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633 WALNUT ST.PDF13666 633 WALNUT ST CITY of EDMONDS Civic Center - Edimonds, Washington 98020 Telephone (206) Office of the City Attorney Leif Larson City Engineer City of Edmonds Civic Center Edmonds, Washingt6n-.98020 May 20, 1975 STR`1.6-� FILE ,;'R E CE IV ED MAY [doloods Ingr. Dept. Re: Gear vs. City of Edmonds Dear Leif: Please be advised that the above.captioned-'�matter has now been set for trial on not January 9, 1975, as previously stated. Very truly yours, JDW: nda 0 CE THE CITY ATTORNEY I "�t D., aAtx—'—�� J n llace ;o - waj -7 < rE 76 A6 LAW OFFICES OF ANDERSON, HUNTER, DEWELL, BAKER& COLLINS, P. S. 601 FIRST NATIONAL BANK BUILDING 0. D. ANDERSON (1892-1961) EVERETT, WASHINGTON 98201 JAMES P. HUNTER TELEPHONE 252-SI61 JULIAN C. DEWELL WILLIAM W. BAKER AREA CODE 206 THOMAS R. COLLINS G. DOUGLAS FERGUSON H. SCOTT HOLTE d4t may 16t 1975 Mr. John D. Wallace City of Edmonds Civic Center Edmonds WA 98020 Dear John: Re: Gear v. city of Edmonds This is to advise that the trial in the above matter has been scheduled as a jury trial to be heard on January 19, 1976. Very truly yours, ANDERSONII, HUNTER, DEWELLr BAKER & COLLINS, P.S. By Julian C. Dewell JCD:dh CC: Mr. C. C. Richardson Safeco Insurance Companies Mr. Leif R. Larson City of Edmonds City Engineer * 0 lee CITY of EDMONDS Civic Center - Eclimonds, Washington 98020 - Telephone (206) 775-2525 Office of the City Attorney May 16, 1975 R'r.-CEIVED MAY 19 1975 Leif Larson City Engineer fdands Engr. Dept . City of Edmonds Civic Center Edmonds, Washington 98020 Re: Gear vs. Edmonds Dear Leif: Please be advised that.the above captioned matter has now been set for trial for-January,19-1,�--1.976. Very truly yours, OFF,10E OF THE CITY ATTORNEY IF,�'ICE OF J 1 W 0 6hn .,,Wallace JDW:nda 10 LAW OFFICES OF ANDERSON, HUNTER, DEWELL, BAKER & COLLINS, P. S. 601 FIRST NATIONAL BANK BUILDING EVERETT, WASHINGTON 98201 0. D. ANDERSON (1892-1961) JAMES P. HUNTER TELEPHONE 252-SIGI JULIAN C. DEWELL WILLIAM W. BAKER AREA CODE 206 THOMAS R. COLLINS G. DOUGLAS FERGUSON H. SCOTT HOLTE May 9, 1975 Mr. John D. Wallace City of Edmonds Civic Center Edmonds WA 98020 Dear John: Re: Gear v. City of Edmonds Safeco Insurance Company has reviewed the insurance policy again and, although you have not actually tendered the defense in connection with the inverse condemnation proceed- ings to Safeco, Safeco is willing, at this time, to accept the defense of the inverse condemnation matters for the City of Edmonds up to the date of the expiration of its policy, which was January 1, 1974. If you have any questions regarding this matter, please advise. If you wish us to take further action in connection with it, please write us concerning.those matters. Very -truly yours, ANDERSON, HUNTER, DEWELL, BAKER & COLLINS, P.S. B Julian C. Dewell JCD: dh CC: Mr. C. C. Richardson Safeco, Insurance Companies May 7, 1975 Mr. Julian C. Dewoll Anderson, Hunter,"Dewell..Bakor Collins, P.S.' 601 First National Bank Building Everett, Washington 9820lt- Re: Gear C ty Dear Mr. Dewell:'-; As you requested in your letter of May,6, we checked to see if your copy of the General Telephone Company Work Order - and the Ordinance had been left in our office. 'No stray copies were found and, therefore, we have made �ew copies.for you, which are enclosed herewith. Yours very truly, CITY OF EDMONDS LEIF R. LARSON', P.E. City Enqineer rf Enclosures J q 00 *0 LAW OFFICES OF ANDERSON, HUNTER, DEWELL, BAKER & COLLINS P. S. 601 FIRST NATIONAL BANK BUILDING EVERETT, WASHINGTON 98201 0. D. ANDERSON (1892-1961) JAMES P. HUNTER TELEPHONE 252-5161 JULIAN C. DEWELL WILLIAM W. BAKER AREA CODE 206 THOMAS R. COLLINS G. DOUGLAS FERGUSON H. SCOTT HOLTE cr,:, v -7b %o May 6. 