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HomeMy WebLinkAbout65-17 RESOLUTION 65-17 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (LANDS OF PROGRESSIVE CAPITAL DEVELOPMENT, LLC) WHEREAS, Progressive Capital Development, LLC ("Owner") owns the property commonly known as 25700 Bassett Lane (APN 336-43-013), 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 special meeting held on the 11th day of October, 2017 by the following vote: AYES: Waldeck, Radford, Corrigan, Spreen, Wu NOES: None ABSENT: NONE ABSTAIN: NONE BY: Gary Waldeck, Mayor ATTEST: / Deborah Padovan, City Clerk Resolution 65-17 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 2"d day of OC 1 o z,c—.2 , 2017,by and between PROGRESSIVE CAPITAL DEVELOPMENT, LLC, ("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 25700 Bassett Lane,APN 336-43-013,Los Altos Hills, California. 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: 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 65-17 Page 2 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 the installation and maintenance of a native pathway, underground public and private utilities,paths dedicated to the Town,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 uniquephysical 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 any 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 except within the existing equestrian trail easement and for the use of any future native pathway. The right of entry and surface use for the remainder of the open Resolution 65-17 Page 3 space easement is limited solely to the Town, and 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: OCT 2_ , 2017 ' Simon It,Authori ;d Agent for Progressive Capital Development,LLC TOWN OF LOS ALTOS HILLS: Date: et]6fr/ 12,2017 Mayor-Gary Waldeck / / '-ATTEST: - City Clerk-Deborah Padovan Resolution 65-17 Page 4 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 l b d -t'1 , before me, L- Z era-Lc r no-6,1 p KS 1 c L personally appeared 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. L. FREDERICKS Ue - COMM. # 2172240 "Mk'NOTARY NOTARY PUBLIC-CALIFORNIA 0 ,7 SANTA CLARA COUNTY n �y R' COMM.EXPIRES DEC.15,2020 Signature: (Seal) Resolution 65-17 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 October 13, 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 name isLa e subscribed to the within instrument and acknowledged to me that he/may executed the same in hisflrer/their authorized capacity(ies and that by his/her/their signature4s3 on the instrument the.person, or the entity upon behalf of which the personks)-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. 4 .ut DEBORAH L.PADOVAN PADOVAN ` �' Commission 2104366 z ;;`: �' . Notary Public -California Z �' ' Santa Clara County Signature: �.