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JEFFERSON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
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621 Sheridan Street
Port Townsend, WA 98368
AI Scalf, Director
January 21, 2004
Jeffrey B. Taraday
Foster Pepper & Shefelman PLLC
1111 Third Avenue
Suite 3400
Seattle W A 98101-3299
LOG ITEM
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Re: Subdivision Alteration of Ludlow Bay Village, Port Ludlow
Dear Mr. Taraday:
On January 14, 2004 I met with legal counsel and reviewed the Ludlow Bay Village restrictive
covenants and RCW 58.17.215, entitled "Alteration of subdivision." RCW 58.17.215 requires
signatures of the majority ofthose persons having an ownership interest in the lots proposed to
be altered. If the subdivision is subject to restrictive covenants, and the alteration would result in
a violation of said covenants, the application shall contain an agreement signed by all parties
subj ect to the covenants.
After consultation with legal counsel and review of the applicable covenants, the county cannot
conclude that any restrictive covenants have been violated, therefore Port Ludlow Associates
(PLA) does not need the signatures of all parties subject to the covenants.
CC: David Alvarez, Prosecutor's Office
Greg McCarry, PLA
Mark Dorsey, PLA
Building Permits/ Inspections
(360) 379-4450
Development Review Division
Long Range Planning
FAX: (360) 379-4451
JChapter 58.17.215 RCW - The Washington State Legislature
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RGVYTITI,,[;:$>> 1111,,[;:;56 >>GHAP1[;:R;56.t7>> SECTION 58.17.215
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58.17 ,~1 ~ << 58.17.215 >> ;56JL2JI
RCW 58.17.215
Alteration of subdivision -- Procedure.
When any person is interested in the alteration of any subdivision or the altering of any
portion thereof, except as provided in RCW 58.17.040(6), that person shall submit an
application to request the alteration to the legislative authority of the city, town, or county
where the subdivision is located. The application shall contain the sigt!atures ofthe maiority -
of those persons having an ownership Interest of l~, tracts, parcels, sites, or divisions in the
subject subdivision or portion to be altered. Ifthe subdivision is subiect to restrictive
covenants which were filed at the time oftheapproval of the subdivision,~ the
application for alteration would result in the violation of a covenant, the application shall
contain an agreement si ed b all arties subject to the covenants providing that the parties
agree to ermmate or alter t e relevant covenants to accomp 1S e purpose of the alteration
of the subdivision or portion thereof.
Upon receipt of an application for alteration, the legislative body shall provide notice of
the application to all owners of property within the subdivision, and as provided for in RCW
58,17,080 and 58,17,090. The notice shall either establish a date for a public hearing or
provide that a hearing may be requested by a person receiving notice within fourteen days of
receipt of the notice.
The legislative body shall determine the public use and interest in the proposed alteration
and may deny or approve the application for alteration. If any land within the alteration is
part of an assessment district, any outstanding assessments shall be equitably divided and
levied against the remaining lots, parcels, or tracts, or be levied equitably on the lots
resulting from the alteration. If any land within the alteration contains a dedication to the
general use of persons residing within the subdivision, such land may be altered and divided
equitably between the adjacent properties.
After approval of the alteration, the legislative body shall order the applicant to produce a
revised drawing of the approved alteration of the final plat or short plat, which after
signature of the legislative authority, shall be filed with the county auditor to become the
lawful plat of the property.
This section shall not be construed as applying to the alteration or replatting of any plat
of state-granted tide or shore lands.
[1987 c 354 ~ 4.]
http://www .1eg.wa.gov/RCW /index.cfm ?fuseaction=section§ion=5 8.17.215
1/2012004