Loading...
HomeMy WebLinkAbout43-22RESOLUTION 43-22 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (LANDS OF MOUSAVI) WHEREAS, the Nader A. Mousavi Revocable Trust dated August 14, 2012 ("Owner") owns the property commonly known as 26070 Newbridge Drive, Los Altos Hills, California (APN 175-24- 067); 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, BE IT RESOLVED the City Council of the Town of Los Altos Hills does 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 1; 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 21St day of April, 2022, by the following vote: AYES: Tyson, Swan, Mok, Schmidt, Tankha NOES: None ABSTAIN: None ABSENT: None ATTEST: eborah L. Padovan, City Clerk BY: George Tyso , ayo Resolution 43-22 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 21St day of April, 2022, by and between Nader A. Mousavi Revocable Trust dated August 14, 2012 ("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 26070 Newbridge Drive, Los Altos Hills, California (APN 175-24- 067). 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 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 except for fencing and public utilities 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 43-22 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, (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 new improvements (existing fencing may remain and be maintained or replaced in accordance with the Los Altos Hills Municipal code and consistent with the provisions of this Agreement) 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 installation of new permanent irrigation lines (existing irrigation for native vegetation and vineyard may remain and be maintained or replaced); and Resolution 43-22 Page 3 g. 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. 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: t F Date:Ai � , 2022 Nader A. Mousavi, Trustee TOWN OF LOS ALTOS HILLS: Date: r �, 2022 George Tyso , Mayor ATTEST: Deborah L. Padovan, City Clerk Resolution 43-22 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 S'OP+q G 1Gi O On A-Pri 7., , 2022, before me, C�� 'o'p Eir; 1'�' , Notary Public, personally appeared /Vcde r A, Mrysa, , 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. Signature: -- (Seal) .N CODY ALAN EINFALT Notary Public - California - Santa Clara County Commission # 2303595 yComm. Expires Aug 31,2023 Resolution 43-22 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 April 22, 2022, before me, Deborah L. Padovan, Notary Public, personally appeared George Tyson, 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. Signature: (Seal) eMy DEBORAH L. PADOVAN Notary Public - California Santa Clara County Commissionk 2282419 Comm, Expires Apr 19, 2023 Resolution 43-22 Page 6 RESOLUTION 43-22 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (LANDS OF MOUSAVI) WHEREAS, the Nader A. Mousavi Revocable Trust dated August 14, 2012 ("Owner") owns the property commonly known as 26070 Newbridge Drive, Los Altos Hills, California (APN 175-24- 067); 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, BE IT RESOLVED the City Council of the Town of Los Altos Hills does 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 1; 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 21St day of April, 2022, by the following vote: AYES: Tyson, Swan, Mok, Schmidt, Tankha NOES: None ABSTAIN: None ABSENT: None ATTEST: 'Deborah L. Padovan, City Clerk i BY: 4 � - George Tyso ayo M81UNR fl:ii Certified as a true copy By Y Clerk of the Town`of Los Altos Hills' EXHIBIT "A" LEGAL DESCRIPTION OPEN SPACE AND DRAINAGE EASEMENT LANDS OF MOUSAVI 26070 NEW BRIDGE DRIVE LOS ALTOS HILLS, CALIFORNIA An easement over that certain real property, situate in the Town of Los Altos Hills, County of Santa Clara, State of California, being a portion of Lands of Mousavi as described in that certain Grant Deed, Document No. 21823823, recorded in the office of the County Recorder of Santa Clara County on August 28, 2012 and as shown on the certain Record of Survey filed in the office of the County Recorder of Santa Clara County on January 17, 2013 in Book 858 of Maps at Page 46, as shown on Exhibit `B" attached hereto and made a part hereof, more particularly described as follows: Beginning at the Northwest corner of said Lands of Mousavi; thence along the North line of said lands North 76°45'21" East, 55.95 feet; thence leaving last