall be payable only once for each membership which may then be passed on to successive owners in accordance with the provisions of these Bylaws. The fee is intended as compensation for the larger contribution to the corporation made by the earlier members. SECTION 6: The Board of Trustees by majority vote may suspend membership rights and privileges for: 1. Non-payment of dues. 2. Repeated failure to comply with established rules and regulations. In such a case, the Board of Trustees shall provide the member with written notification of said suspension and the conditions for reinstatement of membership rights. ARTICLE III Dissolution In the event of the dissolution of the corporation each person who is then a member shall receive his pro rata proportion of the property and assets after all of its debts have been paid. to 567981 Page 11 of 27 06/18/201209:46 AM ARTICLE IV Trustees and Officers SECTION 1. Corporate powers of the corporation shall be vested in a Board of Trustees. The number of trustees who shall manage the affairs of the corporation shall be nine. At any meeting or special meeting called therefore, the members may decrease or increase the number of trustees to any number not less than three or more than nine. SECTION 2. The trustees shall be divided into two slates, each slate to consist of an equal number of trustees, or if the total trustees are of an unequal number, the first slate shall consist of one more trustee than the second slate. Trustees shall be elected to serve for two years, or until their successors are elected and duly qualified. The term of office of the first slate shall expire on the Saturday of Memorial Day weekend of every odd-numbered year, and the term of office of the second slate shall expire on the Saturday of Memorial Day weekend of every even-numbered year. In order only to establish the initial staggering of terms of trustees, the terms of four of the present trustees whose terms would ordinarily expire on August 4, 1973, shall be shortened one year, and the five remaining trustees shall be the first slate of trustees; and the members of the corporation shall at the annual meeting of the corporation to be held in August of 1972 vote to elect only four trustees, which shall be the second slate of trustees, whose terms shall expire on August 3, 1974. The present Board of Trustees as constituted prior to the August, 1972 meeting shall determine which five of their number shall remain one more year to complete their present term of office. SECTION 3. Each trustee shall be an incorporator or a member who shall not have lost his right to vote by reason of having disposed of land to which his membership is appurtenant. SECTION 4. In the event a trustee, other than an incorporator, ceases to be the owner of the land to which his membership is appurtenant or of a contract for the purchase thereof, he shall thereby cease to be a trustee and his office shall become vacant upon written notification without action other than to spread such fact upon the minutes of the Board of Trustees. SECTION 5. At the first meeting of the Board of Trustees after each annual meeting of the members, the Board of Trustees shall elect a president, vice president, secretary and treasurer. The board may also at any time appoint an executive secretary and/or assistant secretary and/or assistant treasurer. Officers of the corporation so elected shall hold office for the term of one year and until their successors are qualified. Any officer may be suspended or removed by a majority vote of all of the trustees. SECTION 6. No trustee or officer, except the executive secretary and/or the assistant secretary and/or the assistant treasurer shall receive any salary or compensation from the corporation. II 567981 Page 12 of 27 061181201209:46 AM SECTION 7. Any vacancy occurring in the Board of Trustees shall be filled by appointment by a majority of the remaining trustees. The person so appointed shall hold office until the next regular meeting of the members of the corporation,at which annual or adjourned annual meeting the vacancies for the remainder of the original terms, if any, shall be filled by election by the members in the regular manner. ARTICLE V Meetings SECTION 1. Annual Meetings of the members of the corporation shall be held at the principal place of business of the Corporation or at such other place as the Board of Trustees may elect. The Annual Meetings shall be held on the Saturday of Memorial Day weekend at 2 pm.. Notice thereof shall be given by the Secretary by mailing notice to each member not less than thirty days prior to the date of the meeting. SECTION 2. Special Meetings of the members may be called at any time by the President or a majority of the Board of Trustees or by members representing ten percent of the tracts within the jurisdiction of the Corporation. Notice of a Special Meeting, stating the object thereof, shall be given by the secretary by mailing such notice to each member not less than thirty days prior to the date on which such meeting is to be held. SECTION 3. For the transaction of business at all Annual and Special Meetings of the membership of the Corporation, a quorum shall consist of not less than fifty (50) voting members. Attendance at and participation in meetings may be in person or by proxy.. SECTION 4. Special meetings of the Board of Trustees shall be called at any time by the secretary on order of the president or of a majority of the Board of Trustees. The secretary shall give each trustee notice, personally,verbally, by mail or by telephone,of all regular and special meetings at least one day previous thereto. SECTION 5. A member may exercise his right to vote by proxy. ARTICLE VI Powers and Duties of Trustees SECTION 1. Subject to limitations in the Articles of Incorporation and the Bylaws and the Laws of the State of Washington, all powers of the corporation shall by exercised by or under the authority of,and the business and affairs of the corporation shall be controlled by, the Board of Trustees. Without prejudice to such general powers, and subject to the same limitations,it is hereby expressly declared that the trustees shall have the following powers: 12 567981 Page 13 of 27 06/18/201209:46 AM SECTION 2. To select and remove all the other officers, agents and employees of the corporation, prescribe such powers and duties for them as may not be inconsistent with law, with the Articles of Incorporation or the Bylaws, fix their compensation and require from them security for faithful service. SECTION 3. To conduct, manage and control the affairs and business of the corporation, and to make such rules and regulations therefore not inconsistent with law, with the Articles of Incorporation or the Bylaws,as they may deem best. SECTION 4. To issue certificates of membership only to the owners or purchasers of tracts herein before described, subject to such conditions or terms as provided in the Articles of Incorporation and the Bylaws. SECTION 5. To charge and/or assess the several parcels of land and the owners thereof as herein before more particularly set forth. SECTION 6. To cause to be kept a complete record of all minutes and acts and to present a full statement to the regular annual meeting of members showing in detail the condition of the affairs of the corporation. SECTION 7. : Pursuant of RCW 64.38.020, when the Board reasonably and in good faith incurs fees and expenses, such as legal fees, surveyor fees, title report fees, and court costs and expenses, to enforce the provision of its Covenants, Articles of Incorporation, Bylaws, Rules or other governing documents, either by communication, preparation, or lawsuit, it shall be repaid by the member(s) responsible, to include a court award of such fees to the Board. ARTICLE VII Duties of Officers SECTION 1. President. The President shall preside at all meetings of the trustees and members; he shall sign as President all certificates of membership and all contracts or other instruments in writing authorized by the Board of Trustees; he shall call special meetings of the trustees or of the members whenever he deems it necessary; he shall have and exercise under the direction of the Board of Trustees the general supervision of the affairs of the corporation. SECTION 2. Vice President. The Vice President shall preside at all meetings in the absence of the president, and in case of the absence or disability of the president shall perform all other duties of the president which are incidental to his office. SECTION 3. Secretary. The Secretary shall issue all notices and shall attend and keep the minutes of all meetings; he shall have charge of all corporate books, records and papers; he shall be custodian of the corporate seal, shall attest his signature and impress with the 13 567981 Page 14 of 27 06/18/201209:46 AM corporate seal all written contracts of the corporation; and shall perform all such other duties as are incidental to his office. SECTION 4. Treasurer. The Treasurer shall keep safely all moneys and securities of the corporation and disburse the same under the direction of the Board of Trustees. He shall cause to be deposited all funds of the corporation in a bank selected by the trustees. At each annual meeting of the members, and at any time directed by the trustees, he shall issue and present a full statement showing in detail the condition of the affairs of the corporation. SECTION 5. The executive secretary and/or assistant secretary and/or assistant treasurer, if appointed by the Board of Trustees,shall perform such duties as may be designated by it. SECTION 6. Any officer, other than the president, may occupy two offices concurrently if the Board of Trustees so directs. ARTICLE VIII Certificates of Membership and Transfers SECTION 1. A certificate of membership in the corporation shall be issued to each member. All such certificates shall be signed by the president, or vice president, and the secretary. SECTION 2. All memberships and certificates evidencing same shall be inseparably appurtenant to the tract, tracts, or fractional tracts owned by the holders thereof and upon sale or contract to sell such memberships and such certificates shall become the property of the grantee or purchaser as herein before provided. No transfer of membership shall entitle the transferee to vote the same until it has been established to the satisfaction of the secretary that such transfer is bona fide and has been made in the manner provided. SECTION 3. Unless specifically requested by the owner and holder thereof, it shall not be necessary that certificates of membership be actually issued but any owner or purchaser of a tract or tracts within the said district may exercise all of the rights and privileges and shall be subject to all of the liabilities of membership without the actual issuance and possession of such certificate of membership. ARTICLE LX Assessments SECTION 1. The members of the corporation shall be liable for the payment of such charges or assessments as may from time to time be fixed and levied by the Board of Trustees pursuant to the Articles of Incorporation and these Bylaws. Except for the entrance fee provided for in Article II, Section 5, ht rein, the amount of such charges and assessments levied upon each tract shall in no event, except as hereinafter provided, exceed in any one year the sum of fifty dollars($50.00). Charges and assessments against all members shall be 14 567981 Page 15 of 27 06/18/201209:46 AM levied by the Board of Trustees at a uniform rate per tract without distinction or preference of any kind. All charges or acsPssments,when collected by the corporation, shall remain the property of the members until such time as such charges or assessments are expended pursuant to the Articles of Incorporation and Bylaws of the Corporation. SECTION 2. From time to time, as and when any such assessments in this Article LX are levied,each member with respect to the land or interests therein to which his membership is appurtenant, shall pay the amount of such assessment against each tract owned to the corporation,at its office, within thirty days after the mailing of the notice of such assessment to the members; and the amount of such assessment, together with all expenses, attorney's fees and costs reasonably incurred in enforcing the same, shall be paid by the members and shall be a lien upon said land and the membership appurtenant thereto, superior to any and all other liens (except as in Section 3 of this Article otherwise provided)created or permitted by the owner of such land and enforceable by foreclosure proceedings in the manner provided by law for foreclosure of mortgages upon land; provided, that no proceedings for the foreclosure of any said liens in this Article IX provided shall be commenced except upon the expiration of four months from and after the date of mailing said notice of assessment in this section described. SECTION 3. First mortgage liens placed upon any of said tracts which are recorded in accordance with the laws of the State of Washington shall be, from the date of the recordation of such, superior to such assessments and the liens resulting there from as are levied by the corporation subsequent to the date of the recordation of the fast mortgage; provided, however, that the corporation is notified in writing of such first mortgage within thirty days after recordation of such. ARTICLE X Amendments These Bylaws may be amended by a majority vote of a twenty-five percent(25%)quorum of the membership. Voting may be in person or by proxy at any Annual or Special meeting duly called. ARTICLE XI Corporate Seal The Seal of the corporation shall be in circular form and shall contain the words "Olympic Canal Maintenance Co."and the words"Corporate Seal Washington 1962" in the form and style as affixed in these Bylaws by the impression of said corporate seal. is 567981 Page 16 of 27 06/18/201209:46 AM ARTICLE XII Date of Adoption These Bylaws are duly adopted by the corporation and the Corporate Seal thereof affixed on the 31st day of December, 1962. CHARLES B. JENNINGS President A I PEST: JAMES W. OLSEN, Secretary SUBSCRIBED AND SWORN TO before me this 31st day of December, 1962 VELTA M. STROMBERG NOTARY PUBLIC in and for the State of Washington, residing at Seattle. Dates of Amendments to Bylaws: The Corporation duly adopted amendments to these Bylaws and the Corporate Seal thereof affixed on the following dates: August 5, 1967 August 5, 1972 May 26, 2001 August 2, 1986 January 12, 1991 May 24,2008 April 13, 1996 March 11,2000 Bob Shadbolt, President A'1"1'EST: Shirley Cole, Secretary RESTRICTIONS SHOWN IN DEDICATION OF PROPERTY All building construction to have a minimum lot line clearance of: 20 feet from front line 5 feet from sidelines 25 feet from rear lines 16 567981 Page 17 of 27 06118/201209:46 AM Olympic Canal Tracts Nuisance Rules Purpose In order to maintain and improve our community in the years to come and because of increased population and associated activities, Olympic Canal Tracts (OCT) has a need to have in place certain nuisance rules and a published schedule of fines for violations of those rules. Authority The Board of Trustees is charged with the enforcement of the OCT Articles of Incorporation, Bylaws,policies,and all other governing documents. Complaints The Board will investigate any complaints about an OCT property owner(s) only if three or more OCT owners have made the same or similar complaint, in writing and signed. Responsible Person All OCT members are responsible for their own behavior, the behavior of their family members,people living with them,their tenants,and the guests of any of these. The member shall be held responsible for any violation(s) committed by them or any person as listed above. Complaint Committee The committee shall consist of three Board of Trustee members, who will be appointed at the first Board Meeting following the Annual Meeting of members. Nuisances generally defined A nuisance is a condition or action that unreasonably offends or annoys other members. Nuisances can involve, for example, pets, garbage, septic systems, noise, firearms, vehicles and behavior. "Unreasonably" is judged within the context of the Olympic Canal Tracts development, and the sole authority for making a determination of unreasonableness is the Board of Trustees. The Complaint Committee is the sole authority for making a determination to proceed or dismiss the complaint. Complaint Process I. The Complaint Committee of three Board Members will initially review the complaint. It will then either proceed with the appropriate action, or dismiss the complaint. 2. The committee will then evalume the complaint by visiting the site and/or discussing the problem with the responsible member. 17 567981 Page 18 of 27 06/18/201209:46 AM 3. If after investigation, the Committee determines that a provision of the OCT Nuisance Rules has been violated, a notice of voluntary correction letter will be the first attempt at obtaining compliance. 4. The Notice of Voluntary Correction shall state the following: a. The street address, when available,and/or a legal description of real property sufficient to identify where the violation occurred or is located; b. The description of the activity that is causing a violation; c. Each provision violated under the OCT Nuisance Rules; d. The corrective action necessary to comply with said provisions; e. A reasonable time and date by which the corrective action is to be completed. However, in no event shall the time given for voluntary correction be greater than 60 calendar days f. That continued or subsequent violation may result in civil enforcement actions,as provided in the OCT Articles of Incorporation and Bylaws. 5. Following a Notice of Voluntary Correction, the Committee and person in violation may meet to develop a compliance plan. A compliance plan shall establish a reasonable and specific time frame for compliance. No further action will be taken if the terms of the compliance plan are met. If voluntary compliance is not obtained, the committee will meet to decide and recommend what action should be taken next. 6. Upon written request received prior to the date set for correction, the committee may, for good cause shown,grant an extension of the date set for correction for an amount of time as deemed reasonable by the committee. The committee may only consider as good cause: a. Substantial completion of necessary correction; b. Unforeseeable circumstances not caused by the person so as to make completion impossible by the date established; or c. Procedural requirements for obtaining a permit to carry out the corrective action. 7. If the complaint cannot be settled, by compliance with either a notice of voluntary correction or a Compliance Plan, the Board of Trustees will hold an open hearing. The property owner(s) will be given 30 days written notice by registered mail. If either side needs to postpone the meeting, a notice must be given 7 days prior to the meeting. A quorum of the Board of Trustees will be present,with the OCT President conducting the hearing. Both sides will be able to present their case and have witnesses heard. Each side will be given a reasonable time to present their case. 8. After all the information has been presented,the Board will issue a decision within 7 days. The written decision shall be sent by registered mail to the member(s) in violation. 9. The violator will be given 2 weeks from date of the letter to initiate corrective action, if necessary. If no corrective action is taken or the violator has not contacted the Board with a specific plan of action within two weeks, a $100 fine(s) will be given. Thereafter, a $100 fine will be added every 30 days until a plan of action has been received. If after 6 months, the Board has not received a response from the violator the matter will be referred to the OCT attorney. The violator will be responsible for all fines and actual costs incurred. 18 567981 Page 19 of 27 06/18/201209:46 AM Nuisance Types are briefly described below: Health Nuisance A condition that causes an unhealthy situation as defined by the Jefferson County Health Department. For example: garbage or trash that accumulates to such a state that a fire danger is created or it becomes a haven for rodents or other vermin; open or failed septic systems; or improper storage of toxic chemicals. Junk Vehicle Nuisances To store junk vehicles or parts thereof on private property unless the vehicle or parts is completely enclosed within a building where it is not visible from the street or neighboring properties. See Jefferson County Unified Development Code: Outdoor Residential Storage. A junk vehicle shall be defined as a motor vehicle that meets at least three of the following requirements: • Is three years old or older • Is extremely damaged. Such as, but not limited to, any of the following: broken windows,or missing wheels,tires, motor or transmission. • Is apparently inoperable • Has a fair market value equal only to the value of the scrap in it. Hazard Nuisance 1. Any abandoned or partially destroyed structure that may endanger the residents of the neighborhood. 2. Any unprotected or abandoned excavation,pit, well, or hole dangerous to life. 3. Any shooting of firearms,or explosion of fireworks or explosives of any kind within OCT. Fireworks may be allowed on certain dates and locations as approved by the Board of Trustees of OCT. Noise Nuisance This is a situation that repeatedly causes excess noise between the hours of 10:00 pm and 8:00 am. For example: the playing of loud music or the running of a non-muffled engine or other equipment. Animal Nuisance 1. An animal that is not restrained by the owner(s) and is allowed to run freely throughout OCT. 2. The keeping or harboring of any dog or other animal which, by frequent or habitual howling, yelping, barking or the making of other noises, annoys or disturbs the neighborhood. 3. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot for the purposes of resale. 19 567981 Page 20 of 27 06/181201209:46 AM Trash Nuisance Trash/litter must be visible from the road or neighboring properties. Such as, but not limited to, rags, empty barrels, boxes, crates, mattresses, bedding, lumber that is not neatly piled, scrap iron or any other material not neatly piled Commercial Business Nuisance The erection, continuance or use of any building, room or other place in said Olympic Canal Tracts for the exercise of any trade, employment or manufacture which may cause noxious exhalations, offensive odors, excessive traffic, or is discomforting or offensive or detrimental to the health of individuals or of the public. The Olympic Canal Tracts is not zoned for commercial business. Adopted by Membership: January 12, 2002 President: Jacqueline Hartley Secretary: Judy Eaglestone 20 567981 Page 21 of 27 061131201209:46 AM Olympic Canal Maintenance Co. Membership Rights& Duties OFFICE: Olympic Canal Maintenance Co. PO Box 703 310703 Hwy. 101 Brinnon, WA 98320 Office Phone: (360)796-4141 Fax: (360)796-3540 E-Mail: ocmctr@embargmail.com Hours: Thursday&Friday 9am-2pm Saturday 9am—2pm MEMBERSHIP DUES: Annual Membership dues are $50 per lot. Statements are mailed mid-April. Payment must be received by May 31; and are delinquent thereafter. Membership cards will be issued only when dues are paid in full. Membership rights are forfeited while dues are delinquent. These include: 1. Use of beach and boat ramp. 2. Voting privileges. 3. Cannot attend Annual Meeting. 4. Cannot hold Board of Trustee position. 5. Personal use of Canal or River Kitchens. CURRENT POLICY ON DELINQUENT ACCOUNTS: 1. After 30 days and every month thereafter, until account is paid in full, a $5 penalty will be added to the member's account. 2. After 5 months, the member will be notified that a lien will be filed against their lot(s). A charge equal to cost of filling the lien will be added to the member's account if a lien is filed. 3. After 6 months, if payment arrangements have not been made, the account is turned over to the OCMC attorney for further action. All attorney fees will be charged to the member's account. BOAT LAUNCH: Current membership card and ID must be visible. Members may use the boat ramp for launch and recovery of their personal boats and boats of friends when accompanied by a member. Vehicle launching the boat must have a visible current year tab or a special one-day vehicle pass. This pass is available at the OCMC office or from the Beach Patrol. A member must leave and return with boat being launched. There will be no exceptions! Do not block usage by tying up to the floating dock for excessive periods of time. Courtesy and observing the rules of correct water safety procedures are encouraged. Children are not allowed to play on dock. 21 567981 Page 22 of 27 06/18/201209:46 AM WATER USE FROM COMMUNITY WELLS: All members are entitled to the use of water for cooking, camping, etc. from the wells on Salmon Street, at the River Kitchen and the Canal Kitchen. However, the members of Division #1 are maintaining the wells at the Canal Kitchen both financially and physically. Due to the limited supply of water available from the well located at the Canal Kitchen, members are urged to use the River Kitchen or Salmon Street wells as much as possible. Canal & River Kitchen: Members may reserve the facilities by contacting the OCT office. A refundable $25.00 cleaning deposit is required to reserve either kitchen area. The deposit will be refunded if facilities are left clean. Canal Kitchen Rules 1. No cutting on the counter tops. Please use a cutting board. 2. Clean the range and make sure it is turned off after each use. This includes the oven. 3. Clean up any messes that may have been made in the refrigerator and remove any unused food. 4. If necessary,mop the floors. 5. Make sure the water is turned off. 6. Make sure all of the windows are closed and secured. 7. Please replace the paper towels or any other supplies you may have used from the kitchen. A small donation for replacement of supplies is acceptable. 8. Please make sure no one sits on the stove. Make sure the stove thermostat is set on #1 before you leave. 9. Turn off the lights and lock all doors. 10.Make sure restrooms are clean& locked. 11. Remove all decorations and signs from Kitchen area&OCMC property. River Kitchen Rules 1. Remove all trash from the floor,tables,and barbecues. 2. Remove trash from surrounding area. 3. Remove all decorations & signs from OCMC property. Such as crepe paper, balloons,tape,pins, nails,and staples. 4. Clean up food spills from the floor,tables, benches,&barbecues. 5. If the tables were removed from the enclosure,please return them. 6. Make sure restrooms are clean and locked. 7. The Maintenance Personnel will clean the R/K area before a reservation. However, because other members often use the area, the area may need a touch-up cleaning by you before your party. USE OF PROPERTY BY FRIENDS AND RELATIVES: Owners of property in Olympic Canal Tracts may exercise all property rights by allowing friends and relatives to use their individual lot(s). Membership rights are non-transferable. 22 s 567981 Page 23 of 27 06/18/201209:46 AM VEHICLES AND SPEED LIMITS: All roads in the development are County roads and are posted with speed limits. Unlicensed vehicles, such as trail bikes, midget cars, motor scooters, etc., are subject to State & County laws and operated on county roads only if licensed. Violators do so at the risk of arrest & fines. You are prohibited from using off- road recreational vehicles(such as listed above)on OCMC properties. OPEN MEETINGS: All regular Board of Trustees monthly meetings are open meetings and members are urged to attend. They are held in the Canal Kitchen on the second Saturday of each month at 10 a.m. Contact the office during regular business hours,to place items on the Agenda for discussion. The meetings are conducted in an orderly manner with the last portion open to questions and comments by the membership. WORK PARTIES: volunteer work parties accomplish much of the work required to maintain the facilities, beaches, boat ramp, park grounds, etc. Some members, who are unable to volunteer due to distance or physical disabilities, may make "Cash donations" in lieu thereof. CASH IS ALWAYS WELCOME. Donations may be made at the office. If you wish to volunteer for work parties, you may leave your name and phone number with a Board Member or the OCMC office. NOTARY: The members are welcomed to come to the office, during regular office hours, and have documents notarized. Members will not have to pay for this service. A fee of $2.00 will be charged to all non-members. FAX: There is a fax machine located at the OCMC office. Members may bring their documents and the Executive Secretary will be happy to send them for a nominal fee. 23 • • 567981 Page 24 of 27 061181201209:46 AM Co—Owner Policy Up until March 1996, dues were accessed per membership. In March 1996,the Bylaws were amended to read that dues would be assessed per lot. That left the co-owners not liable for any dues but still retaining the right to use the facilities. In November 1996 and in April 1997, town meetings were held for members to express concerns and ideas. The biggest concern was how the co-owners should be assessed. At the 1997 Annual Meeting, an advisory vote was taken concerning the co-owners. The majority of the votes felt that charging $50 per lot should give membership rights to two people listed on the deed. Any other person on the deed would be considered co-owner(s) and should pay $25 per person, if they desired facility use privileges. As you can see, there is overwhelming support from members to bring a fair and equitable solution for charging co-owners. At the May Board Meeting,the Board of Trustees passed the following motions: • From this date, May 13, 2000, new co-owners will not be accepted for Membership Rights. • Current co-owners that wish to use the facilities will be assessed $25 each,as of May 1, 2001. To make it easier for members to understand, the Board defined membership and co-owners as follows: o A membership is defined as the first two owners listed on the deed on or before May 13,2000. o Co-owners are defined as any other person listed on the deed on or before May 13,2000. Co-owner Guidelines 1. All owners must be listed on the deed and the deed must be on file at the OCMC office. 2. After May 13,2000,new co-owners will not be allowed to obtain a Facility Use Card. 3. For each assessment of$50 per lot, two owners listed on the deed on or before May 13, 2000, will hold membership rights. They will be entitled to all membership privileges and be issued a Facility Use Card. 4. All other owners listed on the deed may obtain a Facility Use Card by paying an annual fee of$25 per person. The new fees will take effect May 1,2001. 5. For those co-owners who pay the $25 fee to obtain Facility Use Cards, they will be allowed facility use only. This includes the beach, canal kitchen, river kitchen, parks, and other facilities as set by the Board of Trustees. The card will not give you voting rights. The Bylaws state: 6. Article 11, Sec. ](third sentence): "If two or more persons, the several owners of such interest, hold any lot or lots shall be deemed a single member and shall be entitled collectively to cast one vote(one vote per lot)" It will be the responsibility of each co-owner to notify the office of their wish to obtain Facility Use Card. 24 • 3 567981 Page 25 of 27 06/18/201209:46 AM Member's Rights at Meetings Resolution No.2001-100 Purpose: The purpose of this Resolution is to make dear rules for the participation of members in Olympic Canal Maintenance Company activities and decisions. Findings: The Board of Directors fmds the following: 1. The most important asset of Olympic Canal Maintenance Company is its members, and their participation in the joint effort to make the Olympic Canal Maintenance Tracts development a better community for all. Members are encouraged to participate in all Olympic Canal Maintenance Company activities and decisions,and to lend their efforts to the common good. 2. However,the participation of each member must be balanced with the rights of other members to participate as well. Occasionally, a member will not fully appreciate the need to reach such a balance, and will participate in a way that can be disruptive, or exclude other members from participating. Board Action: To help all members appreciate their rights to participate, as well as the rights of others to participate,the Board of Directors adopts the following rules: I. When participating in Olympic Canal Maintenance Company activities, decision- making. Or other business,all members will be afforded the right to be heard. 2. All members will keep in mind the rights of other members to participate as well. 3. If a member is not able to respect the rights of other members, staff, agents, volunteers, or employees, while participating in Olympic Canal Maintenance Company activities, decision-making, or other business, by becoming disruptive in any way, the Board may take corrective action. Depending on the circumstances, past incidents, and other factors it deems appropriate, the Board may limit a member's participation, require him or her to leave, or take any other steps it reasonably deems advisable to protect and balance the participation rights of all members, and the civil rights of all employees, staff, volunteers, agents and members. 4. Because the Board is the agent of the association for the purpose of control of Olympic Canal Maintenance Company facilities, the Board may require that a member not enter or remain in Olympic Canal Maintenance Company facilities, including offices, or have unpermitted contact with meetings, employees, staff, volunteers, agents and members, and so on, for an appropriate period of time. If the member refuses to comply, the Board may refer the matter to criminal authorities for investigation of trespass. • If the Board is forced to expend any funds to take any action,or enforce any action taken, pursuant to this rule,including attorney fees and/or any other fees and costs,any amounts expended shall be assessed against the member, and considered as an annual assessment for lien and collection purposes. This resolution was adopted at the regular board meeting of the OLYMPIC CANAL MAINTENANCE COMPANY Board of Trustees on December 8,2001. Jacqueline Hartley,President Judith Eaglestone, Secretary 25 567981 Page 26 of 27 06/18/201209:46 AM Olympic Canal Maintenance Co. Proposed Bylaw Amendment Q 6 — 2001 /?yyLrn L /f? it Cr-t,t/ 6" Article IV,Section 2 The purpose of the proposed change is to make the language of this section concur with the previous amendments to the Bylaws concerning the Annual Meeting dates. As it reads now: SECTION 2. The trustees shall be divided into two slates, each slate to consist of an equal number of trustees, or if the total trustees are of an unequal number, the first slate shall consist of one more trustee than the second slate. Trustees shall be elected to serve for two years, or until their successors are elected and duly qualified. The term of office of the first slate shall expire on the 1st Saturday of August of every odd-numbered year, and the term of office of the second slate shall expire on the 1st Saturday of August of every even-numbered year. In order only to establish the initial staggering of terms of trustees, the terms of four of the present trustees whose terms would ordinarily expire on August 4, 1973, shall be shortened one year, and the five remaining trustees shall be the first slate of trustees; and the members of the corporation shall at the annual meeting of the corporation to be held in August of 1972 vote to elect only four trustees, which shall be the second slate of trustees, whose terms shall expire on August 3, 1974. The present Board of Trustees as constituted prior to the August, 1972 meeting shall determine which five of their number shall remain one more year to complete their present term of office. Proposed change to the 3`a sentence: The term of office of the first slate shall expire on the Saturday of Memorial Day weekend of every odd-numbered year,and the term of office of the second slate shall expire on the Saturday of Memorial Day weekend of every even-numbered year. asq- F© ' 3 _/la 41/4/s-7-- I D ' i9 '7-4/ti s - por1,vEd mN6 /a4sse x'119 y ,c zoo/ • 567981 Page 27 of 27 06/18/201209:46 AM Olympic Canal Maintenance Co. Annual Meeting—May 24,2008 Proposed Bylaw Change Please compare the underlined section under each"As it now reads"to the"Proposed change". CHANGE 1: Article V,Section 1: Meetings As it reads now: Annual Meetings of the members of the corporation shall be held at the principal place of business of the Corporation or at such other place as the Board of Trustees may elect. The Annual Meetings shall be held on the Saturday of Memorial Day weekend at 3 pm. Notice thereof shall be given by the Secretary by mailing notice to each member not less than 30 days prior to the date of the meeting. Proposed change: Annual Meetings of the members of the corporation shall be held at the principal place of business of the Corporation or at such other place as the Board of Trustees may elect The Annual Meetings shall be held on the Saturday of Memorial Day weekend at 2 pm_ Notice thereof shall be given by the Secretary by mailing notice to each member not less than 30 days prior to the date of the meeting. Why the change? Several years ago,it was decided at the annual meeting that the better time to have the meeting was at 2 pm rather than 3 pm.Due to all the other activities that happen in Brinson on the same weekend as our meeting, it was decided to change the time to get the best possible attendance This change will bring our bylaws up to date. Proposed Change to Membership Rights&Duties CHANGE 2: Current Policy on Delinquent Accounts,pars 2: As ft reads now: After 5 months,the member will be notified that a lien will be filed against their hot(s). A charge of,F.82 will be added to the member's account if a lien is filed. Proposed change After 5 months,the member will be notified that a lien will be filed against their lot(s). A charge eQual to costs of fhln the lien will be added to the member's account if a lien is filet Why the change? $82 will no longer cover the cost of filing and releasing a lien. This change is needed to allow the correct reimbursement to the organization whenever a lien is filed No amount is stated so that this change does not have to be proposed every time the costs go up. Please vote your choice: ,21c9 A. Bylaw Amendment: #1 (Annual Meeting Time)Article V, Section 1 2 `//-/-0 For Against Abstain iZ l/D/O / jJs I,O B. Bylaw Amendment #2 ()Caen Charge)Membership Rights& Duties /sifil For Against Abstain 2 y ,Zook 578292 PGS : 2 COV 06!13!2013 12:05 PM $73.00 OLYMPIC CANA_ MAINTENANCE CO. Jefferson County WA Auditor's Office - Dolna Eldridt3e, Auditor Ell FM Ilk I 'I#1.filti111.11 0t.R rill After Recording Return to: Olympic Canal Maintenance Co. 310703 Hwy 101 P.O Box 703 Brinnon, WA 98320 ft Pages 2 Document Title Covenant Bylaws and Membership Right & Duties changes Reference number (s) of related documents Recording of recent document #567981 06/18/2012 Quarter Section Township Range Sect: 16 Town: 25 Range: 2W Sect: 21 Town: 25 Range: 2W Parcel Number 981002227-981002228-981601701-98190411 502211014-502211019-502214003 Grantor Olympic Canal Maintenance Co. Grantee Olympic Canal Maintenance Co. Y Y • 578292 Page 2 of 2 08/13/2013 12:05 PM Olympic Canal Maintenance - Annual Meeting— May 25, 2013 Proposed Bylaws Change Change: ARTICLE IX,SECTION 1: Assessments As it reads now: The members of the corporation shall be liable for the payment of such charges or assessments as may from time to time be fixed and levied by the Board of Trustees pursuant to the Articles of Incorporation and these Bylaws. Except for the entrance fee provided for in Article II, Section 5,herein,the amount of such charges and assessments levied upon each tract shall in no event, except as hereinafter provided, exceed in any one year the sum of fifty dollars ($50.00). Charges and assessments against all members shall be levied by the Board of Trustees at a uniform rate per tract without distinction or preference of any kind. All charges or assessments, when collected by the corporation, shall remain the property of the members until such time as such charges or assessments are expended pursuant to the Articles of Incorporation and Bylaws of the Corporation. Proposed change: The members of the corporation shall be liable for the payment of such charges or assessments as may from time to time be fixed and levied by the Board of Trustees pursuant to the Articles of Incorporation and these Bylaws. Except for the entrance fee provided for in Article II, Section 5, herein, the amount of such charges and assessments levied upon each tract shall in no event, except as hereinafter provided, exceed in any one year the sum of seventy, dollars ($70.00). Charges and assessments against all members shall be levied by the Board of Trustees at a uniform rate per tract without distinction or preference of any kind. All charges or assessments, when collected by the corporation, shall remain the property of the members until such time as such charges or assessments are expended pursuant to the Articles of Incorporation and Bylaws of the Corporation. Proposed change to Membership Right & Duties Change 2: Membership Dues: paral: As it reads now: Annual Membership dues are $50 per lot. Statements are mailed mid-April. Payment must be received by May 31; and are delinquent thereafter. Membership cards will be issued only when dues are paid in full. Membership rights are forfeited while dues are delinquent. Proposed Change: Annual Membership dues are 70 per lot. Statements are mailed mid-April. Payment must be received by May 31; and are delinquent thereafter. Membership cards will be issued only when dues are paid in full. Membership rights are forfeited while dues are delinquent. 