HomeMy WebLinkAbout20211229162239340 C ° Building Department
Memo
To: Kathy Janke, Land Use Permits Manager
From: Don Measamer, DRG, Fred Buckenmeyer
Date: 1/24/2007
Re: Boundary Line Adjustment—Escher/Ford/Miller/Gere—E Avenue
The Development Review Group discussed the E Avenue proposed Boundary Line
Adjustment at the January 24, 2007 DRG meeting and recommend moving ahead with the
proposal. Please share the attached comments from Steve Lange with the applicant.Thank
you.
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TO Don Measamer, Steve Lange
FROM Planning Department/Land Use Permits
RE Revisions to Escher Boundary Line Adjustment
DATE February 22, 2007
Please find attached:
• Cover letter
O Revised drawing
Geomatic Consultan
t
ther Leslie C.Olsen,PLS-Owner
eyorRegistration No.19637
Sury
February 16, 2007
Ms Kathy Janke
Land Use Permit Manager
City of Anacortes
P.O. Box 547
Anacortes, WA 98221
Re: Resubmit BLA
Dear Ms Janke:
On behalf of Donald F. Escher, Robert A. and Ida M. Ford, Stephen J. and Betty E. Miller, and
Laurie M. Gere,this is request for a formal review of the proposed Boundary Line Adjustment
(BLA) located in the Southwest Quarter of Section 35, Township 35 North,Range 1 East, W.M.,
Skagit County, Washington.
The proposed BLA will re-apportion the jointly owned 33 foot by 1125 foot parcel, identified as
parcel P32137 by the Skagit County Assessor. The re-apportionment of P32137 will re-
apportion the 33 foot parcel according to the parcel lines of Escher(P32130),Ford(P32131),
Miller(P32126)and Gere(P32125). This would change the ownership of the 33 foot parcel of
one-quarter each,to Escher and Ford owning 28.1%,Miller 26.3%, and Gere 17.5%.
FairWeather Surveyor performed a field survey of the area in October,2006. Located property
corners were tied on the west side of E Avenue and the east property line of the Plat of the
Orchards. Accounting for E Avenue and the properties of Escher, Ford,Miller and Gere, a
consistent 33 foot parcel was found remaining. The newly formed areas of the 33 foot parcel
will be combined with the"Mother"parcels owned by Escher, Ford, Miller and Gene. No new
parcels will be created by this BLA application.
Changes and additions have been made, as staff requested. I am submitting one paper copy for
staff, Steven Lange to check. When approved, I will submit signed mylars,eight copies of the
same. The City holds the Subdivision Guarantee to the proposed BLA.
If you have any questions or concerns,please contact me at 293-4787.
'ncere ,
Leslie C. Olsen, PLS
Phone:360.293.4787
FairWeatherSurveyor n,Hotmail.com
1419—15th Street,Anacortes,WA 98221
. Ak,
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TO Ed Frank, Don Measamer (DRG), Fred Buckenmeyer; Mike King, Dan Harju, Gary
Robinson, Rick Harvey
FROM Planning Department/Land Use Permits
RE Boundary Line Adjustment— Escher/Ford/Miller/Gere — E Avenue
DATE January 12, 2007
Please find attached:
iji Cover letter
O Subdivision Guarantee
O Drawing
Please refer comments to the Development Review Group — thank you
Geomatic Consultant
FairWeather Leslie C.Olsen,PLS-Owner
4 ey®r Registration No.19637
January 9, 2007
Ms Kathy Janke
Land Use Permit Manager
City of Anacortes
P.O. Box 547
Anacortes, WA 98221
Dear Ms Janke:
On behalf of Donald F. Escher,Robert A. and Ida M. Ford, Stephen J. and Betty E. Miller, and
Laurie M. Gere,this is request for a formal review of the proposed Boundary Line Adjustment
(BLA) located in the Southwest Quarter of Section 35, Township 35 North, Range 1 East, W.M.,
Skagit County, Washington.
The proposed BLA will re-apportion the jointly owned 33 foot by 1125 foot parcel, identified as
parcel P32137 by the Skagit County Assessor. The re-apportionment of P32137 will re-
apportion the 33 foot parcel according to the parcel lines of Escher(P32130), Ford(P32131),
Miller(P32126)and Gere (P32125). This would change the ownership of the 33 foot parcel of
one-quarter each, to Escher and Ford owning 28.1%, Miller 26.3%, and Gere 17.5%.
FairWeather Surveyor performed a field survey of the area in October, 2006. Located property
corners were tied on the west side of E Avenue and the east property line of the Plat of the
Orchards. Accounting for E Avenue and the properties of Escher, Ford, Miller and Gere, a
consistent 33 foot parcel was found remaining. The newly formed areas of the 33 foot parcel
will be combined with the"Mother"parcels owned by Escher, Ford, Miller and Gene. No new
parcels will be created by this BLA application.
With this application letter, I am submitting two signed mylars, eight copies of the same, and a
Subdivision Guarantee, for the City's approval.
If you have any questions or concerns,please contact me at 293-4787.
thncerel
ILL r
Leslie C. Olsen, PLS
FairWeather Surveyor
Phone:360.293.4787
FairWeatherSurveyor@Hotmail.com
1419—15th Street,Anacortes,WA 98221
SUBDIVISION GUARANTEE
•
SCHEDULE A
Liability: $ 10,000.00 Policy No.: G-1578-43838
Dated: October 30,2006 at 8:00 A.M. Order No.: 123590-SA
Fee: $250.00
Name of Assured:
CITY OF ANACORTES, a Washington Municipal Corporation
The assurances referred to on the face page are:
That, according to those public records which,under the recording laws,impart constructive notice of
matters relative to the following described real property:
(See Schedule"A-1,"attached.)
Title to said real property is vested in:
STEPHEN J.MILLER and BETTY E.MILLER,husband and wife,as to an undivided 1/4 interest; LAURIE
M.GERE,as her separate property,as to an undivided 1/4 interest;DONALD F.ESCHER,as his separate
property,as to an undivided 1/4 interest; and in ROBERT A.FORD and IDA M.FORD,husband and wife,
as to an undivided 1/4 interest
subject to the matters shown below under Exceptions,which Exceptions are not necessarily shown in
the order of their priority.
EXCEPTIONS:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that
levies taxes or assessments on real property or by the public records.
2. Unpatented mining claims; reservations or exceptions in the United States Patents or in Acts
authorizing the issuance thereof; water rights,claims or title to water.
3. Title to any property beyond the lines of the real property expressly described herein, or title to
streets,roads,avenues, lanes, ways or waterways on which such real property abuts,or the right to
maintain therein vaults,tunnels,ramps,or any other structure or improvement; or any rights or
easements therein unless such property,rights or easements are expressly and specifically set forth in
said description.
4. Municipal assessments and impact fees,if any,levied by the City of Anacortes..
SUBDIVISION GUARANTEE
Order No.: 123590-SA
Policy No. G-1578-43838
SCHEDULE A
EXCEPTIONS CONTINUED:
5. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF:
Grantor: Robert A.Ford and Ida M. Ford,husband and wife
Trustee: Pacific Northwest Title
Beneficiary: Chase Manhattan Mortgage Corporation
Amount: $150,000.00
Dated: January 18, 2003
Recorded: January 27, 2003
Auditor's No.: 200301270182
(Affects `A interest held by Ford)
6. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF:
Grantor: Laurie M. Gere, as her separate property
Trustee: Land Title Company of Skagit County
Beneficiary: Mortgage Electronic Registration Systems, Inc. ("MERS"),
solely as Nominee for Lender and Lender's successors and
assigns; Lender is Aegis Wholesale Corporation
Amount: $240,000.00
MIN No.: 100053000034028237
Dated: August 19,2003
Recorded: August 26, 2003
Auditor's No.: 200308260153
(Affects %interest held by Gere)
7. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF:
Grantor: Laurie M. Gere,a single person
Trustee: Wells Fargo Financial National Bank
Beneficiary: Wells Fargo Bank,N.A.
