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HomeMy WebLinkAboutPermit L95-0017 - SADLER BARNARD & ASSOCIATES - EVENSON BOUNDARY LINE ADJUSTMENTL95 -0017 SADLER BARNARD & ASSOC. 13332 34 AV S BOUNDARY LINE ADJ. 1-.2p EVANSON OUR REF. 95 -0003 EXISTING LEGAL DESCRIPTIONS : PARCEL "A" : Lot 5 , Block 3 , Robbins Orchard Addition , as recorded in Volume 24 of Plats , at Page 3 , records of. King County , Washington . PARCEL "B" : .Lot 4 , Block 3 , Robbins Orchard Addition , as recorded in Volume 24 of Plats', at Page .3 , records of King County , Washington . PROPOSED LEGAL DESCRIPTIONS : PARCEL "A" ,Lot 5 , Block 3 , Robbins Orchard Addition , as recorded in Volume 24 of Plats , at Page 3 , records of King County , Washington . TOGETHER WITH the following described property : Beginning at the Northwest corner of said Lot 5 ; thence North N gy0s- rQ;l 00. ".01',04" East a distance of 6.12 feet ; thence got. ii.:&9 54 E `tre a distance of 119.19 feet ; thence South 00 "38'20" East a distance of o ,,�. 6.00 feet to the Northeast corner of said Lot 5 ; thence - Scuut8t9`'=0`ONg957.?s� West a distance of 119.27 feet along the North line of said Lot 5 to the True Point of Beginning. ( said parcel contains 6,700 sq. ft. or 0.15 acres ) PARCEL "13" : Lot .4 ,.Block 3 , Robbins Orchard Addition , as recorded in Volume 24 of Plats , at Page:3 , records of King County , Washington. NESS the following described property Beginning at the Northwest corner of said Lot ; thence North �(/e?'sq'' °'L U0701'04" East a •distance of 6.12 feet ; thence .&outt,h�Ss yR�Ssl- '°�2°5La t a distance of 119.19 feet ; thence South 00"38'20" East a distance of 89's71.6✓ 6.00 feet to the Southeast corner of said Lot 4 ; thence .. aca.ut1 .S.9 t' West a distance of 119.27 feet along the South Line of said Lot 4 to the True Point of Beginning . ( said parcel contains 5,226 sq. ft. or 0.12 acres ) RECEIVED htiR 29,995 DEOMMNITY VELOPMENT City of Tukwila Department of Community Development File Number LAND USE PERMIT ROUTING FORM TO: a Building ❑ Planning Public Works ,ja'�ire Dept. ❑ Police Dept. ❑ Parks /Rec Project: k ++ / k/J h L. Ay' Address: , ((. 333L. . '3'/ ' Ati s Date transmitted: 3(Z�! Response requested by: r-- le by--- Staff coordinator: Date response received: 1(222[6' 0 ALAI mu TIP k COMMENTS 1 • JC •' --'!!L ► �! • • u F N 1' 1��71 • 1L • fib G wp L j• EN is L 2 • • it O ;I;. •494 _r• 'a tell _ [ Lit r.0.• • t• ■ 1- R, P • .r NS l A. • 00 • FA� rce 0 ciz- 1I M 11J14 .TFt) (c-OFF -Accoe-oNctiti ❑ DRC review requested ❑ Plan submittal requested ❑ Plan approved Plan check date: Comments prepared by: 03/14/94 yeite,Cit.$000:±;a'S! '+4f'tYbk*W r V,M. Viv!'t{0 Ya.¢', t. 1.0!i'!x :AFPWMP .Mt"MIN OOPITme-„ -"e. . C4 00 (no w, w o` I... w z� I— 0. 2 moo.. o 'w W, Liz o. Z. U N', o Z BUILDING DIVISION COMMENTS : FILE # L95 -0017 (Sadler/ Barnard boundary line adjustment) The original location of the existing garage on Lot 5, Block 3, Robbins Orchard Addition, strattled the property line and was not in conformance with any code requirements. The proposed new property line would provide a minimum separation of 1.66 feet at the Northeast corner of said garage. Although, this boundary line adjustment may resolve the disputes by subject property owners, it does not provide for the requirements of a legal code complying building. One of the following conditions would be necessary to bring this building into conformance with the Uniform Building Code: 1. Provide a boundary line adjustment that would provide 3 -feet setback from the Northeast corner of the garage to the property line. (This would maintain the proper setback for the garage and for the existing dwelling on Lot B ) 2. Provide protection on the exterior of the garage wall which is material approved for 1 -hour fire resistive construction. Any eave projections would have to be protected accordingly or be of heavy timber construction or be eliminated (cut off). In so far, as the proposed boundary line adjustment will reduce the degree of non conformance with the Uniform Building Code, It would seem that this is a better situation than the conditions that existed since 1951. However, for the record, if the