1975 M Edmads Eflgr. NPL Mr. Leif R. Larson City of -Edmonds city Engineer Civic Center Edmonds WA 98020 Dear Mr. Larson: Re: Gear v. City of Edmonds When we were meeting on May 1, 1 apparently inadvertently _jqZtt q!y � eral Tplephop-e Company,,. _pqRy.qf_the ' Work Order for Gen toggt:her with the Ordinance, on the desk at_your office. I would appreciate your advising if it was picked up inad- vertently. It may have been picked up by one of the attorneys, and a copy of this letter is going to them. If'yqu locate the same.,_pl,ease.forward it to me,, otherwise, I w-u ave another copy of the Work order from like to h' �G ,engral Telephone Company as well as a copy of the Ordinance and/or franchise which was.attached.. Very truly yours, ANDERSON, HUNTERj DEWELLo, BAKER & COLLINS, P.S. *a7A By uli Dew 1 JCD:dh CC: Mr. Thomas D. Frey Mr. John Wallace vll� 4 CITY of EDMONDS Civic Center - Edmonds, Washington 98020 - Telephone (206) 775-2525 Office of the City Attomey RECEIVED i i APR 19T5 April 11, 1975 uliads Mr. Thomas D. Fray Guttormsen, Scholfield a Stafford Attorneys at Law 820 White Hrney Stuart Bldg. Seattle,, Washington 98101 Dear Tom: This will geb--n-'firm ity Engineer, Leif 9 5, at 200 poi. at th JDW:mb cc: Julian C. Dowell Leif Larson Re: Gear v. City of Edmonds hat I "Vp sc e ul h Larsor, 11 ell "oting on e Edm6nAd City,Hall. u Very W ly yours,. OFFICE OF THE CITY ATTORNEY John D. Wallace .1"t Ile - December 27, 1974 Jullan,.C.,Dewell Anderson, Hunter, Dewell, Baker A Collins 601 First National Bank Building Everett, Washington 98201 Re: Gear V. City of Edmonds Dear Mr. Dewell: Forwarded herewith as enclosure "I" is a copy of the permit granted to the General Telephone Company for the installation of.the underground duct in Walnut Street. Also enclosed is a copy of the original Franchise Ordinance granted to the Edmonds Independent Telephone Company in 1934. Yours very truly, CITY OF EDMONDS LEIF R. LARSON, P.E. City Engineer .. % 0 0 0 0 LAW OFFICES OF ANDERSON, HUNTER, DEWELL, BAKER COLLINS 601 FIRST NATIONAL BANK BUILDING 0. D. ANDERSON (1892-19611 EVERETT, WASHINGTON 98201 JAMES P. HUNTER TELFPHONE 252-5161 JUL I AN C. DEWELL WILLIAM W. BAKER AREA CODE 206 THOMAS R. COLLINS G. DOUGLAS FERGUSON December 20, 1974 Mr. Leif R. Larson City of Edmonds City Engineer Civic Center Edmonds WA 98020 Dear Mr. Larson: Re: Gear v. City of Edmonds RECEIVE0 DEC 2 1974 Ldm0fids EW. 060L. We -have been furnished with a copy of the permit application from General Telephone Company of the Northwest. We assume that, pursuant to this permit, the work done by thetelephone company was not on a franchise but solely on a permit basis. we would appreciate your co4firminq.this to us and advisinq N&ther or not any franchi,,ses have been issued to the tele- phone'company in the area of Mr. Gear's house., Very truly yours, ANDERSON, HUNTER, DEWELL, BAKER & COLLINS By JPVn C. Dewell JCD: CC:-.,V omas D. rey� Mr. Th r. John Wallace cOMPANy of the NORTHWEST W.O. No. Z1J')­';-%L:_"`%'1 c--igiml i.-I-OrCh 1" 1960 7; -Application Date F" - 2c,'N 1- n 4,:1,; Approval Date 'Engineer PEIMT APPLICATION — 210-71500T boo been revised 1968, Wo -letter of 14arch. 22;, In e=-pliame With 7= lies for permission to: op -THE NORTHWEST INC hereby app 1he GENERAL TELEPHONE COMPA14y '70 r.-I vv!ot ca con�; it ccn�.tr'.-et ain an h o r. W'Lth �Re!-t to.5th S 0 tINZ j.-;Eiley en Uala :-trec-t t y4fzr to vO. --rean at AW-4853. 