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HomeMy WebLinkAbout1995 - Birch Bay Water and Sewer District Peter Lewis Position DRECEIVED SHIRLEY FORSLOF WHATCOM COUNTY AUDITOR 1 MAY 1 1 1995 2 e E 7 8 9 10 11 12 13 14. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RLLD IN OPEN CO R, - 5 1s WhATCCIVi COUNTY CLERK By Deputy — Lb- - LTUEAV ERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF WHATCOM IN RE: } } THE RECALL OF PETER LEWIS, } NO. 95-2-00520;,�K 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. A7— IT IS FURTHER ORDERED that statutory attorneys' fees argl�warded i against WILLIAM E. BURCH, Petition �X. erein in favor of Respondent herein. DONE IN OPEN COURT this-- day of� 1995r Presented by: SIMONARS , ZENDER TI1 I A ?R, WSBA#3175 issioner WILLIAM E. BURCH, Petitioner 4324 Bridger Road Blaine, WA 98230 ORDER - Page 1 f.\pete\bbwd\recall.ord T C� ►T�:7 Q CD Im �— SIMONARSON, VISSER, ZENDER & THURSTON P.O. BOX 631 LYNDEN, WA 98264 (360) 354-4494 632 �1 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 Peter Lewis _ 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 Shirley Forslof from William E. Burch; Demand for Recall of Birch Bay Water Di strict ommissioner Fe—Eewis and Attachments ther—efoF on the 17th day of March 1995 for service upon the defendant Peter Lewis named therein: that I served same on thel7th day 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 Peter Lewis 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 CORPORATION, BUSINESS, OTHER. GARNISHMENT: SHERIFF'S FEES: Service $ Travel $ TOTAL $ 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 On said (Name of Organization) by delivering to and leaving with the (Position) a copy of said On said (Name of Person) of said (Type of Organization) above mentioned documents (Garnishee Defendant by delivering to and leaving with the of said (Name of Person) (Position) (Type of Organization) at its office at (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 20th day of March 1995 DALE BRANDLAND, Sheriff Whatcom County +. By pw��- '0' Merlin Solvang Deputy �WHAICOM COUNTY AUDITop 1995 L IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR WHATCOM COUNTY IN RE: ) No. ® 0520 5 THE RECALL OF PETER LEWIS, ) COMMISSIONER OF BIRCH BAY ) PETITION TO APPROVE WATER DISTRICT ) SYNOPSIS AND TO DETERMINE SUFFICIENCY OF CHARGES 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 Peter Lewis 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, RANDALL J. W T W5B # 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 Peter Lewis 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 Lewis has refused t:o 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 Lewis 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 area within the ULID. In this new Petition four undevelopable lots were included to shift the percentages. Commissioner Peter Lewis 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. These acts were done to allow Commissioner Lewis to gain personally in that he is in a partnership marketing property although outside of the boundaries of the ULID will be directly benefited by this installation. 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 Peter Lewis. In addition, I certify that I am transmitting with this synopsis a true document of the charges which have been laid against Peter Lewis demanding his recall. Said certification is made in accordance with R.C.W. 29.82.021. DATED this 650 of -Certificate of Synopsis- , 1995. ANDALL J . A S 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 y 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 04VI 1 rrv.Y l-19 David S. Mc Eachraneat�ou pryi C Whatcom County Prosecuting Attorney 9hni� Whatcom County Courthouse Bellingham, WA 98225 RE: Demand for Recall of Birch Bay Water District Commissioner Peter Lewis 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 Peter Lewis filed by William E. Burch of 4324 Bridger Road, Blaine, WA 98230. Shirley Fors f Whatcom 6ounty 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 A aw "W cr s V Xur AV &41RM FORS10F . WMTCOM COUl M AMM24 Under the provisions of Sections 33 and 34, Article 1 of the Constitution of the State of Washington and as provided for in RCW 29.82 I, William E. Burch a'.... 1 S 1995 registered voter, demand the recall and discharge of (Peter Lewis,Commissigne-r of Birch Bay Water District. My charges against Mr. Lewis are malfeasance, misfeasance, and nonfeasd6db :=%-----�-r ��-•----�- Commissioner Lewis 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 Lewis 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 Lewis 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 Lewis did assist in the obtaining of signatures on anew 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 - 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 Lewis 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. Thesa lots were purchased by the proponents of the ULIDs to get the tally over the requiT ed 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 Lewis. Commissioner Lewis 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 Lewis 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 Lewis Stands to gain substantialy by forcing the Double R Ranch into an overinflated ULID package. He 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. 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 NOTICE OF ADOPTION OF RESOLUTION OF 114TENTION TO CREATE AND NOTICE OF BEARING ON CREATION OF UTILITY LOCAL RilPROVEMENT DISTRICT - U.L.I.D. NO. 13 i 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 aie 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. 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. ?. 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. b: • bba•sdtdbiriw•r. irm 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 Asse or 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 .:lhe: Rd Blaine WA 98230 Lezal Description of Prot)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 1993 Local facilities charge $7738.50 ..-,Ay YATEH & 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. IJ -Zh �:•.bp�w�s�trr.•r.:rm•a 9i3a cl ? 1P ra r"-r 01 NOTICE OF ADOPTION OF RESOLUTION OF INTENTION TO CREATE AND NOTICE OF HEARING ON CREATION OF UT ury LOCAL MOROVEIIIENT 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, 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 o 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 Iona' 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 the 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 Bav, 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. J B:'.BB%V%17)'DhRULM.:m r: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 Legal Description of Prope_rty 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 _ IFIVLD General facilities charge = $1497.00 Local facilities charge $11896.50 Total = $13393.50 DEC 15 i993 ""i LZ QEWER DIST. 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. iNC? T• ►�- ,.� r� l 5 ;� ra 1 S?'�-� A) uofZ or,- tAr_ r A 1Yi � � r �V ,y �„� �C/ r .,:t�., Zr . 4:c.:.� �.::-y t'.r} � o r �� Z ADC✓� ��'��`'- r( �( S:•bbwsd`.db1 swr.:rm,19339 THIS IS .iY PERSoLN :.. Rr.?I.Y TO LETTER DAT.'D Fr3R::A-R'_ I3cz FROM -,. JI.! AND JOY HLNTER AND GEORGE AND SHIRLEY S?RGE_ANT TO THE 3- �- BOARD OF TRUSTEES IT IS VERY UN_i FORTU A_ E THAT SO L,f, 'Jv �!ISUNDERS:_LNDINGS HAVE OCCURRED ARISING OUT T=E ME SE TrJER AND 'WATER :.LIDS. L P R S L .�: IT IS :L?Lf � ATURE TO JMM? TO 3 EL IF �i � :v _AT YO C WAL TO FEAR. : 5 `rEa,. `"L D .D. TRY Ta. c.:�!iGE,vvTyS T9E.. (0Tr1iERS ;..i0 WASE19E_ RS NOT=" i ,: BO1M) -'4-RE--.TOLD BTr-. T;: E" DISTRICT THAT THERE r, AS• "TURN . �ROMM PER=OD':' IN: WHICH: 'WE. COULD GET OWNERS TO WITHD V-4 THEIR ?ROi_STS WED *D-T:i T.•'=-'. T� :JcRE'" TOLD AT THAT TI:� THAT 'STATER - raj ?ASSED AND T�L THERE LATER TOLD THAT SINCE _::E OP?OSITION HAD _rADE SO %,L•\-titi THREATS rHA IS WHY BOTH tn1371=R AND SEWER FATLED. 1S x•. •i- .__- 30NDT` G COMfDAVY DID T.JIi'�DR_A'ni OUR F=�iA�iCl`iG . 'OY HUNTER C "' ' = D �: REGARDING c ER COi!v—_-NiS AND I TOLD =0 WR:=- A LETTER. THE WERE CERTAINLY NOT COVERING UP THE- ";:: "i,:?,RCN." COSTS r'OR PERMIT'S, ETC. OF ABOUT $L30 AS THESE COSTS - .dER= STATED AT EACH OF THE DECE:BER ► EETINGS. AS FAR AS THE S000 COST TO BRING FROG! XiE r'R TO TRAILER, M A= WAS `+=.'RELY A:ti ::dDICA=:OV SI�iCE T:-i= OWticR CAN DO ::_S OWN D=GGING AND !TOOK- L'? • - r %T :. . Vz.R H- R,D ANC_' OWNER SAY T E COS = TNOi.ZD 3E ONLY $20 =0 S30. :_'r CONCER:--ED =03, = 0S CA_`iY-0= :.=-ORD7 :C ?AY THE ?=R `r0. Z :.CR=, 3 �.OR=CONCER�:0 ` 0= US AS TO 0:COS- L, 3- `SC. .EGNIS IN CLT,—_v::: X _ JG :10-' t_•U.Y :v .-._ ..- B _ _ FREE VOTE. E AS C'.-NERS D_D _ :7 =E :Y. :.`:D _ CS= :.`A:`:S- D=D _: S:_T= (NOT AS 30.1.2.3. _`rGR.=._OR=:=r 0- _ - YO _=3 �; _.. _: = S:E 0: AS :'c=S' -_- O- 05-_CN 3- _- OWNERS :v :C _..R`I�J r-'CrY.', _- _ -:DS . :`T::S D=CTDEDOR ` z. 3. 30: A:iD :S SIC,:.i::D BY THE ? R=S:=-7 A" D THE SE'RETARY AFTE-31.. 3C: 3D VOTE. OR -:.-.. Z LACK C' BY _: = 30A :�"iD ? SSED 3: _ := 3G.. D Jl �RCCE=�-_D =-: ?:..��7 , T..:_`_K:NG S = S .n.O:::C- : _S = :+ .A. SrE :v:.S _ -• 1 -= — ern -- • •.r. _ X OL. , .• _ .`:0 = DL S . Afir.=.::. _G _ _ :SS __ :iS . _ 7 ' _ Z . __::v.::C�=:_-:A::C:::G n O::R 3-_-_-_:yS C:.=: __ _17=7____-__ .,:DER AR::CL � -•--Z S-- --�� - -= -•- - = =- _=R:•!:: = _=_3 CC:.�., .:C = CC:•r= U? :: _ _.. CAS :. 3 _7 =r. 3= DONZ tiT}� BEFORE THE HEAVY RAINS . ALL OW -HERS ARE PAY=` (ACTUALLY WFaN JOY CALLED :E SH". GOT iIORE F.:CPLICIT PCI!i=T_VG A = i!iGER AT ONE OWNER WHO SHE SAID WAS ArWAYS LATE TN:i DUES A -ND NOW SHE HAS NEW CULVERTS & GRAVEL - I PRE SLME SHE K!IEN• rN 0 PA--D ON TI_E SINCE SHE ASSISTED DEAN! Wi 7 TcE BOCKS) . LT NOT LEAST, BACK TO THE ri..N, —R' S LAST, BFAVORITE SL3,:ECi . - : -„ B ILLIE.. SQUIRES ACTING AS -TREASURER. SH IS 'V7RY ,:.. WHYANDL-WH EY I TOOK OVER THE JOB OF ISSLIVG.M.:; CHECKS BESIDES. ' - - COLLECTIOy OF DUES. WE HAVE B==. THROUG'ri T::IS BEFORE T :Eli Ar PREVIOUS TRUSTEE DE`'LLVBED AUDIT BECAUSE 0= h T i?? r_L-- ' WAS NEGLECT IN REPORTING FINA_NC=AL !NFOELHLATIO`i MONT:jT V, i'Q D OTHER- ERRORS IN ALLOCATION OF F L,iDS . W::E!i D=: `; I:L�:iTE3 r T- BOA-R- TO .IOVE TO TORO:iTO , DOR EEN BARR=-- VCLL-i TEER==0 TAKE OVER THE BOOKS AND STRAIGH—i=- i OUT T::E C0`iS=DER.