HomeMy WebLinkAbout28-06 • •
RESOLUTION NO. 2 8-0 6
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(Lands of Szekely)
WHEREAS, Kay Carlynn Szekely("Owner") own the property commonly known as 13643
Wildcrest Drive, 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 27th day of April , 2006
BY:
Mayor,
ATTES
City Clerk_
• •
Attachment A
Open Space Easement Agreement
411V Attachment A to Resolution 28-06
to
DOCUMENT: . 19361169 Pages: 7
III 11111 I II II II Fees. . . . * No Fees
Taxes. . .
This Document Is Recorded AMT I PA I D
For the Benefit of the
Town of Los Altos Hills
And is Exempt from Fee REGINA ALCOMENDRAS RDE # 001
Per Government Code SANTA CLARA COUNTY RECORDER 3/28/2007
Sections 6103 and 27383 Recorded at the request of 1 1 :37 AM
City
When Recorded,Mail to:
Town of Los Altos Hills
26379 Fremont Road PO #- 1'936 //6'9
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 27th day of April , 2006, by and between Kay Carlynn Szekely("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 13643 Wildcrest Drive,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
• i
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.
OWNER:
Date: �f' /.3- , 2006
I ; oarlynn Sz.�!�ly
TOWN!' LOS ALTOS HILLS:
Date: 4/2-1 , 2006
Mayor
ATTEST: �
City Clerk 4Ir
•
•.
STATE OF CALIFORNIA )
) ss:
COUNTY OF 3A1\11 fr(LAO)
Esperanza Torres
On , 2006, before me&the undersigned Notary Public, personally appeared
ta=0 S7x.i(tL'-j, pecganally-erowirto me or proved to me on the basis of satisfactory
evidence to be the person whose name is subscribed to the within instrument and
acknowledged to me that they executed the same in their authorized capacity, and that the
signature On the instrument the person, or the entity upon behalf of which the person
acted, executed the instrument.
WITNESS my hand and official seal.
Signature % ESPERANZA TORRES
N' Commission#1534493
zee. Notary Public-California t
T�T �'ur Santa Clara County
• My Comm.Expires Dec 13,2008
STATE OF CALIFORNIA )
) ss:
COUNTY OF
On , 2006, before me, the undersigned Notary Public, personally appeared
, personally known to me or proved to me on the basis of satisfactory
evidence to be the person whose name is subscribed to the within instrument and
acknowledged to me that they executed the same in their authorized capacity, and that the
signature on the instrument the person, or the entity upon behalf of-which the person
acted, executed the instrument.
WITNESS my hand and official seal.
Signature
• •
2050098
EXHIBIT "A"
Legal Description—Open Space Easement
An easement for open space purposes over a portion of that certain Real Property located
in the Town of Los Altos Hills, County of Santa Clara, State of California as shown on
Exhibit "B" made a part hereof, being all of the lands described in the Grant Deed to Kay
Carlynn Szekely or her successor(s) as Trustee of Trust A crtd. und. agrmt. dtd. August 8,
1989 in Document number 13112448, recorded November 29, 1995, Santa Clara County
Records, said easement being more particularly described as follows:
Beginning at the Southeasterly corner of said Lands of Szekely; thence along the
Southerly line of said parcel,
S 59°34'34" W, 66.93 feet;
S 76°48'34" W, 126.07 feet;
S 72°18'34" W, 115.12 feet; thence leaving the said Southerly line the following
courses:
N 23°50'33" E, 17.00 feet;
N 47°37'45" E, 66.00 feet;
N 52°57'36" E, 74.00 feet;
N 33°38'19" E, 28.46 feet;
N 03°55'07" E, 11.00 feet;
N 14°36'51" W, 18.00 feet;
N 04°11'06" E, 89.00 feet;
N 58°02'04" E, 74.00 feet;
N 81°1429" E, 20.00 feet to the Easterly line of said parcel; thence along the
Easterly line of said parcel S 21°23'10" E, 204.08 feet to the point of Beginning.
IhND
�
",w No. 4588 y
4. I1 '
•
•
LINE TABLE
LINE LENGTH BEARING i 0 30 60 120
L1 66.93 S59'34'34"W IIIMM&MEMMEMIll
L2 126.07 S76'48'34"W
L3 115.12 S72'18'34"W SCALE: 1" - 60'
L4 17.00 N23'50'33"E
1 L5 66.00 N47'37'45"E LAND S
L6 74.00 N 7' " S� Y C
52 5 36 E 4? i, ,• 4
L7 28.46 N33'38'19"E 4k 1'
L8 11.00 NO3'55'07"E6."7 ti No. 4588 y
L9 18.00 N14'36'51"W # Exp. 9-30-08
*
L10 89.00 N04'11'06"E
L11 74.00 N58'02'04"E
L12 20.00 N81'14'29"E ' CAS
L13 204.08 S21'23'10"E LANDS OF
COO ESE 1, 141A-b
( ) = RECORD DATA PER 0 /
9
DOC.# 13112448 0"E /��1• /
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2
LOT 6N5
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TRACT 0627
11300K 433 OF MAPS, j
AT PAGES 38 A 39 ? w
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`ryh,Iy� LANDS
`v LANDS OF t OF
I-rev/ PROPOSED Cr) SZEKELY /w v RYANi
sow11)/ OPEN SPACE DEED C. NO.// o
ryCti EASEMENT �1 131112448 0 /
\f) / 699868 SQ FT.
X.377 ACHES
\-5 P.O.B.
, A
\itIlf L3
L2
. 4 34 W
S72'18'34"W 163.16' S76 '48'34"W 126.07' -5g66.93�
((163.23
LADSO IF LEE EXHIBIT "B"
I
LEA & SUNG ENGINEERING, INC. OPEN SPACE EASEMENT
13643 WILDCREST DRIVE
CIVIL ENGINEERS • LAND SURVEYORS LOS ALTOS HILLS, CALIFORNIA
2495 INDUSTRIAL PARKWAY WEST SANTA CLARA COUNTY
HAYWARD, CALIFORNIA 94545
(510) 887-4086 APN: 175-36-020 APRIL 2006
FAX (510) 887-3019
DRAWN BY: PC JOB# 2050098
• I
RESOLUTION NO. 28-06
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(Lands of Szekely)
WHEREAS,Kay Carlynn Szekely ("Owner") own the property commonly known as 13643
Wildcrest Drive, 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 27th day of April , 2006
BY:
Mayor,
ATTE
- rtified as a l e copy
City Clerk
4111 / _
By
City Clerk• the To of Los Altos Hills