0; to,DI)a Vic 1,c. fe r all Sao_ stic na regard a�13 20011-" 1 191i) Construction ximately work is scheduled to start appro days in this area. to require approximately the original 'If this work meets with your approval, -please sign and return. ...Of this form. 'GENERAL TELEPHONE COMPANY 16161, Hewitt Avenue. Everett, Washington a for O.W. Cor de .98201 Engineer n le Tit Northern Divisio at e ILL �L_ tiow.for couftit symbols and abbrevia :iota: Tula of General Te!0*11=6 Cbed for Y= an-3 manbolas GrC 91tt8. erform the work listed above is hereby authorized to p .,;aNERAL TELE to all*applicable state, county EPHONE COMPANY and subject h their franchise accordance wit a' fications.. nces speci ..and/or municipal ord.ina nd n J 242 0R.D1;11C-0L 1 0. n Ordinarce crart4rg for a per' L od of 1wentj-fivo (25) years to Ed"mords irdependert Tclorhor.e Compary,'it's succeL--sors'ward &8- signs the ri-ht, privilege and authority to do a Scr.eral 1clephor-e and ThegraphQbusiress within the Citj of Edmonds, tOL- SEC"101" 1: The City Courcil of the City of Ldmords, do ordain folluv;a; '21,at there be, Lrd hereby is, grarted apor, the cor- vvditior6 in thi*�; 0`rdirance cortaired, to Jrdeper.dCLt 2,Ae- phore Compary, a Corp orat -;.or, organized �ard exist-"n'c', under the laws of the 3tLte of '�iachirr-ton, 0 its successors r-rd assigns, for L) the period of T,;:er,ty-fiva (L-5) years 1-rom ard after the effective 'L date of this Uruirarce, maixtair ard operate a general Telcphoi.e and Telegraph syste.m and facilities t'.-urefur withii� the Clitj of EdLairds, aid ,)I&ce, ereot, lay, LaaiLtair. aLa repl&ca iL, UPOL, a- lorg and under all of the Streets, alleys, and other p-abli-- high- ways of sz�id City, poles, c-,rduits, w—'rez;, cables Lrd other facili- .ties for the cord,.i:,t ard operation of a 6;ez.t�ral -Teluphoiie and 2ele- L graph basireos ard trarsmizsior of electricity ti-lerefor. 3ECT1011 2: --lefore said grantee, its 2ucce2L;jrs or assigrs, s all begir tllle construction Of said CJ1-dUit alJX-U LLLderl.Gath the said stracAs and alleys, it or they shall file with tlii� Oit; Olerk 41 of Edmords, detailed pL,-r,. ard prolLileo of said cordaits r.3 ir.- tended to be lt-id down aloi,g, underi.6&th z�aid streets F-rd allejs, the distance from the curb that the CondaitL; zi,d the depth from the official grade or surface of said Etreet or allej. The said grartee shall ameid said plars in accordance with the directior of the City Council. IV SEC71C! 3. The corStructior of said cordaits shall i,ot be begun until the City Courcil shL.11 upi)rxre said p1r-rs so filed with the Git,-r Clerk as Vrovided ir 3ectior 2 of this Ordir.arc e. SEC T101 4: T%e said grartee, its successors aid az;signs, jec-11 at its or t'neir owi, experse restore each ard every street err) AP r d al leY to as -0 Od a 0,;! 1` tJ or as it waz before street or J,calley was di�;turbued for the'p'ar.)ose of puttlnj3 dowy. --tjci cor.daits; c-r,d ir cLsc SLid grarteQ shall refusu or ie-luit to restore sLjjd streets -i�d alley,- r-s herei:, specified, the' ;trel-t Co�aia`sL;iorer sht.11 cauoe thu 6,.:jnu to be d,-)Yo t.Lt thu c,)L;t und ex�)cjo' L Q grartee, its z'j.c,,.eojoru t-i.d duriiG the c�)zL;tructioxi of f, said cordaitL;, shLll SL.Ve .-*ti of Edrionds har:Lle6s L.1-d free froLa ai.y cost and experze becaase- of ary damage Llieged to have beel. caused �y reason of the conztructior. and miiirteraLce of said cor'duits. 