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HomeMy WebLinkAbout73-19RESOLUTION 73-19 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (LANDS OF DD STONEBROOK DRIVE LLC) WHEREAS, DD Stonebrook Drive LLC ("Owner") own the property commonly known as 12355 Stonebrook Drive, Los Altos Hills, California (APN 336-28-003); 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, ity Clerk BY:� Roger Sp n, Maydr Resolution 73-19 Page I 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 pace Easement ("Agreement") is made and entered into this a t rday of v� m / , 2019, by and between DD Stonebrook Drive LLC, ("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 12355 Stonebrook Drive, Los Altos Hills, California (APN 336-28- 003). B. Town has adopted a General Plan and, pursuant thereto, may acc`ptgrants 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 73-19 Page 2 1. Granit 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 73-19 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. Date: 660'W' J, , 2019 Date: A vd,46* 2019 ATTEST: V,�Q&1a�',-,,.;?— Deborah L. Padovan, City Clerk OWNER: 12355 S nebrook Drive LLC TOWN OF LOS ALTOS HILLS: Z" 9 Roger Sp n, May 6r Resolution 73-19 Page 4 EXHIBIT "A" LEGAL DESCRIPTION OPEN SPACE EASEMENT LANDS OF DD STONEBROOK DRIVE, LLC 12355 STONEBROOK DRIVE TOWN OF LOS ALTOS HILLS, CA AN EASEMENT OVER CERTAIN REAL PROPERTY, SITUATE IN THE TOWN OF LOS ALTOS HILLS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, BEING A PORTION OF THAT 113.619 ACRE±" PARCEL. SHOWN ON RECORD OF SURVEY, FILED IN BOOK 19 OF MAPS AT PAGE 7, RECORDED JULY 20, 1948, RECORDS OF SANTA CLARA COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT ,THE MOST NORTHERLY CORNER OF SAID PARCEL; THENCE ALONG THE NORTHEASTERLY LINE OF SAID PARCEL SOUTH 17046'00" EAST 30.00 FEET TO A POINT IN THE NORTHEASTERLY LINE OF SAID PARCEL, ALSO BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHEASTERLY LINE OF SAID PARCEL, SOUTH 17°46'00" EAST 114.48 FEET; THENCE LEAVING SAID LINE ACROSS SAID PARCEL THE FOLLOWING TEN (10) COURSES: 1) SOUTH 50011133" WEST 87.61 FEET; 2) SOUTH 09033134" EAST 29.67 FEET; 3) SOUTH 56025'52" WEST 40.60 FEET; 4) SOUTH 40013154" WEST 45.83 FEET; 5) NORTH 82°19'29" WEST 42.49 FEET; 6) SOUTH 54°01' 15" WEST 44.95 FEET; 7) SOUTH 22017'58" WEST 39.46 FEET; 8) SOUTH 00°01'04" EAST 47.15 FEET; 9) NORTH 82048142" EAST 34.55 FEET; 10) SOUTH 00°10'11" EAST 123.65 FEET TO A POINT IN THE GENERALLY SOUTHERLY LINE AND SOUTHWESTERLY LINE OF SAID PARCEL; THENCE ALONG SAID SOUTHERLY LINE AND SOUTHWESTERLY LINE THE FOLLOWING FOUR (4) COURSES: 1) NORTH 62007100" WEST 5.00 FEET;. 