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Attachment 40 9ccgi� ROSSI HAMERSLOUGH REISCHL & CHUCK A Protessic)nal La«, Corporation VIA EMAIL AND U.S, Me tr Gary Redenbacher, Esq, Redenbacher & Brown, LLp 1414 Soquel Avenue P.O. Box 66134 Scotts Valley, CA 95067 GarrnRedBrownLaw com L,99,7ie@RedBroi),,ni.aNy.com RE: APN 527 -02 -007 15925 Quail Bill Road, Los Gatos, California Our File: R15149 Dear Mr. Redenbacher: SEP 0 8 2015 TOWN OF LOS GATOS PLANNING DIVISION September S, 2015 One of my clients, Brad Krouskup, obtained a copy of your letter to Michael Vierhus dated August 17, 2015 in the Town of Los Gatos Planning Division file. My clients, Mrs. Krouskup, asked me to review and comment on your letter. Mr. and IPirst, I would point out that I have been involved in this representing Mr. and Mrs. Krouskup for some time. process and have been Attached is my letter to your clients' sellers dated April 26, 2013. I am sure the sellers and /or their agent passed on my letter on to your clients at or before they purchased the subject property as part of their full and complete disclosure. Subsequent to that letter and pursuant to your clients' plans to construct the subject residence, I have engaged title companies, civil engineers and surveyors to evaluate the easement issue. Contrary to your statement ,it is very clear from the recorded documents" the subject easements for ingress and egress are muddled at best, different title companies have taken the position with regard to each of the subject properties as whether or not an easement exists. Obviously, your clients have tide insurance, and I would recommend that you make a proper tender to the tide insurance company in that we are questioning the validity of the easements. That being said, our clients were and are willing to work with your clients to 1960 The Alameda, Suite 200, San Jose, CA 95126 • P(408) 2614252 F(408) 261-4282 8 Harris four}, Suite 41, Monlerey, CA 93940 • P(831) 655 -3180 www- rhrc.net ATTACHMENT 4 Gary Redenbachet, Esq. September 8, 2015 Page 2 of 3 design a structure that is in accordance with town standards and presents a good neighbor approach to the construction process. I assume from your letter that you advised your clients that you have a slam dunk case to create a prescriptive easement, but I am sure you have also told them that your clients as user claiming a prescriptive easement will have the absolute burden of proof to prove each and every element necessary to establish that easement, and further have explained to them the difficulty in obtaining prescriptive easements. As you know, I have represented.a variety of owners, title insurance companies, surveyors and claims that hat over my mey who career as a real estate . rive easement sgreallyenot reading the law properly orris Overstating easily easily obtain a pre p the case. I have reviewed the cases you cited in your correspondence, but they are not on point. I would respectfully request that you take another look at what you are citing as the law. If there should be any balancing of the equities in this ease, as articulated in your letter, it would be your clients' access from a public road, not overburdening the existing roadway as outlined. The issues of overburdening axe outlined in my attached letter of April 26, 2013. Again, I assume that you are ad-%nsing your clients that "it is inconceivable that a court would interrupt the clients are planning and the f o act that the easements probably don't construction that your even exist in the configuration that you are contending they do, is unfortunate. I don't need to remind you that as attorneys we owe all parties to a transaction a duty tion of cases. Your letter implies an to be open, honest and candid in evalua overstated and n tin accordance h the fact or law that apply to instant action' argument that is Please advise if you are authorized to very truly JtRR:jc Enclosure R. on behalf of rot clients. 1� Gary Redenbacher, Esq. September 8, 2015 Page 3 of 3 cc: Clients Planning Division Town of Los Gatos 110 E. Main Street Los Gatos, CA 95030 Dlanning@12G a osca ov Robert Schulz, Esq. Town Attorney Town of Los Gatos 110 E. Main Street Los Gatos, CA 95030 rschult @lose& rte_ Lynne Lampros, Esq. Deputy Town Attorney Town of Los Gatos 110 E. Main Street Los Gatos, CA 95030 LkmDros@lo a osca oc S : \CLVt}R151491COPRESMEDENBACHER [09 -08- 20155j.DOCX VIA U S. MAIL Richard K. Payne 16216 Kennedy Road Los Gatos, CA 95032 1960 S1x A Is 04 8uim 200 6=J =. en 95126 a (408) 261.4252 s (108) 2614292 's April 26, 2013 4 Re: KROUSKUP / QUAIL HILL ROAD Dear Mr. Payne; We represent Brad and Dana Krouskup, the owners of 15921 Quail Hill Road. It is our understanding that you, and possibly other family members, own the property located at 15925 Quail Hill Road. We have been informed by our clients that your property is, or shortly will be, on the market for sale and that there is a possibility that if it is sold a buyer may pursue significant reconstruction (or construction) of existing improvements on the property. Wth the agiree and opine oIn the Agreement for the iUse and oMa nnt anc asked to e of Quail Hill Road recorded as Document No. 12192126 at N112PAGE2016 on November o large 1993. Cenain provisions in that agreement would prevent the use of any type 9 e vehicles on the existing Quail Hill Road Easement dbt through as consequence, I belie your access to construction on your property property has frontage on a public street. The provisions in the agreement that I believe are controlling are and state as follows: 2. The private road commonly known as Quail Hill Road shall be maintained to a reasonable standard as necessary to provide two -way access for passenger vehicles, service vehicles and emergency vehicles. It is not intended for any commercial purpose. 7. Parties to this agreement also agree to the following use restrictions intended to preserve the character and physical integrity of the road and thereby protect the investment made in the road and minimize its future maintenance cost. 8. The road's use shall be limited, to the extent possible, to light- weight, rubber -tired passenger vehicles and light trucks used for the provision of residential services. Richard K. Payne April 26, 2013 Page 2 of 2 10. Owners of property contiguous to the road shall maintain their property In such a manner so as to protect the road Improvements and to provide for the free passage Of vehicles. Thls is to Include, but not be limited to, trimming vegetation, controlling drainage, cleaning the Pavement and maintaining necessary subjacent support to the roadway. 12. No use shall be made of the road which knowingly damages the roadway pavement or appurtenances or adjacent private property. 13. The installation, use, or maintenance of private or public utilities within the easement and above, on or under the roadway shall, to the greatest extent possible, not damage or impair the roadway, pavement or appurtenances. If any such damage should occur, it will be the responsibility of the property owner or owners causing such utility Installation, use or maintenance to repair or cause to be repaired the damage or Impairment on a timely basis and in a good and workmanlike manner, equal to or better in strength and durability than the original roadway. As a courtesy, we are providing a copy to whom we understand is estate agent, Helen Pastorino, Helen is a ve for a number of years, and someone who will ye able to provide credible and r real knowledgeable Information to you with re gent, a client of our firm regard to the issues articulated above. Should you require any additional Information further please advise. RRR:jc cc: Client LS I 5: \CL\R\KROU KUP \PAyNE 4- 26- 2013.DOCX or wish to discu« m,,- �tter This Page Intentionally Left Blank