The URL can be used to link to this page

Home My WebLink About47-21RESOLUTION 47-21 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (LANDS OF LIM AND SHEIKHOLESLAM) WHEREAS, Steve Lim and Shiva Sheikholeslam, as Joint Tenants ("Owner") own the property commonly known as 24269 Dawnridge Drive, Los Altos Hills, California (APN 336-18-019); 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 22nd day of July 2021, by the following vote: AYES: Tankha, Tyson, Mok, Swan NOES: None ABSTAIN: None ABSENT: Schmidt ATTEST: Deborah Padovan, City Cleric BY: Resolution 47-21 Kavita Tankha, Mayor - 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 Aement for Open Space Easement ("Agreement") is made and entered into thisyR day of to P , 2021, by and between Steve Lim a married man AND Shiva Sheikholeslam a married woman, 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 24269 Dawnridge Drive, Los Altos Hills, California (APN 336-18- 019). 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 47-21 Page 2 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, (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 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 47-21 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: J �@ , 2021 Date: --T,-) 41 , 2021 ATTEST: Deborah L. Padovan, City Clerk TOWN OF LOS ALTOS HILLS: Kavita Tankha, Mayor Resolution 47-21 Page 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDMENT 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 , ca.K' a„ Qy` On ) u bye_- )2A -a -d , 2021, before me, '� U k ; Se W/ , Notary Public, personally appeared 5jfP_1je L, yNA a. KA 2 k \jn_ k r 9 ( a 1 , ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) js/are subscribed to the within instrument and acknowledged to me that W/the/they executed the same in his/leer/their authorized capacity(ies), and that by hks/lir/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. SUt7HA C3OUSE T TY qn RBFA F fFr ' a= COMM. 2316351 PP�� i 3z;y NOTARY PUBLIC. CALIFORNIA VJ COUIITY OF SANTA CLARA Signature: R. g (Seal) `=grroa?M1 My COMM. EXP. JAN. 14, 2024 �s uw•cu�ss^a�»x��sw�m*-�w=s^.s=z:�vc�ro�v-a Resolution 47-21 Page 5 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 27, 2021, before me, Deborah L. Padovan, Notary Public, personally appeared Kavita Tankha, who proved to me on the basis of satisfactory evidence to be the person whose name( is/.are-subscribed to the within instrument and acknowledged to me that 4e>/she% executed the same in 4ii%/herMmir authorized capacity and that by his/her/their signature(s) on the instrument the person, or the entity upon behalf of which the person 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 Z Santa Clara County Commission # 2292419 My Comm. Expires Apr 19, 2023 Signature: (Seal) Resolution 47-21 Page 6 RESOLUTION 47-21 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (LANDS OF LIM AND SHEIKHOLESLAM) WHEREAS, Steve Lim and Shiva Sheikholeslam, as Joint Tenants ("Owner") own the property commonly known as 24269 Dawnridge Drive, Los Altos Hills, California (APN 336-18-019); 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 22nd day of July 2021, by the following vote: AYES: Tankha, Tyson, Mok, Swan NOES: None ABSTAIN: None ABSENT: Schmidt ATTEST: Deborah Padovan, City Clerk BY: Kavita Tankha, Mayor Certined as a true copy i 9y kdFerk of the Towrrof Los -Altos Hills - R li��15Ri 972k1 pggp7 LANDS FAMILY 24269 DAWNRIDGE DRIVE, LOS ALTOS HILLS, CA. AN EASEMENT OVER CERTAIN REAL PROPERTY SITUATED IN THE TOWN OF LOS ALTOS HILLS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, BEING A PORTION OF LOT 2 AS SHOWN ON THAT CERTAIN MAP OF TRACT NO. 2164,'PACCHETTI SUBDIVISION', FILED MARCH 8, 1960 IN BOOK 117 OF MAPS, AT PAGE 37, RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHWESTERLY CORNER OF SAID LOT 2; THENCE ALONG THE NORTHERLY BOUNDARY LINE OF SAID LOT, NORTH 77050'27" EAST 299.65 FEET TO MOST NORTHEASTERLY CORNER THEREOF; THENCE ALONG THE EASTERLY BOUNDARY LINE OF SAID LOT, SOUTH 00°16'54" WEST 35.14 FEET; THENCE LEAVING SAID BOUNDARY LINE, NORTH 77°51'34" WEST 20.41 FEET; THENCE NORTH. 85028'17" WEST 8.10 FEET; THENCE SOUTH 80°41'06" WEST 22.43 FEET; THENCE SOUTH 89-59'47- WEST 46.29 FEET; THENCE SOUTH 78'03'05" WEST 23.37 FEET; THENCE SOUTH 81°59'06" WEST 31.51 FEET; THENCE SOUTH 81°56'33" WEST 34.35 FEET; THENCE SOUTH 7955'53" WEST 32.04 FEET; THENCE SOUTH 74°45'35" WEST 35.75 FEET; THENCE SOUTH 75`51'18" WEST 30.43 FEET; THENCE SOUTH 7755'04" WEST 12.38 FEET TO A POINT IN THE WESTERLY BOUNDARY LINE OF SAID LOT; THENCE ALONG SAID BOUNDARY LINE, NORTH 03°19'00" WEST 9.82 FEET TO THE POINT OF BEGINNING. SEE EXHIBIT'B' (PLAT) ATTACHED HERETO AND MADE A PART HEREOF. Resolution 47-21 -1- . DATE Page 8 EXHIBIT 'B' PLAT TO ACCOMPANY A LEGAL DESCRIPTION FOR AN OPEN SPACE EASEMENT (WANDS OF THE LIM FAMILY TRUST 24289 DAWNRIDGE DRIVE, LOS ALTOS HILLS, CA. M5111 .� I >ti,A ASN .336....19 • o'�„Igr� 03 1...10 o� so�Aolr 1A0�19'"020 �pN 3�6 2'qq `65, 4,038 �•>~ ,� 44 L6 _5 L4 L3 C 1 LOT 2 TRACT NO. 2164 PACCHETTI SUBDIVISION 117 MAPS 37 LANDS OF THE LIM FAMILY TRUST APN 336-18--019 LEGEND EXISTING LOT LINE --- — EXISTING CENTERLINE E7= AREA OF NEW EASEMENT P.O.B. POINT OF BEGINNING rra ti CAU Jahn K. King,P.L.5. __, , 1 Date JN 19045 S ` v'bl 0,\ UNE TABLE µ LINE LENGTH BEARING L1 L2 L3 20.41' 8.10' 22.43' N77'5 1'34"W N85`28' 17"W 580'41'05"W L4 46.29' 589'59'47"W L5 L6 23.37' 31.51' 578'03'05"W S81"59'06"W L7 34.35' 581'56'33"W L8 L9 32.04' 35.75' 579'55'53"W 574'45' 15"W L10 30.43' 575.51'1 8"W L11 12.38 577'55'04"W L12 9.82' NO3'1 9'00"W T1 F a`Y 1910 .. . IVIL ENGINVERS • LAND SURVE OWS CONSTRUCTION MANA 7651 EIGURERRY r. I IL.R v, A 95020 Resolution 47-21 Page 9