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Report 2 of 8 · the linchpin documents

🅿️ Easement & Parking

The KEY finding: parking rights come from UNIT OWNERSHIP / CC&Rs — not the easement. The dispute timeline · the August board agenda · the verify-list.

FOUND
Easement + CC&Rs
NO
Parking in easement
CC&Rs
Where parking lives
Aug
Board agenda
12
Units in condo
2007
Doc #19635855
From 10_EASEMENT_PARKING.md (+ 02_HOA_PARKING) · June 23, 2026 · feeds the Property Hub. Not legal advice.
The one truthEasement termsThe dispute Verify listHelps the rezoneFiles
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The one truth to internalizeParking ≠ easement

FOUND IT. The recorded Reciprocal Grant of Easement and the recorded CC&Rs (Declaration, Doc #19635855, recorded 10/31/2007, 65 pp) are both in your files. You are not missing the linchpin document.

The recorded easement says, verbatim: "Parking rights by the dominant tenement are not included in this grant of easement." The easement is an access / ingress-egress / loading-dock right — NOT a parking right.

Your parking right comes from UNIT OWNERSHIP — your undivided interest in the Common Area parking under the CC&Rs (§1.39: Parking Area for owners + their tenants/employees/customers/invitees; §3.2.A: parking of motor vehicles in the Parking Areas). Lead with unit-owner common-area rights on parking; use the easement for access/dock/gate. Conflating them is the mistake that weakens your position.

Walk into August with

(1) the recorded easement, (2) the CC&Rs §1.39 + §8.5 parking language, (3) Scott Cooley's right-of-way history — framed as: "My customers park under my unit's common-area rights; the loading dock sits where it does because of a recorded reciprocal grant that traded a right-of-way to my land for truck/dock access."

Source: 10_EASEMENT_PARKING.md §1.

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The recorded easement — key termsTwo directions + the CC&R parking grant

Instrument: RECIPROCAL GRANT OF EASEMENT · requested by South of Tenth Business Center Unit Owners Assn · prepared by Michael W. Thomas (Roseville) · affects APN 477-21-075 · parties: the Association ↔ the Scott Cooley 1999 Separate Property Trust (your land's chain).

#1 · HOA → your land

  • Vehicular + pedestrian ingress/egress over the entire common parking lot, any business/reasonable purpose
  • Emergency-vehicle access
  • ❗ Parking rights NOT included
  • Cannot be relocated/enlarged; survey 50/50

#2 · your land → HOA

  • Ingress/egress, width of property, 100' from S. 10th St (Exhibit B)
  • Limited parking only in designated spaces
  • ❗ No delivery-truck parking in the area
  • §5 terminable only by mutual agreement; §6 runs with the land; §7 prevailing-party fees

"100 feet vs all common areas" — resolved

The 100' figure is in Exhibit B (Trust→HOA strip). The "entire common area parking lot" is in Exhibit A (HOA→Trust) — your access right runs over the whole HOA common drive/lot, not just a lane. Net: broad access, but not a parking right anywhere, and not the neighborhood/city streets.

Where your PARKING right actually lives — the CC&Rs

  • §1.12 Common Area = all land + improvements, including parking/driveway areas — parking is Common Area.
  • §1.23 Exclusive Use Common Areas = parking spaces designated in the unit deed — check your 477-27-030 deed for assigned spaces.
  • §1.39 Parking Area = Common Area parking for Owners + their tenants/employees/customers/invitees (per §8.5) — this is your right.
  • §3.2.A grants each Unit, as appurtenant, ingress/egress + parking of motor vehicles in the Parking Areas — a second, independent grant tied to unit ownership, not the easement.
  • §3.9 perpetual easements; abandoned only after 4 consecutive years of non-use.

Source: 10_EASEMENT_PARKING.md §1A–1E. Easement recording stamp NOT visible on scan — verify.

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The disputeTimeline + the August agenda item

Lead complainant Jessie Duong (also runs 10th St Cannabis, the "pot club") reopened it June 2026 over the loading dock: she says it belongs on your land, not the HOA's shared lot, and that you "opened 7 spaces for the baseball field" while consuming one shared HOA space. Manager Melanie Ferreira put it on the August board agenda (6/22).

