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Request to send letter to property owner of site #3

 

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Jim,

The email exchange with the President of the Vista Del Oro was both informative and I think predictable. The documents he sent shows that they did transfer the 40¡¯ easement along the west side of their property to the Road District. Apparently, there is no longer an easement there. To get the finally answer to that may require both a lawyer and surveyor, but in any case, the HOA doesn¡¯t appear interested in giving up any more land. ?

I took another look at copy of the Quit-Claim Deed I have for property the road is on adjacent to the school district land. It¡¯s dated 1998 so it¡¯s probably been superseded by a document I don¡¯t have a copy of. But I suspect the situation is the same as with Vista Del Oro. That is, what was a 40¡¯ easement along the west side of the school district property is now the land owned by the Road District.

I request that Nathan be authorized to send the letter ASAP to the property owner of site #3. We won¡¯t start installation of the mailboxes at site #3 until we receive a reply from the school district and have the surveyor define the property line. But let¡¯s not waste time waiting for reply from the school district before sending the letter.

Thanks,

Ken
 

Ken, read your email and because I didn¡¯t fully comprehend the conversation, I would like a little time to digest this and seek my own council on this matter. ? I as acting President of FRMID prefer not to make decisions by myself.? I like your idea of shotgunning all the sites, but I would like to wait on the surveyor to provide clarity before we engage our attorney. Nathan¡¯s fees are not cheep and also not included in the budget.? I also believe we can get what we want without him. I sincerely appreciate your hard work and understand your deadline on this matter! It would also help if we had something from the Postal Service in reference to guidelines for cluster mailboxes, do we really need 16 ft or would ?8 ft ?suffice? It might be easier to sell 8 rather than 16!?
Jim



On Sun, Mar 21, 2021 at 4:42 PM Ken Cameron via <rocks=[email protected]> wrote:

Jim,

The email exchange with the President of the Vista Del Oro was both informative and I think predictable. The documents he sent shows that they did transfer the 40¡¯ easement along the west side of their property to the Road District. Apparently, there is no longer an easement there. To get the finally answer to that may require both a lawyer and surveyor, but in any case, the HOA doesn¡¯t appear interested in giving up any more land. ?

I took another look at copy of the Quit-Claim Deed I have for property the road is on adjacent to the school district land. It¡¯s dated 1998 so it¡¯s probably been superseded by a document I don¡¯t have a copy of. But I suspect the situation is the same as with Vista Del Oro. That is, what was a 40¡¯ easement along the west side of the school district property is now the land owned by the Road District.

I request that Nathan be authorized to send the letter ASAP to the property owner of site #3. We won¡¯t start installation of the mailboxes at site #3 until we receive a reply from the school district and have the surveyor define the property line. But let¡¯s not waste time waiting for reply from the school district before sending the letter.

Thanks,

Ken
 

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Jim,

Honestly, I don¡¯t understand all these delays, but if you can answer the following questions, perhaps it will explain the delays.

(1) Why are you optimistic that the school district will allow installation of the mailboxes on their property? If their situation is like Vista Del Oro, what was the 40¡¯ easement along the west side of their property was deeded or sold to the Road District. Most likely, there no longer is an easement for us to install the boxes on. But even if there is an easement, we still need their permission.

(2) If the school district will not allow installation on their property or easement, where would you propose the mailboxes be installed?

(3) You seem to have some serious reservations about site #3 west. What are they?

(4) You say, ¡°I believe we can get what we want without him [Nathan Williams]¡±. What do we want and how are we going to get it without an attorney being involved? Some kind of legal agreement must be drawn up and recorded in the Recorder Office.

Your objection to Nathan sending a letter of intent to the property owner of site #3 appears to be financial. That¡¯s not a problem. I will be happy to pay all his charges for sending the letter. I promise you, at this point, nothing would make my happier! I am eager to pay!

If Nathan sends the letter in the next few days, the school district turns us down, and the surveyors come out, then perhaps we could have the mailboxes installed in about 45 days, say about May 1.

I will be happy to personally interact with the surveyors. We need very little information from them.

I don¡¯t understand your comment about the mailboxes. "16" refers to the number of tenant doors, not ft. The mailboxes I discussed are the standard ones exactly like they have at Vista Del Oro, Covey Run, and the main part of Wild Horse.

Ken



On 3/22/2021 10:44 AM, Jim Ruby wrote:

Ken, read your email and because I didn¡¯t fully comprehend the conversation, I would like a little time to digest this and seek my own council on this matter. ? I as acting President of FRMID prefer not to make decisions by myself.? I like your idea of shotgunning all the sites, but I would like to wait on the surveyor to provide clarity before we engage our attorney. Nathan¡¯s fees are not cheep and also not included in the budget.? I also believe we can get what we want without him. I sincerely appreciate your hard work and understand your deadline on this matter! It would also help if we had something from the Postal Service in reference to guidelines for cluster mailboxes, do we really need 16 ft or would ?8 ft ?suffice? It might be easier to sell 8 rather than 16!?
Jim



On Sun, Mar 21, 2021 at 4:42 PM Ken Cameron via <rocks=[email protected]> wrote:

Jim,

The email exchange with the President of the Vista Del Oro was both informative and I think predictable. The documents he sent shows that they did transfer the 40¡¯ easement along the west side of their property to the Road District. Apparently, there is no longer an easement there. To get the finally answer to that may require both a lawyer and surveyor, but in any case, the HOA doesn¡¯t appear interested in giving up any more land. ?

I took another look at copy of the Quit-Claim Deed I have for property the road is on adjacent to the school district land. It¡¯s dated 1998 so it¡¯s probably been superseded by a document I don¡¯t have a copy of. But I suspect the situation is the same as with Vista Del Oro. That is, what was a 40¡¯ easement along the west side of the school district property is now the land owned by the Road District.

I request that Nathan be authorized to send the letter ASAP to the property owner of site #3. We won¡¯t start installation of the mailboxes at site #3 until we receive a reply from the school district and have the surveyor define the property line. But let¡¯s not waste time waiting for reply from the school district before sending the letter.

Thanks,

Ken
James Ruby
 

Not sure if Jim replied to this.?

However, after the meeting we discussed a few things. I can tell you his position is the same as mine.?

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??

We don't want to rush for a quick option when we could have a better option.?

However, we do agree that if option #1 is not feedable, option #3 is best.?

I have contacted Palominas Board and have requested permission to use the easement. They advised me they are currently running it by their attorney. I would like to at least see what they say.?
Second, the postmaster has the ultimate say in where mail boxes go. Once they are placed, it become extremely difficult to move them.?

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