2014, 05-14 Separate Lot VE-12-81*Wa
Valleyj.
Permit Center
Community Development
11703 E Sprague Ave, Suite B-3 ♦ Spokane Valley WA 99206
509.720.5240 ♦ Fax: 509.688.0037 ♦ permitcenter®spokanevalley.org
Memorandum
To: 10915 East Empire FILE; and
10917 East Empire FILE
From: Karen Kendall, Planner
Date: May 14, 2014
Re: Correction to show lot separated into 2 lots per VE -12-81
Iry Kenney (power of attorney) on behalf of owner, Charlotte Raleigh inquired today (5-14-
14) regarding why the lot line did not exist on parcel 45043.0307 between 10915 and 10917
East Empire Avenue.
I discovered the following;
1. Land action in 1981 through VE -12-81; Variance to relax the frontage requirements.
a. The land action separated the parcel into two lots.
b. Legal descriptions for both new properties (attached).
c. Two actions were required as conditions of approval affecting the property
division;
i. Indemnity Agreement (attached); and
ii. 20 foot easement along the west property line for access to 10915 East
Empire Avenue. Could not find record of easement in files or with
Spokane County Auditor's Office.
2. Building permit for a manufactured home residence on 10915 East Empire Avenue
approved in 1985 (site plan attached).
Next steps:
1. Need copy of recorded easement, if exists or prepare and record easement to satisfy
requirement. I discussed with Iry at the Planning Counter on 5-14-14 the need for the
easement. I am waiting on him to provide the document.
2. City will prepare a segregation form providing a copy of the legal descriptions, VE -
12 -81 decision, indemnity agreement, recorded access easement.
a. May need to prepare a map to visually show lot line location.
Attached: Iry Kenney's power of attorney
Legal descriptions for both lots
Indemnity agreement
Site plan from building permit in 1985
DURABLE POWER OF ATTORNEY
1. Designation. The undersigned (the "Principal") designates Irvin F. Kenney attorney-
in- fact for the principal.
2. Effectiveness; Duration. This power of attorney shall become effective immediately,
shall not be affected by the disability or incompetence of the Principal, and shall continue until
revoked or terminated under paragraph 4, notwithstanding any uncertainty as to whether the Principal
is dead or alive.
3. Powers. The attorney-in-fact shall have all of the powers of an absolute owner over
the assets and liabilities of the Principal, whether located within or without the State of Washington.
These powers shall include, without limitation, the power and authority specified below.
3.1 Real Property. The attorney-in-fact shall have authority to purchase, take
possession of, lease, sell, convey, exchange, mortgage, release and encumber real property or any
interest in real property.
3.2 Personal Property. The attorney-in-fact shall have authority to purchase,
receive, take possession of, lease, sell, assign, endorse, exchange, release, mortgage and pledge
personal property or any interest in personal property.
3.3 Financial Accounts. The attorney-in-fact shall have the authority to deal with
accounts maintained by or on behalf of the Principal with institutions (including, without limitation,
banks, savings and loan associations, credit unions and securities dealers). This shall include the
authority to maintain and close existing accounts, to open, maintain and close other accounts, and to
make deposits, transfers, and withdrawals with respect to all such accounts.
3.4 United States Treasury Bonds. The attorney-in-fact shall have the authority to
purchase United States Treasury Bonds which may be redeemed at par in payment of federal estate
tax.
3.5 Moneys Due. The attomey-in-fact shall have authority to request, demand,
recover, collect, endorse and receive all moneys, debts, accounts, gifts, bequests, dividends,
annuities, rents and payments due the Principal.
3.6 Claims Against Principal. The attomey-in-fact shall have authority to pay,
settle, compromise or otherwise discharge any and all claims of liability or indebtedness against the
Principal and, in so doing, use any of the Principal's funds or other assets or use funds or other assets
of the attorney-in-fact and obtain reimbursement out of the Principal's funds or other assets.
3.7 Legal Proceedings. The attorney-in-fact shall have authority to participate in
any legal action in the name of the Principal or otherwise. This shall include (a) actions for
attachment, execution, eviction, foreclosure, indemnity, and any other proceeding for equitable or
injunctive relief and (b) legal proceedings in connection with the authority granted in this instrument.
DURABLE POWER OF ATTORNEY - 1
5. Accounting. Upon request of the Principal or the Guardian of the estate of the
Principal or the personal representative of the Principal's estate, the attorney-in-fact shall account for
all actions taken by the attomey-in-fact for or on behalf of the Principal.
6. Reliance. Any person acting without negligence and in good faith in reasonable
reliance on this power of attorney shall not incur any liability thereby. Any action so taken, unless
otherwise invalid or unenforceable, shall be binding on the heirs and personal representatives of the
Principal.
