From: Rachel Gay Rosser [saverosserhome@yahoo.com]
Sent: Thursday, February 27, 2014 7:42 PM
To: Hill, Elizabeth; Amy Calderwood
Cc: Peter Ray; Andrewgniss; Truman O'Brien; John (Jack) R. Venrick
Subject: Re: Survey
Elizabeth,
Good morning.
We agree that the
surveys have not met KCC, WAC and RCW and thank you for sending the information
about the other state agencies. Page 1 of the 3
pages of information attached to your email was missing, was it intended to be
sent as well?
The reason we contacted
the KC Ombud Office was because a KC Agency has allowed non-compliance to law
and regulation, has not responded as codes designate to our complaints & by
doing so have allowed negative impact to our private property. The
surveys are but a part of what is in non-compliance and KC Administrative
Agency DDES/DPER is designated in KCC as who to contact and request compliance
enforcement.
Additionally had the KC
Recording office looked at the survey dated June 3, 2009 by Mr. O'Hare that was
filed July 2009 to make sure that the legal description met the mapping as law
and regulation requires, and it does not, the survey would have been rejected.
Therefore had that KC Agency met the administrative oversight as is
designated KCC, WAC & RCW this mess could have been avoided.
Also DDES/DPER is in the
business of looking at surveys and knowing the law and regulations that are required
when changing property lines associated with a project. Had that KC
Agency upheld KCC, RCW & WAC regarding VPD and the use of private land
against the citizens wishes that the citizen has and is paying taxes on then
this mess could have been avoided.
We understand that the
KC Ombud has oversight when a KC Administrative Agency is not
adhering/enforcing KCC, WAC and RCW. We are still waiting for the
DDES/DPER to respond & resolve, it has been 3 years now since our 2 March
2011 filed complaint.
None of the surveys
being referred to and utilized by the Vashon Parks on Vashon School District
#402 property designate previously existing property lines and designate new
lines as code requires. Nor has a review to alter a lot line or
borderline adjustment or change been accomplished as codes require and
filed in KC Assessors Office.
If your office has been
able to find surveys recorded & documents containing this information,
please provide us with copies.
To make our point clear
we repeat, there has been NO survey in compliance to law and regulation &
no review process as codes and regulation require to move, alter or change the
lines as existed and documented since 1864 & 1912 in any KC Agency. Again
if we are incorrect in this please provide us with the information. Thank you.
As this situation moves
forward to move the water tanks the 50 feet from the property line & adhere
with KCC & the electric poles, stadium lights, dugouts, bleachers,
sprinkler systems, structures, replacing monuments & etc. to bring into
County & State code compliance it is imperative that a property line be
established that adheres to law and regulation to measure from. This
seems an extremely important first step for us to attain. This would be
the existing lines established 1864 and 1912 and as VISD #402 accepted and VPD
accepted 1947 and VPD accepted 2008.
Has your office been
able to find any surveys that document and map the pre-existing utility
corridors on these parcels? If so please provide us with a copy.
Thank you.
Elaine Ott from the VPD
says she has been in touch with you. That is good that we are all
beginning to communicate with a focus to do the right thing and bring the
project into law and regulation & code compliance. And to repair the
damages that are a result of the non-compliance and not adhering to the permit
as approved a C&G Type 1.
You may have tried to
call us, my phone is not reliable. The most secure way to reach and
communicate is via e-mail.
Let us know if there is
anything we can do to assist in this matter.
Thank you for your time
and efforts.
Margaret and Gay Rosser
Friends and Neighbors of
saverosserhome@yahoo.com
On Wednesday, February 19, 2014 6:17 PM, "Hill,
Elizabeth" <Elizabeth.Hill@kingcounty.gov> wrote:
Gay:
I did find a checklist
for Survey maps being recorded which is attached. The only thing I
see that might apply is what I highlighted in yellow which is under
miscellaneous and relates to changes to a previously filed survey.
Let’s talk this part over.
Elizabeth Hill
Senior Deputy
Ombudsman for Rural and Unincorporated Area Affairs
King County
Ombudsman’s Office
516 Third Avenue, Room
W1039
Seattle, Wa.
