HomeMy WebLinkAbout79-19RESOLUTION 79-19
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(LANDS OF NAGARAJ)
WHEREAS, Ashwath Nagaraj and Vileena Nagaraj ("Owner") own the property commonly known
as 25769 Elena Road, Los Altos Hills, California (APN 175-49-010); 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:
all,
Deborah Padovan, City Clerk
BY: L T.,
Roger reen, Mayor
Resolution 79-19
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 3] sr day of October, 2019, by and between Ashwath Nagaraj and Vileena
Nagaraj, ("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 25769 Elena Road, Los Altos Hills, California (APN 175-49-010).
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 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
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
EXHIBIT "A"
LEGAL DESCRIPTION
OPEN SPACE EASEMENT
LANDS OF NAGARAJ
25769 ELENA ROAD, LOS ALTOS HILLS, CA
APN 175-49-010
AN EASEMENT OVER CERTAIN REAL PROPERTY SITUATE IN THE TOWN OF LOS ALTOS HILLS,
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEING A PORTION OF LOT 58, AS DESIGNATED AND DELINEATED UPON THAT CERTAIN MAP
ENTITLED "MAP OF THE SUBDIVISION OF LOT 2 AND PART OF LOT 1 OF THE TAAFFE PARTITION
IN THE RANCHO LA PURISSIMA CONCEPTION," FILED FOR RECORD IN THE OFFICE OF THE
RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON JUNE 25, 1894 IN
BOOK "H" .OF MAPS, PAGES 76 AND 77, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING ATA POINT IN THE CENTERLINE OF ELENA ROAD, FORMERLY PURISSIMAAVENUE
(60 FEET WIDE), AT THE MOST NORTHERLY CORNER OF LOT 58 OF SAID MAP.
THENCE SOUTH 69028'00" EAST, 30.51 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 69028'00" EAST, 167.48 FEET;
THENCE SOUTH 21029'00" EAST, 28.70 FEET;
THENCE NORTH 78044'37" WEST, 103.33 FEET;
THENCE NORTH 74059'00" WEST, 76.70 FEET;
THENCE NORTH 10004'20 EAST, 46.12 FEET TO THE TRUE POINT OF BEGINNING HEREIN
DESCRIBED;
CONTAINING 6,190 SQUARE FEET MORE OR LESS.
AS SHOWN ON THE PLAT ATTACHED HERETO AND MADE A PART HEREOF, ENTITLED EXHIBIT "B"
Tom H. Milo
No. 6438
Exp. 12/31/2020
�OF
PREPARED ON MARCH 7, 2019
LC ENGINEERI
TOM H. MILO LS NO. 6438
EXPIRATION DATE .12/3112020
LC ENGINEERING SHEET 1 OF 2
598 E Santa Clara St, Suite 270 San Jose Phone: (408) 806-7187 Fax: (408) 583-4006
GRAPHIC SCALE BASIS OF BEARINGS
0 25 50 100
THE BEARINGS SHOWN ON THIS MAP ARE BASED
ON THE RECORD BEARING OF THE CENTERLINE OF
( IN FEET ) PURISSIMA AVENUE (CURRENTLY ELENA ROAD)
\ I inch = 50 ft. N10'04'20"E AS SHOWN ON THAT RECORD OF
F SURVEY RECORDED IN BOOK 32 OF MAPS, AT
PAGE 28, SANTA CLARA COUNTY RECORDS.
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LEGEND
OPEN SPACE EASEMENT
EXHIBIT "B"
PLAT TO ACCOMPANY LEGAL DESCRIPTION
FOR OPEN SPACE EASEMENT
25769 ELENA ROAD
LOS ALTOS HILLS APN 175-49-010 CALIFORNIA
SHEET: SCALE: DATE: IDRWO.NAME: PROJECT N0. -
2 OF 2 1' = 50' 02/18/19 25769 ELENA RDWY PLAT.DWG
u Tom H. Milo
IL O
No. 6438
n,., v) /zt /')n� I
sT9
LNF CA1.�F
E LC ENGINEERING
598 E Santa Clara St #270
San Jose, CA 95112
Phone: (408) 806-7187
Fax: (408) 583-4006
CALIFORNIA ALL-PURPOSE 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
COUNTY OF �4n4A 0 4`1
On %AAWh&1,1,X[q , before meAlokgg dlt i�7 cA J, personally appeared
&&&b Ntri G_ id Hitt--en4 _'A, k ` _ , who proved to me on the basis of
satisfactory evidence to be the person(s) who eis/are subscribed to the within instrument
and acknowledged to me that heishe/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)
SARAH G, R08USTELLi
Notary Public • Ca"'_'a
Santa Clara County i
Commission 0 2254287
My Comm. Expires Aug 1�'20
2022
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. PADOYAN
Notary -Public California z
` Santa Clara County .
Commission q 2292419
Signature: (Seal) y RVF `'* My Comm, Expires Apr 19, 1023
RESOLUTION 79-19
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(LANDS OF NAGARAi)
WHEREAS, Ashwath Nagaraj and Vileena Nagaraj ("Owner") own the property commonly known
as 25769 Elena Road, Los Altos Hills, California (APN 175-49-010); 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:
Roger V reen, Mayor
ATTEST:
Deborah Padovan, City Clerk
Ceffo as .a he copy
By
ACW-own of LaAltos Hills
Resolution 79-19 Page l
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