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HomeMy WebLinkAboutLUA98-181 CITY OF RENTON MEMORANDUM DATE: May 6, 1999 TO: Karen Codiga �I FROM: Lesley Nishihira, x7270 SUBJECT: Renton Court Lot Line Adjustment II, File #LUA-98-181, LLA This Lot Line Adjustment has been sent to the County for recording. Once recorded, we will receive a copy of the mylar and the recording number. Please update the status of the project on the tracking list. Thank you. - i 11 CITY OF RENTON MEMORANDUM DATE: May 6, 1999 11 TO: City Clerk's Office FROM: Lesley Nishihira, PB/PW- Development/Planning,x7270 SUBJECT: Renton Court Lot Line Adjustment II; File #LUA-98-181, LLA Attached please find the above-referenced original mylar and three copies of the mylar for recording with King County. Please have Consolidated Delivery & Logistics, Inc. take these documents via: X 2-hour service ($20.55)-1:00 PM deadline to City Clerk 3-hour service ($16.55)-12:00 PM deadline to City Clerk 4-hour service ($12.45)-10:00 AM deadline to City Clerk Attached is a check for the amount of$20.55 for the fee to CD&L. According to Finance, the King County recording fees for this and all subsequent plat recordings should be charged to account #000/007.590.0060.49.000014. Please call me at x7270 if you have any questions. Thank you. cc: Property Management Yellow file Jan Conklin Bob Wenzl DOCUMENTS FOR RECORDING KING COUNTY RECORDS &ELECTIONS DIVISION TO: CITY CLERK'S OFFICE • DATE: S/(,p iq '1 FROM: C'i�an.F I N 6 1 L' -k , P/S/P�'�' 1P�/'\I .S �l . )C 7 �-b xtension) BILLING ACCOUNT NUMBER: 00(2/0D-1 • 91(2. C?lpC,•cam. Oro Clet (xxx/x,000amoc.xxxx.xx o(.xx.xxxxx c): IS REAL ESTATE EXCISE TAX FORM REQUIRED? No Yes ❑ (Attach form) (Accotmt will be charged 5200 filing fee) INDEXING NOTES: fR.,lry m' - ('to 1, $ l t1 G. i&-.0 b 1lV/li17.--1 ((3iíiii ) e+m, £01,,1- Ha & -00-1) SPECIAL RECORDING INSTRUCTIONS: N/A DATE ACQUIRED: GRANTOR: PURPOSE: p- Z ut A- COMMON DESCRIPTION: WI" (4 N p 'USTt'U T ADDRESS: 'l l4• a- 4t?-0 K-1,1— P 1,Prc Cam?-30S j P.I.D. O?2aC5 —' (Cl S-T-R: CROSS STREETS: UNtOO AVENe- CURRENT USE: 121 CiN TIAr I. C\VlC'.S MANAGING DEPARTMENT: pi[ PLN DEPT. FILE#. RECORDING# Rev Date 7/97 TS/REC_DOC.DOT/bh CITY )F RENTON :.LLB Planning/Building/Public Works Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator May 4, 1999 Robert P.Wenzl Belmont Homes, Inc. P.O. Box 2401 Kirkland,WA 98083-2401 • SUBJECT: Renton Court Lot Line Adjustment II Project No. LUA-98-181, LLA Dear Mr. Wenzl: The City has finished reviewing your proposed lot line adjustment and is now ready to approve and send the final version for recording. Please submit the original signed mylar and a check for the courier service to me at the sixth floor counter of City Hall. The check will need to be made out to CD&L for one of the following amounts (depending on the delivery time preferred): • 1-hour service ($20.55)-1:00 PM deadline to City Clerk • 2-hour service ($16.55)-12:00 PM deadline to City Clerk • 4-hour service ($12.45)-10:00 AM deadline to City Clerk Please verify that the mylar has been signed by all owners of record and that the mylar has been notarized with an ink stamp (not embossed). The ink stamp must be legible so that King County will promptly record the lot line adjustment. If you have further questions regarding this project, please call me at (425) 430-7270. Sincerely, 4A/4) Lesley Nishihira Assistant Planner 1055 South Grady Way - Renton, Washington 98055 [�c7 rn ��ar a��Fn i racuciart r atonal 2n i nn t cn„�i r„ar CITY OF RENTON MEMORANDUM DATE: April 30, 1999 TO: Sonja Fesser, Property Services FROM: Lesley Nishihira, Development/Planning, x7270 SUBJECT: Renton Court Lot Line Adjustment II, File #LUA-98-181, LLA Attached is the most recent version of the above-referenced lot line adjustment. If all Property Services concerns have been addressed and you are now able to recommend recording of the mylar, please initial this memo below and return to me as soon as possible. However, if you have outstanding concerns or require additional information in order to recommend recording (re)recording, please let me know. Thank you. Property Services approval: Name a e Robert T. Mac Onie, Jr. C 46--i �cJ ( �QJJE1t J/-4/ql9 cc: Yellow File V PLATMEMO\ fl CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: April 2 1999 TO: Lesley Nishihira FROM: Sonja J. Fesser SUBJECT: Renton Court Lot Line Adjustment,LUA-98-181-LLA Format and Legal Description Review Bob Mac Onie and I have reviewed the above referenced lot line adjustment submittal and have the following comments: Comments for the Applicant: The applicant's surveyor (Tim Griffin)was informed today that we still have concerns about the bearings used in the existing legal description for Parcel C. In addition, we find that,due to the bearings referenced in the legal descriptions,Parcel B and Parcel C do not share a common boundary line, as they should. We have suggested that reference to the lots of the previously recorded lot line adjustment(City of Renton Lot Line Adjustment No. 98-087)recorded under King County Rec. No. 9810149001 would be sufficient for the legal descriptions and would solve the problem. Parcel A, however, does require a legal description. Additionally,the applicant was told today that the recording number for the new 30 feet wide Utility Easement over new Lot 3 is incorrect(the number should end in 376 and not 378). Also, Item No. 5 under "NOTES"needs to be changed to note the new recording number(9904272033)for the release of easement,previously recorded under King County Rec. No. 9904082375 (erroneously shown as ending in 2376). We want to see another paper copy of this subdivision before we give our approval. Comments for the Project Manager: Note the comments above. We will give our approval when the above listed items have been addressed. We need to see another paper copy. \\TS_SERVER\SYS2\COMMON\\\TS_SERVER\SYS2\COMMON\FILE.SYS\LND\30\0179\RV990428.DOC CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: April 12, 1999 TO: Leslie Nishihira r� FROM: Sonja J. Fesser SUBJECT: Renton Court Lot Line Adjustment, LUA-98-181-LLA Format and Legal Description Review Bob Mac Onie and I have reviewed the above referenced lot line adjustment submittal and have the following comments: Comments for the Applicant: The address for Lot 3 should be noted as 4126 NE 14th Place(not 4128 NE 14th Place). The legal description for Parcel C, noted as also being known as Lot 1 of Renton Lot Line Adjustment No. LUA-98-087, should instead, be noted as Lot 2 of said lot line adjustment. In addition,the legal description for Parcel C uses two basis of bearings. Since the call to"parallel with"controls, the bearing of the south line is incorrect. The bearing of the south line given is incorrect. Note the change in the attachment concerning the reference to the extinguished access easement. Also, note the method of extinguishment(Partial Summary Judgment No. 98-2-16340-2KNT)on the drawing. We suggest that said judgment be recorded with King County and the recording number be noted in the space provided on the drawing. The Release of Easement recorded under King County Rec. No. 9904082375 appears to be in error. The legal description for Exhibit"A"should except the south 40 feet(Scott Koerner does not own said south 40 feet of the property described). The legal description for Exhibit"B"contains an error in a dimension given(see the attachment). The Utility Easement(King County Rec. No. 9904082378) grants Scott Koerner a utility easement over the westerly 30 feet of existing Tax Lot No. 0323059141. The legal description for Exhibit"A" in said document is confusing in that said tax lot is described with an additional easement for roads which includes property owned by Morris and a portion of the easement included in the Partial i Summary Judgment noted above. Is the inclusion of this road easement relevant to the utility easement granted Koerner? Show or note the utility easement on the drawing,including the recording number. \\TS SERVERRSYS2\COMMON\H:\FILE.SYS\LND\30\0179\RV990405.DOC April 5, 1999 Page 2 Was there a need for the Release of Easement document(King County Rec. No. 9904082377) which lists Belmont Homes as both the grantor and grantee, since the Partial Summary Judgment released the interest the Morrises had in the subject easement, and Scott Koerner released his interest(per King County Rec. No. 9904082375)? Note the attachment for the removal of"REVISED LOT LINE". The line pointed to was revised per the previously recorded lot line adjustment, and does not need to be referenced again. Comments for the Project Manager: Should the City Attorney be asked to review the Utility Easement,the Release of Easement documents and the Partial Summary Judgment? CITY OF RENTON MEMORANDUM DATE: March 12, 1999 TO: Neil Watts, Plan Review FROM: Lesley Nishihira, Development/Planning, x7270 SUBJECT: Renton Lot Line Adjustment, File #LUA-98-181, LLA Attached is the most recent version of the above-referenced lot line adjustment. If required improvements have been installed and/or deferred and any other Plan Review concerns have been addressed and you are able to recommend recording of this lot line adjustment, please initial this memo below and return to me as soon as possible. However, if you have outstanding concerns or require additional information in order to recommend recording, please send a written summary at your earliest convenience. Thank you. Plan Review approval: ijej/ 074 7/54q Name Date 0-t, !rt1 : vvsi1s fo) i(c✓cke Orr w7- 46 tale pci4l-eh I latt1149 meal St ter4 cc: Yellow File MAW Q/J'7CNSiob 1ttt)C 141.141 Co klf f /theW 3,11s/4q PLATMEMO.DOC\ .