HomeMy WebLinkAbout1993-1995 - Birch Bay Water and Sewer District Carl Reichhardt Position E2
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RECEIVED
SHIRLEY WHATCOM COUNTY AUDITOR
MAY 1 1 1995
:,•p vvi.�i�i�iv
��� lira � l.• °.::1
By
Np�ity
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
'fi`"�►iVD FOR THE COUNTY OF WHATCOM
IN RE:
} NO. 95-2-00519,,3
THE RECALL OF CARL REICHHARDT, }
COMMISSIONER OF BIRCH BAY WATER } ORDER DISMISSING
AND SEWER DISTRICT. } RECALL PETITION
This matter having come on for hearing before the above entitled court on Friday,
March 31, 1995, and the court having determined that all of the allegations contained in the
Petition herein are either factually or legally insufficient, or both, to support recall of
Respondent Commissioner,
NOW, THEREFORE, IT IS HEREBY ORDERED that the recall petition filed herein
is hereby dismissed. Y jD
IT IS FURTHER ORDERED that statutory attorneys' fees arkwarded.'
YO— against WILLIAM E. BURCH, Petitioner herein in fav r of Respondent herein.
DONE IN OPEN COURT this <ay of) , 1955.
le
Presented by;
�/ G U u fu�(.]�UMMIS S IO NER
�
WILLIAM E. BURCH, Petitioner
4324 Bridger Road
Blaine, WA 98230
ORDER - Page 1
f:\pele\bbwd\recall.ord
6.32
SIMONARSON, VISSER,
ZENDER & THURSTON
P.O. BOX 631
LYNDEN, WA 96264
(360) 354-4494
CD
CD
WHATCOM COUNTY PROSECUTING ATTORNEY
David S. McEachran
CIVIL DIVISION
Whatcom County Courthouse
311 Grand Avenue, 2nd Floor
Bellingham, WA 98225
CHIEF CIVIL PROSECUTING
ATTORNEY
Randall J. Watts
CIVIL DEPUTY PROSECUTING
ATTORNEYS
Karen N. Frakes
Daniel L . wrle vie D
SHIRLEY FORSLOF
WHAT
COM COUNTY AUDITOR
T0: Shirley Forslof MAY 0 8 1995
Auditoy
FROM: Randall J. Wa
Chief Civil Deputy Prosecuting Attorney
RE: Recall of Peter Lewis, Donald Montfort and Carl
Reichhardt
DATE: May 5, 1995
Today Judge Moynihan signed and entered the Order
Dismissing the Recall Petitions of Peter Lewis, Donald
Montfort and Carl Reichhardt. Pete Visser, attorney for the
Commissioners, indicated that he would make sure your received
a copy of that Order. If you have not received a copy by
Wednesday of next week, give me a call and I will obtain one
for your files. However, Mr. Visser did indicate to me that he
would send you one. Thank you.
RJW:tz
r
Phone (360) 676-6940 FAX 738-2532 COUNTY 398-1310 SCAN 676-6940
WHATCOM COUNTY PROSECUTING ATTORNEY
David S. McEachran
CIVIL DIVISION
Whatcom County Courthouse
311 Grand Avenue, 2nd Floor
Bellingham, WA 98225
CHIEF CIVIL PROSECUTING
ATTORNEY
Randall J. Watts
MEMORANDUM
TO: Shirley Forslof
Auditor
CIVIL DEPUTY PROSECUTING
ATTORNEYS
Karen N. Frakes
Daniel L. Gibson
RECEIVER
SHIRLEy FORSLOF l
WHArCOM COUNTY AUDiiOR
AND TO: N.F. Jackson
Superior Court Clerk
FROM: Randall J. Watts�l:y�
Chief Civil Deputy Prosecuting Attorney
RE: Recall of John Lesow
DATE: April 18, 1995
It is now my understanding that the synopsis with
regards to John Lesow has been issued. In addition I have been
in contact with Mr. Visser who has indicated that he is going
to be noting in for entry the Order of Insufficiency on the
Birch Bay matter. If you have any further questions, please do
not hesitate to contact me.
RJW:tz
z
Phone (360) 676-6940 FAX 738-2532 COUNTY 398-1310 SCAN 676-6940
,.ItECEIVED
SHIRLEY FORSLOF
,WHATCOM COUNTY AUDITM
(Copy R-eipt)
APR 2 0 1995
. --(C-lerWs•Dat"(Awp)- -- -..
SUPERIOR COURT OF WASHINGTON FOR WHATCOM COUNTY
IN RE:
THE RECALL OF CARL REICHHARDT,
COMMISSIONER OF BIRCH BAY WATER
AND SEWER DISTRICT.
❑ NOTE FOR TRIAL DOCKET
Please take note that this case is now at issue
and the clerk is requested to note it on the trial
docket to be brought on for trial at the time set by
the court.
NOTE FOR MOTION DOCKET
Please take note that the issue in this case will
be heard on the date set out in the margin and the
clerk is requested to note the same on the motion
docket for that day.
TO THE CLERK OF COURT and to opposing
parties
(Name and Address of Opposing Parties)
r
William E. Burch Rmcb11 J. Watts W32W 314
AIMBridger Road 311 Grand Avtrm
Blaine, WA 98230 Bel iron, [A 98225
L
NOTE FOR: Presentation of Order
(Lift and Continue List of Opposing Attorneys on Reverse Side)
No. 95-2-00519-3
NOTE FOR: PRESENTATION OF
ORDER
(Use separate sheet for each noting)
CALENDAR NOTE: Must be filed
with Clerk not later than
nine (9) working days
preceding date noted.
Date/Time
of Hearing
(hour)
Estimated Length
of Trial
Date/Time
of Hearing: 4/ 2 8/ 9 5 AT 1: 30 P.M.
(HOUR)
Nature of
Motion Present iQ
Dism' s' a P
JAY VISSER #3175
Of Conns�for Respondent
(Name, address and telephone of Attorneys)
1•�
SIMONARSON, VISSER,
ZENDER & THURSTON
1610 Grover St., #A-1
Post TMMM61 U OF_MAI�if�G
The uhga&L1l;W VhbegN& penalty of perjury under the
J laws"" Stjltya4560shlrtpton, that on the below date, I
Mal ad or caused d l" al a true of the foregolnp to:
n
��N
at the regular offbeo►rem enc thereof.
DATED this day of fw-)—st
L nda W [on.
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IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF WHATCOM
IN RE: )
NO. 95-2-00515-3
THE RECALL OF CARL REICHHARDT,
COMMISSIONER OF BIRCH BAY WATER ) ORDER DISMISSING
AND SEWER DISTRICT. } RECALL PETITION
This matter having come on for hearing before the above entitled court on Friday,
March 31, 1995, and the court having determined that all of the allegations contained in the
Petition herein are either factually or legally insufficient, or both, to support recall of
Respondent Commissioner,
NOW, THEREFORE, IT IS HEREBY ORDERED that the recall petition filed herein
is hereby dismissed.
IT IS FURTHER ORDERED that statutory attorneys' fees are awarded in the sum of
$125.00 against WILLIAM E. BURCH, Petitioner herein in favor of Respondent herein.
DONE IN OPEN COURT this _ day of , 1995.
Presented by:
WILLIAM E. BURCH, Petitioner
4324 Bridger Road
Blaine, WA 98230
i
ORDER - Page 1
MpetAbwdVecall.ord
JUDGE/COURT COMMISSIONER
SIMONARSON, VISSER,
ZENDER & THURSTON
P.O. BOX 631
LYNDEN, WA 98264
(360) 354-4494
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IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF WHATCOM
IN RE: )
NO. 95-2-00519-3
THE RECALL OF CARL )
REICHHARDT, COMMISSIONER ) JUDGMENT SUMMARY
OF BIRCH BAY WATER AND ) [CLERK'S ACTION REQUIRED]
SEWER DISTRICT. )
Judgment Creditor:
Judgment Creditor's Attorney:
Judgment Debtor:
Amount of Judgment
(for Statutory Attorneys' Fees):
Order Awarding Judgment entered:
DATED this _ day of
0
JUDGMENT. - Page 1
fApete\bbwd\reca11 jud
Carl Reichhardt
Peter Jay Visser
William E. Burch
$125.00
SIMON
A
1995.
J
1995.
-R, WSBA#3175
SIMONARSON, VISSER,
ZENDER & THURSTON
P.O. BOX 631
LYNDEN,WA 98264
(360) 354-4494
DATE: APRIL 13, 1995
MEMO TO: N. F. JACKSON, SUPERIOR COURT CLERK
FROM: SHIRLEY FORSLOF, AUDITOR
SUBJECT: BALLOT SYNOPSIS FOR RECALL OF JOHN LESOW
To date the Auditor's office has not received from the superior court a copy of the ballot
synopsis for the recall of John Lesow, Pt. Roberts Water District #4 Commissioner.
RCW 29.82.023 provides that the court shall certify and transmit the ballot synopsis to the
officer subject to recall, the person demanding the recall, .............. and the county auditor.
Please forward a certified copy to the Auditor's office.
In addition, please forward a copy of non sufficiency to the charges for the recall of Birch Bay
Water District Commissioners Carl F. Reichardt, Peter Lewis and Don Montfort.
If you have any questions, please call me or Pete Griffin. I will be out of the office on Friday.
cc: Randall J. Watts
z
WHATCOM COUN YAUDITOR
Whatcom County Courthouse
311 Grand Avenue
P.O. Box 398
Bellingham, WA 98227-0398
SHIRLEY FORSLOF
Auditor of Whatcom County
March 24, 1995
TO WHOM IT MAY CONCERN:
THIS IS TO CERTIFY that the total number of votes cast is
406 for all candidates for the office to which the officer whose
recall is demanded was elected at the preceding election of Birch
Bay Water and Sewer District 8 commissioners.
General Election
November 2, 1993
Position E, 4 Year Term
Carl F. Reichardt Votes Cast 406
Total Votes Cast 406
This is to certify that the foregoing is a true and correct
copy as shown in the office of the County Auditor, Whatcom
County, Washington.
zlo�
Whatcom C ty Auditor
Auditor - Accounting Recording Elections Motor Vehicle Licensing FAX
(206) 676-6740 (206) 676-6741 (206) 676-6742 (206) 676-6743 (206) 738-4556
R E T U R N O F S E R V I C E
STATE OF WASHINGTON )
ss
COUNTY OF WHATCOM )
Cause No.
William E. Burch vs Carl Riechhardt
Plaintiff Defendant
I, DALE BRANDLAND, Sheriff of Whatcom County, State of Washington, do hereby certify
Letter of Receipt of Demand For Recall by Whatcom County
that I received
the annexed Auditor Shirle Forslof from William E. Burch• Demand for
Recall of Birch
Bay Water District Commissioner Carl Riechhardt and attachments the eto
on the 15th day of March 19 95 for service upon the
defendant
Carl Reichhardt named therein:
that I served same on the 21stday of March 1995 , at the hours of M.
within the County of Whatcom, State of Washington, as follows:
PERSONAL:
By delivering to and leaving with Carl Reichhardt
the said defendant personally,
a copy of said above mentioned documents
SUBSTITUTE:
After diligent search and inquiry, was unable to find the defendant_
I served by delivering
to and leaving with personally,
he being a person of suitable age and discretion, then resident
therein at the house and usual abode of said defendant, a copy of
said above mentioned documents
CORPORATION,
On said
BUSINESS,
(Name of Organization)
OTHER.
by delivering to and leaving with
(Name of Person)
the of said
(Position) (Type of Organization)
a copy of said above mentioned documents
GARNISHMENT:
On said
(Garnishee Defendant)
by delivering to and leaving with
(Name of Person)
the of said
(Position) (Type of Organization)
at its office at
SHERIFF`S
FEES:
Service
$
Travel
$
TOTAL
$
(Address) (City)
a copy of said Writ of Garnishment, accompanied by four answer forms,
three postage prepaid envelopes which were pre -addressed to the Clerk
of the Court, the Plaintiff or his attorney, and to the Defendant
and a check in the amount of $10.00.
Dated this 22nd day of
March
19 95
DALE BRANDLAND, Sheriff
Whatcom County
By
Merlin Solvang Dep ty
SHIRLEY FORSLOF
WHATCOM COUNTY AUDfrOR
LIAR 2 1 1995
F'�_:.r,�e4�:'u�AS+nMPw Via;:-a�'_:w �Y: �.:.:.�:..w:.w'43-'_i:S�-. I•
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR WHATCOM COUNTY
IN RE:
)
No. 95
L
00519 1
THE RECALL OF CARL RIECHHARDT,
)
COMMISSIONER OF BIRCH BAY
)
PETITION
TO
APPROVE
WATER DISTRICT
)
SYNOPSIS
AND
TO
DETERMINE
SUFFICIENCY
OF CHARGES
I.
COMES NOW the preparer, RANDALL J. WATTS, in accordance
with R.C.W. 29.82.021 and petitions this Court for approval of
the synopsis and to determine the sufficiency of the charges.
Said synopsis is certified to this Court under separate
document.
II.
Said Court is the proper forum in that Carl Riechhardt
is a commissioner in the Birch Bay Water District, said
district being within Whatcom County.
As such this court shall set a date for hearing within
15 days of this Petition and shall direct the Clerk of the
Court to notify the one named in this Petition as well as the
one bringing the charges to review the adequacy of this action
in accordance with R.C.W. 29.82.023.
DATED this day of March, 1994.
Respectfully submitted,
J
RANDALL J. A TS
WSB # 6314
Chief Civil Deputy
Prosecuting Attorney
Office of the Prosecuting
Attorney
Whatcom County Courthouse
311 Grand Avenue
Bellingham, WA 98225
Phone: (206) 676-6940
Facsimile: (206) 738-2532
-Petition-
SYNOPSIS OF THE CHARGE
Commissioner Carl Riechhardt of the Birch Bay Water
District continued to develop a ULID by resolution method
after his right to do so had been divested by operation of law
because the percentage of protest was in excess of 40%. When
challenged Commissioner Riechhardt refused to allow a count to
occur by an independent person. He is alleged to have
knowingly allowed votes to change after a deadline set by the
District.
