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Home My WebLink Aboutres2004-021WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2004 -141 CLEARANCES toidalc Date Dace Received in Council O se A ends Date Assi tied to: Originator: Debbie Hayes 3/oal04 E 0 „n v MAR t 6 2004 WHATCOM COUNTY COUNCIL 3/23/04 Finance / Council Division Head: Dept Head: Barbara J Cory Prosecutor N Pushasing /BudgeC � t ! Executive: SUBJECT: Resolution to set hearing to sell Tax -Title property by public auction Req. #01 -04 ATTACHMENTS: • Agreement between Sudden Valley Community Association, City of Bellingham, Water District 10 and Whatcom County. • Restrictive Covenant Related County Contract #: Should Clerk schedule a hearing: NO / / YES / —X / Requested Date: SUMMARY STATEMENT: The Property Management Committee recommends that the resolution be passed to effective) meet P Y the legal requirements of the agreement between Sudden Valley Community Association, City of Bellingham, Water District 10 and Whatcom County. • Exhibit A Ordinance & Resolution To keep down our copying corn, receive a ra after Council amen. Distribution Request indicate only those who must List names m the r; ht ADS Facilities Management - DSFlnanre ADSHuman Resource. ADS Info Services Assessor Auditor Cooperativeatenston District Court Executive Health RECOMMENDED ACTION: nearing Erammer ai Juvenile Parks Planning COUNCIL ACTION TAKEN., 2004- 141 312312004: Approved 7-0, Res. #2004 -021 - Prosecutor Public Works Sher Superior Court r " Debbie Ha es artier er Ordinance or Resolution item): S i Number . D�'(this SPONSORED BY: Consent PROPOSED BY: Treasurer INTRODUCTION DATE: 3/23/04 RESOLUTIONNO. 900 -021 HEARING AND NOTICE OF HEARING ON SALE OF COUNTY TAX TITLE PROPERTY REQUEST NO. 01 -04 I WHEREAS, the following described property is now, and has been the property of the 2 County of Whatcom, State of Washington since: as noted per parcel below and, 3 WHEREAS, the Whatcom County Council does deem it in the best interest of the County 4 and the people thereof that said property be sold; and, 5 WHEREAS, the Whatcom County Property Management Committee recommends the 6 sale of the subject property by public auction to effectively meet the legal requirements of the 7 Agreement between Sudden Valley Community Association, City of Bellingham, Water District 8 10 and Whatcom County, Contract No 200311007; and, 9 WHEREAS, the Water Resource division of Whatcom County Public Works reviewed 10 the parcels and does not see an appropriate need to restrict the movement of this process; 11 NOW, THEREFORE, BE IT RESOLVED that it is in the best interest of the County to 12 sell: 13 73 Sudden Valley lots referenced in Exhibit A as one lot for a minimum bid of 14 $31,925.94, representing the reduced minimum bid price for each of the properties subjected to 15 the Restrictive Covenant, AF# 204023727. 16 to the highest and best bidder; and, 17 BE IT FURTHER RESOLVED by the Whatcom County Council, that a public hearing 18 on the matter of the sale of said property, under said terms, be held on the 6th day of April 19 2004, at 7 p.m., at the Whatcom County CourthouseWhatcom County, Washington; and, 20 BE IT FURTHER RESOLVED that the Clerk of the Whatcom County Council shall give 21 notice of such hearing in the manner prescribed by law under RCW 36.34.030. 22 APPROVED this 23 23 "04%,1.n111111" 24 ATTEST- %%%,%% ( CO(�N'� /�� ? N`T c�:0 C�� 25 WASI$f�AL�J 26 27 Dana 28 APPROVED AS day of March 2004. 29 ) I' t L, 30 Civil D Deputy Prosecuting Attorney WHATCOM COUNTY COUNCIL WHATCOM COUNTY, L /YOB 15an McShane, Chair EXHIBIT A SUDDEN VALLEY TAX -TITLE PROPERTIES Parcel # Legal Description Land AV 370301465230 -0000 SUDDEN VALLEY DIV 9 LOT 65 $1,000.00 370301- 564261 -0000 SUDDEN VALLEY DIV 9 LOT 9 $2,000.00 370406-023362 -0000 SUDDEN VALLEY DIV 14 LOT 45 $1,000.00 370406023378-0000 SUDDEN VALLEY DIV 22 LOT 134 $1,000.00 370406099250-0000 SUDDEN VALLEY DIV 14 LOT 99 $1,000.00 370406110252 -0000 SUDDEN VALLEY DIV 14 LOT 92 $1,000.00 370406110314 -0000 SUDDEN VALLEY DIV 14 LOT 15 $1,000.00 370406115241 -0000 SUDDEN VALLEY DIV 14 LOT 90 $1,000.00 