► 4 r CITY OF RENTON mil Planning/Building,. ..olie Works Department Gregg Zimmerman P.E.,Administrator Jesse Tanner,Mayor April 29, 1999 Robert P. Wenzl Belmont Homes, Inc. P.O. Box 2401 Kirkland, WA 98083-2401 SUBJECT: Renton Court Lot Line Adjustment II Project No. LUA-98-181, LLA Dear Mr. Wenzl: The City of Renton has reviewed your revised lot line adjustment and has remaining issues regarding the plan. The following changes will need to be made before we can approve your proposal: 1. The applicant's surveyor(Tim Griffin) was informed yesterday that we still have concerns about the bearings used in the existing legal description for Parcel C. In addition, we find that, due to the bearings referenced in the legal descriptions, Parcel B and Parcel C do not share a common boundary line, as they should, We have suggested that reference to the lots of the previously recorded lot line adjustment (City of Renton Lot Line Adjustment No. 98-087) recorded under King County Rec. No. 9810149001 would be sufficient for the legal descriptions and would solve the problem. Parcel A, however, does require a legal description. -I 2. Additionally, the recording number for the new 30 feet wide Utility Easement over new Lot 3 is incorrect (the number should end in 376 and not 378). Also, Item No. 5 under "NOTES" needs to be changed to note the new recording number (9904272033) for the release of easement, previously recorded under King County Rec. No. 9904082375 (erroneously shown as ending in 2376). 3. The plan incorrectly refers to a 26 foot wide easement over old Parcel A. The entire 40 foot width of old Parcel A is part of the "area for private easement for access and utilities" referred to on the plan. Please remove the dashed lines, arrows, and note referencing the 26 foot access easement. In addition, please further clarify the boundary of the "area for private easement for access and utilities" by indicating the area with arrows and notes (similar to the reference above "LOT 3"). By looking at the plan, the boundary for this easement is not clear because it follows bolded property lines. Therefore, arrows and notes placed in a few spots will help to distinguish this area. Once the above changes have been made, please submit two copies of the revised lot line adjustment to me for review. If you have any questions regarding your application or the changes requested above, please contact me at (425) 430-7270. Sincerely, Lesley Nishihira Assistant Planner it 1055 South Grady Way - Renton, Washington 98055 ®This paper contains 50%recycled malenal,20%post consumer CITY (F, RENTON ..IL Planning/Building/Public Works Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator April 20, 1999 Robert P. Wenzl Belmont Homes, Inc. • P.O. Box 2401 Kirkland, WA 98083-2401 SUBJECT: Renton Court Lot Line Adjustment II Project No. LUA-98-181, LLA Dear Mr. Wenzl: The City of Renton has reviewed your revised lot line adjustment. The following changes will need to be made before we can approve your proposal: 1. The address for Lot 3 should be noted as 4126 NE 14th Place (not 4128 NE 14th Place). 2. The legal description for Parcel C, noted as also being known as Lot 1 of Renton Lot Line Adjustment No. LUA-98-087, should instead be noted as Lot 2 of said lot line adjustment. 3. In addition, the legal description for Parcel C uses two basis of bearings. Since the call to "parallel with" controls, the bearing of the south line is incorrect. The bearing of the south line given is incorrect. 4. Note the change in the attachment concerning the reference to the extinguished access easement. Also, note the method of extinguishment (Partial Summary Judgment No. 98-2-16340-2KNT) on the drawing. We suggest that said judgment be recorded with King County and the recording number be noted in the space provided on the drawing. 5. The Release of Easement recorded under King County Rec. No. 9904082375 appears to be in error. The legal description for Exhibit "A" should be except the south 40 feet (Scott Koerner does not own said south 40 feet of the property described). The legal description for Exhibit "B" contains an error in a dimension given (see the attachment). 6. The Utility Easement (King County Rec. No. 9904082378) grants Scott Koerner a utility easement over the westerly 30 feet of existing Tax Lot No. 0323059141. The legal description for Exhibit "A" in said document is confusing in that said tax lot is described with an additional easement for roads which includes property owned by Morris and a portion of the easement included in the-Partial Summary Judgment noted above. Is the inclusion of this road easement relevant to the utility easement granted Koerner? Show or note the utility easement on the drawing, including the recording number. 7. Was there a need for the Release of Easement document (King County Rec. No. 9904082377) which list Belmont Homes as both the grantor and grantee, since the Partial Summary Judgment released the interest the Morrises had in the subject matter, and Scott Koerner release his interest (per King County Rec. No. 9904082375)? RE VREQ3\ 1055 South Grady Way - Renton, Washington 98055 as 8. Note the attachment for the removal of "REVISED LOT LINE". The line pointed to was revised per the previously recorded lot line adjustment, and does not need to be referenced again. Once the above changes have been made, please submit two copies of the revised lot line adjustment to me for review. If you have any questions regarding your application or the changes requested above, please contact me at (425) 430-7270. The City's Attorney is currently reviewing the Summary Judgment and the Release of Easement documents. You will be contacted immediately if there are any additional revisions required. Sincerely, Z/(/-4/- Ii Lesley Nishihira Assistant Planner attachments ii REVREQ3\ • EXHIBIT "B" Legal Description of the "Burdened Property" THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 6 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SUBDIVISION; THENCE NORTH 89°24'22" EAST ALONG THE NORTH LINE THEREOF, 372.37 FEET; THENCE SOUTH 1°10'21" EAST 534.00 FEET TO THE TRUE POINT OF BEGINNING; ►�� THENCE SOUTH 89°24'22" WEST PARALLEL WITH THE NORTH LINE OF SAID SUBDIVISION;137 FEET, MORE OR LESS, TO A POINT 180 FEET EAST OF Lev 132ND AVENUE SOUTHEAST; 07, THENCE NORTH 1°23'12" WEST ALONG A LINE 180 FEET EAST OF AND v. PARALLEL TO SAID 132ND AVENUE SOUTHEAST, 152.00 FEET; co THENCE NORTH 89°24'22"EAST PARALLEL TO THE NORTH LINE OF SAID 0 SUBDIVISION, 160.96 FEET TO A POINT LYING NORTH 1°23'12" WEST OF THE TRUE POINT OF BEGINNING; THENCE SOUTH 1°23'12" EAST 152.00 FEET TO THE TRUE POINT OF © BEGINNING; CT Q: - ----t UNPLATTED N, 0 vi S 8�rQ2'26" E 1§Q,;�6' l 0 1 I 67.95 1 __ 93.01' I-c,! 0 IN LOT 2 c AREA , b 11.0' I 1 6.9 25.0 CiC 690 50. FT. LOT I 01 171 AREA AREA 8 a'`GPI MAIN H.R. �41-1 j n 690 S0. FT.1690 SO. FT. a . - _EXISTING___ MAIN FLR. MAIN FLR. W 8 O �1�Ot�SE 8 AREA EXISTING z r rn 5c G� 1690 SO. F T. n o P 0 TAX LOT - HORSE — c.\. T , I.GPI MAIN FLR. 0 T �G.Gs.,•I S � s I in P \G� 20.0 W GPI �� P -�" N 88'02'26 ' yy REVISED LOT LINE -� lrn �� 3 3.6 7' N 18.'02'28" W 93.01' i I,�, ^10 20 SBL o Tho :n 54.67' p°.�� g Fv ' \AREA FOR PRIVATE N 88'02'26" W vii ,��o EASEMENT FOR ACCESS Oa & UTILITIES • REVISED LOT LINE - LOT 3 1 N 88ro2 2s W C L r� $0.00$ - - EXISTING EDGE I W p p C 8. .-)1 7-- OF ASPHALT 8 Q -°30 Loco - - - O in RCEL 26' ACCESS �I ppR :n� 40' ACCESS EASEMENT �7NGUlSit II^ 2u ci pp p EASEMENT n I3 ��� g UNDER�'REC. NO. i,..1-1177Cr-- o 0 o z E€ 4+N('�UISHEB.A.F.N. ; —.., . 10' EASEMENT F O - _ _ _ i PUBLIC UTILITIES L. I Z / I Ji .93.01' ' UNDER REC. NO Z i / �" 67.39' (OLL) \,/J BOLL) 7.89' N 88'02'26" W ,if870 240.40' 7281848 - -- - \--- FOUND 5/8•' RE ___ CAP ARNETT 10 FOR ROADS & 11' EASEMENT FOR UTILITIES CAP x T 1 )ER REC. NO UNDER REC. NO. 9809011215 do 9809011216. l/VATO IAA ,- FILED The Honorable Jay V. White l 99 22 P,'�112: 12 3 r;;;,�: CERTIFIEDSUPER,OP, CaU '� COPY 4 tiEN7. wit. CLERK 5 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF KING 6 BELMONT HOMES, INC., a Washington 7 corporation, 8 NO. 98-2-16340-2KNT Plaintiff, 9 ORDER ON PLAINTIFF'S MOTIOIN- v. FOR PARTIAL SUMMARY 10 MIKE MORRIS and SUSAN MORRIS JUDGMENT 11 and the marital community thereof, 12 Defendant. 13 THIS MATTER came before the undersigned judge on Plaintiff Belmont Hones, -14 Inc.'s motion for partial summary judgment. This Court reviewed Plaintiffs motion, and the 15 Declarations of Christopher Osborn and Robert Wenzl in support thereof, Defendants Morris's response, with the Declarations of Michael ad Susan Morris, and Plaintiffs re ly 16 ;Jcl�4�.:,� ()P�IGt.L+t � ,;. . ,(-wt✓>z -nn ‘,i'a. ct,Co--1-1 17 This court heard oral argumed by counsel, and being fully advised, it is hereby 18 ORDERED that Plaintiffs motion for partial summary judgment is GRANTED 19 DONE in open court this 2 2---day of Jeri' 99. 20 21 - •onor. 1"7 ite 22 Presented by: 23 SHORT CRES N & BURGE S .L.c. 24 25 By C ' per -Osbo , SBA N . 