by Cyndy Hardy
SEDONA, December 7 – Several residents and businesses were alerted to voluntarily evacuate this evening as Oak Creek swelled over several low-water crossings.
“Evacuation is not mandatory but some residents could get trapped in any of those low-lying areas,” said Sedona Police Cmdr. Marlayne Hatler.
The National Weather Service in Flagstaff issued a flash flood watch at 2:07 p.m. and an emergency alert at 6:52 p.m., stating that by 8 p.m. Oak Creek was expected to rise to 13 feet – one foot below flood stage. The creek normally runs about two to four feet deep.
“Between 4:30 and 5 p.m. there was a major spike at Pump House Wash,” Sedona Fire Chief Matt Shobert said. Emergency personnel knocked on doors in neighborhoods close to the creek – many of which are only accessible via low-water crossings – alerting residents to evacuate.
One house on Blackhawk Lane had flooded, Shobert said. The Red Cross was notified and an evacuation center was ready, if needed, but no one had yet requested the service, Shobert said.
Affected residential areas included Copper Cliffs Drive, Newcastle Lane, Purtyman Lane, Doodlebug Road, Lake Drive, Trails End Drive, according to Hatler. Arroyo Roble Resort and L’Auberge de Sedona were also notified.
A front desk clerk at L’Auberge de Sedona said guests and employees were “safe and secure” and that the resort was not concerned about the flood conditions. At Arroyo Roble, a front desk clerk said they had monitored the National Weather Service’s real time creek levels throughout the afternoon and also were not concerned. Both men refused to be identified, citing company policy.
Margaret Frey, a spokesperson at Rancho Sedona RV Park, said, “It’s got to get a lot worse than this before we need to worry.”
The last major flood in Sedona occurred on December 29, 2004. Oak Creek swelled to about 18 feet, according to NWS records.
© 2007 Cyndy Hardy. Reprints by permission.
Dec 7, 2007
BREAKING NEWS: Oak Creek flooding prompts evacuation alert
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Former owners of Sedona Choppers seek $1.2 million in lawsuit against Remax Sedona and related party
ReplyDeleteSedona, AZ - A recent lawsuit filed by Robert Wasserman and his partner Clarisse Heller on 12/04/2007 in the Coconino County Superior Court demonstrates how the recently completed Uptown construction project and a new competitor next door possibly had serious human and business consequences; and also the potential pitfalls of a dual broker real estate relationship.
In 2005, Robert Wasserman, a software developer for 20 years in downtown New York City, and his partner Clarisse Heller, decided to move West after the terrible events at the World Trade Center complex on 9/11. According to Mr. Wasserman, the "move was very significant for both of us leaving family and children, and what followed was nothing short of a nightmare."
In 2005, Mr. Wasserman purchased Sedona Choppers at 252 N. Hwy 89A that, according to its website, specialized in supplying Northern Arizona’s Red Rock Country with the finest in motorcycle clothing, leathers, gifts and accessories.
Said Mr. Wasserman, "On January 5, [2005], only five days after our closing, construction fences began to appear across the street on 89A. From April 1st until October 15th there were construction fences, no parking or sidewalks and the constant sound of construction equipment in front of Sedona Choppers. Needless to say this had a catastrophic affect on our business, our relationship and our mental well-being."
While the construction alone could have put them out of business (see Red Rock News article entitled: Uptown Woes by Chelsea DeWeese), Mr. Wasserman is claiming that not only did the previous owner of Sedona Choppers (not a named party in this lawsuit) and his dual broker from Remax Sedona know about the construction, but that they also knew that a Harley-Davidson competitor shop would be opening in Sedona. (The shop ended up being the Harley-Davidson MotorClothes® and Accessories Shop in Sinagua Plaza at 320 N. Highway 89A.) The prior owner is not named in the lawsuit because, according to Mr. Wasserman, the prior owner settled the matter without admitting to any wrongdoing.
As for Remax and the broker, the heart of the lawsuit focuses on the conflict of interest that can potentially arise from a dual broker relationship. A dual broker relationship occurs when one broker individually, or two salespeople within the same brokerage firm, represent both the buyer and the seller in a real estate transaction. Dual representation is lawful in Arizona with prior written consent, and so long as dual brokers exercise reasonable skill and care in the performance of their duties. However, Mr. Wasserman contends that the dual broker relationship created a conflict of interest that erred on the side of the seller since that's who paid the broker.
Mr. Wasserman says that he put his faith and trust in his dual broker and the prior owner to fully disclose their knowledge, if any, of the Uptown construction project and that Harley-Davidson might be opening a store in Sedona.
It is Mr. Wasserman's and Ms. Heller's contention that Remax Sedona and the dual broker withheld this information, and they are seeking to have their original purchase/sale contract of Sedona Chopper nullified.
Mr. Wasserman goes on to say, "We are challenging the unethical dual broker conflict of interest and how consumers like myself are at risk by trusting someone being paid by the other side."
Mr. Wasserman says he is seeking $1.2 million in damages.
It is now up to the Coconino County Superior Court to decide the case.