said line in a general southerly direction along the following eight (8) courses: 1) South 02°39'03" West, 27.16 feet 2) South 04°19'09" West, 48.46 feet 3) South 07°06'08" West, 16.28 feet 4) South 02012'56" West, 43.27 feet 5) South 02°27'33" East, 32.14 feet 6) South 07041'27" West, 43.13 feet. 7) South 12'45'15" West, 36.73 feet 8) South 20°33'47" East, 38.90 feet to the South line of said lands, said point being on the North right of way line of Golden Hill Court (40 feet wide) and a non -tangent curve to the right from which the center bears South 04°35'55" East. Thence along said southerly line, said right of way line and said non -tangent curve with a radius of 155.00 feet, through a central angle of 12°16'25", an arc length of 33.20 feet to a compound curve to the right; thence along said southerly line, said right of way line and said compound curve with a radius of 20.00 feet, through a central angle of 89°25'00", an arc length of 31.21 feet to the West line of said lands al the East right of way line of La Paloma Road (60 feet wide); thence along said west line and said east right of way line North 07°05'30" East, 247.84 feet to the Point of Beginning. Containing 16,479 square feet, more or less. The bearings described are based on the North line of said Lands of Mousavi being North 76°45'21" East as shown on said Record of Survey. END OF DESCRIPTION PREPARED B + S RVI ION OF: y y., C .W k LS 8162 GACorrespondence\2021 JOBS\2210088 CI\Easements\Arcliive\03-08-22\EXH A (OSDE).docx Resolution 43-22 Page 1 of 2 Page 8 THE BEARINGS SHOWN ARE BASED LOT 3 M0 N fl ON THE NORTH LINE OF THE LANDS OF MOUSAVI AS SHOWN ONBEAR FILED N BOOK 858THAT CERTAIN0RD 0E MAPS ATEY '6'h5'�1»� »13p,S�s OF N PAGE 46, SANTA CLARA COUNTY ;,5g,g5 RECORDS, SHOWN AS N76°45'21 "E. , ::: S02'39'03'W ; ::. • . • ; ; : ; :I 27.16' in 0 1 S07ro6'08"W 110 ........:.:.;.•.:.;.... •.•.... 16.28' ® o r::�j :_, _� A..... .. :::::::; : POLE LINE EASEMENT •q�+ W :..........:......... S02'12'56"W (140 M 11) ®M: - ............. '.. _ 43.27' rte. :•:.:•::.... S02'27'33"E — — ` -' -- _ 32.14 5' P.U.E. I ) VEHICULAR ::::. ;:;:.::::. :..... S07'41'27"W (453 M 44 ACCESS ::::::.........:.....i 3.13' (453 M 44) 100' ........... • ... CONSERVATION • • • EASEMENT , 10' P.U.E._ (453 M 44) .j..;.:.:.:. :.::.:::::::.:.;.:.:.;::' ---.,� (453 M 44) :::::.::::: : • S12'45'15"W f ,/.:.........:.......... 36.73' 10' P,U.E. :.:... :.:...:. ..:. :.. 1 / (453 M 44) :.:. S20'33'47"W :•..:......:.•.; ::.38.90' SCALE: 1"=40' ' �p R=20.00 R=155.00' SO4'35'55" A=89' 51 01" L=33.20' RADIAL �® A=12'16'25" NO VEHICULAR ACCESS (453 M 44) At LEA &BRAZE ENGINEERING, INC. EXHIBIT "B" OPEN SPACE AND CIVIL ENGINEERS LAND SURVEYORSDRAINAGE EASEMENT BAY AREA REGION SACRAMENTO REGIONGION2607® NEW BRIDGE DRIVE 2495 INDUSTRIAL PKWY WEST 3017 DOUGLAS BLVD, # 300 HAYWARD, CALIFORNIA 94545 ROSEVILLE, CA 95661 (F) (510P) (510) 887-3019 (F887-4086 ) (918)797-7363 966-1338 LOS ALTOS HILLS, CALIFORNIA WWW.LEABRA2E.COM SANTA CLARA COUNTY JOB NO 2210088CI DRAWN BY: PCW PAGE 2 OF 2 MARCH 2022 POINT OF OPEN 3 `BEGINNING SPACE ® `° SSG 46 AND r � DRAINAGE ••• o w C�G�30o �`� aG3CQo C�g90o �© ;EASEMENT::' .... 16,479 NFF7 AREA. 629571 1 S07ro6'08"W 110 ........:.:.;.•.:.;.... •.•.... 16.28' ® o r::�j :_, _� A..... .. :::::::; : POLE LINE EASEMENT •q�+ W :..........:......... S02'12'56"W (140 M 11) ®M: - ............. '.. _ 43.27' rte. :•:.:•::.... S02'27'33"E — — ` -' -- _ 32.14 5' P.U.E. I ) VEHICULAR ::::. ;:;:.::::. :..... S07'41'27"W (453 M 44 ACCESS ::::::.........:.....i 3.13' (453 M 44) 100' ........... • ... CONSERVATION • • • EASEMENT , 10' P.U.E._ (453 M 44) .j..;.:.:.:. :.::.:::::::.:.;.:.:.;::' ---.,� (453 M 44) :::::.::::: : • S12'45'15"W f ,/.:.........:.......... 36.73' 10' P,U.E. :.:... :.:...:. ..:. :.. 1 / (453 M 44) :.:. S20'33'47"W :•..:......:.•.; ::.38.90' SCALE: 1"=40' ' �p R=20.00 R=155.00' SO4'35'55" A=89' 51 01" L=33.20' RADIAL �® A=12'16'25" NO VEHICULAR ACCESS (453 M 44) At LEA &BRAZE ENGINEERING, INC. EXHIBIT "B" OPEN SPACE AND CIVIL ENGINEERS LAND SURVEYORSDRAINAGE EASEMENT BAY AREA REGION SACRAMENTO REGIONGION2607® NEW BRIDGE DRIVE 2495 INDUSTRIAL PKWY WEST 3017 DOUGLAS BLVD, # 300 HAYWARD, CALIFORNIA 94545 ROSEVILLE, CA 95661 (F) (510P) (510) 887-3019 (F887-4086 ) (918)797-7363 966-1338 LOS ALTOS HILLS, CALIFORNIA WWW.LEABRA2E.COM SANTA CLARA COUNTY JOB NO 2210088CI DRAWN BY: PCW PAGE 2 OF 2 MARCH 2022