HomeMy WebLinkAbout06-19RESOLUTION 06-19
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(LANDS OF DELIA)
WHEREAS, Jennifer Delia and James Delia ("Owner") own the property commonly known as
26880 Ortega Drive, Los Altos Hills, California (APN 175-33-020); 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 special meeting held on the 31 st day of January, 2019 by the following vote:
AYES: Spreen, Wu, Corrigan, Tankha, Tyson
NOES: None
ABSENT: None
ABSTAIN: None
BY:
Roger Sereen, Mayor
Resolution 06-19 Page 1
ATTEST:
Deborah Padovan, City Clerk
Resolution 06-19
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 15th day of January, 2019, by and between Jennifer Delia AND James
Delia, ("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 26880 Ortega Drive, Los Altos Hills, California (APN 175-33-020).
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 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:
Resolution 06-19 Page 3
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
Santa Clara, State of California, over the real property described and shown as Exhibit A,
(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 subi ect to all of the
provisions of said sections and chapters including any amendments thereto which ma
Y
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 y purpose other
than an open space 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 subj ect 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 any improvements on or
within the Property except for public and private utilities (excluding solar panels), paths
dedicated to the Town, approved drainage installations, sanitary sewer installations or an
approved septic system, and maintenance of these improvements, 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 the existing
vineyard which may remain (any expansion shall not encroach into
the Open Space Easement); 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 thepurposes
Resolution 06-19 Page 4
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.
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.
Date: 12019
Date: 2019
ATTEST,:,....'
Deborah Padovan City Clerk
ZAAA A
Jen/niker Deiloa
James Deli
TOWN OF LOS ALTOS HILLS-,.
A
Roger *$Vreen, Mayor
Resolution 06-19 . 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
J
On February 1, 2019, before me, eboyexli Notary Public, personally
appeared Roger Spreen, 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.
Resolution 06-19 Page 6
. . . . . . OR
_.0_wtqA'-
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
F-)
On �j ;::�A t cir k/ before me�Z�I''�r
no,, A-Ivi V ���(G
date Here Insert Nami and Title", o the Officer'
personally appeared I �__ C�(1a En n i VV t__.Vj
Name(s) of Signer(s)
who proved ' to me on the basis of satisfactory evidence to be the person(s) whose name(s) 4&/are
subscribed to the within instrument and acknowledged to me that he�sk�e/they executed the same in
bi&4ier/their authorized capacity(ies), and that by hI&A%f/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the LState of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature �-�� `���� Y���.-��� J � � ,�
Signature of Notary Public
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to ap unintended document.
Description of Attached Document
Title or Type of Document: - 00,42-n VC'6C11e_E<'aSeM�0ocu m,ent Date:
, k 1 .tjLv I -
21
Number of Pages: Signer(s) Otier Than Named Above: P-,() -er 90reeln
I
Capacity(ies) Claimd by Signer(
Signer's Name: 1
El Corporate Officer — Title(s):
F-1 Partner — El Limited El General
,P Individual El Attorney in Fact
El Trustee F] Guardian or Conservator
F-1 Other:
Signer Is Representing:
Signer's Name: L °2i'��l (�2.f' � I a
El Corporate Officer — Title(s):
F-1 Partner — 0 Limited F]'General
>�Individual El Attorney in Fact
El Trustee El Guardian or Conservator
❑ Other:
Signer Is Representing:
02014 National Notary Association a www.NationalNotary.org @1 -800-US NOTARY (1-800-876-6827) Item #5907
Resolution 06-19 Page 7
RESOLUTION 06.49
^ --A
%oenffled as' true' copy
By
C&
ity Clerk of the Tow s Hills
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE. EASEMENT
(LANDS OF DELIA)
WHEREAS, Jennifer Delia and James Delia ("Owner") own the property commonly* known as
26880 Ortega Drive, Los Altos Hills, California (APN 175-33-020); 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 Res ' olution 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 ecognize 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 a ' s 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 special meeting held on the 31 st day of January, 2019 by the following vote:
AYES: Spreen, Wu, Corrigan, Tankha, Tyson
NOES: None
ABSENT: None
ABSTAIN: None
BY:
Roger Soreen, Mayor
Resolution 06-19 Page 8
Resolution 06-19 Page 1
ATTEST:
Deborah Padovan, City Clerk
Resolution 06-19
Resolution 06-19
Page 9
Page 2
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 fore -going is true and correct. -
WITNESS my hand and official seal.
Deborah Padovan, City Clerk
Date: February 1, 2019
Place: Town Hall
Town of Los Altos Hills
2.6379 Fremont Road
Los Altos Hills, CA 94022
Resolution 06-19 Page 10
r r: •
LEGAL DESCRIPTION FOR
OPEN SPACE EASEMENT
26880 ORTEGA DRIVE,
LOS ALTOS HILLS, SANTA CLARA COUNTY,
CALIFORNIA
AN EASEMENT OVER A PORTION OF LOT 10, BLOCK B AS SHOWN ON THE MAP ENTITLED "TRACT
NO. 1848 FREMONT HILLS UNIT NO. 155
, RECORDED JANUARY 16, 19579 IN BOOK 76 OF MAPS AT
PAGES 12-14, OFFICIAL RECORDS OF SANTA CLARA COUNTY, STATE OF CALIFORNIA, DESCRIBED
AS FOLLOWS:
BEGINNING AT THE MOST SOUTHEASTERLY CORNER OF SAID LOT 10; THENCE ALONG THE
SOUTHERLY LINE OF SAID LOT 10, SOUTH 58042'29" WEST 41.75 FEET TO THE BEGINNING OF A
NON -TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A CENTRAL ANGLE OF 34003'3 1", A
RADIUS OF -25.00 FEET AND A RADIAL BEARING OF SOUTH 65°08'48" WEST; THENCE LEAVING SAID
SOUTHERLY LINE OF SAID LOT 10, NORTHEASTERLY ALONG SAID CURVE 14.86 FEET; THENCE
NORTH 09012'19" EAST 73.37 FEET; THENCE NORTH 13003'18" EAST 40.00 FEET; THENCE NORTH
03035'54" EAST 29.28 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF ORTEGA
DRIVE, AS SAID RIGHT OF WAY IS SHOWN ON SAID MAP; THENCE ALONG SAID LINE, NORTH
90000'00" EAST 46.00 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 10; THENCE ALONG
THE SOUTHEASTERLY LINE OF SAID LOT 10, SOUTH 1300311859 WEST 136.98 FEET TO THE POINT OF
BEGINNING.
CONTAINING 59825 SQUARE FEET, MORE OR LESS,
THE ABOVE DESCRIPTION IS SHOWN ON EXHIBIT "B" AND BY THIS REFERENCE MADE A PART
HEREOF.
END OF DESCRIPTION
PREPARED BY OR UNDER
THE SUPERVISION OF:
/v /,, 1
10-09-18
MICHAEL J. W RS, PLS 5528 DATE
Page I of 2
Resolution 06-19 Page 11
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