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19-103336FILE CITY OF Federal Way Centered on Opportunity July 15, 2019 Mr. Homer Anders Anders Land Surveying 29601 3M Avenue South Federal Way, WA 98003 Re: File No 19-103336-AD; PLANNING DIVISION COMMENTS Gilmer Property and Potential BLA, 537 SW 3120, Street, Federal Way WA Dear Mr. Anders: CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederalway.. com Jim Ferrell, Mayor This letter is a follow-up to our meeting on May 21, 2019, and your May 30, 3019, letter to me and Planning Manager Doc Hansen in the City of Federal Way Planning Division. At our May 21, 2019 meeting, city staff offered to conduct a cursory review of a proposed Boundary Line Adjustment (BLA) for the Gilmer Property at 537 SW 312th Street. Your May 30, 2019, submittal includes a letter describing several complex issues, including, but not limited to: boundary line adjustments; property disputes; land survey discrepancies; record of survey; unrecorded Plat of Mirror Lake; and proposed property line agreements between various parties. City staff had anticipated that you would submit a draft of the BLA map document for our cursory review, prior to submitting a formal BLA application. Since you have not submitted a draft of the BLA map, in order to further assist you in preparing a code compliant BLA application, city staff offers the following comments on the information and documents you submitted on May 21, 2019: ■ The submitted information is not a draft of the BLA map document; therefore, we cannot provide technical comments on this information as a BLA. • The Record of Survey is not a BLA. • The city is not reviewing the submitted land survey as the city does not have a Licensed Land Surveyor on staff. Any survey information on a future BLA map needs to be stamped and signed by a surveyor licensed by the State of Washington. Legal requirements of the survey document/map are the responsibility of the Licensed Land Surveyor. • A BLA cannot result in creation of any new lots, and a BLA cannot compound or create any non -conforming development, such as nonconforming building setbacks, etc. ■ A BLA that divides Lot 6 of Mirror Lake Unrecorded Plat and attaches portions of Lot 6 to the adjacent Lots 5 and 7 is achievable through a city reviewed and approved BLA. ■ To achieve the BLA which attaches portions of lot 6 to the adjacent lots 5 and 7, a formal BLA application and accompanying materials in accordance with Federal Way Revised Code (FWRC) Title 18 needs to be prepared and submitted to the city. In summary, the BLA application must be prepared and signed by a Licensed Land Surveyor, The BLA application must include and ',Mr. Homer .finders Page 2 of 2 July 15, 2019 address all items on the enclosed BLA Handout and enclosed Public Works BLA Review Checklist, and include but not limited to the following: Master Land Use Application (MLUA); BLA map; lot closure calculations (signed and stamped); current title report for all properties; BLA application fee; and signature of all property owners on the BLA map. • If the BLA also proposes to adjust the property line between Lots 7 and 8, that could be accommodated on the same BLA, or on a separate BLA. Any changes to lot 8 would require signature of the owner of lot 8. • City staff is not involved in any boundary / property line disputes. Any property line disputes are a civil matter. • City staff is not involved with any agreements between property owners. ■ City staff is not reviewing or making any judgement on the 1930's era Unrecorded Plat of Mirror Lake. • City staff has no comment or judgement regarding your comment about "probable as staked lines" referenced in your letter. • Your red -line comment regarding "area to be transferred back after 11, Boundary Line Agreement and Recorded as a Record of Survey" has no bearing upon a BLA application. One intent of the BLA may be to resolve property line disputes between property owners, but the city is not involved in such private property issues. Following city approval of any BLA, and prior to the BLA recording, the King County Assessor's Office also reviews and signs the BLA map, including legal description review, property line review, etc. In order to avoid potential survey and legal description discrepancies, city staff encourages you to request the King County Assessor's Office to conduct a pre-screening of the BLA map, prior to final city approval of the BLA map. If you have any further questions or need additional information, you may contact me at 253 835-2652, or 'im.harris i offederalw .coin. Sincerely, Harris Senior Planner rnc: Master Land Use Application BLA Handout Public Works Dept. BLA Review Checklist c: Doc Hansen Planning Manager Gary Gilmer, 537 SW 31211, Street, Federal Way, WA 98023 19-103336.00-AD D- I.D. 79374 Pi *w.� E ! ` L s r i' n ,�l t`otit p �A �`r �` F ro ` 'ao cnkt "Po r e r Pole {7 rr* Madersrored .� 1 yet Leeds OmN. w� / ' I ►I � r . ! y'.A •� R� �► � �C� r i � I � , �. t� D Q "fir ®OI/ i I s IL Jigs. fpe ' f DST� � V w% i ,,• "+ • N r- c Q� : � f t p xIa is 1 ••Q 4 � .