Olson_EasementDispute.pdfRECEIVED
RosELLa oLsoN SEP 16 20"NT ��CES
23904 84th Avenue West, Edmonds, WA 98026 �CoUNTER
(425) 778-2820
shobiz2OOl@botmaii.com
TO: DUANE BOWMAN, Development Services, City of Edmonds
CC: GINA COCCIA, Assoc. Planner, City of Edmonds
FROM: ROSELLA OLSON
RE: OBJECTIONS TO Margaret/Margo Henson's Application for
Development Permit
FILE: FILE # S-2008-14
DATE: 8112/08
My name is Rosella Olson and I own the property at 23904 84th Avenue West,
Edmonds, WA 98026, TAX NO. 00463301600103, adjacent to Ms. Henson on the
north border. Henson address is 23912 84th Avenue West, Edmonds, WA.
My objection is to Ms. Henson's Development Application for a Permit to subdivide
one parcel into two lots. The site is zoned Single Family Residential (RS -B). She
submitted fraudulent documents to qualify for the Permit.
1. Ms. Henson falsely and fraudulently filed a Notorized Quit Claim Deed
with Snohomish County, dated January 11th and filed February 1, 2008, by
representing herself as the false owner of my property, gifting back to me
my own property with an Easement attached. She did not have my
permission or consent. I was never consulted or informed. I never agreed to
an Easement or a grant of property, nor was I ever presented the Quit
Claim document. She filed it secretly, without my knowlege. The purpose
of this Easement was to enable Ms. Henson to increase her property size,
allowing her to build a driveway on my property giving her access to
property she is developing on her back lot. SHE HAS NO EASEMENT ON
MY PROPERTY LINE.
2. This proposed Easement would have a significant negative impact
to my property, requiring the destruction of an established orchard, a
mature and established lilac hedge, flowering scrubs and the orginal split
rail fence built by my father in 1956.
3. This Quit Claim Deed was brought to my attention by a friend who notified
me when I was out of town.
Page 1
4. Surveyor Jessee Jarrell of Western Engineers recorded Ms. Henson's
fraudulent survey recorded and submitted it to you on March 20, 2008
showing "Enjoyment and Recreational Easement AFN 200802010378",
located on Henson's northern boundary between our properties. SHE HAS
NO EASEMENT ON MY PROPERTY LINE. Mr. Jarrell didn't reference
all the original markers for his survey and he had no proof that the
"Easement" was legal, yet he included the Easement on his survey. He was
given notice of the location of two of my original markers by Mary
Pelamatti, tenant of Ms. Henson, when he was on the job and I gave Ms.
Henson notice by phone.
5. My attorney Ms. Rebecca K. Wiess also gave notice in a letter dated April
28, 2008 to Margaret Henson, Stewart Title Company and the City of
Edmonds. She states that "my client and her parents have owned and
occupied the property at 23904 since 1955. The boundary between her
property and yours has never been questioned prior to your recent survey.
Be advised that my client has made no agreement with you, was not
informed you were recording any such document and hereby refuses
delivery of the Easement. Ms. Olson will vigorously defend all of the land
which has historically been part of her property."
a. At the time the letter was sent out, we had not yet professionally
confirmed the accuracy of my property lines until I hired Pace
Engineers. My attorney sent the letter to Ms. Henson before I had
the opportunity to engage my own surveyor. Subsequently, Pace
Surveyors confirmed that all my property lines are accurate.
6. On May 9, 2008 I hired my own engineering firm, Pace Engineers Inc.,
1601 Second Avenue, Suite 1000, Seattle, WA 98101 to conduct my own
Boundary Survey. The Principal Surveyor is Neil Cabbage. The the cost to
me for the survey was $8,000. Pace performs government surveys as well
as private surveys. They worked two weeks in the field and FOUND ALL
THE ORIGINAL MARKERS for the entire block. They confirmed that my
boundaries, records and markers are accurate and Ms. Henson has no
claim to my property. Copy of the survey is attached and recorded with
Snohomish County on July 16th, 2008.
7. By comparing the recent Henson survey to the Olson survey it is apparent
that Henson's survey does not use the original markers. Henson and her
surveyor Jessee Jarrell were. both given notice where three of the original
markers were located. My survey proves Henson's claims to my property
on my south border invalid and that she has no claim to any of my
property. Therefore the information recorded on the Quit Claim Deed is
fraudulent.
Page 2
a. It appears the manipulation of Henson's Quit Claim Deed and
Easement were for the sole purpose of stealing Olson's property for
a driveway to Henson's back lot for the purposes of development
and greed!
8. As pointed out to me by Principal Surveyor, Neil Cabbage of Pace
Engineers, the fraudulent Quit Claim Deed entitled Easement also reflects
that the footage encroaching into my property on the west end as 39 feet
and the east end as 21 feet, whereas the survey map submitted to the
Planning Commission reflects 3.9 feet on the west end and 2.1 feet on the
east end. The decimal points have been omitted on the Quit Claim Deed,
making the impending fraudulent encroachment very severe.