� (Seal) M Comm. Irefs r19,2019 • • • Resolution 65-17 Page 6 RESOLUTION 65-17 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (LANDS OF PROGRESSIVE CAPITAL DEVELOPMENT,LLC) WHEREAS, Progressive Capital Development, LLC ("Owner") owns the property commonly known as 25700 Bassett Lane (APN 336-43-013), 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 foropen 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 covenantsto 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. Theabove and foregoing Resolution passed and adopted by the City Council of the Town of Los Altos Hills at a special meeting held on the 11th day.of October, 2017 by the following vote: AYES: Waldeck, Radford, Corrigan, Spreen, Wu NOES: None ABSENT: NONE \` ABSTAIN: NONE BY: 18 Gary Waldeck, Mayor ATTEST: g Deborah Padovan, City Clerk Resolution 65-17 Page 7 Resolution 65-17 Page 1 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: October 13, 2017 Place: Town Hall Town of Los Altos.Hills 26379 Fremont Road Los Altos Hills, CA 94022 Resolution 65-17 Page 8 EXHIBIT"A" • LEGAL DESCRIPTION OPE N SPACE EASEMENT FOR THE BENEFIT OF THE TOWN OF LOS ALTOS HILLS LANDS OF PROGRESSIVE CAPITAL DEVELOPMENT,LLC 25700 BASSETT LANE TOWN OF LOS ALTOS HILLS,CA ALL THAT CERTAIN REAL PROPERTY, SITUATE IN THE TOWN OF LOS ALTOS HILLS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, BEING A PORTION OF PARCEL D, AS SHOWN ON THAT CERTAIN PARCEL MAP RECORDED OCTOBER 27, 1971 IN BOOK 292 OF MAPS PAGE 2, AND AS DESCRIBED IN THAT CERTAIN DEED OF LAND GRANTED TO PROGRESSIVE CAPITAL DEVELOPMENT, LLC RECORDED DECEMBER 20,2013 AS DOCUMENT NO.22477409, RECORDS OF SANTA CLARA COUNTY,STATE OF CALIFORNIA,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A THE CULDESAC RADIUS POINT OF BASSETT LANE AS SHOWN UPON SAID MAP;THENCE SOUTH 30°09'18"WEST 40.00 FEET TO A POINT ON THE RIGHT OF WAY OF BASSETT LANE AS SHOWN ON SAID MAP,SAID POINT BEING ALSO A POINT ON"PARCEL ONE"AS DESCRIBED IN'SAID DEED AND BEING ALSO THE BEGINNING OF A CURVE, CONCAVE NORTHWESTERLY, HAVING A CENTRAL ANGLE OF. 31°35'18" AND A RADIUS OF 40.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE 123.66.FEET AND FOLLOWING ALONG THE LINES OF LAND DESCRIBED.IN SAID DEED THE FOLLOWING ELEVEN COURSES AND CURVES: 1) NORTH 62°43'31" EAST 99.12 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A CENTRAL ANGLE OF 12°55'08", A RADIUS OF 123.57 FEET AND A RADIAL BEARING OF SOUTH 63°04'01";THENCE 2) SOUTHEASTERLY ALONG SAID CURVE 27:86 FEET TO THE BEGINNING OF ANON-TANGENT CURVE,CONCAVE SOUTHWESTERLY,HAVING A CENTRAL ANGLE OF 77°25'22",A RADIUS OF 20.00 FEET AND A RADIAL BEARING OF NORTH 50°08'53'';THENCE, 3) WESTERLY ALONG SAID CURVE 27.03 FEET;THENCE 4) SOUTH 62°43'31" WEST 14.75 FEET TO THE BEGINNING OF .A CURVE, CONCAVE SOUTHEASTERLY, HAVING A CENTRAL ANGLE OF 45°53'34" AND A RADIUS OF 50.89 FEET;THENCE 5) SOUTHWESTERLY ALONG SAID CURVE 40.76 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHWESTERLY,HAVING A CENTRAL ANGLE OF 19°17'35"AND A RADIUS OF 80.00 FEET; 6) THENCE SOUTHWESTERLY ALONG SAID CURVE 26.94 FEET;THENCE 7) SOUTH 01°41'32"EAST 86.99 FEET;THENCE 8) SOUTH 01°15'45"WEST 35.74 FEET;THENCE 9) SOUTH 18°10'22"WEST 127.99 