HomeMy WebLinkAbout78-19RESOLUTION 78-19
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(LANDS OF VENKATACHARY AND NARAYANAN FAMILY TRUST)
WHEREAS, Venkatachary and Narayanan Family Trust ("Owner") own the property commonly
known as 11545 Crestridge Drive, Los Altos Hills, California (APN 331-01-027); 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
ATTEST:
laid
6�
Deborah Padovan, City Clerk
BY:
y4t"—
Rogeopreelf, Mayor
Resolution 78-19
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 2� day of 0 C'� , 2019, by and between Srinivasan Venkatachary
and Janani Narayanan, Trustees of the 2015 Venkatachary. and Narayanan Family Trust,
U/D/T May 28, 2015, ("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 11545 Crestridge Drive, Los Altos Hills, California (APN 331-01-
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.
5. Public Use. The public shall not have a right of entry upon the Property
except for the use of the 15 -foot equestrian right-of-way easement along the property line.
6. Term of Aueement. 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: O2 Oct ' , 2019
Srinivasan Venkatachary
JaVii Narayanan
TOWN OF LOS ALTOS HILLS:
Date: m �, 2019
Mayor- ger Sireen
ATTEST:
City Clerk- Deborah Padovan
EXHIBIT'A'
LEGAL DESCRIPTION FOR OPEN SPACE EASEMENT
LANDS OF VENKATACHARY & NARAYANAN, 11545 CRESTRIDGE DRIVE, 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 PARCEL 2 AS SAID PARCEL IS SHOWN ON THAT CERTAIN PARCEL MAP FILED MAY
3,1974 IN BOOK 339 OF MAPS, AT PAGE 29, RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT THE MOST WESTERLY CORNER OF SAID PARCEL 2; THENCE ALONG THE NORTHWESTERLY
LINE OF SAID PARCEL, NORTH 26°22'25" EAST 180.00 FEET TO AN ANGLE POINT THEREOF; THENCE
CONTINUING ALONG SAID BOUNDARY, NORTH 38°46'25" EAST 171.06 FEET TO THE MOST NORTHERLY
CORNER OF SAID PARCEL 2; THENCE ALONG THE NORTHEASTERLY LINE OF SAID PARCEL, SOUTH 46°16'00"
EAST 80.31 FEET TO THE MOST EASTERLY CORNER OF SAID PARCEL 2; THENCE ALONG THE EASTERLY LINE
OF SAID PARCEL, SOUTH 8°4357" WEST 146.43 FEET, THENCE LEAVING SAID BOUNDARY AND ACROSS
SAID PARCEL 2 THE FOLLOWING FIFTEEN (15) COURSES:
1) SOUTH 67°18'28"
WEST 33.76 FEET; THENCE
2) SOUTH 78°5722"
WEST 15.88 FEET; THENCE
3) SOUTH 62°10'35"
WEST 42.93 FEET; THENCE
4) NORTH 55°29'12"
WEST 11.31 FEET; THENCE
5) SOUTH 82°43'12"
WEST 26.65 FEET; THENCE
6) SOUTH 21°30'59"
WEST 17.12 FEET; THENCE
7) SOUTH 76°44'45"
WEST 6.74 FEET; THENCE
8) SOUTH 45°10'43"
WEST 15.29 FEET; THENCE
9) SOUTH 49°49'19"
WEST 24.91 FEET; THENCE
10) SOUTH 27°23'22"
WEST 33.37 FEET, THENCE
11) SOUTH 35°46'20"
WEST 7.33 FEET; THENCE
12) SOUTH 2.1050'48"
WEST 10.51 FEET; THENCE
13) SOUTH 32°11'34"
WEST 10.51 FEET; THENCE
14) SOUTH 45034'49"
WEST 10.65 FEET; THENCE
15) SOUTH 16°11'47"
WEST 12.97 FEETTO THE POINT IN THE SOUTHWESTERLY LINE OF SAID PARCEL;
THENCE ALONG SAID BOUNDARY LINE, NORTH 18040'55" WEST 60.34 FEET TO THE POINT OF
BEGINNING.
CONTAINING 33,670 SQUARE FEET OF LAND, MORE OR LESS.
PAGE ONE OF THREE
EXHIBIT'A' (CONTINUED)
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.
JOHN K. f ING
P.L.S. 6809
PAGE TWO OF THREE
J014N :K..
,Kite..
;N��8809
DATE
,Z5'. 11
EXHIBIT 'B'
PLAT TO ACCOMPANY LEGAL DESCRIPTION
FOR OPEN SPACE EASEMENT
LANDS OF VENKATACHARY AND NARAYANAN
11545 CRESTRIDGE DRIVE, LOS ALTOS HILLS
LINE TABLE D <� o / �\ '76,,
LINE LENGTH BEARING r'' J`�G' o� / SO\ 00'
•S F
L1 11.31' N55'29'12"W A)ll
L2 17.12' S21'30'59"W
L3 6.74' S76'44'45"W Q, Q //
L4 7.33' S35'46'20"W
L5 10.51' S21•,50'48"W T /�`ti���►E
L6 10.51' S32' 11'34"W
L7 10.65' S45'34'49"W I / '� �N SQP O s
-s5'
a{�
L8 12.97' S16' 11'47"W // OR ^'
/ kp rnA 1 �i
LEGEND / U' ko ' ` A dd�. 1 cv
N 6'N�
EXISTING LOT LINE �o No��,, N o, �w,r'•� z
EXISTING CENTERLINE /moo' 0)
------
NEW EASEMENT LINE
P.O.B. POINT OF BEGINNING <v
1/ 00
BALZER /�yry �� PARCEL 2 LO Z o
APN 331-01-025 / / �sA • 339 MAPS 29 w I
WS,
7S 1,01.
P.0.6.� / �9• •2 A�3. Z
Seo LAND S\
,OWN K • ki�c �L��
a
ATF C)' CAL�F��
John . King, P.L.S.
Date
PAGE THREE OF THREE
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JN 19004
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
§ 1189
CIVIL CODE
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 k 0— M —
before me, 9��CS� caw
personally appeared 3 r'
who proved to me on the basis of satisfactory evidence to be the person(ss whose names
re subscribed to the within instrument and acknowledged to me that he{s ee
executed the same in -lamer the' authorized capacity fes , and that by iifh E
signature(s)-on the instrument the person, or the entity upon behalf of which the person(4
acted, executed the instrument.
rL
�'GGC1Gr�
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. XOCHITL VILLA
0 COMM. #2297.. z
°a Notary Public California o
z Santa Clara County
NIX Comm. Expires Jul 19, 2023
Signature: ��_"���/ (Seal)
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.
DEBORAH L. PADOVAN
Notary public California
Santa Clara County
z Commission t 2282419
Signature: (Seal) "��`"� My Comm. Expires Apr 19, 2023
RESOLUTION 78-19
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(LANDS OF VENKATACHARY AND NARAYANAN FAMILY TRUST)
WHEREAS, Venkatachary and Narayanan Family Trust ("Owner") own the property commonly
known as 11545 Crestridge Drive, Los Altos Hills, California (APN 331-01-027); 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 thisResolution 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 ata 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
ATTEST:
alok J
Deborah Padovan,' City Clerk
BY:
Roge pree , Mayor
v
S
Resolution 78-19 -- - page-}-,—__ _
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