Re: No Easement. What is the strategy and intent?
Hal, Have you read these? Let¡¯s chat about it when you do. Maybe tomorrow night? ???
On Mon, Apr 12, 2021 at 7:27 PM James Ruby < jpruby@...> wrote: I don't have much of a strategy beyond placing the request and trusting the fact that their attorney will do the proper research for the board to approve.?
I understand your fear that the attorney would be granting us use of an easement that does not exist.?
I can only hope the attorney will use legal land descriptions when / if the request is granted.?
If not, we will request the proper documentation before proceeding.?
?
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
|
Re: No Easement. What is the strategy and intent?
I don't have much of a strategy beyond placing the request and trusting the fact that their attorney will do the proper research for the board to approve.?
I understand your fear that the attorney would be granting us use of an easement that does not exist.?
I can only hope the attorney will use legal land descriptions when / if the request is granted.?
If not, we will request the proper documentation before proceeding.?
?
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
|
No Easement. What is the strategy and intent?
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
|
Re: School District Update
Karen, Of course you can vote, if there
is a vote.
On 4/8/2021 10:05 PM, Karen McKnight
wrote:
toggle quoted message
Show quoted text
Can I vote by proxy or absentee vote?
On Thu, Apr 8, 2021 at 5:58
PM Philip Apodaca < PSAAPO@...> wrote:
Ken,?
?I am no expert but if FERMID owns that 40' strip of land
why would the easment matter? See attached picture listing
FERMID as the owner of that piece.
Also because it is the school boards job to perform their
own due diligence on a proposal before a vote,? i think if
the school board decides to vote on our mail box proposal
and votes yes that becomes a legal decision and absolves us
of any ethical questions.?
Either way by next tuesday we will know if we are going with
site 1 or 3 right??
|
Re: School District Update
Can I vote by proxy or absentee vote?
On Thu, Apr 8, 2021 at 5:58 PM Philip Apodaca < PSAAPO@...> wrote: Ken,?
?I am no expert but if FERMID owns that 40' strip of land why would the easment matter? See attached picture listing FERMID as the owner of that piece.
Also because it is the school boards job to perform their own due diligence on a proposal before a vote,? i think if the school board decides to vote on our mail box proposal and votes yes that becomes a legal decision and absolves us of any ethical questions.?
Either way by next tuesday we will know if we are going with site 1 or 3 right??
|
Re: School District Update
Philip,
The district does own a 40ft strip of
land, but the road runs along the east side of the strip, thus the
district only owns a few few east of the road. So the mailboxes
must go on the school district land. What I'm concerned about is
if the school district give us written permission to install the
mailboxes on their easement, but if there is no easement, what
do we have permission to do?? A statement that specifically
mentions easement will be problematic in my view. I don't see that
a statement specifically mentioning easement would legally give us
permission to install the boxes on their land beyond any easement.
When I first starting looking into this, the county told me there
was a 40 ft easement along the west side of the school district
property. But that was based on the Assessor's cut-and-paste map
book that is decades out of date. I'm curious what the attorney's
belief that there is a 40' easement is based on.
Don't get me wrong, I want the
mailboxes as much as anyone, and I don't care where they go. I
think site 1 east would be fine. But I also like to be totally up
front, and sometimes that can avoid problems down the road. But
maybe the school district really doesn't care what happens along
the margins of their land, and once the boxes are in place, no one
is going to take them out.
We've done nothing about contacting the
landowner of site #3.
Ken
On 4/8/2021 3:58 PM, Philip Apodaca
wrote:
toggle quoted message
Show quoted text
Ken,?
?I am no expert but if FERMID owns that 40' strip of land why
would the easment matter? See attached picture listing FERMID as
the owner of that piece.
Also because it is the school boards job to perform their own due
diligence on a proposal before a vote,? i think if the school
board decides to vote on our mail box proposal and votes yes that
becomes a legal decision and absolves us of any ethical
questions.?
Either way by next tuesday we will know if we are going with site
1 or 3 right??
|
Re: School District Update
Ken,?
