HomeMy WebLinkAbout56-22RESOLUTION 56-22
RESOLUTION OF THE CITY COUNCIL
OF THE TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(LANDS OF FIROUZDOR)
WHEREAS, Vahid Firouzdor and Eilham Nejati ("Owner") own the property commonly known
as 12874 Viscaino Road, Los Altos Hills, California (APN 175-55-005); 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; and
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; and
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; and
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; and
WHEREAS, the Agreement for Open Space Easement contains the appropriate restrictions and
covenants to preserve the natural and scenic character of the land.
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 25th day of May, 2022, by the following vote:
AYES: Tyson, Tankha, Mok, Schmidt, Swan
NOES: None
ABSTAIN: None
ABSENT: None
BY:
Resolution 56-22 Page 1
ATTEST:
14
Deborah Padovan, City Clerk
George Tyson, Mayor
Resolution 56-22
Page 2
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 1st day of September, 2021, by and between Vahid Firouzdor AND
Eilham Nejati, 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 12874 Viscaino Road, Los Altos Hills, California (APN 175-55-005).,
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 56-22 Page 3
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 underground public and private utilities (excluding solar
panels), paths dedicated to the Town, a vineyard, 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 or placement of retaining walls 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 a vineyard;
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 56-22 Page 4
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 co
2021 )4
Vahid Firouzdor
Date:
2021
ATTEST:
f�
Eilham NejatiTj
TOWN OF LOS ALTOS HILLS:
Kavita Tankha, Mayor
Deborah L. Padovan, City Clerk
Exhibits A
Legal Description of Open Space Easement Property
and Plat Accompanying Description
CALIFORNIA ALL-PURPOSE ACKNOWLEDMENT CIVIL
CODE § 1189
Resolution 56-22 Page 5
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:
2021
Vahid Firouzdor
Eilham Nej ati
TOWN OF LOS ALTOS HILLS:
Date: Aac4,31 , 2022
eorge Tyso ayor
ATTEST:
Deborah L. Padovan, City Clerk
Resolution 56-22 Page 6
STATE OF CALIFORNIA
COUNTY OF PW MAt7O )
On , 2021, before me,� ��l� '-�1� Notary
Public, pers nally appeared G'611W "4FY0 71 4r -lb V'k3M 1,b /ROPtiiAwho
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
Signature:
A notary public or other officer completing
this certificate verifies only the Identity of
j the individual who signed the document to
which this certificate is attached and not
the truthfulness, accuracy, or validity of
that document.
p. Re�':�pryP HAMBIR CHAVAN
m COMM, # 2369643
NOTARY PUBLIC -CALIFORNIA U!
COUNTY OF SAN MMEO '
MY COMM. EzP, AUG, 4, 2025''
Resolution 56-22 Page 7
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 M, 2022, before me, Deborah L. Padovan, Notary Public, personally
appeared Geage 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)
Il��f
E, or r DEBORAH L. PADOVAN
` Notary Public • California
Santa Clara County
z
My
Commission k 2282419
Comm. Expires Apr 19, 2923
Resolution 56-22 Page 8
Certified as a true Copy
RESOLUTION 56-22 '
i By 9
RESOLUTION OF THE CITY COUNCIL City Clerk of the Town of Los Altos Hills
OF THE TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE -EASEMENT
(LANDS OF FIROUZDOR)
WHEREAS, Vahid Firouzdor and Eilham Nejati ("Owner") own the property commonly known
as 12874 Viscaino Road, Los Altos Hills, California (APN 175-55-005); 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; and
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; and.
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; and
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; and
WHEREAS, the Agreement for Open Space Easement contains the appropriate restrictions and
covenants to preserve the natural and scenic character of the land.