08 26 'e-Marie E. Sarge , WSBA No. 27160 Attorneys for Plaintiff LAW OFFICES SHORT CRESSMAN&BURGESS P. C. 999 THIRD AVENUE,SUITE 3000 ORDER - 1 SEATTLE,WASHINGTON 98104-4088 197025.1/480x/013223.00004 (206)682-3333 • 1 Approved as to Form and Notice of Presentation Waived by: 2 THE LAW OFFICE OF WILL . SNEL 3 4 By: Liam N. Snell, WSEA No. 3684 5 Attorneys for Defendants Morris 6 7 8 9 10 11 12 0 • 13 14 15 16 17 18 19 20 21 22 23 24 25 26 LAW OFFICES SHORT CRESSMAN&BURGESS P.L.t C. 999 THIRD AVENUE,SUITE 3000 ORDER - 2 SEATTLE,WASHINGTON 98104 4088 197025.1/480x/013223.00004 (206)682-3333 STATE OF WASHINGTON l County of King J I, PAUL L. SHERFEY, Clerk of the Superior Court of the State of Washington,for the County of King, do hereby certify that I have compared the foregoing copy with the original instrument as the same appears on file and of record in my office, and that the same is a true and perfect transcript of said original and of the whole thereof. IN TESTIMONY WHEREOF, I have hereun a my :id and affixed the Seal of said Superior C t my offic: .t Seattle this day of ,IAA 22 �� � 1s PAUL L SHERFEY : peri•r Court Clerk By -zutyClerk 011115-/�+, LA- -* 1 The Honorable Jay V. White 2 3 4 IN THE SUPERIOR COURT FOR THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF KING 5 BELMONT HOMES,INC.,a Washington 6 corporation, NO. 98-2-16340-2KNT 7 Plaintiff, ) ) PLAINTIFF'S MOTION FOR 8 v. ) PARTIAL SUMMARY JUDGMENT 9 MIKE MORRIS and SUSAN MORRIS and the marital community thereof, 10 Defendant. 11 12 I. RELIEF REQUESTED 13 Plaintiff Belmont Homes requests that the court extinguish the access easement 14 burdening its land yet providing no benefit to the Mortises' property. The Mortises have 15 access to the adjacent roadway directly from their land, and the easement burdening 16 Belmont's property serves no beneficial purpose. 17 II. STATEMENT OF FACTS 18 Exhibit 11 represents the layout of the parcels at issue. Defendants Morris own Tax 19 Lots 109 and 140. Plaintiff Belmont Homes owns Tax Lots 101, 205, and 141. 20 Prior to February 10, 1960, the lots on Exhibit I were undivided. Pursuant to a Deed 21 Agreement dated February 10, 1960, the parties' predecessor in interest created the lots in Exhibit 1 as part of a partition in kind in a dissolution. Exhibit 2. To ensure access to each 22 of the parcels created, the parties created an easement across the south 40 feet "for roads 23 and/or sidewalks." With overly simplistic drafting,truly reciprocal access easements were 24 25 26 t All exhibits are attached to the Declaration of Christopher R.Osborn. lAW MIMS SHORT CRESSMAN&BURGESS P.L.L.C. PLAINTIFF'S MOTION FOR PARTIAL 999THIRD AVENUE,SUITE 3000 SUMMARY JUDGMENT - 1 SEATTLE,WASHINGTON 9B104-4088 194217.2/3°l c1/013223.00001 (206)682-3333 E 05ed`6Z1#-1 l`INV90: i l 66/9e/ L0 !C9b6 29cEt quaiAiunnnITnn 111010 1 created — each parcel was burdened by an easement benefitting all of the other parcels 2 whether the easement was useful or not. Id. 3 As is evident from Exhibit 1,Tax Lots 109 and 140,which adjoin Union Avenue, (the 4 main thoroughfare to these lots),did not need an easement for access. Only the lots furthest 5 from Union Avenue, 141, 205, and 101,required an easement for ingress and egress. At the 6 time the Deed Agreement was drafted,the easement was meaningless to Tax Lots 109 and 7 140,and has never been used to access those properties. Dep. of Susan Morris,Exh. 3,at 21- 8 23. At the time that they purchased their property, the Mortises had no idea that they were 9 buying an easement across adjacent parcels, Id. at 16, and did not know they had an 10 easement across Belmont's property until they saw Exhibit 2. Id. at Exh. 3,at 14-15. 11 A. The Easement is Useless far Ingress. 12 Mrs. Morris testified that there is no way today that the Mortises can use the 13 easement They simply cannot access their property over the easement across lots 101, 205, 14 and 141. Dep. of Susan Morris, at 21, 23. She is not aware of any time prior to their 15 ownership of the lot that the easement could have been used to access their property. Id. at 16 21-22. 17 Mr. Morris testified that, to use the easement for access to his property across 18 Belmont's parcels,be would have to commit a crime: 19 Q: Okay. when is the first time you gained access to your property with the point of entry at 101 without committing a crime or trespassing? 20 A: Well, gee, that would be hard to answer. 21 22 Q: Isn't it true, it's very simple to answer, it never has happened? A: I'd have to be air dropped. 23 Dep. of Mike Morris, Exh. 4, at 10. 24 When forced to think of some way he might legally use the easement for access, Mr. 25 Morris suggested a most unusual route for access: 26 LAWOJces SHORT CRESSMAN&BURGESS P.L.L.C. PLAINTIFF'S MOTION FOR PARTIAL 999THIRD AVENUE,SUITE 3000 SUMMARY JUDGMENT -2 SEATTLE,WASHINGTON 98104-4088 194217.2/3%cl/013223.00031 (206)682-3333 E 05Ed`•67.17# Y 1W aeAn: L L RR/QZ/ Ill °co4,c 17or7. 1 Q: I see. So your statement to the Court is that if you're driving home one day or Union Avenue, it is your right under that easement to turn into your propert) 2 onto 140, keep right on sailing by your property on 140, sail right over 141 right over 205 right over 101,turn around and come back,and that,you think 3 is that kind of access intended by[the Deed Agreement]. Is that true? 4 A: Well, it's true. 5 Dep. of Mike Morris, at 13-14. 6 B. The Easement is Useless for Access. 7 To use Belmont's property for access,the Morrises would have to head in the wrong 8 direction, turn around,and then exit back through their own property to the main mad. Mr. 9 Morris agrees: 10 Q: Has anyone ever gained access to your property with the first point of contact across Tax Parcel 101 [Belmont's property],to the best of your knowledge? 11 A: Well, I've had other neighbors come through the back fence here (indicating) 12 and go across and come in from 101. 13 Q: Well, let me be a little more clear, Someone who owns and lives in tax parcel --the property with a house on Tax Parcel 109 [the Morrises' propert ? 14 A: No,not without going through 140 [the Morrises'], 141 [Belmont's] and up. 15 Q: Okay. In other words, not without going the wrong way and then turning 16 around? 17 A: Correct. 18 Dep. of Mike Morris, at 11. 19 C. The Easement Has No Value. 20 Mrs. Morris testified that the easement has no value to their property: 21 Q: My question to you is, how much value is this claimed right of easement to you when it can't provide you with anything because you can't get access to 22 your property across that claimed easement which is for access purposes only. What is the value you put on that? 23 A: Okay. then there would be--the way you're stating it,it would be no value. 24 Dep. of Susan Morris, at 28. 25 Mr. Morris's testimony that the easement has value is not persuasive: 26 LAW pl7LHS SHORT CRESSMAN&BURGESS PLAINTIFF'S MOTION FOR PARTIAL 999THIRD AVENUE,SUITE 3000 SUMMARY JUDGMENT -3 SEATTLE,WASHINGTON 98104-4088 194217.2/3%c1/013223.00001 (2D6)682-3333 l l/� a0ed°6Zb#-1 I`Wd60 l l 66/9Z/ l0 `.RRi7F,L7RQ7t7 i ctiu i unni •k ��ien 1 Q: Mr. Morris, you also talked about the value of the easement, and your wife'E testimony I think was pretty certainly it has no value. You take issue with that. 2 is that correct? 3 A: It does have value. We are given rights to cross that property, and I don't think that rights should just be given away. That's our—. 4 Q: You just told me you can't exercise that right without committing a crime, 5 correct? 6 A: Well, I can --no, no,not correct. I can access [the easement] off Tax Lot 140 [owned by the Morrises]. 7 Q: In other words, you can go up there and stomp around on and say "this is 8 mine" and go back to your house. But in terms of gaining access, there is absolutely no way to use 101, 205, and then 141 without first committing. 9 trespass, correct? 10 A: No. I actually can gain from Tax Lot 140. 11 Q: In other words, you can drive past your house, turn around and come back. Is that your point? 12 A: Yes. 13 Dep. of Mike Morris,at 12-13. Mr. Morris could not associate any value with an easement 14 of this sort, other than the fact that he has "a right to use that easement, and [he does] not 15 wish to give it up." Id. at 14-15. 16 D. The Morrises' First Claimed Their Interest in the Easement to Obstruct 17 Belmont's Development of Its Property. 18 The easement over Belmont's property benefitting the Morrises' property leads no 19 where and serves no purpose. It had never been used by the Mortises'predecessors to access 20 their property, and has never been used by the Morrises. Dep. of Susan Morris, at 21-23. 21 The Morrises did not know about the easement when they purchased the property. Dep. of 22 Susan Morris, at 16. They first learned of the easement when Mr. Wenzl, the owner of 23 Belmont Homes, showed them the Deed Agreement. Dep. of Susan Morris, at 14-15. 24 Mr. Wenzl planned to purchase Tax Lots 101,205, and part of 141 in 1997. Decl. of 25 Wenzl. He spoke to the Morrises about purchasing an easement for utilities over their 26 property at that time. Decl. of Wenzl. The Morrises oppose the development and refused LAW QUEM SHORT CRESSMAN&BURGESS p.j..r c, PLAINTIFF'S MOTION FOR PARTIAL 999THIRD AVENUE,SUITE 3000 SUMMARY JUDGMENT-4 SEATTLE,WASHIMTON 98104.4088 194217.2/3%c1/013223.00001 (206)682-3333 1 11/9 abed`•6Et#—IV3TUVINVOL: 11 66/9E/ 10 !e 9176 LERq7,17 IRVgW1W N .1a iniva nnITnn :An -mac 1 to grant Belmont a utility easement even though there are already existing utilities easement 2 on their property serving others. See Exh, 5, Letter from Morrises' attorney. 3 Belmont Homes obtained a permit for site building on Tax Lot 101 from the City o 4 Renton in 1997. Decl. of Wenzl. The permit allows Belmont Homes to build six single 5 family dwellings on the lot. Id. The Morrises appealed the issuance of that permit Id. 6 On June 17, 1998,the City issued a grading permit for Belmont to begin construction 7 Decl. of Wenzl. The Morrises called the City of Renton to try to stop construction. Id. Ar 8 inspector arrived on the property at 6:00 a.m. on June 19, 1998, the clay that construction wa,5 9 to begin. Id. The inspector"red-tagged"the property and stopped construction to check the 10 accuracy of the permit applications. Id. Belmonfs permit applications were verified, and the 11 "redtag"was lifted by 9:00 a.m. Id. 12 It is apparent that the Morrises' professed interest in the useless, abandoned easement 13 has nothing to do with the easement itself,but rather the Morrises will use any leverage they 14 have to stop Belmont's lawful development of its property. 15 III. STATEMENT OF ISSUES 16 Should the court extinguish an easement which was created solely as a consequence 17 of sloppy draftsmanship, is useless and has been abandoned and cannot ever serve a 18 beneficial purpose to the dominant estate? 19 IV. EVIDENCE RELIED UPON 20 This motion is based upon the records and files herein, and the attached Declaration 21 of Christopher R. Osborn. 22 V. ARGUMENT AND LEGAL AUTHORITY 23 An easement is an interest in land that burdens the servient estate. Berg v. Ting, 125 24 Wn.2d 455, 551, 886 P.2d 564 (1995). An easement is a use interest, and to exist as an 25 appurtenance to land, must serve some beneficial use to the dominant estate. Coast Storage 26 lAW ME RV SHORT CRESSMAN&BURGESS P.LL.C. PLAINTIFF'S MOTION FOR PARTIAL 999TH110 AVENUE,SUITE 3000 SUMMARY JUDGMENT -5 SEATTLE,WASHINGTON 98104-4088 194217.2/3%cl/013223.00001 (2)6)682-3333 L L/9 abed`6Z17#—I f.`Wv'0 L: L L 66/9e/ l0 •`EBI7Fi L7.RG7.17 •Fn ��� 1 Co. v. Schwartz, 55 Wn.2d 848, 853, 351 P,2d 520 (1960). An easement is terminated whei 2 it no longer serves any beneficial use to the benefited land. Id. 3 The Restatement of Property states that"an easement is appurtenant to land when thf 4 easement is created to benefit and does benefit the possessor of the land in his use of the 5 land." Restatement of Property §453. Comment a states that an easement appurtenant mus 6 have been created to benefit the owner of it as the possessor of a particular tract of land. Id 7 at Comment a(emphasis added). 8 Further, Comment b to § 453 states that the easement "must benefit possessor a� 9 such:" 10 In order that an easement may be appurtenant to a particular tract of land, not only must it appear that the easement was created for the purpose of benefiting 11 the possessor ofthat land in his use of it,but the use permitted by the easement must be such as really to benefit its owner as the possessor of that tract of land. 12 Moreover,the easement must in some degree benefit the possessor of the land in his physical use or enjoyment of the tract of land to which the easement is 13 appurtenant. 14 In Coast Storage, the owner divided his property into separate parcels and sold 15 portions of them to the plaintiff. As a part of the sale, the owner granted the plaintiff an 16 easement over one of his remaining parcels for access. The easement as originally created 17 ran through the plaintiffs property and adjoined the defendants property. The plaintiff later 18 purchased almost the entire parcel, except for a portion of one parcel that was sold to the 19 defendant. 20 The plaintiff sued to quiet title in the easement against the defendant. The court noted 21 that, at the time that the easement was granted to the plaintiff, it was a necessary means of 22 access between the first owner's tract and the plaintiffs property. Coast Storage,55 Wn.2d 23 at 853. However, when all of the property west of a vacated street was conveyed to the 24 plaintiff, the portion of the original easement running through the plaintiffs property 25 terminated because the plaintiff could not have an easement through his own property. 26 L WOUX SHORT CRESSMAN do BURGESS P.LL.c. PLAINTIFF'S MOTION FOR PARTIAL ➢99 THIRD AVENUE,SLUE 3c00 SUMMARY JUDGMENT - 6 SEATTLE,WASHINGTON 98104-4088 194217.2/3%c11013223.00001 (206)682-3333 11// abed`6Et#-1 I`Wb'11: 11 66/9E 10 °1;9-176289zt, q!-IaW1-IlnNTM : 7 Zuac 1 Although the portion adjoining the defendant's property still existed, the court held that i 2 lead nowhere and therefore served no purpose: 3 There is no longer any reason or necessity to go from[Defendant's]parcel east of the abandoned street to . . .[the laintiffs], An easement is a use interest, 4 and to exist as an appurtenance to 1pand, must serve some beneficial use. The strip now ends in the middle of plaintiffs' property. It does not led anywhere, 5 truly a dead-end roadway. 6 Id. at 853. The court quieted the plaintiffs title to the strip of land which had been part of 7 the express casement. 8 Likewise, in this case, the Morrises' easement over Belmont's property serves nc 9 beneficial purpose to the dominant estate. The Morrises' property is adjacent to the main 10 thoroughfare,rendering the easement useless. Further, the easement leads nowhere. Per the 11 Morrises' own testimony,the easement cannot be used to ingress or egress their property. 12 Dep. of Susan Morris, at 21-23;Dep. of Mike Morris, at 10, 11, 13-14. To their knowledge, 13 the easement has never been used to access their property. Dep. of Susan Morris, at 21-23. 14 Mr. Morris testified that he would have to be "air dropped" to access his property from the 15 easement burdening Belmont's parcels. Dep. of Mike Morris, at 10. The easement also has 16 no value, other than Mr. Morris's belief that he has a"right" to an easement that serves no 17 purpose. Id. at 14-15. 18 Unlike Coast Storage, in this case the easement's uselessness did not result from 19 reconveyances. Rather,the easement as written served no purpose to the Morrises'parcels. 20 The Deed Agreement should have granted an easement to the landlocked parcels only, not 21 to those parcels adjoining Union Avenue. The easement has never been used to access the 22 Morrises' property and in fact, per the Morrises' own testimony, cannot be used to access 23 their property. See Dep. of Susan Morris, at 21-23; Dep. of Mike Morris, at 10, 11, 13-14. 24 The easement was useless to Tax Lots 109 and 140 when written and it is useless to them 25 now. An easement that serves no beneficial purpose to the benefitted estate must be 26 lAW OFFICES SHORT CRESSMAN&BURGESS P.L.L.C. PLAINTIFF'S MOTION FOR PARTIAL 999THIRD AVENUE,SUITE 3000 SUMMARY JUDGMENT -7 SEATTLE,WASHINGTON 98104-4088 194217.2/3%d/013223.00001 (206)682-3333 11/9 abed°6Z17#—I I`Wv11: 11 66/9E/ 1.0 `E91761Z89Zti ICvauium a saawuanmrnn : 1 "MAC 1 terminated, Coast Storage, supra. The Morrises have no"right" to an easement that has nc 2 benefit to their property. 3 It is clear that the Morrises asserted their interest in the easement only to inhibit 4 Belmont Homes's development of the property. They did not know it existed when they 5 purchased the property, Dep. of Susan Morris, at 16, and it is not beneficial to their use of 6 their property. They only learned of its existence when Mr. Wenzl showed them the Deed 7 Agreement. Dep. of Susan Morris, at 14-15. Since that time they have brandished this 8 useless easement to prevent Belmont Homes from building on its property, which has been 9 properly cited and permitted by the City of Renton for development. Belmont Homes has 10 incurred and continues to incur substantial costs for these delays. 11 VI. CONCLUSION 12 The easement benefitting the Morrises' property and burdening Belmont's serves no 13 beneficial purpose to the Morrises. Belmont respectfully requests that the court extinguish 14 the easement. 15 DATED this day of November, 1998. 16 SHORT CRESSMAN&BURGESS P.L.L,C. 17 By y Christopher R Osborn,WSBA No, 13608 Anna-Marie E. Sargent,WSBA No. 27160 19 Attorneys for Plaintiff 20 21 22 23 24 25 26 1AW MIMES SHORT CRESSMAN&BURGESS P.L.L.C. PLAINTIFF'S MOTION FOR PARTIAL 999 THIRD AVENUE,SUITE 3000 SUMMARY JUDGMENT - 8 SEATTLE,WASHINGTON 98104-4088 194217.213%cl013223,00001 (206)682-3333 LL/a aber1!6717#—Y 1 I we?L: LL RA/Q7/ Ln !CR17R17QC74-7 icw uiunni 7u7Wu,n,ITAA •i"^, niimn I 1 • • • .� iN WITN W c E I h eh r set my hand and seal the day and year as written below. - I CORPORATE FORM OF ACKNOWLEDGEMENT Notary Seal must be within box STATE OF WASHINGTON ) SS COUNTY OF KING ) ����`il►ttEfitii� On this 3��day of Ma/�N , 1522 before me a����-.•�sioN�.cs-,� personally appeared Idityt-T-,O f,/ /ZL_ t: Cr ;p•.� to be known to be the � a�✓vT of the ':e N AR_1 O:• corporation that executed the within Instrument, and e24: ` 0 C: acknowledge the said instrument to be the free and ''' AV&LIG .p. voluntary act and deed of said corporation, for the uses �'.� 007-1 �:�y'1��•� and purposes therein mentioned, and each on oath �ii•�1I,WA• IStk%s stated that he/she was authorized to execute said instrument and that the seal affixed Is the coroporate seal of said corporation. c 111 C 3 :NilNotary Pu Ifc Ina d f r the State of Washington Printed name: L A • Ill Residing at: commjs�pnexpires: � Dated: �!h(l����_a+ D Ct • That said Grantor(s), for and In consideration of mutual benefits, do by these presents, grant, bargain, sell, convey, and warrants unto the said Grantee, its successors and assigns, an easement for all utilities (Including water, wastewater, surface water, cable and phone)with necessary appurtenances over, under through, across and upon the following described property(the right-of-way) in King County, Washington, more particularly described on page 1, (or If full legal Is not on page 1--Exhibit A.) Per the purpose of construction, reconstruction, installing, repairing, replacing, enlarging, operating and maintaining utilities and utility pipelines, including, but not limited to, water, sewer, cable, phone and storm drainage lines, together with the right of Ingress and egress thereto without prior Institution of any suit or proceedings of law and without incurring any legal obligation or liability therefor. Following the initial construction of its facilities, Grantee may from time to time construct such additional facilities es It may require. This easement Is granted subject to the following terms and conditions: . 1 The Grantee shall, upon completion of any work within the property covered by the easement, restore the surface of the easement, and any private improvements disturbed or destroyed during execution of the work, as nearly as practicable to the condition they were In Immediately before commencement of the work or entry by the Grantee. 2. Grantor shall retain the right to use the surface of the easement as long as such use does not Interfere with the easement rights granted to the Grantee. Grantor shall not, however, have the right to: a. Erect or maintain any buildings or structures within the easement; or b, Plant trees, shrubs or vegetation having deep root patterns which may cause damage to or interfere with the utilities to be placed within the easement by the Grantee; or 142 c. Develop, landscape, or beautify the easement area in any way which would unreasonably Increase the costs to the Grantee of restoring the easement area and any private improvements therein. d. Dig,tunnel or perform other forms of construction activities on the property which would disturb the compaction or unearth Grantee's facilities on the right-of-way, or endanger the lateral support facilities. e. Blast within fifteen (15)feet of the right-of-way. This easement shall run with the land described herein, and shall be binding upon parties, their heirs, successors In Interest and assigns. Grantors covenant that they are the lawful owners of the above properties ad they have a good and lawful right to execute this agreement. By this conveyance, Grantor will warrant and defend the sale hereby made unto the Grantee against all and every person or persons, whomsoever, lawfully claiming or to claim the same. This conveyance shall bind the heirs, executors, administrators and assigns forever. EXHIBIT "A" LEGAL DESCRIPTION PARCEL A: THE SOUTH 40 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SUBDIVISION; THENCE NORTH 8924'22" EAST ALONG THE NORTH LINE THEREOF, 372.37 FEET; THENCE SOUTH 1'10'21" EAST 534.00 FEET; THENCE SOUTH 89'24'22" WEST PARALLEL WITH THE NORTH LINE OF SAID SUBDIVISION ri,' 240.37 FEET, MORE OR LESS, TO A POINT 100 FEET EAST OF.132ND AVENUE N SOUTHEAST AND THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; CO THENCE NORTH 1'23'12" WEST ALONG A LINE 100 FEET EAST OF AND PARALLEL TO SAID 132ND AVENUE SOUTHEAST, 152.00 FEET; +N1 THENCE NORTH 89'24'22" EAST PARALLEL TO THE NORTH LINE OF SAID SUBDIVISION, Z 80 FEET: THENCE SOUTH 1'23'12" EAST PARALLEL TO THE EAST LINE OF 132ND AVENUE SOUTHEAST 152,00 FEET; 1114 THENCE SOUTH 89'24'22" WEST 80 FEET TO THE TRUE POINT OF BEGINNING. CA TOGETHER WITH AN EASEMENT FOR ROADS OVER AND UPON THE SOUTH 40 FEET CZ OF THE FOLLOWING DESCRIBED PROPERTY; THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SUBDIVISION; THENCE NORTH 89'24'22" EAST ALONG THE NORTH LINE THEREOF, 372.37 FEET; THENCE SOUTH 110'21" EAST 382.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 1'10'21" EAST 152.00 FEET; THENCE SOUTH 89'24'22" WEST PARALLEL WITH THE NORTH LINE OF SAID SUBDIVISION 340.37 FEET, MORE OR LESS, TO THE EASTERLY MARGIN OF 132ND AVENUE SOUTHEAST; THENCE NORTH 1'23'12` WEST ALONG SAID MARGIN 152.00 FEET; THENCE NORTH 89'24'22" EAST PARALLEL WITH THE NORTH LINE OF SAID SUBDIVISION TO THE TRUE POINT OF BEGINNING. EXCEPT ANY PORTION THEREOF LYING WITHIN THE ABOVE DESCRIBED MAIN TRACTS. 9 9040ti2376k • . • EXHIBIT "B" S 88'02.26' E \ NW CORNER OF NE 372,37' SW 1/4, SW 1/4 OF O SEC 3-23-S CO 240.96' P..)S 88'02'26" E /' S0.O0' (Tiw W W La m c0 Q 2 to • O O _ O 'r O ► Z Z - rn 0 O 100 z I Z 'nn .•) N I O - ,n hr) \ cr, S 88'02'26" E u 80.00' EXIST. 40' CEL ACCESS EASEMENT o pAR o EXIST. 40' L1i v A sr ACCESS EASEMENT Z \--\- -- 80.00' I N 8E032 26" W 240.40' LA I Q NY•A. CR/ 50 0 50 • of •y•''`"•A, 4: z _ ) Scale 1 - 50' ri s :,p• . :p� 9n/a 1.1/4.Q 1 c n IC.3- 7 E.AL. Oi;. time • 76 i on v kT 'MC Cur!.ws�c.d C TER�:��,� .L.a Wig... a .i... .L�1t�c�a�. =^Q r •. REFER TO CITY OF RENTON BOUNDARY s/ � „ ..• s•S yeartssamaL�_ LINE ADJUSTMENT LUA-98-187-LLA .— .,,IINNIMI ) FOR BOUNDARY INFORMATION 1. EXPIRES: 10/03/99 Eti,oa+e.,rs ro r►at L Z r iI r Return Address: Belmont Homes, Inc. P.O. Box 2401 Kirkland, WA 98083-2401 1115 C'7 :0 O DOCUMENT TITLE: Release of Easement REFERENCE NUMBER(S) OF RELATED DOCUMENTS: ' ., Additional reference numbers on page(s) of document. GRANTOR: 1.Scott Koerner 4 2. ;;I 3. GRANTEE: 1.Belmont Homes, Inc. 2. 3. ,; Tax parcel numbers 032305-9101,032305- ABBREVIATED LEGAL 9205,032305-9168 DESCRIPTION: Additional legal on page of document. )11 ;1. /=i par ASSESSOR'S TAX PARCEL NO(S). Tax 9205, 032305-9168celnumbers 032305-9101,032305- RELEASE OF EASEMENT This release of easement (the "Release") is made this 8th day of April 1999 by Scott Koerner. (Collectively "Grantor") with respect to the following: RECITALS WHEREAS Grantor owns that certain parcel of real property located in King County, Washington, more particularly described in attached Exhibit A (the "Benefitted Property"); and WHEREAS, Belmont Homes, Inc. owns that certain parcel of real property located in King County, Washington, more particularly described in attached Exhibit B (the "Burdened Property"); and WHEREAS, Grantor has agreed to relinquish any interest Grantor has in the Easement to described in the attached Exhibit C, to the limited extent that the Easement burdens t Belmont Homes' property; Cr3 ^^� RELEASE 6- 411 NOW THEREFORE, in consideration of the above recitals and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Grantor hereby forever releases and quitclaims any and all right, title and interest to that portion of the easement created under the deed and agreement file under King County recording Cn number 5130776 as it pertains to tax parcels 032305-9101 and 0323059205 AKA lots 3 and 4 of the agreement AND any portion of tax lot 032305-9141 EXEPT THE WESTERLY 80 FEET THEREOF. Said easement shall remain in effect regarding tax parcel 032305-9168 AKA lot 2 of the deed and agreement being the dominate tenement under said easement. Print Name kq"r4P/' NOTARY PAGE • STATE OF ) WASHINGTON ) ss: COUNTY OF KING I certify that I know or have satisfactory evidence that Scott Koerner IS the persons who appeared before me, and said person acknowledged that HE signed the instrument and acknowledged it to be HIS free and voluntary act for the uses and purposes mentioned in the instrument. DATED: (1 , I94j J iltatj %•.e• P. E. NQ01b. Print Name: Cheryl A. Engstrom tpoN r r,r• °Yore',; NOTARY PUBLIC in and tate rr N: -- • r . of Washington, residing at. 07.18.00 ‘��`� •is''"it%%0 My Appointment expires:1'I ( 1 (Use the space for notorial stamp/seal) _ _ _ I wnwnag w 1 LZ: E0 66-80—N4 • EXHIBIT "A" Legal Description of the"Benefitted Property" THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SUBDIVISION; THENCE NORTH 89°24'22" EAST ALONG THE NORTH LINE THEREOF, 372.37 FEET; THENCE SOUTH 1°10'21" EAST 534.00 FEET; THENCE SOUTH 89°24'22" WEST PARALLEL WITH THE NORTH LINE OF SAID SUBDIVISION 240.37 FEET, MORE OR LESS, TO A POINT 100 FEET EAST OF 132ND AVENUE SOUTHEAST AND THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; 113 THENCE NORTH 1°23'12" WEST ALONG A LINE 100 FEET EAST OF AND tft PARALLEL TO SAID 132ND AVENUE SOUTHEAST, 152.00 FEET; THENCE NORTH 89°24'22"EAST PARALLEL TO THE NORTH LINE OF SAID SUBDIVISION, 80 FEET; TEHNCE SOUTH 1°23'12" EAST PARALLEL TO THE EAST LINE OF 132ND AVENUE SOUTHEAST 152.00 FEET; THENCE SOUTH 89°24'22" WEST 80 FEET TO THE TRUE POINT OF BEGINNING. . I NOTARY PAGE STATE OF ) WASHINGTON ) ss: COUNTY OF KING I certify that I know or have satisfactory evidence that Robert P. Wenzl is the person who appeared before me, and said person acknowledged that he signed the instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the instrument. DATED: April 8, 1999 111. omititio •� �Y L �1, yip rv .4,'a'oh.,ti0 Print Name: Cheryl EngstrQrrl No �NIT 0 NOTARY PUBLIC in and for the State '0 t of Washington, residing at: Seattle s. •' My Appointment expires: 07-18-00 (Use the space for notorial stamp/seal) • EXHIBIT "A" Legal Description of the"Benefitted Property" THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SUBDIVISION; THENCE NORTH 89°24'22" EAST ALONG THE NORTH LINE THEREOF, 372.37 - FEET; THENCE SOUTH 1°10'21 " EAST 534.