1991, 10-25 Fact, Conclusion, Decisioni
BEFORK SPOKANE ,COUNTY PLANNING
i
IN THE MATTER OF A LACK OF STREET )
FRONTAGE ADMINISTRATIVE EXCEPTION )
[AEE -128-91 (A&B)] f )
NAME: SMITH LAW FIRM I )
COMPANION FILE'(S): CE -453-91! (A&B) )
PARCEL NO: 55183.0324 AND .0310 i )
DEPARTMENT
FINDINGS OF FACT,
CONCLUSIONS AND
DECISION
THIS MATTER, an application for street frontage Ad I'nistrative Exception, has been
received and decided upon, pursuant toe Zoning Code of Spokane County, Sections
14.506.020 7. and 14.506.040, on the day of October, 1991.
FINDINGS OF FACT A
1. The individual signing below has been del(
rendering this decision by the Spokane County Director
. 2. The Spokane County Planning Departrnem
Smith:Law Firm for recognition of 2 existing lots with,,
for residential use. Due to.a previous°.failure` to;recordli
adjustments were not lawfully recorded. This action cc
parcels, have 62 and 50.85 feet of frontage on a public s
of thp- oning.C6de for Spokane County requires. 80 fec
3. This property is generally.located in.the Sl
adjacent to Alki Avenue and about -1/4 mile east of:Flor
18, Township 25 N, Range 45 EWM; 17420 and 1741E
CONCLUSIONS
ted the responsibility for
Planning.
has received an application from
ightly adjusted boundary lines and
gal documents,, old property line
.rects that problem. The subject
)ad;.. whereas, _ section =14.616.315
f. frontage: -
:)kane.,Valley, south of and;
Road, in.the.SW 1/4 of Section
E. Alki'Avenue.
4. The current zoning of the property is Urban Residential -3.5 (UR -3.5); which
zone has a minimum lot size of 10,000 square feet. Prior to this minor technical boundary
adjustment the 2 lots had non -conforming lot status. The details of this dilema are set
forth in a file letter -of August 1, 1991 from L.C. Smith; Attorney.
G
5. In compliance with RCW 36.70.450, the Planning Deparment has
determined that this proposal is generally consistent, asconditioned, with the Urban
category.
6. The project is exempt from the State Environmental Policy Act, pursuant to
WAC 197-11-800(6)(b)..
DECISION
BASED UPON THE ABOVE Findings of -Fact and Conclusions, Administrative
Exception application is herebyVAT' OVER, as -shown on the approved site plan'and
other file documents to recognize the 2 lots `as having less than the required frontage of 80
feet. This decision is final unless appealed in writing, consistent with appeal procedures.
0
CASE NO. AEE- 128-91(A&B) SPOKANE COUNTY ADMINISTRATIVE EXCEPTIOn PAGE.2
CONDITIONS OF APPROVAL
I. GENERAL
1. The following conditions shall apply to the applicant, owner and successors
in interest and shall run with the land.
2. Failure to comply with any of the conditions of approval contained in this
decision, except as may be relieved by the Planning Department, shall constitute a .
violation of the Zoning Code of Spokane County and be subject to such enforcement as is
appropriate.
3. The Planning Department may administratively make minor adjustments to
site plans or the conditions of approval as may be judged to be within the context of this
approval.
II. PLANNING DEPARTMENT
1. These parcels shall not be further subdivided unless consistent with RCW
58.17, the county subdivision regulations; the Zoning Code: and the Comprehensive. Plan.
2. The applicant shall file with the Planning Department a copy of the,
segregation application, necessary to recognize the subject properties as an individual tax
parcels except that this condition shall not apply if the parcel is presently established with a
parcel number.
III. DIVISION OF BUILDINGS
None is needed.
IV. DIVISION OF UTILITIES
None is needed.-
V.
eeded:
V. SPOKANE COUNTY HEALTH DISTRICT
None is needed.
VI. DIVISION OF ENGINEERING AND ROADS
1. An approach permit shall be obtained from the Division of Engineering and
Roads prior to the construction of any new driveway approaches. This shall be done prior
to the release of a building permit, change of use permit or certificate of occupancy.
RP/GA-AEE-128-91(A&B)/DECISION-10/24/91
r
CASE NO. AEE-128-91(A&B) SPOKANE COUNTY ADMR TISTRATIVE EXCEPTIOn PAGE 3
2. Applicant shall sign and record'ISpokane County Notice to the Public No.'6
which specifies the following:
i
The owner(s) or successor(s) in interest agree to authorize the County to place their
name(s) on a petition for the formation of a Road Improvement District (RID) by the
petition method pursuant to Chapter 36.88 RCW, which petition includes the owner(s)
property, and further not to object, by the signing of a ballot, the formation of a RID by the
resolution method pursuant to Chapter 36.88 RCW, which resolution includes the
owner(s) property. If an RID is formed by either the petition or resolution method, as
provided for in Chapter 36.88 RCW, the owner(s) or successor(s) further agree:
(a) that the improvement or construction conte plated within the proposed RID is
feasible;
(b) that the benefits to be derived from the formation of the RID by the property
included therein, together with the amount of any County participation,
exceeds the. cost and expense of formation of the RID; and
(c) that the property within the proposed RID ifs sufficiently developed.
Provided further that the owner(s) or successor(s) shall retain the right, as authorized under
RCW 36.88.090, to object to any assessment on the property as a result of the
improvements called for,in conjunction with 'the formation of the -RED by either petition or
resolution method under Chapter 36.88 RCW.
This requirement applies to Alki Avenue, from which the subject parcel takes access.
3. Applicant shall dedicate 5 feet on AM Avenue for right-of-way.
DATED THIS �� DAY OF OCTOBER, 1991.
