HomeMy WebLinkAbout2007.06.30 - John Watts Email to Judy Surber RE Robert's PropertyPage 1 of 3
Judy Surber
From: John Watts
Sent: Saturday, June 30, 2007 11:22 AM
To: Judy Surber
Subject: FW: Lot 10 and Lots 1 -9, Bl. 14, Phillips Addition
Fallow Up. Flag: Follow up.
Flag Status: Flagged
Judy — following is the gist of what you or City staff should say to any inquiry re Roberts (lots 1 -9) or Horton (10)
Rtappears that there is a problem with the transfer of ownership of lot 10 (from lots 1 -9) that from our
review occurred in 1993, after the City adopted the minimum lot size requirement in the critical areas
ordinance (CAO, adopted in 1992). If so, the problem is that lots 1 -9 may not be developable as a
separate parcel from lot 10. Likewise, lot 10 may not be developable as a separate parcel from lots 1 -9.
Under the City's CAO, it appears lots 1 -10 would not have been able to have been divided to create
more than one building site.
The City Attorney will be providing a more detailed review and analysis in the next week.
From: John Watts
Sent: Friday, June 29, 2007 5:47 PM
To: msandoval @ptcitycouncil.org; sandoval @olympus.net
Cc: Judy Surber
Subject: FW: Lot 10 and Lots 1 -9, BI. 14, Phillips Addition
Michelle — Below is First American's email that there was no separate deed or deed release for lot 10 from
Roberts to Howard.
Based on the above, and the documents I have seen, it appears that the transfer of ownership of lot 10 (for lots 1-
9) occurred in 1993, after the City adopted the minimum lot size requirement in the critical areas ordinance (CAO,
adopted in 1992), and therefore lots 1 -9 may not be developable as a separate parcel from lot 10. Likewise, lot
10 may not be developable as a separate parcel from lots 1 -9. Under the City's CAO, it appears lots 1 -10 would
not have been able to have been divided to create more than one building site.
I will provide you more information next week. In the meantime, I trust you will advise Roberts to let interested
buyers know of the problem.
Please call with any questions.
John Watts
City Attorney - City of Port Townsend
250 Madison Street, Suite 2
Port Townsend, WA 98368
Telephone: 3601379 -5048 Fax: 3601385 -4290
From: Rochelle Lewis [ma Oto: rlewis@fatcojc.com]
Sent: Sunday, June 24, 2007 9:51 AM
To: John Watts
Subject: RE: Lot 10 and Lots 1 -9, BI. 14, Phillips Addition
8/15/2007
Page 2 of 3
John — there are no other conveyances of lot 10 other than what you have listed. The Deed of Trust that was
foreclosed was only for Lots 1 thru 9 so that was all that was foreclosed leaving Howard with Lot 10, upon which
he apparently didn't pay taxes so the county took it in foreclosure. There were no partial releases of the Deed of
Trust prior to the trustee's foreclosure of it either.
Hope that answers your questions.
Rochelle Lewis
Title Officer
First American Title Company
of Jefferson County
2037 E Sims Way
P.O. Box 598
Port Townsend, WA 98368
PH (360) 385 -1322 or 1- (800) 401 - 1009
FAX (360) 385 -1877
From: John Watts [mailto:jwatts @cityofpt.us]
Sent: Wednesday, June 20, 2007 2:58 PM
To: Rochelle Lewis
Subject: FW: Lot 10 and Lots 1 -9, BL 14, Phillips Addition
I believe the correct date for the DOT is January 21, 1992,
From: John Watts
Sent: Wednesday, June 20, 2007 1:37 PM
To: rlewis @fatcojc.com
Subject: Lot 10 and Lots 1 -9, BI. 14, Phillips Addition
Rochelle — could you please provide information on the following:
Regards Lot 10, the only "recent" conveyances I have are
There is a Jan. 14, 1992 SWD Auditor no. 346832 Roberts to Howard for lots 1 -10.
There is a Howard to Roberts Jan. 21, 1991 DOT under auditor file no. 346833 for Eats 1 -9.
Roberts foreclosed on the DOT resulting in a Trustee Deed Majahn to Roberts for Lots 1 -9 (Trustee Deed
Auditor 364381, Sept, 1993). Roberts still shows as the current owner of lots 1 -9 per assessor records
APN 987 001 401.
County foreclosed on Lot 10 resulting in Tax Deed (Dec. 1997) for Lot 10 County to Horton. Horton still
shows as current owenr of lot 10 per assessor's records (APN 987 001 410).
Question # 1: Is there any other deed (or deed release) from Roberts to Howard for Lot 10 in the 1992 -1997
timeframe, other than the SWD in the first bullet (Jan. 14, 1992 SWD Auditor no. 346832 Roberts to Howard for
lots 1 -101.
Question # 2: A note in the DOT (second bullet - Howard to Roberts Jan. 21, 1991 DOT under auditor file no.
346833 for lots 1 -9) says "beneficiary agrees to reconvey a lot of grantor's choice upon payment of additional
2,000.00...." Was there any other conveyance of any lots within lots 1 -10 from Robert to Howard, other than
the SWD in the first bullet (Jan. 14, 1992 SWD Auditor no. 346832 Roberts to Howard for lots 1 -10).
Please let me know if the cost for your services exceeds $50. Thanks and please let me know any questions.
John Watts
City Attorney - City of Port Townsend
8/15/2007
Page 3 of 3
250 Madison Street, Suite.2
Port Townsend, WA 98368
Telephone: 3601379 -5048 Fax: 36013854290
8/15/2007