370406120264 -0000 SUDDEN VALLEY DIV 14 LOT 59 $1,000.00 370406121216-0000 SUDDEN VALLEY DIV 14 LOT 106 $2,000.00 370406123231 -0000 SUDDEN VALLEY DIV 14 LOT 88 $1,000.00 370406147189 -0000 SUDDEN VALLEY DIV 11 LOT 47 $1,000.00 370406152202 -0000 SUDDEN VALLEY DIV 14 LOT 82 $1,000.00 370406158478-0000 SUDDEN VALLEY DIV 22 LOT 170 $1,000.00 370406166182 -0000 SUDDEN VALLEY DIV 11 LOT 44 $1,000.00 370406167337-0000 SUDDEN VALLEY DIV 6 LOT 58 $1,000.00 370406174358-0000 SUDDEN VALLEY DIV 6 LOT 34 $1,000.00 370406177486 -0000 SUDDEN VALLEY DIV 22 LOT 202 $1,000.00 37040616307 8-0000 SUDDEN VALLEY DIV 11 LOT 164 $2,000.00 370406183330 -0000 SUDDEN VALLEY DIV6 LOT 54 $1,000.00 370406207441 -0000 SUDDEN VALLEY DIV 22 LOT 189 $2,000.00 370406208328 -0000 SUDDEN VALLEY DIV 6 LOT 41 $2,000.00 370406229397-0000 SUDDEN VALLEY DIV 10 LOT 180 $2,000.00 370406250153 -0000 SUDDEN VALLEY DIV 11 LOT 11 $2,000.00 370406266361 -0000 SUDDEN VALLEY DIV 10 LOT 143 $2,000.00 3704063332160000 SUDDEN VALLEY DIV 10 LOT 40 $2,000.00 370406343363 -0000 SUDDEN VALLEY DIV 10 LOT 89 $2,000.00 370406357408-0000 SUDDEN VALLEY DIV 16 LOT 272 $2,000.00 370406368107 -0000 SUDDEN VALLEY DIV 4 LOT 132 $1,000.00 370406378310 -0000 SUDDEN VALLEY DIV 16 LOT 294 $2,000.00 370406382092-0000 SUDDEN VALLEY DIV 4 LOT 129 $1,000.00 370406383080 -0000 SUDDEN VALLEY DIV 4 LOT 127 $1,000.00 370406383307 -0000 SUDDEN VALLEY DIV 16 LOT 295 $2,000.00 370406396330 -0000 SUDDEN VALLEY DIV 16 LOT 176 $2,000.00 370406-000125-0000 SUDDEN VALLEY DIV 16 LOT 210 $2,000.00 3704064121360000 SUDDEN VALLEY DIV 16 LOT 208 $2,000.00 370406441237 -0000 SUDDEN VALLEY DIV 16 LOT 143 $2,000.00 370406 - 441243 -0000 SUDDEN VALLEY DIV 16 LOT 144 $2,000.00 370406451124 -0000 SUDDEN VALLEY DIV 16 LOT 122 $2,000.00 370406361142 -0000 SUDDEN VALLEY DIV 16 LOT 96 $2,000.00 370406470064 -0000 SUDDEN VALLEY DIV 4 LOT 18 $2,000.00 3704064990060000 SUDDEN VALLEY DIV 2 LOT 185 $2,000.00 370407 - 2153950000 SUDDEN VALLEY DIV 24 LOT 155 $2,000.00 370407- 219402 -0000 SUDDEN VALLEY DIV 24 LOT 213 $2,000.00 370407- 243370 -0000 SUDDEN VALLEY DIV 24 LOT 161 $1,000.00 370407- 253429-0000 SUDDEN VALLEY DIV 24 LOT 201 $1,000.00 370407. 361165-0000 SUDDEN VALLEY DIV 24 LOT 38 $1,000.00 EXHIBIT A SUDDEN VALLEY TAX -TITLE PROPERTIES 370407 - 362143 -0000 SUDDEN VALLEY DIV 24 LOT 45 $2,000.00 370407 - 367157 -0000 SUDDEN VALLEY DIV 24 LOT 40 $1,000.00 370407- 389430 -0000 SUDDEN VALLEY DIV 3 LOT 210 $3,000.00 370407 40944 &0000 SUDDEN VALLEY DIV 3 LOT 36 $2,000.00 370407411195 -0000 SUDDEN VALLEY DIV 25 LOT 108 - $1,000.00 37040743020 8-0000 SUDDEN VALLEY DIV 25 LOT 144 $2,000.00 370407451195-0000 SUDDEN VALLEY DIV 25 LOT 123 $2,000.00 370407465204 -0000 SUDDEN VALLEY DIV 25 LOT 128 $2,000.00 370407472203-0000 SUDDEN VALLEY DIV 25 LOT 129 $2,000.00 370407487223-0000 SUDDEN VALLEY DIV 25 LOT 158 $2,000.00 370407492105 -0000 SUDDEN VALLEY DIV 30 LOT 11 $1,000.00 370407 - 500053 -0000 SUDDEN VALLEY DIV 30 LOT 101 $1,000.00 370407 - 515240 -0000 SUDDEN VALLEY DIV 25 LOT 22 $2,000.00 370407- 521244 -0000 SUDDEN VALLEY DIV 25 LOT 23 $2,000.00 370407 - 527042-0000 SUDDEN VALLEY DIV 30 LOT 60 $1,000.00 370407 - 530023-0000 SUDDEN VALLEY DIV 30 LOT 88 $1,000.00 370407-533248-0000 SUDDEN VALLEY DIV 25 LOT 25 $2,000.00 370407 - 5440160000 SUDDEN VALLEY DIV 30 LOT 86 $1,000.00 370408-009116.0000 SUDDEN VALLEY DIV 30 LOT 33 $3,000.00 370408-031090 -0000 SUDDEN VALLEY DIV 27 LOT 88 $2,000.00 370408 -035429 -0000 SUDDEN VALLEY DIV 1, REPI-AT LOT 20 $2,000.00 370408-066022 -0000 SUDDEN VALLEY DIV 30 LOT 69 $3,000.00 37040 &052201 -0000 SUDDEN VALLEY DIV 27 LOT 26 $2,000.00 37040 8055007-0000 SUDDEN VALLEY DIV 30 LOT 78 $2,000.00 37040 8-153007 -0000 SUDDEN VALLEY DIV 28 LOT 78 $1,000.00 37040 8-216017-0000 SUDDEN VALLEY DIV 28 LOT 64 $1,000.00 COUNTY �76od WHATCOMCOUNTY `( CONTRACT NO. x0031 100�I a o AGREEMENT BETWEEN SUDDEN VALLEY COMMUNITY ASSC CIATION, CITY OF BELLINGHAM, WATER DISTRICT 10, AND WHATCOM COUNTY p ° - a s This agreement between the Sudden Valley Community Association ( "SVCA'), City of U -Bellingham ( "City'), Water District 10 ("District"), and Whatcom County ( "County") is