HomeMy WebLinkAboutAttorney’s Letter from Davis Wright Tremaine LLPLDavis Wright
.. Tremaine LLP
March 14, 2017
VIA US MAIL
Mr. Rory Dees
RAD Holdings, LLC
1040 W. Lake Sammamish Parkway SE.
Bellevue, WA 98008
Re: Winsper Community Homeowter's Association
Dear Mr. Dees:
Suite 2200
1201 Third Avenue
Seattle, WA 98101-3045
James A. Greenfield
206.757.80155 tel
206.757.7055 fax
jinlgreenfield cz dwt.eom
We represent the Winsper Community I Homeowner's Association ("Winsper HOA").
I understand that you have requested that the Winsper HOA convey to RAD Holdings LLC
("RAD") an emergency access easement upon the Winsper HOA's Tract H in order to satisfy
one of the conditions of the Final Decision Upon Reconsideration by the City of Renton upon the
Valley Vue Preliminary Short Plat dated July 11, 2016. I further understand that you have based
your request upon a note on the face of the plat of Winsper Division 1, recorded on March 14,
1989 (the "Plat Note").
For a number of reasons, we believe that the Plat Note may not require the Winsper HOA to
convey such an easement to RAD. Nonetheless, in order to avoid a protracted dispute, Winsper
HOA is willing to convey an emergency access easement to RAD upon the following conditions:
1. The easement shall be for emergency access only and only upon Tract H.
2. The easement shall conform to applicable fire access standards of the City of Renton, but
shall be constructed with a 12 -foot wide permeable surface material, within a total of 20
foot clearance area. RAD must! engage the services of a project design specialist for a 12
foot wide permeable surface fire lane with a buffer zone on each side. The design
elements must be consistent with the elements in the Winsper Community and must be
presented to the Winsper HOA Ior approval prior to any construction. DGS or grass
pavers are preferred. The emergency access must be at least 6 feet from the property line
of tax lot 39 (618 S 32nd Place), which may result in the emergency access lane being
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March 14, 2017
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slightly off center within this easement. Construction of the emergency access
improvements within the easement shall occur entirely within Tract H. The easement
will convey no rights of use — temporary or otherwise — to any other property within the
Winsper Community.
3. Proper drainage must be installd along the downward side of the easement abutting the
property line of tax lot 39 and along the shared property line between tax lot 28 and Tract
H.
4. RAD must install a fence at the property line dividing Tract H and the RAD property.
The fence must have a lockable gate. The design of said fence, gate and lock must
conform to Winsper HOA CC&Rs and Renton Regional Fire Authority ("RFA")
standards and must be approved by the Winsper HOA and the RFA prior to construction.
The gate must be locked at all tIimes unless required temporarily by the RFA. The key is
to be held by the RFA only. Winsper HOA, the RAD, or any other current or future
owner of that RAD property or Winsper property shall not have or be given a copy of that
access key.
5. RAD will be responsible for d shall promptly pay all costs associated with the
improvements, including design, development, permitting, legal fees (including
reasonable Winsper HOA lega� fees) and will pay Winsper HOA $15,000 to establish an
endowment fund to cover the cost of future superficial maintenance and miscellaneous
administrative fees which need to be paid by the Winsper HOA. RAD shall not allow
any statutory liens to be placed on Tract H and shall have no authority to bind Tract H for
purposes of any statutory liens.
6. RAD and its successors and as�'Iigns shall be solely responsible for the longterm
maintenance and repair, if necessary, of the emergency access improvements. RAD may
request access periodically to inspect such improvements and, if necessary, make repairs.
Winsper HOA shall not unreasonably deny such request.
7. RAD shall indemnify, defend and hold Winsper HOA harmless from and against any and
all liens, claims, costs, expenses (including attorneys' and experts' fees), injuries or
damages arising out of or involving any entry onto Tract H or any construction, use or
maintenance activity allowed by the easement. RAD will at all times maintain adequate
commercial general liability in�urance and will name Winsper HOA as an additional
insured. Any such activity shall be undertaken only after securing any necessary permits
from the appropriate governme-ptal agencies, if any, and providing Winsper HOA with
appropriate certificates of insurance.
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March 14, 2017
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8. RAD will preserve and protect all utilities currently occupying Tract H. These include,
without limitation, telephone and cable utilities and the drainage system along tax lot 39.
9. RAD will relinquish all other real property interests it may have in the Winsper
Community properties, including but not limited to Winsper Tracts H and G, by
delivering a quit claim deed to the Winsper HOA. RAD shall also convey to the Winsper
HOA a restrictive covenant upon the Valley Vue properties limiting subdivision to two
lots as provided in the City of Fenton Preliminary Short Plat LUA 16-000272.
If these conditions are acceptable to RAD, please let me know and I will prepare the necessary
documents for your review.
Very truly yours,
Davis Wright Tremaine LLP
Ja es A. Greenfield
cc: N. Lynn Rastelli -Lee, Winsper OA President
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