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HomeMy WebLinkAboutLEtter from Pamela Ferry Page 1 of2 Tara Green From: Anna Canning Sent: Tuesday, August 22,20064:56 PM To: Will Berg; Sharon Smith; Tara Green Subject: FW: Tonights' Agenda Item #18 - Touchstone Place Subdivision Attachments: Fax to All 4-5-06.doc Anna Borchers Canning, AICP City of Meridian Planning Director From: Pamela D. Ferry [mailto:pamelaferry@aoonet.org] Sent: Tuesday, August 22, 2006 4:51 PM To: Justin Lucas; C. Caleb Hood; Anna Canning Subject: Tonights' Agenda Item #18 - Touchstone Place Subdivision Pamela D. Ferry Attorney at Law 511 Saxony Place, Suite 101 Encinitas, CA 92024 Phone: (760) 479..2424 Fax: (760) 479..0089 Tuesday, August 22, 2006 City of Meridian ("City") Ms. Anna B. Canning 660 East Watertower Lane Meridian,Id 83642 FAXED & MAILED this date RE: City Council Meeting at 7 p.m. August 22, 2006 Agenda Item # 18 Touchstone Place Subdivision by Horizon Development 1187 East Fairview Avenue, Meridian, Idaho Dear Ms. Canning: I represent the Howell Family Trust ("my Client") which owns the property commonly known as: 1139 East Fairview Avenue in Meridian Idaho ("Howell Property"). The Howell Property is located adjacent to the "Touchstone Property" (to the east) and the Crestwood property at 1245 E. Fairview Avenue to the west ("Crestwood Property"). In light of the fact that neither I (who has a recorded Power of Attorney for this property - see attached) nor my client (Trustee for the owner) received written notice of the above referenced city council meeting, we are unable to attend the meeting and state our objections in person. Accordingly, I am 8/22/2006 Page 2 of2 submitting this letter in strenuous objection to the approval of the Annexation, the Plat approval and conditional Use permit approval being requested by Touchstone. As was set forth in my April 5. 2006 letter to the City there are various outstanding and unresolved lot line issues affecting the three properties: the Touchstone Property, the Howell Property and the Crestwood Property. These issues include: (i) previous improper annexation of a portion of the Howell Property in the Crestwood Annexation into the City of Meridian, and (ii) Touchstone's continued failure/refusal to comply with the terms of the recorded Encroachment Removal Agreement, encumbering the property. My previous letter (copy attached) details the issues outstanding between the parties. Yet, despite the outstanding unresolved lot line issues, according to Justin Lucus, the Planner assigned to this application, he has been told by Touchstone that all the lot line issues between the three parcels (as complained of in my previous letter) "have been resolved by the parties." This is NOT true - in fact, there could be nothing further from the truth! Despite repeated requests from me to Touchstone, there has been NO response and no attempt to resolve the problems. In fact there has been nothing but a refusal to deal with these issues. This falsehood by Touchstone appears to an effort by them to mislead the City of Meridian and a blatant attempt to avoid resolution of these legal issues. My client and I would like to resolve this matter without litigation, and have attempted to get Touchstone and Crestwood to sit down with us and come to agreement on a mutually acceptable resolution. Apparently, Touchstone has decided to that it is easier to lie to the City and manipulate the City's Staff into approving the project, without addressing the issues at hand. Given the lack of notice, the obvious and significant misstatements by Touchstone to the City staff, and a presumed preference for resolving matters without the necessity for engaging parties in litigation, we hereby respectfully request that this item be removed from tonight's agenda and a meeting between the City and the three landowners be scheduled for as soon as possihlt. There is no reason why a mutually acceptable resolution of the outstanding issues cannot be negotiated. - Sincerely, Pamela D. Ferry Attorney for the Howell Family Trust Cc: The Howell Family Trust Mr. Gordon Anderson Crestwood Construction Caleb Hood Justin Lucus Attachments 8/22/2006