entered into this vc _ day of November, 2003. zpwo` a m WHEREAS, Sudden Valley is an area of residential development in the Lake Whatcom watershed and in unincorporated Whatcom County, operating lender the control of the Sudden Valley Community Association (SVCA), a non -profit association; and WHEREAS, water drawn from Lake Whatoom is used to serve the drinking water needs of over 85,000 residents, approximately half the county's population; and WHEREAS, there are concerns that residential development within the Lake Whatcom watershed, including the area of Sudden Valley, could degrade the quality of water that is withdrawn from Lake Whatcom for drinldng water purposes; and WHEREAS, a number of regulatory changes, informational and educational programs, and a variety of private voluntary programs have been instituted with the goal of maintaining a high level of water quality in Lake Whatcom; and WHEREAS, reducing the amount of residential development within Sudden Valley is one of the goals being pursued by a number of parties as a means of maintaining water quality in Lake Whatcom; and WHEREAS, the County, City, and Districtjointly adopted the five -year watershed work plan, Lake natcom Reser irMawgement Program for 2000, through Whatcom County Council Resolution No 2000 -027, Bellingham City Council Resolution No 2000 -14, and Whatcom County Water District No 10 Resolution No 636; and WHEREAS, the Lake Whatcom Rese oirMawgement Program for 2000 states that the highest priority areas for management action are Watershed Ownership, Storawater Management, and Urbanization4md Development; and WHEREAS, the Lake Whatoom land preservation criteria which identify the majority of Sudden Valley lots as priority areas were adopted by the Whatcom County Council (Resolution No 2001 -051), by the Bellingham City Council, and by the Water District 10 Board of Commissioners; and WHEREAS, there are 83 Tax -Title Sudden Valley lots held by the Whatcom County Treasurer's Office; and WHEREAS, the approximate combined minimum bid for the 83 Sudden Valley lots is $72,830 prior to the placement of a restrictive covenant upon each of them; and WHEREAS, it is the intent of theparties that these lots within Sudden Valley be subjected to restrictive covenants that will prohibit building upon them; and I: Lake_Whatc Wand Prese auonvs"en ValleNTax Title LotsUoint Agreemena2003 SV Tax Tlae Agreement- final.doc 11/14103 0 D WHEREAS, in exchange for the placement of restrictive covenants upon the purchased lots, and for the right to require the enforcement of these covenants upon these lots for the purpose of prohibiting construction thereon, the City, District, and County are willing to contribute an amount of money representing a share of the purchase price of the lots; and WHEREAS, the Whatcom County Treasurer's Office has received Applications to Purchase County Property for 10 of these lots. In consideration of the Lake Whatcom Management program and previous efforts in Sudden Valley, the Whatcom County Council has requested that restrictive covenants be recorded for these lots and the properties be offered at public auction; and WHEREAS, in the discharge of its duties as trustee of tax -title properties for the benefit of municipal entities holding liens against those properties, the County is prevented from simply dictating the placement of a restrictive covenant upon those properties; and WHEREAS, it does appear to be legitimate for governmental entities to purchase an interest in tax -title properties prior to them being offered for sale at public auction so long as the interests of the municipal entities holding liens against those properties are not compromised; and WHEREAS, the amount paid for an interest in tax -title property in the form of a restrictive covenant should be applied to satisfy the outstanding liens against that property, and thus may operate to reduce the minimumbid by that amount when the property is offered for sale at public auction or otherwise; and - WHEREAS, it is important to memanahze the agreements pertaining to the purchase of the lots in Sudden Valley and the