AgdaPkt 2014-03-24 Closed and Regular

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8.A. - Page 326 Paul Powers Re: Access Easement for Pete's Harbor Property November 18,2013 Page 2 At the time the Easement was granted in 1965, the owners and patrons of Pete's Harbor had been using the Easement Area for pedestrians, cars, trucks,boat trailers and construction equipment ingress and egress. More intense commercial use of the marina (including a public restaurant) was contemplated and foreseeable at the time the easement was granted. Since the Easement was granted in 1965, the Easement Area has been extensively used and improved for all types of roadway purposes and parking relating to a marina,public restaurant, and other uses. The proposed roadway, pedestrian path and related improvements within the Easement Area clearly are within the rights granted under the Easement. The proposed access improvements are specifically authorized under the Easement Deed terms. The Easement Deed allows use of the USFWS Property"for the construction,maintenance and use of a roadway for ingress to and egress from adjoining real property of Uccelli." The proposed roadway,pedestrian path and related improvements are exactly the types of uses allowed under the Easement. In addition, the roadway and pedestrian access improvements are similar to the uses of the Easement Area by the owners of the Property prior to and since the Easement was granted. Therefore, the proposed uses and improvements are unquestionably allowed under the Easement. The rights under the Easement Deed run with the land and are binding on the successors and assigns of the parties by its own terms and by operation of law. Section 4 of the Easement Deed states that it is binding on the successors and assigns of the parties. USFWS is a successor and assign of the grantor Leslie Salt Co. and, therefore, the USFWS Property remains subject to the Easement's burden. RWC Harbor Communities TLC will be a successor and assign of the owners of the Property and, therefore, it has the rights under the Easement to use the USFWS Property. The Easement remains in full force and effect because there is no recorded document in the record of title for the USFWS Property that is signed by the owners of both the Property and the USFWS Property and alters or amends the rights under the Easement Deed. Furthermore, the grant deed to USFWS specifically states that the property conveyed remains subject to easements and rights of way in record or in use,and for roads over and across the USFWS Property. Therefore, the owners of the Property retain the roadway easement rights over the USFWS Property. Use of the Easement in accordance with its terms does not require consent of the owner of the USFWS Property. The Easement Deed itself provides the authorization and consent of the encumbered property owner for its use. The Easement Decd is executed by the owner of the property that it affects. Since the Easement Deed is recorded and runs with the land, subsequent owners who obtain title to the property take ownership of the property subject to the Easement. (Civil Code, 5 1462; Stanislau.r Water Co. v. Bachman (1908) 152 Cal. 716 (covenants running with real property bind the successors and assigns of the covenantor in the same manner as if they had personally entered into them).) Since the Easement is in the chain of tide recorded on the property, subsequent owners have notice of its provisions and are bound by its terms. (Id.) As described above, the deed to USFWS specifically states that the property was subject to existing rights-of-ways and easements. A PROFESSIONAL LAW CORPORATION OAKLAND LOS ANGELES SACRAMENTO SAN FRANCISCO SANTA ROSA FRESNO