HomeMy WebLinkAbout525 E 6th St - Land Use s i do y 4
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x t September, 29, 2010
4s P t Mrs. Linda DeBord
';t 1129 East Front Street
r Port Angeles, WA 98362
RE: 525 East Sixth Street
`'x David and Kendra Waggoner
Dear Linda:
This letter is intended to address the issue of a side yard encroachment at 5.25 East Sixth
Street (Lot 16, Block 197 Townsite of Port Angeles), and zoning issues _that could result
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for future use of the site. Although the subject Structure on Lot 16 encroaches onto the lot
to the west (Lot 15, Block 197, Townsite of Port Angeles), a,prescriptiv• easement.was
given for the encroachment area and a maintenance area around the structure by action of
law in a document filed on October 22, 2007, No. 03- 2- 00535 -8 Declaration of Mailing l3
M signed by Judge Ken Williams Clallam County, Washington. As such,'the encroachment N
Judge
is recognized.as "legal." The "legal" structure -would be treated the same as any other 0'1
permitted structure such that it can be reconstructed or remodeled in the event of damage
or choice. As such, in the event of fire or damage, the footprint would be preserved in
favor of Lot 16 per the court action. 6-
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t u q, I hope this answers your questions and clears up any issues with the .property. It is
ti important to have inquirees note the legal basis-for the encroachment when inquiring about
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the property. The legal information was not reviousl placed in the City's files with
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a regard to the building It has been placed there as of this writing. g. b p
Sincerely,
:4 41 Sue Roberds
E Planning Manager
ec: Building Files
Phone: 360- 417 -4750 Fax: 360-417-4711
Websi www.cit of a.us Email: smart rowth @cit of a.us
Y p g Y
4 F
t 321 East Fifth Street P.O. Box 1150 Port Angeles, WA 98362 -0217
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ate^ 4 -vz___
1
2
3 CLA «AM co
4 LINTY
SUPERIOR COURT OF WASHINGTON
5 COUNTY OF CLALLAM B O 2 2007
BAR_
ARHRIS N
Clerk
i r
6 DAVID M. WAGGONER and KENDRA
CROGAN- WAGGONER, husband and
7 wife,
8 Plaintiffs, NO 03 -2- 00535 -8.
4 r vs.
F, 9 DECLARATION OF MAILING
1 DONALD G. BETTGER and SANDRA M.
0 (J 10 BETTGER, husband and wife, DCLRM
4
11
t Defendants.
0, 2 12
y S
r 13
z; s-: I, the undersigned, do certify the following:
'k 6' 14
I am a citizen of the United States of America and of the State of Washington, over the
15 age of twenty -one years, not a party to the above entitled proceeding and competent to be a
16 witness therein.
17 This day I placed in the U.S. Mail copies of the FINDINGS OF FACT AND
18 CONCLUSIONS OF LAW, JUDGMENT, and DECLARATION OF MAILING, 1st
19 Class Postage affixed, and addressed to
Vic. 20 Craig A. Ritchie Charles Watts
Attorney at Law Attorney at Law
21 PO Box 2085 10900 NE Fourth Street #850
Port Angeles, WA 98362 Bellevue, WA 98004
22
23 I declare under penalty of perjury under the l ws 2f,tae State o� W i gton that the
foregoing is true and correct. Signed and ted thi ay of (J 2007, at
24 Port Angeles, Washington.
25 (7 4
Li. i eveng- %�garet Strohmeyer/Lacey Fors
26
27
28
DECLARATION OF MAILING KEN WILLIAMS
1: \USERS \KW ILLIAM 2007- 2008\M EMOPIN\WAGGONERV B ETTGER3-DOC JUDGE
Clallam County Superior Court
223 East Fourth Street, Suite 8
Port Angeles, WA 98362 -3015
1
2 CLAL LAM C OUNTY
3 OCT 2
�B 200
BAR y
4 A C HRI S F1LED S Cierk
5
6 The Honorable Kenneth Williams
7 SUPERIOR COURT OF WASHINGTON FOR CLALLAM COUNTY
z 8 DAVID M. WAGGONER and KENDRA
p+„ CROGAN- WAGGONER, husband and wife,
No. 03- 2- 00535 -8
9 Plaintiffs,
FINDINGS OF FACT AND
v. CONCLUSIONS OF LAW
DONALD G. BETTGER and SANDRA M.
2 BETTGER, husband and wife,
t 3 Defendants.
4
THIS MATTER coming on before the Honorable Kenneth Williams, Judge, Clal am
5
County Superior Court, for trial on the 5 day of June, 2007; the plaintiffs Waggoner appearing
16
in person and through counsel, Craig A. Ritchie, Port Angeles, WA; the defendants appearing in
1 <.17
person and through counsel, Charles E. Watts, Bellevue, WA; the court having read and
18
considered the briefs and memoranda of the parties and the oral argument of the parties; the court
19
having considered the evidence admitted at trial and the court having made and entered its
20
written Memorandum Opinion dated June 28, 2007, a copy of which is filed with the Clerk in
21
this cause; now, therefore, the court does make and enter its
22
FINDINGS OF FACT
P hysical Address: Ritchie Law Firm P.S.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -1 441 W. Washington Street
P.O Box
g x 208 Address: 2085 Phone: (360) 452-2391 S ?391
Sequim WA 98382
Port Angeles, WA 98362 Facsimile: (360) 452 -3424
1 1. Plaintiffs and defendants are residents of Clallam County, Washington at all times
2 material hereto.
3 2. This suit involves real property located in the City of Port Angeles, Clallam
1 4 County, Washington and concerns the location of a boundary line common to the real property of
5 plaintiffs and defendants. Plaintiffs' real property is described as:
6 Lot 16, Block 197, Town Site of Port Angeles, Clallam County,
Washington.
7
L
Defendants' property adjoining plaintiffs lot described above is legally described as
8 Lots 14 and 15, Block 197, Town Site of Port Angeles, Clallam
County, Washington.
3. Plaintiff Kendra Waggoner lived on Lot 16 beginning at the age of 10 (she was born
F 11
in 1958), i.e., from 1968 until 1980. Her mother continued to reside on the property after Kendra
V
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moved away. Partly to care for her mother and subsequently to reside in the home, Kendra moved
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back to the Lot 16 property in December 1986 and has lived there ever since. David Waggoner
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moved to the property in 1987 upon marrying Kendra.
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4. Dr. and Mrs. Bettger have owned the Lots 14 -15 property for over 20 years prior to
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trial, however, they have never resided on the property. The property has been a rental, and for a
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number of years has been provided to their daughter to reside in with her family.
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5. Admitted into evidence as Exhibit 1 at trial is a survey performed by Clark Land
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Office Surveyors, Sequim, WA on December 12, 2000, establishing the boundaries and comers of
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Lots 14 and 15 (the Bettger lots) and consequently the line common to the Bettger and Waggoner
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lots separating Lots 15 and 16. The court finds this survey to be accurate. A true copy of this
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survey was recorded with the Clallam County Auditor on December 22, 2000 under Auditor's File
FINDINGS OF FACT AND CONCLUSIONS OF LAW -2 Physical Address: Ritchie Law Firm P.S.
441 W. Washington Street
Mailing Address: Sequim WA 98382
P.O.Box 2085 Phone: (360) 452-2391 Port Angeles, WA 98362 Facsimile: (360) 452 -3424
1 No. 20000156859. The court adopts the Clark Land Office Survey of December 12, 2000 as the
2 basis for its decision in this case and as to the establishment of the subdivision common boundary
3 between Lots 15 and 16 of Block 197, Town Site of Port Angeles, Clallam County, Washington.