Amount: $50,000.00
Dated: November 10, 2003
Recorded: December 8,2003
Auditor's No.: 200312080060
(Affects % interest held by Gere)
SUBDIVISION GUARANTEE
Order No.: 123590-SA
Policy No. G-1578-43838
SCHEDULE A
EXCEPTIONS CONTINUED:
8. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF:
Grantor: Robert A. Ford and Ida M. Ford
Trustee: First American Title Insurance Company
Beneficiary: Chase Manhattan Mortgage Corporation
•
Amount: $309,000.00
Dated: August 27,2004
Recorded: November 4,2004
Auditor's No.: 200411040022
(Affects % interest held by Ford)
9. For easements,restrictions,and other exceptions,see Schedule"B-1",attached.
NOTE#1: General taxes,together with interest,penalty and statutory foreclosure costs,if any, first half
delinquent May 1,2006,if unpaid, second half delinquent November 1, 2006,if unpaid:
Amount Amount Balance
Account No. Year Billed Paid Owing
350125-0-138-0004 2006 $ 16.61 $ 16.61 $ -0-
Property I.D.No.: P32137
NOTE#2: EFFECTIVE JANUARY 1, 1997,AND PURSUANT TO AMENDMENT OF
WASHINGTON STATE STATUTES RELATING TO STANDARDIZATION OF RECORDED
DOCUMENTS,THE FOLLOWING FORMAT AND CONTENT REQUIREMENTS MUST BE MET.
FAILURE TO COMPLY MAY RESULT IN REJECTION OF THE DOCUMENTS BY THE
RECORDER.
Margins to be 3"on top of first page and 1"on sides and bottom, 1" on top, sides and bottom of each
succeeding page. Font size of 8 points or larger,paper size of no more than 8 1/2"by 14". No
attachments on pages such as stapled or taped notary seals,pressure seals must be smudged.
INFORMATION WHICH MUST APPEAR ON THE FIRST PAGE
Title or titles of documents. If assignment or reconveyance,reference to auditor's
file number of subject deed of trust must be included. Names of grantor(s)and
grantee(s)with reference to additional names on following pages,if any.
Abbreviated legal description(lot,block,volume/page of plat or
section/township/range and quarter section or government lot for unplatted).
Assessor's tax parcel number(s). Return address which may appear in the upper
left hand 3"top margin.
Pursuant to item c.)above,the abbreviated legal description for the subject property is as follows:
ptn SE % SW %,25-35-1 E W.M.
SUBDIVISION GUARANTEE
Order No.: 123590-SA
Policy No. G-1578-43838
SCHEDULE A
EXCEPTIONS CONTINUED:
NOTE#3: Unless otherwise specified,this Company has assigned this file to the following Underwriter
for the policy to issue: Stewart Title Guaranty Company.
Schedule"A-1" Order No.: 123590-SA
Policy No.: G-1578-43838
DESCRIPTION:
PARCEL"A":
That portion of the West%2 of the Southeast'A of the Southwest'A and of the East iA of the Southwest lA of
the Southwest lA of Section 25,Township 35 North,Range 1 East,W.M.,described as follows:
Beginning at the Northeast corner of the Southeast 'A of the Southwest %4 of said Section;
thence West 77 4/7 rods;
thence South 575 feet to the true point of beginning of this description;
thence West a distance of 180.32 feet;
thence South a distance of 290.00 feet;
thence East 180.32 feet;
thence North to the true point of beginning.
Situate in the County of Skagit, State of Washington.
PARCEL"B":
A tract of land 33 feet in width,the Westerly line of which is described as follows:
A line running South through the Southeast%of the Southwest%of
Section 25,Township 35 North,Range 1 East,W.M.,described as follows:
Beginning at the Northeast corner of the Southeast'A of the Southwest %of said Section;
thence South 89°09'22"West along the North line of the Southeast lA of the Southwest%,a distance of 77
4/7ths rods to the initial point of this line;
thence South 0°48'27"East,a distance of 70 rods,more or less,along the Easterly line of those certain tracts
conveyed by Deeds recorded September 16, 1961,under Auditor's File No. 612369,August 17, 1959,under
Auditor's File No.584420,June 13, 1977,under Auditor's File No. 858219,and February 16, 1973,under
Auditor's File No. 780791,to Jack B.Tobien,et ux,Michael E.Kronholm,et ux,Albert A.Hodgson, et ux,
and Donald F.Escher,
et ux,respectively,to an existing iron pipe as shown on the plat prepared by Harold Rader for Frank Foster
dated November 1, 1958,and the terminus of this line,
EXCEPT that portion lying within road right of way,known as 41st Street,along the North line thereof
Situate in the County of Skagit,State of Washington.
Schedule"B-I" Order No.: 123590-SA
Policy No.: G-1578-43838
EXCEPTIONS:
A. DECLARATION OF EASEMENT FOR UTILITY INSTALLATION AND MAINTENANCE
AGREEMENT AND THE TERMS AND CONDITIONS THEREOF:
Grantee: Jack B. Tobien and Sara Tobien,husband and wife
Purpose: For ingress and egress limited to installation,maintenance,repair
and replacement of utilities
Area Affected: See instrument for full particulars
Dated: April 29, 1991
Recorded: May 3, 1991
Auditor's No.: 9105070015
B. COVENANTS,CONDITIONS AND RESTRICTIONS,CONTAINED IN DEED:
Recorded: May 7, 1991
Auditor's No.: 9105070026,9105070027,9105070028 and 9105070029
Executed By: Puget Sound Development,a general partnership
As Follows: This conveyance is not to be constructed as conveying additional
land for building purposes
111111111111111111111
2z2
Skagit County Auditor
1/27/2003 Page 1 of 1611:S1AM
CHASE MANHATTAN MORTGAGE CORPORATION -- --- — -
150Q NORTH 19TH STREET
MONROE LA 71201
ATTENTION: POST CLOSING
Return To:
•
Assessor's Parcel or Account.Number: 3 5 012 5-0-13 3-0 0 0 9 ,(} f13-�Qr
Abbreviated Legal Description'. -;.'',, y' l� CX-;
!y ` -SECTION 25 - 3 S- LAND TITLE COMPANY OF SKA T COUNTY
r1.6) [Include lot,block andplat or section.townshipand range]
is '�— g l
Full legal description located on-pagel.: a•• Additional Grantees located on page 2 .
[Space Above This Line For Recording Data]
47109030
DEED OF TRUST 1471090309
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in
Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are
also provided in Section 16.
(A) "Security Instrument"means this document,which is dated January 18 , 2003
together with all Riders to this document.
(B) "Borrower" is ROBERT A FORD,
IDA M FORD, HUSBAND & WIFE
•
Borrower is the trustor under this Security Instrument.
(C) "Lender"is CHASE MANHATTAN MORTGAGE CORPORATION
WASHINGTON-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form:3048 1f01- .`
(1:00-61WA}10005)
Page 1 of 15 Initials: yr`f.r-
V MP MORTGAGE FORMS-(800)521-7291
Lender is a CORPORATION
organized and existing under the laws of the State of New Jersey
• Lender's address is 343 THORNALL STREET
EDISON,,'NJ 08837
•
Lender is the beneficiary under this Security Instrument.
