mtdemocrat.com Mountain Democrat
Friday, July 2, 2021
CALIFORNIA
A11
“Golden State”
Statehood: Sept. 9, 1850
• Motto: Eureka • Flower: Golden Poppy • Tree: California Redwood • Bird: California Valley Quail • Animal: California Grizzly Bear
Daycare and Preschool
The easement, above, cuts from Highway 49 to private property through the Georgetown Divide Recreation District's 10-acres on which the Bayley House sits. A gate restricted access to the easement road, right photo.
Where Learning and Love go Hand in Hand!
Celebrating service to the community since 1999! We offer education and care for babies, Preschoolers, Pre-K, private Kindergarten. Teachers are educated in Child Development, CPR and First Aid certified, and make it a priority to continue their education. 202
Mountain Democrat photos by Thomas Frey
Easement
5130 Golden Foothill Pkwy. | El Dorado Hills 916-521-1835 | www.thegiftofkids.net
Continued from A1
otherwise use someone else’s land for a specified purpose and in this case, nearby landowners say it’s the only way they can access their land. Wilson said he went to leave his property one day but he couldn’t — a gate had popped up with a lock he didn’t have the combination for. “That’s false imprisonment,” his attorney said. In a preliminary injunction filed May 3, GDRD’s attorney Ronald Scholar stated that the “defendants, in what can only be described as a tortured interpretation of the 1977 grant deed, claim their easement is south of the Bayley Barn when the 1977 grant deed states it is north of the Bayley Barn.” The easement today runs directly between the Bayley House and Bayley Barn. When the county’s late surveyor Phil Mosbacher went to look at the land in April, he indicated the easement’s location was valid in his records. “The county surveyor identified everything on the parcel map and said the easement is valid,” Samaan said. “GDRD is suing us for what El Dorado County approved. This case will eventually evaporate.” Despite that, Samaan said his clients have offered to fully fund and build an easement north of the barn — something that would cost at least $100,000 — but GDRD didn’t take them up on the offer. The barn was restored as a large event and wedding venue while the Bayley House, originally built in 1861, remains in disrepair, although in 2008 a fundraising effort got off the ground to restore it for possible use as a museum and cultural center. A.J. Bayley initially had a hotel in mind, thinking the Central Pacific Railroad would run nearby and travelers would make good use of the 22-rooms — but the railroad took a different course. The Bayley House still served as a hotel before being used as a private residence up to the 1960s. In 1978 the Bayley House and surrounding 10 acres were donated to El Dorado County before being sold in 1989 to GDRD for $1. “All of (GDRD’s) landscaping, all of their wedding venue is in the location where the roads would have to go,” said neighboring property owner Byrd. Heavy traffic on an easement is a concern for GDRD. In Scholar’s injunction, activity involving large gravel and water trucks traversing Bayley Park was noted. GDRD Recreation and Facility Director Jayne Captein was cited as a witness of such activity, which she said created poor air quality during an event being held at the Baley Barn. “… large gravel trucks traveled back and forth on the dirt road, stirring up dust creating poor air quality,” she stated. “While (the) defendants were also running water tanker trucks up to their properties they did not wet down the dirt road. This activity is a significant and substantial increase in the use of the dirt road both in the number of trips and the size of
0
