HomeMy WebLinkAbout5.625 Original Contract
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After Recording, Please Mail To:
CRAIG L. MILLER
Johnson Miller Shefler
230 East Fifth Street
Port Angeles, W A 98362
2002 1092985
Clallam
County
-------------------------------------------------------------------------------------------------------------
BOUNDARY LINE AGREEMENT
1. PARTIES. The parties to this agreement are:
1.1 DAVID L. MORRIS, ("MoRRIS") A SINGLE MAN, who is the owner
of the following-described real property:
LOTS 49 AND 50 IN BLOCK 25 OF GRANT'S ADDITION TO PORT ANGELES, AS
RECORDED IN VOLUME 1 OF PLATS, PAGE 32, REcORDS OF CLALLAM
COUNTY, WASHINGTON,
EXCEPT THE NORTH 25 FEET OF SAID LOT 50
TOGETHER WITH THE WEST HALF OF THE V ACA TED UNNAMED ALLEY
ADJOINING ON THE EAST.
SITUATE IN THE COUNTY OF CLALLAM, STATE OF WASHINGTON.
1.2. BRET L. AND DI ANE R. CURTIS, HUSBAND AND WIFE, ("CURTIS")
who are the owners of the following-described real property:
THE NORTH HALF OF LOT 50, AND LOT 51 IN BLOCK 25 OF GRANT'S
ADDITION TO PORT ANGELES, AS RECORDED IN VOLUME 1 OF PLATS, PAGE
32, RECORDS OF CLALLAM COUNTY, WASHINGTON,
TOGETHER WITH THE WEST HALF OF THE V ACA TED UNNAMED ALLEY
ADJOINING ON THE EAST.
SITUATE IN THE COUNTY OF CLALLAM, STATE OF WASHINGTON
BOUNDARY LINE AGREEMENT - 1
word\secre2\clm-general\morns-curtis agm
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2. SURVEY. Filed simultaneously with this Agreement is a Survey of the
common boundaries of the parties' properties as identified in Paragraph 1. This survey is
recorded under the authority of RCW 58.04.007, for the purposes of resolving a dispute
over the parties' mutual boundary. The survey is recorded under Auditor's File No.
J./j)). IOCf d. ,t<J , at VoL So , Page II of Surveys, records of Clallam County,
and is incorporated into this Agreement by this reference.
3. QUIT CLAIM. Each of the parties to this Agreement agrees that the
boundary line between their properties is the line shown by the Survey referenced in
Paragraph 2. MORRIS hereby quit claims and conveys to CURTIS any and all right title
and interest that MORRIS may have in the property located North of the line designated on
the Survey. CURTIS hereby quit claims and conveys to MORRIS any and all right title and
interest that CURTIS may have in the property located South of the line designated on the
Survey.
4. AMENDMENT OF LEGAL DESCRIPTIONS. To the extent necessary, each of
the parties agrees that the legal descriptions of their respective properties shall be as
described in Paragraph 3.
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5. SUBDIVISION EXEMPTION. Each of the parties acknowle4-ges and
understands that the recording of this Agreement and the Survey is an actio~~hich is
exempt from the requirements of the state and local subdivision laws, in accord~ce with
the terms of a letter from the City of Port Angeles, a true and correct copy of which is
attached hereto and incorporated herein by this reference. Each of the parties further
acknowledges and agrees that the recording of this Agreement and dhe Survey
incorporated into this Agreement is for the purpose of accomplishing boundary line
adjustments within the purpose of RCW 58.04.007, and that no additional lots, tracts, 'I)
parcels or divisions are created by the recording of this Agreement and the Survey.
6. EASEMENTS. This Agreement and the Survey shall not, affect any existing
easements of the propeliies described in Paragraph 1, c.bove, a1Id ine Survey described in
Paragraph 2, above, except as specifically described in the Survey.
7. ENTIRE AGREEMENT. This Agreement ,constitutes the entire agreement
between the parties, and is a fully integrated expression ~f their intent. There are no other
agreements between the parties, either express or implied, oral or written. No amendment
to this Agreement shall be effective unless executed in writing, by the owners of each of
the properties involved in any amend~nt.
8. ATTORNEY'S FEES. If any ofthe parties to this Agreement are required to
commence litigation agaiflst any of the other parties to this Agreement to enforce its
BOUNDARY LINE AGREEMENT - 2
word\secre2\clm-general\morns-curtls agm
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terms, the prevailing party in any such litigation shall be entitled to an award of
reasonable attorney's fees, expert witness fees and costs incurred in such litigation.
