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Home My WebLink About72-19RESOLUTION 72-19 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (LANDS OF LAM AND STEPANOV) WHEREAS, Joelle Lam and Maxim Stepanov, as Joint Tenants ("Owner") own the property commonly known as 26896 Alejandro Drive, Los Altos Hills, California (APN 175-44-065); 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 20th day of November 2019, by the following vote: AYES: Spreen, Wu, Corrigan, Tankha, Tyson NOES: None ABSENT: None ABSTAIN: None ATTEST: eborah Padovan, City Clerk BY: Roger S •een, M or Resolution 72-19 Page 1 Attachment A 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 Z,1244 day of , 20195 by and between Joelle Lam an unmarried woman AND Maxim Step ov an unmarried man, as Joint Tenants ("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 26896 Alejandro Drive, Los Altos Hills, California (APN 175-44- 065). 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 72-19 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, (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 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 the existing vineyard which may remain (any expansion shall not. encroach into the Open Space Easement); 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 Resolution 72-19 Page 3 of law and not incompatible with maintaining and preserving the natural character of the land. 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: —/0 , 2019 JoelyLam see attached sheet for Notary �� (NotaryAESHP bil )L Date: V w /a , 2019 ATTEST:at, Deborah L. Padovan, City Clerk Maxim t : anov TOWN OF LOS ALTOS HILLS: 414ti Roger S en, M or Resolution 72-19 Page 4 EXHIBIT "A" LEGAL DESCRIPTION FOR OPEN SPACE EASEMENT LANDS OF LAM & STEPANOV 26896 ALEJANDRO DR., LOS ALTOS HILLS, CA An easement over certain real property situated in the Town of Los Altos Hills, County of Santa Clara, State of California, described as follows: Being all of Lot 28 in Block "M", as shown upon that certain map entitled " Tract No. 2062, Fremont Hills Unit No. 5" which map was filed for record in the office of the Recorder of the County of Santa Clara, State of California, on July 8, 1959, in Book 108 of Maps, at pages 27 to 29. Excepting therefrom the following described land: Commencing at the most southerly corner of said Lot 28; Thence along the common line between Lots 28 and 27 as shown upon said Map, N. 52°55'22" E., 64.64 feet to the True Point of BEGINNING; Thence leaving said common line, along a contour line representing the elevation of 315 feet, as said contour exists at the time of preparation of this description, based on NAVD88 datum, the following five (5) courses: 1- N. 16020'22" E., 66.99 feet to the beginning of a tangent curve; 2- Thence along said curve to the left, having a radius of 156.00 feet, through a central angle of 20°23'39", an arc length of 55.53 feet; 3- Thence N. 1'27'13" E., 83.30 feet; 4- Thence N. 1°33'29" E., 28.57 feet: 5- Thence N. 5°06'44" E., 31.77 feet to a line parallel with and distant 16.00 feet measured at right angles from the northerly line of said Lot 28 ; Thence along said parallel line, N. 89°54'00" E., 137.11 feet to a point on a contour line representing the elevation of 284 feet, as said contour exists at the time of preparation of this description, based on NAVD88 datum; Thence along said contour line, the following five (5) courses: 1- S. 50022'26" W., 26.83 feet to the beginning of a non -tangent curve to which a radial bears N. 20°17'25" W.; 2- Thence along said curve to the left, having a radius of 44.38 feet, through a central angle of 90'27'54", an arc length of 70.07 feet; 3- Thence S. 15°56'00" E., 45.55 feet to the beginning of a non -tangent curve to which a radial bears N. 68°23'50" E. ; 4- Thence along said curve to the right, having a radius of 26.97 feet, through a central angle of 47°21'48", an arc length of 22.29 feet; 5- Thence S. 20°13'28" W., 33.76 feet to a point on the common line between Lots 28 and 27 as shown upon said Map; Thence along said common line, S. 52°55'22" W., 151.49 feet to the True Point of BEGINNING. PAGE 1 OF 3 Resolution 72-19 Page 5 Also excepting therefrom following described property: A strip of land, 10 feet wide, being a portion of said Lot 28, more particularly described as follows: BEGINNING at the most easterly corner of said Lot 28; Thence along the northeasterly right of way line of Alejandro Drive as shown on said Tract No. 2062, S. 31030'00" W., 6.27 feet to the beginning of a tangent curve to the right; Thence along said curve, having a radius of 40.00 feet, through a central angle of 