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Home My WebLink About49-17 RESOLUTION 49-17 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (LANDS OF LAKHANI) WHEREAS, Vinod. and Meera Lakhani ("Owner") owns the property commonly known as 14172 Amherst Court(APN 182-41-006), 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 17th day of August 2017 by the following vote: AYES: Waldeck, Radford, Corrigan, Spreen,Wu NOES: None ABSTAIN: None ABSENT: None _ . BY: Gary Waldeck, Mayor Deborah Padovan, City Clerk Resolution 49-17 Page 1 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 I I day of \vL`. ,2017,by and between Vinod and Meera Lakhani, ("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 14172 Amherst Court,Los Altos Trills, California(Assessor's Parcel Number 182-41-006). 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 49-17 Page 2 1. Grant of Open Space Easement. Owner, as grantor, hereby grants an open space easement to the Town of Los Altos Bills, 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 49-17 Page 3 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: \ l\ , 2017 ` Vinod Lakhani See attached sheet for Notary JAYESH A. PATEL, / (Notary Public) McJaLakhani _ 1 cret _/ri,}1,_,, .to\'-- - ,L TOWN OF LOS ALTOS HILLS: ‘:,/ Date: JLtjcts1— 23,2017 Mayor ' ATTEST: /" , ► ` // City Clerk-Deborah Padovan Resolution 49-17 Page 4 \ California All-Purpose Certificate of Acknowledgmentko A notary public or other officer completing this certificate verifies only the identity of the individual who.signed the I ` II,document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. •§§ iY- ; Vi - i ! State of California County of Santa Clara s.s. iill l -1 1 :J On i i — co Ir- before me, Jayesh A. Patel ( Notary Public ) i , / D 112_o L.Pric re(}-1.J i i7,1personally appeared 1 1- .., �(L A- 1 n—1 H 14)4-1-\ --- , i=. 1 i1 v, who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) y ` -ie/are subscribed to the within instrument and acknowledged to me that-be/ehe/they executed a .y; the same in h eilief/their authorized capacity(ies), and that by hie/her/their signature(s) on the r-1 instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the k: '• instrument. I 0 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ; true and correct. - _ _ _ _ - _. "-' ;. JAYESH A.PATEL I `'=i i l 3e. COMM. 2039334 z i' WITNESS my hand and offici seal c ! ` i` i }e• Notary Public-California C ;:l r =co.,04-4,i, Santa Clara County' - ! P / t,,,,-ro- My Comm:Expires Nov.6;2018 - Li OPTIONAL INFORMATION ''° iil i i:i .Kikf ozif7t Ilia io ot`."rt. iiOi'-1 117 . 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(1047W r'-vr; '!Y FT4");'i'oi2v :?:crttf rt.t Io.r._ot L_ iii t✓ ? .b-. . -+.. .-;_tNi;t1 11 . rr , ?Y 1 ' Description of Attached Document --7—"----1772-,—."-----7-77-----'77-,t . !': The precedingCertificate of Acknowledgment is attached to a Method of Signer Identification ' 1it ' ..' document titled/for the purpose of t N'l ei-4 47/1--r Proved to me on the basis of satisfactory evidence: i 1;1 S c�1(� Ee- M e -. 4-' i I form(s)of identification 0 credible witness(es) if I f i i 7 containing pages, and dated // �� S (� Notarial event is detailed in notary journal on: I i%: 1 The signer(s) capacity or authority is/are as: Page# Entry# is y r • Individual(s) Notary contact: Iy 0 Attorney-in-fact ± I Corporate Officer(s) Other �_, I ❑ Additional Signer ❑ Signer(s)Thumbprints(s) it. is G - Q Guardian/Conservator 0 Partner-Limited/General a 0 Trustee(s) !' 0 Other. `. representing: ! ?=1 .y i,; Resolution 49 17 _ ' - -_ \��:.let+::e'.D:f:.l.l':it t t \t ♦l t.,l. i 5 -\)'l \iifi i4✓��.�+'�:'\ ! .. t..1 �'i�� ;� 1.r��`"J � t r�1�T1 ... f-w s' . . .:t i i, _.... . o•`:_, _. Ail` ;, Dg,{. R. _ ,..`r;s•,�,c� _ .. .. t :��:, Out t. _ .:'t' t; .. 