Ann Morse

The easement between our farm located at 10175 Torvanger Road and the Lavigne Court Development (formerly the Wilkerson farm) has been in place for over one hundred years. Originally three households shared the easement until the Wilkerson farm was sold to developers. Two households including ours share and use the easement. The split rail fence in the photo was installed on the 2nd of December this year. The white circle visible in the photo indicates the last post to be installed.This will bring the fence out an additional 8 or 10 feet. The fence is on the property line which runsthrough the middle of our easement and as it gets closer to Torvanger Road it substantially narrows the path of travel.

Last October we observed a fencing company along with the owner of the closest house to us in the development, Neva Donald, laying out markers for a fence to be installed along the OPEN SPACE BOUNDARY on the north side of the development, these marks passed through the established easement. We submitted a request to the HOA Blue Mountain Community (Jessica Wood) on October 11th 2018 requesting this fencing not be allowed since it would hamper the access to service vehicles, including fire trucks , utility vehicles servicing the PSE easement and deliveries including large hay trucks since we are still a working farm. I stated in that request that the roadway qualifies for being a Presciptive Easement because it has been in place and utilized by the two properties for over 100 years. We have been a part of that for nearly 32 years. The fence did not materailize and we believed our request had been taken under advisement .

We received a letter of intent on Saturday (11/29/19) from our neighbor, Neva Donald, informing us of the installation of a split rail fence along the open space boundary of the Lavigne Court developement, apparantly the same one under consideration last year. I contacted, George Jage, the only person I have met living on Lavigne Court and subsequently learned he is on the board of the HOA . I informed him of this proposed fence expressing my concerns and opposition to it being installed. The fence was installed the next Monday (12/2/19) .

Yesterday (12/3/19) my husband and I went to City Hall and spoke to Lara Lant. We left copies of my communications with both George Jage and Jessica Wood, with Lara Lant. The letter we received from Neva Donald stated the fence had been approved by the planning commission and therefore was approved by the HOA. We were never consulted on this by either the City Planning Commission nor the HOA. We later learned from George Jage our letter of concern over the construction of a fence dividing the easement coming off Torvanger Road was never seen by the home owner, Neva Donald, or any of the members of the board of the HOA. Apparently only Jessica Wood of Blue Mountain Community had access to our original letter. I ask that the fence be removed or at the very least moved back off the gravel portion of what we consider a Presciptive Easement allowing the original path of travel. As property owners for over 31 years on Bainbridge Island I feel our rights were not observed or considered and hope for a just resolution.

My husband and I would like a review of this since it is having a major impact on our life here.

Thank your for your time,

Ann Morse