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v . 05/05/2007 00:42 [PHONE REDACTED] . Haƍ 10 2007 11:29 HP LASERJET 3330 e.nt is Located: Thia encroachment is hcrt:riJI granted by the City of Moscow ("CITY") to tbc OwnƎ subject td the following terms and oonditiona: . . 1. OWNER{S) hbreby asMnC aJI liability fort taCl'OICbmot and 111811 hold CITY hannleas and defald any claitn ·nst the CITY t(!lltc(I to 11id eDc:t'OILCbment. ; 2. CITY may (;IUWl8id a\crotchment to be re1DIQlll*1 3. &om CJTY rigbt:.of.way by requllltins that encn>achmeat within ninety (90) days ofncei Should OWNBR.{S) fail to remove said enao cmt ĒD ninay daytofreoeipt of said written .nOtioe, CITY y cawJe·taid ena"01clun1mt to be removed without further notice to S) and OWNERfĔ:) shall be rmpomible fi>r all expense& inQn1ed by in removil')S aaid. ena'Ol.c:hment. includil'ls cowt com and le 1 ƌ }tisht to Encroach Pase t of2 ---PAGE BREAK--- ' 05/05/2007 00:42 50933£.7447 PULLMAN RADIOLOGY 11.3\i 2 1 07 o.đ: 4ďĐ . · · , HP 3330 . nit ĕUDdlt fUrawr fU9 w1'.'t the l&Dd mid llllaD bf lft ldl ƈ nnd Ƌa.., 19id Ƈ la.iaa upoo . Ď1- IN WITNESƊ WREnOP, OWND(S)N'lll Ɖ • . da1 o1 ll'Mf . Əoz . , ' tt §2 ..JICITYll.Ulll : ---PAGE BREAK--- b ( 4 4 ( PULLMAN RADIOLOGY 5 4 9 5 U PAGE 02 , 10 2007 11:29 HP LASERJET 3330 Thii Agreement !hall forever run with tbe la.od Al1d lhal1 be in full force nn.d cfl'oct for so long u wd enaoachmeut rem&.in.s upon C risht-of-way. I • IN WITNESS WHB'REOF, OĈS) have heteunto ICl heir hand and seal this _JJ_ d•y or mo., ;O . OWNER(S): CITY: cf:711fkcA• State of Idaho ) )st ,County ofLstah ) \ ginee:r or desiē·:e) Ol1 th.is H · day of Pubic c>f·Ze State of Riaht to &eroaob Page2of2 Noury Public Retiding at -Ll.Jldo,.lOA.JlA.,#.ar. COUlmiasioa I· c. 2 ---PAGE BREAK--- . I I . Y1 I\ . , ă , . Vl'/ Ą ·W . . I ą7 . . , I , C\ · /.In Ɔ / V) Ă X· . . . ' 'li . - , 0 , / / , , . I i · I I / , · · . . . - . / . . . · . · 1 · / ' / / _ . / / I / I ,1 I / / . · / / I i / / I / / ' / ---PAGE BREAK--- _ _ _ _ - . . . . - . I I 1, . . . . . . . •I 5 . I · - - - . . _ Q . . - . . I I . . I I .f . . I I F I \ \ ---PAGE BREAK--- 549050 ---PAGE BREAK--- ---PAGE BREAK--- SENDER: COMPLETE THIS SECTION • • Complete items 1, 2, and 3. Also complete Item 4 If Restricted Delivery Is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mallplece, or on the front if space permits. 1. Article Addressed to: 0 Agent 0 Addressee C. Date of Delivery DYes ONo 4. Restricted Delivery? (Extra Fee) D Yes 2. Article Number (rransfer from service /abeQ 7005 1820 0002 7404 4059 PS Form 38.11, February 2004 Domestic Return Receipt 102595-02-M-1540 ---PAGE BREAK--- UNITED STATES POSTAL SERVICE 1 11 I First-Class·Mail Postage & Fees Paid USPS Permit No. G-10 •Sender: Please print your name, address, and ZIP+4 in this box• ENGINEERING CITY OF MOSCOW PO BOX 9203 MOSCOW ID 83843 II 11 l1II//1I11l 11/11f11ll 11111// 111/If11111II1tl11u1/l1/1111 I ---PAGE BREAK--- H-W rl: of tVi e Arl:s Nancy J. Chaney Mayor Bill Lambert Council President Aaron Ament Council Vice-President Kit Craine Council MDmber Torn Lamar Council Member Linda Pall Council Member John Weber Council Member Gary J. Riedner City Supervisor P.O. Box 9203 Moscow, ID 83843-1703 Website: www.ci.moscow.id.us City Hall 206 East 3rd Street Phone (208) 883-7000 Fax (208) 883-7018 Paul Mann Building 221 East 2nd Street Phone (208) 883-7022 Fax (208) 883-7033 Hearing Impaired (208) 883-7019 September 21, 2007 Ryan and Lacey Frei 2506 Shelby Lane Moscow, ID 83843 Dear Ryan and Lacey Frei, a LJ"J Cl U.S. Postal Service™ CERTIFIED MAIL™ RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) : ll!m! !;a11m111mrm11 Cl ru Cl Cl Cl Cl ru co ci Ţ;;v.;-.