HomeMy WebLinkAbout55-19RESOLUTION 55-19
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(LANDS OF EVANS)
WHEREAS, Eric and Cheryl B. Evans ("Owner") own that certain real property commonly known
as APN 182-29-048, Los Altos Hills, California; 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 special meeting held on the 21 st day of August 2019 by the following vote:
AYES: Spreen, Wu, Corrigan, Tankha, Tyson
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
Deborah Padovan, City Clerk
BY: 1;61-1
Roge preen, Mayor
Resolution 55-19
Page 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 OPEN SPACE EASEMENT
This Agreement for Open Space Easement ("Agreement") is made and
entered into this 8-K day of A u 94, 2019, by and between Eric and Cheryl B. Evans,
("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 as APN 182-29-048, a vacant parcel on Central 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.
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 and Exhibit B 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 55-19 Page 2
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
and Exhibit B, (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 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 55-19 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: — 1 5 , 2019
ric vans
PLEASE SEE
NOTARY ATTACHMENT
Date: -:?3 , 2019
ATTEST:
City Clerk- Deborah Padovan
01-1'14<&',��--
�, ieryl B. Evans
TOWN OF LOS ALTOS HILLS:
: 4�A --
Mayor- oger 4reen
Resolution 55-19 Page 4
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 2 -DI Cj , before me,V
personallyappearedGi':o--A-LcjS /L,co, C—�(tc' F)e(4 E�) ►I,s
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 hp/sl�/they
executed the same in h�/h /their authorized capacity(ies), and that bylei lh�r/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.unuumnuuunuunuuunmm�munuunuuununuuununuuun
Violeta M. Santa Gadea Lopez
COMM, #2221353 r
' NOTARY PUBLIC - CALIFORNIA
SANTA CLARA COUNTY
My Comm. Exp, Nov. 10, 2021
Signature: 4414'Tao 1114 eal) munmiinuimunuuumumeunuuonimmnuuuunnmm�uununt
Resolution 55-19 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 August, 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(<whose name(g)
isfam subscribed to the within instrument and acknowledged to me that heAhefthty executed the
same in his/hreeir authorized capacityf, and that by hisfh'ir signature(' on the
instrument the person, or the entity upon behalf of which -the persons 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.
�. DEBOPAH L.PADOYAN
Notary Public California =.
W ..v Santa Clara County }
Signature:AL—_ (Seal) z ` Commission N 2282419
My Comm. Expires Apr 19, 2023
Resolution 55-19 Page 6
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: August 23, 2019
Place: Town Hall
.Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Resolution 55-19 Page 7
RESOLUTION 55-19
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(LANDS OF EVANS)
WHEREAS, Eric and Cheryl B. Evans ("Owner") own that certain real property commonly known
as APN 182-29-048, Los Altos Hills, California; 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 special meeting held on the 21st day of August 2019 by the following vote:
AYES: Spreen, Wu, Corrigan, Tankha, Tyson
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
Deborah Padovan, City Clerk
Certified as a true copy
By
City Clerk of the Town Aof Los AhosIHIHs
Roge preen, Mayor
Resolution 55-19 Page 8
Resolution 55-19 Page 1
EXHIBIT "A"r '
Legal Description of the
Open Space Easement/Z/P
over APN 182-29-048
Lands of Evans -
Los Altos Hills, California���.�,�,
An easement over certain real property in the Town of Los Altos Hills, County of Santa
Clara, State of California, described as follows:
A portion of that land shown as the Lands of John D. Steers & Mary G. Steers, as shown
upon that certain Parcel Map, which was filed for record on July 27, 1982,in Book 502 of
Maps, at Page 43, in Santa Clara County Records, more particularly described as follows:
BEGINNING at the southeasterly corner of said Lands of Steers, said point being in the
line common with Parcel "A", as shown upon said Parcel Map; Thence along said common
property line, North 31055'00" East, 175.46 feet, to a point in the southerly Right of Way
line of Central Drive, said line being 30 feet distant and parallel, measured at a rig Iht angle,
from the centerline of Central Drive, as shown upon said Parcel Map;
Thence, along said southerly Right of Way line of Central Drive, South 87033'35" West,
152.10 feet, to an angle pointin the southerly Right of Way Line of Central Drive;
Thence, continuing along said southerly Right of Way line of Central Drive, South
69005'23" West, 48.90 feet;
Thence, leaving said southerly Right of Way line of Central Drive, South 20°55'00" East,
154.21 feet, to a point in the southerly boundary of said Lands of Steers;
Thence, along said southerly boundary of the Lands of Steers, North 69005'00" East, 53.34
feet,, to the POINT OF BEGINNING.
Containing 18,899 square feet, more or less, as shown on the plat attached, Exhibit 'B',
hereto and made a part hereof.
End of Description.
Sheet 1 of 2 Sheets
Resolution 55-19 Page 9
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LEGEND
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EXHIBIT 'B'
r ` Giuliani & Sull Inc.
SCALE: 1"=60'
PLAT TO ACCOMPANY
DATE:
5/17/19
LEGAL DESCRIPTION
'
4880 Stevens Creek Blvd. Suite 205 San Jose, CA. 95129
DRAWN:
CHECKED:
E.T.
M.H.
OPEN SPACE EASEMENT
(408) 615-4000 Fax (408) 615-4004
JOB NO.:
07145
OVER APN 182-29-048
Auburn • San Jose • Oakdale
SHEETS:
2 OF 2
LOS ALTOS HILLS, CALIFORNIA