restrictions upon development of them, so that to which the parties have agreed is clearly stated in writing, and so that their agreement is binding and enforceable upon the respective Parties; NOW, THEREFORE, IT IS AGREED that: Applications to Purchase County Property have been submitted to the Whatcom County Treasurer's Office for 10 individual Sudden Valley Tax Title Lots, as described in Exhibit A. The SVCA will submit an Application to Purchase County Properly to the Whatoom County Treasurer's Office for the remaining 73 lots as one group at a cost of $75 per lot, approximately $5,475 in total. The Whatcom County Treasurer's Office will hold a public auction for these Tax Title Lots. The City of Bellingham and Whatcom County agree that prior to the public auction of these Tax Title Lots, they will negotiate the purchase of a restrictive covenant, the provisions of which are fully set forth in Bxlubit B, for each of these lots in an amount not greater than 50 % of the minimum bid price for each lot. The Restrictive Covenants will be purchased by the City, of Bellingham and Whatoom County by January 30, 2004. The Restrictive Covenant herein placed upon the purchased lots may not be transferred to another lot, and shall be recorded with the Whatcom County Auditor. The resulting minimum bid price for each lot will he reduced by the value of the restrictive covenant. 2. SVCA will, pursuant to the intent of the Sudden. Valley density reduction program, Lake Whatcom Management program and Lake Whatcom land preservation criteria, ensure that a minimum bid is placed on all 83 Tax -Title Lots within Sudden Valley either through the SVCA or individuals participating in the public auction. The total purchase price of the 83 Tax Title Lots will be approximately $36,500,the identity of said lots with their individual approximate minimum bid prices being more fully set forth in Exhibit A, attached hereto and incorporated by reference herein. I: Uke_What \and PresemtlonlSUdden ValleyrTax Title WsVoint Agreemrenf=03 SV Tax Me Aqm ment- fiwl.doc 11114103 3. In exchange for the placement of the above - referenced Restrictive Covenant upon the properties referenced above and identified more fully in Exhibit A, and in keeping with the Lake Whatcom land preservation criteria, the County and City agree to pay to the Whatcom County Treasurer the following amounts, representing for each of those entities one - quarter of the amount of the minimum bid price for each of the properties subjected to the said Restrictive Covenant: • City of Bellingham: $18,207.46 • Whatcom County:$18,207.46 4. In exchange for the placement of the above - referenced Restrictive Covenant upon the properties referenced above and identified more fully in Exhibit A, and in keeping with the Lake Whatcom land preservation criteria, Water District 10 agrees to pay to the SVCA the following amount, representing one -half of the amount of the reduced minimum bid price for each of the properties subjected to the said Restrictive Covenant and purchased by the SVCA: • Water District 10: A maximum of 518,207.46 (through sale of properties negotiated with SVCA), with a proportional reduction in contribution in the event that any of the properties are sold at auction to a party other than SVCA. Dated this _ day of November, 2003. I: Lake_WhatwmtLand PresenaWSudden VaOeytTm Me LotsUdnt AgrewenL1P003 SV Tax Title AWre n"nal.doe 11/14/03 CITY OF BELLINGHAM: 1 L ! I' Mark Asmundson, Mayor Attest: /lD Therese — i` Holm Finance Director • „ a . 1 11 O eoC'r [o STATE O WASHINGTON ) ss. County, of Whatcom ) i �2, .""Tisi' ' '�' B 4 C F Richard E. McKinley, Public Works Director On this 5mday of F6ZPo,%If-4 , 2001, before me personally appeared MARK ASMUNDSON, to me known to be the Mayor of the CfFY OF BELLINGHAM, and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. NOTARY PUBLIC ,J /!t STATE OF WASHINGTON J. LYNNE WALKER N P IC in and for the State of MY Appointment Expires ytg! . MARCH 24, 21104 My appointment expires: 3 aY T. j-v"mE- IJhLee,< L Lske_WhatmniLard Pmser Um)Sudden VaUeff % Tibe LotsVdnt Agmemena2003 SV Tax Title Agreement-final.dm 11114M WHATCOM COUNTY: Approved as to form: od'a /.4t/t'Nd'J Prosecuting Attorney Date Approved: Accepte too County: By: 2 Date: --,Pete Kremen Whatcom County Executive STATE OF WASHINGTON ) County of Whatcom�,( ) On this iy -day of u 20(l, before me personally appeared PETE KREMEN, to me known to be the County ecun of COUNTY, and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. *07AB1• P �� NOTARY PUBLIC in and for the State e of of 2UBU r,O2 Washington residmgatBellingham 31.