HomeMy WebLinkAbout15-17 RESOLUTION 15-17
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(LANDS OF GERA FAMILY TRUST)
WHEREAS, Anil Gera and Anita Gera, Trustees of the Gera Family Trust ("Owner") own the
property commonly known as 12345 Gigli Court (APN 182-04-075), 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 201h day of April, 2017 by the following vote:
AYES: Waldeck, Radford, Corrigan, Spreen, Wu
NOES: None
ABSENT: None
ABSTAIN: None
BY:
Gary Waldeck, Mayor
Resolution 15-17 Page I
ATTEST:
eborah Padovan, City Clerk
Resolution 15-17 Page 2
Attachment A
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 EASEAMNT
This Agreement for Open Space Easement ("Agreement") is made and
entered into this i 14 day of -y")— , 2017, by and between ANIL GERA
and ANITA GERA, Trustees of the GEkA FAMILY TRUST, ("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 12345 Gigli Court,APN 182-04-075,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 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 15-17 Page 3
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 the installation and maintenance of a septic leachfield,
stormwater detention facilities, public and private utilities, paths dedicated to the Town,
and wildlife friendly fencing, 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 15-17 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: 4,111111 2017
Anil Gera
Anitfi Gera
TOWN OF LOS ALTOS HILLS:
fiefa as
Date: 2017
Mayor-Gary Waldeck
0
ATTEST:
City Clerk-Deborah Padovan
Resolution 15-17 Page 5
ACKNOWLEDGMENT
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 A;>j I f t` + 20 14- before me, �x {��,� o ( � .Pe-f-�`� , N o f & Pubj,
(insert name and title of the officer)
personally appeared o v A Aya'-I-P, Cu, ,
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/ahe/they executed the same in
hisffaer/their authorized capacity(ies), and that by W/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 is true and correct.
WITNESS my hand and official seal. SuoHA Bol_ISErry
^' Commission # 2137339
T2
';e�> Notary Public California z
Z a"` 'Santa Clara County v
my Comm.Expires Jan 14,2020
Signature (Seal)
Resolution 15-17 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 Apri125 2017, before me, Deborah L. Padovan, Notary Public, personally appeared Gary
Waldeck,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
Signature: (Seal) Commission#2104366
Notary Public-California
' Santa Clara County
MY-Comm.Expim Ar 19.2018
Resolution 15-17 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: April 21, 2017
Place: Town Hall
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Resolution 15-17 Page 8
Ceffed as a true copy
RESOLUTION 15-17
RESOLUTION OF THE CITY COUNCIL OF THE City Clerk of the Town-of Los Altos Hills'
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(LANDS OF GERA FAMILY TRUST)
WHEREAS, Anil Gera and Anita Gera, Trustees of the Gera Family Trust ("Owner") own the
property commonly known as 12345 Gigli Court (APN 182-04-075), 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 201h day of April, 2017 by the following vote:
AYES: Waldeck, Radford, Corrigan, Spreen, Wu
NOES: None
ABSENT: None
ABSTAIN: None
BY:
Gary Waldeck, Mayor
Resolution 15-17 Page 9
Resolution 15-17 Page I
ATTEST:
Deborah Padovan, City Clerk
Resolution 15-17 Page 10
Resolution 15-17 Page 2