DAVID L. MORRIS
By J~;!7~
Date: t - ~ - 0'),
BRE:42S /_4
By: L &;J>J:.---'
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Date:
/-/0-01/
DIANE R. CURTIS
B{1J~LL cfJ (!ufl;)~
Date: 7-IO-,O~
STATE OF WASHINGTON)
)ss.
COUNTY OF CLALLAM )
On this day personally appeared before me DAVID L. MORRIS, to me kno"'TI to be
the individual described in and who executed the within and foregoing instrument and
acknowledge that he signed the same as his free and voluntary act and deed for the uses
and purposes therein mentioned.
GIVEN under my hand and official seal this ~ day of \ Ju It fl~
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2002.
NOTARY PUBLIC in an or the State of
Washington, residing in n:~t f!~/"'s
My commiSSIOn expires: O~-::< - -
BOUNDARY LINE AGREEMENT - 3
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On this day personally appeared before me BRET L. and DIANE R. CURTIS, to me
known to be the individuals described in and who executed the within and foregoing
instrument and acknowledge that they signed the same as their free and voluntary act and
deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this /8 ~y of
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STATE OF WASHINGTON)
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BOUNDARY LINE AGREEMENT - 4
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2002.
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FORT ANGELES
RECEIVED
SEP 2 6 2002
JohnseJ/; ivlllJf:: Sfiffier PlLG
WAS H I N G TON, U. S. A.
DEPARTMENT OF COMMUNITY DEVELOPMENT
September 17, 2002
1.
APPLICANTS/LEGAL DESCRIPTIONS:
City of Port Angeles
Lot 48, Block 25, Grant's Addition
Mr. David Morris Bret L. and Diane R. Curtis
Lot 49 and 50 except the north Lot 51 and the nOlih one-half of
25 feet of Lot 50, Block 25 Grant's Addition Lot 50, Block 25, Grant's Addition
II. Determination:
Approval subject to the following condition and citing the following fmdmgs and
conclusions:
Condition:
1. The [mal boundary line adjustment agreement and subsequent deeds shall contain the
following wording in order to verify that the adjustment does not create additional
lots:
'This conveyance is for the purpose of accomplishing a boundary
line adjustment pursuant to RCW 58.17.040(6). It shall not create
any additional lots, tracts, parcels, or division.
Findings:
1. Approval is based on a boundary lme adjustment survey and accompanying
agreement submitted and determined to be complete on September 9, 2002 The
proposal will result in two adjustments of the property lines for three parcel
ownershIps in recognition oflong establIshed usage boundaries that are different from
the surveyed boundanes of the propertIes
2. The subject properties consist of Lots 48,49, and 50, Block 25, Grant's Addition to
Port Angeles and are owned by the City of Port Angeles (Lots 47 and 48), Mr.
David Morris (Lot 49 and all but the north 25' of Lot 50), and Mr. Curtis (the north
one-half of Lot 50).
3. An encroachment exists on Lot 48, which are owned by the City of Port Angeles, by
the Morrises as established by a long existing fence located approximately 35' into Lot
48.
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Boundary Lme Adjustment - BLA 02-07
Moms/CurtIs/CIty of Port Angeles
September 19, 2002
Page 2
1
4. The Morris' property consists of Lot 49 and the south one-half (24.40 feet) of Lot 50.
The. Curtises ownership mdIcates ownership of the entire Lot 50. An established
fence line placed at approxnnately 16' from the south line of Lot 50 is indicated on the
survey which has long been recognized as the Morris/Curtis boundary.
5. Section 16.12.060 PAMC and 58.17.040 RCW requires the Director of Community
Development to determine that no additIOnal/new lots are being created in a boundary
line adjustment, that all lots created meet minimum lot WIdth and area standards for
the zone m WhICh the property IS located, that the adjustment does not increase the
degree of nonconformity of structures with respect to zoning standards, and that
provisions for adequate access and necessary utility easements are made.
6. The site is served by Peabody Street, wh1ch is improved and adequate to serve the
adjusted lots.
7. Comments from the City Public Works and UtilItIes Department, Fire Department,
and Buildmg Division have been considered in the decision and addressed in the
conditions of prelimmary approval.
