HomeMy WebLinkAbout78-18 RESOLUTION 78-18
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(LANDS OF NAVARRO)
WHEREAS, Lenito M. Navarro and Minerva C. Navarro ("Owner") own the property commonly
known as 26811 Moody Court, Los Altos Hills, California(APN 182-30-047); 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 20"day of September 2018 by the following vote:
AYES: Radford, Spreen, Corrigan,Waldeck, Wu
NOES: None
ABSENT: None
ABSTAIN: None
BY:
ohn Radford, Mayor
Reaolu[ion 78-18 Page 1
"Ibis 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 greement for Open Space Easement ("Agreement') is made and
entered into this_day of2018,by and between Lenito M.Navarro
and Minerva C. Navarro ("Owner' and [he 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 26811 Moody Court,Los Altos Hills, California(APN 182-30-047).
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:
Resolution 78-18 Page
L 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 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 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.
Resolution 78-I8 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.
OWNERS:
Date: u , 2018 vr—'
enito M.Navarro
Minerva C.Navarro
bel-
TOWN OF LOS ALTOS HILLS:
Date: G /el- / ,2018 4"
Cig(fin ayor-John Radford
ATTEST: `
City Clerk- Deborafi Padovan
Resolution 78-18 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 F,he / 9,C before me, /A awnq Wr.1r Na�¢f C
personallyappearedLe,, 'rbcVvlarimclnNavarroaH fMinefv0. agrnMat✓aCt'D�
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)
*are subscribed to the within instrument and acknowledged to me that Fit/she/they
executed the same in {t//b&/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 m hand and official seal. THOMAS W.HECTOR tH
y COMM. #2103829 z
o,=y„ Notary Public California o
,,- Santa Clara County 2019
1 t _yMCues Mar,19,
Signature: 11V ' (Seal)
Resolution 78-I8 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 October 1, 2018, before me, Deborah L. Padovan, Notary Public, personally appeared John
Radford,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.
CE9Cpi11t L. 21043 N
ConlnNttlan♦210!366
Noury i, kc•cal ornis
/(/� aonh 1 Coca
Signature. yY7 — (Seal) 2019
cmm.rr lnt� rtt,
Resolution 78-I8 Pop 7
Cel8Ae4 ss..st"copy
RESOLUTION 78-18 _
By
RESOLUTION OF THE CITY COUNCIL OF THE City Clerk o""s TOO of LosARos Hills
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT ---__
(LANDS OF NAVARRO)
WHEREAS, Lenito M. Navarro and Minerva C. Navarro ("Owner") own the property commonly
known as 26811 Moody Court, Los Altos Hills, California(APN 182-30-047); 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 20"day of September 2018 by the following vote:
AYES: Radford, Spreen,Corrigan,Waldeck,Wu
NOES: None
ABSENT: None
ABSTAIN: None
BY:
ohn Radford, Mayor
Rc olution 78-I8 Page 8
Resolution 78-I8 Page 1
EXHIBIT"A"
LEGAL DESCRIPTION
OPEN SPACE EASEMENT
LANDS OF NAVARRO
26811 MOODY COURT
TOWN OF LOS ALTOS HILLS,CA
AN EASEMENT OVER CERTAIN REAL PROPERTY, SITUATE M THE TOWN OF LOS ALTOS HILLS,
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, BEING A PORTION OF LANDS DESCRIBED IN
