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HomeMy WebLinkAbout49-21RESOLUTION 49-21 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (LANDS OF SUTARIA FAMILY TRUST) WHEREAS, Jay Sutaria and Christine Capozzola, as Joint Tenants ("Owner") own the property commonly known as 13581 Wilderest Drive, Los Altos Hills, California (APN 175-36-021); 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: ATTEST: Deborah PadovaA, City Cleric Kavita Tankha, Mayor -- Resolution 49-21 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 pace Easement ("Agreement") is made and entered into this day of Gf , 2021, by and between Jay Sutaria AND Christina Capozzola, as Joint Tenan s ("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 13581 Wildcrest Drive, Los Altos Hills, California (APN 175-36- 021). 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, Exhibit B and Exhibit C, 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 49-21 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, Exhibit B and Exhibit C, (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 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. Resolution 49-21 Page 3 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. 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: (o &q 2-02.), 2021 Date: c" e , 2021 ATTEST: ,(r dcdeoJ-- eborah L. Padovan, City Clerk TOWN OF LOS ALTOS HILLS: A '� L' Kavita Tankha, Mayor Resolution 49-21 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 �o ) On b('o �-`�t , 2021, before me, C'c� Z��� , Notary Public, personally appeared y (�a fc c- �L S y Y� �, G , who proved to me on the basis o t' ctory evidence to be the person4 whose name( is/are subscribed to the within instrument and acknowledged to me that he/sye/thy executed the same in his/her/t(ir authorized capacity(i(j, and that by his/(r/(r signature(X 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. Nea RP �'e-Ca"om,a Los Anse:es County CoTima n # 2226650 My Corr. Ex0 yes Jan 21. 2022 Signature: (Seal) Resolution 49-21 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 personkwhose name i0are subscribed to the within instrument and acknowledged to me that fi /she4hey executed the same in hi°s>Wher/+lam authorized capacity and that by 1�/herMieir signature(. on the instrument the person, or the entity upon behalf of which the persona, 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. i.. ,,. OESORAH L. PADOVAN ti Notary Public - California Z Santo Clara County Signature: (Seal)Commission N 2282419 My Comm. Expires Apr 19, 2023 Resolution 49-21 Page 6 RESOLUTION 49-21 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (LANDS OF SUTARIA FAMILY TRUST) WHEREAS, Jay Sutaria and Christine Capozzola, as Joint Tenants ("Owner") own the property commonly known as 13581 Wildcrest Drive, Los Altos Hills, California (APN 175-36-021); 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: NOES: ABSTAIN ABSENT: Tankha, Tyson, Mok, Swan None None Schmidt ATTEST: 0/)atr P�;,�— Deborah Padova , City Clerk BY: k C�, Kavita Tanlcha, Mayor REwWailimOZR 1 Certified as a true copy sy - City Clerk otthe Towrrof Los Altos Hills PaLkgc 7 EXHIBIT "A" Legal Description of the Conservation Easement to be Vacated (Abandoned) Lands of Sutaria Family Trust 13581 Wildcrest Drive Los Altos Hills, California An easement over certain real property situate in the Town of Los Altos Hills, County of Santa Clara, State of California, described as follows: All of that Conservation Easement, per the "Agreement for Conservation Easement", recorded June 22, 2000 in Document No. 15288432, in Santa Clara County Official Records. Containing