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EXHIBIT "C" <br /> 8.A. - Page 325 <br /> 555 12th Street,Suite 1500 Timothy D.Cremin <br /> Oakland,California 94607 Attorney at Law <br /> tel(510)808-2000 tcremin @meyersnave.com <br /> fax(510)444-1108 <br /> www.meyersnave.com <br /> meyers nave <br /> November 18, 2013 <br /> Via E-mail and U.S. Mail <br /> Paul Powers <br /> RWC Harbor Communities LLC <br /> 650 Bair Island Road <br /> Redwood City, CA. 94063 <br /> Re: Access Easement for Pete's Harbor Property <br /> Dear Mr. Powers: <br /> You requested that we provide a legal opinion on the rights of the owners of the Pete's <br /> Harbor property ("Property") to build pedestrian and vehicle access improvements to the <br /> Property from the current eastern terminus of Bair Island Road across the land owned by <br /> the U.S. Fish and Wildlife Service ("USFWS Property"). RWC Harbor Communities I.LC is <br /> under contract to purchase the Property. It is our opinion that the current and future <br /> owners of the Property have the right to build, maintain and use pedestrian and vehicle <br /> access improvements on the USFWS Property under the terms of a recorded easement deed <br /> in favor of the Property that is in full force and effect ("Easement Deed" or "Easement"). <br /> The basis for our opinion is set forth below. <br /> The former owner of the USFWS Property, Leslie Salt Co.,granted the Easement Deed, in <br /> 1965, for access over its property to Peter Uccelli,Jr.,the owner of the Property. The <br /> Easement states that it is "for the construction, maintenance and use of a roadway for <br /> ingress to and egress from adjoining real property of Uccelli." Uses allowed under a <br /> roadway easement for ingress and egress are interpreted broadly. Since the Easement is <br /> granted in broad terms, it can be used for all reasonable purposes related to the purposes of <br /> the grant. (6 Miller& Starr, Cal. Real Estate 3rd ed. ("Miller Starr"), Easements, <br /> § 15.59.) In particular, roadway easements for ingress and egress include use by pedestrians <br /> and all types of vehicles. (hipkin v. Der Torosian (1973) 35 Cal.App.3d 722 (roadway easement <br /> included rights to use by foot, automobile, truck, tractor and all types of agricultural <br /> equipment).) The extent of the Easement rights also are interpreted by the uses in place at <br /> the time the Easement was granted and foreseeable future uses. (Miller Starr,Easements, <br /> 15.58.;Applegate v. Ota (1983) 146 Cal.App.3d 702.) The uses in the Easement Area over <br /> time also may be used to interpret the extent of rights under the Easement. (Gayton v. <br /> Lebedina (1958) 158 Cal.App.2d 252; (thin v. S. Cal. Edison Co. (1987) 194 Cal.App.3d 1306 <br /> (extent of easement use established by past use of easement area).) <br /> A PROFESSIONAL LAW CORPORATION OAKLAND LOS ANGELES SACRAMENTO SAN FRANCISCO SANTA ROSA FRESNO <br />