Michael Nagel 10212024
My interest in project AS23-21
at 315 Las Animas Ave, Gilroy
Owner of 9250 Monterey Rd., Gilroy. 10acre parcel. APN: 835-05-009
APN 835-05-009 shares a common border with 315 Las Animas Ave property, is surrounded by other parcels, with the sole Ingress/ egress requiring passing over the Pacific RR (see attached
map)
APN 835-05-009 is effectively land-locked with no clear access. APN 835-05-009 was created in a faulty subdivision by the city / county some 150 years ago
Frequent problems with ingress/ egress resulted in emergency calls to Pacific RR for repair/ maintenance
Faulty subdivision has led to a major safety hazard for residents and potential future businesses which has not been addressed by the City of Gilroy
California Supreme Court – Land-locked cases
California has recognized the issues related to historical faulty subdivision. California law provides an "easement by necessity". Here are some cases:
Reese v. Borghi (1963) This case helped establish the principle that an easement by necessity can be created when a property becomes landlocked due to a conveyance
Murphy v. Burch (2009) This is a more recent case where the California Supreme Court addressed the issue of easements by necessity and clarified some aspects of when they can be granted
Granting an "easement by necessity" is an involved, costly and long process
California Supreme Court clearly recognizes the liability would be borne by the city
The City of Gilroy – liabilities and options for moving forward
Egress / ingress from APN 835-05-009 is a clear hazard which the City of Gilroy needs to address
Lack of addressing this issue creates a safety hazard for current and future residents and businesses and exposes the City of Gilroy to major liability
Incorporating an "easement by necessity" is costly
Option for resolving liability: Placing a requirement on project AS23-21 to provide road access through its property for APN 835-05-009 residents
This approach provides a simple, low effort, low cost for resolving a major City of Gilroy laibility
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