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3/4/22, 5:45 PM Gmail - 135 Whalebone Gulch Rd.
Sequoia Evleshin
135 Whalebone Gulch Rd.
8 messages
Sequoia Evleshin Thu, Apr 8, 2021 at 1:49 PM
To: forestview@pacbell.net
Cc: Nicole Evleshin
Mr. Stephen Meyers,
Good afternoon.
I along with my wife purchased your home at 135 Whalebone Gulch Rd. in 2019. It has recently come to our attention that
you intend to log my and wife's property. Is this correct? If it is correct can you forward the contract which was formed
between you and the forrester please?
Also, Joseph Mosko claims that he has an easement on 135 Whalebone Gulch. Do you know anything about this?
Thanks in advance for your assistance and clarification.
Very Respectfully,
Sequoia Evleshin
Steve Meyer Sun, Apr 11, 2021 at 1:19 PM
To: Sequoia Evleshin
Cc: Nicole Evleshin
Dear Sequoia Evleshin,
Yes, we intend to log as per the prevision in the 135 Whalebone Gulch property sales contract,
we all signed. Forester James Hildreth of Hildreth Forestry Consulting is managing the tree
harvesting project. I cannot give you a copy of the contract without the permission of all the
signers. However, before the permits are issued you and others living in the area will be notified
and given an opportunity to review the proposed logging plan.
About the easement, for the 30 years we owned the property, we honored the right of way in the
deed recorded, 2/17/1970, in book 2003, page 16, in the official record of Santa Cruz County,
which gives the owners of the lots above the house and below the right to access their property.
To build the house, I had to have that right of way defined in survey terms and recorded by the
county on the two lots the road passes through to get to the house. This was done in 1990. I have
attached a copy of the recorded easement document for one of the lots you drive through to get to
your house. By the way, that 1970 document also gives you the right to use the road to access
your property touching the road above your house.
Sincerely,
Stephen Meyer
[Quoted text hidden]
Easement 1990 Discription.pdf
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3/4/22, 5:45 PM Gmail - 135 Whalebone Gulch Rd.
Sequoia Evleshin Tue, Apr 13, 2021 at 11:00 AM
To: Steve Meyer
Cc: Nicole Evleshin
Stephen,
Good morning. I hope that your day is off to a great start. Thank you for your recent email. The information and
clarifications are much appreciated.
Thanks for providing information about the proposed logging. Can you request a copy of the contract so that I may review
it please? Just out of curiosity, when was the contract signed?
Thanks for the information regarding the easement. If I am understanding you correctly, you are saying that you bought
your parcel from Joseph Mosko. At the time you bought it Mr. Mosko also owned the parcel which is now the driveway
and the parcel immediately adjacent to it. When you purchased the property Mr. Mosko provided you a right of way for the
driveway but that right of way also incorporated a grant deed recorded on 2/17/1970, in book 2003, page 16. The grant
deed provides the Mosko's and other owners of the property above what was then your parcel a right of way through your
parcel to their parcels. You are also saying that Mr. Mosko and/or other parcel owners own the grant deed recorded on
2/17/1970, in book 2003, page 16 which is providing them the right of way. If that isn't correct please let me know.
Can you clarify the following: "To build the house, I had to have that right of way defined in survey terms and recorded by
the county on the two lots the road passes through to get to the house. This was done in 1990." It sounds like you only
had the driveway surveyed. Did you ever have the grant deed recorded on 2/17/1970, in book 2003, page 16 surveyed?
Very Truly Yours,
Sequoia Evleshin
[Quoted text hidden]
Steve Meyer Tue, Apr 20, 2021 at 5:32 AM
To: Sequoia Evleshin
Cc: Nicole Evleshin
Hi Sequoia,
I'm out of state visiting family, and I do not have access to my boxed files at home, but I will try to answer
your questions to the best of my recall.
First, the logging contract is proprietary, and as one party of the logging association, I am not at liberty to
disclose the contract or any details within the contract.
Secondly, the road, I was referring to in the previous email, is the road that crosses two lots to get to your
house. It continues on up the hill through your property and through the parcels next to your lot above your
house. The part of the road easement that runs through those neighboring lots loops back onto your property
giving you vehicular access to your property near the top of your lot.
Thirdly, to clarify your understanding, I did not buy the property you own now from Joseph Mosko. The
attachment included in my previous email is a copy of the recorded document describing in survey terms the
easement from the entrance at Bear Creek Road to where it enters the second lot that touches your lot.
Documents associated with yours and other neighbors’ properties are public documents and can be found by
searching the County records.
Fourthly, the easement, for the road described above, granted by the document recorded on 2/17/1970, in
book 2003, page 16 in the official records of Santa Cruz County granted ingress/egress and utilities
easements on existing roads. The two owners of the properties you drive on to reach your house willingly
000211
002
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3/4/22, 5:45 PM Gmail - 135 Whalebone Gulch Rd.
consented to having a surveyed description of the easement added to their deed records to define in survey
terms the 1970 road/easement so my wife, Karin, and I could build the Whalebone house.