=-BLE !'.=JS THAT THE BOOKS WERE IN. I AM`I SURE DOREEN W=L L VOUC:: F OR IS AS SHE REPORTED, TO THE BOARD T::AT . IT TOOK �L�!i i , ;L�.VY EO :RS TO CORRECT ALL THE ERRORS AND GET THE BOOKS RE_-D'= TO GO TO M i E CF:i FOR T::E TAX TNORK. IT WAS-.[?ORTA:iT THAT C::R TAXES 3E DONE ON TIME AS THE PREVIOUS YEAR Lti'DER 7-HT-.`r' SA - ASCR=.R, :iE WERE FINED $550 FOR LA= E R-ZPOR77YG OF TAXES. OUR CPA G07 77S OUT OF THAT- FIVE BY _rT LI`+G IRS THAT I_ =.7 NOT AGA:!i MD %_AT `L�Y3E T==. CANADI:.`i -RE:.SURER CID NO I`I-PORTAVCE OF RE?ORTI`iG O:i I_ WAS :3C-- 7RIS T BOARD VOTED THAT T r C?A O "D DO I. E {:5 A COST OF S50.00 PER MON-7- , 3LT _ : DOREEN, -:C= `i=Et?=.D =0 CO!i7TNU=- AS TREASURER AND ..SA��- _: E SSJ. . -: :•f.G`i-::. A- -..- J :. POINT WHEN R=CK GUZDI_ CO:TL.--:i=D :3C:._ :•r= 3C= .: z D=ILAMDED I TU3_`i 30OKS 01,=; :0 i.C:.=_N -.:;D _ D:- A - ON VACA: _Oyi FOR —r;O WEEKS AND N: E`i : DOR "; G : ----=-.r RAC{ A�iD S:.ID :0 --- i = 3=l yE=:; , , G O- �_ - SO :;0?=-=D OU- SO►r=. CO`;=ROLS :.= WERI.`; AE CC_;'I`i:.0 TOi. ?70:-.. .''.L it _ :_'r S-EA..:,G. %--- :.: SO iROUIiD 3::SH. 0T;-=_ 1E ...?...ONE r0'1 _U\i'.`R ;r�C= 0`�- ..0 ` :- —� . - - - LINDA ST=?�E`iS IS RrNNING A DAY C.�.?3.. I CLES� S �E_Ir=D :;CT TO ?URSUZ L AT, BL-T FOR _-_ RECORD. i.--- Da CA-= .0 AND ::AS 0: ONE _EE:i '.GER. ^ 'r GAO 104 Kelly Campbell (taxpayer) 12-11-93 16-9400 128th St Surrey BC Canada V3V 5W4 - 4246 Cody Rd Blaine, WA 98230 RECEIVED NOTICE OF WITHDRAWAL OF PROTEST'.! 7, W .1/2 Cosimo & Maria G. Scali 12-11-93 1962 E 49th Ave Vancouver BC Canada V-;P 1T3 01-13-94 9, W 1/2 Tim B. Breden 12-20-93 19869 28th Ave Langley BC Canada V3A 4P5 01-13-94 9, E 1/2 Tim B. Breden 1'_-20-93 19869 -Sth Ave Langley BC Canada V3A 4P5 01-13-94 1 lA Par Mac Bav Inc. 12-10-93 361 NE Guilman Blvd TE , Issaquah, WA 98027 01-13-94 11B Par Mac Bav Inc. 12-10-93 361 \-E Guilman Blvd =E Issaquah. WA 98027 01-13-94 32, N 112 Gilbert & .Angela M. Holloway 12-1 1-93 7909 Carson Rd Blaine, WA 98230 01-03-94 -- 39 Gerry F. & Leona viarsolais 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 TE Issaquah WA 98027 01-13-94 84B Par Mac Bav Inc. 12-10-93 361 NE GuiIman Blvd 'E Issaquah. WA 98027 01-13-94 r.. r,,, „. , - 9A_60.030 WASHINGTON CRINMAL 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. cnaeted by Laws 1973, 1st Ex.Sess.. ch. 260. § 9A.60.030. Amended by Laws 1973-76, 2nd Ex.Sess., ch. 38. § 14, eff. Julv 1, 1976. Historical Mote Laws 1975-76. =nd Ex.Sess.. ch. 38. Laws 1911. eh. 46. § 1. 3 14, inserted "or duress" in subset. (2). Laws 1937. ch. 78, § 1. Effective date-Severablllty-Laws RRS §§ 2617. 2619, 2673, 2674. 2696- 1975-76. 2nd ExSess., ch. 38: Sec His- 2. 2696-4. .ortcal Notes following § 9A.08.020. Former §§ 9.37.010 to 9.37.060. Source: Laws 1909. ch. =49. §§ 365. 367. 421. 421 Library References False Pretenses o l ct seq. ' and elements. see Wash.Prac. vol. C.J.S. False Pretenses § 1 et seq. 11. W PIC I30.05. 130.06. Jury instructions. obtaining signature by deception or duress. definition 9 A.60.040. Criminal impersonation (1) A person i.9-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 an_v other unlawful ?urposc: or (b) Pretends to be a representative of some person or organ--1- 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. _naeted by Laws 1975, 1st FxSess., ch. 260, § 9A.60.040. Historical Note wurce: Laws 1937. eh. 78. § 1. RRS H.2615 to 2617. 2673, 2673. Laws 1909. ch. 249. §§ 363 to 365, 421. 2696-2. 2696-4. 47' Former §§ 934.010. 934.020. 937.010. Laws 1911. ch. 46. § i, 937.030 to 937.060. Cross References ssumtt>a to be attorney or officer of court. see §§ 730.010(6). 9=.010(8). ;.gineer or !and surveyor, practctng illegally as, see § 18.43.120. 376 FRAUD Liquor permit. procuring by false pretenses. sc Military insignia. unlawful wearing. see § _38.- optometry, using false license, see §§ 18a3.1= Osteopathy. unlawful practices, see § 18.57.16t Pharmacy, using false license. see § 18.64?50. Registered nurses, using false diploma, etc., se Substitution of child. see § 9.45.020. Veterinarians. filing false license, see §§ 18.9: Library Refer r :1se Personation a 1. 2. t False Pretenses amI 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 s the execution of such instrument ova thereto or that the execution thereof (2) False certification is a gross m: Enacted by Laws 1975. 1st Ex.Sess.. ch. Laws 197=176.2nd Ex.Sess.. ch. 38. § 13. Historical N Laws 197= -76. 2nd Ex.Sess., ch. 38. § 15. substituted "A" for ".anv" in subset. M. [ Effective date-Severibillty-Laws 1 1975-76, 2nd ExSess_, ch. 38: See His- 1 toncal Motes following § 9A.08.020. c Source: Laws 1854. p. 85. § 37. Forget -7(5). CJS. Forgery § 26 et seq. Library Refer: Motes of Decl 1. NotaAes public pre Person's notar=tion outside presence Th: of those whose signatures he is notam- %V-- ing falls within conduct proscnbcd by ..R MINUTES OF THE BOARD OF y 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 ✓✓aua�✓✓�.+.. a+aW V1' yil\v.. Lni �. Cil L1\ �\L\✓ \J iJf\Ll\ ✓iL/ 11\i �..i 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, 1a94 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 4 — ; -- 4.-- -1�n c:- ,l ­_^n--n----r..l` "" r`• 1, 3 PA 1"T tJ 9S 3 THE FOLLOWING ARE NOT COUNTED REC'D THE FOLLOWING ON 12-23-93; BRENDA DISCOVERED THEM IN OUR MAILBOX, NOT POSTMARKED, BUT W/5.29 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 Da,,id D. & Terri L. Mobley, Sr. l2'-_3-93 4391 Masterson Rd Blaine. WA 98230-9797 THE FOLLOWING PROTESTS WERE REC'D FROM FOLKS WHO FLAD PREVIOUSLY SIGNED "NO PROTESTS" FOR BOTH WATER & SEWER IN ORDER TO RECEIVE WATER SERVICE'. 17, N 1/2 John & Betty King, 1 % l 1-93 =40 Sprott St v (signed no -protest) Burnabv BC Canada V-';G 1T5 (12-15-92) 67, W 1/2 Paul Wadsworth 1=-1 1-93 =l 1 I-14881 104th Ave (signed no -protest) Surrev BC Canada %'3R 1%,16 (03-30-93) j 69 David H. & Doreen C. Barrie 1 21-1 1-93 =04-�0��; Imperial St (signed no -protest) Burnabv BC Canada V--;J iC9 (04-13-90) 70, W 1/2 Llovd H. & Patricia R. Bunkowski 12-1 1-93 '_1-13911 70th Ave (new address) (signed no -protest) Surrev BC Canada V3W oB4 (08-06-90) 81 Jose A. Jr. & .-aurora S. Manzano 12-11-93 13136 24th Ave (signed no -protest) Surrey BC Canada V4A =G1 (04-13-93) 89 Theodore E. & Carol J. Kostiuk 1 2-11-93 11282 LouQhren Dr (signed no -protest) Surrev BC Canada %'3R 4Z3 (07-30-90) /.490 , cc._ 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. AGREEMENT TO FUTIUR : UTILITY LOCAL IMPROVF, %EN•r DISTRIC* WHEREAS, �'I!r ��,'Alis the owner of t(hereinnafter called "Owner"} 3irch 3av Water and sewer pE:`Y situated within the Boundaries of District described the and •"td=?=AS. Omer des°res to obtai Prcoerty iron, 3irch n water serJice to said called "Dist;_ct"); a d v water and' Sewer Dist-ict (hereinaftr S, sewer ser:•e�rsaid �proce rtv: ardl'cle is nct now �eascnably availab?e to t~e D;stre 1SLes t .n the area, o: t to assure ^a, as arch r i� ?,ope=ty des..;bed e prcee-tY se^ ice is `de aft--=b-e. and he>>_. .:s dev8?oopd. seuC!r ant'_ciceteti t,a- a __ at-sore-e_,eoist- for _ ��w.la,c a s�:ase .. `_aLt J '2 - --S cv� :ors M. sl Co :ash_. n and tua ta_ed as. falwcrs', j.�,^�� ^y c is:nodecc_:Sed r . ��C3rYa':mo t :,_ 'a�p.- ^�^ J� 3�_-C- -! _ �rovide a letter OE desc-__'Jed 'hez-2 _ 4' �a�2r ser District' s - , _.t:cc j Pa: `e:4t of all fees and char^,esh sp't by the' eso_tt any the date Y e' ars~.'o= the date c` �,�� cf ag�L i^Zt-on for ^. P_r'r iCe ant of sii_ :ees. exeautar;, L 3 st �_Or7Car er `_: h'_�sAl`, h_s heirs, air?eSr tas•the ar succestcrs in integers, gec�astzd "e e Distric= that 1e will .tier.Pve^ ___cr or a^f ?atta. nct__P aCC.. is::nc =: a •...�2tic y = n , - - .nq or ❑: 3 Ut ' �Or the ZL:r=cs _Oy. �. 1-ld. ;.DG'� _^ve=ent Diszr_ct ra:: g se:rpr� p,__ c^ the Ar �`esc_ _`'ed ::ire_... a -oA=s .cz to rye _Y ;- ; to actively promote the, U C"A2=x vt s;v. '•!NCE3 L �^st 7litCc3Ci eat .3ac: 1 �• 1 LAW OFFICES BELCHER. SWANSON, LACKEY, DORAN & LEWIS JOHN C. BELCHER 103 EAST HOLLY 5TREET. SUITE 401 TELEPHONES JACK 0.SWANSON BELLINGHAM. WASHINGTON 98225 (206) 734-6390 CHESTER T. LACKEY JAMES M. DORAN (206) 398-1146 TERRANCE G. LEWIS FAX (206) 671-0753 • June 23, 1994 Commissioners Birch Bay Water and Sewer District 7096 Point Whitehorn' Road Blaine, WA 98230 RE: FORMATION OF UL•ID 94-A AND 94-1 Dear Commissioners: We have written to you earlier expressing the concerns of many of the residents of Double R Ranch relating to the formation of DLID 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 ULIDIs. 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 specifically beriefitted by the improvement. Another way of stating this ---ule 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 corfi oration of the final assessment role. That normally occurs offer the improvement is in the ground and all the costs are de=ermined. If properties do not receive sufficient special benef-its, then the law recruires that the District reduce the 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 paving 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 t-he $15,000 per lot range which may well fall into this .aners say Water and Sewer District L _3 , 1994 Pa. 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 I o or 2 a . 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 knew that when other jurisdictions are faced with such limited support for their ULID's that they rarely proceed with theca. The risks of default and problems are simply too great. On behalf of our many clients at Double you use your discretion and decl=Lne to proposed by the petitioners. Thank you for your consideration. Sincerely yours, JA K O. SWANSON JOS : of f R Ranch, we request that go forward with the ULID's ------------ r 632617 1249 ' 93 U 1 /21 11: ')4 P02 lHrs A+R'C7AF..