responsible parties to this application choose not to achieve full code conformity in one of the two described methods, then no future building permits can be issued for work to this garage unless proposed work includes the requirements of item 2. • • Policy 8.3.3 Policy 8.3.4 Policy 8.3.5 Draft Ordinance The Draft Ordinance calls for identifying specific neighborhoods which are to be protected with noise limits, noise mitigation plans for specific development projects, and restrictions . on the maximum weight of "non-routine" commercial traffic to 10,000 pounds and less Recommendation: Staff recommends designating specific neighborhoods for inclusion within the provisions of the ordinance, and adopting the ordinance. . StZ; �t;..c�';�„�s4_:,.f�tir��,,vti:: �:J r��t�:,:xW'�:•:r,�a�r �.....�u.:e,:::r;e aa',cr'A.'�,L �a5:s.r6<.ea.,g�'ru��;iF£'.; u`,ux'i:�:�ir� ._"t..."^''�.`2. }•. T i' .... .w City of Tukwila John W. Rants, Mayor Department of Community Development Steve Lancaster, Director TO: FROM: John Jimerso RE: Memorandum Ross Earnst via Joanna Spencer Tom Keefe via Mike Alderson Ltee Ne) JSfw� Evenson Lot Coase-lodation (Sadler /Barnhard & Associates) DATE: April 5, 1995 Project File No. L95 -0017 The above referenced Lot Consolodation is ready for final approval. The project has previously been reviewed by all departments. Attached are the documents for recording. Please review these materials and indicate your approval. Ross Earnst, please sign original Page 1 of the packet; Tom Keefe please indicate your approval by putting your initials next to your name below. If you do not approve, indicate any additional requirements below. Please respond by Wednesday, April 12, 1995. Thanks. Approved by Tom Keefe �, (Initials) (Ross Earnst to sign attached original Page 1). RECEIVED ' 101995 COrvMMUNITY DEVELOPMENT 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431-3665 vul::�Yk.:JS.:S1ti2P•e u �+,� +� rfm •. _._.... �.,-.. rw..... l�wnun�.. ma�. w+ y'. e: .!w.x.�..�wr'srcxi��.%+.naw.n.. �� BOUNDARY LINE ADJUSTMENT/LOT CONSOLIDATION CITY OF TUKWILA, WASHINGTON FILE NO. i_q, — v_o �7 LEGAL DESCRIPTIONS BEFORE THE ADJUSTMENT: Please See attached tit 0 AFTER THE ADJUSTMENT: APR 20 1995 DEVELOPMENT PFDA.RTPI!ENT.OF ASSESSMENT; and approved' this aO� O IV dd Assessor Please See Attached rwn Filed for record at the request of: NAME 0 w cn 3> S 0333 �l nay ►�:� o/0 'APPROVAL Deputy 4/0).44 /a- 43-ayL Department of Community Development Examined and a proved this * day of r;l , 1956. Director, Dept. of Community Development. Dept. of Public Works: Examined and approved this ._day of /-p� E Director, Dept. of P blic Works Director, Dept. of blic Works Return to: Dept. of Community Development Planning Division City of Tukwila 6300 Southcenter Boulevard Tukwila, Washington 98188 a EVERSON OUR REF. 95 -0003 EXISTING LEGAL DESCRIPTIONS : PARCEL "A" : Lot 5 , Block 3 , Robbins Orchard Addition , as recorded in Volume 24 of Plats , at Page 3 , records of King County , Washington . PARCEL "B" : Lot 4 , Block 3 , Robbins Orchard Addition , as recorded in Volume 24 of Plats , at Page 3 , records of King County , Washington . PROPOSED LEGAL DESCRIPTIONS : PARCEL "A" : u • Lot 5 , Block 3 , Robbins Orchard Addition , as recorded in Volume 24 w of Plats , at Page 3 , records of King County , Washington . © TOGETHER WITH the following described property : 0 Beginning at the Northwest corner of said Lot 5 ; thence North C400°01'04" East a distance of 6.12 feet ; thence North 89 °59 "00" East t'r a distance of 119.19 feet ; thence South 00 °38'20" East a distance of O 6.00 feet to the Northeast corner of said Lot 5 ; thence South 89 °59'00 yWest a distance of 119.27 feet along the North line of said Lot 5 to the vaTrue Point of Beginning. ( said parcel contains 6,700 sq. ft. or 0.15 acres ) PARCEL "B" : Lot 4 , Block 3 Robbins Orchard Addition , as recorded in Volume 24 of Plats , at Page 3 , records of King County , Washington. LESS the following described property : Beginning at the Southwest corner of said Lot 4 ; thence North 00 °01'04" East a distance of 6.12 feet ; thence North 89 °59'00" East a distance of 119.19 feet ; thence South 00 °38'20" East