IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF KING

Transcription

1 FILED 15 FEB 26 AM 9: KING COUNTY SUPERIOR COURT CLERK Judge Monica Benton Hearing Date: March 6, 2015 E-FILED (w/o oral argument) CASE NUMBER: SEA IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF KING KEITH L. HOLMQUIST and KAY ) BURDINE HOLMQUIST, f/k/a KAY ) NO SEA BURDINE, husband and wife; ) and FREDERICK A. KASEBURG, a ) DECLARATION OF single man, ) FREDERICK A. KASEBURG ) IN SUPPORT OF DAMAGES Plaintiffs,) ) v. ) ) KING COUNTY, a political ) Subdivision of the State of ) Washington, ) ) Defendant.) ) I certify and declare under penalty of perjury under the laws of the State of Washington that the following is true and correct: 1. I am over the age of majority and competent to be a witness herein. I am one of the plaintiffs in this action, am over the age of majority, and have personal DECLARATION OF FREDERICK A. KASEBURG IN SUPPORT OF DAMAGES Kaseburg ROBERT E. ORDAL, PLLC 1000 SECOND AVENUE, SUITE 1750 SEATTLE, WASHINGTON (206) FAX (206)

2 knowledge as to the matters set forth herein. 2. Exhibit 1 includes pictures taken by me during supersession showing examples of the public use of the vacated NE 130th street right of way and its beach. While I personally viewed the subject matter of photos 16, 18, and 19, the photos were taken by Mr. Holmquist. 3. Exhibit 1, Photos 4 and 5 show water craft, a motor boat, and windsurfer stored by the public. The motor boat was there for several days, the watercraft for several months, and the windsurfer for about five months. Not shown in the pictures is a row boat that has been there during the entire supersession. 4. Exhibit 1, Photo 6 is a kayaker getting ready to launch and a swimmer. Photo 7 is a boat dropping off a person who then swam ashore. The swimmer is just barely visible in the center of the photo. Photos 8-11 are of kayakers and paddle boarders using the beach. Photo 12 shows the heads of two swimmers. 5. Exhibit 1, Photos 13 and 17 show parking on the vacated NE 130th street right of way by public users and by other people in the neighborhood. The vacated NE 130th street right of way almost always had at least one car parked on it. Photo 14 shows four people headed for the beach on the 4 th of July 2014 with their inflatables. Photo 15 shows four different people using the beach, including one kayaker. Photo 16 shows a boat moored overnight. 6. Exhibit 1, Photos 18 and 19 show a loud party of about seven people in the evening of August 11, The vacated NE 130th street right of way is in a waterfront residential area that to the best of my knowledge is not zoned or permitted for a public park or public beach use. This waterfront residential area is relatively quiet. Most owners are middle age and older, and do not intensely use their yards, docks, or waterfront. In contrast with the existing residential use, the public use of the vacated NE 130th street right of way and beach greatly exceeded normal DECLARATION OF FREDERICK A. KASEBURG IN SUPPORT OF DAMAGES Kaseburg ROBERT E. ORDAL, PLLC 1000 SECOND AVENUE, SUITE 1750 SEATTLE, WASHINGTON (206) FAX (206)

