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HomeMy WebLinkAbout84-06 • RESOLUTION NO. 8 4-0 6 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (Lands of Malavalli) WHEREAS, Kumar Malavalli and Vijaya Malavalli, Trustees of the Malavalli Revocable Trust Dated March 13, 1997 ("Owners"), own the property commonly known as 27500 La Vida Real, Los Altos Hills, California; 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 Owners have offered to enter into an agreement for open space easement attached to.this Resolution as Attachment A ("Open Space Easement Agreement") 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 Open Space Easement Agreement to be consistent with the Town's General Plan and in the best interests of the Town; WHEREAS, the Owners and the Town recognize that the land subject to the Open Space Easement Agreement 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 Owners; WHEREAS,the Open Space Easement Agreement 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 Open Space Easement Agreement attached to this Resolution as Attachment A; and the Mayor is hereby authorized and directed to execute the Open Space Easement Agreement. PASSED AND ADOPTED thiZ4 day of4/1 • 't- 200 . 411 BY: a • ATTE T• City Clerk • • Attachment A Open Space Easement Agreement - 1 Attachment A to Resolution 84-06 DOCUMENT: 1 ..5332 Pages 11 II 0 III III 111111 II II Fees. . . . * No Fees Taxes. . . This Document is Recorded Copies. . For the Benefit of the AMT PAI D Town of Los Altos Hills And is Exempt from Fee BRENDA DAV I S RDE # 008 Per Government Code SANTA CLARA COUNTY RECORDER 9/06/2006 Sections 6103 and 27383 Recorded at the request of 9:22 AM City When Recorded,Mail to: 19093332— Town 332-.Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Attention: City Clerk AGREEMENT FOR OPEN SPACE EASEMENT Thi deement :•r Open Space Easement ("Agreement") is made and entered into this 2 ay of , 2006, by and between by and between Kumar Malavalli and Vijaya Malay. , Trustees of the Malavalli Revocable Trust Dated March 13, 1997 ("Owners") and the Town of Los Altos Hills, a municipal corporation ("Town"). RECITALS A. Owners own that certain real property in the Town of Los Altos Hills commonly known as 27500 La Vida Real, Los Altos Hills, California. 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. Owners 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 the Owners. 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: . #656191v1 r • 1. Grant of Open Space Easement. Owners, as grantors, hereby grant 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. Owners, for the direct benefit of the Property described herein, hereby declare 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 Owners to construct any improvements on or within the Property except for public and private utilities and paths dedicated to the Town, or an approved septic system, or approved solar panels, 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; and d. against the cutting of vegetation,except as may be required for fire prevention, thinning,elimination of diseased growth, and similar measures;and e. against any plantings other than native vegetation and 'other than riparian plantings along the creek; and f. against the erection of structures other than lawful fences or 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. #65619Iv1 ID • • 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. OWNERS: / Date:-2L , 2006 CJ Kumar Malavalli,Trustee of the Malavalli Revocable Trust Dated March 13, 1997 Date: 2 6 —r- , ,2006 Vijaya MaIavalli,Trustee of the MalavalIi Revocable Trust Dated March 13, 1997 • OF LOS -11 OS HILLS: Date,1C.,i , 2006 �. _� , . 'ayor • AIIEST: City Clere #656191v1 , r •i •I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT vzoN .!-4C,�—v�ti.� C, : S�', C.m v.-4 . CLa`,:N..T.• . •, ..t w,,z..,Tst...N 5 .' t, v 4 0 4 State of California c County �3� C( ! /( S3. S of � , .On J(.�4.41._ 2(7 . before me, bi,1711 6- fiU L� do-776/ l zC �k 64.1c. Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") ' personally appeared ka iit/' m� VA'/.1 f ` V/� X i /i r -L4/ Name(s)of Signers) << ❑personally known to me r� proved to me on the basis of satisfactory P evidence g C $) << to be the person(s) whose name(s) is/are subscribed to the within instrument and 0 4 acknowledged to me thats e/they executed 4 the same in Ij1thh their authorized j� (4 capacity(ies), and that by his/her/their ;:j� DIANE E.HODGES signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) c d_ 1y,� Commission#1384476 0 1" ,kIyCOmm. *esDec Notary Public-California t acted, executed the instrument. ?� It -q ,' Santa Clara County 11,2006 WITNE S my ham. and offi i I seal. a. . I r e • / (•�'� Signature of Not Pubr n S OPTIONAL 1% Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent 'l. (y fraudulent removal and reattachment of this form to another document. P 4Description of Attached Document 'tCc i` Title or Type of Document: /CJ,1.5–YfY7 a r ftg 6/9EXI rim L rJIJL'fro‘ir g /rl�y Document Date: '722 . Number of Pages: 1 Signer(s)Other Than Named Above: ',) CCapacity(ies) Claimed by Signer 1 Signer's Name: Cc • RIGHT THUMPRINT g OF SIGNER i ❑ Individual Top of thumb here 0 c. ❑ Corporate Officer—Title(s): CC ❑ Partner—ElLimited,❑General t ❑ Attorney-in-Fact 4 ❑ Trustee r. c. 4 ❑ Guardian or Conservator 4 ❑ Other: A Cc A . Signer Is Representing: a 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402•www.nationalnotary.org Prod.No.5907 Reorder:Cat Toll-Free 1-800-876-6827 • • Exhibit A Legal Description of Open Space Easement Property Y and Plat Accompanying Description #65619Iv1 i •' 40, . COURSE DATA 0 0 '.<5) p r AR0 •.1 1O N59°37'51"W 100.09' 4� ��, . G"',F 2Q 509°40'52"W 228.89' ` .' Z E 0 N35°30'00"E 214.99' o t 0.CE-27818 cn m if° P -iTc OF 0,0' -.......\\\ _0. ) -, I 1.—--- ............ I I GI __ .... 1 ) I 1 Q / POC 1 �� D NATO A ELO� j _` 1 1 ; --....._______1,/ * `--� i i ® ' S35°30'00"W ti, r i i �. ,/ 230.01' ti Si O 1, I O,/� TPOB -N- f 11 ! 1 a i L QQ ' Q �,,0 1 Karr ,1 L--e, ' 0 li 1FAN `wlo� \ I ENCUMBRANCES 0 RESTRICTION OF VEHICULAR ACCESS © PG&E EASEMENT(B-045 O.R.696) © PUBLIC UTILITIES ESMT. (367-M-18) OD WATERLINE EASEMENT(367-M-18) O CONSERVATION EASEMENT OF HIKING&EQUESTRIAN ESMT. (367-M-18) ® STORM DRAIN EASEMENT . Data PLAT TO ACCOMPANY N DeBolt Civil Engineerings June 2006 DESCRIPTION O 811 San Ramon Valley Boulevard 1n= , Danville,California 94526 B PROPOSED OPEN SPACE EASEMENT / 925/837-3780 JobNO 04199 • • Job No. 04199 July 10, 2006 EXHIBIT 'A' LEGAL DESCRIPTION OPEN SPACE EASEMENT All that certain real property situated.in the Town Los Altos Hills, County of Santa Clara, State of California, further described as follows: Being a portion of Parcel 1, as said parcel is shown on that certain Parcel Map filed for record in the office of the Recorder of the County of Santa Clara, State of California, on February 8, 1978, in Book 412 of Maps at Page 36 and 37, more particularly described as follows: COMMENCING at the northeast corner of said Parcel 1 (412 M 36); thence leaving said Point of Commencement along the easterly line of said Parcel 1, South 35°30'00" West, 230.01 feet to the True Point of Beginning of the herein described easement; thence leaving said True Point of Beginning and said easterly line along the southerly line of the existing conservation easement as shown on said Parcel Map (412 M 36),North 59°37'51"West, 100.09 feet; thence leaving said southerly conservation easement line, South 9°40'52"West, 228.89 feet to an angle point in said easterly line of said Parcel 1; thence along said easterly line, North 35°30'00"East, 214.99 feet to said True Point of Beginning. Containing 10,716 square feet(0.246 acre),more or less as shown on the attached plat made a part hereof. 41 �p -40 ES11/9�•. to . m Date signed , N• CE-27818c3 cn NAME: James E. Diggins LICENSE#: 27818 42-AZOF CA\-- LICENSE EXPIRES: 03/31/08 • • •) Exhibit B Legal Description of Open Space Easement Property and Plat Accompanying Description #656191v1 •l •1 ,:'` Q�tOF. -sipN4z COURSE DATA `,� % Lc-, Ql N82°29'40"E 49.59' ~ �_' Q2 S59°3751"E 145.25' L (.9 • o.CE-27818 cn 2 ® S59°32'03"W 105.53' 313�1os `, ® S39°08'52'W 136.92' S'J C(' ' , a� ® N68°32'40"W 209.03' q7' - O' © N67°09150"E 89.98' F OF C A��� 0 N25°09'40"E 100.17' ® N07°30'20"W 15.00' - %‘.4 ,s\v‘...,.........