28'57'18", an are length of 20.21 feet to the beginning of a reverse curve; Thence along said reverse curve, having a radius of 40.00 feet, through a central angle of 97°31'56", an arc length of 68.09 feet to the northerly terminus of the common line between Lots 27 and 28; Therice along said common line, S. 52°55'22" W., 10.00 feet; Thence leaving said line, along a non -tangent curve to the right, to which a radial bears N. 52°55'22" E., having a radius of 50.00 feet, through a central angle of 97°31'56", an arc length of 85.11 feet to the beginning of a reverse curve; Thence along said reverse curve, having a radius of 30.00 feet, through a central angle of 28'57'18", an arc length of 15.16 feet; Thence N. 31°30'00" E., 6.27 to a point on the northeasterly line of said Lot 28; Thence along said line, S. 58130'00" E., 10.00 feet to the POINT OF BEGINNING. Containing 29,134 Sq.Ft., more or less. . Said easement is shown on Exhibit `B" attached hereto and made a part hereof. Prepared by or under supervision of: Sarkiss Parvin ` _ "' S PLS 8261 �s5 ��1SS r ti Z 0 * PLS 8261 N 9 �OF AUF� PAGE 2 OF 3 Resolution 72-19 Page 6 --1 APN 175-42-006APN 175-42-007 S S8, N 89'5400' E 240.69 ___-_ 001, - ---- A 16" -\R 3�9' F I• - - - - - - L1 1 P.O. B. E. O C7 11 � I ,I ' AREA: 22,042 SQ.FT. C4 04 AI L4 284' CONTOUR LINE C5 P��C��vy II LOT 28 TRACT N0. 2062 EASEMENT AREA: Z j 108 -MAPS -27 TO 29 \� , ' 29,134 SQ.FT. APN 175-44-065 \ 1 (' I L3 L8 , ' �•i f E. CURVE TABLE r ' '-315' CONTOUR LINE 6821 gEpR\N C3 �i R= 230.00' A--- 33'06'00'1 L= 132.87' CURVE RADIUS LENGTHI A C1 156.00' 55.53' 1 20'23'39" C2 44.38' 70.07' 90'27'54 C3 26.97' 22.29' 47'21'48" C4 40.00' 20.21' 28'57'18" C5 40.00' 68.09' 97'31'56" C6 50.00' 85.11' 97'31'56" C7 1 30.00' 15.16' 28'57'18" �9 LINE TABLE R= 170.00' L10 A-- 1'47'10" L= 5.30' LOT 27 L2S hO' TRACT NO. 2062 " I 108 -MAPS -27 TO 29 APN 175744-064 LEGEND /�------- (E) BOUNDARY LINE /T P.O.B. - -.-.- / L._ . - OPEN SPACE EASEMENT OTHER LOTS %.�X1 Lm'm - - - CENTER UNE P.O.C. �R= 40.00' \p= 68'17'32" L= 47.68' (A= 68'17'27") Date: 8/1/2019 1 "= 50' Scale: P.O.C. POINT OF COMMENCMENT %oss p.AL T.P.O.B. TRUE POINT OF BEGINNING S.E. SLOPE EASEMENT y A.E ANCHOR EASEMENT pls 8261 7- 0 P.U.E. PUBLIC UTILITY EASEMENT P.O.B.E. POINT OF BEGINNING OF EXCEPTION ISaeid Razavi, RCE BY: Civi Enaineer EXHIBff 'B' PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR OPEN SPACE EASEMENT 26896 Alejandro Dr., Los Altos Hills, CA GRAPHIC SCALE SMP Job #: 219013 1"=50', on 8.5 x 11 50 0 25 50 100 SHEET 3 OF 3 LINE BEARING DIST. Lt N 52'55'22" E 64.64' L2 N 16'20'22" E 66.99' L3 N 1'27'13" E 83.30' L4 N 1'33'29" E 28.57' L5 N 5'06'44" E 31.77' L6 N 89'54'00" E 137:11' L7 S 50'22'26" W 26.83' L8 S 15'56'00" E 45.55' L9 S 20'13'28" W 33.76' L10 S 52'55'22" W 151.49 L11 I S 31'30'00" W 6.27' L12 S 52'55'22" W 10.00' L13 N 31'30'00" E 6.27' L14 S 58'30'00" E 1 10.00' SMP .N Gl N EER IVIL_ ENGINEER 1534 CAROB LANE LOS ALTOS, CA 94024 TEL: (650) 941-8055 FAX: (650) 941-8755 Resolution 72-19 Page 7 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 November 21, 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. DEBORAH L. PADOVAH iyoWry Public -California :+. Santa Clara County Commission A 2782419 Signature: (Seal) .My Comm. Expires Apr 19, 2023 Resolution 72-19 Page 8 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 Onb / , 2019, before me, � ��'- , Notary Public, personally appeared � � x i M V .ST cp orft✓ a��t , � , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) iglare subscribed to the within instrument and acknowledged to me that'e/they executed the same in `/their authorized capacity(ies), and that by hv;ftWtheir 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) � R WYNN A. PATEL7 COMM. #2263517 z 0 Notary Public - California c x Santa Clara County Comm. Expires Nov. 6, 2022 Resolution 72-19 Page 9 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: November 21, 2019. Place: Town Hall Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Resolution 72-19 Page 10 RESOLUTION 72-19 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (LANDS OF LAM AND STEPANOV) WHEREAS, Joelle Lam and Maxim Stepanov, as Joint Tenants ("Owner") own the property commonly known as 26896 Alejandro Drive, Los Altos Hills, California (APN 175-44-065); 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 20th day of November 2019, by the following vote: AYES: Spreen, Wu, Corrigan, Tankha, Tyson NOES: None ABSENT: None ABSTAIN: None ATTEST: eborah Padovan, City Clerk BY: L Roger S een, M or Resolution 72-19 Resolution 72-19 Cert�ied as a true � B �. Clerk of the Gad los Altos Flab' Page I