HomeMy WebLinkAboutPermit 88-02-BLA - HARDIN - BOUNDARY LINE ADJUSTMENT88-2-BLA
Permit 88-02-BLA - HARDIN - BOUNDARY LINE ADJUSTMENT
5117 south 151st street
5119 south 151st street
To: Moira Carr Bradshaw
City of Tukwila
Planning Dept.
Re. File No. 88 -2 -BLA
From: Neal E. Hardin
Current temporary Address
3621 Turtle Creek Blvd # 2C
Dallas, Tx. 75219
(214) 655 -3954 Work
(214) 528 -9315 Home
In order to clarify the accompanying proposal, a brief history of this property
may be helpful. I purchased the residence at 5119 So. 151st. in March 1977. My
purchase documents indicate that I purchased lot 8 of Young's Half -Acre Tracts
less the southerly 65.375 ft and also less the easterly 30 ft of lot 8.
This purchase provided me with a lot (approximating lot 1 on the short plat)
that was 69.375 ft deep with 96 ft frontage on So. 151ft St.
Shortly after I purchased this parcel, the property represented by lot 2 and lot
3 was supposedly sold to other buyers. Due to a flaw in the transfer documents
and due to .the other buyers failure to obtain title insurance or to conduct a
proper title search, I determined sometime later that ownership of the southerly
65.375 ft and the eastery 30 ft of Youngs Half -Acre Estates way still vested in
the original owner from whom I purchased. This fact was unknown to me and to the
supposed owners of lots 2 and 3 of short plat 78 -34 -SS until long after that
short plat was filed. The consequence is that ownership of lot 2 of the existing
short is vested in two different individuals. As the result of the sherriff's
sale that took place in September of 1986, I obtained title to the southerly
65.375 ft and the easterly 30 of lot 8 of Young's Half -Acre Tracts. After this
acquisition, my lot is lot 8 of Young's Halg -Acre Tracts.
The accompanying drawing incorporates the proposed boundary line adjustment
between lots 1 and 2 with the existini short plat No. 78 -34 -SS dated 9 - 28 - 78
and is nesessary to acurately represent actual ownership.
Lot 1 of the revised drawing is 134.625 feet deep, 126 feet in width with a
30 foot easement running the full depth along the easterly line of the lot.
Lot 2 of the revised drawing represents the actual lot size of 18.375 ft X 126
ft subject to the 30 foot easement along the easterly boundary line.
As required in the boundary line adjustment application, the attached drawing
shows the set backs of the existing residence as being 8 ft on from the west lot
line and 14 ft from the existing (old) south lot line. The southerly setback is
70+ feet as a result of this revision.
I believe that I have included all information necessary for you to make a
determination on this matter. If you have any questions or need more information
please contact me at the phone numbers or address shown above. Thank you for
your assistance.
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GEORGE M. HARTUNG
MEADE EMORY
LEON C. MISTEREK
JOHN F. COLGROVE
C. DEAN LITTLE
LAWRENCE E. HARD
RODNEY J. WALDBAUM
D. WILLIAM TOONE
DANIEL D. WOO
CARL J, CARLSON
Ms. Moira Karr Bradshaw
City of Tukwila
Planning Department
6200 Southcenter Boulevard
Tukwila, WA 98188
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LESOURD & PATTEN
A PROFESSIONAL SERVICES CORPORATION
ATTORNEYS AT LAW
2400 Columbia Center
701 Fifth Avenue
Seattle, Washington 98104.7005
TELEPHONE: (206) 624.1040
TELECOPIER: (206) 624 -3087
October 12, 1988
P. WARREN MARQUARDSON
MARIANNE SCHWART7. O'BARA
ROBERT M. KANE. JR.
JUDD R. MARTEN
JEFFREY C. WISHKO
VICTORIA JENSEN BJORKMAN
HUGH J. DAVIS
MICHAEL R. KENYON
EA. LeSOURD
WOOLVIN PATTEN
ROBERT L. PALMER
OF COUNSEL
Re: Hardin -- Tukwila Short Plat
78- 34- SS,7901250881
Dear Moira:
I wanted to confirm our conversation and send a letter for
the benefit of my file and future reference as much as yours.
