Hi Dean,
I want to clarify the water line is currently not leaking. The valve was shut off and the leak has been contained until a repair is done. This line only services the irrigation and is considered a non-emergency.
Regarding the easement, the City cannot record easements on private property. The easement has to be recorded by the property owner through the Clackamas County and a copy provided to City when complete. According to our records, the City approved the plans to construct the development on March 14, 2000, which also approved the proposed location and width of the water/sewer easement (as shown in your drawing C6).
Once approval was given from the City, it is private property owners responsibility to complete the easement by recording it though the county. The easement then would be shown and noted on the As-builts.
Moving forward. Public Works intends to make the repairs, although we cannot do so without a recorded easement or temporary grant of access as mentioned. Please provide a temporary grant of access to the City on company letter head that allows the repairs to be made and indemnifies the City of any damages related to the repair. In the future, the City will need a copy of the recorded easement on file with Clackamas County to make water line break repairs and service/maintain the sanitary sewer lines.
I appreciate your cooperation.
Sincerely,
Jennifer Cline, P.E.
City of Molalla
Public Works Director
O: 503.759.0218
F: 503.829.3676
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
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
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
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
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
From: Kurt Miller [mailto:kurt@gramor.com]
Sent: Wednesday, January 14, 2015 4:24 PM
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
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