Commissioner Riechhardt did assist in obtaining
signatures on a new Petition under deception and duress, by
advising the electorate that unless the ULID was accepted
the District would cut off water supply to the property within
the ULID. In this new Petition four undevelopable lots were
included in order to shift the percentages.
Commissioner Riechhardt has failed to protect the rate
payers of the District from illegal assessments in that the
utility does not benefit the property in the amount of the
assessment. Commissioner Riechhardt knew that one of the other
commissioners was to gain personally by this action and
allowed that to influence his decisions.
STATE OF WASHINGTON )
) ss. CERTIFICATE OF SYNOPSIS
COUNTY OF WHATCOM )
I, RANDALL J. WATTS being the preparer of the synopsis,
hereby certifiy to the Whatcom County Superior Court that I am
forwarding to the Court a true and correct' synopsis of the
charges that have been laid against Carl Riechhardt. In
addition, I certify that I am transmitting with this synopsis
a true document of the charges which have been laid against
Carl Riechhardt demanding his recall.
Said certification is made in accordance with R.C.W.
29.82.021.
DATED this ,SI day of f 1995.
RANDALL J. T
WSB # 6314
Chief Civil Deputy
Prosecuting Attorney
Office of the Prosecuting
Attorney
Whatcom County Courthouse
311 Grand Avenue
Bellingham, WA 98225
Phone: (360) 676-6940
Facsimile: (360) 738-2532
-Certificate of Synopsis-
WHATCOM COUN YAUDITOR
Whatcom County Courthouse
311 Grand Avenue
P.O. Box 398
Bellingham, WA 98227-0398
SHIRLEY FORSLOF
Auditor of Whatcom County
March 15, 1995
DA VID S, MC 6RCM
�,��r' �tIV prasoo
9 Aftor
ney
t..z' f?tti.i�+0n
1 5 1995
lWhatcor" County
F3otlrrgl;am, Wash.
David S. Mc Eachran
Whatcom County Prosecuting Attorney
Whatcom County Courthouse
Bellingham, WA 98225
RE: Demand for Recall of Birch Bay Water District Commissioner Carl Riechhardt
THIS IS TO CERTIFY that the attached is a true and correct copy filed in the Office of the
Whatcom County Auditor, Bellingham, Washington on March 15, 1995 of the Demand for
Recall of Birch Bay Water District Commissioner Carl Riechhardt filed by William E. Burch of
4324 Bridger Road, Blaine, WA 98230. -
Shirley Forslo
Whatcom C ty Auditor
Dated this 15th day of March, 1995.
Auditor - Accounting Recording Elections Motor Vehicle Licensing FAX
(206) 676-6740 (206) 676-6741 (206) 676-6742 (206) 676-6743 (206) 7384556
l Fo
Article 1 of the Constitution of the State RsioF
Under the provisions of Sections 33 and 34, R EV E D
of Washington and as provided for in RCW 29.82 I, William E. Burch a registered"vaFATCOM COUNTY AUD7 2
voter, demand the recall and discharge of--Boft*d-Riechhardt, Commissioner of, Birch
Bay Water District. C� MAR 1 5 1995
My charges against Mr. Riechhardt are malfeasance, misfeasance, and nonfeasance.
Commissioner Riechhardt continued to try to find a way to proceed to form ULlM-lby-.-------_
the resolution method after his right to do so had been divested by RCW 57.16.060.
Evidence: 1.a Notice of hearing on creation of ULIDs 13 and 14, paragraph 3 -
listings 1 and.?, Rights to proceed further were divested on Dec. 21,
1993 by a protest in excess of 40%.
1.b A copy of the minutes of the commissioners Jan. 13, 1994 meeting
showing the commissioners were refusing to accept defeat of their
resolution and looking for a way to carry on.
1.c A copy of the minutes of the commissioners Jan. 27, 1994 meeting
showing the commissioners were still working on the resolution with no
right to do so.
Commissioner Riechhardt knowingly allowed Pat Sizemore, Manager Of Birch Bay
Water and Sewer District to misrepresent the percentage of the protest against the
resolutions. He has refused demands for a count of the protest by someone other
than Water District associates.
Evidence: 1.b Commissioners meeting minutes Jan. 13, 1994 where Mr.Sizemore's
count was accepted over numerous objections which were only listed as
"general discussion".
2.a A copy of a page from the water districts protest tally on which Mr.
Sizemore incorrectly states that lot owners "had previously signed
"NO PROTESTS" for both water and sewer".
2.b A copy of a "NO PROTEST" showing these were designed for sewer
only and had no dealings with a new water service. This was Immediately
pointed out to the commissioner in the "general discussion", but no action
was taken.
Commissioner Riechhardt did nothing when presented with proof that Manager Sizemore
had .conspired with Ranch Executive Billie Squires to get people to change their votes
after all rights of the Water District had been divested. Votes were changed after a
deadline set by the Water District.
Evidence: 3.a Copy of a letter from Billie Squires in which she mentions changing
votes on the advice from the Water District.
3.b A copy of the districts tally of withdrawal of protest, the majority of which
were withdrawn over 20 days after the voting.
1
Commissioner Riechhardt did assist in the obtaining of signatures on a new petition
under deception and duress, a violation of Washington Criminal Code 9A.60.030. At
the public meeting held January 27, 1994, Manager Sizemore stated that the district
did not have a contract with the Double R Ranch to supply water to our system and
might not be able to continue serving water in the future without the ULIDs. Note - the
Double R Ranch has been receiving water from them since 1965. The Commissioners
allowed this threat and followed up on it by telling the proponents of the ULIDs that
they would accept a new petition. This threat of cutting off our water in order to obtain
signatures is a direct violation of the above criminal code.
Evidence: 1.c The copy of the Jan. 27, 1994 Commissioners meeting minutes.
4.a Washington State Criminal Code 9A.60.030
Commissioner Riechhardt accepted a new petition, the one set in motion with a threat of
a water shut off, on which four swamp lots, (wet land that probably can not be developed)
were included. These lots were purchased by the proponents of the ULIDs to get the tally
over the required 51 %. This places the rate payers of the district in jeopardy of higher
utility rates when the owners of these lots default and the district has to pick up the tab.
Evidence: 5.a A copy of a letter from attorney Jack Swanson in which he mentions the
possibility of the district ending up paying the assessments on these lots.
There has been no response on this from Commissioner Riechhardt.
Commissioner Riechardt failed to investigate a situation where District Manager Sizemore
provided advance information to investors about sewers going in the Double R Ranch.
These investors bought land that would benefit. This put the District in a bind to force the
ULIDs on Double R or face the investors. The Commissioners were given copies of real
estate documents and a name and telephone number so they could follow up. Not one
call was made.
Evidence: 6.a and b Copies of real estate documents are attached. the buyer was
Michael Murphy, Ph. (360) 733-6132.
Commissioner Riechhardt has failed to protect the rate payers of this district from unfair
and illegal assessments. State law prevents any assessment being placed for a utility
that does not benefit the property at least in the amount of the assessment. About
thirteen lot owners had appraisals done on their properties. In each case the amount of
the assessment being levied against properties in the Double R Ranch was in excess of
the benefit. Most will benefit less than 20% of the amount of the proposed assessments.
Evidence: Copies of individual lot owners appraisals and assessments can be provided
upon request.
K
Commissioner Riechhardt was influenced by the knowledge of Commissioner Lewis's
bussiness arrangement which stands to profit by forcing the Double R Ranch into an
overinflated ULID package. Commissioner Lewis is in a partnership which is marketing
the land area in evidence just north of the Double R Ranch boundry. This act is a gross
Malfeasance in that Mr. Riechhardt failed to protect the rate payers from this action.
Evidence: 8.a A proposal offered by Bay Star Partnership / Windermere Real Estate.
Page 2 under the heading of Location there is mention of benefit from the
sewer utility being installed directly south of the marketed area. Page 6
shows the site as being directly affected by anything in the Double R Ranch.
3-15
7,
57I-53X4P,.
3
ti-
NOTICE OF ADOPTION OF RESOLUTION OF INTENTION TO CREATE AND
NOTICE OF HEARING ON CREATION OF
U1 IJTY LOCAL IlVIPROVEME T DISTRICT - U.L.I.D. NO. 13
YOU ARE NOTIFIED that on October 21, 1993, the Board of Commissioners of Birch Bay
Water and Sewer District, Whatcom County, Washington, adopted Resolution No. 532
declaring its intention to create Utility Local Improvement District No. 13 ("ULID 13") and to
order the construction of certain improvements to the sewer system of the District within said
ULID 13. The boundaries of the proposed ULID are as set forth in that - resolution. - The
proposed improvements consist of the acquisition, design, construction and installation of the
following improvements: approximately 13,700 feet of eight-, twelve-' and fifteen -inch gravity
sewer lines along Hickok, Custer, Boone, Masterson, Bridger, Cody and Carson Roads in the
area of Birch Bay known as Double R Ranch.
The estimated cost of these proposed improvements, and other expenses in connection with the
improvements, is $1,185,794, of which 100% will be paid by special assessments levied
against the property within the proposed ULID 13 specially benefited by the proposed
improvements. The assessments levied in ULID 13 shall be for the sole purpose of payment
into such revenue bond fund as may be specified by the Board of Commissioners for the
payment of revenue bonds to be issued to defray the costs of the above improvements. Actual
assessments may vary from the assessment estimate so long as they do not exceed a figure
equal to increased true and fair value that the improvements add to the property.
You are notified that a meeting of the Board of Commissioners will be held at the District
office, 7096 Point Whitehorn Road, Birch Bay, Washington, at 1:00 p.m. on
Saturday, December 11. 1993, which time and place are fixed for hearing of matters relating
to such formation and improvements and for determining the method of payment thereof.
Persons desiring to object to the improvements and the formation of the proposed ULID 13
may appear at the hearing to state their views.
I. All persons desiring to object to the formation of the proposed utility local
improvement district must file their written protests with the Secretary of the Board no
later than ten (10) days following the public hearing. Protests should contain tax lot
numbers or other identifying description.
?. If the owners of at least 40 0 of the area of land within the proposed utility local
improvement district file written protests with the Secretary of the Board, the power of
the Commissioners of the Board to proceed with the creation of the proposed utility
local improvement district shall be divested.
3. The name of the Secretary of the Board is Peter Lewis. The address of the Secretary of
the Board is 7096 Whitehorn Road, Birch Bay, Washington 98230-9675.
4. The names of the property owners within the proposed utility local improvement
district are kept available for public perusal at the District's office from 8:00 am. to
4:30 p.m.. Monday through Friday.
h:•.htrw&J W blrs-a•r.:rm%19339
The estimated amount of the cost and expense of such improvement to be borne by and
assessed against the described lot, tract or parcel of land of which you are the owner or
reputed owner as shown on the tax rolls of the Whatcom County Assessor is as stated below.
Peter Lewis
Secretary of the Board of Commissioners
Birch Bay Water and Sewer District
Name of Owner
William E & Kerri L. Burch
4232 Br:;.:lge: Rd
Blaine
WA 98230
Le al Description of Pro erty
400129 228317
Lot 11. Double R Ranch Plat, Whatcom County, Washington, as per the map thereof recorded
in, Volume 9 of Plats, Page 87 in the Whatcom County, Auditor's Office.
Estimated_ Amount of Assessment Against the Foregoing Property RECEIVED
General facilities charge = $707.00 DEC 15 199'
Local facilities charge = S7738.50 Ay
HATER & SEWER DIST.
Total = $8445.50
IF THIS NOTICE IS RECEIVED BY SOMEONE OTHER THAN THE OWNER OF THE
HEREIN DESCRIBED PROPERTY, PLEASE FORWARD TO THE OWNER AND
NOTIFY THE SECRETARY OF THE BOARD OF COMMISSIONERS.
CA_ n JIs1 r J n2:-� ?� :� v_� - / v O
/�l u.•,� 1 J l?ems :�r.X cc?r. �� 'o r
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n: tbbw%&dhlrTwr. errn,1933v
NOTICE OF ADOPTION OF RESOLUTION OF INTENTION TO CREATE AND
NOTICE OF HEARING ON CREATION OF
UTILITY LOCAL IlVIPROVEi�NT DISTRICT - U.L.I.D. NO. 14
YOU ARE NOTIFIED that on October 21, 1993, the Board of Commissioners of Birch Bay
Water and Sewer District, Whatcom County, Washington, adopted Resolution No. 533
declaring its intention to create Utility Local Improvement District No, 14 ("ULID 14") and to
order the construction of certain improvements to the` water system of the District within said
ULID 14. The -boundaries of the proposed ULID are as set forth in that resolution. The
proposed improvements consist of the acquisition, design, construction and installation of the
following improvements: approximately 13,000 feet of eight- and ten -inch water Line along
Hickok, Custer, Boone, Masterson, Bridger, Crochet, Casey and Carson Roads (to replace
existing water lines) with fire hydrants along said roads in the area of Birch Bay known as
Double R Ranch.
The estimated cost of these proposed improvements, and other expenses in connection with the
improvements, is $753,428, of which 100 a will be paid by special assessments levied against
the property within the proposed ULID 14 specially benefited by the proposed improvements.
The assessments levied in ULID 14 shall be for the sole purpose of payment into such revenue
bond fund as may be specified by the Board of Commissioners for the payment of revenue
bonds to be issued to defray the costs of the above improvements. Actual assessments may
vary from the assessment estimate so long as they do not exceed a figure equal to increased
true and fair value that the improvements add to the property.