?I am no expert but if FERMID owns that 40' strip of land why would the easment matter? See attached picture listing FERMID as the owner of that piece.
Also because it is the school boards job to perform their own due diligence on a proposal before a vote,? i think if the school board decides to vote on our mail box proposal and votes yes that becomes a legal decision and absolves us of any ethical questions.?
Either way by next tuesday we will know if we are going with site 1 or 3 right??
|
Re: School District Update
Jimmy,
I¡¯m
not sure I agree with the ethics of that, and it could
potentially come back a
bite us. But I will stay out of the way.
Ken
On 4/8/2021 3:11 PM, James Ruby wrote:
toggle quoted message
Show quoted text
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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intended solely for the addressee(s) and may
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information and may be legally protected from
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recipient of this message or their agent, or
if this message has been addressed to you in
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reply email and then delete this message and
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recipient, you are hereby notified that any
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Re: School District Update
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
--
CONFIDENTIALITY NOTICE:
The contents of this email message and any attachments
are intended solely for the addressee(s)
and may contain confidential and/or privileged
information and may be legally protected from
disclosure. If you are not the intended recipient of
this message or their agent, or if this message
has been addressed to you in error, please immediately
alert the sender by reply email and then
delete this message and any attachments. If you are
not the intended recipient, you are hereby
notified that any use, dissemination, copying, or
storage of this message or its attachments is
strictly prohibited.?
|
Re: School District Update
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:
toggle quoted message
Show quoted text
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
--
CONFIDENTIALITY NOTICE:
The contents of this email message and any attachments
are intended solely for the addressee(s)
and may contain confidential and/or privileged
information and may be legally protected from
disclosure. If you are not the intended recipient of
this message or their agent, or if this message
has been addressed to you in error, please immediately
alert the sender by reply email and then
delete this message and any attachments. If you are
not the intended recipient, you are hereby
notified that any use, dissemination, copying, or
storage of this message or its attachments is
strictly prohibited.?
|
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
--
CONFIDENTIALITY NOTICE:
The contents of this email message and any attachments are intended solely for the addressee(s)
and may contain confidential and/or privileged information and may be legally protected from
disclosure. If you are not the intended recipient of this message or their agent, or if this message
has been addressed to you in error, please immediately alert the sender by reply email and then
delete this message and any attachments. If you are not the intended recipient, you are hereby
notified that any use, dissemination, copying, or storage of this message or its attachments is
strictly prohibited.?
|
Re: Open Board Meeting this Thursday
Hello Fairfield Estates,
I have been on the edge of my seat waiting to hear on the decision for our long awaited mailboxes.
After some analyzing and thinking, my opinion is that we are making this entirely too complicated. As I drive through different neighborhoods, what I am observing is that many mailboxes actually sit very near the edge of the road and many do not have a dedicated area to allow for a u-turn. Fairfield Circle is not a major highway and at most, I ever pass one other vehicle when coming or going. There is most definitely enough room to allow for a parked car and space to get around this vehicle. Site 3, except for Mr. Ruby, would be an ideal location and would allow for a natural turn around point, if that is truly needed.
I say we ensure we have the minimum space needed per the USPS and dedicate any additional available space as a bonus.
Amanda Paddock
toggle quoted message
Show quoted text
On Mar 16, 2021, at 11:41, Ken Cameron via groups.io <rocks@...> wrote:
?In case you missed the sign, Jim has called an open Board meeting for Thursday March 18 at 6:00pm at the Meeting Room of Ricardo's Restaurant to discuss and vote on rural mailboxes and review the budget.
Hope to see you there.
Ken
|
Re: Present status and instructions how to go to the website
Hello?
This is Lorena I been receiving your emails?
My address is 5891 East Paseo Venado, Hereford AZ 85615?
Thank you?
toggle quoted message
Show quoted text
On Apr 2, 2021, at 9:08 AM, Hal Nyander <hnyander@...> wrote:
?
Thanks Ken for getting everyone on this media to make sure everyone gets the word and for your instructions on how to access past conversations.? I will see if I can get that last email for you this afternoon on my way home from work.