(D).."Trusteell is PACIFIC NORTHWEST TITLE
(E) "Note"°means the promissory note signed by Borrower and dated January 18, 2003
The Note states that Borrower owes Lender
One Hundred-Fifty Thousand, and 0 0/10 0 Dollars
(U.S. $ 15.0',:00'0. 0Q )plus interest. Borrower has promised to pay this debt in regular Periodic
Payments and to pay the:elebt.in full not later than February 1, 2018
(F) "Property" means the-property that is described below under the heading "Transfer of Rights in the
Property."
(G) "Loan" means the-debt evidenced-by the Note, plus interest, any prepayment charges and late charges
due under the Note, and all sums due under this Security Instrument, plus interest.
(H) "Riders" means all Riders to this,Security Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower:[check box as applicable]:
Adjustable Rate Rider Condominium Second Home Rider
Balloon Rider Planned Unit Development Rider 1-4 Family Rider
VA Rider Biweekly.Payment Rider 1 Other(s) [specify]
(I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have.the effect of law) as well as all applicable final,
non-appealable judicial opinions.
(J) "Community Association Dues, Fees, and Assessments",means all dues, fees, assessments and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners
association or similar organization.
(K) "Electronic Funds Transfer" means any transfer of funds, other;than a transaction originated by
check, draft, or similar paper instrument, which is initiated'.through'an electronic terminal, telephonic
instrument, computer, or magnetic tape so as to order, instruct or authorize a_.fmancial institution to debit
or credit an account. Such term includes, but is not limited to, point-ok-ale,transfers, automated teller
machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse
transfers.
(L) "Escrow Items" means those items that are described in Section 3.
(M) "Miscellaneous Proceeds"means any compensation, settlement, award lif damages,or proceeds paid
by any third party (other than insurance proceeds paid under the coverages described in-Section 5) for: (i)
damage to, or destruction of, the Property; (ii) condemnation or other taking-of:all or any part of the
Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the
value and/or condition of the Property.
(N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of;_;Or default on,
the Loan. •
'
(0) "Periodic Payment" means the regularly scheduled amount due for(i)principal and`'interest under::,the
Note, plus (ii)any amounts under Section 3 of this Security Instrument.
Initials;v ' .�'
4)
-6(WA 1141E111"H Form 3048 I/0/aICI ��1ilif
3 127� 8
Skagit County Auditor
1/27/2003 Page 2 of 1611:51AM
(P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its
implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to
time,_or any additional or successor legislation or regulation that governs the same subject matter. As used
in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard
to:ai"federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage
loan"-under RESPA.
(Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or
not that party has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS..IN THE PROPERTY
This Security Instrument secures to Lender: (i)the repayment of the Loan, and all renewals, extensions and
modifications of the Note; and-.(ii) the performance of Borrower's covenants and agreements under this
Security Instrument and.`the'Note. For this purpose, Borrower irrevocably grants and conveys to
Trustee, in trust, ._With ; power of sale, the following described property located in the
COUNTY of SKAGIT
[Type of Recording Jurisdicti u] [Name of Recording Jurisdiction]
See;.Attached Legal Description
•
Parcel ID Number: 3 5 012 5-0-13 3.0 0 0 9 which..currently has the address of
4305 ' E [Street]
ANACORTES [City] ,Washington 98221 [Zip Code]
("Property Address"):
TOGETHER WITH all the improvements now or hereafter erected;an the.-property, and all
easements, appurtenances, and fixtures now or hereafter a part of the property> AJ1 replacements and
additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this
Security Instrument as the"Property." =
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed,and has
the right to grant and convey the Property and that the Property is unencumbered,exceptfor,encumbrances
of record. Borrower warrants and will defend generally the title to the Property against.,ail claims,and
demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and rion=unifo ni
covenants with limited variations by jurisdiction to constitute a uniform security instrument`covering rear'
property.
Initials
"f•
Cr?®6(WA' 119$111111#11. ' Form 3048 1701 .:
2
Skagit County Auditor
1/27(2003 Page 3 of le 11:51AM
25. Use of Property.The Property is not used principally for agricultural purposes.
26. Attorneys' Fees. Lender shall be entitled to recover its reasonable attorneys' fees and costs in
< any action or proceeding to construe or enforce any term of this Security Instrument.The term "attorneys'
fees," whenever used in this Security Instrument, shall include without limitation attorneys' fees incurred
by Lender in any bankruptcy proceeding or on appeal.
ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND
CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE
NOTENF RCEABLE UNDER WASHINGTON LAW.
BY SIGNING BELOW Borrower accepts and agrees to the terms and covenants contained in this
Security Instrument and in any Rider executed by Borrower and recorded with it.
Witnesses:
(Seal)
`' -Borrower
r.
(Seal)
-Borrower
•
(Seal) :. Seal
ROBERT A FORD (Seal)
-Borrower -Borrower
•
%YdiCt L (Seal) (Seal)
IDA M FORD -Borrower - -Borrower
(Seal) _ (Seal)
-Borrower -Borrower
6(WA)(0005) II flu II I1I1 III I I II III IIII I II Form /01
° 200301270182
Skagit County Auditor
1/27/2003 Page 14 of 1611:61AM
I�I�IIIVI� I IIIIIIVI I NIIN 1'Il
20030127� 182
Skagit County Auditor
PARCEL, "A" : 1/27/2003 Page 16 of 1611:51AM
-That portion of the West X of the Southeast ' of the Southwest
and ,of.. the East 1X of the Southwest 1A of the Southwest 1/4 of
Section 25., Township 35 North, Range 1 East, W.M. , described as
follows
Beginning,,: the Northeast corner of the Southeast 14 of the
Southwest ...of. ':said Section;
thence West. 77 •4/.7 rods;
thence South:.,.575 feet to the true point of beginning of this
•
thence West--a/distance of 180 .32 feet;
thence South adistaice of 290. 00 feet;
thence East 18:0-..,3:2
thence North tb'-thetrue point of beginning.
Situate in the County ..of Skagit, State of Washington.
PARCEL "B" :
An undivided 1/4th interest in a tract of land 33 feet in width,
the Westerly line of which' is described as follows:
A line running South through ;the Southeast 14 of the Southwest 14
of
Section 25, Township 35 North, R:ange ,.i:....East, W.M. , described as
follows:
-,
Beginning at the Northeast corner. "the—Southeast W of the
Southwest A of said Section;
thence South 89°09 ' 22" West along ;the Nbxth line of the
Southeast 14 of the Southwest 14, a distance. of 77... 4/7ths rods to '
the initial point of this line;
thence South 0°48' 27" East, a distance of 70`;rods„__more or less,
along the Easterly line of those certain; _traet.s` conveyed by
Deeds recorded September 16, 1961, under ''-Auditors: File No.
612369, August 17, 1959, under Auditor's File No`.,.::. 584420, June
13 , 1977, under Auditor' s File No. 858219, and ,February 16,
1973 , under Auditor' s File No. 780791, to Jack B.:`Tob:ien .et ux,
Michael E. Kronholm, et ux, Albert A. Hodgson, et``ux .--"and,Donald
F. Escher,
et ux, respectively, to an existing iron pipe as shown. on 'the
plat prepared by Harold Rader for Frank Foster dated November' 1:,
1958, and the terminus of this line,
EXCEPT that portion lying within road right of way, knowz-'as
41st Street, along the North •line thereof .
Situate in the County of Skagit, State of Washington.
-.
After recording please return to:
AEGIS MORTGAgE CORPORATION 1111111111111111111,1111IN
, - 2003082601
[Company Name] Skagit County Auditor
8/26/2003 Page 1 of 15 3:19PM
Name of Natural Person].
3250 Briarpark.-Drive, Suite 400
(Street Address)
Houston, TX 77042-4204
(City,State Zip Code]
Assessor's Property Tax Parcel or Account Number: P32125
Abbreviated Legal Description::. APTN .OS 1/2 OF SW 1/4, 25-35-1 E W.M.