7. Indemnity. The estate of the Principal shall hold harmless and indemnify the
attomey-in-fact from all liability for acts done in good faith and not in fraud of the Principal.
8. Applicable Law. The laws of the State of Washington shall govern this power of
attorney.
DATED: March 19 , 2014
Charlotte M. Raleigh
STATE OF WASHINGTON
: ss.
COUNTY OF PEND OREILLE )
On this day personally appeared before me Charlotte M. Raleigh, to me known to be the
individual described in and who executed the within and foregoing instrument, and acknowledged
that she signed the same as her free and voluntary act and deed, for the purposes therein mentioned.
GIVEN under my hand and official seal on this 4-f day of March, 2014.
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DURABLE POWER OF ATTORNEY - 3
THAT PORTION OF LOTS 14 AND 15, BLOCK 3, GRANDVIEW ACRES, ACCORDING
TO PLAT RECORDED.IN VOLUME "K" OF PLATS, PAGE 12, IN SPOKANE COUNTY,
WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF LOT 15; THENCE SOUTHWESTERLY
ALONG THE SOUTHEASTERLY LINE OF SAID LOT, A DISTANCE OF 100 FEET;
THENCE NORTHWESTERLY ON A LINE PARALLEL -WITH THE NORTHEASTERLY LINE
OF LOT 15, A DISTANCE OF 158 FEET TO THE TRUE POINT OF BEGINNING; THENCE
SOUTHWESTERLY ON A LINE PARALLEL WITH THE S_O_UTHEASTERLY LINE OF LOTS
14 AND 15, TO THE SOUTHWESTERLY LINE OF LOT 14; THENCE NORTHWESTERLY
ALONG THE SOUTHWESTERLY LINE OF SAID LOT, TO. THE SOUTHEASTERLY RIGHT
OF WAY LINE OF THE SPUR TRACK OF THE SPOKANE INTERNATIONAL RAILWAY;
THENCE NORTHEASTERLY ALONG SAID SPUR TRACK RIGHT OF WAY TO A POINT
ON A LINE DRAWN PARALLEL WITH AND 100 FEET SOUTHWESTERLY OF THE
NORTHEASTERLY LINE OF LOT 15; THENCE SOUTHEASTERLY, PARALLEL WITH
THE NORTHEASTERLY LINE OF SAID LOT 15, TO THE TRUE POINT OF
BEGINNING.
EXCEPTING THEREFROM THAT PORTION LYING SOUTHWESTERLY OF A LINE
DRAWN PARALLEL WITH AND 4 FEET NORTHEASTERLY OF THE SOUTHWESTERLY
LINE OF LOT 14.
THAT PORTION OF LOTS 14 AND 15, BLOCK 3, GRANDVIEW ACRES., ACCORDING
TO PLAT RECORDED IN VOLUME "K" OF PLATS, PAGE 12, IN SPOKANE COUNTY,
•
WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 15; THENCE SOUTHWESTERLY
ALONG THE SOUTHEASTERLY LINE OF SAID LOT, A DISTANCE OF 100 FEET TO
THE TRUE•POINT OF BEGINNING; THENCE NORTHWESTERLY ON. A LINE PARALLEL
.WITH THE NORTHEASTERLY LINE QF LOT 15, A DISTANCE OF 158 FEET; THENCE
SOUTHWESTERLY ON A LINE PARALLEL WITH THE SOUTHEASTERLY LINE OF LOTS
14 AND 15, TO THE SOUTHWESTERLY LINE OF LOT 14; THENCE SOUTHEASTERLY
ALONG SAID SOUTHWESTERLY LINE, TO THE SOUTHWESTERLY CORNER OF LOT 14;
THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY LINE OF LOTS 14 AND 15
TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION LYING SOUTHWESTERLY OF A LINE
DRAWN PARALLEL WITH AND 4 FEET NORTHEASTERLY OF THE SOUTHWESTERLY
LINE OF LOT 14.
INDE'4NITY AGREEMENT'
TRIS INDEMNITY AGREEMENT made and entered into this
day of 1.4 , 19 ' 1 , by and between
C"%f/f,4 etc' 7�� 1 f>, { , hereinafter referred to as the
"Indemnitor," and Spokae County, a political subdivision of
the State of Washington having offices for the transaction
of business at West 1116 Broadway Avenue, Spokane, Washington
99260, hereinafter referred to as the "Indemnitee," jointly,
hereinafter referred to along with the Indemnitor as the
"Parties.
