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Hard File Scanneds 1 City of Yelm Invoice No. CDD-03-074 Community Development Department INVOICE - --- ~.usiomer Name Ken Reichel Address 17511 Fennel Road City Yelm State WA ZIP 98597 Phone Date 2/3/03 Order No. Reichel BLA Rep BLA-02-8330-YL FOB OtY DescriFtEon Unit Price TOTAL 1 Thurston County Recording Fees $95.00 $95.00 Payment Details SubTotal $95.00 Shipping & Handling $0 00 . O Cash Taxes WA O Check O TOTAL $95.00 Office Use Only City of Yelm Community Development Department P.O. Box 479 Yelm, WA 98597 (360) 458-3835 fax (360) 458-3835 THANK YOU w _ ~ ~ Z f ^ LL! ~ ~ ^^ ! ~S.J N 0 Z x x M ~ ~ d ~ ~ W t ` W z m' m ~ m o ~ m a .~ E a H W U O W z a ~ '"' ~ :n ~ ~ x o N W U] `. Zi ' Z M a W w w m ax r_~ , Q ~ w ~ p in iJ E m m u] W m ~ Ha N ~ U' ~ m fl] a a a a a ca w H W i. >+ 0 O ~~~ E1 X ° ~ z ° ra ~ [O 2~ ,d. Hw Z p ~ o ~~ ~a~,M ~ ~ a ; awao U ~- ~ U wzm * w x ~ [C ~ W r.~ (~ T.R,E ~' p H w 3 c _ W =' ~ a ~ ,= as ~ w ~-+ x v z~a ~. DI$d ~ w r w . r m M m i A A c~ w w w z H A a 0 w a City of Yelm Community Development Department P.O. Box 479 Yelm, WA 98597 (360) 458-3835 (360) 458-3144 FAX Memorandum To: Ken Reichel From: Tami Merriman, Assistant Planner Date: February 3, 2003 Re: Recorded Documents Mr. Reichel: The City has received the recorded Boundary Line Adjustment for your property. Attached please find an invoice in the amount of $95.00 for recording fees. Once this invoice is paid, you can pick up your copies or I can mail them to you. If you have any questions, please give me a call. I can be reached at 360-458-8496. Sincerely, Tami Merriman G:\Community Development\Project Files\BLA Boundary Line Adjustment\8330 Reichel\memo.doc ~~~' .: Per.....e.....oo eturn Address ity of Yelm ami Merriman O Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Boundary Line Adjustment Map; BLA-02-8330-YL 2. 3. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Reichel, Kenneth 2. Reichel, Lillian Grantee(s) (Last name, first name, middle initial) 1. The Public 2. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) Portion of SE 1/a, NE'/a, Section 24, TWP 17 N, Rg. lE WM Assessor's Property Tax Parcel/Account Number: 21724140700,21724140600 3497452 Page 1 of 5 rrrv n~ ti~ri M RI AM s69 AA ThurstanACo~iWAQP BOUNDARY LINE ADJUSTMENT #BLA~~-~33~~1- BOUNDARY LINE ADJUSTMENT MAP ~ NW COR, PORTION OF: NE COR. SE1/4, SE1/4. NE1/4. SEC.24, T17N, RiE, W.M• SE1/4, NE1/4 N88' NEi/4 20' 29 58 W 1327.44 338.6!' 567_ne' 65.99' a I .~ PARCEL A z i ~ a~A-eo~a ~ o z~ Lyp L9 ~S I ~ C 20' ~' ~~, PARCEL B ~~ ~~ " BLA-8038 ~. HOUSE ~ ~"S1. ~ ~ ~.'rJ . oLU-~ ' ~ y~ o°' ~2 h' ..~- R'0."h ~p~ ® GARAGE ~~~ ® SEPTIC TANK ~~~ ~ PARCEL '~~ A BEARING DISTANCE Li S38'48'37"W 343.69' L2 551'11'23"E 36.05' L3 N38'33'47"E 69.33' L4 S51'11'25"E 319.84' L5 N51'11'25"W 220.00' L6 N27'53'25"E 290.35' L7 S51'11'25"E 143.56' L8 N01'15'!3"E 145.7!' L9 N83'48'51"E 231.19' L10 N74'58'10"W 15.17' L11 N01'15'13"E 314.64' GRAPHIC SCALE: 1"=200' 0 200 400 THIS IS AN UNSURVEYED BOUNDARY LINE ADJUSTMENT PARCEL 4e B 'e~ ~s. -~ •' " 335.79 ' "' ~~ 2^P~ ~ boa `o ~ .~J~90S ~~?~ vs ~~~~~ \~~ N W E S PUMP HOUSE (NOT IN USE) NEW LINE IS 6'CHAIN-LINK FENCE AS EXISTING DECEMBER 26, 2002 G1UIT CLAIM DEED 3158441 OWNERSHIP IN THIS VICINITY NOT DETERMINED HEREON. SURVEYOR'S NOTES THE HOUSE, GARAGE, PIMP HOUSE. SEPTIC TANK AND DRAINFIELD AS SHOWN HEREON WERE SCALED FROM BLA-8038. THE LOCATION OF THE "NEW LINE" WAS DETERMINED BY THE OWNER. 80TH PARCELS ARE IN THE COMMON OWNERSHIP ~ KENNETH REICHEL. THIS MAP DOES NOT PROPORT TO SHOW ANY FENCES AND/OR OTHER SIGNS OF OCCUPATION OR POSSESSION, NOR ALL EASEMENTS, RESTRICTIONS AND RESERVATIONS WHICH MAY AFFECT THIS PARCEL. Geomatics Land Surveying P.O. Box 2550 Yelm, Washington 98597-2550 CERTIFICATION OF CONFORMANCE I HEREBY CERTIFY THAT THIS BOUNDARY LINE AD~JSTMENT CONFORMS WITH THE RE(~UIREMENTS aF THE PLATTING AND SUBDIVISION ORDINANCE AS THE ADJUSTMENT DOES NOT CREATE ANY NEW LOTS CONTAINING INSUFFICIENT LOT AREA AND DIMENSIONS TO MEET THE MINIMUM RE(~UIREMENTS FOR WI(1TI+~AND AREA FBFDBUILDINN~ SITES. ./ O ~' ~ 9 >-oo A ~ ~ ~ `'~ '~ ~:P~ EPARTMENT DATE ~~ . °~~~~~~! ~ MTN VIEW ~ RD OL IA ~ KILLION gj~ rs,9~,y RD Sl~`F CULRLD NS J ~ i+~ (~# Yel X1'1 ~ BERRY TO VALLEY yE~ VICINITY MAP RD N.T.S. DEC, 27, 2Gc~2 3497452 Page z o£ 5 01tP3!2003 01~59P rrrv nc vii M RI AM ~,q AA Thurston Co, WA FOR AUDITOR'S USE ONLY Boundary Line Adjustment # BLA~'U~- 8',~d ` yL ORIGINAL LEGAL DESCRIPTION OF PARCELS Parcel A -Tax Parcel No. 21724140700 originally described as follows: Parcel A of Boundary Line Adjustment No. BLA-8038 as recorded January 13, 1992 under Auditor's File No. 9201130177; In Thurston County, Washington. The preceding description per Chicago Title Insurance Company's Plat Certificate, Schedule A, Order No.: 2012352, Legal Description, Parcel A. Records examined to March 4, 2002 at 8:00 AM. TOGETHER WITH That portion of the Southeast Quarter of the Northeast Quarter of Section 24, Township 17 North, Range 1 East, W.M., described as follows: Commencing at the Northeast Corner of said Southeast Quarter of the Northeast Quarter; thence North 88°29'58" West along the North line of said Southeast quarter, a distance of 968.82 feet to the Northeasterly Corner of Parcel A of Boundary Line Adjustment No. BLA-8038 as recorded January 13, 1992 under Auditor's File No. 9201130177, being the Point of Beginning of this description; thence South 51°11'25" East along the Northeasterly Line of said Parcel A, a distance of 319.84 feet to the Easterly Corner of said Parcel A; thence North 38°48'35" East along the Northeasterly Extension of the Southeasterly Line of said Parcel A, a distance of 40.00 feet; thence North 51°11'25" West, a distance of 267.35 feet to the North Line of said Southeast Quarter; thence North 88°29'58" West along said North Line, a distance of 65.99 feet to the Point of Beginning. Containing 0.27 acres, more or less. Situate in the County of Thurston, State of Washington. Subject to easements, restrictions and reservations of record Parcel B -Tax Parcel No. 21724140600 originally described as follows: That part of the Southeast Quarter of the Northeast Quarter of Section 24, Township 17 North, Range 1 East, W.M., described as follows: Beginning at the Northeast Corner of said Southeast Quarter of the Northeast Quarter; thence South 89°11'05" West 321.04 feet to the True Point of Beginning; thence South 13°46' East 32.87 feet; thence South 36°29'30" West 333.4 feet; thence North 53°30'30" West 489.8 feet; thence North 89°11'05" East 581.34' to the True Point of Beginning; Excepting therefrom any and all public road and way. Also except that portion deeded to East Haven Villa L.L.C. as recorded June 5, 1998 under Auditor's File No. 3158441. In Thurston County, Washington. The preceding description per Chicago Title Insurance Company's Plat Certificate, Schedule A, Order No.: 2012352, Legal Description, Parcel B. Records examined to March 4, 2002 at 8:00 AM. Subject to easements, restrictions and reservations of record. 3497452 Page 3 0£ 5 01!23!2003 01~59P rTrv nc vri M RI RM SR9 AN Thurston Coy WA Boundary Line Adjustment # BLAI~/)r~-~3,3Q - `~L NEW LEGAL DESCRIPTION OF PARCEL A Parcel A of Subdivision #BLA~ o .~- R3 ~_ ~C. described as follows: That portion of the Southeast Quarter of the Northeast Quarter of Section 24, Township 17 North, Range 1 East, W.M., described as follows: Commencing at the Northeast Comer of said Southeast Quarter of the Northeast Quarter; thence North 88°29'58" West along the North line of said Southeast Quarter, a distance of 1307.44 feet to the Easterly Margin of NW Killion Road; thence South 01°15'13" West along said Easterly Margin, a distance of 314.64 feet to the Point of Beginning of this Description; thence North 83°48'51" East along asix-feet high Chain-Link Fence, a distance of 231.19 feet to the Easterly end of said Fence; thence South 74°58'10" East, a distance of 15.17 feet to the most Northerly Corner common to Parcels A and B of Boundary Line Adjustment No. BLA-8038 as recorded January 13, 1992 under Auditor's File No. 9201130177; thence South 27°53'25" West along the line common to said Parcels A and B, a distance of 290.35 feet to the Northerly Margin of W Yelm Avenue; thence North 51°11'25" West along said Northerly Margin, a distance of 143.56 feet to the Easterly Margin of NW Killion Road; thence North 01°15'13" East along said Easterly Margin, a distance of 145.71 feet to the Point of Beginning. Containing 0.89 Acres, more or less. Situate in the County of Thurston, State of Washington. Subject to easements, restrictions and reservations of record. I hereby certify that the above legal descriptions are accurate and in compliance with the Subdivision Code. Submitted this Z7 T~ day of DEC EM ~EQ 2002. DEN~-~S rZ. f3AKEr2, PAS Name of Title Company of Surveyor ,~ ,e ~_ Signature 3497452 Page ~ 4 0#' S rtra~ n~ vFi M RI AM ~9 AA ehurs~o00Co01WA9P Boundary Line Adjustment # BLAB f~~- S~ ~~- `~ L NEW LEGAL DESCRIPTION OF PARCEL 6 Parcel B of Subdivision #BLAIJw~ ~$33~ - ~_described as follows: That portion of the Southeast Quarter of the Northeast Quarter of Section 24, Township 17 North, Range 1 East, W.M., described as follows: Commencing at the Northeast Corner of said Southeast Quarter of the Northeast Quarter; thence North 88°29'58" West along the North Line of said Southeast Quarter, a distance of 335.79 feet to the Northwesterly Corner of Lot 2 of SS- 0427 as recorded December 30, 1976 in Volume 4 of Short Plats on Pages 294 - 301 under Auditor's File No. 985379, being also the Northwesterly Corner of Quit Claim Deed recorded June 5, 1998 under Auditor's File No. 3158441 and being the Point of Beginning of this Description; thence South 38°48'37" West along the Northwesterly Line of said Lot 2 and said Quit Claim Deed, a distance of 274.36 feet to the most Westerly Corner of said Lot 2 and said Quit Claim Deed; thence South 51°11'23" East along the line common to Lots 1 and 2 of said SS-0427, being the Southwesterly Line of said Quit Claim Deed, a distance of 36.05 feet to the most Southerly Corner of said Quit Claim Deed; thence South 38°33'47" West, a distance of 69.33 feet; thence North 51°11'25" West, a distance of 36.35 feet to the Northwesterly Line of said Lot 1; Note: Ownership of the area of overlap of the descriptions of the Original Parcel B of this Boundary Line Adjustment and of said Lot 1 is not determined hereon; thence continuing North 51 ° 11'25" West, a distance of 183.66 feet to the most westerly corner of Tract 11 of the Unrecorded Plat of Solberg's Garden Tracts, which is on file at the Survey Office of the Department of Natural Resources; thence South 38°48'35" West, a distance of 40.00 feet to the most Easterly Corner of Parcel A of SS-8038 as recorded January 13, 1992 in Volume 11 of Boundary Line Adjustments on Page 562 under Auditor's File No. 9201130177, being also the most Easterly Corner of Tract 13 of said Unrecorded Plat; thence South 38°48'35" West along the Southeasterly Line of said Parcel A, a distance of 285.09 feet to the most Easterly Corner common to Parcels A and B of said SS- 8038; thence North 51°11'25" West along the line common to said Parcels A and B, a distance of 220.00 feet to the most Northerly Corner common to said Parcels A and B; thence North 74°58'10" West, a distance of 15.17 feet to the Easterly end of a six-feet high Chain-Link Fence; thence South 83°48'51" West along said Fence, a distance of 231.19 feet to the Easterly Margin of NW Killion Road; thence North 01°15'13" East along said Easterly Margin, a distance of 314.64 feet to the North Line of said Southeast Quarter; thence South 88°29'58" East along said North Line, a distance of 971.64 feet to the Point of Beginning. Containing 5.86 Acres, more or less. Situate in the County of Thurston, State of Washington. Subject to easements, restrictions and reservations of record. I hereby certify that the above legal descriptions are accurate and in compliance with the Subdivision Code. Submitted this 27 TN day of DEC EM f3E,~ 2002. DE~1~1~5 t2.6AKErQ , PL5 Name of Title Company of Surveyor ~~~ Signature 3497452 Page 5 of 5 rrTV nr ~~Fi M 01t~3/~003 01 ~59P REAM SE9 AA Thurston Ca, WR eturn Address ity of Yelm ami Merriman 0 Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Declaration of Boundary Line Adjustment; BLA-02-8330-YL 2. 3. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Reichel, Kenneth 2. Reichel, Lillian Grantee(s) (Last name, first name, middle initial) 1. The Public 2. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) Portion of SE 1/a, NE 1/a, Section 24, TWP 17 N, Rg. 1E WM Assessor's Property Tax Parcel/Account Number: 21724140700,21724140600 3497451 r t rw nc vci M n~-r ~~ as @M urs /p@@3 01$ 59F ton Co, Wp DECLARATION OF BOUNDARY LINE ADJUSTMENT AND COVENANTS KNOW ALL MEN BY THESE PRESENTS: That we the undersigned having a real interest in the tract of land described by the declaration; and do hereby declare the herein described adjustment of land certified as Boundary Line Adjustment Number 02-8330-YL, on the 30th day of December , 2002, by the Community Development Department, subject to the following covenants and conditions: 1. That all subsequent deeds will contain provisions for private roads in the manner described herein. 2. That all maintenance of any private road described by this declaration shall be by the owners of the parcels having legal access therefrom or their heirs, assigns, or successors, unless and until such roads are improved to the subdivision standards and dedicated to and accepted by the appropriate governmental jurisdiction. 3. That any private road will be subject to the further right of the grantor or his successor and of any telephone, electric, gas, water, or sewer company, public or private, to lay or cause to be laid and the right of ingress or egress for the purpose of maintaining telephone, electric, gas, water or sewer pipes, mains, or conduits across a described portion of such road. 4. That with respect to any private road described by this declaration whether it remains private or becomes a dedicated road, there is the additional right to make all necessary slopes for cuts and fills; and the rights to continue to drain said roads and ways over and across any lot or lots where the water might take a natural course upon reasonable grading pursuant to improvement for dedication of the roads and ways shown herein. Following reasonable grading pursuant to improvement for dedication of the roads and ways shown herein, no drainage waters on any lot or lots shall be diverted or blocked from their natural course so as to discharge upon any public road rights-of-way or to hamper proper road drainage. 