HomeMy WebLinkAbout61-17 RESOLUTION 61-17
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(LANDS OF PAREIGIS AND HENG)
WHEREAS,Ben Heng and Regina Pareigis("Owner")own the property commonly known as 25383
La Rena Lane (APN 175-38-007), 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 21st day of September, 2017 by the following vote:
AYES: Waldeck, Radford, an Corrig Spreen, Wu
NOES: None
ABSENT: None
ABSTAIN: None
BY: - -
Gary Waldeck, Mayor
Resolution 6 1-1 7 Page 1
Deborah Padovan,_City Clerk
Resolution 61-17 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 EASEMENT
This Agreement for Open Space Easement ("Agreement") is made and
entered into this I & day of , 2017, by and between Ben Heng and Regina
Pareigis, ("Owner") and the TO 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 25383 La Rena Lane, Los Altos Hills, California(Assessor's Parcel
Number 175-38-007).
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 61-17 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 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 61-17 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: 1 P1-, A,, , 2017
"«
Ben He q /
Regiy are
TOWN OF LOS ALTOS HILLS:
Date: • � °�52017
Mayor, Gary Waldeck
ATTEST: ' ," Qv
City Clerk-Deborah Padovan
Resolution 61-17 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 -5,147-It, G tui k )
On hopri` f'(�1 , 2017, before me, (�Qv 1 L�. �,p Z , Notary
Public, personally appeared Jwr1/44n H
‘.GI,(n/ /�4y1W4 41nc1n. Art 1, /,Swho
proved to me on the basis of satisfactory evideae 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. _
�� ..:� JORGE E. LOPEZ
WITNESS my hand and official seal. #7/'
' Notary Public - California
z
y ,o Santa Clara Countyz
o
• c � � Commission #2149785
My Comm.Expires May 13,W
Signature: - (Seal)
Resolution 61-17 • 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 September 25,2017,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 andacknowledged 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 myhand and official seal.
DEBORAH L.PADOVAN
f s, Commission•2104366
Notary Public-California
/ � 'r? Santa Clara County
!' /�� ('r/ (Seal) 'rn Comm. Ire$ r 19,2019
Signature: ! __—D t1 - - -1
Resolution 61-17 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: September 25, 2017
Place: Town Hall
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Resolution 61-17 Page 8
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EXHIBIT "A" \
4 NO. vo �.
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Legal Description of E,a `;t(j8.Q
Open Space Easement over the t OF CALF
0"
P
Lands of Heng and Pareigis
25383 La Rena Lane
Los Altos Hills, California
An easement over certain real property, being the Lands of Heng and Pareigis, as
described in that certain Grant Deed, recorded as Document No. 22865321, on
February 26, 2015, in the Official Records of Santa Clara County, State of California,
situated in the Town of Los Altos Hills, County of Santa Clara, State of California, more
particularly described as follows:
Commencing at the most northerly corner of that certain parcel of land conveyed by R.
Wallace Comisky, Et Ux, to Charles H. Canaday, Et Ux, by deed dated August 7, 1950
and recorded on August 17, 1950, in Book 2037 of Official Records of Santa Clara
County, at Page 178, said point of commencement being in the line dividing Lots 3 and
4, and distant thereon 507.32 feet northwesterly from the point of intersection of said
dividing line with the centerline of O'Keefe Avenue as shown upon the map entitled
"M. & M. Taaffe Subdivision of Lot 4 of the Taaffe Partition in the Rancho La Purissima
Concepcion, as recorded in Book "E" of Maps, Pages 118 and 119", filed for record on
July 15, 1.897, in Book "I" of Maps, Pages 72 and 73, Santa Clara County Records;
thence, along the southerly boundary of said Lands of Heng and Pareigis, South
70°40'00" West, 185.50 feet, to the Point of Beginning of this description;
Thence, from said Point of Beginning, continuing along the southerly boundary of said
Lands of Heng and Pareigis, South 70°40'00" West, 29.00 feet, to the most southerly
corner of said Lands of Heng and Pareigis;
Thence, along the westerly boundary of said Lands of Heng and Pareigis, North
19°20'00 East, 508.09 feet, to the most westerly corner of said Lands of Heng and
Pareigis;
•
Thence, along the northerly boundary of said Lands of Heng and Pareigis, North
70°40'00" East, 214.50 feet, to the most northerly corner of said Lands of Heng and
Pareigis;
Thence, along the easterly boundary of said Lands of Heng and Pareigis, South
19°20'00" East, 20.00 feet, to a point on a line parallel, and 20.00 feet distant,
measured at a right angle, to the northerly boundary of said Lands of Heng and
Pareigis;
Page 1 of 2 Pages
Resolution 61-17 Page 9
Page 2 of 2 Pages
Open Space Easement
Thence, along said parallel line, South 70°40'00" West, 167.50 feet;
Thence, leaving said parallel line, South 26°27'30 East, 16.12 feet;
Thence, South 16°05'05" East, 88.23feet;
Thence, South 37°04'41" East, 26.25 feet;
Thence, South 19°20'00" East, 35.00 feet;
Thence, South 03°0110" East, 42.72 feet;
Thence, South 17°10'49" East, 133.09 feet;
Thence, South 14°45'34" East, 50.16 feet;
Thence, South 19°20'00" East, 68.00 feet;
Thence, South 15°45'25" East, 32.06 feet, to the Point of Beginning.