0 - / fa qu- Hartley, O "'!' Presiders 1 Date -- _ . I 2d/-3 . •net Peterson, OCMC Secretary Dat a IIIIfUIII'11111111111111111101 I1I 443080 a4ls7#2aoi ie :asa Jefferson County, WA OLYMPIC CANAL TRACTS COY a.ea After recording return to: Olympic Canal Tracts 310703 Hwy 101 Brinnon,WA 98320 RESTRICTIVE COVENANT The grantor(s)herein is(are)the owner(s)of the following described real estate situated in JEFFERSON County, State of Washington: Beach Club Home and Community Park ha Olympic Canal Tracts near the NW V..of the SE Y. Section 21,TWP25N,R2W W.M. The grantee(s)herein,RESIDENTS OF ADDITION 1,OLYMPIC CANAL TRACTS operate(s)a well and waterworks supplying water for public use,located upon the following described real estate situated in JEFFERSON County,State of Washington: Olympic Canal Tracts,Addition I,and Beach Clubhouse,Sec 21,TWP25N,R2W, W.M. Jefferson Co.,WA which well and waterworks is in close proximity to the land of the grantor(s),and said grantee(s)is(are)required to keep the water supplied from said well free front impurities which might be injurious to the public health. It is the purpose of these grants and covenants to prevent certain practices hereinafter enumerated in the use of the said grantor(s)land which might contaminate said water supply. NOW,THEREFORE,the grantor(s)agree(s)and covenant(s)that said grantee(s),its successors and assigns said covenants to run with the land for the benefit of the land of the grantee(s),that said his(her)grantor(s),(their)heirs, successors and assigns will not construct,maintain,or suffer to be constructed or maintained upon the said land of the grantors)and within 100(One Hundred)feet of the well herein described,so long as the same is operated to furnish water for public consumption,any potential source of contamination,such as septic tanks and drainfields, sewalines,underground storage tanks,railroad tracks,structures,barns,feed stations,grazing animals,enclosures for maintaining fowl or animal manure,liquid or dry chemical storage,herbicides,insecticides,hazardous waste,or garbage of any kind or description. These covenants shall run with the land and shall be binding to all parties having or acquiring any right,title,or interest in the land described herein or any part thereof,and shall inure to the benefit of each owner thereof. WITNESS hand on this A) •: y of • NO 2001. /L!/.e.,.• /QC _ (Seal) grf (Seal) Qtantr.s) State of Washington) / County of Jefferson) I,the undersigned,a Notary Public in and for the above named County and State,do hereby certify that on this �►sl day of ppfz.1 t_ ,2001,personally appeared before me jIl lUi R fL L.F�n1()E1J ESPt(-Ii and JRLQNELINf:, }t}'s RT Ley tome known tobe the individuals described in and who executed the within instrument,and acknowledge that they signed and sealed the same as free and voluntary act and deed,for the uses and purposes therein mentioned. r GIVEN under my hand and official seal the day and year last above written. .��%%%% Mtl,,,;4" #, I Printed Name: Billi Meundorf / t•0 Notary Public in and for the State of Washington, = Residing at Lilliwaup,WA 001104 1 F. My Commission expires: January 10,2005 r ., int 1.4N/1../ 1� %%%%%%%%Whh*s s%% DRAFT - NOT A VALID PERMIT JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT UNIFIED DEVELOPMENT CODE TYPE I LAND USE PERMIT APPLICANT: JIM FANNIN CAPRI FANNIN 706 S 56TH AVE YAKIMA WA 98908-4220 DATE ISSUED: DATE EXPIRES: MLA NUMBER: MLA15-00047 PROJECT CONTACT:Anna Bausher PROJECT DESCRIPTION: BOUNDARAY LINE ADJUSTMENT- LOT CONSOLIDATION TO CONSOLIDATE 2 EXISTING PARCELS INTO ONE PARCEL PROJECT LOCATION: Parcel Numbers: 980 100 309 and 980 100 324; Section 21, Township: 25N, Range: 2W; Site Address: 161 Canal Lane, Brinnon WA, 98320. CONDITIONS: 1.) Consistent with JCC Title 18.35.080(3), the Statement of Intent shall be recorded with the Jefferson County Auditor. An Excise Tax Affidavit will need to be completed and filed at the Jefferson County Treasurers office. Appropriate documents and fees shall be submitted to the Department of Community Development for department signatures and recording. 2.) Approval of this Boundary Line Adjustment- Lot Consolidation does not guarantee the approval of any future county permits and/or approvals. 3.) Consistent with JCC 18.35.080(5), pursuant to RCW 86.56.345, current year and any delinquent taxes shall be paid before approval of any boundary line adjustment. 4.) Approval of this BLA does not provide any assurance that an onsite sewage system can be approved for the resulting lots. No soils were evaluated as part of this application. Onsite sewage disposal systems shall meet design standards and regulatory requirements in effect at the time of application for a sewage disposal permit. Purchaser should contact the Jefferson County Health Department for procedures concerning permit applications. Any removal of or major disturbances of soil within the proposed drainfield areas may create site conditions that are unacceptable for the installation of sewage disposal systems. 5.) 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. 6.) 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 ESAs.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. 7.) 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. 8.) Consistent with JCC 18.35.080(1), Sherrie Shold and Charlotte Stockard from the Assessors Office have reviewed and commented on the proposal. 9.) To help prevent seawater from intruding landward into underground aquifers, all new development activity on Marrowstone Island, Indian Island and within 1/4 mile of any marine shoreline shall be required to infiltrate all stormwater runoff onsite. 10.) VOLUNTARY MEASURES OF COASTAL&AT RISK SIPZ: Water conservation measures: 1. Roof and other intercepted precipitation shall be routed to on-site detention ponds and/or other approved means and allowed to be released to the soil slowly. 2. Water collected from Storm water and roof catchments may be used for watering lawns and gardens. Unless catchment water has been treated to meet drinking water standards, there shall be no cross connections allowed between the potable supply and impounded water. 3. Water withdrawn from wells on each property shall not be used for watering of lawns and/or gardens. 4. Ground water withdrawn from each property shall be restricted to a rate of three (3)gallons per minute. 5. Installation of water conserving fixtures such as low flow toilets, faucets and shower restrictors and other water saving plumbing fixtures. 6. Landscaping plan (xeriscaping, native vegetation with minimal amounts of irrigation). Please NOTE that the above listed measures are not intended to be exhaustive, but rather is intended to be illustrative of the types of water conservation measures. 11.) VOLUNTARY MEASURES OF COASTAL &AT RISK SIPZ: 1. Installation of a flow meter. 2. On-going well monitoring for chloride concentration. 3. Submittal of monitoring data to County. 12.) MANDATORY MEASURES FOR COASTAL SIPZ: 1. For proof of potable water on a building permit application, applicant must utilize DOH-approved public water system if available. 2. If public water is unavailable, a qualifying alternative system may be used as proof of potable water or an individual well may be used as proof of potable water subject to the following requirement: a. Chloride concentration of a laboratory-certified well water sample submitted with building permit application. b. Installation of source-totalizing meter(flow). 13.) Landslide Hazard Areas and their associated buffers shall remain naturally vegetated. Should buffer disturbance occur during construction,the Unified Development Code (UDC)Administrator shall require replanting with native vegetation. No alterations shall be made to the Landslide Hazard Area or its associated buffer without prior authorization by the UDC Administrator. FINDINGS: 1.) The Administrator finds that this application complies with applicable provisions of the Unified Development Code, all other applicable ordinances and regulations, and is consistent with the Jefferson County Comprehensive Plan and Land Use map. 2.) F -The proposal is consistent with JCC Title 18.35.060(1)(a). 3.) F -Consistent with JCC Title 18.35.060(2)(a), the proposal will not create an additional lot, tract, or parcel. 4.) F- Consistent with JCC Title 18.35.060(2)(b), the proposal is not within a binding site plan. 5.) F- Consistent with JCC Title 18.35.060(2)(c), the proposal will not relocate an entire lot, tract, or parcel from onE parent parcel into another parent parcel. 6.) Consistent with JCC title 18.35.060(2)(d)the proposal does not cross zoning districts. 7.) Consistent with JCC Title 18.35.060(2)(e), the proposal is not inconsistent with any restrictions or conditions of approval for a recorded short plat or long plat. The proposal will not circumvent the short subdivision or long subdivision procedures. 8.) Consistent with JCC Title 18.35.060(2)(f), the proposal will not separate an Accessory Dwelling Unit from the primary use of the property. 9.) Consistent with JCC Title 18.35.060(6),the proposal does not involve more than two lots, tracts or parcels that have been subject to a boundary line adjustment process within five years. 10.) Consistent with JCC 18.35.060(3), 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. 11.) The proposal is in compliance with JCC 18.35.080(2)(a)-(i), consistent with this code section the proposal may be approved. 12.) The application was reviewed by the Jefferson County Department of Community Development staff on August 6, 2015 for the potential presence of Environmentally Sensitive Areas (ESAs) under the provisions of the Unifiec Development Code (UDC). After an initial Geographic Information Systems mapping review and an investigative site inspection, the following ESAs were confirmed to be present on the subject property: marine shoreline fish and wildlife habitat conservation area; shoreline designation area shoreline residential, aquatic, and proprity aquatic; coastal seawater intrusion zone; geologically hazardous area. 13.) Geologically Hazardous Areas in Jefferson County are characterized by slope, soil type, geologic material, and groundwater that may combine to create problems with slope stability, erosion, and water quality during and after construction or during natural events such as earthquakes or severe rainstorms. 14.) Marine shorelines and islands are susceptible to a condition that is known as seawater intrusion. Seawater intrusion is a condition in which the saltwater/freshwater interface in an aquifer moves inland so that wells drillec on upland areas cannot obtain freshwater suitable for public consumption without significant additional treatment and cost. Maintaining a stable balance in the saltwater/freshwater interface is primarily a function of the rate of aquifer recharge(primarily through rainfall)and the rate of groundwater withdrawals(primarily through wells). The Washington Department of Ecology is the agency with statutory authority to regulate groundwater withdrawal for individual wells in Jefferson County. New development, redevelopment, and land use activities on islands and in close proximity to marine shorelines in particular should be developed in such a manner to maximize aquifer recharge and maintain the saltwater/freshwater balance to the maximum extent possible by infiltrating stormwater runoff so that it recharges the aquifer. 15.) The parcel is located within a coastal SIPZ(seawater intrusion protection zone)according to the County GIS map. There are voluntary and mandatory measures identified in the Jefferson County Seawater Intrusion Polio (Resolution 61-02, effective September 23, 2002)that apply to well drilling proposals and building permit applications on existing lots of record. A Coastal SIPZ is defined as: all islands and area within one-quarter mile of marine shoreline, but no history of chloride concentration above 100 mg/L in groundwater sources within 1000 feet. 16.) Jefferson County determined that this proposal is categorically exempt from review under the State Environmental Policy Act(SEPA) pursuant to WAC 197-11-800(6)(f). J 17.) This approval is for a boundary line adjustment- lot consolidation of two (2)existing parcels into one (1) resulting parcel only. Any future permits on this site are subject to review for consistency with applicable codes and ordinances and does not preclude review and conditions which may be placed on future permits. 18.) The parcel has been designated as Rural Residential 1 DU/5 Acres (RR1:5) under the Jefferson County Comprehensive Land Use Map effective August 28, 1998. 19.) NOTICE: This permit does not excuse the proponent from complying with other local, state, and federal ordinances, regulations, or statutes applicable to the proposed development, but consistent with RCW 90.58. Development pursuant to this permit shall be undertaken subject to the applicable policies and performance standards of the Jefferson County Shoreline Management Master Program and the Jefferson County Unified Development Code. If during excavation or development of the site an area of potential archaeological significance is uncovered, all activity in the immediate area shall be halted, and the Administrator shall be notified at once. The Federal Endangered Species Act rules to protect threatened Chinook and Summer-run Chum salmon became effective on January 8, 2001. Bull trout have been listed as threatened since early 2000. Under the ESA, any person may bring lawsuit against any individual or agency that"takes" listed species (defined as causing harm, harassing, or damaging habitat for the listed species). In addition, the National Marine Fisheries Service can levy penalties. Portions of Jefferson County, including marine environments are included as "critical habitat"for listed species. Development of property along any marine shoreline,freshwater shoreline, or floodplains could harm habitat if protective measures are not taken. To minimize the potential to damage habitat, all property owners developing adjacent to marine shoreline,freshwater shoreline, or floodplains are advised to do the following: -All development activities should avoid unstable slopes, wetlands, and forested areas near surface waters - Remove minimal vegetation for site development, especially large trees -Allow trees that have fallen into surface waters to remain there - Infiltrate stormwater from buildings and driveways onsite through drywells rather than discharging directly into surface waters or roadside ditches The Federal Bald and Golden Eagle Protection Act requires landowners within 660 feet(1/8th of a mile)of an eagle nest to consult with the US Fish and Wildlife Service. This Eagle Act prohibits anyone from "taking" bald eagles. This federal law defines the term "take" and describes the possible legal consequences when a "take" occurs. Among other actions, "take" includes a disturbance of bald eagles or their habitat. Under federal law a permit may still be required for activities that impact bald eagles or their habitat. Contact the US Fish and Wildlife Service (http://www.fws.gov/pacific/eagle/)to learn more about how this law affects your project. Any individual, group, or agency can bring suit for a listed species "taking", even if you are in compliance with Jefferson County development codes. The risk of a lawsuit against you can be reduced by consulting with a professional fisheries habitat biologist, and following the recommendations for site development provided by the biologist. For more information, contact the National Marine Fisheries Service in Seattle, or the U.S. Fish and Wildlife Service. APPEALS: Pursuant to RCW 36.70C,the applicant or any aggrieved party may appeal this final decision to Jefferson County Superior Court within twenty-one(21)candar days of the date of issuance of this land use decision. For more information related to judical appeals see JCC 18.40.340. UDC Administrator MLA15-00047 1\tidemark\data\forms\F_MLT_Type1_Preview.rpt 9/28/2015 AFTER RECORDING MAIL TO: Name: Jim and Capri Fannin Address: 706 S 56th Avenue lv/ City/state: Yakima,WA 98908 Boundary Line Adjustment—Lot Consolidation MLA 15-00047/SUB15-00014 Grantor(s): 1. Jim and Capri Fannin Grantee(s): 1. Jim and Capri Fannin Legal Description:Parcels involved in the adjustment are currently legally described as follows(include Assessor's Property Tax Parcel Account Numbers): Parcel A: TPN: 980 100 324; Section 21,Township 25N,Range 2W; See attached Exhibit A Parcel B:TPN: 980 100 309; Section 21,Township 25N, Range 2W; See attached Exhibit B Boundary line subject to adjustment described as follows(new legal description): Section 21, Township 25N, Range 2W; See attached Exhibit C The nature of the adjustment is described as follows: Consolidate parcels A &B into one parcel. 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. • Exhibit A Current Legal Description Lot 11 in Block 3 of Olympic Canal Division No. 1, as per plat recorded in Volume 4 of Plats, page 33, records of Jefferson County, Washington; Together with the following described property lying between the Northerly and Southerly lot lines of said Lot 12 extended Easterly, as conveyed by instrument recorded October 10, 1974 under File No. 225344, being a portion of Government Lot 4,Section 21,Township 25 North, Range 2 West, W.M: Beginning at the Northeasterly corner of Lot 11, Block 3, said Olympic Canal Addition No. 1; thence North 80° 17'00" East along the Easterly extension of the Northerly line of said Lot 11, a distance of 43.50 feet; thence South 31°04' 04" East a distance of 45.00 feet; thence South 25° 02' 21" West a distance of 87.14 feet; thence North 83°33' 53"West a distance of 35.00 feet to the Easterly corner common to Lots 10 and 11, said Block 3, in said Olympic Canal Addition No. 1: thence North along Lot 11 to the point of beginning. Together with Second Class Tidelands, abutting said lot as conveyed under Auditor's File Number 225344, October 10, 1974. Exhibit B Current Legal Description Lot 12, Block 3 of Olympic Canal Addition, Division 1, as recorded in Volume 4 of Plats, page 33, records of Jefferson County,Washington; Together with the following described property, being a portion of Government Lot 4 in Section 21, Township 25 North, Range 2 West, W.M., beginning at the Northeasterly corner of Lot 12, Block 3, said Olympic Canal Addition No. 1;thence North 80° 17' 00" East along the Easterly Extension of the Northerly line of said lot 12, a distance of 35.00 feet;thence South 31°04'04" East a distance of 55.00 feet; thence West to the Southeasterly corner of said Lot 12; thence North along the Easterly line of said Lot 12 to the point of beginning. Together with Second Class Tidelands, abutting said lot as conveyed under Auditor's File Number 225344, October 10, 1974. Exhibit C New Legal Description Lot 11 in Block 3 of Olympic Canal Division No. 1, as per plat recorded in Volume 4 of Plats, page 33, records of Jefferson County, Washington; Together with the following described property lying between the Northerly and Southerly lot lines of said Lot 12 extended Easterly, as conveyed by instrument recorded October 10, 1974 under File No. 225344, being a portion of Government Lot 4, Section 21, Township 25 North, Range 2 West, W.M: Beginning at the Northeasterly corner of Lot 11, Block 3, said Olympic Canal Addition No. 1; thence North 80° 17'00" East along the Easterly extension of the Northerly line of said Lot 11, a distance of 43.50 feet; thence South 31°04' 04" East a distance of 45.00 feet; thence South 25°02' 21" West a distance of 87.14 feet; thence North 83° 33' 53" West a distance of 35.00 feet to the Easterly corner common to Lots 10 and 11, said Block 3, in said Olympic Canal Addition No. 1: thence North along Lot 11 to the point of beginning. Together with Second Class Tidelands, abutting said lot as conveyed under Auditor's File Number 225344, October 10, 1974. Together With Lot 12, Block 3 of Olympic Canal Addition, Division 1, as recorded in Volume 4 of Plats, page 33, records of Jefferson County, Washington; Together with the following described property, being a portion of Government Lot 4 in Section 21, Township 25 North, Range 2 West, W.M., beginning at the Northeasterly corner of Lot 12, Block 3, said Olympic Canal Addition No. 1;thence North 80° 17' 00" East along the Easterly Extension of the Northerly line of said lot 12, a distance of 35.00 feet;thence South 31°04' 04" East a distance of 55.00 feet;thence West to the Southeasterly corner of said Lot 12; thence North along the Easterly line of said Lot 12 to the point of beginning. Together with Second Class Tidelands, abutting said lots as conveyed under Auditor's File Number 225344, October 10, 1974. Situated in the County of Jefferson, Sate of Washington AFTER RECORDING MAIL TO: Name: Jim and Capri Fannin Address: 706 S 56th Avenue City/State: Yakima, WA 98908 Boundary Line Adjustment–Lot Consolidation MLA 15-00047/SUB15-00014 Grantor(s): 1. Jim and Capri Fannin Grantee(s): 1. Jim and Capri Fannin —01ECIERVEIn Legal Description:Parcels involved in the adjustment are currently leg I' Property Tax Parcel Account Numbers): } S E F Parcel A: TPN: 980 100 324; Section 21,Township 25N, Ra LI I 1W-tRSON COUNTY DEPT OF COMMUNITY DEVELOPMENT Parcel B:TPN: 980 100 309; Section 21,Township 25N,Ra Boundary line subject to adjustment described as follows(new legal df Section 21, Township 25N, Range 2W; See attached Exhit The nature of the adjustment is described as follows: Consolidate parcels A & B into one parcel. 