Hi All,
Seventeen of the 18 households in Fairfield Estates have now joined our
. 5689 E Paseo Venado is the only one not on the list because they never sent me their email address.
I assume that we are waiting to hear from the School District¡¯s attorney about permission to install the boxes on site #1 east, on Fairfield Cir near the intersection with 3 Canyons. I have heard nothing.
On March 25 Jimmy said, ¡°I have contacted Palominas Board and have requested permission to use the easement.¡± I am concerned about that as I don¡¯t believe that there is an easement. As I had reported earlier, I have a copy of a Quit-Claim
Deed dated 14 December 1998 where Palominas Elementary School District sold a 40¡¯ wide strip of land along the west side of their property to 3 Canyons for $4,964. I believe that strip of land is now owned by the Road District and that is the land that the
road is on. But perhaps I'm wrong and there is an easement, but that's obviously a very important issue.
I want to remind everyone that all the emails are kept on the website, and you can access them anytime.?
Below are instructions that I sent previously.
Ken
Basic instructions for .
(1) How to send a message to the group?? Send the email to
[email protected] and the message will go to everyone in the group.
(2) How to read past messages?? All email messages are stored as ¡°Topics¡± on our
website, and the Topics are label with the subject line of the email. To read past email messages you must go to the website. There are at least two ways to do that, and I¡¯ll refer to them as (2a) and (2b).
(2a) The simplest way to read past messages is to go directly to the website. Its URL (web address) is
I have that bookmarked on my browser.
(2b) Alternatively, you can go to the website from any email that you receive from the group.
At the bottom of any email from the group you will see a list of options that include: View/Reply Online | Reply To Group | Reply To Sender | Mute This Topic | New Topic.
To go to the website, click on ¡°View/Reply Online¡± and that will take you that message on the website. Now you must navigate from that message to the list of Topics. How you do it will depend on if you are on a computer or cell phone.
If you are on a computer, to the left of the current message on the web is a list of options and one of those is ¡°Messages¡±.?
Click on Messages, and you will see a list of all past Topics which contain all past email messages.
If you are on a cell phone (at least an iPhone), at the top of the message on the website you will see a button labeled ¡°Single¡±. Press ¡°Single¡± then ¡°Topics¡± and you will see the list of all past Topics and email messages.
|
Re: Present status and instructions how to go to the website
Thanks Ken for getting everyone on this media to make sure everyone gets the word and for your instructions on how to access past conversations.? I will see if I can get that last email for you this afternoon on my way home from work.
Hi All,
Seventeen of the 18 households in Fairfield
Estates have now
joined our . 5689 E Paseo Venado is the only one not on
the list because
they never sent me their email address.
I assume that we are waiting to hear from the
School
District¡¯s attorney about permission to install the boxes on site
#1 east, on Fairfield
Cir near the intersection with 3 Canyons. I have heard nothing.
On March 25 Jimmy said, ¡°I have contacted
Palominas Board
and have requested permission to use the easement.¡± I am concerned
about that
as I don¡¯t believe that there is an easement. As I had reported
earlier, I have
a copy of a Quit-Claim Deed dated 14 December 1998 where Palominas
Elementary School
District sold a 40¡¯ wide strip of land along the west side of
their property to
3 Canyons for $4,964. I believe that strip of land is now owned by
the Road
District and that is the land that the road is on. But perhaps I'm
wrong and there is an easement, but that's obviously a very
important issue.
I want to remind everyone that all the emails
are kept on
the website, and you can access them anytime.?
Below are instructions that I sent previously.
Ken
Basic instructions for .
(1) How to send a message to the group?? Send the email to
[email protected] and the message will go to
everyone in the
group.
(2) How to read past messages?? All email
messages are stored
as ¡°Topics¡± on our website, and the Topics are label
with the subject
line of the email. To read past email messages you must go to the
website.
There are at least two ways to do that, and I¡¯ll refer to them as
(2a) and
(2b).
(2a) The simplest way to read past messages is
to go
directly to the website. Its URL (web address) is
/g/FairfieldEstatesMailBoxes I have that
bookmarked on my
browser.
