kerrpark2024.com

Code Enforcement Letters and Adverse Possession information

Keep in mind: Everything that is happening in Mable Kerr Park is the result of the entire failure of the City of Washougal to maintain the Park in a fashion that would enable the general public to use the Park, with the exception of the trails. The rest of the Park is primarily a dump for debris and a warren of noxious weeds, mostly blackberry. Impassable to anyone. The exception is the encroachment, created by adjacent property owners who have maintained a portion of the Park for their own private use. That would not have been possible if the City had maintained the Park.

No recent changes since we were kicked out of the Park, except that the City has Cancelled the Adopt a Park program for Mable Kerr Park due to “competing interests” in the Park. And that Code violations have been sent to 8 property owners and that two of the property owners have asserted adverse possession of some portion of the Park.

So, I asked for the names of the two property owners and got the attached: all eight of the code enforcement letters. Two of the letters are addressed to the same lawyer. Do the math.

I am asking for clarification and answer to my direct question: who does this? Who wants to take part of a public park for their private use? Is it Todd Young and James and Cynthia Lightheart? Are these the “competing interests”?

Is This A Joke?

On 8-21-2024, the City gave us this map and said we’re “allowed” to work in the 6 foot strip along the trail. No Work to be done at the entrance to the Park.

On 8-30-2024 the City formally cancelled the Adopt a Park Program In Kerr Park Only.

So, the Squatters are winning. Kayla and Eric Nesta showed up to our farewell to gloat. Thanks, Kayla and Eric.

We’re still trying…. a different tack.

Our many 3 minute speeches at City Council, the many pretty pictures we presented, the letters, the 100 signatures on a petition, the fact that the Sqatters actions are illegal, none of that has moved the city.

Maybe Clark County Code enforcement can help. Check this out: Clark County Code Enforcement request

Here’s the Ban Map from the City. Note that we have been clearing the weeds from the front of the Park, and are now expressly forbidden to do so, but are “allowed” to clear debris on the east trail in a six foot wide area.

This is all against the law.

In case you missed it, here’s the set of Codes the City of Washougal and the Squatters are violating: Squatters and Codes

And here’s an example, not including 911 calls, verbal assaults, debris barriers, string fences etc. etc. etc. see picture.

911 call report

911 call report 2

One of the homeowners whose property borders the park has pitched in to help clear, and then put up a No Trespassing Sign, as well as moving logs into place to create a barrier across the park. The debris from these efforts is thrown into the park area not yet cleared. The City will need a tractor and a dump truck to move all of this. Unlike our efforts, which are done as the City requires with only hand tools, this neighbor is using chain saw and tractor.

The City Has Banned Us From Working in the Park.

Let’s get together in the Park to say Goodbye This Saturday, August 24 at 9:00AM. We’re Banned from Doing Work, so no tools required. It’s so odd and so infuriating that kerrpark2024.com, folks who tried to clean up the Park, are the ones who are being banned from the Park.

Here’s the area we most recently cleared, now barriered with a string fence, in addition to the wood debris we had piled up for removal, replaced as a barrier by the squatters.

This area was cleared by kerrpark2024.com on 4-6-2024. The City has refused to maintain this by mowing, and now it’s again overgrown with our best friend, Himalayan Blackberries. Why won’t’ the City maintain Mable Kerr Park? We still don’t have an answer. But the City’s response to the aggressive 45th Court property owners may be key: The City likes them better.

Back to Sleeping Beauty. Our Beautiful Park is Abandoned Again.

8-21-2024 kerrpark2024.com is banned from the Park!

According to Clark County, the City of Washougal owns Mable Kerr Park. According to Todd Young and Kayla Nesta, they own part of it. How much of it is an open questionKerrpark2024 volunteers have attempted to clean up the Park, but the City is now preventing this work. Several people who live near Mable Kerr Park have declined to continue the cleanup because they are afraid that someone in the Encroachment area will cause them harm if they do, which, based on the actions of Todd Young and Kayla Nesta are well-founded fears.