LANOTIRECOMPOY OF WAS(CU
108684—PAE
/Soce Above.This Line For Recording Data]
DEED OF TRUST
MIN 100053000034028237
DEFINITIONS
Words used in multiple sections of this document are defined:below and other words are defined in Sections 3, 11,
13, 18,20 and 21. Certain rules regarding the usage of words used in ties document are also provided in Section 16.
(A) "Security Instrument"means this document,which is dated. August 19, 2003
together with all Riders to this document.
(B) "Borrower"is LAURIE M. GERE, as her separate property,
. Borrower is the trustor under this Security Instrument.
: -
(C) "Lender"is AEGIS WHOLESALE CORPORATION
Lender is a corporation organized and existing under the laws of
Delaware . Lender's address is .3250 Briarpark:Drive,
Suite 400, Houston, TX 77042-4204
(D) "Trustee"is LAND TITLE COMPANY OF SKAGIT COUNTY
(E) "MERS"is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is-acting
solely as a nominee for Lender and Lender's successors and assigns MERS is the beneficiary under thiS'SectititY,
Loan No: 3402823
Washington Deed of Trust-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT MERS Modified Form 3048 OI/01
—Tub COMPLIANCE 5OURCE, 111111111111111111111111111111111111 Page 1 of 14
14301WA
w.w comphancesource cam 02000,The Compliance Source,no
- Instrument. MERS is organized and existing under the laws of Delaware, and.has an address and telephone
number of P.O.Box 2026,Flint,MI 48501-2026,tel. (888)679-MERS.
(IF) "Note"means the promissory note signed by Borrower and dated August 19, 2003
The-Note states-that Borrower owes Lender two hundred forty thousand and NO/100ths
Dollars(U.S.S 240,000.00 )
plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not
later than Septtlber',1, 2033
(G) "Property".means the property that is described below under the heading "Transfer of Rights in the
Property."
(II) "Loan"means the debt evidenced by the Note,plus interest,any prepayment charges and late charges due
under the Note,and all sums due under this Security Instrument,plus interest.
(1) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower[check box as applicable]:
❑ Adjustable Rate Rider",,..' . Condominium Rider 0 Second Home Rider
❑ Balloon Rider 0.-.Planned Unit Development Rider 0 Biweekly Payment Rider
❑ 1-4 Family Rider _Revocable Trust Rider
❑ Other(s)[specify]
(J) "Applicable Law"means all controlling applicable federal,state and local statutes,regulations,ordinances
and administrative rules and orders (that have_;the effect of law) as well as all applicable final, non-appealable
judicial opinions.
(K) "Community Association Dues, Fees, and Assessments"'•means all dues, fees, assessments and other
charges that are imposed on Borrower or the Property by a'condouiipium association, homeowners association or
similar organization. _
(L) "Electronic Funds Transfer"means any transfer of funds;other than a transaction originated by check,
draft,or similar paper instrument,which is initiated through an electronic terminal,telephonic instrument,computer,
or magnetic tape so as to order,instruct, or authorize a financial institution,to debit or credit an account. Such term
includes,but is not limited to, point-of-sale transfers, automated teller machine-transactions, transfers initiated by
telephone,wire transfers,and automated clearinghouse transfers.
(M) "Escrow Items"means those items that are described in Section 3. •
(N) "Miscellaneous Proceeds"means any compensation, settlement, award::of damages`or..proceeds paid by
any third party(other than insurance proceeds paid under the coverages described iii•Section 5)for:'(i)damage to,or
destruction of,the Property; (ii)condemnation or other taking of all or any part of the Property,(iii)conveyance in
lieu of condemnation,or(iv)misrepresentations of,or omissions as to,the value and/or condition of the'Property.
(0) "Mortgage Insurance"means insurance protecting Lender against the nonpayment,of,;or default`on.. the
Loan.
(P) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the
Note,plus(ii)any amounts under Section 3 of this Security Instrument.
Loan No: 3402823
Washington Deed of Trust-Single Family-Fannie Mae/Fredi ?orni304S DII
01/01
—THE COMPLIANCE SOURCE,INC.— iiiiii1MJIUu�u111111I� III1IIII _o
wvc.compLancesouce corn .'..•:.
ic,
2 0308260153
Skagit County Auditor
8/26/2003 Page 2 of 16 3:19PM
(Q) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its
implementing regulation, Regulation X(24 C.F.R. Part 3500),as they might be amended from time to time, or any
'additional or successor legislation or regulation that governs the same subject matter. As used in this Security
Instrument;"RESPA' refers to all requirements and restrictions that are imposed in regard to a "federally related
mortgage,loan"'-even if the Loan does not qualify as a"federally related mortgage loan"under RESPA.
(R) "Successor in_Interest of Borrower"means any party that has taken title to the Property, whether or not
that party has-.assumed-Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER RIGHTS IN THE PROPERTY
The beneficiary of this,Security Instrument is MERS (solely as nominee for Lender and Lender's successors and
assigns)and the successors and assigns of MERS. This Security Instrument secures to Lender: (i)the repayment of
the Loan, and all renewals, :extensions and modifications of the Note; and (ii) the performance of Borrower's
covenants and agreements under.;this Security Instrument and the Note. For this purpose, Borrower irrevocably
grants and conveys to Trustee; in trust, with power of sale, ,the following described property located
in the County of .
(Type of Recording.Jurisdiction] ' (Name of Recording Jurisdiction]
.
See Exhibit "A" attached.:hereto and made a part hereof.
which currently has the address of •
•--2019::- _41ST..STREET
• (Streetj,.
ANACORT]`S ,Washington 98221 ("Property Address"):
fo�yl (Zip•code)
TOGETHER WITH all the improvements now or hereafter erected.on the'=property, and all easements,
appurtenances, and fixtures now or hereafter a part of the property. All;replacements and additions shall also be
covered by this Security Instrument. All of the foregoing is referred to in thus SecurityInstrument as the"Property"
Borrower understands and agrees that MERS holds only legal title to the-interests'granted by Borrower in this
Security Instrument,but, if necessary to comply with law or custom, MERS (as nominee fer,Lender and Lender's
successors and assigns)has the right to exercise any or all of those interests,including,but_not limited to,the right
to foreclose and sell the Property;and to take any action required of Lender including,::but not limited to,releasing
and canceling this Security Instrument.
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed'and,has the
right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of`record.
Borrower warrants and will defend generallythe title to the Property
p rty against all claims and demands;subject_ta any
encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and--
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property:. _.;:>
Loan No: 3402823 1111141011101110N1
..;.-
Washington Deed of Trust-Single Famil 11111311111111111111Mae/1
lied Form 3048 01/01 ,„.
—THE COaiPLIANCE SOURCE,INC.— 14301WA Os(00` •
www.coznpliancesouzoe.com The Compliance Source,Inc_:.-' +
Skagit County Auditor
8/26/2003 Page 3 of 15 3:19PM
.•25. Use of Property. The Property is not used principally for agricultural purposes.
24.5. Attorneys' Fees. Lender shall be entitled to recover its reasonable attorneys' fees and costs in any
actin. or proceeding to construe or enforce any term of this Security Instrument. The term "attorneys' fees",
wheriever_usedinthis Security Instrument,shall include without limitation attorneys'fees incurred by Lender in any
bankruptcy proceeding or on appeal.
ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND
,
CREDIT,.OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT
ENFORCEABLE UNDER WASHINGTON LAW.
BY SIGNING BELOW.Borrower accepts and agrees to the terms and covenants contained in this Security
Instrument and in any-Rider.execined by Borrower and recorded with it.
