Loading...
HomeMy WebLinkAbout12-19RESOLUTION 12-19 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (LANDS OF BRILLIANT ADNENTURE LIVING TRUST) WHEREAS, Susan Ashlie Beringer, Trustee ("Owner") awns the property commonly known as 10850 West Loyola Drive, Los Altos Hills, California (APN 331-21-010); 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, Tank -ha, Tyson NOES: None ABSENT: None AB S TAIM , None BY: Roger Vreen, Mayor Resolution 12-19 Page 1 ATTES Deborah L. Padovan, City Cleric Resolution 12-19 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 9qfday of to', 2019, by and between Brilliant Adnenture Living Trust, Susan Ashlie Beringer as Trustee, ("Owner") and the TOWN OF LOS ALTOS HILLS, a municipal corporation, ("Town"). _RF.CTTAT,.1R A. Owner ownsAhat certain real property in the Town of Los Altos Hills commonly known as 10850 West Loyola 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. n 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 12-19 Page 3 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 L 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 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 undergro, . und 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. Excgtions. 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 12-19 Page 4 5. Restrictions on Public Use. The public shall not have aright 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 Goverment Code Sections 51093 and 51094 or any successor legislation. 7. Successors M' 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 VMEREOF, the parties hereto do hereby execute this agreement. Date: 3- ZD 52019 Date: hvr)"l -d�1.52019 I ATTEST:_ City Clerk- Deborah Padovan OWNER: < Susan Ashlie Beringer, Trustee TOWN OF LOS ALTOS HILLS: Mayor -Rog tf Spre-eA Resolution 12-19 Page 5 CALI FORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §11891 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 San Mateo On 9A ?!k_ 201 before me, Sofia Jaloma, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the perso.nwhpse name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on. the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. "' SOR JMA A -G Notary- Rublic�­ -California ' Z Sanlrandscd CountyZ ConlOssion, #..21.627.31 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNES$. my'�hand and official seal. Signature OPTIONAL Though this section is optional, completing this information can d ter alteration of the document or fraudulent reattachment of this form to an unintended documen . Description of the attached document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 0 Corporate Officer — Title(s): F-1 Partner - F1 Limited El General 0 Individual El Attorney in Fact F1 Trustee ❑ Guardian or Conservator El Other: Signer is Representing: Signer's Name: El Corporate Officer — ❑ Partner - R Limited Title(s): 0 General F-1 Individual El Attorney in Fact ❑ Trustee F-1 Guardian or Conservator ❑ Other: Signer is Representing: Resolution 12-19 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) ISM pr DEBORAH L. PADOVAN Notary Public - California Santa Clara County Commission # 2282419 9j my Comm., Expi.res APT 190, 2023 Resolution 12-19 Page 7 I, Deborah Padovan, duly appointed City Clerk foz the Town of Los Altos Hills, do hereby certify under PENALTY OF PERfURY 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 12-19 Page 8 RESOLUTION 12-19 Ah Uedified as a true copy By - City Cler� . of the -Towhnf Los Altos wm RESOLUTION OF THE CITY COUNCIL EN %-ILU "r THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (LANDS OF BRILLIANT ADNENTURE LIVING TRUST) WHEREAS, Susan Ashlie Beringer, Trustee ("Owner") owns the property commonly