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HomeMy WebLinkAbout22-17 RESOLUTION 22-17 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (LANDS OF VANDERGRIFF AND RABKIN) WHEREAS,Jody Vandergriff and Steven Rabkin("Owner") own the property commonly known as 24990 La Loma Drive (APN 336-32-023), 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 was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 18 day of May, 2017 by the following vote: AYES: Waldeck, Radford, Corrigan, Spreen, Wu NOES: None ABSTAIN: None ABSENT: None BY: Gary Waldeck, Mayor Resolution 22-17 Page 1 ATTEST: • _Deborah Padovan,-City Clerk Resolution 22-17 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 8th day of May, 2017, by and between JODY VANDERGRIFF AND STEVEN RABKIN ("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 24990 La Loma Drive, Los Altos Hills, California (Assessor Parcel Number 336-32-023) 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 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 22-17 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 a 41/2 foot high post and wire fence to replace the existing fence that is located within the easement boundary, 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. Resolution 22-17 Page 4 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. 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: 5 , 2017 7 y andergriff Date: SA)/20 17 , 2017 Steven Rabkin PLEASE SEE NOTARY ATTACHMENT TOWN OF LOS ALTOS HILLS: Date: 2017 Mayor Gary Waldeck ATTEST: • /` City Clerk Deborah Padovan Resolution 22-17 Page 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 ••• .-`•/-•/ ./;`•� • • •,--474•77.,./7.•• • • -.'•/;•....7...,G'.• .,7..��f•/'%-'•/-•�•/""'•/•' 7.', r' • •,--.7.,-,-,-.-• ."-.`•+(I 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 A-►av\- - CLAM R-4 ) On M +A-y -o q ii—till.. before me, A-u LT-..)4- AI/iL Roil) r-I N)111,42-y fiiftr� Date Here Insert Name and Title of the Officer personally appeared 43©9 1 Ni s",1T E R Cn F P Name(s) of Signer(s) .'TC\tCgJ 'fto31e-fp0 , 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 is true and correct. amuuullillilllllllllllllllllllllilllllllllllllllllllllllllllllliIllllllnlllllml! WITNESS my hand and official seal. __ /�; L< MAULIK ANIL PANDIT _ .� COMM.#2089752 1 �_ NOTARY PUBLIC-CALIFORNIA _ `t--...= SANTA CLARACOUNTY = Signature My Comm,Exp.Dec.10,2018 E. Signature of Notary Public I mlmlllnmmium mnmminllm m nnnmmllin iiiimtllmmunii 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 t Q e t'" ���grte ' Title or Type of Document: ,tr .�, ew 'ea-(0 t 0PeAl Document Date: 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 — ❑ 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: L:,,,,,,,,,,,itiff: :L: . .tip .'e� . .'.vi'✓:�1Uo.y4V.cy.:,!L�:w. T�.��!.s,,,, ��:".vim✓ y6�:�.4'✓.--4.. .-y ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 Resolution 22-17 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 May 22, 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 ).whose names is/ subscribed to the within instrument and acknowledged to me that he/shc/they executed the same in his/her/their authorized capacity(ice),. and that by hisAhcr/their signature(s). on the instrument the person, or the entity upon behalf of which the person* 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 Commission#2104366 Sir ature: ----- (Seal) Notary Public-California Santa Clara County � M Comm. fres A r 19,2019 Resolution 22-17 