HomeMy WebLinkAbout092721ca04Consent Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of Commissioners
Mark McCauley, Interim County Administrator
FROM: Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney
Mara Dotson, Public Works
DATE: September 27, 2021
RE: Quit Claim Deed to Remove Cloud on Title
STATEMENT OF ISSUE:
Should the Board of County Commissioners approve and sign a quit claim deed that
extinguishes the County's interest in a private road from a purported gift to the County that
was never accepted?
ANALYSIS:
On January 27, 1977 Clarence Lammers executed a document entitled "Quit Claim Deed for
Public Access," in which he sought to convey easements to Jefferson County "for public
access" over several strips of land, 30 to 60 feet in width. None of the grants of public access
in the deed sought to transfer fee title or any ownership interest in the strips other than "for
public access." The deed was recorded on January 28, 1977, but the County never accepted
the deed. So, the proposed gift is null and void.
The quit claim deed that was recorded on January 38, 1977 is a cloud on the title to property
owned by successors in interest to Mr. Lammers. A quiet title action could be filed to remove
the title. However, to avoid litigation since there is no disagreement on the facts, the
Department of Public Works and the Prosecuting Attorney's Office propose to extinguish any
interest the County may hold from the quit claim deed recorded on January 28, 1977, by filing
a new quit claim deed (attached).
FISCAL IMPACT:
None.
RECOMMENDATION:
The Board of County Commissioners should authorize the Chair to sign the quit claim deed.
Consent Agenda
DEPARTMENT CONTACT:
Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney at Extension 219
REVIEWED BY:
Mark McCauleyU Date
Interim County Administrator
Document Title(s) (or transactions therein).
Grantor(s) (last, first, middle initial):
Grantee(s) (last, first, middle initial):
Legal Description (abbreviated):
Full Legal Description on Page(s):
Assessor's Tax Parcel Number(s);
477A "MOR, M,
Jefferson County, Washington
Kelley, Randal C
Kelley, Penelope
North 30 feet of the N. Y2 of the NWI/4 of the
SE '/4ofthe SEI/4 of See. 29, Twnship 30 N, Range I W,
W.M., Jefferson County, Washington
portion of 00 1294 010
QUIT CLAIM DEED
AND
CONFIRMATION OF PRIVATF-MG441
This Deed is executed by JEFFERSON COUNTY, a municipal corporation of the State
of Washington (hereinafter "the County"), for the purpose of clearing title to, and clarifying the
status of,. a certain private roadway in Jefferson County, Washington.
A. In January, 1977, Clarence R. Lammers, a single man, (hereinafter "Lammers")
vwned Teal property in Jefferson County, legally described as:
The North half of the Northwest Quarter of the Southeast Quarter of the
Southeast Quarter of Section 29, Township 30 North, Range 1 West,
Willamette Meridian, Jefferson County, Washington.
(Now designated as Tax Parcel No. 001294010)
B. On January 27, 1977, Lammers executed a document entitled "Quit Claim Deed
for Public Access", a copy of which is attached hereto as Exhibit "A" (hereinafter "the Deed").
The Deed was recorded on January 28, 1977, under Jefferson County Auditor's File No. 239801.
In the Deed, Lammers sought to convey easements to Jefferson County "for public access" over
several strips of land, 30 to 60 feet in width, which abutted the property described in Recital A
above. None of the grants of Public Access in the Deed sought to transfer fee title or any
ownership interest in the strips other than "for public access".
C. Among the strips of land in which Lammers sought to convey a right of public
access to the County was a strip of land which constituted the northern 30 feet of the Property
described in Recital A above. The legal description of that 30-foot strip in the Quit Claim Deed
was as follows:
The North 30 feet of the Southeast Quarter of the Southeast Quarter of
Section 29, in Township 30 North, Range 1 West, Willamette Meridian, in
said County
D. The County never accepted the Deed, so the proposed gift to the County is,
therefore, null and void and of no force or effect for any purpose, including as a public right of
way.
E. The real property described in Recital "C" above runs along the northern 30 feet
of real property described in Recital "A" above has been designated as a Private Road on the
Jefferson County Assessor's Parcel Map and is known as Private Road No. P54 or "Engel
Road."
F. The real property described in Recital "A" above was purchased on August 6,
1986, by Randall C. Kelley and Penelope A. Kelley, husband and wife.
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The County hereby agrees that the Deed is null and void and of no further force or effect,
including as a public right of way. The County, for the purpose of and for the consideration of
clearing title, hereby conveys and quitclaims to Randall C. Kelley and Penelope A. Kelley,
husband and wife, any and all interests which the County may have in the real property described
in Recital "A" above, including but not limited to any and all interests which the County may
have in the real property described in Recital "C" above.
(SIGNATURE FOLLOWS ON THE NEXT PAGE)
2
IN WITNESS WHEREOF, the undersigned has executed this instrument as of the day
and year first above written.
JEFFERSON COUNTY WASHINGTON
Board of County Commissioners
Jefferson County, Washington
Kate Dean, Chair
STATE OF WASHINGTON }
} ss
County of Jefferson }
On this day of , 2021, before me, a Notary Public in and for
said State, personally appeared Kate Dean, known to me to be the person whose name is
subscribed to the within instrument and acknowledged that Ae executed the same for the
purposes therein contained.
Notary Public for Washington
Residing at
Commission Expires
Approved as to form only:
Philip C. Hunsucker
Chief Civil Deputy Prosecuting Attorney
1, S n S. Harris, Esq.
l arris & Wakayama, P.L.L.C.
601 Union Street, Suite 2600
Seattle, Washington 98101
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JEFFEASUn CdUr{rr rXtrSE r
Alt. rfo.
2-19801
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CLAIM Dfi D PnR PUBLIC AMPSISz fitfdal9SiR
claims and convoys unto the County of J t:F ferson of the state of
Washington for public access the followinct dwerfted real
property situate in Jefferson County, Wanhinqton
Township
of the Southeast Ouarter of section 29 Lin Township 10 North,
Ranqe I West Willamette Meridian, in said county, and Worth 3;
feet of Soutfiw�gi Quarter of Southwest Guarter of Section 20 of
said
9RCOHb PARCEL: A strip of land 60 feet In width, the
middle line of vhich to the went boundary line of the east half
of the Southeast Quarter of! the SoutheAet fmzkrtwr of said
Section 29, said strip beina 1329.53 feet In length.
TTITRO PARCEL, Beciftning at the middle point of the South
boundary line of the Southeast Quarter of the Southeast Ouarter
of said Section 29, thence mouth I dearee 34 ivainutes 29 seconds
Went 660 feet Into Section 32 or said Township 30, thence West
664.06 feet, thence Worth SQ feet, theses Rest alonq a line
parallel to said 0: of
thence North I delree 34 minutes 29 seconds Xact a distance of
480 feet, thence Easterly dit tly to the point of beginning.
�.. Clarence R. Lammers Date
personallySTATE OF WASHr4rMW
wa 41otary au lic in and for the State of Washington, duly
is imed anti avorn ' 1 I l-
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I to me known to be the individual de8cribed in And WhO SSACUtOd
-M
the for eqoing instrument, and acknowledered to me that he o free and volun ry act and dead for Uts
wed the Bass as his to
purposes therein mentioned.
,
'MITNESS my hand and official seal of Affixed the day
4 TgndO.ar in this certificate above written.
�OrMEV7 U e '
Washington, residinq at Port Towwwao.
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vaL 81 -�,477
32 qutT cLAzm neEn FaR PUBLIC! MMOS
Page Two CAL.KAP MOCUNC
ATrOWMV &,r LAW
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am- 28, 1977
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