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HomeMy WebLinkAbout041618_ca01JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Jeff Chapman, Jefferson County Assessor Mark McCauley, Central ServDirector ���L/li/lB( DATE: April 16, 2018 RE: Request for Board of County Commissioners approval of a Boundary Line Agreement Between Jefferson County and Lassen Properties, LLC STATEMENT OF ISSUE: Lassen Properties, LLC, hereinafter referred to as Lassen, has petitioned the county for a boundary line agreement to more accurately describe the boundary between parcels owned by the county and Lassen. ANALYSIS: Jefferson County owns parcel 002344009 which is located immediately east of Gardiner Beach Road between Old Gardener Road and Highway 101. The parcel Tax Deed (REET 72960) does not describe the parcel directly with its own metes and bounds but by describing what is to each side. This places a premium on the accuracy of those descriptions. On the east is described parcel 002344006, recently purchased by Curtis and Dara Slater after the seller had Clark Land Office perform a survey in 2016 (Don Nivens Vol 37 Page 241). This parcel as well as others to the east use the east quarter comer as a starting point and go west on the center section line 1848 feet. There is no issue here. On the west side of county parcel 002344009 is Lassen parcel 002344007, which is where the issue is. This parcel is referenced in the County deed under the old description which Lassen used prior to the boundary line adjustment (BLA) with United Telephone (4/28/2001 REET 114318 "Parcel C Description before Boundary Line Adjustment"). The United Telephone BLA document re -describes the parcel as "Parcel C Description after Boundary Line Adjustment". However, this revised description for Parcel C by Clark has yet to be used in a deed transaction by Lassen for 002344007. When this happens, there will be confusion as to 002344009's (County parcel) west line since the description has changed. The new description by Clark is definitely more precise than the old one for the line in question. Under the old one, the east quarter corner is used as a starting point and then goes west on the center section line 2640 feet to a point which "should be" on the North and South centerline, then going back 345 feet. That puts the boundary between Lassen and County at about 2295 feet from the east quarter corner. Note that "should be" is not "must be". Surveys later establish the North South centerline at 2790 feet from the east quarter corner. The revised description goes west from the east quarter comer 2790 feet to the North and South centerline, and then goes back 495 feet, which puts the boundary 2295 feet from the east quarter corner, basically in the same place. Confusion could result if one were to use the actual centerline at 2790 and then go back 345 feet. This would put the county parcel 150 feet into the Lassen parcel The revised description for the Lassen parcel (Parcel C) as established in the BLA is more accurate and includes the correction on the west side of that parcel for the United Telephone parcel. It is likely what will describe parcel 002344007 going forward. It correctly identifies the location of the North South centerline. The revised description of the county's parcel 002344009 matches the new Lassen parcel description, which should eliminate the potential for confusion. FISCAL IMPACT: This is a no cost transaction — it has no fiscal impact. RECOMMENDATION: Approve the attached Boundary Line Agreement between Jefferson County and Lassen Properties, LLC. ED BY`���G,—� Zip Morle o my Administrator Date AFTER RECORDING MAIL TO: Name: LASSEN PROPERTIES, LLC Address: 275953 HIGHWAY 101 City/State: SEQUIM. WA 98382 Boundary Line Agreement Grantor(s): 1. Jefferson County 2. Lassen Properties, LLC Grantee(s): 1. Jefferson County 2. Lassen Properties, LLC Legal Description: Parcels involved in the agreement are currently legally described as follows: Parcel A: Tax Parcel# 002 344 009 That portion of the Northwest quarter of the Southeast quarter lying North of State Road No. 9 and South of County Road (formerly State Highway) and Easterly of the East line of the following described Tract A, and Westerly of the West line of the following described Tract B: TRACT (A) That portion of the Northwest quarter of the Southeast quarter of Section 34, Township 30 North, Range 2 West, W.M., described as follows, to -wit: Beginning at the southeast corner of the Northeast quarter of said Section 34; thence Westerly along the center line and following the Old State Highway 2640.0 feet to the TRUE PLACE OF BEGINNING, which