�G My appointment expires: 12-3/ -0(v . I: Lake WhatcomLLand PeaseivatbnGSWE¢n VaneffaxTUe LdsVotnt / are 112003 SV Tax Title Aoreemenlfinal.doc 11114103 n SUDDEN VALLEY COMMUNITY ASSOCIATION: BY Date: _/. /Z L.f P It, Board of Directors - �! STATE OF WASHINGTON ) ss. County of Whatcont ) " " " "// 4ddOn this Zb a�ay �' 2uye , before me personally appeared wx d1lM , to me known to be the ident, Board of Directors, Sudden Valley Community Association, who executed the above instruument and who acknowledged to me the act of signing and sealing thereof. m LIC INGTON TEN xpires 08 III' � Vii. ti Secretary, Board of Directors Wastringtout residing at Bellin STATE OF WASHINGTON ) ) ss. County of Whatcom ) fl On this A day o 2003', before me personally appeared (fftV:0q2/7 %, to me known to be the Secretary, Board of Directors, Sudden Valley Community Association, who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. m LIC NGTON TEN xpire 5 a s!r 1: Lake_Whatoom\ and Presemtlonl5udden Valleffax Title WsVoint Ag eemen02003 $V Tax Ttle Agreement- finai.doc 11/14/03 C) WATER DISTRICT 10: �e0 I. II Approved as to fort: &/OLl Office of the District Attorney STATE OF WASHINGTON ) COUNTY OF WHATCOM ) as. r) On this 5--n, day of F•e.6 - �,�.o.., -.� 2001, before me personally appeared —fckM O L4-t- , to ne known to be the President of the WATER DISTRICT 10 BOARD OF COMMISSIONERS and who executed the above instrument and who acknowledged to ne the act of signing and sealing thereof. �_ 6VlQSizr NOTARY PUBLIC in and for the Wte of KERRY L MESSER Washington, residing at Bellingham. NOTARY PUBLIC My commission expires: STATE OF WASHINGTON SEPM COMMISSION EXPIRES ' I: lake Whatc Und P2 rvadon\Sudden Valley,Tm Title Lot V"nt A9reelnena20G3 SV Tax Tale Agreement-final.doc 11/14M Exhibit B After recording return to: Adelstein, Sharpe & Serka Post Office Box 5158 Bellingham, WA 98227 -5158 Document Title: Restrictive Covenants Grantor(s): Additional Names On Page Of D Grantee(s) OWN Additional Names On Page Of Do&er60 Abbreviated Legal Description: Assessor's ParGeVrax I.D. Number: RE ECOVENANTS Be it hereby known that Sud4gbda& Community Association with, for the benefit of, and to be enforceable by Whatcom n , oes by these presents, make, establish, confirm and hereby impress upon the real more particularly described in Exhibit B, (the ° Lot(s)') the following Restrictive Co which shall run with each Lot(s) and hereby bind all grantees, assignees and success r se Restrictive Covenants for the term hereinafter stated as follows: 1. Term. The term of these s Covenants shall be perpetual. 2. Use of Lot(s). The Lot(s) s eld by the Sudden Valley Community Association as common area(s) within the plaftU UM@ gI th a Sudden Valley Development in Whatcom County, Washington, for the benefit 4PMMRMIWM and condominium owners and may only be used for greenbelt, park or recreatJogWaposes as determined, from time to time, by the Sudden Valley Community Associati N ildings, structures or other improvements may be constructed, erected or place d on t L except as the same may be incidental to or in furtherance of use of the Lot(s) for gree , park or recreational purposes. Any such structure must comply with then current County regulations and shall be agreed to by the County through its Planning and Development Services Department The restriction on use, as it pertains to Whatcom County, is for the purpose of protecting water quality. The County shall exercise its interest under this covenant consistent with achievement of that goal. 3. Enforcement. Enforcement by Sudden Valley Community Association, Whatcom County, or the designees