5. That the adjusted legal description of each of the tracts being adjusted is attached hereto and incorporated by reference as though fully set out herein. 6. That additional covenant, easements, restrictions, if any, solely for the benefit of the grantor, and his heirs, successors, and assigns enforceable only by such persons, are attached hereto either as exhibits or as previously recorded under Auditor's File Number and incorporated by reference as though fully set our herein. That these covenants are for the mutual benefit of the grantor and his heirs, successors and assigns and are for the further purpose of compliance with the resolutions and regulations of the appropriate local governmental jurisdiction, and the local government and such persons are specificaify given the right to enforce these restrictions and reservations by injunction or other lawful procedure and to recover any damages resulting from such violation. DATED this day of ~ ~ , 20 ~' K Grantor Grantor r_ ~ ~; f :. ~_t Grantor Grantor 3497451 Page ~ ~ of 8 011~3!~003 01~59P rrTV nF vii M nFr. ~?s AA Thurston Ca, WR STATE OF WASHINGTON ) ss. COUNTY OF THURSTON ) On this day personally appeared before me ~~^ ~~r ~ .~~ ~-- ~. ~' `~,~..;~..._ ,~ '~ to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. r ~•- ~ GIVEN under my hand and official seal this~~ day of; % •n ~~~ ~~ , 20~. =~~ fit. aAE~ -f~~ + a ~ ~~ .r ~ f~, y , ~ Ldp / ~'i .rye IC r` NO RY PUBLIC vnd f the State of r. I~1 ~~`~~•.'~ j+:-C. .~% Washington residing at ~~ STATE OF WASHINGTON ) ss. COUNTY OF THURSTON ) On this day personally appeared before me to me known to be the individual- described in and who executed the within and foregoing instrument, and acknowledged that mentioned. signed the same as free and voluntary act and deed, for the uses and purposes therein GIVEN under my hand and official seal this day of , 20 NOTARY PUBLIC in and for the State of Washington residing at AUDITOR'S CERTIFICATE File for record at the request of this day of and recorded in Volume ,, at minutes past o'clock . m, of Large Lot Subdivisions on page , records of Thurston County, Washington. Thurston County Auditor By: Deputy 3497451 Page 3 of 8 011~31r?003 01~59P f TTV f1F VFI M CIFC 4~F AA Thurston Co, WR 20 CHICAGO TITLE INSURANCE COMPANY •• 3315 PACIFIC AVE SE #D-1B, OLYMPIA, WA 98501 PLAT CERTIFICATE Order No.: 2012352 Certificate for Filing Proposed Plat: In the matter of the plat submitted for our approval, this Company has examined the records of the County Auditor and County Clerk of THURSTON County, Washington, and the records of the Clerk of the United States Courts holding terms in said County, and from such examination hereby certifies that the title to the following described land situate in said THURSTON County, to-wit: SEE SCHEDULE A (NEXT PAGE) VESTED IN: KENNETH M. REICHEL AND LILLIAN M. REICHEL, HUSBAND AND WIFE EXCEPTIONS: SEE SCHEDULE B ATTACHED CHARGE: $200.00 *TAX: $16.00 Records examined to MARCH 4 , 2002 at 8:00 AM By MARK A KARJALAHTI Title Officer (360)456-7878 3497451 01~1~3?2003 0>,~A9P ter,,,, ~~ uci r, OEC X26.00 Thurston Co CHICAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE A (Continued) Order No.: 2012352 LEGAL DESCRIPTION PARCEL A: PARCEL A OF BOUNDARY LINE ADJUSTMENT NO. BLA-8038 AS RECORDED JANUARY 13, 1992 UNDER AUDITOR'S FILE NO. 9201130177; IN THURSTON COUNTY, WASHINGTON PARCEL B: THAT PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 17 NORTH, RANGE 1 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE SOUTH 89° 11' 05" WEST 321.04 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 13° 46' EAST 32.87 FEET; THENCE SOUTH 36° 29' 30" WEST 333.4 FEET; THENCE NORTH 53° 30' 30" WEST 489.8 FEET; THENCE NORTH 89° 1' 05" EAST 581.34 FEET TO THE TRUE POINT OF BEGINNING; EXCEPTING THEREFROM ANY AND ALL PUBLIC ROAD AND WAY. ALSO EXCEPT THAT PORTION DEEDED TO TO EAST HAVEN VILLA L.L.C. AS RECORDED JUNE 5, 1998 UNDER AUDITOR'S FILE NO. 3158441. IN THURSTON COUNTY, WASHINGTON 3497451 r r rv nc vci M nFr. ~F AA Th gr , 5 of 8 01r'P31P003 01~59P st ~n Co, WR PLP.7'CRTL/RDA/0999 CHICAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE B Order No.: 2012352 This certificate does not insure against loss or damage by reason of the following exceptions: GENERAL EXCEPTIONS: A. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. B. Rights or claims of parties in possession not shown by the public records. C. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. D. Easements or claims of easements not shown by the public records. E. Any lien, or right to lien, for contributions to employee benefit funds, or for state workers' compensation, or for services, labor, or material heretofore or hereafter furnished, all as imposed by law, and not shown by the public records. F. Liens under the Workmen's Compensation Act not shown by the public records. G. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity or garbage removal. H. General taxes not now payable; matters relating to special assessments and special levies, if any, preceding or in the same becoming a lien. 1. Reservations or exceptions in patents or in Acts authorizing the issuance thereof; Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. J. Water rights, claims, or title to water. K. THIS REPORT IS ISSUED AND ACCEPTED UPON THE UNDERSTANDING THAT THE LIABILITY OF THE COMPANY SHALL NOT EXCEED ONE THOUSAND DOLLARS($1000.00). 3497451 Page 6 0£ 8 011^c3r'c003 01~59P rrTV n~ vFi n nFr. ~F AA Thurston ~a, WR PLATCRTB/RDA/0999 CHICAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE B (Continued) Order No.: 2012352 EXCEPTIONS A a 1. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES): YEAR: TAX ACCOUNT NUMBER: LEVY CODE: ASSESSED VALUE-LAND: ASSESSED VALUE-IMPROVEMENTS: GENERAL & SPECIAL TAXES AFFECTS: PARCEL A 2002 21724140700 170 $ 171,950.00 $ 20,100.00 BILLED: $ 2,558.88 PAID: $ .00 UNPAID: $ 2,558.88 2. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES): YEAR: 2002 TAX ACCOUNT NUMBER: 21724140600 LEVY CODE: 170 ASSESSED VALUE-LAND: $ 47,900.00 ASSESSED VALUE-IMPROVEMENTS: $ .00 GENERAL & SPECIAL TAXES: BILLED: $ 655.10 PAID: $ .00 UNPAID: $ 655.10 AFFECTS: PARCEL B c 3. RIGHT, TITLE AND INTEREST OF THE OWNER OF LOT 1 OF SHORT SUBDIVISION NO. SS-0427 AS RECORDED DECEMBER 30, 1976 UNDER AUDITOR'S FILE NO. 985379 TO THAT PORTION OF SAID PREMISES AS SHOWN AS AN OVERLAP ON THE FACE OF SURVEY RECORDED DECEMBER 9, 1997 UNDER AUDITOR'S FILE NO. 3124146. n AFFECTS: PARCEL B x 4. RIGHT OF YELM IRRIGATION DISTRICT OR ITS SUCCESSORS TO CONSTRUCT, REPAIR AND MAINTAIN CANALS, FLUMES AND LATERALS, ON, OVER AND ACROSS SAID PREMISES AS DISCLOSED BY INSTRUMENTS OF RECORD. a 5. AGREEMENT AND EASEMENTS INCLUDING THE TERMS AND CONDITIONS THEREOF: BETWEEN: KENNETH M. REICHEL AND LILLIAN M. ~~YIN~~InIB~IIINIM~IIIII~Vplpl e°n'=~3'e°.3P CHICAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE B (Continued) Order No.: 2012352 REICHEL, HUSBAND AND WIFE AND: JAMES CAPEZIO AND JANE ELIZABETH CAPEZIO, HUSBAND AND WIFE AND JEFFERY MARSHALL AND JAN MARSHALL, HUSBAND AND WIFE RECORDED: JANUARY 21, 1992 AND JULY 27, 1993 RECORDING NUMBER: 9201210273 AND 9307270118 REGARDING: TEMPORARY EASEMENT FOR DRAINFIELD OVER PARCEL A F 6. COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, DEDICATIONS, AGREEMENTS AND NOTES, AS CONTAINED IN BOUNDARY LINE ADJUSTMENT NO. BLA-8038, RECORDED UNDER RECORDING NUMBER 9201130177. END OF SCHEDULE B 3497451 Page 8 of $ 01/2313003 01~59P f TT4 f1F 4CI M nFr. ~R AA Thurston Co, WR CITY OF YtLNI DEFERRED DOCUMENT RE ORDING COVER SHEET DATE: / l C~~ Name: ~ ~ ' ~ ~L~~~~ Department:~~~UV ~ ~ ~~ Sianatu~e~~//G=~~ ~1~ ~~ ~~~~~~~G~`~~~ Phone:.~~~~ ` C~sO r ~C~U/ BATCH - _.. ~ n -~ _ _ 1 ~ 5 ~~. 17. 18. >1~9. o: __ r S TOTAL: ~ $ OF O~ PAGES ~~ : -FEE .. ,, , . >. ,.,. (FOR AUDITOR'S USE ONLY) RECORDING: S SURCHARGE#1 S' SURCHARGE #2 $___ .eturn Address 'ity of Yelm ami Merriman O Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Declaration of Boundary Line Adjustment; BLA-02-8330-YL 2. 3. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Reichel, Kenneth 2. Reichel, Lillian Grantee(s) (Last name, first name, middle initial) 1. The Public 2. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range} Portion of SE 1/a, NE ~/a, Section 24, TWP 17 N, Rg. 1E WM Assessor's Property Tax Parcel/Account Number: 21724140700,21724140600 DECLARATION OF BOUNDARY LINE ADJUSTMENT AND COVENANTS KNOW ALL MEN BY THESE PRESENTS: That we the undersigned having a real interest in the tract of land described by the declaration; and do hereby declare the herein described adjustment of land certified as Boundary Line Adjustment Number 02-8330-YL, on the 30th day of December , 2002, by the Community Development Department, subject to the following covenants and conditions: 1. That all subsequent deeds will contain provisions for private roads in the manner described herein. 2. That all maintenance of any private road described by this declaration shall be by the owners of the parcels having legal access therefrom or their heirs, assigns, or successors, unless and until such roads are improved to the subdivision standards and dedicated to and accepted by the appropriate governmental jurisdiction. 3. That any private road will be subject to the further right of the grantor or his successor and of any telephone, electric, gas, water, or sewer company, public or private, to lay or cause to be laid and the right of ingress or egress for the purpose of maintaining telephone, electric, gas, water or sewer pipes, mains, or conduits across a described portion of such road. 4. That with respect to any private road described by this declaration whether it remains private or becomes a dedicated road, there is the additional right to make all necessary slopes for cuts and fills; and the rights to continue to drain said roads and ways over and across any lot or lots where the water might take a natural course upon reasonable grading pursuant to improvement for dedication of the roads and ways shown herein. Following reasonable grading pursuant to improvement for dedication of the roads and ways shown herein, no drainage waters on any lot or lots shall be diverted or blocked from their natural course so as to discharge upon any public road rights-of-way or to hamper proper road drainage. 5. That the adjusted legal description of each of the tracts being adjusted is attached hereto and incorporated by reference as though fully set out herein. 6. That additional covenant, easements, restrictions, if any, solely for the benefit of the grantor, and his heirs, successors, and assigns enforceable only by such persons, are attached hereto either as exhibits or as previously recorded under Auditor's File Number and incorporated by reference as though fully set our herein. That these covenants are for the mutual benefit of the grantor and his heirs, successors and assigns and are for the further purpose of compliance with the resolutions and regulations of the appropriate local governmental jurisdiction, and the local government and such persons are specifically given the right to enforce these restrictions and reservations by injunction or other lawful procedure and to recover any damages resulting from such violation. DATED this ~__ day of ~ ~ , 20CJ?:r'--~ Grantor Grantor ._, ,. ~~ ~ ~_- ~~ ~l r ~_4-: < ~~~...~~ Grantor Grantor STATE OF WASHINGTON ) ss. COUNTY OF THURSTON ) J , On this day personally appeared before me ~,,~,~rv v~ t~fi,~ ~~- ~..41 ~~><-;~.~._. \~ ~',~ ~~ to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. ~~ ~-•~~- ~ GIVEN under my hand and official seal thisy,~ day of a % ~ !. ~ -, ~- , 20c'-? v . ~=1 ,rye <(', % NOTARY PUBLIC n" nd f the State of ~ f~ ~ '~ ~i,_i: .~% Washington residing at ~ '~4 . ~ ~ ~~aF WA~t~~~."~~.~ ' ~~,,~, STATE OF WASHINGTON ) ss. COUNTY OF THURSTON ) On this day personally appeared before me to me known to be the individual- described in and who executed the within and foregoing instrument, and acknowledged that mentioned. signed the same as free and voluntary act and deed, for the uses and purposes therein GIVEN under my hand and official seal this day of , 20 NOTARY PUBLIC in and for the State of Washington residing at. AUDITOR'S CERTIFICATE File for record at the request of this day of , 20 , at minutes past o'clock . m, and recorded in Volume of Large Lot Subdivisions on page , records of Thurston County, Washington. Thurston County Auditor By: Deputy CHICAGO TITLE INSURANCE COMPANY 3315 PACIFIC AVE SE #D-1B, OLYMPIA, WA 98501 PLAT CERTIFICATE Order No.: 2012352 Certificate for Filing Proposed Plat: In the matter of the plat submitted for our approval, this Company has examined the records of the County Auditor and County Clerk of THURSTON County, Washington, and the records of the Clerk of the United States Courts holding terms in said County, and from such examination hereby certifies that the title to the following described land situate in said THURSTON County, to-wit: SEE SCHEDULE A (NEXT PAGE) VESTED IN: KENNETH M. REICHEL AND LILLIAN M. REICHEL, HUSBAND AND WIFE EXCEPTIONS: SEE SCHEDULE B ATTACHED CHARGE: $200.00 -TAX: $16.00 Records examined to MARCH 4, 2002 at 8:00 AM BV MAP.K A KARJALAHTI Title Officer (360)456-7878 Pf~TCRTA/RDA/0994 CHICAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE A (Continued) Order No.: 2012352 LEGAL DESCRIPTION PARCEL A: PARCEL A OF BOUNDARY LINE ADJUSTMENT N0. BLA-8038 AS RECORDED JANUARY 13, 1992 UNDER AUDITOR'S FILE NO. 9201130177; IN THURSTON COUNTY, WASHINGTON PARCEL B: THAT PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 17 NORTH, RANGE 1 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE SOUTH 89° 11' 05" WEST 321.04 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 13° 46' EAST 32.87 FEET; THENCE SOUTH 36° 29' 30" WEST 333.4 FEET; THENCE NORTH 53° 30' 30" WEST 489.8 FEET; THENCE NORTH 89° 1' 05" EAST 581.34 FEET TO THE TRUE POINT OF BEGINNING; EXCEPTING THEREFROM ANY AND ALL PUBLIC ROAD AND WAY. ALSO EXCEPT THAT PORTION DEEDED TO TO EAST HAVEN VILLA L.L.C. AS RECORDED JUNE 5, 1998 UNDER AUDITOR'S FILE N0. 3158441. IN THURSTON COUNTY, WASHINGTON rt.~TCarc/aDn/om9 CHICAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE B Order No.: 2012352 This certificate does not insure against loss or damage by reason of the following exceptions: GENERAL EXCEPTIONS: A. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. B. Rights or claims of parties in possession not shown by the public records. C. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. D. Easements or claims of easements not shown by the public records. E. Any lien, or right to lien, for contributions to employee benefit funds, or for state workers' compensation, or for services, labor, or material heretofore or hereafter furnished, all as imposed by law, and not shown by the public records. F. Liens under the Workmen's Compensation Act not shown by the public records. G. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity or garbage removal. H. General taxes not now payable; matters relating to special assessments and special levies, if any, preceding or in the same becoming a lien. I. Reservations or exceptions in patents or in Acts authorizing the issuance thereof; Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. .I. Water rights, claims, or title to water. K. THIS REPORT IS ISSUED AND ACCEPTED UPON THE UNDERSTANDING THAT THE LIABILITY OF THE COMPANY SHALL NOT EXCEED ONE THOUSAND DOLLARS($1000.00). PLATCRTB/RDA/0999 CHICAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE B (Continued) Order No.: 2012352 EXCEPTIONS a 1. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES): YEAR: 2002 TAX ACCOUNT NUMBER: 21724140700 LEVY CODE: 170 ASSESSED VALUE-LAND: $ 171,950.00 ASSESSED VALUE-IMPROVEMENTS: $ 20,100.00 GENERAL & SPECIAL TAXES: BILLED: $ 2,558.88 PAID: $ .00 UNPAID: $ 2,558.88 AFFECTS: PARCEL A B 2. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES): YEAR: TAX ACCOUNT NUMBER: LEVY CODE: ASSESSED VALUE-LAND: ASSESSED VALUE-IMPROVEMENTS: 2002 21724140600 170 $ 47,900.00 $ .00 GENERAL & SPECIAL TAXES AFFECTS: PARCEL B BILLED: $ 655.10 PAID: $ .00 UNPAID: $ 655.10 c 3. RIGHT, TITLE AND INTEREST OF THE OWNER OF LOT 1 OF SHORT SUBDIVISION NO. SS-0427 AS RECORDED DECEMBER 30, 1976 UNDER AUDITOR'S FILE NO. 985379 TO THAT PORTION OF SAID PREMISES AS SHOWN AS AN OVERLAP ON THE FACE OF SURVEY RECORDED DECEMBER 9, 1997 UNDER AUDITOR'S FILE NO. 3124146. n AFFECTS: PARCEL B x 4. RIGHT OF YELM IRRIGATION DISTRICT OR ITS SUCCESSORS TO CONSTRUCT, REPAIR AND MAINTAIN CANALS, FLUMES AND LATERALS, ON, OVER AND ACROSS SAID PREMISES AS DISCLOSED BY INSTRUMENTS OF RECORD. e 5. AGREEMENT AND EASEMENTS INCLUDING THE TERMS AND CONDITIONS THEREOF: BETWEEN: KENNETH M. REICHEL AND LILLIAN M. rts,TCa~rn t /ann/m~r~ CHICAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE B (Continued) Order No.: 2012352 REICHEL, HUSBAND AND WIFE ~D; JAMES CAPEZIO AND JANE ELIZABETH CAPEZIO, HUSBAND AND WIFE AND JEFFERY MARSHALL AND JAN MARSHALL, HUSBAND AND WIFE RECORDED: JANUARY 21, 1992 AND JULY 27, 1993 RECORDING NUMBER: 9201210273 AND 9307270118 REGARDING: TEMPORARY EASEMENT FOR DRAINFIELD OVER PARCEL A F 6. COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, DEDICATIONS, AGREEMENTS AND NOTES, AS CONTAINED IN BOUNDARY LINE ADJUSTMENT N0. BLA-8038, RECORDED UNDER RECORDING NUMBER 9201130177. END OF SCHEDULE B PI~TCR62/RDA/0999 eturn Address ity of Yelm ami Merriman 0 Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Boundary Line Adjustment Map; BLA-02-8330-YL 2. 3. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Reichel, Kenneth 2. Reichel, Lillian Grantee(s) (Last name, first name, middle initial) 1. The Public 2. Legal Description (abbreviated: i.e. lot, blocl{, plat or section, township, range) Portion of SE'/a, NE'/a, Section 24, TWP 17 N, Rg. lE WM Assessor's Property Tax Parcel/Account Number: 21724140700,21724140600 BOUNDARY LINE ADJUSTMENT #BLA Cs - 33a --~~- BOUNDARY LINE ADJUSTMENT MAP NW COR, PORTION OF: NE COR, SE1/4 5E1/4, NE1/4. SEC.24, T17N, R1E. W•M• SE1/4 20' A~ a of ~I 20' _. NE1/4 338.61' 65.99' N88'29'58"W 1327.44' #,~Sf • 567.04 ' `~~ ~1 ~ f. <9 ~S'~~s OLD LIIQH ~o°' o°' ~2 h' ,.~ 2~."y PARCEL ~, PARCEL A i BLA-8038 DT19~D' LAB X10 L9 ~ O S ~ ~ a ~o PARCEL R ~L~ o~ v BLA-8038 ~y. HOUSE ' ~p0 ® GARAGE ~~0 ® SEPTIC TANK ~~~ L ~,~.~~ PARCE ~ A BEARING DISTANCE L1 _ S38'48'37"W 343.69' L2 851'11'23"E 36.05' L3 N38'33'47"E 69.33' L4 S51'11'25"E 319.84' L5 N51'11'25"W 220.00' L6 N27'53'25"E 290.35' L7 S51'11'25"E 143.56' L8 N01'15'13"E 145.71' L9 N83'48'51"E 231.19' LSO N74'58'10"W 15.17' Lit N01'15'!3"E 314.64' GRAPHIC SCALE: 1"=200' 0 200 400 THIS IS AN UNSURVEYED BOUNDARY LINE ADJUSTMENT NE1/4 -~.- 335.79' ~~ z~a~ ~ spa ~O~ ~ v f96 s 'gyp?, N `pSt,~~ W E PUMP HOUSE (NOT IN USE) S NEW LINE IS 6'CHAIN-LINK FENCE AS EXISTING DECEMBER 26, 2002 QUIT CLAIM DEED 3158441 OWNERSHIP IN THIS VICINITY NOT DETERMINED HEREON. SURVEYOR'S NOTES THE HOUSE, GARAGE, PUMP HOUSE. SEPTIC TANK AND DRAINFIELD AS SHOWN HEREON WERE SCALED FROM BLA-8038. THE LOCATION OF THE "NEW LINE" WAS DETERMINED BY THE OWNER. BOTH PARCELS ARE IN THE COMMON OWNERSHIP OF KENNETH REICHEL. THIS MAP DOES NOT PROPORT TO SHOW ANY FENCES AND/OR OTHER SIGNS OF OCCUPATION OR POSSESSION. NOR ALL EASEMENTS, RESTRICTIONS AND RESERVATIONS WHICH MAY AFFECT THIS PARCEL. Geomatics Land Surveying P.O. Box 2550 Yelm, Washington 98597-2550 CERTIFICATION OF CONFORMANCE I HEREBY CERTIFY THAT THIS BOUNDARY LINE ADJUSTMENT CONFORMS WITH THE REQUIREMENTS OF THE PLATTING AND SUBDIVISION ORDINANCE AS THE ADJUSTMENT DOES NOT CREATE ANY NEW LOTS CONTAINING INSUFFICIENT LOT AREA AND DIMENSIONS TO MEET THE MINIMUM REQUIREMENTS FOR W D AREA F BUILDING SITES. ~~ PLA ING DEPARTMENT DATE MTN VIEW TO RD OLYMPIA ~ K I LL I ON SITE F RD /s9 Tq`F CULLENS OJ RD BERRY TO VALLEY yE~ VICINITY MAP Ro 1v.T.s. DEC. 27, 2ot~2 9 rB~ ~S, FOR AUDITOR'S USE ONLY Boundary Line Adjustment # BLA~'~~1- ~',~ d ^ yL ORIGINAL LEGAL DESCRIPTION OF PARCELS Parcel A -Tax Parcel No. 21724140700 originally described as follows: Parcel A of Boundary Line Adjustment No. BLA-8038 as recorded January 13, 1992 under Auditor's File No. 9201130177; In Thurston County, Washington. The preceding description per Chicago Title Insurance Company's Plat Certificate, Schedule A, Order No.: 2012352, Legal Description, Parcel A. Records examined to March 4, 2002 at 8:00 AM. TOGETHER WITH That portion of the Southeast Quarter of the Northeast Quarter of Section 24, Township 17 North, Range 1 East, W.M., described as follows: Commencing at the Northeast Corner of said Southeast Quarter of the Northeast Quarter; thence North 88°29'58" West along the North line of said Southeast quarter, a distance of 968.82 feet to the Northeasterly Corner of Parcel A of Boundary Line Adjustment No. BLA-8038 as recorded January 13, 1992 under Auditor's File No. 9201130177, being the Point of Beginning of this description; thence South 51°11'25" East along the Northeasterly Line of said Parcel A, a distance of 319.84 feet to the Easterly Corner of said Parcel A; thence North 38°48'35" East along the Northeasterly Extension of the Southeasterly Line of said Parcel A, a distance of 40.00 feet; thence North 51°11'25" West, a distance of 267.35 feet to the North Line of said Southeast Quarter; thence North 88°29'58" West along said North Line, a distance of 65.99 feet to the Point of Beginning. Containing 0.27 acres, more or less. Situate in the County of Thurston, State of Washington. Subject to easements, restrictions and reservations of record. Parcel B -Tax Parcel No. 21724140600 originally described as follows: That part of the Southeast Quarter of the Northeast Quarter of Section 24, Township 17 North, Range 1 East, W.M., described as follows: Beginning at the Northeast Corner of said Southeast Quarter of the Northeast Quarter; thence South 89°11'05" West 321.04 feet to the True Point of Beginning; thence South 13°46' East 32.87 feet; thence South 36°29'30" West 333.4 feet; thence North 53°30'30" West 489.8 feet; thence North 89°11'05" East 581.34' to the True Point of Beginning; Excepting therefrom any and all public road and way. Also except that portion deeded to East Haven Villa L.L.C. as recorded June 5, 1998 under Auditor's File No. 3158441. In Thurston County, Washington. The preceding description per Chicago Title Insurance Company's Plat Certificate, Schedule A, Order No.: 2012352, Legal Description, Parcel B. Records examined to March 4, 2002 at 8:00 AM. Subject to easements, restrictions and reservations of record. Boundary Line Adjustment # BLAfS~~ .3~ ~(~ -- `~L, NEW LEGAL DESCRIPTION OF PARCEL A Parcel A of Subdivision #BLA[~ e~ ~ - ,R33~~- ~(,e described as follows: That portion of the Southeast Quarter of the Northeast Quarter of Section 24, Township 17 North, Range 1 East, W.M., described as follows: Commencing at the Northeast Corner of said Southeast Quarter of the Northeast Quarter; thence North 88°29'58" West along the North line of said Southeast Quarter, a distance of 1307.44 feet to the Easterly Margin of NW Killion Road; thence South 01°15'13" West along said Easterly Margin, a distance of 314.64 feet to the Point of Beginning of this Description; thence North 83°48'51" East along asix-feet high Chain-Link Fence, a distance of 231.19 feet to the Easterly end of said Fence; thence South 74°58'10" East, a distance of 15.17 feet to the most Northerly Corner common to Parcels A and B of Boundary Line Adjustment No. BLA-8038 as recorded January 13, 1992 under Auditor's File No. 9201130177; thence South 27°53'25" West along the line common to said Parcels A and B, a distance of 290.35 feet to the Northerly Margin of W Yelm Avenue; thence North 51°11'25" West along said Northerly Margin, a distance of 143.56 feet to the Easterly Margin of NW Killion Road; thence North 01°15'13" East along said Easterly Margin, a distance of 145.71 feet to the Point of Beginning. Containing 0.89 Acres, more or less. Situate in the County of Thurston, State of Washington. Subject to easements, restrictions and reservations of record. I hereby certify that the above legal descriptions are accurate and in compliance with the Subdivision Code. Submitted this z7 T~ day of ~ EC EM 13EQ , 2002. DES tit ~ S rZ . f3AKEr2, PL 5 ~~ ~ Name of Title Company of Surveyor Signature Boundary Line Adjustment # BLA[~ i~~- ~~ j~-- ~J L NEW LEGAL DESCRIPTION OF PARCEL 6 Parcel B of Subdivision #BLAF~?)~ ~~3~~ -- V L, described as follows: That portion of the Southeast Quarter of the Northeast Quarter of Section 24, Township 17 North, Range 1 East, W.M., described as follows: Commencing at the Northeast Corner of said Southeast Quarter of the Northeast Quarter; thence North 88°29'58" West along the North Line of said Southeast Quarter, a distance of 335.79 feet to the Northwesterly Corner of Lot 2 of SS- 0427 as recorded December 30; 1976 in Volume 4 of Short Plats on Pages 294 - 301 under Auditor's File No. 985379, being also the Northwesterly Corner of Quit Claim Deed recorded June 5, 1998 under Auditor's File No. 3158441 and being the Point of Beginning of this Description; thence South 38°48'37" West along the Northwesterly Line of said Lot 2 and said Quit Claim Deed, a distance of 274.36 feet to the most Westerly Corner of said Lot 2 and said Quit Claim Deed; thence South 51°11'23" East along the line common to Lots 1 and 2 of said SS-0427, being the Southwesterly Line of said Quit Claim Deed, a distance of 36.05 feet to the most Southerly Corner of said Quit Claim Deed; thence South 38°33'47" West, a distance of 69.33 feet; thence North 51°11'25" West, a distance of 36.35 feet to the Northwesterly Line of said Lot 1; Note: Ownership of the area of overlap of the descriptions of the Original Parcel B of this Boundary Line Adjustment and of said Lot 1 is not determined hereon; thence continuing North 51°11'25" West, a distance of 183.66 feet to the most westerly corner of Tract 11 of the Unrecorded Plat of Solberg's Garden Tracts, which is on file at the Survey Office of the Department of Natural Resources; thence South 38°48'35" West, a distance of 40.00 feet to the most Easterly Corner of Parcel A of SS-8038 as recorded January 13, 1992 in Volume 11 of Boundary Line Adjustments on Page 562 under Auditor's File No. 9201130177, being also the most Easterly Corner of Tract 13 of said Unrecorded Plat; thence South 38°48'35" West along the Southeasterly Line of said Parcel A, a distance of 285.09 feet to the most Easterly Corner common to Parcels A and B of said SS- 8038; thence North 51°11'25" West along the line common to said Parcels A and B, a distance of 220.00 feet to the most Northerly Corner common to said Parcels A and B; thence North 74°58'10" West, a distance of 15.17 feet to the Easterly end of a six-feet high Chain-Link Fence; thence South 83°48'51" West along said Fence, a distance of 231.19 feet to the Easterly Margin of NW Killion Road; thence North 01°15'13" East along said Easterly Margin, a distance of 314.64 feet to the North Line of said Southeast Quarter; thence South 88°29'58" East along said North Line, a distance of 971.64 feet to the Point of Beginning. Containing 5.86 Acres, more or less. Situate in the County of Thurston, State of Washington. Subject to easements, restrictions and reservations of record. I hereby certify that the above legal descriptions are accurate and in compliance with the Subdivision Code. Submitted this 27 TN day of DEC E/K f3Ei2 2002. DE~l~JiS ~. 6AKE,Q , PLS Name of Title Company of Surveyor ~~~ Signature / OF THE A+Q~ ~w ~_ Ci o Yelm a M 105 Yelm Avenue West P.O. Box 479 YELSNINOTON Yelm, Washington 98597 (360) 458-3244 January 9, 2003 Kenneth M. Reichel 17511 Fennel Road Yelm, WA 98597 Re: Boundary Line Adjustment - BLA-02-8330-YL Dear Mr. Reichel: The City has completed its review for the Boundary Line Adjustment between Parcel #'s 21724140600 and 21724140700. The proposed property lines meet minimum City zoning, heath, and building standards. I have prepared documents for recording, and have forwarded them to the Thurston County Recording office. When I receive the recorded documents, I will contact you to come in and pick up the documents, and pay the recording fees. If you have any questions, please call me at (360) 458-8496. ,, Sincerely, Tami Merriman Assistant Planner cc: File _,_... ..... ....., .._:. ~~ i~~~ a~~~y~1 ~r~T`~` ~.~ ~ Y~In+, Wl~ ;a~~9"l ,,y _. ~ ~ ~F to ~ ~:?, ~~ ~'~ ~~~ ~~ f ,ti ' Arvll'~Ut~ ~ R~~', NCI. f~ATCr F2f:C. N0. ~~.~,~~IVCI,) FFiC.)P,~l 1 ,~ .K, ~~ S r gay'' s +:`; ~:~ ~~~~. tr°r~'3~~~:i; .,.. _ f,i~iS+~,~ t;~. ~I tr Memorandum To: File From: Roberta Allen, Administrative Assistant Date: December 31, 2002 Re: BLA-02-8330-YL -Project Review Schedule for Reichel Boundary Line Adjustment Attached is the application packet for the above referenced project. After your initial review of the information submitted, if you need additional information from the applicant, please let me know as soon as possible. The following is the tentative review schedule for the project. December 31, 2002 -January 6, 2003 -Project review internally by staff. January 13 -Letter of Approval completed. C:\Community Development\Project Files\BLABoundary Line Adjustment\8330 Reichel\BLA-Proj Rev Date Memo.doc ~j ~~f `y ~:~/ ti~ ~~~ ~, <_.