98104-2317
206-477-1058
This email is a public
record and may be subject to public disclosure
From: Hill, Elizabeth
Sent: Wednesday, February 19, 2014 6:00 PM
To: 'saverosserhome@yahoo.com'
Subject: Survey
Gay:
Your issues with
survey are complex. I will try here to simplify the issues into three
categories:
1) When there is an issue with the technical quality of a
survey, that should be worked out with the private surveyor that you
hired. Generally in my experience, a surveyor will be happy to
explain how they established boundaries. If you can not get any
resolution to your issues with your surveyor you can contact the Washington
State Department of Licensing and file a complaint regarding the surveyor.
Although again, a face to face meeting with your surveyor going over the
drawings would likely yield good results. Most surveyors are bound by
their ethics to do the best job they can. Here is a link to their
complaint form and process.
2) When Monuments are removed they need to be
replaced. This issue is managed by the Washington State Department of
Natural Resources. I have included their contact information in the
email below and I have discussed your issue with the Washington State
Department of Natural Resources and they are expecting you to contact them.
3) The County’s responsibility under RCW 58.09.110 is to accept for
recording those records of surveys and records of corner information that are
in compliance with the recorder’s checklist. There are six items in
RCW 58.09.110 which the County is to do. These items are included
in the attached pdf and they generally have to do with record keeping and they
do not include checking the underlying technical work of the surveyor.
From what I understand about your complaint about the surveying
issues, your complaint is not that the County failed to perform one of the six
responsibilities on the list in RCW 58.09.110, but instead that the underlying
survey data was in error. For this reason I believe that you need
to resolve the survey issue with the surveyor and failing that with the
Washington State Department of Licensing.
I know you may feel
that you are getting the run around, but State Law has clearly divided the
responsibility for 1) overseeing work done by private surveyors to the
Washington State Department of Licensing , 2) replacing survey monuments
to the Washington State Department of Natural Resources, and 3) recording
surveys to the County.
If you believe that
the County did not fulfill its duty as defined by RCW 58.09.110 (attached)
please let me know, otherwise, I can help you get to the right folks in the
other agencies that look at survey quality and monument replacement which I
know are two of your concerns.
I am still working on
the setback and drainage issues which are issues as the County does have
jurisdiction on those issues through DPER.
Thank you again for
showing me your issues yesterday. Have a good evening.
Elizabeth Hill
Senior Deputy
Ombudsman for Rural and Unincorporated Area Affairs
King County
Ombudsman’s Office
516 Third Avenue, Room
W1039
Seattle, Wa.
98104-2317
206-477-1058
This email is a public
record and may be subject to public disclosure
From: Hill, Elizabeth
Sent: Wednesday, February 19, 2014 4:09 PM
To: 'saverosserhome@yahoo.com'
Subject: FW: Survey
Gay:
I spoke with John
Gasche today at Washington State Department of Natural Resources.
His direct line is 360-902-1230. John said if you can let him know
which monuments were removed he may be able to help.
If you do call him, I
encourage you to focus just on the monument removal. That way John can
help you with that since that is in his jurisdiction.
I will continue to
work with you on the setback and drainage issues.
I know you have other
concerns but I am trying to sort through the issues and get the right folks on
each issue. Over the years I have found that to work best.
Elizabeth Hill
Senior Deputy
Ombudsman for Rural and Unincorporated Area Affairs
King County
Ombudsman’s Office
516 Third Avenue, Room
W1039
Seattle, Wa.
98104-2317
206-477-1058
This email is a public
record and may be subject to public disclosure
From: Hill, Elizabeth
Sent: Wednesday, February 19, 2014 3:55 PM
To: 'saverosserhome@yahoo.com'
Subject: Survey
Gay:
Thank you for showing me
your property yesterday and the issues at the Park. You
talked about a number of issues including removal of survey monuments.
The Agency I have worked
with on past projects with regard to removal of survey markers is:
Washington State
Department of Natural Resources. Here is a link regarding their required
permits for removing and restoring monuments.
This may be helpful to
you in terms of getting survey monuments restored.
Elizabeth Hill
Senior Deputy Ombudsman
for Rural and Unincorporated Area Affairs
King County Ombudsman’s
Office
516 Third Avenue, Room
W1039
Seattle, Wa.
98104-2317
206-477-1058
This email is a public
record and may be subject to public disclosure