� �P i.^ O ,b- � �!. ` k % fJ ` L ►� 3 "� N .7 o t _ �" �nl ti4 ,Z � i 0 >.. + t tee C f Ire v D O r 5e10 eta v �D. ti� `' '4 t` co)rG fob �. G;bo i W +t� ° ❑ ; ' � • d1O�E. i \ �1� ri i #442 ' ft 46, 4e �? & O Q . cj 41r44 cop c�2 , v�\\ � �. ��='or a ►,ram � W p� f! (/, � N IP • 4a \\ t 40-. 4, !yf a r D wQD • o g V. lb Qa " `shot a •. Ao as � rr o � o t L�� ` S19s3,30f fe^ce a � 6 �f �:i Ed' as f ¢. Lot Lot 1` OA a ANDERS LAND SURVEYING 29601-3RD Ave. South Federal Way, Wa. 98003 (Tel. = 253-941-4160) Job No 897 Date: May 30, 2019 City of Federal Way Planning Department Jim Harris, Planner Robert "Doc" Hansen, Planning Manager Subject: As per our meeting on May 21, 2019, submittal Of a 6 Page "Record of Survey" Proposal for Gary S. Gilmer involving Lots 5, 6,7 and 8 of Mirror Lake, an Unrecorded Plat and Gilmer Lots 6 and 7 located at or near 537 SW 312th ST. Federal Way, Wa. 98023. Dear Sirs: As we discussed, we request an "unofficial review" of this Submitted data for your consideration of how the issues raised On the survey (NOT recorded yet at this time) to see how you Believe this proposed agreement on "lines A, Line B and Line C" MIGHT impact your rules on "Boundary Line Adjustments". At the time of preparation of this "proposed Boundary Survey", Mr. Gilmer and Mr. Roper had purchased (together) all of Lot 6 And proposed to divide it into TWO equal areas and attach each Part to their Lot 5 and Lot 7. They have not been able to (up to this time) agree on the exact position of Lot 6 on the ground. Just recently„ I learned that MR. Gilmer had purchased the part of Lot 6 through a Quit Claim Deed (Auditor's Fee No. 20180709000320) from Mr. Roper. We, (I and Mr. Gilmer) now anticipate that Mr. Roper will sign the Boundary Line Agreements for the Lines Labeled as "A, B and C" as well as the owner of Lot 8 ( Eddie Ianosel-Parcel No. 5559200040) so we can proceed (Continued on Page 2) Job No 897 Date: May 30, 2019 (Page 2) City of Federal Way Planning Department Jim Harris , Planner Robert "Doc" Hansen, Planning Manager With this proposed Agreement for these 4 Lots as placed and Labeled as "the probable As -Staked Lines" of the original Unrecorded Plat of Mirror Lake". As we see this situation, IF the referenced parties sign this agreement, they will immediately want some small portions of these agreed lines To be transferred back in ANOTHER agreement. One such Small portion is that part cross -hatched In Red to have the Final agreed line to go down the shown existing cyclone fence. The Question in this case if this is done, are we doing a "Boundary Line Adjustment under the City/s regulations, Etc. If so, can we just reference the Recording of this Survey (assuming we get the required signatures) and just show the subject 4 lots on your "Boundary Line Adjustment" form, etc.? I have not put anything in this letter about why this complex Situation has come up but there is much important information On this survey for the WHOLE PLAT of Mirror Lake that I am Pretty certain has never been properly researched and Recorded Before. I am going to put my License in Retirement Status soon And we need to get this situation settled soon. I would be happy To meet with you at any time to go over those items shown on This "Record Of Survey" and to get it Recorded into the official Documents before I retire. Any help you can give us would be Greatly appreciated. Since ely Yours, Omer Anders Licensed Washington Land Surveyor, LS 16190 I ANDERS LAND SURVEYING 29601- 3 Ave. South Federal Way, Wa. 98003 (Tel. = 253-941-4160) Job No 897 TO WHOM IT CONCERNS: Date: May 31, 2019 1. The Unrecorded Plat of Mirror Lake located in the NW 1/4 of the SE 1/4 Of Section 7, T 21 N, R 04 E, W. M. was surveyed in the early 1930's And at that time the only distance measurements were made with Steel Chains of 200 or 300 feet in length. By the time that the King County Survey Crews (See Field Book No. 763-c, Page 18) discovered the "incorrect stone" set by the Mirror Lake Subdivision And "notified them" in Dec., 1942, this Subdivision was most Likely all ready staked out and even some lots already sold and Most likely nothing was done after the original staking. 2. In order to get the control for this staking, the survey crew would Have to measure over 2 miles +- to tie the 4 quarter corners of This said Section 7. In addition, they would have to measure another Mile +- along the Easterly line and the Southerly line of the Southeast 1/4 of said section. In addition, they would have to measure another 1300 +- feet =- along the Easterly side of the NW 1/4 of the SE 1/4 and another 1300 +- feet along the Southerly side of said Section Division. This all was at a time when RCW subdivision rules allowed 1 foot of mis-closure for every 5,000 feet measured. 