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Hard File ScannedENGINEERING PLANNING ENVIRONMENTAL SCIENCES 8770 TALLON LANE NE LACEY, WA 98516-6641 T.3G0.459.3G09 P. 360.459.0154 _ _ nv~a~. p cram c tri~.com T R A N S M I T T A L F O R M To: Tami Merriman Date: February 1, 2005 City of Yelm Project Number: 257-4812-001 PO Box 479 Yelm, WA 98597 Project Name: Griffin BLA We are transmitting the following materials: Recorded original of the BLA Map and Declaration of BLA and Covenants for BLA04-0099-YL Comments: I sent a copy of each document to Ms. Dotson and Scott Griffin and kept a copy for my file. Give me a call if you have any questions. These are: ^ PER YOUR REQUEST Sent Vla: ®U.S. MAIL ^ FOR YOUR INFORMATION ^ GROUND SERVICE ^ FOR YOUR REVIEW AND APPROVAL ^ EXPRESS OVERNIGHT ® FOR YOUR FILES ^ COURIER ^ FOR YOUR ACTION ^ HAND DELIVERY/PICK UP Sincerely, cc: Kathryn Dotson ~~ j ~~, :, ` ~ ~ Scott Griffin Cathie Carlson (Rev. 07104) 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-04-0099-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. Dotson, Kathryn A, Trustee 2. 3. Grantee(s) (Last name, first name, middle initial) 1. The Public 2. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A portion of Section 19, T17N, 122E Assessor's Property Tax ParceUAccount Number: 64303600700, and 64303600600 IIIIII VIII IIIIII IIII VIII VIII VIII 3703811 IIIIIVIIIIIIIIIII m,99l2005 03327P FREESTONE DFF YELM II L DEC $21.00 Thurston Co. Wa. 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 04-0099-YL , on the /~ day of January, 20 05 , by the Planning 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 ~-1.~~ ~C..~ - , 2005 rantor Grantor Grantor Grantor Grantor Grantor E-23 IIIIIIII Page3821of 3 IIII III 1111111 1111111 Ililllll 111111 IIIIIIIIm,l19/ IIII 2005 03. 27P FREESTONE DFF YELM II L DEC $21.00 Thurston Co. Wa. 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 ~~ signed the same as ~g ~ free and ~~~~ voluntary act and dee ~y ~~~~~ ~~d purposes therein mentioned. GI~~~I~ '~ ~id,official seal this 1 ~-t'L' day of .gyp 20~s ~ : NOTARY ~i~ ~. ..¢¢~~ PU 11t'i ~_ ~~.~,~,-~~:,--- NOTAR C in and or the State of Washington residing at \(~ c ~,~.. 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 signed the same as free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this 20 day of NOTARY PUBLIC in and for the State of Washington residing at E-23 I IIIIII VIII III Page 831of 3 IIIIIIIIIII I VIII 1111111 I 01/19/20 II VIII IIII IIII OS 03.27P FREESTONE DFF YELM II L DEC $21.00 Thurston Co. Wa. eturn Address ity of Yelm ami Merriman ~ Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Boundary Line Adjustment Map BLA-04-0099-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. Dotson, Kathryn A, Trustee 2. 3. Grantee(s) (Last name, first name, middle initial) 1. The Public 2. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A portion of Section 19, T17N, R2E Assessor's Property Tax Parcel/Account Number: 64303600700, and 64303600600 3703812 IIIIIIII 0al919.12005 03:27P III VIII IIIIIIII IIIIIIII IIIIIII IIIIIII IIIIIIII FREESTONE DFF YELM II L BLRM $69.00 Thurston Co. Wa• _ __ w - . Boundary Line Adjustment # py-Opgq- yL Boundary Line Adjustment Map LINE TABLE SEC. 19, T.17N, R.2E, W.M. 0 ~ ~' ~ ~ ~~ LINE LENGTH BEARING L 1 105.68 N47'02 25 W L2 56.99 N45'OS 49 W L3 241.51 S42'24 58 W L4 162.65 N46 20 30 W L6 241.93 N42 24 58 E L7 58.28 S47'32 25 E L8 87.62 S45'42 20 E M/DDLE ROAD S454_42'20"E ~_ '1111.16' 67.59' L2 L1 L7 L8 I R/W PER DRAINFIELD AFN 3535669 ~ CLEANOUT o ~ J m CCt I of WELL N A ~ HOUSE Z m NEW LINES I S45'42'20 "E 1 218.12' - L4 I g~,°G~~ m I ° o~o~o ° ~0~ I I ~ 0~ ~ ~ ~ Iw I~ I~ Z I --+ 10' o~° 0~ ~o 0~~G P~~P ~ w G°,~~~ '`~ o vi G wo 1 0~0° OG~ ~~O ,` co 0000 __ ___.. 0 ~~ 0 ~Q~ ~~P ~Q~ A~a~ oved for ~G~~ Fie ording © `'~ ~ 1 ~ Dc11 k tij1~~,tk ,W ~ ~c~9~ ~'~°~ N51 N56'S9'33~ ~~ N51'08'S7"W - ~ 382.61 ~ - 224.03' 1 " = 200' 0 100 200 HORIZONTAL DATUM: \ NAD83/91 WASHINGTON STATE SOUTH ZONE CERTIFICATION OF CONFORMANCE 1 HEREBY CERTIFY THAT THIS BOUNDARY LINE ADJUSTMENT CONFORMS WITH THE REQUIREMENTS OF THE PLATTING AND SUBDIVISION ORDINANCE AS THE ADJUSTMENT DOES NOT CREA N W LO CONTAINING INSUFFICIENT LOT AREA A ME SI T EET THE MINIMUM REQUIREMENTS FOR IDT D R BUILDING SITES. P~i ~ ~a-~.~`~ DEPARTMENT DA FILE: 04812001 SV-02 _BLA. dwg DATE: 7/3/04 Parametrix Yelm 1~ v~~N.w D.'~ ~~~`~ ~'~o~t _~~- b•. ~~ ~s .~ __ ~v... TE_.... • ~4 AL..LAN~ s EXPIRES 7/24/04 FOR AUDITOR'S USE ONLY IIIIIIIIIIII Page:822of 5 IIIIIIIIIIVIII VIIIIIIIIIIIII m,/19/200503:27 IIIIIIIIIIIII P FREESTONE DFF YELM II L BLAM $69.00 Thurston Co. Wa. Boundary Line Adjustment # ~~ - f)D ~?- yL LEGAL DESCRIPTIONS OF PARCELS BOUNDARY LINE ADJUSTMENT PARCEL "A" OF BOUNDARY LINE ADJUSTMENT # D L~ - ARC/' - y L DESCRIBED AS FOLLOWS: THAT PORTION OF LOT 6, BLOCK 36, PLAT OF MCKENNA IRRIGATED TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 9 OF PLATS, PAGE 43, RECORDS OF THURSTON COUNTY WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 8 IN BLOCK 36 OF SAID MCKENNA IRRIGATED TRACTS; THENCE ALONG THE SOUTHWESTERLY RIGHT OF WAY OF MIDDLE ROAD, THE FOLLOWING COURSES; SOUTH 45°42'20" EAST A DISTANCE OF 86.64 FEET; SOUTH 45°08'40" EAST A DISTANCE OF 212.18 FEET; SOUTH 45°33'40" EAST A DISTANCE OF 410.67 FEET; SOUTH 45°08'49" EAST A DISTANCE OF 67.59 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING ALONG SAID RIGHT OF WAY, SOUTH 45°08'49" EAST A DISTANCE OF 56.99 FEET; THENCE SOUTH 47°02'25" EAST A DISTANCE OF 105.68 FEET; THENCE LEAVING SAID RIGHT OF WAY SOUTH 42°24'58" WEST A DISTANCE OF 241.93 FEET; THENCE NORTH 46°20'30" WEST A DISTANCE OF 162.65 FEET; THENCE NORTH 42°24'58" EAST A DISTANCE