HomeMy WebLinkAbout79-18 RESOLUTION 79-18
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR A SLOPE EASEMENT
(LANDS OF URBAN PACIFIC HOMES LA, LLC)
WHEREAS,Urban Pacific Homes LA, LLC ("Owner")owns the property commonly known as 10570
Blandor Way(APN 336-35-081), Los Altos Hills, California; and
WHEREAS, the Town has adopted a General Plan and, pursuant thereto, may accept grants of slope
easements on privately owned lands lying within the Town;
WHEREAS, the Owner has offered to enter into an agreement for a slope easement attached to this
Resolution as Attachment A ("Agreement for Slope 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 Slope 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 Slope
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 Slope 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 Slope Easement attached to this Resolution as Attachment A; and the Mayor is hereby
authorized and directed to execute the Agreement for Slope 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 20th day of September, 2018 by the following vote:
AYES: Radford, Spreen, Corrigan, Waldeck, Wu
NOES: None
ABSENT: None
ABSTAIN: None
BY:
ohn Radford, Mayor
ATTEST:
TTES
Deborah Padovan, City Clerk
R..Wtm 79-18 P.,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 SLOPE EASEMENT
This Agreement for Slope Easement ("Agreement") is made and entered
into this 8th day of August, 2018, by and between Urban Pacific Homes LA, 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 i s 10570 Blandor Way, Los Altos Hills, Calif imia(APN 336-35-081).
B. Town has adopted a General Plan and,pursuant thereto,may accept grants
of slope easements on privately owned lands lying within the Town.
C. Town finds this slope 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 a slope easement in
order to reduce potential adverse impacts on such land including grading, tree and
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:
Rnolution 79-I8 Page 2
I. Grant of Slope Easement. Owner, as grantor, hereby grants a slope
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 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 tern 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, 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
I against the cutting of trees and 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 79-18 Page 3
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: August 6 ,2018 1-----
or on
Urban aci 'c Homes LA, LLC
TOWN OF LOS ALTOS HILLS:
t)ciober 1201$
Date: Avgnst—.- 24H
ayor John Radford
ATTEST:(_�� /
City Clerk-Deborah Padovan
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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.
O MnML FIDWAN
CommUWN •2100x810435
8
Notary Putinc•Calltornla
Signature: 0&&'o (Seal) Santa Cara County
M Conor.Er Bina r 1942 019
Resolution 79-1g Page 5
Cmffied as a ane copy
By
RESOLUTION 79-18 CAy Oft of the Town of Los Altos Hills
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS-
APPROVING AGREEMENT FOR A SLOPE EASEMENT - '-
(LANDS OF URBAN PACIFIC HOMES LA,LLC)
WHEREAS,Urban Pacific Homes LA, LLC ("Owner")owns the property commonly known as 10570
Blandor Way(APN 336-35-081), Los Altos Hills, California; and
WHEREAS, the Town has adopted a General Plan and, pursuant thereto, may accept grants of slope
easements on privately owned lands lying within the Town;
WHEREAS, the Owner has offered to enter into an agreement for a slope easement attached to this
Resolution as Attachment A ("Agreement for Slope Easemenf') 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 Slope 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 Slope
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 Slope 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 Slope Easement attached to this Resolution as Attachment A; and the Mayor is hereby
authorized and directed to execute the Agreement for Slope 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`h day of September, 2018 by the following vote:
AYES: Radford, Spreen, Corrigan,Waldeck,Wu
NOES: None
ABSENT: None
ABSTAIN: None
BY:
/ - �,.// ohn Radfocd,Mayor
ATTEST: v
Deborah Padovan, City Clerk
- Re olu ion 79-18 Np 6
Raaluaon 79-18 Page 1
EXHIBIT "A"
LEGAL DESCRIPTION FOR SLOPE EASEMENT DEDICATION
LANDS OF URBAN PACIFIC HOMES LA, LLC
10570 BLANDOR WAY
LOS ALTOS HILLS,CA 94024
APN: 336-35-081
AN EASEMENT OVER CERTAIN REAL PROPERTY SITUATED IN THE TOWN OF LOS ALTOS HILLS,
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA:
BEING A PORTION OF LOT 24,AS SAID LOT IS SHOWN UPON THAT CERTAIN MAP ENTITLED
"TRACT 4064 ALBERTSWORTH ESTATES UNIT NO. 5", WHICH MAP WAS FILED FOR RECORD IN
THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA COUNTY, STATE OF
CALIFORNIA, ON OCTOBER 7, 1965, IN BOOK 200 OF MAPS AT PAGES 34 AND 35, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
A STRIP OF LAND, 25 FEET IN WIDTH, LYING NORTHEASTERLY, EASTERLY AND
SOUTHEASTERLY OF THE GENERAL WESTERLY LINE OF SAID LOT 24;THE
WESTERLY LINE OF SAID 25-FOOT WIDE STRIP BEING PARALLEL WITH AND 1.00
FOOT FROM SAID GENERAL WESTERLY LINE;AND THE EASTERLY LINE OF SAID
STRIP BEING PARALLEL WITH AND 26.00 FEET NORTHEASTERLY, EASTERLY AND
SOUTHEASTERLY OF THE FOLLOWING SEVEN (7) COURSES IN THE WESTERLY LINE
OF SAID LOT 24:
BEGINNING AT THE MOST WESTERLY COMMON CORNER FOR LOT 24 AND LOT 25;
THENCE NORTH 58020'00"WEST, 66.04 FEET;
THENCE NORTH 13000'00"WEST, 32.99 FEET;
THENCE NORTH 3000'30" WEST, 39.99 FEET;
THENCE NORTH 14040'00" EAST, 39.99 FEET;
THENCE NORTH 27030'30" EAST, 34.00 FEET;
THENCE NORTH 37050'30" EAST, 49.00 FEET;
THENCE NORTH 57000'00" EAST, 50.00 FEET TO THE TERMINUS OF SAID 25.00-FOOT STRIP.
THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 7,103 SQUARE FEET, MORE OR LESS.
ALLAS SHOWN ON THE PLAT MARKED EXHIBIT"B",ATTACHED HERETO AND HEREBY MADE A
PART HEREOF.
DESCRIPTION PREPARED BASED ON RECORD DATA. y�0IAND,90,
END OF DESCRIPTION
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R..Wi.79-18 Page 7
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DATE: 8/6/18 RW RW ENGINEERING, INC. EXHIBIT "B"
SCALE: 1'=40' lW CIVIL ENGINEERS LAND SURVEYORS PLAT TO ACCOMPANY LEGAL DESCRIPTION
505 ALTAMONT DRIVE. MILPITAS, CA 95035 FOR SLOPE EASEMENT DEDICATION
BY: RW (P) (408) 262-1899 (FAX) (408) 824-5556 LANDS OF U RBAN PACI FIC HOMES LA,LLC
SHEEP 1 OF 1 rwengineering®gmail.co LOS ALTOS HILLORUW9Y