HomeMy WebLinkAboutRon Erickson rn
DR EC M 1
Ron Erickson AUG 1 9 2014
934 W. Lauridsen Blvd. # 210, Port Angeles, WA 98363
City of Port Angeles uy
321 E. 5th c =
Port Angeles, WA 98363
August 19, 2014
Dear Councilmember,
Concerning; Smoking in n Apartment Complexes
I have a problem with secondhand smoke in the apartment building where I live. One of my disabled
neighbors suffers from asthma and is also bothered by secondhand smoke in the same apartment
complex, Wildwood Terrace Apartments. She lives alone and fears not to be able to get out of her chair
to seek help when having an asthma attack potentially brought on by exposure to secondhand smoke,
see VIDEO, "Dangers of third-hand smoke, WJLA-TV Ch. 7 (Washington, DC) 2012-03-27. It is not
safe for her to open her windows because of drifting cigarette smoke from a sheltered common area.
It is commonly recognized that secondhand smoke is harmful, as well as the residues of smoke left in
apartments (third hand smoke). There is no risk-free level of exposure to secondhand smoke,
www.surgeongeneral.gov/library/secondliandsmoke/factsheets/factsheet7.html. In fact HUD already
holds landlords responsible to accommodate the disabled who are aggravated by secondhand smoke, in
re US HUD &Part Tower Apartments, HUD Case nos. 05-97-0010-8 and 05-97-11-005-370 (1998).
CURRENTLY it is difficult to bring a successful damage action against a landlord for allowing
cigarette smoking in a commons area. Obama's health care plan and State health care are paying for all
leasee's damages as related medical expenses of the needy, Consequently, WE THE CITIZENS as tax
payers are left paying for damages the landlord's insurance companies could be paying as the owner of
the property, Ord. 8.30.045(J). How fair is that?
CURRENTLY the management of my apartment complex, Peninsula Housing Authority, will not
enforce a violation of a provision in their non-smoking apartments because, "No judge in Clallam
County will evict someone for smoking in their own apartment." We find it appalling that the
Peninsula Housing Authority can get away with advertising on the internet Wildwood Apartments as
having a "no smoking in apartments" policy and not evicting such for violations. It seems so unethical
for them to defraud the public coffers (no pun intended) that way. Their advertising policy is clearly a
violation of the State Consumer Protection Act (false advertising.)
I would like the City of Port Angeles to consider expanding the existing laws of Washington
regarding smoking in public places, RCW 70.160.030. Pasco did. The City of Port Angeles could
pass a law making smoking within 25 feet of apartment complexes declared a public nuisance.
Apartment complexes are customarily private property and not adjoining public walkways or public
places. Their administrative offices often do not have immediate access to public walkways.
Consequently, they are exempt from existing state regulations, RCW 70.160.030.
Existing language of city nuisance laws, Ord. 8.30 could specifically name cigarette smoking in private
commons areas. Presently Ord. 8.30.045(f), could include cigarettes as a burning of"other materials"
that cause smoke to be "annoying or injurious to the health" of the public. Landlords "allowing"
cigarette butts and ashes to be collected in a commons area is already a violation of Ord. 8.30.045(1) as
an "other offensive material." Common areas could be defined to NOT include private parking lots.
I and some of my neighbors would appreciate your support in this regard.
Res ctfirlly,
Rory"�rrc�kson
Eric: City of Pasco Smoking Regulations Ordinance#4158.
Cc: Peninsula Housing Authority
ORDINANCE NO.
AN ORDINANCE of the City of Pasco, Washington, Creating a New
Chapter 6.10 "Smoking Regulations"; and Creating a New Section 9.48.245
"Smoking at or near Park Shelters,Playgrounds and Pools Prohibited"
WHEREAS, the voters of the State of Washington in 2005, by Initiative 901, directed
smoking in public places be prohibited;and
WHEREAS, legislature in adopting the terms of Initiative 901, enacted Chapter 7.160
RCW prohibiting smoking in public places and in places of employment;and
WHEREAS, smoking consumption of tobacco products has been determined to be
harmful to the health of not only the consumer,but those who may come in contact with second-
hand smoke;and
WHEREAS, the Washington State legislature has further found that the protection of
adolescent health requires a strong set of comprehensive health and law enforcement
intervention, including prohibiting the purchase or possession of tobacco products by minors;
and
WHEREAS, recent technology has broadened the use of harmful nicotine through e-
cigarettes which converts liquid nicotine, which is a known neuro-toxin and highly addictive
substance, into a chemically impregnated gas that is inhaled by the user simulating smoking,
resulting in the discharge of nicotine impregnated gas; and
WHEREAS, to adequately provide a consistent policy for the regulation of the use of
tobacco and nicotine-infused products,and for the health and safety of the citizens of the City of
Pasco; NOW,THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO,WASHINGTON,DO ORDAIN
AS FOLLOWS:
Section 1. That a new Chapter 6.10 entitled "Smoking Regulations" of the Pasco
Municipal Code,shall be and hereby is created and shall read as follows:
Chapter 6.10
SMOKING REGULATIONS
Sections:
6.10.010 Smoking Prohibited in Public Places or Places of Employment.
6.10.020 Definitions.
6.10.030 Sale for Delivery to Minors.
6.10.040 Purchasing or Possession by a Minor Prohibited.
6.10.050 Required Signage.
6.10.060 Mechanical Sales of E-Cigarettes Restricted.
6.10.070 Penalties.
I
6.10.010 SMOKING PROHIBITED IN PUBLIC PLACES OR PLACES OF
EMPLOYMENT. No person may smoke in a public place or in any place of employment within
the City.
i
6.10.020 DEFINITIONS. As used in this Chapter, the following terms have the
meanings indicated.
A) "Electronic cigarette" or "e-cigarette" means an electronic device usually
composed of a mouthpiece, a heating element or atomizer, a battery, and electronic circuits that
provide a gas derived from liquid nicotine and/or other substances which is inhaled by the user
simulating smoking. The term includes such devices, regardless of the details of the product f
appearance or marketed name, generally manufactured to resemble cigarettes, cigars, pipes, or !
other smoking devices.
B) "Liquid nicotine"means any liquid product composed either in whole or in part of
nicotine, proprylene glycol and/or other similar substances and manufactured for use with e-
cigarettes or other devices to be converted into a gas for inhaling.
C) "Minor"means any person under eighteen (18)years of age. '
I
D) "Person" means any natural person, individual, corporation, unincorporated
I
association, proprietorship, firm, partnership, joint venture, joint stock association, limited
liability company,limited partnerships,or other entity or business of any kind.
F) "Place of employment" means any area under the control of a public or private
employer which employees are required to pass through during the course of employment,
including, but not limited to entrances and exits to the places of employment, and including a
presumptively reasonable minimum distance, as set forth in RCW 70.160.075, of twenty-five
(25) feet from entrances, exits,windows that open,and ventilation intakes that serve an enclosed
area where smoking is prohibited; work areas; restrooms; conference and classrooms; break
rooms and cafeterias; and other common areas. A private residence or home-based business,
unless used to promote licensed child care, foster care, adult care, or other similar social service
care on the premises,is not a place of employment.
F) "Public place"means that portion of any building or vehicle used by and open to
the public, regardless of whether the building or vehicle is owned in whole or in part by private
persons or entities, the City of Pasco, or other public entity, and regardless of whether a fee is
charged for admission, and includes a presumptively reasonable minimum distance, as set forth
in RCW 70.160.075, of twenty-five (25) feet from entrances, exits, windows that open, and
ventilation intakes that serve an enclosed area where smoking is prohibited. A public place does
not include a private residence unless the private residence if used to provide licensed child care,
foster care,adult care,or other similar social service care on the premises.
"Public places" include, but are not limited to schools, elevators, public conveyances or
transportation facilities, museums, concert halls, theaters, auditoriums, exhibition halls, indoor
sports arenas, hospitals, nursing homes, health care facilities or clinics, enclosed shopping
centers, retail stores, retail service establishments, financial institutions, educational facilities,
ticket areas, public hearing facilities, state legislative chambers and immediately adjacent
hallways, public restrooms, libraries, restaurants, waiting areas, lobbies, bars, taverns, bowling
Smoking Regulation Ordinance
Page 2
alleys, skating rinks, casinos,reception areas, and no less than seventy-five percent(75%) of the
sleeping quarters within a hotel or motel that are rented to guests. A public place does not
include a private residence. This chapter is not intended to restrict smoking in private facilities
which are occasionally open to the public except upon the occasions when the facility is open to
the public.
A) "Smoke"or"smoking"means the carrying or smoking of any kind of:
i
1) Lighted pipe,cigar,cigarette,or other lighted smoking equipment.
f
2) An electronic cigarette or e-cigarette, or other device that results in the
discharge of a gas derived from liquid nicotine.
6.10.030 SALE FOR DELIVERY TO MINORS.
A) Every person who sells or gives,or permits to be sold or given, to any minor any
cigar, cigarette, cigarette paper or wrapper, tobacco in any form, or electronic cigarette or other
vapor product is guilty of a gross misdemeanor. .
B) It shall be no defense to the prosecution for a violation of this section that the
person acted,or was believed by the defendant to act,as agent or representative of another.