an area of 27,586 square feet (0.63 acres), more or less, as shown on the plat, Exhibit "C", attached hereto and made a part hereof. End of Description Prepared by, or under the supervision of M 7 1. fez. fid.' egl� x1 F.014 / Sheet 1 of 3 Resolution 49-21 Page 8 EXHIBIT `B" Legal Description Conservation Easement Dedication Lands of Sutaria Family Trust 13581 Wildcrest Drive Los Altos Hills, California An easement for conservation purposes, 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 that certain 1.378 acre parcel of land, shown upon that certain Record of Survey, recorded on August 18, 1954 in Book 49 of Maps, page 38, Santa Clara County Official Records, more particularly described as follows: BEGINNING at the southwesterly corner of said parcel, thence along the southwesterly line of said parcel North 21°23'10" West, 110.00 feet; Thence South 78°41'49" West, 82.57 feet, to the beginning of a tangent curve to the left, having a radius of 32.00 feet, through a central angle of 45°00'00", an arc length of 25.13 feet; Thence tangent to last said curve, South 33°41'49" West, 59.17 feet, to the beginning of a tangent curve to the left, having a radius of 22.00 feet, through a central angle of 45°00'00", an arc length of 17.28 feet; Thence tangent to last said curve, North 11°18'11" West, 86.69 feet to the beginning of a tangent curve to the right having a radius of 60.00 feet, through a central angle of 73°02'41", an arc length of 76.49 feet; Thence North 61'44'30" East, 13.58 feet to the Easterly line of said parcel; Thence along the Easterly and Southerly line of said parcel the following six (6) courses: 1. South 15°30'10" East 100.34 feet, 2. South 04°23'30" East 167.08 feet, 3. South 75°12'17" West 32.33 feet, 4. South 63°42'17" West 60.50 feet, 5. South 53°12'17" West 82.17 feet, and 6. South 59°34'34" West 12.78 feet to the POINT OF BEGINNING. Containing an area of 27,323 square feet (0.63 acres) more or less as shown on the plat, Exhibit "C", attached hereto and made a part hereof. End of Description. Prepared by, or under the supervision of Sheet 2 of 3 Resolution 49-21 Page 9 159.®84to 6144'30"E z# ;, y ° °° 0"E (PRIVATE) 146.84° 0502HE 7� V�`VO --'-- 166.37 � 0 1' �-- (49-MAPS-3B)� ;. 9 1.0 BY � 04 N j N p° 232135 a 50 2 TRUST ®®c° to4E ®S ©F SUTARIA FAf�ILY Iq LAN APN 175F-35—® AC) I �to rA- � °° (1.35 50 079 S I W A 13 AD �I �.�'jQ 00, 01 00, cr 00 49. 46 ��s°< ° (�� sir. o/Sr°n�sE�l�,� rr C' 00' °Oh , ,. \ ®o�yEo '9E ASA A(- 341 S. F. $` 0- _ ,1 01 ®� A Dr1 �� 0.01 AC. '� 20 � % V .. m EAS£)d�ElV3 2,00•�� 0 0 20 1,088 S.F. ®\� ��< L. 360,4 ��<, 0.02 AC. I �R�� 80p0< r8< `\ °°h SCAL "=40' �i o PORTION OF NEW CONSERVATION t9 LAND sG o EASEMENT DEDICATION PER EXHIBIT "" B o EX. CONSERVATION EASEMENT (DOC. 15288432) TO BE ABANDONED PE0 53HI EXHIBIT AREA-27=580 i S.F. ( S7S72'17" ffi�.12-31822 S63'42 175 60.50 ,32 3.3 g2.17� OF C�11��4 0 ,21, LEGEND G S53'1(T) TOTAL S59 3434 "Nl1 — — — PROPERTY LINE 12, 78' EXISTING CONSERVA77ON EASEMENT AREA=27,586 I SF. (0.63 1 ACRES) (12.70=) _ PROPOSED CONSERVATION EASEMENT AREA=27,323 k S.F. (0.63 1 ACRES) (49-MAPS-38)WLDCREST DRIVE (PRIVATE) / EASEMENT ABANDONED PER EXHIBIT "A" - NOT BEING RE-DEDICATED EASEMENT DEDICA7701V PER EXHIBIT "B" - NOT PREVIOUSLY DEDICATED Giuliani & Kull-Sam Jose Iime. SCALE: 1"=40' PLAT TO ACCOMPANY DATE: 2/26/21 LEGAL DESCRIPTION DRAWN: E. T. EXHIBIT "C" 4880 Stevens Creek Blvd. Suite 100 CHECKED: M.H. CONSERVATION EASEMENT San Jose, California 95129 JOB NO.: 99210 ADJUSTMENT (408) 615-4000 SHEETS: 3 OF 3 LOS ALTOS HILLS, CALIFORNIA F \1999\99210a\dwg\99210A plat,dwg 7/5/2020 Resolution 49-21 Page 10