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HomeMy WebLinkAbout8-18 RESOLUTION 08-18 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (LANDS OF SOMEKH) WHEREAS, Eta and Sasson Somekh ("Owner") own the property commonly known as 13875 Mir Mirou Drive(APN 182-32-029), 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 15`h day of February, 2018 by the following vote: AYES: Radford, Spreen, Corrigan, Waldeck, Wu NOES: None ABSTAIN: None ABSENT: None BY: . John Radford, Mayor Resolution 08-I8 Page 1 ATTEST: Deborah Padovan, City Clerk Resolution 08-18 Paget 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 thisday of au' 2017, by and between Sasson and Eta Somekh, ("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 13875 Mir Mirou Drive, Los Altos Hills, California (Assessor's Parcel Number 182-32-029). 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 fmds 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 08-18 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 Clam, 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 08-18 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: 1112.1..)17 (_ S e r Sasson omekh Eta Somekh TOWN OF LOS ALTOS HILLS: Date: fl6rusrya?/ J04 / .�IJJL ���///JJJ �/// / Mayor,John Radford ATTEST: 1��L( /K City Clerk-Deborah Padovan Resolution 08-I8 Page 5 ACKNOWLEDGMENT 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 Sanaa Ctc4P; On al.21(t'9- before me, T,sU.r 6cti(t1-Pirtler tio1.ct Pub(e, J(insert name and title of Pirtle/ officer) personally appeared SaSTeh Sop erh i 56, Sow c h 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(s), 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. TYLER GARRETT PETTEY WITNESS my hand and official seal. commission x 2103551 - Notary Public•California q}'' Santa Clara County -- /�,.. Mx Comm.Eaves Mar 17_2019 Signature / _ (seal) Resolution 08-18 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: February 22, 2018 Place: Town Hall Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Resolution 08-I8 Page 7 Certified as a true copy RESOLUTION 08-18 CAy Clerk Mee 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 SOMEKH) WHEREAS, Eta and Sasson Somekh ("Owner") own the property commonly known as 13875 Mir Mirou Drive(APN 182-32-029), 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 156 day of February, 2018 by the following vote: AYES: Radford, Spreen, Corrigan, Waldeck, Wu NOES: None ABSTAIN: None ABSENT: None BY: 642c. John Radford, Mayor Resolution 08-18 Page 8 Resolution 08-18 Page I ATTEST: aftetkVa Deborah Padovan,City Clerk Resolution O8-I8 Page 9 Resolution 08-18 Page 2 EXHIBIT A LEGAL DESCRIPTION OPEN SPACE EASEMENT LANDS OF SOMEKH 13875 MIR MIROU DRIVE,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 8 as said Lot is shown on that certain Map entitled"Tract No. 6604", filed for record on August 27, 1979 in Book 448 of Maps at Pages 30 through 34,records of said County, and more particularly described as follows: BEGINNING at a point on the northerly line of said Lot 8, said point lying distant North 79°23'40" East, 238.28 feet from the northwest corner of said Lot 8; Thence continuing along said line,North 79°23'40"East, 76.72 feet to an angle point in the boundary of said Lot 8; Thence along the boundary lines of said Lot 8 the following courses: - South 69° 36' 20" East, 170.00 feet - South 19° 43'01" East,212.00 feet - South 29° 30'07" West, 110.00 feet Thence along the southerly line of said Lot 8 South 79° 10' 49" West, 241.42 feet; Thence leaving said southerly line,North 10°49'11"West, 71.10 feet; Thence North 69°05'20"East,226.47 feet; Thence North 06°51'52" West, 69.98 feet; Thence North 51°02'38" West, 263.39 feet to the POINT OF BEGINNING. Containing 54,680 square feet, (1.26 acres) more or less. As shown on the Plat,titled Exhibit B, attached hereto and made a part hereof. Description prepared by MacLeod and Associates,Inc. (LANDs>RGDaniel G. MacLeod L.S.5304G Mao•`t0 0li 5304 �7-D&cefriee B Zo, 7 /Date l — /��Q.CO Resolution 08-I8 Page 10 LOT 14 p2.00' s 919.43'01 '7 // 29. ti ///e//// //� o• LOT 13 N ,. off, o i ACRO O;�,,, ,' ,, 4 6�j "T� 7 LOT 15 0 Mco ry / 44 0 CO • N 6'51'52" W `o 0 /ry6.y'So' 69.98' .. o N_ • /' , M 6Ary 3 PONT OF /? v LOT 12 BEGINNING o \ LANDS OF SOMEKH GIN b A.P.N. 182-32-029 / " 0 Les M LOT 8 1 to LOT 7 o w ''� 448 MAPS 30-34 N 1D'49.11" W S �° 71.10' in Pei N I. I1 0, NZ R=40.00' 510'p0 ,' LOT 11 D=68'46'34" •45 Wp,1,.) / L=48.01' N 51'49 QX LOT 10 pJ GRAPHIC SCALE SL' LOT 9 80 0 40 80 160 S if \ ( IN FEET ) 1 inch = 80 ft. TITLE: EXHIBIT B PLAT TO ACCOMPANY LEGAL DESCRIPTION OPEN SPACE EASEMENT ILANO M0' oSGS LANDS OF SOMEKH cep `�� 13875 MIR MIROU DRIVE, LOS ALTOS HILLS, CA o e - 1 PLAT: SCALE: DATE: JOB #: Jz DJK 1'= 80' 12-08-17 4367-16 No. 53 4 * \\t„.._____.OF CAl\NA.S* N'NG°,©LEOO D ANDD QSSOC EATES CIVIL ENGINEERING • LAND SURVEYING 965 CENTER STREEP-BAN CARLOS CA 94070 (650) 514e+8580