4 A copy of the relevant portions of this survey are attached to these Findings and Conclusions and
5 identified as Exhibit "A
6 6. Also admitted at trial as Exhibit 15 is a survey performed by David Cummings
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7 Associates, Inc., Sequim, WA in August 2002. Of particular reference and interest to the court
8 are the distances shown on Exhibit 15 as scaled by Mr. Cummings who testified at trial measured
9 along the common line to Lots 15 and 16. These distances are the following:
ii G 0 a. From common southerly corner of Lots 15 and 16 along the common line
11 a distance of 43 feet to a point perpendicular to the southeast corner of the existing garage on Lot
12
,4a 4s 15; and
13 b. The length of the existing garage from southeast corner to northeast corner
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14 and measured along the common line to Lots 15 and 16 is 44 feet; and
15 c. Continuing in a northerly direction along the common line when measured
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16 perpendicularly to the common line, the distance between the northeast comer of the garage on Lot
17 15 and the southwest corner of the residence extending on to and over the common line on Lot 16 is
18 2 feet; and
19 d. Continuing northerly along the common line the length of the westerly wall
20 of the portion of the residence on Lot 16 encroaching on to and over the common line between Lots
21 15 and 16 is 16 feet; and
22
FINDINGS OF FACT AND CONCLUSIONS OF LAW -3 Physical Address: Ritchie LaFirm
441 W. Washington Street
Mailing Address: Sequim WA 98382
P 2085 Phone: (360) 452 -2391
Port Angeles, WA 98362 Facsimile: (360) 452 3424
1 e. The distance from the northwest corner of the portion of the residence on Lot
2 16 encroaching on to and over the common line on to Lot 15 to the common north corner of Lots 15
3 and 16 is approximately 38 feet; and
4 f" All distances are intended to be approximate, plus or minus not more than
5 one foot; and
6 g" Hereafter in the Findings and Conclusion and Judgment the various
`-A'; 7 segments identified in this Finding of Fact will be referred to by the letter designation given above
8 or generically as follows: (a) =hedge (b) garage (c) gap (d) "family room"; and (e)
9 "north remainder." A copy of Exhibit 15 as admitted at trial is attached to these Findings of act
0 and Conclusions of Law and incorporated herein by reference for purposes of the distances
=xR 1 identified and is described as Exhibit "B" to these Findings and Conclusions.
i
t 2 7" In the "hedge" area or "Section (a)" area is presently a laurel hedge. This hedge was
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3 planted long before either of the parties to this action moved to the property. The roots of the hedge
14 are all located on Lot 15 (defendants' side) of the subdivision/survey line common to Lots 15 and
"';.;15 16"
fib, 16 8" The parties have jointly maintained the hedge over the years, with the primary
17 maintenance on the plaintiffs' side of the hedge performed by the plaintiffs and the primary
18 maintenance on the defendants' side of the hedge performed by the defendants. The hedge appears
19 to have grown to a width of approximately four feet at the time of trial. Earlier pictures admitted
20 into evidence show the hedge at a much lower level and a much longer length in the vicinity of the
21 common boundary between Lots 15 and 16. At one point the hedge extend nearly to the point of
22 encroachment of the plaintiffs' home on and over the common boundary but was partly removed
FINDINGS OF FACT AND CONCLUSIONS OF LAW -4 Physical Address: Ritchie Law Firm P.S.
441 W. Washington Street
Mailing Address: Sequim WA 98382
P.O.Box 2085 Phone: (360) 452-2391
Port Angeles, WA 98362 Facsimile: (360) 452 -3424
down to its present length at some later time. The hedge was removed back to its present length
prior to 1979 or 1980.
3 9. Plaintiffs have installed a driveway in the area adjacent to the hedge which has been
located in the same location since the early 1950s. The driveway was paved more than 10 years
5 prior to commencement of this action. The paved area of the driveway and an adjacent one foot
t 6 wide strip located westerly of the edge of the paved area of the driveway in the area of the hedge
7 Section (a)" have been used for ingress and egress by plaintiffs to their home on Lot 16 for in excess
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8 of 10 years prior to the commencement of this action.
g 10. None of the parties (and there is no evidence about the predecessors of the parties)
0 intended that the hedge itself act as the boundary line between Lots 15 and 16- The parties shared in
4 1 maintenance and neither party asserted the requisite degree of control or exclusivity of right over the
2 area of the hedge itself sufficient to alter the legal subdivision/survey line between Lots 15 and 16.
sis
3 In fact, the roots of the hedge are clearly on the defendants' side of the subdivision/survey line
3'.