-ŦŧŨ-=-ũŪū Cl This letter is official notification that a portion of the six ( 6) foot high fence that you constructed in public right-of-way along Joseph Street must be relocated as shown on the attached drawing identified as Exhibit The fence in its present location unsafely obscures the line of sight for those vehicles exiting Shelby Lane onto Joseph. This encroachment was allowed in accordance with the terms set forth in the enclosed Encroachment Agreement by and between the City of Moscow and yourselves dated May 11, 2007. You have ninety (90) days from receipt of this written notice to relocate the fence. If it has not been moved within ninety (90) days the City may cause the encroachment to be removed in accordance with the terms of the agreement. All expenses of the removal of the encroachment are your responsibility per paragraph two of the agreement. I brought this matter to your attention even prior to completion of the fence's installation but unfortunately my instructions to relocate it at that time were ignored. Please feel free to call me at (208)883-7030 or email me at [EMAIL REDACTED] if there are any questions. Thank you. Sincerely 6J rom c. wt1 Dean C. Weye P Assistant City " gineer En els. ---PAGE BREAK--- E DE : COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete Item 4 If Delivety Is desired. D Agent • Print your name and address on the reverse so that we can return the card to you. D Addtassoo • Attach this card to the back of the mallplece, or on the front If space 0 Ye• D No 1. Altlelo Addro•sod lo; 2. Article Number (Transfer from· servlca. labeQ 1-tecirt of the Arts Nancy J. Chaney Mayor Bill Lambert Council President Aaron Ament Council Vice-President Kit Craine Council Member Tom Lamar Council Member Linda Pall Council Member John Weber Council Member Gary J. Riedner City Supervisor P.O Box 9203 Moscow, ID 83843-1703 Website: www.ci.moscow.id_us City Hall 206 East 3rd Street Phone (208) 883-7000 Fax (206) 663-7016 Paul Mann Building 221 East 2nd Street Phone (208) 883-7022 Fax (208) 663-7033 Hearing Impaired (206) 683-7019 4. Restricted Dellvel)"I (Extra Fee) D Yes 7005 1820 0002 7404 4059 102595-tl2·M·1540 I U.S. Postal Service.,. · · CERTIFIED MAIL, RECEIPT IT" U"J D f fJomestic Mail Only, No Insurance Coverage ProV1ded) s Ļ ļ 0 a b Conm..IFao g n um n-i.1tr eo POSlmark Here Gf, z1,01 September 21, 2007 Ryan and Lacey Frei 2506 Shelby Lane Moscow, ID 83843 Re: Joseph Street Fence Encroat Dear Ryan and Lacey Frei, ` cdw:.; Tu!oJ l'Qoa.po 5 rooo $ 2 1bis letter is official notification that a portion of the six ( 6) foot high fence that you constructed in public right-of-way along Joseph Street must be relocated as shown on the attached drawing identified as Exhibit The fence in its present location unsafely obscures the line of sight for those vehicles exiting Shelby Lane onto Joseph. 1bis encroachment was allowed in accordance with the terms set forth in the enclosed Encroachment Agreement by and between the City of Moscow and yourselves dated May 11, 2007. You have ninety (90) days from receipt of this written notice to relocate the fence. If it has not been moved within ninety (90) days the City may cause the encroachment to be removed in accordance with the terms of the agreement. All expenses of the removal of the encroachment are your responsibility per PfU'agraph two of the agreement. I brought this matter to your attention even prior to completion of the fence's installation but unfortunately my instructions to relocate it at that time were ignored. Please feel free to call me at (208)883-7030 or email me at [EMAIL REDACTED] if there are any questions. Thank you. Sincerely, ĺWt c.w Dean C. Weye P.E. Assistant City E ginecr Encls. l<2J \1 ---PAGE BREAK--- \ . \ { M . - . • ?11 I • • HeQrt of the Arts • Nancy J. Chaney Mayor Bill Lambert Council President Aaron Ament Council Vice-President Kit Craine Council Member Tom Lamar Council Member Linda Pall Council Member John Weber Council Member Gary J. Riedner City Supervisor P.O. Box 9203 Moscow, ID 83843-1703 Website: www.ci.moscow.id.us City Hall 206 East 3rd Street Phone(208)883-7000 Fax (208)883-7018 Paul Mann Building 221 East 2nd Street Phone(208)883-7022 Fax (208) 883-7033 ,ring Impaired (208) 883-7019 January 2, 2008 John Norton 109 S. Washington, Suite 5 Moscow, ID 83843 RE: 2506 Shelby Lane (fence) Dear John: Following