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HomeMy WebLinkAbout88-95 • ` I {^p. 03P. O222 • RESOLUTION NO. 88-95 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS AMENDING GRANT OF CONSERVATION EASEMENT ON LANDS OF KRESEK AND ROWEN WHEREAS Robert G. Kresek and Susan Rowen("Owners")have previously granted a conservation easement to the Town of Los Altos Hills (the "Town") on Lands of Owners; and WHEREAS,the City Council of the Town now desires to amend such easement in order to allow Owners to plant a vineyard within the confines of the easement; NOW, THEREFORE, the City Council of the Town does RESOLVE as follows: 1. The City Council of the Town hereby accepts the amended conservation easement on Lands of Owners on behalf of the public. 2. The Town of Los Altos Hills shall enter into and the Mayor is hereby authorized and directed to execute the Amendment to Agreement for Conservation Easement, a copy of which is attached as Exhibit A. PASSED AND ADOPTED this 15th day ofNovember , 1995. By: , Mayor ATTEST: City Clerk • 14949/006/1043180.1 • p 23PAGEO2I5 • • 1312 7 9 51 A REQUEST aF°` This Document is Recorded LOS ALTOS HILLS For the Benefit of the DEC 12 1142 PM 95 Town of Los Altos Hills And is Exempt from Fee OFFICIAL RECORDS Per Government Code SANTA.CLARA.COUNTY Sections 6103 and 27383, BRENDA DAVIS. RECORDER When Recorded,Mail to: Town of Los Altos Hills 26379 Fremont Road Los Altos Hills,CA 94022 [\i .0 .F Attention: City Clerk AMENDMENT TO AGREEMENT FOR CONSERVATION EASEMENT This Amendment to Agreement for Conservation Easement("Amendment") is made and entered into this ail day of ©Ckzb,LA_J, 1995, by and between Robert G. Kresek and Susan Rowen as "Owners," and the Town of Los Altos Hills, a municipal corporation, as "Town". RECITALS A. Owners are the owners of certain real property located in the Town, which real property is commonly known as 13470 Carillo Lane and is more particularly described on Exhibit A attached hereto (the "Property"). B. On November 17, 1993, Owner's predecessor in interest, Pacific Land Acquisitions, Incorporated, entered into an Agreement for Conservation Easement with the Town("Agreement"). The Agreement was recorded in the official records of Santa Clara County on December 14, 1993 as Instrument No.12261079 in Book N191, page 636; C. The Agreement, among other things, prohibits the planting of any plants, trees, or vegetation other than native plantings within that portion of the Property described on Exhibit A and Exhibit B of the Agreement("Conservation Easement"); D. However, the Agreement also provides that the City Council may authorize exceptions to such restrictive covenants, provided such exceptions are consistent with the purposes of law and are not incompatible with maintaining and preserving the natural character of the land;. E. Owners have requested that the City Council allow the Owners to plant a vineyard within the Conservation Easement. The City Council;having found that the planting of a vineyard within the Conservation Easement is consistent with the purposes of law and is not incompatible with maintaining and preserving the natural character of the land; has agreed to allow Owners to plant a vineyard within the Conservation Easement subject to certain conditions described herein. 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: CCS • P 123PAGEO4106 • Amendment of Restrictive Covenant. Notwithstanding the restrictive covenants contained in the Agreement, Town hereby authorizes Owner to plant a vineyard within the Conservation Easement subject to the following conditions: (a) No disking or tilling of the soil within the Conservation Easement is allowed. (b) All irrigation within the Conservation Easement must be by drip irrigation only. No other irrigation systems or facilities may be constructed or used within the Conservation > Easement. (c) All recommendations contained in that certain report dated April 27, 1995 from DeVine Consultants, a copy of which is attached hereto as Exhibit B, shall be followed in connection with(i)the planting of wildflowers, (ii)the use of fertilizers, pesticides and herbicides, and (iii)the irrigation of the vineyard. Except as amended by the terms of this Amendment, the Agreement, and the restrictive covenants contained therein, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this agreement. OWNE,; Dated: /67—'0 S Robe G. Kresek Dated: /9/-25-17,g- Susan'Rowen TOWN OF LOS ALTOS HILLS Dated: �� Z`' J By: Mayor ATTEST: City Clerk APPROVED AS TO FORM: • • Attorney 14949/008/1041375.1 • • P123PAGE. I 74) State of California ) ss. County of Santa Clara ) On this a/day of 79 L , 1995, before me, / .5 , a notary public, personally appeared Robert G. Kresek, personally known to /e, or proved to me on the basis of satisfactory evidence, to be the person whose name is subscribed to this instrument, and acknowledged that he/she executed it. � ir �( JANNIS GARBED e .