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Home My WebLink Aboutres2004-024WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2004 -141A CLEARANCES / ia/ Date Date Received in Council Office Agenda Date Assigned to: Originator: Debbie Hayes 3104104 y MAR 16 2004 WHATCOM COUNTY COUNCIL 3/23/04 Introduction Division Head. 4/6/04 Hearing Dept. Head: Barbara J. Ca„ 40 Prosecutor ll Parrha,inglaadget: : Executive. SUBJECT: Resolution to sell Tax -Title property by public auction Reg. #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 / X / YES /_ _/ Requested Date: SUMMARY STATEMENT. The Property Management Committee recommends that the resolution be assedtoeffectivel meet P Y the legal requirements of the agreement between Sudden Valley Community Association, City of Bellingham, Water District 10 and Whatcom County. • Exhibit Ordinance & Resolution Tokep down our copying costs, indicate tees/ a after Council action. Distribution Reauesl only Nosewho must List names to Ne right, ADS Facilities Management ADS Finance ADS Haman Resource, ADS Info Services Assessor Auditor Cooperative Extension District Court Executive Health RECOMMENDED ACTION: Hearing examiner Jai/ Juvenile Parks Planning COUNCIL ACTION TAKEN: 2004 -141A 312312004'. Introduced 41612004: Approved 6 -0, Nelson absent, Res. #2004 -024 Bell P1OAP4utor Public Works Sheriff Superior Court Treasurer Debbie Hayes Other Ordinance iitem): orDr�e o[u*'on� �mbqr �� this N i� LV� J:14GeVOn sauna SPONSORED BY: Consent PROPOSED BY: Treasurer INTRODUCTION DATE: 3/23/04 RESOLUTION NO. 2004 -024 TO SELL COUNTY TAX TITLE PROPERTY REQUEST NO. 010104 i WHEREAS, RCW 36.35.120 allows the County to sell real estate acquired by tax 2 foreclosure where it is found to be in the best interest of Whatcom County to sell the same; and, 3 WHEREAS, the Whatcom County Property Management Committee recommends the 4 sale of the subject property by public auction to effectively meet the legal requirements of the 5 Agreement between Sudden Valley Community Association, City of Bellingham, Water District 6 10 and Whatcom County, Contract No 200311007; and, 7 WHEREAS, the Water Resource division of Whatcom County Public Works reviewed 8 the parcels and does not see an appropriate need to restrict the movement of this process; 9 WHEREAS, RCW 36.35.120 requires the Council to establish the minimum price for 10 said unit of property and to determine whether or not a contract will be allowed, or if it will be a II cash price; and, 12 WHEREAS, the Whatcom County Code as well as the state law allows the County to 13 reserve from the sale coal, oil, gas, gravel, mineral, ores, fossils, timber or other resources if the 14 Council finds that it is in the best interest to reserve these; 15 NOW, THEREFORE, BE IT RESOLVED that it is in the best interest of the County to 16 sell: 17 73 Sudden Valley lots referenced in Exhibit A as one lot for a minimum bid of is $31,925.94, representing the reduced minimum bid price for each of the properties subjected to 19 the Restrictive Covenant, AF# 204023727 to the highest and best bidder; and, Page 1 20 BE IT FURTHER RESOLVED that said price shall not be allowed under contract and 21 shall be paid in either cash, certified check, or money order to the Whatcom County Treasurer at 22 the time of sale; and, 23 BE IT FURTHER RESOLVED that said parcels shall be sold subject to restrictive 24 covenants allowing for imposition of Community Association fees, if any, as set forth in 25 Whatcom County Resolution No. 88 -37; and, 26 BE IT FURTHER RESOLVED that this sale shall transfer to the owners all coal, oil, gas, 27 gravel, minerals, ores, fossils, timber or other resources on or in said land and the right to mine 28 for and remove the same in conformity with zoning regulations in force and effect; and, 29 BE IT FURTHER RESOLVED that the Whatcom County Treasurer is hereby directed to 30 sell such property at not less than a certified price and said sale shall take place in accordance 31 with the duties as established in RCW 36.35.120. 