4 evidencin g hedge probably the fact that the hed e was most robabl not intended to be a boundary line but rather
5 intended by its planter to be located westerly of the subdivision/survey boundary line common to
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6 Lots 15 and 16.
7 11. In "Section (b)" or the "garage" section of the common boundary to Lots 15 and 16
8 there has been planted and maintained a garden off and on over the years by Plaintiffs and
9 apparently by Plaintiffs' predecessors (Mrs. Waggoner's mother) in the area four (4) feet west of the
0 common line. At some point historically the laurel hedge was cut back to the south to its present
1 length and the area four (4) feet west of the legal/survey subdivision line became a part-time storage
2 area and part-time garden area used by the owners of Lot 16 on an interim and transitory basis.
FINDINGS OF FACT AND CONCLUSIONS OF LAW —5 Physical Address: Ritchie Law Firm P. S.
441 W. Washington Street
Mailing Address: Scquim WA 98382
P.O.Box 2085 Phone: (360) 452-2391
Port Angeles, WA 98362 Facsimile: (360) 452 -3424
1 12. The eaves of the garage constructed on Lot 15 extend over into the "garden area" by
2 extending in an easterly direction beyond the easterly wall of the garage. The garage has been
3 maintained by the owners of Lot 15 who have entered on to and occupied for maintenance purposes
4 the area east of the easterly garage wall described on Exhibit 15 as the "garden" area and as
5 "Section (b)" above. In addition, at various times the owners of Lot 15 have insisted that the owners
.v 6 of Lot 16 remove items stored in the "garden area" and the owners of Lot 16 have complied without
7 objection.
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8 13. The evidence shows a usage of a prescriptive nature of the "garden area" or "Section
9 (b)" area by the owners of Lot 16 for in excess of 10 years prior to the commencement of this
0 action. The use by the owners or occupants of Lot 16 of the "garden area" however, has not been
1 sufficiently adverse or exclusive to rise to the level of adverse possession but is rather sufficient to
2 support a determination of the existence of a prescriptive easement.
3 14. With respect to the "gap" or "Section (c)" area along the boundary common to Lots
ye• 4 15 and 16, this short distance has been treated the same as the "subsection (b)" area and has also
5 been treated as the "subsection (d)" area, the "family room." This area has been transitorily used
6 and occupied by the owners of Lot 16 or the occupants as a part of the garden/storage area adjacent
7 to the garage or as a part of the maintenance of the extension of the family room on to and across
18 the common line between Lots 15 and 16 for over 10 years prior to commencement of this action.
19 15. At some point in history the home on Lot 16, the current family, formerly a garage,
0 room was finished as part of the residence on Lot 16. This happened long prior to 10 years prior to
21 the commencement of this action. The encroachment of the "family room" of the residence on Lot
22 16 across the common line on to Lot 15 extends a distance of plus or minus one foot on to Lot 15 as
measured from the subdivision/survey line (the Clark Land Office survey, Exhibit 1, measures it at
FINDINGS OF FACT AND CONCLUSIONS OF LAW -6 Physical Address: Ritchie Law Firm P.S.
441 W. Washington Street
Mailing Add Sequim WA 98382
P.0 Box 2085 Phone: (340) 452 -2391
Port Angeles, WA 98362 Facsimile: (360) 452-3424
.93 feet to 1.04 feet, the Cummings survey, Exhibit 15, shows the distance of encroachment to be
1.0 feet
c 16. In addition to the actual physical encroachment, the Plaintiffs and the occupants of
Lot 16 have on occasion occupied areas adjacent to the structure encroaching on Lot 15 for
purposes of maintaining the walls and roof and eaves and gutters of the encroaching structure.
