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HomeMy WebLinkAbout62-17 RESOLUTION 62-17 RESOLUTION OF THE CITY COUNCIL OF THE. TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (LANDS OF JULENE JONES AND DOMINIQUE GRAU) WHEREAS, Julene Jones and Dominique Grau ("Owner") own the property commonly known as 24802 Olive Tree Lane (APN 336-35-058), 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, Corrigan, Spreen, Wu NOES: None ABSENT: None ABSTAIN: None BY: Gary Waldeck, Mayor Resolution 62-17 Page 1 ATTEST: / Deborah Padovan, City Clerk Resolution 62-17 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 or Openpace Easement ("Agreement") is made and entered into this A I day of a�J ter' 2017,by and between JULENE JONES TRUSTEE and DOMINIQUE P. RAU TRUSTEE ET AL, ("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 24802 Olive Tree Lane,APN 336-35-058,Los Altos Hills,California. B. Town has adopted a General Planand,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 62-17 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 easeme1it 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 lie 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 underground public and private utilities 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 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. 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 62-17 Page 4 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. O' 1' Date: CO C D 2017 J ene Jones Dominique u TOWN OF LOS ALTOS HILLS: Date: /25 ,2017 , Mayor-Gary Waldeck ATTEST: City Clerk-Deborah Padovan Resolution 62-17 Page 5 r • 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 k ) u h P, ( o`(-i^- 20 ( , before me, (A (11,„ 'f I 44// {-aril P c t Personally aPPeared 1)o o/ u P. Cn a TO I e_h e, j011 cg who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscriibed 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. SUDHA BOLISETTY -• Commission #2137339 t N Signature: v; ' eo oar- goy, (Seal) z °c i .o:.t v Public -California z Santa Clara County My Comm.Expires Jan 14,2020 x• '' • • • Resolution 62-17 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 and acknowledged to me that he/she/they executed the same in his/her/their authorizedcapacity(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 Commiaaion+IF 2104366 '4 ,� Notary Public-California , Santa Clara County g /[ ' Comm:. 19,2019 0 Signature: (Seal) Resolution 62-17 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 62-17 Page 8 EXHIBIT "A" \ D v�a5 EDMIj1 GF�p March 6, 2017 * 8307 * Job# 15198 tr, �. APN 336-35-058 (Servient tenement) OF CA- ' OLIN S. ED DSON PLS 8307 LEGAL DESCRIPTION OF OPEN SPACE EASEMENT LANDS OF JONES AND GRAU 24802 OLIVE TREE LANE,LOS ALTOS HILLS Being an easement situate in the Town of Los Altos Hills, County of Santa Clara, State of California and being a portion of Lot 11 as shown on that certain map of Tract No: 3672, recorded April 29,1964 in Volume 177 of Maps, at Page 45 Official Records of Santa Clara County and being more particularly described as follows: BEGINNING at a nail and shiner (tagged LS 6163) on the Northwesterly line of said above mentioned Lot 11, shown on Corner Record 194, from which a 3/4 inch pipe (with nail in top) at the Northerly terminus of the course"N 20° 32' 45" E, 243.55" as shown on said Tract Map bears N 20°32'45"E, 243.55 feet distant. Thence, from said POINT OF BEGINNING,the following courses: 1. S 81° 27' 27"E, 37.96 feet to a-point; 2. S 63° 28' 25"E, 36.16 feet to a point; 3. S 56° 44' 17"E, 29.33 feet to a point; 4. S 46° 42' 27"E, 22.92 feet to a point on the Southeasterly line of said above mentioned Lot 11. Thence, around the exterior of Lot 11 the following four courses: 5. S 22° 10' 00" W, 154.87 feet to the most Southerly corner of said Lot 11; 6. Along the Westerly side of Lot 11,N 21° 27' 24" W, 71.18 feet to a point; 7. N 34° 08' 03" W, 81.89 feet to a point; 8. N 20° 32' 45" E, 61.30 feet to the POINT OF BEGINNING. Enclosing an area of 13,403 square feet, more or less. Page 1 of 2 Resolution 62-17 Page 9 Exhibit "B" . Map to Accompany Legal Description of Open Space Easement / FOUND 3(4" PIPE (w/NAIL IN TOP) 10 Q2 .--"N / 0 EiiO 0) is') LOT 11 (TRACT NO. 3672) / 0 , ' �'o LANDS OF JONES & GRAU / 24802 OLIVE TREE LANE, 0\0) nj��� LOS ALTOS HILLS, CA Q 4C / , S81°27 27 E FOUND NAIL & SHINER / 37.96' / Scale 1" = 40' LS 6163© / S56°44' 17n E _� , `�'.` 29.33' 0 Point of Beginning ,7I // •8.2 4 of Easement �� �, O ,- k / O". OM cl 45)/ / / / / cl) /T,3,�-03' Q. 'T �--1 S46°42'27"E ��� // 22.92' c,P // co 1.0 o� REFERENCES / /. O 0 177-M-45 (Tract No. 3672) © Corner Record 1894 J ' ' /, EDMUNDSON & ASSOCIATES (-.) NDsU�� ; LAND SURVEYING OLIN S. �O1512 SEABRIGHT AVENUE MUNDSON ,� SANTA CRUZ, CA 95062 No. 8307 PHONE (831) .425-1796 • 0 o tsScale 1" = 40' > r� OP C —40 0 40 80 Mil ME = MNIIMMII (/ iigcg'ion#2-1'P f 2 Page 10