32 APPROVED this 6th day of April , 2004, 33 `J`0�tOC OtV•�,��ov WHATCOM COUNTY COUNCIL 34 ATTEST-- `��'l�.NATCOj�:� WHAT M COUNTY, WASHINGTON -.4 35 — 36 Dana Br(r n -Dd c }erk ? Dan McShane, Chair o, �3HINart �' 37 AP \P\ROVE p1ID'A�rhYa�Rfiils�s�````� 38 ✓ 39 Civil Deputy Prosecuting Attorney Page 2 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 370406 - 023378-0000 SUDDEN VALLEY DIV 22 LOT 134 $1,000.00 370406 - 099250-0000 SUDDEN VALLEY DIV 14 LOT 99 $1,000.00 370406-110252-0000 SUDDEN VALLEY DIV 14 LOT 92 $1,000.00 370406 - 110314 -0000 SUDDEN VALLEY DIV 14 LOT 15 $1,000.00 370406 - 115241 -0000 SUDDEN VALLEY DIV 14 LOT 90 $1,000.00 370406120264 -0000 SUDDEN VALLEY DIV 14 LOT 59 $1,000.00 3704061212160000 SUDDEN VALLEY DIV 14 LOT 106 $2,000.00 370406123231 -0000 SUDDEN VALLEY DIV 14 LOT 88 $1,000.00 370406. 147189-0000 SUDDEN VALLEY DIV 11 LOT 47 $1,000.00 370406 - 152202 -0000 SUDDEN VALLEY DIV 14 LOT 82 $1,000.00 370406 - 158478 -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 370406-1774860000 SUDDEN VALLEY DIV 22 LOT 202 $1,000.00 370406183078-0000 SUDDEN VALLEY DIV 11 LOT 164 $2,000.00 370406183330-0000 SUDDEN VALLEY DIV 6 LOT 54 $1,000.00 370406-207441-0000 SUDDEN VALLEY DIV 22 LOT 189 $2,000.00 370406 - 208328 -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 370406333215-0000 SUDDEN VALLEY DIV 10 LOT 40 $2,000.00 370406 - 343363-0000 SUDDEN VALLEY DIV 10 LOT 89 $2,000.00 370406 - 3574060000 SUDDEN VALLEY DIV 16 LOT 272 $2,000.00 370406-368107 -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 3704063001260000 SUDDEN VALLEY DIV 16 LOT 210 $2,000.00 3704063121360000 SUDDEN VALLEY DIV 16 LOT 208 $2,000.00 370406441237 -0000 SUDDEN VALLEY DIV 16 LOT 143 $2,000.00 370406441243 -0000 SUDDEN VALLEY DIV 16 LOT 144 $2,000.00 370406451124 -0000 SUDDEN VALLEY DIV 16 LOT 122 $2,000.00 370406461142 -0000 SUDDEN VALLEY DIV 16 LOT 96 $2,000.00 370406370064 -0000 SUDDEN VALLEY DIV 4 LOT 18 $2,000.00 3704064990060000 SUDDEN VALLEY DIV 2 LOT 185 $2,000.00 370407- 215396-0000 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 - 3611650000 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 - 38943 0-0000 SUDDEN VALLEY DIV 3 LOT 210 $3,000.00 370407 40944 8-0000 SUDDEN VALLEY DIV 3 LOT 36 $2,000.00 37040731119 5-0000 SUDDEN VALLEY DIV 25 LOT 108 $1,000.00 370407430208 -0000 SUDDEN VALLEY DIV 25 LOT 144 $2,000.00 370407351195-0000 SUDDEN VALLEY DIV 25 LOT 123 $2,000.00 370407365204 -0000 SUDDEN VALLEY DIV 25 LOT 128 $2,000.00 370407372203-0000 SUDDEN VALLEY DIV 25 LOT 129 $2,000.00 370407387223 -0000 SUDDEN VALLEY DIV 25 LOT 158 $2,000.00 370407392105-0000 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- 53324 8-0000 SUDDEN VALLEY DIV 25 LOT 25 $2,000.00 370407- 54401 6-0000 SUDDEN VALLEY DIV 30 LOT 86 $1,000.00 37040 &00911 &0000 SUDDEN VALLEY DIV 30 LOT 33 $3,000.00 37040 &031090 -0000 SUDDEN VALLEY DIV 27 LOT 88 $2,000.00 370408-035429 -0000 SUDDEN VALLEY DIV I, REPLAT LOT 20 $2,000.00 370408-046022-0000 SUDDEN VALLEY DIV 30 LOT 69 $3,000.00 370408-052201-0000 SUDDEN VALLEY DIV 27 LOT 26 $2,000.00 370408-055007-0000 SUDDEN VALLEY DIV 30 LOT 78 $2,000.00 370408-153007 -0000 SUDDEN VALLEY DIV 28 LOT 78 $1,000.00 37040 8-216017 -0000 SUDDEN VALLEY DIV 28 LOT 64 $1,000.00 COUNTY ORIGINAL C47160 ?6OV 6'9 �s WHATCOM COUNTY CONTRACT NO. A003 U 00 7 m o AGREEMENT BETWEEN SUDDEN VALLEY COMMUNITY ASK , CITY OF BELLINGHAM, WATER DISTRICT 10, AND WHATCOM COUNTY This agreement between the Sudden Valley Community Association ( "SVGA "), City of ➢Bellingham ( "City"), Water District 10 ( "District'), and Whatcom County ( "County") is entered into this day of November, 2003. „ o` m WHEREAS, Sudden Valley is an area of residential development in the Lake Whatcom watershed and in unincorporated Whatcom County, operating under the control of the Sudden Valley Community Association (SVCA), a non -profit association; and WHEREAS, water drawn from Lake Whatcom 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 Wbatcom for drinking 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 District jointly adopted the