point should be the intersection of the North and South center line of Section 34 and the Old Highway; thence South along the center line 300 feet to the Northerly boundary of the New State Highway; thence Easterly along said highway 355.0 feet, more or less, to a point; thence Northerly 325 feet to the Old State Highway; thence Westerly 345 feet to the place of beginning. TRACT (B) Beginning at the Southeast corner of the Northeast quarter of Section 34, Township 30 North, Range 2 West, W.M.; thence Westerly along the center line of the State Highway 1848.0 feet to a point; thence Southerly 30 feet to a point in the South right of way line of the Highway, which point is the TRUE POINT OF BEGINNING; thence South 500 feet more or less to the Northerly boundary line of the New State Highway; thence Westerly along North boundary of said Highway 212 feet, more or less, to a point, thence North 407 feet to a point in the South line of Old Highway, thence Easterly 200 feet to the place of beginning. IIIEXCEPTING THEREFROM any portion of County Road No. 104 (Gardiner Beach Road Loop) lying within the III Fee Parcel as described hereinabove. Parcel B: Tax Parcel# 002 344 007 Re -described Parcel C of the Boundary Line Adjustment between United Telephone Company and Lassen Properties LLC recorded 4/28/2010 under Auditors File No 551483 now described as: That portion of the Southeast quarter of Section 34, Township 30 North, Range 2 West, W.M., Jefferson County, Washington described as follows: Beginning at the East quarter corner of said Section 34; thence South 89° 30' 16' West along the North line of the Southeast quarter of said Section 34, a distance of 2,790.06 feet to the center of said Section 34; thence South 02° 24' 17" East along the West line of said Southeast quarter, a distance of 30.02 feet to a point on the South margin of Gardiner Road; thence North 89° 30' 16" East along said South margin, a distance of 50.03 feet to the TRUE POINT OF BEGINNING; thence continuing along said South margin North 89' 30' 16" East, a distance of 442.73 feet; thence South 02° 24' 17" East, a distance of 349.47 feet to a point on the North margin of Highway 101; thence North 76° 21' 51" West along said North margin, a distance of 460.41 feet; thence North 02° 24' 17" West, a distance of 237.00 feet to the true point of beginning. EXCEPT Right Of Way For Gardiner Beach Road, if any. Boundary line subject to agreement, described as follows (new legal descriptions): New Legal Description Parcel A: That portion of the Northwest quarter of the Southeast quarter lying North of State Road No. 9 and South of County Road (formerly State Highway) and Easterly of the East line of the following described Tract A, and Westerly of the West line of the following described Tract B: TRACT (A) Re -described Parcel C of the Boundary Line Adjustment between United Telephone Company and Lassen Properties LLC recorded 4/28/2010 under Auditors File No 551483 now described as: That portion of the Southeast quarter of Section 34, Township 30 North, Range 2 West, W.M., Jefferson County, Washington described as follows: Beginning at the East quarter corner of said Section 34; thence South 89° 30' 16' West along the North line of the Southeast quarter of said Section 34, a distance of 2,790.06 feet to the center of said Section 34; thence South 02° 24' 17" East along the West line of said Southeast quarter, a distance of 30.02 feet to a point on the South margin of Gardiner Road; thence North 89° 30' 16" East along said South margin, a distance of 50.03 feet to the TRUE POINT OF BEGINNING; thence continuing along said South margin North 89° 30' 16" East, a distance of 442.73 feet; thence South 02° 24' 17" East, a distance of 349.47 feet to a point on the North margin of Highway 101; thence North 76° 21' S1" West along said North margin, a distance of 460.41 feet; thence North 02° 24' 17" West, a distance of 237.00 feet to the true point of beginning. TRACT (B) Beginning at the Southeast corner of the Northeast quarter of Section 34, Township 30 North, Range 2 West, W.M.; thence Westerly along the center line of the State Highway 1848.0 feet to a point; thence Southerly 30 feet to a point in the South right of way line of the Highway, which point is the TRUE POINT OF BEGINNING; thence South 500 feet more or less to the Northerly boundary line of the New State Highway; thence Westerly along North boundary of said Highway 212 feet, more or less, to a point, thence North 407 feet to a point in the South line of Old Highway, thence Easterly 200 feet to the place of beginning. EXCEPTING THEREFROM any portion of County Road No. 104 (Gardiner