You are notified that a meeting of the Board of Commissioners will be held at the District
office, 7096 Point Whitehorn Road, Birch Bay, Washington, at 1:00 p.m. on
Saturday, December 11, 1993, which time and place are fixed for hearing of matters relating
to such formation and improvements and for determining the method of payment thereof.
Persons desiring to object to the improvements and the formation of the proposed ULID 14
may appear at the hearing to state their views.
1. All persons desiring to object to the formation of the proposed utility local
improvement district must file their written protests with the Secretary of the Board no
later than ten (10) days following the public hearing. Protests should contain tax lot
numbers or other identifying description.
2. If the owners of at least 40 0 of the area of land within the proposed utility local
improvement district file written protests with the Secretary of the Board, the power of
the Commissioners of the Board to proceed with the creation of the proposed utility
local improvement district shall be divested.
3. The name of the Secretary of the Board is Peter Lewis. The address of the Secretary of
the Board is 7096 Whitehorn Road, Birch Bay, Washington 98230-9675. r
-t. The names of the- property owners within the proposed utility local improvement
district are kept available for public perusal at the District's office from 8:00 am. to
4:30 p.m.. Monday through Friday.
LIP
B:.I3B1VWD' DDRCI1D.C:m%19338
The estimated amount of the cost and expense of such improvement to be borne by and
assessed against the described lot, tract or parcel of land of which you are the owner or
reputed owner as shown on the tax rolls of the Whatcom County Assessor is as stated below.
Peter Lewis
Secretary of the Board of Commissioners
Birch Bay Water and Sewer District
Name of Owner
William E & Kerri L. Burch
4232 Bridger Rd
Blaine
WA 98230
Leal Description of Property
400129 228317
Lot 11, Double R Ranch Plat, Whatcom County, Washington, as per the map thereof recorded
in, Volume 9 of Plats, Page 87 in the Whatcom County Auditor's Office.
Estimated Amount of Assessment Against the Foregoing Property_
JVE
General facilities charge = $1497.00
Local facilities charge =
Total =
$11896.50
$13393.50
DEC 15 1993
IF THIS NOTICE IS RECEIVED BY SOMEONE OTHER THAN THE OWNER OF THE
HEREIN DESCRIBED PROPERTY,' PLEASE FORWARD TO THE OWNER AND
NOTIFY THE SECRETARY OF THE BOARD OF COMMISSIONERS.
vOTz ran_ vt;:_' �7
`): bbwsd1db1rswr.:'rTw19339
MINUTES OF THE BOARD -OF; .. x
COMMISSIONERS OF BIRCH BAY WATER AND SEWER DISTRICT
HELD JANUARY 13, 1994
The meeting was called to order by Commissioner Lewis. Other
persons present included Commissioners Montfort and Reichhardt,
Scott Christensen, Pat Sizemore and Pete Visser.
Minutes of the December 16, 1993 meeting were approved as
printed.
There was a general discussion regarding the Double R Ranch
protests received. Pat Sizemore reviewed his recapitulation of
the protests, withdrawal of protests and ownership questions with
the Commissioners. There were some protests which were disallowed
as being too late and some were disallowed because they had
signed no protest agreements. There was a general discussion with
various parties regarding the status of the project. It was
moved, seconded and carried to have Pete Visser contact Bond
Council to determine the validity of the withdrawal of protests
and report back to the Commissioners at the next meeting.
Pete Visser reported that he had heard nothing further from the
attorney for Inca on the records. The Commissioners directed Pat
Sizemore to contact Eastgate Sewer District and see if they are
interested in pursuing this jointly.
Pete Visser advised the Commissioners that there had been no
response from Dixon on the assessment delinquency. Pete Visser
was directed to proceed with a lawsuit to collect the delinquent
assessments. The Ragu ULID. No. 2 delinquency was discussed. The
Commissioners directed Pete Visser to send a delinquency notice
on that assessment.
Pete Visser discussed the Elite Concrete lawsuit with the
Commissioners and advised them that he had entered an appearance
in that matter.
Resolution No. 537 was approved creating ULID No. 15 for the
Holeman Avenue sewer project.
Duane Nelson was present to ask about water and sewer service to
several hundred acres of property on both sides of the Blaine
Road, between the Double R Ranch and the Alderson Road. He will
meet with District staff to go over the details of his proposal.
Scott Christensen reported:
1. The Loomis Trail Developer Extension is almost ready to
start. A pre -construction meeting has been scheduled for 1:00
P.M., Thursday, January 20, 1994. The.Utility Companies will
attend starting at 2:00 P.M. The bid opening for the crossings
under California Creek near the intersection of the Loomis Trail
�..VL'11'11JJ1v�. yjy� yr o11C�.n L7tli WKTISK tilt/U Jra WI:aK U1.7 TXll:'1'
HELD JANUARY 27, 1994.
The meeting was called to order by Commissioner Lewis. Other �' C
persons present included Commissioners Montfort and Reichhardt,
Pat Sizemore, Scott Christensen, Glenn Golay and Pete Visser.
Minutes of the January 6, 1994 special meeting were approved as
printed.
Minutes of the January 13, 1R94 meeting were presented for
approval but were not approved because the Commissioners had not
had an opportunity to review them.
Pete Visser reported_ on the Double R Ranch ULID procedure and
status. He advised the Commissioners that the bonding attorneys
have suggested that a' -new notice be sent out and that a new
protest period be instituted if the Commissioners want to proceed
with the current ULID process. The Commissioners asked Pete
Visser about the possibility of a new ULID petition and
proceeding completely under the petition method for formation of
the ULID. Attorney Visser advised them that that was an
acceptable.alternative. It was moved, seconded and unanimously
passed not to proceed with ULIDs No. 13 and 14 at present. The
Commissioners advised the proponents of the ULIDs that the
Commissioners would be willing to consider a petition for water
and sewer ULIDs from the Double R Ranch area -if a new -petition
was presented.
Resolution No. 538 was approved, changing the meeting dates to
the 'second and-fourth.Thursdays of each month at 4:30 P.M. at the
District.office.
Cellular phone agreements incorporating the State Attorney
General's recommended procedure were signed and authorized by the
Commissioners for five District employees and one Commissioner.
The Commissioners set a special meeting for January 31, 1994 at
4:30 P.M. at the District office to continue budget deliberations
for the 1994 Budget.
Pat Sizemore announced that there was an open position on the
Boundary Review Board and that the Commissioners could submit
nominees if they so desired. There were no nominations made at
this point.
Scott Christensen reported:
1. Waterworks, Inc. was the low bidder at $453,086 plus tax
plus engineering for the California Creek crossing. The Loomis
Trail golf course developers' attorney has been advised that the
developer was being asked to pay for a portion of that but no
reply has been received yet from them. The Commissioners decided
to hold off for now on awarding the bids for that project, but
they will need to be awarded soon so that the bids do not expire.
2. Scott presented easements for the California Creek
crossing. Pat Sizemore was authorized to attempt to get the
owners of the property to sign the easements.
3. Scott presented a preliminary schedule for the time -
frames on ULIDs No. 11, 12 and 15. The schedule calls for
completion in June of 1995. Pete Visser was asked to check on
7,-q
/y
n
1. 31
THE FOLLOWING ARE NOT COUNTED
REC'D THE FOLLOWING ON 12-23-93; BRENDA DISCOVERED THEM INI
OUR MAILBOX, NOT POSTMARKED, BUT W/S.29 STAIIZP ON ENVELOPE'.
10, W 1/2 David D. Mobley. Sr. 12-23-93
4391 Masterson Rd
Blaine, WA 98230-9797
10, E 1/2 David D. & Terri L. Mobley, Sr. 12-23-93
4391 Masterson Rd
Blaine. WA 98230-9797
THE FOLLOWING PROTESTS WERE REC'D FROM
FOLKS WHO FLED
PREVIOUSLY SIGNED
"NO PROTESTS" FOR BOTH WATER & SEWER IN
ORDER TO RECEI'V-E «'
aTER SERVICE'.
17, N 1/2
John & Betty Kind
12-1 1-93
_5=40 Sprott St
(signed no -protest)
Burnaby BC Canada V5G 1T5
(12-1:5-92)
67, W 1/2
Paul Wadsworth
12-1 1-93
=l 1 I-14881 104th Ave
(signed no -protest)
Surrev BC Canada V3R 1 V16
(03-30-93)
69
David H. & Doreen C. Barrie
I,-1 1-93
=04--;0�� Imperial St
(signed no -protest)
Burnabv BC Canada V_J 1C9
(04-13-90)
70, W 1/2
Lloyd H. & Patricia R. Bunkowski
12-11-93
==1-13911 70th Ave (new address)
(signed no -protest)
Surrey BC Canada V3W 6B4
(08-06-90)
81
Jose A. Jr_ & aurora S. Manzano
I=-11-93
13136 24th Ave
(signed no -protest)
Surrey BC Canada V4A 2G1
(04-13-93)
89
Theodore E. & Carol J. Kostiuk
12-11-93
11282 LouQhren Dr
(signed no -protest)
Surrey BC Canada %'3R 4Z3
(0'7-30-90)
j • c 4: :
This is a copy of *hat lot, owners signed to.get water service.,
Please note that this is for sewer only. This is what Pat
Sizemore and/or.the district used to disallow water protest
and try to kill the protest.
ACREZMEYT TO FUTURE
UTILITY irOCAL T-%PROV` XENT DISTRICT
WHEEEAS, 'AJG (here_nafter called "Owner"
is the avner ot 4he proaOty situated :+ithin the Boundaries of
Birch Ba-v Water and Sewer District described hereinafter; and
Wd:R AS, Owner des°=es to obtain vz= se�rice to said
p:coerty fron Birch Say er
called 110ist__ct"); and water and' Sewer Dis�_;ct (hereinafter
servesaidp r se=t ' se= race is --lot -'low reasonabiv availabl pr^p_r�y; and e to
:n therarea$. �Z~� __,:ishes tc ass --re tsar as other pt-o q �..e �r�h+er J Gies:_ ;wod Cn.-`lr
52r':1C2 _S l�Y`e 2'ra__-=_e. _ 'tee _ -Z rleYnS
=� rgVe�e�tcJiStr_�t��q� __- `'•."���;.^.2�w� �...� 7 ���_"-_. _..00`],
atrsare __-e - _ -.. ....__inc a sue- ^? c�t.art tc.,
follows: -. ^. a^� ^... .. hC=gib: l^-`n :in
=•^. wliat�dnr CYLt::ty` .:ash. -eton and -o . _.'-n is s;_u. ted
-s -°ra �art_cul•arl.y dec.._ibed
ate `avan na". �� Ve.. -~2 �is��_ - - r7�'1GjA a lettp-- of
desc-:bed gip_ u a.. evade water se, -'Ce tC th'! Mrooerty
0;str s �`e ` ^cn Ma}�e^.t oc a!-! fees and c'iar;e s t
ct' ~esq__-_ens on the dztef ,_s a by the
and/or the Fate c: !%.rent Of ° ap �.�at_Cn FCr sPt-fief
axedtors st- tars, Owner, =r h°asel his hears,
�a- - -^ ass:ins cr successors in :nt2res�
ra: is z d ac=ees' to `~e O_str_ -ti `'
rer^ ester _� s at_ict� d - ct �e wi_�, .heneve_
"`-C� any ❑t:zer ~s� .efts net-_P
Sal:'C _,p r F '2• ..._t_.at-. `_`----he'_zinq
t.0 7 3 OG=�. Ve:7er+Z Cis:. v
desc__fed _ =_� se-.;ez- to theF YC?rCy
Winer ._ .her =;- ee : to actively promota the,
�^: r w r i cz act 63, Pape: 1
LT�G!W. :ASNIWr-=M :r3_c
. : 1
0-4:_ Y7 14 I .
T:-TIS IS .ff PERSONA:. Rr?:Y TO LETTER DATED Fr3R::.kR- I3 cn FROM
y JI._' AND JOY HL-NTER AND GEORGE AND SHIRLEY S RGEANT TO THE 3.LZ
BOARD OF TRUSTEES
IT IS VERY UNFORTUNATE THAT SO MUNY MISLNi DERS =Artier I NGS HAVE
OCCi.:RZ.D ARISING OUT T-E THE SEWER AND WATER --- IDS : I
P RE S L.%r' IT IS UKkN NATURE TO JUMP TO BELIEVE :r �A-T YO L WANT
TO H AR.
YES, WE DID TRY TO C::,A-NGE ,VO TF.S - WE M,—D ERS .r :O WANT SETWERS
NOT :-.... 30A_RD) WERE TOLD BY TILE DISTRICT THAT J HE -RE WAS A 'rTUR_N
A_ROL-D PERIOD" IN WHICH WZ COLZD GET_ OWNERS TO WIiiD&A:1 THEIR
?ROT = S TS . TN EE DID THAT. WE WERE RE TOLD AT THAT TIME THAT WATER
MAD ?aSSED AND WE WERE LATER TOLD THAT SINCE _::E OP?OSITION
HAD �.r' D' SO 'L-kNY THREATS rH. IS WHY BOT:l WATER AND SZET ER FAILED. AS
3OND7 G COMP.. -NY DID WT DRA'N OLTR FINANCING.
.
`J= S . OY ..- -ER CA.T..LE D �� R=.GARDING HER CO.IP '_=N iS AND I TOLD
.-ER =0 WR__— A LETTER. TNT iVr.RE CERTAI:iLY NOT COVrRTtiG UP THE
UPFRONT" COSTS FOR PER�!ITS, ETC. OF ABOUT $1 SO AS THESE COSTS
:JERE STATED AT EAC:-i OF THE' DECE:BE'R MEETINGS. AS FAR AS THE
$6CC COST TO 3R7N. G FROM ME---R TO TRAILER, T:L, = WAS `L= RELY
AN 1"NDICAT=ON SINCE THE OW TER CAN DO HIS OWN DIGGING AND HOOK-
C? . i r �Ti_ .ZVrR ..EAR,7 ANYOW':IcR SAY T::E COST TNO LLD 3E ONLY
$20 :0 S50.