Timeline (document- and email-anchored)

DateEvent
10/31/2007CC&Rs recorded (Doc #19635855); reciprocal easement executed
~Apr 2025First friction — food vendor (4 spaces) promoting the cannabis store; HOA shuts it down
Jun 18, 2025Robert Tang demand letter — trespass/nuisance/zoning; comply by Jul 18
Sep–Oct 2025Jessie's "OFFICIAL and FINAL reminder"; altercations + threats (on video)
Fall 2025Scordelis engaged for this dispute
Jun 17–22, 2026Current loading-dock flare-up → August board agenda

Three live questions

  • May the loading dock sit in the HOA lot at all? (turns on Exhibit B + the RYR dock file)
  • Are the "7 spaces" yours or encroaching? (turns on CC&R §8.5 + whether they're on your land)
  • The unresolved 2025 list — containers, gate, turf in driveway, customer-parking adequacy

Scott Cooley's history (your best framing): the dock/easement was "long ago a trade for a right of way to your lot next door in return for a loading-dock / semi-truck access." Supporting evidence: hundreds of timestamped videos show the lot is not at capacity; Terry Hu confirms the dock tenant won't use it.

Source: 10_EASEMENT_PARKING.md §2 · 02_HOA_PARKING.md.

Verify listBefore the August meeting

1
VERIFY RECORDING of the easement — scan shows signatures but no recorder's stamp/date/doc #. Pull APN 477-21-075 title chain (SCC Recorder) or ask Sarah Whitman / Fidelity (Saratoga). The whole defense leans on it running with the land.
2
Read CC&R §8.5 + Exhibit C for the exact parking-allocation rule (confirm/correct "12–15 spaces per unit").
3
Read LOADING DOCK RYR-37-22-DOC__2.pdf — possible 2nd dock instrument (located, unread).
4
Check your unit deed (477-27-030) for any Exclusive Use assigned spaces (§1.23).
5
Pin Scordelis's written position on dock / "7 spaces" / gate before the meeting.
6
Decide the gate question (it's on your land; verify no easement obligates keeping it open) + reconcile with the City code case so both fixes tell one clean story.

Source: 10_EASEMENT_PARKING.md §4 (Unresolved/Needs Action).

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How it connects to the rezoneParking helps — from the right source

Parking adequacy HELPS the rezone — and it's one of your stronger cards — but only from the right source. The "7 spaces" are, to the City, evidence you're adding capacity, not straining it. The recorded easement is the backbone of the integrated two-parcel site argument (it legally welds 477-21-075 to the HOA building/Common Area).

⚠️ The soft spot

The easement's "no parking in the HOA lot" line means you cannot claim the HOA lot as your land's parking supply. Your land's parking must stand on its own (the spaces you built) + your unit's common-area allotment. Don't overstate the easement as a parking solution in the rezone packet — it's an access solution. The same items (containers, turf, gate, dock) recur in all three fights — resolving them cleanly serves both; sloppily hurts both.

Source: 10_EASEMENT_PARKING.md §3.

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Key filesLocated + flagged

  • Loading Dock : Easement Agreement HOA.pdf — the Reciprocal Grant (3.45 MB scan; Desktop + Drive copies)
  • HOA CCR 10-31-2007.pdf — recorded CC&Rs, Doc #19635855, 65 pp
  • LOADING DOCK RYR-37-22-DOC__2.pdf — possible 2nd dock instrument (located, unread) verify
  • Hoa Easement Zoning Report.pdf — 7/16/2025 strategy report
  • Hundreds of dated parking photos/videos (Sept–Oct 2025); Ring altercation video

🚩 Not found / gaps

  • Recorder's stamp on the easement (verify recording status)
  • Exhibit A & B survey maps (dimensioned drawings not legible in scan)
  • CC&R §8.5 full text + Exhibit C (in the 65-pp file, beyond this pass)
  • Standalone space-assignment agreement — none; allocation lives in §8.5 + the Condominium Plan

Source: 10_EASEMENT_PARKING.md file index + gaps.

🐚 KALI27 · Easement & Parking · from 10_EASEMENT_PARKING.md · read-only · DRAFT.
Unverified: easement recording status · CC&R §8.5 parking allocation · the RYR dock instrument. Verify with Scordelis before acting.