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°24'22" WEST PARALLEL WITH THE NORTH LINE OF SAID SUBDIVISION 160.37 FEET, MORE OR LESS, TO A POINT 180 FEET EAST OF 132ND AVENUE SOUTHEAST; t. THENCE NORTH 1°23' 12" WEST ALONG A LINE 180 FEET EAST OF AND 71 PARALLEL TO SAID 132ND AVENUE SOUTHEAST, 152.00 FEET; THENCE NORTH 89°24'22" EAST PARALLEL TO THE NORTH LINE OF SAID 0 SUBDIVISION, 160.96 FEET TO A POINT LYING NORTH 1°23'12" WEST OF THE • TRUE POINT OF BEGINNING; THENCE SOUTH 1°23112" EAST 152.00 FEET TO THE TRUE POINT OF BEGINNING; EXHIBIT "B" Legal Description of the"Burdened Property" THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SUBDIVISION; - THENCE NORTH 89°24'22" EAST ALONG THE NORTH LINE THEREOF, 372.37 FEET; THENCE SOUTH 1°10'21" EAST 534,00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°24'22" WEST PARALLEL WITH THE NORTH LINE OF SAID SUBDIVISION 160.37 FEET, MORE OR LESS, TO A POINT 180 FEET EAST OF 132ND AVENUE SOUTHEAST; THENCE NORTH 1°23'12" WEST ALONG A LINE 180 FEET EAST OF AND PARALLEL TO SAID 132ND AVENUE SOUTHEAST, 152.00 FEET; THENCE NORTH 89°24'22" EAST PARALLEL TO THE NORTH LINE OF SAID SUBDIVISION, 160.96 FEET TO A POINT LYING NORTH 1°23'12" WEST OF THE TRUE POINT OF BEGINNING; THENCE SOUTH 1°23'12" EAST 152,00 FEET TO THE TRUE POINT OF git BEGINNING; C,? 0,1 70 � 714 4� EXHIBIT"C" Legal Description of the Easement AN EASEMENT FOR ROADS OVER AND UPON THE SOUTH 40 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THAT PROTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SUBDIVISION; THENCE NORTH 89°24'22" EAST ALONG THE NORTH LINE THEREOF, 372.37 FEET; THENCE SOUTH 1°10'21 " EAST 534.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°24'22" WEST PARALLEL WITH THE NORTH LINE OF SAID SUBDIVISION 160.37 FEET, MORE OR LESS, TO A POINT 180 FEET EAST OF 132ND AVENUE SOUTHEAST; THENCE NORTH 1°23'12" WEST ALONG A LINE 180 FEET EAST OF AND PARALLEL TO SAID 132ND AVENUE SOUTHEAST, 152.00 FEET; THENCE NORTH 89°24'22" EAST PARALLEL TO THE NORTH LINE OF SAID , SUBDIVISION, 160.96 FEET TO A POINT LYING NORTH 1°23' 12" WEST OF THE co TRUE POINT OF BEGINNING; :3 THENCE SOUTH 1°23' 12" EAST 152.00 FEET TO THE TRUE POINT OF BEGINNING; X) d'+ Cr) . Return Address: Belmont Homes, Inc. P.O. Box 2401 Kirkland, WA 98083-2401 to• ,14 DOCUMENT TITLE: Release of Easement REFERENCE NUMBER(S) OF RELATED DOCUMENTS: CA Additional reference numbers on page(s) of document. 1! GRANTOR: I Belmont Homes, Inc. 2, 3. GRANTEE: I.Belmont Homes, Inc. 2. 3. ABBREVIATED LEGAL TAX PARCELS: DESCRIPTION: 032305-9205 and 032305-9101 Additional legal on page of document. ASSESSOR'S TAX PARCEL NO(S). 032305-9205 and 032305-9101 • ; • RELEASE OF EASEMENT This release of easement (the "Release") is made this 8th day of April 1999 by Belmont Homes, Inc. (collectively "Grantor") with respect to the following: RECITALS WHEREAS Grantor owns that certain parcel of real property located in King County, Washington, more particularly described in attached Exhibit A (the "Benefitted Property"); and WHEREAS, Belmont Homes, Inc. owns that certain parcel of real property located in King County, Washington, more particularly described in attached Exhibit B (the "Burdened Property"); and WHEREAS, Grantor has agreed to relinquish any interest Grantor has in the Easement described in the attached Exhibit C, to the limited extent that the Easement burdens Belmont Homes' property; Cat RELEASE NOW THEREFORE, in consideration of the above recitals and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor hereby forever releases and quitclaims any and all right, title and interest in the easement and agreement under RECORDING NUMBER 5130776 recording in King County dated 2/11/1960 to t xtent it burdens the r rty. BELL. OME , INC. Pripf N e ROBERT P. ENZL,PRESIDENT Print Name - "INT NnwThr Wd 6Z: 20 66-80-21d0 EXHIBIT "B" Legal Description of the "Burdened Property" THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 6 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SUBDIVISION; THENCE NORTH 89°24'22" EAST ALONG THE NORTH LINE THEREOF, 372.37 FEET; THENCE SOUTH 1°10'21" EAST 534.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°24'22" WEST PARALLEL WITH THE NORTH LINE OF SAID ICI SUBDIVISION 150.37 FEET, MORE OR LESS, TO A POINT 180 FEET EAST OF t. 132'JD AVENUE SOUTHEAST; cej THENCE NORTH 1°23'12" WEST ALONG A LINE 180 FEET EAST OF AND v. PARALLEL TO SAID 132ND AVENUE SOUTHEAST, 152.00 FEET; co THENCE NORTH 89°24'22"EAST PARALLEL TO THE NORTH LINE OF SAID SUBDIVISION, 160.96 FEET TO A POINT LYING NORTH 1°23'12" WEST OF THE TRUE POINT OF BEGINNING; THENCE SOUTH 1°23'12" EAST 152.00 FEET TO THE TRUE POINT OF O BEGINNING; Q'. EXHIBIT "C" Legal Description of the Easement AN EASEMENT FOR ROADS OVER AND UPON THE SOUTH 40 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SUBDIVISION; THENCE NORTH 89°24'22" EAST ALONG THE NORTH LINE THEREOF, 372.37 • FEET; THENCE SOUTH 1°10'21" EAST 534.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°24'22" WEST PARALLEL WITH THE NORTH LINE OF SAID C� SUBDIVISION 160.37 FEET, MORE OR LESS, TO A POINT 180 FEET EAST OF 132ND AVENUE SOUTHEAST; THENCE NORTH 1°23'12" WEST ALONG A LINE 180 FEET EAST OF AND PARALLEL TO SAID 132ND AVENUE SOUTHEAST, 152.00 FEET; 'd{ THENCE NORTH 89°24'22" EAST PARALLEL TO THE NORTH LINE OF SAID Q SUBDIVISION,160.96 FEET TO A POINT LYING NORTH 1°23'12" WEST OF THE Cr: TRUE POINT OF BEGINNING; :1 THENCE SOUTH 1°23'12" EAST 152.00 FEET TO THE TRUE POINT OF BEGINNING: • CITY OF RENTON MEMORANDUM DATE: March 12, 1999 TO: Sonja Fesser, Property Services FROM: Lesley Nishihira, Development/Planning, x7270 SUBJECT: Renton Court Lot Line Adjustment,'File #LUA-98-181, LLA Attached is the most recent version of the above-referenced lot line adjustment. If all Property Services concerns have been addressed and you are now able to recommend recording of the mylar, please initial this memo below and return to me as soon as possible. However, if you have outstanding concerns or require additional information in order to recommend recording (re)recording, please let me know. Thank you. Property Services approval: Name Date cc: Yellow File PLATMEMO.DOC\ x.. `� .�.;"s'r�w, I 'w,,_ya yti. H .Gr 4r t ii�1 f x'C'Ye"f r4'-'' fi..-Tw t 'r -- ,. ,'f CITY „IF RENTON ••LL Planning/Building/Public Works Department • Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator January 26, 1999. Robert P. Wenzl is Belmont Homes, Inc. P.O. Box 2401 Kirkland, WA 98083-2401 SUBJECT: Renton Court Lot Line Adjustment II Project No. LUA-98-181, LLA Dear Mr.Wenzl: The City of Renton has reviewed your proposed lot line adjustment. Please make the following changes so that we may approve your proposal: 1. Please change the name of the proposal to the "Renton Court Lot Line Adjustment II". This will help to avoid future confusion between this lot line adjustment and the one recorded previously under the same name. 2. Include the ground floor square footage of the existing structures on the plan. 3. Provide the amount of impervious surface on each lot. Also, please label or shade these areas on the plan. 4. Provide the front yard setback for the existing structure on Lot 1. 5. The old dividing property line between Parcel A and B is incorrectly referred to as "OLL". Please correct the spelling error. 6. Note the City of Renton land use action number (LUA-98-181-LLA) and the city's land record number (LND-30-0179) on the drawing. Both of these numbers are different from what is currently shown on sheet 1 of 3. 7. Note that the property to the north of the subject property is unplatted. 8. The private easement for access and utilities, as proposed in the earlier lot line adjustment recorded under King county Rec. No. 9810149001, does not exist until such time as one or more of the lots are conveyed to another. Therefore, remove the word "Existing" from the reference to the easement and replace it with "Area for private " on Sheet 3 of 3. 9. The legal description noted on sheet 1 of 3 for Parcel B (before conveyance) describes what the property boundary line was before the recent lot line adjustment (LUA-98-087-LLA). Therefore, the legal cannot say that it is also known as Lot 1 of said lot line adjustment, because the lot created via the LLA is not 80 feet in width, but only 67+ feet in width. 10. The legal description for Parcel C (before conveyance) appears to use two bases of bearing. The bearing for the north line of the SW '/. (N 89° 24' 22" E) cannot be said to be parallel with a line 152 feett to the south, the bearing of which is N 88° 02" 26" W. In addition, the legal description notes that Parcel C is also known as Lot 1 of the above referenced lot line adjustment (LUA-98- 087-LLA). It is actually a flawed description (per the first 2 sentences of this paragraph) of Lot 2 of said LLA. RCVREQ.DOC\ 1055 South Grady Way-Renton, Washington 98055 ti'►_ 51 t� wF, 4 yf r r s: _ ° S -,4,4.:'a + n,, I J ' ,io r:i r� i ^•}'1�•4 G."01y_ • ' f 64k1FA.f x... •, :411}i"`Y.'rL e 7 • ''744 `� V P ',X 4,1.e K?,• ,X-:. ,1+' '',.' S` � rT' r,-�'f•r '''t ' y i,�. J.s` '}� fikj` !..*•• f' '� z ee -4, k .�.r K'i Lt4p� 1 ;C„F t .,.,''' y�. "k,, `' �LZ y ' 9F t y-. L 5, ,- }' r :,� h ;' ? {P. r" n b% -% ...,• ',� -. a' Eo+ f •„•; 'S "1,`sa _�' 'fit' a .. ..� - r Sit k':'�F `i`.. r I F �� f. ,.F t l,h •'�. 'Y 1.r Y'' +"' �'4 ��;,, c � • '` -.k �. ' ,1?,'r . if „ty =:F e � � i . ''''(.1**:, .l.4,"n '-'1., � • '-e : . ti<r ie y Y.•t' 'F 4lfy (' 4rh3 6" s' .� .,"t s si t" §^?tf ? ff t n f i t - .�c '`.q .{1r , 3L l 1L $ ' {r+t4 ,,"1t r F P+ ,, tz yl '�yp' -sa#� .. rys4? irr)".e t li a,.e -r� �„,,;„ #! a, :d Rt ,. ; ' r 1 ' S a;-', tSxY J::, y k S♦..� t x' 4 ,+> 4 iz = y.+it ; '£ h f j^ / Jb .w':i i 1 d t t �' •Q �,1 7, Y K k. 4tb r ♦ t : } -1♦ y r �z�+R "! �.+.+'o fi �vC.x 1..! �! y • � � .•,`c .✓ _ t �'r:k t i t •.r • ,• .e *` .1.:,-;i 3. •- Y1C ‘ -1 } Y r. r•rz§ "i. 11. One further comment about the legal descriptions for Parcels B and C, as presented: they overlap by 12+ feet. • .F 12. The City of Renton no longer requires legal descriptions for the new lot configurations. Therefore, we did not review the"Legal Descriptions After Conveyance" block on Sheet 1 of 3. 