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L RICHARD G. HYPPA RECIEVED ATTORNEYATLAW JUL 3 1 2006 TRACY LAW CENTER Community Development Dept. 120 E. 12th STREET TRACY,CA 95376 Telephone 209)836-9288 LFacsimile 209)836-9289 E-mail:HYPPATTRNY@AOL.COM July 28, 2006 LWchael Clevenger Pegasus Development L 4900 Hopyard Rd. Ste 202 Pleasanton, CA 94588 LRe: Our client: Ricardo Esquivel San Joaquin County Real Property A.P.N. 209-070-42 and 09911-7650-011 and Ladjoining Alameda County Real Property LDear Mr. Clevenger: This office represents Ricardo Esquivel in regard to certain property located in San Joaquin L and Alameda counties as described above. I have reviewed a Tentative Map which your company submitted to the San Joaquin County Community Development Department for development of the property east of the above-described property, which includes 3 notations that the road located on the L prior Alameda-San Joaquin counties border line is"Assumed to Be Abandoned" This statement is false, and must be corrected. Mr. Esquivel has used that road on a regular basis for the last 3 years in order to inspect the property which he purchased, and he intends to continue using that road for Laccess and egress to his property. We believe that you have been aware of Mr. Esquivel's use of this road and that your L statement, on the Tentative Map, was provided to the San Joaquin County Community Development Department in order to deceive them to believe that the road had been abandoned. LWe hereby request that you instruct your engineering firm, Siegfried Engineering, to submit a revised Tentative Map in order to correct this inaccurate information. By copy of this letter to San Joaquin County Community Development Department, we are advising them of this error on your LTentative Map. In addition, the Tentative Map that you submitted shows that the western boundary line of Lthe Altamont Heights development will lie along the old county boundary line, in the middle of the road. This is impermissible, as it interferes with the use of the road and with Mr. Esquivel's rights of L ingress and egress upon the road. Pegasus Development has installed stakes at the westem edge of the 30 foot wide road, indicating that grading will be done over the entire road if the Tentative Map is approved. No such grading can be done on the road. Mr. Esquivel owns an easement over the road, Las reflected on his Grant Deed. We hereby request that you cease and desist from any and all action to L