Lastly, the logging has been delayed a year because of the fires and COVID. The thinning out of the trees
and underbrush as a result of the logging will be beneficial to you in protecting your home from fire
especially this year because of the lack of normal rainfall. Cooperating with the forester by allowing access
to your property for his workers and equipment to complete the logging project, as you agreed to in the sales
contract, will be in the best interest of all of us.
Sincerely,
Stephen
[Quoted text hidden]
Steve Meyer Fri, May 14, 2021 at 5:38 PM
To: Sequoia Evleshin
Cc: Nicole Evleshin
Hi Sequoia,
I have not heard from you since my last email to you sent on April 20, 2021. We expect you to
honor the contract you signed. Therefore, I will be informing the forester to complete the logging
plan and the logging itself in the months to come.
Sincerely,
Stephen
[Quoted text hidden]
Sequoia Evleshin Sat, May 15, 2021 at 3:01 PM
To: Steve Meyer
Cc: Nicole Evleshin
Steve,
Good afternoon. I trust and hope that your recent trip was enjoyable. I apologize for the delay in responding. Due to the
complex nature of the factual and legal issues involved in our discussions it has taken some time to formulate a response.
Furthermore, I recently had surgery and have been recovering from that procedure.
Unfortunately, it appears that we are at an impasse. I don't think it will serve any useful purpose to respond point-by-point
with my logical and legal disagreements to your email of 4/20/21. Suffice it to say, I disagree with almost every point in
your email. It's disappointing that you have taken the unreasonable position of failing to provide the information which I
requested when my questions were directed to your personal knowledge and documents to which you have a legal right.
At this time we are demanding mediation as required by the standard purchase agreement executed by all parties to the
purchase and sale of the property. Please see the attached letter which details the items which we would like mediated.
Your failure to respond within 16 days of this letter, by 5/31/21, will be viewed as a waiver of the mediation provisions of
the purchase agreement.
If you have any questions please feel free to write or call.
Very Truly Yours,
Sequoia
[Quoted text hidden]
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3/4/22, 5:45 PM Gmail - 135 Whalebone Gulch Rd. Sequoia Evleshin 135 Whalebone Gulch Rd. 8 messages Sequoia Evleshin Thu, Apr 8, 2021 at 1:49 PM To: forestview@pacbell.net Cc: Nicole Evleshin Mr. Stephen Meyers, Good afternoon. I along with my wife purchased your home at 135 Whalebone Gulch Rd. in 2019. It has recently come to our attention that you intend to log my and wife's property. Is this correct? If it is correct can you forward the contract which was formed between you and the forrester please? Also, Joseph Mosko claims that he has an easement on 135 Whalebone Gulch. Do you know anything about this? Thanks in advance for your assistance and clarification. Very Respectfully, Sequoia Evleshin Steve Meyer Sun, Apr 11, 2021 at 1:19 PM To: Sequoia Evleshin Cc: Nicole Evleshin Dear Sequoia Evleshin, Yes, we intend to log as per the prevision in the 135 Whalebone Gulch property sales contract, we all signed. Forester James Hildreth of Hildreth Forestry Consulting is managing the tree harvesting project. I cannot give you a copy of the contract without the permission of all the signers. However, before the permits are issued you and others living in the area will be notified and given an opportunity to review the proposed logging plan. About the easement, for the 30 years we owned the property, we honored the right of way in the deed recorded, 2/17/1970, in book 2003, page 16, in the official record of Santa Cruz County, which gives the owners of the lots above the house and below the right to access their property. To build the house, I had to have that right of way defined in survey terms and recorded by the county on the two lots the road passes through to get to the house. This was done in 1990. I have attached a copy of the recorded easement document for one of the lots you drive through to get to your house. By the way, that 1970 document also gives you the right to use the road to access your property touching the road above your house. Sincerely, Stephen Meyer [Quoted text hidden] Easement 1990 Discription.pdf 1714K 000210 001 https://mail.google.com/mail/u/0/?ik=36a572aa90&view=pt&search=all&permthid=thread-a%3Ar1764732974160048731&simpl=msg-a%3Ar17663854… 1/4 3/4/22, 5:45 PM Gmail - 135 Whalebone Gulch Rd. Sequoia Evleshin Tue, Apr 13, 2021 at 11:00 AM To: Steve Meyer Cc: Nicole Evleshin Stephen, Good morning. I hope that your day is off to a great start. Thank you for your recent email. The information and clarifications are much appreciated. Thanks for providing information about the proposed logging. Can you request a copy of the contract so that I may review it please? Just out of curiosity, when was the contract signed? Thanks for the information regarding the easement. If I am understanding you correctly, you are saying that you bought your parcel from Joseph Mosko. At the time you bought it Mr. Mosko also owned the parcel which is now the driveway and the parcel immediately adjacent to it. When you purchased the property