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HomeMy WebLinkAbout88-16 RESOLUTION 88-16 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (LANDS OF BAVOR) WHEREAS, Clayton W. and Nancy C. Bavor ("Owner") owns the property commonly known as 13816 Page Mill Road(APN 182-08-034), 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 17`h day of November, 2016 by the following vote: AYES: Harpootlian, Waldeck, Corrigan, Radford, Spreen NOES: None ABSENT: None ABSTAIN: None Resolution 88-16 Page 1 BY: �hn Harpootlian, Mayor ATTEST: & -Deborah Padovan;.City Clerk Resolution 88-16 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 17 qday of October, 2016, by and between Clayton W. and Nancy C. Bavor, ("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 13816 Page Mill Road,Los Altos Hills,California(Assessor's Parcel Number 182-08-034). 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 88-16 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: 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 88-16 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: October I 2016 ' ' " Clayto . SWIFT � PLEASE SEE NOTARY ATTACHMENT ' a y C. Bay" TOWN OF LOS ALT S HILLS: Date: if`hp,p , 2016 Mayo ATTEST: City Clerk-Deborah Padovan Resolution 88-16 Page 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 C..w•.w .� •_A..w..ir..�A•.A.A.A-.A-.A'A-.A'.A•.w'.Af7fS.A �('i1•.w .A.w.A.A-.A.A..w..A.A..A'.A.w-.w-.A.w. 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 OCT. 17,2016 before me, MAULIK ANIL PANDIT, NOTARY PUBLIC , Date Here Insert Name and Title of the Officer personally appeared CLAYTON W. BAVOR SR. AND NANCY C. BAVOR Name(s) of Signer(s) 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(s), 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 .�uunuuwuuuuuuunuuuununuuuunnuuI1I11 h uuuummme is true and correct. ,� �, MAULIK ANIL PANDIT E WITNESS my hand and official seal. ss CCOMM.#2089752 LL -��-'�h�,. NOTARY PUBLIC 82 (.., i ;/ SANTA CLARA COUNTY — , o- . MY 6amm.Exp:Bee.10 2018 Signature ItlllllhlllllllllllllllllUAIIIIIII11111111AlIlAllllllll1111BIBII(IIIIIIIIIIIIIII� Signature of Notary Public Place Notary Seal Above OPTIONAL. Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an uninttded document. Description of Attached Document O,,2,,4 S e_ C 9,e,,,.A pe,,, 4 Title or Type of Document: ,t t r'e'-cm el' 1—'0It D Document Date: 0C 1 ' i'- i 2-0 16 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑General ❑ Partner — 0 Limited ❑General ❑Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact El Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: :'ei '✓.'.`ri.:'ris-c--eirei.-�•-v-ev'a'-u.'-d-.e.'•e+_•a+-'.r.-a..-y-y.-,v4:,a� :�:�:�:�:`. ''ei•a-ei.-a.'•ei'.e�.a--e1'.-r-e..-y.-y•.ai•y y. ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 Resolution 88-16 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 .4 Commission#2104366 ,�,�,/ �� ;:, Notary Public-California = Signature: &. ; (Seal ' ^` , — �`' Santa Clara County fd Comm.E fres r 19,2019 Resolution 88-16 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 88-16 Page 8 RESOLUTION 88-16 Certified as a true copy By RESOLUTION OF THE CITY COUNCIL OF THL Ity Clerk of the Town-of Los Altos Hills TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (LANDS OF BAVOR) WHEREAS, Clayton W. and Nancy