�I�,tiFF'ECrS y rNT L•1•ND PUHCPAri2 A110 A. oCAaruyn Lv;r rtLB ACl)1I!�A1L-F{C Pt'�altw,lr9 uci;p4 l4eti, ALt LE7AL 4/G)flS, 4 t;u.ARE ADVISED rU Jir1:1C UJAL ADVICR ISEFOJ■ - SIGN %( psi AFI;Fkllc •t1,.e�Yr,�.plzChae 1� Ir MilrLt_VOrd!ar t4Wt lirej —�lo_93 � I9t:awfrt; :II'mA. fi - -•- - "~-+� CI:/ nl � �..,..-,---, �..., � , 1 Amur►:/ IV1p,r,1 I\•eur,ey I � . 5 i Com )7 ' FJ cc��:a ;�:ra Ali r�l:r,f Rti . birch nay.. j_�tC A k r5F? a Et UChEd QT'G' .. �+► . ,v�,'r,a7J�r►Cr,tr•,� rxsalG:r►r�p net lap- -�� t vCiisjL C 94071 1. I�YjYr Ar�t1 S�•ral'ai11•' trJn I;InICI�+ • Dii+q dyon1 to rlleyl a C'C71,7L 0:1at Y'r•rr th: t:'e R1-��c - :J'ee. Cialtyx: Ce'+.::;i�H :: a1e e�r0 N+41 t. PJFiC}1AippltF, TFsfpyrtlsl•wfiY.ure_�nfa Hundred Twenty 12'_LQ00 1� �``—' iyr_ Tttousrstlr3��r�11C�0•-�I7�I ►lRS -•�� lnr rnyl �yn•.Irt]ney. "-�._ 1T� 2. LIEi)100 OF WAYI•►E1(T. See attached addandur:l f.Or Method of puyment, 7r PERCOLATIO)IMt "MLUCUA MLA l rtrtrrx+sbalt.rt•Jsr.11Ue•; F. DW.ty�lY:.l►dlr.k''ngOOJtir�ri>JIf.L":;�}5, Mh/ar.►Mn C':Gr::';,:•t rs\Ia,vwJlt/S'Pt ud(u)t1�G•m.r ��y' •�: WI l� t:.,ir4r l7 B'My tr; P•ICC:e).-., TI►1 G!ta a.,ra ro5 J,rIU ir.1"t.�j Cr_•.:ly, F 1. 1PIcnT PLAT he p►Op/t[/ Q has t.•1rs U TJtI rw N l91 I Kal?'t•a•Jrtti IO La, Ik,n 7 :t`J,i, 11111'ii :ov1, r• 51 •; : AI\t llurll?er V 41 L`.• i06o111V W'F7A1 A: I• !NGPEOTrON. 'Rta A�I,�TMI O I u G)l Ctis�Nl G,ItJ C°1 1 F*c:GsullSt -^AA C7.e nul u'f ultwt:Cal of Ce ptey�,lJ. ,1111i. anacn P$LII.A ixttt )10, 330 Or c )1a13. tlo'J 1 L1111:1a1 I� 1pr�:;ni Aa01rIC;, T The PirNs wxA0*.I6d20 Vr81 AQ;tll Ital no e,rol'ut CA HSZi•1d:i.3 >.>e:•rl�l:• a, C I G, ZONINO. Servor%1TlntaInstPIICw•••17orn-.�Vet' 131ionI3 :_ TTR 1. LMUTIEC. 1)IeproWrr I; .) ►t•rLJCj Q ❑pIIDGLn\:Orr 11n 1 Art7en —. 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PETRIE 2412 Dean Ave. Bellingham, WA 98225 Property: Parcel No. 400129-094071-0000, Blaine, WA 98230 Estimated Closing Date: March 1, 1993 Escrow No. 1840 Page 1 DEBITS CREDITS CONSIDERATION: Total Consideration 125,000.00 DEPOSITS: Deposit By: MICHAEL J. MURPHY 1,000.00 EXISTING 6 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 PRORATIONS: 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 ESCROW FEES: Escrow Fees Sales Tax 295.00 23.01 3alance Due Escrow totals 26,332.86 125,565.02 125,565.02 iOTICE: This estimated closing statement is subject to changes, corrections or additions at the time of final computation of closi escrow statement. MZ X H� A.EI+ rJ MUR S� � ROS£it D . PETRIE MARY E. PETRIE G•a- Windermere Real Estate Birch Bay BAY STAR A LIMITED PARTNERSHIP' Presented By: PETER LEWIS STEPHEN NELSON, C.P.A /Indermere Real Estate/Birch Bay, Inc. 4JC-5 lor:;a -, C• .e S a -e ':/asn•na:on 98230 206.37 1- 222 =a,. `'06•37' 3-340 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 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 11 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 $1.81 per foot asked for on other parcels in the vicinity. The entire project will be under local guidance and control. The organizers are Mr. Stephen Nelson and Mr. Peter Lewis, who will be the general partners. In that capacity they will be responsible for the development and operation of the business and management of the partnership. 11 I C Windermere Real Estate brc-h Ba\ AN CH Ok /NJ A NOR.. (PROPOPEZ) ! 9 . Z A CR -S So L.o TS S/NC„LE FAMALY Ho 0S/N G /9 20 DIR CH BAY Z YJV&CX RAAA 30 t ` 'r CHAS };�6 { i M. BROWN GLEHMAN ETAL h• . •O3T � 1.14-A ` � ta.vup, s.s > % . 4 N SITE --1p, 4 Q W 2 0 110 '031. '-01 T1 485-A B � Oqq u 1 �y � 1. �; - y ab A./ t SITE .mow x q44 i '.(•" ,.,�. t /S //A 12.73A 12.73 •a 12 73 •A .IJ 7 6 5 oYT1f r ^•• .d/3& xjj 1(i,•t�q?1.D1�.�,5}� 1 615 f► I �. a / ;X . 07 �10yp ;t,1�ti �7 3 T y t I�'�;�+�3;. {1I1.32 `3$Libti Ii3gJ soo.0 � } j �J COMMONj - .REa /` a f Lt � 0 3"O Ot3�1 DOUBLE 13. i 7,, � i v r.:%��«x g�� • � I 1 i �� '1 ` 'SI•i�J%'i . }�r�,� f6'4 j+i� 01 I ti+ COMMON AREA 1 7(%LIO Windermere Real EstatwBirch Bay. Inc. WHATCOM COUNTY PROSECUTING ATTORNEY David S. McEachran CIVIL DIVISION Whatcom County Courthouse 311 Grand Avenue, 2nd Floor Bellingham, WA 98225 CHIEF CIVIL PROSECUTING CIVIL DEPUTY PROSECUTING ATTORNEY ATTORNEYS Randall J. Watts Karen N. Frakes Daniel L. Gibson ]ftECEjViEjD MEMORANDUM SHIRLEY SHIRLEY FORSLOF WHAT COUNTY AUDITOR Shirley Forslof Auditor "PR 2 0 199- AND TO: N.F. Jackson Superior Court Clerk FROM: Randall J . Watts I�-�, 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 Ul 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: FROM: RE: DATE: Shirley Forslof Audit OF Randall J. Wa ,tl�ts Chief Civil Deputy Prosecuting CIVIL DEPUTY PROSECUTING ATTORNEYS Karen N. Frakes Daniel L. " E l V E D SHIRLEY FORSLOF WHAiCOAA COUNTY AuorrOR MAY 0 8 1995 Attorney Recall of Peter Lewis, Donald Montfort and Carl Reichhardt 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 Phone (360) 676-6940 FAX 738-2532 COUNTY 398-1310 SCAN 676-6940 sLi,Sr1Lt}{/�1 IUiV V�JYl1]iL1IIL I The undersigned certifies under penalty of perjury under the laws of the State of -Washington, that on the below date, I al,' , o 6aueed dery a a true coply of he foregoing to: at the regular office or reside sreof. DATED this day 1l3�at Ly a a ton. Cf �— (Copy Receipt) JECIEZ VEI) WHASHIRLEY COUNTY OAUDITOR 4PR 2 0 1995 �_.(Clcrk's i7etc SUPERIOR COURT OF WASHINGTON FOR WHATCOM COUNTY IN RE: THE RECALL OF PETER LEWIS, 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 '1 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) No. 95-2-00520-3 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 ofHearing:4/28195 AT 1:30 P.M. (HOUR) Nature of Motion Presentation of Order Dismiss ncx Petition of #3175 ress and telephone of Attorneys) r William E. Burch Ira idall J. Watts, 4SM#6314 SIMONARSON, VISSER, .U#Bridger Road 311 Grand Avem ZENDER & THURSTON Blaine, WA 98230 B l in jinn, M 98225 1610 Grover St., #A-1 Post Office Box 631 Lynden, WA 98264 I_ -J (360) 647-1500 NOTE FOR: Presentation of Order (Lift and Continue List of Opposing Attorneys on Reverse Side) 1 2 3, 4 5 6 7 8 9 10 11 12 13 14 15 16' 17 18 19 20 21 22 23 24 25 26 27 28 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF WHATCOM IN RE: } t. NO. 95-2-00520-3 THE RECALL OF PETER LEWIS, COMMISSIONER OF BIRCH BAY WATER j 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 f:\pete\bbwd\reca11.ord JUDGE/COURT COMMISSIONER SIMONARSON, VISSER, ZENDER & THURSTON P.O. BOX 631 LYNDEN,'WA 98264 (360) 354-4494 e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY --OF WHATCOM IN RE: ) NO. 95-2-00520-3 THE RECALL OF PETER ) LEWIS, 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\recall jud Peter Lewis Peter Jay Visser William E. Burch $125.00 SIMON ZENDE 1995. 1995. 3R, WSBA#3175 SIMONARSON, VISSER, ZENDER & THURSTON P.O. BOX 631 LYNDEN,WA 98264 (360) 354-4494 The Bellingham City Council has en- dorsed a $1.1 million federal grant ap- plication that would pay for housing and support services for homeless women and children who are victims of domestic vio- lence. The YWCA, the Opportunity Council, Womencare Shelter and Northwest Youth Services would team up with the city's planning and Community Develop- ment Department to provide a compre- hensive package of services for the home- less. If approved, a 15- to 20-unit building would be built on YWCA property on Forest Street, near Maple Avenue, for women and children left homeless by do- mestic violence. The YWCA is donating the land. Part of the money would also be used for transitional housing at another loca- tion for homeless youth over 17 years old who are struggling to become indepen- dent adults. The council voted 5-0 to endorse the group's application. Arne Hanna did not participate in the vote. Bruce Ayers ab- stained after questioning why the city was paying Paul Schissler, former housing ad- vocate for the Opportunity Council, $62 an hour to prepare the grant proposal. Court date set in imprisonment case A 38-year-old Bellingham man accused of beating and imprisoning his girlfriend for weeks faces arraignment April 7 in Whatcom County Superior Court. Commissioner Chuck Snyder set bail Monday at $10,000 for Colet Kit Brewer of 1436 Lincoln St., No, 2. Brewer was arrested. Sunday afternoon on suspicion of unlawful imprisonment and second-degree assault. He remains in jail. The girlfriend and their baby escaped Sunday morning with the help of a family member and told police that Brewer as- saulted her. Bellingham police got a search warrant and arrested Brewer after he refused to come to the door. HERALD STAFF T FAST FORWARD News events of interest to Whatcom County residents: Tuber sale SATURDAY. Whatcom County Dahlia Society annual tuber sale will be from 10 a.m. to 2 p.m. at Advent Christian Church, Broadway and Halleck Street. Information: Marta Hammond, 734-2657. Content editor: Margaret Haberman, 676-2620 or 384-0878. PHILIP A. DWYER HERALD PHOTO LABOR OF LOVE: Marvin Milosevich of Kent washes the bottom of his 43-foot pleasure boat, Scardee Cat, recently at Semiahmoo Marina in preparation for the upcoming boating season. The weather is expected to remain ideal for boating — and just about any other outdoor activity — through Friday, with dry and sunny days and cool nights. Citizens for Open Streets after the coun- cil vote. The $1.25 million road project, subsi- dized with an $875,000 state grant and a $125,000 contribution from the Port of Bellingham, is supposed to steer traffic away from the Fairhaven Historic District. The truck route will come up Harris Avenue from Fourth Street, take a right on loth and a left on Donovan, where it will connect to Old Fairhaven Parkway at 12th Street. Trucks now come up Harris and turn right