17. There has been no encroachment by either party or their predecessors across the
common line in the "Section (e)" or "north remainder" area. e O
Ht' r
WHEREFORE, based upon the foregoing Findings of Fact, the court does make and enter
0 two its
1 CONCLUSIONS OF LAW
d 2 1. The court has jurisdiction of the parties and subject matter of this proceeding.
t 3 2. As to the "Section (a)" area of the common line between Lots 15 and 16 (the
4 "hedge neither party has adversely possessed any property outside the boundaries established by
5 the subdivision/survey line common to Lots 15 and 16. However, the court determines that to the
6 extent the existing pavement on the driveway on Lot 16 and a one foot "shoulder" or extension in a
7 westerly direction from the existing pavement on the driveway on Lot 16 extends across the
8 subdivision/survey line common to Lots 15 and 16, a prescriptive easement for ingress, egress and
9 maintenance limited to this area to the extent it encroaches on to Lot 15 has been established.
0 3. The use and occupancy of the "Section (b)" or "garage" area adjacent to the
1 subdivision/survey line common to Lots 15 and 16 by plaintiffs has not been sufficient to give rise
2 to a claim of adverse possession or fee simple ownership of any portion of the defendants' Lot 15
adjacent thereto. However, the owners/occupants of Lot 16 have used the area four (4) feet west of
FINDINGS OF FACT AND CONCLUSIONS OF LAW -7 Physical Address: Ritchie Lew Firm P.S.
2085 ss: 441 W. Washington Street
Mailing A Sequim WA 98382
P.O.Box 2085 Phone: (360) 452 -2391
Port Angeles. WA 98362
Facsimile: (360) dS2 -3424
1 the common line in this "Section (b)" area for a sufficient period of time prior to commencement of
2 this suit to give rise to a prescriptive easement to continue to garden and plant in the "Section (b)" or
a•
3 "garage" area adjacent to the common subdivision/survey line to Lots 15 and 16. That prescriptive
4 easement must be exercised in a manner which will allow the owners of Lot 15 access to the area to
5 maintain the eaves and east wall of the garage structure. The prescriptive easement in favor of Lot
a 6 16 is limited to the four (4) feet west of the common line and only for gardening, planting flowers,
7 and other nursery/landscape type activities common to a single family residential property in Port
r 8 Angeles. -b
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4. With respect to the "Section (c)" or "gap" this area will be treated exactly as the
k 1 `Section (d) or family room area below.
2 5. With respect to the "Section (d)" or "family room" area adjacent to the
3 subdivision/survey line common to Lots 15 and 16, the court finds that the plaintiffs have
4 established a prescriptive easement over that portion of Lot 15 located directly below the foundation
r Kiy'a
i•.r
i 5 of the encroachment of the family room on the residence on Lot 16 on to Lot 15 as shown on the
16 Clark survey (Exhibit 1). In addition, the owners of Lot 16 have acquired a prescriptive easement
17 for the overhang of the eaves on the encroachment of the "family room" on to Lot 15. This
18 easement the court determines to extend a distance of six feet from all sides of the encroachment of
19 the family room existing eves in "Section (d)" and is limited to the use of the area for temporary
20 purposes of maintenance and repair of the walls and roof and appurtenances of the residential
21 structure on Lot 16 to the extent it encroaches on Lot 15 (this also includes the area of the "gap
22
FINDINGS OF FACT AND CONCLUSIONS OF LAW -8 Physical Address: Ritchie Law Firm P.S.
441 W. Washington Street
Mailing
Address: Sequim WA 98382
P.O.Box 2085 Phone: (360) 452 -2391
Port Angeles, WA 98362 Facsimile: (360) 452 -3423
1 6. Except as described with respect to "Sections (a) through (d)" in the preceding
2 paragraphs, the remainder of the subdivision/survey line common to Lots 15 extending to the north
3 "Section (e) remains in place without any easements or other modification.
4 7. Neither Plaintiffs nor Defendant's are the prevailing party and therefore should
l,. 5 neither should recover costs in this action. There is no legal basis for either party to recover
6 actual attomeys' fees from the other.
