Re: School District Update
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Ken,
The attorney told me there is an easement as well as the county.? Even if there is not an easement the zoning codes provide a 20ft setback that no structures can be built on.?
I think it would be wise to not provide any information that may complicate the matter or potentially not work in our favor.?
Jimmy
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
On 4/8/2021 11:51 AM, James Ruby wrote:
I spoke with the school district attorney?Roger
Decker.?
He has prepared the request of Fairfield District using the
40ft easement?for the school board to vote on next Tuesday.?
I will keep you posted.?
Thanks,
Jimmy
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