HomeMy WebLinkAboutQuit Claim Deed and Confirmation of Private Road •
Malcolm S. Harris, Esq.
Harris & Wakayama, P.L.L.C.
601 Union Street, Suite 2600
Seattle, Washington 98101
Document Title(s)(or transactions therein): Quit Claim Deed and Confirmation of Private Road
Grantor(s)(last,first,middle initial): Jefferson County,Washington
Grantee(s)(last,first,middle initial): Kelley,Randal C
Kelley,Penelope
Legal Description(abbreviated): North 30 feet of the N. '/2 of the NW1/4 of the
SE 1/4 of the SE 1/4 of Sec.29,Twnship 30 N,Range 1W,
W.M.,Jefferson County,Washington
Full Legal Description on Page(s): 2
Assessor's Tax Parcel Number(s): portion of 001 294 010
QUIT CLAIM DEED
AND
CONFIRMATION OF PRIVATE ROAD
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.
RECITALS
A. In January, 1977, Clarence R. Lammers, a single man, (hereinafter"Lammers")
owned real property in Jefferson County, legally described as:
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.
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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.
GRANTING CLAUSE
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)
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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 77111—
day ofOiber , 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 s/he executed the same for the
purposes therewbritwd.
0 Gq liLe, life71,1 ed6
• - y= Notary Public for Washington'
i ' &et.%� =o= Residing at
\?,.\��`_ Commission Expires
`1111 WAS' Ste'
Approved as to form only:
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Philip C. Hunsucker
Chief Civil Deputy Prosecuting Attorney
M olm S. Harris, Esq.
arris & Wakayama, P.L.L.C.
601 Union Street, Suite 2600
Seattle, Washington 98101
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JEFFERSON COUNTY EXCISE T
AN. 7
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1 QUIT CLAIM DEED FOR PUBLIC ACCESS TREASW�R
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3 CLARENCE R. LAMME?S, a single man, herebv-grants, quit
• 4 claims and conveys unto the County of 7cfferson of the State of
5 Washington for public access the following deLscritied real
6 property situate in Jefferson County, Washington
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8 FIRST PARCEL- The North 3n feet of the Southeast Quarter
9 of the Southeast Quarter of Section 29 in Township 30 North,
1A ) Range 1 West, Willamette Meridian, in said County, and North 30
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feet of Southwest Quarter of Southwest Quarter of. Section 28 of
11 said Township 30, lying West of State Hiahwav 20.
12 SECOND PARCEL: A strip of land 60 feet in width, the
13 middle line of which is the west boundary line of the east half �s
14 of the Southeast Quarter of the Southeast Quarter of said
15 Section 29, said strip being 1328.53 feet in length.
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17 THIRD PARCEL: Beginning at the middle point of the South
18 boundary line of the Southeast Quarter of the Southeast Quarter
19 of said Section 29, thence south 1 decree 34 minutes 29 seconds
20 West 660 feet into Section 32 of said Township 30, thence West
21 664.08 feet, thence North 60 feet, thence East along a line
22 1 parallel to said 664.08 foot line a distance of 634.08 feet,
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23 i thence North 1 degree 34 minutes 29 seconds East a distance of
� � I
241 680 feet, thence Easterly directly to the point of beginning.
25 /f per/
Clarence R. Lammers Date
2$ STATE OF aWASH/ROTOR
d` i ock-tie I•!�otX"eaf Jefferson ) as.
7��
�o Arc.. .tfii' O 4 s p,7"R+av of January, 1977, before me, the under-
edJ ta.Notary nubile in and for the State of Washington, duly
$ sissibped and sworn personally appeared CLARENCE R. LAMMERS,
• (.. CA4.MANI A.MGCUNi
°'4 wroNr& A*LAW
roe rR**.NT LA
00670WIIWW.ONNNIWON WOO
p To\Nt0NN INS-tut
Jan. 29 19?)1
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1 to me known to be the individual described in and who executed
the foregoing instrument, and acknowledged to me that he
.• Snivel the same as his free and voluntary act and deed for the
A.:v.6'54 and purposes therein mentioned. •
• 3 CT!.??1;\
- IkITNESS my hand and official seal hereto affixed the day
4 -Vandar in this certificate above written.
•
"*.co •N'
.... - ary'Plg-ribilil a an toc the State of
7 Washington, residing at Port Townsend. •
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32 QUIT CLAIM DEED POE PUBLIC ACCESS
Page Two CALACOUR A.MCCUN
ATTORNAY AT LAW
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tJane 287 19771.-
Consent 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.
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Consent Agenda
DEPARTMENT CONTACT:
Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney at Extension 219
REVIEWED BY:
,/4i/K./( 6.:>‘ i Z
Mark McCauley Date
Interim County Administrator
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