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Home My WebLink About87-06RESOLUTION NO. 87-06 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (Lands of Askari) WHEREAS, Adam Askari ("Owner") owns the property commonly known as 27861 Natoma Road, 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 Owner has 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 Owner 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 Owner; 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 e Open )S,,p�a�c�e Easement Agreement. PASSED AND ADOPTED this -qday of i , 2006 BY: ` A S City Clerk (i 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 Attachment A to Resolution 87-06 DOCUMENT: 19361180 111111111111111111111111 REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of City AGREEMENT FOR OPEN SPACE EASEMENT Pages: 9 Fees.... * No Fees Taxes... Copies.. AMT PAID This Agreement for Open Space Easement ("Agreement") is made and entered into this day of 2006, by and between Adam Askari, a single man, ( "Owner") and t e 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 27861 Natoma Road, 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. 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 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: 1. Grant of Open Space Easement. Owner, as grantor, hereby grant an open space easement to the Town of Los Altos Hills, a municipal corporation in the County of RDE # 001 3/28/2007 11:37 AM 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 ProppAL. 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 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 Owner 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, 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 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. 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. C� 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: , 2006 Date: r ! '2006 City Clerk TOWN OF LOS ALTOS HILLS: Mayor •; STATE OF CALIFORNIA ) ) ss: COUNTY OF 5 (A- C LLL- y(� Kim Oanh Ngo On 3T t,4 {{, 2006, before meAthe undersigned Notary Public, personally appeared personally known tome or proved tome on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that the signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature STATE OF CALIFORNIA ) ) ss: COUNTY OF re;;ZKIM OANH NGO 'Cornmission # 1588309 Notary Public - Califomla Santa Clara County MyComm. Expires Jun 30,2009? On , 2006, before me, the undersigned Notary Public, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that the signature on the instrument the person, or the entity upon behalf of which the person -acted;-ex-eeuted-the-instr-umen.------------------------------------ WITNESS my hand and official seal. Signature Exhibit A Legal Description of Open Space Easement Property and Plat Accompanying Description EXHIBIT "A" Legal Description of the OPEN SPACE EASEMENT for the Town of Los Altos Hills Over the lands described in deed to Adam Aakari Los Altos Hills, California A portion of the lands described in deed to Adam A. Askari in Document Number 18413802 recorded June 10, 2005 in Official Records of Santa Clara County described as follows: BEGINNING at the most Southerly corner of said lands described in deed to Askari on the "center line of Elena Avenue" as described in above mentioned deed (now Natoma Road); Thence along said "center line" North 35°17100" West 86.19 feet; Thence leaving said "center line of Elena Avenue" North 52°15107" West 372.70 feet; North 60°28142" West 272.65 feet; North 31055140" East 76.72 feet; North 1702112711 East 33.96 feet; North 57013139" West 35.22 feet; South 73°33'49" West 52.08 feet; South 52002105" West 57.82 feet; North 37°56'53" West 54.24 feet; North 58°16144" West 76.96 feet to the Northwesterly line of said lands described in deed to Askari; Thence along said Northwesterly line South 71030100" West 84.57 feet to the Southwesterly boundary of said lands described in deed to Askari; Thence along said Southwesterly boundary South 64050127" East 93.50 feet; South 53 05'27" East 83.16 feet; South'60'201271' East 353.10 feet; South 52°20127" East 476.52 feet to the POINT OF BEGINNING. END OF DESCRIPTION Date: 00-0-3 -06 Robert C. McGregor L.S. 5946 License expires 12-31-06 AREA --36,178 SQ FT (0.83 ACRES)± DATE SIGNED 00 — O 3 — CC MCGREGOR LAND SURVEYS P.O. BOX 1871 SOQUEL'CA 95073 (831) 479-1953 SCALE: 1 "=100' DATE: 06-13-06 DRAWN: R.M. CHECKED: R.M. JOB NO.: 4119 SHEETS: 1 OF 2 PLAT TO ACCOMPANY LEGAL DESCRIPTION OPEN SPACE EASEMENT LOS ALTOS HILLS, CALIFORNIA IlkO �O AREA=36,178 SQ FT (0.83 ACRES)± T q # q Mee, ` QOIZ-3/- O(d // moi• G LS 6946 eaL_o► SE DATE SIGNED 690 _ 03 - 06 MCGREGOR LAND SURVEYS P.O. BOX 1871 SOQUEL'CA 95073 (831) 479-1953 SCALE: 1 "=40' DATE: 06-13-06 DRAWN: R.M. CHECKED: R.M. JOB NO.: 4119 SHEETS: 2 OF 2 61 Cs r 6,&, � �y &� 6 �' PLAT TO ACCOMPANY LEGAL DESCRIPTION OPEN SPACE EASEMENT LOS ALTOS HILLS. CALIFORNIA RESOLUTION NO. 8 7 - 0 6 RESOLUTION OF THE CITY COUNCIL OF THE . TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (Lands of Askari) WHEREAS, Adam Askari ("Owner") owns the property commonly known as 27861 Natoma Road, 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 Owner has 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 Owner 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 Owner; 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 e Open. S,,pac_e Easement Agreement. PASSED AND ADOPTED this -41day of &r- '2006 BY: - A S Ce ' ed as a true co y / City Clerk By C' Clerk of th° awn of Los Itos Hills