Sounds good.
Regards,
Gerald Fisher, P.E. | Public Works Director
City of Molalla
117 N Molalla Ave. | PO Box 248 |Molalla, OR 97038
Office: 503.829.6855 | Direct: 503.759.0218
CONFIDENTIALITY NOTICE: The information contained in this email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient and have received this communication in error, please contact the sender by reply email and destroy all copies of the original message. Thank you.
From: Dan Huff <dhuff@cityofmolalla.com>
Sent: Monday, October 26, 2020 12:40 PM
To: Gerald Fisher <gfisher@cityofmolalla.com>
Subject: RE: Sharp Easement
Maybe we keep this in our back pocket when we want to irrigate on Colemans property in the future. We can craft a whole new agreement then.
From: Gerald Fisher <gfisher@cityofmolalla.com>
Sent: Monday, October 26, 2020 11:11 AM
To: Dan Huff <dhuff@cityofmolalla.com>
Subject: FW: Sharp Easement
This went on the back burner last spring. Do you want to do anything about it or let it go for now? I can keep it on my list of to do things in the future. The Sharps are out of it so we shouldn’t have a problem getting it updated, but again it not a high priority.
Regards,
Gerald Fisher, P.E. | Public Works Director
City of Molalla
117 N Molalla Ave. | PO Box 248 |Molalla, OR 97038
Office: 503.829.6855 | Direct: 503.759.0218
CONFIDENTIALITY NOTICE: The information contained in this email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient and have received this communication in error, please contact the sender by reply email and destroy all copies of the original message. Thank you.
From: Chad Jacobs <chad@gov-law.com>
Sent: Thursday, April 16, 2020 6:14 PM
To: Dan Huff <dhuff@cityofmolalla.com>
Cc: Gerald Fisher <gfisher@cityofmolalla.com>
Subject: RE: Sharp Easement
ATTORNEY/CLIENT COMMUNICATION
PRIVILEGED AND CONFIDENTIAL
Hi,
I hope you both are doing well and staying healthy. I guess I see three options here (although there’s certainly others, these are the three that immediately come to mind). First, and probably the easiest, we can renegotiate a deal with the new property owner. If you think they would be amenable to such discussions, I would suggest reaching out to them to see if we can just redo the entire thing on terms that make more sense for everyone. The second option would be to explore vacating the easement in its current form and then condemning a new easement. This would obviously have some significant up front costs, but I imagine it would save the City money in the long run (assuming we plan to use this water line in its current location in the future). The third option is to keep everything as is, an then seek to take enforcement action against them if they are doing things inconsistent with the agreement, such as reselling water. In Oregon, there is a principle of good faith and fair dealing in all contracts, which would apply here, and there’s nothing in the agreement to indicate an ability to resell the water provided to the two properties in question. To that end, if they engage in such activities, we could pursue litigation to stop them from doing so (or get them to stop with a cease and desist letter). As you can probably imagine, I would recommend the first option if it is at all a possibility.
I’m generally available for a phone call tomorrow (Friday) if you want to chat about any of this. Stay safe and healthy.
All the best,
Chad
From: Dan Huff [mailto:dhuff@cityofmolalla.com]
Sent: Thursday, April 16, 2020 8:46 AM
To: Chad Jacobs
Cc: Gerald Fisher
Subject: FW: Sharp Easement
Chad – This one has reared its ugly head again. See Gerald’s comments below regarding the total gallonage per month. The property has been sold to Steve Coleman so our property owner contact has been improved.
Dan Huff
City Manager
City of Molalla, Oregon
(503)829-6855
______________________________________________________________________________
PUBLIC RECORDS LAW DISCLOSURE
This e-mail is a public record of the City of Molalla and is subject to public disclosure unless exempt from disclosure under Oregon Public Records Law. This e-mail is subject to State Retention Schedule.
From: Gerald Fisher <gfisher@cityofmolalla.com>
Sent: Wednesday, April 15, 2020 5:19 PM
To: Dan Huff <dhuff@cityofmolalla.com>
Cc: Andy Peters <apeters@cityofmolalla.com>
Subject: RE: Sharp Easement
The attached easement has a significant scrivener’s error in the amount of allowed water use. 2,500 Ccf is equal to 1,870,125 gallons or a combined total of 3,740,250 gallons per month. This easement needs to be revised and it also needs a clause to not allow water to be resold by the owner of the property.
Regards,
Gerald Fisher, P.E. | Public Works Director
City of Molalla
117 N Molalla Ave. | PO Box 248 |Molalla, OR 97038
Office: 503.829.6855 | Direct: 503.759.0218
CONFIDENTIALITY NOTICE: The information contained in this email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient and have received this communication in error, please contact the sender by reply email and destroy all copies of the original message. Thank you.
From: Dan Huff <dhuff@cityofmolalla.com>
Sent: Thursday, August 25, 2016 8:30 AM
To: Gerald Fisher <gfisher@cityofmolalla.com>
Subject: FW: Sharp Easement
Just an FYI
From: Dan Huff [mailto:dhuff@cityofmolalla.com]
Sent: Thursday, August 25, 2016 8:30 AM
To: 'Chad Jacobs' <Chad@gov-law.com>
Subject: Sharp Easement
Chad – Can you take a look at this easement? The City entered into this agreement back in 2001 for the main distribution line to the City from the Plant. I don’t have an issue with the easement (City should of just purchased the easement) but the property is outside the UGB and I believe the agreement for non-payment up to 2,500 gl per month, free meters and no SDC payments violate our bond covenants. The property is now being sold and the potential buyer came in to discuss water.
Is this actually transferrable?
I understand they also would like the opportunity to use our recycled water for irrigation. If so, I we would provide the recycled water at no cost but I want out of the easement conditions.
What do you think about this?
If you have a moment today I would like to discuss a Council issue with you. I have a meeting this morning at 9:00 AM, otherwise I am open.
Dan Huff
City Manager
City of Molalla, Oregon
(503) 829-6855
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_______________________________________________________________________________
PUBLIC RECORDS LAW DISCLOSURE
This e-mail is a public record of the City of Molalla and is subject to public disclosure unless exempt from disclosure under Oregon Public Records Law. This e-mail is subject to State Retention Schedule