20081218114934.pdf12 ,duly 2008
(Dear,TJe06ors,
On 41F ,Xfy we received a copy of the Declaration of road maintenance agreement from Ron andWariCyn
Wirtz, his is the first that we have known of the agreement, We fookedat the ordinaf titre insurance and
the document was not attached to it far some reason. Andwhen we went to the City of Edmonds they were
unaware of the document. When we refinancedour home we Afnot lookcfosefy at the title insurance as we
assumedit was the same we hadreadat the time of our home purchase since it was created 6y the same title
insurance company. That was an error on ourpart as it con tainedseveraldocuments that were not attached
to the purchase title including the Declaration of road maintenance agreement and Exhibit
Sorry that it has taken us a weekto respond to information from the Wirtz on 4tf, .duly. As on 3rd july at Big
Sur, a newly retiredandvolunteerfireman of 2 months, 63 year off brother-in-law was the first casualty of
the California fires. And we have been out of town for severa[days.
The agreement was di cult for us to understand so we had an officiaffrom Snohomish County review the
document and eVfain it to us. We have attached a copy of the agreement for each of you along with the two
plot maps that the offi"cialgave us to explain the calculations of the agreement so that we can afdcome to
understand the agreement. 2 he off icial e,71ained to us that the measurements forTuget Sound Machinery
Depot Five Acre Tract Lot 27 starts at the southeast corner of John and Moria (Burgess property, we were
unaware of this.
After talking with the County official it is our understanding that none of us ((Bfackham's , Wirtz's and
Yfovic's) are in fuff compliance. We have been asked to allow the fuffl5 feet of our easement to be paved.
9fowever the Movic retaining waffbounding the easement is at 14 feet with some of their plants extending
even further into the easement. The Wirtz's have covered two thirds of the dedicated street with rocks,
asphaft, driveway, 6arkand a berm forcing traffic to travel over the easement not the dedicated street. The
County toff us that if the neighbors are requiring 15 feet of pavedeasement that should 6e the width through
the entire fength of the easement. 1tarding plants; the officialtold us that needs to be the same requirement
the entire fength of tlae easement afro. One property owner cannot be allowed to have planting hangover or
grow in the easement and another property owner denied that privilege. it needs to be the same requirement
for aff the property owners who own the easement. This wouldrequire relocation of the 916vic retaining wall:
We would accept a 14 foot width of pavement to allow the 316vic retaining waif to maintain its current
location. We woufd not accept widening the road at the water meters as this would possi6fy cause damage
to the meter 6oxes. The offkiaf informed us that if the neighbors want the road at 15 feet at the water
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Dear jergcantarsh and f= dji6rcl,
sorry that you are bath needing to deal with this negative situation. We
appreciate the efforts and time that it is taking from you troth.
We have attached a copy of the "Koad Repair Agreement" that Kon
Wirtz gave to us. When Ron gave us a copy he told us that it is not necessary
for us to sign it as they have all the signatures they deem necessary and that
they all agree and signed that we do not need to share in the financial
responsibility of the road repair.
` ken they started tho pro ect today, i 7'k November 2008, it was our
u��derstanding that they were going to proceed as they out lined in section Pj
i and #2. We were surprised and shocked to see the Emerald Paving
employee marking our prapert", to a foot plus to the north of what all the
neighbors had signed in their agreement. We thought that it wasjust an error as
no one discussed the change with us. When we asked the cmployec and the
neighbors, the neighbors indicated that it was never their plan to pave as
described in the paragraph "Py- 2" of the agreement that they all signed.
F d jikrel was kind enough to come out and try to help us all understand
the pro cct. He- pointed out that the permit had expired. After Ed left the
neighbors called jacJ, Demme at Emerald Waving (206) 722 rAVr— . The
neigh6ors then reported that jay at Emerald raving indicated that they will
pave tomorrow 1 8t6 Novem6er 2008 no matter. As there is leeway with the
City Permit and that they can Pave with an expired permit as the Cita. allows for
rain clays.
We want to 6e fair and get Protect our interests. I have left messages for
both of you. { know that you are both busy People and gave a lot of different
and difficult thins to deal with. I have concern and hope that both or either of
you can help ras know what we should do to Protect our property.
jincerely,
Dana & f'jecl<i blackham
Dana cell 206 2 1+-7 1 4)
ber-Li cell 206 21+-71 42
Road Repair Agreement
A. Recitals
L This agreement pertains to the repair of the road described in that certain Declaration of
Road Maintenance Agreement recorded on January 6, 1983 under Snohomish County
Recording No. 8301060055. Included in the repair project is a portion of the right-of-
way of the City of Edmonds.
2. Paragraph 5 of the Road Maintenance Agreement requires written agreement to any
repair or maintenance of the road by at least 75% of the parcels subject to the Road
Maintenance Agreement.
3. The parcels subject to the Road Maintenance Agreement are:
Parcel
Address
Tax Parcel No.
Current Owner(s)
A
1101 12t
AveN
00548900001911
Jackson, Mark L.
B
1103 12t
Ave N
00548900002706
Hovik, Stanley J. & Doris O.
C
1031 12t
Ave N
00607700000100
Wirtz, Ronald J. & MarilynA.
D
1 1100 12"
Ave N
00548900002702
I Blackham, Dana & Rebecca G.
4. The owners of the following parcels bordering on the road also enter into this agreement
since they will be benefited by the road repair and they have agreed to pay a portion of its
cost:
Parcel
Address
Tax Parcel No.
Current Owner(s)
E
1107 IP AveN
00548900001901
Fahey, Patrick M.
F
1105 12t' AveN
00548900001910
Goodwin, Norman P. & Elizabeth A.
G
1109 12'AveN
00548900002009
Stuart, Richard B. and Barbara L.
5. A concern has been expressed about the paving that occurs on that portion of the road and
city right-of-way that encumbers Parcel D, and the parties have agreed to accommodate
this concern as set forth below.
B. Covenants
1. Now therefore, the undersigned parties hereby agree to the repair of the road in
accordance with the specifications of the Emerald Paving contract and the City of
Edmonds permit, both of which are attached hereto.
2. The paving shall not extend north of a line extending from the southeast corner of the
retaining wall on Parcel B to the southerly extension of the large rock near the water
meters located on Parcel D. The parties shall cooperate in drawing the line physically on
the ground to aid Emerald Paving in complying with this provision.
3. The undersigned agree to share in the cost of the repair in the following proportions:
Parcel
A
Address
1101 12 Ih Ave N
Tax Parcel No.
00548900001911
Current Owner(s)
Jackson, Mark L.
_proportion
116
B
C
D
1103 12'
1031 12`
1100 12`
Ave N
Avc N
Ave N
00548900002706
00507700000100
00548900002702
Hovik, Stanley J. & Doris O.
Wirtz, Ronald J. & Marilyn A.
Blackham, Dana & Rebecca G.
116
116
---
E
1107 12t
Ave N
00548900001901
Fahey, Patrick M.
116
F
1105 12`
Ave N
00548900001910
Goodwin, Norman P. & Elizabeth A.
116
G
1109 12`
Ave N
00548900002009
Stuart, Richard B. and Barbara L.
1/6
Parcel
Ma . J ekson Date
Parcel B.
Atanley. ov' Date Doris O. Hovik Date
ED ,
oval Wi Date Marilyn A xrtz Date
Parcel D.
Dana Blackham
Date
Rebecca G. Blackham Date
Parcel E.
P ri . Fahe Date
Parcel F.
Norman P. div Date Eliz eth A. God vin Date
Parcel G. /% t -a
Richa - Date r ara art Date
2