at the busy 12th Street in- tersection and left on Old Fairhaven owners if the city now decided to change the path of the road. "Of the hundreds of projects I have done in this community, I have never taken people out of their homes" before, Rosenberg said. Council President Gene Knutson was unimpressed by Rosenberg's emotional plea, saying the whole project should be dropped. Knutson and council members Arne Hall and Bruce Ayers were the mi- nority votes in favor of retaining the side- walks and submitting to an environmental review. Residents seek recall of Birch Bay water commissioners COMMUNITY: New service could cost some property owners $20,000 or more. BY LEO MULLEN THE BELLINGHAM HERALD BIRCH BAY — Some resi- dents of the Double R Ranch re- sort community are steaming over sewer and water improvements that, for some, will top $20,000. They're trying to recall the three commissioners of Birch Bay Water and Sewer District, alleging the agency is illegally forcing the im- provements. But other residents say they want the long -needed im- provements. Double R Ranch is a mix of houses, mobile homes, A -frame cabins and recreational vehicles on lots serviced by septic tanks and the district's water. Fifty of 124 lots are undeveloped. District plans call for upgrading the water system and installing sewers. Property owners representing slightly more than half of Double R Ranch requested the $1.9 mil- lion combined projects. The issue has been contentious for years. This is the third attempt to bring sewers and improved water to the community. Resident Bill Burch said his costs are expected to be $21,000 for sewer and water to his mobile home, which he estimates to be worth $80,000. The improvements will only increase his property value about $5,000, he said. Resident Marilyn LaCasse is facing a $25,000 cost for her home, which she estimates to be worth $65,000. Net value of the im- provements to her property: $5,000, she said. "We're not a fancy home dis- trict," Burch said. "This as- sessment is a little outrageous." Burch, LaCasse and others con- tend the existing water system and septic tanks work well. "Everybody has been misled into believing we have bad water," Burch said. "Our water has been tested. It's good." Burch and others argue the im- provements are being installed, not because Double R Ranch needs them, but because owners of adjacent land need the utilities to develop their property. "We're a hub, is all we are," Burch said. "We're getting dinged pretty hard for developers to make some money. That's what we're fighting." Said LaCasse: "I feel that there's been a lot of wrongdoing." But Billie Squires, administrator of the Double R Ranch homeown- ers association, said owners of the 50 undeveloped lots would have to spend up to $20,000 a piece to build sufficient septic systems. Many will get better water and sewer for only $11,000 instead, she said. The improvements also would include fire hydrants needed for the community, Squires said. The state Health Department is demanding a better water system, the Whatcom County Health De- partment is demanding better sew- age and Whatcom County Fire District 13 wants the hydrants, she said. "And the people won't listen to us," Squires said. "They don't See SERVICE, Page B3, Col. 5 PHILIP A. DWYER HERALD PHOTO COUNTING THE COST: Niki Hobbs (left) Bill Burch and Marilyn LaCasse are among Birch Bay residents concerned about the price tag of new sewer and water service, which could top $20,000 for some. Superior Court judge to hear arguments Friday of those seeking recall COURT: Resident claims commissioner stands to profit from new service. BY LEO MULLEN THE BELLINGHAM HERALD BIRCH BAY — Some Birch Bay residents are attempting to re- call Birch Bay Water and Sewer District commissioners Donald Montfort, Peter Lewis and Carl Reichhardt. The case is scheduled Friday before Whatcom County Superior Court Judge Michael Moynihan. Moynihan will determine whether the recall effort has legal grounds, based on the arguments of those seeking the recall. He won't determine the validity of the charges at the hearing. If sufficient legal grounds exist, those seeking the recall must gath- er signatures amounting to at least 35 percent of the total number of people who voted for each com- missioner. If enough signatures are gath- ered, a special election will be held. A recall requires a simple majority. Resident Bill Burch contends the commissioners used illegal methods to create a taxing district to build water and sewer lines to Double R Ranch in Birch Bay. . Burch said the proposed utili- ties would better serve landowners of undeveloped land around the resort ranch at a high cost to re- sort landowners. In addition, he said Lewis, a real estate agent, would profit from the utilities be- cause of an adjoining piece of property he's marketing. But Lewis said he's not market- ing the land, though he once con- sidered and then backed off from an investment partnership that would have tried to develop the land. "I don't stand to gain anything," Lewis said. "Zip." Lynden attorney Pete Visser, representing the commissioners, said his clients have acted in the best public interest and have bro- ken no laws. The commissioners can't con- trol whether adjoining properties gain from the utilities, Visser said. "Those 'properties may stand to gain something, but that doesn't mean that it's improper," he said. t.at aLU1=1 Oa tell elay. IL waa rMA"- ered on West Maplewood Avenue in Bellingham. Stolen vehicle recovered Saturday at LaBounty Drive and Slater Road. Sawed-off shotgun found Thurs- day near a strip mall in the 2000 block of Alder Street. Police will de- stroy the weapon. Forgery of checks Thursday in the 1500 block of Main Street. Car stolen Friday in the 5700 block of Legoe Avenue. 1Blaine Blaine Police Department re- ported: INCIDENTS Cat killed Thursday by a pack of three or four dogs in the 900 block of • Harrison Street. The cat had been the family pet for 17 years. The dogs apparently run around in the neighborhood at night. Forgery Thursday in the 9500 block of Semiahmoo Parkway. Loss: $500. Counterfeit bill discovered Satur- day in the 1300 block of H Street. A counterfeit $100 bill was impounded by police and will be forwarded to the U.S. Secret Service. fire and aid Among Whatcom County fire and aid calls: Injury accident Sunday at south - bound Interstate 5 and North :Grandview Road. Injury accident Sunday in the 2300 block of Mount Baker High - Way. i I SS STARTS: Monday, April 1 oth 7:00 pm - 9:00 pm AND Monday, May 1 st 17:00 pm - 9:00 pm 'IS-6464 DIRECT LINE M-100S IXT 6464LINE ealth Education Program Service Continued from Page B1 want to spend the money. And if they have a working septic system they don't feel they need it. We cannot convince them that they cannot live forever with those old- fashioned systems that don't meet modern environmental standards." In an unscientific study of part of the community, Al Laliberte, an environmental specialist with the county Health Department, found 20 of 50 septic tanks were failing. "Considering the size of the area, that's an extremely high, dense group of failing systems," he said. "I wouldn't want to be one of the neighbors of that place. "We would normally require that these folks fix these systems right away. For any reason the sewer was not to come in, we would go up there and enforce the law." Water and Sewer District Man- ager Pat Sizemore said his agency is undertaking the projects only because most of the property own- ers want them. By law, the district can't charge property owners more than the in- creased value the utilities will add to their properties, Sizemore said. Some properties are an acre or more, making pipe -laying costs ex- pensive, he said. To help property owners, the district is looking into extending payments over 20 years, rather than the normal 15. "There's always going to be some people who aren't in favor of it," Sizemore said. "Unfortunately, the dollar figure is just a killer. Of course you don't want to put somebody out of their home." VAN GOGH's BIRTHDAY SALE WEDNESDAY THURSDAY MARCH 29 & MARCH 30 1 �Q1]ARG, gp,BBE 1 20% OFFCustom Framing 20% OFFPhoto Frames 30% OFFFramed & Unframed Art gfhe Square CRabbet Framing Co. & Ga�ller HOURS: 340-36th St. Mon -Fri 9:30-5:30 Schomc Village Sat 10:00-3:00 A 647.1730 or 1-800-303-1730 WHATCOM COUNTYAUDITOR 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 581 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 5, 1991 Position D. 4 Year Term F.H. "Herb" Gischer Peter Lewis Votes Cast 276 Votes Cast 305 Total Votes Cast 581 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. Whatcom Car6nty Auditor Auditor - Accounting Recording Elections Motor Vehicle Licensing FAX (206) 676-6740 (206) 676-6741 (206) 676-6742 (206) 676-6743 (206) 738-4556 WHATCOM COUNNAUDITOR Whatcom County Courthouse 311 Grand Avenue P.O. Box 398 Bellingham, WA 98227-0398 SHIRLEY FORSLOF Auditor of Whatcom County 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) 738-4556 Y 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 '-q David S. Mc Eachran 3�r��,'i Co Whatcom County Prosecuting Attorney. Whatcom County Courthouse Bellingham, WA 98225 RE: Demand for Recall of Birch Bay Water District Commissioner Peter Lewis 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 Peter Lewis filed by William E. Burch of 4324 Bridger Road, Blaine, WA 98230. Shirley Fors f Whatcom County 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 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 David S. Mc Eachran Whatcom County Prosecuting Attorney Whatcom County Courthouse Bellingham, WA 98225 RE: Demand for Recall of Birch Bay Water District Commissioner Peter Lewis 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 Peter Lewis filed by William E. Burch of 4324 Bridger Road, Blaine, WA 98230. Shirley Fars f Whatcom dounty 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 