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LARRY A. MUSING <br />WILLIAM P.'1'RI <br />XIMENA O. WESI' <br />I'1?TER J. ANDRUS <br />OF 000NSEI- <br />JAMIE JI7NSEN <br />October 21, 2008 <br />JELSING TRI WEST & ANDRUS r1.1.c <br />Attorneys at law <br />2926 Colby Avenue <br />Evemu. Washington 982014078 <br />John C. Dippold <br />Carney Iiadley and Spellman <br />701 Fifth Avenue <br />Suite 3600 <br />Seattle, Washington 98104 <br />Re: Chase -Anderson issue <br />Dear Mr. Dippold: <br />OFFICE (425) 258-2688 <br />FAX (425) 259-9097 <br />EMAIL Jamic timmlaw.com <br />Kimberly a lwmlaw.corn <br />I received you c-mail yesterday. I represent both Chris and Todd Chase. Time is not of the <br />essence for my clients. The damage has already been done to them. We feel that it is better to <br />I lave the right corrective work done rather than the fastest. You may have a different view of the <br />matter. <br />Our first concern is making sure that nothing like this can ever happen again. I am waiting to see <br />what options you present for this issue. It was addressed in the October 91h letter. It is your <br />clients' property. They should determine how they will stop any future trespass of water onto <br />my clients' properties. <br />Second, we need to have the detritus removed. There is no sense in putting erosion control <br />materials on dirt and trees or tree parts that will be removed. My previous letter addresses the <br />possibility of leaving the trees. Our experts suggest that the trunks may be able to stay if they are <br />positioned better. Your dirt has to be removed from the Chase properties. <br />Third is the restoration of the hillside. The pile wall does not seem to pose any issues except for <br />those noted by our geotechnical engineer. His continents are included with this letter. The tic -in <br />points are a major concern for my client. <br />As for the restoration of the trees, we reject your proposal for one gallon trees. The City of <br />Everett has determined the number and size of replacement trees. 1 understand that the number <br />of replacement trees is three for every one taken out and the size is three-inch diameter at 54 <br />u/ly <br />