Mr. Mosko provided you a right of way for the driveway but that right of way also incorporated a grant deed recorded on 2/17/1970, in book 2003, page 16. The grant deed provides the Mosko's and other owners of the property above what was then your parcel a right of way through your parcel to their parcels. You are also saying that Mr. Mosko and/or other parcel owners own the grant deed recorded on 2/17/1970, in book 2003, page 16 which is providing them the right of way. If that isn't correct please let me know. Can you clarify the following: "To build the house, I had to have that right of way defined in survey terms and recorded by the county on the two lots the road passes through to get to the house. This was done in 1990." It sounds like you only had the driveway surveyed. Did you ever have the grant deed recorded on 2/17/1970, in book 2003, page 16 surveyed? Very Truly Yours, Sequoia Evleshin [Quoted text hidden] Steve Meyer Tue, Apr 20, 2021 at 5:32 AM To: Sequoia Evleshin Cc: Nicole Evleshin Hi Sequoia, I'm out of state visiting family, and I do not have access to my boxed files at home, but I will try to answer your questions to the best of my recall. First, the logging contract is proprietary, and as one party of the logging association, I am not at liberty to disclose the contract or any details within the contract. Secondly, the road, I was referring to in the previous email, is the road that crosses two lots to get to your house. It continues on up the hill through your property and through the parcels next to your lot above your house. The part of the road easement that runs through those neighboring lots loops back onto your property giving you vehicular access to your property near the top of your lot. Thirdly, to clarify your understanding, I did not buy the property you own now from Joseph Mosko. The attachment included in my previous email is a copy of the recorded document describing in survey terms the easement from the entrance at Bear Creek Road to where it enters the second lot that touches your lot. Documents associated with yours and other neighbors’ properties are public documents and can be found by searching the County records. Fourthly, the easement, for the road described above, granted by the document recorded on 2/17/1970, in book 2003, page 16 in the official records of Santa Cruz County granted ingress/egress and utilities easements on existing roads. The two owners of the properties you drive on to reach your house willingly 000211 002 https://mail.google.com/mail/u/0/?ik=36a572aa90&view=pt&search=all&permthid=thread-a%3Ar1764732974160048731&simpl=msg-a%3Ar17663854… 2/4 3/4/22, 5:45 PM Gmail - 135 Whalebone Gulch Rd. consented to having a surveyed description of the easement added to their deed records to define in survey terms the 1970 road/easement so my wife, Karin, and I could build the Whalebone house. Lastly, the logging has been delayed a year because of the fires and COVID. The thinning out of the trees and underbrush as a result of the logging will be beneficial to you in protecting your home from fire especially this year because of the lack of normal rainfall. Cooperating with the forester by allowing access to your property for his workers and equipment to complete the logging project, as you agreed to in the sales contract, will be in the best interest of all of us. Sincerely, Stephen [Quoted text hidden] Steve Meyer Fri, May 14, 2021 at 5:38 PM To: Sequoia Evleshin Cc: Nicole Evleshin Hi Sequoia, I have not heard from you since my last email to you sent on April 20, 2021. We expect you to honor the contract you signed. Therefore, I will be informing the forester to complete the logging plan and the logging itself in the months to come. Sincerely, Stephen [Quoted text hidden] Sequoia Evleshin Sat, May 15, 2021 at 3:01 PM To: Steve Meyer Cc: Nicole Evleshin Steve, Good afternoon. I trust and hope that your recent trip was enjoyable. I apologize for the delay in responding. Due to the complex nature of the factual and legal issues involved in our discussions it has taken some time to formulate a response. Furthermore, I recently had surgery and have been recovering from that procedure. Unfortunately, it appears that we are at an impasse. I don't think it will serve any useful purpose to respond point-by-point with my logical and legal disagreements to your email of 4/20/21. Suffice it to say, I disagree with almost every point in your email. It's disappointing that you have taken the unreasonable position of failing to provide the information which I requested when my questions were directed to your personal knowledge and documents to which you have a legal right. At this time we are demanding mediation as required by the standard purchase agreement executed by all parties to the purchase and sale of the property. Please see the attached letter which details the items which we would like mediated. Your failure to respond within 16 days of this letter, by 5/31/21, will be viewed as a waiver of the mediation provisions of the purchase agreement. If you have any questions please feel free to write or call. Very Truly Yours, Sequoia [Quoted text hidden] 000212 003 https://mail.google.com/mail/u/0/?ik=36a572aa90&view=pt&search=all&permthid=thread-a%3Ar1764732974160048731&simpl=msg-a%3Ar17663854… 3/4