W ITNESSET H:
WHEREAS, the Board of County Commissioners of Spokane
County pursuant to the provisions of the Revised Code of Wash-
ington Section 36.32.120 (6) has the care of County property
and the management of County funds and business; and
WHEREAS, the provisions . of Chap. 58.17 RCW regulate
the subdivision of land within Spokane County; and
WHEREAS, RCW Section 58.17.210 authorizes the issuance
of building permits on lots, tracts, or parcels of land divided
in violation of Chap. 58.17 RCW or -short plat ordinances adopt-
ed pursuant thereto when the issuing authority finds that the
public interest will not be adversely affected thereby or the
lots, tracts or parcels are purchased by an innocent purchaser
for value without actual notice; and
WHEREAS, the Indemnitor hereinafter has segregated
and/or is now the owner and/or builder of a certain parcel(s) of
property which has (have) been created in violation of
Chap. 58.17 RCW and desires to obtain a building permit on
said parcel;
NOW, THEREFORE, for and in consideration of Spokane
County through the Spokane County Building Codes Department
releasing a building permit on that attached segregated par-
cel(s) of property attached hereto as Attachment "A", and in-
corporated herein by reference and a finding by the Spokane
County Planning Department that the issuance of such build-
ing permit(s) will not be contrary to the public interest, the
indemnitor hereby agrees for indemnitor' s. successors and
assigns to indemnify and hold harmless the indemnitee, its
successors and assigns and all its officers and employees
against any and all actions, causes of action, claims,
demands, damages, costs, expenses (including attorneys' fees)
suits and compensation on account of or in any way growing
out of damages which maybe claimed by any person including
builders to themselves or their property, either personal or
real, by reason of Spokane County through the Spokane County .
Building Codes Department issuing a building permit(s) on
that (those) parcel(s) of property attached hereto as Attachment
"A", and incorporated herein by reference. It is understood
that all other provisions of federal, state and local laws,
ordinances, and regulations must be complied with by the
indemnitor in conjunction with the issuance of a building
permit(s) on that (those) parcel(s) of property attached
hereto as Attachment "A".
THAT PORTION OF LOTS 14 AND 15, BLOCK 3, GRANDVIEW ACRES, ACCORDING
TO PLAT RECORDED IN VOLUME "K" OF PLATS, PAGE 12, IN SPOKANE COUNTY,
WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 15; THENCE SOUTHWESTERLY
ALONG THE SOUTHEASTERLY LINE OF SAID LOT, A DISTANCE OF 100 FEET TO
THE TRUE POINT OF BEGINNING; THENCE NORTHWESTERLY ON A LINE PARALLEL
WITH THE NORTHEASTERLY LINE OF LOT 15, A DISTANCE OF 158 FEET; THENCE
SOUTHWESTERLY ON A LINE PARALLEL WITH THE SOUTHEASTERLY LINE OF LOTS
14 AND 15, TO THE SOUTHWESTERLY LINE OF LOT 14; THENCE SOUTHEASTERLY
ALONG SAID SOUTHWESTERLY LINE, TO THE SOUTHWESTERLY CORNER OF LOT 14;
THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY LINE OF LOTS 14 AND 15
TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION LYING SOUTHWESTERLY OF A LINE
DRAWN PARALLEL WITH AND 4 FEET NORTHEASTERLY OF THE SOUTHWESTERLY
LINE OF LOT 14.
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THAT PORTION OF LOTS 14 AND 15, BLOCK 3, GRANDVIEW ACRES, ACCORDING
TO PLAT RECORDED IN VOLUME "K" OF PLATS, PAGE 12, IN SPOKANE COUNTY,
WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF LOT 15; THENCE SOUTHWESTERLY
ALONG THE SOUTHEASTERLY LINE OF SAID LOT, A DISTANCE OF 100 FEET;
THENCE NORTHWESTERLY ON A LINE PARALLEL WITH THE NORTHEASTERLY LINE
OF LOT 15, A DISTANCE OF 158 FEET TO THE TRUE POINT OF BEGINNING; THENCE
SOUTHWESTERLY ON A LINE PARALLEL WITH THE SOUTHEASTERLY,_._L1_NE OF LOTS
14 AND 15, TO THE SOUTHWESTERLY LINE OF LOT 14; THEN�C'E NORTHWESTERLY
ALONG THE SOUTHWESTERLY LINE OF SAID LOT, TO THE SOyTHEASTERLY Al_.GHT-. 9:6;5 v}
OF WAY LINE -OF THE SPUR TRACK OF THE SPOKANE INTERNATT�IONAL RAIiIIWAY;
THENCE NORTHEASTERLY ALONG SAID SPUR TRACK RIGHT OF WAY,TO_A''POINT
ON A LINE DRAWN PARALLEL WITH AND 100 FEET SOUTHWESTERLY OF THE
NORTHEASTERLY LINE OF LOT 15; THENCE SOUTHEASTERLY, PARALLEL WITH
THE NORTHEASTERLY LINE OF SAID LOT 15, TO THE TRUE POINT OF
BEGINNING.
