Update 9/22/2018 –
On September 14, 2018, our attorney, Roger McLaughlin wrote to the attorney for the principals of the back date property, requesting a meeting, etc. A copy of the letter is include in the 9/14 posting below. To date there has been no response to that letter.
Sewer pipes have been delivered to the site. Forms for the basement of the Learning Center have also been delivered to the site.
Update – 9/17/2018
Your Board of Trustees is in contact with Freehold Soil Conservation District, who are responsible for this area of Monmouth County. Freehold Soil were notified on Thursday 9/13 about soil being moved on the property and one of the inspectors did speak with a Board member to discuss the project. Per Freehold Soil district, the contractor does have approved plans and permits to do the required grading, however, the Freehold Soil District should have been notified prior to the start of that phase of the project. The inspector anticipated visiting the site on 9/14.
Today additional information was faxed over to Freehold Soil Conservation, as soil is being readied to move off of the acreage, and sewer pipes as well as foundation boxes for the Learning Center are being delivered to the site.
As you will see in the 9/14 update below, our attorney Roger McLaughlin is interacting with the attorney for the contractor.
Your Board of Trustees met this morning with Roger McLaughlin regarding the back gate property. Mr. McLaughlin has been re-engaged by FSW to represent us.
Mr. McLaughlin provided the following information:
> The Township of Wall is permitted to give an easement to the contractor at the back property to perform work associated with the project.
> Because of easement rights, the contractor has the right to go into FSW.
> No one is liable for property disturbed by use of the easement.
> Generally, the contractor is obliged to restore disturbed property.
> In the event the decorative wall is damaged/removed, the contractor will probably restore the wall, however they are not forced to do so.
> The contractor does have a Performance Bond and Insurance.
> We, FSW, would have no right to obtain a injunction -it would be a waste of time and money for us.
The planned course of action is for Mr. McLaughlin to contact Wall Township officials to get a stop work order until a meeting is arranged between your Board of Trustees, Town Officials, and Contractor &/or his representative.
One of the options your BOT would like to discus at the meeting is the possibility of re-routing the proposed sewer hook-up and perhaps hook-up through Morningstar Road. This may allow the replacement of trees rather than bushes over where the present sewer hook-up is anticipated.
Mr. McLaughlin has contacted Wall Township Officials who have agreed to stop the work while a meeting is being scheduled. A copy of Mr. McLaughlin’s letter to the attorney for the contractor/owner is attached.1211_001
Your Board of Trustees has received the following information from Roger McLaughlin regarding the back property. Also included for your review and information are copies of the 2014 letters from Roger McLaughlin and Keith Henderson regarding the back property, along with copies of Easements relating to the back property.info from attorney
Common ElementsUtility Esmt 21897
Greenhorn Access Esmt83198
RoadwayUtility Esmt. 21897
R. McLaughlin's Letter to K. Henderson
April 4, 2014
March 24, 2014
Update 9/5/2018 – Easements filed that may impact the back gate construction.
There are two easements on file that relate to Block 893.06 Lot 49 – which is our Four Seasons at Wall community. One of the easements was dated February 18, 1997 and recorded in Deed Book 552, Page 920. We are seeking information as to what “community” is defined in the easement – is it Four Seasons at Wall, or Wall Township as the “community”.
The second easement executed by Khov, also on February 18, 1997, and recorded in Deed Book 5584, Page 223, is entitled Declaration of Reservation Roadway/Utility Access Easement.
As more exact information is received by your Board of Trustees, this information will be posted.
Update 8/30/2018 and September 5, 2018
Your Board of Trustees had another conference call with Roger McLaughlin on 8/30/2018. Mr. McLaughlin is going to have Wall Township provide the Wall Township Planning Board minutes for July and September 2016 to shed additional light on the status of the property adjacent to our back gate. Four Seasons at Wall may have to have a title search done to determine the exact property lines in the back gate area.
Your Board of Trustees had a conference call with Roger McLaughlin this morning regarding easements, and any agreements that would impact the construction at the back property and our property here @ Four Seasons. Mr. McLaughlin was the attorney representing Four Seasons at Wall Township meetings on the back property. Mr. McLaughlin came on board with Four Seasons in 2014.
Specific questions were asked about conditions to the easement(s) that allow for routing sewer lines through Four Seasons property and the subsequent tree removal along Morningside.
Mr. McLaughlin is going to review his file and check records at the Township Office(s) for additional information. He did indicate that easement(s) and any conditions may have been granted by the developer, KHov. The review of the information and checking with the Town may take a few days and he, Roger McLaughlin, will provide Chuck with any information. That information will be passed onto all of you.
As a note, the Board of Trustees had requested a meeting with the Contractor at the back property to review items that are in the Town approved plan and to make sure our property and residents are protected. The meeting was scheduled for August 14, however, the attorney for the Contractor was not able to attend the meeting and it will be rescheduled.
April 2016 Wall Township Planning Board Meeting Minutes – These minutes relate to the Learning Center and the construction of 6 homes adjacent to the back gate area of Four Seasons. There are 10 pages to the Minutes so you will have to scroll down at the bottom of the first page.04042016-486Planning Board Mtg