HomeMy WebLinkAboutBLD2020-00607-09A - Geohazard Notice to TitlePage 1 of 4
AFTER RECORDING, RETURN TO:
Department of Community Development
621 Sheridan Avenue
Port Townsend, WA 98368
NOTICE TO TITLE
FOR GEOLOGICALLY HAZARDOUS AREA DEVELOPMENT REQUIRING A
GEOTECHNICAL REPORT
FILED FOR THE RECORD AT THE REQUEST OF JEFFERSON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
Per Jefferson County Code 18.22.550
Grantor: Dan and Tami Caldwell
Grantee: Jefferson County Department of Community Development, a
political subdivision and governmental entity within Washington
State
THIS AGREEMENT is entered into on this 9th day of March 9, 2021, by
Grantor(s) Dan and Tami Caldwell whose mailing address is 486 SE Gabbert RD,
Gresham, OR 97088-5508. (“Grantor(s)”).
Legal description: Grantor(s) hold legal title to the following described real
property located at: BASALT BEACH BLK 1 LOT 13 & TL TAX ZZ (2.11C
Assessor’s Property Tax parcel no. 931500112
Grantor(s) applied for and, upon execution of this Notice to Title
(“Agreement”), shall receive a building permit (“Permit”), per the Jefferson
County Code including, but not limited to, JCC Title 18, to allow for a pole
building garage and a remodel/addition of existing single-family residence
(“Proposal”) on the property described above (“Property”) that contains a Critical
Area, specifically a mapped Geologically Hazardous Area, as defined by Chapter
18.22 Jefferson County Code.
THIS DOCUMENT IS NOT A PERMIT OF ANY TYPE
Page 2 of 4
In accordance with and in consideration of allowing the construction
of the Proposal described above within a Geologically Hazardous Area,
Grantor(s) acknowledge and agree as follows:
1. Grantor(s) desire to obtain the Permit for the Proposal on the Property.
The Property is situated in a Geologically Hazardous Area. Grantor(s)
agree that they are fully aware of the risks inherent in development
within a Geologically Hazardous Area.
2. Grantor(s) have obtained a geotechnical report for the Proposal and
Property. The geotechnical report for the Proposal analyzes the risk of
the proposed development on the Property. The geotechnical report
has identified the following specific types of risk for the proposed
development on or near the Property:
Geotechnical sliding or slumping, seismically induced sliding,
and requires proper stormwater management to prevent slope
failure.
3. Grantor(s) agree to comply with the geotechnical report, including all
recommendations and assumptions.
4. Grantor(s), as their own free and voluntary act, accept and assume all
risks of loss or damage arising out of the conditions described herein.
5. Grantor(s) agree that approval of the Proposal and issuance of permits
does not create any liability on the Grantee, its agencies, divisions,
officers, agents, and employees as a result of or allegedly as the result
of this approval of the development and the engineering design of the
Grantor(s)’ proposed development.
6. Grantor(s) agree that their representation herein and agreements shall
be binding upon the Grantor(s) as well as their heirs, and successors
and assigns. The Grantor(s) further agree that this Agreement may be
Page 3 of 4
enforced by Grantee in law or equity against the Grantor(s), or their
heirs, successors and assigns.
7. Grantee shall record upon the land records maintained and generated
by the Auditor of Jefferson County, Washington this Notice to Title.
8. This Agreement shall not be revoked or amended without the consent
and written approval of the Grantee, Jefferson County Department of
Community Development.
9. For the purposes of this Agreement, any phrase or sentence that is
conjugated in the singular shall also include the plural and any phrase
or sentence that is conjugated in the plural shall also include the
singular.
Page 4 of 4
THIS AGREEMENT is in effect as of the day and year first written above.
GRANTORS
[property owner] [property owner]
STATE OF WASHINGTON )
)ss.
COUNTY OF _______________)
I certify that I know of or have satisfactory evidence that [property
owner(s)] signed this Notice to Title and acknowledged it to be their free and
voluntary act for the uses and purposes mentioned therein.
DATED this day of , 20 .
____________________________________
Print name: _______________________NOTARY PUBLIC in and for the State
of Washington, County of _______________________________, residing at
______________________________. My commission expires: _____________.
Approved by the Jefferson County Planning Manager
Date:___________________________________
By: ____________________________________
Patty Charnas, DCD Director