'rA 3ECTI0- 5. :,�he ric-ht. '-ere4r. LT�:az-ted to said Edzaords Ir"de- ar a Go*1r1-L)any, is ZLICCeSSOI'S -d LSigl. S-1Lll rot be corstrued so as to deprivt� the C`t�� Of Z;JMOrAS J Lly oF'its powers 0 regulate tle use Erd cctrol of the strcut-�; ard 11eys ViithijYA -TV - i -Zild City, or to hirder or delay the V,-*l,,y of Ldrnoi do from impi-jv-"-- ro irg4 said stroeta or tllcys zi�;;pruvided by th� I&: -IL; Of 'the Statt; of Washingto r; SECT10I. 6: T111-e poles chL�ll be placed ard erected ix such Wtomarrer as :::ay be desiCpated by the StreL-,' Comia`ttee'oof the City 0�,urcil- The shall be carefully cx.rectea� ard faster ed so F-3 Y-Ot to cczz,� ir cortact ;.-th ary object, z-rd shLll'be �str etched so Es rot to irterfere -:.--th the free use of --t-id streuts Lrd alleys, ard at such a.hei,:,�ht as MLy be deSigrated by siid Street Committee ur.less otherwise ordered by thL. City Coul SEC7.1011, 7: !"hat *.-:1her. it shL�ll bLco--,r�: Y ecoo:,��ry to take UP or dij; 1.11; t--e �r3uid in the erec-.ijr of seid poles, tLe said grarze,�, it�: 6acce-,sjr- az�-igz.6 6hLil, after sf-id poles ar,� erected vithi-at dela-1 r, replace said and re--cve all szzr- Plus d-�rt , e ar : �-: --r ot e- ubb. i sh az i rel� lc-,-, e s a 4-1 L �;re et, or alleY il a-v C' j a 2 0,1 ":. --' t i o r &s 4- t -.-;L s b ef o;-a JL t wa -�, t al -:en ap , 5 -.1b - Ject to the approval of the Ztreet Co��lmit-.ee. : y 1.,q .10: 8: The CitY Of Ed-mcrds rt��jervE�s the ri6ht to order the chai �e o !)j—, tj or - - -.u, h p o? e a r ci,,; (� r i r. -. he j ad Le r. t Jf L1. z J. he Cit; Cjur:uil, each ch&L-E� is for zhe public 6��od. 04,ttzA of t 9.A 4_0 a h�),*.,evcr, �ur the vej;ted rights �,f '�'_-e p4rties. having due regard, L ithin thirty ov,dud, L, id Conjpry ahall, V; SLCT101 9 : 2r . 6 _ he C,.t.; Clerk, its bc- i age htru,.�f, ile with t - the 00 di4 T i o days .1'r,)m the passi ,ayte.�,.,sabjc2t to ltv, ceptarce of ti,c !*rai(;hiJ.,:u hcr I 'd 0O:L'.'a1-y here ir hcrtiii, Lh�,Jl bt� cii,Q-tracd to 9'vO _Ltail. LLd Operate tLb tulcphur.b optom exclusive right to mul of the Cit�' EamOrds- a, -.t TelephoLe COMPLiLy ,,,,o_ds 11�de,)erder 2rovided, that said E Edmords �'ive '1,616Pholes shall furnish for the use of the City OP ed uLaer the direction free of char6.z., to be placed End ii,stall sound the fire alarm fre6- of the City Q,ur:cil- ".0 to necessary to ttmporarily re 10: Uhc2�.(jver bc(��;we blk�a or other plart arraTge remove, 1=er, ov raise the wiruB, C& machinery or of the said grantee for the passage of buildings, other objects the. said grLztee shall temporarily rearrange, re- move. lower or ralse its V17ires , cables or other plaLt, as the case require. recescities of the 0 Provided, however, that the persor or persons de---.rirg t shall PaY e iir- machinery or other objects, th move any such buill "'ji. alterirg, removing er.tiro actual cost t 0 (,, Crar,tee Of chang'-ng, to per, - id VIirQ.;, cableu or other plb,.r;t LO I_U or replacing its 84 eposit in advar.ce with btid grar-teo mit such ard shall d . such cost z�s estimated by said &Taxt6c: IiTA SbA--ll a sum equal to - - o' every kird vihatsoever direut or pay &ll damages End clfJm 1 �r tly by the chLLgiEg, caused directly or iLd4 ec les or other clteriLg, re�novir.g or replE�cirg of said v;ires, cub plant, except as may be occra,�,iored through the negligence of grantee, so r_s to permit such pr-2sage. shall be given not 044"'t-41 The grartee, its successors or assigns, -041. 44 arL51 v-rittul. I_Otice by the p&rt.V de 1GOU than forty-tiZht (4a) ho Said notice shall O/Y to move such buildir,7 or other objects. sirir J dutail the struet- shall bear the apLroval Of s�--d Ci-�y, * by said %`Iit� de�;iei ate, Lrd ,�uoh zauv��rg such �)fficitl as the shall b e with much haste as possible End shall Lot be IIrLeQ68- eLrili dOlLYOU ir Quase the Zrar.tob LLnI.boes2ary 0xI)t-,nk'u or wa6te 'of ti"18. The provisiors of th.,- Zecl;,.or shall be carried Out in 060 cordr-ree With the ordiiai-ccs of the City regulatir-c- such matters. he QitJ WheLf, Prov.ded, however, this 6ectior shall Lot aPPlY to t er-aged ii, the performance of any public work as in this �Irai.