From: Dan Zinder
Sent: Thu Nov 12 16:47:53 2020
To: Gerald Fisher; Mike Penunuri
Cc: Mac Corthell
Subject: FW: fence a cross end of Tract B at 803 Toliver Rd
Importance: Normal
Gerald and Mike,
Apparently somebody, presumably the Whites, have welded the gate shut between the cul-de-sac and HOA easement/property. We have received a correspondence from the HOA’s attorneys. If either of you corresponded with the Whites on this matter could you please forward me those emails as we initiate our enforcement case.
Thank you,
Dan Zinder
503.759.0226
From: Dan Zinder
Sent: Thursday, July 2, 2020 9:33 AM
To: 'Bev White' <grovenhurst@wavecable.com>
Cc: Mike Penunuri <penunuri@molallafire.org>; Gerald Fisher <gfisher@cityofmolalla.com>
Subject: RE: fence a cross end of Tract B at 803 Toliver Rd
Ok Bev. I will be around today.
I am looking at the plat and the conditions for 803 Toliver. It is absolutely true that no parking or obstruction of any kind can occur on Tract B. That tract was made for private access (yours) and emergency vehicle access. I can show you this when you come by. Tract B must be kept clear. This is a typical restriction/condition for properties located (75+ feet?) from a public street.
I do not have the CCRs for the subdivision. They may or may not restrict others from passing through Tract B, though that is not a matter that can be enforced through the Planning Department. In this case, The Planning Department can provide guidance for what can and cannot be built.
Given the plat restrictions and house conditions, the City could not approve any physical barrier along Tract B.
Best,
Dan Zinder
503.759.0226
From: Bev White <grovenhurst@wavecable.com>
Sent: Wednesday, July 1, 2020 4:41 PM
To: Dan Zinder <dzinder@cityofmolalla.com>
Subject: fence a cross end of Tract B at 803 Toliver Rd
Dan,
Thanks so much for listening to my diatribe on the history of Tract B of the plat of Trinity Estates. I have accumulated those documents that date from the City first agreeing to do the plat; I have written a history of the documents that define the reality of the private driveway easement. I will drop them off for you at City Hall tomorrow.
I did find the names of the folks you wanted. It was Gerald Fisher at Public Works who wrote the letter to HOA members that stopped the parking on the easement. It was Mike Penunuci at the Fire Department who called me; Vince Stafford was Fire Chief. Mike is on vacation until the 13th of August. I left a phone message telling him the information you wanted. It was Gerald Fisher who called me around April 18th, 2018 to tell me, “the Fire Department works with the HOA and you can just live with it.”
Tract B has a triangle at the north end which takes the easement all the way to the north end of our property. In order to comply with making access to their backyard from Tract B we have gated and will fence (or make a barrier) across from the beginning of the angle across so there is room to turn into their driveway and the gate to their backyard. It makes our easement end in a square and not an angle. It would be great if you were to drive up Tract B (don’t park on the pavement; use the concrete to park) and see the development of the house, drive and landscaping. Maybe even watch some kid riding their bike up the easement and getting it around or through the gate, which is thereby not serving as a barrier.
In that same file with the names you wanted I did find the definition of a Class B Misdemeanor: annoy or bother in a constant or repeated way. Serves no useful purpose beyond creating alarm, annoyance or emotional distress.
My email is grovenhurst@wavecable.com; my phone is 503-799-2845 Again, thank you for your patience.
Bev