C. Bavor ("Owner") owns the property commonly known as 13816 Page Mill Road (APN 182-08-034), 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 17`h day of November, 2016 by the following vote: AYES: Harpootlian, Waldeck, Corrigan, Radford, Spreen NOES: None ABSENT: None ABSTAIN: None Resolution 88-16 Page 9 Resolution 88-16 Page 1 BY: hn Harpootlian, Mayor ATTEST: Deborah Padovan, City Clerk Resolution 88-16 Page 10 Resolution 88-16 Page 2 EXHIBIT "A" LEGAL DESCRIPTION FOR OPEN SPACE EASEMENT LANDS OF BAVOR 13816 PAGE MILL ROAD TOWN OF LOS ALTOS HILLS, SANTA CLARA COUNTY, CALIFORNIA AN EASEMENT SITUATE IN THE TOWN OF LOS ALTOS HILLS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, OVER A PORTION OF LAND DESCRIBED IN THAT CERTAIN DEED, FILED AUGUST 11, 2004 AS DOCUMENT No. 17945501 OF OFFICIAL RECORDS OF SANTA CLARA COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTHWESTERLY RIGHT OF WAY LINE OF FAWN CREEK COURT AT THE SOUTHEASTERLY TERMINUS OF A COURSE SHOWN AS "N 72°26'24"W 53.01 FEET"AS SHOWN ON THAT CERTAIN MAP,FILED SEPTEMBER 16, 1985 IN BOOK 549 OF MAPS,AT PAGES 13-14,OFFICIAL RECORDS OF SANTA CLARA COUNTY, STATE OF CALIFORNIA; THENCE ALONG THE EASTERLY, NORTHERLY AND WESTERLY LINES OF LOT 6,AS SAID LOT IS SHOWN ON SAID MAP THE FOLLOWING FOUR(4)COURSES: 1) N 72°26'24"W 53.01 FEET;THENCE 2) N 47°12'24"W 145.01 FEET;THENCE 3) S 83°40'36"W 174.74 FEET;THENCE 4) S 06°35'24"E 23.39 FEET; THENCE LEAVING SAID WESTERLY LINE OF SAID LOT 6, S 85°55'36"W 23.52 FEET;THENCE S 78°12'18" W 18.72 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A CENTRAL ANGLE OF 30°20'22" AND A RADIUS OF 25.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE 13.24 FEET; THENCE N 71°27'20" W 19.85 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A CENTRAL ANGLE OF 35°30'50" AND A RADIUS OF 25.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE 15.50 FEET; THENCE N 35°56'30"W 32.49 FEET TO THE BEGINNING OF A TANGENT CURVE,CONCAVE NORTHEASTERLY,HAVING A CENTRAL ANGLE OF 11°01'36" AND A RADIUS OF 25.00 FEET;THENCE NORTHWESTERLY ALONG SAID CURVE 4.81 FEET;THENCE N 24°54'54" W 68.67 FEET TO A POINT IN THE NORTHWESTERLY LINE OF LAND DESCRIBED IN THE ABOVE MENTIONED DEED; THENCE ALONG SAID NORTHWESTERLY LINE N 70°46'36" E 85.92 FEET; THENCE LEAVING SAID NORTHWESTERLY LINE S 01°45'11"W 6.63 FEET; THENCE S 73°30'23"E 14.68 FEET; THENCE S 05°17'29 E 23.11 FEET; THENCE S 72°10'14" E 3.43 FEET; THENCE S 85°53'12" E 36.57 FEET; THENCE N 86°10'25" E 82.87 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A CENTRAL ANGLE OF 10°42'34" AND A RADIUS OF 200.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE 37.38 FEET;THENCE S 83°07'01"E 29.08 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A CENTRAL ANGLE OF 33°05'05" AND A RADIUS OF 25.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE 14.44 FEET; THENCE S 50°01'56" E 26.39 FEET; THENCE S 51°46'25" E 42.98 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A CENTRAL ANGLE OF 13°03'05" AND A RADIUS OF 200.