Thomas G. I1/Ioshe�, AICP
Zoning Adjpstor j
FILED:
1) Applicant (Certified/Return Receipt Mail)
2) Spokane County Division of Engineering and Roads
3) Spokane County Division of Utilities 1
4) Spokane County Division of Buildings
5) Planning Department Cross-reference File and/or Electronic File
RP/GA-AEE-1 28-91 (A&B)MECISION-1 0/24/91
CASE NO. AEE-128-91(A&B) SPOKANE COUNTY ADMINISTRATIVE EXCEPTIOn PAGE 4
NOTE: THE APPLICANT OR AN INTERESTED PARTY MAY FILE AN APPEAL
WITHIN 20 CALENDAR DAYS OF THE ABOVE DATE OF SIGNING. APPEAL
MUST BE ACCOMPANIED BY A $120.00 FEE. APPEALS MAY BE FILED AT THE
SPOKANE COUNTY. PLANNING DEPARTMENT, BROADWAY CENTRE
BUILDING, 721 NORTH JEFFERSON STREET, SPOKANE, WA 99260 (Section
14.412.041 of the Zoning Code of Spokane County).
RP/GA-AEE- 128-91 (A&B)/DECISION-1 0/24/91
S P O K A N B
DEPARTMENT OF BUILDINGS •
JAMES L. MANSON. C.B.O., DIRECTOR
C_: O U N T Y
A DIVISION OF THE PUBLIC WORKS DEPARTMENT
DENNIS M. SCOTT, P.E., DIRECTOR
TO: -1-cm 1�1 o� ttE , Planning Department
FROM: Tom Davis, Code Compliance Coordinator
DATE: JC) -11-91
RE: File Number: A E E -1 2$-91
Address:_ E , xl" C) --AL
}
Our comments regarding the above are reflected in the marked box(es) below:
❑ The applicant shall contact the Department of Buildings at the earliest possible stage of design/development in order to be
informed of code requirements administered/enforced by the department; e.g., State Building Code Act regulations such as
requirements for fire hydrant/flow, fire apparatus access roads, street address assignment, barrier -free regulations, energy code
regulations, and general coordination with other aspects of project implementation.
. The issuance of a,building permit by the Department of Buildings is required.
❑ Requirements of Fire District No. need to be satisfied during the building permit process.
The applicant is a}dvised,that the.private road shall be named and signed in Accordance with the provisions of Spokane County .
Road Standards: This condition may. be waived in,the advent that the Department of Buildings. determines- addressing on 'the
private road is not acceptable. However, at such tame the Department of Buildings feels the need for the road to become a
private, narnad road, the applicant/owner' shall participate and cooperate in this process.
❑ The required fire flow for any building or subdivision is determined by building size, type of construction and proximity of
exposures. Based on information presented to this office regarding this subdivision, the minimum fire flow established by code
of 500 gallons per minute for 30 minutes is being required.
Hydrant distribution will be as follows: Residential Development(s). Fire hydrants shall be located at roadway intersections
Fl.
wherever possible and the maximum average distance between them shall be.no furhtec than 900 feet and these hydrants shall
be placed do no portion of the structures are'in excess of 450 feet from a hydrant: _
:. We have no requirements for this proposal - existing 9ondition4. ,
No.ai#ditional obinmaipts..' •. ... _ • .. •
Specific comments are as -follows:
F-1
CODE ENFORCEMENT DIVISION
WEST 1303 BROADWAY SPOKANE; WASHINGTON 99260-0.550 • (509) 456-3675
FAX (509) 456-4703
SPOKANE COUNTY COURT HOUSE
i
I
PLANNING DEPARTMENT
BROADWAY CENTRE BUILDING N. 721 -JEFFERSON STREET
PHONE 456-2205
SPOKANE, WASHINGTON 99260
1
I
MEMORANDUM
TO: Spokane County Division of "Engineering and Roads
Spokane County Division of Utilities
Spokane County Division of Buildings
FROM:
DATE:
SUBJECT:
Spokane County Fire nio-tict #'1
Thomas G. Mosher, Ajj2P
Senior Planner
October 7, 11991
Administrative Exception Application foi lack of minimum frontage on a
public street: AEE -128-91 (A -B).
Attached is a copy of the application and supporting documents submitted by Smith Law
Firm to correct an error in property line location due to lack of record filing and,to
recognize that the 2 lots are lawful even though the pr' sent frontage is less than that
required in the Zoning Code.
Please review this proposal and return your comments and recommendations by
October 17, 1991. If no response is received by this date, we will render a decision
without your recommendation. If you have any questions regarding this file, you may
contact me at 456-2205.
Thank you for your prompt attention.
I
rp
Enclosures (map and application)
c: Smith Law Firm, W. 505 Riverside, Ste 201, Spokane WA 99201
i
Rp-AEE-128-91 Smith Law Firm
Transmittal ltr
I
Page 1 of 2
�p 1
SPOKANE COUNTY i�PLANNING DEPART-MENT
APPLICATION: FOR;LACK ]QF. P�IBLIC. *STREET FRONTAGE
A DIVIXNISTRA TIVE . EXCEP'T'ION
[Seciroh'J4.S06. 20`; 7
Certificate of Exemption No �L13I -�0l i (}� Application: :No
I2 "I4
.
Vanie;of%applicant: sMITx.; {.. i.. Agent:, Y.N lesfL
S[xeet{adds'css: W 505., -Riverside; -:Suite :201"
y ,'. Spokane. State !WA ZIP, Code: 99201 -
PHUN `:cuie: Work: Agent's N0. h 4 - 41
° ,name of.property owner(s)CHADLEY D.. RItl`GBY/PHYLLIS J'. RIGBY/MATT A.