3 use of residential waterfront properties during supersession. 8. I frequently saw people walking or biking on the Burke- Gilman Trail during supersession. They would notice Seattle s 4-foot by 4-foot sign on the vacated NE 130th street right of way, and stop and look at the sign from the trail, walk down a path to the vacated NE 130th street right of way, read the sign up close, and then spend time there using the beach. Photos 1 and 3 are of Seattle s sign. 9. The vacated NE 130th street right of way had a level of use by the public during supersession that greatly exceeded normal use of residential waterfront properties by many orders of magnitude. I can generally see from my dock the yards and houses of about 10 houses to the north and about 10 houses to the south. On a nice summer weekend day, I estimate that one in about eight houses will have someone in the yard or in the water at some time of the day, for approximately an hour on average. I estimate that during supersession, on the same nice summer weekend day, the vacated NE 130th street right of way would have an average of about four to seven groups of people per hour over the course of the day, with more at the peak of the day and less at morning and evening. As the weather deteriorates towards winter, both usages drop. On a winter weekend day, I estimate that one in about 20 houses will have someone in the yard or on their dock at some time during the day. I estimates that during supersession, on the same winter weekend day, the vacated NE 130th street right of way would have about two to four groups of people per hour over the course of the day. For example, on Sunday, December 21, 2014, I was working in my yard for about an hour in midafternoon and saw three groups of two people use the beach of the vacated NE 130th street right of way during that hour. I did not notice any of my waterfront neighbors using their yards during this time. For example, during the early afternoon of Friday, December 26, 2014, I spent about 50 minutes rowing about a 2.8 mile round trip DECLARATION OF FREDERICK A. KASEBURG IN SUPPORT OF DAMAGES Kaseburg ROBERT E. ORDAL, PLLC 1000 SECOND AVENUE, SUITE 1750 SEATTLE, WASHINGTON (206) FAX (206)

4 DECLARATION OF FREDERICK A. KASEBURG IN SUPPORT OF DAMAGES Kaseburg ROBERT E. ORDAL, PLLC 1000 SECOND AVENUE, SUITE 1750 SEATTLE, WASHINGTON (206) FAX (206)

5 Index of Exhibits To Declaration of Frederick A. Kaseburg Exhibit 1: Pictures 1-19 of vacated NE 130 th street right of way and pictures of the existing NE 135 th street right of way. Exhibit 2: Internet posting of letter from Seattle Attorney Kelly Stone to John Armstrong, approximately August Exhibit 3: Seattle.gov website showing NE 130 th street end as a Seattle shoreline street end. Exhibit 4: Seattle.gov website posting of Ordinance No with legislative markup. Handwritten page numbers added. Exhibit 5: 2012 Street End Use Permit to Hartman for south one-half of NE 135 shoreline street end. Exhibit 6: 2013 Street End Use Permit to Gustav for north one-half of NE 135 shoreline street end. Exhibit 7: Seattle Legislative Department file for Ordinance No Exhibit 8: King County Department of Assessments 2015 assessment and lot data for Holmquist. Handwritten calculations of square footage and 2015 assessed per square foot value by Kaseburg. Exhibit 9: King County Department of Assessments 2015 assessment and lot data for Kaseburg. Handwritten calculations of square footage and 2015 assessed per square foot value by Kaseburg. Exhibit 10: Hand drawn diagram by Kaseburg illustrating dimensions and square footage of the vacated NE 130 th street. Exhibit 11: Seattle DOT statement that annualized rate and annualized rate of return as used in ordinance have remained constant at 8% DECLARATION OF FREDERICK A. KASEBURG IN SUPPORT OF DAMAGES Kaseburg ROBERT E. ORDAL, PLLC 1000 SECOND AVENUE, SUITE 1750 SEATTLE, WASHINGTON (206) FAX (206)

6 Exhibit 1: Pictures 1-19 of vacated NE 130 th street right of way and pictures of the existing NE 135 th street right of way DECLARATION OF FREDERICK A. KASEBURG IN SUPPORT OF DAMAGES Kaseburg ROBERT E. ORDAL, PLLC 1000 SECOND AVENUE, SUITE 1750 SEATTLE, WASHINGTON (206) FAX (206)

7 Photo 1: Seattle s sign on vacated NE 130 th Photo 2: Vacated NE 130 th as seen from street (Seattle s sign is to the left of the field of view) 21 DECLARATION OF FREDERICK A. KASEBURG IN SUPPORT OF DAMAGES Kaseburg ROBERT E. ORDAL, PLLC 1000 SECOND AVENUE, SUITE 1750 SEATTLE, WASHINGTON (206) FAX (206)

8 Photo 3: Seattle s sign on vacated NE 130th as seen from Burke-Gilman Trail 21 DECLARATION OF FREDERICK A. KASEBURG IN SUPPORT OF DAMAGES Kaseburg ROBERT E. ORDAL, PLLC 1000 SECOND AVENUE, SUITE 1750 SEATTLE, WASHINGTON (206) FAX (206)

