[WSBARP] Tree Adjacent to Utility Easement

[Catherine Clark]

Is there a tree protection ordinance/code section that applies to the tree?

Catherine “Cat” Clark
Law Office of Catherine C. Clark PLLC
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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Rick Hoss
Sent: Thursday, November 19, 2015 1:52 PM
To: 'scott scottgthomaslaw.com' <scott at scottgthomaslaw.com>; 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Tree Adjacent to Utility Easement

The machines that bore utilities under roads have become common and the cost for this has dropped. We used to plan on $10,000 for a simple under road bore and now the cost is about 10-20% of that. Good idea Scott.


From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of scott scottgthomaslaw.com
Sent: Thursday, November 19, 2015 11:52 AM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Tree Adjacent to Utility Easement


And if the tree is really important, client may wish to consider paying to have contractor bore within the drip line of the tree for the utility installation, instead of an open ditch.  A 10' trench is very costly anyway, so boring might not be very expensive.
On November 19, 2015 at 11:29 AM Rick Hoss <rhoss at hctc.com<mailto:rhoss at hctc.com>> wrote:
A certified arborist can make a specific plan based on the type of tree, existing soils and character of the area. The developer should listen.


From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Chris MacMillan
Sent: Thursday, November 19, 2015 11:12 AM
To: wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Tree Adjacent to Utility Easement

Hello Listmates,

Property owner's parcel is subject to an undeveloped access and utility easement. Developer now wants to develop the easement and plans to dig a 10 foot wide trench to lay sewer and other utilities. The easement is adjacent to an old tree and some of the tree's roots undoubtedly lie within the easement.

The property owner is concerned that digging the trench will destroy the tree's roots and eventually kill the tree. Any suggestions for how to avoid that aside from asking the developer to dig as far from the tree as possible? Maybe the right to lateral support?

Thanks,
Chris

_______________________
Chris m. Macmillan
DEMCO LAW FIRM, P.S.
(206)203-6000


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Scott G. Thomas
Law Office of Scott G. Thomas
1204 Cleveland Avenue
Mount Vernon, WA 98273
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