Containing an area of 23,765 square feet, (0.55 Acres), more or less.
END OF DESCRIPTION.
Attached to this legal description is a plat entitled Exhibit "B" showing this Open Space
Easement, which is made a part hereof.
Basis of Bearings:
The bearing North 19°20'00" West, being the centerline of La Rena Lane, (formerly
Avenue), was used as the basis of bearings for this legal description, as shown upon
that certain map entitled "Tract No. 1707, Broadmoor Estates", which was filed for
record on October 1, 1957, in Book 85 of Maps, at Page 32, in Santa Clara County
Records, State of California.
Resolution 61-17 Page 10
•
N70'40'00 E 214.50'
OASIS OF BEARINGS 7 S70 40'00"W 167.50'
THE BEARING NORTH 1920'00" WEST, 1
BEING THE CENTERLINE OF LA RENAZ7/ cz
5266 0"E I
LANE, (FORMERLY AVENUE), WAS USED
AS THE BASIS OF BEARINGS FOR THIS
PLAT, AS SHOWN UPON THAT CERTAIN1iI 1
MAP ENTITLED "TRACT NO. 1707, 0) I
BROADMOOR ESTA TES, WHICH WAS FILED 0"E
FOR RECORD ON OCTOBER 1, 1957, IN
BOOK 85 OF MAPS, AT PAGE 32, IN I ri
N N70'40'00"E
SANTA CLARA COUNTY RECORDS, STATE 53704'41 E 1 3 00
10.00'
OF CALIFORNIA. 26.25' I
al
'al \714,o `
10 51920'00"Eo
35.00'
II fS7
O'40'00"W
• 10.00'
I p
—S3 01'10"E Ij`
42.72
rnct
P 73
OPEN SPACE EASEMENT Icpi
AREA=23,765 ± S.F. % I� NI z j oo
(0.55 ± AC.) oea d
NI LANDS OF HENG 1 I-
AND PARE/GIS 3 en
o "W 1 l° I
P
O APN 175-38-007 I0
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W
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to i 1.59
i
GRAPHIC SCALE 30' . 30' i
80 0 40 80 p.
lell
(IX TEN?) Il )
1 Inch- BB R /it
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LAND �, SJ5'45'25"E 1 \ \7 \
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32.06 1 \ \
$ lTo 29.00 - 185.50 \ �.9
�' '� el 570'40'00"W 214.50' \ \/L�\
NO. L7078 o z '„�`+� \ \ •
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EXP. 12-31-18 * ti Z r. o o \ \
P4' OF CAL���4 sa.co a \ •
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sfiri Qc ,,, O'KEEFE_
AVENUE_
EXHIBIT "B" N.
r ` Giuliani & Kull nc. SCALE: 1"=80' PLAT TO ACCOMPANY
♦ IDATE: 8/14/17 LEGAL DESCRIPTION
Engineers • Planners • Surveyors DRAWN: E.T. OPEN SPACE EASEMENT
4880 Stevens Creek Blvd. Suite 205 San Jose, CA. 95129 CHECKED: M.H. 25383 LA RENA LANE
(408) 615-4000 Fax (408) 615-4004 JOB NO.: 15137
Auburn • San Jose • Oakdale Resokti tlr§z 1 OF 1 LOS ALTOS HILLS, CAL3F RNIA
FE\2015\15137\dwg\15137p(at,dwg 8/8/2017 9138156 AM PDT