- chise provided. 3ECT2101. 11: A failure of the Ed-mords Independent Telephone ;0 .34ons of this Ordinance shall, at rV Company to cor.ply with the FrOvI - ' A. the opt ior- I of Goul,,Cil voric- a forfeiture of its rights ax privileges huruby granted. 1934. Passed and approved this 7th day of 2ublish�.d ;.uQast l0tI,, 1934. ' Te,rdU, City Clerk- Geo-Q. Durbin. ijayor. d�AVpr Attest: Gco.: e, j�ctir_ City �.ttorrey- Approved as to iOrm, I hereby certify that the above and fore'goirg is a true and ,'92 of the City of Ld=or-AB. '.4ash. Correat Copy of OrdirerCO 1,0-1 Geo.m. Leyda, City Clerk. E December 20, 1974 Mr. John D. Wallace Edmonds City Attorney 1411 Fourth Avenue Building Seattle, Washinqton 98101 Subject: Gear Claim -- General Telg!phone_Pemit Dear John: Forwarded herewith is a copy of the General Telephone permit including an extra set of drawings and specifications. Also enclosed is a copy of the letter In which we disapproved the first permit application. The Invasion of Right -of -Way Ordinance was not passed until October 15, 1968, after this job was completed. Very truly yours, CITY OF EDMONDS LEIF R. LARSO4, P.E. City Enqineer LRL: rf Enclosures March.229 1968 mr. Cordell Northern Division Engineer General Telephone Company 1616 1/2 Hewitt Avenue Everetts Washington 96201 SubJect: j.O./Est. No. 210-715007 Dear Mr. Cordell: nd permit application for We are returning herewith your plans a ubject Job order construction of an underground conduit system as shown on s p . lans. In accordance with City of Edmonds' policy9 these plans are, oval for an.installation of this magmitude. In order inadequate for appr & for the City Engineer to approve this applicationg the following require- ments in design and specifications shall be fulfilledt Plan Details Plans Plans shall be drawn to a scale not less than 1"slOO shall reflect actual right-of-ways and show in detailg location of existing roadways, type of improvement, such asq rolled edge, . curb sections,.type of existing surface and underground utilities.! A profile at curbs. sidewalksg d work shall be provided. a scale of 1"=10' showing your propose We suggest that you contact Reidq Middleton & Associates to obtain detailed data pertaining to existing underground utilities. These ivi g.locations horizontally and utilities shall be shown on the plan g n Existing utilities crossing over or near trench bottom shall vertically. . the benefit of the contractor, plans used In be shown on the profile. ror obtaining this information shall be referenced on your drawings. We also suggest that a detailed field reconnaissance be made to types and locations of improvements in the public right-of-way that reflect s. The details of existing improvements, may not be of record on plan nts, etc., around your especially storm sewersq water lines, fire hydra proposed manhole locations will be important. j., 41 This office desires that underground electrical installations of this nature be placed outside of existing and proposed future curb lines. It will be necessary that your design engineer confer with us as to proposed future paving widths in order to establish this location. Presently, the City plans to follow the proposed A.P.W.A. ",Location for Utilities Standards." Specifications it is 4esired that the following specifications be placed on your plans: The City Engineer shall be notified 