6.10.040 PURCHASING OR POSSESSION BY A MINOR PROHIBITED.
A) Any minor who purchases or attempts to purchase, possesses, or obtains or
attempts to obtain cigarettes or tobacco products,or e-cigarettes,or their components,commits a
class 3 civil infraction under Chapter 7.80 RCW, and is subject to a fine as set forth therein, or j
participation in up to four hours of community restitution, or both. The Court may also require
participation in a smoking cessation program.
6.10.050 REQUIRED SIGNAGE.
A) Owners, or in the ease of a leased or rented space, the lessee or other person in '
charge, of a place regulated under this Chapter, shall prohibit smoking in public places and
places of employment and shall post signs prohibiting smoking as appropriate under this
Chapter. Signs shall be posted conspicuously at each building entrance. In the case of retail
stores and retail service establishments, signs shall be posted conspicuously at each entrance and
in prominent locations throughout the place.
B) Any person selling, marketing, displaying, giving, or distributing tobacco
products or e-cigarettes, or their components shall display a printed sign, posted so that it is
clearly visible to anyone purchasing tobacco products, e-cigarettes, or their components. The
sign must be in contrasting colors and at least 20-point type, and must read substantially as
follows:
i
Smoking Regulation Ordinance
Page 3
i
"IF YOU ARE UNDER 18, YOU COULD BE SUBJECT TO PENALTY FOR
PURCHASING TOBACCO PRODUCTS, E-CIGARETTES, OR RELATED
DEVICES OR THEIR COMPONENTS. THE SALE OF TOBACCO
PRODUCTS, E-CIGARETTES, OR RELATED DEVICES OR THEIR
COMPONENTS TO PERSONS UNDER THE AGE OF 18 IS STRICTLY
PROHIBITED-PHOTO ID IS REQUIRED."
I
6.10.060 MECHANICAL SALES OF E-CIGARETTES RESTRICTED. No person '
shall sell or permit to be sold e-cigarettes, or their components, through any device that
mechanically dispenses such products unless the device is located fully within premises from i
which minors are prohibited, and in a location not less than ten (10) feet from all entrances or
exit ways to and from the premises.
6.10.070 PENALTIES.
A) Any person intentionally violating this Chapter by smoking in a public place or
place of employment, or any person removing, defacing, or destroying a sign required by this
Chapter,is subject to a civil fine of up to one hundred dollars($100.00).
B) Every person violating Section 6.10.030,is guilty of a gross misdemeanor.
C) Violation of any provision of this Chapter by a minor shall be a class 3 civil
infraction under PMC 1.02. Violation of any provision of this Chapter other than as provided
above,by anyone other than a minor, shall be a class 1 civil infraction. Each violation is a new
and separate offense.
Section 2. That a new Section 9.48.245 entitled"Smoking in Parks Prohibited"of the
Pasco Municipal Code shall be and hereby is created and shall read as follows:
2.48.245 SMOKING AT OR NEAR PARK SHELTERS, PLAYGROUNDS AND ;
C/ POOLS PROHIBITED. Smoking. as defined by PMC 6.10.020 and tobacco use isprohibited at
or within twe ty five 25 feet of the pmimeter of all el m-,WU=unds(including water
play roundslor swimming pools.
Section 3. This Ordinance shall take full force and effect five (5) days after its
approval,passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, and approved as
provided by law this 19 day of fl4g!j,, 2014.
M tt Watkins,Mayor
A st: Appro to Farm:
Debbie Clark,City Clerk Leland B.Kerr,City Attorney
Smoking Regulation Ordinance
Page 4
Ron Erickson
934 W. Lauridsen Blvd. # 210, Port Angeles, WA 98363
F, <<,
Councihnembers
11F_, �
City of Port Angeles I
I �
321 E. 5th EP 1 6 201.4
Port Angeles, WA 98363
Ci�Y C 1 A N :_S Sept. 15, 2014
Dear Council members,
Concerning Smoking in Apartment Complexes
We all know the dangers of second-hand smoke.
On August 19, 2014 I wrote seeking support for the city to prohibit smoking in public housing.
"I would like the City of Port Angeles to consider expanding the existing laws of Washington
regarding smoking in public places, RCW 70,160.030. Pasco did. The City of Port Angeles
could pass a law making smoking within 25 feet of apartment complexes declared a public
nuisance."
Enclosed is a copy of the Hawaii's newly enacted law. Hawaii now prohibits smoking in public
housing projects and state low-income housing projects.
"Smoking shall be prohibited in any public housing project, elder or elderly household, as
defined in section 356-1, or state low-income housing project, as defined . . . .
I dare the city to be a leader in this trend to extend restrictions against smoking in public areas.
Please let me know the present status of your modifying City Ordinance 8.30 to accommodate this
betterment for public safety and our planet.
Respectfully,
,-z
Ron Crickson
Eric: Copy of Hawaii Bill No. 651.
CC. Peninsula Housing Authority
CC. Clallam County Commissioners
P.S. Administrators at King County's "Alliance for• People with Disabilities" believe King County
applies non-smoking State Laws to all public housing.
THE SENATE 651
TWENTY-SEVENTH LEGISLATURE, 2013 S . B . N O N S.D. 2
STATE OF HAWAII H.D. 2
C.D. 1
A BILL FOR AN ACT
RELATING TO HEALTH.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1 . Chapter 356D, Hawaii Revised Statutes, is
2 amended by adding a new section to part I to be appropriately
3 designated and to read as follows :
4 115356D- Prohibition on smoking in and around public
5 housing; designated sm 'n _ areas-,_ Smoking shall be
6 prohibited in any public housing project, elder or elderly
7 household, as ned in section 3 �-I, or state low-income
8 housing project, as defined in section 356D-51, within:
9 (1) Each individual housing unit;
10 (2) All common areas;
11 (3 ) Community facilities; and
12 (4) Twenty feet from each individual building of the
13 public housing project or state low-income housing
14 project, and from any entrance, exit, window, and
15 ventilation intake that serves an enclosed or
16 partially enclosed area.
17 (b) Notwithstanding subsection (a) , the authority may
18 designate one or more permissible smoking areas at least twenty
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S.D. 2
H.D. 2
C.D. 1
1 feet away from any residential or other building, or any greater
2 distance away as may ensure that the secondhand smoke does not
3 infiltrate any dwelling unit .
4 (c) The authority shall place and maintain "No smoking"
5 signage at all entrances and exits of the property. The
6 authority may display additional "No smoking" signage at
7 residential and community facilities at their entrances and
8 exits , offices, and in or at enclosed, partially enclosed, or
9 open common areas for the purpose of conspicuous notice.
10 (d) The authority may adopt rules pursuant to chapter 91
11 to effectuate the purposes of this section.
12 (e) For purposes of this section:
13 "Common areas" means roofs, halls, sidewalks, corridors,
14 lobbies, stairs, stairways, fire escapes, entrances and exits of
15 the building or buildings , basements, yards, gardens,
16 recreational facilities, parking areas , storage spaces, and
17 other parts of the project or household normally in common use
18 or other areas designated by the authority.
19 "Smoking" means inhaling, exhaling, burning,. or carrying
20 any lighted or heated tobacco product or plant product intended
21 for inhalation in any manner or in any form. "
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Page 3 651 S . B . NO S.S.D. 2
H.D. 2
C.D. 1
1 SECTION 2 . Section 356D-92, Hawaii Revised Statutes, is
2 amended by amending subsection (a) to read as follows :
3 " (a) Except as otherwise provided, the authority may
4 terminate any lease, rental agreement, permit, or license
5 covering the use and occupation of any dwelling unit or other
6 premises located within a public housing project and evict from
7 any premises any tenant, licensee, or other occupant for any of
8 the following reasons :
9 (1) Failure to pay rent when due;
10 (2) Violation of any of the provisions of a lease, rental
11 agreement, permit, or license;
12 (3) Violation of any of the rules of the authority;
13 (4) Failure to maintain the dwelling unit in a clean,
14 sanitary, and habitable condition; [er]
15 (5) Upon a third violation of section 356D- provided
16 that a violation of any of these terms by a non-
17 resident, a guest who is visiting a resident, or by
18 any member of the resident' s household shall be deemed
19 a violation by the resident; or
20 [4JS+1 (6) The existence of . any other circumstances giving
21 rise to an immediate right to possession by the
22 authority. "
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H.D. 2
C.D. 1
1 SECTION 3 . This Act does not affect the rights and duties
2 that matured, penalties that were incurred, and proceedings that
3 were begun, before its effective date.
4 SECTION 4 . Statutory material to be repealed is bracketed
5 and stricken. New statutory material is underscored.
6 SECTION 5 . This Act shall take effect upon its approval .
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Ron Erickson
9 34 IJ". Lalllidl,,li 131.r d # 210, AW:-9 i{otic , I1".-1 9S
WA cities Insurance Authority [I D IE V i�-
PO Box 88030 El 1
Tukwila, WA 98138 SEP 2 4 2014
ept. 23, 2014
Dear Mr. Hardesty,
CITY OF= 1)0Pi ( /���GE:LES
Request to Fix Mist ke — C i y r1-1 .�
In a 2013 old phone conversation you notified me, when representing Olympic Ministries, that we
need not make additional damage claims regarding the Property on Marine Drive and "IC" Street
(vacated) in the city of Port Angeles.