known as 10850 west Loyola Drive, Los Altos Hills, California (APN.331-21-010); 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 reen, Mayor Resolution 12-19 Page 9 Resolution 12-19 Page I ATTEST: Deborah L. Padovan, City Clerk Resolution 12-19 Page 10 Resolution 12-19 Page 2 www. hgtsurvHying. cam 55 B13T LAN© SURVEYING 871 Woodside Way San Mateo, CA 94401 (650) 2 12-1030 EXHIBIT A - LEGAL DESCRIPTION — OPEN SPACE EASEMENT Lands of Beringer -10850 W. Loyola Dr. An easement over certain real property situate in the Town of Los Altos Hills, County of Santa Clara, State of California, and being a portion of Parcel 1, as described in the Certificate of Compliance which was recorded May 30, 1995 in Book N865 Page 1930, Official records of Santa Clara County, being more particularly described as follows: BEGINNING at the most southerly corner of Lot 3, as.shown on that certain subdivision map entitled "Tract No. 5618 Cinnabar Hills" which was filed for record on January 29, 1975 in Book 351 of Maps pages 1-2, Santa Clara County records, being the most southerly corner of said Parcel 1 of said Certificate of Compliance; 1. Thence along the southwesterly line of said Lot, North 2904532" West, a distance of 27.49 feet; 2. Thence leaving said line, North 71'35' East, a distance of 53.00 feet; 3. Thence North 52001' East, a distance of 36.00 feet; 4. Thence North 430 East, a distance of 16.00 feet; 5. Thence North 30'54' East, a distance of 39.00 feet; 6. Thence North 420 East, a distance of 14.00 feet; 7. Thence North 22039' East, a distance of 34.00 feet; 8. Thence North 28054' East, a distance of' 59.00 feet; 9. Thence North 10048' East, a distance of 27.50 feet; 10. Thence North 02'22' East, a distance of 20.03 feet, to the northeasterly line of said Parcel 1 of said Certificate of Compliance; 11. Thence along said line, South 70059'20" East (being South 70049'09" East of record per said Certificate of Compliance), a distance of 39.34 feet, to the most easterly corner of said Parcel 1 of said Certificate of Compliance, being a point on the southeasterly line of said Lot 3 (Book 351 Maps 1-2); 12., Thence along said southeasterly line, South 11'04'46" West (being South 11'0013" West of record per said Certificate of Compliance), a distance of 43.97 feet; Resolution 12-19 Page 1 Of Dag 11 13. Thence South 24016'20" West, a distance of 143.64 feet (being 143.52 feet of record per said Certificate of Compliance); 14. Thence South 63'22'14" West, a distance of 137.16 feet (being 137.04 feet of record per said Certificate of Compliance), to the Point of Beginning. Containing an area of 10,553 square feet, more or less. A plat, entitled Exhibit "B", is attached hereto, and by this reference made apart hereof. Bryan G. Taylor, PLS License No. 7551, Expires 12/31/19 ,* EXP. 12/31/19 .* N0.7551 Y F- CC 0 , Date: 03/07/2019 Resolution 12-19 Page 2 Of.Dage 12 0 40 80 120 \ � � 1 40' Piooe F o 4(soo DOC. 21031859 o PN 331-21-011 TRACT NO. 5618 CINNABAR HILLS ��' 0. BOOK 351 MAPS 1-2 It oo^��s0. 0 - LANDS OF BERINGERtk1b 30 - LOT 3 [FORMER LANDS OF GROBMAN E j �., � PER N865 O.R. 1930 - PARCEL 1 APN 331-21-010 59o% c\j t,(o- A/ Lo N42 .00 tk *E ol V. :10000� /,��0 p'�N 0) 000 14.0 N52*01g0"00 C:) 'E N 43 .0c; ;0;0000 000, 0 c\j 36-00*' 16-00 rot� ammmWoommlow =-o� S 63OPEN SPACE EASEMENT � (,1�3' 22 � �l 109553 SQ. FT.± .00<211 `ftft� 7-16-4 0000 -OP POINT OF 7. 0) � BEGINNING SND LOT 4 APN 331-21-009 G. LOT 5 APN 331-21-005 N0.7551 9 O COURSES PER N865 O.R. 1930 PARCEL 1 OF- c Ao� EXHIBIT "B" PLAT ACCOMPANYING LEGAL DESCRIPTION MMMMM OPEN SPACE EASEMENT s ii 10850 WEST LOYOLA DRIVE LOS ALTOS HILLS ResolCtAtl fff IWAII A SCALE PAGE 1"-40' 3 OF 3 DATE JOB 03/20 WgeW-024