~ . /' CITY ®F YELM PO Box 479 Yelm WA 98597 360-458-3244 APPLICATION FOR BOUNDARY LINE - OFFICIAL USE ONLY u. Fee Date Received D~ BY ,~.~ File No. ~ o- yL YLLItiI ADJUSTMENT Fee: $100.00 OR W45FiiNGTQN LARGE LOT SUBDIVISION Fee: $250.00, + $10.00/lot (ln addition, any professional service charges per Resolution #358) PLEASE SUBMIT CURRENT PLAT CERTIFICATE WITH APPLICATION (Limited Liability Title Report) ,~. Boundary Line Adjustment Large Lot Subdivision ~. ,l 7 , NAME OF PROJECT ~~t ~-'/ ,..- =~ ,~~', ~~ Owner of Parcel(s) Purchaser of Parcel(s) Representative APPLICANT ,~ Mailing Address ~ %'~~r', ~ ~ + . S City, State and Zip ~/ ~` ,~ ~'~~' .%i.,. , ~ ~' = Telephone ~" OWNER ~t~ -`~f; ~' ~1""~, P i Mailing Address __ j I City, State and Zip , "% : ~ _ Telephone ` ~` ~ '~:~ SURVEYOR D ,~f~;'~'. '' ;r`,re l`n ','i- r _ ~; ~ ~ Mailing Address ~' ~. ~ ,r u .~ ~ ~~ ~ City, State and Zip ~/r= Lr~ l~A . 9' £,''S ~ 7 Telephone ~~ 6 O- ~1 o a- ., A N PROPERTY DESCRIPTION. General Location r%' ~~ ~`~ ~ ~ ~ . Address of Site (if assn ned) ~ ~'.~ ~~ Area of Project (in acres, if possible) ~ 1' . ' ~' .~~<: ~ .~ ,' f-' Area of entire contiguous ownership (if other than above) `~,~~. # '.~ Section '' ~~' Township / ~ Range- /l ".~:~ Assessor's Tax Parcel Number(s) of property included in this application: Zoning District ~'/ =~~,y?N" . ~ .'.~..~.'. Shoreline Designation (if applicable) - ~- Comprehensive Plan/Sub-Area Plan Designation Type of o -site structures (give lot numbers) ",,, , " . ~ ;' o U S ,E ,P Ni ovs~ ~ f A ~' ~ (SHOW LOCATION AND LABEL EACH ST UCTURE ON MAP) WHAT USES ARE PROPOSED FOR THE VACANT LOTS? The uses must be consistent with zoning. Single Family, on Lots Duplex, on Lots Multifamily, on Lots Commercial, on Lots Industrial, on Lots IF UNDECIDED, LOTS WILL BE REVIEWED FOR ONE SINGLE-FAMILY RESIDENCE PER LOT. Existing sewage disposal: None -Septic tank (date installed ) Sewer (SHOW ON MAP) ~ ~ /-' r., >~/~~' Proposed sewage disposal: None Septic tank Sew Other Existing water supply: None Individual well on lot(s) # ~ ~' y Vt/~ {SHOW ON MAP) P,4 j.z ~= ~, ~, Community Well -- Name of System or Owner Municipal Water System -- Name of Municipality .~ R:\Community Development\rorms &Procedures\BoundLineAdjust\BLA-LLS App.doc 8/01 ~~~' ~.; `v v y _ ~ ~~ ~~ J .~y ~.i ~. . ~v 1~ Proposed water supply: None Individual Wells Community Well -- Name of System or Owner _ Municipal Water System -- Name of Municipality Special areas on your project site: (Show checked areas on map) Creek or Stream _ River. (Name) _ Lake/Pond _ Cliffs (Name) Has a portion of your project site ever flooded? _ Yes, when? (Name) _ Swamp/Bog _ Draw/Gully ~'r No Do not know (If yes, show area on map) BOUNDARY LI~IE~ ADJUSTMENTS ONLY Lot # ,d F ~~/ Lot Area in Square Feet n . 9~ ~'~ C' `4- ~ ~- Lot # Pd ~-~ ~ ~ ,Lot Area in Square Feet ~~. O J " ^ - " r :~, Lot # ,Lot Area in Square Feet Lot # ,Lot Area in Square Feet Does the property being subdivided hav~ city/county/sta`t,e~ r~oad frontage? No ~ Yes City of ` °'~'~ County ~. State r~-~ ,. If yes, name of road ~~ ~ ~ r °' ~ ~ '`` `~ Right-of-Way width of road frontage ~ ~ ` If no, width and length of private road, easement or right-of-way: feet wide by feet long If property to be divided is accessed by a private road, how many other parcels have access by this road? (Include vacant parcels.) (FOR YELM TOWNHOUSE SHORT PLATS ONLY) For existing townhouse units being short platted: Do the common walls meet building and fire codes? Yes No 2. For proposed townhouse units: Has the applicant submitted the following to the Site Plan Review Committee? _ Yes _ No (If no, your short plat will be held pending the submittal of those items listed below.) A) Building Plans. Typical front and side elevations and exterior architectural treatments of the proposed units. B) Site Plans. Location of buildings in relation to property and lot lines, off-street parking areas, patio and service areas, inclu ing garbage disposal areas, landscaping, walls, fences, public and private streets, dri eways, all common facilities, open space and walkways. In addition, lot size, perc ntage of ground coverage and open space shall be included as data on such plan. A to ographic map shall also be submitted showing existing and proposed contours at tw -foot intervals and which locates existing streams, lakes, marshes and other natural fe tures. The requirement of the topographic map may be waived by the Site Plan Revi w Committee if it deems it not necessary. ~~` None PLEASE PROVIDE A REDUCED SIZE COPY OF THE SITE PLAN AND/OR BLA, NOT LARGER THAN 11" X 17". CHICAGO TITLE INSURANCE COMPANY ~~ ~~ ~ , U ~ / ~ ~-~ ~~ ~ PLAT CERTIFICATE I dC SCHEDULE A (Continued) Order No.: 2012352 LEGAL DESCRIPTION PARCEL A: PARCEL A OF BOUNDARY LINE ADJUSTMENT N0. BLA-8038 AS RECORDED JANUARY 13, 1992 UNDER AUDITOR'S FILE N0. 9201130177; IN THURSTON COUNTY, WASHINGTON PARCEL B: THAT PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 17 NORTH, RANGE 1 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE SOUTH 89° 11' 05" WEST 321.04 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 13° 46' EAST 32.87 FEET; THENCE SOUTH 36° 29' 30" WEST 333.4 FEET; THENCE NORTH 53° 30' 30" WEST 489.8 FEET; THENCE NORTH 89° 1' 05" EAST 581.34 FEET TO THE TRUE POINT OF BEGINNING; EXCEPTING THEREFROM ANY AND ALL PUBLIC ROAD AND WAY. ALSO EXCEPT THAT PORTION DEEDED TO TO EAST HAVEN VILLA L.L.C. AS RECORDED JUNE 5, 1998 UNDER AUDITOR'S FILE NO. 3158441. IN THURSTON COUNTY, WASHINGTON r~r.n rcrrrr.; ru~n;rrrr; CHICAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE B Order No.: 2012352 This certificate does not insure against loss or damage by reason of the following exceptions: GENERAL EXCEPTIONS: A. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. B. Rights or claims of parties in possession not shown by the public records. C. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. D. Easements or claims of easements not shown by the public records. E. Any lien, or right to lien, for contributions to employee benefit funds, or for state workers' compensation, or for services, labor, or material heretofore or hereafter furnished, all as imposed by law, and not shown by the public records. F. Liens under the Workmen's Compensation Act not shown by the public records. G. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity or garbage removal. H. General taxes not now payable; matters relating to special assessments and special levies, if any, preceding or in the same becoming a lien. I. Reservations or exceptions in patents or in Acts authorizing the issuance thereof; Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. J. Water rights, claims, or title to water. K. THIS REPORT IS ISSUED AND ACCEPTED UPON THE UNDERSTANDING THAT THE LIABILITY OF THE COMPANY SHALL NOT EXCEED ONE THOUSAND DOLLARS($1000.00). rr.n rcrrrn~ ann lrrxx, CHICAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE B (Continued) Order No.: 2012352 EXCEPTIONS A a 1. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES): YEAR: 2002 TAX ACCOUNT NUMBER: 21724140700 LEVY CODE: 170 ASSESSED VALUE-LAND: $ 171,950.00 ASSESSED VALUE-IMPROVEMENTS: $ 20,100.00 GENERAL & SPECIAL TAXES: BILLED: $ 2,558.88 PAID: $ .00 UNPAID: $ 2,558.88 AFFECTS: PARCEL A 2. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES): YEAR: TAX ACCOUNT NUMBER: LEVY CODE: ASSESSED VALUE-LAND: ASSESSED VALUE-IMPROVEMENTS 2002 21724140600 170 $ 47,900.00 $ .00 GENERAL & SPECIAL TAXES AFFECTS: PARCEL B BILLED: $ 655.10 PAID: $ .00 UNPAID: $ 655.10 c 3. RIGHT, TITLE AND INTEREST OF THE OWNER OF LOT 1 OF SHORT SUBDIVISION NO. SS-0427 AS RECORDED DECEMBER 30, 1976 UNDER AUDITOR'S FILE NO. 985379 TO THAT PORTION OF SAID PREMISES AS SHOWN AS AN OVERLAP ON THE FACE OF SURVEY RECORDED DECEMBER 9, 1997 UNDER AUDITOR'S FILE NO. 3124146. n AFFECTS: PARCEL B x 4. RIGHT OF YELM IRRIGATION DISTRICT OR ITS SUCCESSORS TO CONSTRUCT, REPAIR AND MAINTAIN CANALS, FLUMES AND LATERALS, ON, OVER AND ACP.OSS SAID PREMISES AS DISCLOSED BY INSTRUMENTS OF RECORD. s 5. AGP.EEMENT AND EASEMENTS INCLUDING THE TEP.MS AND CONDITIONS THEREOF: BETPIEEN: KENNETH M. P.EICHEL AND LILLIAN M. rrnlrirrni /tinn/o~+~ CHICAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE B (Continued) Order No.: 2012352 REICHEL, HUSBAND AND WIFE AND: JAMES CAPEZIO AND JANE ELIZABETH CAPEZIO, HUSBAND AND WIFE AND JEFFERY MARSHALL AND JAN MARSHALL, HUSBAND AND WIFE RECORDED: JANUARY 21, 1992 AND JULY 27, 1993 RECORDING NUMBER: 9201210273 AND 9307270118 REGARDING: TEMPORARY EASEMENT FOR DRAINFIELD OVER PARCEL A F 6. COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, DEDICATIONS, AGREEMENTS AND NOTES, AS CONTAINED IN BOUNDARY LINE ADJUSTMENT NO. BLA-8038, RECORDED UNDER RECORDING NUMBER 9201130177. END OF SCHEDULE B rtnrcrirrz/ruin/ T~PORARY 088 AORBEKSNT THIS Agreement made and executed to be effective this day of January, 1992, by and between KENNETH M. REICHEL and LILLIAN REICHEL, husband and wife, hereinafter referred to as "REICHEL" and JAMES CAPEZIO and JANE ELIZABETH CApEZIO, husband and wife, and JEFFERY MARSHALh and JAN MARSHALL, husband and wife, hereinafte4 referred to as "CApEZIO-MARSHALL," W I T N E S S E T H: WHEREAS, Reichel is the owner of the following described real estate situated in Thurston County, State of Washington to-wit: -~ Parcel A of=Boundary Line Adjustment No. BLA- 8038, as recorded under number 9201130177 in Volume 11, at Page, 562, records of the Auditor of Thurston County,` State'''of Washington, hereinafter referred to as "Parcel A," and WHEREAS, Capezio-Marshall are purchasing under the terms of provisions of a real estate contract recorded under number 9201160176 in Volume 1898, at Pages 864-873, records of the Auditor of Thurston County, State of Washington, the following described real estate situated in Thurston County, State of Washington, to- wit: Par.:el B of Boundary Line Adjustment No. BLA- 8338, recorded under number 9201130177 in Volume 11, at Page 5G2, records of the Auditor of Thurston County, State of Washington, hereinafter referred to as "Parcel B," and WHEREAS, Capezio-Marshall intend to construct a restaurant upon the Parcel B being purchased by them, and - 1 - MiCB~O~ILMED aL`~'~•iF' I H ~ Wfl ::Fi'~i iE~~? GF : PtARSHHLL ~ ',' : P1 i k:E ~ I~EFUT'r' ~1:=.U~ NG~ .~_ AN EASE:lENT FOR DRAIN FIELD INSTALLATION IF REQUIRED BY THE THURSTON COUNTY SBALTB DBPARTIiENT. THIS EASE!lENT TO. BECOME NULL AND YOID WHEN CI?Y SETiiERS ARB,INSTALLED IN YELM That part of the Southeast quarter of the Northeast quarter of Section 24, Township`'.1'I-North, Range 1 East, W.M., described as follows: Beginning at the Northeast corner of the said Southeast guarter of tha Northeast quarter; Thence S 89°11'05" W 321.04 feet to the TRUE POINT OF BEGINNING; Thence S 13°46'00" E • 32.87 feet; thence S 3b°29'30" W :31.34 feet; thence N 53°30'30" W 220.00 feet; Thence S 36°29'30" W 325.09 feet; Thence N 53°30'30" W 45.00 faet; Thence N'36°29'30" E 494.98 feet; Thence N 89°11'05" E 301.15 feet TO THS TRUS;;POINT OF BEGINNING, EXCEPTING THEREFROM any and all public roads.Containing 1.97 acres in Thurston County, State of Washington. ~"' - -~ 1 -, .~ ,~ i 1? td~, : . MICROFILM'' 10. All rights of Capezio-Marshall hereunder, their heirs and assigns, shall automatically and immediately terminate, without notice, upon the expiration of five years from dote hereof or the earlier installation o! the sanitary sewer providing. service to Parcels A and B, or the earlier certification by the Thurston County Health Department R~r other governmental agency having juris- diction hereof, that the'syatem installed on Parcel H is adequate foz~ the uses o! Parcel` 8 `and the reserve area is no longer needed. Upon``termination all rights of Capezio-Marshall to the real estate described in Exhibit 1, as described herein shall cease and terminate. IN WITNESS W?-iEREOF, theParties have s igned this doc~.:ment to ~~ be effective the day and year first above written. ~.-- r f ~, ~ g% ~/ / • enneth M. Reichel ~~° p~~~~ ~~~ Q _ Lillian Reichal: "Reichel" James Capezio Jane Elizabeth Capezio ___ ,- ~ ~~ , .' ~ ~' ~ ~_ 1 .~'( Ja Marshall "Capezio-Marshall" O EXPEDITE O Hearing is set: Date: _______._... ~..._ Time: _ ___.. _._._. Judgc/Gslendar: 10 11 Ix 13 14 2~ 16 ~.7 18 19 20 x1 ~2 ~3 z4. 2~ 26 27 21~ 29 30 31 ~~ $3 34 sa -- IN '1'I 11~, SUI'l~,I:IC)Il CUUK'I' Ut~ 'I'1 1[? S~1'A ['I: ~)I? WASI [IN(.'!{)N ~ ..__~ IN AN[:) f~0[~ '1'[ ll? C'C)UN'i'Y OI~ '1 l,t.llt:S'! C)~I N(~U 4 ~ ?,tla1. K1~.NNr'T1-l M. rzE(cr[r~.l.~ and l,[LI,IAN ) P ~ + M. RC]CHEL, t-lusband and Wife, and ~ t_. their Marital Comrnunity, } ~~ Plaintiffs, ~ ~;, ~~: JOl-lN I~OE No. 1 and JANI, DUl?, No. 1, ) Husband and Wife, and each. of thorn, and. their M~~rital Communsty; JUl-IN DUl? No. 2, ) a Single Man, if living, and if deceased, il~en the Personal TZepreser7tative of the [~;state of ) said JO~-fN DUE No. 2 and the Unknown 1'teirs at law thereof; JAN13 DUt? No. 2, a ) Single Wornan, if living, and if deceased, then the Persona( Representative of the ) l;statc of said JAN1, f)OI: No. 2 ar~d the . Unknown !-[eirs at law thereof; the State of ) Washington, its political subdivisions; and all other persons or parties unknown ) clzirning any right, title, estate, lien. or interest in or to the real estate described in ) the complaint herein; f)efendants. ) No. O2-2-X1395-5 JUt~C~MT3N'l' and UIC'R1-?[:? IUDCM[:N'1' Sl1MMAIZY JUUCMENT ctttr.~['roRs JUDGMENT and DECREE, 1~agc ~r oC KlNNI't't-~ M. 12E[Cl-[tl., and l~l[_.l_.iAN M. I:li;icl-[[~;>_1 ltanclail it. W~fka~, ,Aituruoy at Law, #949 P.t], i3ox 51411, 312 Mosm~ Ava, yW Ycirn,'4YA r}84r.~7,'i'e1.3601a~a-~A()0 1 AT-I'C)P.NEY f~OI: JUI~CMI~:NT CI:i~,Dl`fOP. Randall I:. ~ti'alker 2 3 JUDGMENT DL13'1'ORS J not applicable) a PRINCIPAL JUDGMf?NT' ~ knot applicablc~ 5 ~ COSTS (natappiicable~ ~ ATTC7RN1?Y l~l?l~:S not a ~iicable s TClTAL JUDGMEN'~C' ~ ~ nat appiicable~ s 1~ lN`TGIZIS`l~' IZAl'I:? (from ~____ date Uf flung) ~nota}~}7llccZblE~l xl--------------------------------------------------------- 12 JUDGMENT AND DECREE? 