RIGBY
Street;address: 17420 E. Alk
F �,t Greenacres ;I State: WA ZIP Code: 99016
ome: Work: 5;;36-9556 j (Ph' 1.1 Rigby:)
r
FOR..STAFF USE ONLY
:.. Violation/
Section Townshi Range Enforcement: Y
-:Township
-L-6t and legal checked by:.` ;; ; •Easement legal checked by.
-CW-SSA Water.(purveyor):. a% .
•' JLID Agzeement needed: X t
-Arterial Road Plan designaii6h.. -.41A
. Maintenance agregnatnt checked by 4'.-- ;
Existing zone : G{/Z' 3 5 ; Compzehensrve Plan_ designation = !tel ?✓---
Fir, :Distn.ct - � Personnel doingi.preapp con£ .,
,nYolvn t.h.. _ roPertOther/Pzevious Planning De ament actionsiisY
...
ABOUT. THE PROPERTY
Existing use o£ property: . Residential i..,
. Describe proposed use of the property:. Residential` .
What is the"size of the original parcel if this proposalis-a recent or proposed division? „:.TJ/A%
no„t .applicable
Street address of.property_ (if .known):. 17420 .':E . ” Alki , Greenacres , [STA ;
.: 99016, ;
Legal descrition of-roperty (include easement, if applicable):
e East100.-85 -"feet, o.f ;-Lot 5:1 EXCEL: the Wes ee o
e orth
56.feet t ereo ,::in Block- , o -- - _
ac
cor ang o a recorded in - Voil or, Flats, g 07pokane,
Colinty;WA.
Parcel No(s).: S 5.1 93 0 1
Source of legal: _As"8essor (Ticor Title insurance C0.1--"
Total amount o£ adjoining-iand,controlled by this ownez, sponsor and/or agent
0
What interest do you -(applicant) hold in the"property? i ;A'gent Y
Page 1 of 2
AFFIDAVIT CONCERNING CONTINUOUS USE
OF -PROPERTY G4) SPP _-TNC 12'' DRIVEWAY
STATE OF WASHINGTON,) .,._
SS.:
County of. Spokane.)
ELVA L. VANDITTO and ROYAL M. DEBOER, each being first
duly sworn, upon Oath, deposes andsays:
We are two of the surviving children of Roland W. DeBoer
(who died June, 1967) and Marie E.,'DeBoer (who died July, 1990), and
make this affidavit for the purpose of clarifying the issue of frontage
on Alki Avenue, in Greenacres, Washington, of property belonging to
Roland W. and Marie E. DeBoer, located at 17.420 E. Alki, Greenacres,
Washington.
1. We know of our own knowledge and personal_ recollection
that prior to January 22, 1953, our parents owned property located in
.the East half of Lot 5, in Block 17 of 'CORBIN ADDITION TO GREENACRES
in Spokane County, Washington:
2. That as of January 22, 1953, our parents executed
a deed to Sophy Thiebes Whitman, wife of C.W.-Whitman, conveying
property, -having a 62.' frontage on Alki Avenue, which was described
as follows:
The east 62 feet of the west 122 feet of the north
465 feet of th.e East;'11/2 of Lot 5, in Block 17 of
CORBIN ADDITION TO GREENACRES, in the -County of
Spokane and State of;Washington, as per map thereof
recorded in Book."S" of Plats, page 30, in the
office Iof the County;,'Auditor of said County.
3. That our parents:at the time of the above transfer,
believed that they.had retained a',50 foot frontage on Alk.i.Avenue.
This 50 foot frontage, which our parents had used continuously as
their home for many years prior to.January 22, 1953, included their
driveway, located along the established.west line of their home property.
4. That when the above described property was conveyed
to Mrs. Whitman, our parents continued to use their driveway, measuring
about 12 feet in"width,'and continued to use their driveway for approxi-
mately another fifteen years. That over the years a fence was established
along the existing property line as it was believed to be by our parents
.and their neighbors to the west.'That no mention was ever made of any
claim to the 12' driveway as having belonged to the neighbors on the
west, although the property to the west changed hands a number of times
during that period.
5. In 1968 a review of the various properties located
along Alki Avenue.west of our -parents' home (caused as we were told
at the time by a recent survey of property for.Erret's Addition) disclosed
that some.error'existedin the actual location of some property lines
in that area --that the existing `;legal descriptions did not line up with
the property lines,actually in.use at that time.
Affidavit - Page 1 of 3 .
-
6. This resulted .in aJgeneral 'move over' by several
of the property owners to the west of our parents property, including
the 62 foot parcel (known as Parcel' 455183.03'24)
Then owners of the above parcel (FIELDS) acquired
12 feet on their west line in June 4, 1968, (for ;a-. then -:total of 74
feet),.but within three months, transferred 12 feet from .their east
.property line to our parents.(,reducing the frontage on Alki Avenue
of Parcel 55183.'0324 back to 62.E feet: ),°-The 62 feet then owned by
owners (FIELD) was the self -same identical 62 feet used and enjoyed `
by property owners of that parcel since originally purchased from our
parents in 1953.
7. The 12 feet acquired along our parents'.west boundary
.'line was the'same 12'.driveway they had always used and enjoyed, and
-considered their own.
8. A calculation of the footage remaining to our parents
in the east half of Lot 15, Block 17 of CORBIN ADDITION TO. GREENACRES.
after the sale of 62 feet to Mrs. Whitman in 1953, shows that only 38.85
feet remained of their frontage on'Alki Avenue (Parcel #55183.0310),_
although they had continued to use" and enjoy the.50 feet since 1953.
9. The 50.85 foot frontage on Alki Avenue then owned by
our parents was the self -same identical 50.85 feet used and enjoyed
by our parents since, they._ originally sold the 62 feet immediately
west of the 'property -to`Mrs. Whitman in 1953.