EXHIBIT "A"
LEGAL DESCRIPTION
OPEN SPACE EASEMENT
FOR THE BENEFIT OF THE TOWN OF LOS ALTOS HILLS
LANDS OF ANIL AND ANITA GERA
12345 GIGLI COURT
TOWN OF LOS ALTOS HILLS, CA
ALL THAT CERTAIN REAL PROPERTY, SITUATE IN THE TOWN OF LOS ALTOS HILLS, COUNTY OF
SANTA CLARA, STATE OF CALIFORNIA, BEING A PORTION OF LOT 2 OF THAT CERTAIN MAP
RECORDED MAY 28, 1980 IN BOOK 463 OF MAPS PAGES 54-55, RECORDS OF SANTA CLARA
COUNTY,STATE OF CALIFORNIA,MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A 1 INCH IRON PIPE MARKING THE MOST NORTHERLY CORNER OF LOT 2, AS SAID
LOT IS SHOWN ON SAID MAP; THENCE ALONG THE EASTERLY LINE OF SAID LOT 2 SOUTH
48045'24"EAST 306.09 FEET TO A 1"IRON PIPE,AS MONUMENT IS SHOWN ON SAID MAP;THENCE
CONTINUING ALONG SAID EASTERLY LINE OF SAID LOT 2 SOUTH 35049'10"EAST 12.45 FEET TO A
1" IRON PIPE AS MONUMENT IS SHOWN ON SAID MAP, SAID MONUMENT MARKING THE
SOUTHEASTERLY CORNER OF SAID LOT 2; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 2
SOUTH 54014'03"WEST 169.51.86 FEET;THENCE LEAVING SAID SOUTHERLY LINE OF SAID LOT 2
NORTH 15°31'09"WEST 23.57 FEET;THENCE NORTH 09003132"WEST 53.08 FEET;THENCE NORTH
12045149" WEST 20.88 FEET; THENCE SOUTH 54015'26" WEST 32.11 FEET; THENCE NORTH
89012158" WEST 38.75 FEET; THENCE NORTH 07000135" WEST 73.41 FEET; THENCE NORTH
01010'01" EAST 11.94 FEET; THENCE NORTH 08029120" EAST 23.24 FEET; THENCE NORTH
13047'27" WEST 29.96 FEET; THENCE NORTH 33006'05" WEST 18.33 FEET; THENCE NORTH
49019'35" WEST 36.37 FEET; THENCE NORTH 67035'46" WEST 31.67 FEET TO A POINT ON THE
NORTHERLY LINE OF SAID LOT 2;THENCE ALONG SAID NORTHERLY NORTH 54015,28"EAST 78.22
FEET TO THE POINT OF BEGINNING.
CONTAINING 36,205 SQUARE FEET,MORE OR LESS.
THE ABOVE DESCRIPTION SHOWN ON EXHIBIT"B"ATTACHED AND BY REFERENCE MADE A PART
HEREOF.
END OF DESCRIPTION
PREPARED BY OR UNDER
THE SUPERVISION OF:
JUNE 15,2016 �0 SND SU
MICHAEL J. WALTERS PLS 5528 DATEJ.
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No. 5828
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Resolution 15-17 Page I1
FD. 1" IP W/WOOD
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\ �0 TRACT NO. 6763 POINT OF
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0 50 100 200
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(N54'15'28"E 377.00') 10
LOT 2 LANDS OF s
TRACT NO. 2024 WATTERS
SCALE: 1 = 100' 95 MAPS 1
.AND
10
LINE TABLE
r LINE BEARING LENGTH
L1 N54'15'28"E- 78.22
� N67'35 46 W 31.67
OF' CP L3 N49'19'35"W
N5" '
LEGEND L5 1 N13.4727 W 29.96
— — — — — — OPEN SPACE EASEMENT L6 N08'29 20 E 23.24
- - - - — BOUNDARY L7 N01'10 01 E 11.94
® MONUMENT PER TRACT#6763 L8 N07'00 35 W 73.41 €,
463 MAPS 54 (UNLESS NOTED) L9 N89'12'58"W 38.75 '
1� RECORD PER TRACT#6763 Ll 0 S54'15'26"W VIP
463 MAPS 54 Ll 1 1 N12'45 49 W 20.88
'2 RECORD PER CORNER L12 I N09'03 32 W 53.08 {
RECORD NO. 2108 L13 I N15'31 09 W 23.57
LEA & BRAZE ENGINEERING,INC. EXHIBIT "B"
PLAT TO ACCOMPANY LEGAL n
CIVIL ENGINEERS • LAND SURVEYORS DESCRIPTION FOR OPEN SPACE EASEMENT
BAY AREA REGION SACRAMENTO REGION
LANDS OF ANIL&ANITA CERA
2495 INDUSTRIAL PKWY WEST 3017 DOUGLAS BLVD, P 300
HAYWARD. CAUFORNIA 94545 ROSEVILLE, CA 95661 12345 G I G LI COURT,
(P) (510) 887-4086 (P) (916)966-1338
(F) (510) 887-3019 (F) (916)797-7363 LOS ALTOS HILLS, CA. ;
WWW.LEASRAZE.COM
t
PAGE 2 OF 2 JOB #21400640 IIS PRAWN BY. M.J. WALTERS JUNE.g 916