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Home My WebLink About39-20RESOLUTION 39-20 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (LANDS OF REDDY) WHEREAS, Srinivas Reddy and Anupama Reddy, as Joint Tenants ("Owner") own the property commonly known as 12663 Corte Madera Lane, Los Altos Hills, California (APN 175-54-009); 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 was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on 16 1h of July 2020 by the following vote: AYES: Wu, Tankha, Corrigan, Spreen, Tyson NOES: None ABSENT: None ABSTAIN: None ATTEST: Deborah L. Padovan, City Cleric By:��.___. Michelle Wu, Mayo Resolution 39-20 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 (p day of �p , 2020, by and between Srinivas Reddy AND Anupama Reddy, 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 12663 Corte Madera Lane, Los Altos Hills, California (APN 175-54- 009). 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: Resolution 39-20 Page 2 I . 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 to retain the approved roof and deck overhangs, for underground public and private utilities, ground mounted solar panels, pathways on dedicated easements to the Town, wildlife friendly fencing, approved drainage installations, sanitary sewer installations, 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 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 Resolution 39-20 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: 2 — 0 , 2020- Srmivas Reddy 4nupa Reddy TOWN OF LOS ALTOS HILLS: Date: lfi Q , 2020 Michelle Wu, or ATTEST: a4k� Deborah L. Padovan, City Clerk Resolution 39-20 Page 4 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 Soak, Gbra On 10 , 2020, before me, C' n� �", ��'��>>� �r , Notary Public, personally appeared 5 iniVa,S S airr caMl' 1 tdclq , who proved to me on the basis of satisfactory evidence to be the persons) 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. *my CODY ALAN EINFALT Notary Public - Californi, Santa Clara CountyCommission # 2303595 Signature: (Seal) Coma, Expires A,.g 31, 2023 Page 5 Resolution 39-20 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 50n�q Civrq On �,�� 0; , 2020, before me �Cl ri'p�al� pa%��'C .fit' � Notary Public, personally appeared 14m&toc?mQ Sotrpu� q , 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. *my CORY ALAN EINFALT Notary Public - California Santa Clara County Commission x 2303595Signature: (Seal) Comm. Expires A,:g 31, 2023 Resolution 39-20 Page 6 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 July 21, 2020, before me, Deborah L. Padovan, Notary Public, personally appeared Michelle Wu, 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. ;,;0"— °F R DEBORAH L. PADOVAN " Notary Public - California Z S . = Santa Clara Count Z Y ° Y Commission 8 2282419 My Comm, Expires Apr 19, 2023 Signature: (Seal) mom Resolution 39-20 Page 7 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 Cleric Date: July 22, 2020 Place: Town Hall Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Resolution 39-20 Page 8 RESOLUTION 39-20 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (LANDS OF REDDY) WHEREAS, Srinivas Reddy and Anupama Reddy, as Joint Tenants ("Owner") own the property commonly known as 12663 Corte Madera Lane, Los Altos Hills, California (APN 175-54-009); 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 was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on 16th of July 2020 by the following vote: AYES: Wu, Tanlcha, Corrigan, Spreen, Tyson