a distance of 6.00 feet to the Southeast corner of said Lot 4 ; thence South 89 °59'00" West a distance of 119.27 feet along the South Line of said Lot .4 to the True Point of Beginning . ( said parcel contains 5,226 sq. ft. or 0.12 acres ) • AFFIDAVIT OF OWNERSHIP, 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 ad- justment /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. Name: Name: Naate: — t lj Name: Name: Name: Name: Name: r3 Jr vN /E EVE/USD/0, Z)Lati f C)-" /33Y so 3 y 7-4 o , Zei <i 44 Lv /. CD STATE OF WASHINGTON p. County of King �d On this day personally appeared before me � ' N/C — Id_r 0 05 to me known to be the individual described in and who executed the within and foregoing, in- strument, and acknowledge that Ev{' dG signed the same as /•/L- free and voluntary.. act ana ,, deed, for the uses and purposes therein mentioned. .� .' r t o :' GIVEN under my hand and official seal this d y of , r ,19 9, -,--.- b' . i, • ;. s_ No ary c in and for the State of Washington, residing at 1(,/l, L21 nil' ()7n 10/0 adMES el/ /9T HUT HUTH OP WASHINGTON County 01 King Can thin t :Isy personally appeared before me to me known to be the individual described in and who executed the within and foregoing in- strument, and acknowledge that signed the same as free and voluntary act and deed, for the oyes and purposes therein mentioned. GIVEN tinder my hand and official seal this day of ,19 Notary Public in and for the State of Washington, residing at Page of z 1 .r : � U O; y0 N W, J CO u: 0 IL. a;. co =d t- W o: w U 0. 'O N` w W. = V; 0- N: :z 9504200623 AFFIDAVIT OF OWNERSHIP DECLARATION: Know all men by these presents that we, thy 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 ad- justment /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 iereuf we have set our hands arid seals. Name! Name: Name; Name: IVunce: — • Nam Name: Name: A WASHINGTON ‘679', ST STATE OF WAS 'Pe7� County of King On this day � t 'tonally appeared before me nA1-2..._ kl #L . to me known to be the individual described in and who executed the within strument, and acknowledge that /c: signed the same as ill free and deed, for the uses and purposes therein mentioned. and .,foregoing inj rr volun(ary;act andti.''). n: r} 1 cf �� '• • t' 7� ;1t a •1 ,�, • ,. CtVEN tinder my hand and offidal seal this / day of ,19 No for the State of Washington, residing at fY\ j C'- 1 L. S73A3 EyPi S EsyNi STATE Olt WASHINGTON County or King On this day personally appeared before me to me known to be the individual described in and who executed the within and foregoing in- strument, 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 offidal seal this day of ,19 Notary Public in and for the State of Washington, residing at ti�;s ?:ru;uaR'aG� .:[:45:g;m5sc�a, °3:i a"bGa Ana t a,r•li` .. "' �•in�y' Page 0 ' ..', :4y,saz Z,, r4 2. J U' U O` • c o w. J w g J. Nd 1w, • zF O ;D o. • • }O w w, = U'. z�. U M z•: City of Tukwila John W. Rants, Mayor Department of Community Development Steve Lancaster, Director April 14, 1995 NOTICE OF DECISION Sterling Silvers SADLER /BARNARD AND ASSOCIATES 31218'Pacific Highway`S Federal Way, WA 98003 RE: Boundary Line Adjustment L95 -0017 Dear Mr. Silvers: The City of Tukwila has approved your boundary line adjustment as submitted for property located at 13332 34th Avenue South. The next step in the process is for you to have the enclosed documents recorded with the King County Department of Records. The boundary line adjustment is not considered complete until you provide the Planning Division a copy of the recorded documents. If you have any questions on this matter_, don't hesitate to call me at 431 -3663. Sincerely, merson ate Planner 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431,3670 • Fax (206) 431-3665 File: L95 -001 mm Drawing# ....`... x.. e.:, ux... a., u:.. ruuro: JCi:,;d.Sr.aL>ct.ui:�.€r�",'�:i ��n;*'... ..'.n�..