Wednesday, October 26, 2011

curiouser and curiouser

Today we have another presentation of some target-rich text in the Port's lawsuit.

"4.4 Plaintiff Port first learned of the existence of the claim of interest in the United States in the Subject Property on or after 2008, when the defendants state Recreation and Conservation Office and defendant the US National Park Service and others communicated the United State's intent to encumber the Subject Property via recordation of a re-created Map purporting to depict a US Land and Water Conservation Fund Act (16 USC section 4601-4 - 4601-11) section 6(f) grant-based use restrictions would encumber the Port's property and restrict it to "park" purposes."

[4.5 and 4.6 address RCO recommendation and NPS ruling in September 2011]

"4.7 Prior to such time, and no sooner than 2008, Plaintiff Port had no reason to know of the claim of interest of the United States or its agencies in the Subject Property, and in fact the City and state agency RCO had disavowed in writing any continuing encumbrance on the Port's Subject Property beyond the Port-City lease term which terminates in July 12, 2012.

4.8 Plaintiff Port is informed and believes, and thereon alleges, that none of the plaintiff's predecessors in title knew or had reason to know of the existence of the claim of interest of the United States or its agencies in the Subject Property at any time prior to 2008
" (emphasis added).

As an LWCF park, Kah Tai was inspected every five years. Among the documents found in public records requests are the ones shown here (click on images to enlarge). The upper image is the cover letter for the 2005 inspection. Note it is from IAC, which is responsible for compliance inspections in LWCF parks. Note also that it is addressed to the current port manager and that it lists both state grant number 81-043A and the FEDERAL LWCF grant number 53-00486.

The lower image is the actual inspection report. Note that it says LWCF in the upper right, and that it lists the Port as 'project sponsor'. The inspection comments are 'Very attractive facility with trails around lagoon, restroom and picnic shelter being the prominent site improvements. Trail access is possible from several locations around the lagoon, with primary parking provided at the trailhead at 12th Street.'

Note the inspection included evaluation of use for intended purpose, compliance or evidence of conversion. Note that signage to acknowledge funding program and partners is checked.

This inspection was in 2005. The port manager received the report. How can the Port claim not to know about Kah Tai's LWCF status before 2008?

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