10. That the error in remaining frontage:.on Alki Avenue
ownedby our parents after.the transaction of 1953 was unknown -on
the part of our parents. That during the period of time from'1953 to
1968.when the.:error was discovered, no mention was ever made by any
neighbor owning or,tenanting Parcel 55183.0324 concerning a claim to use or
ownership of the 12 foot driveway, "used by our parents; that the boundary
line established on the ground in'1953 was never disputed, until 1968.
S
That when -the error aid.inadvertence was discovered in 1968,
a transfer of the 12 foot driveway area was legally executed to. our
mother;.by.qui.t.claim deed dated August 30, 1968, recorded September 4,
1968, under Auditor's number 3837,04C: The quitclaim deed was drafted
and recorded by Attorney Robert G,. Schimanski-- excise tax was paid
(receipt #0947.8); and Washington,State tax stamp was affixed. That
our mother,, and :.here adult children, considered that the matter was
completed.. She was not.advised that it was necessary to advise tax-
ing authorities of this transfer.
11. Our father had.died the year before, and our mother` -
paid no real property taxes .as a result of a senior citizen's low income
exemption. She was unaware over the years that the 12 foot driveway
-property remained as taxed under her neigh'bor's parcel #55183.0324.
She was unaware that a tax segregation was not done, or that one was
expected to have been done.
Affi. Page 2 of 3
SUBSCRIBED AND SWORN to
August.;.19'91.
Affi. e' 3 of 3
b re. me this day. of
z L
N RY PUBLIC in and for the State
of Washington, residing at.Spokane
My Commission expires: �� 9
12. That it wasn't until -after our mother's death, and
subsequent sale.of the home property that we became aware of the lack
of segregation for tax purposes.. The sale of the property. has now:
been completed, as of June., 1 991, and TICOR TITLE INSURANCE CO.
issued their. policy of owner's title insurance,.insuring.the present
owners of 17420 E.' Alki,, Greenacre.S :14A (Parcel #551$3.0310 and other
property).'
roperty).
The East 100'.85 feet of'Lot 5, EXCEPT the West 50
feet of the North 465 feet thereof, in Block 17
.
of CORBIN ADDITION TO GREENACRES, according to
Plat recorded in Volume "S" of Plats, Page 30, in
Spokane County, Wa-shing;ton.
commonly known as E. 17420 Alki Avenue,
.(More
Greenacres, Washington 99016)
The above legal description nclj:icles.50.85 feet
frontage on Alki Avenue, in.Greenacres,`Washington.
13.- That from the time of application.for preliminary
commitment for title insurance, preliminary to the .sale of said.proper-
ty; when the lack of proper tax segregation became know, efforts have
been ongoing.to remedy the matter 'through the County Planning Depart-
ment. Applications for Certificates of Exemption.on both parcels
55183.0310 and 55183.0324 have been prepared and presented. Both
Applications for Certificates of Exemption have been denied, and
demand has been made by County Planning. Department for Applications
for Lack of.Public Street Frontage Administrative Exception, under
'Section 14.506.020 7. These Applications are still pending.
14. That .a TAX SEGREGATION ONLY application has been
filed with the County Assessor's Office on. the ground. that the trans-
fer of property necessitating the segregation occurred .prior to -1978:
However, it is the desire of owners of both parcels.that the Adminis-
trative Exceptions be granted for,:both parcels, at this time.
SUBSCRIBED AND SWORN to
August.;.19'91.
Affi. e' 3 of 3
b re. me this day. of
z L
N RY PUBLIC in and for the State
of Washington, residing at.Spokane
My Commission expires: �� 9
August 1, 1991
County Planning Department
N 721 Jefferson
Spokane,WA 9926.0
RE: APPLICATh0N.FOR ADMINISTRATIVE EXCEPTION
DUE TO LACK OF PUBLIC STREET FRONTAGE.
RE: Parcel: #55183.0310 (E 17420 Alki, Greenacres,1M
RE Parcel #55183.0324 (E 17418 Alki, Greenacres,1A)
In 1968 property at E 17418 Alki, Greenacres,
having 62' frontage on Alki Ave,.acquired 12'
SM1,31h
idw ROM
on its west line (June, 1968), increasing its.
frontage to 74'. In August, 1968, it sold 12'
off its east line to .property at E 17420 Alki.
DEL CARY SMITH (1978)
(and .became a nonconforming lot ;'for frontage.)
LAWRENCE CARY SMITH
When property at E 17420 Alki acquired the 12'
PATRICK J. DOWNEY
strip along its west line, this amounted to a
minor lot line adjustment between the two parcels --
reducing property'at E 17418 Alki back. to 62'�
frontage, and increasing property at E 17420 Alki
to 50. 85' frontage on Alki Avenue. (Also nonconform' ng
SUITE 201 FERNWELL BUILDING
lot, although it was nonconforming all along since 53VEJT505RIVERSIDE .
SPOKANE, WASHINGTON 99201-0500
In actuality, the property line existing between
PHONE (509) 624-3241
the two lots was never moved, and remains essen-
tially as it was since 1953 when parcel 55183.032.4
was first established. Several of the lots facing
on Alki Avenue, between Bell'and Corbin Rd, were
forced to adjust their east/west boundary lines -
to conform to legal descriptions delineated by
a survey, during 1968.
Because the sale of 12' to E 17420 Alki Ave
(Parcel #55183.'0310) was not reported to Assessor's
office for tax segregation,,it was not noted by
Assessor's office that property at E 17418 Alki,
(Parcel #55183.0,310 had been reduced back to 62'
frontage on Alki Ave. Both parcels•appear to be
under code requirements. These lots have existed
in their present sizes since 1,953 (except for
the brief period of from June to August, 1968,) and
it is necessary that an administrative exception
_
(variance) be allowed and r the above circumstances.
rely,
AAWNCE CARY SMITH. )
j o __.
