820 CADY RD BLDG F 2018-01-01 MF Import

=�. Puetic wozrs C�,i�jf��l�� July 3, 1997 Celia Strong . Village by the Lake Condominium Associntion 820 E.Cady Rd. Unit HFI 10 Everett, Wash. 98203 Subj:Order to Repair Lake Outlet Weir Dear Ms. Strong Thank you for your letter dated June 27, 1997 regarding the Beverly Lake outfall which wns in response to my letter also dated June 27, 1997. This follow-up letter is to rcspond to some of the questions and smtements in your June 27, 1997 lettcr. Your June 27, 1997, letter asks what the established elevation of Beverly Lake is, if there is n procedurc for establishing lake levels and whut the City or other lakefront property owners might want the elevation to be. We do not know the established elevation of Beverly Lake. Establishment of a lake level by the Beverly Lake property owners is addrcssed by RCW 90.24.010. 1 have enclosed a copy of this for your infortnation. You will note thnt RCW 90.24.010 reouires ten or more abutting property owners to present a petition to the counry superior court for its consideration. As I am sure you cun appreciate, it seems unlikely that the process d!scribcd in RCW 90.24.010 can be completed in time to prevent flooding of lakefront property during the winter of 1997/1998. Therefore, I reiterate my order in my June 27, 1997: the lake outlet weir is to be restored by the Village by the Lake Condominium Association to iu condition prior to the grouting that occurred in the summer of 1996. This means that the weir must have the same dimensions and elevations that it had prior to the grouting in the summer 1996. After the lake outlet has been restored to its pre-grouting dimensions and elevations, you can work with other lakefront property owners to petition the superior court if you'd like to establish a lake elevation that differs from the historical condition. Your June 27. 1997 letter also states that the grouting by the Village by the Lake Condominium Association was to repair damage caused by vandalism and that 1 was awnre of the dumnge to the lake outlet caused by vandals. For the record, the first time I saw, heard, or read anything about vandalism to the lake outlet was when I read your June 27, 1997, letter. If the lake outlet were indeed destroyed by vandals prior to the grouting, this could complicate the determination of the dimensions and elevation of the outlet weir prior to the summer of 1996. T'herefore, f re�ommend that the Village b}• the Lake Condominium Association physically isolute the lake outlet weir from the lake to allow inspection of the weir below the lake surface. A simultaneous inspection of the outlet weir should be made by the Village by the Lake Condominium Association, the City and allected property owners. However, you will need to first obtain the requisite pertnits to accomplish this. CITY��'�ERETT•3200 Cedar Street •Everett, WA 98201 •(206) 259-8800• Fax (206)259-8882