13 T'}-}TS Mf1T1'ER carving on regularly for hearing before the Court this day, 14 15 E'lainfiiffs KENNErI'l~ M. IZEIC'1-ITT and 1,1[_.1.iAN M. 1ZL1Cl-lE;i.. appearing by their x5 Attorney of 1Zecord, RANDAL.C, R. WAI_,KC~,R; and' it appearing that service by 1'7 publication was rrrnade upon the named Defendants and classes of defendants, and xs ~~ each of them, as required by law; that the time far answering by or on behalf of each 2D I~eEendant has expired; that each and all of tl7e Tefendants are wholly in default; and ~} the Court, havinf; read tl~e files and records and a~nsidered the evidence and havin}; 22 23 made arid. entered its Findings of fact and Conclusions of I,aw, send being otherwise 24 fully advised in the }?remises; 23 Naw, therefore, it is hereby C)Rl-)1?12CD, A1)JUI~C;ED AND llECiZI?.E,1) that title 26 27 in and to lands and prermises in 'T'hurston County, 1Nasliington, described as: 28 `T'hat part of the Southeast Quarter of the Northeast Quarter of Section 24, 29 Township 17 North, Range 1 East, W. M., described as failcrws: 3b Comrnet~cing at the Northeast confer of said Soe.etheast Quarter; thence North 88 degrees 29' 58" West along i~he North line of said Southeast (?carter, a clistaix:e of 31 966.15 feet to the Northeasterly corner of 3'arcel Aof 13uundary Line Ad} usi:ntent Nc-. 32 131.A-81138 as recorded January'13,1992 under Auditor's bile Na. 92t):t"13c}177, Using the 33 3 4 JUDGMENT and DECREE, 35 1'iuiciidl R, Wt,ikc;r, Arlorti~y at l.ttw, ~~9549 Z Point of Beginning of tlus description; thence South 57 degrees 7:1' 25" Eiasi along the 2 Northeasterly line of said Parcel A, a distance of 317.7] feet to the 13asterly corner of 3 said Parcel A; thence North 3K degrees 48' 35" fast along the Northeasterly extension of the Southeasterly line of ::aid Parcel A, ~ distance of 4tl.pr) feet; thence North 51 4 degrees 11' 25" West, a distance of 265.22 feet to the: North line c-f said Southeast ()carter; 5 thence Nortli 88 degrees 29' 5K" West along; said North line, a distance of 65.99 feet to the point of beginning. Containing 0?676 acres, mare. or fetes. 6 ~ Situate in the C:aunty of Thurston, State of Wasttington. Subject to easements, restricdo[1ti, anti reservations of record, 8 9 be and the same is hereby dtricied, csiabli5hed and cc)nfirrned in the t'lairltiffs, to Kt~NNT?"1't-I M. Rf?ICl II~,I, anti I.II,I,InN M. I:I~.IC't ll~~l,, hirsbancl and wifcy. ii it is further, OtZDt~:Rt?D, Ar)~uf)c~t:!_), ANl:) l)t?CRE[:I) that each and all of the 12 13 Defendants described, and. the crnknown hairs of any such persons who may be 14 deceased, and all other persons, parties, or entities unknown, clairYring any right, 15 title, estate, lien or interest in or to said real estate or any portion thereof, and a41 16 i~ persons claiming under the Defendants, or arty of them, subsequent to the first 18 publication of process herein on Aagust 30, 2002, be and they are ,hereby Forever ig barred. from having or asserting any right, title, estate, lien or interest in said lands 20 21 and. premises, or any part thereof, adverse to Plaintiffs. 22 DONI 1N C)1'1?N COURT this ~~ay of ,---~-Ql~:<'"-~~ 2(}02. 23 RICHARD D. NICKS za 26 Presen~ed ~.X ~'ARTE by: 2 7 ~ , ~~ O ~~ ~, 29 RANDALL P. WALKEt2, WSt3A # 9549 3o At#arney far Plaintiffs R.EtC.FiFL 31 32 33 3A Jt/DGMEIttT and DECREE, 35 l:cuuEttEt 12. 1~~'Fdkc;r, Aucuttey at l..ttw, 11539 P.t?. l3ox :i14li, 312 A4nsnrtrri Ave. S'W of ~ Yelm_ ~~~A R)3~St)~~ ~r•t,) '~<.r1~.1sQ_~nn s 1C ly ~~ 13 lq 1S 16 17 x8 19 ~0 21 2?. 2~ 24 2g xa 27 ~8 2~ 3Q 31 3g 3~ 34 35 O EXPEDITE 0 Hearing is aet: . Date: Time: --_.. ...~~ Judge/Calendar: IN '!'I IL~, StJI'L,RIC)f: CULJIZ'I' OI~ 'I'I Il S' ,n'C~I OI~,~ W~1S1 IIN{,1(`)f~~ ~-~--' 1N ANf) I~~UR '-i,I II: CC)UN'l'Y ~)I~ ',i't flJfS (Y7_N ... ~ .: ..... 9 KGNNt`I'1-I M. IlIilCl ll~:l_, and !,!I_,l_.IAN } ~ NAU Q ~ ?.OQ1 M. 17E1CI~~lCI.,, 1-lusband and Wife, and i _..:..s i . . their Marital Community, ) j Plaintiffs, ' ~ ,~ ,; vs. } JC)I-tN DOE No. 1 and. JANE DOE 1Vo. 1, ) Flusband and CNife, and each of them, and their Marital Community; JC)I-IN t:)C)I:? No. 2, ) a Single Man, if Living, and if deceased, then the Personal Representative of the Estate of ) said JU[-IN T~OI? No. 2 and the Unknown Heirs at Law thereof; JANI DC)f~ No. 2, a } Single Woman, if living, anal if deceased, then the Personal Represent~~tivcy of the } C?state of said JANE: L~C:)I?. No. 2 and the Unknown I-leirs ai law thereof; the State of ) Washington, its political subdivisions; and all other persons car parties unknown ) claiming any right, title, estate, lien or interest in or to the real. estate described in ) the complaint herein; , Defendants. ) No. (12-2-01398-5 ~tN-C)I NC:S Of~ t~ACf-' and CONC:'I,USfC)NS C)I~ l..A W 'l'1-t1S MA'!'l~l:sR corning an regularly for hearing; before the Court this day, Plaintiffs KI~NNETI-1 M. RI;ICI--11?I_. and l.Il,1,lAN M. i211C-'I-lll, appearing by their Attorney of Record, IZANDAI.,I. IZ. 1NAI~KI~,R; arrd it appearing; that service by FlNDlNGS OF FACT and 12arrclatt IZ, Walkor, Atitu~oy W LnW, ~g3w¢g CONCLUS/ NS OF LAW, P.n, f3nx 5141), 312 MAempq Avg, 3W ~~''~ --~: ~ ~ Yctrn,'WA ~S3cJ7;1'el. 360148-gAi)D pubtieation was made upon the named Uefencaanis and Masses of defendants, ancf each of them, as required by law; that the time for answering; by ur on behalf of each C?efendant has expired; that each and all cif the Defendants are wholly in def~rull; and the Court, tlavin~; read tl~e files and records ancf considerc~c:f the evidence ancf being; fully advised in the premises; now, therefore, males ancf enters the following: I~INf>1NC~S t.)I~ I~nC"I' l t7 ~~ 12 13 14 is is i~ 18 19, Z4' 21 az 23 24 25 26 27 ae 29 30 31 32 33 't'hat at all times material to this action, Plaintiffs, KF,NNE'1'!-t M. f~f_~,ICt (C1, and ~wl_,tLl:.IAN M. 12lIC1-1111_,, were and raw are htrsl~~and and wife, living tc7gether as sttrh in Yelrn, Thurstcm County, State of Washington. 'That the Plaintiffs t~rc the owners in fee, and are 'rn possc~ssic:~n cif the fc~llc~wing described lards and premises situated in '1'hurslon County, Wasllirtpton, to-wit: Parcel A of Boundary Line Adjustment No.131.A- 8038 as recorded January 13, 2.992 underAuditc~r's Mile No. 9'ZO113tr't77; AI;L iN 'Churston County, State of Wastr i ngtun. 'That ih.e Plaintiffs arc tl~c owners in fre, and arc in possession of the following described lands and premises situated ire 'T'hursion. C'ot:rnty, Wasl~ingtc~n, to-wit: 'T'hat part of the Southeast quarter of tlie Northeast quarter of Section 21,'lirwnshil~ 17 North, Range ~ !sast, W.M., described as falto~vs: I3c~tinning at the Northeast corner cif said'iouttteast quarter of ttx~ Northeast quarter; thence South 89 dc~grces "r1' (r5" west 3?"t.(l~t feet to the '!iuc Paint of l3r..ginning; thence South 13 degrees 45' Fast 32.87 feet; thence: South 3Ci degc~ees 29' 30" Went 333.~t f~c#; thence North 53 degrees 3U' 30" 1Nesl 189.8 feet; thecicc Nortli 89 dcbr~es t' try" tsast 581.3!r fget to the 't'rue 1'oin# of lieginni.ng; 34 FINDINGSOFFAC7and 3 5 GONCL USIONS OF LAW, Itwtcl~dl I2.1~'~Iker. Attorney at t..aw,1~9S4~ P.O. HEX ~a.an a~7 e,r„a...o.. ~..., «., X I:XCIiI'`l'tNG '1'Ilt'slCIiFROM any and all public road(s) and way(s); tiC..SCI [iXCEiYt`tNC:~. tl~t portion ~lee~icli! to ts.tst haven Vita r., f.. L., xs rcrnrdcd June 5,1998 under AYtdi tot's l~ i 1 a '~f ~s. 1158q ~I "t; ATa. TN `l'hurston County, State of Washington. IV 8 'That al#I~ough Plaintiffs ac:yr.rirecl the p~trcets described ahovt~ in t'aragraphs 1t 9~and Ill, respectively, from rlifferr~nt grantors and al caiffcrcnt dates, they believed these to ~1 to be contiguous, having a common bottndary. '~f'hat 1'lainiiffs constructed and fc>r a 12 period in excess of ten (1 t)) years continuously rY~aintained a perimeter fence around 13 the slid parcels, thereby asserting and enjoying exclusive possession of both parcels 14 15 and of any .real property lying between itye two parcels. 16 ~/ z7 Thal during the first half of 2002 Plaintiffs first learned of tl~e existence of ~~ is 19 strip of land. between the parcels described in Paragraphs It anal 111 above, which. zo intervening strip is described as .follows, to-wit: 21 '1'liat part of the Southeast Quarter of the Northeast Quarter of Section 2Q, 22 7bwnship 17 North, itangc '! Bast, W. A4., d<~srribed as follows: 23 (:t)tIllnl'[1C1[lb at the Northeast ctsrner o(said Scsuttteast Quarter; thence North 24 S$ degrees 29' S8" West alont; the Ncsrth tine of said Sautltcast Quarter, a distance of 25 966.15 feet to the Northeasterly ccsrner of Parcel flat Boundary l:.ine AdjusttnentNa. I3I.A-t3l),98 as recorded January 13,1992 under Auditor's .File Na. 920"l130177,1>einl; the 26 Yoint of 13eginnittg of this ciescripiicstl; thence Saudi 51 degrees 1't' 25" lsast along the 2 ~ Northeasterly line of said t'arcel A, a distance of 317.71 feet to the Easterly earner of said Parcel A; thence North 38 del;s~ees 4H' 35" cast alc-tig the Ncsrthcasterly extension 28 of the Southeasterly line of said I'arcc~l A, a distatce of AD.O(1 Feet; thence North 51 29 degrees 11' 25" West, a distance of 2Fs5.22 feet to the North line e-f said Southeast Quarter; thence North 88 degrees 29' 5t3" West along said North line, a distance of 65.99 feet to 3 Q the point of beginning. Containing 0.2676 acres, more or leas. 31 Situate in tltie County of 1'hurstou, State of Washington. 32 Subject to casements, restrictianta, and reservations of record. 33 3 4 FINDINGS OF FACT and 3 5 CONCL US(ONS OF LAW, l::arcltd! lt. 1~'tdher, Attorney at l..tiw, ~~9549 1 2 VI 3 That the Plaintiffs and their l~redc~cessors in title have lacer( in the actual, open, 9 adverse, notorious and uninlerrupteci possession csf the lands and f~rentises dc~sr.ribed 5 6 in Paragraphs 11, lll, and V above, and the whole fihereof, for tY~ore than ten (7U} years `~ immediately prior to the commencement of this action, and gave a connected title ~ deducible of record froth the l.lnited Stales of Art erica. 9 io i~ vlt 12 That each and every person. or party claiming any right, title, estate, .lien or z3 interest whatever in and to said lands and premises, or any portion thereof, is 14 included and made a party defendant herein under the name and title of ". 15 ~!) other 16~persons or parties unknown claiminf; any right, title, estate, lien or interest 'tn the ~~{real estafie described. in the c:ornl?laint herein" 18 1.9 Vti! 20 21 That the C.)efendants, and ear.h of thc~rrt, may rlatm Some right, title, estate, tic-n 22 or interest in and to said lands and pren~iscrs adverse to Plaintiffs' fee simple title, but 2~ Ifl trrlth c`lnd to tile( thC' 1)CfendantS, and each cif them, hilVe nO Interi'St, IICn, estate, 24 . 2s title or right whatsoever in and to said. lands and premises or any parfion thereof. 26 2~ .From the foregoing )itND1NCS C)11 rACrl; the Court makes the following 2s 29 CONCI~USTONS C)f~ IaAW 30 37, IBC 32 That the Court has jurisdiction of the parties and subject ri~atter of this action.. 33 3 4 FINDINGS OF F4CT and 3 5 CDNCL USIONS OF LAW, ~ C:curdtdl t7. ~4'adkcr. Artor~~rv at 1 nw Jxycin X 3~ ,T'hat the Plaintiffs, K~.NNf~.'t'I-i M. 1~1?1C:1-lrl, and L.II.L.IAN M. [21i1C1-Il?1., his 9 wife!, wire at the tlmC Of the COriln1CnCerllCnt of this action and now arc the owners s 6 in fee simple of the following described lands and premises in Thurston County, 1C 11 12 13 19 15 16 17 18 19 2Q 21' 22 23 24 25 26 27 28 29 30 31 32 33 34 35 ~ ashington: `.}'hat part of the Sauthcast Quarter of the Northeast Quarter of Sectioci 2!t, `li)wnship 17 No.rt}i,lZange 1 Lsast, W M., described as fullows: Commencing at the Northeast corner of said tioutheast Quarter; thence North 88 degrees 29' 58" West along tha North line o.f said Southeast Quarter, a distance of 966.15 feet to the Northeasterly corner of I'arccl Aof 13c)undary Lane Adjustment No. t3I.,A-8(1.38 as rerorded January 13, 7992 under Auditor's rile No. 9?0"I"!3[1'!77, being the Point of Beginning of this description; thence South S7 degrees 11' 25" East along the Northeasterly line of saic} Parcel A, a distan<~e of 317.71. feet to the Easterly earner of said Parcel A; thence Narfh 38 degrees 48' 35" East along the Northeaster}y extension of the southeasterly tine c)f said Parcel A, a distance of RO.00 feet; thence !North 51 degrees ll' 25" West, a cistance of 265.22 feet to the North line of sai d Soufhea::t Quarter; thence North 88 degrees 29' S8" Wcst atc)ng said Nort}t line, a distance of 65.99 feet to the point of beginning. Containing 0.2676 acres, more or less, Situate in the Cmmty of 7'hurstcsn, Stab'. Uf Wa6111ngtc)cl. Subject to easements, restrictions, and reservations of record. anal. the title of the Plaintiffs in and to said lands and premises should be quieted and estal~lislacd. Xl 't'hat each. and all of the defends.~nts, and the unl.nown heirs at law of any deceased defendant, and. all persons or parties unknown claiming any right, title, estate, lien. or interest in said real estate, or any part thereof, and all persons claiming under the defendants, or any of them, strhser~uent to first publication of process in this action on Aragtrst 30, 2002, be and they hereby are forever barred from having or asserting any right, title, estate, lien e}r interest in said lands and premises, or any hart CtNDINGS OF FACT and ~ONCL L1SlONS OF LAW, I:futdirl! i~. t~~':dkcr, A(tot'risy at l..aw, ~F~5q.9 ,~ !,`.. ~ 1'.U. !lox St=~(1, 312 Mnscnar~ A„~• .eru 1 hereof, adverse to Plaintiffs. 2 3 ~`k t ~ DONE 1N C)f'EN COUR~7' this ~~ d,~y of~!'~~~~-t~' Z, J 2002. 5 6 e ~ f'resen ted EX 1'A k I' 10 ~ by: RICHARD D. HICKS _ _~uncrJ ~_-_______-- .. r 11 ~ ~~ ~ ~ 12 - `~~~= --- ~ ---~--- RAN[.)ALL f.. WALKER, WSf3A # 9549 13 Attorney far f'lair~tiffs 12fafCl ff3f. 14 15 16 17 1$ 19 20 2Z 22 ~3 24 25 2b x7 2B 29 30 31 32 33 3q F1NOINGS OF FACT and CONGL USJONS OF LAW, 35 /,. t,fuict,d! t~. W:dker, Atrot~t~Cy t:t 1.,aw, #9,549 2 IC 11 1~ X3 !+1 ~~ 16 ~'l ~, 8. 3g 2 t) xz 2Z ~3 24 ZS zs 27 ~ t3 2A ~Q 31 ~~ 33 ~a 3~ O EXPEDITE Q Hearing is sec:. Date: Time _____..._.. _._._.._ Judge/Calendar: IN 'fl-1l; SIJI'h,IZIOIZ CC)EJIZ'1' C>l~ '1'I-il~; S'1'~'I'l~, C)I~ tN~SI flNt~it~~lV ; 1N ANl) I~t)!Z'I'1-ll t't.)UN'!'Y t~llr'I'!-IUIZS"I~t)N .. '.' ~"'-' NFU ~ ~ ?..AA2 '• KINNI'l'I t M. RI?tCl tl~,l. and Llf.l.l/1N ) M. 12E1Ct-iL;1.,, t lusband and Wifc, anti .