Jimmy,

That could be progress, but as far as I can tell, there is no easement. Attached are the relevant documents. ?

The first document is easement executed in 1996 between the school district and 3 Canyons. The school district property is described in Exhibit “A” as “the east one-half of SECTION 20, TOWNSHIP 23 South, RANGE 21 east”. There is a 50’ easement along the south side of that property, that is adjacent to 3 Canyons Rd.

On the second page, item 1. states the 40’ easement is described as Exhibit “B”.? The next to the last page is Exhibit “B”, and it describes the easement as “A forty foot easement over the West 40.00 feet of the of the South 1485.00 feet of the East one-half of SECTION 20, TOWNSHIP 23 South, RANGE 21 east.” So, this is a 40 foot wide easement along the west side of their property.

The last page is a Quit-Claim Deed from 1998 where the School District sold that 40 ft strip of land that was the easements along the west side of their property to 3 Canyons for $4,964. That is the land that the road district now owns, and the strip of land Fairfield Cir is on.

Was a new 40 ft easement established along the west side of the school district property after that sale? I don’t know. But if no new easement was established, there is no easement along the west side of their property. In that case it should be made clear that the boxes will need to be installed on their property, not on the easement of their property. That could be an important difference.

Does the attorney understand the easement situation? Does he have a document showing a new easement was established? If not, is he going to be giving the school board the wrong information on Tuesday? I think we need to be completely up-front with the attorney and school district. Perhaps you should forward this email and the attached documents to the attorney.

I think that site 1 east is a great place for the boxes so long as the school district will give us sufficient space, and we install the boxes with a clear and correct legal agreement.

Thanks,

Ken