Scheinman

I concur. In deciding whether the comprehensive language in the deed from the Colodnys to the State of California of February 23, 1949, to the effect that the grantors conveyed “any and all abuttor’s rights of access” appurtenant to the grantors’ remaining property in and to the Ventura Expressway, 1 shall be given full and literal effect *187 and that such language thereby transferred to the State the right of indirect access to said expressway via Lewis Road (which this corner parcel so conveyed also abutted), one must consider not merely this deed but also the other relevant parts of the entire transaction by which the State of California in 1949 acquired access rights to that State highway in the area involved. I refer to certain language in the July 26, 1949 deed from the State to the Colodnys and to the status of Lewis Road under the freeway agreement of September 20, 1949, between the State and the County of Los Angeles.

To me the language of the exception and reservation in the just-mentioned July 1949 deed conveying from the State to the Colodnys certain abutting property lying immediately south of the land conveyed in the above mentioned February deed is extremely…

On this appeal from a judgment in an action in eminent domain the question to be resolved is whether the trial court properly determined that the parcel of land being condemned enjoyed legal rights of access in and to the Ventura Freeway 1 from Lewis Road. The property was located at the southeast corner of Lewis Road and the Ventura Expressway 2 in the community of Agoura and was improved with an automobile service station and a café which had been in operation since 1958.

A freeway agreement dated September 20, 1949, was entered into by and between the State of California and the County of Los Angeles. Therein it was recited that the California Highway Commission had adopted a resolution on April 18, 1946, declaring the section of State Highway VII-LA-2-C in the County of Los Angeles between Woodlake Avenue in the City of Los Angeles and the Los Angeles-Ventura County Line to be a freeway. In that document the county agreed and consented to the closing of county highways, the relocation of county highways, and other construction affecting county highways, all as shown by maps attached to the agreement and made a part thereof. 3 One of those maps *183 showed that Lewis Road…