OF 241.51 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH AND SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, AND COVENANTS OF RECORD. SITUATE IN SECTION 19, TOWNSHIP 17 NORTH, RANGE 2 EAST, W.M., CITY OF YELM, THURSTON COUNTY, WASHINGTON. PARCEL "B" OF BOUNDARY LINE ADJUSTMENT # Q ~I - OQq a - ~lL DESCRIBED AS FOLLOWS: LOT 6, BLOCK 36, PLAT OF MCKENNA IRRIGATED TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 9 OF PLATS, PAGE 43, RECORDS OF THURSTON COUNTY WASHINGTON, EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 8 IN BLOCK 36 OF SAID MCKENNA IRRIGATED TRACTS; THENCE ALONG THE SOUTHWESTERLY RIGHT OF WAY OF MIDDLE ROAD, THE FOLLOWING COURSES; SOUTH 45°42'20" EAST A DISTANCE OF 86.64 FEET; SOUTH 45°08'40" EAST A DISTANCE OF 212.18 FEET; SOUTH 45°33'40" EAST A DISTANCE OF 410.67 FEET; SOUTH 45°08'49" EAST A DISTANCE OF 67.59 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING ALONG SAID RIGHT OF WAY, SOUTH 45°08'49" EAST A DISTANCE OF 56.99 FEET; THENCE SOUTH 47°02'25" EAST A DISTANCE OF 105.68 FEET; THENCE LEAVING SAID RIGHT OF WAY SOUTH 42°24'58" WEST A DISTANCE OF 241.93 FEET; THENCE NORTH 46°20'30" WEST A DISTANCE OF 162.65 FEET; THENCE NORTH 42°24'58" EAST A DISTANCE OF 241.51 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH THAT PART OF LOT 7 IN BLOCK 36 OF MCKENNA IRRIGATED TRACTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 9 OF PLATS, PAGE 43, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 7; THENCE NORTHWESTERLY ALONG THE NORTHERLY LINE OF SAID LOT 157 FEET; THENCE SOUTH 42°40'30" WEST 272.3 FEET; THENCE NORTHWESTERLY PARALLEL WITH THE NORTHERLY LINE OF SAID LOT 218 FEET TO A POINT 10 FEET FROM THE WESTERLY LINE OF SAID LOT; THENCE SOUTHWESTERLY PARALLEL WITH AND 10 FEET DISTANT FROM SAID WESTERLY LINE OF LOT TO THE SOUTHERLY LINE OF SAID LOT; THENCE SOUTHEASTERLY ALONG SAID SOUTHERLY LINE TO THE SOUTHEAST CORNER OF SAID LOT; THENCE NORTHEASTERLY ALONG SAID LOT TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THAT PORTION DEED TO THE CITY OF YELM RECORDED MAY 28, 2003 UNDER AUDITOR'S FILE NO. 3535669. TOGETHER WITH AND SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, AND COVENANTS OF RECORD. SITUATE IN SECTION 19, TOWNSHIP 17 NORTH, RANGE 2 EAST, W.M., CITY OF YELM, THURSTON COUNTY, WASHINGTON 1 OF 3 IIIIIIIIIII Page:832of 5 IIIIIIIIIIII III VIII II VIII III III 01119 IIIIII IIII 12005 03.2 7P FREESTONE DFF YELM II L BLAM $69.00 Thurston Co. Wa. Boundary Line Adjustment # ~ y - ~U ~ ~ `' ~/L- LEGAL DESCRIPTIONS OF PARCELS BOUNDARY LINE ADJUSTMENT I HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTIONS ARE ACCURATE AND IN COMPLIANCE WITH THE SUBDIVISION CODE. SAID DESCRIPTIONS ARE BASED UPON A SURVEY. SUBMITTED THIS 7~ DAY OF , 2004. /~. C'aaaa~ KAT EEN D. CASSOU, PLS #27133 PARR ETRIX 8830 TALLON LANE, SUITE B LACEY, WA 98516 (360) 459-3609 20F3 I IIIIII VIII II Page 8 42of 5 IIIIIIIIIIIIII ©,! IIIlilllllllll 19!20©5 ©3.27P IIIIIilllllll FREESTONE DFF YELM II L BLAM $69.00 Thurston Co. Wa. Boundary Line Adjustment # ~ ~ - ~~ ~9 ~ yL LEGAL DESCRIPTIONS OF PARCELS BOUNDARY LINE ADJUSTMENT ORIGINAL LEGAL DESCRIPTIONS OF RECORD: (PER CHICAGO TITLE INSURANCE COMPANY A.L.T.A. COMMITMENT ORDER NO. 2028518) (TAX PARCEL No. 64303600600) LOT 6 IN BLOCK 36 OF MCKENNA IRRIGATED TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 9 OF PLATS, PAGE 43. (TAX PARCEL No.64303600700) THAT PART OF LOT 7 IN BLOCK 36 OF MCKENNA IRRIGATED TRACTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 9 OF PLATS, PAGE 43, DESCRIBED AS FOLLOOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOTS 7; THENCE NORTHWESTERLY ALONG THE NORTHERLY LINEOF SAID LOT 157 FEET; THENCE SOUTH 42°40'30" WEST 272.3 FEET; THENCE NORTHWESTERLY PARALLEL WITH THE NORTHERLY LINE OF SAID LOT 218 FEET 'TO A POINT 10 FEET FROM THE WESTERLY LINE OF SAID LOT; THENCE SOUTHWESTERLY PARALLEL WITH AND 10 FEET DISTANT FROM SAID WESTERLY LINE OF LOT TO THE SOUTHERLY LINE OF SAID LOT; THENCE SOUTHEASTERLY ALONG SAID SOUTHERLY LINE TO THE SOUTHEAST CORNER OF SAID LOT; THENCE NORTHEASTERLY ALONG SIAD LOT TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THAT PORTION DEED TO THE CITY OF YELM RECORDED MAY 28, 2003 UNDER AUDITOR'S FILE NO. 3535669. ALL IN SECTION 19, TOWNSHIP 17 NORTH, RANGE 2 EAST, W.M., CITY OF YELM, THURSTON COUNTY, WASHINGTON. 30F3 IIIIII VIII IIIIII II Page 852of 5 N~IIIIIIIIIIIIIIIIII 01!19120 IIVIIIIIIIIIII 05 m3.27P FREESTONE DFF YELM II L BLAM $69.00 Thurston Co. Wa. s~'~~ T~ City o f Ye l m Community Development Department 105 Yelm Avenue West P.O. Box 479 Yelm, WA 98597 W4tMINCTON August 11, 2004 Scott Griffin Caddis Construction P.O. Box 73669 Puyallup, WA 98373 Re: Griffin Boundary Line Adjustment Dear Mr. Griffin: The City of Yelm has completed its review of your application for a Boundary Line Adjustment between two parcels of land owned by Kathryn Dotson located on Middle Road. The City has determined that the proposal would create a lot which does not meet zoning and health code standards, and hereby denies the application. Section 58.17.040 (6) RCW exempts a division made for the purpose of alteration by adjusting boundary lines, which does not create any additional lot nor create any lot which contains insufficient area and dimension to meet minimum requirements for width and area for a building site from subdivision requirements. Section 16.28.010 YMC indicates a boundary line adjustment should be approved upon finding compliance with minimum zoning, health, building and other land use regulations and with the Yelm comprehensive plan and that the adjustment will not adversely affect access, easements or drainfields. Specifically, the proposal is inconsistent with the following health code and zoning code standards: Section 21.2.5 of the Thurston County Health Code and Section 246-272-20501 WAC indicate that the minimum lot size of a parcel that is served by an on-site sewage disposal system and a individual well is one acre under the most favorable soil conditions. Additionally, these sections of the health codes require the well radius be contained within the property lines of lot. (368) 458-3835 (360) 458-31 q4 FAX miom.ci.yeLm.