COUNNAUDITOR 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. BURCH THE DEMAND AND RECALL AND DISCHARGE OF PETER LEWIS, COMMISSIONER OF BIRCH BAY WATER DISTRICT. SHIRLEY/RSAUDITOLOF WHATCOM COUNTY Auditor - Accounting -Recording Elections Motor Vehicle Licensing FAX (206) 676-6740 (206) 676-6741 (206) 676-6742 (206) 676-6743 (206) 738-4556 ��•���� r � � �.) . A RICEYYED' SHIRLEY FORSLOF WINATCoM COUNTY AUQIi�D�; Under the provisions of Sections 33 and 34, Article 1 of the Constitution of the State of Washington and as provided for in RCW 29.82 I, William E. Burch a; 1995 registered voter, demand the recall and discharge of Peter Lewis,Commissi6hdr of Birch Bay Water District. My charges against Mr. Lewis are malfeasance, misfeasance, and nonfeasance. Commissioner Lewis Lewis 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 ne right to do so. Commissioner Lewis 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 Lewis 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 Lewis 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 - 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 Lewis 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 Lewis. Commissioner Lewis 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 Lewis 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. KA commissioner Lewis Stands to gain substantialy by forcing the Double R Ranch into an overinflated ULID package. He 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. 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 o NOTICE OF ADOPTION OF RESOLUTION OF INTENTION TO CREATE AND NOTICE OF HEARING ON CREATION OF UTILITY LOCAL EMPROVEMENT DISTRICT - U.L.I.D. NO. 13 e 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 U ") 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 (tearing 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. ?. 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. Tite 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: hhwsd%db1nwr.irrnQ9339 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 Asse or is as stated below. Is Peter Lewis Secretary of the Board of Commissioners Birch Bay Water and Sewer District Name of Owner William E & Kerri L. Burch 4232 Br' =iger 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 Amount of Assessment Against the Fore oin Pra erty RECEIVED General facilities charge = $707.00 DEC 15 1993 Local facilities charge = $7738.50 -_r0Ay WATER & 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. Ai2A r J � ��e� a, AJ -,Fo r- h:.bbuw. fylrswr.Srm,19339 NOTICE OF ADOPTION OF RESOLUTION OF INTENTION TO CREATE AND NOTICE OF HEARING ON CREATION OF UTn= LOCAL IlVIPROVEIIEN'T 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 Hick-ok, 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 o 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 WhRehorn 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 a 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 Whiiehorn 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% �• 0:' 0©%V%16'MDhRULM.:rm,.19138 Y J / 'J �j - n '� �, �✓ 1 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 Legal Description of Propern, 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 EIVED Local facilities charge — $11896.50 Total = $13393.50 DEC 15 i993 QEWER 01sT. 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. W C? %�sZ a r �>? r 5 ;� rD �• i s?'z 2. / `) cl0 fz O rt_ (A I I �1 � � r►1 � r /,�.,'. n /U �� � r• _ �.�,� �.� zr� �o r �� Z CLbCu�? .f:sr;��r( -r b:•bbws&dhlrswr :rTn%19339 - T:-?I5 IS PERSONA:.. REPLY TO LETTER DATED F_3R7A,:t I3 CZ FROM �~ JI'C AND JOY HUNTER AND GEORGE AND SHZRLEY SARGEANT TO THE o-- 3OARD OF TRUSTEES IT IS VERY TrNFORTL-iAT T'riAT SO �L_VY LIISL, DERS :A.VDINGS HAVE OCCURRED ARISING OUT THE THE SETATER AND WATER U IDS . I. ?RESL.%EZl IT IS I:LD•LkN NATURE TO JMH? TO BELIEVE :� lAT YOU WANT TO HZAR. YES, "WE DID TRY 7-0 CHA!iGE , VOTES - WE (O:v-iERS :r Z0 WA'i SET+JERS NOT T -- 30`_Z_D) WERE TOLD BY TLE DISTRICT THAT THERE WAS A "TURN AROi ND ?ER_OD" IN W ICH WE COULD GET OWNERS TO WITHDRA;J THEIR r ' PROTESTS. T,v=. Dii ?D HAT . 'WE' 'WERE TOLD AT THAT TIME. v _ TIME. THAT WATERER FAD �SSED AND WE TN RE LATER TOLD THAT SINCE - HE OPPOSITION ^A Dl DE SO ',L-�N- Y T:7REATS T::A= IS T4TY 307. 1 WATER AND SETJER FAILED , T::E 3OND=`iG CO�'[P-A.NY DI7 WIiHDRA:v OL'R F= .VCI`iG . r :OY CAL ED �EZE REG.-_RDING HER COi!FT_-`N-S A_`iD I TOLD DER -0 ;vK--E A LSTTEE. Tic WERE CERTAINLY NOT COVER: G lip T:-iE "i ?-ROUT" COSTS FOR ?ER_`,IITS, ETC. OF A30UT S! 50 AS T.-:'SE COSTS 'JERE STATED AT EACH OF THE DECE:BER ZBETINGS . AS FAR -AS THE $6CC COST TO BRING FROM METER TO TRAILER, THA7 WAS MERELY AN ::iDICAT=ON SINCE THE OWN,zR CAN DO HIS OWN DIGGING AND HOOK - Up. I H'T�_ NEVER ..=ARD ANY OWNER SAY TH _ COS-7 WOULD 3E ONLY $20 :0 350. _.r =iCE3_:LJ 70R T.. - OT•i�i=RS :v='J CA`;�O- -`-- 0 TC PAY THE ?=R XO S_�- - ?ER z _'.CR= 3_= I ��r ``OR= CO�iCSR`iEALL D :0?. 1-- 0_ ::S AS TO - T..E CCST ;JI'_._ 3E NOW --- - S- -_ G^ :v: ., .=`iG-C`i IS IyiTiC:,T+=D . DG :iOT SHE `� y.z_`iS .. .'R_E TiC-E . _41TE AS C.,_�i-yRS DI-, 7V,D 7 =WSJ . i 0=N C= ;;_ - N0- 0r_�7 RS AGR=7%r7: - -S D�C_DED -'D 30-?.: A:iD =S S:G:iED 3'_ -: E ?RES=DE:i A:`i] E SECRETARY -- _S 3= 5 __I _-,�R �rC�;=- 3C'n -_;-di ?.-.SS-D 3 - --_ 3G:.'D C := D.`i-= •-�i'-�:-:;- CH =R _RSC•. _ c7._ :.-7SCCS=`._S'r_. :v-S T._D rO 0. _-_ Mn_;_ES C�_r' RO`r i. ;.`.`i -:-;`iG --CZ5- S - -- -_ r _\___ : R_. ...-._._::il.: Z=.:iC= -I.'.;`iC=:iG 0::'--'--.;�., CL-=•----_------ ...;DER ART=CLE 3- _ ....-2 .._.._:_.i _ v-C _...':= Y = _.. CyS.. • 3 _ f PAGE 2 BEFORE THE HEAVY RAINS . ALL OWNERS ARE PAY-7 . (AC -__..ALLY WHEN JOY CALLED ZE SHE GOT i.rORr, E.`{PLICIT DC=�iTI�JG A FINGER AT ONE OWNER WHO SHE SAID WAS ?r WAYS LATE �WIT . DUES UTD- NOW SHE HAS NEW CULVERTS & GRAVEL - I PRESLmE S-E KNEW ',v O ?AID ON M!E SINCE SHE ASSISTED DEA2, WITH THE BOOKS) . LAST, BUT NOT LEAST, BACK TO THE H1:,1TER' S FAVORITE SL3..CT - BILLIE SQUIRES ACTING AS-TRLASURZR. SHE IS 'VERY AWARE OF WHY AND WHEN I TOOK OVER THE J0B OF ISSUING T E CHECKS BESIDES COLLECTION OF DLcS. WE HAVE, BEEN THROUGH THIS BEFORE Eli A PREVIOUS TRUSTEE =E:I NDED AUDIT BECAUSE 0' W -AT HE F=:,: WAS . NEGLECT IN REPORTING FINANCIAL iNFOR_` ATIO`; MONTI.— A_NiD OTHER ERRORS IN ALLOCATION OF F L,iDS . WHEN DEA- i T-:U:iTER L - 7- THE BOARD TO :MOVE TO TORONTO DOREEN 3ARR I 'rCIL1iTE=R=; _0 TAKE. OVER THE BOOKS AND STRA_GrTE�+ OUT Ti:7 CO_`iS=DER.=3_- fir' THAT THE BOOKS WE.-lE IN. I AM S L'RE DORE EN^W-L= VOUC 'CR 7 TS AS SHE REPORTED TO THE BOARD THAT IT TOOK �L-`i': , ;Lik.N -0 :R5 TO CORRECT ALL THE ERRORS AND GET THE BOOKS RE..D`: TO GO TO TH E CPA FOR THE TAX WORK. IT W.,.S I`•�?ORTANT TH A= C::R TA=S 3E DONE ON TI;E AS THE PREVIOUS YEAR U,,ADER THE SA_`r' ASi RER, ;vE WERE FINED $550 FOR LA:_ REPOR=ING OF TAXES. r0i.;R C?.'. G �S OUT OF T::_._ FINE BY ....:..LING IRS T- a- -_ r- =D N __ AGAIN AND T-.y;' �r-.Y3E T== C.. i. TR:.nSi;R=.R D=D �iGT ?-A__ - - IMPORTANCE OF REPORTING ON TI.`•'.:= W-.S :3C�=THE 30ARD VOTED T:.AT T: - CPA :vC�:!D DO T _ %fC`"— ? A COST OF S30.00 PER XO`—. 3:77 _-E_i DO31-EN __,,i_EZ=�D =- ;' _COyiTI",iL� AS TRE.-.SI:RrR .i_`iJ 5.�,= _. = S5J?- ?OINT" �N-E:v R=CK Gi ZEIE CO.nL.-.-_`i=D _`3C:- :r 1-=_-C 3C-- _ iDED I TL'R_N _-_ 30CKS 0',7__ -0 0`i VyCA-=0�i FOR %vO ;vII.:S AND N __-�; I 3E=` ;=D. DORE =.; L 3AC< AND S.'.-D ;0 tiEE? I7 3=7, EE.`i --_ y'O OSC OUT SO'E CONTROLS, -= - "= ARE CC,`;- -OC ?E0� -_ HI`iK - .S7_:...I_'C S-__ _ - ' - - _ _ - - '' - \ - Sl, 1ROUND 3'Si- 0 R 7..E TELE?:?O:\i7 .:01! i.:�j77R . AL T 0�'- J_ I_ LI7\iDA s :S RL:iNI�iG A - �3 j-- TO PURSUE T AT, BUT FOR _ RE CO?,. ,r_:iJA CA_ FC3 .—I i:)C I_D AND .:AS GC=RD-A�1S_? OF ONE �1 - 3-b 104 Kelly Campbell (taxpayer) 416-9400 128th St Surrey BC Canada V3V 5W4 - 4246 Cody Rd Blaine, WA 98230 i RECEIVED NOTICE OF WITHDRAWAL OF PROTEST!! 7, W .1/2 Cosimo & Maria G. Scali 1962 E 49th Ave Vancouver BC Canada V5P 1T3 9, W 1/2 Tim B. Breden 19869 28th Ave Langley BC Canada V3A 4P5 9, E 1/2 Tim B. Breden 19869 =8th Ave Laneley BC Canada V3A 4P5 I IA Par.lac Bay Inc. 361 NE Guilman Blvd TE Issaquah, WA 98027 11B Par.lac Bay Inc. 361 NE Guilman Blvd =E Issaquah. WA 98027 32, N 1/2 Gilbert & Angela M. Holloway 7909 Carson Rd Blaine, WA 98230 39 Gerry F & Leona Marsolais 7816 Carson Rd Blaine, WA 98230 84A Par .lac Bav Inc. 361 NE Guilman Blvd 4E Issaquah WA 98027 84B Par Mac Bav Inc. 361 NE Guilman Blvd ;E Issaquah, WA 98027 0 12-11-93 12-11-93 01-13-94 12-20-93 01-13-94 12-20-93 01-13-94 12-10-93 01-13-94 12-10-93 O1-13-94 12-1 1-93 01-03-94 12-11-93 12-23-93 12-10-93 01-13-94 12-10-93 O1-13-94 9A_60.030 WASHINiGTONi CRIMPiAL 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 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-Severabillty-Laws RRS §§ 2617. 2619, 2673, 2674, 2696- 1973-76, 2nd Ex.Sess., ch. 38: See His- 2, 2696-4. :orical Notes following § 9A.08.020. Former §§ 9.37.010 to 9.37.060. Source: Laws 1909, ch. 249, §§ 365, 367. 421. 422. Llbrary References False Pretenses a t et seq. and elements, see Wash.Prac. vol. C..j.S. False Pretenses § I et seq. 11, WPIC 130.05, 130,06. jury instructions, obtaining signature by deception or duress. definition 9A.60.040. Criminal impersonation (1) A person is -guilty of criminal impersonation if he: (a) .�ssumes a false identity and does an act in his assumed -haracter with intent to defraud another or for anv other unlawful ?urpose; or (b) Pretends to be a representative of some person or organiza- :on or a public servant and does an act in his pretended capacity th intent to defraud another or for any other unlawful purpose. (2) Criminal impersonation is a gross misdemeanor. .nacted by Laws 1975, 1st ExSess., ch. 260, § 9A.60.040. Historic! Note .ounce: Laws 1937. ch. 78. § 1. RRS §§_ 2615 to 2617. 2673. 2674, Laws 1909. ch. 249. §§ 363 to 365. 421. 2696-2. 2696-4. 42_ Former §§ 934.010. 