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HomeMy WebLinkAboutTransients Living in Travel Trailer on Property - BLD Letters / Memos - 9/12/2005 MASON COUNTY Shelton (360) 427-9670 DEPARTMENT OF COMMUNITY DEVELOPMENT Belfair (360) 275-4467 Punning Elma 360 Mason County Bldg. 1411 N.5th � ) 482-5269 P.O.Box 279 Shelton,WA 98584 August 17, 2005 M-B Associates 1714 Olympic Hwy N. PO Box 1598 Shelton, WA 98584 RE: Parcel#32130-75-00160 To the owners/members of M-B Associates, I am writing to inform you of an ongoing investigation and enforcement action that is occurring on a property that M-B Associates owns, located at Tract 16 of Survey 4/74 on Jensen Road in Mason County, WA. The investigation is in reference to several complaints that were received by the Mason County Department of Community Development about activities occurring on this property, including an RV with permanent inhabitants located in the stream buffer of John's Creek, dumping of sewage from the holding tank into John's Creek, and vegetation cutting and removal in the stream buffer. A letter will be sent to you outlining the specific codes that are found to be in violation and the necessary actions to remedy these violations. Both you, as the property owner, and the taxpayer, Ken Benjamin, can be held accountable for violations on this property that are not abated in a timely manner. We hope that we can work with you to resolve these matters. Thank you for your anticipated cooperation. Sincerely, Stephanie Pawlawski Planner, Code Enforcement (360) 427-9670 ext. 602 CC: Carl G.Johnson Douglas J.Hoff Joe L. Snyder W.Jeffrey Conklin Stephen Whitehouse MASON COUNTY SAP � DEPARTMENT OF COMMUNITY DEVELOPMENT P.O.Box 279 W Q Z + PITNf V KOWT-5 Shelton,WA 98584 oC V � RECEIVES WN - 021A $ 00.27$ 0004376091 AUG19 2005 AUG 2 2005 f n�LL MAILED FROM ZIP CODE 98501 �i RE l4 � yf 1-71 q �:::1::... :::r.:l I ,illlTTlT,II{TITBIT,ITIITIIITIllTT11,11,11IIITTiITIII{IIIT11 MASON COUNTY 4. 9 "sPo� DEPARTMENT OF COMMUNITY DEVELOPMENT ca - o F P.O.Box 279 w Q Shelton,WA98584 :3 PupwivBo,%Ws WN 021A $ 00.27$ Af, �cc 0004378091 AUG 19 2005 41, C.LL MAILED FROM ZIP CODE 98501 14 fh ° f RECEIVED( - ,' r (1, 2Q05 �r MCC a;�a MASON COUNTY Shelton (360) 427-9670 DEPARTMENT OF COMMUNITY DEVELOPMENT Belfair (360) 275-4467 Planning Elma (360) 482-5269 Mason County Bldg.1411 N.5th P.O.Box 279 Shelton,WA 98584 August 18,2005 NOTICE OF MASON COUNTY CODE VIOLATION ENFORCEMENT CASE FILE NUMBER: ENF2005-00231 PARCELNUMBER: 32130-75-00160 SITE ADDRESS:Jensen Road,Tr. 16 of Survey 4/74 Taxpayer: Ken Benjamin Property Owner: M-B Associates 220 W Cota St.#259 1714 Olympic Hwy N. Shelton,WA 98584 PO Box 1598 Shelton,WA 98584 Dear Mr.Benjamin and M-B Associates, On August 8, 2005, I inspected Tract 16 of Survey 4/74 on Jensen Road in response to a complaint received by the Mason County Department of Community Development. The complaint was in reference to a recreational vehicle (RV) and other vehicles being placed within the buffer associated with John's Creek. The complaint also referenced sewage being dumped from the holding tank of the RV into John's Creek. On August 15,2005,1 inspected this site again for a separate complaint that vegetation was being cut and removed from the buffer that is associated with John's Creek. During my investigations on both dates, I observed a boat, white van, blue car, and recreational vehicle (RV) on the parcel. The white van and RV were located within the regulated buffer associated with John's Creek. The drain pipe from the RV's holding tank was placed on the ground. A trail had been cleared to the creek, with evidence of large branches being cut. The white van and RV did not appear to have been moved during the time between the two site inspections. The Mason County Development Regulations Section 1.05.006 states that "Structures which are assembled for a certain purpose or use shall be reviewed under the standards of that use, whether secured in a fixed location or on a mobile framework". Under these provisions, an RV used as structure can be regulated as a structure, even though it remains portable. The intended use of this structure has been evidenced as occupancy as a primary residence. Under the Mason County Resource section 17.01.110(G)(1)(c), new residential construction and major new development is not permitted within the FWHCA or its buffer unless approved through a permit variance or reasonable use exception. This section also states that "Appurtenant structures not needing building permits, associated with residential development and located in the FWHCA or buffer may be permitted with a Mason Environmental Permit and Habitat Management Plan. A Under Mason County Code 15.13.020, the enforcement officer may issue a civil infraction ticket of up to two hundred fifty dollars for the first violation and up to five hundred dollars for the second and subsequent violations. Second and subsequent violations refer to any violation of any provision of Section 15.03.005 within two years of the first violation. A violator is: (1) one who owns the property and knows the violation is occurring, and fails to take action to abate it; (2) one who causes the violation to occur or solicits, commissions, requests, or aids the violation; (3) one who has a virtual exclusive right to possess the land, as in a tenant, equitable title owner, or trust beneficiary, and who aids, abets, commissions, solicits, requests, or knowingly allows a violation to occur on the land; or(4) to the maximum extent allowed under Washington law, any company whose employee or employees violates any provision of Title 15. Proof in district court shall be by a preponderance of the evidence. To the extent that there is no conflict with this regulation, all such civil infractions under this regulation shall be governed by the standards and procedures set forth in Revised Code of Washington 7.80(Civil Infractions). Each day of the violation shall be considered a separate offense. (Ord. 179-02 Attach. B (part), 2002; Ord. 142- 02 Attach. B (part), 2002: Ord. 88-02 Attach. B (part), 2002: Ord. 116-01 Attach. A (part), 2001: Ord. 129-00 Attach. A § 2 (part), 2000: Res. 79-78 (part), 1998: Res. 136-96 (part), 1996). CC: Lynda Ring-Erickson T.J.Martin Carl G.Johnson Douglas J.Hoff Joe L.Snyder W.Jeffrey Conklin Stephen Whitehouse CERTIFIED M/ t - ------� .J--=-� . —•ems s,���—_ DE IT NOT DEVVERrimu U.S.PO IAGE She AS ADDR€SSED, UGI:; = 4 A z UNABLE TO FORWARD68839 z Y -w- 6 8 8 3 9 2 7001 2510 0002 6278 2622 M REQMM RE _FiVED 2005 j]D Imo- g A s s b 6� s T? s C91 h.e, w i� SECTIONTHIS . SECTIONSENDER: COMPLETE THIS ■ Complete items 1,2,and 3.Also complete FA. Signature ❑Agentitem 4 if Restricted Delivery is desired. ❑Addressee■ Print your name and address on the reverseso that we can return the card to you. eived by(printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: 1� If YES,enter delivery address below: ❑ No _K A j5 OC 1 a �-S 159 F Vic`- "O"n f W pS� 3. Service Type Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7004 2510 0002 6278 2622 (Transfer from service label) 102595-02-M-1540 PS Form 3811,February 2004 Domestic ReturnReceipt CERTIFIED MAIL I ENT -- F AUGTt!'Q5' 7004 2510 0002 6278 263! ,': ass3�,� r As.5ou a-if S E, 1� ��{ Oly��;� Hwy N • C f �,�`° __"�*_':.i_•%'} ljjl}}ijj ljj II III I } !