•:a::;a ".tea;. • MEMORANDUM TO: File, L95 -0017 Evenson Boundary Line Adjustment FROM: John Jimerson, Associate Planner DATE: April 13, 1995 ISSUE: Analysis of non - conforming BLA. Background RCW 58.17.040(6) exempts boundary line adjustments from the subdivision requirements when the adjustment does not result in a lot that contains insufficient area and dimension to meet the minimum requirements for width and area for a building site. In the Evenson case, neither lot meets the minimum 7,200 s.f. area requirement. Both lots have roughly 5,950 s.f. The proposed boundary line adjustment would increase Lot A to 6,700 s.f. and decrease Lot B to 5,226 s.f. So while Lot A becomes closer to conforming, Lot B becomes more non - conforming. The boundary line adjustment would eliminate an encroachment of a garage and driveway. The setbacks on the side yard of the reduced lot would still be met. As, evidenced by the March 6, 1995 letter in the file from S. Renee Ewalt, an attorney, and an agreement dated January 2, 1995 between the owners of Lots A and B, the reason for the boundary line adjustment is to avoid lengthy and costly lawsuit for adverse possession. The record indicates that the encroachment of the garage dates back to 1951 and the encroachment of the driveway was increased in 1984. Since both of these encroachments have exceeded 10 years, a valid case for adverse possession is possible. Conclusion This adjustment is approved because of the historical nature of the adverse possession, because of the owners desi a to recognize the adverse possession and expedite resolution otthe conflict, and because the boundary line adjustment would eliminate a non- conforming building encroachment and would still meet setbacks on the reduced lot. L BOUNDARY LINE ADJUSTMENT OR LOT CONSOLIDATION APPLICATION CHECKLIST CITY OF TUKWILA DEPARTMENT OF COMMUNITY DEVELOPMENT 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3680 The following materials must be submitted with your application. This checklist is provided to assist you in submitting a complete application. Please do not turn in your application until all items which apply to your proposal have been checked off. If you have any questions, contact the City of Tukwila Planning Division at 431 -3680. URN THIS CHECKLIST,WITH.YOUR APPLICATION Application Form ❑ Boundary Line Adjustment Fee -$200.00 non - refundable (No fee for Lot Consolidation) ❑ Legal Description (existing and proposed) Page ❑ Affidavit of Ownership Page ❑ Map of Boundary Line Adjustment or Lot Consolidation ❑ PRD application (if your site is in sensitive area or its buffer) The map should be a scaled drawing on paper no larger than S- 142Lby -14" and should include the following elements: ❑ Northpoint, scale and date. ❑ Dashed lines showing location of existing lot line(s) and solid lines showing proposed lot line locations. ❑ Dimensions of all easements existing and proposed. ❑ Access, including width, name and condition of adjacent streets. ❑ Dimensions of all lines and total lot or parcel sizes. ❑ Mean lot width of all residential lots. ❑ Existing contours at two-foot intervals. (This may be waived if no portion of subject �., property exceeds grades of 15%.) RECEIVE ❑ Location of septic tank drain field or sewer lines and water mains. ❑ Existing structures and distance to property lines. ❑ Existing trees over 6" in diameter by species. MAR 1 6 1995 DEVELOPMEr,, BOUNDARY LINE ADJUSTMENT OR LOT CONSOLIDATION APPLICATION CITY OF TUKWILA DEPARTMENT OF COMMUNITY DEVELOPMENT 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3680 R STAFF USE ONLY APPLICANT Name: Sadler /Barnard and Associates, Inc. Address: City Signature: LOCATION Street Address: 13332 34th Avenue So. 31218 Pacific Highway South Federal Way Zip: 98003 Seattle, Washington Phone: 941 -1599 Date: 'Ito If vacant, indicate lot(s), block and subdivision; or tax lot number, access street, and nearest intersection. N.W. PARCELS Zoning District Existing Use Proposed Use Proposed Lot Size QUARTER A I 15 SECTION B 23 TOWNSHIP 4 C RANGE R -1 7.2 R-1 7.2 6,700 Sq.ft. 5,226 sq.ft. DATE OF LAST PLAT: SandmonZurie and Gwat , ps 1001 Fourth Avenue Plaza, Suite 4131 Seattle, WA 98154 (206) 622 -5730 / Fax 682 -6539 March 6, 1995 Sys. &b► y City of Tukwila Re: Application to City of Tukwila for Approval of Lot Line Adjustment; Real Property Owned by Mrs. Jennie Evenson Located at 1332 34th South, Tukwila, Washington Dear Sir or Madame: This firm represents Mrs. Jennie Evenson