This property in question at that time was owned by a Washington State registered nonprofit "church"
organization, Olympic Ministries. Olympic Ministries is "the disabled helping the disabled serve
others." On July 31, 2013 Olympic Ministries quit claimed and assigned the property to me to bring
legal action if necessary. Olympic Ministries retained all monetary settlement rights, see enclosed.
The present legal description of 130 sq. feet needs to be corrected to include the properties exclusive
reversion rights to about 2.75 acres of adjoining streets. That will better conform to the city's minimum
lot size of 7000 sq. feet in the heavy industrial zone.
ONE PROBLEM:
The City approved a short plat application that did not conform to the city's preliminary survey that
showed a portion of my property's metes and bounds. City ordinance PANIC 16.04.180(A)(1), sec
enclosed survey maps. The city's required a title report, see Oct. 3, 2003 letter. The title report did
contain State DOT documents that referenced my property by following a chain of auditor file
numbers. The title report denied recognizing our tax sale documents and quit claim deed as valid title,
see enclosed. That title insurance certificate is valued as 75.00 dollars of protection.
Lawfully, only The City can nullify the voidable, improperly approved shout plat. Many resulting
signed agreements have followed the short plat. This mistake must be remedied by The City ot- such
is an attempt by The Port and The City to an unlawful taking of private property for public use.
Evidence indicates The Port failed to inform the city and title company of their prior knowledge of our
tax deed claim. A fraudulent endeavor to deceive you and acquire my property unlawfully. Please fix
the mistake and save some legal expense.
In the 20013 phone conversation your expressed yourself in the words, "We can simply condemn the
property." You were thinking of the utility pole placement on the property by mistake. Condemnation
is only true in part. The city must show necessity and must own adjoining lands. The City does not
own adjoining Marine Drive fee lands and the utility pole does not necessarily have to be where it is.
Failure to discuss this matter within two weeks will trigger my filing an amendment to an already filed
complaint on May 5`�', 2014 and serving you with a summons to appear in court.
RespOctfl I1y;
Ron 1rrrc-sbn
Cc: Mayor, City of Port Angeles
1
19971001505000 OF _ t ` _
REM'ZOED M REC0kOS/CLALLAM CO.
No. 75 1 97 DEC 10 AM D: 3 3
CLALLAM COUNIrt �
TRANSACTION EXCISE TA?C cQ _.._._
IDAID DEC - 9 1997 Ct�a���"i SUUt:TY WASH.
AMOUN;T4 3os� BY DEPUTY
COUNTY TREASURER
"_46
TREEASUREWS TAX
STATE OF'IA WASHINGTON SS NO._34E42_
GOUNTY OF CLALLAM
THISINI7ENTURE made this 5th day of December, A.D. 1997
between Ruth M.Gerdon ,as Treasurer of Clallam County, State of Washington, party of the first part, and
Ron Erickson, PO Box 211,Carlsborg WA 98324 party of the second part;
WITIVES.SE'TH,, that wheras at a public sale of real estate held on the 5th day of
December ,A.D. 1997 , pursuant to a real estate tax judgment entered in the Superior
Court of the County of Clallam on the 21 st day of November A. D., 1997
in proceedings'to foreclose tax liens upon ral estate and an order of the sale duly issued by said Court
Ron Erickson,
duly purchased in compliance with the laws of the State of Washington,the following described real estate,to-wit;
Parcel Number 06 30 00 190075 0000
See Attached Exhibit A
And that the said Ruth M.Gerdon.Treasurer of Clallam County has complied with the
laws of the State of Washington, necessary to entitle Ron Erickson
to a deed for said real estate.
NOM(THEREFOU,know ye,that I , Ruth M.Gerdon, County Treasurer of
said County of Clallam, State of Washington,in consideration of the premises and by virtue of the statues
of the State of Washington,in such cases provided,do hereby grant and convey unto
Ron Erickson
heirs and assigns,forever,the said real estate hereinbefore described.
Given under my hand and seal of office this 5th day of es mber A.D. 1997
Ru M. Gerdon
+ COUNTY TREASURER OR
CLA L M COUNTY,WASHINGTON
by
DEPUTY
EXHIBIT "A"
office File No:CL-35847 \
DESCRIPTION:
That portion of Block F in James Sampson Claim of Port Angeles, '.\\\recorded
in Volume 2 of Plats, Page 61, records of Clallam County, Washing o:l,
described as follows:
Beginning at the intersection of the Northerly line of Third'st•reett N r h
and the Easterly line of "K" Street, in said City of Port Ange`es an
running thence Northerly along the Easterly line of said/')K-Street a\
distance of 13.00 feet; thence Southerly along a straight(line tso ,a poi
in the Northerly line of said Third Street North dista ^,3 .00 f�e�
Easterly measured along said Northerly line, from the E t6 ly 11ne of said
"K" Street; thence Westerly along the Northerly line of sa"d j�d Street
North a distance of 23.00 feet to the Point of Begi Wing.
1 ;
\l
FILED FOR RECORD AT THE REQUEST
F_ r�3 ��______LLAM CO.
2091 AUG --3 PH 3 17
2001 1068216 Couinty O
After Recording Mail To:
Ron Erickson
934 W. Lauridsen Blvd. Suite#205
Port Angeles, Washington 98363
QUITCLAIM
RON ERICKSON(Grantor),a Clallam County resident,does hereby gift OLYMPIC MINISTRIES
(Grantee)a registered non-profit corporation in Washington State, in support of their charitable purposes,
does CONVEY and QUITCLAIM any and all of the Grantor's undivided interest in the real estate,situated
and being in Clallam County, Washington State,containing 140 square feet,more or less, together with all
after acquired title of the grantors therein,subject to any and all exceptions and reservations hereinafter set
forth,THE PORTION OF PROPERTY LEGALLY DESCRIBED AS:
"Beginning at the intersection of the Northerly line of Third Street North and the Easterly line of
"K"Street, in said City of Port Angeles and running thence Northerly along the Easterly line of said
"K"Street a distance of 13.00 feet;thence Southerly along a straight line to a point in the Northerly
line of said Third Street North distant 23.00 feet Easterly measured along said Northerly line, from
the Easterly line of said"K"Street;thence Westerly along the Northerly line of said Third Street
North a distance of 23.00 feet to the Point of Beginning."
CONVEYED in County Treasurer's Tax Deed recorded as Auditor's file number#19971001505000
records of Clallam County, Washington and has been designated as Clallam County Tax Parcel#06 30 00
190075 0000.
THIS CONVEYANCE IS SUBJECT to general real estate taxes which are a lien but not yet delinquent,
together with any and all other claims,rights,or interests, heretofore arising out of the ownership of said real
property.
THIS INSTRUMENT IS EXECUTED BY GRANTOR,this 7 day of Tv y 2001.
No. 6-3 07 4
CLALLAM COUNTY by
TRW TION EXCISE TAX Rod—Erickson
UA1 1-SID S)--7-01
A JNT --9-
State of Washington ) COUNTY T kSU.RER
Counix ofClallan3
Signed or attested before me on this,J 62 7>` a�date by �-Y? ti
DtiSignature of Notary �' e� 5S oNF ,��►�
:0 NOTARY,
Notary Public Stat f shin on :v m
My appointment expires: /W D "';
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l06
LEGAL DESCRIPTION:
THAT PORTION OF 7RACTS40, E; AND F OF THE JAMES SAMPSON DONATION LAND CL
TOWNSITE OF PORT ANGELES, AS RECORDED IN VOLUME 2 OF PLATS; PAGE 61, RECORDS OF
CLALLAM COUNTY. WASHINGTON, BLOCKS 133 AND 134 TOGETHER WITH VACATED STREETS AND
ALLEYS ABUTTING THEREON, AS DELINEATED BY THE PLAT OF THE ORIGINAL TOWNSITE OF
PORT ANGELES, BLOCKS 14, 14 15 AND TOGETHER WITH VACATED STREETS AND ALLEYS
ABUTTING THEREON AND VACATED RAILROAD AVENUE; PORT ANGELES TIDELANDS WEST OF
LAUREL, AND HARBOR AREA LEASE NO. 2047(INCLUDING FILL AREA), THE HARBOR AREA IN
FRONT OF BLOCKS 14 AND 15 (WEST OF LAUREL STREET) AND INTERVENING H' STREET,
SUPPLEMENTAL MAPS OF PART ANGELES TIDELANDS, HARBOR LEASE AREA 2219 (INCLUDING
FILL AREA). THAT PORTION OF THE HARBOR AREA FRONTING BLOCKS 14 16 AND INTERVENING
"I*STREET, SUPPLEMENTAL MAP OF PORT ANGELES TIDELANDS WEST OF LAUREL STREET:
LOCATED WITHIN THE FOLLOWING DESCRIPTION:
BEGINNING AT THE INTERSECTION OF THE NORTHERY LINE OF MARINE DRIVE AND THE
CENTERUNE OF VACATED V STREET-
THENCE NORTH 3375'19-EAST, ALONG THE CENTERLINE OF VACATED -K-STREET TO A
POINT ON THE CENTERLINE OF THE VACATED ALLEY IN BLOCK 136 OF THE ORIGINAL TOW srX
OF PORT ANGELES EXTENDED ACROSS VACATED -K-STREET;
THENCE SOUTH 56'41'23'EAST 310 FEET TO THE EAST LINE OF VACATED 'K-STREET,
THENCE NORTH 33'15190.EAST, 120.01 FEET TO THE SOUTH LINE OF VACATED RAILROAD
AVENU&
THENCE NORTH 891DI'31-EAST, 277.39 FEET, TO THE ANGLE POINT ON THE INNER HARBOR
IJN&*
THENCE NCRIH 7940'09-E AST, 40964 FEET 70 THE ANGLE POINT ON.THE-OUTER HARBOR.
