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Home My WebLink AboutComments Miscellaneous 4/25/2007 v ,~. .', "',. " .' .' ~ '. ,". "'1// WICKLUND LIVING TRUST -":"- - April 25, 2007 . ' ~[E@~'~ll J~~O~I ~ ~- "..s L/:~2'b-01 By Ms. Linda Pauly .Urban Planning Division City of Springfield 225 F;fth Street Springfield, OR '97477 . Re: . City of Springfield Case#: DRC2007-00027 Applicant: Pacific Source.. .....j :EMAIL: lDaulvr@.ci.sDriUl!field.or.u~ Dear Ms. Pauly: On behalf of the Wicklund Living Trust ("The Trust") and as Trustee (am in receipt of your "300-Foot Public Notice-Pending Type II Site Plan Review Modification"Case Number DRC2007-00027 by Pacific Source. It is the opinion of the Trust that the location of this subdivision has a direct impact on our property to the north of subjecl and therefore we have an issue as it relates to stonn water retention and possible drainage and discharge into the Maple Island Slough as well as Noise, . Your notice dated April 24, 2007 suggests criteria available at Springfield City Hall exists and i would '. like to see that Thursday May 3, 2007 at 8:00am. Please have the appropriate infonnation available for my inspeclion at the front counter at thai time. I am particularly interested in researching what precautions Pacific Source is making to assure the following: . . '1. .No contamination of drinking 'water will occur. '2. No contamination of ground water will occur. . . . 3. Noise. As discussed the Trusthas plansJorits property, and is' developing infonnation as we speak. NoiseJrom.a 500 kilowatt generator could in fact have ~ 8eriO\~s impact on our project.. . .. '.: : " '., . 4.. What areihe dimensions oflhe generator? .., .' .' .. . 5. What is the color? '. . ., ..,. ..... .' 6, Is the generator dies'el operated? 'If so, w,hai precaution's with regard' to environmental is ,being taken.' ". ." . '7. Where is th~ stonnwater discharge going? ; ,.' ". " .,;" .' . It appears th~ above refere~ced Applic~nt 'irilends to disch~;ge sion;, wat~r directly intothe Maple Island : Slough'which is the Trust's southern boundary. Should that not be their intent rather intend to discharge its stonn water into the City of Springfield's storm water system, then it should be pointed out the City of Springfield has a Stonn Water Pond' located under the Bonneville Power Line lhat is also situated on the. Trust's southern' boundary with 'a 72"stonn water pipe le~ding to itwherein I believe the very water' , . . Pacific Source might otherwise discharge.into the City's system will within minutes be simply re-routed into the aforementioned storm water pond and subsequently discharged into the slough. . ." ~ . " -, ',.1. . , . .' . . . ' I have researched our files and find on April I, 1985 our atto~ey Timothy Harold of Harms, Harold & Leahy received a letter from Mr.:David True with the State Land Board wherein he indicates that the. . State quitclaimed the slough to Carl'and Anita Nelson on August 9,1938 who subsequently sold the . "property to the Trust. On July 8,1985 the Division of State Lands' David True sent a letler to Mr, Harold .. that states, ....Staff/wi canclud~d (hat since the abandoned chamie/olthe McKenzie River was previously .., ..,.... 8720 ~w Parkvicw Loop~ Beaverto~ OR USA 97008 /hone: 503-641-3062. Fax: 503~6:41-0980 Email: Wickl.und_Associates@coll"!cast.net , , . ~,.' . <',. ...~'f. '~,' .:. . '!, ,:')' .' .' '" '. .,.-.... ;, " . ~, : .~. " "I '. '1 'Pf/ ,'.,.' '" .' .Page 2 o~2 conv~yed to the former owners oft/'-e Wicklund property; the issue need not be brought back to the. Land , Board".... ,( " ' To paraphrase, The Trust oWns the entire slough not a portion, nor even to the center, bU.1 the entire slough to the "Left Bank" beginning from the Trust's'NE property corner in accordance with Quit Claim Deed 8531964. The Trust has been excellent stewards of the slough for over 55 years and il now appears various developments including subject may need the slough for purposes of storm water discharge; possible riparian, wetland and/or landscape requirements. Recently Bonneville Power Administration chopped and dropped a signi ficant number of trees and brush in the slough to make way for a realignment of power lines for the benefit of contiguous property owners as well as to assist in the realignment of those lines from the large flyover at Exit 195 1'5 and Beltline intersection, Following the removal of those trees and brush we noticed where Shorewood Packaging has a pipe protruding from its property into the slough whichwe can only assume is a storm water pipe, We also notice a ;ery large canal designed for Royal Caribbean leading towards the slough. 'THEREFORE, by this writingihe Trust hereby places the City of Springfield on notice that The '. Wicklund Living Trust owns'the entire Mapklsland Slough from the slough's southern most extreme, '. bank to lhe slough's north bank. The slough is not commonly oWned and neither do we believe it falls. under State or Local jurisdiction permitting privateorpuI;>lic use of our property, As I interpret City Planning Code storm ~ater discharge onto another property owner's property within the City limits is not .legal. Now it is true a majority of the Trust's property is considered Lane County real estate and not ,within the City limits 'of Springfield but I bdieve you will find our slough is inside the City limits of Springfield and therefore we have the right to demand all past and future developments cease and desist, . from further storm water discharge into the Maple Island Slough. 1 recommend you investigate our claim , of slough ownership prior to granting Pacific Source development approval for their Site Plan,Review Modification' ,.., " , ' "1:', " The Trust looks forward to' future meetings with you and the City concerning Pacific Sources' 'development plan as our long term development vision >><e believe is analogous with the City's in the midst of evidentiary h'ToWth in the region, ,Sho'uld you have any questions or comments please do not hesitate to contact me.' ' r Sincerely,", . ~ " " ."'. :" "~ . . . , ~- . - :RAYj.liA::;;'i"rll~-'~, ' ~~ .' -t. '~;' " . 'I .' '.,,' . ~1' ., ",r '.1"., - .' , ',' .",' :Earle D. Wicklund Trustee " r" :.i., ~. , "",'. . .',,'1 i.;; ~ " ., . " ~,:. \"', '" . EDW/jdc. 'it,:.". " , ~' '" ',.. 'J1:~'@~,~ ~'~ l' '''UL Jj .. "BY'" L(Z5 -DJ' .. .' " .' ,,", ,.....' C " " . ".' Wicklund Living Trust .~ Thorp, Purdy, J~wett, Urness & Wilkinson P.c. . ',4r., .< " Wicklund Living T~st City-~fSpfd Andy Limbrid re Liberty ProfCtr 4,19,07 . ' . "r , .;' J . ,~ ~ .,', " ',. ," "., . " '. i"" 'I', " " .., ",' ',' !,. .",1: ',:'; 8720 SW 'parkv}ew I~oop, Beaver-on, OR- .USA 97,008 "',:' ..~" . . ,;' '."-, Phone: 503.64.1~3062 Fax:;50~-641"0980, Email: ~icklund~racnet.com' .., . .", '." i.... ' " ~ '. " - :.",,',' .:.? ," .,<,' .iI,.. , "',' ;..:, ." .,,,',-'"