13. The address for Lot 3 is 4126 NE 14th Place. Note the address in the space provided on Sheet 3 of 3. 14. Note what is set at the new corners of the proposed lots. The "Legend" indicates what was set for the previous lot line adjustment (LUA-98-087-LLA). 15. Note discrepancies between bearings and distances of record and those measured or calculated, if any. 16. Note that if there are restrictive covenants, agreements or easements to others as part of this subdivision, they can be recorded concurrently with the lot line adjustment. The lot line adjustment drawing and the associated document(s) are to be given to the City Clerk's office as a package. The lot line adjustment shall have the first recording number. The recording number(s) for the associated document(s) should be referenced on the lot line adjustment drawing in the appropriate location(s). 17. The 40 foot easement over proposed Lot 3 will need to be dealt with before the lot line adjustment can be approved by the City. Unfortunately, the extinguishing of the easement cannot be recorded with the lot line adjustment. The extinguishing of the easement should be completed first and then referenced on the lot line adjustment plan (e.g., "40' access easement extinguished under recording number..."). 18. With the removal of the existing 40 foot access easement over Lot 3, a new 26 foot private road easement for the benefit of Lots 1, 2, and 3 as well as Tax Lot 168 will need to be recorded. This may have been completed with the previous lot line adjustment, however, the boundaries of the "existing easement for access and utilities (private)" is unclear. (Because property boundaries and easement lines overlap, it may be helpful to label the boundaries of the easement with arrows.) 19. The proposed 20 foot road can serve a maximum of two lots. Access to four lots (Tax Lot 168, Lot 1, Lot 2, and Lot 3) requires a private road of 26 feet in width, with 20 feet of paving. Please revise the drawing to meet this requirement and clarify how Lot 2 will be served by this road. Once the above changes have been made, please submit two copies of the revised lot line adjustment to me for review. If you have any questions regarding your application or the changes requested above, please contact me at(425) 430-7270. Sincerely, Z(V� Lesley Nishihira Assistant Planner IJEVELOPMENT CITY OF RENTON JNNV 1 o iy9 RECEIVED CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: January 18, 1999 TO: Leslie Nishihira FROM: Sonja J. Fesser SUBJECT: Renton Court Lot Line Adjustment,LUA-98-181-LLA Format and Legal Description Review Bob Mac Onie and I have reviewed the above referenced lot line adjustment submittal and have the following comments: Comments for the Applicant: Note the City of Renton land use action number(LUA-98-181-LLA) and the city's land record number (LND-30-0179)on the drawing. Both of these numbers are different from what is currently shown on sheet 1 of 3. Note the square feet of the existing houses. Note that the property to the north of the subject property is unplatted. Will the 40 feet wide private access easement over proposed Lot 3 (recorded under King County Rec. No. 5130776)be released or altered in some manner to allow for an adequate building site over said lot? The private easement for access and utilities, as proposed in the earlier lot line adjustment recorded under King County Rec. No. 9810149001, does not exist until such time as one or more of the lots are conveyed to another. Therefore,remove the word"Existing" from the reference to the easement and replace it with"Area for private "on Sheet 3 of 3. The legal description noted on sheet 1 of 3 for Parcel B (before conveyance)describes what the property boundary line was before the recent lot line adjustment(LUA-98-087-LLA). Therefore,the legal cannot say that it is also known as Lot 1 of said lot line adjustment, because the lot created via the LLA is not 80 feet in width, but only 67+ feet in width. The legal description for Parcel C (before conveyance) appears to use two bases of bearing. The bearing for the north line of the SW'/a (N 89° 24' 22"E)cannot be said to be parallel with a line 152 feet±to the south,the bearing of which is N 88°02'26"W. In addition,the legal description notes that Parcel C is also known as Lot 1 of the above referenced lot line adjustment(LUA-98-087-LLA). It is actually a flawed description(per the first 2 sentences of this paragraph) of Lot 2 of said LLA. \\TS SERVEMSYS2\COMMON\H:\FILE.SYS\LND130\0179\RV990108.DOC • January 8, 1999 Page 2 One further comment about the legal descriptions for Parcels B and C, as presented:they overlap by 12+ feet. The City of Renton no longer requires legal descriptions for the new lot configurations. Therefore, we did not review the"Legal Descriptions After Conveyance"block on Sheet 1 of 3. The address for Lot 3 is 4126 NE 14th Place. Note the address in the space provided on Sheet 3 of 3. Note what is set at the new corners of the proposed lots. The"Legend"indicates what was set for the previous lot line adjustment(LUA-98-087-LLA). Note discrepancies between bearings and distances of record and those measured or calculated, if any. Note that if there are restrictive covenants, agreements or easements to others as part of this subdivision,they can be recorded concurrently with the lot line adjustment. The lot line adjustment drawing and the associated document(s) are to be given to the City Clerk's office as a package. The lot line adjustment shall have the first recording number. The recording number(s) for the associate document(s) should be referenced on the lot line adjustment drawing in the appropriate location(s). • Comments for the Project Manager: The 40 feet wide access easement(recorded under King County Rec. No. 5130776) appears to be an obstacle to an adequate building site. How is the applicant resolving this issue? Fee Review Comments: Lots within or affected by the lot line adjustment are subject to the city's special charges, if applicable. li S. 010 City of Renton Department of Planning/Building/Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEEP REVIEWING DEPARTMENT: Re,V;,,ems COMMENTS DUE: JANUARY 12, 1999 APPLICATION NO: LUA-98-181,LLA DATE CIRCULATED: DECEMBER 29 c 1 er),. APPLICANT: Bel mont Homes, Inc. PROJECT MANAGER: Lesley Nishih[a 1 �NTOH PROJECT TITLE: Renton Court Lot Line Adjustment WORK ORDER NO: 78469 44 , _ LOCATION: 4114 and 4120 NE 14th Place ''v� '` 98 SITE AREA: 34,647 sq.ft. I BUILDING AREA(gross): N/A V SUMMARY OF PROPOSAL: The applicant is requesting a lot line revision between three adjacent lots under the same ownersh ). The boundary adjustment will create better lot design and allow the development of Lot#3. A. ENVIRONMENTAL IMPACT(e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Informatih Impacts Impacts Necessary Impacts Impacts Necessar Earth Housing Air Aesthetics Water Light/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELATED COMMENTS II C. CODE-RELATED COMMENTS till I i1tes availahle -TO cJJJ f(oDose4/ ,aYeels . NO (JfIl,ly ex) 57V w / 4 rV f� 5 r3l ✓'egolvt°t We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or a, 3s where additional information is needed to properly assess this proposal. e/j 414- /Z/0qA1 Signature of Director or Authorized Representative Date DEVAPP.DOC Rev.' 93 .440 City of Renton Department of Planning/Building/Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: FwV'G Freue.4,.hc-v1 COMMENTS DUE: JANUARY 12, 1999 APPLICATION NO: LUA-98-181,LLA DATE CIRCULATED: DECEMBER 29, 1998 APPLICANT: Bel mont Homes, Inc. PROJECT MANAGER: Lesley Nishihira PROJECT TITLE: Renton Court Lot Line Adjustment WORK ORDER NO: 78469 LOCATION: 4114 and 4120 NE 14th Place 9 1998 _ SITE AREA: 34,647 sq.ft. I BUILDING AREA(gross): N/A tl SUMMARY OF PROPOSAL: The applicant is requesting a lot line revision between three adjacent lots under t e same ownership. The boundary adjustment will create better lot design and allow the development of Lot#3. A. ENVIRONMENTAL IMPACT(e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Informatl i Impacts Impacts Necessary Impacts Impacts Necessar Earth Housing Air Aesthetics Water Light/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet ILIA' B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS , /J We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or f 3as where additional inf nnation is needed to property a this proposal. a K 'ti' /7 )70. Signature of D tor or Authorized Representative / Date DEVAPP.DOC Rev. )193 CITY RENTON Planning/Building/Public Works Department Gregg Zimmerman P.E.,Administrator Jesse Tanner,Mayor MOM December 29, 1998 Mr. Robert Wenzl Belmonth Homes, Inc. PO Box 2401 Kirkland, WA 98083-2401 SUBJECT: Renton Court Lot Line Adjustment Project No. LUA-98-181,LLA Dear Mr. Wenzl: The Development Planning Section of the City of Renton has formally accepted the above referenced application for review. Following our review, you will be notified: (1) that additional information/corrections are required to continue processing your application; or (2) that the lot line adjustment appears ready for approval and the mylar is being requested. Please contact me, at (425) 430-7270, if you have any questions. Sincerely, /14,s-1) Lesley Nishihira Project Manager ALLYILIK.UVI. ' 1055 South Grady Way - Renton, Washington 98055 as_ . „0, , .. tia .. . , . . . .. .. .. . ,,,.... ;..:.,, CITY OF RENTON _..... DEVELOPMENT SERVICES DIVISION MASTER APPLICATION PROPERTY OWNER(S) PROJECT INFORMATION Note: If there