.—MINCE SOUTH 22'4777"'E4ST, ALONG THE 1935 OUTER HARBOR"LINE: TO THE NORTHEAST
CORNER OF HARBOR AREA LEASE NO. 20471
THENCE SOUTH 5278'49" WESTT,._.41X9.l..FEET.TO A.POINT ON'-THE'•INNER HARBOR.LINE;
THENCE-SOUTH.2247'17'�,EAST ALONG THE INNER HARBOR.LINE 2.81.FEET, ,
THENCE-SOUTH 5170'1.7- WEST 748.62 FEET TO A POINT ON 7HE'NORTH LINE OF MARINE
DRIVE.
THENCE NORTH 31'15'23' WEST ALONG THE NORTH LINE OF MARINE DRIVE TO THE POINT OF
BEGINNING:'
SITUATE IN CI.ALLAM COUNTY, STATE OF WASHINGTON.
SUBJECT TO RIGHT OF WAY EASEMENT FILED UNDER AUDITORS FILE NUMBER 2003 1110859.
(EXCERPED FROM XWWSION CERNICAT'E (AMENDED) PREPARED BY OLYMPIC PENINSULA
TIRE COMPANY, PORT ANGELES, WASHINGTON, UNDER ORDER NUMBER 03076079, DATED JULY
24 2001 REFER TO SAID AMENDED SUBDIVISION CERTIFICAT& ON FILE WITH THE CITY
PLANNING DEPARTMENT. FOR ADDITIONAL INFORMATION REGARDING ENCUMBRANCES OF
RECORD.)
DECLARATION:
WE THE UNDERSIGNED, OWNERS OF THE LAND HEREBY PLATTED, HEREBY DECLARE THIS PLAT AND
HEREBY ACCEPT ALL RESPONSIBILITY FOR ALL CLAIMS AND DAMAGES WHICH MAY BE OCCASIONED TO
ANY DIM-LAND OR PERSONS BY ACTIONS OF SAID PLATTORS AUTHORIZED BY THE CITY IN RELATION
TO THIS SUBDIVISION. WE HEREBY CONSENT TO THIS PLAT.
CLYDE'DODDY, E&CU77VE DIRECTOR, PORT OF PORT ANGELES
STATE OF WASHINGTON
COUNTY OF CLALLAM S5
THIS IS TO CERTIFY THAT ON THIS DAY OF , 2003, BEFORE ME THE
UNDERSIGNED, A NOTARY PUBLIC; PERSONALLY APPEARED CLYDE GOODY, TD ME KNOWN TO BE THE PERSON
NO EXECUTED THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE SIGNED AS HIS FREE AND
VOLUNTARY ACT FOR THE USES AND PURPOSES HEREIN MENTIONED.
WITNESS MY HAND AND OFFICIAL SEAL ON THE DAY AND YEAR FIRST ABOVE WRIT7EN.
NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON
RESIDING IN PORT ANGELES BASIS OF BEARINGS:
WASHINGTON STATE COORDINATE SYSTW NORTH ZONE;
BASED ON FIELD MEASUREMENTS MADE TO CITY OF PDA
GEODETIC CONTROL POINTS 06313300(CT1-3-1)AND 0
PROCEDURES: SAID MONUMENTS WNO SHOWN ON RECORD OF SURVEI
34 OF SURVEYS; PAGE 2Z UNDER AFi 730249
THIS RECORD OF SURVEY IS BASED ON A GROUND SURVEY
UTILIZING CONVENTIONAL TRAVERSE METHODS, IN COMBINATION SURVEyoR'S CER71F7CA7E
WIN CONTROL AND/OR MONUMENT POSITIONINO WTH THIS MAP CORRECTLY REPRESENTS A SURVEY CONC
aRS,TECHNOLOO M CONSTRAINED TO CONTROL STATIONS
INCLUDED UNDER EIASIS OF BEARINGS, RE UI UNDER MY SUPERVISION IN CONFORMANCE Y
REQUIREMENTS OF ATLE 10, PAMC, AND THE STATE
EQUIPMENT: RECORDING ACT, TITLE 58 ROW.
TOPCONO MODEL CTS 008 5' TOTAL STATION.
THALES NAWGATIONO-ASHIECHOMODEL PROMARK2
QP.S RECEIVERS(2). BRADLEY R. LYMANGROVER, PLS 28071 DATE
DATE OF SURVEY:
JULY, 2003
OLYMPIC PENINSULA TITLE COMPANY
9
TITLE INSURANCE - ESCROWS
AGENTS FOR
TRANSNATION TITLE INSURANCE COMPANY
ZENOVIC & ASSOCIATES
519 S . PEABODY ST. ST 22
PORT ANGELES WA 98362
ATTN: BRAD LYMANGROVER
ORDER NO. : 03076079
RE: DAISHOWA
SUPPLEMENTAL SUBDIVISION CERTIFICATE
THE FOLLOWING MATTERS AFFECT THE PROPERTY COVERED BY THIS ORDER:
LEGAL DESCRIPTION IS AMENDED TO READ AS FOLLOWS:
SEE ATTACHED EXHIBIT "A" :
THERE HAS BEEN NO CHANGE IN THE TITLE TO THE PROPERTY COVERED
BY THIS ORDER SINCE JULY 23 , 2003, EXCEPT THE MATTERS NOTED
HEREINABOVE.
DATED AS OF FEBRUARY 25, 2004 AT 8 :30 A.M.
OLYMPIC PENZN A TITL COMPANY
BY: be
C HRI S ZOO K, I ITLE EXAMINER
EXHIBIT "A" ORDER NO. 03076079
THOSE PORTIONS OF TRACTS "D", "E" AND "F" OF THE PLAT OF JAMES
SAMPSON CLAIM OF PORT ANGELES TOWNSITE AS RECORDED IN VOLUME 2 OF
PLATS, PAGE 61, RECORDS OF CLALLAM COUNTY, WASHINGTON; AND THOSE
PORTIONS OF TIDELAND BLOCKS 14, 15 AND 16 OF THE TIDELANDS WEST OF
LAUREL STREET AS SHOWN ON THE SUPPLEMENTAL MAP OF PORT ANGELES
TIDELANDS FILED IN THE OFFICE OF THE BOARD OF STATE LAND COMISSIONERS
ON THE 9TH DAY OF MARCH 1894 LYING WESTERLY OF A LINE BEGINNING AT A
POINT ON THE NORTHERLY LINE OF MARINE DRIVE 300 FEET WESTERLY OF THE
INTERSECTION OF THE EASTERLY LINE OF SAID TRACT "D" EXTENDED SOUTHERLY
FROM THE NORTHERLY LINE OF THIRD STREET AND THE NORTHERLY LINE OF SAID
MARINE DRIVE EXTENDED EASTERLY; THENCE NORTHEASTERLY THROUGH A POINT ON
THE SOUTHERLY LINE OF VACATED RAILROAD AVENUE, WHICH IS 265. 67 FEET
DISTANT FROM THE INTERSECTION OF THE EASTERLY LINE OF TRACT "D" AND THE
SOUTHERLY LINE OF VACATED RAILROAD AVENUE, TO AN INTERSECTION WITH THE
INNER HARBOR LINE;
TOGETHER WITH BLOCKS 133 AND 134 OF THE TOWNSITE OF PORT ANGELES;
EXCEPTING THEREFROM THAT PORTION OF SAID TIDELAND BLOCK 16 LYING
NORTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE
INTERSECTION OF THE INNER HARBOR LINE AND THE SOUTHERLY LINE OF THE
LAGOON WATERWAY, THE SAME BEING THE NORTHEASTERLY CORNER OF SAID BLOCK
16; THENCE SOUTH 0 013126" WEST A DISTANCE OF 254.1 FEET TO THE TRUE
POINT OF BEGINNING OF THE LINE ABOUT TO BE DESCRIBED; THENCE
SOUTHWESTERLY TO AN INTERSECTION WITH THE SOUTHERLY LINE OF RAILROAD
AVENUE (VACATED) AND THE EASTERLY LINE OF K STREET (VACATED) ;
EXCEPTING FROM SAID TRACTS "D", "E" AND "F" OF THE JAMES SAMPSON
CLAIM THE SOUTH 70 FEET THEREOF AS DEEDED TO THE CITY OF PORT ANGELES
FOR MARINE DRIVE RIGHT OF WAY PER DEED RECORDED UNDER AF# 61835;
TOGETHER WITH ALL OF THOSE PORTIONS OF "I" STREET, "H" STREET,
FRONT STREET, RAILROAD AVENUE AND ALLEYS ADJOINING THE ABOVE DESCRIBED
TRACTS AS VACATED BY THE CITY OF PORT ANGELES VACATION ORDINANCE #406;
ALSO TOGETHER WITH ALL OF THAT PORTION OF THE EASTERLY HALF OF
"K" STREET LYING SOUTHERLY OF THE CENTERLINE OF THE ALLEY OF BLOCKS 134
AND 136, TOWNSITE OF PORT ANGELES AND LYING NORTHERLY OF TRACT "F" OF
SAID JAMES SAMPSON DONATION LAND CLAIM AS VACATED BY THE CITY OF PORT
ANGELES PER VACATION ORDINANCES #571 AND #2527 .