934.020. 9-37.010. Laws 1911. ch. 46. § 1. 937.030 to 937.060. Cross References .ssumtng to be attornev or officer of court, see §§ 7-20.010(6), 9?3.010(8). -ngineer or laid surveyor, practicing illegally as. see § 18.43.120. 376 F,T-,?- I iI Liquor permit. procuring by false pretenses, st ylilimry insignia, unlawful wearing, see § _38.- Optometry, using false license, see §§ IM3.14 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 §§ 18.9'- Library Refer False Personation &-1, 2. C False Pretenses G-1 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 ova thereto or that the execution thereof (2) False certification is a gross m: Enacted by Laws 1975. 1st Ex.Sess., ch. Laws 1975-76, 2nd Ex.Sess., ch. 38, § 15. Historical N Laws 1975-76. 2nd Ex.Sess.. ch. 38. § 13, substituted "A" for "Any" in subset. (1). Effective date-Severabillty-Laws 1 1975--76, 2nd Ex.Sess_. ch. 38: See His- 1 toncal Notes following § 9A.08.020. Sottrec Laws 1854. p. 83, § 87. corgery -7(5). CJS. Forgery § 26 et seq. Llbrary Refer Motes of Deci 1. Notaries public pr( Person's notarization outside presence Tht of those whose signatures he is notaru- %vZ ing falls within conduct proscribed by A.1w MINUTES OF THE BOARD 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 161 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. 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, 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 -;-4 -- F_r -i,- FP4 - I ire -ro c a----- - — — — I , ",onri nn THE FOLLOWING ARE NOT COUNTED tcLt - L i nL r vl.L.0 W 1-LN cs U�N 12-Z.3-93; t3KEIN DA DISCOVERED THEiI�I 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 HAD PREVIOUSLY SIGNED "NO PROTESTS" FOR BOTH WATER & SEWER IN ORDER TO RECEIVE NN"ATER SERVICE'. 17, N 1/2 John & Betty King 5240 Sprott St Burnabv BC Canada %'5G 1T5 67, W 1/2 Paul Wadsworth = I 1 1-14881 104th Ave Surrev BC Canada %*3R I N16 70, W 1/2 David H & Doreen C Barrie 204-�0��; Imperial St Burnabv BC Canada V'-;J 1C9 12-1 1-93 (signed no -protest) (12-155-92) 12-1 1-93 (signed no -protest) (03-30-93) 12-1 1-93 (signed no -protest) (04-13-90) Llovd H. & Patricia R. Bunkowski 12-1 1-93 =21-13911 70th Ave (new address) (signed no -protest) Surrev BC Canada V3W 6B4 (08-06-90) Jose A. Jr & .aurora S. Manzano 12- l 1-93 13136 24th Ave (signed no -protest) Surrey BC Canada V4A 2G1 (04-13-93) Theodore E. & Carol J. Kostiuk 1'2-1 1-93 1 12g2 LouQhren Dr (signed no -protest) Surrev BC Canada %'3R 4Z3 (0'7-30-90) /,1490 j , cc-: This is a copy of *hat lot, owners signed to•get water service. Plea'se 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 LOCAL IMPROVE,IE.IT DISTRICT WHEREAS, is the owner of the (hereinafter called "Owner") Birch Ba_v Water and Seweone `_y situated within the Boundaries of D'strict described hereinafter; and WHEREAS, Owner des7*-as to prcoerty fram Birch gav ry obtain afar se: -Dice to said calle �' ict ) and afar and Se'J Dist-, (hereinafter d Di srr er w%r_RSAS, Sesrgr service i serve s not now reasonably said prcperty: and f av�ilabLe to AS • in the area o; �,� �strct wldessr o + ta sue_ a "at as other DrDC�rtY rOcew tv b e - service is made av�•'-�_e. and h - _ develop-9d, s�"a„_ rn roveme,^zcj; �?st_,ct . ant_cipates �.:c'.t i fit;, at s`' _ ❑. _nZZ:Iliiinc a�� l �_-e cz fo�_Dt.;S_ a^'a �:... .. ilL'rnb: .l �" _ �•� -n ,cii-cdR•.Cau:��r, .:rsh,;-c-Con and is situa=ed as. a1' s n;s -ore ticuia- d +dt3r�a..�i_�. .� ,• � o E) ft_ C� Provide a _aCt?: described here'; a....�ar �rcvi-e Water sec:•_ce t❑ the prof aitv s fr ct's :esc1_t n; con .e:�e a6 all fees and char�Qs sRt�'ay .he and 'Or the date :2 =a.",nent oc sald+-dat�e o_ aPPi:=ltion for sn_rr•ica_ exeCMtarS. ' `lam.` St;at'Ot't .O-T-er, � a=r h_zsal f ?3' he_ ors. cr Sl]GCe5CC�5 -�� and ac: ees to the ❑ :st _n Interest, rec--ested b•f t::e D•rivet that ie vil.1 , :lier.A•Ja et_t4a; do. gp• anv _ C_ r'(Y Qt1e� �n5tr.:�er. ��7� S Y I ^cry~p for the _:1=nse of d - descr ivied rare_... 0-ner <u- SA _c?'.o`o the Prcgnrt•r er a 7 =Q act i'fel, s 'the ! Promote" _ S:W_VA2tCy, vtS:Z3, :SvCE.v i rMICvS';,a+ �^tr WFICE 3a: 631 F3o�: 1 .�•�EV:�SMIYC::.M :1z,S,� '� •J &=i4:1L71 fir. LAW OFFICES JOHN C. BELCHER JACK O.SWAN50N CHESTER T. LACKEY JAMES M. DORAN TERRANCE G. LEWIS June 23, 1994 BELCHER, SWANSON, LACKEY, DORAN Sc LEWIS 103 EAST HOLLY STREET, SUITE 401 BELLINGHAM. WASHINGTON 993225 Commissioners Birch Bay Water and Sewer District 7096 Point Whitehor:i 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 specifically 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 improvemen= is in the ground and all the costs are deter-nined. If properties do not receive sufficient special be_ne-fits, 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. Theidifference 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 $15,000 per lot range which may well fall into this BELCHER, SWANSON, LACKEY, DORAN & LEWIS f I 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%s by only a to or 211. 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 faded 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 decl:Lne to proposed by the petitioners. Thank you for your consideration. Sincerely yours, C7 _ 'fev e, .rL_ JA X O. SWANSON JOS : nff R Ranch, we request that go forward with the ULID's . Qs .r'Ei32U17i�49 yJ 01i21 11:24 P02 -- Tars +R@ t VACANT ��Iq �'URG1A�;' a C,,Vyt,;N rrlar.lr.iF1�Crr rcatrlLFaat arc,r7s, } C A`lia `AL& MOAvEAtEI,rr P4iM fiovra'Qk L>+lh ►sa wARC AIDV'�D to ALLh�l�A£CFA�'r�c . • S�CktCOAL ,LDvrC�BE�'otr r ITh�6;ryrr,,•�'lichael. �•�.Mr rLI7�r cr:d�or rlt�—....�r��t�� Y sr;+vu,ra. I ^4 araAar r hi 11 , a� tt•» +�ra,,..ln- , .':1 C. r�s 7 invrrrt sL'It'r,f� �+ e' �_ Camii7�'tc---•�W�1e:Ccr),n�- { ' . ' '_4'r? Or] �iCr,iCt� ,1 LC�� -� �agra. I. Ci hEC�'QrCO� ?fls„ r •1s 1>aQ C�r<stS^rtehfs�rf7alfalaRl �.._ s�vjvt 11na S9t[ar atVllt+}r t�� �..__ —0 7 _ Ifi 6!t[ u C61�n9 zpgnr ra �iDA a fxrfgy=. q'•Yr II'rarr /:"hilv���--~�•�`'`�� •-•`•_ . _ — ! 7, C1,7 il47� CC',»::;lt,•l :: J>i MAY, s. v�Rs +A i dOL? TN;urfrwr.c(raw Or�iS Hundred , • � 1 z �� �� j -- � �n kv �• i.v� ��1g11S�t11�,�'_�r� 1►a v;vni:i 1-*A4Y. Mk7ho0 Ob uAy"EfgT —� See attached addendum for method of puy:uent, PEACOLArOHMP "'tLu'b t' MCto;xof>r,ryIsk]r:el/41r,K:ngGernrr 4,riMh all ► 1-f r)r>l,al I.r VJs:r*jl US,; v.tniWI I:, C,��,tr � p•vytr t1.0 T PfbrCGal�, TG11 GILJ:.wri fogy rP•Jv�1 �,� �,ly .rpr'y\la iv�Jl ►/5'Pr: lJr1 (u) L ollonLAT he WOWR/ Q he tfor, 1e 1 OD U R'Jll c• X] Lt'elti rba,irt� 10 te, 1`txt i :rwi, 1111I'ii :onl, fie 5h;:; yl►Iftur7l�r b h L`• iPS01 t%N 63A1 Q; INGPEOTrON. 'F}I;1 )4uy-OJ' ❑ �] u rr)l CCrIQ;, G�rtJ C•- 1 prG(OS6r�1S1 t`nyyC7 1 r,t,tl�ttJ'S dlect•a�.>n o; f t Js hyll:tss I^,ipcy;;nY AOGirrtCu n prc"ll. ,(il IL. 111laCh PSIA-A;:W-m )10. 3_{a or C The PifTirs Ockn@t116e90 Utsl Aggnl his no e,; ar tie om f i d:b3 I ti:erlal;, arC r ZONING. Sci4l1-%.rjA1a Lhatpta C./•••I itrn• ` 7J PQS 'rL-�' dat •.)aGon I U R!+ UTTLf71e�. TM/ WO6arr11: Preten•' , --------- •— . -,__ .._.. �_�.��.-- , �_ __ _ OIL�IJ+pi>r�. rmo10 rt'ta,,.ge nl'•/rr�IGre ototiny�Atl cd'fr IIr1 �DG,I;o p,y [l�o++,^�,+ Icd :uMr•„a 1 Cj J.urvn ®IwctYCfLWbiG�+:nr n 11 Wr^$ V�nl. 1:411VfrN Cvr.r.t vJJ>:, ., / lu••r.•+� CI 71t:'1 DI Olif A^fbL�tEr• , STfrr�ln'<l 111E F ��1e:7."ii'1J,ll rl T•� f:',1'i Eil:3 1!E�'f\'�151f?'.11l' T W'�Uai'�• y�lt G ��,o'.',i PAPw drinJJ 1 Il.ol al►/ r.tl'r7t t 1In-,� o a I , t'pt•ty n'•o-11 Q•,J/w'i UL-IIN�nl.vl. 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Dvyfr Ir.IA Go ortaCas tti p^sin•d0 1 �j pr, ac.lnq ❑ _ �lO111,;Wt vr.1 V'.a "m fit h•111Ur oA CJ,w IAn:1 o•i IPG�Ct7 LAC p:p ►.1 V 7+0713 ;S ,ter S,y eDrt Ip �' GI S/IVr oSfriel 1ti mdnlln :,/ s+^?a]' VC {nC�arel 1n T./lr �rFeNd GG,d'SM WJRaI wt]r i'W ICi/ /ueG:.J .n7• J,rrl/ t t�it;yJ h lc•ss[s:'cn �►s+►. •air AGEWY OtSCLOSUn& At lM t Crinp pl -,{a •i•y1Te I, Lh#'1• IlrIQ A;gnl t]}J utIV,c S:)t atN 1nC npr•o•nlr4_the GE11er , rr[nn„i--.,itiSirry►�r.r�� —} thlllrlingAge, _ri�jr, tzs ero11 rt.iea reprrsert•d �i-�C yeller 1r44 1r—ii•rrwal't►rt1'7air'14•l�ri7, '�- -- firu,Q:llryr•►StLan, ESCr,Fafr/SQrL;t� I'ir•Q'a4're I:3.:•.r5n■C•rlrr•.ru>.'�•.t'.•w.,w,t,s,t+ DEFAULT AHO AiTORN1Y'S YCc9 If Ne r>P r�:^p �`c:' l• s Q/a r^q� V..0 -o Fi yN i:r►, rrt�„t ti;i' uC+;+i (G,••�r) Id c: npl•t• I� snow o' tv u,unitlrnOrV/UtpOalrroaprCt/il'.7N•,Iw7bvrare.teJ:Orc�'1 ■alre►•�w�r:..sr..'e'.•tQ,G,LS.:he�9.9•'7r•:011V4 •t. (1) TTerarnrtlTons (i) u ar,rer Ii rIs Mt irartJ rA cl :K �u• Heil Pam, WrCh:Ln� 17 r pmtt'7 p•p^ran� r tx + ri, lilr'y or !a.lur*• ! Cv:;,;Get 7t 'i• *-►I ,. ��� ��.� , [L �}`�� t �•. j•rt �'rY,, ?•J -••J. - .•..' S. ti r ..ram - ��'i I�MCI.T �h! pCVY1 de•)1 61 ip;. r n ta;lam notnk11 ,+1'nf ei Iti•.tr �Ir •..,._ •`'`"S. r{�` ��� r.� �� `�.[ ' -.. �i'C.�.,�••....��— r. :/5np>•e>1►�Itro, s C.::opl.tl-:la t:�.^.�:s..:Cz•• .:saL�: r :-� an �� t/u'Q�dl:rdp3'�;t1.(.):L rL:S:*•rTL:a�;i.0 ,,i;iirnr.,.[tJr Qi:SfNe ;,trr jV�a►a.uC.,trgt.,I:VI:w •.:f'.' .wvy i.yaJ r• w G5 L7 V -^1 J•rr.:�yt. Y Evrer, Belw er Ah,nt Vtl:r.ral /u•1 ur•(rr n. 1 � �. R�'1 Mt'.. .v t,•lord 'Q i:rrl 1 rn: xWI 01 ri ol.ynV;'t 101 irll:0'./u : 1 ao ^, ) r r 4 P(C r,r� a reor: ^.171 SrY•te ► 1 c.e L / f r,r ., L'r ... 11' :•• De .^1 :_. •r ..r,f T� C+c9'^/ 6.J / ►t I, 7'! rr�•.::f :'lr ^•7c! @�H0MCH UI: TLC. Unrol4 or.�� ♦ ta•:1•oe ., ► i ,,t: -,q•' -+v-41l G:r' ^t1. /01: �.]:r • re 6 •'! : ::Yr•r !' y. • "'S+ q;s+a it cv.Aln. rcl �.fa ;ht I:'U.Iny lntq :V ". GCrer0.,:S,cu•,0 :-.s er•J'1.: ^^S«'►S4• .. _' ..f,r_ . :► U 'iVLtr♦Ucrlr,Q;/r,ll.fcr.�t^l1L'et3uyeet.M.:�.v_1v.f:9:J,:e /,t.:J: ;•'-":_^nale l.u1st•:Irotrrl:Gr:Llr .,Qr:;a.•:t•.:�.f.cin^a�.c^ W(i't)t/v4LlrCAab4k(i"sarq, T'"'�J;:S 1.4Y.Ury�r:JA'a.ltillraaSet,.'waDYJ.',Mtn. YITLINSUAA►sGF, GO]#(110VA"ellrr;rrU'.bs r;e atZ• a .SPf•CanelC.-�•C,'1 Crc��G'b+r t•n+711r-r"J •'(i. � y•r�r1r ^.��r '.'► ._�', ... ... •. .... ..•.Y.•rr1 a .. .. ,... ... •.. - ^ - ... 