\\ ® N82°29'40"E 74.55' .........N\ / / ra 1 ' le _ .oma 1 , `.� ` \ / 05 vit - II f?„,,, 0 / NATOA94 �, �'� i O / \\ s 42 17' -N a '§ 1 i i 00 i 0 ACJ i/ J i _ -vrie... I I1 �tia�, \\ ` s,- ENCUMBRANCES 4 �R`� ® RESTRICTION OF VEHICULAR ACCESS Vitt ® PG&E EASEMENT(B-045 O.R.696) J s' © PUBLIC UTILITIES ESMT. (367-M-18) OD WATERLINE EASEMENT(367-M-18) O CONSERVATION EASEMENT OF HIKING&EQUESTRIAN ESMT. (367-M-18) ® STORM DRAIN EASEMENT DeBolt Civil Engineering � PLAT TO ACCOMPANY � �$� LEGAL DESCRIPTION D 811 San Ramon Valley Boulevard in=200' Danville,California 94526 Brim iki PROPOSED OPEN SPACE EASEMENT / 925/837-3780 Job No.: 04199 • .I • Job No. 04199 July 10, 2006 EXHIBIT `B' LEGAL DESCRIPTION OPEN SPACE EASEMENT All that certain real property situated in the Town of Los Altos Hills, County of Santa Clara, State of California, further described as follows: Being a portion of Parcels 1 and 2, as said parcels are shown on that certain Parcel Map filed for record in the office of the Recorder of the County of Santa Clara, State of California, on February 8, 1978 in Book 412 of Maps at Page 36 and 37, more particularly described as follows: COMMENCING at the southwest corner of said Parcel 1, said corner also being the southeast corner of Parcel 2 and said Point of Commencement also lies on the northerly line of La Vida Rea as shown on said Map (412 M 36); thence leaving said Point of Commencement along the line common to Parcels 1 and 2, North 3°15'53" East, 383.15 feet, to a point on the southerly line of the conservation easement as shown on said map, said Point being the True Point of Beginning of the herein described easement; thence leaving said True Point of Beginning and said common line, along the southerly line of said conservation easement, North 82°29'40" East, 49.59 feet; thence leaving said southerly line, South 59°37'51"East, 145.25 feet; thence South 59°32'03"West, 105.53 feet; thence South 39°08'52"West, 136.92 feet; thence North 68°32'40" West, 209.03 feet to a point on the easterly right-of-way of Natoma Road as shown on said map (412 M 36); thence along said easterly right-of-way, North 67°09'50" East, 89.98 feet; thence North 25°09'40" East, 100.17 feet; thence North 7°30'20" West, 15.00 feet to a point on the southern line of said conservation easement;thence leaving said easterly right-of- way of Natoma Road, along said southern line of the conservation easement, North 82°29'40" East, 74.55 feet to said True Point of Beginning. Containing 42,240 square feet (0.970 Acre), more or less, as shown on the attached plat made a part hereof. Q4p SS/ON 9` 7i/0 oc •p 0; ARA Date signed Z. o.CE-27818 cn m NAME: James E. Diggins a ` p 3)311015;* LICENSE#: 27818 LICENSE EXPIRES: 03/31/08 CIV1'.- �P 9t-OF"CP.V-\40. w •' • RESOLUTION NO. 84-06 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (Lands of Malavalli) WHEREAS, Kumar Malavalli and Vijaya Malavalli, Trustees of the Malavalli Revocable Trust Dated March 13, 1997 ("Owners"), own the property commonly known as 27500 La Vida Real, Los Altos Hills, California; 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 Owners have offered to enter into an agreement for open space easement attached to this Resolution as Attachment A ("Open Space Easement Agreement") 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 Open Space Easement Agreement to be consistent with the Town's General Plan and in the best interests of the Town; WHEREAS, the Owners and the Town recognize that the land subject to the Open Space Easement Agreement 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 Owners; WHEREAS, the Open Space Easement Agreement 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 Open Space Easement Agreement attached to this Resolution as Attachment A; and the Mayor is hereby authorized and directedtoexecute the Open Space Easement Agreement. PASSED AND ADOPTED thiO4{day of / • , 200:. BY: - )-447 a • ATTE T• Certified as a ' • copy City Clerk 411j By iry Clerk of a Town if Los Altos Hills