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Home My WebLink About91-95 • RESOLUTION NO. 91-95 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACCEPTING NON-ACCESS EASEMENT AND RESTRICTIVE COVENANT WHEREAS, Abby Lynn Ahrens, an unmarried woman("Ahrens"), and Charles M. Geschke and Nancy A. Geschke, Trustees of the Geschke Family Trust Under Declaration of Trust dated September 27, 1985, ("Geschke") (each of the above may be referred to as "Owner" and collectively "Owners") own property located adjacent to one another; and • WHEREAS, Ahrens desires to subdivide her property, a portion of which shall be deemed "restricted" and such "restricted" portion of the subdivision shall be acquired by the Geschkes; and WHEREAS,the City Council of the Town has read.and considered the terms and conditions of that Non-Access Easement and Restrictive Covenant; NOW, THEREFORE, the City Council of the Town does RESOLVE as follows: 1. The City Council of the Town hereby accepts the Non-Access Easement and Restrictive Covenant on Lands of Ahrens 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 Non-Access Easement and Restrictive Covenant, a copy of which is attached as Exhibit A. PASSED AND ADOPTED this 6th day of December , 19 -efit Mayor ATTEST: City Clerk 14949/006/1044326.1 • • • • This Document is Recorded For the Benefit of the City of Los Altos And is Exempt from Fee Per Government Code Sections 6103 and 27383 When Recorded, Mail to: City of Los Altos One North San Antonio Road Los Altos, CA 94022-3088 Attention: City Clerk NON-ACCESS EASEMENT AND RESTRICTIVE COVENANT This Non-Access Easement and Restrictive Covenant("Agreement") is made and entered into this 1st day of December , 1995, by and among Abby Lynn Ahrens, an unmarried woman, ("Ahrens"), Charles M. Geschke and Nancy A. Geschke, Trustees of the Geschke Family Trust under Declaration of Trust dated September 25, 1987 ("Geschkes"), the City of Los Altos, a municipal corporation("City") and the Town of Los Altos Hills, a municipal corporation ("Town"). Ahrens and the Geschkes shall sometimes be referred to herein collectively as "Owners". RECITALS A. Ahrens owns that certain real property commonly known as 13711 Old Altos Road as more particularly described on Exhibit A attached hereto (the "Ahrens Property"). The Property is currently located in the Town. B. The Geschkes own that certain real property located adjacent to the Ahrens Property commonly known as 220 University Avenue and as more particularly described on Exhibit B attached hereto (the "Geschke Property"). The Geschke Property is currently located in the City. C. In connection with a subdivision which would divide the Ahrens Property into two (2) separate parcels, Ahrens has requested that the Ahrens Property be deannexed from the Town and annexed to the City. The City Council of the Town has consented to the deannexation subject to certain conditions. D. One of the conditions imposed by the Town requires that a restrictive covenant be recorded against a portion of the Ahrens Property as more particularly described as Parcel B on Exhibit C attached hereto ("Restricted Property"). This condition provides that no residential structures, garages or carports shall be constructed on the Restricted Property for a period of not less than ten(10)years from the date of recordation of this Agreement. +!I . E. Another condition imposed by the Town requires that a non-access easement be recorded against the Restricted Property which provides that, except for emergencies and for maintenance, vehicular access to (i)that portion of the Ahrens Property as more particularly described on Exhibit D attached hereto ("Parcel A") and (ii)the Geschke Property shall not be obtained from Old Altos Road or Burke Road for a period of not less than ten(10)years from the date of recordation of this Agreement. F. In conjunction with the subdivision, the Geschkes intend to acquire the Restricted Property from Ahrens. G. The Owners now desire to grant to the City and the Town the restrictive covenant and non-access easement described below. AGREEMENT 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. Restrictive Agreement. During the term of this Agreement, Owners hereby covenant and agree that no residential structures, garages or carports shall be constructed, built or placed upon the Restricted Property. 2. Non-Access Easement. During the term of this Agreement, vehicular access to Parcel A and the Geschke Property shall not be obtained from Old Altos Road or Burke Road except for emergencies or for maintenance on the Restricted Property or the Geschke Property. Notwithstanding the above, vehicular access to Parcel A shall be allowed from Old Altos Road or Burke Road until such time as the appropriate facilities to allow access to Parcel A from University Avenue have been constructed. Ahrens shall proceed diligently to complete such facilities. 3. Term. This Agreement shall be effective on the date of recordation and shall remain in effect until the date which is ten(10) years after the recordation date of this Agreement. 4. Successors in Interest. This Agreement shall burden the Restricted Property, Parcel A and the Geschke Property and shall benefit the general public and Town and City owned property located in the vicinity of the Restricted Property. This Agreement and the restriction and easement contained herein shall run with the land and shall be binding upon and inure to the benefit of the heirs, successors and assigns of the parties hereto. 5. Enforcement. This Agreement and the restriction and easement contained herein may be specifically enforced by any party to this Agreement. 6. Attorneys' Fees. If any party to this Agreement brings an action at law or in equity to enforce, interpret or redress any breach of this Agreement, the prevailing party in such action shall be entitled to its expenses and reasonable attorneys'fees incurred in addition to all other relief as may be allowed by law. - 2 - . • • • • IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. "AHRENS" Dated: December 1, 1995 . Abby ynn Ahre s Charles M. Geschke, rustee of the Geschke Family Trust under Declaration of Trust dated September 25, 1987 Z -Dated: December 1, 1995 ' - � � N cy A. chke, Trustee of'the Geschke F 'y Trust under Declaration of Trust dated September 25, 1987 "CITY" CITY OF LOS ALTOS Dated: By: ATTEST: APPROVED AS TO FORM: City Clerk City Attorney TOWN TOWN OF LOS ALTOS HILLS December 13, 1995By: (, Dated: ATTEST:.......)... .......... --.........._, City Clerk City A i‘rney 14949/008/1042000.1 - 3 - . • • • • State of California ) ss. County of Santa Clara ) December On i , 1995 before me, the undersigned Notary Public, personally appeared Abby Lynn Ahrens, personally known to me (or proved to me on the basis of satisfactory evidence)to be the person whose name 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. p OF ti SEANA M. FREY Sign re -�/ ,7,--- .�9�� COMM. #975854 -i E:40,, �;N BNOTARY PUBLIC-CALIFORNIA . SANTA CLARA COUNTY "W.11,47"io My Comm.Expires Oct.21,1996 • State of California ) ss. County of Santa Clara ) . pec ;bei, On �o-a�,;o;�; , 1995 before me, the undersigned Notary Public, personally appeared Charles M. Geschke, personally known to me (or proved to me on the basis of satisfactory evidence)to be the person whose name subscribed to the within instrument and acknowledged to me that he executed the:s n 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. `~��`Jp R,',- COMM. 4975854 —I Signatur ��c% FCD„`',c i� g NOTARY PUBLIC-CALIFORNIA w J SANTA CLARA COUNTY .;�tz foto• My Comm.Expires Oct.21,1996 State of California ) ss. County of Santa Clara ) lec-mber On r 4):c ...o. 1, 1995 before me, the undersigned Notary Public, personally appeared Nancy A. Geschke, personally known to me (or proved to me on the basis of satisfactory evidence)to be the person whose name 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. c WITNESS my hand and official seal. Sign re , /,. -(--7--` . ,„t„, ,),„,, SEANA