I looked at the title report dated May 26, 1978, which was
furnished to us together with the supplement of October 9, 1978
showing no changes. There is a reference to an interim supple-
mental report dated August 11, 1978, which I do not have.
Based on the report, and my own calculations on the plat map,
and based on the copy of the plat application bearing signatures
of Hardin, Mr. and Mrs. Powers, and Mr. and Mrs. Beyers, I have
no current reason to believe that other signatures were required
which would invalidate this plat. I suggested that if indeed
Mr. and Mrs. Bard had an interest in the property, and they
either still have, or have transferred that previously existing
interest to other parties other than those named above, it
might be appropriate for the City to take a further look at the
matter. I recommend that Mr. Hardin, who of course did sign
the plat application himself, bear the burden of showing a
problem.
My conclusion is based not only on the legal basis that
all owners apparently did sign and approve the original plat,
but on the practical considerations as well. Any "undoing" of
this plat is likely to cause unnecessary turmoil between property
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Ms. Moira Karr Bradshaw
October 12, 1988
Page Two
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owners, secured parties, and the Assessor's Office.
As to Mr. Hardin's request for a boundary line adjustment,
my review of documents does not convince me that the City needs
to accept his request which would result in creation of an
impermissible lot. It appears that Mr. Hardin acquired a portion
of the original lot 8, on South 151st Street, in January, 1978.
Reserved to the Bards, his Grantor, was the east 30 feet and
the south 65.375 feet. According to the title report, the
Beyers obtained an interest in what appears to be the balance
of lot 8, and the Powers were contract purchasers of most of
lot 7.
The recent litigation that resulted in Hardin acquiring
the "Bard" portion was actually a collection lawsuit against
rd. Hardin purchased the judgment and then had the Sheriff
11 the Bard portion of lot 8. Hardin was the successful
_cider and received the Sheriff's Deed following the redemption,
on October 7, 1987. Hardin now wants a lot line adjustment to
split ownership of the current middle lot 2 between himself and
the remaining owner of apparently the south 18.385 feet of lot
2. This strip does not meet requirements to stand on its own
as a separate lot. Nothing in the documents I have seen indicates
other than that the problem of split ownership must have existed
prior to the Sheriff's sale. Hardin's acquisition of the
property is not in the nature of a court order establishing
title by splitting property between two competing and adjacent
owners, such as by partition. If the Bards owned the 18 -foot
strip below the Sheriff's sale lot, and that 18' was not was
r sold at the Sheriff's sale, then the City should not be
uired to take an action which results in creating an impermis-
Le lot. If the Bards did not own that 18 -foot strip prior
t,) the sale, then the problem existed before and the Sheriff's
sale should not force the City to take action.
Moreover, the mere Sheriff's Certificate and Deed do not
ensure that Mr. Hardin in fact owns this property, or that the
Bards had an interest when the Sheriff's sale was held. Before
lot line adjustment is considered, the City would want to review
a current title report on that property clear of ownership
questions.
PWM:bmh
Very truly yours,
LeSOURD & PATTEN, P.S.
Wazife
P. Warren Marquardson
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w% ,�gs� City of Tukwila
•1908
PLANNING DEPARTMENT
6200 Southcenter Boulevard
Tukwila, Washington 98188
(206) 433 -1849
Mr. Neal Hardin
3621 Turtlecreek Blvd., #2C
Dallas, TX 75219
May 31, 1988
Subject: FILE NUMBER 88 -2 -BLA
Dear Mr. Hardin:
To follow up on our conversations on your proposed boundary line adjustment
between Lots 1 and 2 of Tukwila Short Plat 78- 34 -SS:
First, the property owner(s) of Lot 2 as well as Lot 1 must sign the appli-
cation. Second, the proposed adjustment would create a nonconforming Lot
2, which must have a minimum size of 9,600 square feet. You have mentioned
that a court decision split ownership of Lot 2 and you are trying to follow
through with an accurate adjustment of lines which duplicates the decision.
