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Home My WebLink About19-06 • • RESOLUTION NO. 19-06 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (Lands of Yanez) WHEREAS, Luis M. Yanez and Georgina C. Yanez, husband and wife as Joint Owners (collectively, "Owner") own the property commonly known as 28025 Natoma Road, 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 Owners have offered to enter into an agreement for open space easement attached to this Resolution as Attachment A ("Open Space Easement Agreement") 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 Open Space Easement Agreement to be consistent with the Town's General Plan and in the best interests of the Town; WHEREAS, the Owners and the Town recognize that the land subject to the Open Space Easement Agreement 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 Owners; WHEREAS, the Open Space Easement Agreement 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 Open Space Easement Agreement attached to this Resolution as Attachment A; and the Mayor is hereby authorized and directed to execute the Open Space Easement Agreement. PASSED AND ADOPTED this 941ay of /14t441 , 2006 BY: M. o ATTE T. City Clerk 4111 • • Attachment A Open Space Easement Agreement e , , Attachment A to Resolution 19-06 DOCUMENT: 19539443 Pages: 8 Fees. . . . No Fees Taxes. . . This Document Is Recorded II II III II I II I I Cop i es. . For the Benefit of the AMT PAI D Town of Los Altos Hills And is Exempt from Fee REGINA ALCOMENDRAS RDE # 001 Per Government Code SANTA CLARA COUNTY RECORDER 8/06/2007 Sections 6103 and 27383 Recorded at the request of 2: 10 PM When Recorded,Mail to: City Town of Los Altos Hills • 26379 Fremont Road Los Altos Hills,CA 94022 Attention: City Clerk /9 53 ‘4 Wg1(//)141(11- AGREEMENT FOR OPEN SPACE EASEMENT This Agreement .r Open Space Easement ("Agreement") is made and entered into this 19 day of 0 r ' • ./ , 2006, by and between Luis M. Yanez and Georgina C. Yanez, Husband and Wife as Joint Tenants, (collectively "Owner") and the Town of Los Altos Hills, a municipal corporation, ("Town"). RECITALS A. Owners own that certain real property in the Town of Los Altos Hills commonly known as 28025 Natoma Road, 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 grantors, hereby grant an open space easement to the Town of Los Altos Hills, a municipal corporation in the County of 1 M1 1 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 declare 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 or an approved septic system, 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 measures; and 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. • 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. 0 1AS: _ uis M. Yanez j4 Date: 130.12 , 2006 GeorginaJ Yanez TOWN OF LOS I TOS HILLS: Date: /612-4-‘ , 2006 ! - Mayor W ATTEST: ' � City Clerk 4 • Certificate of Acknowledgement State of California County of Santa Clara On d ,�- -� l� �Jo�a�y _ e_ r,-II KXJ.p r c�6 ,2006 before me3Riba ra �'y• 01,4,6 . , personally appeared (9Pn r cp 1.1,1 (' -\ 2, PZ personally known to-me (or proved to me on the basis of') sa s actory evidence)to be persons whose namecaj /are subscribed to the within instrument and acknowledged to me that he/Ce/they executed the same in if Vii- heir authorized capacity(ies), and that by hisaitheir signature(s3 on the instrument the person(s); or the entity upon behalf of which the persons--acted, executed the instrument. WITNESS my hand and official seal. SignatureOr, / , (Seal) IIIIIIIIIII111111111111111111IIII III11111111II IIII II I I1111111IIII IIII IIIIIII1111111IIIIIIIIU BARBARA A. ALESCH COMM.