five -year watershed work plan, Lake Whatcom Reservoir Management Program for 1000, 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 Reservoir Mamagement Program for 2000 states that the highest priority areas for management action are Watershed Ownership, Stormwater Management, and Urbanization/Land Development; and WHEREAS, the Lake Whatcom 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 872,830 prior to the placement of a restrictive covenant upon each of them; and WHEREAS, it is the intent of the parties that these lots within Sudden Valley be subjected to restrictive covenants that will prohibit building upon them; and I: Lake_WhatcomUand Preservmtion%Sudden ValleNTax nUe LotsUolnt Agreemenh2003 SV Tarr Title Agreement- final.doc 77/14/03 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 YMEREAS, 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 memorialize 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 Property to the Whatcom 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 Wbatcom 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 act forth in Exhibit 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 Whatcom 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 be 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: Lake WtlalcanlLand Preeembmo Sudden ValleylTax The LotWotnl Agreement12003 5V Tm Title Agreement- ffnal.doc IM4103 1 'l 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: $18,707.46 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 summit 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 $18,207.46 (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. 1:Lake_What=XLand PresevationlSudden VatleNTax We LetsVolnt/grmnen=03 SV Tax Title ggre ntArd.dcc 11/14/03 CITY OF BELLINGHAM: ai 1 Mark Asmundson, Attest: /% D / 0 (29o Therese Hohn Finance Director • , , ,Aav , (?Ye o C�y/Attoi6}�__ WASHINGTON S TATE O ASSHINGTON ) )8s. County of Whatcom ) , ) Department Approval: ch Richard E. McKinley Public Works Director On this 5. day of }'ezzoed -4 , 2001, before me personally appealed MARK ASMUNDSON, to me known to be the Mayor of the CTFY OF BELLINGHAM, and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. NOTARY PUBLIC �, J STATE OF WASHINGTON J. LYNNE WALKER - N R P C in and for the State of My Appointment Expires 8ytg ®} MARCH 24, 2004 My appointment expves: 3 aY T. ,LYNkE W,}lCC'1� I: Lake_WhatmmU nd PresembmtSuddm VaMAT= Title LuISUOint Agreemena2W3 SV Tax Title Agmementfinal. O 11/14/03 WHATCOM COUNTY: Approved as to form: ? z IJ13 /04 Prosecuting Attorney Date Approved: Accept tco co"' By: Date: ete Kremen Whatcom County Executive STATE OF WASHINGTON ) ) ss. County of Whatcom ) On this wty of `��ua�y 20Qd, before = personally appeared PETE KREMEN, to me known to be the County ExecutivL*of WHATCOM COUNTY, and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. ss1O/1 � ys� r a,.toVAy`�9 draaa� /vim_. ,er q NOTARY PUBLIC m and for the State of pUBU e 2 Washington residing at Bellingham. 'Yt�ct0 My appointment expires: OF WaSN I: Lake_whatca aM PreserratlmX,SU en Valley,T=Title ldsVdnt AoMmene2W3 SV Tax Title Agmmenl- finzl.doc 11/14/03 r SUDDEN VALLEY COMMUNITY ASSOCIATION: By: Date:— . 1 /Z 6. 09 Board of Directors -T STATE OF WASHINGTON ) ss. County ofWhatcom ) ''''JJ On this dray �' 2before me personally appeared �/VA/- f✓/D/ -f� , to me known to be the dent, Board of Directors, Sudden Valley Community Association, who executed the above instrument and who acknowledged to sue the act of signing and sealing thereof. M LIC INGTON TEN xpires 8 Secretary, Board of Directors Y P 1, in and for the State of Washington residing at Bellin VljO STATE OF WASHINGTON ) ) as. County of Whatcom ) xs °� ��.