with respect to a boundary dispute over the north lot line between Mrs. Evenson's property and the adjoining property owned by Mr. Ron Alder. Mr. Alder's claim to the property at issue is based upon a 1992 survey conducted for the prior owner of the Alert property. Mrs. Evenson's claim is based on the fact that her garage has been situated on the property at Iraiite since at least 1951 and that her driveway, also situated on the property at issue, was constructed in approximately 1984. To avoid lengthy and costly litigation, Mrs. Jennie Evenson and Mr. Ron Alder have entelet! into an agreement whereby the boundary line in dispute will be altered, subject to the approval of a lot line adjustment by the City of Tukwila. Immediate settlement of this matter is important to both parties; Mr. Alder is completing renovation of a house moved onto his property; Mrs. Evenson has sold her property, subject to resolution of the boundary dispute. In order to resolve the referenced dispute, we respectfully ask the City to approve the lot line adjustment application being submitted on Mrs. Evenson's behalf by Sadler Barnard & Associates, Inc. Your earliest attention is appreciated. Thank you for your assistance. Sincerely, S. Rdnee Ewalt SRE /sre enc. cc: Mrs. Jennie Everson Sterling Silvers /Sadler Barnard & Associates Inc. RE0 -. '.7) MAR t 6 1995 COMMUNI'T'Y DEVELOPMENT • • • ORIGINAL AGREEMENT CONCERNING LOT LINE ADJUSTMENT THIS AGR EMENT is entered into by JENNIE EVENSON and RON ALDER on the p day of January 1995. RECITALS 1. JENNIE EVENSON has been the owner of and has resided at real property located at 1332 34th South, Tukwila, Washington since approximately 1951. The property is legally described as follows: Lot 5, Block 3, Robbins Orchard Addition, as recorded in Volume 24 of Plats, at Page 3, Records of King County, Washington. 2. Mrs. Evenson's garage is a separate structure from her residence, and is situated along the northern lot line of her property. In approximately 1984, Mrs. Evenson widened the existing driveway running to the garage, resulting in the north edge of the driveway extending approximately 1.6 feet beyond the north side of the garage. 3. Mrs. Evenson and her family widened the driveway and maintained the garage and a narrow strip of property running parallel to the driveway from 1984 to the present in the belief that the garage, driveway, as widened, and strip of land were situated on and /or a part of their property owned since 1951. 4. With her children grown and her husband having passed away approximately 11 years ago, Mrs. Evenson desires to sell her property. She began actively marketing said property in 1994. 5. For a number of years, the real property directly north of Mrs. Evenson's property was undeveloped. In August 1992, Ms. Elizabeth Hurley, the then owner of said property, had the land surveyed by Sadler /Barnard & Associates, Inc. The legal description of the property then owned by Ms. Hurley and surveyed is as follows: Lots 3 and 4, Block 3, Robbins Orchard Addition, as recorded in Volume 24 of Plats, at Page 3, Records of King County, Washington. 6. According to the 1992 survey, a portion of Mrs. Evenson's garage and driveway encroached approximately 5.8 feet across AGREEMENT CONCERNING LOT LINE ADJUSTMENT DECEMBER 1994 • • the northern boundary line between Ms. Hurley's and Mrs. Evenson's property. A copy of the survey is attached hereto and incorporated herein by this reference. 7. Subsequent to Ms. Hurley surveying in 1992 her real property lying directly north of Mrs. Evenson's property, she sold both Lots 3 and 4. 8. Ron Alder bought Lot 4 from Ms. Hurley. Lot 4 is the lot adjacent to Mrs. Evenson's property. Mr. Alder was aware of the possible encroachment of Ms. Evenson's garage and driveway at the time he purchased the property, or shortly thereafter, in that he obtained a copy of the 1992 survey conducted by Sadler /Barnard & Associates, Inc. for Ms. Hurley. 9. In approximately September 1994, Mr. Alder arranged for a house to be moved onto the property he purchased from Mrs. Hurley. Mr. Alder obtained permits from the City of Tukwila necessary for permanent placement and renovation of the house. 