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HomeMy WebLinkAbout81-16 RESOLUTION 81-16 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (LANDS OF GOOD MOODYS,LLC) WHEREAS, Michael Sokolsky, Good Moodys, LLC ("Owner") owns the property.commonly known as 25616 Moody Road(APN 336-31-001), Los Altos Hills, California; and WHEREAS,the Town has adopted a General Plan and,pursuant thereto,may accept grants of open space easements on privately owned lands lying within the Town; WHEREAS, the Owner has offered to enter into an agreement for open space easement attached to this Resolution as Attachment A("Agreement for Open Space Easement")to limit the use of a portion of the property in order to reduce potential adverse impacts on such land including grading,vegetation removal, and erosion; WHEREAS, the Town finds the Agreement for Open Space Easement to be consistent with the Town's General Plan and in the best interests of the Town; WHEREAS, the Owner and the Town recognize that the land subject to the Agreement for Open Space Easement is essentiallyunimproved and if retained in its natural state has substantial scenic p p value to the public and that the preservation of such land as open space constitutes an important physical, social, aesthetic and economic asset to the Town and the Owner; WHEREAS, the Agreement for Open Space Easement contains the appropriate restrictions and covenants to preserve the natural and scenic character of the land; and NOW,THEREFORE,the City Council of the Town of Los Altos Hills does RESOLVE as follows: The Town hereby accepts on behalf of the public, and for the purposes therein described, approves the Agreement for Open Space Easement attached to this Resolution as Attachment A; and the Mayor is hereby authorized and directed to execute the Agreement for Open Space Easement. The above and foregoing Resolution passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 17th day of November, 2016 by the following vote: AYES: Harpootlian, Waldeck, Corrigan, Radford, Spreen NOES: None ABSENT: None ABSTAIN: None \ BY: ir.hn Harpootlian, Mayor Resolution 81-16 Page 1 ATTEST: I eborah Padovan, City Clerk Resolution 81-16 Page 2 This Document Is Recorded For the Benefit of the Town of Los Altos Hills And is Exempt from Fee Per Government Code Sections 6103 and 27383 When Recorded,Mail to: Town of Los Altos Hills 26379 Fremont Road Los Altos Hills,CA 94022 Attention: City Clerk AGREEMENT FOR OPEN SPACE EASEMENT This Agreement for Open Space Easement ("Agreement") is made and entered into this 11-11 day of U VS f , 2016, by and between Good Moodys LLC, ("Owner") and the Town of Los Altos Hills, a municipal corporation, ("Town"). RECITALS A. Owner owns that certain real property in the Town of Los Altos Hills commonly known as 25616 Moody Road, also identified as APN 336-31-001, Los Altos Hills, California. B. Town has adopted a General Plan and, pursuant thereto, may accept grants of open space easements on privately owned lands lying within the Town. C. Town finds this open space easement to be consistent with the Town's General Plan and in the best interests of the Town. D. Owner and Town desire to limit the use of a portion of the property more particularly described in Exhibit A and Exhibit C attached hereto,by dedication of an open space easement in order to reduce potential adverse impacts on such land including grading, vegetation removal, and erosion, recognizing that such land is essentially unimproved and if retained in its natural state has substantial scenic value to the public and that the preservation of such land as open space constitutes an important physical, social, aesthetic and economic asset to the Town and to Owner. 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 an open space easement to the Town of Los Altos Hills, a municipal corporation in the County of Resolution 81-16 Page 3 Santa Clara, State of California, over the real property described and shown as Exhibit A and Exhibit C, (the"Property"),to have and to hold said open space easement for the term and for the purposes and subject to the conditions, covenants, and exceptions described herein. 2. Statutory Authorization. This Agreement and grant of open space easement are made and entered into pursuant to Chapter 6.6 commencing with Section 51070 of Part 1, Division 1, Title 5 of the Government Code. This Agreement is subject to all of the provisions of said sections and chapters including any amendments thereto which may hereafter be enacted. 3. Restriction on Use of Property. During the term of this Agreement and the open space easement granted herein, the Property shall not be used for any purpose other than an open space and riparian easement and those uses related to or compatible therewith. Owner, for the direct benefit of the Property described herein, hereby declares that the Property shall be subject to restrictive covenants running with the land which shall be binding upon all subsequent grantees. Said restrictive covenants shall be: a. against the right of Owner to construct or maintain any improvements on or within the Property except for public and private utilities, a well, and paths dedicated to the Town, provided these reserved exceptions shall be consistent with the purposes of maintaining and preserving the natural or scenic character of the land; and b. against the extraction of natural resources or other activities which may destroy the unique physical and scenic characteristics of the land; and c. against the grading of land for reasons other than attendant to permitted uses including but not limited to drainage improvements and underground utilities; and d. against the cutting of vegetation, except as may be required for fire prevention, thinning, elimination of diseased growth, removal of invasive or non-native species and similar measures; and e. against any plantings other than native vegetation; and f. against the erection of structures other than any improvements authorized by Paragraph 3(a) herein. 4. Exceptions. 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. Restrictions on Public Use. The public shall not have a right of entry upon the Property. The right of entry and surface use is limited solely to the Town,but only for the purpose of inspection of condition of the Property. Resolution 81-16 Page 4 6. Term of Agreement. This open space easement and Agreement shall be effective on the date of recordation of this Agreement and shall remain in effect in perpetuity, unless abandoned pursuant to Government Code Sections 51093 and 51094 or any successor legislation. 7. Successors in Interest. This Agreement and the open space easement 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. IN WITNESS WHEREOF, the parties hereto do hereby execute this agreement. OWNER: Date: 6/ /7 , 2016 Owner Owner TI) ;OF LOS LTOS HILLS: Date: it , 2016 I.yor-John Harpootlian ATTEST: // . �'' City Clerk-Deborah Padovan Resolution 81-16 Page 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) COUNTY OF SANTA CLARA ) On B IR'tWl4 , before me, V \-tr foo.rk.r - 94t: -el , personally appeared ,Mcinae.k Sokokgk,,, , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person, or the entity upon behalf of which the person(s) acted, 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. u�a,, TYLER GARRETT PETTEY i#:., + Commission#2103551 z ..T0", ; Notary Public-California D r2fMIPL7f) �T `i�f Santa Clara County Signature: (Seal) 1. MY Comm.Ex fres Mar 17,2019 Resolution 81-16 Page 6 CALIFORNIA ALL-PURPOSE ACKNOWLEDMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) COUNTY OF SANTA CLARA ) On November 18, 2016, before me, Deborah L. Padovan, Notary Public, personally appeared John Harpootlian, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person, or the entity upon behalf of which the person(s) acted, 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. .., DEBORAH L.PADOVAN