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APPLICATION - APPEAL OF STAFF ACTION SAN JOAOUIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT TO BE COMPLETED BY..THE APPUCANT::PRIOfi:TO PILINO-sTHEAPPI IcATION ` Appellant Informetlon Nnme: Frederick A. Robertson Address: 704 Wimbledon Lane, Livermore, California 94550 Phone: (510)447-6787 Ser'_ ne:c;. .sheet for names o BASiS Ff1 APPEAL Be thorough In your statement,sbecauae only the titldlnq :Nl baa yoLL t•IN hryour appeal atalement will be hroluded In the staffs report to the Planfilny Com Anaen•ddNicrid sh••ta H necesrsry. File number: SA-93— Aclion being appealed: Approval No. 2 Mateo!Statlection:Bv letter March 2, 1994 to Frank Kleckner Stnte the basis of the appeal. List any findings of fact made by the sieff which you feel were wrong and your reasons: Basis: Staff is in grave error by thereby casually taking from citize s, ithout due process, vital rights they've been vested with for years. By ado tin the underscored sentence in 11 of Public Works' Feb. 25, 1994 letter, the Community Development Department has mandated road abandonment for all of Hansen Road south of the northerly right-of-way of the Southern Pacific Railroad. Over the past 3 decades, the ounty has created at least 14 parcels (encompassing perhaps thousands of acres) upon which at least twelve family homes have been erected and occupied most for many years — for which that road is their sole access. A significant, "downstream" portion of that road was evidentl dedicated to the County years ago, and to that extent the road is seen to be a County road. Parcel holders rely upon a combination of privat easements and said dedication to assure their very access to their parcels. Now staff suddenly, and without a semblance of effective List any condition(s)and or findings being appealed and give reasons why you think H should be modified or removed: notice to the parcel holders, has so mandated the road abandonment which they represent to us to entail outright cancellation of that or those dedication(s) . For those of them who have been regularly trav- elling the road long enough, they would be left to the tenuous, pre- carious and litigative basis of asserting prescriptive rights of pas- sage, but it would appear that any new-to-the-scene purchaser would not. Ergo, the resale value of their real property — in which much life' s savings have been invested — seems deplorably to thus have been wiped out. Staff could readily have included in said Condition, before such parcel holders w-re albjected to such risk and trauma of financial ruin that the development-parcel owner grant a private easement, running with the land, to each "upstream" parcel holder so as to preserve bare-bones access. That is a measure to which the Board of Superviso s Cusco I,t; a d d e MWSIGNJ4TUEIEMig .. STAFF USE ONLY:: ` .. int z t?C a }:..a .'i<i.kb Remarks: Date appeal}fled: 3 -/y- (?y it Fee: z 7 S Receipt No: 12- Z 6 Appeal accepted by. GT/t'N -2-