Beach Road Loop) lying within the Fee Parcel as described hereinabove. New Legal Description Parcel B: Re -described Parcel C of the Boundary Line Adjustment between United Telephone Company and Lassen Properties LLC recorded 4/28/2010 under Auditors File No 551483 now described as: That portion of the Southeast quarter of Section 34, Township 30 North, Range 2 West, W.M., Jefferson County, Washington described as follows: Beginning at the East quarter corner of said Section 34; thence South 89° 30' 16' West along the North line of the Southeast quarter of said Section 34, a distance of 2,790.06 feet to the center of said Section 34; thence South 02° 24' 17" East along the West line of said Southeast quarter, a distance of 30.02 feet to a point on the South margin of Gardiner Road; thence North 89° 30' 16" East along said South margin, a distance of 50.03 feet to the TRUE POINT OF BEGINNING; thence continuing along said South margin North 89° 30' 16" East, a distance of 442.73 feet; thence South 02° 24' 17" East, a distance of 349.47 feet to a point on the North margin of Highway 101; thence North 76° 21' 51" West along said North margin, a distance of 460.41 feet; thence North 02° 24' 17" West, a distance of 237.00 feet to the true point of beginning. EXCEPT Right Of Way For Gardiner Beach Road, if any The nature of the agreement is described as follows: To eliminate the ambiguity in prior legal descriptions describing the dividing line between parcels A and B, the intent of this agreement is to establish the Easterly boundary of Parcel C as shown on Survey recorded under Auditor's File No. 551552 and described in Boundary Line Adjustment recorded under Auditor's File No. 551483 as the common boundary between these parcels. STATEMENT OF INTENT: This recording is for the purpose of assisting with a boundary line agreement pursuant to RCW 58.04.007. It is agreed that the boundary lines described in this document are the true boundary lines between the respective properties, and shall hereafter be recognized as the correct legal description of the boundary lines between the properties. Lassen Properties, LLC By Marc assen, Manager Date STATE OF WASHINGTON COUNTY OF JEFFERSON On 1-,!-\ , 2018, personally appeared Marc Lassen and proved to me on the basis of satisfactory evidence to the person whose name is subscribed to this instrument, and acknowledged that she executed it. WITNESS my hand and official seal this 7 ` day of XtoW d , 2018. X001 j4oq t�/ Notary Public in and r the State o Washington, - a`oT 0 i Residing at �����`�,�•+., �Pr�g3�g s 4 A i i A Ir 0A1 �gq►aH��`` C, WA SHIN �a STATEMENT OF INTENT: This recording is for the purpose of assisting with a boundary line agreement pursuant to RCW 58.04.007. It is agreed that the boundary lines described in this document are the true boundary lines between the respective properties, and shall hereafter be recognized as the correct legal description of the boundary lines between the properties. JEFFERSON COUNTY WASHINGTON Board of County Commissioners Jefferson County, Washington Lo Lo David Sullivan, Chair Date Kathleen Kier, Commissioner Date Kate Dean, Commissioner Date STATE OF WASHINGTON COUNTY OF JEFFERSON On , 2018, personally appeared David Sullivan, Kathleen Kler and Kate Dean and proved to me on the basis of satisfactory evidence to the person whose name is subscribed to this instrument, and acknowledged that she executed it. WITNESS my hand and official seal this day of _ .2018. Notary Public in and for the State of Washington, Residing at Department of 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, indicate % sold. List sercentame of ownership acquired next to each same. 0 Street address of property: 80 GARDINER BEACH RD SEQUIM WA 98382 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 SOI for Boundary Line Agreement Select Land Use Code(s): �I I - Household, single family units enter any additional codes: 91 (See back of last page for instructions) YES NO Was the seller receiving a property tax exemption or deferral under ❑ ❑ chapters 84.36, 84.37, or 84.38 RCW (nonprofit organization, senior ciimi, or disabled person, homeowner with limited income)? YES NO Is this property designated as forest land per chapter 84.33 RCW? ❑ ❑r Is this property classified as current use (open space, farm and ❑ ❑✓ agricultural, or timber) land per chapter 84.34 RCW? Is this property receiving special valuation as historical property ❑ Q per chapter 84.26 RCW? If any answers are yes, complete as instructed below. (1) NOTICE OF CONTINUANCE (FOREW LAND OR CURRENT USE) NEW OWNER(S): To continue the current designation as forest land