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HomeMy WebLinkAbout50-17 RESOLUTION 50-17 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (LANDS OF NIKZAD AND SAGHAFI) WHEREAS, Hamid Nikzad and Nooshin Saghafi ("Owner") own the property commonly known as 10501 W. Loyola Drive (APN 331-16-084), 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 Padoyan, City Clerk Resolution 50-17 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 VA day of )lA L ,2017,by and between HAMID NIKZAD AND NOOSHIN SAGHAFI, ("Own e ") 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 10501 West Loyola Drive, Los Altos Hills, California (Assessor Parcel Number 331-16-084). 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 50-17 Page 2 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 to allthe subject of provisions of said sections and chapters includinganyamendments thereto which may p 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 and paths dedicated to the Town, 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; and d. against the cutting of vegetation, except as may be required for fire prevention, thinning, elimination of diseased growth, and similar and g measures; e. against any plantings other than native vegetation; and f. against the erection of structures other than lawful fences or 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. 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. Resolution 50-17 Page 3 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: a'. 1 , 2017 1 .-A/ C- - Hamid Nikzad c� �Date: C3,`\ ( , 2017Joliki4 Nooshin Saghafi I TOWN OF LOS ALTOS HILLS: , '-/ /4// /x / Date: A14-i ,23 , 2017 �' L Mayor-Gary Waldeck / ___, / ,v5Z.,., ATTEST: ' (--moi Cit'y Clerk-Deborah Padovan Resolution 50-17 Page 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 CC�C�t�C�2�C�C�C�<�CC�C�C�C�C�C�C�C�C�C�C�C�C�C�C�C�C�C�C�C�C�C�C�C�C C�C�C�C�C�C�C�C�C�C�C�C 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 �A ) County of SA-11/ff CIF I On a9 /-Zo 17 before me, gold k ikec_ y Date �/ �,v) Here Insert Name and Title of the Officer J� t personally appeared / i t k-z_A d J Name(s) of Signer(s) N D vSA , iv f 5 /. / -c who proved to me on the basis of satisfactory evidence to be the perso 0 whose name°is 0 subscrib-d to the within instru - tand acknowledged _• e that he/sh-d executed the same his/her C.uthorized capaci ',and that b his/he signatur (son the instrument the person& or the en Ity upon behalf of which the persor0 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. RON K. IKEBE""5 0•�""�� COMM. # 2158585 3 L (� , ��g NOTARY PUBLIC-CALIFORNIA Signature A' "SANTA CLARA COUNTY gnature of Notary Public wlFOpN�� COMM.COh1nAEXPIRES JULY 26,2020� 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 / 4. 4-cc EA-se M e n 7L Title or Type of Document: A y rzeeMi e+t r OPeh f Document Date: -i if-2.-v// Number of Pages: 4 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Si ner(s) Signer's Name: /.j- i,,*,Of A K.`LIr L7� Signer's Name: !�C°f t iv -sok-3/4-As ❑Corporate Officer — Title(s): ' ❑Corporate Officer — Title(s): ❑Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑General Individual ❑Attorney in Fact Rindividual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee Cl 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 50-17 Page 5 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 " � Notary Public-California Signature: -% ( ) �� • Santa Clara County marc Comm. 19 2019 Resolution 50-17 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 50-17 Page 7 Certified as a true copy RESOLUTION 50-17 ;/ RESOLUTION OF THE CITY COUNCIL OF THE City Clerk of the Towrt-of Los Altos Hill' TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (LANDS OF NIKZAD AND SAGHAFI) WHEREAS,Hamid Nikzad and Nooshin Saghafi ("Owner") own the property commonly