Frontage on
Alki Avenue
E— 100.95-
N
i
(A) (.B�. (C)
(A) Parcel 55183.0310 in January, 1953, when the '62 x 465' parcel was
sold off. Tax segregation was done. Parcel 55183.0310 retained
38.85',on Alki.
(B) Parcel 55183.0310 in June, 1968,,when the 62' x 465' parcel acquired
12' on its west line. Parcel.55183.0310 remained unchanged, with
38.8"5' frontage on Alki.
(C) Parcel 55183.0310, when it acquired 12' on its west line August 30,
1968. No tax segregation was done. Established 50.85' frontage on
Alki, __This represents the property as it is today.
vt– �
C5
or Record at Request of
10 SMITH LAW FIRM
W'5"05 RIVERSIDE -STE 201
SPOKANE WA' 99201
PIONEER/TICOR
IIT1,F. ORDER NO. #C -19878.3 -DG
if is cor)cle075 �a.�
5 , Rei ��
STATUTORY WARRANTY DEED
rIII: GRAN EOR , ELVA L. VAN DITTO, Personal Representative of the
Estateof MARIE E.+DEBOER, Deceased,
for iind in consideration of Ten Dollars and other good .and valuable consideration
in hand paid, conveys and warrants to CHADLEY D. RIGBY and PHYLLIS J. RIGBY, husband
and wife, and MATT A. RIGBY, an unmarried person, jointly with right o
rhe futh i � RiKc��l2npaurtr• situated in the County of Spokane State of
Washington:
The East 100.85 feet of Lott 5, EXCEPT the )•rest 50'feet of the
;forth 465 feet thereof, in+ Block 17 of CORBIN ADDITION TO
GREENACRES, according to P�Ilat recorded.in Volume "S" of Plats,.
Page 30, in Spokane.County, Washington:.
(;~lore commonly known as E.; 17420 Alki Ave., Greenacres,
Washington 99016).
SUBJECT TO: 2d half 1991 property.,tax,in sum of $197.19; Provisions
common,to tracts in Corbin Addition to Greenacres,' as shown in certain
conveyance of record imposed prior.l!to,2/12/50; Reservations contained in
deed from Spokane Valley Irrigation Dist. No.'10; Easement for pernetual
.right of way easement for operation/maintenance of irrigation turnout and
appurtenances in favor of USA, recorded 10/15/64, Recording #55731C; and
future assessments by ConsolidatedIrrigtion District #19 and aquifer
protection fees which may be charc,ed by Co.unty.Utility Dept._in accordance
with. Chanter 36.36 RCW.
GRANTEES HEREIN HEREBY AGREE THAT,
THEY WISH TO ACQUIRE TITLE . JOINTLY
WITH R.IGHT'OF SURVIVORSHIP:
�•�_"" ..
MA -7V A. R-LUBY
Dated this 3rd day of June 19 91' .
�......:_..........'........4r...................�....... ..... (Seal)
ELVA L. VAN DITTO, Personal Representa i�
qf. tbe..Es.tate.o.f..MARIE..E.....E).EBO.ER.jscDece sc
SIA•I'E OF WASHINGTON.
County of
Spokane
ELVA L.' VAN DITTO_, Personal Representative of th
On this dtiy personally appeared before mcEstate of MARIE E. DEBOER, Deceased,
to me known to be the individual described in and N•ho executed the within and foregoing •instrument• and acknowledged that
she signed the same as her tree and voluntary act and decd• for the uses and purposes
therein mentioned. 19.91
L%G T
I' QjVra+l• �!nder trq hand and official seal this, 4 ,� day oE'' U LSriP
: J •• ",
Nor it• f'"Mir• in inti%r the State of Washinxron,
`� Snokane
`, - •ns�.: ... residing of ......... ........................................................
f` r Pty Co fission expires ��•7
A I
Op,OL -rRANsA,)vl ERICA TITLE
V K A N (J'E C 0 M P A :4 Y
mo*rmwczr 0.1-SION
3,S -3704C
Had foi, Record at Request of
—L> < 0 r
N
Ay
Cory sed
p
1)"S SPAa xUrf" fot Iccolows U34.
ci
FR fD OR g,-,C0R=
R G Schimienski
r��.4 SEP 4 �g 9 41
tr. CWLANOE?UTY AUDITAUDITORI
MW Y. VA.UL
/77 2.00
Quit Claim Deed
�-Lsb.%r-are_ i t
TM CR.A...'-rok H�LDS and d LULA FI -L,
I" And in Cen.iderbgiqa of Two iiu.-.;::d ::;ollars (5:J0.00)
and .quit cizims to )'k!UE B. DE b0E.R
the 1"At..ins --ri?wA ml cs— rif-ted in the C"01
S7C,:a�4 Sate of 1Cwshin;ton.
t...,dw with 2U niteracquired tide of the melt"kil therein:
':azt 12 _•cet of the East 62 ieet' e thZ..z �1:2 at 0.-:* tneX
at "I
;forth 46S fe6t of the 1/2 of Lot .S in 31ock 17
A:) 1n in the COU- F o:S10�..Iae and $ilze a
s -,or man tl-e-eoi rzr-o Uad -n -100�-. Plats,
7 Co Y
dace 3a, in te
office a the Count. Auditor of t.
tL
' / 'nom .an.. �'
EncW Tx
-
—09478
MERTOYARA. TIGUL
D" this 30th any of August 1968
d ;7
sT.,Li-;: or WASHIN=K.