„„-
Witnesses:
(Seal)
LAURIE M. GERE -Borrower
[Printed Name/Printed Name:
[Please Complete]
(Seal)
-Bower
[Printed Nam]
Printed Name: -„
(Please Complete)
(Seal)
-Borrower
(Printed NameJ
(Seal)
• .-'•
-Borrower
Printed Name.]
[Acknowledgment on Following Page) • '
• •
•
IMPOIMEMENr.:\
0 3 0 8 2 6 0 1 5 3
Skagit County Auditor '.„>
8/26/2003 Page
13 of 15 3:1901Vir
Loan No: 3402823
Washington Deed of Trust-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT MERS Modified Form 304 01/01
—THE COMPLIANCE SOURCE,INC.— IMIMMIRMICIRM Page 13 of 14
14301WA MAW
www.compancesource.com C2000,The Compliance Source,Inc.-
DESCRIPTION:
Portion of the West''/2 of the Southeast%of the Southwest%and of the East'/2 of the Southwest'/4 of the
Southwest'/4 of Section 25,Township 35 North,Range 1 East, W.M.,described as follows:
Beginning at:the Northeast corner of the Southeast '%of the Southwest'/4 of said Section;
thence West 77 4/7 rods to the true point of beginning;
thence West 180.64 feet;:,
thence South 290 feet;
thence East 180.64 feet;::
thence North 290 feet to the point of beginning; •
TOGETHER WITH an undivided./ interest in a tract of land 33 feet in width,the Westerly line of which
is described as follows:
A line running South through`.the Southeast%of the Southwest%of Section 25,Township 35 North,
Range 1 East,W.M.,described_:as follows'.
Beginning at the Northeast corner-Of Southeast'/4 of the Southwest%4 of said Section;
thence South 89°09'22"West along the•North-line of the Southeast'/,of the Southwest'/4 ,a distance of
77 4/7 rods to the initial point of this line; :=
thence South 0°48'27"East,a distance of 70:rods;more or less,along the Easterly Iine of those certain
tracts conveyed by Deeds recorded September 16, 1961, under Auditor's File No. 612369,August 17,
1959, under Auditor's File No.584420,June-13;._1977,under Auditor's File No. 780791,to Jack B.
Toblien,et ux,Michael E.Kronholm,et ux,Albert A.Hodgson, ea°ux,and Donald F.Esther, et ux,
respectively,to an existing iron pipe as shown on the:_.plat°prepared by Harold Rader for Frank Foster
dated November 1, 1958.
Situate in the County of Skagit, State of Washington.
i.
2003J8260
Skagit County Audi or
8/26/2003 Page 15 of 15 3:19PM
s
1111111111111 1111111
200312080060
Skagit County Auditor
12/8/2003 rage 1 of 310:35AM
Recording Requested by:
Wells Fargo Bank -
When Recorded Return toi Fidelity National LPS
P.O.BOX 19523
Irvine, CA 92623-9523
Code: WFD
State ofV4+aelungton Space Above Tbia Line For Recording Data
REFERENCE# 2003274-1200795 ACCOUNT#:0651-651-2159570-1998
SHORT FORM DEED OF TRUST
(With Future Advance Clause)
1. DATE AND PARTIES. The date'o this Short Deed of Trust("Security Instrument") is 1 1 1 10/2003
• and the parties are as follows:
TRUSTOR("Grantor"):
LAURIE M. GERE, A SINGLE PERSON :
-
whose address is:2019 41ST $7 ANACORTES, WA 982,21
TRUSTEE: Wells Fargo Financial National Bank
do Specialize Service
401 West 24th Street,National City,CA 91950 •:
BENEFICIARY("Lender"):Wells Fargo Bank, N.A.
P. 0. BOX 31557
BILLINGS, MT 59107
2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is
acknowledged,and to secure the Secured Debt(defined below)and Grantor's performance under this Security
Instrument, Grantor irrevocably grants, conveys and sells to Trustee, it-trus`for•the beenefit of Lender, with
power of sale,all of that certain real property located in the County of SKAG I T ,: , State
of Washington,described as follows:
THE FOLLOWING DESCRIBED REAL PROPERTY LOCATED IN THE COUN.TY :OFSKAGIT,
STATE OF WASHINGTON
SEE EXHIBIT A _
'S k 5-� C-5 I
with the address of 2019 41ST ST ANACORTES, WA 982214412
and parcel number of P32125 together with all rights,
easements, appurtenances, ,ro alties mineral rights,oil and y gas rights, all water and riparian rights,ditches,
and water stock and all existing and future improvements, structures, fixtures, and replacements that may: >'
now,or at any time in the future,be part of the real estate described above.
EQ249A(06/2002) WASHINGTON—DEED OF TRUST
Exhibit
(Legal Description)
Reference#:-20032747200796
Accti#: D6517551-2159570--1998
THE FOLLOWING-DESCRIBED REAL PROPERTY LOCATED IN THE COUNTY OF SKAGIT,
STATE OF WASHING`TON _ DESCRIBED AS FOLLOWS PORTION OF THE WEST HALF OF THE
SOUTHEAST QUARTER OF 'THE SOUTHWEST QUARTER AND OF THE EAST HALF OF THE
SOUTHWEST QUARTER`°.OF''THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 35
NORTH, RANGE 1 EAST,,OF. THE WILLAMETTE MERIDIAN, DESCRIBED AS FOLLOWS
BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER :OF. SA:.ID'SECTION THENCE WEST 77 417 ROD TO THE TRUE POINT
OF BEGINNING THENCE-WEST 180.64 FEET THENCE SOUTH 290 FEET THENCE EAST
180.64 FEET THENCE NORTH 290 FEET TO THE POINT OF BEGINNING TOGETHER WITH
AN UNDIVIDED ONE-QUARTER ( 1 /4): INTEREST IN A TRACT OF LAND 33 FEET IN
WIDTH, THE WESTERLY 'L-1NE OF' WHICH IS DESCRIBED AS FOLLOWS A LINE RUNNING
SOUTH THROUGH THE SOUTHEAS.T' QUARTER OF THE SOUTHWEST QUARTER OF SECTION
25, TOWNSHIP 35 NORTH, RANGE:=1'EAST OF THE WILLAMETTE MERIDIAN, DESCRIBED
AS FOLLOWS COMMENCING AT-THE-NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF
THE SOUTHWEST QUARTER OF SAiD.:SECTION THENCE SOUTH 89 DEGREES 09 MINUTES
22 SECONDS WEST ALONG THE NORTH LINEOF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER, A DISTANCE10F�,77<'4/7 RODS TO THE INITIAL POINT OF THIS
LINE THENCE SOUTH 0 DEGREES 48' MINUTES 27 SECONDS EAST, A DISTANCE OF 70
RODS, MORE OR LESS, ALONG THE EASTERLY LINE OF THOSE CERTAIN TRACTS
CONVEYED BY DEEDS RECORDED SEPTEMBER 16, 1961 , UNDER AUDITOR S FILE NO.
612369, AUGUST 17 1959, UNDER AUDITOR S FLLE.,NO. 584420, JUNE 13, 1977,
UNDER AUDITOR S FILE NO. 780791 , TO JACK ..B".'`_TQBIEN, ET UX, MICHAEL E.