}}!J I M!jj IIIJijj III!J!111}}1ii 1Ijjj JI!!jj - - .. SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse X ❑Addressee so that we can return the Card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No 1 -21Lf they N. / 3. Service Type .Certified Mail ❑ Express Mail ❑ Registered ❑ Return Recelpt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from service label) 7004 2 510 0002 6278 2639 ! PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 i i a MASON ��• �u,,,M,,N(fY UtvttUriviu�� --- �61605 � • • � 1 .06 � t'L,i-��ViVING PBM�TEA U.S. POSTAGE P. O. Box 279 7045823 ,r Shelton, WA 98584 RECEIVED AUG 3 b 2005 p �9 MCCD - PLANNING Z � �d P (D (30X ► �� o %O G o _ \ L'� i�f t• � �� M I�l W h Lur- Lu LU r �,r✓ 1 �o LL - C() J v __ S M '�1 vyM V' LO 00 N � X Q o O � f, L 0 a- a� C� cn c.� a 0 ®r! .� ram.• `'` . •,` ,:; / �; ems' ��: s - * : 'wo Aft 40 w� •�I 'a 1� uu a AVIP Al f7'11 @�1 M` f e FAA OF �,t 6 VI Af r• p ,� C .y i j _f i r ji. � �km- 1 1� �- a�Z2�a5 S� vo c 6► e- � k a---- �Iatd-PL a -f- vk-k3 A-:SsoCa c,-�f i/1�tt.%�j,�aC cr.t'�t /`�-a2°`/J' � �� �—� /a''�/°-erJ�-�j• fly o vv rut- . � �aa-yes vev a-CL egAT Vm-ck a- SEP-13-2005 09:25 FROM STEPHEN WHITEHOUSE 3604266429 P.�9 1847494 09�/06/2W6 02:01P STEPHEN WHITEHOUSE DEED 34,00 Mason Co, WA Return Address: Stephen Whitehouse Attorney at Law P.O. Box 1273 Shelton, WA 98584 AFFIDAVIT WA R.E. EXCISE TAX DOCUMENT TITLE: Warranty Fulfillment Deed SE` O 6 2005 REFERENCENUMSERS OF RELATED ~ PAID_1 ' DOCUMENTS: 372626,492698,and 598733 LISA FRAZIER GRANTORS: NIB Associates,a partnership Treas., Mason County GRANTEES: Kenneth W. Benjamin St Dana M.Benjamin, LEGAL DESCRIPTION: TR 16 of survey 4/74 ASSESSOR'S PROPERTY TAX PARCEL NO: 32130-75-00160 WARRANTY FULFILLMENT DEED The Grantors, MB ASSOCIATES, a partnership, for and in consideration of payment in full, in hand paid, conveys and warrants to KENNETH W. BENJAMIN and DANA. M- BENJAMIN, husband and wife, the following described real estate, situated in Mason County, Washington, described as follows: All that portion of the South half(S '/;,) of the Southeast quarter (SE 1/4) of the Northeast quarter(NE `/4) and the East half(E `/z)of the Southeast quarter(SE `/4), all in Section Thirty (30),Township Twenty-one (21)North, Range Three(3) West, W.M., described as: COMMENCING at the Southeast comer of said Section thirty (30), which is a Simpson Timber Company brass cap monument; thence North 00014'37" East along the East line of said Section Thirty (30) 3722 feet; thence North 53028'03" West 363.13 feet; thence North 61°25'22" West 394.46 feet; thence North 44019'28" West 126.22 feet to the TRUE (U F_ SEP-13-2005 09:26 FROM STEPHEN WHITEHOUSE 3604266429 P.03 111111111111111111111111111111111111111 1I1" �1111 1111 Pa g e z00 3�—W 0 P STEPHEN WHITEHOUSE DEED 34.00 Mason Co, WA POINT OF BEGINNING of this described tract; thence continuing North 44019'28" West 110.90 feet; thence North 68002'58" West 235.05 feet; thence North 47056'32" West 396.26 feet to a point on the West line of said East half(E `/2) of the Southeast quarter (SE '/a); thence South 00003'08" West along the West line of said East half (E %) of the Southeast quarter(SF. '/4) 475.27 feet, more or less, to the centerline of Johns Creek; thence Southeasterly along said centerline of Johns Creek to a point which bears South 26018'25" West from the TRUE POINT OF BEGINNING; thence North 26018'25" East 33829 feet, more or less,to the TRUE POINT OF BEGINNING. Said tract of Iand also known and described as Tract Sixteen (16) of Survey Recorded in Volume 4 of Surveys, Page 74, Recorded under Auditor's File No. 372626. Parcel No. 32130-75-00160. This Deed is given in fulfillment of that certain real estate contract between the parties 11ereto, dated April 15, 1989, recorded April 18, 1989, under Mason.County Auditor's File Number 492698, and conditioned for the conveyance of the above described property, and the covenants of warranty herein contained shall not apply to any title, interest or encumbrance assumed by or arising by, through or under the purchaser of said contract, and shall not apply to any taxes, assessments or other charges levied, assessed or becoming due subsequent to t1le date of said contract. Real Estate Excise Tax was paid on this sale on April 18, 1989, Excise Tax Affidavit No.1046. Reference herein is also made to Mason County Auditor's File Number 598733 for signatory authority on behalf of MB Associates. V 4- DATED this I day of e - M 13 C , 2005. 