____... • g ~ .i.;:.... I their .Marital Community, } k t'tA1Tl11f~R ~ ~ t 7 7 r,:-~f °vs. JOHN DOE No. 1 and JANET DOf: No. 1, Husband and. Wife, and each of there, and their Marital. t.ommunity; JU1-1N l:)O1: No. 2, a Single Man, if living, and if deceased, then the Personal Representative of the tatate of said JOHN DOE, No. 2 and the Unknown Heirs at law thereof; JANE DOE? No, L, Single Woman, if living, and if deceased, il~en the {'ersonal lrepreser~tafiive of the I?state of said JAM? 1)t)I~; No. 2 and lhc~ Unknown i Ieirs at law lhc~rc~of; the State of Washint;tc}n, its political suf~divisions; rrnc.i all other persons c>r parties unknown claiming any right, title, estate, lien or interest in or tc~ the real. estate described in the complaint Herein; Defendants. No. 02-2-~"I 39~-5 t~RE)E?R OED t)ISE~AUI;I' TF-tTS MAT'1'I:R coming on regularly for hearing in open court upc}n the motion of the Plaintiffs for an C~)rcter of 1~)efault against all of the defendants, and it appear.irig .from the files and records of this Court in this cause that service was tzad ORDER OFDEFAUt,T, l;wandall k. W~fk~a~, Attarncy at Law, #949 t'~ ,~/Ut, ~-- P.O. t3nx SI4(), 312 Mo~urw Ave. 8W YCit:r, 'WA c~ ~7; '1'0l. 360r4'.t8-4atID E c 1C 11 12 13 14 15 I6 17 18 19' 20 21 22 23 24 2~ 2s 27 28 29 30 31 32 33 34 ~ 35 1 upon the named Uefendants and classes of defendants, and each of them, by z ~ publication in the form and manner provided for in RC'1N 7.28.U10 and RCtN ~ 4.28.100, and as otherwise provided by law. First pcrblicalian having been made on August 30, 2002, and more than sixty (EiU) days have elapsed since that date, and the said defendants, or any one of them, not Ilaving appeared in this case in any manner whatsoever, but being- wholly in default, ancf the Court lx~ing ('idly advised; r~«w, therefore I'~l' IS 1-1hR}?BY C:)RD1?121~;U, Af)JUl)C1?D ANI) f)1?C;llfsf?}~) that all of the named Defendants be and they are hereby in default, and tlZe defalalt of said f)efendanis, and each. of them, is hereby entered, and the Plaintiffs are hereby allowed to introduce evidence and move .For judgment herein. DONE 1N O{'EN CUUIZ't' this ~ day of .~~~_____~ 2002. RICHARD D. HICKS 1'resenJed~:X !'Af: T!; by: ~~. -. ~~ RAI~TDALL R. WALKER, CNSf3A # 9549 ~` Attorney for Plain iffs RETC}-3EL )RDER OFDEFALILT, I:tuul.rtr r:. '1'1'etlker..4ttnt~et~:y nt I.r-w. !!9?vlcj 1a 11 ~x 13 14 1~ 16 i7 18 19 za 21 22 ~~ 24. zsj 26 27 28 3~ a t) 31 32 33 34 3t3 ^ EXPEDITE ^ Hearing is set: . Date; _____ _..r.___ ..____.._..~_ Timm -- __.__-- Judgc/Calendar: - _. _.. - - .. ~ -~ ~ r. ~ _ . ' ,~ P l NAV 0 ~ 2AQ7 f i .. 3 n i .~ ~... ~~_~ '~:~. ~. ~ ~ a .. IN `l'l Ili, SUPI?lZlt}1: CC)UI:'l' OI~'I'I li: S'l'A'I'1's OI~ WASI IINC`I'C}N IN AND POfl'1'1-1F COUN']'Y O1~ r['1-1U1zS'1'C)N Kl?NNf~;Tf~l M. I2E,IC1 IC~i. and l..ll.l_,IAN } M. ]lEIC1-1Ell, Husband anal Wife, and their Marital Community, } Plaintiffs, dvs. ~ ) )C)I=1N DUF' No. 1 and JANE UUE No. 1, ) I--Jusband and Wife, and each of them, and their. Marital Community; JUF~N DC)F; No. 2, ) a Single Man, if living, and if deceased, than the Personal. Representative c.~f the Estate of ) said JU]-IN DUts No. 2 and fihe Unknown Heirs at law thereof; JAN[, DUE No. 2, a ) Si.ngie Woman,rf living, and. if deceased, then the Personal Represent~~tive of the ) Istale of s~iid JAMS. I)Ol; No. 2 and the Unknown 1-leirs at law thereof; the State of } Washington, its political subdivisions; and atl ocher persons or parties unknown } claiming any right, title, estate, 1ren or interest in or to the real estate described in ) the comp]aint herein; Defendants. ) No. uL.-~-c:~~3ye~'-~ MO'C'IUN FC)R DF.(-~AUI.~I; and SU]'1'U]Z`I'1NG Arf~IDAVI'I' I. MOTION FOR ENTRY OF DEFAUiT COME NntN the Plaintiffs, KINNf;'t'1-( M. lZt?.ICI-l]y.l, and 1,1(.I.IAN M. ]ZI?.ICFiI:]., f-Iusband and Wife, by artd through ihcir Attorney c>f Record herein, MOTION FOR DEFAULT ] and SUPi,PORTING AFFIDAVIT , k ~ _...... liar~cialf I2, Wallccr, Attornay at Law, #3549 P.c), iiox S14n, 31Z Moasnata Ave, yW Ycltn,'WA t)f35c.)7;1'el. 360l4~8-~AtyO 1 I 2 3 4 5 6 9 i0 11J 1Z i 13. 1a! 15 16 17' ie~ 39. 20, ~~ zz ~3 as IlANDALL R. Wi1LKh.l:, and rt-ove the C:'ourt for an C)rder declarirtl; the l)efendartts,', JC)I-IN DOIi No. 7 find JANt~. lX)t? No. 1, { lusband and Wife, af-d each of there, and their Marital Community; jC)l IN l>Ot: Nc-. 2, a 5i--~;le Man, if living;, and if deceased, then the Persona) Izepresentativc of the l~state of said JC)I-IN I.)(~L: No. ?and the Unknown I--leirs at law thereof; JnNE~, I)C)l; No. 2, a Single Woirtart, if living, and if decc~ascd, then the Personal I:e~~resr.nlative of the l;slale of saic.~ JnNI?. 1)C)l~. Na. L and the Unknown I-lcirs at law thereof; the Staie of Wasltirtgton, its political subdivisions; and all otltcr persorts or parties ranknown claiming any right, title, estate, lien ar interest in or to the real estate described in the complains herein; and t each of ilrem, to be in default herein. THIS MOTION is based upon the files and. records herein and upon the subjoined affidavit. ' ,~~ l:)A'C'l:;f_) ibis ~~day of Navernber, 2002. i ..~ ~ /} ,~ T LzANI)Ai.l. 12. WA1.K1~.12, Attorney at ),aw, #95g9 tlltorncay for l'l~.rinliffs IZ[:lC:l l!?l, iJ. SE)YP()lt`i'INCl AI.+I:~tl)AVI`I' ()l~ i'LAtN`l'11~11 STA'L'E Ol; tNASI-.[INC:rI'ON ) sS. C'UUNT1'Y OF 'T'I-i URS"I'ON } KENNETtI RE?ICI--1t1~, being first duly sworn on aaih, states that: 31~ 321! 33~ 34 3S{ 1 am one of the F'lairttiffs in the above-entitled ac.#ion and n-ake this declaration of my personal knotivledl;e and in sc-ppc--rt c>f my Nation for fk~fauli against the named l3efendants, and each of them. MOTION FOR DEFAULT and SUPPORTING AFFIDAtltT , I'agc ~ of ltruuWi lt. Walker, Attwzruy at I,riw, #~.~549 P.A. Hox 514(), 312 Maeiuau Ave. 51W Yclu:, WA ch35s)'1;'i'el. 3641458-44110 My wife and I own two (2) parcels of 'Thurston County real I~~roperty which we 9 In 11 1x 13 la 13 Y6 i7 18 19 2 t1, 211 22 23 as 25 26 27 as a~ 3Q 31 32 33 34 38 wished to develop, and in within the last year we submitted a boundary line adjustment to tlfe 'i'hurstor~ Ccaunly Planning t)eh~crtment fc~r review. /1s ~ hart of that process, we also obtained a title search and repc~ri. When eve received the title report, we ware shocked to learn that the legal descriptions of cur propcarties, which we had always supposed were abutting;, irr fact did not abrjt; a narrow strip cif "ro- man's land" was foc:rnd to exist tactween our parcels. 't'Itiis intervening strip of land effectively precludes the County from f; ranting c>f the boundary line adjustment we sought, and will do so unless and r.rntil title io the "disputed" siril~ is quieted in us. l~ Despite efforts to do so, ocrr Title company was unable to determine any specific person, persons, or entities wl~o rniglit owra or claim arty interest in the described strip between. our parcel<~, this ship havnf; been rt,lly and continuously fencecl and enclosed. by us for much. more Than ten ('l0} years prior io or.rr filing this action to quiet title. _..__ .. ;~'' 't'hrough our Attorney we sor.rght, and cpri August 20,002 i~ C'oi.rrt granted, an 1 ~. Order Allowing; and I~)irectirig 1'ut~lication caF Process ire this action pursuant to 12CW 7.28.U!() and in the rn~~nncr descri!>~ci,,in an l~rovidc~d for ira I~t'lh` ~i.2fi.30U. i~irst Publication occurred or i~ugusl 30, 2002, arie~ continued for six {fi) successive weeks, ~,~-.... as appears in the Affidavit of t'u~lication on file hereirti. More than sixty (F>0} days }rave elapsed since first pirbJication of process, and no named or unnamed Defendant, per:5on or entity has served or filed any Answer to the Complaint filed herein and served. by publication, car or otherwise appeared in any way in This cause of action. `1'he tune l?rovided by law for so doing tras expired as to each of the named Defendants and classes of defendants, ~rrrd ilte default of tl~e MOT101V FOR DEFAULT acrd SUPPORTING AFFIDAVIT , Page ~ of ~/ l~urctill 12. Walker. Attorney ar l.riw, #9549 P.(7,13ox 514(1, 312 Nloemau Ave. ~u'W Yclr~i, WA c3f35{a7; T'ct. 3601458-4400 1 2 3 4 5 fi 7~ (3 9 10 ~ >. 12 13 la 15 16 1'I 18 19 20 21 22 23 2a 25 26 2~r 2e 29 30 31 32 33 34 35 Defendants, and each of them, should no~v be entered. We believe that there are no actual adverse claims or claimants to this scrip of property, that conflicting claims are not actual brrt rather theoretical, and therefore allege that na defendant is an active member of the armed military services of the United States. Jurisdiciic~n and venue arc proper before the above Court, the subject really being entirely located in 'C'hurston Col.inty, Washington. -~ ~ _ ~_ __ Plaintiff/ 1-lusband's Signature r6 Subscribed and sworn to before me this ~~ of November, 2002. ,.. ~ ,/ .., , , Notary T'ublrc in and far the State of Washington, residing at ~~~ My Commission exp'rres:c~~r~v ~~ P.rese.nted FXPAP.7'E by: 7 j`~ . -~ 'RnNDA1.I. R. WnI,K!!,R, WSI3n # 9~4~;~ Attorney for .Plaintiffs REfCf-tEL MOTION FOR DEFAULT and SUPPORTING AFFlDAt/!T , Pab~ ,~ c~1' ttiuuiull R, Wt~Eke:r, Acfc~ritey rat I.,ftsv, 0.549 I'.U. Iic~x 5140, 3121VtasmFatt Ave. SW l''alrn, WA 985)7; 7'ct. 3E0l458-440(} ^ BXPEDITE 0 Hearing is set: rc lI i~ 13 1~ ~~ 16 iy x8 I9 zo 21 2~ ~~ 24 2~ 26 27 28 2A 30 31 32 33 34 38 Date: Tune:. 3udgolCalendur: [N '1'1-lE; SU1-'i~.1~lUl~ CC)U[Z'I' C)f~ '1't t1? ~~t A;1 is C)!? tNA5~1~111'1C;1 U1V__~ IN ANC) FO[:'I'1-l f? COUN'I'1"Ui~?:`I'l IUIZS''I'UN ~°' .... :: ,._.._ KfsNNE`1'1-I M. lZG[Cl-ll~l:, and l.l[-.,L.,IAN } t ! /~(~ ~ ~WU `] l~ ~lJ~~ k M. Rl~,lCl-iEL,1--1usl~and and 1Nife, and : i `• y their Marital. Community, } ~ ~~:~ _ C'laintiffs, , '~ .. ~ „ - t JOHN DUT No. 1 and ]ANG l)Ul? No. "I, ) Husband and Wife, and each of them, anti their. Marital Community; .jOf-IN Dots' No. 2, ) a Single Man, if living, and. if deceased, then : tli.e Personal Represerriative of tale Estate c,f ) sa-id )UH:N DUE No. 2 and. the Unknown Heirs at Law thereof; JANL DOG No. 2, a ) Single Woman, if living, and if deceased, then the !'ersonal 12epresentative of the ) Estate of said JANf.: UOf No. 2 and the Unknown 1 teirs at law thereof; the Sl~~te of ) Washington, its political sr.rbdivisions; and all other persons or parties unknown ) claiming any right, title, estate, lien. or , interest in or to the real estate described. in } the complaint herein; Defendanfs. ) Nc~. 02-2-01395-5 F'Uti1..lSIitR'S AF~F~II~AVI`f' AT'~l'ACHt:D 1-lGlZE'T'O AND I{tL.ll) l-IERE?W1'i't-{ is the oril;inal Affidavit of t'ublication of the Surnrttons in lhc~ above-entitled matter, the' same evidencing that first publication. occurred October 3t1, 2002, and coniinued weekly for six (6) successiv PUBLISHER'S AFFIDAVIT, li~rttfdall R. W~1Drr, Attttt'rxoy ~t LaW, #9349 ~L P.{l. Jinx 5140 312 MA~rawa ~vo, ~W i'ngc -.~ ul' 1 ~t`sx c(: !f!/~~ ~ /% t'~° Yclrn, 'WA rx34r.t7; 'i'o1.364t4S8•a4U0 1 eeks (including such first publication date 1l pursuant in and in satisfaction of the ), a z 3 pplicab[~ rec~uiren~ents for notice by publication containc.~d in I:CW 7.28.010 and 4 IZCW 4.28.100. Such publisher's original affidavit is by this reference incarparated 5 herein as fihough here fully set forth. ~ DATED: ~9~~i'~sr~..u7 _~~ - , 2002.-7 B ~,~- i 9 Icy: ,,( -- _~; - , ~ ~' - ` 10 ----- ~ -•-- 11 ItANI)A1.[, ll. WA1.Kl[Z, WS13A #9549 Attorney far ['l~intiffs IilsiC[-lEl~ 12 z 14 x~ 16 17 Y8 19 20 2i 22 23 24 25 26 2~ 2e 29 30 31 32 33 g4 PUBLISHER'S AFFIDAVIT 35 ~- No. 02.2-01398.6 SUPERIOR COURT OF WASHWOTON FOR THURSTON GOUNTY ~ :y•,,~~ i'z~i', •; KENNETH M. REICHELend LILLIAN `t»;u~.~o, ~~ M REICHEL, Husband end Wlte, end ~,; yu, ap. `~~ m nlty, Plalntitle, fholr Morltal Com u i~ 2;;~ ~ ~ ~'< t; ; ~~~~ JONN DOE No V1 end JANE DOE '~' ~~~ •,~ .' ;• ; No.t, Husband end Wlle, and oath `r "' ; d them, and tholr t,Aarltal CommuMtY; ,. ; ;• JOHN pOE No. 2, a Single Man, H A !(arne-Otimed lxgn! Nrwappper Oa 'Tllurstun Cr~unry '1wng, and it decensed, then the ~Perso~ Represerdatlve of the Fatale of said JOHN DOE No. 2 and the YELM, WASHINGTON 98597 Ur;,uwwnHalreatLawthered;JANE pOE No. 2, a Single Woman, tt Uving, and N daceseed, then the Personal AFFIDAVIT OF PUBLICATION Re resentativeofineEstateoteaid JANE DOE No. 2 and the Unknown • Heirs at Law the ~ntca~ subdrvletbnst Washington, it's Poisons or partlbs STATE OF WASHINGTON SS and ail diner pa rl nt tine, unknown claiming any g County of Thurston estate, Ilen dr Interenf~ °~~ reel estate described horeln; Keven R. Graves, being first duly sworn on oath depos- appear winin 9xbY iii d i~ a,<e es and says that he is the Generai Manager/Editor of the data oT Slrat publication of this Summons, to wit, wilhut within 80:. the Nisqualiy Valley News, a weekly newspaper. That a`~dcete di~ea m`~teer~n~+ a ° said newspaper is a legal newspaper and has been ln,hd.abdve•entltled cart, end approved as a legal newspaper by order of the Superior RECHEt.,endserveacopyPotlY Court in the county in which it is published and it is raw AnBwar~ppa~nUteundetsktnetlAttdmeY for the Plalntltfs REIC~HEI, at hl8 and has been for more than six months prior to the date ottlce hddreas below stated; and In , case of your (allure so to d°, Judgrha^t of the publications hereinafter referred to, published in onto dydB Onshyou~mpa°dota~s the English language continually as a weekiy newspaper ~,,dnhasti~eenntedwltntnectarxdt in Thurston County, Washington, and it is now and dur- NaYfJAEOFACTION:TheVlaintHfs ing ail of said time was printed in an office maintained at REIC~IELareseekingpuiettltletoa narroVr strip of land lying between the aforesaid place of publication of said newspaper. twdpardetad;ond~ ^~ ~ P tdr mfrs than Y to be'' contlguous and Contlnutlwty . encb~ed try PIa1nUNa Tor ezduake use, That the annexed is a true copy of Summons by deactlbeaaaiotldWa,tdwlt:rhatpatt Publication No. 02-2-01398-5 (Reichei) as it was pub- N ~~aat°~Q arses of Section P4, fished in regular issues (and not in supplement form) of Township 17 North, Aange ~ east, W,M!„ described as Igllows: said newspaper once a week far a period of 6 consecu- cdr>imencingattneNdrtneaatcomar Nosgt88degrees29 58°Weenelo°r~Bp. tive weeks}, commencing on the 30 day of August, the Ndrth Nne o1. said Southeast: 2002, and ending on the 4 day of October, 2002, both pu rter,adlstanceo1908.15feetto dates inclusive and that such newspaper was regularly o~ o dary'~i~e and tatmen NiQ distributed to its subscribers during all of said period. ; BsA2~un ar pud~oa gaFl,aryNtl~ That the full amount of the fee charged for the foregoing 92ot13ot~7 being the Point of Outti^51 deg e~ae t1~25tEa6talong publication is the sum of $555.75. thdN°HheesterVyltheoPsaMParoel A,"a distance of ~i7.71-feet to the Edsterly corner of said Parcel A; thence Nontt 3$ degrees A8' 35"East alongg the Northeasterly eztenslon of the Southeasteriy Una oT said Partial: A.; a distance of 4ti.00 Eeet; thence. NertFi 5t:degrees 11',26 We9t, fl' distance. of 28522 te91, to itie_NOtth tl 'e OT saitl Soultieast Quarter; tnerttle N dh 88 degrees 29' 6t3" westelon9 North Bre, a dlstarica of e6.99t0et 02878 atcres,bmors tlr~ess.ni9lning taste to the County of Ttiureton, ate of Washington., Subject to' asemente,'restrtctlons, and: Subscribed and sworn to before me this aervatlonsotrecotd; ' 4 day of October, 2002. APED+hlst9thdeyotAUgl~tVVS~8+4 y:ls! RANDALLR, WAt~cE ~#p 9549 /''~ Atlomey for plaint4tls REICHEL: C~ 1 -Y„ • $w: 6oz 5140, 3t2 Moamar Ave.. ~r j Ystm, WA98597.5i40; Tet # 3881 ' ' EGAL NO. NVN-2182 Notary P..'U'f lic in and for the State of Washington, 11fi PubhshediNiequauyVelleyNewe 1 "August 30, Soptember 8,13, 2n. 2y~ ~~ residing at Yelm, Washington. 