#1660509 ti � NOTARY PUBLIC CALIFORNIA ▪ 1ai .1 SANTA CLARA COUNTY My Comm.Exp.May 12,2010 N •u▪Wlhuumunun!uIInn!a!nInIIIIIIn111Itill!lIIIIIInlUhi lhhhmmiumaii • t• Certificate of Acknowledgement State of California County of Santa Clara ( �- ,jj yJ'r a2 ro ,2006 before me Agro /-I. ie44, �,'T;Vdsonally appeared Lois 1/n"1'r1,.02_ personally -te me (Eproved to me on the basis of satisfactory evidence to be person(s) whose named/ar-e subscribed to the within instrument and acknowledged to me tha&ie she/they executed the same i !! > their-- authorized capacity(ies), and that by /her/their signature(}on the instrument the person(s)-, or the entity upon behalf of which the person(.)-acted, executed the instrument. WITNESS my hand and official seal. mmnnx►uuuuuuumumunimiiim uuunuum►►mnmunmuu BARBARA ►►►� A. ALESCH ,^ COMM.#1 Signatu _��. / Seal) E'ti-t 7 � -i:%r: bIOTARY PUBLIC-CALIFORNIA Iag.• SANTA CLARA COUNTY Ymmnm miemunuuummmamnn►i►1ix �u m nuuuuO ■ m A.C. & H. CIVIL ENGINEERS INC. ASSOCIATION OF JOHN G. R. CLEGG &ALAN HUNTZINGER 2443 ASH STREET PALO ALTO, CALIF. 94306 (650) 327-3900 (408) 294-4000 , DESCRIPTION OPEN SPACE EASEMENT LANDS OF YANEZ A strip of land fifty (50) feet wide along and northerly of the south line of Lot 16, as said Lot 16 is shown upon that certain map entitled "Map of the Subdivision of Lot 2 and part of Lot 1 of the Taaffe Partition", which Map was filed for record June 25, 1894, in Book H of Maps at pages 76 and 77, Santa Clara County Records, and the south line of such easement is more particularly described as follows: Beginning at the southeasterly corner of said Lot 16, Thence along the southerly line of Lot 16, North 68° 00 ' West, 108.17 feet, and North 89° 14 ' 52" West, 118.14 feet, and North 64° 45 ' West, 88.50 feet to the Southwesterly corner of Lot 16 and the end of this' description. Document No. 15301365 A.P.N. 182-10-058 7144,0F.E'' ft-iii it 9 ritp r.071• .C.E. • 18925 . \ , P. &? 30.0 I pygpgp� YY. dy} ' ' " A. C. & H. CIVIL EN( ERS, INC. JOB 21 O — • 2443 Ash Street _lite H SHEET NO. OF PALO ALTO, CA 94306-1803 (bi)0 327-3900 (408) 294-4000 CALCULATED BY DATE CHECKED BY DATE SCALE III= 8t), - t<A Gr4�OV -CRUSICE ; , rs, rl ‘kke:::) INII TRUSTEE,. S J 1 eia.r> a_ 102.,&f '` \-- S 3 63.'1..1— ): 4)1ti Q-- 0 A.P.N.��j° 182-10-058 S J R co.. .. .. s .._ ...ERAA.�. Nuw c? \5 IS64k5 `' d) in ,..1 i 1 - E fel. ......................... 4,49.e. gip' OPEN s PAC-E.'er EAsc.MC/Jr ...... _v- N...811, 52....1,;/ co' ` VV oo003) Pt -t`g, R, `'' C2aoef3, '3331 • L� F .O.E. 1 9 .. 2 ._._.;!t '................. \; . E..XR 6-30-0-7, Document No. 153013 6 5 9 , D PRODUCT 204-1(Single Sheets(205.1(Padded)/N /®Inc.,Groton,Mass.01471.To Order PHONE TOLL FEE 1400.225.6380 i LOSALTOS HILLS tigAt r CALIFORNIA I, Karen Jost, duly appointed City Clerk for the Town of Los Altos Hills, do herby declare under penalty of perjury that the foregoing is true. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 6th day of August, 2007. Date: August 6, 2007 Attest: Place: Town Hall clerk Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 26379 Fremont Road Los Altos Hills California 94022 650 / 941 -7222 Fax 650/941-3160