HomeMy WebLinkAbout11-19RESOLUTION 11-19
RESOLUTIpN OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(LANDS OF NAGARAJ)
WHEREAS, Ashwath Nagaraj and Vileena Nagaraj ("Owner") owns the property commonly known
as 25769 Elena Road, Los Altos Hills, California (APN 175-49-010); 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 18th day of April, 2019 by the following vote:
AYES: Spreen, Wu, Corrigan, Tankha, Tyson
NOES: None
ABSENT: None
ABSTAIN: None
BY:
Roger Sp en, Mayor
Resolution 11-19 Page 1
ATTEST
Deborah L. Padovan, City Clerk
-
Resolution 11-19
Page 2
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 this 19 4- day of March, 2019, by and between Ashwath Nagaraj and Vileena
Nagaraj, ("Owner") and the TO" OF LOS ALTOS HILLS, a municipal corporation,
(` `Town") .
-RF.C.TTAT.,q
A. Owner owns .that certain real property in the Town of Los Altos Hills
commonly known as 25769 Elena Road, Los Altos Hills, California (APN 175-49-010).
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 I I -19 Page 3
N
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 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 subj ect 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 11-19 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 oven 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.
Date: �w-- lam, 2019
Date: Nig�2019
Date: l 0?q 9 2019
J -IN
ATTEST -.-';-
City Clerk- Deborah Padovan
tV
Ashwath Nagaraj
Ia--?Sfaj
Vikena �
-'v - I
TOWN OF LOS ALTOS HILLS:
,
Mayor Roger Sp It"Ln
ty"
Resolution 11-19 Page 5
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
1:1 11 11 . _. i i � i i �: �; : I I I i :1• • 1 !; z A I : i 11 1 1 � i i i8.r;� : l�,�
- - - - - - - - - -
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 56u)+4 Ctl&ra
On 1q. "7z) N" before me, 5-av-n-A PVQ u0i'( t PLt;'�'�-�
Date Here Insert Name and Title of the Officer
personally appeared h0617� allA VA&fLA 010�
Name(s) of Signer(s)
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.
SARAH G. R05USTELLI
Notary Public - California
Z A Santa Clara County �Z-
Z Commission # 2254287
Ay Comm. Expires Aug 14, 2022
I
Race Notary Seal and/or Stamp Above
L191 2 d
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.
Signature
Signature of Notary Public
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
9
Title or Type of Document: Arrre�� 4 -Dy -
Document Date. 3 CT It C-1 Number of Pages: &W
Signer(s) Other Than Named Above:
Capacity(les) CIa=*J by Signer(s)
Signer's Name:
ri Corporate Officer — Title(s):
11 Partner — El Limited 11 General
I ndividual El Attorney in Fact
I -I
I Trustee 11 Guardian of Conservator
El Other:
Signer is Representing:
C)2017 National Notary Association
Sig n e r's Name:
El Corporate Officer — Title(s):
El Partner — El Limited [I General
;-< Individual El Attorney in Fact
[I Trustee o, Guardian of Conservator
[I Other:
Signer is Representing:
Resolution 11-19 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 April 24, 2019, before me, Deborah L. Padovan, Notary Public, personally appeared Roger
Spreen, 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.
Signature: (Seal )
A261
DEBORAH L. PADOVAN
Notary Public - California
Santa Clara County
My
Commission 12282419
Comm. Expires Apr 19, 2023
Resolution 11-19 Page 7
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: April 24, 2019
Place: Town Hall
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Resolution 11-19 Page 8
Certified. as a true copy
RESOLUTION 11-19
By
City Clerk of the Town--�-Df .Los Altos, NipsRESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEME-NT
(LANDS OF NAGARAJ)
WHEREAS, Ashwath Nagaraj and Vileena Nagaraj ("Owner") owns the property commonly known
as 25769 Elena Road, Los Altos Hills, California (APN 175-49-010); 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 18th day of April, 2019 by the following vote:
AYES: Spreen, Wu, Corrigan, Tankha, Tyson
NOES: None
ABSENT: None
ABSTAIN: None
BY:
Roger Sp en, Mayor
Resolution 11-19 Page 9
Resolution 12-19 Page 1
ATTEST
Deborah L.. Padova*n, City Clerk
Resolution 11-19
Resolution 12-19
Page 10
Page 2
EXHIBIT "All
LEGAL DESCRIPTION
OPEN SPACE EASEMENT
LANDS OF NAGARAJ
25769 ELENA ROAD, LOS ALTOS A
APN 175-49-010
AN EASEMENT OVER CERTAIN REAL PROPERTY SITUATE IN THE TOWN OF LOS ALTOS HILLS,
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEING A PORTION OF LOT 58, AS DESIGNATED AND DELINEATED UPON THAT CERTAIN MAP
ENTITLED "MAP OF THE SUBDIVISION OF LOT 2 AND PART OF LOT 1 OF THE TAAFFE PARTITION
IN THE RANCHO LA PURISSIMA CONCEPTION," FILED FOR RECORD IN THE OFFICE OF THE
RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON JUNE 25, 1894 IN
BOOK "H" OF MAPS, PAGES 76 AND 77, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT IN THE CENTERLINE OF ELENA ROAD, FORMERLY PURISSIMA AVENUE
(60 FEET WIDE), AT THE MOST NORTHERLY CORNER OF LOT 58 OF SAID MAP.
THENCE SOUTH 69028'00" EAST, 30.51 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 69028'00" EAST, 167.48 FEET;
THENCE SOUTH 21029'00" EAST, 28.70 FEET;
THENCE NORTH 78044'37" WEST, 103.33 FEET;
THENCE NORTH 74059'00" WEST, 76.70 FEET;
THENCE NORTH 10004'20" EAST, 46.12 FEET TO THE TRUE POINT OF BEGINNING HEREIN
DESCRIBED;
CONTAINING 6,190 SQUARE FEET MORE OR LESS.
AS SHOWN ON THE PLAT ATTACHED HERETO AND MADE A PART HEREOF, ENTITLED EXHIBIT "B"
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PREPARED ON MARCH 7, 2019
LC ENGINEERIN
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TOM H. MILO LS NO. 6438
EXPIRATION DATE 12/31/2020
LC ENGINEERING Res i -1 SHEET Page 2
598 E Santa Clara St, Suite 270 San Jose 8�iP. (4908) 805-7187 Fax: (408) 583-4006
I
GRAPHIC SCALE
0 ' 25 50 100 BASIS OF BEARINGS
THE BEARINGS SHOWN ON THIS MAP ARE BASED
ON THE RECORD BEARING OF THE CENTERLINE OF
IN FEET PURISSIMA AVENUE (CURRENTLY ELENA ROAD)
1 inch = 50 ft. N10004'20"E AS SHOWN ON THAT RECORD OF
SURVEY RECORDED IN BOOK 32 OF MAPS, AT
PAGE 28, SANTA CLARA COUNTY RECORDS.
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OPEN SPACE EASEMENT
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EXHIBIT 5313"
PLAT TO ACCOMPANY LEGAL DESCRIPTION
FOR OPEN SPACE EASEMENT LC ENGINEERING
25769 ELENA ROAD 598 E Santa Clara St #270
APN 175-49-010 San Jose, CA 95112
LOS ALTOS HILLS CALIFORNIA Phone-, (408) 806-7187
SHEET: 2 OF 2 SCALE: 1 50' DATE: 02/18/19 DRWG. NAME: 257691tt9dh1fiDWY1 06AV DWG PROJECT NO. Fax: (q.0$) 583-4006
Page 12