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. AFTER RECORDING MAIL TO: Jim and Capri Fannin Name: 706 S 56th Avenue Address: Yakima, WA 98908 City/State: Boundary Line Adjustment Grantor(s): 1. Jim and Capri Fannin 2. Grantee(s): nit 6)j I. Jim and Carpi Fannin 2. Legal Description:Parcels involved in the adjustn —gait),described as follows(include Assessor's Property Tax Parcel Account Numbers): Parcel A: 980100324; See attached Exhibit A Parcel B: 980100309; See attached Exhibit B Parcel C: Parcel D: Boundary line subject to adjustment described as follows(new legal description): See Attached Exhibit C The nature of the adjustment is described as follows: Consolidate Parcels A & B into one Parcel. Exhibit A Current Legal Description Lot 11 in Block 3 of Olympic Canal Division No. 1, as per plat recorded in Volume 4 of Plats, page 33, records of Jefferson County,Washington; Together with the following described property lying between the Northerly and Southerly lot lines of said Lot 11 extended Easterly, as conveyed by instrument recorded October 10, 1974 under File No. 225344,being a portion of Government Lot 4, Section 21,Township 25 North, Range 2 West,W.M: Beginning at the Northeasterly corner of Lot 12, Block 3, said Olympic Canal Addition No. 1; thence North 80° 17'00" East along the Easterly extension of the Northerly line of said Lot 12,a distance of 35.00 feet; thence South 31°04'04" East a distance of 90.00 feet;thence South 25°02' 21" West a distance of 87.14 feet; thence North 83° 33'53" West a distance of 35.00 feet to the Easterly corner common to Lots 10 and 11, said Block 3, in said Olympic Canal Addition No. 1. II Exhibit B Current Legal Description Lot 12, Block 3 of Olympic Canal Addition, Division 1,as recorded in Volume 4 of Plats, page 33, records of Jefferson County,Washington; Together with the following described property, being a portion of Government Lot 4 in Section 21, Township 25 North, Range 2 West,W.M., beginning at the Northeasterly corner of Lot 12, Block 3, said Olympic Canal Addition No. 1;thence North 80° 17'00" East along the Easterly Extension of the Northerly line of said lot 12, a distance of 35.00 feet;thence South 31°04'04" East a distance of 55.00 feet;thence West to the Southeasterly corner of said Lot 12;thence North along the Easterly line of said Lot 12 to the point of beginning. Exhibit C New Legal Description Lot U. in Block 3 of Olympic Canal Division No. 1,as per plat recorded in Volume 4 of Plats, page 33, records of Jefferson County,Washington; Together with the following described property lying between the Northerly and Southerly lot lines of said Lot 11 extended Easterly, as conveyed by instrument recorded October 10, 1974 under File No. 225344, being a portion of Government Lot 4,Section 21,Township 25 North, Range 2 West,W.M: Beginning at the Northeasterly corner of Lot 12, Block 3, said Olympic Canal Addition No. 1;thence North 80° 17'00" East along the Easterly extension of the Northerly line of said Lot 12, a distance of 35.00 feet;thence South 31°04'04" East a distance of 90.00 feet;thence South 25°02'21" West a distance of 87.14 feet;thence North 83°33' 53"West a distance of 35.00 feet to the Easterly corner common to Lots 10 and 11,said Block 3, in said Olympic Canal Addition No. 1 Lot 11 Together With Lot 12 Lot 12, Block 3 of Olympic Canal Addition, Division 1,as recorded in Volume 4 of Plats, page 33, records of Jefferson County,Washington; Together with the following described property, being a portion of Government Lot 4 in Section 21, Township 25 North, Range 2 West,W.M., beginning at the Northeasterly corner of Lot 12, Block 3, said Olympic Canal Addition No. 1;thence North 80° 17' 00" East along the Easterly Extension of the Northerly line of said lot 12, a distance of 35.00 feet;thence South 31°04'04" East a distance of 55.00 feet;thence West to the Southeasterly corner of said Lot 12;thence North along the Easterly line of said Lot 12 to the point of beginning. Situate in the County of Jefferson, Sate of Washington i ,HI{4$7600 07029/2004 0s:2TP Jafforaen Caunty• WE JC!FUSON TITLE CO t COV 21.90 Jefferson County Department of Community Development Development Review Division 621 Sheridan Avenue Port Townsend,WA 98368 DECLARATION OF RESTRICTIVE CO -ANT Grantors: C.1 i M Fan n i^ Grantee: Jefferson County Department of Community Devi • T.,, Jefferson County Health&Human Services cS D LARATION is made and entered thi. • : • -+w' ,2 00'�,by n,ti nn(''\ hereinafte}r referred to as "Owner(s)," the legal and equitable owner(s)of the real property de- bed •e•-in/ A ALS 1. Legal Description: This Restrictive Co -, I. t and restrict the real property("the property")legally described as follows: Parcel Number 980 1 Do S/ oFi, 9$r lcl • 20 Section 21 Town lir 2 Range 02 H.1 Subdivision t71i MP t c, <r. tea t1 1 Block 2 • .._ .t .• :' 2. Building Permit Applic ti%kb y • s)have applied or will apply for a building permit through the Jefferson County a •. munity Development("the County")and/or an on-site sewage permit through the le'. ■ . &Human Services("Health Department")to make certain improvements upo •• •.. -„ 'bed property. 3. Purpose. For ..l'*< •, • complying with the County's building and land use codes and ordinances, as well as the Heald h • ' '. minimum land area for issuance of an on-site sewage permit per WAC 246- 272,the Owner(sXdestie tQ treat all of the above-described property as one building tract,and in particular, desires to do so`f'os'tbepUrpose of constructing a • Sl�4, ' . ry itt..y ILES 1 D C..< • • utilizing individual on-site sewage disposal system,as required by county code and/or state health 1 . regulatsons w....t Pop 1 .r3 II 0111 1Ji!I 1 1111 I4875ee , .. Jofform.on County. WA AIFFFAION TITLE COI 0071V 2 Na>te1TF 4. Assurance to County. The Owner(s)desire to assure the County that the property described above shall be and remain as one building tract for purposes of improvements to be constructed upon the property; NOW,THEREFORE, in consideration of the benefits derived by this Restrictive Covenant,the Owner(s)declare,covenant and agree as follows: B. COVENANT 1. Specific Restriction and Covenant. The property described above, shall con a • e building site, and no lot or lots or any part thereof shall be transferred or conveyed in any manlier unless and until the building(s),structure(s)or on-site sewage disposal provisions are m • to'confOrM to the then-existing zoning provisions on a reduced site. This restrictive covenant shall n• • 0 -. unless such an action is approved by the County and the Health Department. 2. Covenant Running with the Land. This restrictive cgvenantt : ' - • -stricts the described property and shall be construed as a covenant running with;and'touc 'n: , d concerning the land and inuring to the benefit of the Owner(s),the public gene and the C\ ty. 3. Binding upon Successors and Assigns.This restrictiv shall bind and restrict the land,the Owner(s),their heirs,grantees,successors and assigns. 4. Recording. Upon its execution,this Declaration l be recorded with the Jefferson County Auditor. All contracts and deeds or other instruments of con relating to the property or any part thereof shall contain reference to this covenant. 5. Enforcement. In addition to any o v' g a legal right to enforce this covenant,the County shall have the right to enforce and compel lance with this covenant,including all remedies available at law and equity. The County sha right in any such proceeding to recover its attorney fees and costs. O 6. Compliance withj' : ,,. This Declaration does not amend or modify,nor is it intended to amend or +, • . ■ -!u • ents of the County's ordinances or any other law or regulation dealing with or aff--' : :- •f laird or construction of improvements upon lands. 7. Estoppel.The . is a - laration specifically estop themselves and all of their successors and assigns and all pets6 or hereafter having any interest in the properly from asserting or contending in any m- r•er this restrictive covenant is not a full and adequate covenant running with the land and bindi : 1.. . e property. , 8. Sevetion of this covenant by judgment or court order shall not affect any of the other coven .. hi . 1 remain in full force and effect. Psp I of 3 { • Paw 3 of 3 111 I II U I F 11111101111111 14$75002Ta JOff'moon County, WA JEFFERSON TITLE CO I COY 21. G 9. Warranty of Authority. The Owner(s)signing below warrant that they are the sole Owners in fee of the real property described above and are authorized to make this Declaration and so bind the property. 10. Governing Law. This RESTRICTIVE COVENANT shall be governed by the laws of the State of Washington. 11. Disclaimer. Since no survey was submitted as part of your Restrictive Covenant, he 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 grantor's property is,in fact,located wholly ar itially upon someone else's property or upon property that is not the subject of this application. : e asnEce of a survey, the GRANTOR bears sole responsibility if such a problem arises. v Dated this, d y of rrl lly ,2 C10/016 - dir �!=1//, , Owner . gar STATE OF WASHINGTON) ) ss COUNTY OF JEFFERSON) _ On this day personally appeared before me, J Cl m rCc v■h ; 11 ,tome known to be the individual described in and who executed the within and foregoing instrument,and acknowledged that he signed the same as his free a d untary act and deed, for the uses and purposes therein mentioned. 5}` Given under my hand and official day of 5 0-7 ,2 GO/. . V∎.. bk_ICIIIII! Ilk %) —4. P:N. . C'i.% I Y PUBLIC in and for the State of Washington residing i ic7 ttOTAq O�tr commission expires: Qt..-ket_oil AtlBllC N f►1 94.9.19_0 1'% (mow, ., _ Approv-' re ill , A t....-,,)t) -.41/&*11-t."A 7/2-UDC *'it� 4� ate e )......• . hp 3 of 3 • 18.35.060 Purpose, scope and limitations. ) Purpose and Scope. The purpose of this article is to provide procedures and criteria for the review and i(1 d 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 j 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 JJJ 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 ( a buildable lot as defined in Chapter 18.10 JCC; p(c)Relocate an entire lot, tract or parcel from one parent parcel into another parent parcel; 1(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; i(f)Separate an accessory dwelling unit from the primary use of the property. i (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. I 6)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.. s"ARE To be considered complete, applications for boundary line adjustments shall include the following: i(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. I (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. J (b) In instances of lot consolidation, standard application fee(s)shall apply based on the number of resulting parcels or lots; j (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; (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 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) y. maps identify the presence of an Environmentally Sensitive Area(ESA)such as V.�� ,\L>stream,wetland,flood, landslide hazard,erosion,aquifer recharge area,fish and • ( S.' 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 ESAs. 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. (4)The original legal description of the entire property together with new separate legal descriptions for each i 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 i(5arises. )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 1 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 able site within said parcel(s).Such determination is dependent on approvals of AN _ Q�Q water, septic, bulk and dimensional setbacks,and ESA requirements. lam` , 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 ip rogram 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; \1 (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 �-4., �\ 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. [Ord. 8-06§ 1] 18.35.080 Review process and criteria.° SHARE V1) Prior to approval, a proposed boundary line adjustment shall be reviewed by the Jefferson County assessor.j(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 (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 condition; (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 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. i (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 boundary line adjustment. h 24?44 ( --y- 1 pt, y C k--' V j (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] Anna Bausher From: Anna Bausher Sent: Tuesday, September 29, 2015 8:27 AM To: Anna Bausher Subject: FW: RE: Revised SOI Fannin BLA Attachments: RE Revised SOI Fannin BLA.eml Anna, My comments have been addressed and I have no further comments. Thanks, Charlotte From: Anna Bausher Sent: Thursday, September 24, 2015 10:22 AM To: Sherrie Shold <SShold @co.jefferson.wa.us>; Charlotte Stockard <CStockard @co.jefferson.wa.us> Subject: Revised SOI Fannin BLA Hello Sherrie and Charlotte, Attached is the revised Sal for the Fannin BLA for your review, hopefully the last! Thank you! 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<mailto: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 Anna Bausher From: Sherrie Shold Sent: Thursday, September 24, 2015 10:25 AM To: Anna Bausher Subject: RE: Revised SOI Fannin BLA Anna, My concerns have been addressed. sherrie sherrte shoLol Property Operati.o .s Jef fersow Couwtj Assessor's office 360-385-9105 sshoLol@cojeffersoiu..wa.us From:Anna Bausher Sent:Thursday, September 24, 2015 10:22 AM To: Sherrie Shold <SShold @co.jefferson.wa.us>; Charlotte Stockard <CStockard @co.jefferson.wa.us> Subject: Revised SOI Fannin BLA Hello Sherrie and Charlotte, Attached is the revised SOI for the Fannin BLA for your review, hopefully the last! Thank you! 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 0.50N �oG2 Jefferson County W Assessor's Office THE HEART OF THE 4, *ef.. ÷i OLYMPIC PENINSULA www.co.jefferson.wa.us 15'111 1,10:Y° Jeff Chapman, Assessor MEMO from the Office of JEFFERSON COUNTY ASSESSOR TO: Anna Bausher, DCD FROM: S1 xrLerSho.d, Property Operation* • DATE: September 23, 2015 RE: Fannin-MLA15-00047 MESSAGE: Hi Anna, I have completed my review and the following are my comments and I have attached the pages showing corrections. Exhibit A:-Current descriptions Add Parcel A and change Exhibit B to ready Parcel B Change Exhibit C to read Exhibit B New descriptions: Remove the reference to tidelands after describing the first part of the description; they are correctly referenced at the end of the combined descriptions as a plural. Please call with any questions you may have. P.O.Box 1220, Port Townsend,WA 98368 - Phone(360)385-9105 - Fax(360)385-9197 Exhibit A Current Legal Description .rceJ F Lot 11 in Block 3 of Olympic Canal Division No. 1,as per plat recorded in Volume 4 of Plats, page 33, records of Jefferson County,Washington; Together with the following described property lying between the Northerly and Southerly lot lines of said Lot 12 extended Easterly, as conveyed by instrument recorded October 10, 1974 under File No. 225344, being a portion of Government Lot 4,Section 21,Township 25 North, Range 2 West,W.M: Beginning at the Northeasterly corner of Lot 11, Block 3,said Olympic Canal Addition No. 1;thence North 80°17'00" East along the Easterly extension of the Northerly line of said Lot 11, a distance of 43.50 feet; thence South 31°04'04" East a distance of 45.00 feet;thence South 25°02' 21"West a distance of 87.14 feet;thence North 83°33'53"West a distance of 35.00 feet to the Easterly corner common to Lots 10 and 11,said Block 3,in said Olympic Canal Addition No. 1:thence North along Lot 11 to the point of beginning. Together with Second Class Tidelands, abutting said lot as conveyed under Auditor's File Number 225344, October 10, 1974. farce I B Current Legal Description Lot 12, Block 3 of Olympic Canal Addition, Division 1,as recorded in Volume 4 of Plats, page 33, records of Jefferson County,Washington; Together with the following described property, being a portion of Government Lot 4 in Section 21, Township 25 North, Range 2 West,W,M., beginning at the Northeasterly corner of Lot 12, Block 3, said Olympic Canal Addition No. 1;thence North 80° 17'00" East along the Easterly Extension of the Northerly line of said lot 12, a distance of 35.00 feet;thence South 31°04'04"East a distance of 55.00 feet; thence West to the Southeasterly corner of said Lot 12; thence North along the Easterly line of said Lot 12 to the point of beginning. Together with Second Class Tidelands, abutting said lot as conveyed under Auditor's File Number 225344,October 10, 1974. Exhibit/ New Legal Description Lot 11 in Block 3 of Olympic Canal Division No. 1,as per plat recorded in Volume 4 of Plats, page 33, records of Jefferson County,Washington; Together with the following described property lying between the Northerly and Southerly lot lines of said Lot 12 extended Easterly, as conveyed by instrument recorded October 10, 1974 under File No, 225344, being a portion of Government Lot 4,Section 21,Township 25 North, Range 2 West,W.M: Beginning at the Northeasterly corner of Lot 11, Block 3, said Olympic Canal Addition No. 1;thence North 80° 17'00" East along the Easterly extension of the Northerly line of said Lot 11,a distance of 43.50 feet;thence South 31°04'04" East a distance of 45.00 feet; thence South 25°02' 21"West a distance of 87.14 feet; thence North 83°33'53"West a distance of 35.00 feet to the Easterly corner common to Lots 10 and 11,said Block 3, in said Olympic Canal Addition No. 1: thence North along Lot 11 to the point of beginning. Togethecwith Second-Class Ti adds,abuttipriaid lot onkreyedynde—Auditok-Firtlum5ee----) 235344,O er 10, 197 only nue/5 bLf Together With flc(u o nCe. o r I T►' u E h Lot 12, Block 3 of Olympic Canal Addition, Division 1,as recorded in Volume 4 of Plats, page 33, records of Jefferson County,Washington; Together with the following described property, being a portion of Government Lot 4 in Section 21, Township 25 North, Range 2 West,W.M., beginning at the Northeasterly corner of Lot 12, Block 3, said Olympic Canal Addition No. 1;thence North 80° 17'00" East along the Easterly Extension of the Northerly line of said lot 12, a distance of 35.00 feet;thence South 31°04'04" East a distance of 55.00 feet;thence West to the Southeasterly corner of said Lot 12;thence North along the Easterly line of said Lot 12 to the point of beginning. Together with Second Class Tidelands,abutting said lots as conveyed under Auditor's File Number 225344,October 10, 1974. Situated in the County of Jefferson,Sate of Washington OFFICE OF THE JEFFERSON COUNTY ASSESSOR Jeff Chapman, Assessor September 23, 2015 RE: MLA14-00047 - Fannin Anna, After reviewing the proposed action, I have the following comments: 1. Exhibit A a. After Current Legal Description, add Parcel A b. Under "together with the following described property...", change Lot 12 to Lot 11 c. The distance of 45.00 feet should be changed to 35.00 feet 2. Exhibit B a. After Current Legal Description, add Parcel B 3. Exhibit C a. Under the beginning section describing Lot 11, "together with the following described property...", change Lot 12 to Lot 11 b. The distance of 45.00 feet should be changed to 35.00 feet 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. Please let me know if you have any questions or comments. Thank you, Charlotte Stockard GIS Analyst cstocka rd@co.jefferson.wa.us Exhibit A Current Legal Description _ Pc (("e ( 4 Lot 11 in Block 3 of Olympic Canal Division No. 1,as per plat recorded in Volume 4 of Plats, page 33, records of Jefferson County,Washington; Together with the following described property lying between the Northerly and Southerly lot lines of said Lot 17.extended Easterly,as conveyed by instrument recorded October 10,1974 under File No. if 225344, being a portion of Government Lot 4,Section 21,Township 25 North, Range 2 West,W.M: ai Beginning at the Northeasterly corner of Lot 11,Block 3,said Olympic Canal Addition No. 1;thence North 80'17'00" East along the Easterly extension of the Northerly line of said Lot 11,a distance of 43.50 feet;thence South 31° 04'04" East a_distance of 45.00 feet;thence South 25°02'21"West a distance of 87.14 feet;thence North 83°33'53"West a-distance of 35.00 feet to the Easterly corner common to Lots 10 and 11,said Block 3, in said Olympic Canal Addition No. 1:thence North along Lot 11 to the point of beginning. Together with Second Class Tidelands, abutting said lot as conveyed under Auditor's File Number 225344, October 10, 1974. Exhibit B l /� Current Legal Description - Pa 1'C e I L Lot 12, Block 3 of Olympic Canal Addition, Division 1,as recorded in Volume 4 of Plats,page 33, records of Jefferson County,Washington; Together with the following described property, being a portion of Government Lot 4 in Section 21, Township 25 North, Range 2 West,W.M., beginning at the Northeasterly corner of Lot 12, Block 3, said Olympic Canal Addition No. 1;thence North 80° 17'00" East along the Easterly Extension of the Northerly line of said lot 12,a distance of 35.00 feet;thence South 31°04'04" East a distance of 55.00 feet;thence West to the Southeasterly corner of said Lot 12;thence North along the Easterly line of said Lot 12 to the point of beginning. Together with Second Class Tidelands, abutting said lot as conveyed under Auditor's File Number 225344, October 10, 1974. Exhibit C New Legal Description Lot 11 in Block 3 of Olympic Canal Division No. 1,as per plat recorded in Volume 4 of Plats, page 33, records of Jefferson County,Washington; Together with the following described property lying between the Northerly and Southerly lot lines of said lot 12 extended Easterly, as conveyed by instrument recorded October 10, 1974 under File No. 225344, being a portion of Government Lot 4, Section 21,Township 25 North, Range 2 West, W.M: II Beginning at the Northeasterly corner of Lot 11, Block 3, said Olympic Canal Addition No. 1;thence North 80° 17'00" East along the Easterly extension of the Northerly line of said Lot 11,a distance of 43.50 feet;thence South 31°04'04" East a distance o 45, feet;thence South 25°02' 21"West a £ distance of 87.14 feet;thence North 83°33'53"West a istance of 35.00 feet to the Easterly corner common to Lots 10 and 11,said Block 3,in said Olympic Canal Addition No. 1:thence North along Lot 11 to the point of beginning. Together with Second Class Tidelands,abutting said lot as conveyed under Auditor's File Number 225344,October 10, 1974. Together With Lot 12, Block 3 of Olympic Canal Addition, Division 1,as recorded in Volume 4 of Plats, page 33, records of Jefferson County,Washington; Together with the following described property,being a portion of Government Lot 4 in Section 21, Township 25 North, Range 2 West,W.M., beginning at the Northeasterly corner of Lot 12, Block 3,said Olympic Canal Addition No. 1;thence North 80°17'00" East along the Easterly Extension of the Northerly line of said lot 12,a distance of 35.00 feet;thence South 31°04'04" East a distance of 55.00 feet;thence West to the Southeasterly corner of said Lot 12;thence North along the Easterly line of said Lot 12 to the point of beginning. Together with Second Class Tidelands, abutting said lots as conveyed under Auditor's File Number 225344, October 10, 1974. Situated in the County of Jefferson,Sate of Washington ��sON `• JEFFERSON COUNTY Lt, • DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street, Port Townsend,WA 98368 I Web:www.co.lefferson.wa.us/communitydevelopment `ysfi�N o Tel: 360.379.4450 I Fax:360.379.4451 I Email:dcdAco.jefferson.wa.us SquareONE Resource Center I Building Permits & Inspections I Development Review I Long Range Planning August 31, 2015 Jim Fannin Capri Fannin 706 S 56th Ave Yakima, WA 98908 RE: Additional Information Request MLA15-00047/SUB15-00014 Dear Mr. and Mrs. Fannin, After reviewing the proposed Boundary Line Adjustment — Lot Consolidation, the following comments have been received: The Assessor's Office commented as follows: Sherrie Shold commented as follows: I would suggest that both of the "Before Descriptions" be described on the same Exhibit. Parcel A & B or Exhibits A& B. I would also add the tideland verbiage to each before description. The tidelands were deeded to lot owners through a separate conveyance after the plat was created so I guess there could be a question as to if they are considered part of the plat or if they should be described individually every time a conveyance occurs. It is my opinion that ownership either way describing the tidelands in this BLA would be beneficial. My opinion is to add the following verbiage at the end of each 'Before Description": Together with Second Class Tidelands, abutting said lot as conveyed under Auditor's File Number 225344, October 10, 1974. New or Revised Legal Remove the Lot 11 wording in the middle of the page between the two descriptions. At the end of the description for Lot 12 and before the wording of Situated in the County of Jefferson, State of Washington And the verbiage describing the tidelands— Together with Second Class Tidelands, abutting said lots as conveyed under Auditor's file Number 225344, October 10, 1974. Charlotte Stockard commented as follows: "After reviewing the proposed action, I have the following comments: 1. Exhibit A (current legal description for Lot 11): The"Together with..." portion of the legal description contains a portion of Lot 12, which is described in Exhibit B. (See attached map.)This needs to be corrected to only include Lot 11 and extended Lot 11. 