:_( CO�iC=L1=J =0 ==05E OWNS" S :v 0 CA`Y,0: :.:=ORD TC PA`_' THE ?=R M.0.
S _:.�C - ?3:c ACR7 3 _ _ : `•r MOR= CONCER`,ZD FOF. :.__ 0= 'S AS TO
COST ;vIL_ 3= �iOW T =-- -= = ST. -- C IS t�;rC1�,-_0.
DO NOTi-KNOW ;v-:__ _S E ��Ez`iS S: :. FR== �i_0==. 1S C:;�iERS D-D
:0=�= - 3=LIE - =�' :.`'7 = CS= : GA- - � 1 - == S:_•r= (NOT AS
.V .Y� I _ 1 _1 �'- IS- U-J -
�rC�.=._✓R_i�r C- :v 7 _:i - :E_
_`._`:C_ :,i =- �i0:
ARE .'Airy Ul iO__
SS--.ATE
OF Wv=.S�_Nv_':.17. 1J
:C_J..__ 0=
OrV�1RS
:Y-l� .R�Ir.D �O�r.'/ is _ :._IDS .
.
-OR :)7-, - ' S _:•i_ OR.`�'-==0.`i A` = CO';'R_�C:::AL AC►R=E�r�- _ _S J=C_DE.D
rBOAR2 AND =S SIGNED 3'= _ _= ?:cES=Dc:i A:"O _: E SECRETARY
VOT-
-- -= 0= - -JI- CANY10= 3= D=.S-=C'_=C C- ZR \iCN
-- +•r - - �(.�. .+�-.� _�. - _.�: - G. _-_RA:: .7._.: ..,d Lam_
ter_: _._ :... Ti0 _�O C..
30r_RD Gi R=�i==?�---�i:•!=:.=
CAT�3.:C:i
" -A. Sr:RCC_ ?1 -INS T `:lG S _ =.
,
S
firer_:-�: :; ;:-:D❑: :�`
- DUEST
NOTO
.O_G_ =`S_..,
ems"'":�v. ._i5■ _.'.. r^CS - _� _J —_
�•� s-
- - _
- �-�-- -' ':C_:'ZG O"m 3'_-_.:,iS C.._ ?�_ `.'
•�� a AR'='I'CL _
,
-?RO37
3. _`..-:.=:.3
rJ•-
=:.[
.1
O :JC:t: D - :_ A2 C A: := _ :_..=
.v tiJ .. _la.: — _` —>._
CA:. v_.
_.v..S .
r�ti_ ..--
�.. _.._ .. • _n.r :.� •Y_t..
r.AJ .. :CB t :_ _r+
�� ✓O,i:.
r.....
BEFORE —THE THE HEAVY RAINS. ALL OWNERS ARE PAY=`;, . (-"C:'i. A_L`:
WHEN JOY CALLED ME SHE GOT MORE EXPLICIT A FINGER
AT ONE OWNER WHO SHE SAID WAS AT -WAYS LATE TN = i = DUES A_`iD NOW
SHE HAS NEW CULVERTS & GRAVEL - I PRESUME SHE KNz'_,i 'N 0 PAID
ON TI_`E SINCE SHE ASSISTED DEAN WI — THE BOCKS) .
LAST, BUT NOT LEAST, BACK TO THE HUNTER'S FAVORITE SL3, ECT -
BILLIE SQUIRES ACTING AS •;REASi:RER. SHE IS 'VERY AWA*'t.` OF
WHY AND WHEN I TOOK OVER THE JOB OF ISSUING i E CHECKS BESIDES
COLLECTION OF DUES. WE HAVE BEEN THROUGH T::=S BEFORE WHEEN
A PREVIOUS TRUSTEE DMLANDED AUDIT BECAUSE OF !WHAT
WAS NEGLECT IN REPORTING FINANCIAL IN-OR_`�L_T=O`, V N%LY,
OT:-:ER ERRORS IN ALLOCATION OF FL iDS . W:= EN DE. `: Hi --TER L -_
THE BOARD TO :MOVE TO- TORO:iTO, DOREEN BARR==
Tt1:{E OVER THIE BOOKS AND STRA:GH TE�i OL ' TrE CtONz—, DER..-3=E ".ESS
THAT THE BOOKS WERE IN. I AL`-! S ARE DOR.E-N 'ri =L= VOUC:: FOR THIS
AS SHE REPORTED TO T'dE BOARD THAT IT TOOK !r-`i': , ;LEVY HOURS TO
CORRECT ALL THE ERRORS AND GET THE BOOKS RE'_.D': TO GO TC T::E
CPA FOR THE TAX WORK. IT `,;i%S I`MORTAITT THAT CUR TA:= 3E DONE
ON TIME AS THE PREVIOUS YEAR UNDER TF_E SA_"T-: _ `ASi.:RER, :i=
ERE FINED $550 FOR LATE RE POR_:NG Or TAXES. OUR C?-' G"
OUT OF THAT FIVE BY TELLI`iG IRS THAT _ _ NCL:. D `iG -: ?= EJ
AGA=N AND TH_'T MAY3cT C:.NAD_:-`; :RE SUR=-R N 'D-�=_
IMPORTANCE OF RE?ORTi.N;G Oi; T_`•'^ WAS :3C;, _ :S _ I%!E
THE BOARD VOTED THAT J. H3 CPA �vC;.=D DO '-
:` A COST OF ,S50.00 PER XON -. 3'-_ ....I:; -r.---
CON'rTN! - AS TREASCR= 3 ANDSA��= _ 550 . , ,
PO:NT WHEN RICK Gi.:?E=E CO:-FLA.I_`;ED 3C"-J;
HE DE.SANDED I TUR; is E 300tS 0*.,- _0 L.C?.EE`'-`r_D�IJD=D _rD
- 0`1 VACA_TON FOR I?v0 WEEKS AN,R-:D 1-_
BACKAD S ID :0.:{EE? I_ B_=;Y_=`; _.._ L.JG C. 50
OU_ SO:[-: CONTROLS . i-:.T WE AR=
YOU ?EO?-_ i I`iK C
I A_.r ST-A---';G . S -=- _ D �: _ S- _ - -
. I
AROUND _..E 3CSH.
0I -R i::E 1_L.L?U0Y,� , ?OY ZZ ..lkT.''? '-
,: -.7 _-= 0\
♦ .s_ 1_ ...._ .._vim ..__.._.._._
LINDA s ? Eris Is Rr-`;72,-G DAY c - r,-_ AF _ Gam_ =_� ;:C_
TO PURSUE THAT, BL71 FOa RECO?D. LI:;D:. CA-.== FOR ---.
AND HAS G;.; RDIAXS;::? OF ON=
104 Kelly Campbell (taxpayer)
16-9400 128th St
Surrey BC Canada V3V SW4
- 4246 Cody Rd
Blaine, WA 98230
RECEIVED NOTICE
OF WITHDRAWAL OF PROTEST!!
7, W .1/2
Cosimo & Maria G. Scali
1962 E 49th Ave
Vancouver BC Canada V.P 1T3
9, W 1/2
Tim B. Breden
19869 28th Ave
Langley BC Canada V3 A 4P5
9, E 1/2
Tim B. Breden
19869 =8th Ave
LanQlev BC Canada V3A 4P5
I 1 A
Par Mac Bav Inc.
361 N-E Guilman Blvd TE ,
Issaquah, WA 98027
11B
Par Mac Bav Inc.
361 N-E Guilman Blvd =E
Issaquah. WA 98027
32, N 1/2
Gilbert & Angela vi. Holloway
7909 Carson Rd
Blaine, WA 98230
39
Gerry F. & Leona Marsolais
7816 Carson Rd
Blaine, WA 98230
84A
Par Mac Bay Inc.
361 NE Guilman Blvd TE
Issaquah, WA 98027
84B
Par Mac Bav Inc.
361 NE Guilman Blvd :=E
Issaquah, WA 98027
12-11-93
12-11-93
01-13-94
12-20-93
01-13-94
12-20-93
01-13-94
1=-10-93
01-13-94
12-10-93
01-13-94
121-11-93
01-03-94 — �••�
12-11-93
12-23-93
12-10-93
01-13-94
1 -10-93
01-13-94
9A.60.030 WASHINGTON CREMaNAL CODE
9A_60.030. Obtaining a signature by deception or duress
(1) A person is guilty of obtaining a signature by deception or
duress if by deception' or duress and with intent to defraud or
deprive he causes another person to sign or execute a written
instrument.
(2) Obtaining a signature by deception or duress is a class C
felony.
enacted by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.60.030. Amended by
Laws 1973-76, 2nd Ex.Sess., ch. 38. § 14. eff. July 1, 1976.
Historical Mote
Laws 1973-76. 2nd Ex.Sess., ch. 38. Laws 1911. ch. 46, § 1.
3 14. inserted "or duress" in subset. (2). Laws 1937. ch. 78. § 1.
Effective date-Severablllm-Laws RRS §§ 2617. 2619. 2673. 2674. 2696-
1975--76. 2nd ExSess., ch. 38: See His- 2. 2696-4.
:ortcal Notes following § 9A.08.020. Former §§ 9.37.010 to 9.37.060.
Source:
Laws 1909. ch. 249. §§ 365. 367. 421.
'21
Library References
False Pretenses a t et seq. and elements, see Wash.Prac. vol.
C.;.S. False Pretenses § 1 et seq. 11. N4PIC 130.05. 130.06.
Jury instructions. obtaining signature
b%- deception or duress, dennitton
9 A.60.040. Criminal impersonation
(1) A person iv -guilty of criminal impersonation if he:
(a) assumes a false identity and does an act in his assumed
-haracter with intent to defraud another or for any other unlawfi,.l
purpose: or
(b) Pretends to be a representative of some person or organiza-
ion or a public servant and does an act in his pretended capacity
.pith intent to defraud another or for any other unlawful purpose.
(2) Criminal impersonation is a gross misdemeanor.
.naeted by Laws 1975. 1st Ex.Sess., ch. 260. § 9A-60.040.
HLtories] Now
�ourcc Laws 1937. ch. 78. § 1.
Laws 1909. ch.:49. §§ 363 to 365. 421. RR5 §§_ 7.615 to 2617. 2673. 2674.
2696-Z 2696- 4.
47'- Former §§ 934.010. 934.020. 937.010.
Laws 1911. ch. 46. § 1. 937.030 to 937.060.
Cron References
tuumins to be attorney or officer of court. see §§ 73Q010(6). 9.23.010(8).
r-gtnea or land surveyor, prae:tcing illegally as. see § 18.43.120.
376
liquor permit, procuring by false pretenses, st
Military insignia, unlawful wearing, see § .38.=
Optometry, using false license, see §§ 1853.14
Osteopathy, unlawful practices, see § 185.16(
Pharmacy, using false license, see § 18.64.250.
Registered nurses, using false diploma, etc, se
Substitution of child, see § 9.45.020.
Veterinarians, filing false license, see
Library Refer
False Personation a 1. 2. c
False Pretenses c-l ct seq. C
9A.60.050. False certification
(1) A person is guilty of false cer-
authorized to take a proof or ackn(
which by law may be recorded, he k
. the execution of such instrument wz
thereto or that the execution thereof
(2) False certification is a across m
Enacted by Laws 1975. 1st Ex.Sess.. ch.
Laws 1975176. 2nd Ex.Sess., ch. 38. § 13.
Historical
Laws 1975-76. 2nd Ex.Sess.. ch. 38. ;
§ 13. substituted "A" for "any" in subset. L
(1).
Effective date-Severabillty-Laws 1
1975-76. 2nd ExSess_, ch. 39: See His- ,
torical Notes following § 9A.08.020.
Source:
Laws 1854. p. 83. § 87.
Forgery 0-7(5).
CJS. Forgery § 26 ct seq.
Libtzry Refer
Notes of Deci
1. Notaries public prc
Person's notarization outside presence Th
of those whose signatures he is notarir- W..
Lag falls within conduct proscribed by
LAW OFFICES
JOHN C. BELCHER
JACK O. SWANSON
CHESTER T. LACKEY
JAMES M. DORAN
TERRANCE G. LEWIS
June 23, 1994
BELCHER, SWANSON. LACKEY, OORAN & LEWIS
103 EAST HOLLY STREET SUITE 401
BELUNGHAM, WASHINGTON 98225
Commissioners
Birch Bav Water and Sewer District
7096 Point Whitehori Road
Blaine, WA 98230
RE: FOMMATION OF UL•ID 94 -A AND 94 -1
Dear Commissioners:
TELEPHONES
(206) 73- -6390
(206) 396-1146
FAX (206) 671-0753
We have written to you earlier expressing the concerns of many of
the residents of Double R Ranch relating to the formation of ULID
94-A and 94-1. These two ULID's are being formed by the petition
method. Our earlier concerns related principally to the manner
in which signatures were obtained on the petitions and the
resulting legality of the entire ULID formation process. At your
meeting of June 23, 1994, you will be holding your hearing on the
formation of these two ULID's and we urge you to reconsider the
issues raised in our earlier letter.
There are two other issues of a legal nature which we would have
you consider before reaching a final decision on whether or not
to go forward with the two ULID's.
The authority of the District to impose assessments is based upon
the presumption that the properties assessed will receive some
special benefit as a result zf the improvement. The amount' of
the special benefit accruing- to the property located within a
local improvement district is the difference between the fair
market value of the property before and after the improvement.
The property located within a local improvement district (this
includes ULID's) is not subject to an assessment unless it is
specifically benefitted by the improvement. Another way of
statina this rs?a is that the fair market value of the properties
assessed Must at least be increased by the amount of the
assessment against each of those properties.