Commission#2104366 '. .3� Notary Public-California / / �' Santa Clara County Signature: . '` - (Seal) „ „ Comm. re: r 19,2019 Resolution 81-16 Page 7 I, Deborah Padovan, duly appointed City Clerk for the Town of Los Altos Hills, do hereby certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. WITNESS my hand and official seal. Deborah Padovan, City Clerk Date: November 18, 2016 Place: Town Hall Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Resolution 81-16 Page 8 RESOLUTION 81-16 Certified of the n.flf Los'Altos TOWN OF LOS ALTOS HILLS os Hills APPROVING AGREEMENT FOR OPEN SPACE EASEMENT_ (LANDS OF GOOD MOODYS,LLC) WHEREAS, Michael Sokolsky, Good Moodys, LLC ("Owner") owns the property commonly known as 25616 Moody Road (APN 336-31-001), Los Altos Hills, California; and WHEREAS, the Town has adopted a General Plan and, pursuant thereto, may accept grants of open space easements on privately owned lands lying within the Town; WHEREAS, the Owner has offered to enter into an agreement for open space easement attached to this Resolution as Attachment A("Agreement for Open Space Easement")to limit the use of a portion of the property in order to reduce potential adverse impacts on such land including grading,vegetation removal, and erosion; WHEREAS, the Town finds the Agreement for Open Space Easement to be consistent with the Town's General Plan and in the best interests of the Town; WHEREAS, the Owner and the Town recognize that the land subject to the Agreement for Open Space Easement is essentially unimproved and if retained in its natural state has substantial scenic value to the public and that the preservation of such land as open space constitutes an important physical, social, aesthetic and economic asset to the Town and the Owner; WHEREAS, the Agreement for Open Space Easement contains the appropriate restrictions and covenants to preserve the natural and scenic character of the land; and NOW,THEREFORE,the City Council of the Town of Los Altos Hills does RESOLVE as follows: The Town hereby accepts on behalf of the public, and for the purposes therein described, approves the Agreement for Open Space Easement attached to this Resolution as Attachment A; and the Mayor is hereby authorized and directed to execute the Agreement for Open Space Easement. The above and foregoing Resolution passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 17th day of November, 2016 by the following vote: AYES: Harpootlian, Waldeck, Corrigan, Radford, Spreen NOES: None ABSENT: None ABSTAIN: None BY: CJ hn Harpootlian, Mayor Resolution 81-16 Page 9 Resolution 81-16 Page 1 ATTEST: • - •eborah Padovan, City Clerk Resolution 81-16 Page 10 Resolution 81-16 Page 2 EXHIBIT "A" LEGAL DESCRIPTION FOR OPEN SPACE AND RIPARIAN EASEMENT A LANDS OF GOOD MOODYS, LLC 25616 MOODY ROAD, LOS ALTOS HILLS, CALIFORNIA An easement over all that certain real property, situate in the Town of Los Altos Hills, County of Santa Clara, State of California, being a portion of the Lands of Good Moodys, LLC, as described in that certain Grant Deed, recorded May 14, 2015 as Document Number 22950992, Official Records of Santa Clara County, all as shown on Exhibit "B" made a part hereof,more particularly described as follows: Beginning at the most Southern corner of said lands; thence along the westerly line of said lands North 22°31'47" West, 41.24 feet; thence leaving last said line North 52°18'13" East, 62.67 feet; thence South 37°41'47" East, 20.35 feet to the generally southerly line of said lands; thence along last said line South 37°28'13" West, 75.99 feet to the Point of Beginning. Containing 1,995 square feet,more or less. END OF DESCRIPTION Prepared by or under the supervision of: Cfr-THOLAMPNSD:1- . /1p .