2. Exhibit C: The Lot 11 description has the same error stated above. 3. Exhibit C: Remove the lines right before and after"Together with" that only say"Lot 11" and "Lot 12". 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 your work so that we all have less frustration in trying to get these projects through to completion." The Department of Community Development commented as follows: The following revisions are needed: /The BLA supplemental permit application needs to be signed. I have enclosed this application, please return with the appropriate signatures. The following information is needed on the first page of the statement of intent. I have enclosed an example which would satisfy these requirements. a. Under the legal descriptions for the current parcel and revised parcels on the statement of intent, the parcel number needs to be at the beginning of the description (only for the existing parcel) and a brief legal description (this could just be the Section, Township, and Range) is required to be recorded by the Auditor's Office. For example, Parcel Number 980100324; Section 21, Township 25N, Range 2W; See attached Exhibit A. b. Per JCC 18.35.070(4) the following disclaimer needs to be on the 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. c. The description that the proposal is a lot consolidation should be noted next to the BLA title with the case numbers. In addition: A check made out the Jefferson County Auditor's Office for the recording fees of the statement of intent will be needed prior being recorded. I will notify you of the recording costs once the review and revisions have been mpleted. A Real Estate Excise Tax Affidavit will need to be submitted prior to recording of the statement of intent. The fillable form can be found on the County Treasurer's website at: htto:l/www.co.jefferson.wa.us/treasurer/Default.asp. If you have questions on completing the form contact the Treasurer's Office at 360-385-9150. A$10.00 check made out to the Treasurer's Office will be needed to file the Tax Affidavit. I have attached an example you can refer to, please review for accuracy. A signed affidavit will be needed prior to recording of the statement of intent. `. An updated Title Certificate, current within 30 days prior to recording will be needed. Please wait until all revisions are complete to obtain this updated Title Certificate. 2 Please revise the statement of intent as described in the information above. If you have any questions regarding this information please feel free to contact me. 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 Enclosures: Permit Application, Sal, example real estate tax affidavit. Cc: File 3 Department of �N G"`'�� -�-o ' rl n rr rs �� I S u l S - 000)4 re Revenue Washington State REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt PLEASE TYPE OR PRINT CHAPTER 82.45 RCW—CHAPTER 458-61 A WAC when stamped by cashier. THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED (See back of last page for instructions) ❑ Check box if partial sale of property If multiple owners,list percentage of ownership next to name. SName Jim and Caori Fannin IN Name Jim and Caori Fannin X as rL Mailing Address 706 S 56th Avenue Mailing Address 706 S 56th Avenue 6 City/State/Zip Yakima WA 98908 rn g city/state/zip Yakima.WA 98908 Phone No.(including area code)(5091952-8820 Phone No.(including area code)(509)952-8820 IIIList all real and personal property tax parcel account List assessed value(s) Send all property tax correspondence to['Same as Buyer/Grantee numbers-check box if personal property () Name 980100309 n $314.405.00 Mailing Address QR0100474 n $70,840.00 City/State/Zip n Phone No.(including area code) n IIStreet address of'property: 161 Canal Lane,Brinnon WA 98320 This property is located in Jefferson County ❑Check box if any of the listed parcels are being segregated from another parcel,are part of a boundary line adjustment or parcels being merged. Legal description of property(if more space is needed,you may attach a separate sheet to each page of the affidavit) See Attached (p - ac.J,•_. Sol) Select Land Use Code(s): all personal property(tangible and intangible)included in selling I la seiara tarn Use cones price. enter any additional codes: (See back of last page for instructions) YES NO Was the seller receiving apropeny tax exemption or defenal under ❑ 0 chapters 81.36,84 37,or 8138 RCW(nonprofit organization,senior citizen,or disabled person,homeowner with limited incense)? YES NO If claiming an exemption,list WAC number and reason for exemption: Is this properly designated as forest land per chapter 8433 RCW? ❑ 0 WAC No.(Section/Subsection) 458-61A-109 Is this property classified as=rent use(open space,firm and ❑ ❑ Reason for exemption agricultural,or timber)land per chapter 81,34 RCW? Boundary Line Adjustment Is this property receiving special valuation as historical property ❑ El per chapter 8426 RCW? If any answers are yes,complete as instructed below. Type of Document Boundary Line Adjustment (1)NOTICE OF CONTINUANCE(FOREST LAND OR CURRENT LSE) NEW OWNER(S):To continue the current designation as forest land or Date of Document 7/20/15 classification as current use(open space,farm and agriculture,or timber)land, Gross Selling Price $ you must sign on(3)below.The county assessor must then determine if the land transfmred continues to qualify and will indicate by signing below.lithe 'Personal Property(deduct) $ land no longer qualifies or you do not wish to continue the designation or Exemption Claimed(deduct) $ classification,it will be removed and the compensating or additional taxes will be due and payable by the seller or transferor at the time of sale.(RCW Taxable Selling Price $ 0.00 84 33.140 or RCW 84.34.108).Prior to signing(3)below,you may contact Excise Tax:State $ 0.00 your local county assessor for more in formation. 0.0050 Local $ 0.00 This land ❑does ❑does not qualify for continuance. *Delinquent Interest: State $ Local $ DEPUTY ASSESSOR DATE *Delinquent Penalty S (2)NOTICE OF COMPLIANCE(HISTORIC PROPERTY) NEW OWNER(S):To continue special valuation as historic property, Subtotal 5 0.00 sign(3)below.If the new owner(s)does not wish to continue,all •State Technology Fee $ 5.00 additional tax calculated pursuant to chapter 84.26 RCW,shall be due and payable by the seller or transferor at the time of sale. 'Affidavit Processing Fee S (3) OWNER(S)SIGNATURE Total Due $ 10.00 PRINT NAME A MINIMUM OF$10.00 IS DUE IN FEE(S)AND/OR TAX 'SEE INSTRUCTIONS III „„... Y�-3tiERTIE'DNDER t-• LTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT_ Si ` ature Signature of 6a of _1 Grantor or t rantor's Agent . Grantee or Grantee's Ag Name(print) A. Name(print) \ Date&city of sign".' � Date&city of signing: � Perjury:Perjury is a class C felony ,ch is punishable by imprisonment in the state correctional institution for a maximum tern cf not more than five years,or by a fine in an amount fixed by the court r not more than five thousand dollars($5,000.00),or by both imprisonment and fine(RCW )A.20.021(1)(C)). V h REV 84 0DOla 5/21!15)_ / HJ1$P bo�s A ONLY - bo{C� /`-O LURE t) 980100312 Legal Descriptions 980100311 WLot 11 extension XN Lot 12 extension 2 980100310 Overlap 250 /100,. 980100309 ;::.:♦�.�A4 r4 �I • 980100324 980100308 980100307 980100306 4�4soN 0 JEFFERSON COUNTY U t DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street, Port Townsend,WA 98368 I Web:www.co.Jefferson,wa.us/communitvdevelopment 4r o Tel:360.379.4450 I Fax: 360.379.4451 I Email:dcd anco,iefferson.wa.us SH1N0� SquareONE Resource Center I Building Permits & Inspections I Development Review I Long Range Planning September 23, 2015 Jim Fannin Capri Fannin 706 S 56th Ave Yakima,WA 98908 RE: Additional Information Request MLA15-00047/SUB15-00014 Dear Mr. and Mrs. Fannin, After reviewing the proposed Boundary Line Adjustment — Lot Consolidation, the following comments have been received: The Assessor's Office commented as follows: On September 23, 2015 Sherrie Shold commented as follows: 1. Exhibit A: - Current descriptions a. Add parcel A and change Exhibit B to read Parcel B b. Change Exhibit C to read Exhibit B 2. New Descriptions: a. Remove the reference to tidelands after describing the first part of the description; they are correctly referenced at the end of the combined descriptions as a plural. On September 23, 2015 Charlotte Stockard commented as follows: 1. Exhibit A: a. After Current Legal Description, add Parcel A b. Under"together with the following description property...", change Lot 12 to Lot 11. c. The distance of 45.00 feet should be changed to 35.00 feet. 2. Exhibit B: a. After Current Legal Description, add Parcel B 3. Exhibit C: a. Under the beginning section describing Lot 11, "together with the following described property...", change Lot 12 to Lot 11 b. The distance of 45.00 feet should be changed to 35.00 feet. OFFICE OF THE JEFFERSON COUNTY ASSESSOR Jeff Chapman,Assessor August 28, 2015 RE: MLA15-00047- Fannin Anna, After reviewing the proposed action, I have the following comments: 1. Exhibit A(current legal description for Lot 11):The "Together with..." portion of the legal description contains a portion of Lot 12, which is described in Exhibit B. (See attached map.)This needs to be corrected to only include Lot 11 and extended Lot 11. 2. Exhibit C:The Lot 11 description has the same error stated above. 3. Exhibit C: Remove the lines right before and after"Together with"that only say"Lot 11" and "Lot 12". 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. Please let me know if you have any questions or comments. Thank you, Charlotte Stockard GIS Analyst cstockard@co.jefferson.wa.us described property: • Lot r1y Block 3",- Olyq:pic'Canal Addition No 'l Lot 2 Block 3, Olympic Canal Addition'No. Lot 3, Black 3, .01ympie Ca#a1 Addition No 1): $ Lot 4, Block 3, Olympic Canal Addition No 1 F. Lot5, Block :3, Olympic Canal Addition No 1 Lot 6, -B1ock'3, Olympic Canal Addition No. 1 • Lot•7, ,Block 3, Olympic Canal Addition No. 1 Lot 8, ;Block'3, 'Olympic Canal Addition No 1 ' • Lot 11, Block 3, Olympic Canal Ad tion,No.• 1 ' Lot. 12, 'Block '3, Olympic:Canal Addition No. 1 ti Lot 16, Block 3, Olympic Canal Addition No 1 Lot17, Block 3, Olympic Canal Addition No, 1 • •LOt 1'8,'Block 3, Olympic Canal Addition No.., 1 Lot' 19, Block 3, Olympic danal Addition. No 1 1 :.. Lot 20,..Block '3, Olympic•Canal-Addition No 1 . . , ot 21 L ,:Block 3, Olympic Canal Addition No• 1 y;;- + Lot 22, Block 3, Olympic Canal:Addition•No. 1 . t Lot 23, Block 3, Olympic Canal Addition No. '1 ? .', ..Lot 24 Block 3 Olympic Canal Addition. No• 1 Block 3, Olympic' Canal Addition No:. 1 • .. Lot'25, : , . • ail.:in Olympic Canal Addition No. '1,• as recorded in'Volume 4 of Pages 33 and 34, records of.Jefferson County,,Washington, i "� - the following described real estate, sittated"in the County of Jefferson•, State of "Washington, together with all after acquired title of the grantor • therein: ' that portion of'tnm ent Lot 4 and :Government Lot ' 5, Section 21 '2 _. Township lforth, 'Range' 2'West, N �t ,' `i '� • Jefferson County, Washington.; TOGETHER witirtidek t iba+ c .SAfg1 formerl.•a 1?l[i.th� `3 r ri t aituaCein front of;,adjacent to r z°`8fsutt •n$ updzr'•. f• that portion of said Government Lot 5, and TO. HEN th Lot:.2. of Tract 2'bf the resurvey of Washington State Oyater Reserve (Duekabuah)• lying }easterly'and southerly.of 'Olympic '. , Canal'Addition No, 1 as recorded in Volume.4 of,.Pl.ata, Pages 33,and 34, .records of Jefferson County, Washington, more parti.cularly described'as follows: 1. Beginning at the most southerly corner of Lot 1, said Block 3::of said Olympic Canal Addition 'No'. 1; thence • south 20 24' 12" ,west- along the southerly extension Of , the west,line of said Lot 1, a'distance of 70.56 feet, thence north 320 00' 00" east'a distance of 215.44 feet, • 1 • • r • • M4''','!' " ! d`F P .4 s$ ...t x 6 -", 7� 3 'l l F, ,7 . `, r ,i ws y{ � � s 5. 7 _' � ';1:-4,-,,".-;',::,'; V. 7vis J ' rji 4 ' r O ' :r " ' � a t`,� Y+ ' 5' ,,1 4,,1 r .. ::r. ,t T : ` ...'„:011.4'-- rf, } nnl.:.., , � 71 .15' 20 b ed8t"' , fi H6 '9O E 1Q � r: ,:,?:,: •44...; am F " •t feet; 'thence- 08' 22""east a distafiee -•• • `, 7.". ' i1 ; t , ' ;'-11 s '62«56 feet, thence north...lk° 15' 00" east a.rlistanee " af::11Q.00.feet; thence north 46° 34' 5.9" east a dts- �- t.-� # x.i /.0„-`0.:••,,, x thence north 78° 45 do" wcs „ '.,� ' T,,'a dca.tof '104.54..,feet;, ,.';',;4:;;;•.P-'''• ; '1`'‘'` 4� t�a chi stance of 45.00 -feet;.; to the most''southea t c rly Tip .,` .w,� " Cotner of Lot 8, said'Block 3 of said, 07gn.plc Canal = f4 + � a , Addition No 1. ;,./.,f, z?'P'',: ' q 2...r.r beginning at :the nottheasterly corner of Lot. 17, ' ' Block ,3,'.said,Olympic Canal Addition No . 1;, t.hence .s i.i•A t7 r ' r,";•north 80° 17' 00' east' 'along the easterly extension •'*?e..14 t:iY :,•R of the northerly 1.ine• of said tot 12, a distance of it sd;; ' " , , 35.00 feet.; •thence' south 31° 04 ',04" east, a'distance +, #4, of 90.00..feet; thence south 25° 02', 21"..west-a'mss- '11..1,... ..,,,,,'E.1 k '` .• : ^t ; ,.!tance of 87.14..fent;•':thence north 83° •33' 53" west a " }„T,s * 4 ,,{j �f;�,+ distance of 35.00.feet to the easterly.corner er i0 onrxl y4.. }r i r ":' °•to Lots 10 and 11, said Block'3, ymp r o, t«r r.EAddition No° 1. •, - ., I ° r '. Beginning•at the northeasterly' corner o Lot 25, lilac?: ,; r;,+ 1�•' t iy°,4 � 'r 3, said Olympic Canal Addition No. 1;- th&ncc. nor t. ,z, tie+ , qp, 4µ. , ,, :80° 17'x:00'! east on the easterly extension of the , r;"y ”" „r .0Y'`- ;, 4 northerly line of `said' Lot 25 a distance of•15.00 fe.ct , ' tl a71x + ''thence.sonth 9° +3';00" east a distance of 305 CC feet, s` r t � xr :•_, f r ,,X-i`' +c�" •::"-x thence south.23°' 52' 37" east a distance:'of -201 1 feet � r „ r{''r `R i,i, ffk +' >. r r 1 t0,,tl-to easterly corner common to Lots 15 and 16," v w?1,4 tT 1 4 ;; r} - . ,k' a4+ Pq .. " r, ., xr tr'Bkoc k 3, Olymglc Canal Addition No is t " « ,. ` 3 ,,;a, ,f, ,r•i �(J y3r s r y�. .,'i4stt .a,xr, ?}__�}S'n, ". a.6 f 1.,:. ..! ...Y:.:.t.«4A:,.—._,..•i.v.w a._ .- ._ . _ a.v.�' ...�_.... .. .1.' rrY... • • • Y I + . f • f ' CJU1VTY < \, .., .. CHAPTER 28 45 RCW ',...,_ . • • . ASSE'SSOR'S COPY • PLEASE PILL OUT COMPLETELY ' . •a.' . .AKKE Iv PAITtANCE PAYABLE T 1EFFERSOM COUNTY' REESi3RER• NAME RI'Cf1A'RT) .A. CLIFFORfT,.-. TRtJSTEE F,fR OLYMPIC CRhmRY." PPI 'ERTIE5 : b - ' 1 140,E OF SHLLE@AXf COMP.I-ATE AL7Ca$,E.5§ 'k-S »�_ (J acsDRBBet, 2.miA fitac Qri,�._ PrrI FjL BUf 1.bl ( fH°1-Rb AVEP=HF S'EAT1•t WA 9R 1.0t RR NAMI /WUTTI vt(; LQ WNERS 'OF- r CCORD. "f 'Y rya �F (��C�t Agp nil (R 0 ''. r� 3RTS F1ttlop., PACJFI" EI.f Y1_i} i9, t 1A7Y -AVE. ' ' $,TT r, WA 8;P tau-: 1r•,-.:.w.+w_—r{+•-- -..�_. ..w.;_.«..._.a +y '1,.:.;',W. N COUNTY Q ■ r, d , 4/F-4 ,...- 53 '..--4'9'. ,.....„.......... . , . ult.1t . ' SALE`- .. -- HANOLED BY GROSS SANS PRIG (Mee�6_WO,P obi tined balance) $ ..-_JtQ It 1'%Eube Tax .g,...BONE � . ' A&SONAL PROPERTY (Cooke) $ ....» »..._ Penalty (1%per meth after SD dry.) $ Yw• TAXABLE SAILS PRICE S ..,. _.,_. • TOTAL S x.::_....'. DATE Of INSTRUMENT- too daft of Utters of tmtemmat If Jeri 6 degas die P b ARIDATTI contract.'etknrvrhe t ecocotbo of corTrut.) 0CTOBE'R 8., 1 q 7 1+ ..-. ,».._r.. The aodorsh befog�•t wore,ea oath says that Neihtig aiaa Information '. . ... 'II TTPI OF INSTRUMENT QU.1 _Z__-CLALf'_-_I�.I.II....:...___-«.........».:........�.,-......._.. . toad real statement i of the turf.,p.rla •to the kaagla{ •I'of the. if tax exemption is claimed explain folly the nature of The traasFn_...-_.__—___-„ ._» , i"i..e J� 5,4 ....... «. ..- aIr 00TUNe y... �•• 'r"ff snie ta)ersprep.1y MIded lanadat Sedloa61F r;.,.. " ' panne e) failyp tare`Intoropttoo ea, this.ef}tdosM AA 6a tahlatt IfP,lSa7 Dec bs Siggi4 W9` .'fat3a/ wT 2F fro SfptAbYWaihlaRtoo of prise sale. . . MM Mint Ns. FOR-TAT.DE• .. •F R 9• .ONI •• • � ' - ' - `4- . d SinQihad gwae ro before q RIPROYEAINTS �„.,.._ ...•"--__.,._ YEAR LAST AVPR, .. ,\ f 'l..L. -->'{e"' � Nad,ey Pyhll t Y4 -1,1....4',..c. ,t +s TOiat..,,;t,e._..----. 4 PROPLRTT'CIASS__.....,„;,,.:::"..:r.:...,.... .:,... re.idiapm a,.sn v..t .. - -'^s---�--a--, DO NOT W Ft17I'E 4.070w$"i,s!•,- ti,�•• OFFIC'k+ �.�,� ' This becomes your receipt when stumped pa€dfby thte'tpunty treasurer. Fuyne t e-�y R -,,t- toast a •;. Lt Cab ' ■m9[a.'R r' be made by cash or certified chock. This Teter-iii't estto audit and wTt(fce- . Hon by the Stato Department of Revenue, and end Rp,1dta siffId 1wl11Ibe xe-. ty,� •turned. > ' *aimed RY .. G ��.�.'. --Oct Rocor,. , r ..■�.Taa SlAoanat.To- _.. ..;'a'''�its�� L�.... RAID � - T :REC1RtP7Nb--,,.,,..'f } .. i ir� AMCµ1N7 n.. .. i +n r M a • r..+... .l ( 3... ..+ .i 8 ./�Je i w'th f / .r'--„.;..•, �—...,l.a”'•) " /. +t' W: ,J r'`i. j..»._.,_. `r_...t..._..r«.c'.....':..._. ..,......... sal 1. '/, /Jf l J !� ti "'I :..... 0 Jefferson County Assessor's Office THE HEART OF THE 4, OLYMPIC PENINSULA I www.co.jefferson.wa.us 9 1 NG'G Jeff Chapman, Assessor MEMO from the Office of JEFFERSON COUNTY ASSESSOR TO: Anna Bausher, Assistant Planner, DCD FROM: Sherrie/Maid., Property OperarLovw DATE: August 17, 2015 RE: MLA15-00047, Fannin MESSAGE; Anna, I have completed my review of the above BLA-Consolidation and the following are my comments. I would suggest that both of the "Before Descriptions" be described on the same Exhibit. They may have misunderstood what I was saying without advising them on how to complete this form, a catch 22-Parcel A & B or Exhibits A & B. I would also add the tideland verbiage to each before description. The tidelands were deeded to lot owners through a separate conveyance after the plat was created so I guess there could be a question as to if they are considered part of the plat or if they should be described individually every time a conveyance occurs. I do have a call into the title company with that question. It is my opinion that ownership either way describing the tidelands in this BLA would be beneficial. My opinion is to add the following verbiage at the end of each "Before Description": Together with Second Class Tidelands, abutting said lot as conveyed under Auditor's File Number 225344, October 10, 1974. P.O.Box 1220,Port Townsend,WA 98368 - Phone(360)385-9105 - Fax(360)385-9197 New or Revised Legal Remove the Lot 11 wording in the middle of the page between the two descriptions. At the end of the description for Lot 12 and before the wording of Situated in the County of Jefferson, State of Washington And the verbiage describing the tidelands— Together with Second Class Tidelands, abutting said lots as conveyed under Auditor's File Number 225344, October 10, 1974. This concludes my review, please do not hesitate to contact me with any questions that you may have. Page 1 of I 6/23/2006 9.30 AM r = I ■ A r .