~naua The proposed lot which contains Ms. Dotson's home is served by an individual well and on-site sewage disposal system and is proposed to be less than one acre in size. The 100 foot well radius would not be contained within the boundaries of this proposed lot. The Yelm Zoning Code establishes both maximum and minimum density requirements in the Medium Density Residential (R-6) zoning district. The minimum density is 3 units per acre, which is not achieved through the creation of a lot less than one acre in area. Further, this requirement could not be achieved through any redivision of the property due to the size of the parcel and requirements of the subdivision code. Ms. Dotson's parcels were not created through the subdivision process found in Chapter 58.17 RCW, as the creation of parcels 5 acres or larger is exempt from the requirements of the State Subdivision Act. Allowing the creation of a parcel which would normally be subject to the standards of a subdivision or short subdivision from an exempt division circumvents the protections built into the land division process, such as the requirements of the health codes noted above, but also those related to access, connection to public services, and other policies of the Comprehensive Plan expressed through the City's development regulations. The decision to deny your application for boundary line adjustment may be appealed to the City of Yelm Hearing Examiner by filing a written appeal which clearly identifies the basis for the appeal and an appeal fee of $50.00 to the Community Development Department no later than 14 days from the date of this letter. >!re ~, ~t Beck, Director munity Development Department August 9, 2004 Page 2 of 2 LAW OFFICES CORDON, THOMAS, HONEYWELL, MALANCA, PETERSON £~ DAHEIM LLP TACOMA OFFICE 1 2 0 1 P A C I F I C AVENUE . S U I T E 2 2 0 0 POST OFFICE BOX 1157 TACOMA, WASHINGTON 98401-I 157 (253) 620-6500 FACSIMILE (253) 620-6565 SEATTLE OFFICE ONE UNION SQUARE 600 UNIVERSITY, SUITE 2100 SEATTLE, `NASHINGTON 98 1 01-4 1 85 1206) 676-7500 FACSIMILE 1206) 676-7575 REPLY TO TACOMA OFFICE WILLIAM T. LYNN ATTORNEY AT LAW DIRECT (253) 620-6416 (206) 676-6416 E-MAIL lynnw®gth-law.com July 14, 2004 Tami Merriman Assistant rianner City of Yelm P. O. Box 479 Yelm, WA 98597 RE: Boundary Line Adjustment Application for Kathryn Dotson, Trustee Dear Ms. Merriman: We represent Caddis Construction, and your letter of July 19, 2004 concerning the above referenced boundary line adjustment has been referred to us for action. We are confident the City does not have the authority you assert in your letter. In the first place, the boundary line adjustment is exempt from the City's authority over subdivisions under the provisions of RCW 58.17.040(6). Such adjustments are simply not within the City's regulatory authority. Once the City concludes that the boundary line adjustment meets the description set forth in this statutory provision, the City may not deny, or impose conditions on any "approval". That is clear from the statute and has been made even more clear from the Supreme Court's decision in Seattle v. Crispin, 149 Wn.2d 896 (2003). There, the property owners simply adjusted their property lines by a series of deeds. The court held that was an exempt action, not subject to later City review. As you know, Caddis Construction intends to purchase the larger parcel and submit a subdivision application. The City may not use its authority under the State Environmental Policy Act (SEPA) to assert control over property not owned by the applicant and not part of the application. The impacts of the proposed subdivision will be those relating to the residential development that will occupy the subdivided property. Impacts of the existing home, which will be in a separate ownership and which has access that will be unchanged by the subdivision, will not be within the City's SEPA authority. Case law from our State Supreme Court makes it clear that the City cannot exercise the authority you have asserted. In Burton v. Clark County, 91 Wn. App. 505 (1998) the Court [1275887 vl.doc] GORDON, THOMAS, HONEYWELL MALANCA, PETERSON £~ DAHEIM LLP July 14, 2004 Page 2 reviewed a subdivision approval on which the County had imposed several road improvement requirements. The court identified four principles that relate to the imposition of conditions on land use actions. Two are particularly relevant here: that conditions may only be imposed to address a "public problem", and that the government must show that the development under consideration will create or make worse the identified problem. Here, the existing home and driveway will remain exactly as they are without the subdivision. The subdivision will not create any problems associated with the driveway, nor will the subdivision make any such problems worse. As a result, the City may not, within the bounds of the Constitution, impose restriction on access from thai home. We are very confident of the position set forth in this letter and suggest that you review the City's authority with the City Attorney. Please feel free to have the City Attorney contact the undersigned to discuss this matter. Very truly yours, Cti~~ ---~ William T. L~ WTL:gam cc: Scott Griffin [1275887 vl.doc] City of Yelm Y LM WASNINCTON July 9, 2004 Scott Griffin Caddis Construction P.O. Box 73669 Puyallup, WA 98373 Community Development Department 105 Yelm Avenue West P.O. Box 479 Yelm, WA 98597 Re: Boundary Line Adjustment Application for Kathryn Dotson, Trustee Dear Mr. Caddis: The City has received your Boundary Line Adjustment for the Kathryn Dotson parcels, and is ready to proceed with the review. I would like to bring to your attention, that although the Boundary Line Adjustment may be approved, it does not prevent the new parcels from review of the future residential subdivision that has been discussed. Section 197-11-060(5) states that the Lead agency shall determine the appropriate scope and level of detail of environmental review to coincide with decision-making processes. Section 197-11-060(5)(d)(ii) states that a phased review is not appropriate when it would divide a larger system into exempted fragments. In other words, if the proposal consists of a series of actions that are individually exempt, but together may have a significant impact, the proposal is not exempt. In this project review, the boundary line adjustment is an exempt action, however, the resulting development of all the parcels must be reviewed for cumulative impacts. In regards to that review, the new smaller parcel would still be included in the environmental review of the subdivision process and the traffic impact analysis. Frontage improvements and driveway accesses will be considered for all parcels, whether the boundary line adjustment is completed or not. (360) ~i&383:i (360) 458?14~1 FAX IOU~It+.C, i.)'P, l-71. U!Q. /13 If you have any questions, please call me at (360) 458-8496 Sincerely, ~~11z~ ~~~~~~ Tami Merriman Assistant Planner cc: SPR Committee Kathryn Dotson Parametrix July 9. 2004 Page 2 of 2 SHELLY BADGER MAYOR ADAM RIVAS GARY CARLSON YELM CITY ADMINISTRATOR YELM BUILDING DEPARTMENT JIM GIBBON YELM CITY ENGINEER TIM PETERSON YELM PW DIRECTOR Only review schedule & notice TAMI MERRIMAN ASSISTANT PLANNER GRANT BECK COMMUNITY DEVELOPMENT DIRECTOR C:1Planning FolderlMailistlSPR Committee Maillist. Memorandum To: SPRC From: Tami Merriman, Assistant Planner Date: July 20, 2004 Re: BLA-04-0099-YL -Project Review Schedule for Griffin 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. August 4 -SPRC project review. Department comments/conditions of approval for staff report. August 15 -Complete Staff report R:\Project Files\BLA Boundary Line Adjustment\04-0099 Griffin BLA\Proj Rev Date Memo.doc a/ ~p~' QF THE A~t~ ~~ %~~`~~ Yt;LM WASHINGTON CITY OF YELM PO Box 479 Yelm WA 98597 360-458-3244 OFFICIAL/FUSE ONLY Fee J Date Received sy File No. 3c~ -vy - X11- y~ APPLICATION FOR BOUNDARY LINE - ADJUSTMENT Fee: $100.00 OR LARGE LOT SUBDIVISION Fee: $250.00, + $10.00/lot (In addition, any professional service charges per Resolution #358) X Boundary Line Adjustment Large Lot Subdivision NAME OF PROJECT Griffin BLA Owner of Parcel(s) X Purchaser of Parcel(s) Representative APPLICANT Scott Griffin. Caddis Construction Mailing Address P O Box 73669 City, State and Zip Puvalluo WA 98373 Telephone (253) 896-1300 OWNER Kathryn Dotson. Trustee Mailing Address 16440 Middle Road SE City, State and Zip Yelm WA 98597 Telephone SURVEYOR Parametrix Mailing Address 8830 Tallon Lane NE City, State and Zip Lacey WA 98516 Telephone (360) 459-3609 PROPERTY DESCRIPTION General Location southeast of Middle Road between Green Acres Ln and Railway Road Address of Site (if assigned) 16440 Middle Road SE Area of Project (in acres, if possible) 18.36 acres Area of entire contiguous ownership (if other than above) Section 19 Township 17N Range 2E Assessor's Tax Parcel Number(s) of property included in this application: 64303600700 and 64303600600 Zoning District R6 Moderate Density Residential Shoreline Designation (if applicable) n/a Comprehensive Plan/Sub-Area Plan Designation R6 Moderate Density Residential Type of on-site structures (give lot numbers) House and outbuildinos on Lots A and B (SHOW LOCATION AND LABEL EACH STRUCTURE 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 No uses are Drooosed. IF UNDECIDED, LOTS WILL BE REVIEWED FOR ONE SINGLE-FAMILY RESIDENCE PER LOT. Existing sewage disposal: -None X Septic tank (date installed ) -Sewer (SHOW ON MAP) Proposed sewage disposal: -None X Septic tank -Sewer -Other Existing water supply: None X Individual well on lot(s) # A (SHOW ON MAP) Community Well -- Name of System or Owner Munici al Water S tem -- Name of Munici alit E-20 Proposed water supply: None X 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) None X Creek or Stream Yelm Creek River (Name) (Name) Lake/Pond Swamp/Bog (Name) Cliffs Draw/Gully Has a portion of your project site ever flooded? No Do not know Yes, when? The southern portion of the side is mapped as a High Groundwater Hazard Area and Flood Zone (If yes, show area on map) BOUNDARY LINE ADJUSTMENTS ONLY Lot # A ,Lot Area in Square Feet 39 198 sf Lot # B ,Lot Area in Square Feet 760.324 sf Lot # ,Lot Area in Square Feet Lot # ,Lot Area in Square Feet Does the property being subdivided have city/county/state road frontage? No X Yes City of Yelm County State If yes, name of road Middle Road Right-of-Way width of road frontage varies 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 For ~ooosed 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, including garbage disposal areas, landscaping, walls, fences, public and private streets, driveways, all common facilities, open space and walkways. In addition, lot size, percentage of ground coverage and open space shall be included as data on such plan. A topographic map shall