HomeMy WebLinkAbout77-19RESOLUTION 77-19
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(LANDS OF RAJESH KHANNA AND ALKA GUPTA)
WHEREAS, Rajesh Khanna and Alka Gupta ("Owner") own the property commonly known as
27911 Via Ventana Way, Los Altos Hills, California (APN 182-42-027); 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 19th day of December, 2019, by the following vote:
AYES: Spreen, Wu, Corrigan, Tankha, Wu
NOES: None
ABSENT: None
ABSTAIN: None
BY:
Roga Spre n, Mayor
ATTEST:
eborah Padovan, City Clerk
Resolution 77-19 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 greement for en Space Easement ("Agreement") is made and
entered into this !l� day of ��bbQ✓, 2019, by and between Rajesh Khanna and Alka
Gupta, ("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 27911 Via Ventana Way, Los Altos Hills, California (APN 18242-
027).
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:
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 underground public and private utilities, ground mounted
solar panels, pathways on dedicated easements to the Town, and wildlife friendly fencing,
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 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.
Public Use. The public shall not have a right of entry upon 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: / t7l4 , 2019
Date: b&.'2019
ATTEST:
( WZL
City Clerk- Deborah Padovan
Alka Gupta
TOWN OF LOS ALTOS HILLS:
44
Mayor -Roder Spr en
EXHIBIT'A'
LEGAL DESCRIPTION FOR OPEN SPACE EASEMENT
LANDS OF GUPTA & KHANNA
27911 VIA VENTANA WAY, LOS ALTOS HILLS
AN EASEMENT OVER CERTAIN REAL PROPERTY SITUATED IN THE TOWN OF LOS ALTOS HILLS, COUNTY OF
SANTA CLARA, STATE OF CALIFORNIA, BEING AN OPEN SPACE EASEMENT, LYING UNDER, OVER, ON AND
ACROSS A PORTION OF LOT 12 AS SAID LOT IS SHOWN ON THAT CERTAIN MAP OF TRACT NO. 3659,
'MATADERO HILLS', FILED APRIL 27, 1964 IN BOOK 177 OF MAPS, AT PAGES 34-35, RECORDS OF SAID
COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHEASTERLY CORNER OF SAID LOT 12; THENCE ALONG THE EASTERLY LINE
OF SAID LOT, SOUTH 7°01'42" WEST 220.66 FEET TO MOST SOUTHEASTERLY CORNER THEREOF; THENCE
ALONG THE SOUTHERLY LINE OF SAID LOT, SOUTH 89°11'54" WEST 58.21 FEET; THENCE LEAVING SAID
BOUNDARY LINE NORTH 3°50'50" WEST 210.73 FEET TO A POINT IN THE NORTHERLY LINE OF SAID LOT;
THENCE ALONG SAID LINE NORTH 84°30'07" EAST 99.80 FEET TO THE POINT OF BEGINNING.
CONTAINING 16,873 SQUARE FEET OF LAND, MORE OR LESS.
SEE EXHIBIT'B' (PLAT) ATTACHED HERETO AND MADE A PART HEREOF.
END OF DESCRIPTION
THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE
REQUIREMENTS OF THE PROFESSIONAL LAND SURVEYOR'S ACT.
_t -z4-1
JOHN 11ING
v��G DATE
P.L.S.809
OF
PAGE ONE OF TWO
25' 25'
/',�p,L LANA S\
K.
c �GF�
a
EXHIBIT 'B'
PLAT TO ACCOMPANY LEGAL DESCRIPTION
FOR OPEN SPACE EASEMENT
LANDS OF GUPTA do KHANNA
27911 VIA VENTANA WAY, LOS ALTOS HILLS
NATH
LOT 11 APN 182-42-028
N84' 30' 07"E _ _ _ — — P.O.B.
99.80'
121.18' 1
I z10Ln c1qI
O cV
Ln
% FS
I0
OPEN SPACE
LOT 12 I EASEMENT
TRACT NO. 3659 1 I �'O
MATADERO HILLS I 16,873 sq.ft.f
177 MAPS 34-35 1 I 2`sr
2� 2
APN 182-42=027 I 3 I O
�I
I, �I
10 ;.01
I w co
I I rT,
I 1
147.79' L _ 58.21' I IIV
--
S89' 11'54"W o i
LOT 13 Nil
PRADZYNSKI/WOLODKOWICZ
APN 182-42-026
John K. King, P.L.S.
1-74
Dote
PAGE TWO OF TWO JN 19037
LEGEND
EXISTING LOT LINE
EXISTING CENTERLINE
-- NEW EASEMENT LINE
P.O.B. POINT OF BEGINNING
CALIFORNIA ACKNOWLEDGMENT 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 1
County of Sc?ntci G brg J}
On 0&c bei 16, d I before me, -- CiO(Jq Fin P01+ A164—arq 9-ibl/'�
Date Q ere Insert Name and Title of the Officer
personally appeared �a) �khonhg $ AKa &jots
ti Name(s) of Signer(s)
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(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
C
— �. CODY AUN EINFAL7
Notary Public - California
� J Y Z
x : Santa Clara County Z
Commission # 2303595
toy -Gomm. Expires Aug 31, 2023
Place Notary Seal and/or Stomp Above
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.
r
Signature
Signature of Notary Public
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document �nn
Title or Type of Document: green' ar)4 7 or Open seace ecsemen-'
Document Date: 10-16-15 Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer - Title(s):
❑ Partner - ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer is Representing:
02018 National Notary Association
Signer's Name:
❑ Corporate Officer - Title(s):
❑ Partner - ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer is Representing:
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 December 20, 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.
DEVAAH L. PADOVAH
1 Notary Public - California
z ` , Santa Clara County I
Commission M 2282419
Signature: (Seal) My comm. Expires Apr 19; Zo23
RESOLUTION 77-19
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(LANDS OF RAJESH KHANNA AND ALKA GUPTA)
WHEREAS, Rajesh Khanna and Alka Gupta ("Owner") own the property commonly known as
27911 Via Ventana Way, Los Altos Hills, California (APN 182-42-027); 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. oil 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 19th day of December, 2019, by the following vote:
AYES: Spreen, Wu, Corrigan, Tankha, Wu
NOES: None
ABSENT: None
ABSTAIN: None
BY:
Roe Spre n, Mayor
ATTEST:
(2,/"_ '5�c�
eborah Padovan, City Clerk
COMW as a ho copy
B.
City of the Tow ,oi Los Altos HiNs,
Resolution 77,19 Page I
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: December 20, 2019
Place: Town Hall
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022