Update: Legal Action Against Sawyers

Update: Legal Action Against Sawyers

Update 09/05/2018 – Legal action taken

After sending a photo of the airplane and email to Jeffco on 9/4/18, I received a response from Matt Robbins at Jeffco stating that the County has taken legal action against the Sawyers for the fence and the airplane usage.  They will also now seek a preliminary injunction to prohibit any further air traffic, as a result of the email yesterday.

My attorney pulled the case information and it was originally filed in March, unbeknownst to me. 

More recently the court denied the Sawyers’ motion to dismiss the case.

If anyone wants to see any of the relevant case documents please let me know.

This is very good news!   Although the legal process can be a long one, hopefully the outcome will be restoring the open space to its original condition.

Thanks again everyone for your support for protecting our open space.  Our two petitions made a big difference in the County’s decision to bring legal action.

Plane parked on 9/4/2018

Not In Our Open Space!

Update 09/04/2018

Well it’s been a while and not only has nothing been done by Jeffco or Ken Caryl, but there is now an aircraft parked just North of the open space.  It’s curious how it arrived there, as I don’t recall seeing an airplane being towed in our neighborhood.  Please let me know at mark.thomas@nofencekcr.com if you saw anything.

In addition, LED lights have now been installed on every fence post on both sides of the 1/3 mile fencing.  All-night lighting in our open space?

Mr. Sawyer threatened to use the open space to land his airplane in a letter to Jefferson County.  Jeffco responded that he was not allowed to.  But Jeffco also told Mr. Sawyer to follow a procedure for approval of the fence, which he ignored, erecting the fence anyway.

There are just a few problems with this aircraft thing that I can think of.  First being safety.  Second being illegality.  Third being possible violation of FAA rules.  There are many ways to expand on the safety issue of course.  People WALK and RIDE in this open space.  Deer, coyotes and other large wildlife cross this driveway – wrong animal, wrong time……oops plane crash.  Fire.  Not to mention an amateur pilot taking off and landing near or over Ken Caryl and Willow Springs neighborhoods and property.

I have sent an email to the following with this information:  Jeffco board of commissioners, various other Jeffco contacts, KC Master Association board, various KC employees, KC Metro District.  I will email all of the interested parties that have signed the petition and another letter will be appearing in the KC paper.

Lights on every fencepost

UPDATE 11-24-17:  The Sawyers sent a letter to Life at Ken Caryl newspaper claiming they are allowed to build the fence without a permit.  They seem to believe they can do whatever they want on public land owned by Jeffco and paid for by Ken Caryl residents.  That belief is based on one vague word from a 1987 agreement between two banks:  improvements.  I have posted that document, as well as other pertinent communications between the Sawyers, Jeffco and Ken Caryl (Chris Pacetti) below.

Here are some key documents obtained from Jeffco:

 

The “damn fence” or “Deal with it” email from Sawyer.

This is an email from Sawyer to the Jefferson County attorney and Chris Pacetti (from the Ken Caryl Master Association).  Oh, and in item 4 when Sawyer says “the specific usage of the easement you have objected to”, he means landing his airplane in the open space – why doesn’t he just say that?

The belligerent letter from Sawyer’s attorney regarding the fence and all about using the driveway as a landing strip:

 

The PDF file of above letter:

Letter to County Atty Snyder (LeRoux)


The 1987 easement agreement between two banks that the Sawyers are relying on to assert they can build a private fence and land an airplane in public open space.

Read the PDF of the 1987 Easement Agreement:  1987 Easement Agreement

Key items:

“improvements” – the vague term relied upon for the fence.

Section 11 – “Should Washington Industrial Bank desire to make improvements within the easement, it shall be entitled to do so upon written notice thereof to First Capitol Corporation given not less than ten nor more than thirty days prior to the commencement of said improvement work. Said notice of improvement shall include a statement of location and nature of the work and improvements to be performed.”

