From: Allen Manuel

Sent: Thu Aug 23 11:35:09 2018

To: Gerald Fisher

Cc: gdanforth@canby.com; 'Hamilton, Esther M.'

Subject: FW: Redwood Five, LLC Partition - Project #5496

Importance: Normal

Attachments: image003.jpg; image002.jpg; image005.jpg;

Mr. Fisher,

Please review the county surveyor’s comments after reviewing yoru response to my request that the City sign a Property Boundary Recognition Agreement. They seem pretty adamant about their request.

Thanks,

"mailto:amanuel@canby.com"

Allen Manuel, Principal Broker

Licensed in Oregon

BHG Realty Partners

Cell: 503-784-4950

Fax: 503-266-1579

Office: 503-266-7333

amanuel@canby.com

From: Ken Griffin [mailto:ken@griffinsurvey.com]

Sent: 08/23/2018 9:22 AM

To: Allen Manuel

Subject: Fwd: Redwood Five, LLC Partition - Project #5496

See below from the County surveyor.

Ken Griffin

Griffin Land Surveying Inc.

(503)201-3116

From: Martinson, Terry <terrymar@co.clackamas.or.us>

Sent: Thursday, August 23, 2018 9:03 AM

To: Ken Griffin

Cc: Griffin, Charles; Gonzales, Renee; Thoreson, Tara

Subject: RE: Redwood Five, LLC Partition - Project #5496

Ken, regarding the fence along the southeast boundary of the plat, that falls into subject property. The note from the city indicates they consider the fence to be the subject property fence, since note below says it is on adjoiner’s property (to the city, subject property is the adjoiner) so the city does not make any claim to the fence. But the question is not who claims the fence. The question is what is the ownership status of the 6.9’ to the 3.9’ strip where the fence is off line? We need something from the city that states that they accept the surveyed and monumented southeasterly boundary as the common boundary between city and subject property. A Property Recognition Agreement where city accepts plat boundary would work to accomplish this objective. It would not need to state anything about replacement of the fence and only that they accept the plat boundary as common boundary between the 2 properties. Once common boundary is accepted, they can make and agreement to replace fence or not. If fence is not moved, a new statutory period would begin.

We need acknowledgement from the city to resolve this issue or new owner of P2 could be immediately embroiled into a boundary dispute on area between fence and plat boundary monuments. Thank you, Terry

From: Ken Griffin [mailto:ken@griffinsurvey.com]

Sent: Wednesday, August 22, 2018 8:17 AM

To: Martinson, Terry <terrymar@co.clackamas.or.us>

Cc: Allen Manuel <amanuel@canby.com>

Subject: Redwood Five, LLC Partition - Project #5496

Hi Terry,

Allen Manuel has received the following reply from the City regarding the fence issue for the property lying to the East of this project. Will this response satisfy or what next?

Ken Griffin PLS

Griffin Land Surveying Inc

(503) 201-3116

Ken: Please read below the information from the City of Molalla about confirming the property line. What shall I do now?

Allen Manuel, Principal Broker

Licensed in Oregon

BHG Realty Partners

Cell: 503-784-4950

Fax: 503-266-1579

Office: 503-266-7333

amanuel@canby.com

From: Gerald Fisher [mailto:gfisher@cityofmolalla.com]

Sent: 08/21/2018 10:01 AM

To: amanuel@canby.com

Cc: Dan Huff; Aldo Rodriguez; Dan Zinder

Subject: RE: Boundary Agreement

Hi Mr. Manuel,

We have reviewed the material you’ve submitted and see no need to execute a document releasing the City’s interest in property. If your surveyors information is correct and the fence is on the property adjoining the Ivor Davies Park property then the fence belongs to that property owner. If the survey is in error and the fence is on City property then the fence belongs to the City. We can all assume that the licensed surveyors information is correct, has been reviewed and approved by the County Surveyor’s Office, and proceed forward based in that information. Thanks.

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