OLYMPIC PENINSULA TITLE COMPANY
TITLE INSURANCE - ESCROWS
AGENTS FOR
TRANSNCTION TITLE INSURANCE COMPANY
319-A S. Peabody
Port Angeles,WA 95362
**AMENDED** (360)457-4451
"_60)_457_4.525� W] E- -
SUBDIVISION CERTIFICATE
LD11 i
K 2 � 2���
ZENOVIC & ASSOCIATES AU
519 S . PEABODY ST. ST 22 CITY OE FORT ANGELES
PORT ANGELES WA 98362 ! Dept.of Commurity Development !
ATTN: BRAD LYMANGROVER
ORDER NO. 03076079
CHARGE: $75 . 00
SALES TAX: 6 . 15
DEAR SIR: TOTAL DUE: $81 . 15
IN THE MATTER OF THE SUBDIVISION TO BE SUBMITTED TO CLALLAM COUNTY
FOR APPROVAL, THIS COMPANY HAS EXAMINED THE RECORDS OF THE CLALLAM
COUNTY AUDITOR' S AND CLERK' S OFFICES, AND THE OFFICE OF THE CLERK OF
THE UNITED STATES DISTRICT COURT HOLDING TERMS IN SAID COUNTY. THIS
CERTIFICATE IS MADE FOR THE PURPOSE HERE SPECIFIED, AND IS NOT TO BE
USED AS A BASIS FOR CLOSING ANY TRANSACTION. LIABILITY IS LIMITED
TO THE AMOUNT PAID FOR THIS CERTIFICATE. FROM SUCH EXAMINATION, THE
COMPANY HEREBY CERTIFIES THE TITLE TO THE FOLLOWING DESCRIBED LAND,
IN SAID CLALLAM COUNTY, TO-WIT:
THAT PORTION OF TRACTS D, E AND F OF THE JAMES SAMPSON DONATION
LAND CLAIM, TOWNSITE OF PORT ANGELES, AS RECORDED IN VOLUME 2
OF PLATS, PAGE 61, RECORDS OF CLALLAM COUNTY, WASHINGTON,
BLOCKS 133 AND 134 TOGETHER WITH VACATED STREETS AND ALLEYS
ABUTTING THEREON, AS DELINEATED BY THE PLAT OF THE ORIGINAL .
TOWNSITE ,OF. PORT ANGELES, BLOCKS 14,. 15 , 16 AND. TOGETHER 'WITH
VACATED STREETS AND ALLEYS ABUTTING THEREON AND VACATED
RAILROAD AVENUE, PORT ANGELES TIDELANDS WEST OF LAUREL
AND HARBOR. AREA LEASE NO. :2.047 (INCLUDING FILL AREA):- THE HARBOR
AREA IN FRONT OF BLOCKS 14 AND 15 (WEST OF LAUREL STREET) AND
INTERVENING "H" STREET, SUPPLEMENTAL MAPS OF PORT ANGELES TIDELANDS;
HARBOR AREA LEASE NO. 2219, (INCLUDING FILL AREA) THAT PORTION
OF THE HARBOR AREA FRONTING BLOCKS 15 , 16 AND INTERVENING " I"
STREET, SUPPLEMENTAL MAP OF PORT ANGELES TIDELANDS WEST OF LAUREL
STREET.
LOCATED WITHIN THE FOLLOWING DESCRIPTION:
BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF MARINE
DRIVE AND THE CENTER LINE OF VACATED "K" STREET
THENCE NORTH 33 015 ' 19 " EAST, ALONG THE CENTERLINE OF VACATED "K"
STREET TO A POINT ON THE CENTERLINE OF THE VACATED ALLEY IN
SUBDIVISION CERTIFICATE - CONTINUED
ORDER NO. : 03076079
BLOCK 136 OF THE ORIGINAL TOWNSITE OF PORT ANGELES EXTENDED
ACROSS VACATED "K" STREET;
THENCE SOUTH 56 041 ' 23 " EAST 35 . 0 FEET TO THE EAST LINE OF VACATED
"K" STREET;
THENCE NORTH 33 015 ' 19 " EAST, 120 . 01 FEET TO THE SOUTH LINE OF
VACATED RAILROAD AVENUE;
THENCE NORTH 89 001 ' 31" EAST, 277 . 39 FEET, TO THE ANGLE POINT ON
THE INNER HARBOR LINE;
THENCE NORTH 79 040 ' 09" EAST, 409 . 64 FEET TO THE ANGLE POINT ON THE
OUTER HARBOR LINE;
THENCE SOUTH 22 047 ' 17 " EAST, ALONG THE 1935 OUTER HARBOR LINE,
TO THE NORTHEAST CORNER OF HARBOR AREA LEASE NO. 2047 ;
THENCE SOUTH 52 018 ' 49" WEST, 413 . 91 FEET TO A POINT ON THE
INNER HARBOR LINE;
THENCE SOUTH 22 047 ' 17 " EAST ALONG THE INNER HARBOR LINE 2 . 81 FEET;
THENCE SOUTH 51 010' 17 " WEST 746 . 62 FEET TO A POINT ON THE NORTH
LINE OF MARINE DRIVE;
THENCE NORTH 31 045 ' 23 " WEST ALONG THE NORTH LINE OF MARINE DRIVE
TO THE POINT OF BEGINNING.
SITUATE IN CLALLAM COUNTY, STATE OF WASHINGTON.
VESTED IN:
STATE OF WASHINGTON, AS TO THE HARBOR AREA LEASE NOS. 2047 AND
2219 AND PORT OF PORT ANGELES AS TO THE REMAINDER
EXCEPTIONSt
1 . TAXES AND ASSESSMENTS, IF ANY, NO SEARCH HAVING BEEN MADE THEREFOR.
2 . ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS
OR OTHER SERVITUDES, IF ANY, DISCLOSED BY SURVEY RECORDED UNDER
CLALLAM COUNTY RECORDING NO . 518914 .
RIGHTS OR BENEFITS, IF ANY, WHICH MAY BE DISCLOSED BY THE
RECORDED DOCUMENT(S) ABOVE AFFECTING LAND OUTSIDE THE BOUNDARY
DESCRIBED HEREIN.
Continued on next page
SUBDIVISION CERTIFICATE - CONTINUED
ORDER NO. : 03076079
3 . ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS
OR OTHER SERVITUDES, IF ANY, DISCLOSED BY SURVEY RECORDED UNDER
CLALLAM COUNTY RECORDING NO. 600890 .
RIGHTS OR BENEFITS, IF ANY, WHICH MAY BE DISCLOSED BY THE
RECORDED DOCUMENT(S) ABOVE AFFECTING LAND OUTSIDE THE BOUNDARY
DESCRIBED HEREIN.
4 . ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS
OR OTHER SERVITUDES, IF ANY, DISCLOSED BY SURVEY RECORDED UNDER
CLALLAM COUNTY RECORDING NO. 617722 AND CORRECTION RECORDED IN
VOLUME 918, PAGE 710, UNDER AUDITOR'S FILE NO. 651567 .
RIGHTS OR BENEFITS, IF ANY, WHICH MAY BE DISCLOSED BY THE
RECORDED DOCUMENT(S) ABOVE AFFECTING LAND OUTSIDE THE BOUNDARY
DESCRIBED HEREIN.
5 . ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS
OR OTHER SERVITUDES, IF ANY, DISCLOSED BY TERMINAL NO. 5 SURVEY
RECORDED UNDER CLALLAM COUNTY RECORDING NO. 2003 1104621 .
RIGHTS OR BENEFITS, IF ANY, WHICH MAY BE DISCLOSED BY THE
RECORDED DOCUMENT(S) ABOVE AFFECTING LAND OUTSIDE THE BOUNDARY
DESCRIBED HEREIN.
6 . RESERVATIONS CONTAINED IN DOCUMENT RECORDED UNDER CLALLAM COUNTY
RECORDING NO. 600599.