. TST)okane
pe"onsay oppre"a Won on -S FIELDS and LULA !t.
rW" the ;nd6WuA s &oerih" In end .)a 'hewed the wrl ;thia S�Gwen'14AW irotruw-M. and
sign" L6be-o- their fm andr*IU*tWT &CC 3"A JWL Ibt the
my heed *-d afrk4sl '44 thio. 30 th ds' wf kk't us t '196 3 1.
•ir . -''�- .. - _ _^b tri b •teYM r-" ttr+use to ruts •t war"Ves OWT—
II ty'A-ITY C -"s7 L.
7::• G rnaT s t -D
Di "] 7tRSS Dr'Obir Ito,baai tad wiSsa
+ - `f ian• Coa._7 titaM 31.3ty nt '' tfa+tlitsta■
f_r sot toof Tea ind eo/1S] DoUara &M other ralwabla oorztdwationo
_ !n- hroJ fold. toar•T ww warrant' b 9.iMT;aMZ3 1<1STL. , wife of C. W. VaTw .
• : wA ..e &r_bV" k iaat 217 - n
t't ': r.w'-= d:wTi!td real rlate, wljslw to the CoantTstate Lowman":
•e=S 62 fr+t of tt:�i west 222 rM of t9• rorth 165 font of the 0 of Int S
in ..^.r.Y 17 of CC-7=?f A,7 It't .t] GZ�S1C*a3. in tbe.CawMT of _'VCYata and ^tab t
-t'.'+rMrr;•:o, u rorvD thereof r•eorAed is host •]' of rlatae lxfo )oa is the
ofnto of t?:a Goeser Az!tttor of &aid r4wvYT. i
`t*.•r eet irrirattr+etiearwtYe for the Twar 2953: rrwtvi em ee. to
•::-t• in Cc tton to Gr rermerow e and ribJeet to be aagma►ed tT }
�� _-• :a]lr! 2.-1n�on DiitrtaLmatte Ti2Ur Jiro rrytoo�w Dist+itat fir. 1.
' and C:r_•ln later L_stzt�t.
t� +t tb'• x.•.� der of Jattoar� / f9A 7
k
....,. •�� t.. .. (Sea)
R
L the w]ctrrirml. a I'totarT P}it:1k la utd'fw the awn tared Co®lT sad Lttata.de berehT (swat .
day of Jarn=7 , M 3 Triv—n�P'S"1 beo et we
ttMML Os -"C=, husband and
- t --+a to M i`e fca!rt.wi# larrtbrd to a al wbe er•re:ted the -!thio b xU amt attA ackae-kdctd '
'. • ; .•:-r1 and t-4-1 tti aerie ea their Qwe and noiarrta+7' act and teet for the as" and '
. •. r.trr M]F hart and nMCW peel t+ae ds7 &od Dent Let abase +rrlttea .
]t rr-e Tic +a.l WM+e - �% • _ • '� . `.-
!w w+e. � I wen C _ / =� . •� ,J
�.. - f•'+ /r�r� 1:-T7;3 / rewT•rr•tx P•- emu at w&4dW-4%
OL
4_JP iYi-!Sct.:Its.• .r <^^ i• '.
- .. ......
SPOKANE_. COUNTY PLANNING DEPARTMENT
APPLICATION FORLAC OF PUBLIC. -STREET FRONTAGE
A,DMINIStRAZ TIVE EXCEPTION
[Section 14.506.020 .7.]
;Certificate of Exemption No.: Com. X35-;� Application No.:... ce 2S
Nacre of a licant: SPIITH LAV FIRM PP g es
5 PP A Agent: Y N
"Str86+-address: W 505. Riverside, ;,Ste 2Q1
r
>V City: - Spokane State: WA ZIP
Code:
Pi�OP?E-1�om.e:
1� t j Work Agent's No '624-32,41
Nariii&of vroperty owner(s): _ r.aa;-Nd n 1A dorso„
?�S'h�eyaedress: 17106 E .4th I Ave
Greenacres State: WA ZIP Code: 99016
' rpHONE- Home: 92.6-5:666-
-Work:
FOR STAFF USE ONLY
Li Violation/
Townshl
Section c� 5 Ran e S'
-Lot and le a�19 g ' �T :Enforcement: Y63)
g hocked by: Easement legal checked by. .
-CWSSA Wafer (purveyor): .
X
•ULID Agreement needed:
•Arterial:Road Plan.designatiozi:bCe2'
• Maintenance aU
ent checked by:
Existing zone V -3 Comprefiensiv...e;Plan.aesign:ation,;
Fire District Personnel doing preapp con£.:
Other/previous Planning Department.a6,ti6ni involving this property:
ABOUT. THE PROPERTY.
Existing use of property: Residential
Describe proposed use of the property
Residential
.What is the size of the original parcel if this proposal is a recent or proposed division? N .A
not applicable
Street address of property (if known): 1' E. Alki , Greenacres , WA.
Legal description of property (include easement, if applicable):
The Fast 74 feet o. the .,Wes't 12.2 feet of the Nora-�65�eeeoo the
East half ot Lo,t b in Blocklot _ 1 _ ,
as er p at _ ereo recorded in o =6 o a s '01 ;
eT
,r ,-0 e'et thereefy- situate -gin, a n-ri�
Parcel N o(s).: S i 170 2 4
Source of legal: A''ssessor / Real Estate Contract
.Total amount of adjoining land; controlled;by this owner,sponsor and/or agent: none
:What inierest'do. you (applicant) hold_iu,the- property? -Agent .., . .
Page 1 -of -9
On this day personally appeared.before ire
LAWRENCE CARY SMITH
to me known to be the individual(s) desciribed in and who executed the within and foregoing
instrument, and acknowledged that he/she/they signed the same as his/her/thein free and voluntary
au and deed, for the uses and purposes therein mentioned.
f
August 1, 1991
Spokane County Planning Dept.