48 hours prior to commencing construction of the entire job and notified from time to.. time as progress is made. No open cut crossings of city streets shall be made without approval of the City Engineer. Existing surfaces shall be pre-cut and backfilling shall be accomplished using granular material and mechanically compacted to 90% relative density. Restoration of paving will be accomplished with asphaltic concrete in two (2) lifts. Existing drainage ditches, culvert.n, etc., shall be kept clean at.all times. Temporary diversion of any drainafre system will not be permitted without & consent of the City Enginee'r. Any drainage culvert, catch basins',or inlets disturbed by excavation shall be repladed with new material or repaired as directed by the City Engineer. Maximum length of open trench on streets shall.be 200 lineal .feet. Street surfacing shall,be cleared at the end of each day's operation. .Final cleanup, including complete restoration of,'"shoulders, cleaning of ditches, curb and gutter sections, catch basins or curb inlets, removal of rough material, and back slope of trenches shall be approved by the City Engineer. No existing materials or unsuitable material shall be wasted on city right-of-way without the expressed consent of the.City,Ehgineer.�.. Final Inspection and Approval' Prior to final approval of construction, a visual inspection of the job site will be made by the City Eng*neer. Restoration of the area shall be complete with all improvements being restored to -their original condition. TO FORM 41 - LITTLE'S INTER -OFFICE COMMUNIC TIONS DATE 197V FROM(: SUBJECT: STREO- FILE -7, Him= E� �;l 0. D. ANDERSON (1892-19611 JAMES P. HUNTER JULIAN C. DEWELL WILLIAM W. BAKER THOMAS R. COLLINS G. DOUGLAS FERGUSON LAW OFFICES OF ANDERSON, HUNTER, DEWELL, BAKER & COLLINS 601 FIRST NATIONAL BANK BUILDING EVERETT, WASHINGTON 98201 TELEPHONE 2S2-5161 AREA CODE 206 November 20, 1974 '7"P Mr. Leif R. Larson City Engineer City of Edmonds Civic Center Edmonds WA 98020 Dear Mr. Larson: Re: William Gear, et ux. v. City of Edmonds RECEIVED NOV 2 1 11974 "Monds Engr- Dept. We enclose a letter which we received today from Douglas Millard in connection with the above matter. We would appreciate your having the items set forth in the last three paragraphs of his letter in our office by Friday, November 22 if at all possible. Please give me a call at your earliest convenience if this cannot be accomplished. Very truly yours, AN5SONf HUNTERF DEWELLf BAKER & COLLINS j B Ju ian C. Dewell JCD:dh Enclosure CC: Mr. Thomas D. Frey Mr. John Wallace 1 11 LAW OFFICES OF DoUGLAS MILLARD 200 METROPOLE BUILDING SECOND AND YESLER SEATTLE, WASHINGTON 98104 [206] 622-8850 November 18, 1974 Mr. Julian C. Dewell Anderson, Hunter, Dewell,. Baker & Collins 601 First Nat�onal Bank Building Everett, Washington 98201 Re: Gear vs. City of Edmonds Dear Mr. Dewell: NOV 9 �1 0 HUNTER, DEVNELL, COLLINS This will acknowledge the receipt of certain documents from you pursuant to plaintiff's Motion under CR 34 and my letter of November 5. Still to be produced, however, are the permit for underground insta ' llation by General Telephone Company, and sheets 1,2.,3, and 7 of the General Telephone plans (#210-715007). Also, you have indicated that the City's records relating to the National Construction contract for sanitary sewers (LID 72) are very limited. I would like to have a letter from you explaining specifically what records relating to this contract are in the City's possession, and, if any of these documents are within the scope of our Request for Production, they should be produced. Last, from the time