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City of Everett �ngineer -9- <br />yay 13, 1982 <br />rights of way as necessary to complete the re�uired street improve- <br />ments. This section of the ordinance could easily be construed as <br />being limited solely to the ownership of the applic:.it which in <br />this case is the ownership of leasehold rights as a lessee. To <br />the extent that those leasehold rights can be given to the City <br />should required street improvements be constructed during the per- <br />iod and term of the lease, my client is most willing to do so and <br />will execute a deed whereby my client's rights to compen � tiun <br />for the taking of lease lands for public purposes is caai��ed. Thus <br />to the extent that the taking of sucYi property would require com- <br />pensation to my client as a lessee, the total amount of n:oney the <br />city would have to pay to acquire title of the property through <br />condemnation would Ue reduced. <br />The purpose of this letter is to have you consider the assertions <br />set forth therein and direct the issuance of a building permit <br />as applied for. To tliat end, there is enclosed thr.ee conies of <br />plans previously submitted to your Public S9orks Department and <br />your Mr. Larry G. Crawford and Dennis R. Gableman are both familiar <br />with the entire application. <br />Should it be that you feel you cannot grant this buildinq permit, <br />then it would be appreciated if you would conform to Section 8 of <br />the ordinance, "Appeal Procedure", and at your earliest opportunity <br />make a decision in writing in order that an appeal may be made <br />therefrom to the Iiearing Examiner and the process of apFeal and <br />interpretation of the ordinance and its legal effect can be com- <br />menced. <br />It would be appreciated if you would give this matter. your earliest <br />consideration as time is of the essence and it �oould appear that <br />should appeals be necessary, some time caill be spent in the usual <br />procedural steps. <br />I trust that you can in your good judgcient find that the proposed <br />car �oash building does not present any =ilreat to the public health, <br />welfare and saf.ety and that a building petmit can be issued on the <br />ground that the street cloes not requi�a wideninq by reason of the <br />constri�ction of the car wash facility andthat the only conveyance <br />neened of the applicant is that he .Tive his lessee's interest to the <br />city in the event that during the term of his lease, sh�uld the <br />city desire to take the suUject property for a street wid�.ing <br />project, no compensacion or condemnation would have to be processed <br />against the applicant or any moneys paid to him for his property <br />rights. <br />Thank you for your consideration and we await your decision on this <br />matter ir. writing as required by the ordinance. <br />urs trul , <br />1�,� (l � <br />�L w �S`' A. BEL � / ��� <br />Att rney forliorizon Enterprises, Ltc <br />cc:Georae D. C7ieman <br />