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: May 22, 2017 Place: Town Hall Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Resolution 22-17 Page 8 Certified as a true copy RESOLUTION 22-17 11,/ By RESOLUTION OF THE CITY COUNCIL OF THEA Clerk of the Town of Los Altos Hills TOWN OF LOS ALTOS HILLS . APPROVING AGREEMENT FOR OPEN SPACE ELEMENT (LANDS OF VANDERGRIFF AND RABKIN) WHEREAS,Jody Vandergriff and Steven Rabkin("Owner") own the property commonly known as 24990 La Loma Drive (APN 336-32-023), 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 was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 18 day of May, 2017 by the following vote: AYES: Waldeck, Radford, Corrigan, Spreen, Wu NOES: None ABSTAIN: None ABSENT: None // BY: 1 /' Gary Waldeck, Mayor Resolution 22-17 Page 9 Resolution 22-17 Page 1 ATTEST: Deborah Padovan, City Clerk Resolution 22-17 Page 10 Resolution 22-17 Page 2 EXIIIBIT "A" LEGAL DESCRIPTION OPEN SPACE EASEMENT LANDS OF VANDERGRIFF AND RABK N 24990 LA LOMA DRIVE TOWN OF LOS ALTOS HILLS,CA AN EASEMENT OVER CERTAIN REAL PROPERTY, SITUATE IN THE TOWN OF LOS ALTOS HILLS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA,BEING A PORTION OF LOT 6 OF THAT CERTAIN MAP OF TRACT NO. 1275 RECORDED MAY 10, 1954 IN BOOK 48 OF MAPS PAGE 56,RECORDS OF SANTA CLARA COUNTY,STATE OF CALIFORNIA,MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 6;THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 6 THE FOLLOWING FOUR(4)COURSES: 1) NORTH 74°30'00"WEST 42.72 FEET;THENCE 2) NORTH 82°30'00"WEST 75.09 FEET;THENCE 3) NORTH 07°30'00"EAST 40.00 FEET;THENCE 4) AND NORTH 82°30'00"WEST 30.00 FEET TO A SOUTHWESTERLY CORNER OF SAID LOT 6; THENCE ALONG THE WESTERLY LINE OF SAID LOT 6,NORTH 11°06'48"EAST 80.00 FEET; THENCE LEAVING SAID WESTERLY LINE, SOUTH 87°45'59"EAST 151.82 FEET TO THE EASTERLY LINE OF SAID LOT 6;THENCE ALONG SAID EASTERLY LINE SOUTH 11°06'48"WEST 140.00 FEET TO THE POINT OF BEGINNING. CONTAINING 17,935 SQUARE FEET,MORE OR LESS. THE ABOVE DESCRIPTION SHOWN ON EXHIBIT"B"ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. END OF DESCRIPTION • PREPARED BY OR UNDER , THE SUP RVISION OF: �i �F L ND , '; JAN.6,2017 ,, �\, PSL ' VVik 0 I HAEL J.W j: TE' ' PLS 5528 DATE I y 1G X10 15 b o. LS5528 \ s>\ OF CAO` , ,. • PAGE 1 OF 2 Resolution 22-17 Page 11 OMP OR\ 0 30 60 120 0. SCALE: 1 " = 60' --------_____---\---- 1 D=27'02'08 I L.A D ha1!i11 R=330.00' -(c.�'. poi�,� �. �F / L=155.71' /A Vcv.•.P -� /� ice :— '�' 73 .•. eo -' 01.: Q '1 * (4•: ' o / .' Q In 2 VANDERGRIFEt. LANDS OFFAND 14`1/NIIITc� •S "5y•2 ��='/ r 0o w RABKIN I cn o��..�� o � Q ° LOT 6 IN' 0 Y m BOOK 48 MAPS =' < 2 p rn PAGE 56 in in00w m 14 ' OO d 0Q WI JO0_ Z O m c° 5 P.U.E-.. -� 0 48 M 56 Z I S87' 45.58"E 151. 82' — 47-7 • . w I !8p/, , o . o 1n N82'30'00"W _ . moi' PATHWAY 30.00' ,� EA1319SM T. PER 13199503 r w O.R. N07 30 00 1 ,A, 40.00' 1 = „ POINT OF 75.09' BEGINNING 10' P.U.E. 48 M 56 LEGEND N7410'00"W— OPEN SPACE EASEMENT 42.72' - - - - — PROPERTY BOUNDARY — EXISTING EASEMENT ADJACENT PROPERTY LEA & BRAZE ENGINEERING,INC. EXHIBIT "B" PLAT TO ACCOMPANY LEGAL CML ENGINEERS • LAND SURVEYORS DESCRIPTION FOR OPEN SPACE EASEMENT BAY AREA REGION SACRAMENTO REGION LANDS OF VANDERGRIFF AND RABKIN 2495 INDUSTRIAL PKWY WEST 3017 DOUGLAS BLVD, #300 HAYWARD, CALIFORNIA 94545 ROSEVILLE, CA 95661 24990 LA LOMA DRIVE, (P) (510) 887-4086 (P) (916)966-1338 LOS ALTOS HILLS, CA. (F) (510) 887-3019 (F) (916)797-7363 WWW.LEABRAZE.COM 21 60250CI D..-1-1:-.L2 17 f ub PAGE 2 OF 2 JAN. 2017