7 . AGREEMENT AND THE TERMS AND CONDITIONS THEREOF:
RECORDED: FEBRUARY 14, 2003
RECORDING NO. : 2003 1101459
REGARDING: POSSESSION AND USE
8 . AGREEMENT AND THE TERMS AND CONDITIONS THEREOF:
RECORDED: AUGUST 21, 1987
RECORDING NO. : 594883
REGARDING: AQUATIC LANDS MANAGEMENT
9 . MEMORANDUM AGREEMENT AND THE TERMS AND CONDITIONS THEREOF:
RECORDED: JULY 01 , 1988
RECORDING NO. : 605284
REGARDING : AQUATIC LANDS MANAGEMENT
Continued on next page
SUBDIVISION CERTIFICATE - CONTINUED
ORDER NO. : 03076079
10 . AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: pp,,
RECORDED: JULY 01, 2003
RECORDING NO. : 2003 1111708
REGARDING: POSSESSION AND USE
11 . MEMORANDUM OF LEASE:
LESSOR: PORT OF PORT ANGELES, AS MANAGER OF
AQUATIC LANDS
LESSEE: PORT OF PORT ANGELES
DATED: JUNE 30, 1988
RECORDED: JULY 01, 1988
RECORDING NO. : 605285
12 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
GRANTEE: CITY OF PORT ANGELES
PURPOSE: WATER PIPELINE
AREA AFFECTED: PORTION OF PROPERTY HEREIN DESCRIBED
RECORDED: MARCH 18, 1935
RECORDING NO. : 159459
13 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
GRANTEE: CITY OF PORT ANGELES
PURPOSE: SEWER OR DRAIN PIPE
AREA AFFECTED: PORTION OF PROPERTY HEREIN DESCRIBED
RECORDED: JUNE 11, 1943
RECORDING NO. : 206217
14 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
GRANTEE: STATE OF WASHINGTON
PURPOSE: INGRESS, EGRESS
AREA AFFECTED: PORTION OF PROPERTY HEREIN DESCRIBED
RECORDED: FEBRUARY 14, 2003
RECORDING NO. : 2003 1101460
15 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
GRANTEE: THE CITY OF PORT ANGELES, A MUNICIPAL
CORPORATION
PURPOSE: ELECTRIC TRANSMISSION AND DISTRIBUTION
LINE OR SYSTEM
AREA AFFECTED: PORTION OF PROPERTY HEREIN DESCRIBED
RECORDED: JUNE 20, 2003
RECORDING NO. : 2001 1110859
Continued on next page
SUBDIVISION CERTIFICATE - CONTINUED
ORDER NO. : 03076079
16 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
GRANTEE: STATE OF WASHINGTON
PURPOSE: INGRESS, EGRESS
AREA AFFECTED: PORTION OF PROPERTY HEREIN DESCRIBED
RECORDED: JULY 01, 2003
RECORDING NO. : 2003 1111708
17 . ANY LIEN OR LIENS THAT MAY ARISE OR BE CREATED IN CONSEQUENCE
OF OR PURSUANT TO AN ACT OF THE LEGISLATURE OF THE STATE OF
WASHINGTON ENTITLED "AN ACT PRESCRIBING THAT WAYS IN WHICH
WATERWAYS FOR THE USES OF NAVIGATION MAY BE EXCAVATED BY
PRIVATE, CONTRACT, PROVIDING FOR LIENS UPON LANDS BELONG TO THE
STATE, GRANTING RIGHTS OF WAY ACROSS LANDS BELONGING TO THE
STATE" , APPROVED MARCH 9, 1983 .
AFFECTS: TIDELANDS WEST OF LAUREL.
18 . THE EFFECT OF CHAPTER 24 OF LAW 1967, EXTRAORDINARY SESSION,
WHICH AUTHORIZES AND DIRECTS THE COMMISSION ON HARBOR LINE TO
RELOCATE THE INNER HARBOR LINE LYING SEAWARD OF SAID PREMISES
BY ESTABLISHING SAID INNER HARBOR LINE COINCIDENT WITH THE
EXISTING LINES OF ORDINARY HIGH TIDES.
AFFECTS: TIDELANDS WEST OF LAUREL.
19 , ANY RESTRICTIONS ON THE USE OF THE LAND RESULTING FROM THE
RIGHTS OF THE PUBLIC OR RIPARIAN OWNERS TO USE ANY PORTION
WHICH IS NOW, OR HAS BEEN, COVERED BY WATER.
RECORD EXAMINED THROUGH JULY 23 , 2003, AT 8 : 30 A.M.
OLYWPENIN TITLE C MPANY
BY: be
, ITLE EXAMINER
END OF SUBDIVISION CERTIFICATE
G
ORT NGELE-,,.,S
0,
=- - W A S H I N G T O N, U. S. A.
01 mm,� DEPARTMENT OF COMMUNITY DEVELOPMENT
TO: Port of Port Angeles
FROM: Brad Collins, Director
Department of Community Development
DATE: October 6, 2003
RE: PRELIMINARY SHORT PLAT DECISION-SHP 03-02
PORT OF PORT ANGELES - 1500 - 1700 Block Marine Drive
OWNER: Port of Port Angeles
PROPOSAL: Replat of property into two industrial lots
DECISION: The preliminary short plat is hereby approved with 2 conditions supported by the 15
findings and 3 conclusions shown as Attachment"A"to this report.
BACKGROUND:
The applicant has proposed the division of approximately 26.66 acres of industrially (IH)
zoned property into two new parcels. The new lots are proposed to be 20.06 (Parcel 1) and 6.60
(Parcel 2) acres in area which will exceed the 7,000 square foot minimum lot size required in the
Industrial,Heavy zone.
The entire property is under Port of Port Angeles ownership and has hosted a variety of �.
industrial uses including a lumber mill, log storage/handling and shipping uses. The lumber mill
building no longer exists but several office trailer uses remain on proposed Parcel 2. The proposed
division of property will allow the transfer of a portion of the site(Parcel 1)to the Washington State
Department of Transportation(WSDOT)for a graving dock use. Proposed Parcel 2 will be retained
by the Port and separated into four lease lots.
The site is located south of the Inner Harbor Line of the Port Angeles Harbor. The site is
identified as being in the Urban Harbor shoreline designation and is designated Industrial (I)on the
City's Comprehensive Plan Land Use Map.
Preliminary Short Plat-SHP 03-02 October 7,2003
Port of Port Angeles Page 2
COMPREHENSIVE PLAN:
The Comprehensive Plan establishes the long range goals and policies of the City. It is the
basis upon which City officials are to make land use decisions. Any project proposed in the City
must be consistent with the goals and policies of the Comprehensive Plan. The following goals and
policies appear to be the most relevant to the proposal:
Designation
The Comprehensive Plan and Land Use Map identifies the site as Industrial. There is only
one industrial category,providing maximum flexibility to the City's Zoning Ordinance in regulating
the types of industrial uses and their permitted locations.
The following goals,policies and objectives have been identified as being the most relevant
to the proposed subdivision:
GROWTH MANAGEMENT ELEMENT
Goal A: To manage growth in a responsible manner that is beneficial to the community as a whole, is sensitive to the
rights and needs of individuals and is consistent with the State of Washington's Growth Management Act.
LAND USE ELEMENT
Goal A: To guide current and future development within the City in a manner that provides certainty to its citizens about
future land use and the flexibility necessary to meet the challenges and opportunities of the future.
Policy A.2: All land use decisions and approvals made by the City Council and/or any of its appointed Commissions,
Boards or Committees should be consistent with the Comprehensive Plan and its land use map.
Goal G: To create and maintain a healthy and diverse industrial sector for a balanced and stable local economy.
Goal H: To provide opportunities for industrial development in a mannerwhich efficiently uses the community's various
attributes and natural resources, has minimal impact on the environment, and contributes to the City's quality of life.
Policy HA: Urban services shall be available for all industrial areas as required by the Capital Facilities Element
concurrency policy.
Policy H* Industrial activity should be located in two major areas: adjacent to the harbor and around the airport.
UTILITIES AND PUBLIC SERVICES ELEMENT
Policy C.2: All new utility services should be underground.
CAPITAL FACILITIES ELEMENT
Policy A.9: The City shall require concurrency at the time of development for the following utilities and services: streets,
water service, sanitary sewer service, and electrical service.
Policy A.10: The City should require the following utilities and services at the time of development: solid waste
collection,stormwater management,telecommunications service,and emergency services(police,fire and emergency
medical response).
Policy 8.3: The City shall not approve any development that is not served with water service at or greater than the
following level of service standards at the time of development: Industrial per Uniform Fire Code.
Preliminary Short Plat-SHP 03-02 October 7,2003
Port of Port Angeles Page 3
Policy BA The City shall not approve any development that is not served with sewer service at or greater than a level
of service standard of 300 gallons per day per person at the time of development.
Policy B.5: The City shall not approve any development that is not served with electrical service at or greater than a
level of service standard of 120/220 volts per service at the time of development.
ECONOMIC DEVELOPMENT ELEMENT
Goal A: To create and maintain a balanced and stable local economy with full employment and emphasis on
strengthening the community's traditional natural resource related industries as well as diversifying the overall economic
base.
Policy A.1: The City of Port Angeles should remain a major economic center on the North Olympic Peninsula, meeting
regional and local needs.
Policy A.4: The City should promote the diversification of the community's economic base by encouraging the location,
retention, and expansion of both timber and non timber related businesses. This could include various types of
manufacturing businesses such as value-added natural resource related products, computer related products, and
technical devices and components and other businesses such as research and development,retirement,tourism,retail
trade, marine,and ecology based enterprises.