� On this 9! day o , 2j before me personally appeared.,&rj5 � 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. NOTARY PUBLIC STATE OF WASHINGTON JESSICA H. STgTEN MY MDdMmsM ExpkM JUNE 24, 2008 C. Washington residing at B My appointment expires: C Lake_Whatcp and PreservadontSudden VaIWTax Tine LotsUmt AOrcement12003 SV Tax Tlae AO ment- anal.doc 11/14/03 i WATER DISTRICT 10: 4, r Approved as to form: ;i l Office of the District Attorney STATE OF WASHINGTON ) COUNTY OF WHATCOM ) ss. l� On this 5--t'ti day of T=e.6 r,,,,o..,. -t At before me personally appeared -Tcdd O° -; , to me known to be the President of the WATER DISTRICT 10 BOARD OF COMMISSIONERS and who executed the above inshlwent and who acknowledged to one the act of signing and sealing thereof. KERRY L. MESSER NOTARY PUBLIC STATE OF WASHINGTON SEPTE BIER 30 p2007S NOTARY PUBLIC in and for the state e of Washington, residing at Bellingham. My commission expires: 1: Lake_Whatca \ and Presemdm%Sudden Val"Tax Title LotWoinl Agleemen02003 SV Tax Title Agreement- fiml.doc 11114/03 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) Additional Names On Page Of D Abbreviated Legal Description: Assessor's Parcel/Tax I.D. Number. 1% RE ECOVENANTS Be it hereby known that SudiglIVII& Community Association with, for the benefit of, and to be enforceable by Whatcom un oes by these presents, make, establish, confine 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 se Restrictive Covenants for the term hereinafter stated as follows: 1. Term. The term of these Zeld Covenants shall be perpetual. 2. Use of Lolls). The Lot(s) by the Sudden Valley Community Association as common area(s) within the platt a Sudden Valley Development in Whatcom County, Washington, for the benefit and condominium owners and may only be used for greenbelt, park or recreatio ,gWaffilrposes as determined, from time to time, by the Sudden Valley Community Associati N ildings, structures or other improvements may be constructed, erected or placed on L except as the same may be incidental to or in furtherance of use of the Lots) 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 Whalcom 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 attorney's fees. DATED this _ day of Sudden Valley Community Association By: its President STATE OF WASHINGTON ) )ss. COUNTY OF WHATCOM ) On this day r undersigned, a Notary Public in and personally appeared Sudden Valley Community Ass instrument, and acknowledged the s said corporation, for the uses and p is authorized to execute said instrurr Witness my hand and official STATE OF WASHINGTON ) )ss. COUNTY OF WHATCOM ) By: -,its Secretary . before me, the of Washington, duly commissioned and swum, to me known to be the President of e corporation that executed the foregoing it to be the free and voluntary act and deed of :in mentioned, and on oath stated that she/he f of the corporation iffixed the day and year first above written. and for the state of Washington expires: On this day &4NIF .2003, before me, the undersigned, a Notary Public in and f r the Stale f Washington, duly commissioned and swom, personally appeared to me known to be the Secretary of Sudden Valley Community Ass al Ml, the corporation that executed the foregoing instrument, and acknowledged the ent to be the free and voluntary act and deed of said corporation, for the uses and Urein mentioned, and on oath stated that she/he is authorized to execute said in! a 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: d r) f Whatcom County Pete Kremen, County Executive STATE OF WASHINGTON ) )ss. COUNTY OF WHATCOM ) On this day of 2003, before me, the undersigned, a Notary Public in and f tate of Washington, duty commissioned and sworn, personalty appeared Pete Kremen, wn to be the Executive of Malcom County, the municipal corporation that execut the oing instrument, and acknowledged the said instrument to be the free and volu to and deed of said corporator, for the uses and purposes therein mentioned, and heo ted that she/he is authorized to execute said instrument on behalf of that cwporafi Witness my hand and official affixed the day and year first above written. 