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��� <br /> O� x <br /> C 1-i ' <br /> >�fA <br /> M <br /> K A -- . <br /> H 7tl <br /> �O H'�U <br /> �A M <br /> H <br /> '�o <br /> OMC7 CARLSON, HOPKINS & JELSING <br /> � �py ATT01iNEY5 AT LAW <br /> M L'+7 v MYRON J. COALSON �OOI WA�L STREET BUILDII�G I2O61 290-26BB <br /> G�• f] <br /> y` ^a JPMES ' MOPM1INS 29JO WETMORE nVENUE <br /> �y� LP.RRY a.JCLSING EV[RETT. WPSMINGTON O020HOM �1 � ` <br /> 1 <br /> 1 I <br /> �"� y WiLLiGM F. TR� ��. MaY 2� 1989 �/ � ' :./ • ; � '�_ <br /> � � <br /> ' J I.'r <br /> g°y n'Ay �y 'J <br /> ,�' o�� a, <br /> ��� ' i '' ��� ���9 <br /> H O fn . . A�Q�i7(�S Qj/% <br /> C� <br /> Bruce Jones, Esq. N �� <br /> Everett City Attorney V�(� <br /> City of Everett \� <br /> 3002 Wetmore /} <br /> Everett, WA 98201 u <br /> RE: Everett Industrial Supply, Inc. <br /> Smith Street Sidewalk Improvements <br /> f�' Dear Bruce: <br /> ��' As a follow up to our recent conversation regarding the discovery <br /> of an underground etorage tank on city property where my clients <br /> '�' are now attempting to install sidewalk improvements, I did review <br /> some of the authori.ties in this area and have yet to come up with <br /> ��� a satisfactory explanation for why my client, as the abutting <br /> property owner, should be responsible for the signi£icant costs of <br /> ' removal of the tank. <br /> � At this point, we believe that there was no specific municipal <br /> � grant of an easement or franchise to the installer of this tank, <br /> � but we understand that it was probably installed by a prior <br /> �� occupant of my client's parcel, presumably as some type of <br /> �' permissive use that may have been orally authorized by the City at <br /> � the time. My client does not know when the tank was installed, but <br /> � ;c.^.cros thut it nu�t have occurred prior to his purchase of the site <br /> '; by Bill Phillips in 1933. My client purchased the property without <br /> � knowledge of the location of this tank upon City property. My <br /> �1 client has never utilized the tank in any manner, nor has he <br /> � otherwise received any benefit from the existence of this tank. <br /> � We are, at present, not aware of any public recording that would <br /> � put my client on notice as to the existence of this tank. <br /> At present, it would appear that the cost of removal of the tank <br /> and dealing with the environmental asoects of this problem will be <br /> significant. A preliminary estimate pegs the costs of removal and <br /> disposition of the tank and contents at somewhere near $6500, and <br /> we do not know whether there will be additional expense for removal <br /> and disposition of contaminated soil. <br />