•�°sl%, COMM,#974634 z of Public for the State of California ,,� Notary Public—California z z 4 re • SANTA CLARA COUNTY D My Comm.Expires OCT 2, 1996 My commission expires: , 19 9(, • State of California ) ss. County of a ) •SIN 047Eo On this tday of 00 r , 1995, before me('3 %04,e 44. i;,i , notary public, personally appeared Susan Rowen, personally known to me, or proved to me on the basis of satisfactory evidence,to be the person whose name is subscribed to this instrument, and acknowledged that /she executed it. • * California 7-.175-- ,Charlene M.Sebastiani� Vo�:� � Comm #1029533 • c 0°NOTARY PUBLIC MATED COUNTYCALIFORNIA,„ My 'oo •ssion expires: 6 ° �pppM Comm Expires June 12 1998" _67/142_ 19 9' • ) 23PAGO2 ,� LEGAL DESCRIPTION REAL PROPERTY In the CO of Town d Los Moe Fes,County of Santa CIarm,State o1 California,ia,described as follows: Lot 11 In Block 0,as shown on that= in Map entitled Tract No. 1925 Fremont P IIs Unit No.3,which Map was flied for record In the officeof the Recorder d the County of Bauch Clara, State of Califomla an May 2i, 1057, In Book 8t of Maps page(s) 42. Photographic image may b® poor due to condition of original document. • • • • • E.XHIBIT • • I20AGEO2I9 DEVINE • . CONSULTANTS • April 27, 1995 Bob and Sue Kresek • 13470 Carillo Lane Los Altos Hills, CA 94022 Dear Bob and Sue, I ammost pleased about your decision to proceed with your custom home vineyard. I am expecting hefty yields of . super premium quality fruit. I am actually also pleased to hear that the concern at hand is the erosion control question. Frankly, I would like to see more attention paid to this problem with developmental projects on hillsides. Over the years we have been exposed ' to myriad reasons why people want vineyards. One more prominent reason is precisely for erosion control on hillsides. For some of our larger projects in t h e past, we even received funding through the U.S. Dept. of Agriculture Soil Conversation Service ASCS cost-sharing program. Vineyards are so much more than just planting vines and picking grapes. Erosion control, integrated pest management, sustainable agriculture, visual displays, efficient drip irrigation, and more comprise the entire project. But our first step always begins with the soil and its proper preparation. • Our techniques for erosion control were honed by such notable authorities from the S.C.S. as Phil Blake and Dennis Moore from Napa, Oscar Hernandez in Santa Clara, and Steve Singer in Santa Cruz. All these experts not only conveyed their tremendous knowledge to us, but also personally critically examined our early projects. • We abide by a no-till, strip spray, drip irrigated system of vineyard maintenance. The program begins with a subsoiling operation which, in addition to easing vineyard installation and vine Custom Vineyard Management ement y g 2720c Loma I'rieta Way • Lot Cates,CA 9 030 • 40H•351.WINE EXHIBIT B • J It 3 4,E 0 2 2 0 MINE NSU TAN ` voir k • rooting, increases water infiltration rates through the. soil- profile. On your site, pull would the shanks across the slope in order to intercept the most surface water possible. We make a single -long-term fertilizer addition to benefit the vines as well as establish a self-perpetuating erosion control annual cover crop. The fertilizer is incorporated concurrently with preparing the seedbed for the cover crop.. This is the last time we plan to disturb the soil at all. • The wildflower seeds germinate naturally with fall rains,. providing soil surface protection from the cumulative impact of rain drops. We will purposefully orient your rows across the slope so that surface water energy flowing downhill will be dissipated by the bands of greenery. Once the seed heads mature, we mow the cover crop and grapevine prunings with a flail mower. This results in a mulch which minimizes later season weeds. The microtubules formed • by the decomposed roots. provide the microscopic waterways through the soil surface for next season's first rains. The ground under the vines is also weed-controlled without disturbing or loosening any soil. Using a single annual application of Round-up, Surflan, and Goal herbicides, weeds under the vines are virtually completely controlled. These materials are non-restricted, available to home gardeners, do not leach, and degrade naturally within a few weeks ' into harmless by-products. Spot weed control a s needed is performed by backpack sprayer, weedeater, or hoeing. In addition to the surface-knitting quality of the visually striking wildflowers, the grapevines themselves provide stabilityin deeper soil by their physical structures and by soil tension caused by evapotranspiration.' Because of rapid growth and strong geotropism, I believe that Vitis vinifera grapevines will accomplish, the purpose currently served by the manzanita far more• rapidly, completely, and permanently. • • 7 ® . S 2 • G E 0 2 2 1 JDEVI OPItiUI TANTNES r The drip system for the vineyard is analogous to the system currently in place for the manzanita plants. Watering regimes for your vineyard . will be implemented with efficiency and weed suppression in mind. Once the vines are mature, I anticipate three to four annual irrigations. Should there be extended drought conditions necessitating water conservation, mature grapevines in your soil could be completely dry-farmed providing a first source of water savings without sacrificing any erosion controlling properties. A less obvious but extremely ' important erosion control benefit derived from a vineyard on your hillside is our intolerance of any gopher activity whatsoever. By keeping gophers from r e- establishing new tunnel systems after deep-ripping, we achieve virtual elimination of piping, or concentration of groundwater at surface levels through gopher holes. Such • piping otherwise left unchecked could cause significant problems quite rapidly. I can state with total confidence that a wine garden will in no way be detrimental to the cause of erosion management on your property. Indeed, erosion control is far more than an artifact of our efforts. It is, in fact, a large portion of our- focus and key to our purposes on all hillside vineyards. I am proud of our program of soil conservation and will. gladly answer any questions from concerned parties. Sincerely, Eddy ' • •