Loading...
HomeMy WebLinkAbout91-16 RESOLUTION 91-16 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (Lands McNish) WHEREAS, Ian McNish Trustee ("Owner") owns the property commonly known as 24183 Dawnridge Drive, 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 ("Open Space Easement Agreement") 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 Open Space Easement Agreement 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 Open Space Easement Agreement 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 Open Space Easement Agreement 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 Open Space Easement Agreement attached to this Resolution as Attachment A; and the Mayor is hereby authorized and directed to execute the Open Space Easement Agreement. The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a special meeting held on the 15th day of December, 2016 by the following vote: AYES: Harpootlian, Waldeck, Corrigan, Radford, Spreen NOES: None ABSTAIN: None ABSENT: None BY: o n Harpoothan, Mayor Resolution 91-16 Page I ATTEST: Deborah Padovan, City Clerk Resolution 91-16 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 by and between the IAN MCNISH REVOCABLE TRUST ("Owner") and the TOWN OF LOS ALTOS HILLS, a municipal corporation ("Town"), together the "Parties," on the following terms and conditions. RECITALS A. Owner owns that certain real property in the Town of Los Altos Hills commonly known as 24183 Dawnridge Drive, Los Altos Hills, California (the "Property"). (APN 336-18027). B. Located on a portion of the Property is a riparian corridor associated with Hale Creek and a number of Heritage Oak Trees located in or near the corridor which the Parties desire to protect though an open space easement. C. Town has adopted a General Plan, including an Open Space and Recreation Element, and pursuant thereto may accept grants of open space easements on privately owned lands lying within the Town. D. Town finds this open space easement to be consistent with the Town's General Plan and in the best interests of the Town. E. The Parties desire to limit the use of the portion of the Property relating to the creek 'and associated riparian area described in Exhibit A attached hereto (the "Easement Area"), by dedication of an open space easement in order to reduce potential adverse impacts in the Easement Area, including impacts from grading, vegetation removal, erosion, or similar activities. F. The Parties recognize that the Easement Area is essentially unimproved and that preservation in its natural state as open space will provide important physical, conservation, scenic, and aesthetic benefits to the Town and to Owner. 4833-9051-2949.0 Resolution 91-16 Page 3 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 Santa Clara, State of California,over the real property described and shown as Exhibit A,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 chapter including any amendments thereto which may hereafter be enacted. 3. Restrictions on Use of Easement Area. During the term of this Agreement and the open space easement granted herein, the Easement Area shall not be used for any purpose other than an open space easement and those uses related to or compatible therewith, including but not limited to passive recreational use by Owner, such as removable seating and removable tables for family meals, walking in the Easement Area, and planting and maintenance activities. Owner, for the direct benefit of the Property, hereby declares that the Property shall be subject to the following restrictive covenants that shall run with the land and be binding upon all subsequent grantees against the following: a. Construction of any improvements on or within the Easement Area except for public and private utilities (excluding solar panels),approved drainage installations, sanitary sewer installations, repair or replacement of the bridge across the creek provided it is not increased substantially in size or scale, an approved septic system, or boundary fencing that is consistent with the Town's ordinances, 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 Easement Area; b. Extraction of natural resources or other activities which may damage or destroy the unique physical and scenic characteristics of the Easement Area; C. Grading within the Easement Area for reasons other than attendant to permitted uses including but not limited to drainage improvements and underground utilities; d. Cutting of vegetation in the Easement Area, except as may be required for fire prevention, thinning, elimination of diseased growth, removal of invasive or non-native species and similar measures; e. Plantings in the Easement Area other than native vegetation;and f. Erection of structures in the Easement Area other than any improvements authorized by Paragraph 3(a)herein. 