05 Desk Item - 15500 Francis Oaks Way.~flW H OF
SOS GAS95
COUNCIL AGENDA REPORT
DATE: SEPTEMBER 8, 2009
MEETING DATE: 9/$109
ITEM NO: 5
DESK ITEM
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
SUBJECT: CONSIDER AN APPEAL OF A PLANNING COMMISSION DECISION DENYING A
REQUEST FOR A TWO LOT SUBDIVISION ON PROPERTY ZONED HR-21/2. NO
SIGNIFICANT ENVIRONMENTAL IMPACTS HAVE BEEN IDENTIFIED AS A
RESULT OF THIS PROJECT AND A MITIGATED NEGATIVE DECLARATION IS
RECOMMENDED. APN 527-11-005, SUBDIVISION APPLICATION M-06-4,
NEGATIVE DECLARATION ND-06-4. PROPERTY LOCATION: 15500 FRANCIS
OAKS WAY. PROPERTY OWNER: MIKE AND ANN MOFFAT.
APPLICANT/APPELLANT: TONY JEANS
DISCUSSION:
Attached please find the copy of a private easement agreement between Mike Moffat, appellant on
the 15500 Francis Oaks Way subdivision, and Sandy Harris, developer of the Highlands Subdivision.
The section of the easement agreement that is relative to the 15500 Francis Oaks project is No. 3. The
easement is referenced in the 15500 Francis Oaks staff report on Page 4.
Attachment: Easement agreement
PREPARED BY: GREG LARSON
Town Manager
GL:pg
N:IMGRIAd1nmWorkFiles%2009 Council Reports19-8-09 Francis Oaks Desk Item.doc
Reviewed by: Assistant Town Manager Town Attorney
Clerk Administrator Finance Community Development
RECORDING REQUESTED 13Y
Sandy Harris
WHEN RECORDED MALI. TO:
Sandy Harris
946 Capri Drive
Campbell, CA 95008
DOCUMENT: 39822566 Pages: 7
Fees 27 00
Taxes
cap; ~5
AMT PAID 27 00
REGINA ALCOMENDRAS RITE: 0 009
SANTA CLARA COUNTY RECORDER 4/2312008
Recorded at the request of 9:09 AM
Owner
I
CSPACG ABOVE TM LM FOR RECORDEFUS USE)
EASEMENT AGREEMENT
APT 527-11-005
APIA 527-09-001
"N 527-09-004
APN 527-12-001
j j50CUMENT 'T'ITLE]
RECEIVED
MAY 0 8 2009
TOWN OF LOS GATOS
PLANNING DIVISION
SEPARATE PAGE, PURSUANT TO GOVT. CODE 27361.6
Ea nenl Agreement #d2 4nOY7008
1
eJ ~
meetings provided only that he is not out of town or otherwise unavailable to
attend.
7. Upon execution hereof and as matedai canstderation herein the parties shall
cooperate to conclude and record all necessary legal instruments to effect the
terms hereof,
8. Each party shall bear their own fees incurred to date with respect to this
agreement and the Action.
S. in the event an action Is instituted with the respect to the terms hereof, or any
aspect thereof, including any claims in equity, the prevailing party In any such
action shall be entitled to the award of all legal fees and casts incurred therein.
10, ' Afl of the rights and Ilabillties herein created are intended to be perpetual and
appurtenant to the land to which they relate, they are Intended to be covenants
that 'run with the land' to which they rotate and shall bind each successive owner
of the affected properties. 'The rights and liabilities herein created are not to be
severed from the land writh which each runs and cannot, in and of themselves
{and without transfer of the land to which it attaches} be transferred.
11. The rights, Ilabllitles and duties created by the matters herein set forth inure to
the benefit of the parties, their families, and their assigns, successors, In the
interest heirs and personal representatives until extinguished by mutual consent
of the parties affected thereby.
12. This agreement supersedes the agreements between Barris and Moffat dated
and Novernber 8, 2005 and March 25, 2006.
13. The Moffafs understand and agree that the Francis Oaks Neighborhood
Easement shares a portion of Right of way # 1 as shown on the Highlands Final
Map
14. The parties deem this writing to be mutually drafted and.therefore not subject to
the rule that might otherwise construe the terms against the draftsman.