also be submitted showing existing and proposed contours at two-foot intervals and which locates existing streams, lakes, marshes and other natural features. The requirement of the topographic map may be waived by the Site Plan Review Committee if it deems it not necessary. PLEASE PROVIDE A REDUCED SIZE COPY OF THE SITE PLAN ANDIOR BLA, NOT LARGER THAN 11" X 17". E-21 Boundary Liue Adjustment # LEGAL DESCRIPTIONS OF PARCELS BOUNDARY LINE ADJUSTMENT PARCEL "A" OF BOUNDARY LINE ADJUSTMENT # DESCRIBED AS FOLLOWS: THAT PORTION OF LOT 6, BLOCK 36, PLAT OF MCKENNA IRRIGATED TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 9 OF PLATS, PAGE 43, RECORDS OF THURSTON COUNTY WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 8 IN BLOCK 36 OF SAID MCKENNA IRRIGATED TRACTS; THENCE ALONG THE SOUTHWESTERLY RIGHT OF WAY OF MIDDLE ROAD, THE FOLLOWING COURSES; SOUTH 45°42'20" EAST A DISTANCE OF 86.64 FEET; SOUTH 45°08'40" EAST A DISTANCE OF 212.18 FEET; SOUTH 45°33'40" EAST A DISTANCE OF 410.67 FEET; SOUTH 45°08'49" EAST A DISTANCE OF 67.59 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING ALONG SAID RIGHT OF WAY, SOUTH 45°08'49" EAST A DISTANCE OF 56.99 FEET; THENCE SOUTH 47°02'25" EAST A DISTANCE OF 105.68 FEET; THENCE LEAVING SAID RIGHT OF WAY SOUTH 42°24'58" WEST A DISTANCE OF 241.93 FEET; THENCE NORTH 46°20'30" WEST A DISTANCE OF 162.65 FEET; THENCE NORTH 42°24'58" EAST A DISTANCE OF 241.51 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH AND SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, AND COVENANTS OF RECORD. SITUATE IN SECTION 19, TOWNSHIP 17 NORTH, RANGE 2 EAST, W.M., CITY OF YELM, THURSTON COUNTY, WASHINGTON. PARCEL "B" OF BOUNDARY LINE ADJUSTMENT # DESCRIBED AS FOLLOWS: LOT 6, BLOCK 36, PLAT OF MCKENNA IRRIGATED TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 9 OF PLATS, PAGE 43, RECORDS OF THURSTON COUNTY WASHINGTON, EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 8 IN BLOCK 36 OF SAID MCKENNA IRRIGATED TRACTS; THENCE ALONG THE SOUTHWESTERLY RIGHT OF WAY OF MIDDLE ROAD, THE FOLLOWING COURSES; SOUTH 45°42'20" EAST A DISTANCE OF 86.64 FEET; SOUTH 45°08'40" EAST A DISTANCE OF 212.18 FEET; SOUTH 45°33'40" EAST A DISTANCE OF 410.67 FEET; SOUTH 45°08'49" EAST A DISTANCE OF 67.59 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING ALONG SAID RIGHT OF WAY, SOUTH 45°08'49" EAST A DISTANCE OF 56.99 FEET; THENCE SOUTH 47°02'25" EAST A DISTANCE OF 105.68 FEET; THENCE LEAVING SAID RIGHT OF WAY SOUTH 42°24'58" WEST A DISTANCE OF 241.93 FEET; THENCE NORTH 46°20'30" WEST A DISTANCE OF 162.65 FEET; THENCE NORTH 42°24'58" EAST A DISTANCE OF 241.51 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH THAT PART OF LOT 7 IN BLOCK 36 OF MCKENNA IRRIGATED TRACTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 9 OF PLATS, PAGE 43, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 7; THENCE NORTHWESTERLY ALONG THE NORTHERLY LINE OF SAID LOT 157 FEET; THENCE SOUTH 42°40'30" WEST 272.3 FEET; THENCE NORTHWESTERLY PARALLEL WITH THE NORTHERLY LINE OF SAID LOT 218 FEET TO A POINT 10 FEET FROM THE WESTERLY LINE OF SAID LOT; THENCE SOUTHWESTERLY PARALLEL WITH AND 10 FEET DISTANT FROM SAID WESTERLY LINE OF LOT TO THE SOUTHERLY LINE OF SAID LOT; THENCE SOUTHEASTERLY ALONG SAID SOUTHERLY LINE TO THE SOUTHEAST CORNER OF SAID LOT; THENCE NORTHEASTERLY ALONG SAID LOT TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THAT PORTION DEED TO THE CITY OF YELM RECORDED MAY 28, 2003 UNDER AUDITOR'S FILE N0.3535669. TOGETHER WITH AND SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, AND COVENANTS OF RECORD. SITUATE IN SECTION 19, TOWNSHIP 17 NORTH, RANGE 2 EAST, W.M., CITY OF YELM, THURSTON COUNTY, WASHINGTON 1 OF 3 Boundary Line Adjustment LEGAL DESCRIPTIONS OF PARCELS BOUNDARY LINE ADJUSTMENT I HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTIONS ARE ACCURATE AND IN COMPLIANCE WITH THE SUBDIVISION CODE. SAID DESCRIPTIONS ARE BASED UPON A SURVEY. SUBMITTED THIS 7~ DAY OF , 2004. ~. ~~aaoui KATI~EEN D. CASSOU, PLS #27133 PARR ETRIX 8830 TALLON LANE, SUITE B LACEY, WA 98516 (360)459-3609 20F3 Boundary Line Adjustment LEGAL DESCRIPTIONS OF PARCELS BOUNDARY LINE ADJUSTMENT ORIGINAL LEGAL DESCRIPTIONS OF RECORD: (PER CHICAGO TITLE INSURANCE COMPANY A.L.T.A. COMMITMENT ORDER NO. 2028518) (TAX PARCEL No. 64303600600) LOT 6 IN BLOCK 36 OF MCKENNA IRRIGATED TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 9 OF PLATS, PAGE 43. (TAX PARCEL No.64303600700) THAT PART OF LOT 7 IN BLOCK 36 OF MCKENNA IRRIGATED TRACTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 9 OF PLATS, PAGE 43, DESCRIBED AS FOLLOOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOTS 7; THENCE NORTHWESTERLY ALONG THE NORTHERLY LINEOF SAID LOT 157 FEET; THENCE SOUTH 42°40'30" WEST 272.3 FEET; THENCE NORTHWESTERLY PARALLEL WITH THE NORTHERLY LINE OF SAID LOT 218 FEET TO A POINT 10 FEET FROM THE WESTERLY LINE OF SAID LOT; THENCE SOUTHWESTERLY PARALLEL WITH AND ]0 FEET DISTANT FROM SAID WESTERLY LINE OF LOT TO THE SOUTHERLY LINE OF SAID LOT; THENCE SOUTHEASTERLY ALONG SAID SOUTHERLY LINE TO THE SOUTHEAST CORNER OF SAID LOT; THENCE NORTHEASTERLY ALONG SIAD LOT TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THAT PORTION DEED TO THE CITY OF YELM RECORDED MAY 28, 2003 UNDER AUDITOR'S FILE NO. 3535669. ALL IN SECTION 19, TOWNSHIP 17 NORTH, RANGE 2 EAST, W.M., CITY OF YELM, THURSTON COUNTY, WASHINGTON. 