Hi all,
A serious situation has developed here that could shut down Wings of Wonder forever and I feel the extreme need to reach out for support.
The Leelanau County Road Commission has suddenly decided that our private easement is a public seasonal road! We feel our home and the privacy and protection we have created for the raptors are in jeopardy. If the Road Commission is successful, Wings of Wonder could be forced to close down.
A little history about this easement:
1. The private easement has been used by several property owners, dating back to the early 1970's. This easement, which begins at the end of the paved portion of South Gilbert Road, provides ingress and egress rights to 3 different land parcels. A private road agreement document was drafted in early 1970's and has been signed by every land owner, at every land transaction, and is registered and libered at the Leelanau county courthouse.
2. In 1990 the first house was built on this property. The new land owner paid $11,000 to have electricity brought a mile back to service her house. She signed an easement agreement with Cherry Land Electric, who first did a title search which proved the easement was indeed private, before burying the electric cable underneath the middle of the easement. That same year the owner was contacted by the Kasson Township Planning Commissioners and told to name the easement so she could then have a mailing address. She decided to name the easement "GREENWAY" and it has been recognized by the US Postal service, FEDEX, UPS and 911 emergency services ever since. Prior to her house being built, there were a number of 2 tracks, logging trails and pathways thru the property and adjoining vacant lands. Some of these pathways meandered thru the woods and eventually connected up with the next county road, Beeman Road. Once the landowner began to live back here full time she put an end to the trespass problems. The easement thru all 3 land parcels was in a very poor state with deep ruts, wash outs, large rocks, and erosion problems. The land owner decided to not use the easement for driving in each day. She instead chose to park her car out at the end of South Gilbert road and walk in. The property is accessed from (county road) South Gilbert Road, which heads south 1/2 mile off of hwy 72 before dead ending. At the intersection of south gilbert road and hwy 72 there has been a DEAD END road sign since at least 1990. At the end of South Gilbert road there has been a ROAD ENDS sign since at least 1990. At the opposite end, Beeman road, there is a Seasonal Road sign and a NO OUTLET sign.
3. The Lessards purchased the property in 1999, and had to sign the private road document at the time of sale. Lessards contacted the Kasson Township zoning administrator with their garage plans. Permits were purchased, the zoning administrator inspected the sight, and permission was granted to the Lessards to build their garage. Note, this garage sits less than 8 feet from the easement! At no time did the inspectors, building permit office or any others mention anything about the easement possibly being a public right of way!
4. In 2000 the Lessards applied for additional building permits to build their house. The site sits across from the garage, on the other side of the easement. Again, no comments were made about the road easement from the building inspectors, permit office, etc. Permits were granted and the house was built.
5. In 2002 Rebecca Lessard appeared before the Kasson Township Board to ask for permission to create a non profit raptor rehab center and sanctuary. She discussed plans, goals, layout, etc. with this board. She was granted unanimous support and received a letter from the board which she used to apply for her federal non profit status. Again, no mention was made about the road easement by this township board. The flight enclosures were built, 2 of which are positioned less than 5 feet from the road easement.
6. In the past 20 plus years there has not been any maintenance done on this easement by the road commission. All easement maintenance has been done by the Lessards. In the past 20 years there has been no public use of this road easement. For some reason the Leelanau County road commissioners have decided that this easement is now PUBLIC, even tho they have no legal documentation to support this claim.
The road commission recently enlisted the assistance of the Leelanau County Prosecuting attorney. The Lessards and Wings of Wonder have hired attorney Jim Olson and Jeff Jocks for our legal representation.
The $6780.00 we have already put into this defense of our private easement and the safety and security for Wings of Wonder could have been better spent towards:
25 raptor educational presentations to schools, camps, and libraries, or the rehabilitation of 6 bald eagles, or building 179 screech owl and american kestrel nest boxes, or purchasing 2260 frozen quail (treats) for the eagles, falcons and turkey vultures at Wings of Wonder.
Wings of Wonder is one of but a few licensed raptor rehabilitation and education centers in this entire state. Additionally, we are one of only 3 centers, in Michigan, to have a large 100 foot flight enclosure... ...which is big enough to aerobically condition our largest raptors (the bald eagles and turkey vultures) prior to their release back into the wilds.
I am reaching out to you, our supporters and WOW family.....would you be willing to write letters in support of Wings of Wonder? Would you be willing to tell as many people about this situation as possible, helping us to spread the word? Would you be willing to donate towards the now necessary legal defense fund? Would you be willing to make phone calls to township and county officials, as well as to the Leelanau County Road Commission?
Listed below are the important contacts. I ask that if you decide to send a letter to the Leelanau County Road Commissioners, that you also cc that letter to the Leelanau County Commissioners, the Kasson Township Board, and Empire Township Board, and please, please send me a copy as well, so we can provide our attorney with a copy.
Leelanau County Government Center
Attn: Leelanau County Commissioners
8527 East Government Center Drive
Suttons Bay, Michigan 49682
866-256-9711
Leelanau County Road Commission
10550 East Eckerle Road
Suttons Bay, Michigan 49682
231-271-3993
Kasson Township Board
10988 South Newman Road
PO Box 62
Maple City, Michigan 49664
Empire Township Board
PO Box 234
Empire, Michigan 49630
If you wish to make a donation towards the legal defense fund, please
make checks out to Wings of Wonder and mail to 13035 South Greenway,
Empire, Michigan 49630
If you want to make a donation on line, with PayPal, please use the
following link to the Wings of Wonder web site: http://www.wingsofwonder.org/supportWOW.html
Huge "raptorian" thanks to you all....your support makes me smile,
makes me cry with appreciation, and right now makes me feel strong.
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