KRONHOLM, ET UX, ALBERT A. HODGSON, E1`..UX, AI3D DONALD F. ESCHER, ET UX ,
RESPECTIVELY, TO AN EXISTING IRON PIPE '-AS SHOWN ON THE PLAT PREPARED BY
HAROLD RADER FOR FRANK FOSTER DATED NOVEMBER`_1 ;. -1958.SITUATED IN SKAGIT
COUNTY, WASHINGTON. - -
INKSHOINN12080060
Skagit County Auditor
121812003 Page 2 of 310:35AM
EQEXA1(10/2003)
1
3. : `MAXIMUM OBLIGATION LIMIT AND SECURED DEBT. The total amount which this Security
Instrument will secure shall not exceed$50,000.00 together with all interest thereby
accruing; as set forth in the promissory note, revolving line of credit agreement,contract, guaranty or other
evidence of'.debt ("Secured Debt") of even date herewith, and all amendments, extensions, modifications,
renewals'or:other documents which are incorporated by reference into this Security Instrument, now or in
the future. The maturity date of the Secured Debt is 11/10/2043
4. MASTER._'FORM DEED OF TRUST. By the delivery and execution of this Security Instrument,
Grantor:Agrees'that all provisions and sections of the Master Form Deed of Trust ("Master Form"),
inclusive, dated February 1,1997 and recorded on February 6, 1997 as Auditor's File Number
9702060051` in Book1626 at Page0614 of the Official Records
in the Office of the Auditor of SKAGIT County, State of Washington, are hereby
incorporated into;'and shall govern,this Security Instrument.
5, USE OF PROPERTY.;:_Thee-.property subject to this Security Instrument is not used principally for
agricultural or fanning purposes.
RIDERS. If checked,,_:the,following are applicable to this Security Instrument. The covenants and
agreements of each of the riders`cheeked'_below are incorporated into and supplement and amend the terms of this
Security Instrument.
Third Party Rider
® Leasehold Rider
RA! Other _.
SIGNATURES: By signing below, Grantor agrees to perform all covenants and duties as set forth in this
Security Instrument. Grantor also acknowledges receipt of a copy of this document and a copy of the provisions
contained in the previously recorded Master Form(the Deed of Trust-Bank/Customer Copy)- /
CALM I E M G E R E - - Grantor Date
Grantor Date
Grantor. Date
Grantor.,- ; Date
111111111111111111111111111
200312.080'060
Skagit County Auditar_.
12/812003 Page 3 .of-_'` 3.,10:35AM
•
ACKNOWLEDGMENT:
(Individual)' `�-ci�
STATE OF. . /1471 l ,COUNTY OF } ss: ..,: ;:::- ..:.
My certify w that I or satisfactory evidence that .<'`
K,t..�. , 149 a1 Q_ 'is/are the,
- --
person(s)who appeared before me and said person(s)acknowledged that he/she/they signed this..instrttirient and
acknowledged it to be his/her/ riimi e and voluntary act for the uses and purposes mentioned in thee instr ment`:.,.
,\���ti�NNrururrrrr<<
_M.. '.a ,of 9*,;20s.%
(Print it. e and includ- title) = a NOTARY '"':
My Appointment expires: ..ram _.,.�1 pUBt�.1Aff1x eal r Stamp)
EQ249B(0/2002) 'rf rr11 rWsttl`�``
1111111111111Iopi�,. 10 4 a o 2 2
2
Skagit County Auditor
1114/2004 Page 1 of 9 9:42AM
Prepared By: R&R: ONUITY SEr•vl €+
SCOTT PARKER 5. 5NATIBt OALSSOEQM ROAD
SUITE
Record and Return Address: ( NESTER`NY 14f“'
Chase Ma hattan Bank USA,:N.A.' ;
cf Manhattan Mortgage Corporation „
� �
15 0 N th St. Reference#041961431535
M nr e, L 1201 Servicing# 9896354686
At . Document Control 6th FL. HE
Assessor's Parcel or Account Number: P32131
Abbreviated Legal Description: cjW
a �W 6v•I 3 \
Full legal description.iocated on Exhibit A. - -
WASHINGTON.
LINE OF CREDIT TRUST DEED
(Securing Future Advances)...-
THIS DEED OF TRUST is made on August 27,2004 .The grantor is
ROBERT AFORD and IDA M FORD
The trustee is First American Title Insurance Company ("Trustee")whose address is
2101 Fourth Avenue.Suite 800.Seattle.WA 98121 . The beneficiary is
Chase Manhattan Bank USA.N.A. , a national banking association whose address is
200 White Clay Center Drive Route 273,Newark,DE 19711 -.
or its successors or assignees. Any communication to the Lender should be sent to ::-
do Chase Manhattan Mortgage Corporation,250 West Huron Road,P.O. Box 93764,Cleveland Off::'44113
In this Deed of Trust, the terms "you," "your" and "yours" refer to the grantor(s). The terms "we,".=
"us"and"our"refer to the beneficiary.
WALCOT(Rev.08/18/03) Page 1 of 8
Pursuant to a Home Equity Line of Credit Agreement dated the same date as this Deed of
Trust ("Agreement"), you may incur maximum unpaid loan indebtedness (exclusive of interest
thereon) in amounts fluctuating from time to time up to the maximum principal sum outstanding at
any time-of
Three HundredNine Thousand and 00/100 Dollars
309,000.00 ). The Agreement provides for a final scheduled installment due and
payable not later than on September 1�2034 . You agree that this Deed of Trust shall
continue to secure all sums now or hereafter advanced under the terms of the Agreement including,
without limitation,:such:..sums that are advanced by us whether or not at the time the sums are
advanced there is anyprincipal sum outstanding under the Agreement. The parties hereto intend
that this Deed of Trust shall secure unpaid balances, and all other amounts due to us hereunder
and under the Agreement.
This Deed of Trust- secures to us: (a) the repayment of the debt evidenced by the
Agreement, with interest,`"and all refinancings, renewals, extensions and modifications of the
Agreement; (b) the payment of all,other sums, with interest, advanced under this Deed of Trust to
protect the security of this:,:_Deed of'Trust; and (c) the performance of your covenants and
agreements under this Deed-of" and the Agreement. For this purpose and in consideration of
the debt, you Irrevocably grant arid convey to the Trustee and Trustee's successors and assigns, in
trust,with power of sale,the property lacated in
SKAGIT - County,Washington, and more fully described in EXHIBIT A,
which is attached hereto and made a part'hereof,,which property is more commonly known as
4305 E AVE,ANACORTES,WA 98221'-2661
("Property Address");
TOGETHER WITH all the improvements now or hereafter erected on the property, and all
easements, rights, appurtenances, and fixtures;now`or_hereafter a part of the property. All
replacements and additions shall also be covered-by this Deed of Trust. All of the foregoing is
referred to in this Deed of Trust as the"Property."
YOU COVENANT that you are lawfully seized ofthe estate hereby conveyed and have the
right to grant and convey the Property and that the: Property ,Is unencumbered, except for
encumbrances of record. You warrant and will defend generally the title to the Property against all
claims and demands, subject to any encumbrances of record` •`..,,
YOU AND WE covenant and agree as follows:
1. Payment of Principal, Interest and Other Charges. You:shall pay when due the
principal of and interest owing under the Agreement and all other charges_due hereunder and under
the Agreement.
2. Application of Payments. Unless applicable law provides otterwise,aft payments
received by us under the Agreement and Section 1 shall be applied by us as provided in the
Agreement.
3. Prior Deed of Trusts; Charges; Liens. You shall perform all of your:,abtigations _
under any mortgage, deed of trust or other security instruments with a lien which has'priority"over- ;
this Deed of Trust, including your covenants to make payments when due. You shall pay-all taxesy
assessments, charges, fines and impositions attributable to the Property which may attain°.priority<'
WALCDT Page 2 of 8
111111138#11100�+110402
Skagit County Auditor
11/4/2004 Page 2
of 9 9:42AM
BY:`SIGNING BELOW, You accept and agree to the terms and covenants contained in this Deed of
_Tru:st-and in any rider(s)executed by you and recorded with it.