1 _ • • - ,.. . ,, • • - - '.. r •. _. ti ..r 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 To: SHELMAR ACCOUNTING TITLE CHARGES: Record Statutory Warranty Deed Record Trust Deed ESCROW FEES: Escrow Fees Sales Tax 3alance Due Escrow rotals 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 TOTICE: This estimated closing statement is subject to changes, corrections or additions at the time of final computation of closi eecrow statement. lIZ�IiAEIS J,��RPH4`` / h } ROBER D. an X MARY E. PETRIE Gk•b CREDITS 1,000.00 14,232.16 84,000.00 26,332.86 125,565.02 Windermere Real Estate Birch Bay BAY STAR A LIMITED PARTNERSHIP Presented By: PETER LEWIS STEPHEN NELSON, C.P.A /Indermere Real Estate/Birch Bay, Inc. 4905 `Aor,3n D,,.e B.,-e :Vasn.ngton 98230 206-371.7222 Fax `06-371•33-0 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 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 rinvestment, 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 Birch h Bad ,9 • slip .w .. °z, 4.V 1• s. 4 95-. B s.s /.!i•A SITE .-� '"� "' i '. I r. ra AN CH 0k /Nj A lV 0R, ("Oporeb) ! 9 . Z A CAWS 5-0 1-0 7.S S/NJ34E FAM 14Y 1400S/N G eooa[ �OMMO� DOUBLE 0� 0� x a 1`k C t- .. 0 1 0 6 1,i�°�''�'i� 3 l VAIA" MAA A iz.r12L.73 " 11 73•A 7 55 3A A Ile 9oA3 x ob!r}�l j:4£.t -, X s: _ 0�3eo �fir `,� f! � /l/box 13w: a ' COMMON AREA Windermere Real Estate,,Birch Bay. Inc. MINUTES OF THE BOARD OF COMMISSIONERS OF BIRCH BAY WATER 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 This is a copy ofh�at lot, owners signed to get water service. Plea'se 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. ACRZEMENT TO FUTURE UTILITY LOCAL IMPROVEMENT DISTRIC'i WHEREAS , '� is the owner of the rone� r (hereinafter called "Owner") Birch gay Water and Saver y si-uated within the Boundaries of District described hereinafter: and 'WHEER 'A,S, Owner des__es to obtain :rate= orooerty from called "m3iate= and Sewer Dist=iCt rch Say W se^Jyce to said (hereinafter istric; ") ; and W'f!ERE.;S, seue= ser-Jice 1 serve said nroce=ts '-lot now=�ascr.ably v; and available to _ :n the are to O� .� 7�7^@rlVydess: ibnra s�+ -_� 't d5 ❑r�?:� oropert�f service 15 made c"J_«.'�_e. �rG' ^'- __' de.�el❑Cod. S�?wc!r. r„ Fovea„e.^._SJist_ _�t�xst. a.^.w_ci�zt;: t. 1 tit-, 1 '1 a.ysor„e Y _ _or izsl_1nc a sue:" callctt:art1 n .oc, t_-;e ce _ oszd _o_ the sY- m ^'�� n^.c.7 ;';Oro 1p 1� I. i atcan�as� -,e PropP=-:J refer �c ��_ . n 'Wh � .Cou^ty4 :es�_: c on and` rod .• ^�_n is siZua=ed _' ^4C2 art ll3r�y dP.��;:Joel a^�or w_`p f� `� �_� - .�dp L.-'?ttP� of described !:erO; - � u=cn za. - a -;a a= rser•= ice t❑ the Prapert.J �istric"s �p {re.^•w a� all =ees and char^As spt so_ .�_cns an the date 7- by =he and; or the data cf czye F of achy i cltion for ser-Jice r,� o� say-! f.2e^•,_ exe,zutors,Ld a --,- _st ` ton Oare=, for h'_�so? `, h_S he__ .5. 33=j ns CY =a.nts and acresto t::e D st SUC�e�tJ�S 1 _:IteCeSt, =ec,-,estac bt :e r3is ict _ ri t ts, he :rj,_? , wlienevsr _ t. do dC� ~wa7T7 Or C the: _^5 `_,3- a SC• _.. _'� zinv t8 ^.0 _^a �lishina the for:-aticr, cf 3 'taw 1 a �_ -y. Further= .nrg cr or the :L::=rrse b.` rcvld4y Loco? - cVeMent Dist::ct ;y Cj se:1�r+ p..- des•=: _ ec' :':ere_n• Owner f$ • .ce....�o the �rcnorty the: a7=eer. to actively :cmato =he Str•r_y�]i:�, vtY,I3, :SVOE.i t rNi;vz-;y x`Sr 71it^.E 30: eSt L710Ev. :•SMI�C:�L :r,:S: DI J Pa!E-: 141 wr. w Ck- 9 7"( /y r l,3j- F5 3 THE FOLLOWING ARE NOT COUNTED REC'D THE FOLLOWING ON 12-23-93; BRENDA DISCOVERED THEM IN OUR MAILBOX, NOT POSTMARKED, BUT W/SZ9 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 HAD PREVIOUSLY SIGNED "NO PROTESTS" FOR BOTH WATER & SEWER IN ORDER TO RECEIVE 'WATER SERVICE! 17, N 1/2 John & Betty_ King 12-1 1-93 5240 Sprott St V (signed no -protest) Burnaby BC Canada %'5G IT5 (12-1S-92) 1.4i9a - 67, W 1/2 Paul Wadsworth 1 2- 11-93 =1 1 1-14881 104th Ave (signed no -protest) Surrev BC Canada \'3R 1M6 (03-30-93) i 69 David H. & Doreen C. Barrie i 12- l 1-93 204-5055 Imperial St (signed no -protest) Burnaby BC Canada V5J 1C9 (04-13-90) 70, W 1/- Lloyd H. & Patricia R. Bunkowski 12-1 1-93 1-1391 1 70th Ave (new address) (signed no -protest) Surrev BC Canada V3W 6B4 (08-06-90) 81 Jose A. Jr & aurora S. Manzano 12-1 1-93 � 13136 24th Ave (signed no -protest) Surrey BC Canada V4A 2G1 (04-I3-93) i 89 Theodore E. & Carol J. Kostiuk 12-11-93 112.92 Louahren Dr (signed no -protest) Surrev BC Canada %"3R 4Z3 (07-30-90) - COMMISSIONERS OF BIRCH BAY WATER AND SEWER DISTRICT HELD JANUARY 27, 1994. 09A1 33H A The meeting was called to order by Commissioner Lewis. Other persons present included Commissioners Montfort and Reichhardt,"j• 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 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 �4 -n -- F-r 44 . 1 �r .`nr r-n r.r- r r.l , Tn ' THIS IS :!`: PERSONA`. REPLY TO LETTER DAT'ED I3 cz FROM a • � JIB! AND JOY HUNTER AND GEORGE AND SHIRLEY SARGEANT TO THE BOARD OF TRUSTEES IT IS VERY L�IFORTL-`i - THAT SO LNr;LVY M7SL"NDERS T A. DINGS HAVE OCCURRED ARISING OUT THE T::E SETATER AND WATER L? IDS . L PRES LAW IT IS HL:-LkN MATURE TO JL-M? TO BELIEVE :� AT YC".7 WANT TO HEAR. YES , Nc DID TRY TO C::��GE ,VO TES - r,� (Ory iERS :;HO T9AV- SEWERS �iOT T i 30_`_ZD) WERE TOLD BY THE DISTRICT THAT TH=RE :vAS A "TURD ARO,N-5 PER=OD" IN WHICH WE COLZD GET OWNERS TO WITHDRA:J THEIR r PRO TESTS . 'WEE DID i :AT . WE WERE TOLD AT THAT TINT"' THAT WATER FAD ?ASSED AND WE WERE LATER TOLD THAT SINCE .HE OPPOSITION ;AD BLADE SO LL-u- T::R:.ATS r:'iAT IS WHY 307H WAT_R AND SEWER FAILED. -S 7HE 30�iDING COMP.`.N ID WIT:?DRA OL'R FTN:.NCING. YES . :0Y ._ "`i-FR CA _D �Dr RrG:_RDING H: R COi[FT _'__N'"S �?_`iO I TOLD ..-R -0 '04-R _T A LETTER. WE .v..RZ CERTA: LY NOT COV-cRIYiG UP T:-iE "U:"= ?ON'r" COSTS FOR PER_`!ITS , ETC. OF A30UT S! 30 AS THESE COSTS S 7: D AT EACH OF THE DiCE:B=R �-EEETINGS . AS FAR AS THE $oCC COS-' TO 3RI.iG F30i! Z!ETER TO TRAILER, THAT WAS fir= RELY AN _:iDiCAT70N SINCE THE OWvER CAN DO HIS OWN DTGGIVG AND HOOK- U? . I HAV-7 NEVER ..FARO ANY M-4MER SAY THE COST WOULD 3E OLN $20 70 $50. - :-.. CO:iC=tiEJ =0 -=OS= OWNERS ;�=0 CA`iN :.=FORD -C PA`_' T - P-R �:0 J S 7_ - ?-R z :.CRr 3 : - : �r `'OR= CO�iCER`i�D :0?. OE CS AS TO -_- - ._ CC✓- WIT:. 3E 70T,v _: E ST.=.__ C^ WASH c.-O`i 7s 7-\ TiCL!, - DO `i0:' K::G:v ;v-- S= �!E.z`ij . REE �iC __ . �� �s c:,,T ERS D_ D 0__E `._ 3=_ _- - " .�� D =�CS- =-�-�- --• S_`_•r-- (NOT .=_J _� I . 1 _ l.:. _ _ . I _ U _ J - ...... _ �R7r,:r 0= -+ 77 -=Z -Vi -- %70- .=.RE ;O�v i `iC=_. �, _.. _-= S-.'._E 0� :�.�.5=:`" " "`' AS - RE 0= D CGt�`; _-_ .__JS . = IDED CO_ 'RAC= iL 'G=C 3' T-D 30: R✓ A'.iD �S S-G:iED 3'_' _-_ ?RES=DE:i- A:`iD .: E SECRETARY -- -S C:.`1N0T 3= .1 -T_- S'_ --= 30:. ;G . G: t=`i-_---- CH_'._:t: =..SC: _ RCCE=DED -- _ - - ?T �.•S T _=`"G S== "=.S --;�' :" _ _.' SHE :v-S _D :C DO. --:. C: `.r- = EOM OL ._.k.`i :�;D - .` 0=' OLES . _=S 7-7 .1= n..J .. _... •_'ter: - _�_ iL.�_'..i �_ _-_ ...... .�� ...=.__Y_- :.... .1 �-�.-_ .Y: ... PAGE 2 BEFORE THE HEAVY RAINS. ALL OWNERS AR- ?AY--,;,:. (AC7U A: LY WHEN JOY CALLED ►E SHE GOT IMORE EXPLICIT PC-NTI�iG A FINGER AT ONE OWNER WHO SHE SAID WAS ALWAYS LATE rN-T H DUES AND NOW SHE HAS NEW CULVERTS & GRAV_L - I PRESLMEE SHE KNEW ;v 0 PA'D ON TIME SINCE SHE ASSISTED DEA`a Wlid T'.^:E 30C{S) - LAST, BUT NOT LEAST, BACK TO THE S FAVORITE SL3. EC - BILLIE SQUIRES ACTING AS -TREASURER. SHE IS VZRY AWAR.= 0; WHY AND WHEN I TOOK OVER THE JOB OF ISSUING THE CHECKS BESIDES COLLECTION OF DLc S . WE HAVE BEEN THROUGH THIS BEFORE ��vr.- \i A PREVIOUS TRUSTEE ME:I LADED AUDIT BECAUSE OF N HAT HE' c:-LT WAS . NEGLECT IN REPORTI�iG F INANC�A INiFCLI, -kT-O`i MONTHLY, iD OTHER ERRORS IN ALLOCATIOLi OF F'.7,NDS . D=.-`; HL:N, TE-R L TH-7 BOARRD TO :MOVE TO TORO;iTO, DOREEN 3ARR=E -'o TAKE OVER THE BOOKS AND STD GHTEN OUP � =DER-.3LE "rSS T'riAT THE BOOKS WERE IN. IM SURE DOREEV W=L= VOUCH FOR T IS AS SHE REPORTED TO THE BOARD T`'L THAT IT TOOK -`i71 , ;L��1Y =. S" TO CORRECT ALL THE ERRORS AND GET THE BOOKS RE.-.D`: TO GO TO THE CPA FOR THE TAX WORK. IT '.J:4S I�L�ORT NT TH A= C::R TA:{ES 3E DONE. ON TIME AS THE PREVIOUS YEAR . NiDER THE SA.`r'=`ASURZR ;vE WERE FINED $550 FOR LATE RE?OR=I`•iG OF T. {ES . -OUR co OUT OF THAT FIVE BY —LING _-.E IR T=A= --7 NC =D NO AGA-N A_\;D THAT �r-.:'3C T== C.=.�ir.D=.'.`" :R<.: 3 ZR -D `iG- ?-y- I:L�ORT�NC OF RE?ORT-_`iG-O;i _-`�. + __ • THE BOARD VOTED T:.AT THE CPA ;JC `.J DORED^- = A COST 0: S50. 00 PER .`!ONT: BUT -:E:i DOR==_`i CON--. Z7- AS TRE�Si °._3 ANDS.'_,,_ ?OI�i'- ��i-EV Z ..R=C- L.-' -\i._J _3C. r Ki DE�!A 3 0 0 K S 0 - _ J 0`VACA7I`VNRR:DG.3ACK AN S-D TO KT3C= =E`; --_ — - co OC:T So'.,,[:- CO` . J YOU ?EODLE _..I`iK - .-'•r ST=.-.�-G- iROUND THE 3USh. OVER THE TELEPHONE :0'! U�iTE? :'_�.D= �` _ `+r,-- - = - LI'\iDA S,z- Z.iS IS RL';N 70 A DAY C.-_-�V _- G���.r,_.= C TO ?URSiJ= THAT, BUT FOR RECORD, ~FOR -_._`� _`;CC -=J AND HAS G;L _RD _ANS- -? OF ONE ; - 104 Kelly Campbell (taxpayer) 12-11-93 416-9400 128th St Surrey BC Canada V3V 5W4 - 4246 Cody Rd Blaine, WA 98230 RECEIVED NOTICE OF WITHDRAWAL OF PROTEST!! 7, W .1/2 Cosimo & Maria G. Scali 12-11-93 1962 E 49th Ave Vancouver BC Canada V5P 1T3 01-13-94 9, W 1/2 Tim B. Breden 12-20-93 19869 28th Ave Langley BC Canada V3A 4P5 01-13-94 9, E 1/2 Tim B. Breden 12-20-93 19869 28th Ave Langley BC Canada V3A 4P5 01-13-94 1 1 A Par Mac Bav Inc. 1=-10-93 361 NE Guilman Blvd 4E Issaquah, WA 98027 01-13-94 11B Par Mac Bav Inc. 12-10-93 361 N-E Guilman Blvd =E Issaquah. WA 98027 01-13-94 32, N 1/2 Gilbert & Angela M. Holloway 12-1 1-93 7909 Carson Rd Blaine, WA 98230 01-03-94 39 Gem 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 i\iE Guilman Blvd 4E Issaquah, WA 98027 01-13-94 84B Par Nvfac Bav Inc. 12-10-93 361 VE Guilman Blvd RE Issaquah. WA 98027 01-13-94 ce 9A_60.030 WASBINGTOIN CRIMMMAL 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 Mote laws 19 7 7 -76, 2nd Ex.Sess.. ch. 38, Laws 1911. ch. 46. § 1. § 14. inner-ted "or duress" in subsec. (2). Laws 1937, ch. 78, § 1. Effective date- Severab111ty—Laws RRS §§ 2617. 