NOES: None ABSENT: None ABSTAIN: None ATTEST: Deborah L. Padovan, City Cleric V Michelle Wu, Mayoo Certified as a true copy By. City Clerk of them'Town of Los AlBilis &b8W6W1A22* P9294 9 EXHIBIT "A" LEGAL DESCRIPTION OPEN SPACE EASEMENT LANDS OF REDDY 12663 CORTE MAD ERA LANE TONVN OF LOS ALTOS HILLS, CA AN EASEMENT OVER CERTAIN REAL PROPERTY, SITUATE IN THE TOWN OF LOS ALTOS HILLS, COUNTY OF SANTA CLARA, STATT OF CALIFORNIA, P.EING A PORTION OF LOT 15, BLOCK L OF THAT CERTAIN MAP ENTITLED "TRACT No, 1926FREMONT HILLS UNIT No. 2", FILED MAY 21, 19 57 IN -BOOK 81 Or MAPS PAGES 4041, RECORDS OF, SANTA CLARA COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOSTSOUTHWESTERLY CORNER OF SAID LOT IS, BEING A POINT ON THE EASTERLY RIGHT OF WAY LINE OF CONCEPCION ROAD (FORMERLY AVENUE, A 60' 'WIDE ROAD), AS SAID ROAD IS SHOWN ON SAID MAP, SAID POINT BEING ON A CURVE, CONCAVE NORTHWESTERLY, HAVING A CENTRAL ANGLE OF 22.0 17'.58", A RADIUS OF 150.00 FEET FROM A RADIAL BFARTNG OF SOUTH 7703512711 EAST; THENCE NORTF[WESTERLY ALONG SAID CURVE AND ALONG SAID RIGHT Or WAY, 58.38 FEET' THENCE CONTINUING ALONG SAID .RIGHT OF WAY, NORTH 0905310011 WEST 44.12 FEET TO THE BLGIN.MNG OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A CENTRAL ANGLE OF 32918'00" ANT) A RADIUS OF 240.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE 13 5.30 FEET; TR NCI NORTH 42°1.1.'00" WEST 33.02 FEET TO THE NORTHWES'ruRLY CORNER OF SAID LOT 15; THENCE LEAVING SAID RIGHT OF WAY AND ALONG THE NORTHERLY LINE Or SAID LOT 15, NORTH 65004'37" FAST 50.41 FUT TO A POINT ON A CURVE, CONCAVE SOUTHWESTERLY, HAVING A CENTRAL ANGLE OF 11 '0.1'3 0", A RADIUS OF 400.00 FEET ROM A RADIAL BEARING or SOUTH 47"51'40" WEST; THENCE LEAVING SAID NOIR.TUIERLY LINE OF SAID LOT 15 ANIS SOUTHEASTERLY ALONG SAID CURVE 76.97 FEET; THENCE souTH 31 "06'50" FAST 33.22, FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A CENTRAL ANGLE OF 21016'21" AND A RADIUS or 290.00 FELT; THENCE SOUTHEASTERLY ALONG SAIL) CURVE 10767 FEET; THENCE SOUTH 091150'29" EAST 16.90 FELT TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A CENTRAL ANGLE OF 13°21'12" AND A RADIUS OF 200.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE 46,61 FEET TO A POINT ON THE SOUTHERLY LINE. OF SAID LOT 15; TI-WNCE ALONG SAID SOUTHERLY LINE OF SAID LOT 15, soLmi 78000'00" WEST 66.00 FEET TO THE POINT OF BEGINNING. CONTAINING 14,772 %Q�uARE FEET OR 0.339 ACRES, MORE OR uss. T14E ABOVE DESCRIPTION S14OWN ON EXHIBIT "B"' ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF, 14CND OrlDESCRIPTION PREPARED BY OR UNDER THE SUPERVISION OF: ,TUNE 4,2020 MICHAEL J. WALTERS Pis 5528 DATE If PAGE I OF 2 Resolution 39-20 Page 10 LOT 8 LANDS LOU Tr 7 LANDS OF SAC HFS OF EQAN ApNoT76-64-008 &K.VS-64-012 N3 °,35'16~W- 272,72' LOT Is, m OIL" D=8411*45—' 5' GPE *m NO.P-40.00' (60) (81 MAPS 40--41) 81 pAA" 4"1 (L-58.76) OPEN SPACE RASMNT (81 v. Arlo �6a 4"'lp 14,7721, SQ.FT 40 0.839-t ACRES cl 7T2'7777'77-,-' C2 '5140 Cp ok 2-jj'oo 60 0 33.0 --HO 0 D-3218'00",- D=2217'58 POINT OF Rft240,00' 1w -150i00' BEGINNING L-1,35.30' L-58.38' 77, 35'27"E (R) (2217'52" PER 81 MAPS 41) m OPAL ENOWEERS - LAND SAY AREA REGION SAI 2405 INDUSMAL PKWY KST 301 HAYWARO, (MURNA 04M R01 (P) (W) 807-4086 (p) (r) (510) 887-3019 (f) PROPERTY BOUNDARY EXISTING EASEMENT ADJACENT PROPERTY (R) RADIAL OPE GENERAL PUBLIC EASEMENT EXHIBIT PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR OPEN SPACE EASEMENM LANDS OF nDDY 12663 CORTE MADERA LANE LOS ALTOS H1112, CA. Resolution 39-20 Page 1 I