Jimmy,
I hate to sound like a broken record, but I¡¯ll very briefly review the history of the 40¡¯ easement along the west side of the school district property. The attached photo of the Assessor Map Book shows a 40¡¯ wide easement that is 1485¡¯ long. Notice on the map that the easement was described by document 960511148.? I sent a pdf of that document on April 8 under the email topic ¡°School District Update¡±, and I have also attached it to this email. Two years later the strip of land that was the easement was sold to 3 Canyons (document 981237679, attached), and then 3 Canyons ¡°conveyed¡± the land to the Road District in 2011. This morning I went to both the county Assessor and Recorder offices. I asked them to search all their records to see if a new 40¡¯ easement was created along the west side of the School District property adjacent to Fairfield Cir after the former easement was sold to 3 Canyons in 1996. They found nothing.
Last Thursday you emailed that the school district attorney has prepared a request, that will be considered by the school board tomorrow, for the Fairfield District to use the 40ft easement. I suggested that we be upfront with the school board and tell them what we know. You replied, ¡°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.¡±
Please explain your strategy and intent to the Fairfield Estates community. The strategy appears to be to have the school board approve a request that the Road District knows is unfulfillable. That is, the Road District can¡¯t use the easement as requested because the Road District knows that there is no easement.
If the school board approves the unfulfillable request, then what does the Road District intend to do? Does it intend to go back to the school board and asked them to approve the Road District using their land rather than the easement? Or does Road District intend to install mailboxes on the school district land without further request or permission? If so, does the Road District have reason to believe that is legal?
Finally, what does ¡°Even if there is not an easement the zoning codes provide a 20ft setback that no structures can be built on.¡± have to do with mailboxes? Does that give the Road District the right to install mailboxes in that 20ft?
Thanks for explaining your strategy and intent.
Ken
