From:                              Rachel Gay Rosser [saverosserhome@yahoo.com]

Sent:                               Thursday, February 27, 2014 7:42 PM

To:                                   Hill, Elizabeth; Amy Calderwood

Cc:                                   Peter Ray; Andrewgniss; Truman O'Brien; John (Jack) R. Venrick

Subject:                          Re: Survey

 

Elizabeth,



Good morning.

 

We agree that the surveys have not met KCC, WAC and RCW and thank you for sending the information about the other state agencies.    Page 1 of the 3 pages of information attached to your email was missing, was it intended to be sent as well?

 

The reason we contacted the KC Ombud Office was because a KC Agency has allowed non-compliance to law and regulation, has not responded as codes designate to our complaints & by doing so have allowed negative impact to our private property.  The surveys are but a part of what is in non-compliance and KC Administrative Agency DDES/DPER is designated in KCC as who to contact and request compliance enforcement. 

 

Additionally had the KC Recording office looked at the survey dated June 3, 2009 by Mr. O'Hare that was filed July 2009 to make sure that the legal description met the mapping as law and regulation requires, and it does not, the survey would have been rejected.  Therefore had that KC Agency met the administrative oversight as is designated KCC, WAC & RCW this mess could have been avoided.  

 

Also DDES/DPER is in the business of looking at surveys and knowing the law and regulations that are required when changing property lines associated with a project.  Had that KC Agency upheld KCC, RCW & WAC regarding VPD and the use of private land against the citizens wishes that the citizen has and is paying taxes on then this mess could have been avoided.

 

We understand that the KC Ombud has oversight when a KC Administrative Agency is not adhering/enforcing KCC, WAC and RCW.  We are still waiting for the DDES/DPER to respond & resolve, it has been 3 years now since our 2 March 2011 filed complaint.

 

None of the surveys being referred to and utilized by the Vashon Parks on Vashon School District #402 property designate previously existing property lines and designate new lines as code requires.  Nor has a review to alter a lot line or borderline adjustment or change been accomplished as codes require and filed in KC Assessors Office.  

 

If your office has been able to find surveys recorded & documents containing this information, please provide us with copies.



To make our point clear we repeat, there has been NO survey in compliance to law and regulation & no review process as codes and regulation require to move, alter or change the lines as existed and documented since 1864 & 1912 in any KC Agency.  Again if we are incorrect in this please provide us with the information. Thank you.  

 

As this situation moves forward to move the water tanks the 50 feet from the property line & adhere with KCC & the electric poles, stadium lights, dugouts, bleachers, sprinkler systems, structures, replacing monuments & etc. to bring into County & State code compliance it is imperative that a property line be established that adheres to law and regulation to measure from.  This seems an extremely important first step for us to attain.  This would be the existing lines established 1864 and 1912 and as VISD #402 accepted and VPD accepted 1947 and VPD accepted 2008.

 

Has your office been able to find any surveys that document and map the pre-existing utility corridors on these parcels?  If so please provide us with a copy.  Thank you.

 

Elaine Ott from the VPD says she has been in touch with you.  That is good that we are all beginning to communicate with a focus to do the right thing and bring the project into law and regulation & code compliance.  And to repair the damages that are a result of the non-compliance and not adhering to the permit as approved a C&G Type 1.

 

You may have tried to call us, my phone is not reliable.  The most secure way to reach and communicate is via e-mail. 

 

Let us know if there is anything we can do to assist in this matter.

 

Thank you for your time and efforts.

 

Margaret and Gay Rosser

Friends and Neighbors of

saverosserhome@yahoo.com

 

 

 

 

 

 

On Wednesday, February 19, 2014 6:17 PM, "Hill, Elizabeth" <Elizabeth.Hill@kingcounty.gov> wrote:

Gay:

 

I did find a checklist for Survey maps being recorded which is attached.   The only thing I see that might apply is what I highlighted in yellow which is under miscellaneous and relates to changes to a previously filed survey.   Let’s talk this part over.