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M n M r M n n n n rM a M M M M M. n e a r„ 'o U N 2 a' O G 8 a a n t 3 m f F- d 0 D BE After recording return to: Adelstein, Sharpe & Barka Post Office Box 5158 Bellingham, WA 98227 -5158 IIIIIII IIIIIIIIIIIIIIIII�I D2040203727 z3 o f 2/29/200911 ;/4 PH Whatcom County. We Request Of: 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 Parcell-rax I.D. Number: 370301465230.0000 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. Term. The term of these Restrictive Covenants shall be perpetual. 2. Use of Lolls). 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, 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 attorney's fees. DATED this _ day of , Sudden Valley Community Association STATE OF WASHINGTON ) )ss. COUNTYOFWHATCOM ) L,WE. �11ir '..0 On this 2(cril day of M 2004, before me, the undersigned, a Notary Public in and for the State of Wilshington, duly commissioned and sworn, personally appeared %& 6. GUOLFF 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 ha corporation Witness my hand and official seal hereto affix "d the day a year firs b written. =WASHINGTON LIC i INGTON Printed e: TEN Notary Public in a d for the state of Washington residing at ✓ f/YB/6l xpires My commission expires: 08 STATE OF WASHINGTON ) )ss. COUNTY OF WHATCOM ) On this 10& day 0 f<- Uy4'1�1..� 2004, before me, the undersigned, a Notary Public in an( for the tate of Was ington, duly commissioned and sworn, personally appeared .DEi'V `l 9 f4 • �lfZ.F� 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. cE NOTARY PUBLIC 'nted Fa e:7 STATE OF WASHINGTON Not Public In JESSICA H. STATEN residing at My Appointment Expires My commission JUNE 24, 2006 2040203727 Psq: 2 of 5 2/24/20041 V 44 M e /RC $23.00 IMstcon County. WA Request oft Whetcom County Public Works Whatcom C�nl;� Pete Item q County Executive STATE OF WASHINGTON ) )ss. COUNTY OF WHATCOM ) On this /5i`� day of �10.huar , 2004, before me, the undersigned, a Notary Public in and for the State of Wa ington, 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 She/he is authorized to execute said instrument on behalf of that corporation Witnhand ficial seal heretoaffixed the day and year first above written. O.N Printed Name Suz rie M. Mild' w- Notary Public in and for the state of Washington residing at My commission expires: tz- 31 -C(0 Approved as Daniel L. Gibson Whatcom County Deputy Prosecuting Attorney 2040203727 P03e: 3 of 5 2/24/200411,44 Rtl D /RC 323.00 Wl tcom County. YR Request of: Yhmicom County Public Works 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 DIV 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 - 250153-0000 SUDDEN VALLEY DIV 11 LOT 11 370406 - 266361 -W00 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 370406 - 368107 -0000 SUDDEN VALLEY DIV 4 LOT 132 370406 - 378310 -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 370406412136 -0000 SUDDEN VALLEY DIV 16 LOT 208 370406 -019207 -0000 SUDDEN VALLEY DIV 16 LOT 191 370406 - 420195 -0000 SUDDEN VALLEY DIV 16 LOT 193 370406441237 -0000 SUDDEN VALLEY DIV 16 LOT 143 370406 - 441243 -0000 SUDDEN VALLEY DIV 16 LOT 144 370406-051124-0000 SUDDEN VALLEY DIV 16 LOT 122 370406- 461142 -0000 SUDDEN VALLEY DIV 16 LOT 96 370406470064 -0000 SUDDEN VALLEY DIV 4 LOT 18 370406 - 499008-0000 SUDDEN VALLEY DIV 2 LOT 185 370406- 545192 -0000 SUDD N VALLEY DIV 23 LOT 73 2040203727 Page: 4 or 5 2/24/200411:44 0 D /RC 823.00 Whatcom County, 0 Request of: Whatmm County Public Works Exhibit A- Lots for Restrictive Covenants Parcel Number Sudden Valle Division) Lot 370407- 206312 -0000 SUDDEN VALLEY DIV 24 LOT 90 370407- 215395 -0000 SUDDEN VALLEY DIV 24 LOT 165 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 370407362143 -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 - 430208 -0000 SUDDEN VALLEY DIV 25 LOT 144 370407 - 451195 -0000 SUDDEN VALLEY DIV 25 LOT 123 370407 -465204 -0000 SUDDEN VALLEY DIV 25 LOT 128 370407 - 472203 -0000 SUDDEN VALLEY DIV 25 LOT 129 370407 - 487223 -0000 SUDDEN VALLEY DIV 25 LOT 158 370407492105 -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 - 216017 -0000 SUDDEN VALLEY DIV 28 LOT 64 370408 - 237042 -0000 SUDDEN VALLEY DIV 28 LOT 34 2040203727 P00m' 6 or 5 224/20041144 Pn e2C $23.00 y0vtomm CouniU, We Reyummt or' W,tcom CmuntW Public W &G