4. Exceptions. The City Council 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 4333-9051-2949. Resolution 91-16 !Sa4ge 4 Easement Area. 5. Restrictions on Public Use. Notwithstanding any change in law, the public shall not have a right of entry upon or any use of the Property or the Easement Area. The right of entry and surface use is limited solely to the Town, and only for the purpose of inspection of the condition of the Easement Area for purposes of consistency with this Agreement,for which at least twenty-four(24)hours' advance notice shall be provided to Owner. The Town assumes responsibility and liability for any damage or injury caused by the Town's inspection activities. 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 subject to Government Code Sections 51093 and 51094 or any successor legislation, provided that for purposes of said Sections the land subject to the easement shall be only the Easement Area and not the entire Property. Recording shall occur upon or after issuance of the grading/building permit for the project. 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: August 2016 Ian McNish, Trustee The Ian McNish Revocable Trust dated December 11, 2013 TOWN LOS ALTOS HILLS: Date: �e(eln'l /10 , 2016 Mao John Ylarpootlian ATTEST: Deborah Padovan City Clerk, Town of Los Altos Hills 4833-9051-2949.v4 Resolution 91-16 Page 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 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 SAUVA GL } On -AUGUS-r, r r, 2azt1., before me, NI NA g,Od-lDPr Lj_ , NSR R`4 Date Here Insert Name and Title of the Officer personally appeared GcQW4 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person} whose nameis .Ae subscribed to the within instrument and acknowledged to me that&sil@/tNy executed the same in /Nr/their authorized capacityNs),and that b9oVker/keir signature( on the instrument the person, or the entity upon behalf of which the personNI 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. NINA RANOALL WITNESS my hand and official seal. Commission- 2130399 Notary Public-California z : Santa Clara County n Signature f41y Comm.Expires Oct 120 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 unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: W. 3 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 — ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item#5907 Resolution 91-16• 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 December 16, 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 .t Commission#F 2104366 Signature: (Seal) a Notary Public-Calitornla Santa Clara County Comm.Mires W19,2019 Resolution 91-16 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: December 16, 2016 Place: Town Hall Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Resolution 91-16 Page 8 Certified as a true copy RESOLUTION 91-16 BY RESOLUTION OF THE CITY COUNCIL OF THE City Clerk of the Town of Los Altos HI TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (Lands McNish) WHEREAS, Ian McNish Trustee ("Owner") owns the property commonly known as 24183 Dawnridge Drive, 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 ("Open Space Easement Agreement") 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 Open Space Easement Agreement 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 Open Space Easement Agreement 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, Open Space Easement Agreement 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 Open Space Easement Agreement attached to this Resolution as Attachment A; and the Mayor is hereby authorized and directed to execute the Open Space Easement Agreement. The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a special meeting held on the 15th day of December, 2016 by the following vote: AYES: Harpootlian, Waldeck, Corrigan, Radford, Spreen NOES: None ABSTAIN: None ABSENT: None BY: { , n Harpootlian, Mayor P Resolution 91-I6 Page 9 ATTEST: Deborah Padovan, City Clerk Resolution 91-16 Page 10 EXHIBIT "A" LEGAL DESCRIPTION Open Space Easement Lands of McNish 24183 Dawnridge Drive, Los Altos Hills, CA AN EASEMENT OVER REAL PROPERTY situated in the Town of Los Altos Hills, County of Santa Clara, State of California being an irregular-shaped strip of