I am the .owner of property located at
East Alki, Greenacres, Washington,more particularly de-
scribed as: (being.Parcel #55183.0324)
The East 74 feet of the West 122 feet of the
North 465 feet of the `East half of Lot 5, in
Block 17 of CORBIN ADDITION TO GREENACRES, as
per plat thereof,recorded in Volume "S" of
Plats, Page 30', EXCEPT the East 12 feet there-
of; situate in Spokane County,'Washington.
I hereby appoint the SMITH LAW FIRM as agent for me for
APPLICATION FOR ADMINISTRATIVE EXCEPTION DUE TO LACK OF PUBLIC
STREET FRONTAGE,.concerning the above property._
MARVIN ANDERSON
- NIARLA A. ANDERSON
cc: SMITH LAW FIRM
W. 505 Riverside,,Ste 201
Spokane, WA 99201
ArF.IDAVIT CONCERNING CONTINUOUS USE
• OF -PROPERTY QWPT5TNG.12' DRIVEWAY
STATE . OF WASHINGTON,)
ss..
County of Spokane.)
ELVA L. VANDITTO and 1 ROYAL M. DEBOER, each being first
duly sworn, .upon Oath, deposes and says:
We are two of the surviving children of Roland W. DeBoer
(who died June, 1967) and Marie E''. DeBoer (who died July, 1990), and
make this affidavit for the purpose of clarifying the issue of frontage.
on Alki Avenue, in Greenacres,.Washington, of property belonging to
Roland W. and Marie E. DeBoer, located at 17420 E. Alki, Greenacres,
Washington.
.1. e know of our own knowledge and personal recollection
W
that prior to January 22, 1953, our parents owned property located in
the East half of Lot 5, in Block 17 of CORRIN ADDITION TO GREENACRES
in Spokane County, Washington.
2. That as of January 22,. 1953,.our parents executed
a deed- to.Sophy.Thiebes Whitman, ,,,wife of C.W: Whitman, conveying
property, having a 62' frontage on AlkiAvenue, which was described.
as follows:
The. -east 62 feet of"the west 122 feet of the north
465.feet of the East 1/2 of.Lot 5, in Block 17 of.
CORB IN ADDITION TO GREENACRES, in the County of
Spokane and'State of Washington, as per map thereof
recorded in Book "S" of Plats, page 30, in.the
office of the County Auditor of said County.
3. That our parents at the time of the above. transfer,
believed that they had retained a 50 foot frontage on Alki Avenue.
This 50 foot .frontage, which our, parents had used continuously as
their home for many years prior to January 22, 1953'. included their
driveway, located along the established west line of their home property.
4. That when the above described property was conveyed
to Mrs. Whitman, our parents continued to use their driveway, measuring
about 12 feet in width, and continued to use their driveway for approxi-:.
mately another fifteen years. That over the years a fence was established
along the existing property line as it was believed to be by our parents
and their neighbors to the west. That no mention was ever. made of any
claim to the 12' driveway as having belonged to the neighbors on the
west, although the property to the west changed. hands a number of times
during that period.
.5. In 1968 a review of the various properties located
along Alki Avenue west of.our parents' home (caused as we were told
-at the time by a recent survey of property for Erret's Addition) disclosed
that some error existed in the actual location of some property,;`: -.nes
in that area --that the existing legal descriptions did not �1'� Ile it with
he property lines actually in use at that time. �.
h CE IF THAT .TBiI5 - AND`
r
Y
COR CT COP THE �_ DOCUMLIQT.
Affidavit - Page 1 of 3
JO DEBOER, NOTARY PUE.L
6. This resulted in a general 'move over' by several
of the property owners to the west of our parents property, including
the 62 foot parcel (known as Parcel #55183.0324).
Then owners of the above parcel (FIELDS) acquired
12 feet on their west line in June 4, 1968, (for a'then total of 74
feet), but within three months, -transferred 12 feet from their east
property line to our parents (reducing the frontage on Alki Avenue
of Parcel 55183.0324 back to 62 feet.) The 62 feet._then owned by
owners (FIELD) was the self-sameiiidentical 62 feet used and enjoyed
by property owners of that parcel since originally purchased from our
parents in 1953.
7. The 12 feet acquired along our parents' west boundary
line was the same 12' driveway they had always used and.enjoyed, and
considered their own.
8. A calculation of the footage remaining to our parents
in the east half of Lot 15, Block 17 of CORBIN ADDITION TO GREENACRES
after the sale of 62 feet to Mrs: Whitman in 1953, shows that only 38.85
feet remained of'their frontage on Alki Avenue (Parcel #55183.0310),
although they had continued to use and.enjoy the '50 fee.t since 1953.'
9.. The 50.85 foot frontage on Alki Avenue then owned by
our parents was the self -same identical 50.85 feet used and enjoyed
by our parents since they originally sold the 62 'feet immediately
west of the property to Mrs. Whitman in 1953.
10. That the error in remaining frontage on Alki Avenue
owned by our parents after the transaction of 1953 was unknown on
the part of our parents: That during the period of time.from 1953 to
1968 when the error was discovered, no mention was ever made by any
neighbor owning or tenanting Parcel 55183.0324 concerning a claim to use or
ownership of the 12 foot driveway used by our parents; that the boundary
line established on the ground in .1953 was never disputed until 1968.
That when the error and inadvertence was discovered in 1968,
a transfer of the 12 foot driveway area was legally executed to our
Mother, by quit claim deed dated August 30, 1968, recorded September 4,.
