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HomeMy WebLinkAboutWinsper Community Homeowner's Association Response LetterWinsper 3125 Wells Ave. S. Renton, WA 98055 Clark H. Close Senior Planner Department of Community & Economic Development— Planning Division 1055 S. Grady Way Renton. WA. 98057 CITY OF RENTON RECEIVED JUN 3 0 2017 DEVELOPMENT SERV!CES June 29, 2017 Clark H. Close Senior Planner Department of Community & Economic Development— Planning Division 1055 S. Grady Way Renton, WA, 98057 Subject: Winsper Community Homeowner's Association Valley Vue Short Plat, LUA16-000272, SHPL-A, MOD Dear Mr. Close The Board of the Winsper Community Homeowners Association would like to acknowledge receipt of your letter dated June 2, 2017 regarding the Valley Vue Short Plat, LUA16-000272, SHPL-A, MOD and the civil construction permit (C17001891) related to this Plat. 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, made several requests of Mr. Dees to supply, for review, the conditions or legal document by which he proposed transfer of easement rights through Tract H would be accomplished. Mr. Dees never complied with these requests. Instead, the president of the Board began receiving daily phone calls on their private number, when Mr. Dees was specifically requested to communicate through the management company. Ultimately, Mr. Dees made veiled threats regarding legal action, which prompted the Board to hire legal counsel on behalf of the Winsper Community. Since Mr. Dees did not seem to have found it necessary to submit a proposal for accomplishing the transfer of the easement rights through Tract H, the Board, through its legal counsel, presented a proposal to Mr. Dees. Mr. Dees has never responded to this. In fact, until receiving a copy of this proposal from the City, we had not even had confirmation from him that he had received it, although there was little doubt that he had. For clarity, let me summarize the position of the Winsper Community Homeowner's Association regarding the emergency access easement as set forth in our attorney's March 14, 2017 letter to Mr. Dees: • 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 conditions set forth in the letter. • The HOA is willing to discuss reasonable modifications to the conditions described in the letter if absolutely 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. As stated in the hearing examiner's decision, the Board understands that no construction permit will be granted by the City for the Valley Vue Short Plat until such time that an agreement is reached between the Winsper Homeowner's Association and Mr. Dees regarding the matter of the easement rights across Tract H. Regards, - /L i i 4E nn stelli-Lee Winsper HOA President cc: Charles Vincent Jennifer Henning