Signed,sealed and delivered in the presence of:
(Seal)i/ f-r-AAI'/ L---;-1
Witness:.:
ROBERT A FORD
CI--. "'Z
4 (Seal)
IDA M FORD
(Seal)
(Seal)
STATE OF WASHING ON )
) ss:
CITY/COUNTY OF Cli 7 JT
a The foregoing instrument was acknowledged be re me its / day of
,{/,l�f , le?)y, by 1 [)b? ...n..:9 Q - j.
to me kn vn to be the person(s) aforesaid, who acknowledged that they executed,this instrument
as their free and voluntary act and deed and for the uses and purposes therein mentioned.
0,,,11/4,1HUl44I ,h,,,,,
,. JN � Notary Pu lic
MyCommission expires: -,,' 9' .�
a it:I0N0l'ARy0: _
z-
�N.� PUBL\c' d,<O
9 i o-oi-06 .
WALCDT Page 8 of 8 I 111II I1IIII_I III�IrlI U FI ll 1 .:20411040022
Skagit County Auditor
11J412004 Page 8 of 9 9:42AM
•
THE FOLLOWING DESCRIBED REAL ESTATE, SITUATED IN THE COUNTY OF SK GIT, STATE OF
• :•N'ASHINGTON: THAT PORTION OF THE SE QUARTER OF THE SW QUARTER AND OF THE EAST HALF
OF THE SW QUARTER OF THE SW QUARTER, SECTION 25, TOWNSHIP 35 NORTH, RANGE 1 FIST,
W.N.: DESCRIBED AS FOLLOWS: BEGINNING AT THE NE CORNER OF THE SE QUARTER OF THE SW
QUARTER-OF SAID SECTION; THENCE WEST 77 4/7THS RODS; THENCE SOUTH. 575 FEET TO THE
TRUE POINT:,OF BEGINNING OF THIS DESCRIPTION; THENCE WEST A DISTANCE OF 180.32 FEET;
THENCE SOUTH A DISTANCE OF 290.00 FEET; THENCE EAST 180.32 FEET; THENCE NORTH TO
THE POINT:OF BEGINNING. TOW THE NON-EXCLUSIVE RIGHT AND PRIVILEGE TO UtSE, TRAVEL
OPON AND-OVER AND ACROSS THE FOLLOWING DESCRIBED PRIVATE ROADWAY AS ESTABLISHED BY
INSTRUMENT DATED SEPTEMBER 9, 1958 AND RECORDED SEPTEMBER 9, 1958. UNDER AUDITOR'S
FILE'NO. 570115; THE EAST SO FEET OF THE WEST 205 FEET OF THE NORTH 575 FEET OF THE
FOLLOWINGDESCRIS.ED TRACT: A PORTION OF THE WEST HALF OF THE SE QUARTER OF THE SW
QUARTER AND'OF.THE EAST HALF OF THE SW QUARTER OF THE SW QUARTER OF SECTION 25,
TOWNSHIP 35 NORTH.-;'' RAGE I EAST, W.M, DESCRIBED AS FOLLOWS: BEGINNING AT THE NE
CORNER OF THE SE QUARTER OF THE SW QUARTER OF SAID SECTION; THENCE WEST 77 4/7THS
RODS TO THE TRUE.,POINT'QF BEGINNING; THENCE WEST 360.64 FEET i21 6/7THS RODS) ;
THENCE SOUTH.,1155',,PEEri THENCE EAST 360.64 FEET (21 6/7THS RODS) ; THENCE NORTH 1E55
FEET TO THE TRUE POINT_-OF BEGINNING. ALSO TOW A NON-EXCLUSIVE RIGHT AND PRIVILEGE
TO USE, TRAVEL UPON„,'-
ANDOVER AND ACROSS'THE HOLLOWING DESCRIBED PRIVATE ROADWAY: THE EAST 50 FEET OF THE
WEST 204 FEET OF THE ITORTH' 2-90,FEET OF THE FOLLOWING DESCRIBED TRACT_ A PORTION OF
THE WEST HALF OF THESE QUARTER OF THE SW QUARTER AND OF THE EAST HALF OF THE SW
QUARTER OF THE SW QUARTER OFSECTION 25, TOWNSHIP 35 NORTH, RANGE 1 RA_ST, N.M.,
DESCRIBED AS FO.LLOWS-::BE9INNING.:.AT_ THE NE CORNER OF THE SE QUARTER OF THE SW
QUARTER OF SAID SECTION:;._.THEN.CE .NEST 1279.93 FELT (77 4/7THS RODS): THENCE SOUTH
575 btEL TO THE TRUE POINT.OF .BEGINNING; THENCE WEST A. DISTANCE OF 360.64 FEET;
THENCE SOUTH 580-00 FEET. :T}IBNCE EAST-:360.64 FEET; THENCE NORTH 580 FEET TO THE
TRUE POINT OF FINNING •EtfI;PT THAT :PORTION LYING# WITHLH THE APRVF PN9r. .IBED MAIN
TRACT.
BEING THE SAME PROPERTY CON EYED,:TO ROBERT. A FORD AND IDA M FORD HU5RAND AND WIFE
BY DEED FROM ALBERT A HODGSON RECORDED' 05/09/1979 IN DEED BOOE 7905090059 PAGE , IN
THE LLAND RECORDS OF SKAGIT, WASHINGTON.
TAX Init P32131
•
This property is or will be improved by a one or.two.-family dwelling.
•
•
20u41104
Skagit County Auditor
8
--
•
11I4120!4 Paq --...-------- ----
'SKAGITUWINthUiii
, . . .
. '
,.. ,.. ..• 1
' 1)2 Real ES:4M eicip,Tex --
MAY- 391
9/050700/5 Amount Pair
Skagit • (Maurer z• ,: , : . ,,
BY , - 011, -:
DECLARATION OF EASENPAIT FOR UTILITY INSTALLATION AND r a Nr107110 -
. ,-- -_-,
AGREEMENT II!
, .,..
• .
Tbe:Grantors, JACK B. TOBIEN and SARAH TOBIEN, husband and
wife, of2019i, 41st Street, Anacortes, Washington; STEPHEN Zr.
MILLER and- BETTY E. MILLER, husband and wife, of 4303 E Avenue,
Anacortes, Washington; ROBERT A. FORD and IDA M. FORD, husband
and wife, df_430$ E Avenue, Anacortes, Washington; and DONALD F.
ESCHER and SHIRLEY P. ESCHER, husband and wife, of 4405 E Avenue,
Anacortes, Washington; all owning real estate abutting upon the
strip of land herein described and owning said strip of land in
undivided one-quarter interests; for and in consideration of the
mutual benefits to be„.dprived by each of the Grantors herein,
.
their heirs, executprsdministratators and assigns, hereby
declare, grant, conVev,:and dedicate the following described
property as an easetentforutilities under, along and across
said described propertyandfor ingress and egress limited to
installation, maintenance,/irepair and replacement of said
utilities, for the benefitof-a,11 of the Grantors herein named,
their heirs, executors, administrators and assigns:
A tract of land 33 feet in width, the Westerly line of
which is described as follows:
- „ ,
A line running South throughthe%Southeast Quarter of
the Southwest Quarter of Section,25Township 35 North,
Range 1 East of the Willamette,-Meridian, described as
:- . _, ,
follows: ,,- , , ,
,/,„--:: •-. ,,
Commencing at the Northeast corner of the Southeast
Quarter of the Southwest Quarter',,of1.Said Section;
thence South 89°09'22" West along the'NOth'rline of the
Southeast Quarter of the Southwest Quarter, a. distance
of 77 4/7 rods to the initial point of this line;
thence South 0°48127" East; a distance oflO rods, more
or less, along the Easterly line of those certain
tracts conveyed by Deeds recorded September 16, 1961,
under Auditor's File No. 612369, August 17, 1959, under
Auditor's File No. 584420, June 13, 1977, under
Auditor's File No. 780791, to Jack B. Tobien, et ux,
Michael E. Kronholm, et ux, Albert A. Hodgson, et ux,
and Donald F. Escher, et ux, respectively, to all .'.;,
existing iron pipe as shown on the plat prepared kry
,.---_,-.