3. At the time of this subdivision staking, standard practice was to set Wood 2" by 2" wood stakes for MOST of the Lot Corners with only a Few "control points" being set with Iron Pipes. Staking Diagrams obtained from King County files only shows a couple of such Iron Pipes to be set and the One along the Westerly line of Lot 7 does not Conform with the dimensions along that line A few of those wood Stakes may have been set with "nail and washers" on the top of the Stakes for the accurate progress of the staking over some fairly long Period of time. (Continued on Pag 2) ANDERS LAND SURVEYING 2960173 Ave. South Federal Way, Wa. 98003 (Tel. = 253-941-4160) Job No 897 Date: May 31, 2019 TO WHOM IT CONCERNS: (Page 2 of continued comments) 4, In July , 19609 LS Fredrick M. Drake surveyed Mirror Lake Estates in Vol 65, Page24 which is located on/ Near the Northerly Part of the Westerly line of the Subject unrecorded Mirror Lake Plat. As per data s Shown on a "Record of Survey" (Not filed yet at this Report- awaiting "boundary line agreements" form Adjacent owners of Lots 6 and 7), this 1960 plat must Have realized the potential "overlap" with this Unrecorded plat in that he staked the 1960 plat some 3.24 feet "Easterly" (At the Southwest corner of his Plat) from the true 1 / I Oh Line. 5. As per all Notes on the "Anders Survey for reaching a Boundary Line Agreement ONLY on Lots 6 and 7 of This Unrecorded survey of Mirror Lake, ALL who Read this "To Whom It Concerns" is strongly advised NOT to use any of this information without having your Own Survey and your own Advisors. As per Notes 1 and 2, Page 1 of the "Anders Survey", all data was Developed for the exclusive use of the Client who Is Gary S. Glimer RECEIVED OCT 21 2ma A� Y &A" -/ /C-, //7/,l,') IVJT"( A0AC1V41e1Vr nz iv 5e i; ;,45f 333z 5- 8r3 .4ke,5- A68,<-z,Vz L✓A ?go0,3 From: Homer Anders Sent: Wednesday; Oc���j �1i�7V�19��;29 PM To: robert.harnsen@cityaffe alopment ament Cc: jim.harris@cityoffederalway. om Subject: October 08, 2019 Meeting and Application of RCW 58.17.255 to a BLA In City of Federal Way Robert "Doc" Hanson, Planning Manager, Community Development Department Thank You for Meeting with me on October 08, 2019 to discuss the above referenced Revised Code of Washington State and the Previously supplied copy of the Federal Way Code. At first Glance, the City code appears to be the same as the State Code but upon Close examination of the two, the EXACT WORDING is not the same (See Attachment) Although the final results may be the same the State one uses "proposed subdivision or Short plat" while the City one uses the words "final plat'. I was not really aware of this At the time of our meeting. However, our discussion centered around whether this Concept as relating to "adverse possession considerations" on a proposed Boundary Line Adjustment (BLA) would be applicable to such a submission to the City. As I Understand what you said, you believe that your code (and by obvious extension) would ONLY apply to full subdivisions and/or Short Plats and NOT to the BLA's because the full Subdivisions would only be concerned about the outside PERIMETER of said divisions While the BLA is only concerned about the adjustments of "interior lines" of that Proposal. While I understand that the State cannot dictate to the Cities what they will do Or interpret in these cases and that each City in the State can also use different Interpretations from each other, I would like to point out that the City of Auburn Under BLA 15-0003, Recording No. 20150812900007 (ROS 329, Pages 329, 044-045) Allowed this to be done on the perimeter of that BLA (a fence that encroached by Approx. 0.5 feet on the North to Approx. 1.8 feet on the South). As you will recall, we (I and You and Jim Harris and two of my Client's Gary Gilmer and Steve Sawatzky) met at City Hall to discuss these issues witch Have held up their abilities to adjust some of the lines of their respective Properties because of such "adverse possession considerations" (one is because Of "errors" in the original "unrecorded plat' and the other is because of Differences in numerous Recorded Surveys with some amounts of either Built fences and/or `occupation item". At this time, neither of these client's Have been able to secure written settlements with adjoiners and they would Like (maybe even "Need") to be able to Record this data as a BLA in such a Way that neither "minimum lots area" nor "building set -back lines" would be Compromised IF "the worse case scenario resulted". In the case of the "difference In Recorded Survey Measurements", the Client and I have proceeded to file "Record of Survey" at King County. In the other case (the "unrecorded plat") we have NOT Yet "Filed a Record of Survey" but if necessary, this should be done very soon (I am retiring very soon and will not have a State License to proceed). Of Course, The client would rather have only one "Costs" and that is as a Boundary Line Adjustment and needs to be able to Record as such through the City Approval Process. We ask that you re -consider the application of the RCW to any BLA that is submitted to the City (I understand that ALL OF The Application Fees For a BLA is $2835 (includes fee to the Fire Department and the Water & Sewer District). Thank You, Homer Anders, Washington Licensed Surveyor (LS 16190) Sent from Mail for Windows 10