 

Elizabeth Hill

 

Senior Deputy Ombudsman for Rural and Unincorporated Area Affairs

King County Ombudsman’s Office

516 Third Avenue, Room W1039

Seattle, Wa.  98104-2317

 

206-477-1058

 

 

This email is a public record and may be subject to public disclosure

 

 

 

 

 

 

From: Hill, Elizabeth
Sent: Wednesday, February 19, 2014 6:00 PM
To: 'saverosserhome@yahoo.com'
Subject: Survey

 

Gay:

 

 

Your issues with survey are complex.  I will try here to simplify the issues into three categories:

 

1)       When there is an issue with the technical quality of a survey, that should be worked out with the private surveyor that you hired.   Generally in my experience, a surveyor will be happy to explain how they established boundaries.  If you can not get any resolution to your issues with your surveyor you can contact the Washington State Department of Licensing and file a complaint regarding the surveyor.  Although again, a face to face meeting with your surveyor going over the drawings would likely yield good results.  Most surveyors are bound by their ethics to do the best job they can.  Here is a link to their complaint form and process.  

 

 

2)        When Monuments are removed they need to be replaced.  This issue is managed by the Washington State Department of Natural Resources.   I have included their contact information in the email below and I have discussed your issue with the Washington State Department of Natural Resources and they are expecting you to contact them.

 

3)      The County’s responsibility under RCW 58.09.110 is to accept for recording those records of surveys and records of corner information that are in compliance with the recorder’s checklist.   There are six items in RCW 58.09.110 which the County is to do.   These items are included in the attached pdf and they generally have to do with record keeping and they do not include checking the underlying technical work of the surveyor.   From what I understand about your complaint about the surveying issues, your complaint is not that the County failed to perform one of the six responsibilities on the list in RCW 58.09.110, but instead that the underlying survey data was in error.   For this reason I believe that you need to resolve the survey issue with the surveyor and failing that with the Washington State Department of Licensing.

 

I know you may feel that you are getting the run around, but State Law has clearly divided the responsibility for 1) overseeing work done by private surveyors to the Washington State Department of Licensing ,  2) replacing survey monuments  to the Washington State Department of Natural Resources, and 3) recording surveys to the County.

 

If you believe that the County did not fulfill its duty as defined by RCW 58.09.110 (attached) please let me know, otherwise, I can help you get to the right folks in the other agencies that look at survey quality and monument replacement which I know are two of your concerns.

 

I am still working on the setback and drainage issues which are issues as the County does have jurisdiction on those issues through DPER.

 

Thank you again for showing me your issues yesterday.  Have a good evening.

 

 

Elizabeth Hill

 

Senior Deputy Ombudsman for Rural and Unincorporated Area Affairs

King County Ombudsman’s Office

516 Third Avenue, Room W1039

Seattle, Wa.  98104-2317

 

206-477-1058

 

 

This email is a public record and may be subject to public disclosure

 

 

 

 

 

From: Hill, Elizabeth
Sent: Wednesday, February 19, 2014 4:09 PM
To: 'saverosserhome@yahoo.com'
Subject: FW: Survey

 

Gay:

 

I spoke with John Gasche today at Washington State Department of Natural Resources.   His direct line is 360-902-1230.   John said if you can let him know which monuments were removed he may be able to help.

 

If you do call him, I encourage you to focus just on the monument removal.  That way John can help you with that since that is in his jurisdiction.

 

I will continue to work with you on the setback and drainage issues.

 

I know you have other concerns but I am trying to sort through the issues and get the right folks on each issue.  Over the years I have found that to work best.

 

 

Elizabeth Hill

 

Senior Deputy Ombudsman for Rural and Unincorporated Area Affairs

King County Ombudsman’s Office

516 Third Avenue, Room W1039

Seattle, Wa.  98104-2317

 

206-477-1058

 

 

This email is a public record and may be subject to public disclosure

 

 

 

 

 

From: Hill, Elizabeth
Sent: Wednesday, February 19, 2014 3:55 PM
To: 'saverosserhome@yahoo.com'
Subject: Survey

 

Gay:

 

Thank you for showing me your property yesterday and the issues at the Park.    You talked about a number of issues including removal of survey monuments.

 

The Agency I have worked with on past projects with regard to removal of survey markers is:

 

Washington State Department of Natural Resources.   Here is a link regarding their required permits for removing and restoring monuments.

 

 

This may be helpful to you in terms of getting survey monuments restored.

 

 

Elizabeth Hill

 

Senior Deputy Ombudsman for Rural and Unincorporated Area Affairs

King County Ombudsman’s Office

516 Third Avenue, Room W1039

Seattle, Wa.  98104-2317

 

206-477-1058

 

 

This email is a public record and may be subject to public disclosure