From: Jennifer Cline

Sent: Fri Jan 16 09:50:32 2015

To: Dan Huff

Cc: Sadie Cramer; Nicolas Lennartz

Subject: FW: Water Line repairs

Importance: Normal

Attachments: image002.jpg; image003.jpg; ON SITE Molalla- C6.pdf; Molalla water latecomers.pdf;

 

FYI

On a side note… notice the spelling of my last name and then “his” last name. It’s killing me J

Jennifer Cline, P.E.

City of Molalla

Public Works Director

O: 503.759.0218

F: 503.829.3676

image "file:///C:

From: Dean Sorensen [mailto:Dean@gramor.com]

Sent: Thursday, January 15, 2015 5:16 PM

To: jcline@cityofmolalla.com

Cc: Kurt Miller

Subject: RE: Water Line repairs

Ms. Kline,

Kurt has brought me up to speed on the situation out at our Molalla Shopping Center. I would like to take this time to update you on some history for this property.

I was involved in the original construction of this project back in 2001. As you know, any project similar to this cannot achieve final approvals from the City (who at that time was overseeing all aspects of this development) until the Developer submits as-builts, a bill of sale, and a signed easement for any public improvement. We believe that all those documents relative to the water main were submitted to the City at the end of the project because we obviously received approval to occupy. Since there is no master meter nor double check protecting the City mains on 211 and 213 it is obvious that the loop through the site is a public water line. (see attached plan)

We could not have recorded the easement all by ourselves. An easement is typically signed by the Developer and submitted to the City who then has a City official (public works director or city manager) sign the easement and send it off to be recorded.

We have pulled our files out of archive and should have them tomorrow to research what documents were sent in 13+ years ago.

Just for your edification, this “lost easement” follows along with other important documents the City failed to complete including our original request for late comer reimbursements for the mile long water main we installed on both 211 and 213 at a cost of almost $400,000. Several properties from 2001-2009 connected to that line without our knowledge and without the City managing the late comer documents that we had sent in (they were signed but never recorded by the City). Upon discovery of this we ended up having to re-create the late comer agreement, going through public hearings and City council for approvals, etc. In exchange for the City not getting us our last comer funds, it was agree that the agreement would be extended to 12/31/14. The late comer agreement recently expired and I sincerely hope you were aware of that document when reviewing any new developments up to that date (see attached copy).

So it comes to no surprise to me that the city also never followed up on the recording of the water main easement. We also are having our title company research county records for that easement and I suspect their result will match yours (doesn’t exist).

A recorded easement takes time for us to recreate, sign and submit to the City for approvals. Then someone at the City needs to sign the easement before it can be recorded, again, usually recorded by someone at the City. Meanwhile YOUR waterline is leaking. I would suggest you create a temporary grant of access form for us to sign to allow you to enter the property and make the needed repairs while we clean up the lost easement.

Any further delay on facilitating a quick response from the City will simply cause more damage from the leaking water main line. I am confident you have an option to get past this lack of easement until we can formally complete that document. Please submit whatever you need from us to allow the repair to take place as soon as possible. If nothing else, this email provides approval for the City of Molalla to do this work but obviously it needs to be more formal.

Thank you for your time in facilitating this repair as soon as possible.

Dean Sorensen

Gramor Development, Inc.

19767 SW 72nd Avenue, Suite 100

Tualatin, OR 97062

P - 503-245-1976

www.gramor.com

From: Kurt Miller

Sent: Thursday, January 15, 2015 8:30 AM

To: Dean Sorensen

Cc: Paul Dunlap

Subject: FW: Water Line repairs

Some vital follow-up on the Pending Water line repair(s) at Molalla Market Center from the City Director.

Kurt Miller

Property Manager

image

19767 SW 72nd Ave, St. 100,

Tualatin, OR 97062-8352

P: 503 245-1976 F: 503 427-0587 (revised Dec. 2014)

email: Kurt@gramor.com

From: Jennifer Cline [mailto:jcline@cityofmolalla.com]

Sent: Thursday, January 15, 2015 8:24 AM

To: Kurt Miller

Cc: Sadie Cramer; Garrett Edmunds

Subject: RE: Water Line repairs

Hi Kurt,

Please see my comments below.

Jennifer Cline, P.E.

City of Molalla

Public Works Director

O: 503.759.0218

F: 503.829.3676

image "file:///C:

From: Kurt Miller [mailto:kurt@gramor.com]

Sent: Wednesday, January 14, 2015 5:06 PM

To: Jennifer Cline

Subject: RE: Water Line repairs

Also, I guess my general questions are:

1) When approximately did the break occur if known? Dec 4th

2) How was the City Alerted or became aware of the break…. Called in by Steve Long from our PD at approx. 1 AM

3) Do we need to go thru the City to restore Water service, when the repair is completed and would that be you or someone else? The City will make the repair and restore service as long as there is public utility easement recorded with Clackamas County. This will need to be completed by Gramor.

Kurt Miller

Property Manager

image

19767 SW 72nd Ave, St. 100,

Tualatin, OR 97062-8352

P: 503 245-1976 F: 503 427-0587 (revised Dec. 2014)

email: Kurt@gramor.com

From: Jennifer Cline [mailto:jcline@cityofmolalla.com]

Sent: Wednesday, January 14, 2015 4:39 PM

To: Kurt Miller

Cc: Garrett Edmunds; Dan Huff; Sadie Cramer; Dan Zinder

Subject: RE: Water Line repairs

Hi Kurt,

Thanks for contacting us.

A little history. Once the leak was located and shut off, I had asked our GIS Tech to verify if the City had ownership of the waterline or was it a private line. From what we can tell, there was never a City Easement recorded in the Clackamas County archives.

What we did find in our files was an approved Sanitary/Water Plan submitted to the City in 2000 for the Molalla Market Place and shows a “proposed easement” for both sanitary and water. However, the City or County has no record of this easement ever being recorded. Without a recorded easement for either, the City is not able to make the repairs.

Please let me know on how you would like to move forward?

Jennifer Cline, P.E.

City of Molalla

Public Works Director

O: 503.759.0218

F: 503.829.3676

image "file:///C:

From: Kurt Miller [mailto:kurt@gramor.com]

Sent: Wednesday, January 14, 2015 4:24 PM

To: jcline@cityofmolalla.com

Subject: Water Line repairs

Hello Jennifer;

I manage the Molalla Market Center 1515 W Main Street (Anchors = Safeway + McDonalds) and understand that you may be aware of a broken service line that connects to the Meter and then runs underneath the drive-lane, all in our Outer Parking Lot.

I am being told that either the City is working on repairing this line, or vice versa, that we are obligated to repair but don’t really know the cause of the break.

If you have any further information in this matter, know the size of the Water Service line or any other details, please contact me.

Thanks so much.

Kurt Miller

Property Manager

image

19767 SW 72nd Ave, St. 100,

Tualatin, OR 97062-8352

P: 503 245-1976 F: 503 427-0587 (revised Dec. 2014)

email: Kurt@gramor.com