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE 45.56 FEET; THENCE S 38°43'20"E 4.26 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A CENTRAL ANGLE OF 19°22'55" AND A RADIUS OF 200.00 FEET;THENCE SOUTHEASTERLY ALONG SAID CURVE 67.66 FEET;THENCE S 58°06'15" E 45.67 FEET TO A POINT IN SAID NORTHWESTERLY LINE OF FAWN CREEK COURT; THENCE ALONG SAID Page 1 of 4 Resolution 88-16 Page 11 NORTHWESTERLY LINE OF.SAID FAWN CREEK COURT S 42°1O'36" W 18.71 FEET TO THE POINT OF BEGINNING. THE BASIS OF BEARINGS FOR THE ABOVE DESCRIPTION IS IDENTICAL TO THAT SHOWN ON THAT CERTAIN MAP FILED SEPTEMBER 16, 1985 IN BOOK 549, AT PAGES 13-14, SANTA CLARA COUNTY RECORDS, CALIFORNIA. THE ABOVE DESCRIPTION IS SHOWN ON EXHIBIT"B"; BY THIS REFERENCE MADE A PART HEREOF. CONTAINING 29,787 SQUARE FEET,MORE OR LESS. END OF DESCRIPTION PREPARED BY OR UNDER - - THE SUPERVISION OF: ;, � S(,, \ 1®•12.14 NDBR A. O ALEX, t- A.ABAYA,PLS 8855 OCT. 12,2016 U �ABA�A �* Cz N0.8655 o� / '0;0' Page 2 of 4 Resolution 88-16 Page 12 lo LANDS OF BREDO MOON_ � "in __ NE (30' _WIDE) _ (PRIVATE ROAD) In — — (S70'38'W 188.39')(2) N25'46 36 S70'46' "W 595.90' E 70•46'8'W)(2) N70'46'36"v 193.30' 42.43'(S25'38'W)(2) 2 ��L1 L __A---..._L2 OPEN SPACE LEGEND ���, �� EASEMENT BOUNDARY LINE �, 29,787 SQ. FT +/- �7 V-20` L • ADJACENT PROPERTY LINE o, _A;., u8'..‘ C OPEN SPACE EASEMENT 1 � - - CENTERLINE ".. ‘,�'�o r6 1 PER 549 MAPS 13 ��' •� (•;\ C ((23 DEED DOC. 17945501 7� ; � �/-1i J S83 40 - C5J S . 36 '��' N 833?'W W >74.7 ,�O 124 95 4 •1 LANDS OF BAVOR _* >�`�,d rJ �4,�...It) J DOC. N O. 17945501 ;frV: LANDS OF REPKA �' ' 9.00 N/*_M •`� ' <(5) s��"' \o/„, ^c� TRACT OT 6 NO. 7762 ' '1'r•�� 11U A ,NDER A. •• 549 MAPS 13 �,CL� r�'��� �B�v� CO �Jr'� ��I`11 eess 4, ; : 6j�7�. i \ N72'26'24"W 53.01'(1) J • 2 V V O ' P N72'35'W)(2) . O (4,1 •1).-- � POINT OF BEGINNING � � 6O 0 40 80 160 4 N. SCALE' 1" - 80' i \ \ EXHIBIT "B" 114. LEA & BRAZE ENGINEERING, INC. PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR CIVIL ENGINEERS • LAND SURVEYORS OPEN SPACE EASEMENT BAY AREA REGION SACRAMENTO REGION FOR 13816 PAGE MILL ROAD o 2495 INDUSTRIAL PKWY WEST 3017 DOUGLAS BLVD, #300 w HAYWARD, CAUFORNIA 94545 ROSEVILLE, CA 95661 LOS ALTOS HILLS, SANTA CLARA COUNTY, (P) (510) 887-4086 (P) (916)966-1338 (F) (510) 887-3019 (F) (916)797-7363 CALIFORNIA WWW.LEABRAZE.COM APN: 182-08-034 JOB 2150878Cl/2150758SU PAGE 3 OF 4 DRAWN BY: M.J. WALTERS SEPT. 2016 LINE TABLE CURVE TABLE LINE BEARING DIST. CURVE DELTA RADIUS LENGTH L1 N70'46'36"E 85.92' C1 10'42'34" 200.00' 37.38' L2 S01'45'11"W 6,63' C2 33'0 ,'05" 25.00' 14.44' L3 S73'30 23 E 14.68' C3 13'03 05 200.00' 45.56' L4 S0517'29"E 23.11' C4 1922'55" 200.00' 67.66' L5 S72'10'14"E 3.43' C5 30'20'22" 25.00' 13.24' L6 585'53'12"E 36.57' C6 35'30'50" 25.00'n15.51'1:4, L7 N86'10'25"E 82.87' ' C7 11'01'36" 25.00' 4.8 L8 S83'07'01"E 29.08' L9 S50'01'56"E 26.39' L10 S51'46'25"E 42.98' L11 S38'43'20"E 4.26' L12 558'06'15"E 45.67' L13 S42'10'36"W 18.71' L14 S06'35'24"E 23.39' L15 S85'55'36"W 23.52' •� E . L16 578'121$ W 18.72 L17 N71'27'20"W 19.85'0. L18 N35'56'30"W 32.49' �° L19 N24'54'54"W 68.67' EXHIBIT "B" 4.4 LEA & BRAZE ENGINEERING, INC. PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR 'V CML ENGINEERS • LAND SURVEYORS OPEN SPACE EASEMENT A BAY AREA REGION SACRAMENTO REGION FOR 13816 PAGE MILL ROAD 2495 INDUSTRIAL PKWY WEST 3017 DOUGLAS BLVD, + 300 .A. HAYWARD, CALIFORNIA 94545 ROSEVILLE, CA 95661 LOS ALTOS HILLS, SANTA CLARA COUNTY, (P) (510) 887-4086 (P) (916)966-1338 (F) (510) 887-3019 (F) (916)797-7363 CALIFORNIA WWW.LEABRAZE.COM APN: 182-08-034 JOB 2150878Cl/2150758SU PAGE 4 OF 4 DRAWN BY: M.J. WALTERS SEPT. 2016