HomeMy WebLinkAboutValleyVueresponseoct12017
Mr. Rory Dees
RAD Holdings, LLC
1040 W. Lake Sammamish Parkway S.E.
Bellevue, WA 98008
Dear Mr. Dees,
The Winsper HOA has received your two recent communications; however
neither of these represents a response to the proposal sent to you on our behalf
by our legal representative Mr. Greenfield of Davis, Wright and Tremaine (DWT)
March 14, 2017.
As per the hearing examiner’s final decision rendered on July 11, 2016, “In short,
the subdivision will never be finally approved by this decision unless and until the
applicant acquires emergency access rights across Tract H.” After this decision,
the Board, with the communities’ management company acting as its agent,
requested the services of Davis, Wright and Tremaine to represent us in this
matter.
For clarity, to summarize the position of the Winsper Community Homeowner’s
Association regarding the emergency access easement as set forth by DWT in the
March 14, 2017 letter:
• We do not believe the HOA is legally required to convey the easement.
• Nonetheless, the HOA is willing to convey the easement, subject to the nine
conditions set forth in the DWT letter (see attached).
• The HOA may be willing to discuss reasonable and minimal modifications to
the conditions described in the letter, if necessary, to allow the emergency
access easement to satisfy City requirements, but the HOA is not willing,
under any circumstances, to permit any use or disturbance, even on a
temporary basis, of any property outside of Tract H.
Sincerely,
Winsper Community HOA Board of Directors