4910 27TH AVE W 2018-01-02 MF Import

Previous legal descriptions reflected the fact that Edward Novack acquired the propety in a series of transactions from various grantors. Sometime prior to 1970 Novack or previous owners prevailed on the Snohomish County assessor under RCW 84.56 to make various segregations for tax payment purposes. These segregations are reflected on the assessor's quarter section maps. (See Exhibit D). The property subject to the Novack Recorded Survey included property labeled on the assessor's map as segregations 01, 02 and 03 of Lot 38 of David's Marine Acres and 4-006, 4-007 and 4-009. The Novack Recorded Survey consolidated these into Parcel A (4-006. 4-007, 4-009) and Parcel B (38-01, 02, 03). The "Exception" comes out of a combination of part of Parcel B, designated as 003 of Lot 38 David's Marine Acres and 4-007. Neither of these segments from Parcel A and Parcel B as described in the Novack Recorded Survey, contain sufficient area to be suitable for building. (38-03=7750 + sq. ft., 4-007= 5620 + su, ft.) When tacked they exceed the 12,500 sq. ft. requirement of the applicable RS zone. Contentions. It is contended as follows: 1. Dever Construction Company, Inc. acquired no legal interest in any separate parcel or parcels which is now sought for the "Exception" and therefore none exists. The Novacks description did not spell out separate lots, none were created and none conveyed. 2. The Novacks, by the Recorded Survey, merged all the previous descriptions and any separate aspects to individual lots in the property, into two parcels, A and B, and that was what was conveyed. The Novack Recorded Survey extinguised and obliterated any claim to separateness in various previously described parcels. Whatever prior rights Novack had vested in the parcels as separately described parcels of property were divested and extinguished by the merger of all the property segregations into Parcels A and B pursuant to RCW 58.09 and applicable City Coder. 3. The tacking together of two tax lot segregated parcels, neither of which alone meet minimum lot size, constitutes a platting activity subject to the requirements of state platting law and applicable city ordinances. Argument and Legal Authority. The legal description which conveys property to Dever Construction Company, Inc., although it uses different language and starts at a different point of begining, describes a single parcel of property which is the same in all respects to the one described in the Novack Recorded Survey except for the 100 foot square parcel upon which the house sits and was sold by Novack to the Wight and Hardt partnership "Village Properties" and then resold to Richard and Jane Farrar. Nothing in the description separately defines the lot shown as "Exception" on the "Short Plat" drawing for the Short Subdivision subject to the above referenced appeals. The Recordation of the Survey by Edward Novack and subsequent conveyence of the property subject to that survey to Dever Consrtuction Company, Inc. conveyed a single parcel of property, any division of which is subject. 'to the provisions of Chapter 58.17 RCW, other N