< w ' __+ • ern . 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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.Thu Aug 06 13:05:37 2015 http://gi s server/servlet/com.e sri.esrimap.Esrimap?Servi ceName=ovmap&C lientV ersion=4.0... 8/6/2015 Map Output Page 1 of 1 ArcIMS HTML Viewer Ma ,ri , y t. 980/001,8.. 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' y Parcels-F-1 \\ 980100204 i S MP ironmental e \ - Environmental 4. ire,t..iN Designations \ S80100204 D Aquatic \ \ Consonancy 980100203 ) r Neural /// _ NA / I - Rrorrty Aq uatc 980700202 it M Snordmc Resdcni al 9801 to , , - ., .ins o.:t.,< Man rrandeiM oser Cow*Cent Scrams 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.Thu Aug 06 11:56:52 2015 http://gisserver/servlet/com.esri.esrimap.Esrimap?ServiceName=ovmap&ClientV ersion=4.0... 8/6/2015 Map Output Page 1 of 1 ArcIMS HTML Viewer Map 98U'UO3'4 • 980'003'3 i ` C7 9tY'•'�703'2 r LA ..). . t. 'irdi sec cos Legend 900100310 , JC_Roads • Parcels-#1 i 900100200 Shore Form Type \ � Amuamns1) \ - 000100000 Swie i 900100314 I 1 900100003 r 100= /�'1�_ 900100000 fr'' // ----,,f y, lM1_�—_,9_00,00307 ' 900100303 900100306 _�\ Maps wooded by:e+vsm Carty Cava Se-,oes GO o∎6211 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 I correctness or validity. Data contained in this map is limited by the method and accuracy of its collection. Thu Aug 06 11:56:46 2015 htt :// isserver/servlet/com.esri.esrima .Esrima ?ServiceName=ovma — p g p p p&ClientVersion-4.0... 8/6/2015 Map Output Page 1 of 1 s 1.� \ ArcIMS HTML Viewer Map k. 9acca3n . �---960fU0313 '.. L r r.4 990100312 ~Y \y 990100296 1` 990100311 .r ■ --ll~~ � Legend V~ 990100310 N .1C_Roa ds _ Parcels-H 96010020S __-------- Driftce I Is ,_r 990100009 ♦/ Onargence Zone lz", _� /� lart la Rol 9601.00201 te. \� .l Ne AODreauek Nearsnom 0 rdt f�� Rq ht to L.eN t. 7 960'100324 0nddmed Celt 80=03 777 0100202 �''�-_� 960100306 . `b 96010030? .. CA 96ot00303 ' 9&1•00306 `�``> Maas wordedq_ativsonCanv Cava acwaes GCS �67f1 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.Thu Aug 06 11:56:40 2015 1 http://gisserver/servlet/com.esri.esrimap.Esrimap?ServiceName=ovmap&ClientV ersion=4.0... 8/6/2015 Map Output Page 1 of 1 ArcIMS HTML Viewer Map 910100314 � \�1 9e0100613 y .- I. C7 9e0100312 ,,r 9e0100706 w —9e 000311 , i 1 Legend 990100.310 JC_Roads - Pa rte.'s-H 980100205 —^�'Jf^ Marinas and Bulkheads I (r 9e0100309 1 nuisnaae \ f Nw Manna \ 9d,J■f'�•' 9e0100203 \ / 1 1 'cOJ 8 ••. 980100202 r i I c gyp, 9 ---'-'---1 -• It 4Th 9,, -�\ ----,_� \\. '990100303 ' \ ' 9e0f00306 ��`� r MaRVaxlea of:ahrso,Coorcosta Sarmmcs 0 calsamassmamms 0111 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.Thu Aug 06 11:56:31 2015 http://gisserver/servlet/com.e sri.esrimap.Esrimap?ServiceName=ovmap&ClientVersion=4.0... 8/6/2015 Map Output Page 1 of 1 a ArcIMS HTML Viewer Map 964+003+a __.. \\\---- ,. Ilk.' 9e0100206 1110100311 ~j� J Legend 960+003t0 �� JC_Rwds _^�Fr—_�--'' Pace Ii 41 \ 9601002D5 --- Shoreline Features ..,�� 1 960100304 • OoaRPar ■ .lolly-Ora+n 980tee2M fl F • l'"' Raw▪ Rai launtli \,l /y 960100866 I ■ m+R 960400203/ 960100202 900100006 �' �r C\---------_________________Iuntew y ` 1y 980te6303 1 \K 900100008 Msn tre.+eeAgr:N rta+vsan Ca Ceres%-norsGS \ 0■•■6ari 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.Thu Aug 06 71:56:22 2015 http://gisserver/servlet/com.esri.esrimap.E srimap?ServiceName=ovmap&ClientV ersion=4.0... 8/6/2015 Map Output Page 1 of 1 ArcIMS HTML Viewer Map 1 P , • tielf. i, 1 Legend JC_Rnatis 9::.0'002',1 Parcels-H County Zoning M PR,SF Tracts Rural Ras/dental 1:5 co. Rural Resident 011:10 7 " Rural Resalan1 e11:20 C7 M PR Smgla Family ■ NPR.M a'lemony M PR•Rosen Complex Pars and Rocroaton ■ MPR•Oeon Sena ■ Rural Forest ■ Commercial Forest SYFYrr12p labiate mg Forest • Ilaavy and usual gy.;00 3,-,9 Airport CvF ■ MPR.RIIagc Cantor AP 1:X0 ■ R oral Vltava Center 980'00324 ■ Resource nasal Ind. 98/Y CO203 ref Llget Ind us nal M PR•Racrealwn tiV 980'00202 980' ,yVy Waste Mg mt CFI LPM LPG IIII Crossroado0C 980'Eas-Y_'I tt��{°{ d, ri. Crossroads-CC �a 7 CssroadsNC dl 4'. ro C^ .1 AL 1:20 ,+., ,3 USA U man Commerce, 980'00309 UGA-U roan Llg al Industrial Mom raveled x-c'e-sal Corr'Ccn:.a St v cues GO G®1S2ft UGA•M D R UGA•I DR UGA•Pu a 11e UGA•LDR inUGA-VOner Oruenied Commercial M PRAMS Dnnnon C FACUMRLOCemmmctl Forms M,ncral Resou roc 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.Thu Aug 06 11:56:07 2015 http://gisserver/servlet/com.esri.esrimap.Esrimap?ServiceName=ovmap&ClientV ersion=4.0... 8/6/2015 Map Output Page 1 of 1 ArcIMS HTML Viewer Map 994'003'4 } 990'L%)3'3 1 i L �y < '\ c� 9801001H l \1., ' I 9a4!00206 990t0031t k =` • �— '� Legend •1 j 9801003t0 JC_Roads , i Parcels-H 9000020S I I -- - SIPZ I 990'00309 Ai Aia SIPZ . HO R.a SIPZ 560'00244 ,0' i Ommmiond SYZ ', --'_—~ E Cewia/SMZ i •F 5180'0032-0 99O'®203 4280100202 -�'-- 9103"00''1.85 I 950'0O113I 13, -..� C- __4 ___ `1 „ -- 560'00343 980'00306 - Nmaa:nrde 50..0.0.301 Casty Cera Senaec GIS �. 3 --. 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 I correctness or validity. Data contained in this map is limited by the method and accuracy of its collection.Thu Aug 06 11:55:59 2015 I II II II http://gisserver/servlet/com.esri.esrimap.Esrimap?S erviceName=ovmap&ClientV ersi on=4.0... 8/6/2015 Map Output Page 1 of l ArcIMS HTML Viewer Map 950'003'4 l''5�}{'Sy • 99Ct'CN'3 T '• 1. Cq 9.50'nG3.2 5011 ■ • \ MEV • • Legend ` JC_Roads YN"0.-3'0 1 s Parcels-H r WO'rr) iy No Shooting Zones 1 Dnn non 8rinnan-Olympic Canal Tracts Ti Drmnon Obcs Point Olympic %e:dm:A - i D Yin non•Orym,m Canal Traces n D nn non•Triton Cost 98O'W3ZA u Cnnnscum Cane y_'rp_iNi n Nab Pomt . 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Pi Legend JC Roads :.,80100310 % — Farce Is.H , 980'D2205 Shoreline Slope Stability 1 1 aatoo 980,00309 — ,,,,.... .. 9C'‘V2Ci ) -- E ., I I un-- I mi unsialAv Recant L.=cl shde 7 Linstatale Ole Lanasirse WRY Vatli 1 1 D Modified it LI oi, cA 9.K.400303 980100306 MX&CremInd byJefersolCe.MrCaltd So GIS \ . mii■82ft• 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. Thu Aug 06 11:55:41 2015 http://gisserver/servlet/com.esri.esrimap.Esrimap?ServiceName=ovmap&ClientVersion=4.0... 8/6/2015 Map Output Page 1 of 1 ArcIMS HTML Viewer Map 9eoxoaa• 98o+vU3 \:\\\ \-480100208 1 -`- --' ■ Legend JC_Roads 9tl0'G-9'r-• Parcels-H 1 980•0:,205 —- Priority Habitats and \ I Species r ( 96010030i.•460100203 ,L�� \\. / , ` 980100202 "/---"� _ 960100006 ,� / l f �---- > f ,\ // ill `` ` \ �`'` +7 \ \ 1 1180100306 I� Kis adi4dW.wis.mCoa+r4eiral sescesGS \, 0■620 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.Thu Aug 06 11:55:14 2015 .b.,‘„),)--91.n http://gisserver/servlet/com.esri.esrimap.Esrimap?ServiceName=ovmap&ClientVersion=4.0... 8/6/2015 Map Output Page 1 of 1 ArcIMS HTML Viewer Map (44 Legend yyrr rr.g•n JC_Roads Parcels-H Heritage Points 98YOOK.1 _Y12(13 a !a dl �,00am Mao.so:dodW Moon CosiCMta Strvav GG OP ,a211 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. Thu Aug 06 11:54:53 2015 http://gisserver/servlet/com.esri.esrimap.Esrimap?ServiceName=ovmap&ClientV ersion=4.0... 8/6/2015 Map Output Page 1 of 1 ArcIMS HTML Viewer Map 2. 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Z I k kWk En P-- m h . .11 p1 1a 4^ ,y 4;01 1 f,- ? ��ea a0.,a4 .€ r p\ 4 k a 'tie \4 t 4 A B T lT sON co DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street,Port'Townsend,WA 98368 Tel 360.379A450 I Fax:360.379.4451 Web:www.co.jefferson.wa.us/communirydevelopmcnt E-ma l:dcdOco.iefferson.wa.us PERMIT FEES WORKSHEET Name Jim & Capri Fannin Parcel # 980-100-309 &980-100-324 Estimated Cost of Project Permit# Lot Con. Building Base Fees Building Base Plan Check Review Land Use Review Septic Review Potable Water ECE11VEIA Technology/Scan I 11 $19.50 II: 0 JUL 2 0 2015 State Fee IEFFERS011 C OF ONTIY —J °_OF CGAMI1t,I�yOF'/FlOPB7ENT Other Fees Shoreline Exemption Zoning Lot Consolidation $702.00 Zoning New Address Public Works Total Fees $721.50 Office Use Only Receipt Number: Ic5(�� -- Z Cash/Check/CC: Date: t-7� Jefferson County Assessor& Treasurer- Property Details - 36831 JIM FANNIN for Year... Page 1 of 2 Jefferson County Assessor & Treasurer Property Search Results > 36831 JIM FANNIN for Year 2014 - 2015 Property Account Property ID: 36831 Legal Description: OLYMPIC CANAL ADDITION 1 BLK 3 LOT 11 W/TL FRTG Parcel Number: 980100324 Agent Code: Type: Real Tax Area: 0441 - 1-46F4E4H2C1L1P2 Land Use Code 91 Open Space: N DFL N Historic Property: N Remodel Property: N Multi-Family Redevelopment: N Township: 25N Section: 21 Range: 2W Location Address: Mapsco: Neighborhood: OLYMPIC CANAL TRACTS Map ID: Neighborhood CD: 1250 Owner Name: JIM FANNIN Owner ID: 15463 Mailing Address: CAPRI FANNIN % Ownership: 100.0000000000% 706 S 56TH AVE YAKIMA, WA 98908-4220 Exemptions: Taxes and Assessment Details Property Tax Information as of 08/06/2015 Amount Due if Paid on: NOTE:If you plan to submit payment on a future date, make sure you enter the date and click RECALCULATE to obtain the correct total amount due. Click on"Statement Details"to expand or collapse a tax statement. Year Penalty Interest http://trueweb.jeffcowa.us/propertyaccess/Property.aspx?cid=0&year=2014&prop id=36831 8/6/2015 Jefferson County Assessor& Treasurer- Property Details - 36831 JIM FANNIN for Year... Page 2 of 2 Statement First Second Base Amount ID Half Half Paid Due Base Base Amt. Amt. Statement Details 2015 26607 $326.64 $326.55 $0.00 $0.00 $653.19 $0.00 ik Statement Details 2014 26711 $339.51 $339.40 $0.00 $0.00 $678.91 $0.00 Values Taxing Jurisdiction Improvement / Building Sketch Property Image Land Roll Value History Deed and Sales History Payout Agreement ;ra This website is under active development. Some functionality is not yet available and data is not guaranteed. Assessor Home Page Treasurer Home Page County Maps Permits Disclaimer Website version:9.0.32.2200 Database last updated on:8/6/2015 3:35 ©2015 True Automation, Inc.All Rights AM Reserved. Privacy Notice http://trueweb.j effcowa.us/propertyacce ss/Property.aspx?cid=0&year=2014&prop_id=3 6831 8/6/2015 Jefferson County Assessor& Treasurer- Property Details - 16 JIM FANNIN for Year 20... Page 1 of 2 Jefferson County Assessor & Treasurer 36816 JIM FANNIN for Year 2014 - 2015 Property Account Property ID: 36816 Legal Description: OLYMPIC CANAL ADDITION 1 BLK 3 LOTS 12 &TL FRTG REST COVT#487500 Parcel Number: 980100309 Agent Code: Type: Real Tax Area: 0441 - 1-46F4E4H2C1L1P2 Land Use Code 11 Open Space: N DFL N Historic Property: N Remodel Property: N Multi-Family Redevelopment: N Township: 25N Section: 21 Range: 2W Location Address: 161 CANAL LN Mapsco: BRINNON, WA 98320 Neighborhood: OLYMPIC CANAL TRACTS Map ID: Neighborhood CD: 1250 Owner Name: JIM FANNIN Owner ID: 15463 Mailing Address: CAPRI FANNIN % Ownership: 100.0000000000% 706 S 56TH AVE YAKIMA, WA 98908-4220 Exemptions: Taxes and Assessment Details Property Tax Information as of 08/06/2015 Amount Due if Paid on: - NOTE:If you plan to submit payment on a future date, make sure you enter the date and click RECALCULATE to obtain the correct total amount due. Click on"Statement Details"to expand or collapse a tax statement. Year Penalty Interest http://trueweb.jeffcowa.us/propertyaccess/Property.aspx?cid=0&year=2014&prop_id=36816 8/6/2015 Jefferson County Assessor& Treasurer - Property Details - 16 JIM FANNIN for Year 20... Page 2 of 2 Statement First Second Base Amount ID Half Half Paid Due Base Base Amt. Amt. ► Statement Details 2015 26592 $1415.17 $1415.10 $0.00 $0.00 $1415.17 $1415.10 I• Statement Details 2014 26696 $1299.38 $1299.30 $0.00 $0.00 $2598.68 $0.00 Values Taxing Jurisdiction Improvement / Building Sketch Property Image Land Roll Value History Deed and Sales History Payout Agreement (43at,. , This website is under active development. Some 4' functionality is not yet available and data is not guaranteed. Assessor Home Page Treasurer Home Page County Maps Permits Disclaimer Database last updated on:8/6/2015 3:35 ©2015 True Automation, Inc.All Rights Website version:9.0.32.2200 AM Reserved. Privacy Notice http://trueweb.jeffcowa.us/propertyaccess/Property.aspx?cid=0&year=2014&prop id=36816 8/6/2015 Page 1 of 1 980,CO20/ ' \ 960 003 0 980•00205 I / 080105204 / i 00 / YWItZOS , / g` ! 980 00202 0 960100.904 Nam ems el eltv.coa-scrreourCe,ex,ac-ressCC 96010:130,... 70111 http://maps.cojefferson.wa.us/output/parcels_gisserver171664763345jpg 7/13/2015 Parcel Details Page 1 of 2 �� �� Jefferson + NGT ` Weather Station Database Tools -gati Maps webcarn Home County Info Dopoitmellts Search Parcel Number: 980100309 SEARCH Parcel Number: 980100309 Printer Friendly Owner Mailing Address: JIM FANNIN CAPRI FANNIN 706 S 56TH AVE YAKIMA WA98908-4220 Site Address: n 161 CANAL LN '\1 ' f I BRINNON 98320 \ 0 2015 d Section: 21 School Distict: Brinnon (46) , �� Qtr Section: SE1/4 Fire Dist: Brinnon (4) irF�FR50'� Township: 25N Tax Status: Taxable 4i,uNi „��r�n—�ptFN1 Range: 2W Tax Code: 0441 Planning area: Brinnon (11) Sewer: Drainage:View ew 1: rvP,_n View 2: Zoning 1: RR-5 - Rural Residential Zoning 2: Zoning 3: Sub Division: 9801 - OLYMPIC CANAL DIV 1 Assessor's Land Use Code: 1100 - Residential - Single Unit Property Description: OLYMPIC CANAL ADDITION 1 BLK 3 LOTS 12 &TL FRTG REST COVT#487500 Tax. A/V Sales. Photos, and Permit Data Bldg Data Map Parcel Plats &Surveys Septic Monitoring Info 4 Jefferson County HOME I COUNTY INFO I DEPARTMENTS I SEARCH Best viewed with Microsoft Internet Explorer 6.0 or later 0 Windows - Mac http://www.co.jefferson.wa.us/assessors/parceUparceldetail.asp 7/13/2015 Page 1 of 1 980, 97 \ 4 900.030„ 990?WXG 1, r ,... . 9001W010 . j 990100200 900100205 —_ J r I :� - _ _ �. L �4° SP 19 `� 9804:0307 i 900, 1100X1,, : , 1 % Y \F� I Mmt,crAb T'�avi Co,.Cm*J SVrvm G6 \ 9lJ1003[6 ` , 1120 L2 .)o (IAA e c ca of , \J r t'Z (r ,w http://maps.cojefferson.wa.us/output/pareels_gisserverl 71664883383 jpg 7/13/2015 Parcel Details Page 1 of 2 N , Y Jefferson County 1 , p. .` x 7,,., M#ati,. tabase Tools alkk Maps -.�c R webcam v. Home County Info Departments Search Parcel Number: 980100324 SEARCH Parcel Number: 980100324 Printer Friendly Owner Mailing Address: JIM FANNIN CAPRI FANNIN C �� �/ 706 S 56TH AVE �___ i-- a �"�` YAKIMA WA98908-4220 r 1 I ` 1 JUL 20 2015 7 Site Address: 1,i lad u JEFFERSON COUNTY DEPT OF CO'4NiUNIP(OEVEV_ZnT Section: 21 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) Sewer: Drainage: Bank: View 1: View 2: Zoning 1: RR-5 - Rural Residential Zoning 2: Zoning 3: Sub Division: 9801 - OLYMPIC CANAL DIV 1 Assessor's Land Use Code: 9100 - Vacant Land Property Description: OLYMPIC CANAL ADDITION 1 BLK 3 LOT 11 W/TL FRTG No Permit Data Tax. A/V. Sales Photns. and Bldo Data Map Parcel Plats&Surveys Available � 4 `ti: Jefferson County HOME I COUNTY INFO I DEPARTMENTS I SEARCH l' Best viewed with Microsoft Internet Explorer 6.0 or later •/ 0 Windows- Mac http://www.co.jefferson.wa.us/assessors/parcel/parceldetail.asp 7/13/2015 M m L n �' m m 11 I.I m 1l �� ., o m a ° o m T /II r we m �b .�x°maE i11 W z O .N ru D { WC .n 3 v' sli { �l Lfl z vl fD c-! kl>s0—n 37 CO `- �> nz I r` ° O X1o G �p °�yzZ Z 4 0 °zz �I m�z II rn I �� Gry m C 0 IH) �'� J 0 W u, Io a II it kJ (17Th 1 $ xt m Pr I I O p z l Z cal 1 g4 ! k � ti r i , H I }} E D k --.1 E'' / p i° C57 4� NJ 5 ill sr:gr mcl �a "' OI 11 N w,il_ ' c I.�I r C. 11:10d38 1VUMSNVEi Parcel Details Page 1 of 2 Jefferson Count .. ' $P6, Home County Info Deponents Search Parcel Number: 980100309 SEARCH Parcel Number: 980100309 Printer Friendly Owner Mailing Address: JIM FANNIN CAPRI FANNIN 706 S 56TH AVE �l �� YAKIMA WA98908-4220 `� Site Address: 161 CANAL LN BRINNON 98320 Section: 21 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) Sewer: Drainage: Bank: View 1: View 2: Zoning 1: RR-5 - Rural Residential Zoning 2: Zoning 3: Sub Division: 9801 - OLYMPIC CANAL DIV 1 Assessor's Land Use Code: 1100 - Residential - Single Unit Property Description: OLYMPIC CANAL ADDITION 1 BLK 3 LOTS 12 &TL FRTG REST COVT#487500 Tax, A/V, Sales, Photos,and Permit Data Bldg Data Ma. Parcel Plats&Surveys I_Seotic Monitoring Info Je€arson County HOME I COUNTY INFO I DEPARTMENTS I SEARCH Best viewed with Microsoft Internet Explorer 6.0 or later asWindows - Mac http://www.co.j efferson.wa.us/assessors/parcel/parceldetail.asp?value-980100309 7/20/2015 Parcel Details Page 1 of 2 Jefferson County VVA ,."tY�eaheritron -IJra#a13„ase-Q -_ s AWebr� =r -4 ,Er4041r Home , County Info Departments Search Parcel Number: 980100324 SEARCH Parcel Number: 980100324 Printer Friendly Owner Mailing Address: JIM FANNIN CAPRI FANNIN 706 S 56TH AVE YAKIMA WA98908-4220 Site Address: Section: 21 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) Sewer: Drainage: Bank: View 1: View 2: Zoning 1: RR-5 - Rural Residential Zoning 2: Zoning 3: Sub Division: 9801 - OLYMPIC CANAL DIV 1 Assessor's Land Use Code: 9100 - Vacant Land Property Description: OLYMPIC CANAL ADDITION 1 BLK 3 LOT 11 W/TL FRTG No Permit Data Tax, A/V, Sales Photos, and Bldq Data Map Parcel Plats &Survtys l Available Jefferson County:`r HOME I COUNTY INFO I DEPARTMENTS I SEARCH Best viewed with Microsoft Internet Explorer 6.0 or later Windows - Mac http://www.co.jefferson.wa.us/assessors/parcel/parceldetail.asp 7/20/2015 DEVE•PMENT REVIEW TIME "PET JIM FANNIN MLA15-00047 Date Time Comments �- �` LI /(5 112_ r'�v-C- ( 1',`f�. --�� GID�-e A e'N 1L t ik •_._. .....! mot, A !_! -- ' 1 ^�t' - 31 ffl f , t1Yr A t`l+lt ( Ink) f ' � wsi °1I3t � /a Ik{ /7_1( , s :s.... ' �I . $ ,. r&V, (1 ir, !i'e �-� -{- ,�crre�..� +yam-���'�-e 11 tidemarkl data\forms\R_MLT_Case_CRMLA.rpt August 06, 2015 lir CONSISTENCY REVIEIII Project Planner: Master#M LA1 5-00047 Review Type Project Description SUB15-00014 LOT CONSOLIDATION ann..0■ ba° \-v'—(— Primary: JIM FANNIN Site Address: CAPRI FANNIN 161 CANAL LN 706 S 56TH AVE BRINNON WA, 98320 YAKIMA WA 98908-4220 Project Location: Parcel Number: 980100309 S-T-R: 21-25N-2W Total Acreage 0 Legal Description OLYMPIC CANAL ADDITION 1 BLK 3 LOTS 12 &TL Land Use: 1100 FRTG REST COVT#487500 Flood District: Fire District: 4 Planning Area:\ Flood Map(FIRM)Panel No: .chool D 46 Zoning: l.-'• \ 5 Parcel Number: 980100324 S-T-R: 21-25N-2W Total Acreage 0 Legal Description OLYMPIC CANAL ADDITION 1 BLK 3 LOT 11 W/TL Land Use: 9100 FRTG Flood District: Fire District: 4 Planning Area: Flood Map(FIRM)Panel No: chool D 46 Zoning: L ? \'- 5 COMP PLAN DESIGNATION: —Q\'• COMMUNITY PLAN: UGA: UGA Trans [ ] Plot plan states "property line" [ ] Assessor's Map(Property lin submitted plot plan must match the property lines as identified on the Assessor's 1/4 map) [ ] Legal Access to PropertyVES NO [ ] Parcel Tags or Scanned Docume • YE NO A• t t ' ! N.:met:A. [ ] ESA's: Special Reports earby Co NO I ' %i�! ��� --_ e [ ] Designated Ag YES e1 II V [ ] Shoreline Designation: NO S b_.>,,,,j 'Ai._ : ' ' s. •. �� ��= � �' Atak- [ ] Shoreline Slope Stabilit . i! NO O - +� _•.L 04 Stream Type: S NO FWHCA: 019 NO 1 S 0 ` 0 Wetlands: YES Qt) v Rare Plants:YES 0 Seismic: YES Ns Landslide: YES iS Flood: YES ..�r.e Erosion: YES �iS Aquifer Recharge Area:YES 0 SIPZ: none At Risk High Risk Coastal III _ _._ A t �' CMZ: none. High Risk Moderate Risk i connected CMZ Stormwater site plan submitted: YesNo [ ] Forest Lands: YES NO) `` \\ Adjoining Forest Lands: N Commercial/ Rural/ Inholding [ ] Mineral Lands: YES [ ] Agricultural Lands: A. NO [ ] Archaeology: YES 0 _ [ ] No Shooting Zone: YES NO _ ,tii-vrstJn— — tip,'_Aja∎_!. / ' Ti s.• '[tj(Ps Stormwater: New Impervious Surface Land Disturbing Activity ESA's Stormwater Req's:Min Req#2 Min Req#1 thru#5 Min Req#1 thru#10 Engineering No r` [ ] Notice Provisions/Disclosure:Airport YES MRL YES Nq Forest Lands YES (1.0 [N� Landscaping Required: Yes No [01 Parking Spaces Required NO 2 Other 1�I Building Height: 35' UBC Standard 0]\ Impervface oercentage: Resource ious Sur Lands&Publicov.erc: 10 Rural Residential: 25% Rural Ind.: Per UDC Sec 6.7 Rural Commercial: 60% Area of Building Coverage:60%in Rural Industrial Lands only [0* 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 \f I a Setbacks: Front: Left Side: Right Side: Rear: ti [" Shoreline Setback: �/A LSHA Setback: " skI Road Classification: N/� /� �' Road Approach: EXISTING NOT REQ'D RAP 'N /� [ ] SEPA Required: YEs EXEMPT LUA C. 401 - tt l — 'C CO (,�c)( r [Nipc Flood Certificate: t\li +_ � - [ ] Existing Case(s)& ' ion(s): :- UL.0 4 � 1, Violations: Yes No (I [ ] Recorded Date of Sul I tvision: f I t Yin AFN [� S3-1� Over 5yrs=UDC Plat Conditions: • W.32_ '� <5yrs=Plat Conditions on plat or Old Ordinance [�1 Lots/Require Dec ation of Restrictiv- Covenant YE , submitted: YES NO N„))\ UGA No Protest Agreement YE;,� S. submitted: YES NO [ Site Visit conducted YES iiv [ ] Require Final Zoning Approval S NO [ ] ADMIN: Setbacks entered in Permit Plan case YES New Parcel Tags entered in Permit Plan fifk YES Special Reports Scanne N/ - YES Title No Updated Parcel tags found for parcel 980100309 1.) Geotechnical Report ZONO3-00055 8/25/04 Parcel tags found for parcel 980100309 2.) WSRC Coaching- no date, CZ 8/30/13 CAO Parcel tags found for parcel 980100324 3.) WSRC Coaching - no date, CZ 8/30/13 CAO Associated CASES status issued finaled description 980100309 MLA03-00490 ZONO3-00055 F 7/21/2004 3/1/2005 Site Plan Approval Advance Determination(SPAAD). MLA15-00047 SUB15-00014 P LOT CONSOLIDATION PRE03-00020 F 6/13/2003 Pre-application Conference PRE13-00006 M 4/11/2013 Addition within FWHCA buffer for a garage&satelite bedroom PRJ04-00178 D SEP03-00217 D now filed with SEP04-00156 CASES FINDING, CONDITIONS, PERMISSIONS FOR i Parcel 980100324 Printed: August 6, 2015 Cases Name Review Status Planner Type SUB15-00014 MLA15-00047 FANNIN P Anna Bausher Application Received: 7/20/2015 Permit Issued/Case closed: Case Finaled: LOT CONSOLIDATION No findings, conditions, or permissions found. PRE13-00006 FANNIN M David Wayne Johnson Application Received: 3/26/2013 Permit Issued/Case closed: 4/11/2013 Case Finaled: Addition within FW HCA-butter tor a garage &satelite bedroom No findings, conditions, or permissions found. \\tidemark\data\forms\R_MLT_Parcel Cond.rpt 8/6/2015 Page 1 of 1 CASES IINDING, CONDITIONS, PERMISSIONS FOR Parcel 980100309 S Printed: August 6, 2015 Cases Name Review Status Planner Type ZONO3-00055 MLA03-00490 FANNIN I F Stacie Hoskins Application Received: 8/26/2003 Permit Issued/Case closed: 7/21/2004 Case Finaled: 3/1/2005 Site Plan Approval Advance Determination (SPAAD). 