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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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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.?
|
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.?
|
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
--
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.?
|
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??
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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??
|
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??
|
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??
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