This week we found a letter from the President of the Parkview Agents to Westgate residents encouraging them to move their fences onto the easement. The letter is dated April 7, 2012 and was initialed by the President of the Agents at the time. It references the Westgate alley, encourages us to build fences on that land, and mentions the possibility of the land being returned to the neighborhood should the neighborhood ever decide to recreate the alleyway. I have posted the letter on the website. Here is a link for you to read it and download a copy for your records.

During the meeting with the Agents on 4/25/21 they informed us that as a result of the previous lawsuits within Parkview their lawyers advised them that they needed a conditional use agreement to reinforce the existence of easements within the old Westgate alley.

While we can appreciate the agents’ position our concern is the additional language contained within the agreement. We are drafting a basic statement that we hope will be agreeable to everyone. I will send everyone a copy when it’s ready.  We will have more chances to revise it if we get closer to a working agreement.

I posted a copy of the lawsuit that the agents say is the reason for the need for this agreement. Here is a link. Please take the time to read it. It sheds some light on our case.

Please attend the Parkview Annual Meeting on May 22. We will be electing new agents and discussing the Parkview Master Plan. I would be nice to have as many Westgate Residents in attendance as possible.

On 4/25 at 4pm we will meet with the agents in Pershing Park to discuss version 2 of the conditional use agreement. Our hope is that this meeting will help us communicate our position to the Agents to avoid a conflict.  It would be helpful if as many agents and residents attended as possible.

Some residents were emailed the agreement and others were presented the agreement when they went to seek a permit from the agents.  If you have not received the agreement yet you can find a copy here.  I do not feel it is in my interest to sign the agreement and a number of residents have submitted surveys that conflict with the Agents position as stated in the agreement.

We’re not sure why this is progressing but we’re hoping it’s a simple communication breakdown.  We need everyone to attend in order to be informed going forward.  Please encourage your neighbors and fellow Agents to attend. This affects all Parkview residents.

We received a new draft agreement from the Agents on 12/26/20.  I posted a copy on the website.  We still firmly believe that the best resolution is not an agreement but for the agents to rescind their claims. That would put us all back to the status quo, and nobody’s interests would be affected one way or the other.

 

There is a meeting for Westgate Ave residents on 1/10/21 at 4pm via zoom to discuss the new agreement.  A link to the meeting is posted on the front page of westgateave.com

Next Zoom Meeting 1/10/21, 4pm

The meeting on 8/30 with Randy Getz went well.  Most of the meeting was focused on if there was any evidence that Parkview has anything more than an easement for the alley behind Westgate Ave.  Some questions were raised about the evidence presented by the Agents to the residents.  It looks like the alley behind Westgate is owned exactly the same as all the private alleys in Parkview.  The point was also raised that many of the houses were purchased with fences and improvements already in the easement and shown own the surveys that we had done – wouldn’t that have come up in the title search?  None of our titles listed Parkview ownership.  This challenge on our property could be an issue for our title companies.  We are waiting on a response from the agents as to how they would like to proceed from here.

At the meeting we discussed some of the specifics of the Temporary Use agreement.

We would like to hear from the agents before making a decision.  There will be another meeting in the coming weeks with the agents represented where we can ask questions.  The time and link to that meeting will be posted here.

Some questions from the meeting were:

Q: Did only the residents who moved their fence receive the agreement?

A: It appears not, everyone on the South side of Westgate will get it.

Q: What brought this up now?

A: The 2 lawsuits that happened:  1.  Over the alley space at the front of the neighborhood.  2.   The resident on Pershing that wanted to reclaim limits walk where it dead-ends into the Metrolink wall.  The Agents’ lawyer suggested they solve this future problem with us now.

Q: What happens if we do nothing (don’t sign)?

A:  As far as we can tell, nothing will happen.  The indentures will stand and nothing changes.  This is an option and a question for the Agents.

 

Does this say that it is the responsibility of the agents to forever provide ingress and egress via the western border of Parkview?