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 August 23, 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 rhilladhlihil"rnam"64hd64•16++.1_.., ::::,„ / if° Commission#E 21049�` / � � �r��. Notar li Signature:' , �� (Seal) 4` Y Public-California Santa Clara County M Comm, fres 19,2019 • r- Resolution 49-17 Page 6 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: August 23, 2017 Place: Town Hall Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Resolution 49-17 Page 7 Certified as a true copy RESOLUTION 49-17yA � 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 LAKHANI) WHEREAS, Vinod. and Meera Lakhani ("Owner") owns the property commonly known as 14172 Amherst Court(APN 182-41-006), 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 17th day of August 2017 by the following vote: AYES: Waldeck, Radford, Corrigan, Spreen, Wu NOES: None ABSTAIN: None ABSENT: None BY: 7./- Gary Waldeck, Mayor - T 5 z_v/_(__ Deborah Padovan, City Clerk Resolution 49-17 Page 8 Resolution 49-17 Page 1 • EXHIBIT "A" LEGAL DESCRIPTION OPEN SPACE EASEMENT LANDS OF LAKHANI 14172 AMHERST COURT 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 10 OF THAT CERTAIN MAP ENTITLED "TRACT NO. 3306 PAGE MILL ESTATES", FILED OCTOBER 23, 1962 IN BOOK 153 OF MAPS PAGES 40-42,RECORDS OF SANTA CLARA COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF SAID LOT 10; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT 10 THE FOLLOWING THREE(3)COURSES: 1) SOUTH 06°41'05"WEST 41.77 FEET;THENCE 2) SOUTH 24°52'35"WEST 41.44 FEET;THENCE 3) SOUTH 52°50'35"WEST 87.21 FEET TO THE MOST SOUTHERLY CORNER OF SAID LOT 10; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LOT 10,NORTH 60°00'00"WEST 21.53 FEET; THENCE LEAVING SAID SOUTHWESTERLY LINE, NORTH 25°34'06" EAST 16.08 FEET; THENCE NORTH 39°14'47"EAST 23.00 FEET;THENCE NORTH 68°23'55"EAST 11.67 FEET;THENCE NORTH 52°01'30" EAST 23.70 FEET; THENCE NORTH 28°57'48" EAST 20.93 FEET; THENCE NORTH 05°32'30" EAST 24.50 FEET; THENCE NORTH 15°59'25" WEST 12.17 FEET; THENCE NORTH 05°06'50"EAST 42.40 FEET TO A POINT ON THE NORTHEASTERLY LINE OF SAID LOT 10; THENCE ALONG SAID NORTHEASTERLY LINE SOUTH 60°00'00" EAST 53.68 FEET TO THE POINT OF BEGINNING. CONTAINING 6,256 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 kAND St THE SUPE ISION OF: 4)P6 ��, JU1vE27,2017 (; , �f-`0fr c4‘ r ,•\\ ICHAEL J. AL RS PLS 5528 DATE X90. LS 5528 \ exp. N<?F NO` - PAGE 1 OF 2 Resolution 49-17 Page 9 i I LOT 99 TRACT 3300I I 953 GAPS 400 \ POINT OF -- 110.00' P.U.E. I I BEGINNING (153 MAPS 40) N60'00'00"W 303.62' (TOTAL) I _ ^I 20.00' SANITARY I �L10 0 SEWER & UTILITY 06'41'05"W 1,0 ESMT. (153 MAPS 40) I �� 41.77 b (5081 O.R. 520) �0, E.1IR "iiiimiin ' iil CO LOT 10 !;4)74t... q TRACT 3306 \ \ i` 0 WI 153 MAPS 40 .'',i� gid• 0 L) o) LANDS OF LAKHANI \ k , /'� E- I o 33.00' STORM DRAIN Y \ ��3 Z ESMT. (153 MAPS 40) \ �,� Ory w OPEN SPACE EASEMENT iV N � 6,256* SQ.FT h 'tel _ _ 0.144* ACRES _ \ � y ��„ �' N60'00'00"W 290.00' (TOTAL) \ \ �r LOT g TRACT 3303 \ \ I 953 MAPS 400 \ \ .-mak \ 1.A •. 7,•%4 LINE TABLE ` ° • • �' .4. _ LINEBEARING LENGTH J;v. gym. #� / L1 N60'00'p0"W 21.53' '' * 0 L2 N2534 06"E 16.08' IL3 N391 4.47"E 23.00' � �' Q �4 N6823155"E 11.67 ,, ‘k li14 F• CS 552$ 04:�� L5 N52•01'30"E 23.70' ��1�\�\0`" '�� L6 N28 57 48 E 20.93 L7 N05'32'30"E 24.50' ' 0 30 60 120 L8 N1 5.59',25"W 12.17' L9 NO5'06 50"E 42.40' L10 S60'00'00"E 53.68' SCALE: 1" = 60' LEGEND OPEN SPACE EASEMENT - - - - — PROPERTY BOUNDARY — EXISTING EASEMENT ADJACENT PROPERTY LLEA & BRAZE ENGINEERING,INC. EXHIBIT "B" PLAT TO ACCOMPANY LEGAL CIVIL ENGINEERS • LAND SURVEYORS DESCRIPTION FOR OPEN SPACE EASEMENT BAY AREA REGION SACRAMENTO REGION LANDS OF LAKHANI 2495 INDUSTRIAL PKWY WEST 3017 DOUGLAS HAYWARD, CAIJFORNI 9 4545 ROSEVIL LE, CA 9 661 300 14172 AMHERST COURT, (P) (510) 887-4086 (P) (916)966-1338 LOS ALTOS HILLS, CA. (F) (510) 887-3019 (F) (916)797-7363 . WWW.LEABRAZE.COM 21 61 21 8CI/21 51 006SU PAGE 2 OF 2 xeso►ution 49-1 JURE'2017