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Home My WebLink About99-96 S83•LIpoi\Sea\LIFT\£ x1ai3 AgTO • ZSaIIV aoAp :Ag '9661 ' zequiaAoM 30 APP 1140z sTgq aamaoav QMY Q38SVd 'V gTgTuxa Sp pagopgga sT upT11M 30 Adoo p 'Aemqqad .zo3 quauzaspg aopdS uado 3o qup.z0 atg agnoaxa oq pagoa.Tp pup pazTaougnp Agaaag sT .zoApw agg pup oquT .zaqua Halle sIITH sogfl soZ 3o uMoy 9111 'Z •°TTgnd et•Iq 3o 3Tauaq uo q off 3o spupZ uo Aemugpd .zo3 quauzaspa aopds uado 3o guaab a11g sgd9Oop Aga.zau uIo1 auq 3o TTounop AgTD 9111 •T :sMoTTo3 SP aL IOSall seop u!o1 alp 3o TTouno3 AgTO atm. 'SuO3a ISH1 'MON •Apzugpd .io3 guauiaspa ods uado jo queab gpgq pa.IapTsuoo pup ppaa spu uMo1 91.14 3o ITounop ATM 9g4 'SVSUaHM pup :auaZ TTT114003 ETTZT qp uzagg Aq pauzo A4.zado.zd 'pea auq sso.zop pup '.zano 'uo (11uMb1i1 agq) sTITH sogTy soZ 3o uMo1 agg oq Aemugpd .zo3 qu9ui9sp9 aouds uado up gup zb oq paaa33o anpq HZO2I *0 N1 2 Pup HLOU 'I NOIII M 'SKgdaHM MOH aio SCUM NO AKMNIVd 2103 SNSK3SVs 3OKdS N3d0 fIO ZNV ID JNISd3OM STIIH SOS'IK SO'I SIO NMOL sxs . O 'IIONAOo MID SHS ao MOIsn'Ios32I 96-66 'OK MOISA'IOB U 111 • �' _ f T• Fees: 8 13544296 1 / Pages:DOCUMENT:- I Fees. . No Fees This Document is Recorded ' TaxesTitles. . . For the Benefit of the Town of Los Altos Hills \ Copies. . And is Exempt from Fee eeissaazss AMT PAID Per Government Code Sections 6103 and 27383 I RDE # 012 BRENDA DAVIS 12/06/1996 When Recorded, Mail to: SANTA CLARA COUNTY RECORDER 8:52 AM • Town of Los Altos Hills Recorded at the request of 26379 Fremont Road City Los Altos Hills, CA 94022 Attention: City Clerk GRANT OF OPEN SPACE EASEMENT FOR PATHWAY This Grant of Open Space Easement for Pathway ("Agreement") is made and entered into this 20th day of November , 1996, by and between WALTON T. ROTH and JEAN C. ROTH, as joint tenants, ("Owner") and the TOWN OF LOS ALTOS HILLS, a municipal corporation, ("Town") . RECITALS A. Owner is the owner of certain real property located in the Town, which real property is commonly known as 12113 Foothill Lane and is more particularly described on Exhibit A attached hereto (the "Property") . B. Town has adopted a General Plan and pursuant thereto may accept grants of openspace easements on privately owned lands lying within the Town. C. Town finds the easements granted herein to be consistent with the Town's General Plan. D. Owner desires to grant to Town, and Town desires to accept, a nonexclusive easement on, over, and across a portion of the Property for open space purposes, including, without limitation, pedestrian, bicycle, and equestrian purposes, together with the right of ingress and egress, thereto. Photographic image may be poor due to condition of original document. 1 3\lah\re\roth.ge . • 111 NOW, THEREFORE, the parties, in consideration of the mutual covenants and conditions set forth herein and the substantial public benefits to be derived therefrom, do hereby agree as follows: 1. Grant of Open Space Easement. Owner, as grantor, hereby grants to the Town an open space easement for pathway purposes, which shall include, without limitation, pedestrian, bicycle, and equestrian access and use, together with the right of ingress and egress thereto, on, over, and across those portions of the Property as shown on Exhibit B attached hereto (the "Easement") , to have and to hold said Easement for the term and for the purposes and subject to the conditions, covenants and restrictions contained herein. 2. Construction of Pathway Facilities. The Town shall have the right, but not the obligation, to construct a pathway and any improvements incidental thereto within the Easement ("Pathway Facilities") . Any costs or expenses incurred in connection with constructing the Pathway Facilities shall be paid by the Town. Owner shall incur no liability in connection with the construction of the Pathway Facilities. 3. Maintenance of Pathway Facilities. The Town shall maintain the Easement and the Pathway Facilities in good condition and repair. Any costs or expenses incurred in connection with any such maintenance or repair work shall be paid by the Town. Owner shall incur no liability in connection with any maintenance or repair work performed on the Easements or the Pathway Facilities except to the extent any such maintenance or repair work is required as a result of any intentional or willful misconduct of Owner. 4. Restriction on Use of Easement. During the term of this Agreement, the Easement shall not be used for any purpose other than as an open space easement, including those uses described in Section 1 above. Owner, for the direct benefit of the public and the Owner, hereby declares that the , Easement shall be subject to the following restrictive covenants that shall run with the land and shall be binding upon all subsequent owners of the Property: a. No buildings, structures, or improvements, including any fences, shall be constructed on or within the Easement except 2 3\lah\re\roth.ge 411 s as necessary in connection with any public or private utility easement dedicated to the Town, provided these reserved exceptions shall be consistent with the purposes of law and shall not permit. any action which will be incompatible with maintaining and preserving the natural or scenic character of the land; b. No natural resources shall be extracted from the Easement nor shall other activities be allowed or conducted on the Easement which may destroy the unique physical and scenic characteristic of the land or interfere with the Pathway Facilities; c. No grading of the Easement shall be allowed other than in connection with the construction, repair, and maintenance of the Pathway Facilities or as necessary in connection with other permitted uses; and d. No landscaping or planting of any kind by Owners shall be allowed within the Easement. The Town shall have the right to cut, trim, remove, or thin any vegetation or growth located within or adjacent to the Easement and the Town, at its sole cost and expense, shall have the right to plant or install additional landscaping as the Town deems necessary. The City Council of the Town may authorize exceptions to the foregoing restrictive covenants, provided such exceptions are consistent with the purposes of law and not incompatible with maintaining and preserving the natural character of the land. 5. Statutory Authorization. This Agreement and the grant of the above Easement is entered into pursuant to Civil Code section 815 et seq. This Agreement is subject to all of the provisions of said sections including any amendments thereto which may hereafter be enacted. In addition, this Agreement is expressly intended to qualify as an "open space easement" for the purposes of Revenue and Taxation Code sections 421 through 430.5. 6. Term of Agreement. This Agreement shall be effective on the date of recordation and shall remain in effect in perpetuity. 7. Successors in Interest. This Agreement and the open space easement granted herein shall run with the Property and shall 3 3\lah\re\roth.ge . S • be binding upon and inure to the benefit of the heirs, successors, and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. OWNER WALTON T. ROTH Date: ,/l— I , 1996e. J AN C. ROTH TOWN OF LO A�S 1. L �_ _ �- _ . Its: Mayor ( -\; ATTEST: City Clerk APPROVED AS TO FORM: ./\./ ..) ity Itorney 4 3\lah\re\roth.ge • All it STATE OF CALIFORNIA ) ) ss: COUNTY OF 2v7QCL 4ff4 ) On /40, , 1996, before me, the undersigned Notary Public, personally appeared WALTON T. ROTH, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. rtrrmmrzm,,Nzri S ignature COMM.#1049221 g `,.-1„f NOTARY PUBUC•CAUFORNIA m BANTA CLARA COUNTY -► a MY 99immusamom9 STATE OF CALIFORNIA ) ss: COUNTY OF J:4f 4 CLy N ) On ®u D Y , 1996, before me, the undersigned Notary Public, personally appeared JEAN C. ROTH, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature - , rA07171171Zrallitial LIB COMM.#1049221 g N .•`„r� NOTARY PUBLIC-CAUFORNIA m '= SANTA CLARA COUNTY -+ MyCommisskuimmissomessimn ExpIros Januaiy8,1999 5 3\lah\re\roth.ge III All , ,. . . , . "PARCIsL NO. 1 • �, • EXHIBIT iiAii BOl)K rl , .