M. FREY 14949/008/1042000.1 C7�m g , COMM. #975854 8 1.:i B. NOTARY PUBLIC-CALIFORNIA�. �,itY" SANTA CLARA COUNTY 'J +i,1My Com1.Expires Oct.21,1996 • - 4 - . • • • •� . EXHIBIT A PROPERTY DESCRIPTION LANDS OF AHRENS THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SANTA CLARA, CITY OF LOS ALTOS AS PARCEL B AND CITY OF LOS ALTOS HILLS AS PARCEL A, AND IS FURTHER DESCRIBED AS FOLLOWS: PARCEL A: PARCEL 1,AS SHOWN ON THE PARCEL MAP FILED FOR RECORD ON OCTOBER 20, 1982 IN BOOK 505 OF MAPS, AT PAGE 24,SANTA CLARA COUNTY RECORDS. PARCEL B: PARCEL 3, AS SHOWN ON THE PARCEL MAP FILED FOR RECORD ON OCTOBER 20, 1982 IN BOOK 505 OF MAPS, AT PAGE 24, SANTA CLARA COUNTY RECORDS. ASSESSOR'S PARCEL NUMBERS: 175-25-061 AND 175-12-019 • • • • EXHIBIT B PROPERTY DESCRIPTION LANDS OF GESCHKE REAL PROPERTY IN THE CITY OF LOS ALTOS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL 2,AS SHOWN ON THE PARCEL MAP FILED FOR RECORD ON OCTOBER 20, 1982 IN BOOK 505 OF MAPS, AT PAGE 24, SANTA CLARA COUNTY RECORDS. ASSESSOR'S PARCEL NUMBERS: 175-12-020 AND 175-12-009 • • • EXHIBIT C PROPERTY DESCRIPTION PARCEL "B" "RESTRICTED PROPERTY" REAL PROPERTY IN THE CITY OF LOS ALTOS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA,DESCRIBED AS FOLLOWS: PARCEL B,AS SHOWN ON THE PARCEL MAP FILED FOR RECORD ON , 199_ IN BOOK OF MAPS, AT PAGE ,IN THE OFFICIAL RECORDS OF SANTA CLARA COUNTY. • . s • EXHIBIT D PROPERTY DESCRIPTION PARCEL "A" "AHRENS RESIDENCE PROPERTY" REAL PROPERTY IN THE CITY OF LOS ALTOS, COUNTY OF SANTA CLARA,STATE OF CALIFORNIA,DESCRIBED AS FOLLOWS: PARCEL A, AS SHOWN ON THE PARCEL MAP FILED FOR RECORD ON , 199_ N BOOK OF MAPS,AT PAGE , IN THE OFFICIAL RECORDS OF SANTA CLARA COUNTY. • I • / ' c:: -. e • •0 C.1. • c ..2f ,t(4..e k el o •e. -aO i�; ? lbd a 'Ii1 .7 al 0 P le • • w.e • ''•Mal/./wnor t.urr• N `tee / 1 . }ot •• e,dol) . (wrn.<eef1 :C;' :p er • • ss o , 4 sat...ser Am/Ir 13 .,,gyp. .(w' —___i: •8-�;-s/ . I a � � ____ le ; / �1 'r P 4' t. N!i i �°i, u•w-w•• sae..•1 -,' —,7,...,:a.-7•"7.,-...11...;.11".;* •PARCEL B ' to...yet.. -r`• b Jr �'' �i•` s PARCEL A. • I • —-O'7SAG 1 a i V j 0 o.cr..c. �� • ... / ' r v / S // - .1 S . se r:.rs<:canon.., I I ) Q i .. I ' • a'a..v sear Hoerr...:...�•.. .. .t—__lam� �,�• 1 e j 0 •it Y I Il (new leo) I _ _ . T _� -' 1 r 1. , .I 1 L 4 e4 re.•• :-•G ry-L••rr T.S • 7 O I. / r , �O I l: , .r IV.-.. ' J •.. c...e ct,cr..cers wro �' �: / !• ,pone.r.,n.s a. a C t.ossa car carr:+u++r m.•.era wA. act .aro r ' .v ae.,..,.. c.c,node row • • 1, t • • 1 r n• TRACT ill: ••,` i r� .57 M44 ro WN OF LOS ALTOS HILLS •• e . \ `� •MILLAXILIZrabilr Thi..•p i. .r..ubaiwi.im w •[Parcels l and l .. .La .. thePARCEL MAP Parcel Nap recorded October 20, lft2 in Book SOS o[Nape at Pe. I "��•iYC 24. The boundary o[ Mo.Parol.Y.been accepted as t• .hicrior boundary o[ ole asp. fount. .Lon t•that previous.p LANDS OF AHRENS 44. locate other locoed are shown a found, fo Grope[y c made t0 1 t oto fount. from that asp. 21e.w property corner which _ A•G wan esnd00 1. t••part o[ tht..ulvitu .Low n•• t. BEING A RFBUBVtO1011 Of'PARCELS I AND S AS SHOWN ON THAT PMCIL 'r'P Alt dint..,.. and dlr... are•novo in[wt and decimals BEINGDI MAP RECORDED OCTOEER 20,1E22 IN BOOK SOS OF YAPS,PAGE 24,SANTA tb.reof. CLARA COUNTY RECORIH,AND LYING WIGAN 1f1E The distinctive border it..indicates the boundary of land •.f•ore • subdivided by Ch.esp. CITY OF LOS ALTOS,CALJFORNIA • y Ares within this subdivision.1.1..ses CLEMENTS AND ASSOCIATES 1Le bearing norm lab2'23•Lat of the wst.rl floc o[ Parcel 1 • 001.0 intersects with Old Alt.00.d, as shown on that Parcel Nap .er Indicate. found.onurnt.how on Parcel Kap racord.d la CML ENGINEERING recorded in Book SOS of hype•t Paq. 24, Santa Clara County Book SOS of Na •t P• 24. 4000 EL CAMINO REAL SURE 110 LOS ALTOS. CALiFOirKA Sec..was taken a•the basis of ...es far this nap. 0 IndicIndic/Lt. point on boundary not s•. nE r .d for. • Indicates Bet 3/4• Iron Pipe, S.C.Z. 14030. • ONS D CALE:1•.20' OCTOCER IOW 2 OF 2 SHEETS ' 2201