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HomeMy WebLinkAboutPermit Correspondence 1984-03-20SPITTNGFIELD CITT OF'SPRINGF'IELD Department of Public Works March 20, L984 Mr. C.A. McKinnis 380 North 17th Street Springfield, 0regon 97477 SUBJECT: Permit Issued For Sewer Repair/Replacement at 380 North 17th Street Dear Mr. McKinnis: In May of 1983 the City of Springfield issued.a plumb'ing permit for the repair/ replatement of the private sewer lateral serving your pryperty. The p-ermit and repair/replacement work was necessary because the o'ld sewer latera'l had co1'lapsed,.disrupting sewer service to your property and allowing raw sewage to escape into the ground. At the time the permit was issued, the City was aware that: 1.- The sewer'lateral crossed a neighboring privately owned lot before connecting to the public sewer; and Z. No sewer easement, either public or private, existed across the ne'ighboring property. The City was also aware that the sewer lateral had been in continuous use under these c-onditions for many years and, in our opinion, could not now be denied. Although we believe the 6wner of the property (or his/her representative) across which lhe sewer lateral passed had every right to request that the lateral be re-routed durjng the repair/replacement for some purpose of his own, we do not believe he had the right to demand'it at your expense. ny case,and for the reasons herein stated, the permit was issued to repair/ ace the sewer lateral as it had existed for many years. The fact t hat Iateral was re-routed, for whatever reason, does not constitue a vio I ation ny City Code. llle recommend that you seek the advise of an attorney shoul d the matter of re-routing further. V truely Ina repl theofa you -',:l [, Ronal ),b i "\ a!"k-, Superintendenti of Buil ding ,i NOTARY PUBLIC FOR OREGON (): RBC/1 h 225 North 5th Street a Springfield, Oregon 97477 a 503/726-3753 My Commi ssi on Explres t E- \\C -8h SPRINGFTELD CIIY OF SPRINGFIELD Department of Public Works March 1.3, 1984 Mr. C.A. McKinnis 380 North 17th Street Springfield, 0regon 97477 SUBJECT: Permit Issued For Sewer Repair/Repiacement at 380 North 17th Street Dear Mr. McKinnis: In May of 1983 the City of Springfield issued a plumbing perm'it for the repair/ replacement of the private sewer lateral serving your property. The permit and repair/replacement work was necessary because the old sewer lateral had collapsed, disrupting sewer service to your property and allowing raw sewage to escape into the ground. At the time the permit was issued, the City was aware that: 1. The sewer lateral crossed a neighboring privately owned lot before connecting to the public sewer; and 2. No sewer easement, either public or private, existed across the neighboring property. The City was also aware that the sewer lateral had been in continuous use under these cond'itions for many years and, in our opinion, could not now be denied. A]though we believe the owner of the property (or his/her representative) across which the sewer lateral passed had every right to request that the lateral be re-routed during the repair/replacement for some purpose of his own, we do not believe he had the right to demand it at your expense. In any case, and for the reasons herein stated, the permit was issued to repair/ replace the sewer lateral as it had existed for many years. The fact that the lateral was re-routed, for whatever reason, does not constitute a v'iolation of any City Code. l^le recommend that you seek the advise of an attorney should you wish to pursue the matter of re-routing further. Very truely, Ronald B. Clark Superintendent of Building RBC/l h 225 North 5th Street o Springfield, Oregon97477 a 503/726-3753 /*+fi- DECLARATION OF PRIVATE EASEMENT KN0l,, ALL MEN BY THESE PRESENTS, that the undersiqned, hereb.v called clrantors, are hereb.y declaring that the following described nrooertv is a sanitary sewer easement: The easement shall be used fbr the maintenance or replacement ofsanitary sewer serving the following described property: /. STATE OF OREGON ) county of Lane I ss ' i BE IT REMEI''IBERED, That on this -- da-v of the undersigned, a Notar..v Public in and for sai ount.y an 19 , before me, State, personal l.y appeared the within named known to me to be the ide nt'ical i nd'iv'idual described in and w executed t ho executed the he same freelywi th j n j ns trurnent and acknourl edqed to me that and voluntarily. TESTII4ONY t,JHEREOF e day and year 'las have hereunto set m.y hand and affixed mv offjcial bove wri tten.sea I ,ItaIN th Notary Public for 0regon l'ly Comm'iss jon expires: