RE: fence a cross end of Tract B at 803 Toliver Rd

From: Gerald Fisher

Sent: Fri Nov 13 08:36:24 2020

To: Dan Zinder

Cc: Mac Corthell; Mike Penunuri

Subject: RE: fence a cross end of Tract B at 803 Toliver Rd

Importance: Normal

Hi Dan,

I haven’t spoken with the Whites in a couple of years and that was by phone if memory serves.

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 Zinder <dzinder@cityofmolalla.com>

Sent: Thursday, November 12, 2020 4:48 PM

To: Gerald Fisher <gfisher@cityofmolalla.com>; Mike Penunuri <penunuri@molallafire.org>

Cc: Mac Corthell <mcorthell@cityofmolalla.com>

Subject: FW: fence a cross end of Tract B at 803 Toliver Rd

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 13^th of August. I left a phone message telling him the information you wanted. It was Gerald Fisher who called me around April 18^th, 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