This issue more often arises at the time the District asks for
Confirmation of the final assessment role. That normally occurs
after the improvement is in the ground and all the costs are
dete=-:Win ed. I` properties do not receive sufficient special
be_nef its, then the law requires that the District reduce the
BELCHER. SWANSON. LACKEY. DORAN & LEWIS
Commissioners
j Birch Bay Water and Sewer District
June 23, 1994
Page 2
assessments against those properties until the assessment equals
the increase in fair market value which the properties obtained
from the improvement. The difference between that special
benefit and the amount of the assessment represents funds which
the District must recover from other sources other than
assessments such as operating revenues.
It is our understanding that many of the properties in Double R
Ranch will not be substantially benefitted by the two ULIDIs.
Many of the property owners have obtained the services of an
appraiser who will be making that presentation to you at the
hearing. The relevance of this presentation is that these
properties will not be responsible for the substantial portion of
the assessment levied against them causing the District to pick
up the tab. Is this in the District's benefit? Is it in the
public interest? As commissioners, you may want to fully
consider this problem before authorizing approval of the two
ULID's in question.
A second collateral issue also needs your consideration. We
understand that some of the properties which signed the petitions
in support of the ULID's may well have no value because of
constraints on development such as wetlands. 'If that be the
case, then the owners of those properties have little incentive
to pay their ULID assessments. It is sort of paying good money
after bad. They have land which is valueless. Providing water
and sewer to valueless land does not increase its value. A
default then occurs. We suppose that defaults on assessments are
not an uncommon situation for the District. It must be
remembered, however, that the land and its inherent value is the
source of payment of the assessments and, in turn, repayment of
the bonds. If the land is valueless to the owner, it is
certainly valueless to the District as well. This means that a
foreclosure for unpaid assessments will not yield an asset
capable of being resold to cover the indebtedness attributable to
it. Once again, the District will be required to pay its
bondholders whether or not the assessments are paid and whether
or not the foreclosed upon land subject to the assessment is able
to be resold.
If there is a great deal of undevelopable land or if the
assessments against it are especially high, financial difficulty
created by these defaults could be large. As commissioners,
before approving the ULID's, this problem must be taken into
consideration.
We are advised that there are at least four lots with assessments
in the Si5,000 per lot range which may well fall into this
ESTIMATED CLOSING STATEMENT
BUYER
MICHAEL J. MURPHY
ROBERT D. PETRIE
MARY E. PETRIE
2412 Dean Ave.
Bellingham, WA 98225
Property:
Parcel No. 400129-094071-0000; Blaine, WA 98230
Estimated Closing Dates
March 1, 1993
Escrow No. 1840
Page 1
fb-b
DEBITS CREDITS
CONSIDERATION:
Total Consideration
125,000.00
DEPOSITS:
Deposit
By: MICHAEL J. MURPHY
1,000.00
EXISTING b NEW LOANS:
Principal Balance - John M. Homenchuk and Marion
M. Homenchuk 14,232.16
Principal Balance - AUGUSTO G. SYJUCO
AURORA L. SYJUCo 84,000.00
PROBATIONS:
County Taxes at $598.39 per year ESTIMATED
From 03/01/93 to 07/01/93 200.01
DISBURSEMENTS:
Accounting Fee
Paid To: SHELMAR ACCOUNTING 30.00
TITLE CHARGES:
Record Statutory Warranty Deed
Record Trust Deed 9.00
8.00
ZSCROW FEES:
?,ucrow Fees
ales Tax 295.00
23.01
ialance Due Escrow
'otals 26,332.86
125,565.02 125,565.02
OTICE: This estimated closing statement is subject to changes, corrections or
additions at the time of final computation of closi escrow otatement.
� LH21`
ROHER D . PETRIE
x k1
NARY E. PETRIE
-----------------
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Commissioners
Birch Bay Water and Sewer District
June 23, 1994
Page 3
category. This could result in a $60,000 default on the
assessments, valueless collateral, and create a situation where
the District would have to repay the.bond payments and interest
represented by those assessments. .
The petitions submitted for these improvements met the statutory
allegations relating irement Of 5114' by
onmisconduct and the
light of all the
benefit to many of the properties we hatheve tlack of special
two
ULID's are really a good idea. we know that when other
jurisdictions are farmed with such limited support for their
ULID's that they rarely proceed with them. The risks of default
and problems are simply too great.
On behalf of our many clients at Double
You use your discretion and decline to
proposed by the petitioners.
Thank you for your consideration.
Sincerely yours,
JA x O. SWANSON
JOS:nff
R Ranch, we request that
go forward with the ULID's
v 9, C -
Windermere
Real Estate
Birch Bay
BAY STAR
A LIMITED PARTNERSHIP
Presented By: PETER LEWIS
STEPHEN NELSON, C.P.:
!indermere Real Estate/Birch Bay. Inc. L-1- ..-. ._ .:3 r 99230 20c 337 1 72'2
LOCATION (continued)
for the wide variety of uses allowed under the commercial zoning. Directly south
of the property, a sewer system is being installed. Ultimately, the availability of
this utility will allow the development of this property to a different use that will
R provide a greater return for the investor, when market conditions allow. The site
could accommodate up to 70 apartment units, which would make the land cost
per unit about $3,600 a very reasonable amount H
TERMS 11
The partnership has rights to purchase this parcel at a very favorable price
with owner financing. The purchase price is $260,000, with $60,000 down and
monthly payments of $2,671. The loan would be paid off in ten years.
ADVANTAGES
The Bay Star limited partnership is designed to allow ten units to be
purchased by the limited partners; initial investment is $8,000, and an additional
investment of $7,000 when required for development. In order to make the
monthly contract payment, each investor will make a $350 monthly payment, until
cash flows are sufficient to reduce or eliminate this payment. This sized
investment, when coupled with professional management, allows an investor to
participate in a well designed investment program without having to commit large
amounts.
The partnership is purchasing this parcel for $1.52 per square foot, well
under the area of $1.81 per foot asked for on other parcels in the vicinity.
The entire project will be under local guidance and control. The organizers
are Mr. Stephen Nelson and Mr. Peter Lewis, who will be the general partners. In
that capacity they will be responsible for the development and operation of the
business and management of the partnership.
11
I
1
I
1
r]
Windermere
Real Estate
B!r(;h Bay
19 Ir 1 20
0
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. a02T
7S�Y
A/V CH 0k MANOR. (PRoPosEd)
/9.2. Ass So 1-07's
S1/V&4Em FAMILY U00SING
BAY 4AYNbCN ROAD
•V � 1 �
{4to M. 13ROWN
5- LEHMAN ETAL
HAS JA58o2.ra
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Lincermere Real Estate/Birch Bay. Inc. - _ _ _ •• ___ _ -=== _: =:c _-' :_
WHATCOM COUNTYAUDITOR
Whatcom County Courthouse
311 Grand Avenue
P.O. Box 398
Bellingham, WA 98227-0398
SHIRLEY FORSLOF
Auditor of Whatcom County
_ - ., �. �� I � • fib- � lE` . ' �£'�'�Gki'� tir.. ' �.e:
MEMO TO: Deane Sandell, Chief Deputy Sheriff
FROM: Shirley Forslof, County Auditor
DATE: May 15, 1995
SUBJECT: Affidavit of Service
Please serve the following Birch Bay Water District Commissioners with Demand for Recall
filed by William E. Burch. Please provide the Auditor's office an Affidavit of Service upon
completion.
Peter Lewis
8557 Semiahmoo Drive
Blaine, WA 98230
Don Montfort
8323 Harborview Road
Birch Bay, WA 98230
Carl Reichhardt
8609 Semiahmoo Drive
Blaine, WA 98230
Auditor - Accounting Recording Elections Motor Vehicle Licensing FAX
(206) 676-6740 (206) 676-6741 (206) 676-6742 (206) 676-6743 (206) 7384556
r
WHATCOM COUNTYAUDITOR
Whatcom County Courthouse
311 Grand Avenue
P.O. Box 398
Bellingham, WA 98227-0398
SHIRLEY FORSLOF
Auditor of Whatcom County
March 15, 1995
J,4 VID S,1�;� • � r,��
;;Qn Courl
iy
Wash. S. Mc Eachran
Whatcom County Prosecuting Attorney
Whatcom County Courthouse
Bellingham, WA 98225
RE: Demand for Recall of Birch Bay Water District Commissioner Carl Riechhardt
THIS IS TO CERTIFY that the attached is a true and correct copy filed in the Office of the
Whatcom County Auditor, Bellingham, Washington on March 15, 1995 of the Demand for
Recall of Birch Bay Water District Commissioner Carl Riechhardt filed by William E. Burch of
4324 Bridger Road, Blaine, WA 98230.
Shirley Fo*'Ynty
Whatcom Auditor
Dated this 15th day of March, 1995.
Auditor - Accounting Recording Elections Motor Vehicle Licensing FAX
(206) 676-6740 (206) 676-6741 (206) 676-6742 (206) 676-6743 (206) 738-4556
WHATCOM COUNTYAUDITOR
Whatcom County Courthouse
311 Grand Avenue
P.O. Box 398
Bellingham, WA 98227-0398
SHIRLEY FORSLOF
Auditor of Whatcom County
March 15, 1995
David S. Mc Eachran
Whatcom County Prosecuting Attorney
Whatcom County Courthouse
Bellingham, WA 98225
Y.
,r
r :'�+'r� � ems. c: '�_-•:�
RE: Demand for Recall of Birch Bay Water District Commissioner Carl Riechhardt
THIS IS TO CERTIFY that the attached is a true and correct copy filed in the Office of the
Whatcom County Auditor, Bellingham, Washington on March 15, 1995 of the Demand for
Recall of Birch Bay Water District Commissioner Carl Riechhardt filed by William E. Burch of
4324 Bridger Road, Blaine, WA 98230.
Shirley Forslo
Whatcom C ty Auditor
Dated this 15th day of March, 1995.
Auditor - Accounting Recording Elections Motor Vehicle Licensing FAX
(206) 676-6740 (206) 676-6741 (206) 676-6742 (206) 676-6743 (206) 738A556
z
WHATCOM COUMYAUDITOR
Whatcom County Courthouse
311 Grand Avenue
P.O. Box 398
Bellingham, WA 98227-0398
SHIRLEY FORSLOF
Auditor of Whatcom County
MARCH 15, 1995
WILLIAM E. BIRCH
4324 BRIDGER RD
BLAINE WA 98230
RECEIVED FROM WILLIAM E. BIRCH THE
DEMAND AND RECALL AND DISCHARGE OF
CARL RIECHHARDT, COMMISSIONER OF
BIRCH BAY WATER DISTRICT.
SHIRLEY ORSLOF
WHATCD COUNTY AUDITOR
Auditor - Accounting Recording Elections Motor Vehicle Licensing FAX
(206) 676-6740 (206) 676-6741 (206) 676-6742 (206) 676-6743 (206) 738-4556
Under the provisions of Sections 33 and 34, Article 1 of the Constitution of the State I VE D
ftn y FQR510F
of Washington and as provided for in RCW 29.82 I, William E. Burch a registerecWtiATC.OM couNTY auoIroR
voter, demand the recall and discharge of --Donald Riechhardt, Commissioner of Birch
Bay Water District. r_'.; J 1995
My charges against Mr. Riechhardt are malfeasance, misfeasance, and nonfeasance.
Commissioner Riechhardt continued to try to find a way to proceed to form ULIDs:,by,
the resolution method after his right to do so had been divested by RCW 57.16.060.
Evidence: 1.a Notice of hearing on creation of ULIDs 13 and 14, paragraph 3 -
listings 1 and 2, Rights to proceed further were divested on Dec. 21,
1993 by a protest in excess of 40%.
1.b A copy of the minutes of the commissioners Jan. 13, 1994 meeting
showing the commissioners were refusing to accept defeat of their
resolution and looking for a way to carry on.
1.c A copy of the minutes of the commissioners Jan. 27, 1994 meeting
showing the commissioners were still working on the resolution with no
right to do so.
Commissioner Riechhardt knowingly allowed Pat Sizemore, Manager Of Birch Bay
Water and Sewer District to misrepresent the percentage of the protest against the
resolutions. He has refused demands for a count of the protest by someone other
than Water District associates.
Evidence: 1.b Commissioners meeting minutes Jan. 13, 1994 where Mr.Sizemore's
count was accepted over numerous objections which were only listed as
"general discussion".
2.a A copy of a page from the water districts protest tally on which Mr.
Sizemore incorrectly states that lot owners "had previously signed
"NO PROTESTS" for both water and sewer".
2.b A copy of a "NO PROTEST" showing these were designed for sewer
only and had no dealings with a new water service. This was Immediately
pointed out to the commissioner in the "general discussion", but no action
was taken.
Commissioner Riechhardt did nothing when presented with proof that Manager Sizemore
had conspired with Ranch Executive Billie Squires to get people to change their votes
after all rights of the Water District had been divested. Votes were changed after a
deadline set by the Water District.
Evidence: 3.a Copy of a letter from Billie Squires in which she mentions changing
votes on the advice from the Water District.
3.b A copy of the districts tally of withdrawal of protest, the majority of which
were withdrawn over 20 days after the voting.
Commissioner Riechhardt did assist in the obtaining of signatures on a new petition
under deception and duress, a violation of Washington Criminal Code 9A.60.030. At
the public meeting held January 27, 1994, Manager Sizemore stated that the district
did not have a contract with the Double R Ranch to supply water to our system and
might not be able to continue serving water in the future without the ULIDs. Note - the
Double R Ranch has been receiving water from them since 1965. The Commissioners
allowed this threat and followed up on it by telling the proponents of the ULIDs that
they would accept a new petition. This threat of cutting off our water in order to obtain
signatures is a direct violation of the above criminal code.