the first set of materials was delivered in response to plaintiffs',request for production, we have been concerned over the paucity of work orders produced. Those produced cover only a small part of the various city departments' activities within the area described in our Request for Production. The City has apparently determined that those work orders produced, -and no others, are the only ones which exist and are within the ambit of documents described by the Request for Production. I have not seen and am not specifically aware of any particular work order other than the ones produced, but I suggest that the city make another thorough review for other such documents to be produced. Among other reasons for that, the absence of such documents may be substantively as important as the content of those documents which have been produced. Mr. Julian C. Dewell -2- November 18,.1974 Also, the request for production-ils a general one, and any number of forms of documents would be within its purview. Thus, if the city departments record their work orders or describe work or inspections performed simply in log form, certain entries in those logs would likely be subject to production. I might add here that Mrs. Gear was advised by the City Water Department in the course of a discussion having to do with an apparently separate problem, that daily logs are kept both by that department and by the Street Depart- ment. Complete production of the documents requested has been an extremely long time in coming. our request was originally served on July.15 and called for production on August . 7. Now, over three months later, we still have not received all of the requested documents. This has caused considerable delay in our other -discovery. Accordingly, I must now insist that any documents which remain to be produced under our Rule 34 Request be delivered to my office not later than noon on November 29. If they are not produced by that time, we will have to adjourn Mr. Gear's deposition in order to present our Motion to Compel Discovery'enclosed herewith. Very tya ,y yours, ARD DOUG S M 411, DM: sma Enclosure 0 RECEIVED NOV 14 1974 LAW OFFICES OF ANDERSON, HUNTER, DEWELL, BAKER & COLLINS Edmonds E091. DePIL 601 FIRST NATIONAL BANK BUILDING 0. 0. ANDERSON (1892-1961) EVERETT, WASHINGTON 98201 JAMES P. HUNTER TELEPHONE 2S2-5161 JULIAN C. DEWELL WILLIAM W. BAKER AREA CODE 206 THOMAS R. COLLINS G. DOUGLAS FERGUSON November 13, 1974 Mr. Leif R. Larson City Engineer City of Edmonds Civic Center Edmonds WA 98020 Dear Mr. Larson: Re: William.Gear, et ux. v. City of Edmonds We have delivered to Mr. Gear's attorney the documents referred to in your letter of October 4, 1974. In addition, item number 1, the General Telephone Company permit draw- ing, has now been requested by Gear's attorney. You should 0 go furnish us with two copies of the permit for underground pE;L rAVO ,.,,installation by General Telephone Company and sheets 1, 2, 11-14-14 -3 and 7 of the General Telephone Company plan (No. 210-715007). It appears that we have complied with all other requests of Mr. Douglas Millard, but I enclose a copy of his November 5 letter for your further information and cross-check. If - you will furnish us with a notation of the costs for the various documentation, we will forward it along to Mr. Millard. Very truly yours, ANDERSON, HUNTER, DEWELL, BAKER & COLLINS Ju ian C. Dewell JCD:dh Enclosure CC: Mr. Thomas D. Frey Mr. John Wallace RePoiO4 Mr-ft od PACV044 I ,r .4 je 126pAj "F I o -,3o -74, LAW OFFICES OF DOUGLAS MILLARD 200 METROPOLE BUILDING SECOND AND YESLER SEATTLE, WASHINGTON 98104 [206] 622-8850 November 5, 1974 Mr. Julian C. Dewell Anderson, Hunter, Dewell, Baker & Collins 601 First National Bank Building Everett, Washington 98201 Re; Gear Vs. City of Edmonds Dear Mr..Dewell: 4 ' We have not as yet received any of the documents which were agreed,to be provided by the City of Edmonds in our meeting of September 16. 