8. The proposal has been reviewed with respect to the goals and policies of the City's
Comprehensive Plan and Land Use Map. The Plan requires concurrency for streets,
water service, sanitary sewer service, and electrical service.
9. Following approval by the Department of Community Development per Section
16.12.070 of the Port Angeles Municipal Code, a survey shall be prepared and
recorded with the County Auditor's Office, and a copy of the recorded survey shall
be provided to the Department.
10. The properties do not contain environmentally sensitive areas.
11. Section 18.02.020 of the Port Angeles Municipal Code categorically exempts
boundary line adjustments from the consolIdated development permit process.
12. WAC 197-11-800(5) categorically exempts transfer ofland such as a boundary line
adjustment from the SEP A threshold determmation requirements.
Conclusions:
A. The proposal is consistent with the Port Angeles Comprehensive Plan, specifically
Land Use PoliCIes A.l and A.2, and Land Use Map Transportation Policies A.2, A.3.
B. The proposal is consistent WIth provIsions of the Port Angeles Zoning Ordinance,
specIfically Chapter 17.10 (RS-7, Residential Single-Family Zone) of the Port
Angeles Municipal Code, Chapter 16 12 Boundary Line Adjustments of the Port
Angeles MuniCIpal Code, and WIth Chapter 58.17 RCW, the Washington State
Subdivision Act.
..
.
.
Boundary Lme Adjustment - BLA 02-07
Moms/CurtJs/CJty of Port Angeles
September 19, 2002
Page 3
. ;
C. Approval of the proposed boundary 1me adjustment provides for the public health,
safety and general welfare of the community and serves the public use and interest.
D. Existing services m the area can serve the properties.
E. The boundary line adjustment does not create any new lots nor make any
nonconformmg situation any more nonconforming with relatIOn to area or use but is
done in recogmtIOn of an established use ofthe properties.
~~
Brad Collins, Director
Department of Commumty Development
September 19.2002
Date
The Duector's deCISIOn may be appealed to the CIty Councl] wIthm 14 days followmg the date ofmmlmg of the
deCISIOn TIus boundary Ime adjustment IS not final untIl It IS filed WIth the Clallam County AudItor's Office and a
copy ofthe recorded document IS filed WIth the Port Angeles Department of Commumty Development
CC: Pubhc Works and Utlhtles Dept.
FIre Dept
T:\BLA \MomsCurtlsCOP A
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2002 OCT -2 PN 3: f 6
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After Recording, Please Mail To:
CRAIG L. MILLER
Johnson Miller Shetler
230 East Fifth Street
Port Angeles, W A 98362
2002 1092986
Clallam
County
BOUNDARY LINE AGREEMENT
1. PARTIES. The parties to this agreement are:
1.1 DAVID L. MORRIS, ("MoRRIs") A SINGLE MAN, who is the owner
ofthe following-described real property:
LOTS 49 AND 50 IN BLOCK 25 OF GRANT'S ADDITION TO PORT ANGELES AS
RECORDED IN VOLUME 1 OF PLATS, PAGE 32, REcORDS OF CLALLAM
COUNTY, WASHINGTON,
EXCEPT THE NORTH 25 FEET OF SAID LOT 50;
TOGETHER WITH THE WEST HALF OF THE V ACA TED UNNAMED ALLEY
ADJOINING ON THE EAST.
SITUATE IN THE COUNTY OF CLALLAM, STATE OF WASHINGTON.
1.2. THE CITY OF PORT ANGELES, A WASHINGTON MUNICIPAL
CORPORATION which is the owner of the following-described real property:
LOTS 47 AND 48 IN BLOCK 25 OF GRANT'S ADDITION TO PORT ANGELES, AS
RECORDED IN VOLUME 1 OF PLATS, PAGE 32, REcORDS OF CLALLAM
COUNTY, WASHINGTON.
BOUNDARY LINE AGREEMENT - 1
word\secre2 \clm -general\morns-clty -agm
2. SURVEY. Filed simultaneously with this Agreement is a Survey of the
common boundaries of the parties' properties as identified in Paragraph 1. This survey is
recorded under the authority of RCW 58.04.007, for the purposes of resolving a dispute
over the parties' mutual boundary. The survey is recorded under Auditor's File No.
~ /tl~;J.~at Vol. SD , Page 77 of Surveys, records ofClallam County,
and is incorporated into this Agreement by this reference.