1 CARL G. JOHNSO OU A$IJr HO V STATE OF WASHINGTON ) ss. COUNTY OF MASON ) I certify that I know or have satisfactory evidence that CARL G. JOHNSON and DOUGLAS J. HOFF, are the persons who appeared before me, and said persons acknowledged that they signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in this instrument_ SEP-13-2005 09:27 FROM STEPHEN WHITEHOUSE �W13604266429 P.04 �� Illlll IIIII IIIIIII IIIII III�IIII�I IIIII III 11116 1111 09 6 32"S 02:01P STEPHEN WHITEHOUSE DEED 34.00 Mason Ca, UA �04 SUBSCRIBED AND SWORN to before me this L day of ' C ` ,2005. NOT'AR PUB in and for State of WE04ingtotY u );Tint Name /Z d/2/4 1'- rIA Residing at—� ! iJi j I l it l)"t %A My commission expires .4 rye TOTAL P.04 LAW OFFICES OF JOE L. SNYDER A Professional Services Corporation P.O. Sox 1338 JOE L. SNYDER 125 North Fifth Street Telephone (360) 426-9100 Shelton, Washington 98584-1338 FAX (360) 426-8476 RECEIVED August 22, 2005 AUG 2 5 2005 MCCD - PLANNING Ms. Stephanie Pawlawski Planner, Code Enforcement Mason County Dept. of Comm. Development V r Box 2 I Shelton, WA 98584 Dear Ms. Pawlawski: This letter will confirm our conversation today. M-B Associates has no control of the property. It was sold to Mr. Benjamin some time ago and in fact the contact has been paid off. I do not know why a deed in fulfillment of the contract has not been recorded with the Mason County Auditor, but will be looking into that matter. I understand that you will be deleting M-B Associates as a party against whom this enforcement action is being taken. If I can provide you with any other information, please let me know. Sincerely yours, Joe L. Snyder JLS/sys cc: Carl G. Johnson Douglas J. Hoff W. Jeffrey Conklin Stephen Whitehouse IS gct) `SPAR-K µ-b$L/AAANLF. a N�� t.ya� oJ �•+��w'-* '6 o p „S�. Q r d 'a S�►„c 1..,� ' = v so..e � d�Qp..y� V, M y�♦ v N,v w ee d �� D vve .�E �, 6( 1 J O VN 5 660 k- Lt� r o 4- • R v u-6 h Attachment tp.R aal''State Contract (817403E) ��— ALL THAT PORTION OF THE SOUTH HALT (81/2) OF THE SOUTHEAST QUARTER —� (SE 1/4) OF THE NORTHEST QUARTO .NEl/4},r'AND THE EAST HALF (E1/2) OF j THE SOUTHEAST QUARTER (SEjY4,).;°:ALL IN SECTION THIRTY (30), TOWNSHIP I TWENTY- ONE (21) NORTH, RA.Nd THREE (3): WEST, W.M. DESCRIABED AS FOLLOWS: b 4.:. c COMMENCING AT THE SOU" Xh:6T' CORNER;'OP;`SAID SECTION THIRTY (30) , WHICH IS A SIMPSONr"TIM$E.A' COMPANY:'.:4"66 CAP MONUMENT; THENCE NORTH 00 14137" EAST ALONG:::.TftE EAST LTVE 'fl.L� SAID SECTION THIRTY (30) 37.22 i FEET; THENCE NORTH 53 28'03" WESfi: 3!63.13 FEET; THENCE NORTH 61 25122" WEST 394.46 FEET; THENCE NORTH 44 19128" WEST 126.22 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIBED TRACT; THENCE CONTINUING NORTH 44 19128" WEST 110.90 FEET; THENCE NORTH 68 02'58" WEST 235.05 FEET; THENCE NORTH 47 56132" WEST 396.26 FEET TO A POINT ON THE WEST LINE OF SAID EAST HALF (E1/2) OF THE SOUTHEAST QUARTER (SE1/4); THENCE SOUTH 00 0310811 WEST ALONG THE WEST LINE OF SAID EAST HALF (E1/2) OF THE SOUTHEAST QUARTER (SE1/4) 475.27 FEET, MORE OR LESS, TO THE CENTERLINE OF JOHNS CREEK; THENCE SOUTHEASTERLY ALONG SAID CENTERLINE OF JOHNS CREEK TO A POINT WHICH BEARS SOUTH 26 18125" WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 26 18'25" EAST 338.29 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING. SAID TRACT OF LAND ALSO KNOWN AND DESCRIBED AS TRACT SIXTEEN (16) OF SURVEY RECORDED IN VOLUME 4 OF SURVEYS, PAGE 74, RECORDED UNDER AUDITOR'S FILE NO. 372626. I yke I i I I I i i i I f i I I I I li a of>wasory courv-rY.wc- 71S w RAq ROAD AVE P O RO%7•SIHEITON.WA 9ASN 4COR T'"lE INSURAOOCE SHEE TON I?M 4761676•BREMERTON(2W 377 5017 fi: 13 V 971 5� ROAD MAP°NTEPAWE AGREEMENT i THIS INDENTURE made day:.of January, 1985, by GERALD 3 G. RICHERT and SHIRLEX':*6':' -TdHERT, °his Yt fe, hereinafter referred to as RICHERT, for the purposes of ddtX-;1ring and establishing of record a road maintenance agreement. WHEREAS RICHERT owns the following described land: The East half (E�) of the Southeast quarter (SEh) and the South half (S�) of the Southeast quarter (SEA) of the Northeast quarter (NEk) of Section 30, Township 21 North, Range 3 West, W.M. WHEREAS RICHERT has plaaad of-io tlyd a document entitled 'DECLARATION OF EASEMENT", recorded September 13, 1979, under Auditor's File No. 366832. Whereas said document granted to the RICHERT'S successors in interest an "ement for ingress, egress, drainage and utilities over, under and across through the above- . '•deeatibed land and adjoining land for access of same to a public road. Whereas said document also contains a clause to the effect that all property owners who buy a portion of the land as described above to share equally'in the maintenance of said common road right- of-tray. Whereas this road maintenance agreement expands said clause, establishing more specifically the rights and obligations of RICHERT and their successors in interest in the maintenance agreement. Consequently, this maintenance agreement supercedes and replaces the prior maintenance clause of record. WHEREAS this road maintenance agreement is for the common roadway more fully described on Exhibit A attached, and which is incorporated herein by reference and made a part of this agreement. WHEREAS the above described tract of land owned by RICHERT has been divided into five acre tracts, and in several cases, said five acre tracts have been further subdivided into short subdivisions, all of which are of record. Y Y r.... 3:36 r 1 S9 NOW, THEREFORE, RICHERZIt:hgteby declates that all said five acre tracts and short subdiviofici ;:,shall be:-!'0;b,ject to the following provisions: 1. AMR Each legally recognized tract of land within the above- described property shall be annually assessed $25.001 provided, however, that a tract of property which is less than five acres in size which is in common ownership with other property comprising no more than five acres, the assessment shall be deemed satisfied by the payment of 1 $25.00 annually for all such tracts commonly owned. This annual assessment shall begin January 1, 1986, and shall continue thereafter, being due the 1st day of each year. RICHERT shall be assessed' fot those tracts which he owns; said assessment shall not exceed $200.00 per year. 2. LEVEL 01 MAINTENANCE S, Each owner understands that the roadway will need annual maintenance to maintaift the goal of maintaining said roadway in a condition equal to or better than it existed February 1, 1985. All improvements to said roadway shall be limited to maintaining said roadbed in its present location and width. 3. MANAGEMEN Once 5 five acre tracts have been sold, management of said roadway shall be performed by a management committee of two property owners who have purchased a portion of the land presently owned by RICHERT which has particularly set forth on page one of this agreement. Said committee shall initially be appointed by RICHERT for the first two years majority t e first two ears a agreement. After h this r . of Y 9 of the owners then present shall hold an election to determine who shall continue maintenance for an additional i, I two year term. E4.0b '°oitner shall have one vote; if more pe-r tract.: ';<'° than one owner,/they ':.Collecttt'e°l$lj shall have one vote. ' 4. LIENS In addition'"iO constituting a personal liability of each owner of any portion of the land herein described on page one of this