HomeMy WebLinkAboutShort Plat 1532 - SPL Letters / Memos - 8/30/1982 Office Of The
PROSECUTING ATTORNEY Byron E. McClanahan
Of Mason County,Washington August 23 , 1982 Prosecuting Attorney
RE"IVED
AUG 3 0 1982
TO: KEN STEVENS 11A^S0N�ouN�r
Planning Director MEALroq cwpAnr,,, r
FROM: PROSECUTOR' S OFFICE
RE : Kathleen West Hicks Short Plat
Since the property in question has never been properly platted
and hence, not segregated, Mr . McKelvey has an undivided
interest and is a tenant-in-common.
The Mason County Credit Union can execute on a tenant-in-
common' s undivided interest to the extent of that interest .
Although there are no Washington cases on point , the general
rule is that the Sheriff can divide an undivided property
and only sell a portion to satisfy a debt . Further , our
statute, RCW 6. 04. 110 provides that where the property
being executed on is owned jointly or in common, execution
may be levied on the defendant ' s interest only. It would
follow, therefore , that a Sheriff' s deed could issue for
the McKelvey' s interest and that portion only segregated
out.
We can however, require that the short plat be completed
prior to any subsequent sale of the property from the
purchaser at the Sheriff' s Sale and also prior to any permit
being issued under Mason County Code 16 . 44. 040. We also
have the power to prosecute a refusal to comply as a
misdemeanor (RCW 70. 05 . 120) .
BYRON E . McCLANAHAN
:BY
L. FRANK JOHN ON
Deputy Prosecuting Attorney
BEM/LFJ/b
CC : Glen Guyton, MCSO
Gayer C. Dominick, Attorney
Mason County Health Dept.
Mason County Assessor
310 Birch #1 • Shelton, Washington 98584 • Phone'(206)426-6223
a
3 Z'z ~G3
STANLEY J. KRAUSE
ATTORNEY AT LAW
403 BECJCER BUILDING
ABERDEEN. WASHINGTON 98520
TELEPHONE (206) 532-3141
September 7 , 1982 ,
O
Mason Regional Planning Council SEP 8
Post Office Box 186 •
Shelton, Washington 98584
REGIONAL PLANNING
Attention: Ken Stevens
Re: Kathleen [hest Hicks Short Plat
Dear _Mr. Stevens ;
Mrs . Hicks and I received a copy of your letter to
L. Frank Johnson dated August 31 1982 involving a short
g ► g
Plat.
I am enclosing a copy of a Warranty Deed to Sherm W.
McKelvey and his wife which deed is the result of a settlement
of litigation between the McKelveys and Mrs. Hicks. You will
note that the last paragraph of the Deed places the responsibility
in the McKelveys in connection with the platting and recording
of the Deed.
The Casa de Canal Restaurant was upon the property involved
and McKelvey planned on developing a water system, septic tanks
and drain fields. For this purpose, Mrs. Hicks granted the
McKelveys easements for the purpose of accomplishing their
purpose. It should be noted that Mrs. Hicks had no particular
interest in the future operation of the restaurant, • and the
responsibility in connection with the water system etc. was
placed upon the McKelveys.
I understand that the planning council refusal to accept
the short plat is the result of the failure on the part of the
McKelveys to build a water system in accordance with county
standards Mrs. Hicks , as you will see by the Deed, has done
everything which has been required of her in connection with the
water system. She has no interest in the continued operation of
the restaurant. She should not be punished if the restaurant
operators do not comply with county standards in connection with
the operation of their business.
Very truly yours ,
STANLEY J. K SE
SJK/kr
Enclosures
' CC: L. Frank Johnson
L
1
s SAFECO TITLE INSURANCE COMPANY
SAMCO
J THIS SPACE RESERVED FOR RECORDER'S USE
Filed for Record at Request of
NAME Sherm W. McKelvey
ADDRESSSt. Rtr #1 , BOX 240
CITY AND STATE Union, Wa. 98592
WARRANTY
FULFILLMENT
DEED
THEGRANTOR KATHLEEN WEST HICKS, a widow
for and inconsideration of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATIONS
in hand paid,conveys and warrants to SHERM W. MCKELVEY and MARY B. McKELVEY, husband and
wife
the following described real estate, situated in the County of Mason State of
Washington: AS SETFORTH IN ATTACHED EXHIBIT
deed is given in fulfillment of that certain real estate contract between the parties hereto, datePeCember �.r
19 , and conditioned for the conveyance of the above described property, and the covenants of warranty herein con-
tained shall not apply to any title, interest or encumbrance arising by, through or under the purchaser in said contract, and
shall not apply to any taxes, assessments or other charges levied, assessed or becoming due subsequent to the date of said
contract.