EXCEPTING THEREFROM THAT PORTION LYING SOUTHWESTERLY OF A LINE
DRAWN PARALLEL WITH AND 4 FEET NORTHEASTERLY OF THE SOUTHWESTERLY
LINE OF LOT 14.
The indemnitor agrees at the option of the indemnitee
to defend against any claims brought or actions sought against
the indemnitee with respect to the subject of the indemnity
contained herein, whether such claims or actions are rightfully
or wrongfully brought or filed.
The indemnitor agrees to reimburse the indemnitee for any
necessary expenses, attorneysfees or costs incurred in the
inforcement of any part of this agreement.
This Indemnity Agreement contains the entire agreement.
between the parties hereto. The terms of this release are
contractual and not merely a recital.
The indemnitor states that he has carefully read the
foregoing Indemnity Agreement, knows the contents thereof, and
that he has signed the same as his own free act and decd.
The indemnitor further states that he has been advised
to contact legal counsel prior to executing this agreement.
IN WITNESS WHEREOF, this agreement has been executed on
the day and year set forth hereinabove.
SUBSCRIBED and SWORN to before me thi
.izX�-ttictiw� , 198.
ATTEST:
VERNON W. OHLAND
Clerk of the Board
Deputy Clerk
/4,
Notary Public in and for the -State
of Washington, residing at Spokane
of
vi
BOARD OF COUNTY COMNLISSIONERS
OF SPOKANE COUNTY, WASHINGTON
BEFORE THE ZONING ADJUSTOR OF
SPOKANE COUNTY, WASHINGTON
IN THE MATTER OF:
APPLICANT: CHARLOTTE RALEIGH )
REQUEST: RELAXATION OF FRONTAGE REQ. )
COUNTY CODE: 4.104.040
DECISION
FINDINGS OF FACT
CONCLUSION OF LAW
FILE NUMBER: VE -12-81
PARCEL #: 04543-0307 and 0309
DATE OF HEARING: February 11, 1981
DATE OF DECISION: February 13, 1981
DATE OF WRITTEN DECISION: Feb. 19, 1981
DECISION
The application is approved.
INTRODUCTION
This matter being the consideration by the Zoning Adjustor for Spokane
County and pursuant to Chapter 4.25, Section 4.25.010, the Zoning Adjustor
has the authority to hear and decide such matters coming before him. After
conducting a public hearing to receive all public testimony and after review-
ing the public record, examining available information, and visiting the pro-
perty and surrounding area, the Zoning Adjustor in accordance with Chapter
36.70.810 Revised Code of Washington, and Section 4.25.030 of the county
zoning ordinance hereby makes the following Findings of Fact and Conclusions
of law hereinbelow stated.
The applicant, Charlotte Raleigh, filed an application on January 15,
1981 requesting a variance approval for relaxation of the required oublic road
frontage in order to construct a single family residence on a parcel of land
1 1/4 acre in size. The property is located on Empire Avenue East of Spokane
in Section 11, Township 25, Range 44.
c
This matter was heard before the Zoning Adjustor on February 11, 1981.
After receiving public testimony and accepting the file from the Clerk
to the Zoning Adjustor placed this matter under advisement for review and
decision.
That on February 13, 1981, the Zoning Adjustor having completed review
of the file concluded there are sufficient grounds to support a decision of
approval.
FINDINGS OF FACT
I.
The site is zoned agricultural which permits one single family residence
on a parcel of land 12,500 square feet in size and having at least 100 feet
of public road frontage. The applicant's parcel contains an existing single
family residence and in order to create another building site, a variance
approval was required.
II.
The applicant had testified that the existing residence was deteriorating
and in need of repair. The -second residence would become the applicant's
residence while repairing the existing structure.
The access will be by a non-exclusive easement located at the westerly
nortion of the subject property. The easement has not been described nor re-
corded at the time of filing this application.
PAGE 2
VE -12-81
IV.
All matters before the Zoning Adjustor are reviewed by agencies of
jurisdiction with the following agencies submitting recommendations to the
Zoning Adjustor for consideration:
SPOKANE COUNTY ENGINEERS OFFICE: No response was received.
SPOKANE COUNTY UTILITIES DEPARTMENT: No response was received.
