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[Towertalk] deed restrictions

To: <towertalk@contesting.com>
Subject: [Towertalk] deed restrictions
From: gclute@attbi.com (Geo Clute W7LFD)
Date: Sun, 17 Mar 2002 10:12:59 -0800
Here on Mercer Island, WA the city prohibits antenna's 10 foot over the roof 
line.  Back in the 1980's the city engineer visited my house while I was at 
work and informed my daughter that I must take down the antenna.  He 
subsequently wrote a letter advising me to take down the 65 foot crankup tower. 
 I ignored him and wrote him back and informed him of PRB-1 which specifically 
prohibits his action, and that he should not intimidate minors in my house.  He 
turned it over to the director of community development.  (Law Dog).  We have a 
conversation and I found out there was a neighbor nearly two blocks away, 
retired and trying to establish authority for the CC&R's.  The neighbor on the 
other street also approached my next door neighbor (My corporate attorney.) and 
asked him to take up the CC&R problems in the neighborhood.  He responded with 
"I don't get evolved in neighborhood squabbles."

The City backed off when we had a meeting in front of the council with about 40 
hams showing up to demonstrate how a new law would prohibit cellular phone 
antennas on vehicles parked in a driveway, as well as hand held radios, and the 
City's own vehicles would be in violation of the law.  

The city attorney called me to let me know that the present law was being 
violated, and that I should remove the tower because it was an eyesore and the 
area was void of large trees.  He said that he had successfully won a case 
against PRB-1 with a satellite dish owner.  I asked him to read PRB-1 again as 
it relates to Amateur Radio Antennas, and that it was the City that has issued 
permit to scrape the land in my neighborhood so that it was devoid of trees.

The CC&R's state that after the last lot was built and sold that the CC&R 
committee would transfer from the developer to the neighborhood committee voted 
by the majority of the owners therein.  The problem arose when the last lot was 
designated not permitted by the City due to the underground springs flowing 
through it.  The foundation still sits there today overgrown with weeds.  The 
lot has remained untouched for 25 years and none of the attorney's in the 
neighborhood have stepped up to meet the CC&R challenges.   No cars parked on 
the street.  No front yard fences.  No TV antennas.  Cars are to be garaged at 
night. Super restrictive elements that I signed with my left hand in 1976 and 
wrote an addendum with challenges to the CC&R elements that seemed wrong.   
That was never addressed by escrow, and I suspect nobody read it.  

CC&R jokes go on.

Geo W7LFD 



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