or classification as current use (open space, farm and agriculture, or timber) land, 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 land no longer qualifies or you do not wish to continue the designation or 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 84.33.140 or RCW 84.34.108). Prior to signing (3) below, you may contact your local county assessor for more information. This land ❑ does []does not qualify for continuance. DEPUTY ASSESSOR DATE (2) NOTICE OF COMPLIANCE (HISTORIC PROPERTY) NEW OWNER(S): To continue special valuation as historic property, sign (3) below. If the new owner(s) does not wish to continue, all additional tax calculated pursuant to chapter 84.26 RCW, shall be due and payable by the seller or transferor at the time of sale. (3) OWNER(S) SIGNATURE PRINT NAME List all personal property (tangible and intangible) included in selling price. If claiming an exemption, list WAC number and reason for exemption: WAC No. (Section/Subsection) 458 -61A -109(2b) Reason for exemption - Boundary Line Agreement Type of Document Boundary Line Agreement Date of Document Gross Selling Price $ Nam JEFFERSON COUNTY *Personal Property (deduct) $ Name LA SEN PROPERTIES LLC aMailing Taxable Selling Price $ 0.00 Excise Tax : State $ Address PO BOX 1220 City/Staterzip PORT TOWNSEND._ WA 98368-0920 Phone No. (including area code) (360) 379-9100 0.0050 Local $ Mailing Address 275953 City/State/zip SEQUIM. WA 98382-8758 Phone No. (including area code) - Send all property tax correspondence to: Q Same as Buyer/Grantee Name List all real and personal property tax parcel account numbers -check box if personal property 002344009 f'1 List assessed value(s) $53.680.00 Mailing Address City/State/zip Phone No. (including area code) nQ2344n07 rl $150.515.00 r1 5.00 r1 Total Due $ 10.00 0 Street address of property: 80 GARDINER BEACH RD SEQUIM WA 98382 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 SOI for Boundary Line Agreement Select Land Use Code(s): �I I - Household, single family units enter any additional codes: 91 (See back of last page for instructions) YES NO Was the seller receiving a property tax exemption or deferral under ❑ ❑ chapters 84.36, 84.37, or 84.38 RCW (nonprofit organization, senior ciimi, or disabled person, homeowner with limited income)? YES NO Is this property designated as forest land per chapter 84.33 RCW? ❑ ❑r Is this property classified as current use (open space, farm and ❑ ❑✓ agricultural, or timber) land per chapter 84.34 RCW? Is this property receiving special valuation as historical property ❑ Q per chapter 84.26 RCW? If any answers are yes, complete as instructed below. (1) NOTICE OF CONTINUANCE (FOREW LAND OR CURRENT USE) NEW OWNER(S): To continue the current designation as forest land or classification as current use (open space, farm and agriculture, or timber) land, 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 land no longer qualifies or you do not wish to continue the designation or 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 84.33.140 or RCW 84.34.108). Prior to signing (3) below, you may contact your local county assessor for more information. This land ❑ does []does not qualify for continuance. DEPUTY ASSESSOR DATE (2) NOTICE OF COMPLIANCE (HISTORIC PROPERTY) NEW OWNER(S): To continue special valuation as historic property, sign (3) below. If the new owner(s) does not wish to continue, all additional tax calculated pursuant to chapter 84.26 RCW, shall be due and payable by the seller or transferor at the time of sale. (3) OWNER(S) SIGNATURE PRINT NAME List all personal property (tangible and intangible) included in selling price. If claiming an exemption, list WAC number and reason for exemption: WAC No. (Section/Subsection) 458 -61A -109(2b) Reason for exemption - Boundary Line Agreement Type of Document Boundary Line Agreement Date of Document Gross Selling Price $ *Personal Property (deduct) $ Exemption Claimed (deduct) $ Taxable Selling Price $ 0.00 Excise Tax : State $ 0.00 0.0050 Local $ 0.00 *Delinquent Interest: State $ Local $ *Delinquent Penalty $ Subtotal $ 0.00 *State Technology Fee $ 5.00 *Affidavit Processing Fee $ Total Due $ 10.00 A MINIMUM OF $10.00 IS DUE IN FEE(S) AND/OR TAX *SEE INSTRUCTIONS ® I CERTIFY UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND Si Signature of / - Signature of Si Bn Grantor or Grantor's Agent Grantee or Grantee's Agent Name(print) f7 (p ) Name (print) K--C� Date & city of signing: Date & city of signing: -S ' 12' 12 --4-�, f' J 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.20.020 (1 Q. REV 84 0001a (09/06/17) THIS SPACE - TREASURER'S USE ONLY COUNTY TREASURER