30F3 Boundary Line Adjustment # Boundary Line Adjustment Map LINE TABLE SEC. 19, T.17N, R.2E, W.M. '~~ ~D~ p~~9F. ~a5 5~y 1 " = 200' 0 100 200 HORIZONTAL DATUM: \ NAD83/91 WASHINGTON STATE SOUTH ZONE CERTIFICATION OF CONFORMANCE LINE LENGTH BEARING L1 105.68 N47'O225 W L2 56.99 N45'O8 49 W L3 241.51 S42'24 58 W L4 162.65 N46 20 30 W L6 241.93 N42 24 58 f L7 58.28 547:3225 E L8 87.62 S45'42 20 E 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 WIDTH AND AREA FOR BUILDING SITES. PLANNING DEPARTMENT DATE FILE: 04812001 SV-02 _BLA.d~q OAIE: 7/3/01 Parametrix COMMITMENT FOR TITLE INSURANCE CHICAGO TITLE I N S U R A N C E C O M P A N Y CHICAGO TITLE INSURANCE COMPANY, a Missouri corporation, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefore; all subject to the provisions of Schedules A and B and to the Exclusions from Coverage (appearing herein) and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commihnent is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. In Witness Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this commitment to be signed and sealed as of the date of policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory. k~NSUr~Nc `Z p ':QFtPQgq~.°':Pp' C7r G F i1, Q° ~~,6^.~~ :~ U Z . r"w""l. : Z 6~,° Sl'AIe~< ~T ~~'. Y ..'~ :............. ............... . Authorized Signa CHICAGO TITLE INSURANCE COMPANY sy: ~. President By. Secretary CONDITIONS AND STIPULATIONS 1. The term "mortgage," when used herein, shall include deed of trust, trust deed or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions, the Conditions and Stipulations, and Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured where are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. EXCLUSIONS NOTE: THE FORM OF POLICY COMMITTED FOR MAY BE EXAMINED BY REFERENCE TO FORMS ON FILE IN THE OFFICE OF THE INSURANCE COMMISSIONER OR BY INQUIRY AT THE OFFICE WHICH ISSUED THIS COMMITMENT. The Exclusions from Coverage referred to in Paragraph 3 of the Conditions and Stipulations are as follows: ALTA OWNER'S POLICY FORM 10-17-92 The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; of (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regula- tions, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy: ` O CHICAGO TITLE INSURANCE COMPANY 3315 PACIFIC AVE SE #D-1B, OLYMPIA, WA 98501 Order No.: 002028518 PROPERTY ADDRESS: 16440 MIDDLE STREET Your No.: DOTSON/PMD CONSRUCTION LLC SOUTHEAST YELM, WASHINGTON 98597 CITY OF YELM 105 YELM AVE. W. YELM, WASHINGTON 98597 ATTN: TAMI MERRIMAN Enclosed are your materials on the above transaction. If you have any questions regarding these materials, please contact us. Thank you for this opportunity to serve you. THURSTON COUNTY TITLE UNIT TELEPHONE: (360) 456-7878 FAX: (360) 493-1985 GERALD O. LORD TITLE OPERATIONS MANAGER (E-MAIL: LORDJ@CTT.COM) MARK A. KARJALAHTI TITLE OFFICER (E-MAIL: KARJALAHTIM@CTT.COM) LELA NACHATILO TITLE ASSISTANT (E-MAIL: NACHATILOL@CTT.COM) ********************************************************************** TITLECI I/RDA/0999 _~ ~22 23 55 ~ 50 ~ ~ ,r~ ~j~•, i z1 ~ ~~ zo 1a ~ t6 1s 14 0 y 8// ~\ ~~ \REEK ~ ti c~ ~ ~ `\..~ `\~~~C \ TRAC~ \ jam, 0 fal5 3 , 2O l ~ ss-eoaa 0 0 ~]5 4 } e \ ~M ~ 1®05 ~~ 103 004 16 \~ O1(~02 0101 PTNU \ BLA-8059 1 ©0 01 430-37 0101 p3 \ 7 0~7 IRP,IGATED ~ ~,lY cR ~~ ~FM 17 \ ~ ~01 ~J O SS-9019 1 0®0 l O1Q02 18 "~ T N OO~~I01 5 TRACTS 3 003 PTO BLA-1054 20 30 29 ~~~ ~~1~~~~13 ~~~17+~2 ~3x~.~ ~ ~ k~ " `~ Y,;ks;f'~F~:g '~eb~f~ a-~~+~t~l~s ~~'~ ~'sC1~r~@~d'~ aid t EXCLUSIONS (Cont'd.) 4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. ALTA LOAN POLICY FORM (10-17-92) The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separa- tion in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encum- brance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim or priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is con- tracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. : :.x ..... ~ - - .._~ .......:'. .. .....w ~. ~...: ......: .. ....... : ~~ w.~ .. . ~ . w - - .; o ~ O Q .~ "~~ ~ I -1 d U ~ ~ ~ ~ ~ = . ~ ' r v . ~ q.~ ~' ~ v z o F-+ ' J O • I NS O '7 F ~ ~ - E--~ -_~~~ ~1:: V ~ i r . .w . w. Thurston County Property Inquiry SPL New Search Back The data displayed is current as of 03:00 AM Tuesday, ]uly 06, 2004 Account Information Pro ert Number: 64303600600 Tax a er: KATHRYN A DOTSON TRUSTEE Mailin Address: 16440 MIDDLE RD SE Cit /State/Zi YELM, WA 98597 Abbreviated Le al: Section 19 Townshi 17 Ran e Pro ert Location: 16440 MIDDLE RD SE Exem tions: Senior/Disabled Level C Tax Code Area: 170 Land Value: $75,200 Buildin Value: $112,600 Tax Rate per $1,000: $13.98 Payment Information 1st Half Due 10%31%2004 Current Year: $789.99 $764.81 Amount Paid: $789.99 $.00 Amount Due: $.00 r Pay $764.81 Throu h an agreement between the Thurston County Treasurer and Banc of America, you can make pa ments directly from your checking or savings account by using CIP (Customer-Initiated Pa ments) No additional fees are char ed for this servic ~ "' _. ,, _, __ __ .____ _ . y e. First click the checkboxes next to amountgs due (on lines with yellow backgrounds), then click the "Submit Payment" button. gut„nrt Payment 1 Click this link for more information. Tax Bill Detail 2004 Pro ert Tax: $1,544.14 Other Char es Conservation District: $5.80 Stormwater: Weed Control: $4.86 Total Other Charges: $10.66 Total Tax and Other Char es: $1,554.80 2004 Total Billed: $1,554.80 Payment History Year Amount Billed 2003 $1,224.69 2002 $1,131.66 2001 $1,239.92 2000 $1,282.08 1999 $1,259.98 Page 1 of 2 https://fortress.wa.;;ov/thurstonco/proninfo/nronsaUtax summ.aso?nn=64303600600 7/6/2004 Property Ta~/Other Charges Statement Thurston County Property Inquiry SPL New Search Back The data displayed is current as of 03:00 AM Tuesday, July 06, 2004 Account Information Pro erty Number: 64303600700 Tax a er: KATHRYN A DOTSON TRUSTEE Mailin Address: 16440 MIDDLE RD SE Cit /State/Zip: YELM WA 98597 Abbreviated Le al: Section 19 Township 17 Ran e Pro ert Location: 16440 SE MIDDLE RD Exem tions: Tax Code Area: 170 Land Value: $69,100 Buildin Value: Tax Rate er $i,o~o: $13.98 Payment Information 1st Half Due 10%31%2004 Current Year: $495.66 $495.66 Amount Paid: $495.66 .00 Amount Due: $.00 r Pay $495.66 Through an agreement between the Thurston County Treasurer and Bank of America, You can make pa ments directly from your checkin or savin s account b usin g y g IP (Customer-Initiated Payments) No additional fees are char ed for this service ~~' ~ -" "~"-~ """ """ -"` . g . Frst click the checkboxes next to amounEs due (on lines with yellow backgrounds), then click the "Submit Payment" button. Sut~,.