thereof shall be by proceedings of law or equity against any person or persons violating or attempting to violate any covenant either to restrain violation, to recover damages, or both. The prevailing party in any such proceeding shall be entitled to recover all costs and fees incurred in connection therewith, including reasonable attorneys fees. n DATED this _ day of Sudden Valley Community Association By: . its President STATE OF WASHINGTON ) )ss. COUNTY OF WHATCOM ) On this day undersigned, a Notary Public in and personally appeared Sudden Valley Community Ass Instrument, and acknowledged the t said corporation, for the uses and p is authorized to execute said instrun Witness my hand and official STATE OF WASHINGTON ) )ss. COUNTY OF WHATCOM ) r-) By: its Secretary before me, the of Washington, duly commissioned and swom, to me known to be the President of he corporation that executed the foregoing :nl to be the free and voluntary act and deed of rein mentioned, and on oath stated that sheave If of the corporation affixed the day and year first above written. in and for the state of Washington On this day aP1r . 2003, before me, the undersigned, a Notary Public in and f the Stale f Washington, duly commissioned and swom, personally appeared , to me known to be the Secretary of Sudden Valley Community Ass6cE1jjULn, the corporation that executed the foregoing instrument, and acknowledged the nt to be the free and voluntary act and deed of said corporation, for the uses and p erein mentioned, and on oath stated that shelhe is authorized to execute said in! n half of the corporation Witness my hand and official seal hereto affixed the day and year first above written. Printed Name: Notary Public in and for the state of Washington residing at My commission expires: Whateom County Pete Kremen, County Executive STATE OF WASHINGTON )ss. • COUNTYOFWHATCOM ) On this day of 2003, before me, the undersigned, a Notary Public in and follikiliatate of Washington, duly commissioned and sworn, personally appeared Pete Kremer, a wn to be the Executive of Whatcom County, the municipal corporation that execute the oing instrument, and acknowledged the said instrument to be the free and volu to and deed of said corporation, for the uses and purposes therein mentioned, and a ted that she/he is authorised to execute said instrument on behalf of that corporalfignAW Witness my hand and official WheMo affixed the day and year first above written. Z7 MITI . IVM?rR'ublic in and for the state of Washington t ission expires: Approved as to Fmxn: Daniel L. Gibson Whatcom County Deputy Pros ecutingA orn CD N C C ca N. 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O w �0y r n < g a� O N y 9 Oa ° 9 O N S � W c6 g oo o0o0a0o 8 0 E 88380 0 0 9 M a)O a)m a)a1. L O a` P-9 U m m a' 0 c 0 °n Q a n 3 J F- N F v O After recording return to: Adelstein, Sharpe & Serka Post Office Box 5158 Bellingham, WA 98227 -5158 Illiilll IIIN 2040203727 00 Whatcom County. WA Request ofs Whatcom County Public Works Document Title: Restrictive Covenants Grantor(s): Additional Names On Page Of Document: Grantee(s) Additional Names On Page Of Document: Abbreviated Legal Description: SUDDEN VALLEY DIV 9 LOT 65 Assessor's Parcel/rax I.D. Number: 370301 - 465230 -0000 Additional parcels listed on pages 1 -2 of Exhibit A RESTRICTIVE COVENANTS Be it hereby known that Whatcom County with, for the benefit of, and to be enforceable by Whatcom County and the Sudden Valley Community Association, does by these presents, make, establish, confirm and hereby impress upon the real property more particularly described in Exhibit A, (the "Lot(s) ") the following Restrictive Covenants, which shall run with each Lot(s) and hereby bind all grantees, assignees and successors to these Restrictive Covenants for the term hereinafter stated as follows: 1. Tenn. The term of these Restrictive Covenants shall be perpetual. 