THAT CERTAIN GRANT DEED RECORDED MAY 14, 2015 AS DOCUMENT 22951099, RECORDS OF
SANTA CLARA COUNTY,STATE OF CALIFORNIA,MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A STAKE MARKED"J.13.2-1/2"SET AT THE MOST SOUTHEASTERLY CORNER OF
THE BLANCO RANCHO,AS SAID RANCHO IS SHOWN UPON THAT CERTAIN MAP ENTITLED"MAP OF
THE CORITA VINEYARD"WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER
OF THE COUNTY OF SANTA CLARA IN BOOK"K"OF MAPS AT PAGES 84 AND 85;THENCE ALONG
THE BOUNDARY OF SAID RANCHO,NORTH 460 52'24"WEST 26.00 FEET TO THE TRUE POINT OF
BEGINNING; THENCE ALONG THE SOUTHERLY LINE OF LANDS DESCRIBED IN SAID DEED, SOUTH
82150'00" WEST 99.53 FEET; THENCE LEAVING SAID SOUTHERLY LINE,NORTH 58000'33"WEST
31.52 FEET;THENCE NORTH 43047'17"WEST 20.36 FEET;THENCE NORTH 71036'03"WEST 14.01
FEET; THENCE NORTH 62°03'16"WEST 25.77 FEET; THENCE NORTH 32058'47"WEST 71.07 FEET;
THENCE NORTH 02022'21"WEST 53.42 FEET;THENCE NORTH 16050'12"WEST 5.80 FEET;THENCE
NORTH 23012'32"WEST 16.80 FEET; THENCE NORTH 33013'23"WEST 6.07 FEET;THENCE NORTH
39028'00" WEST 12.33 FEET; THENCE NORTH 58155'53" WEST 30.92 FEET; THENCE NORTH
43°03'38"WEST 5.75 FEET TO A POINT ON THE NORTHWESTERLY LINE OF THE LANDS DESCRIBED
IN SAID DEED;THENCE ALONG SAID NORTHWESTERLY LINE NORTH 73002'49"EAST 79.05 FEET TO
THE MOST NORTHERLY CORNER OF THE LANDS DESCRIBED IN SAID DEED; THENCE ALONG THE
NORTHEASTERLY LINE OF THE LANDS DESCRIBED IN SAID DEED THE FOLLOWING TWO (2)
COURSES:
1) SOUTH 38037'11"EAST 246.84 FEET AND
2) SOUTH 46052'24"EAST 50.32 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 0.567 ACRES,MORE OR LESS.
THE ABOVE DESCRIPTION SHOWN ON EXHIBIT"B"ATTACHED HERETO AND BY THIS REFERENCE
MADE APART HEREOF.
END OF DESCRIPTION �S�p LAND ,4�9"
\V4. PCL J.
PREPARED BY OR UNDER
THE SUP VISIONO ' 9�
JULY 27,2018 7} Exp LS 5528 i
MICHAEL J. ALTERS PLS 5528 DATE
NJ, P
41 OF CALIFOP
Reulu[i"u 78-I8 PAGE 1 OF 2 Page 10
LANDS OF 7®WK OF LOS POINT OF COMMENCEMENT
ALTOS HOLd� "JB 2-1/2" 0 S.E. CORNER
OF BLANCO RANCHO,
DEED DO. 72 8
y0.32
S38.37'11'E 247.34' 22 N
g 0 OPEN
3PACEASEME
O.567
ET z
ACRES
dgJ �+ 2 Sl 11LU 0710-0.9-W
2000 Q•W
qiF
v LANDS Or NA19AWRO A.
DEED DOC. 22951OW
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531.48Y15
20.00• °Po��9l S �ASEMEryDE(7047 OR 61
34) oODy co s
do
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LINE TABLE 0 _AN
LINE BEARING LENGTH J. "c
Ll N58'00 3 W 0 25 50 100
N434717 W y o
N71'36 03 W r
4 N621031w SCALE: 1" = .7V 55M10. Q2
N32.58 47 W rf •'°P�Fo
LISI OF N 1W
N16501 Wrl Rn
N23'1232 W LEGEND
9 N33'13 23 W ---------------- OPEN SPACE EASEMENT
N3 '28 D W — - - - - — PROPERTY BOUNDARY
1 — — — — — EXISTING EASEMENT
1 1 03 38 W ADJACENT PROPERTY
EXMIT "B"
PLAT TO ACCOMPANY LEGAL
awl. ENOINEERS - L NO SURVEYORS DESCRIMON FOR OPEN SPACE EASEMENT
BAY AREA REGION SAC MOM REBON LANDS OF NAVARRO
2186 110951RIAl PKWY REST 3017 000CLA5 KZ. /300
HAWARD. OAVFORNIA 81616 ROSENIIE• CA 95661 26811 MOODY COURT,
(P) (510) 887-4085 (P) (918)999-1335 LOS ALTOS HILLS, CA.
(F) (510) 887-3019 (F) (919)79]-7363
V .EEABRAZE.COM 2170881 Cl
PAGE 2 OF 2 RAWN BY. M.J. WALTERS PLS JUL 77,7-018