10. In the process of the placement and renovation of his property, Mr. Alder instructed his contractor, Young & Company Construction to demolish'the section of Mrs. Evenson's driveway which, according to the survey prepared by Sadler /Barnard & Associates, Inc., encroached upon his property. 11. When Young & Company Construction began bulldozing Mrs. Eveneon's driveway, members of her family notified the police, whom instructed the contractor to cease the destruction of Mrs. Evenson's driveway. 12. At this point in the sequence of events, Mrs. Evenson retained an attorney, Sanderson -Burke and Ewalt, P.S., to assist in resolving the boundary dispute. 13. Because Mrs. Evenson and Mr. Alder desire to resolve any and all disputes over said boundary line between their respective properties, the parties agree to the terms and conditions set forth herein. AGREEMENT NOW THEREFORE, in consideration of the agreements herein contained, JENNIE EVENSON and RON ALDER agree as follows: 1. Mrs. Evenson and Mr. Alder agree that the north boundary line between their properties shall be altered to create a mutually agreeable boundary. AGREEMENT CONCERNING LOT LINE ADJUSTMENT DECEMBER 1994 �c. y�U�.�.++i.u•.Yt.:`•FblUliur_ — _?'n4y •WL4:... =nu- v:,e..a sms a+t xcmokrom. Y Pr X . ... ... SPA U 2. The exact boundary line shall be determined through a survey conducted by Sadler /Barnard & Associates, Inc., or by such other professional surveyor of Mrs. Evenson's choosing. 3. Subsequent to conducting the survey, the surveyor shall prepare necessary documents and submit for approval the "lot line adjustment" application to the City of Tukwila. 4. The parties acknowledge and agree that the cost of the survey and processing of the lot line adjustment shall be Mrs. Evenson's sole responsibility. 5. Mrs. Evenson agrees to contract with the surveyor and commence undertaking steps necessary to obtain the City of Tukwila's approval for the lot line adjustment within the first two weeks of January 1995. 6. The section of driveway destroyed by Mr. Alder's contractor, Young & Company Construction, shall be replaced and any and all cracks and damage caused to Mrs. Evenson's driveway by the contractor removing said section of driveway shall be repaired in order to bring the driveway to the condition existing just prior to the destruction caused by Mr. Alder's contractor. 7: The parties acknowledge and agree that replacement of the section of the driveway destroyed and repair of any and all cracks and damage to Mrs. Evenson's driveway caused by Mr. Alder's contractor shall be Mr. Alder's sole responsibility. 8. Mr. Alder agrees to contract with a professional contractor of his choice to replace the driveway section and repair cracks and damage simultaneous to Mrs. Evenson commencing the survey and lot line adjustment application process and to complete all repairs within the time frame necessary to obtain approval for the lot line adjustment, which is anticipated to be approximately four weeks. 9. The parties acknowledge and agree that neither party shall place or construct any future structures upon their respective properties that would result in non - conformance with any and all relevant building and zoning codes then in existence. 10. The parties acknowledge and agree that the laws of the State of Washington shall govern the validity, enforcement, and interpretation of this Agreement. Venue of any action to enforce or interpret this Agreement shall be in King County, Washington. 11. This Agreement constitutes the complete and final expression of thr agreement of the parties relating to the resolution of the ctt.tpute over the boundary between their properties AGREEMENT C7ONCERNING LOT LINE ADJUSTMENT DECEMBER 1094 �sm.r z �. • •C`.dL'9121-tEE,"ftW `'aosrblmalpM1ri3iMl'?2""""'^ ex"^r'a.TSn+�.^.e rrr9.smtsaw4.Nnpr4fgke'! 1. Z rt JU 6 ,C) Os W.W; J w O: J• cu d w .Z al ILL ID a O N' :w • z referenced herein, and supersedes all previous contracts, agreements, and understandings of the parties, either oral or written, relating thereto. This Agreement cannot be modified, or any of the terms hereof waived, except by a written instrument, referring specifically to this Agreement, executed by the party against whom enforcement of the modification or waiver is sought. 