7 DONE and DATED this 2 2 day of C-reb e 2007.
E HONORABLE KENNETH WILLIAMS
0
-i
Prepared and Presented by:
1 RITCHIE LAW FIRM, P.S.
n 2
r;4 Craig A. Ritchie, WSBA #4818
3 Attorney for Plaintiffs
Lei {f
5 Copy received, approved for entry
and Notice of Presentation waived:
6 OSERAN, HAHN, SPRING WATTS, P.S.
17
By
18 CHARLES E. WATTS, WSBA #2331
Attorney for Defendants
19
20
21
22
FINDINGS OF FACT AND CONCLUSIONS OF LAW -9 Physical address: Ritchie Law Firm P.
441 W. Washington Street
Mailing Address: Scquim WA 98382
P.O.Box 2085 Phone: (360) 352 -2391
Port Angeles, WA 98362 Facsimile: (360) 452 -34
1
2 C(ALLAM CO
UNTy
OCr 22
4 BARBA CH z�0
A �/}j
4 CNSEN Clerk
5
<.1 6
SUPERIOR COURT OF WASHINGTON FOR CLALLAM COUNTY
7
DAVID M. WAGGONER and KENDRA
8 CROGAN WAGGONER, husband and wife,
No 03 -2- 00535 -8
9 Plaintiffs,
JUDGMENT
0 v.
[CLERK'S ACTION
1 DONALD G. BETTGER and SANDRA M. REQUIRED]
BETTGER, husband and wife,
2 Defendants.
4 1. JUDGMENT SUMMARY
5
1.1
1.2
6
1.3
7 1.4
8 1.5 Principal judgment amount N/A Decree Quieting Title and Creating Easements
1.6 Interest to date of Judgment N/A
9 N/A
1.7 Attorney's fees
9 0 1.8 Costs
N/A
1.9 Other recovery amount N/A
2
JUDGMENT Physical Address: Ritchie Law Firm, P.S.
441 W. Washington Street
Mailiing Address Sequim, WA 98382
P 2085 Phone_ (360) 452 -2391
Port Angeles, WA 98362 Facsimile: (360) 452 -3424
2 Brief legal description of real property: See Below
3 Page number of full legal description: See Below
4 Assessor's Property Tax or Account
Number:
2. JUDGMENT
THIS MATTER coming on before the undersigned Judge for trial on the 5` day of June,
17, before the Honorable Kenneth Williams, Judge, Clallam County Superior Court; plaintiffs
ggoner appearing in person and through counsel, Craig A. Ritchie, Port Angeles, WA;
endants Bettger appearing in person and through counsel, Charles E. Watts, Bellevue, WA;
1 .p
Court having hereto made and entered its FINDINGS OF FACT AND CONCLUSIONS OF
W; now, therefore, the Court does hereby enter JUDGMENT upon the issues presented by the
ies at time of trial as follows:
It is hereby ORDERED, ADJUDGED AND DECREED as follows:
1. Subject to the provisions of this Judgment set forth below, title is quieted in
intiffs, their heirs, successors and assigns, to that certain parcel of real property located in the
y of Port Angeles, Clallam County, State of Washington, whose legal description is:
Lot 16, Block 197, Town site of Port Angeles, Clallam County,
Washington.
2. Except as expressly otherwise provided herein below, title is
ieted in defendants, their heirs, successors and assigns to those certain parcels
real property located in the City of Port Angeles, Clallam County, State of
hington, legally described as follows:
Lots 14 and 15, Block 197, Town site of Port Angeles, Clallam
County, State of Washington.
DGMENT -2 Physical Address: Ritchie Law Firm, P.S.
Iiing Address 441 W. Washington Street
Box 2085 Sequlm, WA 98382
Phone: (360) 452.2391
Angeles, WA 98362 Facsimile: (380) 452 -3424
1 3. Plaintiffs shall obtain and pay for a survey by David Cummins Assoc., Inc.,
2 Sequim, WA, or other registered surveyor in the State of Washington, to establish by survey all
3 easements for encroachment upon defendants' property as described herein; it is the intention of
4 the Court that this Judgment will be supplemented on Motion by either party with a
i,-
5 Supplemental Judgment incorporating the results of that survey which should conform to the
:r 6 herein Judgment.
