GENERAL43724 - Laserfiche WebLink

Home Browse Search

• NOV-04-1999 08 46 AM L~SBY/SIERRA 303 9652 P, 02 use ail of the evideuoe availabb to property bouodaeies. Whi1a iafotmstlon recorded wkh s county clerk might arty tmre then other t:videaoe, information rot recorded with the coimity can and ahotrld be ooesiderei vtr~. Any docuradtt mry be recorded with the noway, atxtxttte or not erd rho courtly t vouch fbr the ~Y of arty document h record,. So, not ouq~ luau a swveyor mchde ell rmatbn available to catabllsh boundmica and corners is the field, he atwt suspect that even n recorded whh the ootmty may be inaceurate. It b sib to aaaana that all aavcyora have mou or all ofthe evldenoe available to ktcate the cWm ooratas and boandarks, htchrdfag notes fibr Survey No. 4530. They have all placed the claim corncrs and boundaries costly My !per is that if these aro diacrepm~cies between the bearkrgs and distances shown on the maps cod the d1,ta~e rated to Yuk Creek in 1886 geld rotes, these surveyors kncuv of the sod bcatod clabn ootttas aocor+d'mg to standard practices established by the Co Board of Probeaioaal Land Surveyors. Bxaux of the EeobQy of the area, h appears that uk Creek could not have atoved much since 1886. However, this is m wtkmwn and today would disooust such iafom~ntbn btxause h b not Daly possible, but vuay Illoely thst Yids k has moved at least sonic over the 100+ yams ahtoe the aiu~vey notes were prepared. i Normally when there is a property dieagreemeet a new etvvey would M is order. The arcveyor would he chosen johttly and the st altered by the pmtka. Early is the peeceee, Siena Wright havo hem ~ to do this. behtg away fl+om h ibr abmost ten years) I u ws9te ofthn and moray. The evldmce I CYMC ~+'eY bird aot„u'ately Placed the ~ refobrced when the surveyor taonahl w 1 grormd at the precise bcatioos dctiaed by White Marble Lodo CMbn sad the sorrthq batlom >br bowtdarits, the western cad ~ r, ere I once again studied the evidaoce available (a8ct ate m the oonchudon that a ttew sutvcy would be a silnble ores overwheh~eg that the Khtg storey and ~paty bowdaries. Thin wnc]usion ores )star she by CierS' wagger placed pies and stakes is the tiller sttrv+eys ~r bosh the eastern boundary of the bormdary of the Yuk Lode Chun. Ushtg these 'your cable ayetem cad the cave m on OMYA cleans It appears that you have ghteked out of of the evidence avaifsble only that itdbrmstion that supports your view, and it appears you ' evidence that does mt. l3ary Wagrte~s surveyor oott&ma earlkr stuvey work, but you se to igmre this i>ew wont because h does sot support your position. i em lad to question you ere genuinely Interested in 9oding teasonebk sohrtiom to say of the diw~canttmRa we have. 8ierea has provided reasonable rtetloe that cable system and cave ne boated oa OMYA property and slowed you p~eoty of time remove your ptrsonel property 9~om these bcetlom. The risk of a6owbg these ha~adous co to reatain is ~ However. at OMYA's request. and with the carrctatence of 3 's iaeruettce carrier, we have derided to delay removing these haaarui~ to allow you time absorb the information provided in this letter and to present say Rather laformetba you have.l In the m~e, we will htstaU fencing around the cable system and Dover the hole in the bulkhead 9oor at Sierra's expaue. Regerdieg Sierra's periodk dGchmge of water into Yub Creek, Sierra's permk documents arc oa file with the State of Cob:ado. I this m6oraation is avsu7ebb to the public. Ihuatg this post awraser, w11an 9lutrra disctrsgd corn the giwry, tLn water vvas piped rMm ttr