I suggest that you submit a copy of the court decision to help clarify the
situation along with your proposal. Whether the decision enables the City
to act differently I cannot say at this time.
Finally, because the application is incomplete, I am returning the forms to
you. If I can assist you in the future, please call me at 433 -1848.
MCB /sjn
enclosures
Yours truly,
laZY
Moira Carr Bradshaw
Associate Planner
LEGAL DESCRIPTIONS
Before the adjustment:
Lot 8 EXCEPT the Easterly 30 feet
ALSO EXCEPT the Southerly 65.375 feet of said Lot 8 of Young's Half -Acre
Tracts, as per plat recorded in Volume 16 of Plats, page 37, records of
King County.
Le.i- I 7IG /k, r - r `/-
After the adjustment:
Lot 8 of Young's Half -Acre Tracts, as per plat recorded in Volume 16
of Plats, page 37, records of King County.
Return to:
(29 /BLA.LEGAL)
B UNDARY LINE ADJUSTMENT /LOT CONSirDATION
CITY OF TUKWILA, WASHINGTON
FILE NO. ft;
Filed for record at
the request of:
Neal E Hardin
Name
Planning Department
City of Tukwila
6200 Southcenter Boulevard
Tukwila, Washington 98188
APPROVAL
Department of Planning: Examined
and approved this day of
, 19
Director, Department of Planning
Dept. of Public Works: Examined
and approved this day of
, 19
Director, Dept. of Public Works
Page of
DECLARATION:
Know all men by these presents that we, the undersigned, owner(s) in fee simple
and /or contract purchaser(s) of the land herein described do hereby make an
application for a boundary line adjustment /lot consolidation thereof. The
undersigned further declare that the attached map is the graphic representation
of said boundary line adjustment /lot consolidation and the same is made with the
free consent and in accordance with the desire of the owner(s).
In witness whereof we have set our hands and seals.
STATE OF WASHINGTON
County of King
On this day personally appeared before me /'C 0. 1 E. flctr d j yi
to me known to be the individual described in and who executed the within and
foregoing instrument, and acknowledged that ile_. signed
the same as -/ I S free and voluntary act and deed, for
the uses and purposes therein mentioned.
dl
GIVEN under my hand and official seal this ...:2/--day of >% C.1 , 198'r.
STATE OF WASHINGTON
County of King
On this day personally appeared before me
GIVEN under my hand and official seal this day of
N' ota4y Public in an for tie tate f
Washington, residing a �
( -111/04-14A-64--
to me known to be the individual described in and who executed the within and
foregoing instrument, and acknowledged that signed
the same as free and voluntary act and deed, for
the uses and purposes therein mentioned.
, 19
Notary Public in and for the State of
Washington, residing at:
(29 /BLA.DECLAR) Page of
NORTH
SCALE: 1" = sQ ft.
DATE: 3A V g$
cc: Engineering
Building
Copy to
applicant on
(29 /BLA.
ILLUSTRATION OF
PROPOSED BOUNDARY LINE ADJUSTMENT
t.
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1a6 % — aoe
[l Approval is hereby granted subject to:
0 Disapproved because:
Original to File Planner:
Date:
257—/ ■ �0
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NOTE: APPROVAL, IF GRANTED, WILL REQUIRE A SURVEY BY A LICENSED SURVEYOR.
(Do not write below this line.)
************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
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Proposed 78 1 x 1261
Lot Size, 9,828 Pt
134.625' x 126
16,962.75"
. 18:375 X 126
APPLICANT
LOCATION
PARCELS:
DATE OF LAST PLAT: SeRt 28 1 W$
(29/BLA.APP)
,••••,-•• " - '• - •
.•
BOADARY LINE ADASTMENT OR
LOT CONSOLIDATION APPLICATION
Name:
Address:
City:
Signature:
Street
Address:
Neal E. Ha-din
6356 138th Avenue NE. # 209
Redmond
lei,P4i 6 Am(
5117 / 5119 So. 151st Street
Tukwila, Wa. 98188
If vacant, indicate lot(s), block, and subdivision; or
tax lot number, access street, and nearest intersection.
N 1 44.
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properly staked
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