(2b) Alternatively, you can go to the website
from any email
that you receive from the group.
At the bottom of any email from the group you
will see a
list of options that include: View/Reply Online | Reply To Group |
Reply To
Sender | Mute This Topic | New Topic.
To go to the website, click on ¡°View/Reply
Online¡± and that
will take you that message on the website. Now you must navigate
from that
message to the list of Topics. How you do it will depend on if you
are on a
computer or cell phone.
If you are on a computer, to the left of the
current message
on the web is a list of options and one of those is ¡°Messages¡±.? Click on Messages, and you
will see a list of
all past Topics which contain all past email messages.
If you are on a cell phone (at
least an iPhone),
at the top of the message on the website you will see a button
labeled
¡°Single¡±. Press ¡°Single¡± then ¡°Topics¡± and you will see the list
of all past
Topics and email messages.
|
Present status and instructions how to go to the website
Hi All,
Seventeen of the 18 households in Fairfield
Estates have now
joined our groups.io. 5689 E Paseo Venado is the only one not on
the list because
they never sent me their email address.
I assume that we are waiting to hear from the
School
District¡¯s attorney about permission to install the boxes on site
#1 east, on Fairfield
Cir near the intersection with 3 Canyons. I have heard nothing.
On March 25 Jimmy said, ¡°I have contacted
Palominas Board
and have requested permission to use the easement.¡± I am concerned
about that
as I don¡¯t believe that there is an easement. As I had reported
earlier, I have
a copy of a Quit-Claim Deed dated 14 December 1998 where Palominas
Elementary School
District sold a 40¡¯ wide strip of land along the west side of
their property to
3 Canyons for $4,964. I believe that strip of land is now owned by
the Road
District and that is the land that the road is on. But perhaps I'm
wrong and there is an easement, but that's obviously a very
important issue.
I want to remind everyone that all the emails
are kept on
the website, and you can access them anytime.?
Below are instructions that I sent previously.
Ken
Basic instructions for groups.io.
(1) How to send a message to the group?? Send the email to
[email protected] and the message will go to
everyone in the
group.
(2) How to read past messages?? All email
messages are stored
as ¡°Topics¡± on our groups.io website, and the Topics are label
with the subject
line of the email. To read past email messages you must go to the
website.
There are at least two ways to do that, and I¡¯ll refer to them as
(2a) and
(2b).
(2a) The simplest way to read past messages is
to go
directly to the website. Its URL (web address) is
/g/FairfieldEstatesMailBoxes I have that
bookmarked on my
browser.
(2b) Alternatively, you can go to the website
from any email
that you receive from the group.
At the bottom of any email from the group you
will see a
list of options that include: View/Reply Online | Reply To Group |
Reply To
Sender | Mute This Topic | New Topic.
To go to the website, click on ¡°View/Reply
Online¡± and that
will take you that message on the website. Now you must navigate
from that
message to the list of Topics. How you do it will depend on if you
are on a
computer or cell phone.
If you are on a computer, to the left of the
current message
on the web is a list of options and one of those is ¡°Messages¡±.? Click on Messages, and you
will see a list of
all past Topics which contain all past email messages.
If you are on a cell phone (at
least an iPhone),
at the top of the message on the website you will see a button
labeled
¡°Single¡±. Press ¡°Single¡± then ¡°Topics¡± and you will see the list
of all past
Topics and email messages.
|
Hi All,
Sharon, my wife, was coming home through the
gate about 4:30
this afternoon, and an OHV with two teenage boys was coming west
on 3 Canyons
and turned on Fairfield right in front of her. Then the OHV took
off down
Fairfield. Sharon estimated they were doing 90 mph. I¡¯m not sure a
OHV can go that fast, but clearly,
they were dangerously speeding. Sharon followed them (at a safe
speed). They went to end of
Paseo Venado and started down a dirt road where she walks our dogs
every morning
and evening. The dirt road ends in a fence and gate, and she
blocked the dirt road
with her car. The OHV turned around and came back and stopped She
read
them the riot act and got a picture of the vehicle license
(attached). ?They promised
never to do it again, but they
are from 3 Canyons, so keep your eyes open.