Evidence: 1.c The copy of the Jan. 27, 1994 Commissioners meeting minutes.
4.a Washington State Criminal Code 9A.60.030
Commissioner Riechhardt accepted a new petition, the one set in motion with a threat of
a water shut off, on which four swamp lots, (wet land that probably can not be developed)
were included. These lots were purchased by the proponents of the ULIDs to get the tally
over the required 51 %. This places the rate payers of the district in jeopardy of higher
utility rates when the owners of these lots default and the district has to pick up the tab.
Evidence: 5.a A copy of a letter from attorney Jack Swanson in which he mentions the
possibility of the district ending up paying the assessments on these lots.
There has been no response on this from Commissioner Riechhardt.
Commissioner Riechardt failed to investigate a situation where District Manager Sizemore
provided advance information to investors about sewers going in the Double R Ranch.
These investors bought land that would benefit. This put the District in a bind to force the
ULIDs on Double R or face the investors. The Commissioners were given copies of real
estate documents and a name and telephone number so they could follow up. Not one
call was made.
Evidence: 6.a and b Copies of real estate documents are attached. the buyer was
Michael Murphy, Ph. (360) 733-6132.
Commissioner Riechhardt has failed to protect the rate payers of this district from unfair
and illegal assessments. State law prevents any assessment being placed for a utility
that does not benefit the property at least in the amount of the assessment. About
thirteen lot owners had appraisals done on their properties. In each case the amount of
the assessment being levied against properties in the Double R Ranch was in excess of
the benefit. Most will benefit less than 20% of the amount of the proposed assessments.
Evidence: Copies of individual lot owners appraisals and assessments can be provided
upon request.
2
Commissioner Riechhardt was influenced by the knowledge of Commissioner Lewis's
bussiness arrangement which stands to profit by forcing the Double R Ranch into an
overinflated ULID package. Commissioner Lewis is in a partnership which is marketing
the land area in evidence just north of the Double R Ranch boundry. This act is a gross
Malfeasance in that Mr. Riechhardt failed to protect the rate payers from this action.
Evidence: 8.a A proposal offered by Bay Star Partnership / Windermere Real Estate.
Page 2 under the heading of Location there is mention of benefit from the
sewer utility being installed directly south of the marketed area. Page 6
shows the site as being directly affected by anything in the Double R Ranch.
A
If
43 155s�
3
1 . WNW
NOTICE OF ADOPTION OF RESOLUTION OF INTENTION TO CREATE AND
NOTICE OF HEARING ON CREATION OF
UTILITY LOCAL BOROVEMENT DISTRICT - U.L.I.D. NO. 13
YOU ARE NOTIFIED that on October 21, 1993, the Board of Commissioners of Birch Bay
Water and Sewer District, Whatcom County, Washington, adopted Resolution No. 532
declaring its intention to create Utility Local Improvement District No. 13 ("ULID 13") and to
order the construction of certain improvements to the sewer system of the District within said
ULID 13. The boundaries of the proposed ULID are as set forth in that resolution. The
proposed improvements consist of the acquisition, design, construction and installation of the
following improvements: approximately 13,700 feet of eight-, twelve-' and fifteen -inch gravity
sewer lines along Hickok, Custer, Boone, Masterson, Bridger, Cody and Carson Roads in the
area of Birch Bay known as Double R Ranch.
The estimated cost of these proposed improvements, and other expenses in connection with the
improvements, is $1,185,794, of which 100% will be paid by special assessments levied
against the property within the proposed ULID 13 specially benefited by the proposed
improvements. The assessments levied in ULID 13 shall be for the sole purpose of payment
into such revenue bond fund as may be specified by the Board of Commissioners for the
payment of revenue bonds to be issued to defray the costs of the above improvements. Actual
assessments may vary from the assessment estimate so long as they do not exceed a figure
equal to increased true and fair value that the improvements add to the property.
You are notified that a meeting of the Board of Commissioners will be held at the District
office, 7096 Point Whitehorn Road, Birch Bay, Washington, at 1:00 p.m. on
Saturday, December 11, 1993, which time and place are fixed for hearing of matters relating
to such formation and improvements and for determining the method of payment thereof.
Persons desiring to object to the improvements and the formation of the proposed ULID 13
may appear at the hearing to state their views.
All persons desiring to object to the formation of the proposed utility local
improvement district must file their written protests with the Secretary of the Board no
later than ten (10) days following the public hearing. Protests should contain tax lot
numbers or other identifying description.
2. If the owners of at least 40 % of the area of land within the proposed utility local
improvement district file written protests with the Secretary of the Board, the power of
the Commissioners of the Board to proceed with the creation of the proposed utility
local improvement district shall be divested.
3. The name of the Secretary of the Board is Peter Lewis. The address of the Secretary of
the Board is 7096 Whitehorn Road, Birch Bay, Washington 98230-9675.
4. The names of the property owners within the proposed utility local improvement
district are kept available for public perusal at the District's office from 8:00 am. to
4:30 p.m., Monday through Friday.
��r f
h:%hhwsJWblrsw•r Srm%19339
The estimated amount of the cost and expense of such improvement to be borne by and
assessed against the described lot, tract or parcel of land of which you are the owner or
reputed owner as shown on the tax rolls of the Whatcom County Assessor is as stated below.
Peter Lewis
Secretary of the Board of Commissioners
Birch Bay Water and Sewer District
Name of Owner
William E & Kerri L. Burch
4232 Br'
rlger Rd
Blaine
WA 98230
Legal Description of Property
400129 228317
Lot 11, Double R Ranch Plat, Whatcom County, Washington, as per the map thereof recorded
in, Volume 9 of Plats, Page 87 in the Whatcom County, Auditor's Office.
Estimated :mount of Assessment Against the f=ore;a ng _Property RECEIVED
General facilities charge = $707.00 DEC 15 1993
Local facilities charge — $7738.50 .r04y
WATER & SEWER GIST.
Total = $8445.50
IF THIS NOTICE IS RECEIVED BY SOMEONE OTHER THAN THE OWNER OF THE
HEREIN DESCRIBED PROPERTY, PLEASE FORWARD TO THE OWNER AND
NOTIFY THE SECRETARY OF THE BOARD OF COMMISSIONERS.
AJO
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b:\.bbwIrswr.;rm%19339
O vL U. � T -� • �
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NOTICE OF ADOPTION OF RESOLUTION OF INTENTION TO CREATE AND
NOTICE OF HEARING ON CREATION OF
UTILITY LOCAL 11UPROVEDENT DISTRICT - U.L.I.D. NO. 14
YOU ARE NOTIFIED that on October 21, 1993, the Board of Commissioners of Birch Bay
Water and Sewer District, Whatcom County, Washington, adopted Resolution No. 533
declaring its intention to create Utility Local Improvement District No. 14 ("ULID I4") and to
order the construction of certain improvements to the water system of the District within said
ULID 14. The boundaries of the proposed ULID are as set forth in that resolution. The
proposed improvements consist of the acquisition, design, construction and installation of the
following improvements: approximately 13,000 feet of eight- and ten -inch water line along
Hickok, Custer, Boone. Masterson, Bridger, Crocket, Casey and Carson Roads (to replace
existing water lines) with fire hydrants along said roads in the area of Birch Bay known as
Double R Ranch.
The estimated cost of these proposed improvements, and other expenses in connection with the
improvements, is $753,428, of which 100% will be paid by special assessments levied against
the property within the proposed ULID 14 specially benefited by the proposed improvements.
The assessments levied in ULID 14 shall be for the sole purpose of payment into such revenue
bond fund as may be specified by the Board of Commissioners for the payment of revenue
bonds to be issued to defray the costs of the above improvements. Actual assessments may
vary from the assessment estimate so long as they do not exceed a figure equal to increased
true and fair value that the improvements add to the property, .
You are notified that a meeting of the Board of Commissioners will be held at the District
office, 7096 Point Whitehorn Road, Birch Bay, Washington, at 1:00 p.m. on
Saturday, December 11, 1993, which time and place are fixed for hearing of matters relating
to such formation and improvements and for determining the method of payment thereof.
Persons desiring to object to the improvements and the formation of the proposed ULID 14
may appear at the hearing to state their views.
All persons desiring to object to the formation of the proposed utility local
improvement district must file their written protests with the Secretary of the Board no
later than ten (10) days following the public hearing. Protests should contain tax lot
numbers or other identifying description.
2. If the owners of at least 40 0 of the area of land within the proposed utility local
improvement district file written protests with the Secretary of the Board, the power of
the Commissioners of the Board to proceed with the creation of the proposed utility
local improvement district shall be divested.
3. The name of the Secretary of the Board is Peter Lewis. The address of the Secretary of
the Board is 7096 Whitehorn Road, Birch Bay, Washington 98230-9675.
4. The names of the- property owners within the proposed utility local improvement
district are kept available for public perusal at the District's office from 8:00 am. to
4:30 p.m., Monday through Friday.
B:,BBWWD1DbRUL-M:rm%19338 l Y
Cam'
The estimated amount of the cost and expense of such improvement to be borne by and
assessed against the described lot, tract or parcel of land of which you are the owner or
reputed owner as shown on the tax rolls of the Whatcom County Assessor is as stated below.
Peter Lewis
Secretary of the Board of Commissioners
Birch Bay Water and Sewer District
Name of Owner
William E & Kerri L. Burch
4232 Bridger Rd
Blaine
WA 98230
Le ai Description of Property
400129 228317
Lot 11, Double R Ranch Plat, Whatcom County, Washington, as per the map thereof recorded
in, Volume 9 of Plats, Page 87 in the Whatcom County Auditor's Office.
Estimated Amount of Assessment Against the Foregoing' Property
General facilities charge = $1497.00
Local facilities charge =
Total =
$11896.50
$13393.50
DEC 15 1993
)A"d,+ atWER ow.
IF THIS NOTICE IS RECEIVED BY SOMEONE OTHER THAN THE OWNER OF THE
HEREIN DESCRIBED PROPERTY, PLEASE FORWARD TO THE OWNER AND
NOTIFY THE SECRETARY OF THE BOARD OF COMMISSIONERS.
(A `. r
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I
:'bbwsdkdblrswr.ttm%19339
yr D-L-K 1 DKI WAXER AND
HELD JANUARY 13, 1994
SEWER DISTRICT
The meeting was called to order by Commissioner Lewis. Other
persons present included Commissioners Montfort and Reichhardt,
Scott Christensen, Pat Sizemore and Pete Visser.
Minutes of the December 16, 1993 meeting were approved as
printed.
There was a general discussion regarding the Double R Ranch
protests received. Pat Sizemore reviewed his recapitulation of
the protests, withdrawal of protests and ownership questions with
the Commissioners. There were some protests which were disallowed
as being too late and some were disallowed because they had
signed no protest agreements. There was a general discussion with
various parties regarding the status of the project. It was
moved, seconded and carried to have Pete Visser contact Bond
Council to determine the validity of the withdrawal of protests
and report back to the Commissioners at the next meeting.
Pete Visser reported that he had heard nothing further from the
attorney for Inca on the records. The Commissioners directed Pat
Sizemore to contact Eastgate Sewer District and see if they are
interested in pursuing this jointly.
Pete Visser advised the Commissioners that there had been no
response from Dixon on the assessment delinquency. Pete Visser
was directed to proceed with a lawsuit to collect the delinquent
assessments. The Ragu ULID. No. 2 delinquency was discussed. The
Commissioners directed Pete Visser to send a delinquency notice
on that assessment.
Pete Visser discussed the Elite Concrete lawsuit with the
Commissioners and advised them that he had entered an appearance
in that matter.
Resolution No. 537 was approved creating ULID No. 15 for the
Holeman Avenue sewer project.
Duane Nelson was present to ask about water and sewer service to
several hundred acres of property on both sides of the Blaine
Road, between the Double R Ranch and the Alderson Road. He will
meet with District staff to go over the details of his proposal.
Scott Christensen reported:
1. The Loomis Trail Developer Extension is almost ready to
start. A pre -construction meeting has been scheduled for 1:00
P.M., Thursday, January 20, 1994. The Utility Companies will
attend starting at 2:00 P.M. The bid opening for the crossings
under California Creek near the intersection of the Loomis Trail
COMMISSIONERS OF BIRCH BAY WATER AND SEWER DISTRICT
HELD JANUARY 27, 1994. 09A13038
The meeting was called to order by Commissioner Lewis. Other
persons present included Commissioners Montfort and Reichhardt,
Pat Sizemore, Scott Christensen, Glenn Golay and Pete Visser.
Minutes of the January 6, 1994 special meeting were approved as
printed.
Minutes of the January 13, 19,94 meeting were presented for
approval but, were not approved because the Commissioners had not
had an opportunity to review them.
Pete Visser reported on the Double R Ranch ULID procedure and
status. He advised the Commissioners that the bonding attorneys
have suggested that a new notice be sent out and that a new
protest period be instituted if the Commissioners want to proceed
with the current ULID process. The Commissioners asked Pete
Visser about the possibility of a new ULID petition and
proceeding completely under the petition method for formation of
the ULID. Attorney Visser advised them that that was an
acceptable alternative. It was moved, seconded and unanimously
passed not to proceed with ULIDs No. 13 and 14 at present. The
Commissioners advised the proponents of the ULIDs that the
Commissioners would be willing to consider a petition for water
and sewer ULIDs from the Double R Ranch area -if a new petition
was presented.
Resolution No. 538 was approved, changing the meeting dates to
the -,second and fourth.Thursdays of each month at 4:30 P.M. at the
District office.
Cellular phone agreements incorporating the State Attorney
General's recommended procedure were signed and authorized by the
Commissioners for five District employees and one Commissioner.