1 opt°~8,~'20g~ ~~ ••ttlr. -~~rusf~>I~ : ~.'..r~ G~ -~/' O~ IYASN~~,I~~~d, 1 2 3 4 5 6 7 8 9 10 I2 12 13 14 15 16 i~ i8 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 _ ~ '~ ~ ~ es ~~ ~:x IN THE SUPERIOR COURT OF THE STATE OF,WAS~L~GT~I~~~a IN AND FOR THE COUNTY OFD THURS - O _ ~ ~~ __.~ .. KENNETH M. REICHEL and LILLIAN ) - N~_,~,~,` ~~ L v JET-.~ M. REICHEL, Husband and Wife, and '- ~:-; ~~ ;f:z~ j; s-~ rcat~rW.7 ~ ~'~ t)f 4:.i: ~i:.l ~f~.fi their Marital Community, ~ _ Plaintiffs, vs. JOHN DOE No. 1 and JANE DOE No. 1, ) Husband and Wife, and each of them, and their Marital Community; JOHN DOE No. 2, ) a Single Man, if living, and if deceased, then the Personal Representative of the Estate of ) said JOHN DOE No. 2 and the Unknown Heirs at law thereof; JANE DOE No. 2, a ) Single Woman, if living, and >f deceased, then the Personal Representative of the ) Estate of said JANE DOE No. 2 and the Unknown Heirs at law thereof; the State of ) Washington, its political subdivisions; and all other persons or parties unknown ) claiming any right, title, estate, lien or interest in or to the real estate described in } the complaint herein; Defendants. ) SUMMONS BY PUBLICATION Page ~ of ,~ - - _.~ °. ` SUMMONS BY PUBLICATION (RCW 4.28.100 RCW; 60 Days) Randall R. Walker, Attorney at i,aw, #9549 P.O. Box 5140, 312 Mosman Ave. SW Yelm, WA 98597; Tel. 3601458-4400 1 2 3 4 The State of Washington to JOHN DOE No. 1 and JANE DOE No. 1, and his 5 wife, and each of them, and the Marital Community of them composed; to JOHN 6 ~ DOE No. 2, a Single Man, if living, and if deceased, then to the Personal 8 Representative, and Unknown Beneficiaries of the Estate of said JOHN DOE No. 2 9 and the Unknown Heirs at law thereof; to JANE DOE No. 2, a Single Woman, if 10 I1 living, and if deceased, then to the Personal Representative and Unknown 12 Beneficiaries of the Estate of said JANE DOE No. 2 and the the Unknown Heirs at law 13 thereof; the State of Washington, its political subdivisions; and to any and all other 14 15 persons, parties, or entities unknown claiming any right, title, estate, lien or interest ~ 6 in the real estate described in the Complaint herein, Defendants: i~ You and each of you are hereby summoned to appear within sixty (60) days i8 19 after the date of first publication of this Summons, to wit, within 60 days after the 20 :_U day of ~~`~ ~r~'2' 2002, and defend the above-entitled action in the 21 above-entitled Court, and answer the complaint of the Plaintiffs REICHEL, and serve 22 23 a copy of your Answer upon the undersigned Attorney for the Plaintiffs REICHEL, at, 24 his office address below stated; and in case of your failure so to do, judgment will be ~I 25 rendered against you according to the demands of the Complaint, which has been j 26 z ~ filed with the Clerk of the said Court. 28 This is an Action by the Plaintiffs REICHEL to Quiet Title to certain real 29 property, which they have had continuously fenced and of which #hey have .been in 30 31 exclusive possession for a period greater than ten (10) years last past under claim of 32 right, as against actual or potential claims by any person(s) or entity(ies) whomsoeve 33 which roe is described as follows, to-wit: 34 P P ~ 35 ~ That part of the Southeast Quarter of the Northeast Quarter of Section 24, Township 17 North, Range 1 East, W. M., described as follows: Rmidall R. Walker, Attorney at Law, #9549 SUMMONS BY PUBLICATION P.O. Box 5140, 312 Mosman Ave. SW Page 2 0{ ~ Yelm, WA 98597; Tel. 3601458-4400 to I1 12 13 14 15 16 17 i8 19 20 21 zz 23 24 2 5' 26~ 27 29 29 30 31 32 33 34 35 Commencing at the Northeast corner of said Southeast Quarter; thence North 88 degrees 29' 58" West along the North line of said Southeast Quarter, a distance of 966.15 feet to the Northeasterly corner of Parcel A of Boundary Line Adjustment No. BLA-8038 as recorded January 13, 1992 under Auditor's File No. 9201130177, being the Point of Beginning of this description; thence South 51 degrees 11' 25" East along the Northeasterly line of said Parcel A, a distance of 317.71 feet to the Easterly corner of said Parcel A; thence North 38 degrees 48' 35" East along the Northeasterly extension of the Southeasterly line of said Parcel A, a distance of 40.00 feet; thence North 51 degrees 11' 25" West, a distance of 265.22 feet to the North line of said Southeast Quarter; thence North 88 degrees 29' 58" West along said North line, a distance of 65.99 feet to the point of beginning. Containing 0.2676 acres, more or less. SUMM Page ~ Situate in the County of Thurston, State of Washington. Subject to easements, restrictions, and reservations of record. - - - -- ------------- RANDALL R. WALKER, WSBA # 9549 Attorney for Plaintiffs REICHEL P. O. Box 5140, Yelm, Thurston County, WA 98597 Tel. No. 360/458-4400 ONS BY PUBLICATION P.~3. Box 5140, 312 Mosman Ave. SW of ~- Yelm, WA 98597; Tel. 3601458-400 DATED this ~9 day o ~~ 2002. Rauda~l R. Walker, Attorney at Law, #9549 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 26 27 2s 29 30 31 32 33 34 35 ~; ~ -- M,:°%Ii . ~__. ~ ~ HUl7 ~ ~ ~~~2 ..,.: IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF THURSTON KENNETH M. REICHEL and LILLIAN ) M. REICHEL, Husband and Wife, and their Marital Community, ) Plaintiffs,. vs. ) JOHN DOE No, 1 and JANE DOE No. 1, ) Husband and Wife, and each of them, and their Marital Community; JOHN DOE No. 2, ) a Single Man, if living, and if deceased, then the Personal Representative of the Estate of ) said JOHN DOE No. 2 and the Unknown Heirs at law thereof; JANE DOE No. 2, a ) Single Woman, if living, and if deceased, then the Personal Representative of the ) Estate of said JANE DOE No. 2 and the , Unknown Heirs at law thereof; the State of ) Washington, its political subdivisions; and all other persons or parties unknown ) claiming any right, title, estate, lien or interest in or to the real estate described in } the complaint herein; , Defendants. ) ~~ ~~~~ ~~ MOTION AND ORDER ALLOWING /DIRECTING PUBLICATION OF PROCESS I. MOTION FOR LEAVE TO PUBLISH PROCESS COME NOW the Plaintiffs, KENNETH M. REICHEL and LILLIAN M. MOTION & ORDER ALLOWING PUBLICATION OF PROCESS, Page .,~of Randall R. Walker, Attorney at Law, #9549 P.O. Box 5140, 312 Mosman Ave. SW Yelm, WA 98597; Tel. 36014581'00 7 8 9 10 I1 12 13 14 15 16 i~ 18 19 zo 21 22 23~ 24 25 26 27 28 29 30 31 32 33 34 35 REICHEL, Husband and Wife, and their Marital Community, by and through their undersigned Attorney of Record, RANDALL R. WALKER, and move the Court for an Order Allowing and Directing the Publication of Legal Process, pursuant to RCW 7.28.010 and in the manner described and provided for in RCW 4.28.100, for the purpose of to obtaining and establishing jurisdiction over and against any and all unknown Defendants who claim or may claim any actual or perceived lien, right, or interest, at law or in equity, in or to the subject real property described in the Plaintiffs' Complaint, or any portion thereof; and to any other and further Defendants who may be identifiable but whose whereabouts for purposes of personal service cannot be determined after due diligence. DATED this ~~ y 2002. - - --- -- - ------------- RANDALL R. WALKER, WSBA # 9549 Attorney for Plaintiffs REICHEL II. EX PARTS ORDER FOR PUBLICATION OF PROCESS THIS MATTER having come on regularly before the above-entitled Court upon the Motion of the Plaintiffs REICHEL, made by and through their Attorney of Record, RANDALL R. WALKER; the Court having heard the argument of said counsel Ex Parte; and it appearing that there are or may be actual or potential defendants in this matter who have or may have claims or arguable claims against the subject Thurston County property, the identities and / or whereabouts of which parties being indeterminable despite the exercise by Plaintiffs of due diligence; now, therefore, it is hereby MOTION & ORDER ALLOWING PUBLICATION OF PROCESS, Page ~of ltandalt R. Walker, Attorney at Law, #9549 P.O. Box 5140, 312 Mosman Ave. SW Yelm, WA 98597; Tel. 3601458-4~~00 z 3 4 5 6 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 26 29 30 31 32 33 34 35 ORDERED, ADJUDGED, AND DECREED that, pursuant to RCW 7.28.010, the Plaintiffs REICHEL are permitted and directed to publish process directed to such actual or potential defendants in any newspaper in Thurston County approved by the Court for legal publications, in the manner provided for in RCW 4.28.100; and on completion and proof of such publication and the lapse of the statutory 60-day response period thereafter, Plaintiffs are permitted to move for and obtain an Order of Default against any and all such parties or individuals, known or unknown, who by that time have not filed an Appearance or an Answer in this cause of action, extinguishing, barring, and foreclosing any actual, arguable, or potential claim(s) of such parties or classes of parties in, to, or against the Plaintiffs' real property described in their Complaint herein. DONE IN OPEN COURT this ~ ~ day of ; i~ )' ~~' ~~. 2002. L~PtriEEL J. BERSCHAUER JUDGE / C Pres EX PARTS by: -- = - - - ------------ RANDALL R. WALKER, WSBA # 9549 Attorney for Plaintiffs REICHEL MOTION & ORDER ALLOWING PUBLICATION OF PROCESS, Page ~ of ~ Raadall R. Wacker, Attorney at i.aw, #9549 P.O. Box 5140, 312 Mosman Ave. SW Yelm, WA 98597; Tel. 360!458-4400 9 5 6 7 8 9 to 11 12 19 14 15 16 1.7 18, l9i 20 2I 22 23 24 as 26 27 2B 29 30 31 32 33 34 38 IN THE SUPERIOR COURT OF THE S' IN AND FOR THE COUNTY KENNETH M. REICHEL and LILLIAN M. REICHEL, Husband and Wife, and their Marital Community, ~~++ Plaintiffs, ~J. JOHN DOE No. 1 and JANE DOE No. 1, ) Husband and Wife, and each of them, and their Marital Community; JOHN DOE No. 2, ) a Single Man, if living, and if deceased, then the Personal Representative of the Estate of ) said JOHN DOE No. 2 and the Unknown Heirs at law thereof; JANE DOE No. 2, a ) Single Woman, if living, and if deceased, then the Personal Representative of the ) Estate of said JANE DOE No. 2 and the Unknown Heirs at law thereof; the State of ) Washington, its political subdivisions; and all other persons or parties unknown ) claiming any right, title, estate, lien or interest in or to the real estate described in ) the complaint herein; Defendants. ) 202 ~ 4 _ COMPLAINT TO QUIET TITLE TO REAL PROPERTY COME NOW the Plaintiffs, KENNETH M. REICHEL and LILLIAN M. REICHEL, Husband and Wife, and their Marital Community, by and through their COMPLAINT TO QUIET TITLE, ~~~ itand~l R. Walker, Attc~tt~y at Law, X4349 P.O.13~t 5140, 312 Mosmau Ave. SW Yelm, WA 985097; Tel. 36(}1458400 1 2 3 Attorney of Record herein, RANDALL R. WALKER, and for cause of action against 4 the above-named Defendants, and each of them, state and allege as follows: 5 s I. PLAINTIFFS 1. Plaintiffs REICHEL. Plaintiffs KENNETH M. REICHEL and LILLIAN M. 8 g REICHEL (hereinafter referred to as "REICHELS", for ease of reference only) are l0 Husband and Wife, and at all times relevant hereto have been and now are residents 11 of the County of Thurston, State of Washington. 12 13 14 II PLAINTIFF OWNERS IN FEE 15 2.1. The Plaintiffs REICHEL are now and at all times relevant hereto have ~' 6 been the owners in fee of a certain parcel of real property located ir< the County of i~ . 18 Thurston, State of Washington, being Thurston County Tax Parcel No. 21724140700, i 9 the true legal description of which is as follows: 2 0 Parcel A of Boundary Line Adjustment No. BLA- 8038 as recorded January 13,1992 2I under Auditor's File No. 9201130177; 22 ALL IN Thurston County, State of Washington 23 ~ 4 2.2. The Plaintiffs REICHEL are now and at all times relevant hereto have 25 been the owners in fee of a certain parcel of real property located in the County of 26 Thurston, State of Washington, being Thurston County Tax Parcel No. 21724140600, 27 the true legal description of which is as follows: 2e Zg That part of the Southeast quarter of the Northeast quarter of Section 24, Township 17 North, Range 1 East, W.M., described as follows: 30 31 Beginning at the Northeast corner of said Southeast quarter of the Northeast quarter; thence South 89 degrees ll' 05" West 321.04 feet to the True Point of Beginning 32 thence South 13 degrees 46' East 32.87 feet; thence South 36 degrees 29' 30ry West 333.4 feet; 33 thence North 53 degrees 30' 30'=West 489.8 feet; thence North 89 degrees 1' 05" East 581.34 feet to the True Point of Beginning; 34 38 COMPLAINT TO QUIET TITLE, Ita~xlall R. Walker, Attart~y at Law, X9549 ~ Z ~, ~ P.O. Box 5140, 312 Mosntiau Ave. 3W Yelm, WA x.597; Tet. 3641458-4400 s 3 EXCEPTING THEREFROM any and all public road(s) and way(s); ALSO EXCEIiTING that portion deeded to East Haven Villa L. L C., as recorded 4 June 5,1998 under Auditor's File No. 3158441; 5 ALL IN Thurston County, State of Washington 6 7 III. EXCLUSIVE OCCUPANCY BY PLAINTIFFS GREATER THAN 10 YRS. 8 9 3.1. Plaintiffs' two (2) real properties hereinbefore particularly described in io Section IV, Paragraphs 4 and 5 of this Complaint have each been openly, 11 12 continuously, and exclusively occupied by the Plaintiffs, under claim of right, for a 13 period in excess of ten (10) years last past, and were believed by the Plaintiffs I4 REICHEL to be contiguous, abutting parcels. For the same period in excess of ten (10) 15 15 years last past, Plaintiffs have maintained a perimeter fence around their two ].7 described parcels, completely each, including the entire area of the supposed le common boundary where the two parcels were thought to abut. Incident to a 19 20 prospective Boundary Line Adjustment for which the Plaintiffs have recently 21 applied to local governmental planning authorities, Plaintiffs recently obtained a 22 search of the titles of both their aforesaid properties, and were advised that the legal 23 24 descriptions for their respective properties did not actually abut, but that a narrow a5 strip instead existed between their two above-described parcels, clouding title and 26 precluding approval of their pending boundary line adjustment unless and until titl 27 28 to such strip first be quieted in the Plaintiffs as against any other and further known 29 or unknown, actual or potential claimants thereto, extinguishing any and all such 30 claims, in favor of the Plaintiffs. This strip of land, as to which claims may later be 31 32 raised adverse to those of Plaintiffs, is more particularly described as follows, to-wit: 33 That part of the Southeast Quarter of the Northeast Quarter of Section 24, 34 Township 17 North, Range 1 East, W. M., described as follows: 35 COMPLAINT TO QUIET TITLE, l~a~t R. w~l~, AtEorney ~ baw, ~ssa9 P.O. Aox 514E3, 312 Mosmau Avc. 3W Page -- ~ ~ Yelm, WA~ 9859'1; Tel. 364f458-4400 1 IO 11 12 13 14 15 i6 17 18 19 20. 