12. This Agreement may be executed in one or more counterparts, and shall become effective when one or more counterparts have been signed by both of the parties. Each counterpart shall be fully effective as an original and all of which together shall constitute one and the same instrument. 13. Time is of the essence of this Agreement. 14. If any one or more of the provisions of this Agreement, or the applicability of any such provision to a specific situation, shall be held invalid or unenforceable, such provision shall be modified to the minimum extent necessary to make it or its appliu'Aion valid and enforceable, and the validity and enforonability of all other provisions of this Agreement and all other applications of any such provision shall not be of f ect nd thereby. 15. If any party employs an attorney to enforce any of the provisions hereof, or to protect his or her interest under this Agreement, or to obtain relief for the breach of this Agreement, the nonprevailing party in any action agrees to pay to the prevailing party all costs, damages and expenses, including reasonable attorneys' fees, expended or incurred in connection therewith. 16. Subject to the restrictions on assignment hereinafter, this Agreement shall be binding upon and inure to the benefit of Sellers and Buyers, and their respective successors and assigns. 17. The Effective Date of this Agreement is the date this Agreement is last executed by both parties. 18. Each of the undersigned represents by his or her signature below, that they have full authority and legal standing to enter into the execution and delivery of this Agreement. Each party hereto represents to the other party that, when executed, this Agreement will constitute a binding obligation in accordance with its terms. AGREEMENT CONCERNING LOT LINE ADJUSTMENT DECEMBER 1994 U O 0 (o o? N w; J 1; CO LL w 0 ia. F- w,. F.. z F-: LU la p' =v`. I- LL O; Z: U _. z IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the date indicated below. NNIE EVENSON � DAT a STATE OF WASHINGTON ) ss COUNTY OF KING ) On this jt ciay of , igisT before me personally appeared JENNIE EVENSON, to m known, or determined by satisfactory evidence, to be the indiv dual that executed the within and foregoing instrument, and acknowledged said instrument to be her free and voluntary act and deed, for the uses and purposes therein mentioned. IN WITNESS WHEREOF I have hereunto set my hand and affixed by official seal the day and year first above written. Z Lt a Notary Public in and for the State Washington, residing at Spr. -i-tA. LA-- My commission expires 8/ pi 1 qcy ,V ON ALDER STATE OF WASHINGTON ) ss COUNTY OF KING ) On this a ?,Y1r -day of pe,__CA4 ti� , 19, before me personally appeared RON ALDE to me kn n, or determined by satisfactory evidence, to be the individual that executed the within and foregoing instrument, and acknowledged said instrument to be his free and voluntary act and deed, for the uses and purposes therein mentioned. IN WITNESS WHEREOF I have hereunto set my hand and affixed by official seal the day and year first above J� written. of Notary Public in and for the State Washington, residing at 1 My commission expires)/ / AGREEMENT CONCERNING LOT LINE ADJUSTMENT // DECEMBER 1994 1 Ae•-ciedr rs r N or a oil N rirvohovar A!Jr!/v atone +`Antos X 8. Lot a' ..•irv»rar. esso- ..rwr.•S•ws • /4irwr • .fwrr w*r.w�+wwsowe:e • /. r) A .$ X41 ►. .virsPiv -is .saws .arr /�..+. RECORD OF SURVEY .e&fI /4 /4 SECT ION !rTWP.?•,,gN.,RGE ,WM . %/ra• COUNTY, WASHINGTON .114•••• .► ✓+.Tar IV y our ,d.afi4/ 4:IwLli54401 r 0040‘0. 