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v1Yy. ILLLUmay'S office <br />November 13, 1990 <br />City of Everett <br />Department of Public <br />Director <br />3100 Cedar <br />Everett, WA 98201 <br />ELMER E. JOHNSTON, JR. <br />ATTORNEY AT LAW <br />3411 OAKES <br />EVERETT, WA98201 <br />City of Everett <br />Works Building Department <br />Asst. Director Larry Crawford <br />3100 Cedar <br />Everett, WA 98201 <br />City of Everett City of Everett <br />Office of City Attorney Department of Planning & Comm. Dev. <br />James Iles, Asst. City Attorney Director Paul Roberts <br />3002 Wetmore 3002 Wetmore <br />Everett, WA 98201 Everett, WA 98201 <br />Hand Delivered <br />Re: Revised Mitigated DNS SEPA No. 36-89; Short Subdivision No. 7-89 <br />(Revised); Building Permit No. 25612 - Sterling Homes, N.W. Inc. <br />Gentlemen: <br />The purpose of this letter is provide you with information and <br />argument on behalf of my clients that demonstrates that the "Exception" <br />lot upon which the above referenced building permit was issued has no <br />basis for being considered an exception upon which a building permit can <br />be issued. This is because it has no separate identity and at the time <br />acquired by the owner, had no separate identity. <br />Factual Basis. <br />The issuance of the building permit to Sterling Homes N.W. Inc. <br />number 25612, at this time rather than after being approved as part of a <br />plat, is predicated upon the assumption that the "Exception" is a lot <br />that legally exists separate and apart from the property which Dever <br />Construction Company, Inc. made subject to Short Subdivision No. <br />7-89(Revised). Dever Construction Company, Inc. took both the <br />"Exception" and the portion subject to the Short Subdivision by a single <br />deed from Edward and Lorraine Novack, dated July 26, 1989, recorded <br />under Auditor's Number 8907280296, vol.2250 page 6620 (See Exhibit A <br />attached hereto). Please note the legal description attached to said <br />deed does not spell out or describe any separate lot such as is included <br />as "Exception" on the short subdivision map and described on the <br />building permit documents. (See Exhibit B). <br />Edward Novack had the entire property which he later conveyed to <br />Dever Construction Company, Inc. and others, surveyed in December 1987. <br />The survey was recorded pursuant to RCW 58.09 and the applicable City <br />Ordinance at 11:19 am, April 26, 1988, volume 26 pagge 262, surveys, <br />under auditor's number 8804285002. This will be referred to as the <br />Novack Recorded Survey. (See Exhibit C). <br />I <br />