2. Use of Lot(s). The Lot(s) shall be held by Whatcom County as trustee of tax title property or by its grantees, or other successors in interest, subject to the Restrictive Covenant described herein, or held by the Sudden Valley Community Association as common area(s) within the platted area of the Sudden Valley Development in Whatcom County, Washington, for the benefit of all lot owners and condominium owners, and may only be used for greenbelt, park or recreational purposes as determined, from time to time, by the owner thereof in consultation with Sudden Valley Community Association and /or Whatcom County. No buildings, structures or other improvements may be constructed, erected or placed on the Lot(s) except as the same may be incidental to or in furtherance of use of the Lot(s) for greenbelt, park or recreational purposes. Any such structure must comply with then current County regulations and shall be agreed to by the County through its Planning and Development Services Department. The restriction on use, as it pertains to Whatcom County, is for the purpose of protecting water quality. The County shall exercise its interest under this covenant consistent with achievement of that goal. 3. Enforcement. Enforcement by Sudden Valley Community Association, Whatoom County, or the designees thereof shall be by proceedings of law or equity against any person or persons violating or attempting to violate any covenant either to restrain violation, to recover damages, or both. The prevailing party in any such proceeding shall be entitled to recover all costs and fees incurred in connection therewith, including reasonable attorney's fees. DATED this _ day of , 4� Sudden Valley Community Association STATE OF WASHINGTON ) )ss. COUNTY OF WHATCOM ) On this Zlnrn, day o Nl7yQ7 2004, before me, the undersigned, a Notary Public in and for the State of W shington, duly commissioned and sworn, personally appeared %& & MZLFP , to me known to be the President of Sudden Valley Community Association, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that she /he is authorized to execute said instrument on behalf of he corporation Witness my hand and official seal hereto affix d the day a year Firs bove written. NOTARY PUBLIC ? STATE OF WASHINGTON Printed e: JESSICA H. STATEN Notary Public in d for the state of Washington My Appointment Expires residing at f�9 JUNE 24, 2008 My commission expires: STATE OF WASHINGTON ) )ss. COUNTY OF WHATCOM ) On this %e day of-� 2004, before me, the undersigned, a Notary Public in ani for the State of Was ington, duly commissioned and sworn, personally appeared 'DE to me known to be the Secretary of Sudden Valley Community Association, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that she /he is authorized to execute said instrument on behalf of the corporation Witness my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC rated sin STATE OF WASHINGTON Nota Public in JESSICA H. STATEN residing at My Appointment Expires My commission JUNE 24, 2009 2040203727 Pe0e: 2 of 5 2/24/200411 :44 M 0 /RC $23.00 W stcw Count Y• WR Request of; 14m tcom County Public Wort Whatcom c Pete Krem n, County Executive STATE OF WASHINGTON ) )ss. COUNTY OF WHATCOM ) On this /Sk day of —, 2004, before me, the undersigned, a Notary Public in and for the State of Wa 0.huar ngton, duly commissioned and swom, personally appeared Pete Kremen, to me known to be the Executive of Whatcom County, the municipal corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that sWhe is authorized to execute said instrument on behalf of that corporation Witness my hand and official seal hereto affixed the day and year first above written. nwPrinted Name Suz ne M. Notary Public in and for the state of Washington residing at Re!!; a6.ek My commission expires: '' /2-31 -0(jo Approved as dL1m.A��,f�'✓ Daniel L. Gibson Whatcom County Deputy Prosecuting Attorney 2040203727 Pegs' 3 of s 2124200411'44 att 0?RC 623.00 Whatcom coeotwl YR Regwst of: Wheteem CWmtW Public Works 3 Exhibit A- Lots for Restrictive Covenants Parcel Number Sudden Valley Division/ Lot 370301 - 465230 -0000 SUDDEN VALLEY DIV 9 LOT 65 370301 - 564261 -0000 SUDDEN VALLEY DIV 9 LOT 9 370406 - 023362 -0000 SUDDEN VALLEY DIV 14 LOT 45 370406 - 023378 -0000 SUDDEN VALLEY DIV 22 LOT 134 370406 -099250 -0000 SUDDEN VALLEY DIV 14 LOT 99 370406 - 110252 -0000 SUDDEN VALLEY DIV 14 LOT 92 370406 - 110314 -0000 SUDDEN VALLEY DIV 14 LOT 15 370406- 115241 -0000 SUDDEN VALLEY DIV 14 LOT 90 370406 - 120264 -0000 SUDDEN VALLEY DIV 14 LOT 59 370406 - 121216 -0000 SUDDEN VALLEY DIV 14 LOT 106 370406- 123231 -0000 SUDDEN VALLEY DIV 14 LOT 88 370406- 147189 -0000 SUDDEN VALLEY DIV 11 LOT 47 370406. 