Ken
|
Free Mailboxes (what do you think?), cost estimate, and size of site.
Hi All,
I talked to the Post Master, Doug Hoover, this afternoon, and he
said no regarding free cluster mailboxes.
Jimmy may have overlooked my email of March 13 regarding cost
estimates so that information is copied below.? This estimate
should be good wherever the boxes are located. There was a story
in the WSJ last week about reorganization and redirection of the
Post Office, and they are moving towards an emphasis on package
delivery rather than just mail. So looking forward, I strongly
recommend the 13-door mailboxes and at least one 4-door parcel
box.? I think the site prep is the biggest unknown, but I see no
reason why the Road District can't afford the boxes.
Parking and making U-turns will be important in evaluating sites.
I did some measurements for the area needed for U-turns in my
Suburban. I ideally we need at least 30' x 50' either to one side
of the paved road, or that area in total to either side of the
road not counting the road. This is something a group of
interested people should measure and agree on. I don't want that
responsibility alone.
Best,
Ken
Below is the email from March 13,
that is on the website.
?Most cluster mailbox units have both tenant
boxes and parcel lockers, and both are generally about 12¡± wide
and 15¡± deep. An important difference among the different models
is the height of the tenant boxes. The some are about 3¡± high,
but others are nearly 5¡± high, which means they will more likely
take packages than the smaller boxes.
The two most common models of mailboxes the
size that we will need have either 16 or 13 tenant doors ?(see attached images and
links below). We will need two units because there are a total
of 30 properties in Fairfield Estates and 18 homes at present.
The 16-door model has the smaller tenant
boxes 3¡± high but two parcel lockers. Two of these would provide
more tenant boxes than we would ever need. You can see examples
of these units at Vista Del Oro.
The 13-door model has the larger 5¡± high
tenant boxes although it only has one parcel locker. Two of
these units would have 26 tenant boxes, which would likely be
enough for years to come, perhaps ever, as some lots are likely
to be held as buffers rather than being built on. You can see
examples of these units at Covey Run, a couple miles east on 3
Canyons.?
Most cluster mailbox installations have
additional parcel lockers, and these are either 2 or 4 door
models. Personally, I would prefer the 4-door model because I
really don¡¯t want to go to the post office to pick up parcels,
especially at Christmas when the line is long, lol.
Cost estimate:
Surveyors need to establish the property line
$?
2 mailbox units: 2x ~$1400 = ~$2800
1 parcel locker =? ~$1200
to ~$1727
taxes and delivery= few hundred dollars
gravel and delivery ~$1000
Site preparation = ? (digging out couple mesquite, grade,
concrete pad, installation of units) ?(Can any of our property
owners do some of these?)
?
|
Re: Comments on Jimmy's emails
Jim,?
Good evening. I believe Ken has brought up some excellent points and I, along with others that I have spoken with, concur with many of his concerns. With that said, can the board please address the following:?
- Send out a copy of the bylaws and/or governing documents for the Fairfield Estates RMID.?
- Send out a financial report documenting the past few years of financial transactions. I would assume this will include the current balance of the account. ?
- Send out a list of projects completed over the past few years and a list of planned/future projects that determined the 2019 tax rate of 3.8029 and the 2020 tax
rate of 4.247.?
- Does the board know the tax rate for 2021?
- During the last board meeting, a concern was addressed that property owners with unapproved lots were not paying their share of the taxes while still benefiting.
We were told by the board that initially each property owner paid an equal share vs a percentage based on property value. An action was taken for the board to question the county on why the tax process had changed and to determine if we could go back to the
way it was. Has this action been resolved? If so what is the outcome?
Thanks for your time.?
v/r
Kevin Fitzpatrick?
toggle quoted message
Show quoted text
On Mar 26, 2021, at 3:30 PM, Ken Cameron via groups.io <rocks@...> wrote:
?
