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POWERS & THERRIERN
Fax:509-453-0745 Aug 13 2004 15:54
Powers & Therrien, P .S.
3502 Tieton Drive
Y8Idms, WA 98902
509-453-8906
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POWERS & THERRIERN
Fax:509-453-0745
Aug 13 2004 15:54
P.02
August 13, 2004
MR. AL SCALF, DIRECTOR
Jefferson County Department of Community Development
621 Sheridan Street
Port Townsend, W A 98365
Re: 44 Heron Rd.
Dear AI:
I am writing this letter as the owner of a townhouse in building 700 located on Heron Rd.
We are now all aware that there are serious problems with pennitting, title, and safety
that affect the units in building 700 and the buildings immediately south and north. All
were built without compliance with the Master Shorelines Management Program and the
Shorelines Management Act (the "SMA") because the Substantial Development Permit
("SDP") formerly issued with respect to the subject plat expired in 1998. In each case
Jefferson County issued building permits for the buildings and certificates of occupancy
at completion. Building 700 and the building immediately to the south encroached the
twenty foot setback from edge of the Heron Rd. right of way, a setback impressed with
obvious safety implications. Some of these were outlined in the engineering report
accompanying my response to the draft supplemental environmental impact statement
that was earlier circulated.
I have had the opportunity to review a letter from you to Ms. Saber addressing some of
the concerns identified above, other environmental concerns relating to PLA's failure to
comply with requirements for the maintenance of the lagoon, and the declaratory
judgment action that Jefferson County considered as a means of resolving issues between
residents of the Ludlow Bay area and PLA related thereto. I do not intend to respond to
the letter in detail herein. Its recitation in the first paragraph ofPLA's voluntary
disposition of building 600 suggests that Jefferson County has had some success in
reducing matters of dispute between PLA and the residents and property owners on
Ludlow Bay. I have had the opportunity to speak with Mr. Tittemess about the letter and
PLA's participation therein. I have expressed to him my appreciation for Jefferson
County's apparent intervention in the process and wish to encourage its continued
participation toward the resolution of remaining open matters. Mr. Tittemess encouraged
me to write to you.
While I have not spoken with all of the unit holders in the three affected buildings, I think
there is a resolution of major issues affecting them and PLA that can be readily executed
by Jefferson County:
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POWERS & THERRIERN
Fax:509-453-0745
Aug 13 2004 15:54
P.03
Mr, AL SCALF
August 13.2004
Pagc2
(1) Jefferson County will entertain applications from each affected unit holder for an
exemption from SMA compliance available to lot owners for residences built or
improved on such lots.
(2) In response to the applications, Jefferson County will grant formal exemptions to
each such affected lot owner.
(3) Jefferson County will not grant further building pennits within the area of the plat
until PLA has applied for and been granted a new SDP covering the proposed
improvements on the plat and brought the lagoon into compliance with the conditions of
the original SDP, all of which continue to burden the lots and PLA.
(4) Consistent with the agreements associated with the building permits covering the
affected lots, Jefferson County will require PLA at its cost to cure the setback issue by
moving Heron Rd. 20 feet westerly.
Bach of the foregoing four items is within the authority of Jefferson County and is proper
in response to existing violations by PLA of the Jefferson County Master Shorelines
Development Program and the SMA, the original SDP covering the townhouse plat~ and
the building permits. The proposed cure resolves most of the title issues that were
created when the original SDP lapsed, PLA applied to Jefferson County for and was
granted building permits conditioned upon an effective SDP, and Jefferson County
certified that the lots as built out were in compliance with pennitting requirements by
granting certificates of occupancy. The proposed cure resolves safety issues that were
addressed by the setback conditions ofthe building permits and provides evidence that
Jefferson COWlty is concerned about such safety issues. Tho proposed cure resolves the
problem of the lagoon's noncompliance with the SMA and the conditions set forth in the
original SDP issued to PLA's predecessor.
Absent a resolution; I will tender the title issues affecting my unit to my title insurer. The
title insurer will without doubt pursue its remedies against PLA, John L, Scott Realtors,
and Jefferson COWlty for their separate role in creating a cloud on the title to my
improved lot. Other owners in the three affected buildings will undoubtedly join me in
tendering such claims and in preferring claims against PLA, John L. Scott Realtors, and
Jefferson County for their participation in creating and conveying defective titles. There
have already been at least two accidents on Heron Rd. resulting from its improper design
of the roadway, a design approved and continued by Jefferson County. Considering the
content of the engineering report, referenced above, Jefferson COWlty is on specific
notice of the safety issues and the need to correct same. Reference is made to your letter
of August 10, 2004 to Ms. Saber, The litigation discussed therein would be paled by the
litigation that will arise if the matters referenced in this paragraph are not satisfactorily
resolved.
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POWERS & THERRIERN
Fax:509-453-0745
Aug 13 2004 15:55
P.04
_ ' U,M
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Mr. ALSCALF
August 13,2004
Page 3
Please be advised that absent your confirmation of compliance with the terms of this
letter within fourteen days hereof and in addition to the tender of the title issues outlined
in the preceding paragraph~ I have instructed counsel to bring an action to compel
Jefferson County to bring the affected units, including minet and the plat into compliance
with law to cure title defects associated therewith, and to compel PLA to bring the plat,
including the lagoont and its participation in the development thereof into compliance
with law.
As I informed Mr. Tittemess, I want to assure you that I do not oppose the development
of the master resort at Ludlow Bay or the plat. I want assurance that the master resort,
including amenities promised by PLA and its predecessor to the residents, or substitutes
thercfore~ will be timely developed to completion. that the development will be consistent
with law and that the development will be consistent with safety considerations of the
residents.
Sincerely,
~A-/~~~
Leslie A. Powers
Imrb
pc; Mr. Tittemess via email
Mr. Huntingfbrd vlaemail
Mr. Rogers via ernail
Mr, Alvarez via emait
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