Attachment 40
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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
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