is more than one legal owner, please attach an additional notarized Master Application for each owner. PROJECT OR DEVELOPMENT NAME: NAME: Belmont Homes, Inc. Renton Court PROPERTY/PROJECT ADDRESS(S)/LOCATION: ADDRESS: PO Box 2401 4114, 4120 NE 14th Place Renton, WA CITY: ZIP: KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): Kirkland 98083-2401 032305-9101, 032305-9205 032305-9141 TELEPHONE NUMBER: EXISTING LAND USE(S): 425-821-2716 Townhomes, 1 Vacant Lot APPLICANT (if other than owner) PROPOSED LAND USES: NAME: Townhomes COMPANY(if applicable): EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: R-10 ADDRESS: PROPOSED COMPREHENSIVE PC "C` P DESIGNATION (if applicable): c77YA',,F N CITY: ZIP: EXISTING ZONING: Der, O�Rtt`A<q . R-10 /Q n/N�rON`/Nc TELEPHONE NUMBER: �C �Jva PROPOSED ZONING (if applicable): /�� O CONTACTPERSON SITE AREA (SQ. FT. OR ACREAGE): NAME: Robert P. Wenzl 34,647 Sf COMPANY(if applicable): PROJECT VALUE: Belmont Homes, Inc. 4 ADDRESS: IS THE SITE LOCATED IN THE AQUIFER PROTECTION AREA? PO Box 2401 0V CITY: ZIP: Kirkland, WA 98083-2401 IS THE SITE LOCATED IN ANY OTHER TYPE OF ENVIRONMENT ALLY SENSITIVE AREA? TELEPHONE NUMBER: 206-714-6707 No y L'EGAL`DESC N OF PROPERTY tAttach a sheet if necessar I See Attached TYPE OF APPLICATION '& FEES Check all application';types that apply--City 1. taff will determine fees ANNEXATION $ SUBDIVISION: • — COMP. PLAN AMENDMENT $ — / _ REZONE $ ✓ LOT LINE ADJUSTMENT $4,D, -- SPECIAL PERMIT $ _ — SHORT PLAT $ —TEMPORARY PERMIT $ _TENTATIVE PLAT $ — CONDITIONAL USE PERMIT $ _ PRELIMINARY PLAT $ — SITE PLAN APPROVAL $ _ FINAL PLAT $ _ GRADE & FILL PERMIT $ (NO. CU. YDS: ) PLANNED UNIT DEVELOPMENT: $ _ VARIANCE $ (FROM SECTION: ) _ PRELIMINARY _WAIVER $ _ FINAL _ WETLAND PERMIT $ ROUTINE VEGETATION — MOBILE HOME PARKS: $ MANAGEMENT PERMIT $ _ BINDING SITE PLAN $ SHORELINE REVIEWS: _ SUBSTANTIAL DEVELOPMENT $ _ CONDITIONAL USE $ _ VARIANCE $ _ EXEMPTION $No Charce _ ENVIRONMENTAL REVIEW $ _ REVISION $ �'= �.7 N AFFIDAVIT OF OWNERSHIP ' "�-.4'1 �1 g�'°'R ,� f tii I, (Print Name) Rnhert Wen 91/ Beaeci tnat Ie Check one)X the owner of the proper A../.t,:l. • `1t... -i• 1,.•..� 4 Iri the authorized representative to act for the property er(please attach proof of authorization), and that the .1...ioTA! ..t sgya(+ • ;rs herein contained and the' rm ion here • h sub ' ed are in all,r6spects true and correct to the best of my knot . .e nd b I':v4 ATTEST: Subscribed and sworn to be `1,` e(ifa r: "•1'�blic, in and ont Homejor the State of WA residing at (Name er eprese tativ Kirkland , on the 1 2 day of December3 9 (Signature of Owner/Representative) c, -0. 6e.),•� � ( gnature of Notary Public) (T is section to be completed by...City Staff ) City File>Number UMI A . AAD BSP :CAPS CAP-U CPA CU A CU H :I_CF LL MHP FPUD `FP PP:R; RVMP. SAA SA H >SHPL-A SHPL H SP SM .SME, TP V A y.B V H W TOTAL•FEES $ 4 TOTAL POSTAGE PROVIDED $ MASTERAP.DOC REVISED 8/97 I LEGAL DESCRIPTIONS do PARCEL DESIGNATIONS TAKEN FROM SCHEDULE A OF TITLE REPORT ISSUED BY CHICAGO TITLE INSURANCE COMPANY, ORDER NO. 537795. DATED NOVEMBER 30. 1998 AT 8:00 A.M. PARCEL A: HE SOUTH 40 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THAT PORTION OF THE SOUTHWEST QUARTER OF.THE SOUTHWEST QUARTER OF SECTION 3,.•TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON. DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SUBDIVISION; THENCE NORTH 89'24'22" EAST ALONG THE NORTH LINE THEREOF. 372.37 FEET; THENCE SOUTH 1'10'21" EAST 534.00 FEET; THENCE SOUTH 8924'22" WEST PARALLEL WITH THE NORTH LINE OF SAID SUBDIVISIO 240.37 FEET, MORE OR LESS. TO A POINT 100 FEET EAST OF 132ND AVENUE SOUTHEAST AND THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION: THENCE NORTH 1'23'12" WEST ALONG. A LINE 100 FEET EAST OF.AND PARALLEL TO SAID 132ND AVENUE SOUTHEAST, 152.00 FEET; THENCE NORTH 8924'22" EAST PARALLEL TO THE NORTH LINE OF SAID SUBDIVISION, 80 FEET; THENCE SOUTH 1'23'12" EAST PARALLEL TO THE EAST LINE OF 132ND AVENUE • SOUTHEAST 152.00 FEET; THENCE SOUTH 89'24'22" WEST 80 FEET TO THE TRUE POINT OF BEGINNING. PARCEL B: THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, • WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SUBDIVISION; THENCE NORTH 89'24'22" EAST ALONG THE NORTH LINE THEREOF. 372.37 FEET; THENCE SOUTH 110'21" EAST 534.00 FEET: THENCE SOUTH 89'24'22" WEST PARALLEL WITH THE NORTH LINE OF SAID SUBDIVISION 160.37 FEET. MORE OR LESS, TO A POINT 180 FEET EAST OF 132ND AVENUE SOUTHEAST AND THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION: THENCE NORTH 1'23'12" WEST ALONG A LINE 180 FEET EAST OF AND PARALLEL TO SAID 132ND AVENUE SOUTHEAST, 152 FEET; THENCE NORTH 89'24'22" EAST PARALLEL TO THE NORTH LINE OF SAID SUBDIVISION, 80 FEET; THENCE SOUTH 1'23'12" EAST PARALLEL TO THE EAST LINE OF 132ND AVENUE SOUTHEAST 152 FEET; THENCE SOUTH 89'24'22" WEST 80 FEET TO THE TRUE POINT OF BEGINNING. (ALSO KNOWN AS LOT 1, CITY OF RENTON LOT LINE ADJUSTMENT NO LUA98-087, RECORDED UNDER RECORDING NUMBER 9510149001 ) . - - - I PARCEL C: W I THAT PORTION THE SOU OF THE SOUTHWEST QUARTER U RTROFECTION 3, TOWNSHIP 23 NORTH, EAST, 7yLLAMETTE M WASHINGTON, DESCRIBED AS FOLLOWS: 2" ALONG THE SAIDDTH LINE TH7=RE9F• .372 37 FEET; BEGINNING N A? THE N '22" EASTST CORNER HO N SUBDIVISION; UN T TRUE HERE 'OF 72.37 . . ti THENCE MOUTH 89'24'2 THENCE SOUTH 1'10'21" EAST T, AR FEET TO THENCE NORTH 8 8'02'26» ,WEST, PARALLEL WITH THE NORTH LINE OF SAID S UBDIVISION N 93.01 FEET; : E NORTH 01'11'36" EAST, PARALLEL W►TH THE EAST LINE OF SAID 8DIV(SUDIV SION N THENC, T THE NORTH UN 151.99 FEET; THENCE .SOUTH 88'02 26" EAST PARALLEL WITH 93.01:FEET THENCE SOUTH 01'11'39" EAST 151.99 FEET TO THE TRUE POINT OF BE UA ING. , LIN (ALSO KNOWN AS LOT CO1, CITYRDING NUMBERTON L9810o 9001E) ADJUSTMENT RECORDED UNDER RE PARCELS A. 8 AND C ALSO TOGETHER WITH AN EASE MENT:FOR ROBS OVER AND SOUTH 40 FEET OF THE FOLLOWING DESCRIBED PROPERTY: SECTION UPON THE . THAT OF THE SOUTHWEST QUARTER .OF THE SOUTHWEST QUARTER H RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, 3„TOWNSHIP 23 NORTH, WASHIN'GTON.,DESCRIBED AS FOLLOWS: NORTHWEST CORNER OF SAID SUBDIVISION, BEENCE. N.AT THEN 2 " EAST ALONG THE NORTH TNE.DETPE E OF 72.37 FEET;THENCE NORTH 89'24.22 1 THENCE SOUTH.1'10'21' EAST 382.OD FEET:TO TH THENCE SOUTH 1'10'21" EAST 152.00 OF 132ND AVENUE TH .24122E WEST 2ARALLEL WITH RLY?MARGINTH LINE OF SAID SUBDIVISION THENCE SOUTH TO THE •EASTE 34f�:37 .FEE�. MORE OR LESS. SOUTHEAST;• WITH THE NORTH0 EiNE OF SAID SUBDIVtS10N THENCE N ORTH 1123112E WEST ALONG SAID MARGIN 152.00 FEET; THENCE NORTH 89'24`22 EAST PARALLEL TO THE TRUE POINT !OF BEGINNING. EXCEPT ANY PORTION THEREOF LYING WITHIN THE ABOVE DESCRIBED .MAIN"TRACTS'. I 1 I Aelmont Homes, Inc. December 11, 1998 City of Renton Development services Division 200 Mill Avenue South Renton, WA 98055 Re: Lot Line Revision To whom it may concern; The project consists of 3 individual tax lots currently located at 4114 and 4120 NE 14th Place. Two of the three parcels currently have townhomes built on the property. I am requesting the lot line adjustment to enhance the location of the third building and meet the city of Renton's density requirements for this area. The new lot lines will accentuate the homes on these lots and provide for the necessary fire access required by the fire department. The land is currently zoned R-10 and would develop nicely into 3 uniformly configured lots. I believe that this lot line adjustment will benefit the neighborhood and provide quality homes for the residences of the City of Renton. Respectfully u s, R rt Pgr, resident P.O. Box 2401, Kirkland, WA 98083-240I 206/823-4713 4 **************************************************************** City of Renton WA Reprinted: 12/18/98 11:52 Receipt **************************************************************** Receipt Number: R9807377 Amount: 450.00 12/18/98 11:52 Payment Method: CHECK Notation: #1959 BELMONT Init: LMN Project #: LUA98-181 Type: LUA Land Use Actions Parcel No: 032305-9205 Site Address: 4114 NE 14TH PL Total Fees: 450.00 This Payment 450.00 Total ALL Pmts: 450.00 Balance: .00 **************************************************************** Account Code Description Amount 000.345.81.00.0012 Lot Line Adjustment 450.00 1 DEVELOPMENT SERVICES DIVISION WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS LAND USE PERMIT SUBMITTAL WAIVED MODIFIED COMMENTS: REQUIREMENTS: BY: BY: Calculations, Survey, Drainage Control Plan 2 &rrn!' Drainage Report 2 l4/ Elevations, Architectural3ANo a Elevations, Grading 2 Existing Covenants (Recorded Copy)4 >:. Existing Easements (Recorded Copy) 4 Flood Plain Map, if applicable4 Floor Plans 3 AND 4 Geotechnical Report 2AND3 Grading Plan, Conceptual 2 Grading Plan, Detailed 2 King County Assessor's Map Indicating Site 4 Landscaping.Plan, Conceptual4 Legal Description 4 List of Surrounding Property Owners 4 Mailing Labels for Property Owners 4 Map of Existing Site Conditions 4 Master Application Form 4 Monument Cards (one per monument) , Parking, Lot Coverage & Landscaping Analysis 4 Plan Reductions (PMTs) 4 Postage 4 Public Works Approval Letter2 Title Report or Plat Certificate 4 Topography Map (5' contours)3 Traffic Study 2 Tree CuttingNegetation Clearing Plan 4 Utilities Plan, Generalized 2 1, Wetlands Delineation Map4 a Wetlands Planting Plan 4 , Wetlands Study,: /�, This requirement may be waived by: V� 1 Property Services Section PROJECT NAME: R T0N 2 Public Works Plan Review Section `� Building Section DATE: 1?-1 1 tG�/4g 4 Development Planning Section