The Commissioners set a special meeting for January 31, 1994 at
4:30 P.M. at the District office to continue budget deliberations
for the 1994 Budget.
Pat Sizemore announced that there
Boundary Review Board and that the
nominees if they so desired. There
this point.
Scott Christensen reported:
was an open position on the
Commissioners could submit
were no nominations made at
1. Waterworks, Inc. was the low bidder at $453,086 plus tax
plus engineering for the California Creek crossing. The Loomis
Trail golf course developers' attorney has been advised that the
developer was being asked to pay for a portion of that but no
reply has been received yet from them. The Commissioners decided
to hold off for now on awarding the bids for that project, but
they will need to be awarded soon so that the bids do not expire.
2. Scott presented easements for the California Creek
crossing. Pat Sizemore was authorized to attempt to get the
owners of the property to sign the easements.
3. Scott presented a preliminary schedule for the time -
frames on ULIDs No. 11, 12 and 15. The schedule calls for
completion in June of 1995. Pete Visser was asked to check on
THE FOLLOWING :ARE NOT COUNTED
REC'D THE FOLLOWING ON 12-23-93; BRENDA DISCOVERED THEM IN
OUR MAILBOX, NOT POSTMARKED, BUT W/S.29 STAMP ON ENVELOPE'
10, W 1/2 David D. Mobley, Sr. 12-23-93
4391 Masterson Rd
Blaine, WA 98230-9797
10, E 1/2 David D. & Terri L. Mobley, Sr. 12-23-93
4391 Masterson Rd
Blaine. WA 98230-9797
THE FOLLOWING PROTESTS WERE REC'D FROM FOLKS WHO RADl
PREVIOUSLY SIGNED "NO PROTESTS" FOR BOTH WATER & SEWER IN �
ORDER TO RECEIVE N1`_aTER SERVICE'.
j 17, N 1 /2
John & Betty_ Kin; l 2-1 1-93
�240 Sprott St V (signed no -protest)
Burnabv BC Canada V5G IT5 (12-1:5-92)
67, W 1/2 Paul Wadsworth
=1 l 1-14881 104th Ave
Surrev BC Canada %*3 R I N16
I
70, W 1/2
David H. & Doreen C. Barrie
204-5055 Imperial St
Burnabv BC Canada V-5J IC9
I2-11-93
(signed no -protest)
(03-30-93)
12-11-93
(signed no -protest)
(04-13-90)
Llov_ d H. & Patricia R. Bunkowski 12-1 1-93
=21-1391 1 70th Ave (new address) (signed no -protest)
Surrev BC Canada V3W 6B4 (08-06-90)
81 Jose A. Jr. & .aurora S. Manzano 12- l 1-93
13 13 6 24th Ave (signed no -protest)
Surrey BC Canada V4A ZG1 (04-13-93)
89 Theodore E. & Carol J. Kostiuk 12-11-93
11 n2 Loughren Dr (signed no -protest)
Surrev BC Canada V3R 4Z3 (0 7-30-90)
/.490 ,:
4F..._ 7MW
This is a copy of Oat lot. owners signed to. get water service.��
Please note that this is for sewer only. This is what Pat
Sizemore and/or the district used to disallow water protest
and try to kill the protest.
AGREEMENT TO FUTURE
UTILITY ZZCAL IMPROVrwENT OISTRIC'?'
WHEREAS,
is the owner of the prooez:,_ situate (hereinafter call. ad "Owner")
Birch Say Water and Sewer Oi�y d wjt?:;n the 5oundar_es of
strict described hereinafter: and
WHEREAS, Owner desires
Property from Birch aav ry �o obtain +a ter serv-;ce to said
Called "Distr?ct"), and ater and Sewer Ois-:ict (hereinafter
se: -rice is
serve said prace=ty; and -lot rlo:: reascr.ably av--ilable to
in Wr:ERE'S. the Oistrict :ishes to assure _^ar as ether proeetty
the area at t^e
e tP. Y desc_ ibpd here'... iz ser-ric is a_ _ av;_'==1e; and de`'p'--ec d, sewnr
r„_OVe^e^?.SDist1nct]:7;t,a`
�l^C a
at some time :2 r ^.52C .., Co:_0-C- Lon
�Jpsc ''e nrcpez _ r _
i.. "liatcdrsf.C:ur.ty:ash-,c-cn and _e �r=mod tc ; err_ 1 _s situa_ed
d5 _ol'1c-3. -5 -or2 ?1rt1CU13r' dP.C...;ibed
-atar a,.a_ ab_i_-s _•+ ^hp _=_ �rPvid� a _ettez at
described 1ter `.rot �_ovi•_a eater~ser•: -ce to the, 7�Cp4rt_r uacrl �aI-ert of alw fees and char;'es sat by =he
ard�'orcthe date -.., Pcn�een a date o: ac ^ _-ztion For. Spr-rice
j%.,n rt of S.7 _d Ede,..
executor; ado,. _st �- Oar et ;cr himseI F
to:s - '1� s hei-
3.i�' �5 • C:
�$>•��^�$ and acr2es to `;:$ � 5=-�Cy Sueceszor5• in interest,
•
teC�es:.Bc 10.1 the 0 t tit..t he Ji _ 1 -rhere jer
3 �.� iCt dc) 5 -
Cnr. �OrS ❑� d.^.V Ot er ^S� C. S�7' �eM,:a noticR
`"1ish:nc the f^."..ation r -,-"t., � 1)Z_"7,
-or^.,the �4rPr5e p� P 3 4- It «C7C13i Ve^Pnt WiSL: Ct
desc: _ ed e_ ❑Jne ••± _ ^ Se ;Pr• 5er7l _..;? 0 tale �^:CS?tt'l
`ein. _ Q� to dctu'Ve
ly p: emote t;tp
SiKAA]SCM, v1S223 :£r00 L pS-�
r4r Ofi1Cc ICI 631
Lr%Ofv. :ASMIrGZ. 1 1 '34C-: 141
1� No L_1�:�- L14r-.
THI3 IS %' PERSONA Ri? LY TO LETTER DATED I3 ch FROM
JI%r AND JOY HUNTER AND GEORGE AND SHIRLEY SARGEANT TO THE
BOARD OF TRUSTEES
IT IS VERY U`NFORTLTrAT THAT SO iL NY MISCNDERS _ A.VDINGS HAVE
OCCUR..2:.D ?.RISING OUT THE THE SETTER AND WATER :IDS. I
PRESL r' IT IS :L-�LkN NATURE TO JLir' TO 3ELIEi ,, LET YOL WANT
TO 'HEAR.
YES, WE DID TRY TO CH,,lNGEV077S - TWE (O:v-rERS :� z0 W��1T SET+JERS
NOT THE 30_-_Z3,) WERE TOLD 317 THE DISTRICT THAT THERE ',SAS A "TURN
AROUNrD PER=OD" Iti W7HICH WE} COLT.D GET OWTNLRS TO =HDRA:i THEIR
r" ?ROTESTS . TN� DID T:iAT . T.•E :WERE TOLD AT THAT TIME THAT WATER
HAD ?aSSED AND Wc. rNFRF. LATER TOLD THAT SINCE = HE OPPOSITION
AD HL-�DE SO %lA_N% THREATS TH' IS WHY BOTH, TAT=R AND SEWER FAILED. AS
T::= 3CND=`iG COMP -ANY DID WITHDRA',W OUR F:NANC:NG .
''ES , .'0`_' ._ '`iTER C.;LL�D �� REG_-RDING HER CONfPL __=NTS AND I TOLD
..-R -0 ;vR= A LETTER . WE WERE CERTAINLY NOT COVERING UP TH E
"i ?= RCNT" COSTS FOR PER`•!=TS , ETC. OF ABOUT S! 30 AS THESE COSTS
:WER= ST_-.TED AT EACH OF THE DE=2ER MEETINGS . AS FAR AS THE
$60" COST TO 3R7NG FROM irfETER TO TRAILER, T:LA. - WAS `ZRELY
,AN -' DICAT 70N SINCE THE OWtir R CAN DO HIS OW�r DIGGING AND HOOK-
t;? . I HAW% NEVER HEARD ANY OWNER SAY THE COS. WO[:LD 3E ONLY
S20 :0 S50.
70 ; ==OSE C?.i�iE?S .=._7 -=C 2AY THE C.
S - ?ER z .'.CR<. 3 I : �r `.OR= CONCUR` =0 : 0?. . 0- US AS TO
:�,'__ _..� CCS^ 3= NOT;_7-:17
-- -= E ST=- C= ;W _SH=�;G-C`i IS rHi�iCL��
X :MOT' KNO;v ;v:...- S:._ `!EA S _ :7R== VC-_ � E AS C.i-\i-. S D=
3E.._.. ... .'.`;0 = CSE G:.=`iS- D=D _ := S_=_'- (H;OT =_S
30.=.=.0 `E�13=RS) .
.:,iFO ._ .:''A =:. f, _-_ HrrS.-JRI'.:� 0. ;v-\__ .Z�iC ;� �iC�
_. E : JS 3'_ O1v17ERS :V-C :"'R`iEJ COW" Z S .
=IO`i .\._`i'_ CO_ TR_�CT'DaL .�GR=:�':� - -S J=C_DF.D
3'. _-Z_ 30. L A.'iD =S Slv:iED 3': -'E ?R3S=DE:iT' a`iD _-E S=CRETARY
NOT_ .
-- _� - 0= ----0 CA i`i0=' 3E �,=5 ^''. _=3 C ,=R `!CHi=-
�r- C^ _ CR 0
3 _ ..=
_ tCC3=C3J W.._`i..=`iG S-E ;V:.5;F-A= S'r.D
7,0 D0. _-_ \.r0:\i73S C: 'I- =ROB! OLD . _ DUZS.
3 _-_=:ti5 CL-_
r..3 ...._'r - -•-- :-C1=O 3'- -• I -. ..I ..-._._ -'__.i -J S=_ ;v..
PAGE 2
BEFORE THE HEAVY RAINS. ALL OWNERS ARE PAYI`iv. . (ACTUA_LY
WHEN JOY CALLED ME SHE GOT MORE EXPLICIT ?C=-\;TING A FINGER
AT ONE OWNER WHO SHE SAID WAS k t ,JAYS LATE TN = T H DUES AND NOW
SHE HAS NEW CULVERTS & GRAVEL - I PRESUXE SHE KNm_'w 'Z O PAID
ON TIME SINCE SHE ASSISTED DEA`1 WITH T'r.E BOCKS) .
LAST, BUT NOT LEAST, BACZ TO THE HUNTER' S FAVORITE Si_31.EC: -
BILLIE SQUIRES ACTING AS -TRE ASURER. SHE IS VERY Ar+JA_RE OF
WHY AND WHEN I TOOK OVER THE J03 OF ISSUING i E CHECKS BESIDES
COLLECTION OF DLcS. WL HAVE BEEN THROUGH T::IS BEFORE W Eli
A PREVIOUS TRUSTEE ME.E LADED AUDIT BECAUSE 0- H _kT HE FELT
WAS NEGLECT IN REPORTING F INANC=AL I.1FOR`f�T70`7 MONTHLY, L\iD
OTHER ERRORS IN ALLOCAT70LN OF F L,iDS . WHEN D HUNTER L- _
TH- BOARD TO `LOVE TO T0R0:iT0 , D0REEN 3ARRIE ` ci.UN, E=R=D TO
TAKE. OVER THE BOOKS AND STRA_GHTE*i OUT THE C0`i5z=DER.=3LE 'IZESS
Tri.-?T THE BOOKS WERE IN. I A-M SURE DOREEN WIL= VOUC = OR THIS
AS SHE REPORTED TO THE BOARD THAT IT TOOK �L-`i'_', :LiV`_' :OURS TO
CORRECT ALL THE ERRORS AND GET THE BOOKS Rr.=_D`: TO GO TO THEE
CPA FOR THE TAX WORK. IT WS 1�20RT NIT THAT C::R T?C{'S 3E DOME
ON THE AS THE PREVIOUS YEAR UNDER THE
WERE FINED $550 FOR LA==. RE?OR='I-,iG Or TAXES. OUR C?-`. GC _ �S
OUT OF THAT FIVE BY TE7 LI`iG __.E _RS T AT I_ ,; `.D �i0=' -_.�: _
IV � v T '?' -r- V. ..'RE.t. :.S R D_D �iG�" ?= `�_... -
I`LpORTAVCE 0. RE PORTI`;G-O:i T=`' I _ _, S
THE BOARD VOTED THAT THE CPA WCL7_D Do T = "-C`;-_: -
% A COST OF S30.00 PER MONTH , 3LT _ DO-LEE'".-LEE'"._:..�i
r`•' ..CO�iTI.ii AS T!ZASURER .�`;D-S.`. T-=-SS rC`i--
?OIVT WHENr-- R=C{ GUZ--E CCII`iED 3C'.-J - •-- ^r,-_
... J V
.- 3-. _ iDED I TL'R_`i _ BOOKS 0' __ -0 D -
- 0`7 VACA770N FOR iWO ;vEEtS AND - �.T:R:;-_D DC3, ZZr
3ACK AND S.=.ID TO 1EE? I G
L
OUT SO:2 CO`;TROLS . _-:.T WE A_RE I`; Z RT
-Oi ?= o. T::I`it _ ._..•r ST_A_'C. •J-
l. ^ .. • J .... _ r _ . _ �. .
iR0U`iD _._E 3US'r..
To'r-L\i-E� f�C= 0�.=--
LI'\1DA STE?'.-;E`iS IS RL���iI�iG A DAY C. I Gam-__ C===rSD :;c=
TO PURSE= THAT, BUT :'OP. _--= R CCI�, LI:iJ.-. CA_ __ FCR
AND ..AS G ._ZD=ANS=? 0.7 ONE
3.b
104
Kelly Campbell (taxpayer)
12-11-93
416-9400 128th St
Surrey BC Canada V3V 5W4
- 4246 Cody Rd
Blaine, WA 98230
a
RECEIVED NOTICE OF WITHDRAWAL OF PROTEST!!