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 25th day of May, 2022, by the following vote:
AYES: Tyson, Tankha, Mok, Schmidt, Swan
NOES: None
ABSTAIN: None
ABSENT: None
BY:
RWKi4OA''52F22 Ne
6�1N
George Tyson, Mayor
ReMq gi9ti(A05W-22
PaKdP2
EXHIBIT A
LEGAL DESCRIPTION
Open Space Easement
Lands of Firouzdor & Nejati
12874 Viscaino Road, Los Altos Hills CA 94022
An easement over a portion of Lot 3 of Block N, as said Lot and Block are shown on that certain
map of Tract No. 1947 recorded December 271h, 1957 in Book 89 of Maps at pages 29 through
31, Santa Clara County Records, and as described as follows:
BEGINNING at the most westerly corner of said Lot 3; thence along the southwesterly line of Lot
3 South 21030'00" East 197.40 feet to a point on the northerly right-of-way line of Viscaino Road
(60 feet wide);
Thence along said northerly right-of-way line of Viscaino Road, North 85030'00" East 184.73 feet;
Thence continuing along said northerly right-of-way line of Viscaino Road, along a tangent curve
to the left, having a radius of 470.00 feet, through a central angle of 7029'36", an arc length of
61.47 feet;
Thence leaving said northerly right-of-way line, the following five (5) courses:
1) North 76031'56" West 141.17 feet;
2) Thence North 60020'41" West 69.33 feet;
3) Thence North 48027'46" West 60.75 feet;
4) Thence North 17026'08" West 44.91 feet;
5) Thence North 06°28'19" East 35.82 feet to a point on the northwesterly line of said Lot 3;
Thence along said northwesterly line of Lot 3, South 68030'00" West 69.72 feet to the POINT OF
BEGINNING.
Containing 19,837 S.F., more or less.
A plat, entitled Exhibit B, is attached hereto and by this reference made a part hereof.
This description was prepared by me or under my direction in conformance with the Land
Surveyor's Act.
Osuna Engineering, Inc. -vMl
PORFIRIO
OSCAR OSUNA
Portirio 0. Osuna No. 8921
PLS 8921 *n, Exp. 9-30-22 *�
1
PAGE 1 OF 2
Resolution 56-22 Page 11
1 0
I I , A.E. R1 I �;
\ o L=61.47' R=470.00' I ;�
1 A=7°29'36" I
I 5.0' G.P.E. /
R 1
5.0' G.P.E. /�`•
LU I J
/
0 0 73748 SF
ABREVIATIONS
m '1.693 AC
A. E.
ANCHOR EASEMENT
I
o I
L
ARC LENGTH
10 30 50
N
i I
G.P.E.
GENERAL PUBLIC EASEMENT
:6.
R
RADIUS
0 20 40 100
/ QD
SF
SQUARE FEET
GRAPHIC SCALE
S. E.
SLOPE EASEMENT
- 50'
�
o
(R#)
REFERENCE DOCUMENT
I
I
o
o
N
p�p��✓
0
2g� -L=133.18' R=470.00'
OPEN , SPACE. EASEMENT ,.
6' A=16' 14'08"
c3 0 /
�
1 0
I I , A.E. R1 I �;
\ o L=61.47' R=470.00' I ;�
1 A=7°29'36" I
I 5.0' G.P.E. /
R 1
5.0' G.P.E. /�`•
LU I J
/
0 0 73748 SF
m '1.693 AC
/ ', ./ 30,
`
I
o I
2 O
0,
S.
Ri
N
i I
y ��Qo
\
:6.
^�
N6'28'19"E /
X00
/ QD
00
co 35.82'
3
V
-LU
N 17'26'08" W
Li
o co
N
OPEN , SPACE. EASEMENT ,.
I I '19837 SFf .
c3 0 /
�
�P� LANA
I I I
�C-' PORFIRIO
(I
� OSCAR OSUNA o
I — — — — — -S21°30'00"E 197.40'—
— —
70
III I POINT OF BEGINNINGNo.
8921
* Exp. 9-30-22
REFERENCES:
Q
�9TFOF
R1 TRACT NO. 1947 89-M-29
CAA
PAGE 2OF2
EXHIBIT B
DATE:
8/24/21
CISUNA ENGINEERING, INC.
12874 VISCAINO ROAD
SCALE:
1"=50'
6920 SANTA TERESA BLVD #206
PLAT TO ACCOMPANY LEGAL. DESCRIPTION FOR
DRAWN BY:
0.0./T.N.
SAN JOSE, CALIFORNIA 95119
OPEN SPACE EASEfr4ENi—LAND$ OF FlROUZDOR do NEJA11
CHECKED BY:
PH. (408) 721-2100
LOS ALTOS HILLS, CALIFORNIA
JOB NO.:
1155,
PLS No, 8921
PORFIRIO OSCAR OSUNA
Resolution 56-22 Page 12