As of 8-21-2024, per the City of Washougal, the kerrpark2024.com group is barred from doing any cleanup in the park entrance. The City stated reason for barring the activity is the concern that participants may be in danger from angry residents of 45^th Court. There is a history of violent threats against park visitors, and City employees who entered the encroachment.

45th Court property owners adjacent to the Park have employed several methods to assert their control over 4 acres of the Park. Among the most dramatic methods are calls through the 911 system to the Washougal Police Department , and threats of physical violence. A continuous barrier of plants, debris, and wood surrounds the entire 4 acres. Inside the barrier are above ground pools, a 100 fo long vinyl fence, several sheds and other structures, as well as furniture, barbeques and a gibbet. (look it up.)

Police call records , and recordings of the 911 calls are available on request.

New Vocabulary Term for kerrpark2024.com: Adverse Possession

RCW 7.28.070 Adverse possession under claim and color of title—Payment of taxes. Every person in actual, open and notorious possession of lands or tenements under claim and color of title, made in good faith, and who shall for seven successive years continue in possession, and shall also during said time pay all taxes legally assessed on such lands or tenements, shall be held and adjudged to be the legal owner of said lands or tenements, to the extent and according to the purport of his or her paper title. All persons holding under such possession, by purchase, devise or descent, before said seven years shall have expired, and who shall continue such possession and continue to pay the taxes as aforesaid, so as to complete the possession and payment of taxes for the term aforesaid, shall be entitled to the benefit of this section

Photo taken 8-3-2024 volunteers with kerrpark2024.com cleared this area and the view is through half of the encroachment.

A person claiming adverse possession of Mable Kerr Park replaced the wood debris the kerrpark2024 volunteers removed.

This vinyl fence is in the Encroachment area, and extends approximately 100 feet across the park between the property line and the blackberry bramble.

Features of the encroachment:

1.9 acres is mowed and groomed with ride on lawn mower and other power tools.

The balance is the blackberry barrier. The Blackberry Barrier encloses numerous conifers (live) and about 20 standing hazard trees, as well as unknown quantity of dead tree trunks and wood debris.

7 foot vinyl fence between the property line and the blackberry barrier, Above ground swimming pool, Various playground equipment and other structures, Various lawn ornaments, shrubs, tents, patio furniture. sheds, etc.

Thanks to LCEP for providing a measured map that enabled us to verify the size of the Encroachment. Note contrary to some people’s belief, this is NOT private property.

The Encroachment – Did you know?

To: City of Washougal From: Brett Tarnet

Subject: Mable Kerr Park Update on the Encroachment

Saturday, 7-20-2022

Area of the Encroachment: 3.8 Acres (28% of the Park) Inclusive of the Blackberry barrier See below maps.

Barriers:

South end: 200 pound logs rolled across encroachment from property fence line to blackberry barrier. City has prohibited Works Dept from mowing the weeds between the Park entrance and the Encroachment.

East Side: Blackberry Barrier, with piled debris on west face

Gap in Blackberry Barrier: piled sticks, guarded by property owners of adjacent property, who have physically prevented people from entering the encroachment, and called the police (911 call) to support ejecting people from the encroachment. Property owner shared a concern that people in the encroachment or looking into the encroachment could see her children playing in the encroachment.

Thanks for your attention. Brett Tarnet

MAPS

Campen Creek Project is approved. Here’s a map of the area impacted. Note that other than some planting between the trails, the area does not overlap with the entrance area we have been concentrating on. That area is at the bottom edge of the map.

We did some pedometer work to come up with an indication of the area we have cleared. It is the Blue square, bottom right, about .69 acres. Wish we could get the City to mow the whole thing, huh? We also measured the big blackberry bramble next to the trail and the “encroachment” area (City term for the “private” part of the park).

June 15 and 20 Images

6-15-2024 We cleared a path through the part we already mowed, and moved a barrier in the middle of the park.

6-20-24-Barrier in the middle of the Park is back, bigger and higher.

6-1-2024 Cleanup

We freed four trees from blackberry brambles on 6-1-24. These trees are still alive, we hope we can save more.

