Latest Newsletter
We are pleased to announce the Briones Access Preservation Association has reached a hard-fought settlement that includes the recording of a perpetual trail access easement that will permanently establish recreational access to and from Briones Regional Park over the EBMUD Access Road and a new trail. The Settlement Agreement and Grant of Trail Easement documents will be posted on the BAPA web site (www.BrionesAccess.org) in the near future.
The price was high, but the value of establishing a permanent legal right to access Briones is immeasurable. We need your help both to abide by this historic agreement, and to assist with financial contributions to help cover of the cost of this asset to our home value, families, and community.
In consideration of the property owner Mr. Knarr’s safety and privacy, Mr. Knarr is entitled to install fencing with a pedestrian gate at the bottom of the EBMUD access road with a keypad lock that can be unlocked with a pass code. The pass code will be made available to all BAPA members and neighbors. The initial code and any subsequent changes will be emailed to BAPA members and also will be made available on the BAPA web site. The negotiated hours of entry will be 6:30 AM to 7:30 PM April-October, and 7:00 AM to 5:00 PM November-March.
The new trail begins ¾ up the EBMUD access road and connects into Briones at the Spengler Trail. See the map to further clarify the route. A directional sign will be posted. There will also soon be an unlocked pedestrian gate installed at the Park boundary. The new rough trail will be improved by the Park and BAPA volunteers over time.
PLEASE RESPECT MR KNARR'S PRIVACY BEYOND THE NEW TRAILHEAD (see blue arrow)
Many of you have been reluctant to use the EBMUD access road during the past three years of litigation. It is now forever legal to use this access road to Briones. Until the new gate at the bottom of EBMUD road is completed you can step around the old lower gate or scramble up the steep dirt path where the old steps were located.
This hard fought victory came at a tremendous cost. We were ably represented by our friend and neighbor, attorney Drew Bassak and his law firm Hanson Bridgett, LLP. Despite our attorney Drew’s arranging for discounted rates, reducing the amount of many of his invoices, and contributing many hours of his time pro bono, three years of intense litigation unfortunately cost $475,000 in attorneys’ fees and costs. BAPA members and neighbors have previously contributed almost $110,000, and Marc and Marilyn Kaplan have graciously advanced the remaining amount needed to achieve success for all of us. There have not been any formal additional requests for donations over the past 18 months as the settlement appeared to be in jeopardy at times and was not assured. Now success has been achieved!!
The Kaplans have unquestioned interest in establishing permanent access to Briones from Echo Springs Road as they hike into the park every day. But the reality is that Marc is 80 years old. The true value of this settlement is the benefit to everyone in the neighborhood of having access to Briones Park in perpetuity, even if Mr. Knarr sells his property. Why would an 80 year old and his wife fight so hard for this victory? In Marc’s words: “In this chaotic and disconcerting world, having walking access to the serenity and beauty of Briones is a gift that provides physical and spiritual well being. We all should regularly take advantage of this great neighborhood escape and we will all be better off for it.”
On behalf of the Kaplans, we are renewing our request for monetary contributions towards this neighborhood benefiting effort and its success. In renewing our request, all donations of any amount will be appreciated and the Kaplans hope that those BAPA members and neighbors who truly appreciate the gift of recreational access to Briones for our neighborhood forever will give as generously as their capacity allows in recognition of the cost to reach a settlement. Local realtors agree that the existence of our neighborhood access to Briones adds real value to our homes. To put the amount of your donation into perspective, is access to Briones in perpetuity worth the cost of a two- week vacation? We hope you will agree with the Kaplans that the answer is YES !!
TO CONTRIBUTE:
VENMO - BrionesAccessPA
ZELLE – 925-899-1958
Check to Marc Kaplan 3450 Shangri La Rd. 94549
Mr. Knarr requests a standing BAPA committee with whom he can communicate any problems or gate code changes.
Our initial committee members are:
Eric Fromer (eric.fromer@kp.org) 707-656-6859
Eric Fairbanks (efairbanks@gmail.com) 714-404-2176
Marc Kaplan (marcpk@aol.com) 925-899-1958
Drew Bassak (drewbassak@gmail.com) 510-407-3842
Any and all are welcome to join this committee.
We owe this victory for the contributions in time, energy and money to the following: Marc Kaplan, Pam Palitz and Rick Biro for accepting the role of plaintiffs in our original lawsuit. Marc, as well as financial support, has spent three years litigating this case with our attorney and neighbor Drew Bassak. Eric Fromer, Eric and Jen Fairbanks and Doug Frisbie for their work producing BAPA newsletters, our web page and with Marc and Rick constructed the new trail. They have also provided incredible support and advice during this trying period. Those BAPA members who provided initial financial contributions recognizing the value of our Briones access and having faith in the potential success of our lawsuit.
We hope you will add donations now that our hard work has paid off with SUCCESS.
BRIONES ACCESS PRESERVATION ASSOCIATION committee
Eric Fromer, Eric Fairbanks, Doug Frisbie, Marc Kaplan, Rick Biro, Pam Palitz
Previous Updates
Tentative Settlement Agreement
Request for Witness Information
Motion for Summary Adjudication Filed - December 2023
Critical September Action - September 2023
BAPA’s Next Step - December 2022
Preliminary Injunction GRANTED - December 2022
Important Update on Today’s Hearing - December 2022
Court Update on Preliminary Injunction - October 2022
The Battle for Briones Access is Heating Up - October 2022
Breaking News: BAPA Restores Our Access in Court - October 2022