Blanco v. Cargasacchi CA2/6

Filed 1/12/24 Blanco v. Cargasacchi CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

HENRY BLANCO, 2d Civil No. B324397 (Super. Ct. No. 17CV04672) Plaintiff and Appellant, (Santa Barbara County)

v.

GIOVANNI CARGASACCHI, Individually and as Trustee, etc., et al.,

Defendants and Respondents.

Henry Blanco appeals from the judgment after the trial court concluded he must comply with the terms of a memorandum signed in 1990 (the 1990 memorandum) before securing permits necessary for completing the construction of a residence in the Lakeview Estates development of the Santa Ynez Valley. He contends the court erred in finding that the 1990 memorandum terminated an easement granted in 1968 to his predecessor-in-interest (the 1968 easement). He also

contends the court erred in finding that he could not improve an existing road that runs over the 1968 easement, requiring him instead to construct a new road to secure his desired permits per the terms of the 1990 memorandum. And lastly, Blanco claims the court’s findings amount to an unconstitutional taking. We affirm. FACTUAL AND PROCEDURAL HISTORY In 1968, a previous owner of Blanco’s property recorded “[a]n easement and right-of-way . . . for road purposes[] on, over[,] and across a strip of land” owned by the Cargasacchi family.1 Nineteen years later, the Cargasacchis and Lakeview Estates landowners signed a document specifying that the 1968 easement was 30 feet wide and available for all Lakeview Estates landowners to use (the 1987 clarification). The clarification also reaffirmed the terms of the 1968 easement: “Except as expressly clarified and expanded herein, all terms, conditions[,] and stipulations of [the 1968 easement] shall remain in full force and effect and are hereby confirmed as such.” In 1990, the Cargasacchis, Lakeview Estates landowners, and owners of an adjacent plot of land, Rancho Dos Mundos, signed the 1990 memorandum. This memorandum specified the location of a 30-foot-wide easement across the Cargasacchis’ land, and required Lakeview Estates and Rancho Dos Mundos landowners to “release all other easements or other rights that lie outside [the 1990] easement, and . . . release and quitclaim all