agreement, all unpaid road assessments shall constitute a lien against those properties whose owners have not paid. Said lien shall be deemed perfected upon notice of delinquency being, recorded in the Mason County Auditor's office. Not 66 of said lien and recording shall be mailed by certified mailing to the delinquent owners address of record. ..Said liens may be foreclosed for the benefit of all lot Owners by RICHERT, or by the management committee, .in the same manner and procedure as a foreclosure of MECHANIdB=LIEN set forth in R.C.W. 60.04.120, R.C.W. 60.04.130, the statutes by reference are hereby incorporated herein. As previously stated, all annually on or before Jul of assessments shall be paid y Y each year, and, if not paid, a lien shall immediately be recorded against those tract$ of land whose owners have not paid. All unpaid assessments shall bear an interest charge of 12% per annum beginning January 2 of each year and continue until said assessment plus accrued interest and recording charge have been paid in full. At the end of Hamel" of each year RICHERT, or the management committee, shall submit to an attorney for foreclosure proceedings a list of those individuals who have not paid. A reasonable attorney's fee shall be payable by the owner for services of the attorney in foreclosing of said lien claim on commencement thereof. 5. SUBORDINATION QE ROAD ASSESS ENT j,jEN. Such road assessment lien shall be subordinate to a lien of any mortgage and/or deed of trust covering any of the land mentioned herein,. provided said security lien is for it kzm �. yy 1 91 funds used to make`:!j�hg oVements 'to the within described lands, and pro .de , #urther ;£ti4t said mortgage and/or deed of trust is;:: ae`d prigt>"to;_`the recording of said road t � • assessmeli:t 6. AMENDMENT. Each tract shall have one voter provided, however, that any tracts held in common ownership of five acres or less in total size shall have only one vote. This agreement may be amended by a vote of 75% of the tracts. 7. THIS AGREEMENT is binding on the heirs, successors and assigns of the parties hereto. This agreement and all easements resulting out of this agreement shall be appurtenant to and run with the titles to the parties hereto respective lands as set forth herein. GERALD G. RICHERT SHI � M,/ GFERT C REEL33(o JAR'7y 85 FEB 6 P 4 : 33 REQUEST OF STATE OF WASHINGTON ) • ) ss. COUNTY OF MASON ) t On this day personally appeared before me GERALD G. RICHERT and SHIRLEY M. RICHERT, husband and wife, to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this /L //bay of January, .e 1985. TARP PUBLIC in jtLd f r pfie State of Washington, residing t /, 9elct/c/ /O/ / ^: REEL 336 Ff.- 1 5? E X E.: E;, B I , !`� h. A The legal, i ` ` cr: ption off;;Said) easement is as follows: A 60 fo .:eaSement, yir;g"30 feet each side of the following described centEYhine; COMMENCING at the Southeast corner of said Section 30, which t is a Simpson Timber Company brass cap monument; thence North 000 14' 37" East along the East line of said Section 30, 37.22 feet to the TRUE POINT OF BEGINNING OF THIS DESCRIBED CENTERLINE; thence North 53" 28' 03" West 363.13 feet; thence North 61* 25' 22"'West 394.46 feet; thence North 44" 19' 28" West 126.21 feet to a point known as "D"; continuing thence North 44" 19' 28" West 110.91 feet; thence North 68" 02' 58" West 235_05 feet; thence North 47" 56' 32" West 242.81 feet to a tangent curve to the right; thence along the arc of said curve to the right 121.32 feet, having a radius of 64.58 feet and a cen- tral angle of 107" 381 . 