AR25-047 Staff Decision - Laserfiche WebLink

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Marion County Septic commented: Note: All properties/lots less than 10-acres should have a site evaluation to establish septic feasibility. Marion County has a record of the existing septic system serving the dwelling located under permit # 97-0442. The system is located approximately 40ft east of the dwelling and should meet a minimum 10ft setback to property lines. All other contacted agencies either had no objections or did not respond. 7. Marion County Code (MCC) 17.114.040(A) states: “Notwithstanding MCC 17.110.680 and Chapter 17.172 MCC, any lot created by deed, plat, or subdivision prior to September 1, 1977, is considered legally created for the purposes of applying the land use code.” MCC 17.172.120(C) also states: “Except as provided in subsections (A) and (B) of this section, all property line adjustments shall require approval under the partitioning procedure if the adjustment exceeds ten percent of the total land area of the smallest affected parcel.” 8. The earliest deed Staff could find for the area that is the TL 1100 is in Volume 584, Page 177 (March 26, 1964). In that deed Parcel 2 ALSO describes an area of approximately 65 -70 acres south of Arndt Rd NE that includes TL 1100, 1101, 041W02B000101, 200, 300 (land to the east of Boones Ferry Rd). At this point in time, TL1101 is not a separate portion, but a part of TL 1100 - the bulk of the land described as “Parcel 2 Also.” This indicates that TL1100 includes modern day TL 1101. On December 14, 1982, Earl L. and Ann R. Klinge transfer property to Rex Denison via Reel 297, Page 987. This transaction involves 32 acres south and east of subject lots in section T4s, R1W Section 3, the equivalent of the southern portion of TL 510256 (041W030000100). This transfer uses the “Also” language to include approximately 65-70 acres that includes all of TL 1100, TL 1101 and TL 1200-1700. This includes all subject lots, and land to the east of Boones Ferry. In 1993 Lester W. Arndt transfers tax lot 1100 to George and Marti Ambrose through Reel 1047, Page 274 (April 02). At this point in time TL 1101 is a part of TL 1100. Tax lot 1101 first appears in a deed as a separate parcel in 1995 (Reel 1257, Page 329 (August 25): Lester W. Arndt to George and Marti Ambrose. Then on the same day the Ambrose family transfers TL1101 by itself to the Earl M. and Anne Klinge through Reel 1257, Page 330 (August 25, 1995). Staff was not able to locate a means (partition, property line adjustment, etc.) by which TL 1101 was legally partitioned off of TL 1100 prior to September 1, 1977, the date Marion County subdivision and partition regulations were adopted. In 1997, Elmer P. and Hazel Lee Arndt transfer modern day TL 1300 to George and Marti Ambrose through Reel 1420, Page 263 (August 25). This parcel is listed as having a 2019 dwelling on it today. This lot was a part of the original TL 1100. This parcel changed hands again in 2003 (Jan. 13) via Reel 2052, Page 205: George and Marti Ambrose to Gregory K. and Sallie L. Hulbert. In 1998 TL 1100 is transferred by Anne R. Klinge to the Trustees of the Earl M. Klinge & Anne R. Klinge Trust via Reel 1461, Page 665,(Feb. 11, 1998). This transaction has TL 1600 as a parcel, and TL 1101 as a separate parcel and several other parcels including an “ALSO” that includes the 65-70 acres south of Arndt Rd. and lands East of Boones Ferry Rd, that includes TL 1100. On January 11, 1999, Lester W. Arndt transfers a parcel of land to George and Marti Ambrose by Reel 1557, Page 117. This deed lists the transaction as being the property recorded in Reel 1047, Page 274 from 1993. This transaction transfers the bulk to TL 1100 and uses “Save and Except” to carve out and area equivalent to the area of TL 1200-1700. This deed uses “Also Save and Except” for area equivalent to TL 1101 as a separate parcel. In January 2003 George and Marti Ambrose transferred TL 1100 to James A. and Beverly F. Farley family though Reel 2054, Page 39 (Jan. 15). This transfer is similar to the transfer in January 1999 (Reel 15 57, Reel 117). Transfers the bulk to TL 1100 and uses “Save and Except” to carve out and area equivalent to the area of TL 1200-1700. This deed uses “Also Save and Except” and area equivalent to TL 1101 as a separate parcel.