~it Payment , Click this link for more information. Tax Biil Detail 2004 Propert Tax: $965.95 Other Charges Conservation District: $5.70 Stormwater: Weed Control: $4.77 State Forest Patrol Principal: $14.90 Total Other Char es: $25.37 Total Tax and Other Char es: $991.32 2004 Total Billed: $991.32 Payment History Year Amount Billed 2003 $876.50 2002 $751.15 2001 $779.10 2000 $805.48 Page 1 of 2 https://fortress.wa.gov/thurstonco/propinfo/pronsclUtax summ.asp?on=64303600700 7/6/2~~4 Property Taxl(Jther Charges Statement ti LV CY] 4 t7D GD KV ,-i 4 t]L Ci ti'd Real Estate Excise tax paid '' ll Retaru Address: Receipt no. ~ ate ~V RALPH E. OLSON, ESQ. Robin L Hunt, Thurston Co., Treas. OLSON. ALTHAUSER 8t LAWLER P.O. BOX 210 _ By - C~~ t)eputy CENTRALiA, WA 98531 Please print or type information Document Tltle(s) (or transactions contained therein): 1. STATUTORY WARRANTY DEED Reference Number(s) of Documents assigned or released: Additional reference #s on page of document. Grantor(s) (Last name fnst, then fast name and initials) 1. DOTSON, KATHRYN A. a widow Additional names on page of document. Grantee(s) {Last name fnBt, then fast name and initials) 1. DOTSON, KATHRYN A., TRUSTEE OF THE KATHRYN A. DOTSON REVOCABLE LIVING TRUST DATED APRIL 9, 2001. Additional names on a e of documment. Legal description (abbreviated: i.e. lot, block, plat or section, township, range) Lot 6, Blk 36 McKenna Irrigated Tracts, Vol. 9 of Plats, page 43, TC, WA Pt of Lot 7, Blk 35 McKenna irrigated Tracts, Vol. 9 of Plats, page 43, TC, WA Additional legal is on Exhibit A of document. Assessor's Property Taa Parcel/Acconnt Number 64303600500 The AuditorlRecorder will rely on the information provided on the form The staff will not read the document to verify rho accuracy or completeness of the iadeainr: information provided herein. 3347474 Page ~ i of 3 ~ ~ 84128/'891 81~46P t18. Thurs#,on Co, GW STATUTORY WARRANTY DEED THE GRANFOR, KATHRYN A. DOTSON, a widow, for no consideration, conveys and warrants to KATHRYN A. DOTSON, Trustee of the KATHItYN A. DOTSON REVOCABLE LIVING TRUST dated April, 2001, the following described real estate, situated in County of Thurston, State of Washington: See attached Exhibit A for Legal Description. The Draftsman does not guarantee accuracy of legal description. Dated this' `aay of April, 20Q1. DOTSON STATE OF WASHINGTON ) :ss COUNTY OF LEWIS ) On this day personally appeartd before me KATHRYN A. DOTSON, a widow, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that she signed the same as her free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this ~~of April, 2001. -•,,,,, p~.~aN ,~ NOTARY PUBLIC in and for the k.. ~~~ ~xA State of Washin n -~' s ~ ~`~G Zc~ residing at: c 20~~~~ ~ ~ My Commission exp' : ~ ~~ ~ ~ ~, ~~ Printed Name: G~ 4/ * ~c• ~~ sra~~~ 3 347 X70 3 ~` e~nenesi al ~ ~ to . TM~rstan Co. WR EXHIBIT A Lot 6 in Block 36 of McKenna Irrigated Tracts, according to plat recorded in Volume 9 of Plats, at page 43, records of the Thurston County Auditor, and That part of Lot 7 in Block 36 of McKenna Irrigated Tracts, according to plat recorded in Volume 9 of Plats, page 43, records of the Thurston County Auditor, described as follows: Beginning at the northeast comer of said Lot 7; nuuiing thence northwesterly along the northerly line of said lot 157 feet; thence S 42° 40' 30" W 272.3 feet; thence northwesterly parallel with said northerly line of lot 21$ feet to a point 10 feet from the westerly line of said lot; thence southwesterly parallel with and 10 feet distant from said westerly line of lot to the southerly line of said lot; thence southeasterly along said southerly line to the southeast corner of said lot; thence northeasterly along the easterly line of said lot to the point of beginning. TOGETHER with appurtensunces thereto, save and except the right to take water from the well located on Lots 2, 3 and 4 of Block 35, of McKenna Irrigated Tracts, according to the plat thereof recorded in Volume 9 of Plats at page 43, records of the Auditor of Thurston County, for irrigation purposes for the benefit of the land herein conveyed, which water rights are hereby specifically excepted for the benefit of the Grantors. 