FEET;THENCE 10) SOUTH 05°53'52"WEST 120.11 FEET;THENCE 11)SOUTH 87°52'23" WEST 33.96 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A CENTRAL ANGLE OF 10°.15'27", A RADIUS OF.155.00 FEET AND A RADIAL BEARING OF NORTH 49°56'27"EAST; THENCE NORTHWESTERLY ALONG SAID CURVE AND LEAVING THE LINES AS DESCRIBED IN SAID DEED,27.75 FEET;THENCE NORTH 06°00'00"EAST 113.16 FEET;THENCE NORTH 18°16'45"EAST 32:50 FEET;THENCE NORTH 48°20'53"WEST 10.00 FEET;THENCE NORTH 24°50'17"WEST 21:50 FEET;THENCE NORTH 17°40'29"WEST 37.28 FEET;THENCE NORTH 20°07'39"WEST 10.87 FEET; THENCE NORTH 26°59'48" WEST 63.71 FEET; THENCE NORTH 30°09'18".EAST 12.86 FEET; PAGE 1 OF 3 Resolution 65-17 Page 9 THENCE NORTH 33°50'29" WEST 15.96 FEET; THENCE NORTH .37°59'33" WEST 19.61 FEET; THENCE NORTH 55°33'51" WEST 24.78 FEET; THENCE NORTH 76°49'08" WEST 33.48 FEET; THENCE NORTH 82°18'00"WEST.44.72 FEET TO A POINT OF LAND.AS DESCRIBED IN SAID DEED AND.BEING A POINT ON THE RIGHT OF WAY LINE OF BASSETT LANE AS DESCRIBED THEREIN; THENCE CONTINUING ALONG THE LINES OF LAND DESCRIBED IN SAID DEED THE FOLLOWING THREE COURSES AND CURVES: 1) NORTH 63°31'33" EAST 28.09 FEET TO THE BEGINNING OF A CURVE; CONCAVE. SOUTHERLY, HAVING A.CENTRAL ANGLE OF 56°37'45" AND A RADIUS OF 100.00 FEET; THENCE 2) SOUTHEASTERLY ALONG SAIDCURVE98.84 FEET;THENCE 3) SOUTH 59°50'42"EAST 74.42 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 0.816 ACRES,.MORE OR LESS, THE ABOVE DESCRIPTION SHOWN ON EXHIBIT"B"ATTACHED AND BY REFERENCE MADE A PART HEREOF. END OF DESCRIPTION PREPARED BY OR UNDER THE SUPERVISION OF: ®� --MARCI�07;201fi MICHAEL J LTERS PLS 5528 DATE IND aSi PES J. 04,V (> l No. LS 5528 • ,, * Exp. OF cp±.\>,/ PAGE2OF3 Resolution 65-17 Page 10 ir IIIGEND -- -- - - OPEN SPACE EASEMENT .,i . ,..._. - - - - BOUNDARY CENTERLINE % ADJACENT PROPERTY LINE TRUE POINT OF BEGINNIN 4- .?, 9- \)' - ooe -AL- 4000, 1 LANDS OF HEITEL L21 ' L 2 0, 40., 4 41-4- LOT 2 -4,-j 151 MAPS 40 L19-' c', 40, ..-1 (55 1 -OINT OF / L17 COMMENCEMENT L16 in ON PARCEL 1 (FUTURE) L14 #0,11/000/04, OPEN SPACE EASEMENT r 35,532± SQ.FT .,. 0.816± ACRES PARCEL t-D ' III o ."". A'• it 2 L11 0 .:- - ,, ..... .. (FUTURE) t..... 1-- 5' ROW EASEMENT0.).000111.# 0 0 ' , .J -' rw. 730 DEDICATION PER ' (1) -I 2 ,; *txi• * (4; THIS MAP N. 0 in Y ki.) ***. .• 'r ol • * #t ..s. '2,-* i oci-g LANDS OF LIN ‘‘‘,.., ;........0.1" 1., \C6 - PARCEL E 292 MAPS 2 ' V L1.6 N300918 ,E 12.86' LIN • TABLE L17 N33'5029"W 15.96' 0 50 100 200 L18 N3759'33"W 19.61' LINE BEARING LENGTH 1..19 k '33' " 24.78' 1... ......1 L1 S59'50:427 74.42' L20 N76'4915137- 33.48' L2 N62'43 31 E 99.12: L21 N 8218'00"W 44.72' 9 I L3 362'43'31W 14.75 L22 N63"3r33"E 28.09' SCALE: 1 = 1 00' L4 SO1'41132"E 86.99: •L23 S30'09'18" W 40. 