7 4. Beginning at the common southerly corner of Lots 15 and 16 of the parties'
8 properties described above, and extending a distance of 53 feet north along that common line
9 between Lots 15 and 16, an easement is established in favor of plaintiffs on defendants' property
0 which extends a distance of one foot beyond the current westerly edge of the driveway accessing
1 the improvements on plaintiffs' property, which easement is for the purpose of maintaining the
2 Laurel hedge that presently exists on the defendants' property and to provide a shoulder
3 facilitating the use of the existing driveway on plaintiffs' property
4 5. For the portion of the line common to Lots 15 and 16 between the 44 and 97
5 feet distant from the common southerly corner, de eats, their heirs, successors, and assigns
6 shall have a gardening easement for an area four (4) feet in width west of the legal common line
17 between Lots 15 and 16 of the subdivision. This gardening easement shall be subject to the
,n �^Cr�q'l�
18 rights of pfainti-ffs-, their heirs, successors and assigns to enter upon the easement area to maintain
19 the exterior of the garage on the easterly side and the roof and roof overhang. For purposes of
20 this Judgment, "gardening" shall be limited to the planting of fruits, vegetables, decorative
21 plants and other plants normal to a small household garden, but not trees, and the use shall be
22 such that the owner of Lot 15 shall be able to maintain the eaves and east wall of the garage
structure presently on the property.
JUDGMENT -3 Physical Address: Ritchie Law Finn, P.S.
441 W_ Washington Street
P.0 B o Address Sequim, WA 98382
P.O. Box 2085 Phone: (360) 452 -2391
Port Angeles, WA 98362 Facsimile: (360) 452 -3424
1 6. The area adjacent to the 97 to 99 foot measured along the common line
2 between Lots 15 and 16 from the common southerly comer shall be treated the same as the
3 "gardening" easement in the preceding paragraph of this Judgment.
4 7. There is an existing encroachment by a structure on plaintiffs' property onto the
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5 defendants' property located between the 99 and 115 foot distance from the common south
6 corner along the common line between Lots 15 and 16. This encroachment has been established
t�, 7 by survey to be 1.04 feet onto the defendants' property at its southerly point along the common
8 line and 0.93feet onto the defendants' property at its northerly point along the common line. An
9 easement is awarded to plaintiffs and their heirs, successors and assigns as against defendants
l 0 and their heirs, successors, and assigns to this area of encroachment for maintenance of this
gin.,
1 existing structure. This area has been established by survey admitted into evidence as Exhibit 1
1
2 performed by the Clark Land Office on December 12, 2000 and recorded with the Clallam
a i a
3 County Auditor under Auditor's Receiving No 20001056859 on the 22 day of December,
e 't 4 2000.
5 8. Plaintiffs, their heirs, successors and assigns are to maintain the eaves on the
6 existing encroachment structure in their present location and extension over onto defendants'
7 property and an easement to maintain the existing structure to the extent it encroaches on the
8 defendants' property as described in the preceding paragraph (or as determined by subsequent
9 survey ordered by the Court herein), extending an additional six feet outside the eaves of the
P 0 existing encroaching structure.
P 1 9. The remainder of the distance of the common line between Lots 15 and 16, except
P 2 for the maintenance and eave easement created in the preceding paragraph is unencumbered by
encroachments or easements in favor of defendant,
Physical Address: Ritchie Law Firm, P.S
JUDGMENT 4 441 W. Washington Street
Mailiing Address Sequim, WA 98382
P.O. Box 2085 Phone: (360) 452 -2391
Port Angeles, WA 98362 Facsimile: (360) 462 -3424
1 :r
2 t'
3 10. The parties shall pay their own costs and fees.
4 DONE AND DATED this of 2007.
5
4 k_.3...C2LAAL.
6 JUDGE/
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JUDGMENT -5 Physical Address: Ritchie Law Firm, P.S.
441 W. Washington Street
Mailiing Address Sequim, WA 98382
P.O.Box 2085 Phone: (360) 452 -2391
Port Angeles, WA 98362 Facsimile: (390) 462.3424
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