1 believe that Dick Allen of the City Engineering Department has at least a partial -list of these documents, which list was prepared at that meeting. To repeat, the documents to be produced are: - permit for underground installation by General Telephone' Company, and sheets 1,2, 3, and 7 of the General Telephone plans (# 210-715007); - the following drawings from work contracted to National Construction (LID 72): Nos. 5306 -07, -09', -10, and 1 -.12, plus all administrative records, drawings,.and inspec ' tion reports relating to National Construction work on sanitary sewer system during 1969 and 1970; - drawings of the water system (#EEW-172) in the area of the Gear home, specifically including Nos. 224-17 (May 9, 1929) and 224-4 (August, 1928), and any other drawing in the '224 series showing the area south of Walnut and any drawings showing I pipes running north and south on 6 1/2th Street, along the west side of Block 93, plat of Edmonds; - drawings 24 and 25 of the aerial photography maps made in March, 1965. We would ask that the City provide as well a copy of any work order of its Water Department on or about October 30, 1974 relating to repair of a water line or meter adjacent to the Gear home. As we have already agreed, we will reimburse the City for copying costs. Please see that these documents are made available as quickly as practicable. Vrr]�,, truly yours, 0 UG MILLARD UG DM:sma 4 so October 4, 1974 An4orsonj, Huntopq Dwell Baker t Collins 601 First Hational Bank Building Everett, Washington 98201 Attention: Julian C. Dowell SUBJEM William Goar ro CI at uxe L of Edmonds Gentlement In reference to the request by Mr. Gear and his attmmsy for additional Information, we have compiled the available drawings and material as follows: 1. On the matter of the 'General Telephone CoMwny permit drawing for cable Installation on Walnut Street, njither Mr. Gear nor his attorney have called to say they need these,materLals as discussed during the nesting at the City Engineer's Office. 2. We have obtained copies of the sanitary sewer L.I.D. No. 72 drawings (shoots 7, 9, 16 and 12) as requested. 3. The water system drawing requested by Mr. Gear an his Inspeciton visit to Public Works Department have been copied. He requested 2 shoots of the Willis T. Batcholler drawings of August 1928. 4. The aerial photography made showing topographic features In Section 24 asd�2S we" requested and copies have been made. S. We searched through the records for Item on the, National Constructim Company work an the @&nL- tary swer In approximately 1969* The only records available are City accounting records and invoLess V3,us a shoot of sumy notes for staking out the grade, of the sever prior to cobstruction. Thore is no other Information available on the sower or other -continued- Anderson. Hun* DiWell, Baker 9 Collins October 4, 1974 Page Two utility locations In relation to this sanitary sewer reconstruction project. Two copies of. -each document as requested by Mr. Gear and his attorney am enclosed herewith. You my then pass the copies to the plaintiff's attorney based upon your Judgement In this matter. If you need any further Information, pleas* do,not hesitate to call. Yours very trulv CITY OF EDMONDS LEIF R. LARSON City rngineer cc: John Wallace, Edmonds City Attorney Tom rrye