1968, under Auditor'.s number 383704C. The quit claim deed was drafted
and .recorded by Attorney Robert,G. Schimanski-- excise tax was paid
(receipt #09478); and Washington State tax stamp was affixed. That
our mother, and her adult children, considered that the matter was
completed. She was not advised that it was necessary to advise tax-
ing authorities of this transfer.
11. Our father
paid no real property taxes
exemption. She was unaware
property remained as taxed
She was unaware that a tax
expected to have been done.
fi.Page 2. of 3
4' t.
had died the year before, and our mother
as a.result.of a senior citizen's low income
.over the years that the 12 foot driveway
under her neighbor's parcel #55183.0324.
segregation.was not done, or that one was
12.That it wasn't until after ourmother.'s death, and
subsequent sale of the home property that we became aware of the lack
of segregation for tax purposes. The sale of the property has now
-been completed; as of June, 1 991', and TICOR TITLE.INSURANCE CO'. has
issued their policy of .owner's title insurance, insuring the present
owners of 17420 E. Alki',. Greenacres, WA (Parcel #55183.0310 and other
property) .
The East 100.85 feet of Lot 5, EXCEPT.the. West 50
feet of the North 465i" feet thereof, in Block 17
of CORBIN ADDITION TOI�GREENACRES, according to
Plat recorded in Volume. S" of Plats, Page 30, in
Spokane.County;. Washington.
(More commonly known1as E. 17420 Alki Avenue,
Greenacres, Washingtdn 99016)
The above legal description'incl).jdes 50.85 feet
frontage on Alki Avenue, -in Greenacres, Washington.
a
13. That from the time of application for preliminary
commitment for title insurance, preliminary to the sale of said proper-
ty, when the lack of.proper tax segregation became know, efforts have
been ongoing to remedy the matter through the County Planning Depart-
ment. Applications for Certificates of Exemption on both parcels
55183.0310' and 55183.0324 have been prepared and presented.. Both
Applications for'Certificates of';Exemption have been denied, and
demand has; been made by County. Planning Department for Applications
for Lack of Public Street Frontage Administrative Exception, under
Section 14.506.020 7. These Applications are still pending.
14. That a TAX SEGREGATION ONLY application has been
filed with the -County Assessor's Office on the ground that the trans-
fer of property necessitating the segregation occurred prior to 1978..
However, it is the desire of owners of both parcels that the Adminis-
.trative Exceptions be .granted for -both parcels, at this time.
SUBSCRIBED AND
'August, 1991.
n n
Aff.-
P:acre 3 of 3
SWORN to §
e me this / day of
NQTARY.PUBLIC in and for the State
of -Washington, residing at Spokane
My Commission expires: �- -7- 9
August 1, 1991
County Planning Department
N 721 Jefferson.
_Spokane,WA 99260
RE: APPLICATION FOR ADMINISTRATIVE EXCEPTION
DUE TO LACK OF PUBLIC STREET FRONTAGE.
RE: Parcel. #55183.0310 (E.17420 Alki, Greenacres,V
RE Parcel #55183.0324.(E 17418 Alki, Greenacres,V
In 196.8 property at E 17418 Alk;i, Greenacres,
having 62' frontage, on Alki Ave;, acquired 12'
on its west line (June, 1968), ;increasing its
frontage to 74'. In•August, 19,68, it sold 12'
off its east line.to.pro-pertyy at E 17420 Alki.
(and became a..nonconforming lot, for frontage.)
When property at E 17420 Alki acquired the 12'
strip along its west line, this amounted to a
minor lot line adjustment between the two parcels --
reducing property at E 17418 Alki back to 62'
frontage;, and increasing property at.E 17420 Alki
to 50.85:' fronta e on Alki Avenue. (Also nonconform�
lot, althoughit �.as nonconforming -all.. along:.since 7
In actuality, the property line existing between
the two lots was -never moved, and remains essen-
tially as it was since 1953 when parcelt:.55183.0324
was first established. Several of the lots facing
on Alki Avenue, between Bell and Corbin Rd, were
forced to adjust their east/west boundary lines
to conform to legal descriptions delineated by
a survey, during 1968.'.
Because the sale of 12' to E 17420 Alki Ave
(Parcel. #55183-0310) was not reported to Assessor's
office for tax segregation, it was not note y
Assessor's office that property at E 17418 Alki,
(Parcel,#55183.0310 had been reduced back to 62'
frontage on Alki Ave. Both parcels appear to be
under code requirements. These lots have existed
in their present sizes since 1953 (except for
the brief period.of from June to August, 1968,) and
itis necessary'that.an administrative exception
�.(v iance) be a l d under the above circumstances
S c y►
LAWRENC C RY. SMITH
A
Smith law firm
DEL CARY SMITH (1978)
LAWRENCE CARY SMITH
PATRICK). DOWNEY
.g SUITE 201 FERNWELL BUILDING
5 3VEIT..505 RIVERSIDE .
SPOKANE. WASHINGTON 99201-0500
PHONE (509) 624-3241
Frontage Frontage Frontage
� Alki Ave 7�1� Alki Ave G,a�. Alki Ave
(A)
(C)
(B.)
(A)
Parcel #55183.0324, as established
by deed
dated January 22, 1953
with 62' frontage on Alki�.
on -E. lin(
(B)
Parcel #55183.032..4, as established
by. -.deed
dated June 4, 1968,.'acquiring/
12', showing total of 74' -frontage
on Alki..
Segregation for tax
purposes was done. This is the property 7iow.shown
on Assessor's records.
(C)
Parcel #55183.0324, as established
by deed
da -ted August 30, 1968,
when 12' was sold off on the east property
line. This is the actual'
parcel as it exists today, with 62'
frontage
on.Alki. Segregation
tax purposes was not done._
1�
If .
�/j�` �_ U� �J
ii
i
I 29D. 3,5
C-