90s groups?

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.

Mountain Democrat photos by Thomas Frey

Easement Continued from A1

otherwise use someone else’s land for a specifi ed 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 fi led 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 identifi ed 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 o ered 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 o er.

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 e ort got o 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 Pacifi c Railroad would run nearby and travelers would make good use of the 22-rooms — but the railroad took a di erent 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 tra c 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 signifi cant and substantial increase in the use of the dirt road both in the number of trips and the size of 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 su cient for all purposes to provide access, utilities and other services..”

Samaan said GDRD suggested an easement o 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 o ered to spend six fi gures 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 fi re district, road widths and gate openings must conform to the minimum requirements of Title 14 fi re-safe regulations and gates must be equipped with an emergency access lock system approved by the fi re 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 fi ve 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.

RECHARGEABLE HEARING AIDS

Enjoy speech on par with normal hearing* with the convenience of rechargeable batteries.

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 impaired since 1982. As a California licensed hearing aid dispenser, Sandra brings an unparalleled level of expertise dispenser, Sandra brings an unparalleled level of expertise and care to her practice in both Placerville and Folsom. 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

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!

• Flower: Golden Poppy • Tree: California

Redwood

• Bird: California Valley

Quail

• Animal: California

Grizzly Bear

Daycare and Preschool

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 2020 education.

5130 Golden Foothill Pkwy. | El Dorado Hills 916-521-1835 | www.thegiftofkids.net

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

Statehood: Feb. 11, 1859

“Beaver State”

• Flower: Oregon Grape • Tree: Douglas Fir • Bird: Western

Meadowlark

• Animal: American

Beaver

• Fish: Chinook Salmon

• Nut: Hazelnut

Search “El Dorado” in the app store

Garbage, Recycle. & Yard Waste Collection for the Western Slope of El Dorado County

Service Reminders Schedule a Pickup Schedule a Pickup Recycling Information Recycling Information

Call or visit us online to set up services