WITNESS WHREOF, the parties hereto set their hands:
MIKE MOFFAT
ANN BRENNAN MOFFAT
THE HIGHLA146S ¢f 0,$r6ATOS, LLG
managing member
RXWBIT A
Situate in the Town of Los Gatos, County of Santa Clara, State of California.
Being m the center line of which iso ~ or the construction
and more particularly desc ~as follows, t t'
.proBeing a part of the lands conveyed to Michael Moffat by deed recorded April 19, 2000 as
Document No. 15218301 in Official Records of Santa Clara County;
Reoning at a point in the western boundary of said lands of Moffat from which a I/2
inch iron pipe tagged LS 5615 at the southwestern corner thereof bears South 00'14'49"
East 302.57 feet distant;,
Thence frorn said Tme Point of Beginning, leaving said southern boundary,
Noah 79 110'00" Fast 314.20 feet, to an angle therein; thence South 84°00'31" East
102.25 feet, to an angle therein; thence- South 59°38' 11" Fast 126.17 feet, to an angle
therein; thence south 43°4348" East 218.87 feet, to an angle therein; thence South 151
5 1' 11 ' East 138.35 feet, more or less, to the southern boundary of said lands of Moffat.
CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT
STATE OF CALIFORNIA
ss.
COUNTY OF
ON 9-9- 'aZCXl BEFORE ME, )C)I'di~` B. S0I2C:I NOTARY PUBLIC
Date Name
, ,
PERSQNALLYAPPEARED -/!~lz.7 f 6b2'~
WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE
TO BE THE PERSON (S) WHOSE NAME (S) IWARE SUBSCRIBED TO
THE WITHIN INSTRUMENT AND ACKNOWLVEDGED TO ME THAT
JOHN R. SORC1 HGSi•tEITHEY EXECUTED THE SAME IN Ft 6+eRfTHEIR
C.Qmmmon# 1691645 AUTHORIZED CAPACITY (IES) AND THAT BY H14;H RffHEIR
pw c.....WIIOmlo
N THE INSTRUMENT THE PERSON (S); OR THE
S
d NolC3Pf
SIGNATURE (
) O
BontoClaraCQU* ENTITY UPON BE"ALF OF WHICH THE PERSON (S) ACTED,
}llycomm. Fxplres9cti,2g1 EXECUTED THE INSTRUMENT.
i certify under PENALTY OF PERJURY under the laws of the
State of California that the foregoing paragraph is true and
correct.
WITNESS MY HAND AND OFFICIAL SEAL,
r
OPTIONAL P)WORMATION
The rnformatfon below is not regwued by lawn, hul R may prove 16bD important fo persons relying on fha rlacamenl and could prevent
fraudulent removal and reaffachment of Mrs form to same other document
K)ESCIZIPTJON OF ATTACHED DOCUMENT
TITLE OR TYPE OF
DOCUMENT. - - ~J 11J17'l~~ T
17
DOCUMENT DATE; NUMBER OF PAGES
SIGNER (S) OTHER THAN NAMED ABOVE.
CAiPACtl-Y (LIES) CLAIMED BY SIGNER (S)
SIGNER'S NAME:
-INDIVIDUAL
CORPORATE OFFICER
TITLE (S):
_ PARTNER
_ LIMITED _GENERAL
ATTORNEY-IN-FACT
TRUSTEE
GUARDIAN OR CONSERVATOR
OTHER;
SIGNER IS REPRESENTING:
RIGHT THUMBPRINT
OF SIGNER
S[GNE<R`S NAME,
INL)IVIDUAL
CORPORATE OFFICER
ATLI= (S):
PARTNER
LIMITED} GENERAL
_ ATTORNEY-
IN-FACT-TRUSTEE
GUARDIAN OR CONSERVATOR
OTHF,R:
SIGNER IS REPRESENTING.
RIGHT THUMBPRINT
OF SIGNER
A-24 HOUR NOTARY SERVICE -2709 El Camino Av. Sacramento, CA 951321 - Rev 12.01.2407 - FOR RFORT)ERS; CALL TOIL-FREE 8W-53&7233