SPOKANE COUNTY HEALTH DISTRICT: In a memo dated February 4, 1981, it was
noted that the project site is located over the Spokane Aquifer and within
thewater service area of Irvin Water District. It was recommened that water
service be coordinated through the Director of Utilities and that on-site
sewage disposal system shall be approved by the Health Office. Further, it
was recommended that the applicant shall agree not to protest legal assessments
to provide central sewerage service to this lot.
SPOKANE COUNTY PLANNING DEPARTMENT: The file contains memorandums that the
proposal does not fall within the jurisdiction of the Shoreline Management Act
and that the division of land may be created with the execution of an Indemnity
Agreement.
The Clerk of the Zoning Adjustor presented the file at the hearing noting that
it was found complete and ready for hearing by the Planning Department.
V.
From on-site review, the Zoning Adjustor finds that the proposed easement
access is adequate to provide legal and physical access to the subject pro-
perty. That sight visibility to Empire Avenue is good for safe vehicular
access.
VI.
The opportunity was afforded at the hearing to any interested persons to
testify regarding the applicant's proposal. No one appeared nor any written
comments were received in opposition.
VII
Any Conclusions of Law stated hereinbelow which is deemed a Finding of
Fact is hereby adopted as the same.
From these Findings of Fact, the Zoning Adjustor concludes these:
CONCLUSIONS OF LAW
That the Zoning Adjustor of Spokane County has jurisdiction over the
issuance of the building permit for the project to the applicant pursuant to
the provisions of Chapter 36.70.810 RCW and Section 4.25.030 of the Spokane
County Zoning Ordinance.
II.
That the applicant submitted an application to the Planning Department
requesting a public hearing before the Zoning Adjustor, and that pursuant to
Chapter 36.70.8409and Section 4.25.040 of the zoning ordinance, notice for a
Public hearing was given through the United States mail to all property owners
within a radius of 300 feet from the subject property.
That all citizens notified and agencies having jurisdiction were afforded
the opportunity to testify or submit written comments on the proposed project.
PAGE 3
VE -12-81
IV.
That in review of the assessor's mans for this general vicinity, it is
found that there are other divisions both smaller and larger in size which do
not have the required frontage on a public maintained road as specified by
the zoning ordinance. Therefore, this action does not constitute the granting
of a special privilege inconsistent with the limitation placed upon other pro-
perti.es in the vicinity and under the same zone classification as cited in
Chapter 36.70.810. RCW, and if denied, the applicant would be deprived of a
minimum and basic right to construct a single family residence on a parcel of
land which. has been found to be sufficient in size to support such a use.
V.
The Zoning Adjustor finds that the proposed use on a parcel consisting
of 1 1/4 acres and having physical access is a reasonable request for relaxa-
tion of the zoning ordinance. Denial would be an unreasonable imposition upon
the applicant.
VI.
That this action was taken after finding that the public.health, safety.
and general welfare will notbe infringed upon. That furthermore, this action
conforms to the intent of the zoning ordinance and general comprehensive plan
adopted for Spokane County. That reasonable assurance have been provided to
guarantee that adequate access will be provided.
VII.
The Zoning Adjustor finds that the applicant's project would be compatible
to the surrounding neighborhood and would be improving the subject property
with new construction.
CONDITIONS OF APPROVAL
I.
That the proposed project shall be in substantial conformance to the plot
plan on file with this application, and shall observe all setback requirements
as provided by the Spokane County Zoning Ordinance.
II,
That an on-site sewage disposal system shall be approved by the County
Health Officer..
III.
That the subject property shall not be further subdivided unless said
division is in compliance with Chapter 58.17 RCW and applicable county ordin-
ance governing such divisions. Any such divisions shall be in compliance
with the adopted comprehensive plan.
IV.
The applicant shall obtain the required building permits before commencing
construction.
V.
That prior to the issuance of a building permit, the applicant shall
complete the following:
1) That an Indemnity Agreement be executed with Spokane County creating
a legal division of land. for building purposes.
•
PAGE 4
VE -12-81
2) That a non-exclusive easement be legally described and recorded
with the County's Auditor's Office. Said easement description
shall be at least 20 feet in right of way width and located on
the westerly portion of subject property.
ENTERED THIS qDAY OF 1 e:%,;,:, ::.-, , 1981 PURSUANT TO THE
AUTHORITY GRANTED UNDER COUNTY CODE, (SECTION 4.25.
ATT= BY:
C(�LCl�i
CLERK TO THE L0
�r IN ADJUSIYOR
THOMAS L. DAVIS
ZONING ADJUSTOR FOR SPOKANE
COUNTY, WASHINGTON
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