152202 -0000 SUDDEN VALLEY DIV 14 LOT 82 370406- 158478 -0000 SUDDEN VALLEY DIV 22 LOT 170 370406- 166182 -0000 SUDDEN VALLEY DIV 11 LOT 44 370406 - 167337 -0000 SUDDEN VALLEY DIV 6 LOT 58 370406 - 174358 -0000 SUDDEN VALLEY DN 6 LOT 34 370406 - 177486 -0000 SUDDEN VALLEY DIV 22 LOT 202 370406- 183078 -0000 SUDDEN VALLEY DIV 11 LOT 164 370406 - 183330 -0000 SUDDEN VALLEY DIV 6 LOT 54 370406 - 207441 -0000 SUDDEN VALLEY DIV 22 LOT 189 370406 - 208328 -0000 SUDDEN VALLEY DIV 6 LOT 41 370406- 229397 -0000 SUDDEN VALLEY DIV 10 LOT 180 370406 - 250163 -0000 SUDDEN VALLEY DIV 11 LOT 11 370406 - 266361 -0000 SUDDEN VALLEY DIV 10 LOT 143 370406 - 325412 -0000 SUDDEN VALLEY DIV 10 LOT 100 370406- 333215 -0000 SUDDEN VALLEY DIV 10 LOT 40 370406- 343363 -0000 SUDDEN VALLEY DIV 10 LOT 89 370406 - 344170 -0000 SUDDEN VALLEY DIV 10 LOT 8 370406- 357408 -0000 SUDDEN VALLEY DIV 16 LOT 272 370406368107 -0000 SUDDEN VALLEY DIV 4 LOT 132 370406378310 -0000 SUDDEN VALLEY DIV 16 LOT 294 370406- 382092 -0000 SUDDEN VALLEY DIV 4 LOT 129 370406 - 383080 -0000 SUDDEN VALLEY DIV 4 LOT 127 370406- 383307 -0000 SUDDEN VALLEY DIV 16 LOT 295 370406 - 396330 -0000 SUDDEN VALLEY DIV 16 LOT 176 370406 - 400125-0000 SUDDEN VALLEY DIV 16 LOT 210 370406 -012136 -0000 SUDDEN VALLEY DIV 16 LOT 208 370406 - 419207 -0000 SUDDEN VALLEY DIV 16 LOT 191 370406 - 420195 -0000 SUDDEN VALLEY DIV 16 LOT 193 370406 - 441237-0000 SUDDEN VALLEY DIV 16 LOT 143 370406 - 441243 -0000 SUDDEN VALLEY DIV 16 LOT 144 370406 - 451124 -0000 SUDDEN VALLEY DIV 16 LOT 122 370406 461142 -0000 SUDDEN VALLEY DIV 16 LOT 96 370406 -070064 -0000 ISUDDEN VALLEY DIV 4 LOT 18 370406- 499006 -0000 ISUDDEN VALLEY DIV 2 LOT 185 370406. 545192 -0000 ISUDDEN VALLEY DIV 23 LOT 73 2040203727 Page 4 of 5 2/24/20041144 M D /RC $23.00 YMtcom County, LW Request of: LLatcom County Public i1orks Exhibit A- Lots for Restrictive Covenants Parcel Number Sudden Valley Division/ Lot 370407 - 206312 -0000 SUDDEN VALLEY DIV 24 LOT 90 370407 - 215395 -0000 SUDDEN VALLEY DIV 24 LOT 155 370407 - 219402 -0000 SUDDEN VALLEY DIV 24 LOT 213 370407 - 243370 -0000 SUDDEN VALLEY DIV 24 LOT 161 370407 - 253429 -0000 SUDDEN VALLEY DIV 24 LOT 201 370407 - 266186-0000 SUDDEN VALLEY DIV 24 LOT 55 370407 - 361165 -0000 SUDDEN VALLEY DIV 24 LOT 38 370407 - 362143 -0000 SUDDEN VALLEY DIV 24 LOT 45 370407- 367157 -0000 SUDDEN VALLEY DIV 24 LOT 40 370407 - 389430 -0000 SUDDEN VALLEY DIV 3 LOT 210 370407 - 409448-0000 SUDDEN VALLEY DIV 3 LOT 36 370407 - 411195 -0000 SUDDEN VALLEY DIV 25 LOT 108 370407 -030208 -0000 SUDDEN VALLEY DIV 25 LOT 144 370407 - 451195 -0000 SUDDEN VALLEY DIV 25 LOT 123 370407 -065204-0000 SUDDEN VALLEY DIV 25 LOT 128 370407 - 472203 -0000 SUDDEN VALLEY DIV 25 LOT 129 370407 -087223 -0000 SUDDEN VALLEY DIV 25 LOT 158 370407 -092105 -0000 SUDDEN VALLEY DIV 30 LOT 11 370407 - 500053 -0000 SUDDEN VALLEY DIV 30 LOT 101 370407 - 515240 -0000 SUDDEN VALLEY DIV 25 LOT 22 370407 - 521244 -0000 SUDDEN VALLEY DIV 25 LOT 23 370407 - 527042 -0000 SUDDEN VALLEY DIV 30 LOT 60 370407 - 530023 -0000 SUDDEN VALLEY DIV 30 LOT 88 370407 - 533248-0000 SUDDEN VALLEY DIV 25 LOT 25 370407. 544016 -0000 SUDDEN VALLEY DIV 30 LOT 86 370408 - 002053-0000 SUDDEN VALLEY DIV 30 LOT 42 370408 -009116-0000 SUDDEN VALLEY DIV 30 LOT 33 370408 -028107 -0000 SUDDEN VALLEY DIV 27 LOT 43 370408 -031090 -0000 SUDDEN VALLEY DIV 27 LOT 88 370408 -035429 -0000 SUDDEN VALLEY DIV 1, REPLAT LOT 20 370408 -046022 -0000 SUDDEN VALLEY DIV 30 LOT 69 370408 -052201 -0000 SUDDEN VALLEY DIV 27 LOT 26 370408 -055007 -0000 SUDDEN VALLEY DIV 30 LOT 78 370408 - 153007 -0000 SUDDEN VALLEY DIV 28 LOT 78 370408 - 215017 -0000 SUDDEN VALLEY DIV 28 LOT 64 370408- 237042 -0000 SUDDEN VALLEY DIV 28 LOT 34 2040203727 Pa041 5 of 5 2/24/20041144 RH D/RC 023.00 DOatcaan County yR Reauevt of yhatcoa County Public Parke