HomeMy WebLinkAbout13-19RESOLUTION 13-19
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(LANDS OF RAJAGOPALAN AND ITTY)
WHEREAS, Narayanan Rajagopalan and Daisy Itty ("Owner") own the property commonly known
as 10511 Magdalena Road, Los Altos Hills, California (APN 3 3 6-3 9-031); 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
ABSTAIN: None
BY:
Roger Svreen,/Mayor
Resolution 13-19 Page 1
ATTEST:
Deborah L. Padovan, City Clerk
Resolution 13-19
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 day of 201% by and between NARAYANAN
RAJAGOPALAN and DAISY ITTY, "Owner") and the TOWN OF LOS ALTOS HILLS,
a municipal corporation, ("Town").
R F.C.TT A TN
A. Owner owns that certain real property in the - 'Town of Los Altos Hills
commonly known as 10511 Maadalena Road, 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 f6rth herein and the substantial public benefits to be derived therefrom, do
hereby agree as follows:
Resolution 13-19 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
I Division 1 Title 5 of the Government Code. This Agreement is subj ect 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 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 13-19 Page 4
5. Restrictions on Public Use. The public shall not have a right of entry upon
the Property. The right of entry and surfk6''us'e is limited solely to the Town, but only
for the purpose of inspection, of. condition: of the Property.
6. Tenn 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: 2019
Narayanan Rajavgopalan
Daisy Iffy
TOWN OF LOS ALTOS HILLS:
Date: 52019
Mayor-Rogger 'STeen
Resolution 13-19 Page 5
CALIFORNIA ALL-PURPOSE ACKNOWLEDMIENT 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
"k 0 !, ge � t
On A before me, _�, Lj 0011 11 P 4,.:b
personally appear6d
'q who proved to me
t
on the basis of satisfactory evidence to be the person(sywhose name(s) Aare 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 hkdhor/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.
edit! L,
..... SUDHA BOLISE-TTY
ij.
ornmi
# 213,1339
No.tary P 11;
California
ntp- OIL
Signature.- At (Seal)
M1
rn
E r ez; J
4, 2020
Resolution 13-19 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)
Resolution 13-19 Page 7
0
DEBORAH L. PADOVAN
'P
N*tary Public - Calif6mia
Santa Clara County
COMMIWOM 2282419
My
'"t
COMM.. Expites Apr 19, 2023
Resolution 13-19 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 13-19 Page 8
f%A
Cvrtiftd as a true copy
RESOLUTION 13-19 By
City Clerk of the Town- of Los Altos Hills.'
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(LANDS OF RAJAGOPALAN AND ITTY)
WHEREAS, Narayanan Raj agopalan and Daisy Itty ("Owner") own the property commonly known
as 10511 Magdalena Road, Los Altos Hills, California (APN 336-39-031); 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
ABSTAIN: None
A
BY: �7
Roger svreen,/mrayor
Resolution 13-19 Page 9
Resolution 13-19 Page I
ATTEST
Deborah L. Padovan, City Clerk
Resolution 13-19 Page 10
Resolution 13-19 Page 2
EXHIBIT "A"
LEGAL DESCRIPTION FOR
OPEN SPACE EASEMENT
LANDS OF RAJAGOPALAN AND ITTY
10511 MAGDALENA ROAD
TOWN OF LOS ALTOS BILLS,
SANTA. CLARA COUNTY, CALIFORNIA
AN EASEMENT SITUATE IN THE TOWN OF LOS ALTOS HILLS, COUNTY OF SANTA CLARA, STATE OF
CALIFORNIA, OVER A PORTION OF THE LAND DESCRIBED IN THAT CERTAIN GRANT DEED, FILED
SEPTEMBER 29, 2006 AS DOCUMENT NO. 19125701, BEING LOT 1 AS SHOWN ON THAT CERTAIN MAP
ENTITLED "TRACT No. 3504", FILED SEPTEMBER 12, 1963 IN BOOK 166 OF MAPS, PAGES 30 OF
OFFICIAL RECORDS OF SANTA CLARA COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST EASTERN CORNER OF SAID LOT 1; THENCE ALONG THE EASTERLY LINE OF SAID
LOT 1, SOUTH 26034'3019 WEST 169.03 FEET; THENCE LEAVING SAID EASTERLY LINE OF SAID LOT 19
NORTH 42036'07" WEST 58.5.5 FEET; THENCE NORTH 83057'08" WEST 72.03 FEET; THENCE SOUTH
4603 7'3 8" WEST 105.68 FEET TO A POINT IN THE WESTERLY LINE OF SAID LOT 1;
THENCE ALONG THE WESTERLY AND NORTHERLY LINE OF SAID LOT 1 THE FOLLOWING FOUR COURSES:
1)
NORTH 31043'30"
EAST 77.63 FEET;
2)
NORTH 64021'00"
EAST 117.51 FEET;
3)
NORTH 25003'00"
EAST 52.48 FEET;
4)
NORTH 84048'19"
EAST 95.12 FEET TO THE POINT OF BEGINNING.
CONTAINING 13,342 SQUARE FEET, MORE OR LESS.
THE ABOVE DESCRIPTION IS SHOWN ON EXHIBIT "B" AND BY THIS REFERENCE MADE A PART HEREOF.
PREPARED BY OR UNDER
THE SUPE VISION OF:
MICHAEL J. WALTERS PLS 5528 MARCH 19, 2019 ki=, N1 .
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Resolution 13-19 Page 11
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