Dated November 10 , 1 fs 0
(Individual)
By
(Individual) (President)
By
(Secretary)
STATE OF WASHINGTON STATE OF WASHINGTON 1
COUNTY OFGrays, Harbor ss' COUNTY OF
On this day personally appeared before me On this day of
Kathleen West Hicks 19_, before me,the undersigned, a Notary Public in and
for the State of Washington, duly commissioned and sworn,
to me known to be the individual described in and who personally appeared
executed the within and foregoing instrument, and acknowl-
edged that she and ,
signed the same as her to me known to be the President
free and voluntary act and deed, for the uses and purposes and Secretary, respectively, of
therein mentioned.
GIVEN under my hand and official seal this 10th
the corporation that executed the foregoing instrument, and
acknowledged the said instrument to be the free and volun-
day of November 150 tary act and deed of said corporation,for the uses and pur-
poses therein mentioned, and on oath stated that
authorized to execute the said
instrument and that the seal affixed is the corporate seal of
Notary Public in and or State of Washing on, residing said corporation.
,LAberdeen, Washington
Witness my hand and official seal hereto affixed the day and
year first above written.
Notary Public in and for the State of Washington, residing
at
There is a septic tank and drain field to the west of
the restaurant building which serves improvements made and to
be rude on the Hicks property. A reservation is made and
an easement is granted to Kathleen west Flicks , her heirs ,
assigns and successors which will run with her property to
use, maintain and repair the same.
An existing water system serves both improvements on the
Hicks property and the restaurant property which is being
purchased by the McKelveys, Hicks reserves and the McKelveys
grant an easement for and to Kathleen West Flicks , her heirs,
assigns and successors to build, use , maintain and repair
the water system and to tie into and connect into the portion
of the present water system being conveyed to the McKelveys
and to tie into and connect into water system to be built by
the
McKelveys and their successors for the purpose of serving
present and future improvements on the property of Hicks,
her heirs , assigns and successors as to property both north
and south of State Route No. 106 . The McKelveys their heirs,
successors, and assigns will make a reasonable effort to
provide adequate water to serve said present and futures
improvements. However, if water does not remain for the
reasonable uses by the McKelveys their heirs , successors aid
assigns , then and in that event the amount of water to be
furnished for use by Nicks , her heirs , assigns and successors
shall be reduced in volume.
W Hicks through the real estate contract
Kathleen West g
dated December 1 , 1978 , granted the McKelveys a license to
use the docks and beach area on the Tlicks property. The
parties , through a reduction of the purchase price , have
each released the other from any responsibility or liability
of any nature whatsoever in connection with the docks and
beach area.
The McKelveys and their successors are to maintain the
bank immediately to the south of the property being_ sold and
shall keep dirt from sliding from the Hicks nrooerty or on
to the McKelveys property.
In connection with reservations and easements all _
building , construction , maintenance and re-nair sllaall be
done in a good workmanlike manner sc as riot to cause
unnecessary damage or disturbance as to any property herein
and all o` said water systems , drain fields and -,eptic tanks
shall be maintained in such a manner so as not to disturb
or damage adjoining properties.
Each of the parties to this Deed ',ave made certain
clai-ns against the other in connection with -the real estate
contract an, the short platting of the property involved.
The McKelveys , through the reduction in the purchase price
and other agreements , shall have the responsibility in
connection with the platting and the recor. iinq of this
deed and through the payment of $31 , 000 . 0-) each releases
the other from any damages suffered here+ -)`r-r in connection
with the sale of the property involves? . 9:-%,=giver ,, responsibility
and liability in connection with the rem--rvations , easements
and rights setforth in this deed in the suture are not
releases'_ or chanced.
