HomeMy WebLinkAbout4.2 Supplemental (2)To: Debbie Pedro, Planning Director
Town of Los Altos Hills Planning Commission
Re: Lands of Nicholson, End of Eastbrook Avenue RECEIVED
From: Karen Emerzian 11670 Dawson Drive, LAH 94024 AUG 0 5 2010
8/5/10
TOWN OF LOS ALTOS HILLS
In accordance with the recorded Covenants, Conditions & Restrictions (CC & R's), when the last lot in our
subdivision was sold, John Damavandi's secretary phoned me to ask if I would take John's place on the
Architectural Control Committee, as well as Donald Lull and Howard Martin (now deceased).
With regard to the proposed Lot C, I find no reference to partial acreage such as the access strip traded
or purchased from another lot on Dawson Drive for the purpose of creating a driveway for the "C" lot. I
question whether our CC&R's can include this new lot, and whether the address will be Dawson Drive.
These covenants run with the land. For example, in the provision A-4, easements are reserved for the
erection', construction, etc. of pipes, conduits, poles, etc. It states that no buildings shall be placed on
such easements. Perhaps the Dawson portion is not an easement, but is it at least 43,000 square feet
per the CC&R's?
My husband Harry and I were assured by the then City Manager, Bob Crowe, that the land that is now
being subdivided would never be built upon. He said he would not have built his own house on the land
that is adjacent. We didn't get this "in writing". Once Mr. Wong's residence was completed in 2008 or
2009, we cheered with the knowledge that no more construction trucks would disturb our tranquility..
They formerly roared up Dawson Drive, created much noise and nuisance —trash thrown from the
trucks, etc. One of our trees at our driveway was taken out by a construction truck
The word "covenant" means Binding and Solemn Agreement. The CC&R's of our subdivision should not
be disregarded. Legal guidelines should not be ignored to accommodate a lot that was not in the
original legal creation of our tract.
In closing, #C-5 states that "the various measures and provisions of this Declaration are hereby declared
W constitute mutual equitable covenants and servitudes FOR THE PROTECTION AND BENEFIT OF EACH
PROPERTY OWNER. The property owners who have come forward with objections would like to believe
that this applies to them.
Karen A. Emerzian
Harry Emerzian