17"; thence North 59" 41' 45" East 106.14 feet to a tangent curve to the left; thence along the arc of said curve to the left 111.75 feet, having a radius of 173.61 feet and a central angle of 36° 52" 45"; thence North 22" 49' 00" East' 71.81 feet to a point known as "A"; continuing thence North 22" 49' 00" East 657.58 feet; thence North 00" 03' 07" East 466.38 feet to a point known as "B"; continuing thence North 00" 03' 07" East 1024.33 feet to the terminus of this described centerline. A 60 foot easement, lying 30 -feet each side of the following described centerline; beginning at the aforementioned point "A"; thence South 68" 32' 00" East 95.05 feet; thence South 57" 11' 35" East 158.11 feet; thence North 56" 38' 30" East 315.18 feet; thence North 59" 26' 32" East 454.04 feet to a point known as "C"; thence' North 59" 26' 32" East 116.42 feet; thence North 00" 14' 37" East 359.03 feet; thence South 82" 26' 47" West 312.21 feet to the terminus of this described centerline. A 60 foot easement, lying 30 feet each side of the following described centerline; beginning at the aforementioned point "C"; thence South 00" 14' 37" West 667.70 feet; thence South 83" 05' 39" West 173.02 feet to the terminus of this described center- line. A 60 foot easement, lying 30 feet each side of the following described centerline; beginning at the aforementioned point "B"; thence North 66" 46' 04" East 821.52 feet to the terminus of this described centerline; A 60 foot easement, lying 30 feet each side of the following described centerline; beginning at the aforementioned point "A"; thence North 680 32' 00" West 339.79 feet to the terminus of this described centerline. A 60 foot easement, lying 30 feet each side of the following described centerline; beginning the aforementioned point "B"; thence South 66° 46' 04" West 428.28 feet to the terminus of this described centerline. A 60 foot easement, lying 30 feet each side of the following described centerline; beginning at the aforementioned point "D"; thence South 26" 18' 25" West 338.25 feet, more or less, to the centerline of Johns Creek and the terminus of the described ` centerline. SURVEY OF PORTION EAST HALF OF SOUTHEAST QUARTER E THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER SECTION 30, TOWN5HIP 21 NORTH, RANGE 3 WEST, W.M. NOTE a MASON COUMTY , WASHINGTON THIS SURVEY SUPERCEDES THAT CERTAIAI N 69.48'J7"E SURVEY RECORDED IN VOL.4 OF SURVEYS 23 2J 2706.65 2666.65 PAGE 74 UNDER AASON GOVNTY,W RECORDS 30.26 I I f 34MPWN TimbER CO. VDkk RENT . OW SET I/L" .27 _ 2.61 ; ly RLDAR •0 3 14 36.01 \ 19.20 1b.39- \IO.00II IZ -34.4 - _ d N09.3J'02"[ O deb, I J4.77 / 14 3i.60 0 2677.61 ; 26OI.YA O LEGEND IO O'r v 6 •+1/2" RE-OAR WITH PLASTIC PLUG SET 9 15 I-J Ib _:.. O x•uu[ STAKE JEr nAJ 0 g o 7C POW. N NOTE DETAIL "I" DETAIL "II" DETAIL "IIL" DETAIL "3Z" .6.7.00 2 i' OLTAIW SHOWu NOT TO SCALE 3o9•zo•Iz•w xT 'i2• RL-eAa a SE S CTION UBDIVISION 300.14'37"W EAST CORUER (NO SCALE) NOJ'OO'J9"E 1 1� 604.07 - 304.04 FOUND JIMPJON 71ApER 660.J9 142.W 72.63 CO. MONUMENT M 9 Q © b100 �. ,� N66 72.10"L I 14 10.09 - JIO.00 - -080.74 J 70.`� - I J.E. SECTION COANa ` i 144. n O $ O _ - n0 37.22 C c�C --- 5.00 AC. I a v `\- nti I E 60' E n UTILITY r A100'OJ'07'E 023.J0 ."S.00 AC. '� \c,.p 3 « FOR ROAD ( UTIUTV I 792.64 2 IO D 4 I� 9)o PURPODES ,. Ir u00.OJ' 000.91' 10I`3 �^ 1 N76.40'06'L Q n 320.99 5.00 AC. g 12 na zoJ.% I- S.00 �. n SOO.03'07"w a N O' O 097.49 o- O Q 3G2.00 p 1 p ` Q ` '.u0014J7•E I O 5.00 AC. 0 '5 ` I1 12 s 7.27 _ AC. .00 AC. Noo• I I B I `t� 17 a_ 5.60 A.C. so70 00 o3 o7"E E 979.00 412.36 b.00 AC.Q < 14 `y o boo•o3'o7"w 1004.J3-'R - J8 g b.OS AC. NbSO'23oO2 E 113.1J I r r• 414.77 - 1 o.y3 Z - 370.74 126.22 'Z ? Q 5.00 AC. %. 10 1 lb No3.21 J6 E 26 ' 5.00 AG. q > 29 5.21 AC. /N26'625'L 1077.69 306.49 f I� 5.00 AC. = p 9 IS O 4 5.00 ±AC. �N ff �' 9 OO'OJ'07'W 1 90.S40N N.p O N A S IO 500 AC. = N "5.25 AC. / 5 EP�X. �$ 14 7 JOHNS CRI. g 1260.49 I I N 47'S6'32"W 296.67 _ _ 4Q6AO 1JJ.4J - J27.S7 - G 473.27 t EASENtE1JT 1E DATA Jz76.37 �1 13-N 66. 46' 01' E 428.28 26- S 26. 18' 25' W 3'.5C.29t 1- N 53. 28' 03• W 363.13 11- 6 68. 