• Harold Rader for Frank Foster dated November 1, 1958. •-,' ,' -' .."
IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:1. This Easement declaration is to be appurtenant to
and run with the lands of the Grantors described as follows:
' -- -- ,-.'
Jack B. Tobien and Sarah Tobien:
A, 1):Ortion of the west half of the southeast quarter of .•-',,,,,- ..--,
the-isouthwest quarter and of the east half of the s
southwest quarter of the southwest quarter of section
twenty—five (25), township thirty-five (35) north, V
--,-_/.
range one (1) east, W.M., described as follows:
Beginning at the northeast corner of the southeast .
quarter.....-ohe southwest quarter of said section;
';:-•,: /-
'•:',, ,
. --
/ ,•':,-• •.
. ,,,. ..:..,
"•
,.. .
• , , -. . •—
. WELLS II JONNS0a. Attorneys at Law • . .. !.:
• ,,./,,,..,\
P.O. Sox 158, 913 Seventh Street _
V
- 1 - Anacortes, WA 98221 (206)293.9566
•
. . _ifkri-. • . •4, :::',7,',: i
,•
..:. 9105070015 ,, i
,....- '/ VOL 975 PAGEWU .-: .-::''''-' ''.'..'•••
•:.;:-, . ,.„....,--'„,- -,
.- ,....„
.. • :••••:•.,-:!V.:--- ,...,',..:'„/
. , ,
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„--„:.• , .
r . ,
L. ' . •, .
---,/
• - - thence west 77 4/7 rods to the true point of beginning; --_--- -,
thence west 180.64 feet; thence south 290 feet; thence',-' east 180.64 feet; thence north 290 feet to the point of
beginning, EXCEPT any portion thereof lying within the ---.- ,
,,'- bOundaries of 41st Street along the north line of said
tract.
-Stephen)q. Miller and Betty E. Miller: -.,.
That portion of the West 1/2 of the Southeast 1/4 of
the southwest 1/4 and of the East 1/2 of the Southwest
1/4 of--ttm/Southwest 1/4 of Section 25, Township 35
North, Range/I>East, W.M., described as follows:
Beginning at the Northeast corner of the Southeast 1/4
of the Southwest 1/4of said Section 25; thence West 77
4/7 rods; •dua-- a distance of 290.00 feet,
to the true point of beginning; thence West a distance
of 180.64 feet;\thendouth a distance of 285 feet;
thence East 180.64 feet; thence North a distance of 285
feet to the true point_of,beginning.
Robert A. Ford and Ida M..' Ford:
-...
That portion of the West 1/2 of the Southeast 1/4 of
the Southwest 1/4 and of the East 1/2 of the Southwest
1/4 of the Southwest 1/4'iSeCtipn 25, Township 35
North, Range 1 East, W.M., described as follows:
,--:, --
, Beginning at the Northeast corner-'of-- the Southeast
Quarter of the Southwest 1/4 of-'p41ection; thence
West 77 4/7 rods; thence South 575 4e6t, to the true
point of beginning of this description;-:„,thence West a
distance of 180.32 feet; thence soiath'::4„,custance of
290.00 feet; thence Bast 180.32 feet; thence North to
the point of beginning. .., ,. .
Donald F. Escher and Shirley P. Escher:
That portion of the West 1/2 of the Southeast 1/4 of
the Southwest 1/4 and of the East 1/2 of the Southwest
1/4 of the Southwest 1/4 of Section 25, Township 35
North, Range 1 E.W.M., described as follows:
'
_ z Beginning at the Northeast corner of the Southeast 1/4,-Y .
of the Southwest 1/4 of said Section 25; thence West 77V
.,,
4/7 rods; thence due South a distance of 865.00 feet,\ ,---.,
to the true point of beginning; thence West a distance , /,'/ ...
J•
of 180.32 feet; thence South a distance of 290 feet;
thence East 180.32 feet; thence North a distance of 290
./ ,---,- ,,:\. feet to the true point of beginning.
\,------/ Z2. The strip of land herein referred to as of date hereof
iS„
','Uninproved and shall never be used for any purpose other than ,-,:---'
, ,,-, -,
AS herein set forth.
•
• -(,-3.- t such time as the owners of a majority of the land ' ''''- •-'
abutting„Upon said property to the west shall agree, .there may be -"'•,'
.
installedAlnderground utilities, including but not limited to
electric power lines, telephone lines, gas lines, water lines,
cable television,lines and similar utility lines, throughout the
length of-seld'easement area, connecting with utility main and
supply linei-/yahe*. appropriate, in accordance with standards,
-,,,. •
..,-',
, WELLS i J011115011, Attorneys at Law •
r \
P.O. Box 158, 913 Seventh Street •
2 - Anacortes, WA 90221 (206)293-9566
-!. . r,,
9105070015' . ,
' VOLwt. 975 racE470.
1.
,,__,.. ;.:::::.,,.: .
.
,-,-
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'1._:;',_,•a*.:s:':,2v,-), ,c,z,m,,,,__ . ,. ,
' • .
.. -
- . .
,
rules and regulations of the utilities involved, and the cost
' thereof shall be assessed against and paid equally by all of the
landowners to the west abutting upon said property, whether or
not any landowner was in the majority agreeing to said
improvement. _ . -
- .
- ,
4. No view obstructing installation, structure or
horticultural, growth shall be allowed above ground on the
easement area.
5. This Declaration of Easement shall inure to and be
binding upon the parties hereto, their heirs, executors,
administrators arld. assigns, who are successors in interest in
ownership of the properties herein described.
Dated and executed this ,- day of April, 1991.
UN,- (SEAL) '
7 A
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. .
. ,. ....
(SEAL)
(SEAL)
(SEAL)
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JaC L YY) - Thnd - (SEAL)
A- b ofLfL-..ts
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....5244.7. ,.....2
(SEAL)
,.., ,,....
, .- :•C 071 Z:.j. .. ,
. ..
. - _ -. STATE OF WASHINGTON
:SS :,
COUNTY OF SKAGIT ) -On this day personally appeared before me JACK B. TOBIEN,
SARAH TOBIEN, STEPHEN J. MILLER, BETTY E. MILLER, ROBERT A. FORD,
-,,IDA`M. FORD, DONALD F. ESCHER and SHIRLEY P. ESCHER, to me known , , . -,, _
tO,-4e;the individuals described in and who executed the within
and,-foregoing instrument, and acknowledged that they signed the
. _
same es,their free and voluntary act and deed, for the uses and ,-- -,
,-441450therein mentioned.
CZj
i - - „,•,:. 4,-..........- Ieri- Under my hand and official seal this g day of
:- - _-
.t.--,'":••..A.p. „....-19I,- '-.
.1-;:"i:,i4'.:41•••••,-? •0:',,,i- -.' . -
i..1, ie....e.„2.4 .
Notary Public in and for the State of
Washington, residing at Anaccrtes -'
-- . -
. • -;....,"”' •
My appointment expires Nov. 11, 1991
. '
WELLS S JOHNSON, Attorneys at Law
P.O. Sox 158, 913 Si/4'8th Stmt
, ; f - 3 - Anacortes, WA 98221 (206)293-9566 - :
--
.
9105010' WS : / —
, I VOL 975 ra471.
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