3347474 page ~ 3 of 3 84/2812991 81~48P TFr~rston Ca, UR .. _ ,, 28 i~IAY'03 31~4Lti4 mum Canty 1he.embr After recording return to: IZesl Ertate F.xdse Tut pdd By Depaty Legal Description (abbreviated): MC KENNA IRR TR L 6 B 36 LE55 1 AC H/5 TO fi01 Additional Legal on page: Assessor's Tax P t1~64303600600 Referent 10111973 {T]A Ij TRANS TITLESTATUTORY WARRANTY DEED THE GRANTOR(S), Kathryn A. Dotson, Trustee of the Kathryn A. Dotson Revocable Living Trust Dated April, 2001, for and in consideration of Ten ($10,00) Dollars and other good and valuable consideration in hand paid, conveys and warrants to City of Yelm the following described real estate, situated in the County of Thurston, State of Washington: See Exhibit A attached hereto. Subject [o: Those Items specifically set forth on Exhibit B attached hereto and by this reference made a part here of. Dated: April 11, 2003 Kathryn A. Dotson, rustee of the Kathryn A. Dotson Revocable Living Trust Dated April, 2001 State of Washington SS: County of Thurston I certify that I know or have satisfactory evidence that Kathryn A. Dotson is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) is authorized to execute the instrument and acknowledged it as the trustee of the Kathryn A. Dotson Revocable Living Trust Dated April, 2001 to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Da~a ~ ~_ ~ ~ l y~~ 11b`aC_. Notary Public in and for the State of Washington. Residing at ~~yn,p~ o. ~ ~~ My Appointment expires:(,~K3~olp NOTARY PUBLIC State of Washington ROB J. PENROSE CammlWOn Erpliee JUNE 10, 2006 Transnation Title Insurance Company Statutory Warranty Deed 1P8-10 (7/97) WA.10.43.00 II +I II I ,ryI ~IllllIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII~IIIIIIII 0Ga 28 /G2003e 11331A RRNSNRTION TITLG INSUR D :21.00 Thuralon Ce. Ya. PARCEL NO. 64303600600 8 64303800700 DOTSON PARCEL DESCRIPTION LOT 6 IN BLOCK 36 OF McKENNA IRRIGATED TRACTS, ACCORDING TO PLAT RECORDED IN VOLUME 9 OF PLATS, AT PAGE 43, RECORDS OF THE THURSTON COUNTY AUDITOR, AND THAT PART OF LOT 7 IN BLOCK 36 OF PLAT OF McKENNA IRRIGATED TRACTS, ACCORDING TO PLAT RECORDED IN VOLUME 9 OF PLATS, PAGE 43, RECORDS OF THE THURSTON COUNTY AUDITOR, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 7; RUNNING THENCE NORTHWESTERLY ALONG THE NORTHERLY LINE OF SAID LOT 157 _ FEET; THENCE SOUTH 42°40'30" WEST 272.3 FEET; THENCE NORTHWESTERLY PARALLEL WITH SAID NORTHERLY LINE OF LOT 218 FEET TO A PO[NT 10 FEET FROM THE WESTERLY LINE OF SAID LOT; THENCE SOUTHWESTERLY AND 10 FEET DISTANT FROM SAID WESTERLY LINE OF SAID LOT TO THE SOUTHERLY LINE OF SAID LOT; THENCE SOUTHEASTERLY ALONG SAID SOUTHERLY LINE ' TO THE SOUTHEAST CORNER OF SAID LOT; THENCE NORTHEASTERLY ALONG THE EASTERLY LINE OF SAID LOT TO THE POINT OF BEGINNING. RIGHT OF WAY DESCRIPTION THAT PORTION OF THE ABOVE DESCRIBED PARCEL LYING NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHWEST CORNER OF LOT $ IN BLOCK 36 OF SAiD McKENNA IRRIGATED TRACTS; THENCE SOUTH 46°35'25" EAST ALONG THE SOUTHWESTERLY MARGIN OF MIDDLE ROAD 86.64 FEET TO THE BEGINNING OF SAID LINE; THENCE SOUTH 46°01'45" EAST 212.18; THENCE SOUTH 46°26'45" EAST 410.67 FEET; THENCE SOUTH 46°01'54" EAST 124.58 FEET; THENCE SOUTH 48°06'05" EAST 163.96 FEET TO SAID MARGIN AND THE TERMINUS OF SAID LINE. ~~ i 3~~~~ I~IIH III~~ IIII~ ~IIIII II~~I Illll ~I'II III ~~III IIII III ~~ 8/2003 11331R TRANSNATION TITLE INSUR D $21.00 Thurston Co. Wa. Order No.: 10111973 EXHIBIT B 1. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: CONTRUCT, REPAIR AND MAINTAIN CANALS, FLUMES AND LATERALS AREA AFFECTED: A PORTION OF SAID PREMISES RECORDING N0. 237999 2. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE RECORDED PLAT OF MCKENNA IRRIGATED TRACTS. RIGHTS OR BENEFITS, IF ANY, WHICH MAY 8E DISCLOSED BY THE RECORDED DOCUMENT(S) ABOVE AFFECTING LAND OUTSIDE THE BOUNDARY DESCRIBED IN SCHEDULE A. 3. Rights and easements of the public for commerce, navigation, recreation and fisheries. 4. Any restrictions on the use of the land resulting from the rights of the public or riparian owners to use any portion which is now, or has been, covered by water. NIIIIVIII~NIIIII~IIIII~IIIIIIIIIIIIIIIIIIIiIIIIiI 0828/62003 t 331A TRpNSNATION TITLE INSUR D S21 .00 Thu~cton Go. Wa. CITY OF YELM ORDINANCE N0.627 (ANX 978208 YL) AN ORDINANCE ANNEXING CERTAIN PROPERTY TO THE CITY OF YELM, WASHINGTON. WHEREAS, the record owners of at least sixty percent of.the value of the property . described below have petitioned for annexation to the City of Yelm, WHEREAS, the City Council of Yekm has held aduly-noticed public hearing regarding such annexation, WHEREAS, the City Council finds that such annexation is in the best interest of the City and conforms with annexation polices of the City as set forth in the Comprehensive Plan and Yelm Municipal Code Chapter 2.66. ' NOW, THEREFORE, THE CITY COUNCIL OF YELM DOES ORDAIN AS FOLLOWS: CATION 1 The following described territory is hereby annexed and made a part of the City of Yelm: That part of the Southeast quarter of Section 19 and the Southwest quarter f Section 20, Township 17, North, Range 2 East, W.M., being Lots 6,7,6,16 and 17, Block 36 of the Plat of Mckenna Irrigated Tracts as recorded in Volume 9 of Plats at Page 43, records of Thurston County, Washington and Parcel "A" of Boundary Line Adjustment No. 0309 as recorded under Auditors's File no. 8510250041 in Volume 3 of Boundary Line Adjustments, Pages 635 thru 639, records of Thurston County, Washington. TOGETHER WITH that portion of Middle Street S.E. lying Northeasterly of Lots 6,7 and 8 of sail Plat of Mckenna Irrigated Tracts. TOGETHER WITH that portion of West Road S.E. lying Southwesterly of the annexation area. SECTION 2. Said property shall be subject to the existing indebtedness of the City of Yelm and to pay said indebtedness shall be assessed and taxed at the same rate and on the same basis as other property within the City of Yelm. SECTION 3. The City Clerk shall record a copy of this ordinance in the Office of the uuii,i~i~~p~ ~~.~o~.w ~ ci rl i County Auditor and file a certified copy with the Board of County Commissioners. SECTION 4. This Ordinance shall become effective on the 25th day of August, 1998, being a date not less than five days following publication. . i GUS ,. Kat ryn M. olf, Mayor ATTEST: Ag s P. Bennick, City Clerk/Treasurer Passed and Approve: August 12, 1998 Published: Nisqually Valley News, August 20, 1998 I II~II loll VIII ~IIIII HI llll~l VIII hl lull 8II III) 8~4l219988t1.27A CITY Df YELtI ORD 39.68 Fhurston Co. Nfl