32' 10• E 339.19 2- 1 61. 25' 22• W 391.16 15- 5 68' 32' 00• E 95.01 1- N 11• 19' 28. W 237.12 16- S 57• 11' 35• E 158.11 BASIS OF bEARINGS 1- N 6B• 02' S8'W 235.05 17- N 56. 78' 3 - E J75.18 SECTION UASDIVI. DY NMPJON TIMOER CO. 5- N /7• 56. 32' W 2/2.81 1B- N 59. 26' 32• E 454.01 LEGAL DESCRIPTION: 0 ROTATION o& 47'Ib'2J" LATITUDE 123.00'56" LONGITUDE• -OI.OJ'lO' 6-640 . Il' IS' E" 1".11 20- N 00. 11' 37• E 359.03 NORTHEAST QUARTER AND THE EAST HALF OF THE This survey meets or exceeds the survey stapdards, 8-6.36• 52' 15- E-173.61 L-111.75 T-57.89 2I- S 82• 26' 47• W 30.28 SOUTHEAST QUARTER ALL IN SECTION 30, TOWNSHIP 21 as established by Departmnt of Natural Resources, 9- N 22. 19' 00' E 657.58 22- S 82. 26' 47• W 312.21 NORTH, RANGE 3 WEST, W.M. IN MASON COUNTY, WA. State of Washington under Washington Administrative 10- N 00. 03' 07' E 166.38 27= S 00. 1/' J7• W 667.70 Code, Chapter 332-130 11- N 00. 03' 07• E 1024.33 2/- S 83. 05' 39. W 173.02 EXCEPT PUBLIC ROADS, IF ANY. 12- N 66. 46' 01' E 821.52 25- N 22. 19' 00• E 71.81 IN MASON COUNTY, WASHINGTON AwMBl7 anNNAn '"° IT0211 CWMKATE ROGER D. LOVITT E ASSOC. JOHN'S CREEK na.,ee,.NF nw••ala.-M-1.by INr 1.-W ak3.__... T a#-.;*•."n.l'_.r__...YAL Is PO. SOX b16 PQOPERTY SURVEY �[ y 16.m1•�N a hl.are-a..all*A 1y.a�.1..1 a. A-04la6 Ad wM• .-.... .,,.,.,_....___(cw,LD.,.RicH_gr _ SHELTON, WA. 96564 �._-.. 4._.BAL._,I9_75.._ PHONE 426-5566 fNN IT JAJ ~" DEC.,1979 1a Na 1261 - - ......... _._._.....--_... 1 RDL 1•.� Nar f•�M I s l I r 4 ���� 4?5 fv 178 494884 d RATIFIC,$'1T<�I': ROAD �N'I'EP�ANCE AGREEMENT This document is executed ''by all of the partners of M-B ASSOCIATES, a partnership, and is also exeuted by KENNETH W. BENJAMIN and DANA M. BENJAMIN, husband and wife, to ratify a certain Road Maintenance Agreement. On January 12 , 1985, GERALD G. RICHERT and SHIRLEY M. RICHERT, husband and wife, executed a Road Maintenance Agreement affecting the following described property in Mason County, Washington: The East half of the Southeast quarter and the South half of the Southeast quarter of the Northeast quarter of Section 30, Township 21 North, Range 3 West, W.M. In January of 1988, M-B ASSOCIATES acquired several parcels within the above described property at a Mason County Treasurer's Tax Sale. M-B ASSOCIATES herebyratifies and confirms said Road Maintenance Agreement as recorded under Mason County Auditor's File No. 1-36� and agrees that the properties acquired by them at that Mason County Treasurer's Tax Sale are and shall continue to be subject to the terms of the Road Maintenance Agreement. The said KENNETH W. BENJAMIN and DANA M. BENJAMIN are con- tract purchasers from M-B ASSOCIATES and join in this ratifi- cation as to the parcel they are purchasing. rtr DATED THIS day of ]J , 1989. �r NETH W. BENJAMIN- MODIAW - BENJAMINA ML ew MTV mom Tam M-B ASSOCIATES, by the undersigned, being all five of EXEMPT the partners JuN 141989 CARL G. JOHNSON DORENE PAE DOUGLAS J. HOFFC _ Trrs.. Wwn Caw* JOE L. SNYDER W. JEFFREY CONKLIN STEPHEN WHITEHOUSE r 425 179 k. STATE OF WASHINGTON,,.�,'' COUNTY OF MASON I certify `.rhikt 1 now d ;.h ve satisfactory evidence that ,KENNETH W. BENJAXTi :`and DANA'li " BENJAMIN signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. Dated zo 0 w r-- Signature of - _ /• , Notary Public My appointment expires: 6j /Q Z a s STATE OF WASHINGTON ) COUNTY OF MASON ) SS. I certify that I know or have satisfactory evidence that CARL G. JOHNSON, DOUGLAS J. HOFF, JOE L. SNYDER, W. JEFFREY CONKLIN, and STEPHEN WHITEHOUSE signed this instrument and ac- knowledged it to be their free and voluntary act for the uses and purposes mentionedl the instrument. Dated 7/ 19 Signature of 4 � P) Notary Public'- �C'{'4"L My appointment expires: '-, •��__�.+T InV- N couh"'Y aiiw� r_f3ROTCHE U9 jUpI4 all : 43 REUaST OF Joe L Snyder Attonwy