My neighbor Mary Pelamatti, Ms. Henson's tenant showed Ms. Henson's surveyor
Mr. Jarrell my two original iron pipe markers in the back of my property. Mary
explained how she witnessed in the past several years, the developers on the south
side of Ms. Henson's property (when it was owned by Kathy Burnett) encroached a
considerable amount of feet into Ms. Burnett's property. In one afternoon when no
one was home, the developers cut down the tall laurel hedge, tore down the fence,
paved a driveway to the back lot where they were building a new house and built a
new fence. With this new information Mr. Jarrell stated to Mary that he would
come back and correct his survey. He never returned.
a. I have legitimate concerns that Henson may destroy my property
and strip my boundary markings to justify her claim to my property when I am out
of town. It appears that a pattern of behavior has been successful by other
developers in the neighborhood by stealing property and taking out all the
landmarks.
I spoke with Ms. Henson on the phone around Christmas of this past year when I
noticed surveyors red plastic tags on my fences. I stated "she was not going to push
into my property to make up the difference". She was aware of the pushed over
driveway on her south border and she agreed that this was my property. She
claimed she would bring her surveyor back to change the survey. On a subsequent
phone call Henson claimed she brought the surveyor back and he changed the
survey. When I asked why he didn't move the red plastic tags and she said "he
didn't have time". Obviously, he never came back and never corrected the first
survey.
Ms. Henson recently purchased lot one (the front property bordering the street) on
her south side. I personally measured her two front lots adjacent to the road, 84th
Avenue West, and the two lots each 75 feet wide measure exactly 150 feet
WITHOUT ENCROACHING INTO MY PROPERTY and which is reflected in my
survey. She has her 154 feet. There is no reason to steal any of my property.
Page 3
1
My property was purchased by my family in 1955; North 75 feet of lots 1 and 2,
Block 16, Hanbury's Sound View Tracts, according to plat thereof recorded in
volume 7 of plats, page 20, records of said county. All the parcels are the same
dimensions, in width, 75 feet. The original two iron pipe markers still stand on
either side at the back of my property and all the plots on the same block have the
same markers lined up in row, although most have been sawed off at ground level,
but you can still find them.
My father Harry V.Olson hand built a beautiful split rail fence in 1956 which still
stands today across the front of my property and down lot one bordering Ms.
Henson's property. I have pictures of the property when it was first purchased and
hand drawn diagrams by my father of all shrubs and trees that he planted. The
boundaries have remained the same for 53 years. All the parcels were zoned for
Single Family Dwellings.
By profession, Ms. Henson is a Land Appraiser, Market Appraisal Inc. She is held
to a higher standard than the average citizen. She knew very well that her survey
was fraudulent, claiming my property was her property and gifting it back to me
and filing the notorized Quit Claim Deed without my knowledge or approval and
unilaterally calling it an Easement so she could put a driveway on my property to
her back lot under development. Filing this Quit Claim Deed with Snohomish
county is a fraudulent conversion of property and misrepresentation on a notarized
document. Ms. Henson stole my property by falsifying a fraudulent survey and
filing it with Snohomish county.
On a personal note, my mother died a year ago in March and it has been a very
hard year for me. I have been in mourning for my mother and I have put in a
tremendous amount of work cleaning out the house, settling the estate and at the
same time running my own business. I have inherited a handicapped sister for
whom I am responsible. Henson's bad behavior shows her callous disregard for my
feelings. She thought she could get away with this "land grab" while I was
preoccupied and vulnerable. She has caused me a great deal of stress and expense.
Sincerely,
Rosella Olson
Page 4
1200 5TH AVENUE
SUITE 1810
REBECCA K. WIESS SEATTLE, WASHINGTON 98101
Phone (206) 622-4425 Fax (206) 622-9021
E -Mail
ATTORNEY AT LAW @q'-"est.net
April 28, 2008
Margaret Henson
70190146 Avenue NW
Seattle, WA 98117
Re: 23912 84th Avenue West, Edmonds
Dear Ms. Henson:
I represent Rosella OIson, the owner of property at 23904 84th Avenue West in Edmonds. You own
adjacent property at 23912 84th Avenue West.
Very recently, my client discovered that you had recorded an Easement under Snohomish County
recording number 200802010378 (copy attached). Please be advised that my client has made no
agreement with you, was not informed you were recording any such document, and hereby refuses
delivery of the Easement.
My client and her parents have owned and occupied the property at 23904 since 1955. The
boundary between her property and yours has never been questioned prior to your recent survey.
Regardless of the survey results or accuracy, title to the land claimed by my client was long ago
established by both adverse possession and the common grantor rule. Ms. Olson will vigorously
defend all of the land which has historically been part of her property.
My client always seeks to be a good neighbor. If there are issues concerning the development of
your property which affect Ms. Olson and which you wish to discuss, please contact rule. But be
clear that you must respect her entire property, regardless of any survey lines. I have been
instructed to take any necessary legal action should you fail to do so.
Sincerely, RECEIVE
SEP 16 2006
DEVELOPMENT SERVICES
Rebecca K. Wiess
COUNTER
cc: Stewart Title Company (see attachment)
City of Edmonds, re: permit application at 23912 84th Avenue West
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