9 Photo 4: Water craft stored on vacated NE 130 th street end Photo 5: Motor boat and windsurfer stored on vacated NE 130th street end DECLARATION OF FREDERICK A. KASEBURG IN SUPPORT OF DAMAGES Kaseburg ROBERT E. ORDAL, PLLC 1000 SECOND AVENUE, SUITE 1750 SEATTLE, WASHINGTON (206) FAX (206)

10 Photo 6: Kayaker and swimmer Photo 7: Boat dropping off swimmer on vacated NE 130th street end 6/30/2013 DECLARATION OF FREDERICK A. KASEBURG IN SUPPORT OF DAMAGES Kaseburg ROBERT E. ORDAL, PLLC 1000 SECOND AVENUE, SUITE 1750 SEATTLE, WASHINGTON (206) FAX (206)

11 Photo 8: Three or four kayakers launching from beach Photo 9: Four paddle boarders who launched from beach DECLARATION OF FREDERICK A. KASEBURG IN SUPPORT OF DAMAGES Kaseburg ROBERT E. ORDAL, PLLC 1000 SECOND AVENUE, SUITE 1750 SEATTLE, WASHINGTON (206) FAX (206)

12 Photo 10: Paddle boarders returning Photo 11: Paddle boarders returning DECLARATION OF FREDERICK A. KASEBURG IN SUPPORT OF DAMAGES Kaseburg ROBERT E. ORDAL, PLLC 1000 SECOND AVENUE, SUITE 1750 SEATTLE, WASHINGTON (206) FAX (206)

13 Photo 12: Two swimmers who entered Lake from beach Photo 13: Parking 2/2014 DECLARATION OF FREDERICK A. KASEBURG IN SUPPORT OF DAMAGES Kaseburg ROBERT E. ORDAL, PLLC 1000 SECOND AVENUE, SUITE 1750 SEATTLE, WASHINGTON (206) FAX (206)

14 Photo 14: People with inflatables headed for beach 7/ Photo 15: Beach users 4/2014 DECLARATION OF FREDERICK A. KASEBURG IN SUPPORT OF DAMAGES Kaseburg ROBERT E. ORDAL, PLLC 1000 SECOND AVENUE, SUITE 1750 SEATTLE, WASHINGTON (206) FAX (206)

15 Photo 16: Boat moored overnight and dog playing in water 8/2014-Holmquist photo DECLARATION OF FREDERICK A. KASEBURG IN SUPPORT OF DAMAGES Kaseburg ROBERT E. ORDAL, PLLC 1000 SECOND AVENUE, SUITE 1750 SEATTLE, WASHINGTON (206) FAX (206)

16 Photo 17: General parking by users and others 7/ DECLARATION OF FREDERICK A. KASEBURG IN SUPPORT OF DAMAGES Kaseburg ROBERT E. ORDAL, PLLC 1000 SECOND AVENUE, SUITE 1750 SEATTLE, WASHINGTON (206) FAX (206)

17 Photo 18: Loud evening party 8/2014-Holmquist photo DECLARATION OF FREDERICK A. KASEBURG IN SUPPORT OF DAMAGES Kaseburg ROBERT E. ORDAL, PLLC 1000 SECOND AVENUE, SUITE 1750 SEATTLE, WASHINGTON (206) FAX (206)

18 Photo 19: photo Another picture of loud party 8/2014-Holmquist DECLARATION OF FREDERICK A. KASEBURG IN SUPPORT OF DAMAGES Kaseburg ROBERT E. ORDAL, PLLC 1000 SECOND AVENUE, SUITE 1750 SEATTLE, WASHINGTON (206) FAX (206)

19 Photo 20: NE 135 th Photo 21: NE 135 th street end street end DECLARATION OF FREDERICK A. KASEBURG IN SUPPORT OF DAMAGES Kaseburg ROBERT E. ORDAL, PLLC 1000 SECOND AVENUE, SUITE 1750 SEATTLE, WASHINGTON (206) FAX (206)

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