Sammamish Home Owners February 2020 Update
Here is an update on lake-related news in Sammamish.
East Lake Sammamish Trail
The city of Sammamish eventually approved King County’s trail plans and has issued all but one of the necessary permits to allow construction of the remaining, middle Segment 2B. The final plan set is called the “95% Plans”. This plan set is accessible on the county’s East Lake Sammamish Trail website. Construction may start in the fall of this year.
But as reflected in a front page article in the January 15th Seattle Times and a KING TV story the next night, matters concerning the ELST have recently taken an ugly turn. King County has filed a lawsuit in federal court against eight property owners in Segment 2B requiring them to remove all improvements, including docks, within the former rail corridor, which is 200 feet wide in that section. To get a feel for the heavy-handedness of this, here is an excerpt from that court filing.
“Defendants’ use of public lands without permission and without cost to enhance their homes and estates near Lake Sammamish by building and maintaining docks, boat lifts, cabanas, decks, walkways, hardscaping, fences and other structures constitutes trespass. Their encroachments and uses should be ejected and payments made for remediation and restoration of the public lands, along with the payment of back rents.”
Such a total takeover of the corridor is not what the rails-to-trails act intended, which is that the jurisdiction (the county in this case) simply acquires a surface easement for a trail. However the 2016 Judge Pechman ruling in local federal court (see the SHO May 2019 Update) said the county acquired a railroad easement, which entitles them to all uses “incidental” to a railroad. The county is interpreting this as the right to dictate use of the entire corridor, calling it “public land”.
This action poses a threat to all property owners along the corridor, not just those in Segment 2B. Our established uses of the corridor may result in King County demanding that we pay back rent and/or tear down structures like cabanas, sheds, and garages.
The county has also sent letters to around 150 property owners in Segment 2B notifying them that they must remove, at their expense, all “encroachments” within the corridor that could interfere with trail construction. This is not altogether surprising, as the trail plans (which the city has now approved) show CG (clearing and grading) limits that in many areas extend well beyond the 18 foot trail footprint.
SHO is considering how to respond to these latest developments. However in light of the US Supreme Court’s refusal to hear our federal case (ref. SHO May 2019 Update), further litigation is not necessarily an option.
However, SHO has been in contact with Pacific Legal Foundation, which describes itself as “a nonprofit legal organization that defends Americans’ liberties when threatened by government overreach and abuse.” Pacific Legal is very interested in our situation and may provide support (non-monetary).
Some of you have been contacting SHO asking what to do. SHO cannot provide legal advice, but you may email us for a list of attorneys with appropriate background and skills. SHO’s email address is sho5.org@gmail.com.
As a final trail-related note, in our last Update SHO indicated it would be refunding most of the balance in its treasury to its donors in proportion to the amounts contributed. However shortly thereafter SHO received a final bill from the law firm that left only enough in the account to support ongoing expenses (website, etc.).
Willowmoor Floodplain Restoration Project
This county project involves modifying the “transition zone” in Marymoor Park where the outflow from the lake into the Sammamish River is passively controlled. This is of interest to lakeshore property owners because of the project’s potential impact on lake level. Damage to docks, bulkheads, and other shoreline improvements can result from the combination of high water level and strong storms.
In recent years high water levels during rainy periods have increased. This is due in part to curtailed maintenance of the flow channel and backwatering from Bear Creek, which further restricts lake outflow. The creek’s contribution to Sammamish River volume is substantial and has been increasing due to development in the Bear Creek Basin.
There is a Willowmoor Stakeholder Advisory Committee (SAC) in which SHO has been participating. SHO (and some other lakeshore SAC members) have advocated redesign of the passive weir at the transition zone to be a dynamic weir. A gated structure of this kind could be opened to lower lake levels in advance of forecast major rain episodes, thus increasing the capacity of the lake to buffer inflow without the lake level becoming excessively high.
As of last summer, the Willowmoor Project had decided to hire a consultant to perform a more in-depth analysis of using a dynamic weir. Then things became very quiet. Neither SHO nor its allies on the SAC have been able to learn anything from the county as to the status of that analysis, or if it is, in fact, actually happening.
Because extreme water levels significantly impact some of us, SHO will continue to monitor this situation and will keep you informed.
To learn more about the Willowmoor project, go to the county’s website at:
SHO Board of Directors