On June 07, 2018 a
Motion-Secondary
was filed
involving a dispute between
Kenneth Miller,
and
David Strothers,
Eric Bevard,
Gretchen Bevard,
for Real Property - Other (Declaratory Judgment/Ease)
in the District Court of Jefferson County.
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FILED: JEFFERSON COUNTY CLERK 08/28/2020 03:43 PM INDEX NO. EF2018-00001369
NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 08/28/2020
STATE OF NEW YORK
SUPREME COURT COUNTY OF JEFFERSON
KENNETH MILLER,
REPLY AFFIDAVIT
Plaintiff
-vs- Index No. EF2018-00001369
RJi 22-19-0290
ERIC BEVARD,
GRETCHEN BEVARD, and Assigned Justice:
DAVID STROTHERS, Hon. James P. McClusky, J.S.C.
Defendants
STATE OF NEW MEXICO
COUNTY OF BERNALlLLO SS.:
Deponent, being duly sworn, deposes and says:
1. Deponent is the Plaintiff in the above captioned action and makes this Affidavit in
further support of Plaintiff's request for Motion:
2 There is no well on the property. Instead, the water supply involves a limited capacity
underground holding tank.
3. The water pump has been used since 1984. The water and electrical lines were
already in the ground when Mr. Harvey, (Strother's predecessor) bought the property in 1996.
4. Annexed hereto as Exhibit F is a copy of the Harvey deposition indicating he
was fully familiar with these matters.
5. Annexed hereto as Exhibit is a copy of the Strothers deed showing his
purchase was subject to the easement.
6. The pump house and water line has historically been used to provide grey water to
the property.
7. This has been used for decades and in particular, by my father until his death in
2012. There has been no opposition to the use of the property until we recently advised Mr.
Strothers of our intention to repair the structure.
8. The repair involves the installatioñ of a newly built roof and a cinder block repair.
Any future repairs to the underground water and electrical lines that may be necessary would
also be subject to the permissions of the esserments in all effected deeds.
1 of 2
FILED: JEFFERSON COUNTY CLERK 08/28/2020 03:43 PM INDEX NO. EF2018-00001369
NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 08/28/2020
9. Accordingly, plaintiff's request is meritorious. There is a clear unrestricted
easement for the use and the maintenance of the pump house, water and electrical lines. As
such, deponent believes Plaintiff's request e ran
K LL
Sworn and subscribed to before
J446
Me this day of August, 2020
. OFFICIAL SEAL
) Cheryl H. Vallejos
) (
NOTARV P BLIC .... s r o aco
2 of 2
Document Filed Date
August 28, 2020
Case Filing Date
June 07, 2018
Category
Real Property - Other (Declaratory Judgment/Ease)
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FILED: JEFFERSON COUNTY CLERK 08/28/2020 03:43 PM INDEX NO. EF2018-00001369 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 08/28/2020 STATE OF NEW YORK SUPREME COURT COUNTY OF JEFFERSON KENNETH MILLER, REPLY AFFIDAVIT Plaintiff -vs- Index No. EF2018-00001369 RJi 22-19-0290 ERIC BEVARD, GRETCHEN BEVARD, and Assigned Justice: DAVID STROTHERS, Hon. James P. McClusky, J.S.C. Defendants STATE OF NEW MEXICO COUNTY OF BERNALlLLO SS.: Deponent, being duly sworn, deposes and says: 1. Deponent is the Plaintiff in the above captioned action and makes this Affidavit in further support of Plaintiff's request for Motion: 2 There is no well on the property. Instead, the water supply involves a limited capacity underground holding tank. 3. The water pump has been used since 1984. The water and electrical lines were already in the ground when Mr. Harvey, (Strother's predecessor) bought the property in 1996. 4. Annexed hereto as Exhibit F is a copy of the Harvey deposition indicating he was fully familiar with these matters. 5. Annexed hereto as Exhibit is a copy of the Strothers deed showing his purchase was subject to the easement. 6. The pump house and water line has historically been used to provide grey water to the property. 7. This has been used for decades and in particular, by my father until his death in 2012. There has been no opposition to the use of the property until we recently advised Mr. Strothers of our intention to repair the structure. 8. The repair involves the installatioñ of a newly built roof and a cinder block repair. Any future repairs to the underground water and electrical lines that may be necessary would also be subject to the permissions of the esserments in all effected deeds. 1 of 2 FILED: JEFFERSON COUNTY CLERK 08/28/2020 03:43 PM INDEX NO. EF2018-00001369 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 08/28/2020 9. Accordingly, plaintiff's request is meritorious. There is a clear unrestricted easement for the use and the maintenance of the pump house, water and electrical lines. As such, deponent believes Plaintiff's request e ran K LL Sworn and subscribed to before J446 Me this day of August, 2020 . OFFICIAL SEAL ) Cheryl H. Vallejos ) ( NOTARV P BLIC .... s r o aco 2 of 2