Robert came and helped on 6-1-24 to clear brambles from trees along the trail. He loves the machete, one of the tools we have available to share.

This is the same area we worked on in April, take a look below at April 6. You can see that since the City has not supported our efforts by mowing the area, the noxious invasives are back with a vengeance.

5-19-2024 Results

We Made a Walkable Space in the Park on 5-19-2024. This is between the trails.

Here’s our May 19 Debris pile, one of four.

Cleanup Results 5-11-2024

On 5-11-2024 our small crew came to dig up blackberries by the roots. Since the City is not mowing, we’re concerned that the blackberries will be back again just as big as before we cleared the area. We encountered chest-high Reed Canary Grass in the area, as well as Blackberries we had cleared, now as tall as 5 feet. We clawed and cut our way to as many vines as we could find and dug them up. Hot and sweaty work on this beautiful day.

On 5-13-2024 Brett Asked the City Council (again) for help with mowing the area we’ve cleared so that we don’t have to clear the same area multiple times. Stay tuned for any progress.

5-11-2024 Cleanup

We had a small but mighty crew in the Park Saturday to dig up Blackberries. But the Reed Canary Grass in the area we had already cleared is chest-high! So we had to chop our way to the blackberries in the grass.

Here’s a shot of one of our regular “contributors: in the area we have already cleared once. Clearing it again, digging up Blackberries by the roots.

We think this area would be ideal for a picnic table. Hopefully when Kerr Park is officially a Park, this will be a great new amenity.

Cleanup Results 5-1-2024

5-1-2024 These dead trees are at the Park entrance, behind a tall (Ten foot) blackberry briar. The trail is right in front of the trees. Not cut down yet.

4-30-2024 Two City employees, a back hoe and a dump truck came to remove the blackberries and debris our crew removed from the Park.

4-27-2024 This is our Saturday crew. They have done miracles in the Park, with hand tools and sweat.

4-20-2024

This is a typical space in much of the park. There is a lot of wood debris which can be removed to improve accessibility in the Park.

Photo removed on request. One of the homeowners whose property borders the park has pitched in to help clear, and then put up a No Trespassing Sign, as well as moving logs into place to create a barrier across the park. The debris from these efforts is thrown into the park area not yet cleared. The City will need a tractor and a dump truck to move all of this. Unlike our efforts, which are done as the City requires with only hand tools, this neighbor is using chain saw and tractor. Photo is removed on request.

Here’s why kerrpark2024 exists: We’re the citizens of Washougal, working to rescue this beautiful park from neglect. these spaces are spectacular even with debris and blackberries.

Now we know what the habitat is for! We walked the trail that the city mowed, and found the Fauna.

Here’s where the neighbor dumped the debris from the area they cleared.

List of reasons the City is not cleaning up Kerr Park:

Kerr Park is different: not intended to be a park, but a “natural area” 2. LCEP will perhaps do some drainage changes in 2025 or later, if money is granted from unknown source for the work. Which will include some clearing (unknown scope) of dead trees in unknown area. Currently unfunded. 3. “This is all going to be bulldozed” (Works department employee at the Park) 4. Part of the area belongs to the Washougal School District 5. We’re going to do something about that. We don’t know what. 6, This takes time, we can’t do anything immediately 7. We need input from the Arborist. 8. We tried to close the park but nobody obeyed the signs. 9. We have a Park Pals ivy clearance scheduled for June. 10. We don’t know what the status of this effort is. 11. You Heard it here first: This is not a park. 12. Dead trees are Habitat. 13. This is private property. No Trespassing. 14. park closed as we assess some hazard trees to ensure the safety of those utilizing the trail 15. We don’t want people cutting the Himalayan blackberries because they’re native plants. 16. Can’t you go to a different park? 17. You’re pissing people off. (who doesn’t want Kerr Park to be rescued?)

History

Great weekend work party 4-14-2024. Lots of new faces and record attendance. It was a real family affair and we also welcomed some Washougal High School students who are volunteering as part of their mandate as members of Future Business Leaders of America. Leadership indeed.