Review of the above noted elements, goals, and policies of the City's Comprehensive Plan
indicates that the proposal is in compliance with the noted elements, goals,and policies as it allows
for the continued siting of industrial activities which have historically been dependent on locations
along the Port Angeles Waterfront for their operations.
ZONING:
The Zoning Ordinance is the primary implementing ordinance for the Comprehensive Plan.
It establishes what types of uses are permitted and where they may be located in the City. It also
establishes minimum design standards for such uses. Like the Comprehensive Plan, any project
proposed in the City must be consistent with the regulations of the zone in which it is located.
Surrounding areas are zoned Industrial,Heavy and are developed as log storage and transfer
areas, a paper mill, and residential uses south of Marine Drive above 100'plus marine bluff.
The Zoning Map identifies the site as Industrial Heavy(III). The purpose and intent of this
zone is as follows:
"The IH Zone is the least restrictive industrial zone intended to be areas in which heavy industry can
develop and where adverse impacts can be expected from permitted industrial uses that involve
hazardous materials, noise, air and water pollution, shift work around the clock, entertainment
businesses with adult-only activities, and outside storage yards and manufacturing activities. This
zone provides the basic urban land use pattern for heavy industrial uses with direct access to major
transportation facilities Design and landscaping requirements are not required for development in the
IH Zone. Standards of the IH Zone is as follows:
The minimum lot area is 7,000 square feet. All lots shall comply with the minimum area and dimensional
requirements as follows:
Minimum Yard Requirements: No buildings shall be constructed closer than 30 feet to any public right-of-way
line, nor closer than 15 feet to any property line when abutting commercial or residential zones. Unless deemed by the
City to be impractical,ineffective,or unnecessary, buffers shall be provided between industrial and other uses in order
Preliminary Short Plat-SHP 03-02 October 7,2003
Port of Port Angeles Page 4
to mitigate nuisance and hazardous characteristics such as noise, particulate matter in the air,water or odor pollution,
objectionable visual material,or other such impacts.
Maximum Building Height:75 feet. Height in excess of 75 feet may be allowed by conditional use permit and
may require increased setbacks.
Maximum Lot Coverage:None.
DEPARTMENT COMMENTS:
The Public Works and Utilities Department noted that the area is served by sanitary sewer and
water. Easements must be shown on the final plat identifying existing service lines.
The Fire Department has no objections to the proposed short plat. If required, fire hydrants shall
be placed per City Fire Department standards.
Attachment A
Preliminary Short Plat-SHP 03-02 October 7,2003
Port of Port Angeles Page 5
ATTACHMENT A
Conditions, Findings, and Conclusions for Preliminary Approval of SHP 03-02
Conditions:
1. The final plat shall be entitled "SHP 03-02 Port of Port Angeles" and shall identify the
addresses of the two new lots as 1501(Parcel 1) and 1701 Marine Drive (Parcel 2).
2. The final plat shall identify easements for utilities that exist.
Findings:
1. A preliminary short plat was submitted by Zenovic and Associates on behalf of the Port of
Port Angeles to create two (2) industrial building sites in the IH, Industrial Heavy zone on
August 22, 2003.
2. The subject property is approximately 26.60 acres in size and is located south of Marine
Drive,east of vacated"K"Street a distance of approximately 1192.02', and north to the Port
Angeles Harbor. The proposed lots will be 20.06 acres(Parcel 1) and 26.60 acres(Parcel 2)
in area.
3. The site is zoned IH, Industrial, Heavy which requires a minimum of 7,000 square feet per
building site. The III zone requires that all buildings be set back 30'from all public rights-
of-way and 15' from all property lines. There is no maximum lot coverage in the IH zone.
4. The site is located adjacent to the Port Angeles Harbor and partially within the shoreline area.
Property to the south,west, and east is owned by the Nippon Paper Industries.Directly south
property is owned by the Port of Port Angeles. North is the Port Angeles Harbor and
properties owned by the Department of Natural Resources. Further south of Marine Drive
single family residential home sites are located atop a 100'+marine bluff, which is located
between Marine Drive and the residential area. The City's Waterfront Trail is located along
Marine Drive adjacent to the site.
5. The area is designated as Urban Harbor(UH)on the City's Shoreline Master Program Map
and Industrial (1) on the City's Comprehensive Plan Land Use Map.
6. The proposal has been reviewed with respect to the goals and policies of the City's
Comprehensive Plan and the Land Use Map which requires concurrency for streets, water
service, sanitary sewer service and electrical service and has been found to be relevant to
the following goals and policies: Growth Management Element Goal A; Land Use Element
Goal A, Policy A.2, Goals G and H and Policy H.1 and 4; Utilities and Public Services
Element Policy C.2; Capital Facilities Element Policies A.9 and 10, and B.3., 4., and 5;
and Economic Element Goal A, Policies A.land 4.
7. Portions of"K" Street adjacent to the site were vacated in 1989. Therefore, that portion of
1 "K" Street north of Marine Drive is incorporated as a portion of proposed Parcel 2 of the
proposed plat.
Preliminary Short Plat-SHP 03-02 October 7,2003
Port of Port Angeles Page 6
S. The proposal is located on an arterial street. Both parcels receive access from Marine
Drive. The City's Waterfront Trail is located along the south boundary of the site.
9. Public notice of the proposal was placed in the Peninsula Daily News on August 29, 2003,
and the site was posted. No comments were received during the public comment period.
10. Sections 16.04.100 PAMC and 58.17.110(2) RCW require the Community Development
Director to determine that appropriate provisions for public health, safety and general
welfare, open spaces, drainage ways, streets, roads, alleys and other public ways, transit
stops,potable water supplies, sanitary wastes,parks and recreation,playgrounds, schools,
and all other relevant facts, including sidewalks and other planning features that assure
safe walking conditions for students who walk to and from schools have been considered
in the proposal.
11. Comments from the Port Angeles Public Works and Utilities Department, Fire
Department, and Building Division of Community Development have been considered in
this decision and addressed in the conditions of preliminary approval. Water and sewer
service are provided by the City of Port Angeles and are available to the property. When
requested, individual connections will be extended to various uses on the sites at the
property owner's expense. Refuse disposal is also provided by the City of Port Angeles.
12. Section 16.04.130 of the Port Angeles Municipal Code provides that the applicant/or
property owner shall submit a final short plat to the Department of Community
_Development within five (5) years of preliminary approval that is in compliance with the
approved preliminary short plat. Failure to submit a revised final short plat within five
(5) years from date of preliminary approval shall terminate the preliminary approval.
13. Prior to final short plat approval, the property must be surveyed and monumented in
accordance with Section 16.04.160 PAMC by a registered land surveyor. A title report
and information required by Section 16.04.160 PAMC shall be submitted with the final
plat.
14. Short subdivisions are categorically exempt from requirements of the State Environmental
Policy Act (SEPA) under WAC 197-11-800(6)(a). Development of the site will require
SEPA review because the site is located within an environmentally sensitive area
(shoreline). Development within 200' of the shoreline area will require approval of a
Shoreline Substantial Development Permit.
15. Environmentally sensitive areas exist on the site which is located on a shoreline area. A
Native American village site was discovered during excavation of the adjacent parcel in
preparation of a graving dock use. Future site development will be subject to further review
and, if construction is proposed, may be subject to the State Shoreline Management Act,
which could include cultural review elements, and the City's critical areas ordinance
thresholds prior to any proposed construction activity
Preliminary Short Plat-SHP 03-02 October 7,2003
Port of Port Angeles Page 7
Conclusions:
A. As conditioned, the proposal is consistent with the Port Angeles Comprehensive Plan,
Section 16.04 (Short Subdivision) of the Port Angeles Municipal Code, and the
Washington State Subdivision Act, Chapter 58.17 RCW.
B. Approval of the proposed short plat provides for the public health, safety and general
welfare of the community and serves the public use and interest.
C. Future development activities will require review and may require additional permitting
actions per the State Shoreline Management Act and City's critical areas ordinances.
E
(b b3
Brad dollins, Director bate
Community Development
Staff contact: Sue Roberds
cc: Public Works and Utilities Dept.
Fire Dept.
