HomeMy WebLinkAbout88-06 • IP
RESOLUTION NO. 8 8-0 6
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(Lands of Oneonta L.L.C.)
WHEREAS, Oneonta L.L.C. ("Owner") owns the property commonly known as 25045
Oneonta Drive, 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 the Open Space Easement Agreement.
PASSED AND ADOPTED this I Iday of y ►-'.P-✓' 006
BY: - ( `
ayor
A T:
City Clerk
Attachment A to Resolution 88-06
DOCUMENT: 1\-,_161178 Pages: 8
Fees. . . . * No Fees
Taxes. . .
Copies. .
This Document Is Recorded AMT PA I D
For the Benefit of the
Town of Los Altos Hills REG I NA ALCOMENDRAS RDE # 001
And is Exempt from Fee SANTA CLARA COUNTY RECORDER 3/28/2007
Per Government Code Recorded at the request of 1 1 :37 AM
Sections 6103 and 27383 City
When Recorded,Mail to:
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills,CA 94022
Attention: City Clerk n GU t v 2 ��� I I I g
AGREEMENT FOR OPEN SPACE EASEMENT
This A, reement for Open SpFe Easement ("Agreement") is made and
entered into this 4A-day of 4eu.L1Oe4e* , 2006, by and between Oneonta,
f
L.L.C., ("Owner") and the Town of L s Altos Hills, a municipal corporation, ("Town").
RECITALS
A. Owner owns that certain real property in the Town of Los Altos Hills
commonly known as 25045 Oneonta Drive,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 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,
110—
(the
(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 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.
OM � ,
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:
2006
, o � Oneonta,L.L.C-Managi/g Member
(Teresa Boynton)
TOWN OF LOS ALTOS HILLS:
Dat J eV ,-2006 Ylte.
u .
ATTEST: .�
City Cler
•\i 1111s,
STATE OF CALIFORNIA )
, f - - ) ss:
COUNTY OF SQ ArUk 1 1
On iv\AC\v4 t 1 , 2006, before me, the-undue Notary Public, personally appeared
1€L'5a 1;Sctin a, •- -, • - • a •• e 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 ty executed the same in 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.
a BELINDA M.WORTHAM
Commission#1591909
° Santa Clara County
'"•.,."-aMy Comm.Expires Jul 3,2009
STATE OF CALIFORNIA )
) ss:
COUNTY OF )
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 personwhose 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
• ! •
Exhibit A
Legal Description of Open Space Easement Property
and Plat Accompanying Description
0 • '
EXHIBIT "A"
OPEN SPACE EASEMENT DEDICATION
LEGAL DESCRIPTION
All that certain real property situated in the Town of Los Altos Hills, County of Santa
Clara, State of California, being a portion of Lotl 1 as said lot is shown on that certain
map entitled"Tract No. 547 Oak Knoll Estates", which map was filed for record in the
Office of the Recorder of the County of Santa Clara, State of California on January 10,
1949, in Book 22 of Maps,Pages 6 and 7, and more particularly described as follows:
BEGINNING at the most northwesterly corner of said Lotl 1,thence along the northerly
property line of said lot North 72°09'00" East, 106.65 feet;
thence along the northerly property line South 86°11'00" East, 59.70 feet;
thence South 19°50'21" East, 42.32 feet;
thence South 79°26'04" East, 68.39 feet to the most northeasterly corner of the property,
as described in Deed recorded August 7, 1963, in Book 6136, Page 693, Official Records;
thence along the easterly property line South 03°49'00" West, 22.25 feet;
thence South 83°01'55" West, 65.75 feet;
thence South 88°09'16" West 74.97 feet; thence South 71°06'42" West 78.92 feet to a
point on the westerly property line;
thence along said westerly property line North 17°51'00" West, 85.91 feet to the POINT
OF BEGINNING.
Containing an area of 16,103 square feet, more or less.
End of description 7%t� y6i'i, '' - ,
\'J J
Date: 49///0‘ ' L:s ly. iw 1 ;o. r.���r';C° S; '
`
ALBERTO GOMEZ-MASSO \ *` '
RCE 30442 ' ,:::,
d�l 'Sr i�''i ..
REGISTRATION EXPIRES: 3-31-2008 a' `
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GRAPHIC SCALE
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LEGEND: \ -- _ _
( IN FEET ) P.O.B. POINT O ''.- RFGINN.I-NG'(--
1 inch = 40 ft. R/W RIGHT OF WAY
EXHIBIT 'B'
PLAT TO ACCOMPANY DESCRIPTION FOR OPEN SPACE EASEMENT
APN: 336-29-013
SMP ENGINEERS DATE: 7-11-2006
Civil Engineers — Land Surveyors SCALE : 1"=40'
1534 Carob Lane Los Altos, CA 94024 JOB NO.: 25130
Tel. (650) 941-8055 Fax (650) 941-8755
1111-, •
RESOLUTION NO. 8 8-0 6
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(Lands of Oneonta L.L.C.)
WHEREAS, Oneonta L.L.C. ("Owner") owns the property commonly known as 25045
Oneonta Drive, 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 the Open Space Easement Agreement.
PASSED AND ADOPTED this I I day of 19. ' .►-►.p,4 006
BY: - ,
ayor
A T:
City Clork of till 'own of Lc Altos Hills