HomeMy WebLinkAbout34-19RESOLUTION 34-19
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(LANDS OF LGM INVESTMENTS, LLC)
WHEREAS, LGM Investments, LLC ("Owner") own the property commonly known as 12175
Edgecliff Place, Los Altos Hills, California (APN 336-28-023); 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 20th day of June 2019 by the following vote:
AYES: Spreen, Wu, Corrigan, Tankha, Tyson
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 34-19 Page 1
ATTEST:
Deborah Padovan, City Clerk
BY:
Roger preen, Mayor
Resolution 34-19
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 1 st day of May, 2019, by and between LGM Investments,, 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 12175 Edgecliff Place, Los Altos Hills, -California (APN 3 3 628-
023).
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 Jand 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 34-19
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 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 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:
I
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
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.
Resolution 34-19 Page 4
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.
OWNER:
Date: -t 21���. .
,,4 52019
LGM Inv`ee- rents L
IFS
PLEASE SE1
Date: 2019
ORK
� pty NO "I, 10
Roger Wreen., fayor
Resolution 34-19 Page 5
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. MAY 2, 2019 before me, VIOLETA M. SANTA GADEA LOPEZ
Date Here Insert Name .and Title of the Officer
personally appeared
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the persons. whose name(eis/arb
. �(
subscribed to the within instrument and acknowledged to me thatfi6/she/oey executed the same in
�i-5%lier/th,uthorized capacity that byand )A&Iher/jhthir signatur ion the instrument the persoperson!or the en int upon behalf of which the person(p. act ed, executed the instrument.
110,
Violeta M. Santa Gadea Lopez
n
COMM. #2221353
NOTARY PUBLIC - CALIFORNIA
SANTA CLARA COUNTY
My'Comm. Exp. NOV. 10, 2021.
11111 Jill 1111111111111110
Place Notary Seal Above
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.
Signature
Signature of tary Public
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached D'ocU7e_n_1t
Title or Type of Document: Document Date:
AOIck ��. —ICA
Number of Pages: Signers)Other Than Named Above: , �
Capacity(ies) Claimed by Signer(s)
Signer's Name:
0 Corporate Officer — Title(s):
❑ Partner — ❑ Limited F] General
El Individual 0 Attorney in Fact
❑ Trustee F1 Guardian or Conservator
r-1 Other:
Signer Is Representing:
Signer's Name:
D Corporate Officer — Title(s):
F-1 Partner — El Limited F-1 General
❑ Individual 0 Attorney in Fact
1-1 Trustee El Guardian or Conservator
F-1 Other:
Signer Is Representing:
Resolution 34-19 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 June 21, 2019, before me, Deborah L. Padovan, 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.
DEBORAH L. PADOVAN
Notary. Public - California
Z 4 Santa Clara Gouty
Signature: (Seal) Z 4 Commission # 2282419
My Comm. Expires Apr 19, 2023
Resolution 34-19 Page 7
Certified as a true copy
RESOLUTION 34-19 By 0
L
City Clerk of 'the" Town% -of Los Altos Hills
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(LANDS OF LGM INVESTMENTS, LLQ
WHEREAS, LGM Investments, LLC ("Owner") own the property commonly known as 12175'
Edgeeliff Place, Los Altos Hills, California (A.PN 336-28-023); 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
open
important physical, social, ae.sthetic 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 Ag'eement 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 20th day of June 2019 by the following vote:
AYES:
Spreen, Wu, Corrigan, Tankha, Tyson
NOES:
None
ABSENT:
None
ABSTAIN:
None
Resolution 34-19 Page 8
Resolution 34-19 Page 1
ATTEST:
Deborah Padovan, City Clerk
BY:
Roger preen, Mayor
Resolution 34-19 Page 9
Resolution 34-19 Page 2
Exhibit "A"
Legal Description
A parcel of land situate in the town of Los Altos Hills,. County of Santa Clara, State of California being a
portion of the land described as Parcel One of the deed to LGM Investment, LLC, recorded November
17, 2017 as Document #23807510 in the Clerk -Recorder's Office of said County and State, described as
follows:
Beginning at a point on the southerly line of said Parcel One distant North 84000'20" West 164.42"
(North 83056"50" West per said deed) from the southeast corner of said Parcel One;
Thence along said southerly line North 84000'20" West 15.66' to an angle point in said Parcel One
boundary;
Thence continuing along the boundary lines of said Parcel One the following five (5) courses:
North 40'26'15" West 295.87';
Thence North 44'053'10" West 69.341;
Thence North 10048'50" East 22.241;
Thence South 79011-'10" East 20.00';
Thence South 60020'54" East 290.761;
Thence leaving said boundary line, the following four (4) courses:
South 13055"32," East 18.24';
Thence South 8c24'57" West 25.62";
Thence South 15051'51'-' East 58.25;
Thence South 35038'15" West 62.89' to the .Point of Beginning.
Total Area: 29,,397 Square Feet
fl
This legal description is based on a boundary survey by Wilson Land Surveys, Inc. Exhibit "B" (attached)
is to be used to retrace the lines in this description.
Koen Wilson, PLS 9440
Sheet 1 of 2
Resolution 34-19 Page 10
S79. 1 Jon
20.00-- E
.24,
ov�
Q k-1
. k-tvl;
PARCEL A
437 M 10
APN 336-
30-078 /
EXHIBIT 3
PLAT TO ACCOMPANY LEGAL DESCRIPTION
DOC. NO. 22367104
APN: 336-28-069
S600
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5 3,2 1
lie,
51.0 /25."612
Ln S83*54'57"E
oN. 20.00"
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LOT 1 N
145 M 39
APN 336-28-050
IHIC SCALE
60 120
IN FEET
^*k — Ar) f+
10.00"
J,
0
0
00
..A RVIII
ry, POINT OF
BEGINNING
CL
164-421
N84,9 00 20 - I : 80.08$
(N83.56"50$1 w
W
SO
LL.
LL
PER 00C#23807510)
LU
40'* RIGHT— OF--WAyLi
PER DOCIJMENT NO. EASEMENT
20p 20
2380751 0 1
Dct-\r-\ 1 IN k-10 /-\N IJ IJI Z-) I MIN 0 /A I -)r -u VIN
CORNER RECORD #2945, FILED
4/13/2018 IN THE OFFICE OF THE
COUNTY SURVEYOR OF SANTA CLARA
COUNTY.
LEGEND
SCRIBED PARCEL
(29t397 SQ FT)
WIC
261 CARLTON COURT
LOS GATOS. CA 95032
(408)-427-2279
EMAIL: KOENWOWLSONLANDSURVEYS.COM
WWW.WLSONLANDSURVEYS.COM)
Resolution 34-19 Page 11