Dear fellow members of sevenbays,
I know that much has been posted about the retaining wall the the Bennetts built the encrouches onto the easement road next to them. Like most of you I would like to see a finale resolution to this issue so that we can move on to more pressing matters such as a water tower that the association members have paid for but do not have leagal access to the property it was built on.
So that it does not become fauder for more back room gossip ( which this community could do with a lot less of) I want everyone to know that I am a very close personal friend of Mike and Karen Bennett and have known them for over 20 years. I currently have the privelege of living next to them at sevenbays. I understand that many of you will think that I am bias in regards to this matter.
However, I think we all need to step back and take a new look at this situation in a rational manner.
First: What necessitated the need for the wall?
Two lots were donated to the association by a very generous member of the community. (I wounder if he knew the problems and turmoil it was caused the community if he would do it again). These lots were not part of the original platting of the developement when it was first mapped out. In order for the association to get any value for them and make them accessable for a future buyer a road had to be cut and water, sewer, and electricity had to be run to the lots. In building the road a dirt bank was built above the Bennett property and every time it rained dirt would wash done on to their lot. The association should have built a retaining wall to prevent this when they built the wall.
Does the Bennett wall encrouch on the easement?
Yes, at its widest point it is 7 feet on to the easement.
What is the impact on the association and it members?
None, the association still retains full ownership of the propberty. With any easement, if at any time the association needs to dig under the wall for water sewer or what ever, it is entitled to remove the wall and is not responsible for replacing it. Must every homeowner has easements on their property for such things as gas lines, sewer pipes , water mains, etc. It does not change your owner ship to the property, however the utilities can dig up your lawn and are not responsible to put it back to its original state.
Are the two adjoing land owners who share the road opposed to the wall?
No, both of them have signed letters stating that they are fine with it and have no concerns with it at all. They feel it is a benefit to everyone.
Are there any emergency vechiel safety issues with the wll?
None, the local fire department inspected it and sent a letter to the association that they had no problem with it at all. Lincoln county recommends that access roads should be at least 16 feet wide to insure access by emergency vechiels, at its narrowest width the road is 17 feet 9 inches wide, exceeding county recommendations
How does the association benefiet from the wall?
The association benefits from the fact that there is no more run off and WE the members did not have to pay any more for the improvements to the lots leaving more money for the new water system. It looks better improving the appearance of the community and helps improve all the property values in platt 3.
How do the Bennetts benefit from the wall?
They have easier access to their front door making it easier for their parents (who are all over 80years old) to visit with them.
I appoligize for the lenght of this, however I think that it is important for all of us to look at this as objectively as possible and to make a decision that is practical and not emotional.
I truly hope that calmer heads will prevail and everyone realizes that no one is harmed by the wall and we all benefit from it.
As a last thought, we all will be better off with less name calling and bitterness and more of an attitude of working together and supporting each other within the community.
Sincerely
Ed Korst
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