Hi All,
I first contacted the 3 Canyons Master Design Committee regarding installation of cluster mailboxes for Fairfield Estates on September 20, 2020, so this has been a long haul for me. With the meeting two weeks ago and with Jimmy¡¯s two emails
yesterday, I feel we¡¯ve made some progress. As I¡¯ve said many times, I don¡¯t care where the mailboxes are located; I just want to have mailboxes.
?Frankly, the main objective of my suggesting a deadline was to stir the pot and get some action happening. The mailboxes are going to be in place for our lifetimes, so I¡¯m in complete agreement that waiting on decisions
regarding the legality of sites is more important than deadlines. With that background, let me address specific points in Jimmy¡¯s emails.
¡°We think #1 is the best option for these reasons.?
1. The mailboxes would be located on the east side of the road which is convenient.?
2. The pull out is on private property. If we lose access to the pull out, where will we park??¡°
I don¡¯t understand why the east side of the road is more convenient. Perhaps that¡¯s true if you¡¯re approaching the boxes from the gate but not from the houses. Also site #3 is more convenient
to the houses than site #1. Depending on where the property line is, there could be ample parking on the west side of the road at site #3. But of course, we don¡¯t yet know where the property line is because the surveyors haven¡¯t been out. If there isn¡¯t ample
room, then we wouldn¡¯t site the boxes there. I agree the ¡°pull-out¡± question is important because wherever the boxes are located, we need room to safely make U-turns both for the postal carrier as well as homeowners.
I would consider site #1 east the best option if the school district allows us to have a more spacious site than #3 west, so it¡¯s critical that there is a written agreement regarding the
exact size and location of the site. The site should be large enough to allow a U-turn.
¡°the postmaster has the ultimate say in where mail boxes go.¡±
True, the postmaster must approve the site. Before I understood all the easement issues, and based on conversations with several neighbors, I thought that site #3 east (the pull-out) would
be the most logical site. I discussed this with the postmaster, Doug Hoover, and he came out and looked at the site. He thought the location was fine but suggested a ¡°drive around¡± site like they have at Vista del Oro. He told me to write an approval letter
and he would sign it. That was done in January (copy attached). I did that mainly to ¡°get the ball moving¡±, and I never considered it as the final decision on the site. The final decision rests with the community. I think Doug is a very reasonable guy, and
I¡¯m sure he will approve any safe site along Fairfield Cir.
¡°If you would like we can assign?a deadline to consider this option (site #1) exhausted.¡±?
As I said above, my talk of deadlines was to get some action happening. I have no authority to set deadlines. That is up to the Board and community.
?
¡°Why do we need to have an attorney write a letter where a friendly conversation can take place?¡±
I think a friendly conversation should have taken place months ago, but I have had no authority to contact the landowner. Also, friendly conversation isn¡¯t a legal agreement. We must have an attorney write the agreement, and it needs to
be recorded in the Recorder Office so some future landowner doesn¡¯t demand that the boxes be removed.
Personally, I think that the cost issues Jimmy discusses in the ¡°Second:¡± and ¡°Third:¡± topics should be relatively minor compared to the entire budget of the Road District. Even if some costs are unknown at present, it shouldn¡¯t
keep us from moving forward. The District should be able to afford it. The next topic is very relevant to this.
Jimmy¡¯s ¡°Fourth:¡± topic brings up a can of worms that I have been avoiding. I strongly agree with his statement, ¡°Everything needs to be documented and publicly available¡±. The following may lead
to a painful, but I think ultimately healthy, conversation. It¡¯s important because it involves a lot of
our money.
I haven¡¯t seen the governance document for the District, but I suspect that the District hasn¡¯t been doing much in the prescribed fashion. For example, the Board is self-appointed not elected, there has been no annual meeting of property
owners, no outside audit of the books that I¡¯m aware of, no published budget (I haven't even heard one), no financial report, etc.
I completely understand that ¡°We are just getting back on track as a board with active members.¡±. I¡¯m grateful for Jim stepping up and restarting District activity, and I believe he is the type of person
who can work with the community to reach a consensus. To accomplish things, one often must ignore some of the rules and just move forward. I¡¯m all for that so long as the majority of the community agrees.