Uses allowed in the easement:

Section 9 –  “That the easement in question shall connect Parcel B to the North Ranch Road in the North Ranch and shall provide for vehicular and pedestrian traffic.”

 


 

UPDATE 11-22-2017:  A  second fence has been constructed on the entire West side of the easement without the proper permits from Jeffco.  The Sawyer’s land grab continues.  

UPDATE 9-19-2017:  A fence has been constructed on the entire East side of the easement without the proper permits from Jeffco (see before\after photos below).  The easement holder has disregarded a notice from Jeffco that a permit process, with public comment, is required for the fence.  It has also come to light that the easement holder wants to use his driveway easement as a private airstrip.  This has become a blatant attempt by Mr. Jonathan Sawyer to GRAB PUBLIC LAND for his own purposes.

The Ken Caryl Metro District, Master Association and Jeffco have told me more than once that “Mr. Sawyer will be a good neighbor”.   I do hope they now finally see the truth of the matter.

Jefferson County and Metro District, if necessary, must go to court to require removal of the fence and repair of the damage to the Dakota Hogback open space.  You can  call and email Jefferson County to let them know.   Tell them enough is enough.   They must stop capitulating to a belligerent individual who does not own this land.  Let them know that a private individual landing an aircraft where we walk and bike is a bad idea!  Please also sign the new petition.

Before

 

After

 

After

 

After

A quick read to understand the issue

The owner of a private property, not within Ken Caryl, wants to construct a fence, 1/3 mile long, along the side of a driveway easement which runs through Jeffco and Ken Caryl Open Space, called “Parcel A”.  Parcel A is hogback open space in the Northern part of Ken Caryl Valley.  If you’ve heard of the 4th of July trail, that’s in Parcel A, and is the only trail in Ken Caryl that goes to the top of the hogback.

Looking into Parcel A from the end of North Ranch Road.  Private gate, security camera and keypad.  This isn’t enough for the owner of 99 North Ranch Road.

Ken Caryl residents lease this open space from Jeffco and pay to maintain it with taxes and homeowner’s dues.

The property owner currently has a private electric security gate, private security camera and keypad\intercom to keep unwanted vehicles off the driveway.  The public is allowed to use the driveway easement because the land is owned by Jeffco public open space.  The driveway is only an access convenience for the owner of 99 North Ranch Road.

In 2006 the previous owner of 99 North Ranch Road sued Ken Caryl to remove the fence – because it ruined his views.  The lawsuit resulted in Ken Caryl residents, on top of legal fees, paying the owner $50,000 in damages, removing the fence, and allowing the construction of the private gate, private camera, etc…

The current situation has been working well for the 11 years since the legal settlement, with the gate protecting the open space by restricting vehicles on the driveway easement.

Constructing a 1/3 mile fence in this beautiful meadow serves no purpose and will:

  1. Permanently damage the open space (3-foot holes, wooden posts anchored by concrete all the way)
  2. Be an eyesore and a nuisance to the public using the area
  3. Disrupt wildlife
  4. Make maintenance of open space more difficult

The homeowner has claimed all kinds of reasons for a fence, none of which makes any sense.  But new information has come to light in mid-September.  The easement holder wants to use the easement to LAND AIRCRAFT.  Now it’s all becoming more clear.  The Sawyers had a hidden agenda for the fence that Jefferson County just discovered.

This is an open space stewardship issue, but Jeffco Open Space is listening to lawyers and a single private homeowner instead of the public.   

What you can do:  Click here for contact information for Jeffco Open Space, the Ken Caryl Metro District Board and the Master Association Board Presidents.   Tell your neighbors.  The only remedy to stop this fence is for Jeffco to say “no” to the easement owner and to defend our open space in court if necessary.  Ask your MD and MA representatives to lobby Jeffco to Stop the Fence – that is also part of their job – to represent the interests and wishes of residents.

Emails and phone calls do make a difference!