2016-04-18_PERMIT FILE - M2016010 (13)

Home Browse Search

Alderman Bernstein April 18, 2016 Page 2 the Eagles Nest subdivision, including the Kimble Property. A copy of the Decree declaring Little Turkey Creek Road a private road is attached as Exhibit 2. The Court issued the Decree at the conclusion of a legal proceeding brought by a prior owner of one of the lots within the Eagles Nest subdivision against the prior owner of Hitch Rack Ranch. A copy of the Amended Complaint is attached as Exhibit 3. All the property owners within the Eagles Nest subdivision were also included in that legal proceeding. As stated in the Decree, the private road commonly referred to as Little Turkey Creek Road, is an "easement appurtenant" that runs with the land, meaning that any conveyance of the properties either burdened or benefitted by the easement includes a conveyance of the private road easement and any and all of those properties are benefitted by this ingress and egress easement forever. Ms. Kimble's deed specifically includes the private road easement and demonstrates that the private road easement runs with the land. A copy of the Kimble property Deed is attached as Exhibit 4. The Decree sets out the exact location of Little Turkey Creek Road, by providing a legal description of the center line of the road, and stating that the private road is 10 feet on each side of that center line. The Decree also sets out the dominant estate owners' rights and restrictions with regard to the use of Little Turkey Creek Road. Ms. Kimble and all of the property owners within the Eagles Nest subdivision are the dominant estate owners of the private road easement, and the owner of the Hitch Rack Ranch is the servient estate owner. The dominant estate owners: can use the private road for ingress and egress (page 4); cannot deviate from the private road onto other portions of the servient estate (page 15, paragraph 7); cannot increase the burden on the servient estate beyond that set forth in the Decree (page 4); and must be provided with keys or lock codes if the servient estate owner installs any or all of the permitted three gates across Little Turkey Creek Road. The Decree also sets out the servient estate owner's rights and restrictions with regard to the use of Little Turkey Creek Road. For example, the servient estate owner: can erect and maintain three gates on Little Turkey Creek Road but keys or lock codes must be provided to the dominant estate holders (page 15, paragraph 4); can post a sign saying that Little Turkey Creek Road is a private road and that any person using such road and not having a right to use (as given in decree) is a trespasser (page 15, paragraph 5); and can erect cattle guards on Little Turkey Creek Road, but cannot obstruct passage or travel on such road (page 15, paragraph 4). The current owner's proposed use of the Hitch Rack Ranch as a granite quarry includes significant blasting activities and denuding the area of its current vegetation (that stabilizes the terrain) on the servient estate. That change in use of the servient estate is prohibited under the clear language of the Decree because it restricts the unobstructed passage by way of Little Turkey Creek Road of the dominant estate holders to their properties. Ms. Kimble therefore vehemently objects to the approval of the Application.