land hereby designated as an Open Space Easement located entirely within that certain 1.003±acre parcel of land identified as Parcel B of that certain Parcel Map filed for Record December 16, 2014, in Book 878 of Maps, at Pages 53 and 54 in the Records of Santa Clara County, said Parcel Map being a Lot Line Adjustment of Lots 13 and 14 of that certain Map of Tract No. 1288 - Crestwood, recorded June 7, 1954 in Book 50 of Maps, at Page 34, in the Records of said County, the herein described Open Space Easement being more particularly described as follows: Commencing at a Town of Los Altos brass disc survey monument in a monument well in the centerline of Dawnridge Drive, formerly Dawnridge Road, 50 feet wide, found at the southerly frontage of said Parcel B, said brass disc marking the westerly terminus of that certain centerline circular curve having the Radius of 250.00 feet as said line, curve and monument are shown on said Parcel Map, and from which point a similar monument found in the centerline of said Dawnridge Drive and marking the easterly terminus of said 250.00 foot Radius curve bears, South 750 06'30" East, 276.51 feet; thence, departing said centerline of Dawnridge Drive on a radial bearing, North 180 41'00" West, 25.00 feet to the southerly line of said Parcel B, and the TRUE POINT OF BEGINNING for the herein described Open Space Easement, thence in a clockwise direction around the perimeter of said Easement the following sixteen (16) courses and distances: 1.) South 71' 19'00" West, 72.56 feet along the northerly right-of-way line of said Dawnridge Drive to a point of circular curve; thence, 2.) 33.60 feet along the Arc of said tangent curve to the right, having a Radius of 275.00 feet, a Central Angle of 07° 00'00" and a Long Chord which bears, South 740 4859" West, 33.58 feet to southwest corner of said Parcel B; thence departing said Right of Way Line along the west line of said Parcel B, Sheet 1 of 3 Resolution 91-16 Page 11 EXHIBIT "A" - LEGAL DESCRIPTION Open Space Easement— Lands of McNish June 23, 2016 3.) North 00° 48'10"West, 88.39 feet; thence, departing said west line, 4.) South 81' 00'00" East, 45.00 feet; thence, 5.) North 680 00'00" East, 71.00 feet; thence, 6.) North 13° 08'59" East, 13.32 feet to a point on the Northerly line of said Parcel B; thence along said line, 7.) North 89° 13'50" East, 26.00 feet; thence along the northwesterly line of said Parcel B, 8.) North 40° 11'30" East, 187.13 feet to the most northerly corner of said Parcel B; thence along the northeasterly line of said Parcel B, 9.) South 530 14'32" East, 56.00 feet; thence departing said northeast line, 10.) South 35° 58'04"West, 32.00 feet; thence, 11.) South 73° 15'00"West, 30.50 feet; thence, 12.) South 480 00'00"West, 73.50 feet; thence, 13.) South 39° 00'00"West, 35.00 feet; thence, 14.) South 140 30'00" West, 34.15 feet to a point of circular curve; thence, 15.) 64.46 feet along the Arc of a tangent curve to the right, having a Radius of 65.00 feet, a Central Angle of 560 49'00" and a Long Chord which bears; S 42° 54'30" West, 61.85 feet to a point of tangency; thence, 16.) South 71' 19'00"West, 28.76 feet to the TRUE POINT OF BEGINNING and containing 19,798 Square Feet more or less. END OF DESCRIPTION Together with Exhibit B identified as Plat of Open Space Easement, attached hereto and made a part hereof. LAND U& � KMN M. �JIcGUiRE a Kevin . McGuire, CA PLS #6437 `, z{ ap.CP 1 n f Io. 6.937 OF C Sheet 2 of 3 Resolution 91-16 Page 12 LINE TABLE LINE BEARING LENGTH L1 S 71'19'00" W 72.56' F L2 S 81'00'00" E 45.00' L3 N 13'08'59" E 13.32' .. L4 N 89'13'50" E 26.00' L5 S 35'58'04" W 32.00' L6 5 73'15'00" W 30.50' � L7 S 39'00'00" W 35.00' L8 S 14'30'00" W 34.15' L9 S 71'19'00" W 28.76' 1'S�� L10 N 18'41'00" W 25.00' PARCELS 878 PM 53. 113.75' O� L4..: (LOT 14) o '1�o�p0 E ... .::':: .;: 1.003± ACRES O '::;•. EPSM R=65.00' L=64.46' I RCEL AA=56'49'00" ...... 678 PM 53 LC=S425430W 61.85' (LOT 13)o w. ~; : :. 3z.:: -67.09 gip, P.O.C. PA�NL 29,3.00, \ Rlpple DRIv 2 '06',30,,se R=275.00' L=33.60' A=07'00'00" LC=S74'48'59"W 33.58' FOUND TOWN MONUMENT PER 50 MAP 34 (TYPICAL) K M. MCGU RE u� No. 6437 . F L'��-�� SCALE: 1" = 6o' tJ C'_ Z � Z� 60 40 20 0 60 Benjamini Associates, Inc. EXHIBIT B-PLAT OF OPEN SPACE EASEMENT CIVIL ENGINEERS LANDS OF McNISH — LOS ALTOS HILLS 720 YORK STREETREET,, SUITE 114 SAN FRANCISCO, CA 94110 24183 DAWNRIDGE DRIVE (415) 550-2600 LOS ALTOS HILLS SANTA CLARA COUNTY CALIFORNIA AMB1603 I DRN. BY: MAS I CHK. BY: KMM DATE: 6/23/16 PAGE 3 OF 3 Resolution 91-16 Page 13