There is no "comp", any past comparison with what the property owners of Zone 1 east of 39th Avenue S.E. have had to endure for the past 19 years. And now, given facts and the evidence regarding those Zone 1 properties, one has to assume this a taking without compensation for any of the possible variety of reasons that result. Without any compensation for enormous loss of value, a lifetime investment, the property owners are expected to shoulder that which the high court in King County ruled illegal taxation. But to be perfectly clear, the property owners in no way wish to affect the three creek fishery that adjoins North Creek to form the Critical Species Habitat. The property owners have established the fact that Zone 1 east of 39th S.E. is set apart from the fishery and does not influence it. Note Shallow Aquifer Focus In 2007 the city sent a consulting planner to the properties, the first official physical presence to date other than Bothell Connector arterial project tests. During a walk through the zone we were told by him that we would have to assume ground water presence and flow. As of Spring 2015 privately funded pit tests have shown the absence of assumed ground water. Surface and storm water flow evidence is simply a matter of observation. Note Shallow Aquifer Focus That has been indicated with the maps shown on this web site. To date there is almost no man made control of this water, ditches along the 39th Ave right-of- way are filled with dirt, overgrown, and the water flow is left wild to gravity and slope. It must be noted that development allowed reasonably on Zone 1 properties will create sophisticated flow control, infiltration. The dedicated wetland west of 39th S.E. will continue to filter through natural processes and resources, the best combination of all worlds continuing to flow south and away from the fishery. Some Wetland History The BAS, best available science studies of pre 2007 did not finish the work because Zone 1 was "assumed" as noted above. The city was forced to comply with council decisions and the non profit organization supporting the effort to create the Critical Species Habitat acted as obstructionists in not allowing the realities regarding Zone 1 properties to come to light. That was a very unfortunate act disregarding the lives of others, forfeiting the rights of Zone 1 property owners by ignoring the facts. As noted above no authorized persons doing BAS, best available science studies requested permission to enter the properties nor did they do any actual tests, including pit tests, concerning BAS. It was the continuing actions of a non profit that disregarded Zone 1 realities and lobbied for Zone 1 inclusion in their LID experiment. Again, the property owners of Zone 1 wish not to change the LID restrictions for the three creek fishery but rather cause decision makers to realize and act on reality regarding Zone 1 east of 39th Ave S.E., supported by facts. Read Some Facts Tom Berry
Canyon Park Orchard