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HomeMy WebLinkAboutSP1916 - SPL Letters / Memos - 10/19/1989 SS # DECLARATION OF SHORT SUBDIVISION KNOW ALL MEN BY THESE PRESENTS: That we the undersigned having a real interest in the tract of land described by this declaration do hereby declare the herein described division of land approved as Short Subdivision Number SS- /4/G on the /9Z% day of 1}39 , by the Planning Department, subject to the fol owing conditions: 1. That the land described by this declaration may not be further divided in any manner by anyone within five (5) years of the above date of approval without a final plat having been filed for record with the Auditor of Mason County, pursuant to the provisions of Chapter 58. 17 RCW, and the regulations of the Platting and Subdivision Ordinance and subject to penalties attendant thereto. 2. That all maintenance of any private road described by this declaration shall be by the owners of the parcels having legal access thereof their heirs, assigns, or successors. 3. That the legal description of the land herein subdivided into not more than four (4) parcels is attached hereto and incorporated by reference as though fully set out herein. . 4. That additional covenants, 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 out herein. 5. We, the undersigned hereby waive all claims for damages against any governmental authority which may be occasioned to the adjacent land by the established construction, drainage, and maintenance of said road or driveway. WILLIAM C. BOEHM and 6. I(We) , PAMELA D. BOEHM owner( s) of the real estate described within, freely consent and it is my our) desire to short subdivide this property. I (We) do not own any adjoining land under the same Mason County Tax Identification Number which is not included in said short subdivision. I(We) understand that if this statement is found to be false, as to the ownership, the matter will be referred to the Prosecuting Attorney for legal action. Da e Approved —/ Director of General Services -1- 1/88 . _ S-1 DATED this 1- � day of -Jo yr 19 89 Grantor WILL AM d. BOEHP /-Z Grantor PAMELA D. BOEHM Grantor Grantor Grantor Grantor STATE OF WASHINTON ) ss. COUNTY OF MASON' ) On this day personally appeared before me WILLIAM C. BOEHM and PAMELA D. BOEHM to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged that they signed the sane as their free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this j day of •� ,�� , 1989. Commission expires: 3 - i9 y3 NOTARY PUBLIC in and for the State of Washington residing at STATE OF WASHINGTON ) ss. COUNTY OF MASON ) 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 acknowledge 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 day of , 19 Date Approved /O/9—g y' NOTARY PUBLIC in and for the State of Washington residing at 1224 VVt,<i Di pector of Gener 1 Services -2- 1/88 EXHIBIT "A" The southwesterly 100 feet of the following described property: A tract of land in Government Lots 1 and 2, Section 8, Township 20 North, Range 5 West, W.M. , in Mason County, Washington, particularly described as follows: BEGINNING at a point on the Northerly margin of the County Road right-of-way, that lies 1566. 94 feet South and 1189.31 feet West of the corner to fractional Sections 8 and 9, Township 20 North, Range 5 West, W.M. , in Mason County, Washington, on the shore of Lake Nahwatzel, thence South 49 degrees 32" West along the Northerly edge of County Road 200 feet; thence North 40 degrees 28" West 230 feet, more or less to the South shore of Lake Nahwatzel; thence Northeasterly along the South shore of Lake Nahwatzel to a point bearing North 40 degrees 28" West of the POINT OF BEGINNING; thence South 40 degrees 28" East 230 feet more or less, to the POINT OF BEGINNING; EXCEPTING THEREFROM road rights-of-way. SUBJECT TO any prohibition or limitation on the use, occupancy or improvements of the land resulting from the rights of the public or riparian owners to use any waters which may cover the land or to use any portion of the land which is now or may formerly have been covered by water, and the right of use, control or regulation by the United States of America in exercise of power over navigation. ALSO SUBJECT TO a reservation by Seller to take and use water for domestic purposes from a well located on the above-described property. The specifics of said reservation are set forth in a Well Agreement bearing even date and being recorded simultaneously. ALSO SUBJECT TO a reservation by Seller to mutually use a septic tank located upon the above-described property. The specifics of said reservation are set forth in a Septic Tank Agreement bearing even date and being recorded simultaneously. ALSO SUBJECT TO declaration of covenant regarding the well. 500395 DECLARATION OF COVENANT Know all men by these presents that I (we) the undersigned, owners) in fee simple of the land described herein, hereby declare this covenant and place some on record. I (we), the grantor(s) herein, am (are) the owner(s) in fee simple of (an interest in) the following described real estate situated in__Mason............. County, State of Washington, to wit: ..-SEE._EXHRIT.....A"_ HERETO_ ATTACHED• AND-_MADE A-•PART -HEREOF. ---------------------------------------------------------------------------------------------------------------------- ---------------------- --------------------------------------------------------------------------------..............................