�Michael W. Th psonL.S. 9023 , CAL.10 G:\Correspondence\2015 JOBS\2150062 SU\2.150�62 QPEN�' CE EASEMENT LEGAL.docx Page 1 lPage 1 of 4 eso upon its; L AMoedit.MICHAEL R. pI THOMPSON a No. 023 , * LANDS OF F C OO O DD cF i]OODD YS9 LLC 10 ILAD�JD8 OF 19°C° [goo 2296o992 AN:ELD DAC�C O, I E. Ado (N53'30'E) �'� /''i' ,' '�'�=?'1813"E 3.S//' ./LANDS /OF 000D,' ;�_ w : .,�o, ,; ,',%% i]OOOE*6 ILLC" ,' ,/ M N :�" `Y �' DOC�o NOO o 2295Oogg2 ,' /'�' ►. N �i:// / 7,- / / ,,.• //////v / / // ffnfr) <=s- ' ' ./ �' ' / ,s3-72_,„—a...--- / W ' , �' , / , 75.99 POINT OF (S38'30 N) BEGINNING OPEN SPACE & RIPARIAN EASEMENT A 1,995± SQ.FT. LANDS OF TOWN OF LOS 1 ALTOS MILLS BASIS OF BEARINGS THE BEARING S48'04'47"E ALONG THE SOUTHWESTERLY LINE OF THE LANDS OF TAELEMANS AS SHOWN ON THAT CERTAIN RECORD OF 0 10 20 40 SURVEY FILED IN BOOK 804 OF MAPS, PAGE 50, SANTA CLARA / \ . _ COUNTY RECORDS, IS THE - BASIS OF ALL BEARINGS SCALE: 1" = 20' SHOWN UPON THIS MAP. EXHIBIT "B' LEA &:BRAZE ENGINEERING, INC. PLAT TO ACCOMPANY LEGAL DESCRIPTION CIVIL ENGINEERS • LAND SURVEYORS FOR OPEN SPACE AND BAY AREA REGION SACRAMENTO REGION RIPARIAN EASEMENT A 2495 INDUSTRIAL PKWY WEST 3017 DOUGLAS BLVD, # 300 LANDS OF GOOD MOODYS, LLC HAYWARD, CAUFORNIA 94545 ROSEVILLE, CA 95661 (P) (510) 887-4086 (P) (916)966-1338 25616 MOODY ROAD, LOS ALTOS HILLS, CA (F) (510) 887-3019 WW LEABRAZE .F) COM797-7363 JOB NO 2150062 SCALE: 1"= 20' R,.s„l,.l:,,u I!"1-16 a.g.,12 DRAWN BY: RM SHEET 2 OF 4 JUNE 2016 EXHIBIT "C" • LEGAL DESCRIPTION FOR OPEN SPACE AND RIPARIAN EASEMENT B LANDS OF GOOD MOODYS, LLC 25616 MOODY ROAD, LOS ALTOS HILLS, CALIFORNIA An easement over all that certain real property, situate in the Town of Los Altos Hills, County of Santa Clara, State of California, being a portion of the Lands of Good Moodys, LLC, as described in that certain Grant Deed, recorded May 14, 2015 as Document Number 22950992, Official Records of Santa Clara County, all as shown on Exhibit "D" made a part hereof,more particularly described as follows: Beginning at the most Eastern corner of said lands; thence along the generally Southeasterly line of said lands South 33°58'13" West, 56.03 feet and South 65°28'13" West, 123.10 feet; thence leaving said generally southeasterly line North 37°41'47" West, 28.61 feet; thence South 52°18'13" West, 8.61 feet; thence North 40°20'43" East, 22.35 feet; thence North 15°01'17" East, 11.26 feet; thence North 22°00'57" East, 24.34 feet; thence North 52°40'22" East, 31.55 feet; thence North 63°00'52"East, 26.37 feet; thence North 84°41'08" East, 37.24 feet; thence North 20°18'09" West, 5.93 feet; thence North 1°51'38" East, 23.51 feet; thence North 20°51'17" East, 13.60 feet to a point on the Northeasterly line of said lands; thence along last said line South 48°04'47" East, 69.73 feet to the Point of Beginning. Containing 0.23 acres, more or less. END OF DESCRIPTION Prepared by or under the supervision of LAND / f(6 v MICHAEL►�/; �� Michael W.Tho son rHDMpSDN L.S. 9023 ! NO,9023 OF CALIFOPN\P G:\Correspondence\2015 JOBS\2150062 5U\2150062 OPEN SPACE EASEMENT LEGAL.docx Page 3 of 4 Resolution 81-16 Page 13 N /S g=let. 00� 50 ICHAEL W.• p C THOMPSON 9 O O No.9029 (11 F �� N52'40'22"E N20'51'17''E Tn] 13.60' B- 2-2-412-41N01'5138E. 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LA DS OF TOWN N /5;.v6A-A, OPEN SPACE & �� 56,03 OF LOS S ALTOO S RIPARIAN EASEMENT B ELLS, 0.23± ACRES BASIS OF BEARINGS THE BEARING S48'04'47"E \ ALONG THE SOUTHWESTERLY LINE OF THE LANDS OF V0 15 30 60 TAELEMANS AS SHOWN ON \ THAT CERTAIN RECORD OF / SURVEY FILED IN BOOK 804 OF MAPS, PAGE 50, SANTA CLARA SCALE: 1" = 3O' BASISCOUNTY RECORDS, E OF ALBEARINGS SHOWN UPON THIS MAP. EXHIBIT "D' LEA &.BRAZE ENGINEERING, INC. PLAT TO ACCOMPANY LEGAL DESCRIPTION CIVIL ENGINEERS • LAND SURVEYORS FOR OPEN SPACE AND BAY AREA REGION SACRAMENTO REGION RIPARIAN EASEMENT B 2495 INDUSTRIAL PKWY WEST 3017 DOUGLAS BLVD, # 300 LANDS OF GOOD MOODYS, LLC HAYWARD, CALIFORNIA 94545 ROSEVILLE, CA 95661 (P) (510) 887-4086 (P) (916)966-1338 25616 MOODY ROAD, LOS ALTOS HILLS, CA (F) (510) 887—W,W.LEABRAZ3019 E. COM797-7363 JOB NO 2150062 SCALE: 1"= 30' Resolution_]-L6 Pae 14 DRAWN BY: RM SHEET 4 OF 4 JUNE 2016