400-0e11"1111•41. gigoVIA•~40.001•1111%:~4, /f�JM IMOS& ~� /�IM/IA. Af� .0100014, IuAI/- ✓71044 /Prr..11iwa1 . J Qs,rtJ ii err•.vs it r rr�f L,eeltafd& O •.6yOirteAs0 "val w..Ir ✓iiy at i mss✓ .4nG t Lavoroll•AV /iwri '/1r,wi .J11.6.0, s SA LFJV BABA D • f Assoc. INC. IASI • PCarrr• • NAM" ImMRSUI roe *aft ..."1ar•� Demblke op SsOtimuliMuasS0 ASSOC. sart weer worm -_ wrrwra� aa.gr+ aw VIECORDMR; 114FORIATON s alURNA o n Aslrwsarwa�rgyd .rrsn — .Mnssw/ IOA7 C+wsrn.!JA mew somorr wenermo maw awl Sower wow w► r.raror. w. ,mar— era* irwwr: wtwt Swam A.rrs+NAwrrr M w4.r.or d w iii ♦�£ ssrwa.aoaw o•arasiosr 3.0 taro+• s. s.,..:; 0L' ,k2'.3s•..2i5tausulfiL'„�33z^�' •'a Z fe W 0 �U U O tNi1_ w . FFo--` IL < 11 a 1 'awing# RECEIVED. Ws 161995 • COMMUNITY DEVELOPMENT EXISTING LEGAL DESCRIPTIONS PARCEL "A" LOT 5 , BLOCK 3 , ROBBINS ORCHARD. ADDITION, AS RECORDED IN VOLUME 24 OF PLATS , AT PAGE 3, RECORDS OF KING COUNTY ,WASHINGTON. . •• (SAID PARCEL CONTAINS 5,977 SQ.FT.) PARCEL. °B" LOT 4, BLOCK 3, ROBBINS ORCHARD ADDITION, AS RECORDED IN VOLUME 24 OF PLATS, AT PAGE 3 , RECORDS OF;,KING , COUNTY', WASHINGTON. (SAID PARCEL CONTAINS 5,949 SQ. FT.) .PROPOSED LEGAL DESCRIPTIONS PARCEL "A" LOT 5 , BLOCK 3, ROBBINS ORCHARD ADDITION, AS RECORDED IN VOLUME 24 OF PLATS, AT PAGE 3, RECORDS OF KING COUNTY, WASHINGTON. TOGETHER WITH THE FOLLOWING DESCRIBED PROPERTY: BEGINNING. AT THE NORTHWEST CORNER OF SAID LOT 5 ; THENCE NORTH 00 °01'04'1 EAST A'DISTANCE OF 6.12 FEET; THENCE NORTH 89 °5900 °EAST A DISTANCE OF 119.19 FEET; THENCE SOUTH 00 °38'20 "EAST.A DISTANCE OF 6.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 5 ; THENCE SOUTH 89 °59'00' .WEST A DISTANCE OF 119.27 FEET ALONG THE NORTH 'LINE OF SAID LOT 5 TO THE TRUE POINT OF. BEGINNING. • (SAW PARCEL CONTAINS 6,700 SQ. FT. ) PARCEL . "B ". • . • LOT 4, BLOCK 3,ROBBINS ORCHARD ADDITION, AS..'$CORDED IN VOLUME 24 OF PLATS , AT PAGE 3, RECORDS OF °KING COUNTY , WASHINGTON. LESS • THE FOLLOWING DESCRIBED PROPERTY : BEGINNING AT THE SOUTHWEST. CORNER OF SAID;LOT 4 ; 'THENCE NORTH 00 °01'04 °EAST A DISTANCE OF 6.12 FEET ; THENCE NORTH 89 °59'00 °EAST A DISTANCE OF 119.19 FEET; THENCE SOUTH 00 °38'20 °EAST A.DISTANCE OF 6.00FEET TO THE SOUTHEAST CORNER OF SAID LOT 4 ; THENCE SOUTH 99 °59'00 "WEST A DISTANCE OF 119.27 FEET ALONG' THE SOUTH LINE OF SAID LOT 4 TO.THE TRUE POINT OF BEGINNING. . ( SAID PARCEL CONTAINS 5,226 SQ. FT.) SURVEYOR'S NOTES SURVEY PERFORMED BY FIELD TRAVERSE METHOD USING THREE SECOND TOTAL STATION. :'(TOPCON 3 -C) ;1 BASIS OF BEARING' PLAT OF ROBBINS ORCHARD ADDITION. USED PLAT BEARING ON THE CENTERLINE OF So. 135TH.' STREET BETWEEN 35TH AVENUE AND 37TH AVENUE, LEGEND = MONUMENTS FOUND AS NOTED, O = REBAR B CAP No.10708 SET. • SCALE 0 10 20 30 40 I IN. = 20 FT. 60 O W Q N M CITY OF TUKWILA BOUNDARY -.LINE ADJUSTMENT 9504200623 SW 1/.4, NW 1 /4,.SEC.TIO.N'15,TWP. 23 N., RGE. 4 E. , W.M. 0 W Q FND. COPPER TACK IN LEAD IN CONC. MON. 30.92 N 89 °59'00 "E ■• 118.69' f-1.01 0 0 4.89' • CONC. • DRIVEWAY' — • 5.20' 5.08 EXISTING HOUSE • 5.02' ;CONC PAD__• B 5,226 SO. FT. 4.97' , 226' 1.66' N 00001'04"E 3 y • N89 °59'00 "E i '119.19 :� • , , „"►—x :oLD,LO.T LINE -y • • • ' • • • • " '_� . GONG; ' DRIVEWAY'•. - , , EXISTING EXISTING HOUSE A 24 • CEDAR 6,700 SQ, T. 12 .COTTONWOODS S 12 "CEDAR 4'CHAIN LINK FENCE x x x 40" POPLA x--� 0 0 0 0 0 is POPLAR 28" o 36' POPLPL A x I • 1' N 89 °59'00 "E .- 119.84' 123.85' 1' r'r ' I i' 11y/, ' 0 0 M So. 135 TH STREET N 89 °59'00 "E .,/ 318.06' PLAT 8 CALC. N 89 °58'45' E MEAS. O 0 d .. X66.00' APPROVAL DEPARTMENT OF COMMUNITY DEVELOPMENT EXAMINED AND APPROVED THIS OF , ,9 , DAY DIRECTOR • DEPT. OF COMMUNITY DEVELOPMENT DEPARTMENT OF PUBLIC WORKS EXAMINED AND APPROVED THIS DAY OF ,I9 DIRECTOR DEPT. OF PUBLIC WORKS FILE No. S 311.49 'PLAT 311.41'MEAS. (1982) N 89 °59'00 "E PLAT FND. COPPER TACK IN LEAD IN CONC. MON. O V) 37TH AVE. FND. COPPER TACK IN LEAD IN CONC. MON. SADL ERkSARNA RO B ASSOC INC. FOR: JENNIE EVERSON 13332 34TH AVENUE SOUTH SEATTLE, WASHINGTON 98188 cu�'rnus SURVEYOR'S CERTIFICATE THIS MAP CORRECTLY REPRESENTS A SURVEY MAD BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE REQUIREMENTS 'OF THE SURVEY RECORDING ACT AT THE REQUEST OF: LAND SURVEYING; PLANNING Et PLATTING 31218 PACIFIC HIGHWAY SOUTH FEDERAL WAY,,WASHINGTON 98003 PHONE +(,206)1941 -1599, 927 -8884 Ms. JENNIE EVERSON IN MARCH ,1995 AUDITOR'S CERTIFICATE: FILED FOR RECORD THIS DAY OF 19 , AT , IN BOOK OF SURVEYS. AT PAGE ,.AT THE REQUEST OF FEE No. • SCALE: I in. =20ft. DRAWN JOB No. 95-0003 S.L.S. EXPI1E3 111;1_.2 t, 3 I .4 I_� _ (_I (.I_�: .•5 E.L. BARNARD , P.LS.10708 (11 III I VII 6 1 018 6IZ i 81g-, L1Z.1.--91g I BI1 I • VIZ I c g (gig TIZ QIz• 611 811 LIT 911 AUDITOR DEPUTY