3. QUIT CLAIM. Each of the parties to this Agreement agrees that the
boundary line between their properties is the line shown by the Survey referenced in
Paragraph 2. MORRIS hereby quit claims and conveys to CITY any and all right title and
interest that MORRIS may have in the property located South of the line designated on the
Survey. CITY hereby quit claims and conveys to MORRIS any and all right, title and
interest that CITY may have in the property located North of the line designated on the
Survey.
4. AMENDMENT OF LEGAL DESCRIPTIONS. To the extent necessary, each of
the parties agrees that the legal descriptions of their respective properties shall be as
described in Paragraph 3.
5. SUBDIVISION EXEMPTION. Each of the parties acknowledges and
understands that the recording of this Agreement and the Survey is an action which is
exempt from the requirements of the state and local subdivision laws, in accordance with
the terms of a letter from the City of Port Angeles, a true and correct copy of which is
attached hereto and incorporated herein by this reference. Each of the parties further
acknowledge and agree that the recording of this Agreement and the Survey incorporated
into this Agreement is for the purpose of accomplishing boundary line adjustments within
the purpose ofRCW 58.04.007, and that no additional lots, tracts, parcels or divisions are
created by the recording of this Agreement and the Survey.
6. EASEMENTS. This Agreement and the Survey shall not affect any existing
easements of the properties described in Paragraph 1, above, and the Survey described in
Paragraph 2, above, except as specifically described in the Survey.
7. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement
between the parties, and is a fully integrated expression of their intent. There are no other
agreements between the parties, either express or implied, oral or written. No amendment
to this Agreement shall be effective unless executed in writing, by the owners of each of
the properties involved in any amendment.
8. ATTORNEY'S FEES. If any of the parties to this Agreement are required to
commence litigation against any of the other parties to this Agreement to enforce its
BOUNDARY LINE AGREEMENT - 2
word\secre2 \clm-general\moITIs-city-agm
terms, the prevailing party in any such litigation shall be entitled to an award of
reasonable attorney's fees, expert witness fees and costs incurred in such litigation.
DAVID L. MORRIS
A J ~ ;J d}r /<:7V2-<
/
Date: ~ -1-\0 'L-
By:
CITY OF PORT ANGELES
By: ~~~.....-
---Mayor
Date: 7' - 7 -tP '2..----'
/;n~~~ .-U(:inA
City Clerk
Date: q- q- f)~
STATE OF WASHINGTON)
)ss.
COUNTY OF CLALLAM )
On this day personally appeared before me DAVID L. MORRIS, to me known to be
the individual described in and who executed the within and foregoing instrument and
acknowledge that he signed the same as his free and voluntary act and deed for the uses
and purposes therein mentioned.
GIVEN under my hand and official seal this .!!.tday of , J LA IlJ )
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2002.
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NOTARY PUBLIC in
Washington, residing in
My commission expires:
BOUNDARY LINE AGREEMENT - 3
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STATE OF WASHINGTON)
)ss.
COUNTY OF CLALLAM )
On this day personally appeared before me the MAYOR and the CITY CLERK of the
CITY OF PORT ANGELES, to me known to be the individuals described in and who
executed the within and foregoing instrument and acknowledge that they signed the same
as their free and voluntary act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this 9"f!i day of L4-;k~.A 2002.
A!lJ LL<.. J/ ~J '<J J
NOTARY PUBLIC in an~r th~ of
Washington, resldmg m + rj=R- i~~
My commission expiresdc;J,l./ -~/-t
BOUNDARY LINE AGREEMENT - 4
word\secre2\clm -general\morris-city-agm
DORT ANGELE,S
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RECEIVED
SfP 2 6 2002
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WAS H I N G TON, U. S. A.
DEPARTMENT OF COMMUNITY DEVELOPMENT
September 17, 2002
L
APPLICANTS/LEGAL DESCRIPTIONS:
CIty of Port Angeles
Lot 48, Block 25, Grant's AddItion
Mr. David Morris Bret L. and Diane R. Curtis
Lot 49 and 50 except the north Lot 51 and the north one-half of
25 feet of Lot 50, Block 25 Grant's Addition Lot 50, Block 25, Grant's Addition
II Determination:
Approval subject to the following condition and citing the following [mdings and
conclusions:
CondItion:
1. The final boundary line adjustment agreement and subsequent deeds shall contain the
following wording in order to verify that the adjustment does not create additional
lots:
'This conveyance is for the purpose of accomplishing a boundary
line adjustment pursuant to RCW 58.17.040(6). It shall not create
any additional lots, tracts, parcels, or division.