� BEGINNING at an iron set in the center line of Elena Avenue, distant thereon North 85° 15 ' East 15. 91 feet from an iron pie set at the Easterly common- corner for Lots 36 and 37, p Avenue and Lots are shown upon the Map above referred to; sthence from said point of beginning North 85° 15'' East along said center . line of Elena Avenue, 15 . 91 feet to an irOn pipe; thence South- westerly and parallel with the dividing line between said Lots 36 and 37, South 23° 35 ' West 426. 23 feet to an iron pipe and South• 49° 55 ' West 128. 03 feet to an iron pipe; thence 38° 30' East 414. 15 . feet topSouth Lots 36 and 37, as said Lots aare lshown upon n the dthe, Map ab�oveline bern to; said last named dividingline referred Deer Gulch; thence Westerlyalongdividingsaidglastonamedthe center nf for the following courses and distances : South 60° line,. feet; South 30° 15 ' West 46 . 20 45 ' West 59. 22 108. 24 feet and North 80° 30 ' Westt26. 68 leavingfeea t; Sthenceh 8° 15 ' est last named dividing line and running North 38° 30' West 384. 77 feet to an iron pipe which bears South 26° said right angles from said dividing 00 ' East 14. 00 feet at Northeasterly along a line wl�ichlisr between Lots 36 and 37; thence line between Lots 36 and 37, for the pf_ollowing .courses andarallel with said ldisg tances : North 64° 00' East 98. 16 feet to an iron pipe ; 49° 55 ' East 244.59 feet to an iron pipe and North P° 5 ' 415. 40 feet to the point of beginning, 2 35 East ` Lot 36,- as shown upon that certain Map entitled, "Maprofothef .Subdivision of Lot 2 and part of Lot 1 of the Taaffe Partition" which Map was filed for record in the office the County of Santa Clara, State of California, onrJuneo25,Re89 in Book "H" of Maps, at pages 76 and 77 ; and also being that194 certain 2. 24 acre parcel of land as shown upon that certain Map entitled, "Record of Survey Re-division of Lot 36, Subdivision of Lot 2 and a portion of Lot 1 of Taaffe Partition", which Map was filed for record in the office of the Recorder of the County of Sant:a Clara, State of California, on December 7, 1956 in Book . 77 of Maps, at page 11. • PARCEL NO. 2 : • A non-exclusive easement as appurtenant to Parcel No. 1 . for ingress and- egress and for the installation and maintenancebofr, public utilities over a strip of land 14. 00 feet wide, the South- easterly line of which is more. particularly described as follows : BEGINNING at an iron pipe set in the center line of Elena Avenue, distant thereon North 85° 15 ' East 15. 91 feet from an iron pipe set 'at the Easterly common corner for Lots 1,36 and 37, as said •Avenue and Lots are shown upon that certain Map entity ed, "Ma '-of the Subdivision of Lot 2 and part of Lot 1 of the Taaffe P Partition", which Map was filed for record in the officeof the Recorder of the County of Santa Clara, State of California, on June 25, 1854 in Book "H" of Maps, pages 76 - and 77 ; thence from said point of beginning . So.athwesterly along a line which is parallel with the dividing line between said Lots 36 and 37 for the following courses and distances : South 23° 35 ' West 41.5 , 40 feet to an iron pipe; South 49° 55 '- West 244.59 feet to an iron pipe; land South . 64° 00' . West 98. 16 feet to an iron pipe set at the Westernmost corner of the above described 2. 24 , acre tract and the terminus of said easement. PATHWAY EASEMENT REAL PROPERTY IN THE TOWN OF LOS ALTOS HILLS, COUNTY OF SANTA CLARA, STATE _ OF CALIFORNIA, A PORTION OF THE LANDS OF ROTH AS DESCRIBED IN THE GRANT DEED RECORDED IN BOOK 9857 AT PAGE 406 AS DOCUMENT NUMBER 4268650 IN THE RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: A TEN FOOT STRIP OF LAND EXTENDING FIVE FEET IN EACH DIRECTION FROM THE CENTERLINE OF THE EXISTING PATH WHICH CROSSES THE LOWER PORTION OF THE ABOVE-DESCRIBED PARCEL ADJACENT TO ITS GENERAL SOUTHEASTERLY LINE DESCRIPTION PREPARED BY: ‘ 04,a. m4S�. <<",\ / / 3 ' ►0.4818 A.? WILLIAM B. MASTERSON, L.S. 4818P 9/30/96 d'TgT LIC. EXP. 9-30-96 F OF L�Fv��\P CA August 23,1996 foothill.Igl P:\SURVDOCS'LEGALS156\FOOTH1LL.LGL