T:\SHP\POPA0302.wpd
2013-1303168
Page 1 of 1 Quit Claim Deed
Ron Erickson
Clallam County Washington 12/03/2013 02:47:06 PM
■III Pr1w a'10 HIdig 11 4?1 NIK' A ,11WI-1 11111
NO �/ ;CJ`°
CLALLAM COUNTY
TRANSACTION EX ISE TAX
After Recording Mail To: DATE
PAID EC - 3 2013
Ron Erickson AMOUNT
934 W.Lauridsen Blvd. COUNTY TREASU
Apartment#210 BY
Port Angeles,Washington 98363
QUIT CLAIM DEED
OLYMPIC MINISTRIES(Grantor),a registered nonprofit organization of Washington and doing business as the
new Chicago, Milwaukee & Puget Sound Railway Company; and for and IN CONSIDERATION of the sum of
one dollar($1.00 US Currency) and other goods and valuable consideration, the receipt and sufficiency whereof
are hereby acknowledged, we do hereby grant, convey, and QUIT CLAIM unto RONALD WESTELY
ERICKSON(Grantee),a resident of Port Angeles,Clallam County,as his separate estate and/or as doing business
in the State of Washington as the "RxR Depot and Railroad Company" all our assigned rights,title and interests,
either actual or potential, any present or future claims as well as all and every other kind of interest in Grantor's
property both tangible and intangible as herein described TOGETHER WITH ALL AFTER ACQUIRED TITLE
CLAIMS AND INTERESTS of Grantor/Assignor therein excepting only any actualized monetary settlements for
prior:inverse condemnations, frauds,or otherwise by any private or municipal corporation;
TO ALL THE FEE LANDS & ANY AND ALL REVERSIONARY INTERESTS in adjoining lands and city
streets,to Clallam County Assessor's Parcel 90630001900750000,PT SUB LOT 131 140 SQFT,sec. 33,T3 IN,R6W WM
situated and being in the city of Port Angeles, Washington State, described by a metes and bounds triangle
description on the corner of"K"Street&Marine Drive,land formally overlaid upon,over and across by a railroad
"right of way purposes only" deed with a reversion clause upon cessation of original railroad use, sold to the
Chicago Milwaukee, St. Paul&Pacific Railroad Company from the Puget Sound Mill& Timber Company, who
dissolved October, 7, 1925 by King County Superior Court Decree of Dissolution #184004, such railroad deed
recorded November 25, 1919 by Clallam County Auditor file#81051,Vol. 102 p 467,and in 1997 the fee lands to
such waere sold at County Tax Auction,Auditor file#199710015050000, such lands legally described as follows:
"Beginning at the intersection of the northerly line of Third Street North and the easterly line of"K"
Street, in said City of Port Angeles, and running thence northerly along the easterly line of said"K"
Street a distance of 13.00 feet; thence southerly along a straight line to a point in the northerly line of
said Third Street North distant 23.00 feet easterly measured along said northerly line, from the easterly
line of said"K" Street;thence westerly along the northerly line of said Third Street,North a distance of
23.00 feet to the point of beginning;containing an area of 140.00 square feet,more or less."
This conveyance is subject to general real estate taxes which are a lien but not yet delinquent or owing, AND may
or may not be subject to any and all covenants,leases,licenses, easements,restrictions,and conditions of any kind
or character, including but not limited to, building ordinances, codes or laws, public or private roadways and
alleys,whether or not of record. �t
THIS INSTRTJMENT is ex I by Olympic Ministries at yPln/ 1;this day of Nsveniber,2013.
by C-by-
�`tz�eP d� kson,President Lincoln Erickson,Secretary
i '� .... �9�j '
State of Washi�to-°°•°8TA ✓i i7ecevhbzv
County of Cl age * �l - %;P%vaed or attested before me on this 9 t),A day of Ne ber,2013
FEB 22,2015 s — by " '
_ ° — NotalU
p�,� G appointment expires: ebJc c�v� , ),b\S-
2013-1303169
Page 1 of 2 - Assignment
Ron Erickson
Clallam County Washington 12/03/2013 02:47:06 PM
®III RIPAID10',&%*LPO",Uylk11% V 1411"), 11111
After Recording Mail To:
Ron Erickson
934 W. Lauridsen Blvd.
Apartment#210
Port Angeles,Washington 98363
ASSIGNMENT
OLYMPIC MINISTRIES (Assignor), a registered nonprofit organization of Washington and doing
business as the new Chicago, Milwaukee & Puget Sound Railway Company; and for and in
consideration of the sum of one dollar ($1.00 US Currency) and other goods and valuable
consideration, the receipt and sufficiency whereof are hereby acknowledged, do hereby specifically
ASSIGN and convey to RONALD WESTELY ERICKSON (Assignee), a resident of Port Angeles,
Clallam County, as his separate estate and/or as doing business in the State of Washington as "RxR
Depot and Railroad Company" all our ASSIGNED rights, and interests, either actual or potential, as
well as any and all past or present claims of every other kind of interest both tangible and intangible to
Clallam County Assessor's Parcel # 0630001900750000, PT SUB LOT 131 140 SQFT, located in sec. 33,
T3 IN,R6W WM,known herein as"The Property" and later legally described;more specifically:
THE ASSIGNMENT of all Olympic Ministries prior rights, interests and issues concerning and in
regard to "The Property" herein identified, including but not limited to: (1) Assignor's Torrens
Registration Petition,RCW 65.12 filed in Clallam County Superior Court#12 2 00884 4; (2)Any and
all Assignor's water and hydroelectric production rights attached to "The Property"as noted in a 1913
Water Location Deed by Puget Sound Mill&Timber Co., Clallam County Auditor's water rights' file
Vol. 4 p 391, discovered and claimed by Ron Erickson in our behalf, (3) Assignor's right to bring a
claim against the Port of Port Angeles for an inverse condemnation in granting an improper power
easement right along with a temporary ingress and egress easement over "The Property" as well as
authorizing incorrect surveys and plat maps; (4) Assignor's right to bring a claim against the City of
Port Angeles for wrongfully quit claiming lands to other entities in the 1989 and 2004 "K" Street
vacation procedures, city ordinance #2527 & #3171, as well as all other street vacations adjoining
reversionary lands attached to "The Property;" for authorizing both a wrongful short plat map, deed
AF#2004-1132724 that did not conform to the city's approved preliminary plat map; and Binding Site
Plan AF# 2004-1134731; for placing electric power poles and lines on, over, along and across "The
Property,"as well as the current,wrongful use of Marine Drive for a public highway in violation to the
specific street dedication.of Puget Sound Mill & Timber Company AF# 61835 by activating the
reversion clause to such; (5)Assignor's right to bring claim against Nippon Paper Industries USA Co.,
Ltd., 1815 Marine Drive, Port Angeles, for wrongful use of portions of"K" Street (vacated) lying
north and south of Marine Drive as well as a land claim within their survey AF# 1988-0600890, lying
under what was formally Seaview and now called Marine Drive, rightfully belonging to Assignor; (6)
Assignor's right to bring action against Clallam County for wrongfully mapping tax deeds AF#
19971001505000 &AF# 19981040634; (7)Any other Assignor's lawful claim or claims arising from,
out of or resulting or to result from the PAST improper handling of"The Property"by title companies,
surveyors and/or individuals, both municipal, corporate or otherwise, denying Assignor's constitution-
al and state rights in regard to "The Property," including but not limited to fraud, bad faith, mis-
representations, 42 USC sec. 1983 or otherwise; and (8) Any and all Assignor's rights that Olympic a
Ministries' corporate officers may have collectively or as individuals in regard to damages both actual
and emotional due to undue stress, loss of time or resources in regard to violations of ethical or
constitutional rights; (9)Assignor does hereby also ASSIGN any and all statutory liens or otherwise
Olympic Ministries may have established in regard to the support of development of"The Property"
for public or private use or any use presently or potentially lawful in Washington State including and
not limited to railroad right of way development uses Assignor may have established by quit claim
deed, statutory liens, or otherwise by tiling corporate amendments with the Washington Secretary of
State's office, inclusive of and not limited to any and all alternative transportation such as rail,
magnetic, solar or other powered transportation development,research facilities,terminal or any other
use authorized by the U.S. government, Washington State, or Clallam County for the lands and
adjoining property; and (10) Assignor does also grant Assignee all Assignor's interests in creating a
toll gate use of any all of"The Property's"reversionary property interests in Marine Drive:
TO ALL THE FEE LANDS &ANY AND ALL REVERSIONARY INTERESTS in adjoining lands
and city streets, situated and being in the city of Port Angeles, Clallain County, Washington State,
described by a metes and bounds triangle description on the corner of"K"Street&Marine Drive, land
formally overlaid upon, over and across by a deed for "right of way purposes only" with a reversion
clause upon cessation of original railroad use sold to the Chicago Milwaukee, St. Paul & Pacific
Railroad Company from the Puget Sound Mill & Timber Company, who dissolved October, 7, 1925
by King County Superior Court Decree of Dissolution #184004, such railroad deed recorded
November 25, 1919 by Clallam County Auditor file#81051,Vol. 102 p 467,and later sold at the 1997
Clallain County Tax Auction, Auditor file 4199710015050000, such lands legally described as
follows:
"Beginning at the intersection of the northerly line of Third Street North and the easterly
line of"K" Street, in said City of Port Angeles, and running thence northerly along the
easterly line of said"K"Street a distance of 13.00 feet;thence southerly along a straight line
to a point in the northerly line of said Third Street North distant 23.00 feet easterly measured
along said northerly line, from the easterly line of said"K"Street;thence westerly along the
northerly line of said Third Street, North a distance of 23.00 feet to the point of beginning;
containing an area of 140.00 square feet,more or less."
THIS INSTRUMENT is executed by Olympic Ministries at niv/1), 2 5 day of Nov., 2013.
by
d Arickson,Pdnt Lincoln Erickson, S ceit y Ronal
State of Washington )
County of Clallam )
Signed or attested before me at_`a nnv on this �,5�h day of November,2013.
by
PON°l°N.��°rte/ o ary
s
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FEB 22,2015 t N
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