Findings:
1. Approval is based on a boundary line adjustment survey and accompanying
agreement submitted and determined to be complete on September 9, 2002. The
proposal WIll result 111 two adjustments of the property lines for three parcel
ownershIps in recognition oflong establIshed usage boundanes that are different from
the surveyed boundanes of the properties
2. The subject properties consist of Lots 48,49, and 50, Block 25, Grant's AdditIOn to
Port Angeles and are owned by the CIty of Port Angeles (Lots 47 and 48), Mr.
David Moms (Lot 49 and all but the north 25' of Lot 50), and Mr. Curtis (the north
one-half of Lot 50).
3. An encroachment exists on Lot 48, which are owned by the City of Port Angeles, by
the Momses as established by a long eXIstmg fence located approxImately 35' into Lot
48
. .
,
Boundary Lme Adjustment - BLA 02-07
Moms/CurtIS/CIty of Port Angeles
September 19,2002
Page 2
4 The Moms' property consists of Lot 49 and the south one-half (24.40 feet) of Lot 50.
The. Curtises ownership indicates ownership of the entrre Lot 50. An established
fence line placed at approxnnately 16' from the south line of Lot 50 is indicated on the
survey which has long been recogrnzed as the Moms/Curtis boundary.
5. SectIon 1612.060PAMCand58 17.040 RCW requrres the Director ofCornmumty
Development to determine that no additional/new lots are being created in a boundary
line adjustment, that all lots created meet minimum lot width and area standards for
the zone in which the property is located, that the adjustment does not increase the
degree of nonconformity of structures with respect to zoning standards, and that
prOVISIOns for adequate access and necessary utility easements are made.
6. The site is served by Peabody Street, whIch is improved and adequate to serve the
adjusted lots.
7. Comments from the City Public Works and Utilities Department, Fire Department,
and Buildmg Division have been considered in the decision and addressed in the
conditIOns of prelimmary approval.
8. The proposal has been reviewed with respect to the goals and policies of the City's
Comprehensive Plan and Land Use Map. The Plan requires concurrency for streets,
water service, sanitary sewer service, and electrical service.
9. Following approval by the Department of Community Development per Section
16.12.070 of the Port Angeles Municipal Code, a survey shall be prepared and
recorded with the County Auditor's Office, and a copy of the recorded survey shall
be provided to the Department.
10. The properties do not contain envrronrnentally sensitive areas.
11. Section 18.02.020 of the Port Angeles Municipal Code categorically exempts
boundary line adjustments from the consolidated development permit process.
12 WAC 197-11-800(5) categorically exempts transfer ofland such as a boundary line
adjustment from the SEP A threshold determmation requirements.
ConclUSIOns:
A The proposal is consistent with the Port Angeles Comprehensive Plan, speCifically
Land Use Policies Al and A 2, and Land Use Map TransportatIOn Policies A.2, A3.
B. The proposal IS consistent with provisions of the Port Angeles Zoning Ordinance,
specifically Chapter 17.1 0 (RS-7, ReSidential Smgle-Famlly Zone) of the Port
Angeles Municipal Code, Chapter 16.12 Boundary Line Adjustments of the Port
Angeles Municipal Code, and with Chapter 58.17 RCW, the Wasmngton State
SubdiVision Act.
.4
. ..
.
Boundary Lme Adjustment - BLA 02-07
Moms/Curl1s/Clty of Port Angeles
September 19,2002
Page 3
C. Approval of the proposed boundary hne adjustment provIdes for the public health,
safety and general welfare of the commUlllty and serves the public use and interest.
D. Existing servIces m the area can serve the properties
E. The boundary line adjustment does not create any new lots nor make any
nonconforming situatIOn any more nonconforming with relation to area or use but is
done m recognition of an establIshed use of the properties
~~
Brad Collms, Director
Department of Commumty Development
September 19. 2002
Date
The DIrector's deCISIon may be appealed to the CIty CouncIl wlthm 14 days foJJowmg the date ofmallmg of the
deciSIOn TIllS boundary hne adjustment IS not final unnllt IS filed Wlth the Cla1Jam County AudItor's Office and a
copy of the recorded document IS filed WIth the Port Angeles Department of Commumty Deve10pment.
cc Pubhc Works and Utlhtles Dept.
Fue Dept
T:\BLA \MomsCurtlsCOP A