known as 10501 W. Loyola Drive (APN 331-16-084), 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 A Deborah Padovan, City Clerk Resolution 50-17 Page 8 Resolution 50-17 Page 1 Date: August 8, 2017 Address: 10501 W.Loyola Dr. Los Altos Hills, CA 94024 APN: 331 - 16 - 084 Exhibit "A" Legal Description OPEN SPACE EASEMENT LANDS OF NIKZAD AND SAGHAFI 10501 W. LOYOLA DRIVE LOS ALTOS HILLS, CA A portion of Parcel "A" as shown upon that Record of Survey within 192 Maps 34, filed March 24,1965, Santa Clara County Records, State of California, more particularly described as follows: COMMENCING at an Iron pipe monument with nail and tag stamped RCE 8718 at the center line intersections of Loyola Drive and Sunhills Drive (both being 40 feet wide ), shown upon said Record of Survey filed in 192 Maps 34; thence along said center line of Sunhills Drive (being the Basis of Bearings for this description) South 36°54' 00" East, 200.00 feet to the projected most southerly line of said Parcel "A"; thence along said projected southerly line,North 62°47' 05" East, 20.29 feet to the northeasterly line Of said Sunhills Drive; thence along said northeasterly line of Sunhills Drive,North 36°54' 00" West, 189.94 feet to the intersection of the curved southeasterly line of said Loyola Drive, having a radial bearing of North 59°38' 46" West; thence along said curved southeasterly line of Loyola Drive, having a Radius of 590.00 feet, through a Central Angle of 4°03'46", an Arc Distance of 41.84 feet to the 1'KUE POINT OF BEGINNING; thence along said curved southeasterly line of Loyola Drive,having a Radius of 590.00 feet, through a Central Angle of 13°05' 16", an Arc Distance of 134.77 feet to the intersection with the southwesterly line of Chardonnay Lane ( shown as FALTA COURT on said 192 Maps 34 ); thence along the southwesterly and southeasterly lines of Chardonnay Lane, South 34°54' 00" East, 60.32 feet and North 70006' 00" East 35.19 feet; thence leaving said southeasterly line of Chardonnay Lane and running South 22°53' 17" West 33.87 feet, South 32°19' 25" West 32.45 feet, South 41°22' 15" West 34.41 feet, South 55°46' 21" West 35.18 feet, and radially North 63°42' 32" West, 34.22 feet to said southeasterly line of Loyola Drive and the TRUE POINT OF BEGINNING. Said portion of Parcel "A" containing 7,047 s.f. of land, more or less. Prepared by: 0/1 7 of e M. Barnea, L.S. 7044 Date S � 4,j�OF Cf,L� Page 1 of 2 Resolution 50-17 Page 9 PLAT TO ACCOMPANY LEGAL DESCRIPTION EXHIBIT "B" / LEGEND ��0 V19' D /.z Denotes record information. CP / ( ) / \,P ," vo , T. P.O.B. True Point of Beginning. .�P / z z \ PgRCEz �• MAPS 34 P.O.C. Point of Commencement. �� / /" 192a �� ,_r' '41'N. 3 Easement Dedication Area. dei j Qy,\�o` �N ° 3116 / ' - T1 44374p„ w '3182' N.-, O . • / o \ ,.. 1 si,, ----,,./ \-),\o/ .(.7 449 rm'D "ilk 0 \ .. .o r °o tt• Skt‘i- J ° / /Z \ \\. -.,.\ 60.3 • `-- S X706 Wood • co. M0. \\ \\ F Y CA / .._ r/V/7 z.�: N m. ;� ° �,.,\ \• --c ii i 1 ------i.r,1 to a ey M. Bamea, L.S. 7044 Date \ '�' 'et\c� License expires 12-31-18 \ U i \ i L l3°o5'1s” ��i Open Space Easement R=590.00 \ 1 �,1 r, L = 134.77' \ i3i '\1 �; !\l Area = 7047 s.f +/- co 1 "' ! a ,y 25, PARCEL "A" 1 s :,' '0 4 192 MAPS 34 20, I1 20' -�,k. co , co ' h N 63°42,32„W I________ - co Lands of Nikzad and Saghafi .1___ I 10501 W. Loyola Drive R=590.00' \ 34.22'( ) Los Altos Hills, CA \ T.P.0.6• N 63°42'32“ APN. 331-16-084 �� oh o o•o ►. R 590.00'4611--r1— I N 59°38'46"W (R) �ti I\ ct�b. L =41.84' c') ell 4_`' `\ N36°5¢00° � (43') �V�Q Found Monument box I N Gji Q Q with 3/4"Iron pipe, RCE -S S . 20 189 g ,, Q� Q Ory 8718 tag with nail �e, I ,•,-0o0, S(/ \ P.O.C. I Inlet ry S- �yJ<<S \��.,, Found Monument N 1 n.' OR/�j box with open 3/4" 36°S s Of F \ Iron pipe SCALE: 1" = 40' °0 �' ee249s - -, o• 98, 0 40 80 =4 Resolution 50-17 Page 10