However, I am a bit uncomfortable with the lack of financial transparency in the District. Since moving here in 2019 I¡¯ve paid over $2000 in taxes to the Road District, and I have no idea what has happened to that money or what exactly
is planned for it. Jim as President and Jimmy as Treasurer control the purse strings. I greatly appreciate their willingness to serve, but I¡¯m not sure that a father and son controlling the purse strings is the ideal situation. It¡¯s just a matter of appearance.
If I were Treasurer (and I have absolutely no desire to be), the first thing I would do is get an outside audit of the books and then provide all homeowners (and landowners if required by the governance document) with a financial statement and projected budget.
One advantage of groups.io is that everything is documented. All the emails are saved on the website and can be accessed by anyone in the group. So, when we vote by email, it¡¯s documented.
How are we going to move forward with the mailboxes? Are we going to wait until we get a decision from the School District before doing anything regarding site #3 west?
Ken
<PO 1002.pdf>
|
Comments on Jimmy's emails
Hi All,
I first contacted the 3 Canyons Master Design
Committee
regarding installation of cluster mailboxes for Fairfield Estates
on September
20, 2020, so this has been a long haul for me. With the meeting
two weeks ago
and with Jimmy¡¯s two emails yesterday, I feel we¡¯ve made some
progress. As I¡¯ve
said many times, I don¡¯t care where the mailboxes are located; I
just want to
have mailboxes. ?Frankly,
the main
objective of my suggesting a deadline was to stir the pot and get
some action
happening. The mailboxes are going to be in place for our
lifetimes, so I¡¯m in complete
agreement that waiting on decisions regarding the legality of
sites is more important
than deadlines. With that background, let me address specific
points in Jimmy¡¯s
emails.
¡°We think
#1 is the best option for these reasons.?
1. The mailboxes would be located on the east side of the road
which is
convenient.?
2. The pull out is on private property. If we lose access to the
pull out,
where will we park??¡°
I don¡¯t
understand why the east side of the road is more convenient.
Perhaps that¡¯s
true if you¡¯re approaching the boxes from the gate but not from
the houses. Also
site #3 is more convenient to the houses than site #1. Depending
on where the
property line is, there could be ample parking on the west side
of the road at
site #3. But of course, we don¡¯t yet know where the property
line is because
the surveyors haven¡¯t been out. If there isn¡¯t ample room, then
we wouldn¡¯t
site the boxes there. I agree the ¡°pull-out¡± question is
important because wherever
the boxes are located, we need room to safely make U-turns both
for the postal
carrier as well as homeowners.
I would
consider site #1 east the best option if the school district
allows us to have
a more spacious site than #3 west, so it¡¯s critical that there
is a written
agreement regarding the exact size and location of the site. The
site should be large enough to allow a U-turn.
¡°the postmaster has
the ultimate
say in where mail boxes go.¡±
True, the
postmaster must approve the site. Before I understood all the
easement issues,
and based on conversations with several neighbors, I thought
that site #3 east
(the pull-out) would be the most logical site. I discussed this
with the postmaster,
Doug Hoover, and he came out and looked at the site. He thought
the location
was fine but suggested a ¡°drive around¡± site like they have at
Vista del Oro. He
told me to write an approval letter and he would sign it. That
was done in January
(copy attached). I did that mainly to ¡°get the ball moving¡±, and
I never
considered it as the final decision on the site. The final
decision rests with
the community. I think Doug is a very reasonable guy, and I¡¯m
sure he will
approve any safe site along Fairfield Cir.
¡°If you would like
we can
assign?a deadline to consider this option (site #1) exhausted.¡±?
As I said
above, my talk of deadlines was to get some action happening. I
have no authority
to set deadlines. That is up to the Board and community. ?
¡°Why do we need to
have an
attorney write a letter where a friendly conversation can take
place?¡±
I think a friendly conversation should have
taken place
months ago, but I have had no authority to contact the landowner.
Also, friendly
conversation isn¡¯t a legal agreement. We must have an attorney
write the
agreement, and it needs to be recorded in the Recorder Office so
some future landowner
doesn¡¯t demand that the boxes be removed.