the vehicles.” That is all allowed, according to the 1977 land deed, which says the “… easement hereby reserved to grantor its successors and assigns good and sufficient for all purposes to provide access, utilities and other services..” Samaan said GDRD suggested an easement off of Rattlesnake Bar Road could be used instead. When the Mountain Democrat went to investigate potential easement access, nothing resembling a future road could be found. “You’d literally have to take out tons of trees, grade the soil and bring in asphalt,” Samaan said. “It makes no sense.” Samaan’s clients have offered to spend six figures to develop that road but they also want to continue having access to the current Highway 49 easement, something Samaan said was denied by GDRD. Wilson said he carries a chainsaw and bolt cutters with him because he never knows when a new lock he doesn’t have the combination for will show up on the gate on the easement road. Wilson said in April he tore the gate out entirely. “I don’t know why all of a sudden it was so urgent that they had to go and rip up the district’s property,” asked GRDR attorney Scholar during a May 14 court appearance. “Mr. Wilson has no access other than this access,” argued Samaan. “He’s not trying to intimidate or hurt anybody. He’s trying to use his property; that’s all.” Samann pointed out that according to Section 130.30.090 of the county code, “The placement of gates across county-maintained rights-of-way shall be prohibited.” To put a gate up a permit must be reviewed by the county Department of Transportation and the local fire district, road widths and gate openings must conform to the minimum requirements of Title 14 fire-safe regulations and gates must be equipped with an emergency access lock system approved by the fire department, among other regulations. Before taking the gate down Wilson said he tried his best to resolve the problem peacefully. “They had a cluster of five padlocks locking the gate; I sent emails to Jacqui Brunton, the GDRD general manager, and I said, ‘Please. I’m a new owner here and I want to get along. I will buy a gate; let’s all come together and get one gate. I will build it; I will pay for everything; we just need a keypad to do this — a real legal gate that we’ve got to get a permit for.’ They did not respond to that and I asked twice.” At a June 14 court hearing Judge Dylan Sullivan encouraged the two sides to hit a deal. The mandatory settlement conference is scheduled for July 21 in Department 10 of El Dorado County Superior Court. Scholar and GDRD declined to comment.
MINNESOTA
Statehood: May 11, 1858
“Land of 10,000 Lakes” • Motto: Star of the North • Flower: Lady Slipper • Tree: Norway Pine • Bird: Common Loon • Drink: Milk • Grain: Wild Rice
Award winning, non-profit health center
Primary Care Family Practice General Dentistry Behavioral Health Pharmacy Always accepting new patients. Hablamos Español
On Facebook? Like us! facebook.com/MountainDemocrat Mountain Democrat is on Facebook, sharing breaking news, local stories and community events.
OREGON
“Beaver State”
Statehood: Feb. 11, 1859
• Flower: Oregon Grape • Tree: Douglas Fir • Bird: Western Meadowlark • Animal: American Beaver • Fish: Chinook Salmon
BLE RECHARGEAIDS A HEARING
Enjoy speech on par with normal hearing* with the convenience of rechargeable batteries.
• Nut: Hazelnut
OUR COMPLIMENTARY SERVICES: • Hearing Assessment** & Video Otoscopy • Cleanings, Repairs & Adjustments • 45-Day Risk-Free Trial** • Financing & Flexible Payment Options Available Sandra Danz has been serving the needs of the hearing impaired since 1982. As a California licensed hearing aid dispenser, Sandra brings an unparalleled level of expertise and care to her practice in both Placerville and Folsom. The staff is committed to giving customers the best hearing care possible. If you or a loved one is experiencing hearing loss, call us today!
Sandra Danz
Hearing Aid Dispenser Lic. #HA-5017
nce Most Insurated! Plans Accep *Juul Jensen 2018, Oticon Whitepaper. For people with typical hearing loss and well-fitted hearing aids in noisy situations. **See office for details.
Hearing Aid Center
888.873.9796 Placerville
4340 Golden Center Dr., Suite E
Folsom
750 Oak Avenue Pkwy., Suite 180
WHEN CALLING, MENTION CODE AG60-12
Search “El Dorado” in the app store
Do Business with a Professional You Can Meet in Person ✓ Eliminate Your Mortgage Payments ✓ Receive a Lump Sum, Monthly Payments or a Line of Credit ✓ Have Cash in Your Emergency Account Earns up to 6% to Use as you Like
Drop By or Make an In-Home Appointment - We’ll Come To You!
Garbage, Recycle. & Yard Waste Collection for the Western Slope of El Dorado County
Service Reminders Schedule a Pickup Recycling Information
Call or visit us online to set up services
530.626.4141 ElDoradoDisposal.com