7, W 1/2
Cosimo & Maria G. Scali
12-1 l -93
1962 E 49th Ave
Vancouver BC Canada VIP 1T3
01-13-94
9, W 1/2
Tim B. Breden
12-20-93
19869 28th Ave
Langley BC Canada V3 A 4P5
01-13-94
r
9, E 1/2
Tim B. Breden
12-20-93
19869 28th Ave
r
Langlev BC Canada V3A 4P5
01-13-94
11A
Par Mac Bav Inc.
12-10-93
361 NE Guilman Blvd -r"rE
j
Issaquah, WA 98027
01-13-94
11 B
Par vtac Bav Inc.
l 2-10-93
361 v-E Guilman Blvd =E
Issaquah. WA 98027
01-13-94
32, N 1/2
Gilbert & Angela M. Holloway
12-1 1-93 i
7909 Carson Rd
Blaine, WA 98230
01-03-94
39
Gerry F. & Leona Marsolais
12-1 1-93
7816 Carson Rd
Blaine, WA 98230
12-23-93
84A
Par Mac Bav Inc.
12-10-93
361 NE Guilman Blvd 4E
Issaquah, WA 98027
01-13-94
84B
Par Mac Bav Inc.
1 ^_-10-93
361 N-E Guilman Blvd =E
Issaquah, WA 98027
01-13-94
10
9A_60.030 WASB3NGTON CRUaNAL CODE
9A_60.030. Obtaining a signature by deception or duress
(1) A person is guilty of obtaining a signature by deception or
duress if by deception or duress and with intent to defraud or
deprive he causes another person to sign or execute a written
instrument.
(2) Obtaining a signature by deception or duress is a class C
felony.
Enacted by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.60.030. Amended by
Laws 1975-76, 2nd Ex.Sess., ch. 38, § 14, eff. July 1, 1976.
Historical Note
Laws 1975--76, ?nd Ex.Sess., ch. 38. Laws 1911. ch. 46, § 1.
§ 14, inserted "or duress" in subsec. (2). Laws 1937, ch. 78, § 1.
£ffecttve date-SNverability-Laws RRS §§ 2617. 2619, 2673, 2674. 2696-
1975-76. 2nd Ex.Sess.. ch. 38: See His- 2, 2696-4.
:ortcal Notes following § 9A.08.020. Former §§ 9.37.010 to 9.37.060.
Source_
Laws 1909, ch. 249. §§ 365. 367, 421,
422.
Library References
False Pretenses o 1 et seq. and elements, see Wash.Prac. vol.
CJ.S. False Pretenses § 1 et seq. 11, NVPIC 130.05, 130.06.
Jury instructions, obtaining signature
by deception or duress. definition
9A.60.040. Criminal impersonation
(1) A person is-gttilty of criminal impersonation if he:
(a) Assumes a false identity and does an act in his assumed
=laracter with intent to defraud another or for an_v other unlawful
purpose; or
(b) Pretends to be a representative of some person or organiza-
ion or a public servant and does an act in his pretended capacity
vith intent to defraud another or for any other unlawful purpose.
(2) Criminal impersonation is a gross misdemeanor.
;nae:ed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.60.040.
Historical 'Vote
lourcc Laws 1937. ch- 78. § 1.
Laws 1909. ch. 249. §§ 363 to 365, 421. RRS §§ 2615 to 2617, 2673, 2674.
422 2696-2. 2696-4.
Former §§ 934.010. 9-34.020. 937.010.
Laws 1911. ch. 46, § 1. 937.030 to 9.37.060.
Crows References
ssumtttb to be attorney or officer of court. see §§ 7-20.010(6), 9.23.010(8).
�.gtncer or land surveyor, practci.ag illegally as, see § I&43.120.
376
FRAUD
Liquor permit, procuring by false pretenses. sc
Military insignia, unlawful wearing, see § .38.-
optometry, using false license, see §§ 1853.14
osteopathy, unlawful practices, see § 18.57.16(
Pharmacy, using false license. see § 18.64.250.
Registered nurses, using false diploma, etc, se
Substitution of child, see § 9.45.020.
Veterinarians, filing false license, see §§ 13.9-2
Library Refer
False Personation al, 2. c
False Pretenses (9- I et seq. C
9A.60.050. False certification
(1) A person is guilty of false cer-
authorized to take a proof or ackn(
which by law may be recorded, he k
the execution of such instrument .vz
thereto or that the execution thereof
(2) False certification is a across m
Enacted by Laws 1975. 1st Ex.Sess., ch
Laws 1975-76, 2nd Ex.Sess., ch. 38, § 15.
Historical \
Laws 1975-76, 2nd Ex.Sess.. ch. 38.
§ 13, substituted "A" for "Any" in subsec.
(1)•
Effective date-Severabill ty-Laws 1
1975-76, 2nd Ex.Sess., ch. 38: See His-
torical Notes following § 9A.08.020.
Source:
Laws 1854, p. 93, § 87.
Forgery -7(5).
CJS. Forgery § 26 et seq.
Library Refer
Notes of Deci
1. Notaries public prc
Person's notarization outside presence Th
of those whose signatures he is notariz- W.
ing falls within conduct proscribed by
LAW OFFICES
JOHN C. BELCHER
JACK 0-SWANSON
CHESTER T. LACKEY
JAMES H. DORAN
TERRANCE G. LEWIS
June 23, 1994
BELCHER, SWANSON, LACKEY, DORAN 6 LEWIS
103 EAST HOLLY STREET, SUITE 4.01
BELLINGHAM, WASHINGTON 98225
a
Commissioners
Birch Bav Water and Sewer District
7096 Point Whitehorn Road
Blaine, WA 98230
RE: FORMATION OF ULID 94-A AND 94-1
Dear Commissioners:
TELEPHONES
(206) 734-6390
(206) 398-1146
FAX (206) 671-0753
We have written to you earlier expressing the concerns of many of
the residents of Double R Ranch relating to the formation of ULID
94-A and 94-1. These two ULID's are being formed by the petition
method. Our earlier concerns related principally to the manner
in which signatures were obtained on the petitions and the
resulting legality of the entire ULID formation process. At your
meeting of June 23, 1994, you will be holding your hearing on the
formation of these two ULID's and we urge you to reconsider the
issues raised in our earlier letter.
There are two other issues of a legal nature which we would have
you consider before reaching a final decision on whether or not
to go forward with the two ULID's.
The authority of the District to impose assessments is based upon
the presumption that the properties assessed will receive some -
special benefit as a result of the improvement. The amount of
the special benefit accruing to the property located within a
local improvement district is the difference between the fair
market value of the property before and after the improvement.
The property located within a local improvement district (this
includes ULID's) is not subject to an assessment unless it is
specifical lv benefitted by the improvement. Another way of
stating this rule is that the fair market value of the properties
assessed must at least be increased by the amount of the
assessment against each of those properties.
This issue more often arises at the time the District asks for
confirmation of the final assessment role. That normally occurs
after the improvement is in the ground and all the costs are
determined. If properties do not receive sufficient special
benefits, then the law requires that the District reduce the
BELCHER. SWANSON, LACKEY. DORAN & LEWIS
Commissioners
Birch Bay Water and Sewer District
' June 23, 1994
Page 2
assessments against those properties until the assessment equals
the increase in fair market value which the properties obtained
from the improvement. The 'difference between that special
benefit and the amount of the assessment represents funds which
the District must recover from other sources other than
assessments such as operating revenues.
It is our understanding that many of the properties in Double R
Ranch will not be substantially benefitted by the two ULID's.
Many of the property owners have obtained the services of an
appraiser who will be making that presentation to you at the
hearing. The relevance of this presentation is that these
properties will not be responsible for the substantial portion of
the assessment levied against them causing the District to pick
up the tab. Is this in the District's benefit? Is it in the
public interest? As commissioners, you may want to fully
consider this problem before authorizing approval of the two
ULID's in question.
A second collateral issue also needs your consideration. We
understand that some of the properties which signed the petitions
in support of the ULID's may well have no value because of
constraints on development such as wetlands. 'If that be the
case, then the owners of those properties have little incentive
to pay their ULID assessments. It is sort of paying good money
after bad. They have land which is valueless. Providing water
and sewer to valueless land does not increase its value. A
default then occurs. We suppose that defaults on assessments are
not an uncommon situation for the District. It must be
remembered, however, that the land and its inherent value is the
source of payment of the assessments and, in turn, repayment of
the bonds. If the land is valueless to the owner, it is
certainly valueless to the District as well. This means that a
foreclosure for unpaid assessments will not yield an asset
capable of being resold to cover the indebtedness attributable to
it. once again, the District will be required to pay its
bondholders whether or not the assessments are paid and whether
or not the foreclosed upon land subject to the assessment is able
to be resold.
If there is a great deal of undevelopable land or if the
assessments against it are especially high, financial difficulty
created by these defaults could be large. As commissioners,
before approving the ULID's, this problem must be taken into
consideration.
We are advised that there are at least four lots with assessments
in the $!5,000 per lot range which may well fall into this
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ESTIMATED CLOSING STATEMENT
BUYER
MICHAEL J. MURPHY
ROBERT D. PETRIE
MARY E. PETRIE ,
2412 Dean Ave.
Bellingham, WA 98225
Property:
Parcel No. 400129-094071-0000, Blaine, WA 98230
CONSIDERATION:
Total Consideration
DEPOSITS:
Deposit
By: MICHAEL J. MURPHY
EXISTING & NEW LOANS:
Principal Balance - John M. Homenchuk and Marion
M. Homenchuk
Principal Balance - AUGUSTO G. SYJUCO
AURORA L. SYJUCO
PRORATIONS:
County Taxes at $598.39 per year ESTIMATED
From 03/01/93 to 07/01/93
DISBURSEMENTS:
Accounting Fee
Paid Tot SHELMAR ACCOUNTING
TITLE CHARGES:
Record statutory Warranty Deed
Record Trust Deed
ESCROW FEES:
.escrow Fees
;ales Tax
lalance Due Escrow
Totals
Estimated Closing Date:
March 1, 1993
Escrow No. 1840
Page 1
DEBITS
125,000.00
200.01
30.00
9.00
8.00
295.00
23.01
125,565.02
OTICE: This estimated closing statement is subject to changes, corrections or
additions at the time of final computation of closi escrow statement.
MI�HAEIj JM muKq•l ROB$R D. PETRIE
1 f 7L—
MARY E. PETRIE
fa `b
CREDITS
1,000.00
14,232.16
84,000.00
26,332.86
125,565.02
BELCHER. SWANSON, LACKEY, DORAN 6 LEWIS
r
Commissioners
Birch Bay Water and Sewer District
June 23, 1994
Page 3
category. This could result in a $60,000 default on the
assessments, valueless collateral, and create a situation where
the District would have to repay the.bond payments and interest
represented by those assessments.
The petitions submitted for these improvements met the statutory
requirement of 51% by only a 1e or 2%. In light of all the
allegations relating to misconduct and the lack of special
benefit to many of the properties we have to wonder if these two
ULID's are really a good idea. We know that when other
jurisdictions are faced with such limited support for their
ULID's that they rarely proceed with them. The risks of default
and problems are simply too great.
On behalf of our many clients at Double R Ranch, we request that
you use your discretion and decline to go forward with the ULID's
proposed by the petitioners.
Thank you for your consideration.
Sincerely yours,
JA K O. SWANSON
JOS:nff
Y.
Windermere
Real Estate
Birch Bay
BAY STAR
A LIMITED PARTNERSHIP
Presented By: PETER LEWIS
STEPHEN NELSON, C.P.A
lindermere Real Estate/Birch Bay, Inc. E .Fz _, - ;/,asn ,,; c, 96230 206 ,3'1 '222 lb. :J
LOCATION (continued)
for the wide variety of uses allowed under the commercial . zonin9 Y Directl south
of the property, a sewer system is being installed. Ultimately, the availability of
this utility will allow the development of this property to a different use that will
provide a greater return for the investor, when market conditions allow. The site
could accommodate up to 70 apartment units, which would make the land cost
per unit about $3,600 - a very reasonable amount H
TERMS
The partnership has rights to purchase this parcel at a very favorable price
with owner financing. The purchase price is $260,000, with $60,000 down and
monthly payments of $2,671. The loan would be paid off in ten years.
ADVANTAGES
The Bay Star limited partnership is designed to allow ten units to be
purchased by the limited partners; initial investment is $8,000, and an additional
investment of $7,000 when required for development. In order to make the
monthly contract payment, each investor will make a $350 monthly payment, until
cash flows are sufficient to reduce or eliminate this payment. This sized
investment, when coupled with professional management, allows an investor to
participate in a well designed investment program without having to commit large
amounts.
The partnership is purchasing this parcel for $1.52 per square foot, well
under the area of $1.81 per foot asked for on other parcels in the vicinity.
The entire project will be under local guidance and control. The organizers
are Mr. Stephen Nelson and Mr. Peter Lewis, who will be the general partners. In
that capacity they will be responsible for the development and operation of the
business and management of the partnership.
Windermere
Real Estate
'
B!rc ;h Ba\
l9
3O
N
j SITE �
AN CHOk I%JANoR_ (PRoPoSEd
!9. 2. A ma's 5-0 40 7-S
Sl*G4E =AM/LY 1400S/NG
FAVT7.'7:9 7� 7TT.1
J
0
�
y
i
l
SITE
8.10
0
� �1
'•rM�,i/
Iil
I
S
1
i3r DOUBLE
x -A �a
o.
110
I'vVindermere Real Estate/Birch Bay. Inc.
COMMON ! AREA
12.731.4 12 73-A
6 5