Personally, I think that the cost issues Jimmy
discusses in the
¡°Second:¡± and ¡°Third:¡± topics should be relatively
minor compared
to the entire budget of the Road District. Even if some costs are
unknown at present,
it shouldn¡¯t keep us from moving forward. The District should be
able to afford
it. The next topic is very relevant to this.
Jimmy¡¯s ¡°Fourth:¡± topic brings up a can
of worms that
I have been avoiding. I strongly agree with his statement, ¡°Everything needs to be documented and
publicly available¡±.
The following may lead to a painful, but I think ultimately
healthy, conversation.
It¡¯s important because it involves a lot of our
money.
I haven¡¯t seen the governance document for the
District, but
I suspect that the District hasn¡¯t been doing much in the
prescribed fashion. For
example, the Board is self-appointed not elected, there has been
no annual
meeting of property owners, no outside audit of the books that I¡¯m
aware of, no
published budget (I haven't even heard one), no financial report,
etc.
I completely understand that ¡°We
are just getting back on track as a board with active members.¡±.
I¡¯m
grateful for Jim stepping up and restarting District activity, and
I believe he
is the type of person who can work with the community to reach a
consensus. To
accomplish things, one often must ignore some of the rules and
just move
forward. I¡¯m all for that so long as the majority of the community
agrees.
However, I am a bit uncomfortable with the lack
of financial
transparency in the District. Since moving here in 2019 I¡¯ve paid
over $2000 in
taxes to the Road District, and I have no idea what has happened
to that money
or what exactly is planned for it. Jim as President and Jimmy as
Treasurer control
the purse strings. I greatly appreciate their willingness to
serve, but I¡¯m not
sure that a father and son controlling the purse strings is the
ideal situation.
It¡¯s just a matter of appearance. If I were Treasurer (and I have
absolutely no
desire to be), the first thing I would do is get an outside audit
of the books
and then provide all homeowners (and landowners if required by the
governance document)
with a financial statement and projected budget.
One advantage of groups.io is that everything
is documented.
All the emails are saved on the website and can be accessed by
anyone in the
group. So, when we vote by email, it¡¯s documented.
How are we going to move forward with the
mailboxes? Are we
going to wait until we get a decision from the School District
before doing
anything regarding site #3 west?
Ken
|
Ken,
First: From what I know they have turned it over to their attorney.? I contacted the president of the board using this page.?
Their?office called me and said they would run it by their?attorney. I have no Idea how long it will take but I will follow up in a week. If you would like we can assign?a deadline to consider this option exhausted.?
Second: I am not sure how you are used to conducting business. I think leveraging an attorney at $250 per hour or so, to write letters is a waste of money. I do not know what our tab with Nathan is up to, but I fear getting a bill for several thousand dollars. I understand you want to send the property owner behind site #3 a courtesy notice. However, if anyone sent me a letter from an attorney?I would be very alarmed. Why do we need to have an attorney write a letter where a friendly conversation can take place??
Third:?We left the meeting in agreement that more information was to be obtained. We need:?
1. Where the property line is exactly via a land survey. 2. Will the post office provide the mail boxes. If not, how much will it cost?? 3. How much will the slab and gravel cost??
Once we have a total estimate per viable site, we can take a vote for approval during the next board meeting.?
Fourth: I appreciate all your efforts, I really do. For the respect of the district members, residents, and property owners, we need to stick to what was voted on. We are just getting back on track as a board with active members. We need to remember that we have requirements as a district to post meeting notices,?agenda, and results to the public. If we are making judgements and approvals via email without public notice we are opening ourselves up to liability. Everything needs to be documented and publicly available.?
Jimmy R.?
Jimmy, Does does the School District
know there is no easement?
Ken
On 3/25/2021 8:52 PM, James Ruby wrote:
Everyone,?
I called the board of supervisors for Palominas School District.
They have submitted a request to their attorney to see if they can
simply give us authorization to use the easement. I would like to
see what the result is. Until then I am giving a thumbs down.?
I just don't want to sacrifice a better option for a sooner
option.?
Jimmy
?
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