My question involves an easement in the state of: Washington
First some background:
The water district was granted a 200'x 200' easment on our property for a water storage tank. They were also granted a roadway easement for the purpose of engree/egress to the storatge tank. This road includes the first 70' of what is now our driveway before it branches off toward their tank.
Our subdivision was created in 1999. A new easement was written to include utility easement along the 16' road easement. They also have a 20' turnaround area contiguous to Grantee's property.
We purchased the property in 2004 and were aware of these easements
The problem:
The water district has decided to erect a "utility pole" off the edge of the road just after the road branches off of our driveway. Measuring from the pole to the other side of the road is 18' which is beyond the easement width of 16'. This is also before the 20' turnaround.
I have contacte the water district and they referred me to paragraph 13 which states "The easements provided here in shall at all times be left clear and unblocked, for the use of Grantee for purposes of access to the District's reservoir and use in functioning of the reservoir site"
Can the water district construct anything along a roadway that is also a utility easement? Does a utility easement give them the freedom to do whatever they want? I also need to figure out where exactly the roadway easement is to see if they are in fact off of the 16' easement.
Is there anything I can do?
I will be going before the board of directors to state my case.
Thanks,
Larry