my meeting with you and your client, Lacey Frei, I spoke to Community Development and City Engineering staff members about the fence at 2506 Shelby Lane. The Community Development department confirmed that the fence in question meets the City setback conditions of the Community Development department (contingent upon the Freis receiving an encroachment agreement into the City right-of-way). If the encroachment agreement were to be withdrawn, pursuant to its conditions, the fence would not meet the City setback requirements and would have to be removed. The Engineering department confirmed that the fence technically meets the City sight triangle specifications for intersections; however, it is the opinion of the Assistant City Engineer, Dean Weyen (after visual inspection of the built fence), that the current placement of the fence contributes to an unsafe condition for vehicles traveling north-bound on Shelby Lane toward its intersection with Joseph Street and for vehicles traveling east-bound on Joseph Street approaching Shelby Lane. The encroachment agreement (attached) was issued prior to completion of the construction of the front/side yard fence and prior to Mr. Weyen's .visual inspection of the site. The encroachment agreement includes the following, in part: City may cause said encroachment to be removed at owners' expense from City right-of-way by requesting that owners remove said encroachment within ninety (90) days of receipt of written notice. It appears to me that the City can revoke the encroachment agreement at any time and can require that the· six foot high wood fence which encroaches approximately three feet into the Joseph Street right-of-way, can be ordered removed at owner's expense within ninety (90) days of such a notice. It is my understanding that, after some discussion with City staff, your client was sent a map (attached herein and marked as Exhibit which showed a ---PAGE BREAK--- \ .I . vt \ , . . Mr. John Norton January 2, 2008 Page 2 proposed resolution. This would require the relocation of the existing fence onto the property line at the eastern-most boundary of your client's property (along Joseph Street) and would require the fence to extend back in a straight line sixty five feet (65') to the west (marked on Exhibit as "begin relocation"). This, coupled with the remarking of the stop bar for northbound traffic on Shelby Lane facing Joseph Street by the City should ameliorate the concerns of City staff. I have heard your client express her opinion that the City should pay for the relocation, and that she does not wish to relocate the fence. The encroachment agreement signed by your client clearly requires removal of the fence at your client's expense, should the City request such removal pursuant to the encroachment agreement. It seems to me that the most equitable way to proceed would be to allow for the suggested relocation in exchange for the continuance of the encroachment agreement. This potential resolution recognizes the reality of the continuing potentially dangerous situation (because of reduced visibility at the intersection, as explained above) and would prevent the City from simply ordering the removal of the fence along the entire property line pursuant to the encroachment agreement. After you have time to look at the materials that I have enclosed, please let me know what your client wishes to do. If they choose to relocate the sixty five feet (65') of fence, the City will agree that it can be relocated sometime in the Spring when the weather is better. I am looking forward to hearing from you. Randall D. Fife City Attorney RDF/pm Attachments c: Gary J. Riedner, City Supervisor Les MacDonald, Public Works Director Bill Belknap, Community Development Director Dean Weyen, Assistant City Engineer Letter/Frei,John&Lacey;Nonon,John;ReFence/pm ---PAGE BREAK--- 08/25/2007 04:52 [PHONE REDACTED] PULLMAN RADIOLOGY PAGE 02 549050 August31,2007 To whom it may concern: It has been brought to my attention that the fence on my property at 2506 