2619, 2673, 2674, 2696- 1975--76. 2nd Ex.Sess_, ch. 38: See His- 2, 2696-4. torical Notes following § 9A.08.020. Former §§ 9.37.010 to 9.37.060. Source: Laws 1909, ch. 249, §§ 365, 367. 421. 422. Llbrary References False Pretenses at et seq. and elements, see Wash.Prac. vol. C-i.S. False Pretenses § 1 et seq. 11, WPIC 130.05, 130,06, Jun' instructions, obtaining signature by deception or duress. definition 9A.60.040. Criminal impersonation (1) A person is -guilty of criminal impersonation if he: (a) .assumes a false identity and does an act in his assumed character with intent to defraud another or for any other unlawful purpose; or (b) Pretends to be a representative of some person or organiza- tion 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. 2nacted by Laws 1975, 1st Ex Sess., ch. 260, § 9A-60.040. Historical Note 'owe Laws 1937. ch. 78. § 1. (awn 1909, ch. =49, §§ 363 to 365, 421, RRS §§_ 2615 to 2617, 2673. 2674,2696-2, 2696--i ;`` Former §§ 934.010. 934.020. 937.010, Laws 1911. ch. 46, § 1. 937.030 to 9-37.060. Cross References .ssur^12g to be attorney or officer of court, see §§ 7.20-010(6), 9-23.010(8). - grinccr or land surveyor• pra=cuag illegally is, see § 18.43.120. 376 FRAUD Liquor permit, procuring by false pretenses, se Military insignia, unlawful wearing, see § .38.4 Optometry, using false license, see §§ 18 3.14. Osteopathy, unlawful practices, see § 18.37.16C 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 §§ 13.92 Library Refer. False Personation -9- 1. 2. C False Pretenses —1 et seq. C 9A.60.050. False certification (1) A person is guilty of false cer7 authorized to take a proof or acknc which by law may be recorded, he ti the execution of such instrument ova thereto or that the execution thereof (2) False certification is a gross mi Enacted by Laws 1975, 1st Ex.Sess., ch. Laws 1975-76, 2nd Ex.Sess., ch. 38, 7 1:. Historical N Laws 1975-76, 2nd Ex.Sess., ch. 38. L § 15. substituted "A" for ".any" in subsec. C (1). L Effective date—Severability—Laws L 1975-76. 2nd ExSess., ch. 38: See His- L torical Notes following § 9A.08.020. F Source t Laws 1854, p. 33, § 87, Forgery 4-7(5). C1.S. Forgery § 26 et seq. Library Refer Notes of Decl: 1. Notaries public prc Person's notarization outside presence Thr of those whose signatures he is notariz- «'a ing falls within conduct proscribed by LAW OFFICES 5. CL JOHN C. 9ELCHER JACK 0.SWANSON CHESTER T. LACKEY JAMES M. DORAN TERRANCE G. LEWIS June 23, 1994 BELCHER, SWANSON, LACKEY, DORAN & LEWIS 103 EAST HOLLY STREET, SUITE 401 BELLINGHAM. WASHINGTON 9822S Commissioners Birch Bay Water and Sewer District 7096 Point Whitehori Road Blaine, WA 98230 RE: FORMATION OF ULID 94-A AND 94-1 Dear Commissioners: TELEPHONES (206) 734-6390 (206) 396-1146 FAX (206) 671-0733 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 specifically 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 confirmnaticn of the fi..^.al assessment role. That normally occurs after the improvement is in the ground and all the costs are deter-ni ned. If properties do not receive sufficient special benefits, then the law recuires that the District reduce the ' BELCHER. SWANSON, LACKEY, DORAN & LEWIS f 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 $15,000 per lot ranee which may well fall into this BELCHER, SWANSON, LACKEY, DORAN A LEWIS I 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°r by only a to 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 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 ,r' b326171249 ' y' M /21 11 ! 24 P02 MIS AIR t YAC�NT LAND PLIHCJ-APIZ A}ja � 41 C "t'm I%aqil .� �CI.Ai./r.tFF'EC>'S YCtrrlIEJ+� arG.�Ts, AI~S AC3iii!@11lCt,r �� *VpI UIi";_AE,t" } 4t1 rtRe:'edY,_V0 rU $,"'k LCJA AOVIC$ S6j,0, • 5rGA!lrrq rho a:) vr, _ P1 z c h a e T t 1^71ar1yr aGre;y rs Il�r, on +�� rOg,7wln� �. � � 7-�Ti � - - � �.. "���.. � f0 11rntq, nt 6rCLFrr/ lnoMrt _ �- • uJ 1 V t C rs; a - ' • ", t; t? ❑ tl r� �olnjl `t 1 t 8 � i71? � r. tech t �'c3rC 4� t l .tv,,',r;1IfCvIS w r"4sr,rt�rca [�atrww,l �Y.` 111 Z'U'J"m wig Sow cwmsr. I�rcltJMl. 4?V r�01 Ce•t_:',^C..�•1 : SlsatrttrrtlrA10E. 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Lr 11 9r0 �< 1S nrr �� y,L 1Q f ID El' it SelVrl r itl/erd c"', OR ,"+�rrw wet? /'W IC Qr_- � �—�� (,�J ,n';, j,r,Ir'11i::'r)t�Lc5S[s:rt..n !: rll1VA'dn11n:,/(.r�?trinq>-nd�atiH�4•vi-x AGEIk:Y OCLOSUnF- At u+.1 trJnp Vt Lhi ,ssIling Agent BOO T,a r 9 G _I?i,.-:cyc''UL1V4: Re;Aj F:�t�tN, In< nptlr,.nft4 � t 11�E.' G E 11 e r � ;rran n.r-„n S[rry rSre jrarrp y - ����. _IrjIhFLl.lInpAOrC7�1e, A!?C't} k}}~Op£Lr1~iLsd rlOrielnt.d �.he ste11er srigr`�t•nw[i[;�Cten+ia2AL;ir,;+-07,�'~'�--�— ker u, cis lrlrutuon. Eysr �A r! Spnc� I' I l.p OS7E I:�G •.riry C'rl W�'U.' 7'.7 w.V Mr1,), II WrO I,r iN -.71,wU r c•onu.pren: DEFAULT ANO A "I rrQOY'8 ILi9. IrIT! IJi'rv►;-p C9':':• 1 Orp r'••t,l, lrc ^G Ii.trM I:,•[, .VNC„( ti.;, /.Q;1 j (0't-wa Id cr �p:e1f V 1 [vltNlla 0' V arGltt m0rv/ Ut QdLI rr.�e D! C11 u:-fe• •,I..rl bo 10.1. Lei :o r,e 4t f•.] 11%1 ►�. ah1 fr _ „sN. rf"I U, :,:..`.: t7 er 9f9e' ;y eln:f, lii.:•t- (1) T}10 fLnl11 rnOnt rbpp7 nOl Vtc.gJ 6!: ul :x, cu­:rrFlf ?' C. (21 LI th,lir le pimi,t:ling ;r,t Dort t s- Y ?Or1 l; r a. at•ur.,L�. r+•'t a• ra.,l•.r:� r.,r ce[. t -�.cj�1�ChLy,'�..:i`;,� .t. '/ r.�..- , J , p�► µy y �:a•r,pl/ .Y Gw rCVr! ar.>•i rr !p:'r _ } �pon1 3rd n01 n41 �, a Nv� d: lq.i 1 n,irC ..:1 L e 17 `� �r...�.r ` +1r•_L girl `y i17nPle!>�iltrro,C/ui;va.d1:00.1'� 1.1:1:1tt;a:*,r".i-a•t.;Q'P.•._, CC_r;.::Te�•.Dal:JfNt�•:ir'.9`��'r�+tr'��;IaQe �.1. Cr i:l •-it'mr. 1.(.� ` a' �" r Y r Y CAW7 [. rr: tt , • .�•r:r i.�l: rr w!Z V 1_•e."i:.. , 4.� Y 7r^Evrer. BUu!t er A11r1t r rfu Iwl ur1 jwf'i�Ll. •Ccr c , n.t t�ya-rlr''--:'rJ '9 Cir:r'► t.,::v rCIpr X. L•^'.Idl �rr•y! 11►r I, :Yvf'.' :r :"A1 VI C ^7l! 01"J..;iAV•'f101(rll r^ i)f�:r_. rr_;':. CONOCT)CN VF' "rLl;. Uraeu te,. +.s`e4•r /t _A .•[sW -.r y ur r :_r �• - :r�n:[.�I [I tva,n;. R.c I; �.r y Intl •el a,.ra :v r:e v rY�fll�a: n;"!l.roft�.p:rn. _ YLuf G'Cr V'CQJ'r i,I1.i Lr. j 1'n 11 : f du) les I,r U : 9 .•e� r f ..r �' •�' rn art J. �rlt 'va .: i•: 1 •..:�,f. r. r:l npl rr a (�•af C/ vvl!! LA a Dlkt/ rclrra- � •!. ar..: �� . ...' � 7r<•'3. }.y7f.�ay t+- �r-l:Grr:.lr a"1a" :Jn':I r.tti�1 1731V•yrJ DY J_*,N Ir,a 1'TLIMSLrAA110E.603/1lvT :feLtrce, 'c'Q •;f^;i:Etrllr:art.:._.r' •Ili•- :.ont:tn flrQ ."naC,.1 prcy•�C! .... , . ...r ........ r [...v.-•r. ... .. ...... ._•� lf,n'il Ir•r'"J Yi. � .r � .. r � r - ^ rir.r t' 1 _ ... � .._ 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 To: SHELMAR ACCOUNTING TITLE CHARGES: Record Statutory Warranty Deed Record Trust Deed ESCROW FEES: Escrow Fees sales Tax Balance Due Escrow rotals 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 '10TICE: This estimated closing statement is subject to changes, corrections or additions at the time of final computation of closi Tescrow statement. MZgiiAE:1 it MU H� / ROBER D. PETRIE TL MARY E. PETRIE � •b CREDITS 1,000.00 14,232.16 84,000.00 26,332.86 125,565.02 f. I — Windermere Real Estate Birch Bay BAY STAR A LIMITER PARTNERSHIP Presented By: PETER LEWIS STEPHEN NELSON, C.P.A Ylndermere Real Estate/Birch Bay, Inc. -:903 '.'or an C, .o 5 -,e Nasn,n,q;cn 98230 206-371.7222 Fax 206-371 3340 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 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 !! 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. i I I fJ J Windermere Real Estate AIV CH 0k MA!V0R— (PRoPoreb) Z A CR-6-3 5-0 L 0 T.S S/NC�ZE FAM11.Y 14ovS/NG , 9 20 PIA CH 8AY Z YNb w ift4a 30 sa io + CHAS JAD80RQA r . ao17 ' M. BROWN Gl_EHMAN ETAL -y-JAVAG1A 5y-.w a 7S,r 1.16p-o I cam.°.ro. 4.41-A ( �.IF d.S 1ay +ii 485-4 � l N e oqq � y � y�5 SITE �yrl /. !s'A SITE —* 4 t 0 i Z m Now IS 11A 12.73A 12.75.y 12 73-A :� 71 6 5 Oly .7 1 615 �' r,� r,.°_ 1Y ,I• f °� � + �5 /jL xl �7i1 f_ �• �f�qi*-` 4 s�� ,%. sit I x �.1 a� ��o�l Itit�{yc�► �ci 1y� $7 3 r ..xQ I�.�ig� �� �;il 1�Z� 3$Libti lye e00.c 90.., 1 J�f.-�nSCv 141 x `r L�, •ej _'O6 {{ MMON :.4EA .y x1•r O13�r0 •M.�/M ww J 1 f .,5. �.• qki33� �. • DOUBLE _�1 61A O 13 '' + ,f4JJ V� r1f WAIIs.�cr 1 • ,[Illy `��1�3�u;. ,� r°'°4V x 0 f►} r J . 004F 0� l� Y 1150 x ,a �l o•c COMMON AREA � 1 xn,f0 lWindermere Real Estate/Birch Bay. Inc. NOTICE OF ADOPTION OF RESOLUTION OF INTENTION TO CREATE AND NOTICE OF HEARING ON CREATION OF UTILITY LOCAL UYIPROVEMENT 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. 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 % 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. Tlie 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. `,: bbwsdWbtrzwr :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 Asse or 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 Bra _lger Rd Blaine WA 98230 Lep-alDescription 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 Pnrcgo ngg Property RECEIVED General facilities charge = $707.00 DEC 15 1593 Local facilities charge = S77 )8.50 r.Ay NA 'fEht &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. f✓��R L�DU� �r-r-3-"'� b:,bnw-;&d')1rsw•r irm•.19739 NOTICE OF ADOPTION OF RESOLUTION OF INTENTION TO CREATE AND NOTICE OF HEARING ON CREATION OF UTILITY LOCAL EMPROVEIIENT 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 ("UI.ID 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% 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 % 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:'D©wwD\DhRU1-M %Tw19338 � j � (•(/ J 1 � J 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 al Descri tian 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 A ninst the Fore oin Property _ General facilities charge = $1497.00 Local facilities charge — $11896.50 Total = $13393.50 DEC 15 i99? QEWER DIST. 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. i'�jC� %",l0-rcJoTz or tA.-7) / Iq �.�;.Zr �'_ �o-��r) for— =l Z ��C✓�s7-�r( -r �L.1(L✓� ;is% i b:'bhwsd1dh1rzw,r trm%19339