[WSBAPT] creating legal lot by bequest?

[Mike Winslow]

RCW 58.17.040
Chapter inapplicable, when.
The provisions of this chapter shall not apply to:
(1) Cemeteries and other burial plots while used for that purpose;
(2) Divisions of land into lots or tracts each of which is one-one hundred
twenty-eighth of a section of land or larger, or five acres or larger if the
land is not capable of description as a fraction of a section of land,
unless the governing authority of the city, town, or county in which the
land is situated shall have adopted a subdivision ordinance requiring plat
approval of such divisions: PROVIDED, That for purposes of computing the
size of any lot under this item which borders on a street or road, the lot
size shall be expanded to include that area which would be bounded by the
center line of the road or street and the side lot lines of the lot running
perpendicular to such center line;
(3) Divisions made by testamentary provisions, or the laws of descent;
(4) Divisions of land into lots or tracts classified for industrial or
commercial use when the city, town, or county has approved a binding site
plan for the use of the land in accordance with local regulations;
(5) A division for the purpose of lease when no residential structure other
than mobile homes or travel trailers are permitted to be placed upon the
land when the city, town, or county has approved a binding site plan for the
use of the land in accordance with local regulations;
(6) A division made for the purpose of alteration by adjusting boundary
lines, between platted or unplatted lots or both, which does not create any
additional lot, tract, parcel, site, or division nor create any lot, tract,
parcel, site, or division which contains insufficient area and dimension to
meet minimum requirements for width and area for a building site;
(7) Divisions of land into lots or tracts if: (a) Such division is the
result of subjecting a portion of a parcel or tract of land to either
chapter 64.32 or 64.34 RCW subsequent to the recording of a binding site
plan for all such land; (b) the improvements constructed or to be
constructed thereon are required by the provisions of the binding site plan
to be included in one or more condominiums or owned by an association or
other legal entity in which the owners of units therein or their owners'
associations have a membership or other legal or beneficial interest; (c) a
city, town, or county has approved the binding site plan for all such land;
(d) such approved binding site plan is recorded in the county or counties in
which such land is located; and (e) the binding site plan contains thereon
the following statement: "All development and use of the land described
herein shall be in accordance with this binding site plan, as it may be
amended with the approval of the city, town, or county having jurisdiction
over the development of such land, and in accordance with such other
governmental permits, approvals, regulations, requirements, and restrictions
that may be imposed upon such land and the development and use thereof. Upon
completion, the improvements on the land shall be included in one or more
condominiums or owned by an association or other legal entity in which the
owners of units therein or their owners' associations have a membership or
other legal or beneficial interest. This binding site plan shall be binding
upon all now or hereafter having any interest in the land described herein."
The binding site plan may, but need not, depict or describe the boundaries
of the lots or tracts resulting from subjecting a portion of the land to
either chapter 64.32 or 64.34 RCW. A site plan shall be deemed to have been
approved if the site plan was approved by a city, town, or county: (i) In
connection with the final approval of a subdivision plat or planned unit
development with respect to all of such land; or (ii) in connection with the
issuance of building permits or final certificates of occupancy with respect
to all of such land; or (iii) if not approved pursuant to (i) and (ii) of
this subsection (7)(e), then pursuant to such other procedures as such city,
town, or county may have established for the approval of a binding site
plan;
(8) A division for the purpose of leasing land for facilities providing
personal wireless services while used for that purpose. "Personal wireless
services" means any federally licensed personal wireless service.
"Facilities" means unstaffed facilities that are used for the transmission
or reception, or both, of wireless communication services including, but not
necessarily limited to, antenna arrays, transmission cables, equipment
shelters, and support structures; and
(9) A division of land into lots or tracts of less than three acres that is
recorded in accordance with chapter 58.09 RCW and is used or to be used for
the purpose of establishing a site for construction and operation of
consumer-owned or investor-owned electric utility facilities. For purposes
of this subsection, "electric utility facilities" means unstaffed
facilities, except for the presence of security personnel, that are used for
or in connection with or to facilitate the transmission, distribution, sale,
or furnishing of electricity including, but not limited to, electric power
substations. This subsection does not exempt a division of land from the
zoning and permitting laws and regulations of cities, towns, counties, and
municipal corporations. Furthermore, this subsection only applies to
electric utility facilities that will be placed into service to meet the
electrical needs of a utility's existing and new customers. New customers
are defined as electric service locations not already in existence as of the
date that electric utility facilities subject to the provisions of this
subsection are planned and constructed.
[2004 c 239 § 1; 2002 c 44 § 1; 1992 c 220 § 27; 1989 c 43 § 4-123. Prior:
1987 c 354 § 1; 1987 c 108 § 1; 1983 c 121 § 2; prior: 1981 c 293 § 3; 1981
c 292 § 2; 1974 ex.s. c 134 § 2; 1969 ex.s. c 271 § 4.]


But don't get too excited, because the exemption does not mean that the
party ends up with a lot for which a building permit may be issued. The
Dykstra case says you can divide it, but if you want a building permit, then
you must follow the subdivision rules.

Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com

This message is from an attorney, so it’s confidential. If you are not the
intended recipient, it’s too late to stop reading this message, but you may
not use it for any improper purpose. Huge Disclaimer available upon request.

-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Melinda Grout
Sent: Saturday, April 02, 2016 12:38 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] creating legal lot by bequest?

Good weekend to those of you also working on a weekend:

I believe I remember a string in the past year or so regarding the creation
of a legal lot for which a deed can be recorded, which can be the result
simply of a Will identifying it as a bequest
am I dreaming?  Can’t find
those emails in my search, so I wonder if anyone else remembers anything
along these lines, and can point me to the emails?

And btw, if the sun ever does come out today, I am Not staying in this
office!  ;)

Melinda

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