21 ~I 22 23 24 a5 Z6 27 2e 29 30 31 32 33 34 3S Commencing at the Northeast corner of said Southeast Quarter; thence North 88 degrees 29' 58" West along the North line of said Southeast Quartet a distance of 966.15 feet to the Northeasterly corner of Parcel Aof Boundary Line Adjustment No. BLA-8038 as recorded January 13,1992 under Auditor's File No. 9201130177, being the Point of Beginning of this description; thence South 51 degrees ll' 25" East along the Northeasterly line of said Pazcel A, a distance of 317.71 feet to the Easterly corner of said Parcel A; thence North 38 degrees 48' 35" East along the Northeasterly extension of the Southeasterly line of said Pazcel A, a distance of 40.00 feet; thence North 51 degrees ll' 25" West, a distance of 265.22 feet to the North line of said Southeast Quarter; thence North 88 degrees 29' 58" West along said North line, a distance of 65.99 feet to the point of beginning. Containing 0.2676 acres, more or less. Situate in the County of Thurston, State of Washington. Subj ect to easements, restrictions, and reservations of record. ALL IN Thurston County, State of W ashington. I V. DUE DILIGENCE BY PLAINTIFFS; UNIDENTIFIABLE POTENTIAL CLAIMANTS ALLEGED 4.1. Plaintiffs REICHEL have made diligent efforts to determine the existence, identities, ages, places of residence, and post office addresses of each and all of the potential claimants named as defendants in this action, and their unknown heirs, gran#ees, devisees, personal representatives, successors and assigns, and whether of them be living or deceased. Except for those described herein, Plaintiffs have be unable to identify or locate any such claimants or defendants, either within or without the State of Washington, or to ascertain the post office addresses or places residence of any such defendants, and therefore allege such potential claimants as follows: 4.2. Defendants Does Nos. 1: Defendants JOHN DOE No. 1 and JANE DOE No. 1 (hereinafter referred to as "DOES Nos. 1", for ease of reference only} are unknown persons and potential- claimants to some interest in the subject property, the existence, identities and whereabouts of which persons have not been discoverable by the Plaintiffs REICHEL despite the exercise of due diligence, and COMPLAINT TO QUIET TITLE, ltanclall R. Walksr, Attorney at Law, #9549 ~ ~~ -.7 P,t?. Box 514U, 312 Ivlosmau Ave. 3W Yelm, WA X597; Tel. 3bt}/4~-440Q whom at all times relevant hereto have been Wife and Husband, are now and at all relevant times have been domiciled in the State of Washington, County of Thurston, constituting a Marital Community under the laws of the State of Washington. 4.3. Defendants DOES Nos. 2: Defendants JOHN DOE No. 2 and JANE DOE It I] li 13 I4 19 16 ].7 le 19 20 2I 22 23 24 25 26 2y 26 29'', 30 31 32 33 34 38 No. 2 (hereinafter referred to as "DOES Nos. 2", for ease of reference only) are unknown persons and potential claimants to some interest in the subject property, the existence, identities, and whereabouts of which persons have not been discover by the Plaintiffs REICHEL despite the exercise of due diligence; each is a Single Person, is now and at all relevant times has been domiciled in the State of Washington, County of Thurston. 4.4. Other Defendants: The other Defendants alleged are unknown public and/ or private entities, potential claimants to some interest in the subject property, each of which may be either within or without the State of Washington, the existence, identities, and whereabouts of which entities have not been discovered by the Plaintiffs REICHEL despite the exercise of due diligence. V. PLAINTIFFS' TITLES CLOUDED BY POTENTIAL CLAIMANTS 5.1. DEFENDANTS, and each of them, may have or make some claim to Plaintiffs' described property, thus clouding Plaintiffs' title thereto, whereas in truth and in fact such Defendants, and each of them, have no interest, claim, estate, lien o~ right in or to said lands and premises of any kind or nature, or to any part thereof, ' nor to any of the Plaintiffs' said realty. Each and any such claim, if ever extant, has been extinguished by doctrine of Adverse Possession, and should be barred by Judgment of the Court entered herein. COMPLAINT TO QUIET TITLE, Pam ~~ 7 lta<xlall R. Walker, Atiar~y at:Law, X9549 P.Q, flox 5140; 312 Masmau Ave. 3W Yeim,'WA 913597; Tel. 360f4S8-4404 VII. SUBSTANTIAL DAMAGES; FULL DEVELOPMENTI' THREATENED; NO ADEQUATE REMEDY AT LAW 7.1. By reason of the potential claim(s) of the above-described Defendants e 9 10 a1 12 13 I4 X5 16 7.7 }. 8, 19 20 xl z2 23 24 as 26 27 28 29 30 31 321 33 34 38 against Plaintiffs' described real property, and each of them, Plaintiffs REICHEL have been obliged to bring this action to quiet title to the disputed property, and to bear substantial expense in connection therewith. Plaintiffs' real properties values and commercial marketability thereof have been damaged and diminished, Plaintiffs' ability to repartition and/or develop their said property, and governmental review and permitting of such planned partition and/or development have been impaired. Plaintiffs' damages by reason of potential claims of the unknown Defendants are substantial and continuing. 7.2. Plaintiffs have no speedy or adequate remedy at law by which to clear property title as against the claims of the Defendants. Such claims, if continued, will cause Plaintiffs further irreparable harm. WHEREFORE, Plaintiffs pray the Court enter judgment granting to Plaintiffs and against the Unknown Defendants, and each of them, their family members, invitees, and any person or entity whomsoever claiming by or through them, or of them, the following relief: 1) That Plaintiffs' title to their above-described real estate parcels be and title to the strip between such parcels be established and quieted in them and each of them in fee simple, against the actual or potential claims of any and all claimants J defendants, or any of them, their family members, successors, COMPLAINT TO QUIET TITLE, ~~ ~ ~ ~ lianclal} R. Walker, Attarra±y at Law, #9549 P.O. Hoa 5140, 312 Mosmea Avc. 3W Yelm, WA 9859'I; TeI.3b(}/4$8-4400 1 ' 2 3 beneficiaries, and any persons or entities whomsoever claiming by, through, or 4 under them or any of them; and 5 6 2) That all such potential. claimants/ defendants, and each of them, be forever ? barred from having or asserting any right, title, estate, lien, or interest in or to the e said lands and premises herein described, including Plaintiffs' two parcels and also s 10 the strip between them; and 1 X 3)) For such other and further relief as may to the Court appear just and 12 equitable in the premises. 13 14 DATED this l ~ day of i ~' ~ ~-v- ~ 2002. 15 16 17 18 _. --- 1 ~ RANDALL R. WALKER, WSBA # 9549 ~p Attorney for Plaintiffs REICHEL 21 2Z 23 24 as Z~ 2~ 28 Z9 30 31 32 33 34 38 COMPLAINT TO QUIET TITLE, lt~aciall R. Wally, Attorney ai Law, #9549 Page ~ of ? P.O. Hox 5140, 312 Mosnnaon Avc. SW Yelm, WA 98.59'1; Tel. 360{458-440p ~ f MI.~ S cT• _>y,l fj'1 ~C` ~ ~T ~ t Y~'~~~ ~ `~~ _ !+lt4S~ i _ ~ ~ ~ ~, ~ ~ ` ~ ~ is J t~ ~~ ~~4~ `< , [' \ J -- ~ c ..~ ~ y ~ ; ~ M ' _~ " Q ~ ' .11 w ~~ H ~1i ~J N 4 ~ .~ t:J f r ~1 ; ; : n ~ - ~ ~' i1 C t c-, 1, - ~ ~f ~~» ~ • r , t.. ~~ t ~ Ic' ~~ ~~ - ^ __7 ~, r :. 1 ~ ~ ~~ -~,,, ~ 1 ~ ? N a~'~ ~ ~ '~~ ~~ ` ' C~^ ~- ~ ~I ,%l ~ `J ~ ~' ~.. .... ~{ , , ~~' ` , - ~ - r ~ •. ~" A ~ ' ~ ~~ . - ~ ~~ ~ .. '~ i. _ % `* ~ /~ _ ~< r _ . j O.~ r r/ r ! . . . / . (~ yJ ' I~, r D ~', ~, i _ /'~,J` ~, ~ v ~ ..~ . •1:^ ~_, f ,T :. : ~.. N ,'L~. ,....... ,. ".' ~ ._ ~~ "~ . ,, r C~ .r- ~ - t ;~ i ~.~ .J~ lJ ~ ,: ~ z . ,` a'` - N , 1:1 n ii LL r__ (~ ,r ~, \ , ~ ( .r n - ~~ ~~ ~~, ~, , ~~:~ ~~ NW COR, SE1/4, NE1/4 S88'29'58"E 1327.44' 341.28' 65.99' a ~ o PARCEL o~ --~ s I B 1~ s, ~x ~ £. ~O GRAPHIC SCALE: 1"=100' I m 0 100 200 ' ' m c°o a18W ~ LII~ w I m •-' 15.,E 231.32' N82'S9. in c~~~ PARCEL oJJ`' Z - ~ A ~ ~~ ~ SEPTIC J'~ TANK Q 2~ ti~ I ~ r, p ry~ti GARAGE ~ 20 ~ ~ ~~ ~ ? P,~ tiP ~ ~`S,T . OQ ~h H JT . 19 ~~~ss, ~,ti 5L S66 '42 ' 55 16.78', ti S' 1 1. PARCEL THE HOUSE, AS SHOWN I SE1/4, NE1/4 . ~ , 900 16 ' f f ss11 1. l1~ ~`S F ~S~ ass ~3~~ ~~~ ~~f.• 40.00' PARCEL A BLn-eo3a ~~O ' °o . 00 00 ~Zh ZOO,~y~ a0 N ~~ O W E s Geomatics Land Surveying P.O. Box 2550 Yelm, ~Pashington 'S NOTES 98597-2550 :, PUMP HOUSE, SEPTIC TANK AND GRAINFIELD WERE SCALED FROM BLA-8038. THE LOCATION OF~THE "NEW LINE" WAS ~TERMINED BY THE OWNER. BOTH PARCELS AF~ IN TFIE COMMON OWI~RSHIP OF KEIWVETH REICHEL. THIS MAP DOES NOT PROPORT TO SHO~ANY FENCES AND/OR OTHER SIGNS OF OCCUPATION OR POSSESSION, NOR ALL EASEMENTS. STRICTIONS AND RESERVATIONS WHICH MAY AFFECT THIS PARCEL. CERTIFICATION OF CO E I HEREBY CERTIFY THAT THIS BOUN~ARY LINE ADJUSTMENT CONFORMS WITH THE REC~NJIREt4=NTS t1F THE PLATTING AND SUBDIVISION ORDINANCE AS THE TMENT DOES NOT CREATE ANY NEW LOTS CONTAINING INSUFFICIENT LOT AREA AND DII~NSIONS TO MEET THE MIN REQUIREMENTS FOR WIDTH AND AREA FOR BUILDINGS S. PLANNING DEPARTMENT DATE THIS IS AN UNSURV YED BOUNDARY LINE ADJU TMENT MTN VIEW TO RD OLYMPIA y KILLION 9~~ Rp ~5 SITE , S qL~ 0 CULLENS RD / BERRY TO VALLEY VICINITY MAP RD YEI,M BOUNDARY LINE ADJUSTMENT #BLA BOUNDARY LINE ADJUSTMENT MAP PORTION OF: SE1/4, NE1/4, SEC.24, T17N, R1E, W.M. NE COR, N.T.S. r~H AUDITOR'S USE ONLY Boundary Line Adjustment # BLAD r OLD LEGAL DESCRIPTION OF PAI~~CELS Parcel A of Subdivision #BLAD originally,~described as follows: Parcel A of Boundary Line Adjustment No. BLA-8038 as r corded January 13, 1992 under Auditor's File No. 9201130177; In Thurston County, Washington. The preceding description per Chicago Title Insurance ompany's Plat Certificate, Schedule A, Order No.: 2012352, Legal D cription, Parcel A. Records examined to March 4, 2002 at 8:00 AM. Subject to easements, restrictions and reservations record. Parcel B of Subdivision #BLAD Wally described as follows: That portion of the Southeast Quarter of the Northeast Quarter of Section 24, Township 17 North, Range 1 East, W.M., described as follows: Commencing at the Northeast Corner of said Southeast Quarter; thence North 88°29'58" West along the North line of said Southeast quarter, a distance of 966.15 feet to the Northeasterly Corner of Parcel A of Boundary Line Adjustment No. BLA-8038 as recorded January 13, 1992 under Auditor's File No. 9201130177, being the Point of Beginning of this description; thence South 51°11'25" East along the Northeasterly Line of said Parcel A, a distance of 317.71 feet to the Easterly Corner of said Parcel A; thence North 38°48'35" East along the Northeasterly Extension of the Southeasterly Line of said Parcel A, a distance of 40.00 feet; thence North 51°11'25" West, a distance of 265.22 feet to the North Line of said Southeast Quarter; thence North 88°29'58" West along said North Line, a distance of 65.99 feet to the Point of Beginning. Containing 0.2676 acres, more or less. Situate in the County of Thurston, State of Washington. Subject to easements, restrictions and reservations of record. Boundary Line Adjustment # BLAD NEW LEGAL DESCRIPTION OF PARCELS Parcel A of Subdivision #BLAD described as follows: That portion of the Southeast Quarter of the Northeast Quarter of Section 24, Township 17 North, Range 1 East, W.M., described as follows: Commencing at the Northeast Corner of said Southeast Quarter; thence North 88°29'58" West along the North line of said Southeast quarter, a distance of 1307.44 feet to the Easterly Margin of NW Killion Road; thence South 01°15'13" West along said Easterly Margin, a distance of 314.64 feet to the Point of Beginning of this Description; thence North 82°59'15" East along asix-feet high Chain-Link Fence, a distance of 231.32 feet to the Easterly end of said Fence; thence South 66°42'55" East, a distance of 16.78 feet~to the most Northerly Corner common to Parcels A and B of Boundary Linej~Adjustment No. BLA-8038 as recorded January 13, 1992 under Auditor's File N,o. 9201130177; thence South 27°55'14" West along the line common to said Parcels A and B, a distance of 291.14 feet to the Northerly Margin of W Yelm A `enue; thence North 51°11'25" West along said Northerly Margin, a dist nce of 143.56 feet to the Easterly Margin of NW Killion Road; thence North, 01°15'13" East along said Easterly Margin, a distance of 145.71 feet to the F!oint of Beginning. Containing 0.90 acres, more or less. Situate in the County of Thurston, State of Washington. Subject to easements, restrictions and reservations of record. Parcel B of Subdivision #BLAD That portion of the Southeast Quarter of the Northeast Quarter of Section 24, Township 17 North, Range 1 East, W.M., described as follows: Commencing at the Northeast Corner of said Southeast Quarter; thence North 88°29'58" West along the North line of said Southeast quarter, a distance of 900.16 feet to the Northerly Corner of Parcel A of Boundary Line Adjustment No. BLA-8038 as recorded January 13, 1992 under Auditor's File No. 9201130177, being the Point of Beginning of this Description; thence South 51°11'25" East along the Northeasterly line of said Parcel A, a distance of 265.22 feet to the most Easterly Corner of said Parcel A; thence South 38°48'35" West along the Southeasterly Line of said Parcel A, a distance of 325.90 feet to the most Easterly Corner common to said Parcels A and B; thence North 51°11'25" West along the line common to said Parcels A and B, a distance of 220.00 feet to the most Northerly Corner common to said Parcels A and B; thence North 66°42'55" West, a distance of 16.78 feet to th~ Easterly end of a six-feet high Chain-Link Fence; thence South 82°59'15" W st along said Fence, a distance of 231.32 feet to the Easterly Margin of NW illion Road; thence North 01°15'13" East along said Easterly Margin, a dist nce of 314.64 feet to the North Line of said Southeast Quarter; thence South 88°29'58" East along said North Line, a distance of 407.28 feet to the Poirlt of Beginning. Containing 4.01 acres, more or less. Situate in the County of Thurston, State of Washington. Subject to easements, restrictions and reservations of record. I hereby certify that the above legal descriptions are accurate and in compliance with the Subdivision Code. Submitted this t4 ~ day of JIIOVEM r31vR , 2002. IJE~I~I i 5 re . t3A K E2, pC 5 ~e /~ /~~ Name of Title Company of Surveyor Signature described as follows: