OCR Text |
Show TRYING TIMES - JANUARY 1995 - 7 — POA Lawyer’s Opinion (January 10, 1995): GORDON, herein collectively referred Roads & POA Charter to as “Declarant”, and CASTLE VALLEY RIVER RANCHOS,.a Utah corporation, hereinafter referred to as “Developer”: Paragraphs 3 and 4: “WHEREAS, all of the real property described in the Map comprises in the aggregate a single subdivision unit (herein referred to as “Unit”) which is a portion of an overall development (herein referred to as “Development”) contemplated by Developer, which other units shall be developed from adjoining lands owned by Declarant and annexed to the Development as herein provided; and “WHEREAS, there are 370 subdivided lots, the number of which lots and the legal descriptions of which are set forth on said Map, and . . . . “ —SECOND DOCUMENT— “Entry No. 352426, Filed for record Aug. 30, 1974 at 8 pm, No. 222, page 539-51, Esther Somerville, Recorder, Grand County, Utah": Paragraph 3: ‘WHEREAS, all of the real property described in the Map comprises in the aggregate a single subdivi— sion unit (herein referred to as “Unit”) which is a portion of an overall development (herein referred to as “Development”), a prior unit of which was developed from adjoining lands owned by Declarant and to which the Unit is annexed as herein provided; and “WHEREAS, there are 78 subdivided lots in the Unit, the number of which lots and the legal descriptions of which are set forth on said Map; and . . . " THE ROADS— Castle Valley Drive belongs to Grand County. It was properly dedicated via a 2/3 vote of the POA. The dedication was made through the Town of Castle Valley reportedly due to the legal technicality that the County could only accept a dedication from a public rather than private, i.e. the POA, entity. I have my doubts about that. Nevertheless the dedication appears appropriate and properly done in all respects. See Covenants & Restrictions, §8. The remaining roads are private roads open to public use. Though there is some question from the recorded plats, I believe it was intended that the lot owners own the land, with easements granted to the POA. . There is some confusion here. The plat for Unit I appears to place the entire road easement burden on one side of the road, while in Unit II, the lot boundaries run to the middle of the road easement. It is my understanding, in any event, that lot owners do r_19_t pay property tax on that portion of their lot, if any, which is in the road easement. Regardless, it was clearly the intent that the POA control, if not own the easement. The property owners are obliged to maintain the easement. There is also a prohibition from putting anything on or in the easements, though the C&Rs are not and extent of the prohibition. [See C&R, §9.] CAN UNIT 11 SECEDE FROM THE POA?— No. There is only one POA. The By-Laws and C&Rs are, in all substantive respects, identical for both. There is neither historic or anecdotal evidence of which I’m aware that would support such a contention. On the contrary, I have obtained the Affidavit of Mr. Hersel Nokes, Castle Valley River Ranchos Project Manager from 1976—1990, who states that Units I and II are merely a differentiation for sales purposes. That view is reportedly shared by Mr. Joe Kingsley, who had a great deal to do with Unit 11. I have not spoken to Mr. Kingsley personally about that. In view of the fact that the Bylaws and C&Rs for both units are the same, and that they “run with the land," it is difficult to imagine what Unit H would hope to accomplish by splitting off. It could not “change the rules of the game.” Within that constraint however, i_f it were generally agreed by a majority of all lot owners that Units I and II should “divorce,” I don’t see anything that would prohibit that from happening. All that being said, I cannot think of one good reason for splitting Units I and II. —Steve Russell perfectly clear regarding the nature 5-'o I. ragThink Spring!*\\.\oi, Cf" We're getting ready to plant. 4"“ ‘ 0 Regular hours beginning Mid-March 0 Wide Selection FRUIT TREES, VEGETABLES, FLOWERS CANYON NURSERY Call 259-8274 275 Williams Way . OPEN NOW BY APPOINTMENT . |