1.) The application was reviewed by the Jefferson County Department of Community Development staff on September 23, 2004 for the potential presence of Environmentally Sensitive Areas (ESAs) under the provisions of the Unified Development Code(UDC). After an initial Geographic Information Systems mapping review and an investigative site inspection, the following ESAs were confirmed to be present on the subject property: Suburban Shoreline designation, Fish &Wildlife Habitat(Eagle, Osprey, Trumpeter Swan, Waterfowl), and Coastal Seawater Intrusion Zone(SIPZ). 2.) Any proposed tree removal should be reviewed by WDFW prior to clearing activities. 3.) Washington State Department of Fish &Wildlife commented on the proposal for impacts to osprey habitat and recommended the following: This development should not have a significant impact on osprey, provided they do not remove mature conifer from the site. WDFW could not observe osprey due to the migration time period. Osprey have already migrated south for the winter. Therefore it is difficult to pinpoint the exact nest location from the subject property. According to WDFW PHS maps, the nest is located immediately to the south of the subject property. Any proposed tree removal should be reviewed by WDFW prior to clearing activities. 4.) As per the approved Eagle Plans received November 3, 2003 for Lot 12 and received July 20, 2004 for Lot 5, the applicant shall retain all known perch trees and conifers >1=24 inches diameter at breast height(d.b.h.). The applicant shall also retain >/=50% of pre-clearing or pre-construction conifer stand with diameter distributions representative of the original stand (>6 feet tall). Windowing and low limbing of trees is acceptable provided no more than 30% of the live crown is removed. 5.) The proposal was reviewed for consistency with the Shoreline Management Master Program Section 3.402.5 and found to be consistent. The proposal is (1)a SPAAD for a single family residence and sewage disposal system, (2) does not exceed 35 feet in height, (3)does not involve over-water construction and is located landward of the OHWM, and (4) meets or exceeds all required setbacks as set forth in said SMMP 6.) Marine shorelines and islands are susceptible to a condition that is known as seawater intrusion. Seawater intrusion is a condition in which the saltwater/freshwater interface in an aquifer moves inland so that wells drilled on upland areas cannot obtain freshwater suitable for public consumption without significant additional treatment and cost. Maintaining a stable balance in the saltwater/freshwater interface is primarily a function of the rate of aquifer recharge (primarily through rainfall)and the rate of groundwater withdrawals (primarily through wells). The Washington Department of Ecology is the agency with statutory authority to regulate groundwater withdrawal for individual wells in Jefferson County. New development, redevelopment, and land use activities on islands and in close proximity to marine shorelines in particular should be developed in such a manner to maximize aquifer recharge and maintain the saltwater/freshwater balance to the maximum extent possible by infiltrating stormwater runoff so that it recharges the aquifer. 7.) The parcel is located within a coastal SIPZ(seawater intrusion protection zone)according to the County GIS map. There are voluntary and mandatory measures identified in the Jefferson County Seawater Intrusion Policy(Resolution 44-22, effective September 23, 2002)that apply to well drilling proposals and building permit applications on existing lots of record. A Coastal SIPZ is defined as: all islands and area within one-quarter mile of marine shoreline, but no history of chloride concentration above 100 mg/L in groundwater sources within 1000 feet. 8.) To help prevent seawater from intruding landward into underground aquifers, all new development activity on Marrowstone Island, Indian Island and within 1/4 mile of any marine shoreline shall be required to infiltrate all stormwater runoff onsite. 1\tidemark\data\forms\R_MLT_Parcel_Cond.rpt 8/6/2015 Page 1 of 10 Cases NA me Review Status Planner Type II- 9.) VOLUNTARY MEASURES OF CO TAL&AT RISK SIPZ: Water conservation measures: 1. Roof and other intercepted precipitation shall be routed to on-site detention ponds and/or other approved means and allowed to be released to the soil slowly. 2. Water collected from Storm water and roof catchments may be used for watering lawns and gardens. Unless catchment water has been treated to meet drinking water standards, there shall be no cross connections allowed between the potable supply and impounded water. 3. Water withdrawn from wells on each property shall not be used for watering of lawns and/or gardens. 4. Ground water withdrawn from each property shall be restricted to a rate of three(3)gallons per minute. 5. Installation of water conserving fixtures such as low flow toilets,faucets and shower restrictors and other water saving plumbing fixtures. 6. Landscaping plan (xeriscaping, native vegetation with minimal amounts of irrigation). Please NOTE that the above listed measures are not intended to be exhaustive, but rather is intended to be illustrative of the types of water conservation measures. 10.) MANDATORY MEASURES FOR COASTAL SIPZ: 1. For proof of potable water on a building permit application, applicant must utilize DOH-approved public water system if available. 2. If public water is unavailable, a qualifying alternative system may be used as proof of potable water or an individual well may be used as proof of potable water subject to the following requirement: a. Chloride concentration of a laboratory-certified well water sample submitted with building permit application. 3. If public water is unavailable, a qualifying alternative system may be used as proof of potable water. \\tidemark\data\forms\R_MLT_Parcel_Cond.rpt 8/6/2015 Page 2 of 10 Cases Name Review Status Planner Type 11.) The proposal was reviewed agains a site plan determination criteria of the Un d Development Code (Section 8.7). The criteria for approval is as follows: 1. The proposed site plan conforms to all applicable county, state, and federal land use, environmental and health regulations and plans, including but not limited to the following: The Jefferson County Comprehensive Plan and the provisions of the Unified Development Code. Staff comment:The application was reviewed for consistency under the provisions of the Unified Development Code, Comprehensive Plan, and Shoreline Master Program. The application was found in compliance with all ordinances pertaining to the proposed development. 2. Adequate provisions for utilities and other public services necessary to serve the needs of the proposed site plan have been demonstrated, including open spaces, drainage ways, roads, and other public ways, potable water, sewerage disposal, fire flow and other improvements. Staff comment:The parcels total approximately 0.5 acres, and the site plan as submitted complies with UDC Table 6-1: Density, Dimension and Open Space Standards. Open Space was designated on the face of the plat for Sugar Hill Estates, a Large Lot Subdivision recorded under AFN 446842. Jefferson County Department of Environmental Health commented on the proposal July 20, 2004 stating no waivers are needed contingent upon two conditions: 1) Lot 5 shall be purchased to obtain minimum land area and achieve setbacks, and 2)The applicant shall obtain an State approved increased water right, permit G2-29695. A septic permit(SEP04-00156) is under review by the Jefferson County Department of Environmental Health. A previously submitted septic permit application (SEP03-00217)on Lot 12 was denied January 15, 2004. A state approved water system is proposed to provide water to this parcel. The applicant shall provide proof of potable water at the time of building permit application. This application does not vest the parcel for potable water. The site is accessed via Canal Lane, a local access county road identified as C207709. The road approach was existing, and an address of 161 Canal Ln has been assigned to the parcel. A utility permit(RAP04-00154)was reviewed by Public Works for the road crossing. This application is for Site Plan Approval Advance Determination to eventually construct a single family residence and install a septic system. Sections 6.6 and 6.7 of the Jefferson County Unified Development Code requires the project applicant prepare a stormwater plan in compliance with the Department of Ecology Stormwater Management Manual for Western Washington to control stormwater, erosion and sediment during construction, to address permanent measures to stabilize soil exposed during construction, and in the design and operation of stormwater and drainage control systems. This SPAAD was not reviewed for fire flow. However, the parcels are located within a state approved water system. Jefferson County has no specific adopted fire flow requirements for utilization in permitting. Application of Coordinated Water System Plan (CWSP)fire flow requirements for individual projects is inappropriate since the primary purpose is for water system design to assure adequate pipe size, source, and storage. 3. The probable significant adverse environmental impacts of the proposed site plan, together with any practical means of mitigating adverse impacts, have been considered such that the proposal will not have an unacceptable adverse effect upon the quality of the environment, in accordance with the State Environmental Policy Act(SEPA) implementing the provisions contained within Section 8 of this Code and Chapter 43.21C RCW. Staff comment: Single family residences are EXEMPT from the State Environmental Policy Act(SEPA). WAC 197-11-800(1)(b)(i) identifies the construction of any residential structure of four(4)dwelli 12.) The project applicant shall prepare a stormwater plan in compliance with the Department of Ecology Stormwater Management Manual for Western Washington to control stormwater, erosion and sediment during construction, to address permanent measures to stabilize soil exposed during construction, and in the design and operation of stormwater and drainage control systems. 13.) The parcel owner shall submit for review and approval a Declaration of Restrictive Covenant combining parcels 980 100 309 and 980 100 205 for development purposes. Subsequent to the project applicant's purchase of parcel 980 100 205, the applicant shall record said Covenant with the Jefferson County Auditor. 14.) In order for this SPAAD to be valid and to obtain minimum land area and achieve setbacks, Lots 5 and 12 shall be under single ownership. 15.) The applicant shall provide proof of potable water at time of building permit application submittal. The applicant shall obtain a State approved increased water right for a single family residence, permit G2-29695. 16.) A minimum of two(2)on-site parking spaces are required for a single family residence. 17.) Maximum building height is 35 feet. \\tidemark\data\forms\R_MLT_Parcel_Cond.rpt 8/6/2015 Page 3 of 10 Cases me Review Status Planner Type 18.) Maximum impervious surface cove ge is 25%of the parcel. Impervious surfac s defined as a surface area that creates a barrier to the entry of water into the soil in comparison with natural conditions prior to development, or that causes water to run off the surface in greater quantities or at an increased rate of flow in comparison with the flow prior to development. Common impervious surfaces may include roofs, driveways, patios, packed earth, and oiled surfaces. UDC Table 6-1, Note 15 allows pre-existing lots of record less than one acre in size in Rural Residential districts to meet the"Area of Impervious Surface Coverage"to the maximum extent practicable as determined by the Administrator, subject to compliance with the stormwater requirements in UDC Section 6.7. 19.) Lots 5 and 12 were created through the Olympic Canal Addition No. 1 subdivision April 1, 1963 under AFN 175276, Vol 4, p 33(2 pages)of Long Plats with the Jefferson County Auditor. 20.) Minimum setback from Canal Lane right of way is 20 feet. Minimum side and rear setbacks are 5 feet. Minimum setback from the top of the shoreline bank is 15 feet. 21.) A Geotechnical report prepared by Northwestern Territories, Inc dated august 15, 2003 was submitted in conjunction with the application to address the shoreline bank. The report recommends a landslide hazard buffer of 15 feet from the top of the bluff with recommendations. 22.) A site plan submitted November 7, 2003 identifies the existing structures adjacent to and located within 300 feet of the proposed buildable area on Lot 12. The existing residence at 141 Canal Lane on APN 980 100 310 maintains an average setback of 14.5 feet from the top of the shoreline bank. The existing residence at 171 Canal Lane on APN 980 100 308 maintains an average setback of 15.5 feet from the top of the shoreline bank. Per Shoreline Management Master Program (SMMP)Section 5.160 Performance Standard 9.a, shoreline averaging allows the required shoreline setback to be reduced to 15 feet on Lot 12 subject to an administrative variance per SMMP 7.104. 23.) The applicant shall comply with the permit conditions for RAP04-00154 and install the road crossing prior to permit expiration for this SPAAD to be valid. 24.) Outdoor residential storage shall be maintained in an orderly manner and shall create no fire, safety, health or sanitary 1 hazard. 25.) Not more than two(2)unlicensed or inoperable vehicles shall be stored on any lot less than one-half acre unless totally screened from view of neighboring dwellings and rights-of-way. Such screening shall meet all applicable performance and development standards specific to the district in which the storage is kept, and shall be in keeping with the character of the area. Screening shall meet the requirements of Unified Development Code(UDC)Section 6. Outdoor storage of thirteen(13)or more unlicensed or inoperable vehicles is prohibited except in those districts where specified as an automobile wrecking yard or junk(or salvage)yard and allowed as a Permitted Use in Table 3-1 of the UDC, and such storage shall meet the requirements of UDC Section 4.10. In no case, shall any such unlicensed or inoperable vehiclesbe stored in an Environmentally Sensitive Area (ESA). \\tidemark\data\forms\R_MLT_Parcel_Cond.rpt 8/6/2015 Page 4 of 10 Cases me Review Status Planner Type 26.) Variance applications are subject to e following criteria identified in SMMP 7.11 1. The hardship, as described in either Item 1 or 2 above, is specifically related to the property and is the result of unique conditions such as irregular lot shape, size, or natural features and the application of this Master Program and not, for example,from deed restrictions or the applicant's own actions. Staff comment: The top of the shoreline bank is 41 feet in height. The standard shoreline setback is 41 feet from the top of the shoreline bank. Lot 12 is approximately 0.21 acres in size. The length of the northern parcel boundary from Canal Lane to the top of the shoreline bank is approximately 95 feet, and the length of the southern parcel boundary from Canal Lane to the top of the shoreline bank is approximately 155 feet. A 20-foot setback is required from the edge of Canal Lane right-of-way. Olympic Canal Addition No. 1 was platted April 1, 1963 prior to adoption of the Shoreline Management Master Program. The constraints of the lot are not the result of deed restrictions or the applicant's own actions. 2. The design of the project will be compatible with other permitted activities in the area and will not cause adverse effects to adjacent properties or the shoreline environment. Staff comment: Shoreline averaging would allow the proposed development to be compatible with the permitted activities and existing development on the adjacent properties. Shoreline averaging for Lot 12 will not cause adverse effects to adjacent properties or the shoreline environment. 3. The variance authorized does not constitute a grant of special privilege not enjoyed by the other properties in the area, and will be the minimum necessary to afford relief. Staff comment: The adjacent properties enjoy lesser setbacks than the standard setback identified under SMMP Section 5.160.9. The proposed shoreline setback of 15 feet from the top of the shoreline bank meets the prescriptive shoreline averaging provision of SMMP Section 5.160.9.a. 4. The public interest will suffer no substantial detrimental effect. Staff comment: The public interest will suffer no substantial detrimental effect. 5. The variance will be in harmony with the general purpose and intent of this Master Program. Staff comment: The proposed shoreline average setback is in harmony with the general purpose and intent of this Master Program. 6. In the granting of all variance applications, consideration shall be given to the cumulative impact of additional requests for similar actions in the area. For example, if variances where granted to other developments in the area where similar circumstances exist, the total of the variances should also remain consistent with the purpose, goals, and policies of this Master Program and should not produce substantial adverse effects to the shoreline environment. Staff comment: Olympic Canal Addition No. 1 was platted April 1, 1963 prior to adoption of the Shoreline Management Master Program. Many of the shoreline lots have been developed. New development is subject to the On-site Sewage Code, The Stormwater Management Manual for Western Washington, and the Unified Development Code. Development of the remaining undeveloped existing lots is consistent with the SMMP and should not produce substantial adverse effects to the shoreline environment. 27.) The applicant shall comply with the recommendations identified in the submitted geotechnical report prepared by NTI dated August 15, 2003. 28.) The site plan as submitted with the SPAAD application on July 16, 2004 has been reviewed for consistency under the UDC, and has been approved by Jefferson County Department of Community Development. Any modifications, changes, and/or additions to the stamped, approved site plan dated July 21, 2004 shall be resubmitted for review and approval by Jefferson County Department of Community Development. 29.) Development Review staff conducted a site visit of the subject property September 24, 2004. Photographs in the file (MLA03-00490)taken of the proposed buildable area and adjacent existing residences are consistent with the proposed site plan and setbacks identified for adjacent residences. 30.) This approval is for a Site Plan Approval Advance Determination (SPAAD) only. Any future permits on this site are subject to review for consistency with applicable codes and ordinances and does not preclude review and conditions which may be placed on future permits. BLD04-00765 MLA04-00679 FANNIN I F Greg Ballard Application Received: 12/6/2004 Permit Issued/Case closed: 3/1/2005 Case Finaled: 12/27/2005 NEW SFR W/COVERED PORCH 1.) The application was reviewed by the Jefferson County Department of Community Development staff on January 21, 2005 for the potential presence of Environmentally Sensitive Areas (ESAs) under the provisions of the Unified Development Code(UDC). After an initial Geographic Information Systems mapping review and an investigative site inspection, the following ESAs were confirmed to be present on the subject property: Suburban Shoreline designation, Fish &Wildlife Habitat(Eagle, Osprey, Trumpeter Swan, Waterfowl), and Coastal Seawater Intrusion Zone (SIPZ). 2.) Any proposed tree removal should be reviewed by WDFW prior to clearing activities. \\tidemark\data\forms\R_MLT_Parcel_Cond.rpt 8/6/2015 Page 5 of 10 Cases me Review Status Planner Type 3.) Washington State Department of Pir &Wildlife commented on the proposal fo pacts to osprey habitat and recommended the following: This development should not have a significant impact on osprey, provided they do not remove mature conifer from the site. WDFW could not observe osprey due to the migration time period. Osprey have already migrated south for the winter. Therefore it is difficult to pinpoint the exact nest location from the subject property. According to WDFW PHS maps, the nest is located immediately to the south of the subject property. Any proposed tree removal should be reviewed by WDFW prior to clearing activities. 