Commencinq at the intersection of the South line
of SR106 and the Fast line of Government Lot 3 ,
Section 35 , Township 22 North, Range 3 West , W.M. ;
thence South 66 degs . 53 ' 21 " test 167 . 34 .feet along .
the said South line of S.11106 to the True Point of
Beginning of this described tract:
thence South 80 degs . 11155" East 68 . 42 feet;
thence South 38 degs. 54 ' 49" West 48. 51 feet ;
thence South 11 degs . 21 ' 38" West 41. 24 feet;
thence South 67 degs . 35 ' 41" West 112 . 01 feet;
thence North 15 degs. 34 ' 35" West 93 . 36 feet , more or
less , to the said South line of SR106 ;
thence `forth 66 degs. 53 ' 21" Fast 108. 51 feet, more or
less , to said True Point of Beginning.
TOGETHER with and subject to easements , reservations
of record.
F.XCFPT puhlic roads , if any,
in Mason County , Washington.
Gubject to the Following :
The "ic!,elveys have purchased that portion of the
Tucks property described above. The reservations ,
easements and rights in connection with the sale are
as described below.
Kathleen West Hicks hereby qrants to the McKelveys
their heirs , assigns and successors the fol.lowinq ease-
ments and rights which will run with the property for the
purpose of developing a water system , septic tanks and
train fields , and for the continued use of the present
water system.
The easement for the water system includes the right
on the part of the McKelveys and their successors to dig
or drill a well on the Hicks property in the draw to the
south of the present restaurant buildinq. The easement shall
include the right to build a pump douse and to extend a
water line to the restaurant for the purpose of tying into
the present water system. The McKelveys and their successors
shall have the right to use , maintain and repair the water
system, and to continue to use the present water system ,
even though the same may cross grantor ' s property.
There presently is a septic tank and drain field for the
restaurant which extends to the east :ftnd .rest of the property
ueinq sold to the McKelveys . The .n-I their
successors shall have an easement tr, usr- , ,laintain. and
repair the same.
On the property being purchaser t::e %ic-Velveys there
presently is a drain field which serv.1 ce5 iini,rc�vements on the
dicks property to the east of the resta::rArt iriiZ.-:inq and
property being purchased t)y McKelveys . r : esetvation is
made ant'_ an easement is ,rante(I ?-)y and to F;ithleen :-Jest Hicks
and her heirs , assigns and successors to :caintain and
repair this drain field . This reservatic,r, or easement shall
run with the property.
r
M
SHERM W. McKe vey
MARY ELVEY
STATE OF WASHINGTON )
( ss.
COUNTY OF MASON )
On this day personally appeared before me Sherm W.
McKelvey to me known to be the individual described in
and who executed the within and foregoing instrument, and
acknowledged that he signed the same as his free and voluntary
act and deed , for the uses and purposes therein mentioned.
GIVEN under my and and official seal this /L�4 day of
6-, 1980.
Notary PubZ is in and for t1 e
State of Washington, residing at
v 1 LL-L4 —
STATE OF WASHINGTON )
( ss.
C,S RTY OF MASON )
On this day personally appeared before me Mary B.
McKelvey 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 t,iis /�� day of
1980.
-L---- - -
notary Pub is In at.TI, or t..e Jtite
of Washington , res -- l lnq at
• • - •I Pal • • • • <.
September 9, 1982
Stanley J. Krause
Attorney at Law
403 Becker Building
Aberdeen, Washington 98520
Dear Mr. Krause:
In reference to your letter of the 7th of September, 1982,
pertaining to the segregation of Mrs. Hicks property.
First I would like to point out that a short plat application
was never processed by the Planning Department because the
applicant could not or would not conform to the State Health
regulations. I would also point out -that "No person shall sell or
lease any land subject to the requirement of short plat approval
until a short plat has been filed. " This is Mason County Code
Title 16 Sub Title 36.031 and re-enforced by Washington State
Law.
I should not have to tell you that State law does not allow
any segregation or selling a part of a parcel of land by the prime
owner until conditions of the law are fulfilled.
Respectfully,
Ken Stevens
Planning Director
KS/bc
Enclosure (Short Plat Ordinance)
CC: Vera Elliott
Prosecuting Attorney
Environmental Health Department
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