00' L5 S0115145W 35.74 L6 S1810'22"W 127.99' CURVE TABLE L7 SO5'53 52 W 120.11 CURVE DELTA RADIUS LENGTH L8 S87'52'23"W 33.96' C1 3115W 40.0V 123.66' L9 N06"00'00"E 113.16' C2 1755'08" 123.57' 27.86' ' L10 N1816145"HE 32.50: C3 77'25'22" 20.00' 27.03' L11 N48'20'53 W 10.00 21.50, C4 45'53'34" 50.89' 40.76' , L12 N 24'511'17"W C5 1917:35" 80.00' 26.94' L13 N17'40 29"W 37.28' C6 1015 27" 155.00' 27.75' L14 N20'07'39"W 10.87' C7 56'37'45" 100.00' 98.84' L15 N26'59148"W 63.71' EXHIBIT "B" IA EXHIBIT & BRAZE ENGINEERING,INC. PLAT TO ACCOMPANY LEGAL DESCRIPTION. FOR OPEN SPACE EASEMENT CIVIL ENGINEERS • LAND SURVEYORS LANDS OF PROGRESSIVE CAPITAL BAY AREA REGION SACRAMENTO REGION 2495 INDUSTRIAL PKWY WEST 3017 DOUGLAS BLVD, #300 DEVELOPMENT, LLC HAYWARD, CALIFORNIA 94545 ROSEVILLE, CA 95661 (P) (510) 887-4086 (P) (916)966-1336 25700 BASSETT LANE, (F) (510) 887-3019 (F) (916)797-7363 LOS ALTOS HILLS, CA. WWW.LEABRAZE.COM PAGE 3 OF 3 JOB #2130851C1/219ngt_17DRAWN BY: M.J. WALTERS MA1341112017 Open Space Esmt.docx.txt Parcel name: OPEN SPACE ESMT TOTAL Line Course: S 59-50-42 E Length: 74.42 Curve Length: 123.66 Radius: 40.00 Delta: 177-07-59 Tangent: 1598.45 Chord: 79.97. Course: N 31-35-19 E course In: N 30-09-18 E Course Out: N 33-01-19 E Line Course: N 62-43-31 E Length: 99.12 Curve Length: 27.86 Radius: 123.57 Delta: 12-55-08 Tangent: 13.99 Chord: 27.80 Course: S 33-23-33 E Course In: N 63-04-01 E Course Out: S 50-08-54 W Curve Length: 27.03 Radius: 20.00 Delta: 77-25-22 Tangent: 16.03 Chord: 25.02 Course: N 78-33-48 W course In: S 50-08-53 w Course Out: N 27-16-29 w Line Course: S 62-43-31 W Length: 14.7.5 curve Length: 40.76 Radius: 50.89 Delta: 45-53-34 Tangent: 21.55 Chord: 39.68 Course: S 39-46-44 W Course In: S 27-16-29 E Course out: N 73-10-03 W Curve Length: 26.94 Radius: 80.00 Delta: 19-17-35 Tangent: 13.60 Chord: 26.81 Coursers 26-28-44 W Course In: N 73-10-03 W Course Out: S 53-52-29 E Line Course: S 01-41-32 E Length: 86.99 1 Line Course: S 01-15-45 W Length: 35.74 1 i Line Course: s 18-10-22 w Length: 127.99 Line Course: S 05-53-52 W Length: 120.11 1 Line Course: S 87-52-23 W Length: 33.96 Curve Length: 27.75 Radius: 155.00 Delta: 10-15-27 Tangent: 13.91 Chord: 27.71 Course: N 45-11-17 W Course In: S 49-56-27 W Course Out: N 39-41-00 E Line Course: N 06-00-00 E Length: 113.16 1 Line Course: N 18-16-45 E Length: 32.50 t Line Course: N 48-20-53 W Length: 10.00 Line Course: N 24-50-17 w Length: 21.50 5 Line course: N 17-40-29 w Length: 37.28 Page 1 1 4 Resolution 65-17 Page 12 i Open space Esmt.docx.txt Line Course: N 20-07-39 W Length: 10.87 Line Course: N 26-59-48 W Length: 63.71 Line Course: N 30-09-18 E Length: 12.86 Line Course: N 33-50-29 W Length: 15.96 Line Course: N 37-59-33 W Length: 19.61 Line Course: N 55-33-51 w Length: 24.78 Line Course: N 76-49-08 W Length: 33.48 Line Course: N 82-18-00 W Length: 44.72 Line Course: N 63-31-33 E Length: 28.09 Curve Length: 98.84 Radius: 100.00 Delta: 56-37-45 Tangent: 53.88 Chord: 94.86 course:. S 88-09-34 E Course In: S 26-28-27 E Course out: N 30-09-18 E Mapcheck closure - (uses listed courses and chords) Error closure: 0.01 Course: N 00-23-58 W Error North: 0.012 East : -0.000 Precision 1: 138,346.00 1 Page 2 k' Resolution 65-17 Page 13