4.) As per the approved Eagle Plans received November 3, 2003 for Lot 12 and received July 20, 2004 for Lot 5, the applicant shall retain all known perch trees and conifers >/=24 inches diameter at breast height (d.b.h.). The applicant shall also retain >/=50% of pre-clearing or pre-construction conifer stand with diameter distributions representative of the original stand (>6 feet tall). Windowing and low limbing of trees is acceptable provided no more than 30% of the live crown is removed. This application was not sent to WDFW because it is consistent with the approved SPAAD that included an eagle managment plan. 5.) The proposal was reviewed for consistency with the Shoreline Management Master Program Section 3.402.5 and found to be consistent. The proposal is (1)a SPAAD for a single family residence and sewage disposal system, (2) does not exceed 35 feet in height, (3)does not involve over-water construction and is located landward of the OHWM, and (4) meets or exceeds all required setbacks as set forth in said SMMP 6.) Marine shorelines and islands are susceptible to a condition that is known as seawater intrusion. Seawater intrusion is a condition in which the saltwater/freshwater interface in an aquifer moves inland so that wells drilled on upland areas cannot obtain freshwater suitable for public consumption without significant additional treatment and cost. Maintaining a stable balance in the saltwater/freshwater interface is primarily a function of the rate of aquifer recharge (primarily through rainfall) and the rate of groundwater withdrawals (primarily through wells). The Washington Department of Ecology is the agency with statutory authority to regulate groundwater withdrawal for individual wells in Jefferson County. New development, redevelopment, and land use activities on islands and in close proximity to marine shorelines in particular should be developed in such a manner to maximize aquifer recharge and maintain the saltwater/freshwater balance to the maximum extent possible by infiltrating stormwater runoff so that it recharges the aquifer. 7.) The parcel is located within a coastal SIPZ(seawater intrusion protection zone)according to the County GIS map. There are voluntary and mandatory measures identified in the Jefferson County Seawater Intrusion Policy(Resolution 44-22, effective September 23, 2002)that apply to well drilling proposals and building permit applications on existing lots of record. A Coastal SIPZ is defined as: all islands and area within one-quarter mile of marine shoreline, but no history of chloride concentration above 100 mg/L in groundwater sources within 1000 feet. 8.) To help prevent seawater from intruding landward into underground aquifers, all new development activity on Marrowstone Island, Indian Island and within 1/4 mile of any marine shoreline shall be required to infiltrate all stormwater runoff onsite. 9.) VOLUNTARY MEASURES OF COASTAL&AT RISK SIPZ: Water conservation measures: 1. Roof and other intercepted precipitation shall be routed to on-site detention ponds and/or other approved means and allowed to be released to the soil slowly. 2. Water collected from Storm water and roof catchments may be used for watering lawns and gardens. Unless catchment water has been treated to meet drinking water standards, there shall be no cross connections allowed between the potable supply and impounded water. 3. Water withdrawn from wells on each property shall not be used for watering of lawns and/or gardens. 4. Ground water withdrawn from each property shall be restricted to a rate of three(3)gallons per minute. 5. Installation of water conserving fixtures such as low flow toilets, faucets and shower restrictors and other water saving plumbing fixtures. 6. Landscaping plan (xeriscaping, native vegetation with minimal amounts of irrigation). Please NOTE that the above listed measures are not intended to be exhaustive, but rather is intended to be illustrative of the types of water conservation measures. 10.) VOLUNTARY MEASURES OF COASTAL &AT RISK SIPZ: 1. Installation of a flow meter. 2. On-going well monitoring for chloride concentration. 3. Submittal of monitoring data to County. \\tidemark\data/forms\R_MLT_Parcel_Cond.rpt 8/6/2015 Page 6 of 10 Cases. me Review Status Planner Type 11.) MANDATORY MEASURES FOR Mr STAL SIPZ: 1. For proof of potable water on a building permit application, applicant must utilize DOH-approved public water system if available. 2. If public water is unavailable, a qualifying alternative system may be used as proof of potable water or an individual well may be used as proof of potable water subject to the following requirement: a. Chloride concentration of a laboratory-certified well water sample submitted with building permit application. 3. If public water is unavailable, a qualifying alternative system may be used as proof of potable water. 12.) A Declaration of Restrictive Covenant combining parcels 980100309 and 980100205 was recorded through Auditior File Number 487500 on July 29, 2004 13.) Among the native conifer species which may be used in buffers or for re-vegetation include, but are not limited to: Grand Fir(Aibes grandis), Sitka Spruce(Picea Sitchensis), Shore Pine(Pinus Contorta), Douglas Fir(Pseudotsuga Menziesii),Western Red Cedar(Thuja Plicata), and Western Hemlock(Tsuga Heterophylla). Among native tree species which may be used includes:Vine Maple(Acer Circinatum), Big-Leaf Maple(Acer Macrophyllum), Red Alder(Alnus Rubra), Pacific Madrone(Arbutus Menziesii), Quaking Aspen(Populus Tremula), Black Cottonwood (Populus Trichocarpa), Bitter Cherry(Prunus Emarginata), Oregon White Oak(Quercus Garryana), Cascara (Rhamnus Purshiana), Pacific Willow(Saliz Lasiandra), and Scouler's Willow(Saliz Scouleriana). Among the native shrub species which may be used are: Sevice-Berry(Amalanchier Alnifolia), Red Osier Dogwood (Cornus Stolonifera)Sala! (Gaultheria Shallon), Ocean Spray(Holodiscus Discolor), Indian Plum (Oemlaria Cerasiformis), Pacific Ninebark(Physocarpus Capitus), Red Flowering Currant(Ribes Sanguineum),Wild Rose (Rosa Nutkana), Swamp Rose(Rosa Pisocarpa), Willows(Salix ssp.), Red Elderberry(Sambucus Racemosa), Snowberry(Symphoricarpos Albus), Evergreen Huckleberry(Vaccinium Ovatum), Red Huckleberry(Vaccinium Parvifolium). 14.) A 15 foot shoreline buffer is required. Buffers are areas that shall be maintained in their natural condition, however, minor pruning or alteration of vegetation may be permitted as long as the function and character of the buffer are not diminished. 15.) Jefferson County Environmental Health indicated that potable water was adequate for this proposal by signing off on this building permit in Tidemark. 16.) A Site Plan Approval Advance Determination(SPAAD)was approved July 21, 2004 for parcels 980100309 and 980100205. This proposal is consistent with the approved SPAAD. Other issues related to a building permit(such as stormwater)are examined through this application and were not examined through the SPAAD. 17.) The applicant is proposing to create or add 1,842 square feet of impervious surface and 3,110 square feet of land disturbing activities. Sections 6.6 and 6.7 of the Jefferson County Unified Development Code requires that your proposal submit a stormwater plan for a Small Project(i.e. construction Best Management Practice are attached). 18.) The project shall adhere to the Best Management Practices(BMPs)to control stormwater, erosion and sediment during construction. BMPs shall address permanent measures to stabilize soil exposed during construction, and in the design and operation of stormwater and drainage control systems. 19.) A Stormwater Plan that includes tightlining stormwater to the beach as specified in the Geotechnical Report completed by NTI on 8/15/03 has been submitted and approved by the Department of Community Development. Once the subject permit has been issued the applicant shall fully implement the provisions of the submitted plan and contact the Jefferson County Department of Community Development to arrange a schedule to inspect the property for plan compliance. A Certificate of Occupancy will not be issued until the Department verifies plan compliance. No clearing for roadways or utilities shall occur on the project site until clearing necessary for the installation of temporary sedimentation and erosion control measures have been completed. 20.) Jefferson County determined that this proposal is categorically exempt from review under the State Environmental Policy Act(SEPA)pursuant to WAC 197-11-800(1)(b)(i). 21.) Outdoor residential storage shall be maintained in an orderly manner and shall create no fire, safety, health or sanitary hazard. 22.) Not more than two(2) unlicensed or inoperable vehicles shall be stored on any lot less than one-half acre unless totally screened from view of neighboring dwellings and rights-of-way. Such screening shall meet all applicable performance and development standards specific to the district in which the storage is kept, and shall be in keeping with the character of the area. Screening shall meet the requirements of Unified Development Code(UDC)Section 6. Outdoor storage of thirteen (13)or more unlicensed or inoperable vehicles is prohibited except in those districts where specified as an automobile wrecking yard or junk(or salvage)yard and allowed as a Permitted Use in Table 3-1 of the UDC, and such storage shall meet the requirements of UDC Section 4.10. In no case, shall any such unlicensed or inoperable vehiclesbe stored in an Environmentally Sensitive Area(ESA). 23.) Maximum lot coverage is not to exceed 25%. Lot coverage is defined as amount of impervious surface which includes roof tops, driveways, concrete, etc. 24.) The building height is not to exceed 35 feet. 25.) Minimum setback from Canal Lane right of way is 20 feet. Minimum side and rear setbacks are 5 feet. Minimum setback from the top of the shoreline bank is 15 feet. 26.) Two off-street parking spaces shall be provided. \\tidemark\data\forms\R_MLT_Parcel_Cond.ryt 8/6/2015 Page 7 of 10 Cases . e Review Status Planner Type 27.) A Geotechnical report prepared by orthwestern Territories, Inc dated august 1 , 03 was submitted in conjunction with the application to address the shoreline bank. The report recommends a landslide hazard buffer of 15 feet from the top of the bluff with recommendations. 28.) A site plan submitted November 7, 2003 identifies the existing structures adjacent to and located within 300 feet of the proposed buildable area on Lot 12. The existing residence at 141 Canal Lane on APN 980 100 310 maintains an average setback of 14.5 feet from the top of the shoreline bank. The existing residence at 171 Canal Lane on APN 980 100 308 maintains an average setback of 15.5 feet from the top of the shoreline bank. Per Shoreline Management Master Program (SMMP)Section 5.160 Performance Standard 9.a, shoreline averaging allows the required shoreline setback to be reduced to 15 feet on Lot 12. 29.) The applicant shall comply with the permit conditions for RAP04-00154 and install the road crossing. 30.) The applicant shall comply with the recommendations identified in the submitted geotechnical report prepared by NTI dated August 15, 2003. The following is a summary of the recommendations from the Geotechnical report and this permit is subject to these recommendations. A.-A 15 setback from the top of bluff 1. It will be necessary to maintain ground cover on soil areas in order to reduce erosion from surface run-off. Any bare areas that develop should be revegetated. Native deep-rooted vegetation that requires little or no irrigation would be most beneficial. Please consult the on-line publications mentioned below for further information. 2/3.Vegetation on the bluff face provides stabilization to the bluff soils and helps remove water from the soil. Existing established vegetation should be left in as natural state as possible. If a better view is desired, minor thinning and pruning should be done in such a way that minimizes disturbance to the soil and root zone ant that insures the continued health of the vegetation. It may be worthwhile to consult a tree expert in this manner. 4. Heavy irrigation or other activities that would contribute large quantities of water to the soil should be avoided. 5. Surface run-off should not be allowed to flow over the face of the bluff and cause erosion on the bluff face soils. One way to mitigate this if necessary would be to construct a swale or interceptor drain on the upland and direct water to a catchment area then to the beach(or to the rock exposed in the lower bluff)via tightline. Please see the online publication recommended below for more information on this subject. 6. Surface runoff from hard surfaces such as roofs, driveways,walkways and patios should be controlled and routed to the beach(or the rock exposed in the lower bluff)via tightline such that surface water discharge to the adjacent properties does not significantly exceed predevelopment rates. 7.Silt fences or other sediment control devices may be needed during construction such that sedimentation to adjacent properties does not significantly exceed predevelopment conditions. 8. Drainage control devices should be maintained in good working order and inspected at least once a year. 9.An engineered drainage and erosion control plan should be developed for this property to address items 4,5,6, &7 above. 31.) Development Review staff conducted a site visit for the SPAAD(MLA 04-490)of the subject property September 24, 2004. Photographs in the file(MLA03-00490)taken of the proposed buildable area and adjacent existing residences are consistent with the proposed site plan and setbacks identified for adjacent residences. 32.) The Geotechnical Report completed by NTI on 8/15/03 recommends stormwater to be tightlined to the beach. The small size of the parcel, lack of area near the house, conditions of the site, and the basalt nature of the beach make the tightline appropriate in this circumstance. This applicant shall submit designs of the tightline to Jefferson County Department of Community Development prior to the installation of the tight-line to the beach. The purpose of this requirement is to ensure that the tight line is adequately designed to ensure that it will not impact the shoreline bluff or the beach. In addition,that the tightline is constructed of appropriate material. This information will be reviewed as part of this building permit. 33.) The site plan as submitted with the building permit application(BLD 04-765)on December 6, 2004 has been reviewed for consistency under the UDC, and has been approved by Jefferson County Department of Community Development. Any modifications, changes, and/or additions to the stamped, approved site plan dated January 24, 2005 shall be resubmitted for review and approval by Jefferson County Department of Community Development. 34.) This approval is for a single family residence with a covered porch only. Any future permits on this site are subject to review for consistency with applicable codes and ordinances and does not preclude review and conditions which may be placed on future permits. 35.) This proposal is comprised of parcel 980100205(block 2 Lot 5 of Olympic Canal Addition#1 recorded April 1, 1963) and parcel 980100309(Block 3 Lot 12 Olympic Canal Addition#1 recorded April 1, 1963). These lots have been combined through a restrctive covenant recorded through auditor file number 487500 on 7/29/04. This proposal is designated Rural Residential 1 dwelling per 5 acres by the Jefferson County Comprehensive Plan adopted August 28, 1998. 36.) ZON 03-217(SPAAD)approved 7/21/04; SEP 04-156 approved 8/4/04, RAP 04-156 approved 7/21/04; COM 04-79 resolved 1/21/05. \\tidemark\data\forms\R_MLT_Parcel_Cond.rpt 8/6/2015 Page 8 of 10 Cases , e Review Status Planner Type 37.) The Geotechnical Report recommends a tightline and the shoreline bluff is comp ed primarily of basalt so a tightline is appropriate for this proposal. The tightline would catch all downspouts from the structure and convey the water over the shoreline bluff. The tightline would be located along the northern property line where the bluff height is approximately 10 feet in height. The tightline should be constructed of a material (like HDPE or ultraviolet radiation-resistant flexible rubber material) that will not be weakening through ultraviolet radiation exposure and mechanical damage due to trees, rocks and debris. A more durable material for the tightline will provide greater defense against the elements. The tightline should be located behind the OHWM, anchored, and an energy dispersion device should be utilized. The tightline shall be designed and placed in order to minimize visual impacts to users of the beach and nearby waters. 38.) The applicant/owner and all future owners are responsible for maintaining and protecting the stormwater runoff tightline to the beach against damage due to normal wear,weather exposure, and/or trees, rocks and debris. The tightline should be periodically inspected to ensure that it is functioning properly. If and when damage occurs to the tightline that renders it ineffective, the responsible party must execute the necessary repairs as soon as possible and no longer than 30 days. SUB15-00014 MLA15-00047 FANNIN P Anna Bausher Application Received: 7/20/2015 Permit Issued/Case closed: Case Finaled: LOT CONSOLIDATION No findings, conditions, or permissions found. PRE03-00020 FANNIN F Kevin Russell Application Received: 5/14/2003 Permit Issued/Case closed: 6/13/2003 Case Finaled: Pre-application Conference No findings, conditions, or permissions found. PRE13-00006 FANNIN M David Wayne Johnson Application Received: 3/26/2013 Permit Issued/Case closed: 4/11/2013 Case Finaled: Addition within FWH 1.775757-or a garage&satelite bedroom No findings, conditions, or permissions found. PRJ04-00178 FANNIN D Application Received: 6/28/2004 Permit Issued/Case closed: Case Finaled: No findings, conditions, or permissions found. SEP03-00217 FANNIN D Application Received: 8/25/2003 Permit Issued/Case closed: Case Finaled: now filed with SEP04-00156 No findings, conditions, or permissions found. SEP04-00156 FANNIN F Application Received: 6/25/2004 Permit Issued/Case closed: 8/4/2004 Case Finaled: 12/23/2005 residence on 980100315UMD717Fd on 980100205 was SEP03-217 a DENIED application, now filed here 1.) This system requires two sewer crossings of a public water supply.. Crossings must be done as per page 2of7 of the approved design and inspected by the designer as stated in design.. 2.) Compliance with the Road Xing permit(RAP04-154) is required. Contact Terry Duff for required inspections @ 360-385-9160 3.) This permit is granted based on the Department of Ecology water right permit that allowed increased conections to the existing water supply. Permitted No. G2-29605 4.) 30 ft. setback of drainfield from road side ditch to be maintained. 5.) This permit is granted based on the recorded RESTRICTIVE COVENANT combining lots to meet the minimum land area required under WAC 246-272 Onsite Sewage Code. COVENANT recorded under AFN 487500 6.) AS PER WAC 246-272 AND JEFFERSON COUNTY CODE 8.15 ALL SYSTEMS REQUIRE MONITORING. THIS MONITORING IS PROVIDED BY AGREEMENT BETWEEN THE JEFFERSON COUNTY ENVIRONMENTAL HEALTH DIVISION AND THE JEFFERSON COUNTY PUBLIC UTILITY DISTRICT#1. THIS SEWAGE DISPOSAL SYSTEM WILL REQUIRE AN ACTIVE MONITORING CONTRACT WITH THE PUD#1 PRIOR TO FINAL APPROVAL OF THE SEWAGE DISPOSAL SYSTEM. While the County strongly recommends that the property owner allow inspectors to enter their property to inspect the system in order to insure that the system is functioning correctly, the property owner always has the right under the Fourth Amendment and our State Constitution, to refuse the inspectors access to their property. The property owner never loses the right to refuse access and can do so despite never having refused access before. 7.) As per Jefferson County Code 8.15 all onsite sewage systems require monitoring. Monitoring shall be provided by an approved entity. THIS SYSTEM IS REQUIRED TO BE INSPECTED EVERY YEAR. 8.) Health Dept. required to observe pressure test when system fully installed/complete, 48 hours notice to be provided for scheduling. \\tidemark\data\forms\R_MLT_Parcel_Cond.rpt 8/6/2015 Page 9 of 10 . Cases. e Review Status Planner Type 9.) An asbuilt drawing and certification o completion by the designer is required prio final approval. 10.) Contact designer prior to installation for staking of drainfield area. 11.) Approval/issuance of a sewage disposal permit does not guarantee the approval of other development or a building permit on this site. Compliance with other Jefferson County and Washington State Codes is required. 12.) Divert all sources of drainage, including roof drains away from septic tank and drainfield area. 13.) Any portion of transport line under a driven way is to be sleeved/cased or equivalent. 14.) Approval of this sewage disposal permit does not preclude the permit holder from complying with the Unified Development Code for other/future development on the site. 15.) This system as designed and approved is sized for only one single family residence. It is not sized for an Accessory Dwelling Unit(ADU).The minimum daily design flow per residence is 240 GPD. 16.) The project shall adhere to the Best Management Practices (BMPs)to control stormwater, erosion and sediment during construction. BMPs shall address permanent measures to stabilize soil exposed during construction, and in the design and operation of stormwater and drainage control systems. SOM04-00156 FANNIN RCR Application Received: 12/23/2005 Permit Issued/Case closed: 7/23/2015 Case Finaled: No findings, conditions, or permissions found. II \\tidemark\data\forms\R_MLT_Parcel_Cond.rpt 8/6/2015 Page 10 of 10