We attacked some of the logs and limbs that we could reach and we could lift. Here’s some Trailside debris

We made a couple of piles of the logs and debris we picked up. Here’s one ready for pickup by the Washougal Works Department. They have come and picked up our piles of debris each week. Thanks, Works!

The Waiver – Would You Adopt a Park?

(Update – this waiver is no longer required.)

The new Adopt a Park form has been updated. We sent in and were approved to Adopt Kerr Park on the previous form. The City has a new requirement. See if you would sign.. We would be agreeing to take on the City’s liability for the Dead Trees. Cool, huh?

The City Council and City Manager indicated at the City Council meeting that this language was required by the City attorney.

Here’s the language:

The organization/group listed herein recognizes the possible safety risks in participating in the City of Washougal’s Adopt-a-Park program, including physical injury and death, and has informed all its participants in the Adopt-a Park program of these safety risks. Knowing the safety risks, the participating organization, group, and individuals ASSUME THOSE RISKS and hereby shall release, indemnify and hold harmless the City of Washougal, its officers, employees, agents, volunteers, and elected officials from and against any and all claims, suits, actions or liabilities of any nature, including but not limited to injury or death of any person, loss or damage to property, or any other basis whatsoever, arising out of the use of city property resulting from any act or omission, or thing done, permitted, or suffered to be done, by the organization, group, and participating individuals. It is further understood and agreed that this waiver, release, and assumption of risk is to be binding on heirs and assigns.

4-6-2024

Seven of the Sward Soldiers showed up to slay blackberries and liquidate limbs. Here are most of the crew

Happy volunteers at the end of our efforts

This diligent volunteer moved a giant pile of wood we found under the blackberries.

A Small but mighty crew showed up on Saturday 3-23-24. As you can see, the area we worked on is transformed. Who knew that under the logs and blackberry vines there was a grassy sward? Actually Grassy sward is redundant: a Sward is a grassy area. We’re in the Sward-Excavating game now.

On February 17, 2024, some Kerr Park neighbors gathered at the entrance to Kerr Park. We were surprised and gratified to be greeted by Washougal Mayor David Steube! He welcomed our interest in revitalizing Mable Kerr Park, and cited some examples of volunteers pitching in to clean up other parks. So here’s looking forward to a great partnership between the City of Washougal and our Band of Mable Kerr Park Neighors.

Mayor David Steube at Mabel Kerr Park 2-17-2024

Kickoff Success

3-18-2024

Here’s our first week debris pile: we removed blackberries, both live and sprayed, as well as lots of fallen tree branches which had been piled up under the blackberries

Here’s our Last Fruit Tree before Brenda and John got started clearing around it.

A Great Time was had by our crew. Here we were at the end of a successful day, with some of the “fruits” of our labor.

We chose to Honor Mable Kerr by cleaning around the Last Prune Tree in the Park. We’ll finish the job next Saturday.

At the end of Kickoff day, here’s our major area of work – cleared of blackberries and branches.

Here’s the same trailside shot before we started work. It doesn’t even look like the same place!

Progress!

Update March 10, 2024:

We have a go-ahead to work in the park. We have scheduled a kick-off work party for Sunday, March 17, 2024 at 9:30AM. Our scope is limited, but OK to begin. Neighbors should bring their own garden shears and clippers, shovels and we could use a couple of wheelbarrows. You will need gloves, and long pants also, long sleeves highly recommended.

Definitely bring a friend. Or two.

Also, please vote on a regular day for action: What works for you? Saturday or Sunday?

Email Brenda: brendahttn@frontier.com

Stay tuned!

Still waiting for a joint meeting date…

I found the picture online: It’s Mable Kerr Park before. That’s our goal – bring it back.

Update March 5, 2024:

No Progress. The Neighbors are awaiting a meeting with the City of Washougal to get a go-ahead. Our instructions:

“Please refrain from doing any work in the park until we have our joint meeting, which I hope will be in the next couple of weeks. At our meeting, we can discuss the questions below and develop a scope of work. This is an important step in the process so the city, consultants, and volunteers can work in a collaborative manner.”