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w KIER t WRIGHT Civil Engineers E Surveyors, Inc. We will assume, for the purposes of this discussion, that the illustration of"Canyon Avenue" on this map was an easement for "roadway" purposes for the benefit of the lots in the subdivision. There are many components to a'roadway". In 1894 there most likely would have been a raised narrow dirt or gravel roadbed with drainage ditches on both sides. There would have been culverts at the low spots. possibly trees to shade the travelers, fences to keep livestock out of the roadway and possibly signs to direct the travelers. None of these "roadway" appurtenances would have prevented the users of the casement from enjoying the benefit of their right to travel the roadway. One must understand that an easement is a right for a specific purpose over the lands of a burdened party that benefits a second party. The existence of an easement does not prevent the owner of the land ruin using his property for any purpose that does not prevent the holder of the easement from enjoying the easement for the purpose intended. In the case we are discussing this would not have been a right that was specifically defined in scope and this easement would not be exclusive to any one property owner or their successors in interest. The existence in 1894 of the ditches, signs. trees. culverts. other necessary roadway appurtenances and even partial cultivation of the easement area. • would not have stopped the parties from enjoying their"roadway" • In the modern world. traffic and safety considerations have necessitated a change in the way roadways are designed. There must be pavement to create an all weather driving surface free from dust and mud,curbs and gutters to control the flow of rainwater and to channel traffic. median islands to increase traffic safety. sidewalks to provide safe access for pedestrians and school children, street lights and signals to increase neighborhood safety, traffic signage. storm drain systems to provide for sub-surface drainage. bioswales for storm water treatment. utility lines to serve the neighborhoods. sound walls to mitigate traffic noise, landscaping to provide for an enhanced neighborhood experience. street trees to minimise the visual impact of the roadway on the houses and many other items that are necessary for a modern safe City street. In modern subdivisions and connector streets it is common far these items to he located in the public right of way or in private street easements in cases where the neighborhood has the obligation to maintain the roadways rather than the public. None of these modern items would prevent the holder of a "roadway" easement from enjoying his right to traverse the paved portion of the road. In our experience. most people prefer these amenities along the roads in their neighborhoods and would resist the idea of a full width, wall to wall. gravel or • paved 58' wide strip of asphalt in front of their house. A roadway easement is not typically intended to be an "open space''easement or a"view"easement it simply would he a non-exclusive right to pass through a portion of the lands of another over a road. street or avenue that is comprised of the driving surface itself and the other components that together complete the roadway whether modern or ancient. 4) Proposed Cameron Avenue Dedication by Pondersosa In order to better understand this situation one must remember that an easement is a right fix a specific purpose. which in this face is the right to use an ancient non-exclusive easement for roadway purposes. As there is no exclusivity to this easement the owner of the land has the ability to grant access rights to others as he wishes including dedicating the roadway to the public. This grant of additional rights will not affect the existing private easement holders from exercising their easement rights. The roadway alignment that is proposed for Tract 7721 appears to he either the same width or wider than the existing roadway and the curvilinear geometry will perhaps, serve to provide sonic traffic calming. It is interesting to note that on the north side of the street the edge of the roadway is actually located further north than its current location. 2850 Collier Canyon Road, Livermore, California 94551 (925) 245-8788 • FAX (925) 245-8796