------ on which the grantor(s)owns and operates a well and waterworks supply- -in water tEXHIBIpublic I B�"HERETO APWeHT6'Ah6' 9A rR- PART HEREOF. ---- ----------------------------•----•--•------------------------------------------------------------------------- ----------------------------------------------•----------------------------------------------------------------------- and grantor(s) is (are) required to keep the water supplied from said well free from impurities which might be injurious to the public health. It is the purpose of these grants and covenants to prevent certain practices hereinafter enumerated in the use of said grantor(s) land which might contaminate said water supply. NOW, THEREFORE, the grantor(s) agree(s) and covenant(s) that said grantor(s),•his (her) (their) heirs, successors and assigns will not construct, maintain, or suffer to be constructed or maintained upon the said land of the grantor(s) and within 100 (......._-------) feet of the well herein described, so long as the same is operated to furnish water for public consumption, any potential source of contamination, such as cesspools, sewers, privies, septic tanks, drainfields, manure piles, garbage of any kind or description, barns, chicken houses, rabbit hutches, pigpens, or other enclosures or structures for the keeping or maintenance of fowls or animals, or storage of liquid or dry chemicals, herbicides, or insecti- cides. These covenants shall run with the land and shall be binding on all parties having or acquiring any right, title, or interest in the land described herein or any part thereof, and shall inure to the benefit of each owner thereof. WITNESS................hand...-._ this_. .. _ .day of 191/__ AFFIDAVIT; .....(Seal) W REAL .-_(Seal) EXCISE TAX Grantor(s) EXEMPT State of Washington ss OCT 2 3 1989 County of.---`-`t4il............................I I, the unde(signed, a Notary Public in andfor the obpve_amed Co_ynty DORENE RAF, and State, do hereby certify that on this.._.. day of_..SS.�p�..�..__._..I I9AU., Treas., Meson Courlgr personally appeared before me.....W1_lliam Q .____Mhm__an_41......... -------Pamela--)-•-..3o_ehm----------------------------- ------------------•---------------------- to me known to be the individual_.... described in and who executed the within instrument, and acknowledge that he (they) signed and sealed the some as................free and voluntary act and deed, for the uses and �"'•> �` ur ores therein mentioned. GIVEN under my hand and official se I the day and year last above written. �(�tQ (Notary Public in and for thet ate Washington, n residing at.__� �h 1`API-----------------� -`'7 ...... ? 1 i V'- EXHIBIT "A" A tract of land in Government Lots 1 and 2, Section 8, Township 20 North, Range 5 West, W.M. , in Mason County, Washington, particularly described as follows: BEGINNING at a point on the Northerly margin of the County Road right- of-way, that lies 1566.94 feet South and 1189.31 feet West of the corner to fractional Sections 8 and 9, Township 20 North, Range 5 West, W.M. , in Mason County, Washington, on the shore of Lake Nahwatzel , thence South 49' 32" West along the Northerly edge of County Road 200 feet; thence North 40' 28" West 230 feet, more or less to the South shore of Lake Nahwatzel ; thence Northeasterly along the South shore of Lake Nahwatzel to a point bearing North 40' 28" West of the POINT OF BEGINNING; thence South 40' 28" East 230 feet more or less, to the POINT OF BEGINNING; EXCEPTING THEREFROM road rights-of-way. 1031 EXHIBIT "B" The Northeasterly 100 feet (as measured along the Southeasterly line) of the following described property: A tract of land in Government Lots 1 and 2, Section 8, Township 20 North, Range 5 West, W.M. , in Mason County, Washington, particularly described as follows: BEGINNING at a point on the Northerly margin of the County Road right- of-way, that lies 1566.94 feet South and 1189.31 feet West of the corner to fractional Sections 8 and 9, Township 20 North, Range 5 West, W.M. , in Mason County, Washington, on the shore of Lake Nahwatzel , thence South 49' 32" West along the Northerly edge of County Road 200 feet; thence North 400 28" West 230 feet, more or less to the South shore of Lake Nahwatzel ; thence Northeasterly along the South shore of Lake Nahwatzel to a point bearing North 40' 28" West of the POINT OF BEGINNING; thence South 400 28" East 230 feet more or less, to the POINT OF BEGINNING; EXCEPTING THEREFROM road rights-of-way. J UU L3 P I : 18 R OUEST OF MASON COUNTY DEPARTMENT of GENERAL SERVICES Mason County Bldg. 111 426 W. Cedar P.O. Box 186 Shelton, Washington 98584 (206) 427-9670 building environmental health fire marshal[ parks & recreation fair/convention center planning December 11, 1990 ot, 6 William Boehm 115 S. E. Westside Dr. Chehalis, Wa. 98532 5ao�8( - ► 3 - L) [ Cp Dear Mr. Boehm; clDr I �� Planning staff conducted a site inspection, as per your request, on your lot at W. 13310 Shel ` k Road, Range 5W, Township 20N, Section 8 adjacent to Lake Nahwatzel. Please find enclosed a sketch of the site. Three stakes were placed along the common line formed along the line between adjacent residences. This line joins the furthest points of those residences in relation to the shoreline which are over 30 inches in height. The deck on the residence to the east was not considered while the one to the west was. The three stakes are 57 feet back from the Ordinary High Water (OHWM ) ( west side) , 64 feet back from the top step, and 78 feet back from OHWM ( east side) . It was difficult to determine the exact location of the property lines, but the line would exist in the same location regardless. When submitting plans for a residence, you must build behind this line. This line would not apply for a deck constructed in front of your house which is below 30 inches in height. A copy of this letter and sketch will be kept in your file. Thank you for the opportunity to assist you in the location of your future residence. If you have any questions regarding this determination I would be happy to speak with you. Sincerely, Don Brush, Planner Mason County General Services To PS�P f � ' 1 1 I , 79 � s p4z-� Po LG PRu pc -y 24 f l- T es (off I�07AL aM To