Shelb1'. -needs to be moved. In April the City of Moscow issued a permit for the fence to be built at the current location. I am willing to move this fence per the city's request, granted the City of Moscow will pay all labor and materials needed to relocate the fence. If you have any question you can contact me at (208) 882-2592. Sincerely, Lacey M. Frei 2506 Shelby Lane Moscow, ID 83843 ---PAGE BREAK--- rte rt of tVie Arts. Nancy J. Chaney Mayor Bill Lambert Council President Aaron Ament Council Vice-President Kit Craine Council Member Tom Lamar Council Member Linda Pall Council Member John Weber Council Member Gary J. Riedner City Supervisor P 0 Box 9203 Moscow, ID 83843-1 703 Website: www ci moscow id us City Hall 206 East 3rd Street Phone (208) 883-7000 Fax (208) 883-7018 Paul Mann Building 221 East 2nd Street Phone (208) 883-7022 Fax (208) 883-7033 Hearing Impaired (208) 883-7019 September 21, 2007 Ryan and Lacey Frei 2506 Shelby Lane Moscow, ID 83843 Re: Joseph Street Fence Encroachment Dear Ryan and Lacey Frei, 5490fi0 This letter is official notification that a portion of the six ( 6) foot high fence that you constructed in public right-of-way along Joseph Street must be relocated as shown on the attached drawing identified as Exhibit The fence in its present location unsafely obscures the line of sight for those vehicles exiting Shelby Lane onto Joseph. This encroachment was allowed in accordance with the terms set forth in the enclosed Encroachment Agreement by and between the City of Moscow and yourselves dated May 11, 2007. You have ninety (90) days from receipt of this written notice to relocate the fence. If it has not been moved within ninety (90) days the City may cause the encroachment to be removed in accordance with the terms of the agreement. All expenses of the removal of the encroachment are your responsibility per paragraph two of the agreement. I brought this matter to your attention even prior to completion of the fence's installation but unfortunately my instructions to relocate it at that time were ignored. Please feel free to call me at (208)883-7030 or email me at [EMAIL REDACTED] ifthere are any questions. Thank you. Sincerely, zWl c. w Dean C. Weye P.E. Assistant City gineer Ends. ---PAGE BREAK--- HtArt of the Arts Nancy J. Chaney · Mayor Bill Lambert Council President John Weber Council Vice-President Dan Carscallen Council Member Wayne Krauss Council Member Tom Lamar Council Member Walter M. Steed Council Member • Gary J. Riedner City Supervisor City of Moscow P.O. Box 9203 Moscow, ID 83843-1703 Website: www.ci.moscow.ld.us City Hall 206 East 3rd Street Phone(208)883-7000 Fax (208) 883-7018 Hearing Impaired (208) 883-7019 June 17, 2008 Ryan and Lacey Frei 2506 Shelby Lane Moscow, ID 83843 RE: 2506 Shelby Lane (fence) Dear Ryan and Lacey Frei: 549050 This letter is to confirm that you have relocated the fence on your property to a location approved of by the City Public Works Department in accordance with the request made to create a better sight distance for the intersection at Joseph Street and Shelby Lane. I appreciate your patience in working with the City to create a safer environment for those traveling in your neighborhood. The City will not be requiring any further action related to the fence. If you have any questions, please contact me. Randall D. Fife City Attorney RDF/pm c: Gary J. Riedner, City Supervisor Les MacDonald, Public Works Director Bill Belknap, Community Development Director Anne Clapperton, Assistant Community Development Director Dean Weyen, Assistant City Engineer Letter/Frel,Ryan&Lacey;2506ShelbylaneFence/pm . -z ' • J I lÄ)lh Ill \ ---PAGE BREAK--- - ; . - · - - · v wt- 5 . · . . _ - ) · - _ · - · - • J - · . . I l 8 • . I 4 . . · · \ 6 icluH from 3' oehinx s1oywa\k-to- 1 beh'1nd 1 as shown 549050 1" 33' C7/.f/ / . - , " ' ' ' ' / · · . · . / / / . " . · / / . . - " . . / / , , . . · - ' / / . . ---PAGE BREAK--- . . _ I I I · l" , I _ 5 -x-y· 0 - - + Je ĸ . • v 6 . \ \ E.X.H\BlT.'A / . " / I / 549050 . . . I 931 / / . / / / / ,