2) SOUTH 27000'00" WEST 32.00 FEET; 3) NORTH 36046'00" WEST 184.29 FEET; 4) NORTH 15030'00" WEST 84.41 FEET; THENCE LEAVING SAID SOUTHWESTERLY LINE, ALONG A LINE LYING PARALLEL WITH AND 30.00 FEET SOUTHEASTERLY FROM, PERPENDICULAR MEASURE, THE CENTERLINE OF EL MONTE AVENUE, AS SAID CENTERLINE IS SHOWN ON SAID RECORD OF SURVEY THE FOLLOWING TWO (2) COURSES: 1) NORTH 41048'00" EAST 331.10 FEET; 2) NORTH 72014'00" EAST 84.84 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 61, 754 SQUARE FEET OR 1.418 ACRES, MORE OR LESS. Page 1 of 3. Resolution 73-19 Page 5 THE ABOVE DESCRIPTION SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. END OF DESCRIPTION PREPARED BY OR UNDER THE SUPEERRVVIISION OF: SEPT. 24, 2019 MICIIAEL J. W RS PLS 552 DATE �4oe LS 5528 Exp. 4 Page 2of3 Resolution 73-19 Page 6 Llo 4 N�293,0i COMMENCEMENT oc'QRUE POINT o P �, OF BEGINNING �. /N7214'0( 84.84' OPEN SPA 61754 Q 8 C. t {� N8219'29" 42.49�, 1,1� "E oLANDS OF APM: 336-29-013 N84'00'00"E \-S54'01'15"W 44.95' i' S00'01'04"E N8 42" w 47.15' LANDS OF "r`. M'/n IlHKLER 'c APH: 336-28--M 0 '33'34'E 29.67' i Z5"52 -W D=59'00'00"- 40.60' R=40' L=41.19' o (10 13'54"W 45.83' 1,%e 0 N LANDS OF 3 TPHO o APao 33(5-29—ON N 0 ti DD SYONEB ooK DGS WE, LLC Roo 19 MAPS 7 N62'07'00"W 79.09'(T) p� ,yo .1k LINE TABLE 32.00' LINE BEARING I LENGTH L1 S1746 00"E 1 3' L2 N62'07 00 W 1 5,00' LEGEND ONEONTA DRQ 99.55' STONEBRO DR IVE 0 50 100 200 SCALE: 1" =100' - - - - - - - - - - - - - - - - OPEN SPACE EASEMENT - - - - — PROPERTY BOUNDARY - — — — — — — - EXISTING EASEMENT ADJACENT PROPERTY A4 LEA & BRAZE ENGNNMINGJNC. Allimmodilk CIVIL ENGINEERS • LAND SURVEYORS BAY AREA REGION SACRAMENTO REGION 2495 INDUSTRIAL PKWY WEST 3017 DOUGLAS BLVD, / 300 HAYWARD, CALIFORNIA 94545 ROSEVILLE, CA 95661 P) (510) 887-4086 P) (916)966-1338 F) (510) 887-3019 �F) (916)797-7363 WWW.LEABRAZE.COM PAGE 3 OF 3 •,. `� �' �o S, 55�y�.•OQ? OF C EXHIBIT $$B" PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR OPEN SPACE EASEMENT LANDS OF DD STONEBROOK DRIVE LLC 12355 STONEBROOK DRIVE, LOS ALTOS HILLS, CA. 2191147 CI 3-8Y: M.J. WALTERS PLS SEPT. 2419-2019 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'sa�vv 0 ava, On ��7 �' .. , 2010, before me, Ptth q 6, Ci -- tJ, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the per (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 Signature; -- —— — RUBY G. GULAPA•NGO (Seal)NotaryPublic- California z Santa Clara County Commission # 2212754 My Comm. Expires Sep 3, 2021. Resolution 73-19 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 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. Signature; (Seal) Resolution 73-19 �- DEBORAH L. PADOVAN oNotary Public • California Z € . Santa Clara County i -t Commission # 2282419 My Comm.. Expires Apr 19, 2013 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 2637.9 Fremont Road Los Altos Hills, CA 94022 Resolution 73-19 Page 10 RESOLUTION 73-19 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (LANDS OF DD STONEBROOK DRIVE LLC) WHEREAS, DD Stonebrook Drive LLC ("Owner") own the property commonly known as 12355 Stonebrook Drive, Los Altos Hills, California (APN 336-28-003); 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 iri 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, 6ty Clerk BY: 4,1,1 A---. -- --- Roger Sp n, Maydr Resolution 73-19 Resolution 73-19 Certified as a hue Copy By . "Iez" �., City Clerk of the Towrr of Los Altos HINs Page I I _.. Pa e l — . __.