HomeMy WebLinkAboutB12-0264 email RE easment policyRachel,
Thank you for looking into this matter. I am still waiting for the written copy of this policy and how it came to be. This should be public, so sending it to me should not be something
that has to wait until Tuesday, nor something that needs to be run by the town's attorney.
I await receipt of it.
Thanks,
Margo
________________________________
From: RDimond@vailgov.com
To: margomull@hotmail.com
CC: WCampbell@vailgov.com
Subject: RE: easment policy
Date: Fri, 27 Jul 2012 17:36:09 +0000
Margo- I am consulting with the Town attorney and will get back to you on your inquiry. Thanks for your patience, as he is not in the office until Tuesday.
Rachel F. Dimond
Town Planner
Community Development Department
970.479.2440
970.479-2452 fax
www.vailgov.com/comdev <http://www.vailgov.com/comdev>
From: margo mullally [mailto:margomull@hotmail.com]
Sent: Friday, July 27, 2012 9:02 AM
To: Rachel Friede Dimond
Cc: Warren Campbell
Subject: easment policy
Good morning Rachel,
I am a little puzzled by the town's request that we obtain written permission for use of an access easement that we already possess. As you are no doubt aware, an easement by definition
allows us (and our guests) access without the need to request permission. Our easement is not encumbered with any restrictions as to its use and for the town to impose them arbitrarily
would be a breach of our property rights.
I understand that it is your responsibility to follow town policy and we are of course eager to comply. To this end we would request a copy of the written policy that you are enforcing
in this case so we can clear up any misunderstandings. We would also request the date and time of the meeting at which this policy was enacted as well as a list of those present. Finally,
to ensure we understand the nature and practical application of this policy, we would like a list of the projects that have previously had permits delayed or on which permits have been
contingent on permission to use an existing easement. As you are no doubt aware, there has been a rather large project done on our own building where no permission was obtained from
the neighbors for access and indeed we were ourselves locked out of our unit for 9 months over our very strenuous objections.
Public notice went out for our project and the existing access easement was never a concern, as it shouldn't be because it already exists. To clarify, there will be no storage of materials
on this easement.
Thank you for your response and assistance in this confusing matter.
On another note, I heard you are pregnant. Congratulations! That is very exciting for you and your family:) I hope you are feeling well.
Regards,
Margo Mullally